Datasets:

sujantkumarkv

/

black_law_dictionary

like 1

the demise"] Hist. A phrase forming part ofthe title of the old action of ejectment. Abbr. ex demo ex directo (eks di-rek-toh). [Latin] Directly; immediately. ex distribution. Without distribution. -Shares are traded ex distribution when they no longer carry the right to receive a distribution to be made to holders. - Abbr. X; XDlS. ex diverso (eks di-v3r-soh). [Latinlllist. On the other hand; conversely. ex dividend. Without dividend. -Shares are traded ex dividend when the selier, not the purchaser, is entitled to the next dividend payment because it will be made before the stock transfer is completed. The first day on which shares are traded ex dividend, the stock price will drop by an amount usu. approximating the amount of the dividend. -Abbr. XD.; X. Cf. CUM DIVIDEND. ex-dividend date. The date on or after which the buyer of a security does not acquire the right to receive a recently declared dividend. -Also termed ex-date. Cf. DIVIDEND DATE. ex dolo malo (eks doh-loh mal-oh). [Latin] Out offraud; out ofdeceitful or tortious conduct. exeat (ek-see-;Jt), n. (18c) 1. Generally, permission to go outside (a place). 2. Permission that a bishop grants to a priest to go out ofhis diocese. Cf. NE EXEAT (1). execute, vb. (14c) 1. To perform or complete (a contract or duty) <once the contract was fully executed, the parties owed no further contractual duties to each other>. [Cases: Contracts 2. To change (as a legal interest) from one form to another <the shifting use was executed into a valid legal estate>. 3. To make (a legal document) valid by signing; to bring (a legal document) into its final, legally enforceable form <each party executed the contract without a signa ture witness>. 4. To put to death, esp. by legal sentence <Johnson was executed shortly after midnight>. [Cases: Sentencing and Punishment C;=> 1795.] 5. To enforce and collect on (a money judgment) <Williams asked the executed 650 sheriff to execute on the judgment>. [Cases: Execution (;=: 1; Federal Civil Procedure (;=:2691.] executed, adj. (16c) 1. (Of a document) that has been signed <an executed will>. 2. That has been done, given, or performed <executed consideration>. "[Tlhe term 'executed' is a slippery word. Its use is to be avoided except when accompanied by explanation .... A contract is frequently said to be executed when the document has been signed, or has been signed, sealed, and delivered. Further, by executed contract is frequently meant one that has been fully performed by both parties." William R. Anson, Principles of the Law of Contract 26 n.* (Arthur l. Corbin ed., 3d Am. ed. 1919). executed consideration. See CONSIDERATION (1). executed contract. See CONTRACT. executed covenant. See COVENANT (1). executed estate. See REMAINDER (1). executed fine. See FINE (1). executed note. See NOTE (1). executed remainder. See vested remainder under REMAINDER. executed trust. See TRUST. executed use. See USE (4). executio (ek-s<l-kyoo-shee-oh), n. [Latin] 1. The perfor mance or completion of a thing; the act of following through on a commitment. 2. The doing ofsomething thoroughly. 3. Management or administration. 4. Hist. Execution; the final process in an action. executio bonorum (b,,-nor-<lm). [Latin] Hist. The man agement or administration ofgoods. execution, n. (14c) 1. The act of carrying out or putting into effect (as a court order or a securities transaction) <execution of the court's decree> <execution of the stop-loss order>. 2. Validation ofa written instrument, such as a contract or will, by fulfilling the necessary legal requirements <delivery of the goods completed the contract's execution>. [Cases: Contracts (:::-J34; Sales Vendor and Purchaser <::=>23; Wills (;=: 108 129.] 3. Judicial enforcement of a money judgment, usu. by seizing and selling the judgment debtor's property <even if the plaintiff receives a judgment against the foreign debtor, execution is unlikely>. -Also termed (in Scots law) diligence. [Cases: Execution Federal Civil Procedure C=>2691.] 4. A court order directing a sheriff or other officer to enforce a judgment, usu. by seizing and selling the judgment debtor's property <the court issued the execution authorizing seizure of the car>. -Also termed writ ofexecution; judgment execution; general execution. [Cases: Execution <:-"'::>74; Federal Civil Procedure C=>2697.] "A writ of execution is an authorization to an executive officer, issued from a court in which a final judgment has been rendered, for the purpose ofcarrying such judgment into force and effect. It is founded upon the judgment, must generally be conformed to it in every respect, and the plaintiff is always entitled to it to obtain a satisfaction of his claim, unless his right has been suspended by proceed ings in the nature of an appeal or by his own agreement." BenjaminJ. Shipman, Handbook ofCommon-Law Pleading 26, at 50 (Henry Winthrop Ballantine ed., 3d ed. 1923). alias execution. A second execution issued to enforce a judgment not fully satisfied by the original writ. Cf. alias writ under WRIT. [Cases: Execution C=>99.] body execution. A court order requiring an officer to take a named person into custody, usu. to bring the person before the court to pay a debt; CAPIAS. Execution (;=:'421; Federal Civil Procedure close-jail execution. A body execution stating that the person to be arrested should be confined in jail without the ofmovement about the jailyard. [Cases: Execution 448.] dormant execution. An execution authorizing an officer to seize and hold property rather than sell it, until further notice. junior execution. An execution that is subordinate to another execution issued from an earlier judgment against the same debtor. [Cases: Execution (;=: 112.] malicious execution. An abuse of process by which a person, maliciously and without reasonable cause, issues an execution against the property of a judgment debtor. [Cases: Execution (;:::;)454.] special execution. An execution authorizing a judgment to be satisfied from specified property. [Cases: Execu tion 420.5.] speedy execution. An execution issuing quickly (esp. by judges at nisi prius) after a trial. 5. Criminal law. The carrying out of a death sentence <the Supreme Court stayed the execution>. [Cases: Sen tencing and Punishment C=>1795-1799.] -execute, vb. execution clause. The part ofa deed containing the date, seal (if required), and signatures of the grantor, grant or's spouse, and witnesses. [Cases: Deeds (;=:44-53.] execution creditor. See CREDITOR. executione facienda in withernamium (ek-s<l-kyoo shee-oh-nee fay-shee-en-dd in with-dr-nay-mee-dm). [Latin] Hist. A writ that lay for taking cattle ofa person who had taken someone else's cattle out of the county so that the sheriff could not replevy them. executione judicii (ek-sd-kyoo-shee-oh-nee joo-dish-ee I). [Latin] Hist. A writ directed to a judge ofan inferior court to issue execution upon a judgment in that court, or to return some reasonable cause why the judge has delayed execution. executioner. (I6c) A person who puts another person to death to carry out a death sentence; a person who carries out capital punishment on the state's behalf. execution lien. See LIEN. execution paree (eg-zay-koo-syawn pa-ray). [French] French law. A right founded on an act approved and verified before a notary, by which a creditor may immediately without citation or summons seize and cause to be sold the debtor's property and keep 651 the proceeds of the sale (to the extent of the indebted ness). execution-proof. See JUDGMENT-PROOF. execution sale. See SALE. executive, n. (18c) 1. The branch of government respon sible for effecting and enforcing laws; the person or persons who constitute this branch. _ The executive branch is sometimes said to be the residue of all gov ernment after subtracting the judicial and legislative branches. Sometimes also termed executive depart ment. Cf. LEGISLATURE; JUDICIARY (1). [Cases: Consti tutional Law (;:::>2620-2626; United States C'=31.] chiefexecutive. (1876) The head of the executive branch of a government, such as the President of the United States. [Cases: United States (;:::>26.] 2. A corporate officer at the upper levels of manage ment. Also termed executive officer; executive employee. executive, adj. executive administration. Collectively, high public officials who administer the chief departments of the government. executive agency. An executive-branch department whose activities are subject to statute and whose con tracts are subject to judicial review. _ One example is the National Aeronautics and Space Agency. [Cases: Administrative Law and Procedure (~~301-513; United States executive agreemeut. (1942) An international agree ment entered into by the President, without approval by the Senate, and usu. involving routine diplomatic or military matters. Cf. TREATY (1). [Cases: United States (;:::>28.] executive board. See BOARD OF DIRECTORS. executive branch. (ISc) The branch of government charged with administering and carrying out the la,v; EXECUTIVE (1). Cf. JUDICIAL BRANCH; LEGISLATIVE BRANCH. executive clemency. See CLEMENCY. executive committee. See COMMITTEE. executive department. See EXECUTIVE (1). executive director. A salaried employee who serves as an organization's chief administrative and operating officer and heads its profeSSional staff. -Also termed executive secretary; staffdirector. executive employee. An employee whose duties include some form ofmanagerial authority and active partici pation in the control, supervision, and management of the business. Often shortened to executive. executive immunity. See IMMUNITY (1). executive officer. See EXECUTIVE (2). executive order. (1862) An order issued by or on behalf ofthe President, usu. intended to direct or instruct the actions of executive agencies or government officials, or to set policies for the executive branch to follow. - Abbr. ex. ord. [Cases: United States (;:::>28.] executor executive pardou. See PARDON. executive power. (17c) Constitutional law. The power to see that the laws are duly executed and enforced. -Under federal law, this power is vested in the Presi dent; in the states, it is vested in the governors. The President's enumerated powers are found in the U.S. Constitution, art. II, 2; governors' executive powers are provided for in state constitutions. The other two great powers of government are the legislative power and the judicial power. [Cases: Constitutional Law ~'= 2620-2626.] executive privilege. See PRIVILEGE (3). executive right. Oil & gas. The exclusive right to lease specified land or mineral rights. _ The executive right is one of the incidents of the mineral interest. [Cases: Mines and Minerals executive secretary. See EXECUTIVE DIRECTOR. executive session. See SESSION (1). executor, n. (l3c) 1. (ek-s<l-kyoo-t<lr) One who performs or carries out some act. 2. (eg-zek-y;H;:,r) A person named by a testator to carry out the provisions in the testator's will. Cf. ADMINISTRATOR (2). [Cases: Execu tors and Administrators Abbr. exor. acting executor. (18c) One who assumes the role of executor usu. temporarily but is not the legally appointed executor or the executor-in-fact. -Also termed temporary executor. [Cases: Executors and Administrators G=22.J coexecutor. See joint executor. executor ab episcopo constitutus Cab ;:,-pis-k<l-poh kon sti-t[y]oo-tas). [Law Latin] Eccles. law. An executor appointed by a bishop; an administrator to an intes tate. -Also termed executor dativus. executor a lege constitutus (ay [or ah]lee-jee kon-sti t[y]oo-tas). [Law Latin] Eccles. law. One authorized by law to be an executor; the ordinary of the diocese. executor a testatore constitutus (ay [or ahJ tes-ta tor-ee kon-sti-t[y]oo-t<ls). [Law Latin] Eccles. law. An executor appointed by a testator. Also termed executor testamentarius. executor dative. See DATIVE (1). executor dativus. See executor ab episcopo constitu tus. executor de son tort (da sawn [or son] tor[t]). [Law French "executor of his own wrong"] (17c) A person who, without legal authOrity, takes on the responsibil ity to act as an executor or administrator of a dece dent's property, us

, without legal authOrity, takes on the responsibil ity to act as an executor or administrator of a dece dent's property, usu. to the detriment of the estate's beneficiaries or creditors. [Cases: Executors and Administrators "Executor de son tort~ or, executor of his own wrong. Is he that takes upon him the office of an executor by intrusion, not being so constituted by the testator." The Pocket Lawyer and Family Conveyancer 98 (3d ed. 1833). 652 executor fund executor lucratus (loo-kray-t;)s). An executor who has assets of the testator, the latter having become liable by wrongfully interfering with another's property. executor testamentarius. See executor a testa tore con stitutus. executor to the tenor. Eccles. law. A person who is not named executor in the will but who performs duties similar to those ofan executor. general executor. (18c) An executor who has the power to administer a decedent's entire estate until its final settlement. independent executor. (1877) An executor who, unlike an ordinary executor, can administer the estate with very little supervision by the probate court . Only a few states mostly in the West and Southwest allow testators to designate independent executors. But lawyers routinely write wills that relieve a trusted executor from obtaining appraisals, from providing inventories and surety bonds, and from obtaining court approval "to the maximum extent permitted by law." The Uniform Probate Code endorses inde pendent administration, and it is the usual process unless a party demands court-supervised administra tion. Also termed nonintervention executor. [Cases: Executors and Administrators 75.J joint executor. (17c) One oftwo or more persons named in a will as executor ofan estate. Also termed coex ecutor. [Cases: Executors and Administrators 123.J limited executor. (18c) An executor whose appoint ment is restricted in some way, such as time, place, or subject matter. literary executor. Copyright. A limited-purpose executor appointed to manage copyrighted materi als in an estate. [Cases: Executors and Administra tors nonintervention executor. See independent executor. special executor. (18c) An executor whose power is limited to a portion of the decedent's estate. [Cases: Executors and Administrators (;::.22.J substituted executor. U8c) An executor appointed to act in the place ofan executor who cannot or will not perform the duties. [Cases: Executors and Administrators temporary executor. See acting executor. 3. (eg-zek-ya-t;)r) Patents. One who represents a legally incapacitated inventor. [Cases: Patents (;::102.J -exe cutorial, adj. executorship, n. executor fund. See FUND (1). executor's bond. See BOND (2). executory (eg-zek-y;)-tor-ee), adj. (16c) 1. Taking full effect at a future time <executory judgment>. 2. To be performed at a future time; yet to be completed <execu tory contract>. executory accord. See ACCORD (2). executory bequest. See BEQUEST. executory consideration. See CONSIDERATION (1). executory contract. See CONTRACT. executory covenant. See COVENANT (1). executory devise. See DEVISE. executory interest. (1833) A future interest, held by a third person, that either cuts off another's interest or begins after the natural termination of a preceding estate. Cf. REMAINDER. [Cases: Estates in Property 1.J "What is an executory interest? Here is a pretty good defini tion: An executory interest is any future interest created in a person other than the transferor that is not a remainder-. Here are five classic examples of executory interest: (1) o transfers 'to A for then, one day after A's death, to the heirs of A.' The creates a springing executory interest in those who will be A's heirs. (2) 0 transfers 'to A for 200 years if he shall so long live, then to the heirs of A.' This transfer also creates a springing executory interest in A's prospective heirs, (3) 0 transfers 'to A and his heirs five years from the date of this deed.' A owns a springing executory interest. (4) 0, when B is fifteen, transfers 'to A for life; then no sooner than one day after A's death, to B and his heirs if B ever reaches 21.' B owns a springing executory interest. (5) 0 transfers 'to A and his heirs; but if A marries X, to B and his heirs.' B owns a shifting executory interest." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 80 (2d ed. 1984). shifting executory interest. An executory interest that operates in defeasance ofan interest created simulta neously in a third person. [Cases: Wills ~625.J springing executory interest. An executory interest that operates in defeasance of an interest left in the transferor. [Cases: Wills executory judgment. See JUDGMENT. executory limitation. See LIMITATION. executory process. Civil law. I. A process that can be resorted to either (1) when the right ofa creditor arises from an act importing a confession of judgment, and that contains a privilege or mortgage in the creditor's favor, or (2) when the creditor demands the execution of a judgment that has been rendered by a different tribunal. 2. An accelerated procedure, summary in nature, by which the holder ofa mortgage or privilege evidenced by a confession ofjudgment seeks to effect an ex parte seizure and sale of the subject property. [Cases: Chattel Mortgages Mortgages G'-;:;499.j executory remainder. See contingent remainder under REMAINDER. executory sale. See SALE. executory trust. See TRUST. executory unilateral accord. (l940) An offer to enter a contract; OFFER (2). executory use. See springing use under USE (4). executory warranty. See WARRANTY (3). executress. See EXECUTRIX. executrix (eg-zek-p-triks), n. Archaic. A female executor. ~Abbr. exrx. Also termed executress. PI. 653 executrixes (eg-zek-Y<l-trik-s<lz), executrices (eg-zek Y<l-trl-seez). See EXECUTOR. executry. Scots law. 1. Executorship. See EXECUTOR (1), (2). 2. The movable property of a decedent. exedos (e-he-thohs), n. See EJIDOS. exemplar (eg-zem-pl<lr or -plahr), n. (lSc) 1. An ideal or typical example; a standard specimen <handwriting exemplars>. 2. Nontestimonial identification evidence, such as fingerprints, voiceprints, and DNA samples. See VOICE EXEMPLAR. [Cases: Criminal Law C='404.85; Evidence exemplary, adj. (16c) 1. Serving as an ideal example; commendable <exemplary behavior>. 2. Serving as a warning or deterrent; admonitory <exemplary damages>. exemplary damages. See punitive damages under DAMAGES. exemplary substitution. See SUBSTITUTION (5). exemplification, n. (l6c) An official transcript ofa public record, authenticated as a true copy for use as evidence. [Cases: Criminal Law Evidence C=' 338.] exemplify, vb. exemplificatione (eg-zem-pl<l-f<l-kay-shee-oh-nee). [Latin] A writ granted for the exemplification or tran script ofan original record. exemplified copy. See certified copy under COPY. exempli gratia (eg-zem-ph gray-shee-<l or ek-sem-plee grah-tee-<l). [Latin] (17c) For example; for instance. - Abbr. e.g. or (rarely) ex. gr. exemplum (eg-zem-pldm), n. [Latin] (19c) Civil law. A copy; a written authorized copy. exempt, adj. (14c) Free or released from a duty or lia bility to which others are held <persons exempt from military service> <property exempt from sequestra tion>. -exempt, vb. exemptive, adj. exempt income. See INCOME. exemption. (14c) 1. Freedom from a duty, liability, or other requirement; an exception. See IMMUNITY; EXCEPTION (2). 2. A privilege given to a judgment debtor by law, alloWing the debtor to retain certain property without liability. [Cases: Exemptions 1; Home stead 1.] 3. Tax. An amount allowed as a deduc tion from adjusted gross income, used to determine taxable income. Cf. DEDUCTION (2). [Cases: Internal Revenue Taxation 3518.] dependency exemption. (1920) A tax exemption granted to an individual taxpayer for each depen dent whose gross income is less than the exemption amount and for each child who is younger than 19 or, if a student, younger than 24. [Cases: Internal Revenue C=>3294; Taxation 3519.] personal exemption. (1920) An amount allowed as a deduction from an individual taxpayer's adjusted gross income. (Cases: Internal Revenue C=>3295; Taxation C=~)3501, 3519.] exequatur exemption clause. (1840) A contractual provision pro viding that a party will not be liable for damages for which that party would otherwise have ordinarily been liable. Cf. EXCEPTION CLAUSE; EXCULPATORY CLAUSE; INDEMNITY CLAUSE. [Cases: Contracts C='114, 189.5.] ''An exemption clause may take many forms, but all such clauses have one thing in common in that they exempt a party from a liability which he would have borne had it not been for the clause. In some cases an exemption clause merely relieves a party from certain purely contractual obli gations, for example, the duties of a seller in a contract of sale regarding the quality and fitness of the goods. In other cases exemption clauses go further and protect the party not merely from contractual liability but even from liability which would otherwise have arisen in tort. For example, a shipping company's ticket may exempt the company from liability to the passenger for any injuries, however caused. Now if the passenger is injured as a result of the negligence of the company's employees, that would, in the normal way, give rise to an action in tort for negligence, quite apart from the contract." P.S. Atiyah, An Introduction to the Law ofContract 167 (3d ed. 1981). exemption equivalent. The maximum value of assets that one can transfer to another before incurring a federal gift and estate tax. exemption law. (1839) A law describing what property of a debtor cannot be attached by a judgment creditor or trustee in bankruptcy to satisfy a debt. See EXEMPT PROPERTY (1). (Cases: Exemptions Homestead C-~1.1 ex empto (eks emp-toh). (Latin] Roman & civil law. Out ofpurchase; founded on purchase. exempt organization. An organization that is either partially or completely exempt from federal income taxation. See CHARITABLE ORGANIZATION. [Cases: Internal Revenue C='404S-4071.] exempt property. (1839) 1. A debtor's holdings and possessions that, by law, a creditor cannot attach to satisfy a debt. All the property that creditors may lawfully reach is known as nonexempt property. Many states provide a homestead exemption that excludes a person's house and household items, up to a certain amount, from the liens of most creditors. The purpose of the exemption is to prevent debtors from becoming destitute. See HOMESTEAD. Cf. NONEXEMPT PROPERTY. [Cases: Exemptions Homestead 1.]2. Personal property that a surviving spouse is auto matically entitled to receive from the decedent's estate. [Cases: Executors and Administrators exempt security. See SECURITY. exempt transaction. A sale that falls outside the scope of a certain statute, such as the Securities Act of 1933 or the Securities Exchange Act of 1934. [Cases: Securities Regulation C-'18.10-l8.30.] exennium (eg-zen-ee-<lm), n. [Latin] Hist. A gift, esp. one given at the new year. ex eo quodplerumque fit (eks ee-oh kwod pli-r:.>m-kwee fit). [Latin] Hist. From that which generally happens. exequatur (ek-s<l-kway-tClr). [Latin "let it be executed"] (l7c) A written official recognition and authorization 654 exequitate ofa consular officer, issued by the government to which the officer is accredited. "Consuls on exhibiting proof of their appointment, if not objectionable persons, receive an exequatur, or permission to discharge their functions within the limits prescribed, which permission can be withdrawn for any misconduct." Theodore D. Woolsey, Introduction to the Study of Interna tional Law 100, at 162-63 (5th ed. 1878). ex equitate (eks ek-wa-tay-tee). [Latin] Hist. According to equitable rules. ex

ex equitate (eks ek-wa-tay-tee). [Latin] Hist. According to equitable rules. exercise, vb. (14c) 1. To make use of; to put into action <exercise the right to vote>. 2. To implement the terms of; to execute <exercise the option to buy the commodi ties>. -exercise, n. Exercise Clause. See FREE EXERCISE CLAUSE. exercise of judgment. (17c) The use of sound discre tion -that is, discretion exercised with regard to what is right and equitable rather than arbitrarily or willfully. exercise price. See strike price under PRICE. exercise value. The value to an optionholder of using the option. exercitalis (eg-zar-si-tay-lis), n. [Latin] A soldier; a vassal. exercitor (eg-zar-si-tor), n. [Latin "an exercisor"] (17c) Civil law. The person to whom the profits ofa ship tem porarily belong, whether that person is the owner, char terer, or mortgagee. -Also termed exercitor maris; exercitor navis. Cf. SHIP'S HUSBAND. exercitoria actio. See actio exercitoria under ACTIO. exercitorial power (eg-zar-si-tor-ee-al). The trust given to a shipmaster. exercitor maris (eg-zClr-si-tar mar-is). See EXERCITOR. exercitor navis (eg-zar-si-tar nay-vis). See EXERCITOR. exercituale (eg-zar-sich-oo-ay-Iee), n. [Law Latin, ff. Latin exercitus "an army"] Hist. A heriot paid only in arms, horses, or military accouterments. See HERIOT. exercitus (eg-zar-si-tas), n. [Latin "an army"] Hist. An army; an armed force . Ofindefinite number, the term was applied on various occasions to a gathering of 42 armed men, of 35, or even of4. ex eventu (eks i-ven-t[y]oo). [Latin] Hist. After the event; following the occurrence. exfacie (eks fay-shee-ee or -shee or -sha). [Latin] (1861) Archaic. On the face of it; evidently; apparently . The phrase typically referred to a defect appearing from the document itself, without further inquiry. exfacto (eks fak-toh). [Latin "from a fact"] From or in consequence of a fact or action; actually; DE FACTO. exfestucare (eks-fes-ta-kair-ee), vb. [Latin] Hist. To abdicate or resign; to surrender (an estate, office, or dignity) by the symbolic delivery of a staff or rod (festuca) to the transferee. exfictione juris (eks fik-shee-oh-nee joor-is). [Latin] By a fiction oflaw. ex figura verborum (eks fi-gyuur-d vdr-bor-dm). [Law Latin] Hist. By the form of the words used . A defec tive deed could not be fixed merely by calling it some thing else. exfraude creditorum (eks fraw -dee kred -kred -i -tor-dm). [Law Latin] Hist. On the ground offraud toward credi tors. A preference could be set aside if it were made within 60 days of the bankruptcy filing. exfrediare (eks-free-dee-air-ee), vb. [Latin] To break the peace; to commit open violence. ex. gr. abbr. EXEMPLI GRATIA. ex gratia (eks gray-shee-d or grah-tee-d). [Latin "by favor"] (18c) As a favor; not legally necessary. -Also termed a gratia. ex gratia payment. (1916) A payment not legally required; esp., an insurance payment not required to be made under an insurance policy. [Cases: Insurance C=3615(1).] ex gravi querela (eks gray-vI kwa-ree-la). [Latin "from or on the grievous complaint"] Hist. A writ that lay for a person to whom any lands or tenements in fee were devised by will (within any city, town, or borough in which lands were devisable by custom), against an heir ofthe devisor who entered and detained them from the devisee. The writ was abolished by the Real Property Limitation Act (1833). St. 3 & 4 Will. 4, ch. 27, 36. exhausted ballot. See exhausted vote under VOTE (1). exhausted combination. See old combination under COMBINATION. exhausted-combination rejection. See old-combination rejection under REJECTION. exhausted vote. See VOTE (1). exhaustion of remedies. (1876) The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available. The doctrine's purpose is to maintain comity between the courts and administrative agencies and to ensure that courts will not be burdened by cases in which judicial relief is unnecessary. -Also termed exhaustion ofadminis trative remedies. [Cases: Administrative Law and Pro cedure C=229.] "The traditional rule can ... be fairly simply stated. A litigant must normally exhaust state 'legislative' or 'admin istrative' remedies before challenging the state action in federal court. He or she need not normally exhaust state 'judicial' remedies. The rationale for this distinction is that until the administrative process is complete, it cannot be certain that the party will need judicial relief, but when the case becomes appropriate for judicial determination, he or she may choose whether to resort to a state or federal court for that relief. The word 'normally' is required in both branches of the rule." Charles Alan Wright, The Law of Federal Courts 49, at 313 (5th ed. 1994). vicarious exhaustion of remedies. The rule that if one member of a class satisfies a requirement to exhaust administrative remedies, that is enough for all others similarly situated to be considered as having exhausted the remedies. -Often shortened 655 to vicarious exhaustion. [Cases: Administrative Law exhaustiou-of-rights doctriue. Int'llaw. The principle that once the owner of an intellectual-property right has placed a product covered by that right into the marketplace, the right to control how the product is resold within that internal market is lost . Within a common market, such as the European Union, the doctrine also applies to the import and export of the goods between member nations. Cf. PATENT-EXHAUS TION DOCTRINE. exhaustion ofstate remedies. (1944) The doctrine that an available state remedy must be exhausted in certain types of cases before a party can gain access to a federal court. For example, a state prisoner must exhaust all state remedies before a federal court will hear a petition for habeas corpus. [Cases: Habeas Corpus (;':::2319-352.J exhibere (ek-5;)-beer-ee), vb. [Latin) 1. To present (a tangible thing) 50 that it may be handled. 2. To appear personally to defend against an action at law. exhibit, n. (17c) 1. A document, record, or other tangible object formally introduced as evidence in court. [Cases: Criminal Law C-=>404.5; Evidence (;:.'188.] 2. A document attached to and made part ofa pleading, motion, contract, or other instrument. exhibit, vb. Archaic. To bring a lawsuit by filing (a bill). exhibitio billae (ek-s;)-bish-ee-oh bil-ee). [Latin] Hist. The commencement of a suit by presenting or exhibit ing a bill to the court. exhibition. Scots law. An action to compel the produc tion or delivery ofdocuments. exhibitionism, n. (1893) The indecent display of one's body. -exhibitionist, adj. & 11. exhibition value. In the motion-picture industry, the minimum receipts that distributors expect to realize from showing a particular film. -Also termed minimum sale; price expecta11cy. exhibit list. (1929) 1. A pretrial filing that identifies by number and description the exhibits a party intends to offer into evidence at trial. Courts often require the exchange of exhibit lists before trial so that evidentiary disputes can be resolved with minimal disruption in the course of a jury trial. lCases: Federal Civil Procedure 1941; Pretrial Procedure (;':::2744,752.] 2. A document prepared during a trial by the clerk or a court room deputy to identify by number and description the exhibits that the parties have entered into evidence. exhibitory interdict. See INTERDICT (1). exhumation (eks-hyoo-may-sh;)n or eg-zyoo-), 11. (18c) The removal from the earth ofsomething buried, esp. a human corpse; disinterment. [Cases: Dead Bodies ex hypothesi (eks hI-poth-;)-sI). [Latin] Hypotheti cally; by hypothesis; on the assumption <conviction for a felony is ex hypothesi impossible in the case of suicide>. ex ingenio exidos (e-hee-thohs), 11. See EfIDOS. exigency (ek-s;)-j;)n-see), 11. (16c) A state of urgency; a situation requiring immediate action. Also termed exige11ce. exigendary (ek-s;)-jen-d<l-ree), n. See EXIGENTER. exigent, adj. (17c) Requiring immediate action or aid; urgent <exigent circumstances>. exigent (ek-s;)-j;)nt), n. Hist. A judicial writ employed in the process of outlawry, commanding the sheriff to demand the defendant's appearance, from county court to county court, until he was outlawed or, if the defendant appeared, to take him before the court to answer the plaintiff's action. See EXIGI FACIAS. exigent circumstances. See CIRCUMSTANCE. exigenter (ek-s;)-jen-t;)r), rl. (16c) Hist. An officer of the court of common pleas responsible for preparing exigents and proclamations in the process of outlawry. This office was abolished in 1837 by the Superior Courts (Officers) Act, St. 7 Will. 4, and 1 Vict., ch. 30. -Also termed exige11dary. exigent list. A list of cases set down for hearing upon various incidental and ancillary motions and rules. exigent search. See SEARCH. exigible (ek-s;)-j;)-b;)l), adj. (17c) Requirable; demandable (as a debt). Cf. PRESTABLE. exigible debt. See DEBT. exigifadas (ek-sCl-jI fay-shee-Cls). [LatinlThat you cause to be demanded . These were the emphatic words of the Latin form of the writ of exigent; the phrase was sometimes used as the name of the writ. See EXIGENT. exile, n. (14c) 1. Expulsion from a country, esp. from the country ofone's origin or longtime residence; banish ment. forced exile. Compelled removal or banishment from one's native country. 2. A person who has been banished. 3. A prolonged vol untary absence from one's home country. exile, vb. exilium (eg-zil-ee-;)m), 11. [Latin "exile"] Hist. 1. the act ofdriving away or despoiling. 2. A type of waste consisting in the driving away of an estate's bondser vants and tenants by demolishing their homes or by enfranchiSing the bondservants and then turning them out of their homes. Ex-1m Bank. See EXPORT-IMPORT BANK OF THE UNITED STATES. ex incommodo (eks in-kom-;)-doh). [Latin) Hist. On account ofinconvenience . An argument based solely on inconvenience was usu. rejected. ex incontinenti (eks in-kon-td-nen-tr). [Latin] Hist. Without delay; in a summary manner. ex industria (eks in-das-tree-;). [Latin] With contriv ance or deliberation; designedly; on purpose. ex ingenio (eks in-jeu-ee-oh). [Latin] Hist. According to the judgment ofanyone. 656 ex instrumentis de novo repertis ex instrumentis de novo repertis (eks in-stra-men-tis dee noh-voh rep-ar-tis). [Law Latin) Hist. On account of documents newly or recently found . The phrase appeared in reference to a basis for altering a decree. See INSTRUMENTA NOVITER REPERTA. ex integro (eks in-t::l-groh). [Latin] Anew; afresh. ex intervallo (eks in-t::lr-val-oh). [Latin] Hist. At some interval. existent corner. See CORNER. existimatio (eg-zis-t::l-may-shee-oh), n. [Latin] Roman law. 1. The civil reputation belonging to a Roman citizen of unimpeached dignity or character; the highest standing of a Roman citizen. 2. The decision or award of an arbiter. PI. existimationes (eg-zis-t::l may-shee-oh-neez). exit, n. (16c) 1. A way out. See EGRESS. 2. In a docket entry, an issuance of something (as a writ or process). For example, exit attachment denotes that a writ of attachment has been issued in the case. exit, vb. exitus (ek-si-t::ls), n. [Latin] Hist. 1. Children;

case. exit, vb. exitus (ek-si-t::ls), n. [Latin] Hist. 1. Children; offspring. 2. The rents, issues, and profits oflands and tenements. 3. An export duty. 4. The conclusion ofa pleading. ex jure (eks juur-ee). [Latin] Of or by legal right. ex jure naturae (eks joor-ee n::l-t[y]oor-ee). [Latin] Hist. According to the law of nature. ex jure representation is (eks joor-ee rep-ri-zen-tay-shee oh-nis). [Law Latin] Hist. According to the law of rep resentation. exjusta causa (eks j3s-ta kaw-z::l). [Latin] From a just or lawful cause; by a just or legal title. exjustitia (eks j ..s-tish-ee-::l). [Latin] From justice; as a matter ofjustice. exlegalitas (eks-Ia-gay-la-tas), n. [Law Latin] Hist. 1. Outlawry; outside the law's protection. 2. A person who is prosecuted as an outlaw. ex legal municipal bond. See BOND (3). exlegare (eks-Ia-gair-ee), vb. [Law Latin] Hist. To outlaw; to deprive of the benefit and protection ofthe law. ex lege (eks lee-jee or lay-gay). [Latin] By virtue oflaw; as a matter oflaw <property forfeited ex lege>. "Antecedent rights 'in personam' ... either arise or do not arise out of a contract .... In the latter case, since they arise from facts of various kinds to which it pleases the Law to affix similar results, we shall describe them as rights ex lege'; and it will be convenient to consider the rights which arise thus variously before treating of those which arise solely from contract .... The rights which we describe as arising 'ex lege' were described by the Roman lawyers as arising 'quasi ex contractu,' and more simply, 'ex variis causarum figuris.'" Thomas E. Holland, The Elements of Jurisprudence 246-47 (l3th ed. 1924). ex legibus (eks lee-ja-bas). [Latin "according to the laws"] Hist. To be interpreted according to both the letter and the spirit ofthe law. exlex (cks-Ieks), n. [Law Latin] Hist. An outlaw; one who is outside the law's protection. ex licentia regis (eks h-sen-shee-a ree-jis). [Latin] By the king's license. ex locato (eks loh-kay-toh). [Latin) Roman law. From lease; out ofletting. This term referred to an action or right of action arising out of a contract of hiring, bailment for reward, or employment. See actio loeati under ACTIO. ex maleficio (eks mal-::l-fish-ee-oh), adv. [Latin] By mal feasance. ex maleficio, adj. [Latin] Tortious. ex malitia (eks ma-lish-ee-a). [Latin] Hist. From malice; maliciously . In the law ofdefamation, the term refers to a publication that is false and without legal excuse. ex malo regimine (eks mal-Ioh ri-jim-a-nee). [Latin] Hist. From bad treatment. ex mandato (eks man-day-toh). [Latin] Hist. According to the mandate; arising from a mandate . ex mere motu (eks meer-oh moh-tyoo). [Latin "on his mere motion"] Hist. Voluntarily; without suggestion or influence from another person. The phrase was formerly sometimes used in reference to a court, as an equivalent ofsua sponte or on its own motion. See SUA SPONTE. ex metu carceris (eks mee-t[y]00 kahr-sar-is). [Latin] Hist. From fear of imprisonment. ex mora (eks mor-a). [Latin] Civil law. From or in conse quence ofdelay. Interest is allowed ex mora -that is, if there has been delay in repaying borrowed money. ex mora debitoris (eks mor-a deb-i-tor-is). [Latin] Hist. On account of the debtor's delay . The phrase appeared in reference to a basis for charging interest on a debt. ex more (eks mor-ee). [Latin] According to custom. ex mutuo (eks myoo-choo-oh). [Latin] From or out of loan. In old English law, a debt was said to arise ex mutuo when one lent another anything that consisted in number, weight, or measure. ex natura (eks na-t[y]oor-a). [Latin] Hist. Naturally; according to nature. ex naturafeudi (eks na-t[y]oor-<'l fyoo-dl). [Law Latin] Hist. According to the nature of the feudal right. ex naturali jure (eks nach-..-ray-h joor-ee), adv. [Latin] By or according to natural law <ex naturali jure some time may be needed after a declaration of war before the war begins>. See NATURAL LAW. ex natura rei (eks na-t[y]oor-::l ree-I). [Latin] Hist. According to the nature ofthe thing (or transaction). ex necessitate (eks na-ses-i-tay-tee). [Latin] Ofor from necessity. ex necessitate legis (eks n::l-ses-i-tay-tee lee-jis). From or by necessity oflaw. ex necessitate rei (eks na-ses-i-tay-tee ree-I). From the necessity or urgency of the thing or case. ex nihilo (eks m-hi-loh). [Latin] From nothing. ex nobili officio (eks nob-i-h a-fish-ee-oh). [Latin "by virtue ofits noble office"] Scots law. (Of a judicial act) done as a matter ofequity. See NOBILl OFFICIO. ex officio (eks d-fish-ee-oh), adv. & adj. [Latin] (16c) By virtue or because ofan office; bv virtue of the author ity implied by office. -The ter~ is often misused as a synonym for "nonvoting." Some meetings mistak enly label their regularly invited guests as "ex officio members" when in fact they are not members at all; others mistakenly refer to the nonvoting members as "ex officio members" even though some nonvoting members are present only in an individual capacity and not by virtue ofoffice, or even though some voting members also serve ex officio. But an ex officio member is a voting member unless the applicable governing document provides otherwise. "Frequently boards include ex-officio members -that is, persons who are members of the board by virtue of an office or committee chairmanship held in the society, or in the parent state or national society or federation or some allied group; or -sometimes in boards outside of organized societies -by virtue of a public office. In the executive board of a society, if the ex-officio member of the board is under the authority of the society (that is, if he is a member, officer, or employee of the society), there is no distinction between him and the other board members. If the ex-officio member is not under the authority of the society, he has all the privileges of board membership, including the right to make motions and to vote, but none ofthe obligations -just as in a case, for example, where the governor of a state is ex officio a trustee of a private academy." Henry M. Robert, Robert's Rules ofOrder Newly Revised 49, at 466 (lOth ed. 2000). ex officio information. English law. Acriminal informa tion filed by the attorney general ex officio on behalf of the Crown, in the Court of King's Bench, for offenses more immediately affecting the government, as distin guished from informations in which the Crown is the nominal prosecutor. ex officio justice. (1855) A judge who serves on a com mission or board only because the law requires the presence of a judge rather than because the judge was selected for the position. ex officio member. See member ex ojficio under MEMBER. ex officio service (eks a-fish-ee-oh). (1845) A service that the law imposes on an official by virtue of the office held, such as that of a local justice of the peace to perform marriage ceremonies. [Cases: Officers and Public Employees Cc;;) llO.] exogamous insemination. See artificial insemination by donor under ARTIFICIAL INSEMINATION. exoine (e-soyn), n. [French "excuse"] French law. An act or instrument in writing containing the reasons why a party in a civil suit, or a person accused, has not appeared after being summoned. See ESSOIN. exonerate (eg-zon-<l-rayt), vb. (l6c) 1. To free from responsibility <exonerate from the payment of the debt>. Cf. EXCULPATE. 2. To free from encumbrances <exonerate the property from the mortgage lien>. exonerative (eg-zon-ar-ay-tiv or adj. exoneration (eg-zon-a-ray-shan). (16c) 1. The removal of a burden, charge, responsibility, or duty. 2. The right to be reimbursed by reason ofhaving paid money that another person should have paid. 3. The equitable right ofa surety -confirmed by statute in many states -to proceed to compel the principal debtor to satisfy the obligation, as when, even though the surety would have a right of reimbursement, it would be inequitable for the surety to be compelled to perform if the principal debtor can satisfy the obligation. -When a testator leaves a gift of property encumbered by a mortgage or lien, the doctrine of exoneration operates to satisfy the encumbrance from the general assets ofthe estate. Many states have abandoned the common-law rule in favor of exoneration. See EQUITY OF EXONERATION; QGIA TIMET. [Cases: Principal and Surety <2=' 179; Wills C:~'736, 821.] exoneration, snit for. See SUIT FOR EXONERATION. exoneratione sectae (eg-zon-d-ray-shee-oh-nee sek-tee). [Latin]lIist. A writ that lay for the Crown's ward, to be free from all suit during wardship. exoneratione sectae ad curiam baron (eg-zon-d-ray shee-oh-nee sek-tee ad kyoor-ee-dm bar-dn). [Latin "by exoneration ofthe suit to the lord's court"] Hist. A writ issued by the guardian of the Crown's ward, for bidding the sheriff or steward of a particular court from distraining or taking other action against the ward. exonerative fact. See FACT. exoneretur (eg-zon-a-ree-tilr). Hist. [Latin "let him be relieved or discharged"] A note, recorded on a bail piece, of a court order to release a bail obligation after the court has sentenced the defendant to prison. Cf. BAILPIECE (1). exor. abbr. EXECUTOR. ex. ord. (often cap.) abbr. EXECUTIVE ORDER. exordinm (eg-zor-dee-dm). [Latin] (l6c) An introduc tion in a discourse or writing, esp. in a will. In a will, the exordium usu. contains statements ofthe testator's name and capacity to make the will. -Also termed exordium clause; introductory clause. exparitate raHonis (eks par-d-tay-tee ray-shee-oh-nis or rash-ee-). [Law Latin] Hist. By a parity of reasoning. ex parte (eks pahr-tee), adv. [Latin "from the part"] (ISc) On or from one party only, usu. without notice to or argument from the adverse party <the judge conducted the hearing ex parte>. ex parte, adj. (17c) Done or made at the instance and for the benefit of one party only, and without notice to, or argument by, any person adversely interested; of or relating to court action taken by one party without notice to the other, usu_ for temporary or emergency relief <an ex parte hearing> <an ex parte injunction>. Despite the traditional one-sidedness of ex parte matters, some courts now require notice to the oppo sition before what they call an "ex parte hearing." Sometimes spelled exparte. -ex parte, adv. 658 ex parte application ex parte application. See ex parte motion under MOTION (1). ex parte communication. See COMMUNICATION. ex parte divorce. See DIVORCE. ex parte hearing. See ex parte proceeding under PRO CEEDING. ex parte injunction. See INJUNCTION. ex parte materna (eks pahr-tee md-f:u-nd). [Latin] On the mother's side; of the maternal line. ex parte motion. See MOTION (1). ex parte order. See ORDER (2). ex parte paterna (eks pahr-tee p,H3r-n<'l). [Latin] On the father's side; of the paternal line. ex parte proceeding. See PROCEEDING. Ex Parte Quayle action. See QUAYLE ACTION. ex parte reexamination. See REEXAMINATION. expatriate (ek-spay-tree-it), n. (18c) An expatriated person; esp., a person who lives permanently in a foreign country. expatriate (ek-spay-tree-ayt), vb. (1812) 1. To withdraw (oneself) from residence in or allegiance to one's native country; to leave one's home country to live elsewhere. [Cases: Aliens, Immigration, and Citizenship (::=680.J 2. To banish or exile (a person). expatriation, n. expectancy, n. (1811) 1. Property. An estate with a rever sion, a remainder, or an executory

expectancy, n. (1811) 1. Property. An estate with a rever sion, a remainder, or an executory interest. [Cases: Estates in Property C==' 1; Remainders Reversions 1.J 2. Wills & estates. Ihe possibility that an heir apparent, an heir presumptive, or a presumptive next of kin will acquire property by devolution on intestacy, or the possibility that a presumptive beneficiary will acquire property by will. [Cases: Descent and Distri bution <8=::>68; Wills C::;>7.] 3. Insurance. The probable number ofyears in one's life. See LIFE EXPECTANCY. expectancy damages. See expectation damages under DAMAGES. expectancy table. See ACTUARIAL TABLE. expectant, adj. (14c) Having a relation to, or being dependent on, a contingency; CONTINGENT. expectant beneficiary. See expectant distributee under DISTRIBUTEE. expectant distributee. See DISTRIBUTEE. expectant estate. See FUTURE INTEREST. expectant heir. See HEIR. expectant right. See RIGHT. expectation, n. (16c) l.lhe act oflooking forward; antic ipation. 2. A basis on which something is expected to happen; esp., the prospect ofreceiving wealth, honors, or the like. "[E]xpectation does not in itself amount to intention. An operating surgeon may know very well that his patient will probably die of the operation; yet he does not intend the fatal consequence which he expects. He intends the recovery which he hopes for but does not expect." John Salmond, Jurisprudence 379-80 (Glanville L Williams ed., 10th ed. 1947). expectation damages. See DAMAGES. expectation interest. See INTEREST (2). expectation ofHfe. See LIFE EXPECTANCY. expectation ofprivacy. (1965) A belief in the existence of the right to be free ofgovernmental intrusion in regard to a particular place or thing . To suppress a search on privacy grounds, a defendant must show the existence of the expectation and that the expectation was reason able. [Cases: Searches and Seizures e:-~26.] expected/intended exclusion. See EXCLUSION (J). expediente (ek-sped-ee-en-tee), n. [Spanish] Spanish law. 1. The papers or documents constituting a grant or title to land from the government; esp., a historical record of proceedings relating to a grant of land by the sov ereign. 2. A legal or administrative case file; esp., the official record ofall filings and orders in a lawsuit. 3. A maneuver intended to achieve a particular result. expediment (ek-sped-a-m;mt), n. (1848) The whole of one's goods and chattels. expedited proceeding. See SHOW-CAUSE PROCEEDING. expeditio brevis (ek-sp<'l-dish-ee-oh bree-v<'ls). [Latin] Archaic. The service ofa writ. expel, vb. (I5c) To drive out or away; to eject, esp. with force. See EJECT; EVICT. expenditor (ek-spen-da-tdr). (15c) One who expends or disburses certain taxes; a paymaster. expenditure. (I8c) 1. The act or process of paying out; disbursement. 2. A sum paid out. expensae litis (ek-spen-see II-tis). [Latin] Costs or expenses ofa lawsuit, for which a successful party is sometimes reimbursed. expense, n. (14c) An expenditure of money, time, labor, or resources to accomplish a result; esp., a business expenditure chargeable against revenue for a specific period. Cf. COST (1). -expense, vb. accrued expense. (1880) An expense incurred but not yet paid. administrative expense. See general administrative expense. business expense. (1858) An expense incurred to operate and promote a business; esp., an expendi ture made to further the business in the taxable year in which the expense is incurred . Most business expenses -unlike personal expenses are tax deductible. [Cases: Internal Revenue 3377.] capital expense. (I913) An expense made by a business to provide a long-term benefit; a capital expenditure. A capital expense is not deductible, but it can be used for depreciation or amortization. [Cases: Internal Revenue C='3319.] capitalized expense. An amortized expense. current expense. See operating expense. 659 experimental-use defense deferred expense. (1925) A cost incurred by a business when the business expects to benefit from that cost over a period beyond the current year . An example is a prepaid subscription to a business periodical the cost of which will be recognized as an expense over a multiyear subscription period. [Cases: Internal Revenue (;:::::>3372.] educational expense. (1882) A deductible expense incurred either to maintain or improve an existing job skill or to meet a legally imposed job requirement. [Cases: Internal Revenue (;:='3357.] entertainment expense. An expense incurred while providing entertainment relating directly to or asso ciated with a business purpose. Entertainment expenses are partially tax-deductible. [Cases: Internal Revenue C=:>3338.] extraordinary expense. (l6c) An unusual or infre quent expense, such as a write-off of goodwill or a large judgment. As used in a constitutional pro vision authoriZing a state to incur extraordinary expenses, the term denotes an expense for the general welfare compelled by an unforeseen condition such as a natural disaster or war. Also termed extraor dinary item. fixed expense. Seefixed cost under COST. funeral expense. (usu. pi.) (I8c) An expense necessarily and reasonably incurred in procuring the burial, cre mation, or other disposition of a corpse, including the funeral or other ceremonial rite, a casket and vault, a monument or tombstone, a burial plot and its care, and a visitation (or wake). [Cases: Cemeteries 18; Dead Bodies C=2.] general administrative expense. (usu. pl.) (1907) An expense incurred in running a business, as distin gUished from an expense incurred in manufacturing or selling; overhead . Examples include executive and clerical salaries, rent, utilities, and legal and accounting services. -Also termed administrative expense; general expense. -Abbr. G & A. medical expense. (1853) 1. An expense for medical treatment or healthcare, such as drug costs and health-insurance premiums . Medical expenses are tax-deductible to the extent that the amounts (less insurance reimbursements) exceed a certain per centage of adjusted gross income. [Cases: Internal Revenue C='3366.] 2. (usu. pi.) In dvillitigation, any one of many possible medical costs that the plaintiff has sustained or reasonably expects to incur because of the defendant's allegedly wrongful act, including charges for visits to physicians' offices, medical pro cedures, hospital bills, medicine, and recuperative therapy needed in the past and in the future. -Often shortened (in pI.) to medicals. moving expense. (1903) An expense incurred in changing one's residence . Ifincurred for business reasons (as when one's job requires relocation), most moving expenses are tax-deductible. [Cases: Internal Revenue (;::::: 3367.] operating expense. (1861) An expense incurred in running a business and producing output. -Also termed current expense. ordinary and necessary expense. (1826) An expense that is normal or usual and helpful or appropriate for the operation of a particular trade or business and that is paid or incurred during the taxable year . Ordinary and necessary expenses are tax-deduct ible. -Also termed ordinary and necessary business expense. [Cases: Internal RevenueC=3318.) organizational expense. (1941) An expense incurred while setting up a corporation or other entity. out-of-pocket expense. (1905) An expense paid from one's own funds. prepaid expense. (1919) An expense (such as rent, interest, or insurance) that is paid before the due date or before a service is rendered. travel expense. (1905) An expense (such as for meals, lodging, and transportation) incurred while away from home in the pursuit of a trade or business. See TAX HOME. [Cases: Internal Revenue C=3339.] expense loading. See LOADING. expense ratio. Accounting. The proportion or ratio of expenses to income. expenses ofadministration. (18c) Expenses incurred by a decedent's representatives in administering the estate. [Cases: Executors and Administrators C-~108.] expenses of receivership. (I8c) Expenses incurred by a receiver in conducting the business, including rent and fees incurred by the receiver's counsel and by any master, appraiser, and auditor. [Cases: Receivers (;::; 154.] expense stop. (1990) A lease provision establishing the maximum expenses to be paid by the landlord, beyond which the tenant must bear all remaining expenses. expensilatio (ek-spen-sr-lay-shee-oh), n. [Latin] Roman law. An entry to the debit of one party in the account book ofanother party, esp. as part of a literal contract. See literal contract (1) under CONTRACT. PI. expensila tiones (ek-spen-sI-Iay-sheeoh-neez). expensis militum non levandis (ek-spen-sis mi-lit-<lm non l<l-van-dis). [Latin] Hist. A writ to prohibit the sheriff from levying any allowance for knights of the shire on persons who held lands in ancient demesne. See ancient demesne under DEMESNE. experience rating. Insurance. A method of determining the amount of the premium by analyzing the insured's loss record over time to assess (1) the risk that covered events will occur, and (2) the amount of probable damages if they do. [Cases: Insurance C=1542(2).) experimental use. See USE (1). experimental-use defense. Patents. A defense to a claim of patent infringement raised when the construction and use of the patented invention was for scientific purposes only . While still recognized, this defense is narrowly construed and today may apply only to 660 experimental-use exception research that tests the inventor's claims. 35 USCA 271(e)(l). [Cases: Patents C:::::>260.] experimental-use exception. Patents. An exception to the public-use statutory bar, whereby an inventor is allowed to make public use ofan invention for more than one year when that use is necessary to test and improve the invention. [Cases: Patents (;::::>75.] expert, n. (l6c) A person who, through education or experience, has developed skill or knowledge in a par ticular subject, so that he or she may form an opinion that will assist the fact-finder. Fed. R. Evid. 702. See DAUBERT TEST. [Cases: Criminal Law (;:::::0478-480; Evidence C-~534.5-546.] expertise (ek-spar-teez), n. consulting expert. (1897) An expert who, though retained by a party, is not expected to be called as a witness at trial. _ A consulting expert's opinions are generally exempt from the scope of discovery. Fed. R. Civ. P. 26(b)(4)(B). Also termed nontestifying expert. [Cases: Federal Civil Procedure 1266; Pretrial Procedure impartial expert. (1870) An expert who is appointed by the court to present an unbiased opinion. -Also termed court-appointed expert. Fed. R. Evid. 706. [Cases: Federal Civil Procedure (;:::::0 1951; Trial 18.] testifying expert. (1952) An expert who is identified by a party as a potential witness at trial. -As a part ofinitial disclosures in federal court, a party must provide to all other parties a wide range ofinforma tion about a testifying expert's qualifications and opinion, including all information that the witness considered in forming the opinion. Fed. R. Civ. P. 26(a)(2)(b). [Cases: Federal Civil Procedure Pretrial Procedure expert evidence. See EVIDENCE. expert opinion. See OPINION (3). expert-reliance materials. Facts, documents, and other sources that provide data or information to an expert witness. _ Often shortened to reliance materials. [Cases: Criminal Law C-'-J486; Evidence C:::-:>155.] expert testimony. See expert evidence under EVIDENCE. expert witness. See WITNESS. expert-witness fee. See FEE (1). ex pietate (eks pI-a-tay-tee). [Latin] Hist. From natural affection and duty. expilare (eks-pa-Iair-ee), vb. [Latin] Roman law. In the law of inheritance, to spoil; to rob; to plunder. See CRIMEN EXPILATAE HEREDITATIS. expilatio (eks-pd-Iay-shee-oh), n. [Latin] Roman law.

EDITATIS. expilatio (eks-pd-Iay-shee-oh), n. [Latin] Roman law. The offense ofunlawfully appropriating goods belong ing to a succession . This offense was not technically theft (furtum) because the property belonged to neither the decedent nor an heir, since the latter had not yet taken possession. PI. expilationes (eks-pd-lay-shee-oh neez). -Also termed expilation. expilator (eks-pa-Iay-tar), n. [Latin] Roman law. A robber; a spoiler or plunderer. See EXPILATlO. expiration, n. A coming to an end; esp., a formal termi nation on a closing date <expiration ofthe insurance policy>. -expire, vb. expiration date. (1803) The date on which an offer, option, or the like ceases to exist. -Also termed expiry date. expiry date. See EXPIRATION DATE. expiry of the legal. Scots law. The end of the period during which a debtor can redeem land awarded to a creditor by paying off the debt. explanatory-phrase rule. Trademarks. The principle that a senior user ofa family-name trademark is entitled to a judicial remedy for unfair competition if the same family name appears on competing goods or services, the remedy being that the junior user must include on signs, labels, and advertisements an explanation that the company is not affiliated with the senior user's company. _ The rule resolves two conflicting princi ples: (1) everyone has the right to use a family name in business, and (2) no one may use a family name in a way that unfairly hurts someone else's business. [Cases: Trademarks (;:::, 1526.] explecia (ek-splee-shee-<l). [Law Latin] See EXPLETA. explees (ek-spleez). See ESPLEES. expleta (ek-splee-t<l), n. pl. [Law Latin] Hist. The rents and profits ofan estate. Also termed expletia; explecia.. explicatio (eks-pld-kay-shee-oh), n. [Law Latin] Civil law. The fourth pleading in an action, conSisting of the plaintiff's response to the defendant's rejOinder. _ This is the civil-law equivalent ofthe common-law surrejoinder. exploding adjustable-rate mortgage. See MORTGAGE. exploitation, n. (19c) The act of taking advantage of something; esp., the act of taking unjust advantage of another for one's own benefit. See SEXUAL EXPLOITA TION. -exploit, vb. exploitative, adj. exploration manager. See LA~D MANAGER. export, n. (17e) 1. A product or service created in one country and transported to another. domestic export. A product originally grown or manu factured in the United States, as distinguished from a product originally imported into the United States and then exported. 2. The process of transporting products or services to another country. Cf. IMPORT (1), (2). export, vb. (I5c) 1. To send or carry abroad. 2. To send, take, or carry (a good or commodity) out of the country; to transport (merchandise) from one country to another in the course of trade. 3. To carry out or convey (goods) by sea. exportation. (l7c) The act ofsending or carrying goods and merchandise from one country to another. Export Clause. See IMPORT-EXPORT CI.AUSE. 661 expressio unius est exclusio alterius export declaration. (1920) A document required by federal law -containing details of an export shipment. export draft. See DRAFT. Export-Import Bank ofthe United States. A federally chartered bank that finances the export of goods and services by direct lending or by issuing guarantees and insurance so that private banks can extend credit. The bank was organized by Executive Order 6581 of2 Feb. 1934. Itbecame independent in 1945. 12 USCA 635 et seq. Often shortened to Ex-1m Bank. export letter ofcredit. See LETTER OF CREDIT. export quota. See QUOTA. export tax. See TAX. expose (ek-spoh-zay), n. [French] (1803) 1. A statement or account; an explanation. -In diplomatic language, the term describes a written explanation ofthe reasons for a certain act or course ofconduct. 2. Exposure of discreditable matter. expositio (eks-pa-zish-ee-oh), n. [Latin] An explanation or interpretation; an exposition. exposition de part (eks-poh-zee-syawn da pahr). [French] French law. The abandonment, in either a public or a private place, ofa child that is unable to take care ofitself. expository jurisprudence. See JURISPRUDENCE. expository statute. See declaratory statute under STAT UTE. ex post, adj. [Latin "from after"] (1937) Based on knowl edge and fact; viewed after the fact, in hindsight; objec tive; retrospective. Cf. EX ANTE. expost facto (eks pohst fak-toh), adj. (18c) Done or made after the fact; having retroactive force or effect. expost facto, adv. [Latin"from a thing done afterward"] (l7c) After the fact; retroactively. Ex Post Facto Clause. (1848) One oftwo clauses in the U.S. Constitution forbidding the enactment ofex post facto laws. U.S. Const. art. I, 9, cl. 3; art. I, 10, cl. 1. [Cases: Constitutional Law C=>2781-2845.] ex post facto law. (18c) A law that impermissibly applies retroactively, esp. in a way that negatively affects a person's rights, as by criminalizing an action that was legal when it was committed. -Ex post facto criminal laws are prohibited by the U.S. Constitution. But ret rospective civil laws may be allowed. See RETROACTIVE LAW. [Cases: Constitutional Law C=='2781-2845.] exposure. (17c) The amount ofliability or other risk to which a person is subject <the client wanted to know its exposure before it made a settlement offer>. dangerous exposure. Maritime law. Exposure that is reasonably foreseeable in the ordinary chances, mistakes, or hazards ofnavigation. exposure ofperson. See INDECENT EXPOSURE. exposure theory. Insurance. A theory of coverage pro viding that an insurer must cover a loss ifthe insurance was in effect when the claimant was exposed to the product that caused the injury. Cf. MANIFESTATION THEORY; ACTUAL-INTURY TRIGGER; TRIPLE TRIGGER. [Cases: Insurance C-';)2265.] express, adj. (14c) Clearly and unmistakably communi cated; directly stated. Cf. IMPLIED. -expressly, adv. express abandonment. See ABANDONMENT (10). express abrogation. (1857) The repeal ofa law or provi sion by a later one that refers directly to it; abrogation by express provision or enactment. express acceptance. See ACCEPTANCE (4). express active trust. See active trust under TRUST. express actual knowledge. See actual knowledge (1) under KNOWLEDGE. express agency. See AGENCY (1). express aider. See AIDER BY SUBSEQUENT PLEADING. express amnesty. See AMNESTY. express assent. See ASSENT. express assumpsit. See special assumpsit under ASSUMP SIT. express authority. See AUTHORITY (1). express color. See COLOR. express condition. See CONDITION (2). express consent. See CONSENT (1). express consideration. See CONSIDERATION (1). express contract. See CONTRACT. express covenant. See COVENANT (1). express dedication. See DEDICATION. express dissatisfaction. Wills & estates. A beneficiary's contesting ofa will or objecting to anyprovision ofthe will in a probate proceeding. expressed, adj. (16c) Declared in direct terms; stated in words; not left to inference or implication. expressio falsi (ek-spres[h]-ee-oh fal-sl or fawl-sI). [Latin] Rist. A false statement. -Such a statement might result in rescission ofa contract. Cf. ALLEGATIO FALSI. expression, freedom of. See FREEDOM OF EXPRESSION. expressio unius est exclusio alterius (ek-spres[h]-ee oh YOO-nI-;:lS est ek-skloo-zhee-oh al-ta-rI-;:ls). [Law Latin] A canon ofconstruction holding that to express or include one thing implies the exclusion ofthe other, or ofthe alternative. _ For example, the rule that "each citiZen is entitled to vote" implies that noncitizens are not entitled to vote. -Also termed indusio unius est exdusio alterius; expressum fa cit cessare tacitum. Cf. EJUSDEM GENERIS; NOSCITUR ASOCIIS; RULE OF RANK. [Cases: Contracts C=>152; Statutes ~195.] "Several Latin maxims masquerade as rules of interpre tation while doing nothing more than describing results reached by other means. The best example is probably expressio unius est exc/usio alter-ius, which is a rather elaborate, mysterious sounding, and anachronistic way of describing the negative implication. Far from being a 662 expressive association, freedom of rule, it is not even lexicographically accurate, because it is simply not true, generally, that the mere express conferral of a right or privilege in one kind of situation implies the denial of the equivalent right or privilege in other kinds. Sometimes it does and sometimes it does not, and whether it does or does not depends on the particular circumstances of context. Without contextual support, therefore, there is not even a mild presumption here. Accordingly, the maxim is at best a description, after the fact, of what the court has discovered from context." Reed Dickerson, The Interpreta tion and Application ofStatutes 234-35 (1975). "The canon expressio unius est exc/usio alterius is ... based on the assumption of legislative omniscience, because it would make sense only if all omissions in legislative drafting were deliberate. Although this canon seemed dead for a while, it has been resurrected by the Supreme Court to provide a basis for refusing to create private remedies for certain statutory violations. Its recent disparagement by a unanimous Court [in Herman & MacLean v. Huddleston, 459 U.s. 375, 386 n.23, 103 S.O. 683, 690 n. 23 (1983)) puts its future in some doubt but more likely confirms that judicial use of canons of construction is opportunistic." Richard A. Posner, The Federal Courts: Crisis and Reform 282 (] 985). expressive association, freedom of. See FREEDOM OF ASSOCIATION. expressive crime. See CRIME. express malice. See MALICE. express notice. See NOTICE. express obligation. See conventional obligation under OBLIGATION. express permission. See PERMISSION. express power. See enumerated power under POWER (3). express private passive trust. See TRUST. express repeal. See REPEAL. express republication. (I8c) A testator's repeating of the acts essential to a will's valid execution, with the avowed intent ofrepublishing the will. See REPUBLICA TION (2). [Cases: Wills C=>197,199.] express trust. See TRUST. expressum facit cessare tacitum. See EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS. express waiver. See WAIVER (1). express warranty. See WARRANTY (2). expromissio (eks-pr;>-mis[h]-ee-oh), n. Roman law. A type of novation by which a creditor accepts a new debtor in place ofa former one, who is then released. expromissor (eks-pr;>-mis-;>r), n. Roman law. One who assumes another's debt and becomes solely liable for it, by a stipulation with the creditor. expromittere (eks-pr<'l-mit-<'l-ree), vb. Roman law. To undertake tor another with the view ofbecoming liable in the other's place. ex proposito (eks proh-poz-;>-toh). [Latin] Hist. Inten tionally; by deSign. expropriation, n. (ISc) 1. A governmental taking or modification ofan individual's property rights, esp. by eminent domain; CONDEMNATION (2). Also termed (in England) compulsory purchase; (in Scotland) compulsory surrender. Cf. APPROPRIATION. [Cases: Eminent Domain C=>2.] 2. A voluntary surrender of rights or claims; the act of renouncing or divest ing oneself of something previously claimed as one's own. expropriate, vb. expropriator, n. ex proprio motu (eks proh-pree-oh moh-tyoo). [Latin] Ofone's own accord. ex proprio vigore (eks proh-pree-oh vi-gor-ee). [Latin) By their or its own force. ex provisione hominis (eks pr<'l-vizh-ee-oh-nee hom-;> nis). [Latin] By the provision ofman; by the limitation of the party, as distinguished from the disposition of the law. ex provisione mariti (eks pr;>-vizh-ee-oh-nee m<'l-rHI or mar

ex provisione mariti (eks pr;>-vizh-ee-oh-nee m<'l-rHI or mar-<'l-tI). [Latin] From the provision of the husband. expulsion, n. (lSc) An ejectment or banishment, either through depriving a person of a benefit or by forcibly evicting a person. -expnlsive, adj. expunction ofrecord. See EXPUNGEMENT OF RECORD. expunge (ek-spanj), vb. (17c) 1. To erase or destroy <the trustee wrongfully expunged the creditor's claim against the debtOr>. 2. Parliamentary law. To declare (a vote or other action) null and outside the record, so that it is noted in the original record as expunged, and redacted from all future copies. --Also termed rescind and expunge; rescind and expunge from the minutes; rescind and expunge from the record. expungement (ek-spanj-m;>nt), expunction (ek-spangk-sh<'ln), n. "Where it is desired not only to rescind an action but to express very strong disapproval, legislative bodies have voted to rescind the objectionable action and expunge it from the record. When a record has been expunged, the chief legislative officer should cross out the words or draw a line around them in the original minutes and write across them the words, 'Expunged by order of the senate (or house),' giving the date of the order. This statement should be signed by the chief legislative officer. The word 'expunged' must not be so blotted as not to be readable, as otherwise it would be impossible to determine whether more was expunged than ordered. When the minutes are printed or published, the expunged portion is omitted." National Conference ofState Legislatures, Mason's Manual of Legislative Procedure 444, at 296-97 (2000). expungement ofrecord. (1966) The removal ofa convic tion (esp. for a first offense) from a person's criminal record. Also termed expunction ofrecord; erasure of record. [Cases: Criminal Law C=>1226(3).] expurgation (ek-sp<'lr-gay-sh;m), n. (ISc) The act or practice of purging or cleansing, as by publishing a book without its obscene passages. expurgate (eks par-gayt), vb. expurgator (eks-par-gay-t<'lr), n. ex quasi contractu (eks kway-zI kan-trak-t[y]oo). [Latin] From quasi-contract. ex rei. abbr. [Latin ex relatione "by or on the relation of"J (1838) On the relation or information of. A suit ex rei. is typically brought by the government upon the appHcation of a private party (called a relator) who is interested in the matter. See RELATOR (1). ex re nata (eks ree nay-t;l). [Latin] According to a case that has arisen. ex rights, adv. Without rights. Shares are traded ex rights when the value ofthe subscription privilege has been deducted, giving the purchaser no right to buy shares of a new stock issue. -Abbr. X; XR. -Also termed rights off. ex-rights date. The date on which a share of common stock no longer offers privilege subscription rights. ex rigore juris (eks ri-gor-ee joor-is). [Latin] Accord ing to the rigor or strictness of the law; in strictness oflaw. exrogare (eks-rd-gair-ee), vb. [Latin] See ABROGARE. exrx. abbr. EXECUTRIX. ex scriptis olim visis (eks skrip-tis oh-bm vI-zis or -sis). [Latin "from writings formerly seen"] A method of handwriting proof available when a witness has seen other documents purporting to be in the party's hand writing and either has had further correspondence with the party about the documents' subject matter or has had some other type ofcommunication with the party that would lead to a reasonable presumption that the documents were in the party's handwriting. ex ship. Ofor referring to a shipment ofgoods for which the liability or risk ofloss passes to the buyer once the goods leave the ship. ex solemnitate (eks sd-Iem-ni-tay-tee). [LatinJ Hist. On account of its being required as a solemnity. Cf. DE SOLEMNIT ATE. ex statuto (eks st;l-tyoo-toh). [Latin] According to the statute. ex stipulatu actio (eks stip-Yd-Iay-t[y]oo ak-shee-oh). [Latin] Roman & civi/law. An action on a stipulation; an action given to recover marriage portions. ex-stock dividend. Without stock dividend . The phrase often denotes the interval between the announcement and payment ofa stock dividend. A purchaser ofshares during this interval is not entitled to the dividend, which goes to the seller. ex sua natura (eks s[y]OO-;l nd-t[y]oor-d). [Latin] Hist. In its own nature (or character). ex tempore (eks tem-pd-ree), adv. [Latin "out of time"] 1. By lapse oftime. 2. Without any preparation; extem poraneously. extend debate. Parliamentary law. To cancel or relax an otherwise applicable limit on debate. Also termed extend the limits of debate. See DEBATE. Cf. CLOSE DEBATE; LIMIT DEBATE. extended-coverage clause. Insurance. A policy provision that insures against hazards beyond those covered (or excluded) in the basic policy. [Cases: Insurance C:;) 2662.] extended debate. See DEBATE. extended family. See FAMILY. extended first mortgage. See wraparound mortgage under MORTGAGE. extended insurance. See INSURANCE. extended policy. See INSURANCE POLICY. extended-reporting-period endorsement. See TAIL COVERAGE. extended service contract. See extended warranty under WARRANTY (2). extended service warranty. See extended warranty under WARRA!>fTY (2). extended-term insurance. See LNSURANCE. extended warranty. See WARRANTY (2). extendifacias (ek-sten-dI fay-shee-ds). [Latin "you are to cause to be executed"] See EXTENT (3). extend the limits of debate. See EXTEND DEBATE. extension, n. (17c) 1. The continuation of the same contract for a specified period. Cf. RENEWAL (3). [Cases: Contracts C=>217, 242.J 2. Patents. A continuation of the life ofa patent for an additional statutorily allowed period. [Cases: Patents C=> 133.] 3. Tax. A period of additional time to file an income-tax return beyond its due date. 4. A period of additional time to take an action, make a decision, accept an offer, or complete a task. [Cases: Internal RevenueC=>4474; Taxation 3539, 3688.] extend, vb. extension agreement. (1869) An agreement provid ing additional time for the basic agreement to be per formed. [Cases; Contracts C=>242.] extensive interpretation. See INTERPRETATION. extensores (ek-sten-sor-eez), n. pl. Hist. Officers appointed to appraise and divide or apportion land; extenders or appraisers. extent. Hist. 1. A seizure of property in execution of a writ. 2. A writ issued by the Exchequer to recover a debt owed to the Crown, under which the debtor's lands, goods, or body could all be seized to secure payment. Also termed writ ofextent; extent in chief 3. A writ giving a creditor temporary possession ofthe debtor's property (esp. land). -Also termed extendi facias. extenta manerii (ek-sten-td ma-neer-ee-I). [Latin "the extent of a manor] An English statute (4 Edw., St. 1) directing the making ofa survey ofa manor and all its appendages. extent in aid. Hist. A writ that a Crown debtor could obtain against a person indebted to the Crown debtor so that the Crown debtor could satisfy the debt to the Crown. This writ, haVing been much abused because ofsome peculiar privileges that Crown debtors enjoyed, was abolished in 1947 by the Crown Proceedings Act. extent in chief. See EXTENT (2). extenuate (ek-sten-yoo-ayt), vb. (16c) To make less severe; to mitigate. extenuating circumstance. See mitigating circumstance under CIRCUMSTANCE. extenuation 664 extenuation lek-sten-yoo-ay-sh;:m), n. The act or fact of making the commission ofa crime or tort less severe. extern. See CLERK (4). external act. See ACT. externality. (usu. pI.) (1957) A consequence or side effect of one's economic activity, causing another to benefit without paying or to suffer without compensation. Also termed spillover; neighborhood effect. negative externality. (1970) An externality that is det rimental to another, such as water pollution created by a nearby factory. positive externality. (1970) An externality that benefits another, such as the advantage received by a neigh borhood when a homeowner attractively landscapes the property. external obsolescence. See economic obsolescence under OBSOLESCENCE. external sovereignty. See SOVEREIGNTY (3). exterritorial. See EXTRATERRITORIAL. exterritoriality. See EXTRATERRITORIALITY. exterus (ek-star-as), n. [Latin] A foreigner or alien; one born abroad. ex testamento (eks tes-ta-men-toh), adv. [Latin] By, from, or under a will or testament <succession ex tes tamento is the mode ofdevolution that the property of deceased persons ought primarily to follow>. Cf. AB INTESTATO. extinct, adj. (15c) 1. No longer in existence or use. 2. (Of a debt) lacking a claimant. extinctive fact. See divestitive fact under FACT. extinctive prescription. See PRESCRIPTION (4). extinguish, vb. 1. To bring to an end; to put an end to. 2. To terminate or cancel. 3. To put out or stifle. extiuguishment, n. (16c) The cessation or cancellation of some right or interest. For example, the extinguish ment of a legacy occurs when the item bequeathed no longer exists or no longer belongs to the testator's estate. extinguishment of copyhold. The destruction of copyhold by a uniting of freehold and copyhold inter ests in the same person and in the same right. In England, under the 1922 Law of Property Act, copy holds were enfranchised and became either leasehold or, more often, freehold. See COPYHOLD. extinguishment oflegacy. See ADEMPTION. extinguishment of lien. (1800) A lien's discharge by operation oflaw. [Cases: Liens C==> 16.] extirpation (ek-st;>r-pay-shan), n. (16c) 1. The act of com pletely removing or destroying something. 2. Damage to land intentionally done by a person who has lost the right to the land. extirpatione (ek-star-pay-shee-oh-nee), n. [Latin] Hist. A writ issued either before or after judgment to restrain a person from maliciously damaging any house or extirpating any trees on land that the person had lost the right to possess. extort, vb. (I5c) 1. To compel or coerce (a confession, etc.) by means that overcome one's power to resist. 2. To gain by wrongful methods; to obtain in an unlawful manner; to exact wrongfully by threat or intimida tion. extortive, adj. extortion, n. (14c) 1. The offense committed by a public official who illegally obtains property under the color of office; esp., an official's collection ofan unlawful fee. Also termed common-law extortion. [Cases: Extortion and Threats 1.] "The dividing line between bribery and extortion is shadowy. If one other than the officer corruptly takes the initiative and offers what he knows is not an authorized fee, it is bribery and not extortion. On the other hand, if the officer corruptly makes an unlawful demand which is paid by one who does not realize it is not the fee authorized for the service rendered, it is extortion and not bribery. In theory it would seem possible for an officer to extort a bribe under such circumstances that he would be guilty of either offense whereas the outraged citizen would be excused." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 538 (3d ed. 1982). 2. The act or practice ofobtaining something or com pelling some action by illegal means, as by force or coercion. Also termed statutory extortion. [Cases: Extortion and Threats C==>25.1.] -extortionate, adj. "The distinction traditionally drawn between robbery by intimidation and blackmail or extortion is that a person commits robbery when he threatens to do immediate bodily harm, whereas he commits blackmail or extortion when he threatens to do bodily harm in the future." James Lindgren, "Blackmail and Extortion," in 1 Encyclopedia of Crime and Justice 115, 115 (Sanford H. Kadish ed., 1983). extortionate credit transaction. See LOANSHARKING. extra (ek-stra), prep. [Latin] (1852) Beyond; except

See LOANSHARKING. extra (ek-stra), prep. [Latin] (1852) Beyond; except; without; out of; additional. extra allowance. In New York practice, a sum in addition to costs that may, in the court's discretion, be awarded to the successful party in an unusually difficult case. See ALLOWANCE (5). [Cases: Costs C==> 164(3).] extra commerdum (eks-tra ka-mar-shee-dm). [Latin] Outside commerce . This phrase was used in Roman and civil law to describe property dedicated to public use and not subject to private ownership. extract (ek-strakt), n. 1. A portion or segment, as of a writing. 2. Scots law. See ESTREAT. extract (ek-strakt), vb. To draw out or forth; to pull out from a fixed position. extracta curiae (ek-strak-ta kyoor-ee-ee). Hist. The issues or profits of holding a court, arising from cus tomary dues, fees, and amercements. extraction. Intellectual property. The transfer of data from a database from the server where the database resides to a different computer or medium. '''Extraction' is something of a misnomer, given that the extracted contents will remain on the original database, and are accordingly copied from, not removed from, it. It is also somewhat Illogical that the contents must be removed to another medium. Removal to the same medium should also constitute extraction," Ingrid Winternitz, Electronic Publishing Agreements 28 (2000). extra curtem domini (eks-tr;l k3r-tem dom-;l-m). [Law Latin) Hist. Beyond the domain of the superior. _ A vassal was not usu. required to perform a service (such as transporting grain) beyond the superior's jurisdiction. extradite (ek-str;l-dIt), vb. (1864) 1. To surrender or deliver (a fugitive) to another jurisdiction. [Cases: Extradition and Detainers (;::::;4, 23.] 2. To obtain the surrender of (a fugitive) from another jurisdiction. extradition (ek-str;l-dish-"m). (18c) The official surrender of an alleged criminal by one state or nation to another haVing jurisdiction over the crime charged; the return ofa fugitive from justice, regardless of consent, by the author 1t
es where the fugitive is found. Cf. RENDITION (2). international extradition. Extradition in response to a demand made by the executive of one nation on the executive ofanother nation. _ 1his procedure is generally regulated by treaties. [Cases: Extradition and Detainers (;::::; 1-20.] interstate extradition. Extradition in response to a demand made by the governor of one state on the governor of another state. _ This procedure is provided for by the U.S. Constitution, by federal statute, and bv state statutes. [Cases: Extradition and Detainers 021-42.] Extradition Clause. (1878) The clause of the u.s. Con stitution providing that any accused person who flees to another state must, on request of the executive authority ofthe state where the crime was committed, be returned to that state. U.S. Const. art. IV, 2, d. 2. [Cases: Extradition and Detainers extradition treaty. (1847) A treaty governing the precon ditions for, and exceptions to, the surrender ofa fugitive from justice by the country where the fugitive is found to another country claiming criminal jurisdiction over the fugitive. [Cases: Extradition and Detainers extradition warrant. See WARRANT (1). extra dividend. See extraordinary dividend under DIVI DEND. extradotal property. See PROPERTY. extra-elements test. Intellectual property. A judicial test for determining whether a state-law claim is pre empted by federal intellectual-property statutes under the Sears-Compco doctrine, the criterion being that if the claim requires proof ofan extra element that makes the action qualitatively different from an infringement action based on federal law, the state action is not pre empted. [Cases: States C== 18.84.] extra familiam (eks-tr;l f<)-mil-ee-;lm). [Latin] Hist. Outside the family. -The phrase appeared in refer ence to the status of a child after forisfamiliation. Cf. INTRA FAMILIAM. extra feodum (eks-trCl fee-;l-dam). [Latin] Out ofhis fee; out of the seigniory. extrahazardous, ad}. (1831) Especially or unusually dan gerous. -This term is often applied to exceptionally dangerous railroad crossings. -Also termed ultrahaz ardous. [Cases: Railroads (,=303-314.] extrahazardous activity. See ABNORMALLY DANGEROUS ACTIVITY. extrahura (ek-str3-hyoor-a), n. [Law Latin] Hist. An animal that wanders about or strays without its owner; ESTRAY. extrajudicial, adj. (l7c) Outside court; outside the functioning ofthe court system <extrajudicial confes sions>. Also termed out-oj-court. extrajudicial admission. See ADMISSION (1). extrajudicial confession. See CONFESSION. extrajudicial enforcement. See SELF-HELP. extrajudicial evidence. See EVIDENCE. extrajudicial oath. See OATH. extrajudicial opinion. See OPINION (1). extrajudicial remedy. See REMEDY. extrajudicial statement. (1838) Any utterance made outside of court. -It is usu. treated as hearsay under the rules ofevidence. [Cases: Criminal Law (;:':419.] extra judicium (ek-str;l joo-dish-ee-;lm). [Latin] Extra- judicial; out ofcourt; beyond the jurisdiction. extra jus (ek-stra j3S). [Latin] Beyond the law; more than the law requires. extralateral right. See APEX RGLE. extralegal, adj. (l7c) Beyond the province oflaw. extra legem (ek-str;llee-j;lm). [Latin] Out ofthe law; out of the protection of the law. extramural powers (ek-str;l-myuur-;ll). Powers exercised by a municipality outside its corporate limits. [Cases: MuniCipal Corporations C=::~57.J extranational, adj. Beyond the territorial and governing limits of a country. extraneous (ek-stray-nee-;ls), adj. See EXTRINSIC. extraneous evidence. See extrinsic evidence (1) under EVIDEKCE. extraneous offense. See OFFENSE (1). extraneous question. (1808) A question that is beyond or beside the point to be decided. extraneus (ek-stray-nee-as), n. & adj. [Latin "outside"] 1. Hist. A person who is foreign-born; a foreigner. 2. Roman law. An heir not born in the family of the testator; a citizen of a foreign state. extraordinary average. See AVERAGE. extraordinary care. See great care under CARE. extraordinary circumstances. See CIRCUMSTANCE. extraordinary danger. See extraordinary hazard_under HAZARD (1). extraordinary diligence. See DILIGENCE. extraordinary dividend. See DIVIDEND. 666 extraordinary expense extraordinary expense. See EXPENSE. extraordinary flood. A flood whose occurrence is not predictable and whose magnitude and destructiveness could not have been anticipated or provided against by the exercise of ordinary foresight; a flood so unusual that a person of ordinary prudence and experience could not have foreseen it. See ACT OF GOD. extraordinary gain. See GAIN (3). extraordinary grand jury. See special grarld jury under GRAND JURY. extraordinary hazard. See HAZARD (1). extraordinary item. See extraordinary expense under EXPENSE. extraordinary loss. See LOSS. extraordinary majority. See supermajority under MAJORITY. extraordinary relief. See RELIEF. extraordinary remedy. See REMEDY. extraordinary rendition. See RENDITION. extraordiuary repair. (1828) As used in a lease, a repair that is made necessary by some unusual or unfore seen occurrence that does not destroy the building but merely renders it less suited to its intended use; a repair that is beyond the usual, customary, or regular kind. [Cases: Landlord and Tenant 150(l), 152(4).] extraordinary risk. See extraordinary hazard under HAZARD (1). extraordinary session. See special session under SESSION (I). extraordinary writ. See WRIT. extraparochial (ek-str~-Pd-roh-kee-~l), ad). Out of a parish; not within the bounds or limits of any parish. extra paternam jamiliam (eks-trd pd-tar-ndm f~-mil ee-dm). [Law Latin) Hist. Outside the father's family. Cf. INTRA PATERNAM FAMILIAM. extrapolate (ek-strap-d-Iayt), vb. (19c) 1. To estimate an unknown value or quantity on the basis of the known range, esp. by statistical methods. 2. To deduce an unknown legal principle from a known case. 3. To speculate about possible results, based on known facts. -extrapolative (-lay-tiv or -Id-tiv), extrapola tory (-ld-tor-ee), adj. extrapolator (-Iay-tdr), n. extrapolation (ek-strap-a-Iay-shdn), n. (19c) 1. The process of estimating an unknown value or quantity on the basis of the known range of variables. 2. The process by which a court deduces a legal principle from another case. 3. The process ofspeculating about possible results, based on known facts. extra praesentiam mariti (eks-trd pri-zen-shee-dm ma-rI-tI or mar-a-tIl. [Latin) Out of her husband's presence. extra quattuor maria (eks-trd kwah-too-ar mar-ee-d). [Latin] Beyond the four seas; out of the kingdom of England. _ 1be reference is to the seas surrounding Great Britain. The phrase was traditionally used when explaining a husband's impossibility ofaccess to his wife at the time of conception. extra regnum Ceks-trd reg-ndm). [Latin] Out of the realm. extras. Construction law. Contractual amendments in the nature ofadditions that were not originally part of the contract, requested by an owner of a building under construction. Cf. CHANGE ORDER (1). [Cases: Contracts extra session. See special session under SESSION (1). extraterritorial, ad). (19c) Beyond the geographic limits of a particular jurisdiction. -Also termed exterrito rial. [Cases: Courts C=>29.] extraterritoriality. (l9c) The freedom of diplomats, foreign ministers, and royalty from the jurisdiction of the country in which they temporarily reside. -Also termed exterritoriality. See diplomatic immunity under IMMUNITY (1). extraterritorial jurisdiction. See JURISDICTION. extraterritorial recognition ofrights. See private inter national law under INTERNATIONAL LAW. extra territorium (eks-trd ter-d-tor-ee-dm). [Latin] Beyond or outside the territory. Extravagantes (ek-strav-d-gan-teez), n. pl. [Law Latin "wanderings"] Eccles. law. Papal constitutions and decretal epistles of Pope John xxn and certain of his successors. These epistles were so called because they were not digested or arranged with the other papal decretals, but appeared detached from canon law. Ihe term remained even after the epistles were later included in the body ofcanon law. extra viam (eks-tra vI-dm). [Latin "out of the way"] A plaintiff's responsive pleading in a trespass action, asserting that the defendant's claim of a right-of-way across the plaintiff's land is not a defense to the action because the defendant strayed from the supposed right of-way. [Cases: Trespass C=>42.] extra vires (eks-trd VI-reez orveer-eez). See ULTRA VIRES. extra work. See WORK (1). extreme cruelty. See CRUELTY. extreme force. See deadlyforce under FORCE. extrinsic, adj. (I7c) From outside sources; ofor relating to outside matters. -Also termed extraneous. extrinsic ambiguity. See latent ambiguity under AMBI GUITY. extrinsic evidence. See EVIDENCE. extrinsic fraud. See FRAUD. extrinsic test. Copyright. A test for determining whether two ideas or works are substantially similar by listing and analyzing like and unlike elements . The test may be applied and decided by the trier oflaw rather than the trier of fact. Cf. INTRINSIC TEST. ex turpi causa (eks t;)r-pI kaw-zd). [Latin] From an immoral consideration . This phrase, a shortened form of the maxim ex turpi causa non oritur actio ("from an immoral consideration an action does not arise"), expresses the principle that a party does not have a right to enforce performance of an agreement founded on a consideration that is contrary to the public interest. [Cases: Action <:;=04; Contracts C='138(1).] 'The doctrine ex turpi causa has made its way into the law as an extension of a moral principle. If it is misused, the principle suffers. Moreover, its misuse is a symptom of a disease of thought that debilitates the law and morals. This is the failure to recognize that there is a fundamental differ, ence between the law that expresses a moral principle and the law that is only a social

failure to recognize that there is a fundamental differ, ence between the law that expresses a moral principle and the law that is only a social regulation. If only in the growth of English law that distinction had been maintained, much of the arbitrariness and the absurdities in the cases I have cited would have been avoided. There is a dictum of Lord Wright's which may some day be used as a foundation for a change of heart. Speaking of the maxim ex turpi causa, he said: 'In these days there are many statutory offences which are the subject of the criminal law and in that sense are crimes, but which would, it seems, afford no moral justification for a court to apply the maxim'. Beresford v. Royal Insurance (1937),2 KB. at 220." Patrick Devlin, The Enforcement ofMorals 60 (1968). exuere patriam (eg-z[y]oo-a-ree pay-tree-am), vb. [Latin] To renounce one's country or native allegiance; to expa triate oneself. exulare (eks-[y]a-lair-ee), vb. [Latin] Hist. To exile or banish. ex una parte (eks [y]oo-na pahr-tee). [Latinj Ofone part or side; on one side. exuperare (eg-z[y]oo-pJ-rair-ee), vb. [Latin] To overcome; to apprehend or take. ex utraque parte (eks yoo-tray-kwee pahr-tee). [Latin] On both sides. ex utr;usque parentibus conjunct; (eks yoo-tree-3s-kwee pa-ren-ti-bas km-j3ngk-tI). [Latin] Related on the side ofboth parents; of the whole blood. ex vi aut metu (eks VI awt mee-t[y]oo). [Latin] Hist. On the ground of force or fear. -The phrase appeared in reference to a basis for rescinding a transaction. ex visceribus (eks vi-ser-a-bas). [Latin "from the bowels"] From the vital part; from the very essence of (a thing). ex visceribus verborum (eks vi-ser-J-bas vJr-bor-;)m). [Latin] From the mere words (and nothing else); from the words themselves. ex visitatione Dei (eks viz-a-tay-shee-oh-nee dee-I). [Latin] L By the dispensation of God; by reason of physical incapacity. -Anciently, when a prisoner who was being arraigned stood silently instead ofpleading, a jury was impaneled to inquire whether the prisoner obstinately stood mute or was dumb ex visitatione Dei. 2. By natural causes as opposed to violent ones. _ This phrase sometimes appears in a coroner's report when death results from a disease or another natural cause. ex visuscriptionis (eks VI-S[y]oo [or -z[y]oo] skrip-shee oh-nis). [Latin] From the sight of the writing; from having seen a person write. -This phrase describes a method of proving handwriting. ex vi termini (eks VI tar-ma-llI). [Law Latin] From or by the force of the term; from the very meaning of the expression used. ex voluntate (eks vol-an-tay-tee). [Latin] Voluntarily; from free will or choice. EXW. abbr. EX WORKS. exwarrants, adJ!. Without warrants. _ Shares are traded ex warrants when they no longer carry the right to receive declared warrants that have been distributed to holders. -Abbr. X; xw. ex works. From the factory. -This trade term defines the obligations of a buyer and a seller of goods with respect to delivery, payment, and risk of loss. The seller's delivery is complete (and the risk ofloss passes to the buyer) when the goods are made available to the buyer at a location ofthe seller's choice without requir ing a collecting vehicle to be loaded, as at the seller's showroom, factory, or warehouse. Abbr. EXW. ex-works price. See PRICE. eyde (ayd), n. [Law French] Aid; assistance; relief; subSidy. eye for an eye. See LEX TALIONIS. eye of the law. (l6c) The law as a personified thinker; legal contemplation <dead people are no longer persons in the eye of the law>. eyewitness. (16c) One who personally observes an event. Cf. EARWITNESS. eyewitness identification. (I939) A naming or descrip tion by which one who has seen an event testifies from memory about the person or persons involved. eygne (ayn), n. See EIGNE. eyre (air). [Old French eire "journey, march"] 02c) Hist. A system ofroyal courts sent out into the counties by the Crown to investigate allegations ofwrongdOing, to try cases, and to raise revenue for the Crown through the levy of fines. -The eyre system was abolished in the 13th century. See ARTICLES OF THE EYRE; JUSTICE IN EYRE. 'In 1176 the itinerant justices were organised into six circuits .... The justices assigned to these circuits, who numbered as many as twenty or thirty at a time in the 1180s, were known as justiciae errantes (later justidarU in itinere, justices in eyre); and the French word 'eyre' became the name of one of the most prominent forms of royal justice until the time of Edward III. Every so often a 'general eyre' would visit a county, bringing the kiog's government with it.... The general eyre, were not merely law courts; they were a way of supervising local government through itinerant central government." J.H. Baker, An Introduction to English Legal History 19 (3d ed. 1990) eyrer (air-ar), vb. [Law French] (12c) Hist. To travel or journey; to go about. F F. 1. abbr. The first series of the Federal Reporter, which includes federal decisions (trial and appellate) from 1880 to 1924.2. Hist. A letter branded on a felon who claimed benefit of clergy so that the felon could claim the benefit only once . Additionally, those convicted for an affray (fray) or falsity were so branded. "He that shall maliciously strike any person with a Weapon in Church or Churchyard. or draw any Weapon there with intent to strike, shall have one of his Ears cut off; and, if he have no Ears, then shall be marked on the Cheek with a hot Iron, having the Letter F, whereby he may be known for a Fray-maker or Fighter." Thomas Blount, Noma-Lexicon: A Law-Dictionary (1670). "F, Is a Letter wherewith Feions, &c. are branded and marked with an hot Iron, on their being admitted to the Benefit of Clergy." Giles Jacob, A New Law-Dictionary (8th ed. 1762). F.2d. abbr. The second series of the Federal Reporter, which includes federal appellate decisions from 1924 to 1993. F.3d. abbr. 'llie third series ofthe Federal Reporter, which includes federal appellate decisions from 1993. FAA. abbr. 1. FEDERAL AVIATION ADMINISTRATION. 2. FEDERAL ARBITRATION ACT. 3. FREE OF ALL AVERAGE. fabricare (fab-rd-kair-ee), vb. [Law Latin "to make"] Hist. 1. To make a coin lawfully or unlawfully, 2. To forge, esp. a bill oflading. The term sometimes appeared in indictments:fabricavit et contrafecit ("[he] forged and counterfeited "). fabricate, vb. (15c) To invent, forge, or devise falsely . To fabricate a story is to create a plaUSible version ofevents that is advantageous to the person relating those events. The term is softer than lie. See LIE (1). fabricated evidence. See EVIDENCE. fabricated fact. See fabricated evidence under EVIDENCE. fabric land. See LAND. fabula (fab-Yd-Id). [Law Latin] Hist. A contract or covenant, esp. a nuptial contract. FAC. abbr. Failure to answer a (traffic) citation . In some jurisdictions, ifsomeone fails to respond after receiving a ticket, the court notifies the relevant administrative agency, which records this information and suspends the defendant's driver's license until the FAC is vacated and any fines or fees are paid. FACE. abbr. FREEDOM OF ACCESS TO CLINIC ENTRANCES ACT. face, n. (Be) 1. The surface of anything, esp. the front, upper, or outer part <the face ofa clock>. 2. Byexten sion, the apparent or explicit part ofa writing or record <the fraud must appear on the face of the record>. 3. The inscribed side of a document, instrument, or judgment <although the contract appeared valid on its face, the buyer did not have the legal capacity to enter into it>. face amount. 1. PAR VALUE. 2. Insurance. The amount payable under an insurance policy. -Also termed face value;face amount insured by the policy;face ofpolicy. [Cases: Insurance (;:::>2037.] face-amount certificate. See STOCK CERTIFICATE (1). face-amount certificate company. See COMPANY. face-amount certificate ofthe installment type. Seeface- amount certificate (1) under STOCK CERTIFICATE (1). face amount insured by the policy. See FACE AMOUNT. face of policy. See FACE AMOUNT. face rate. See nominal rate under INTEREST RATE. face value. 1. FACE AMOUNT. 2. PAR VALUE. facial, adj. (19c) Apparent; of or relating to the face of things; prima facie <a facial challenge to the statute>. facial attack. (1966) A challenge to the sufficiency of a complaint, such as a motion to dismiss in federal practice. [Cases: Federal Civil Procedure (;:::> 1742(1); Federal Courts ~32.] facial challenge. See CHALLENGE (1). facially sufficient, adj, (1972) (Of a document) appearing valid on its face . A search-warrant affidavit's facial sufficiency will not protect it from attack ifthe affidavit is based on false testimony by the officer making the affidavit. See FRANKS HEARING. facially void. See VOID. facias (fay-shee-<Js). [Law Latin] That you cause . Facias is used in writs as an emphatic word. See FIERI FACIAS; LEVARI FACIAS; SCIRE FACIAS. It also appears in the phrase ut facias ("so that you do"). See DO UT FACIAS; FACIO UT DES; FACIO UT FACIAS. facies (fay-shee-eez). (17c) [Latin] The outward appear ance or surface of a thing. fadle (jas-dl), ad). (l6c) Scots law. (Of a mentally deficient person) so susceptible to outside influence as to need legal protection (such as a guardian). facilitate, vb. (17c) Criminal law. To make the commis sion of a crime easier. Property (such as a vehicle or home) that facilitates the commission of certain offenses may be forfeited. -facilitator, n. facilitated negotiation. See MEDIATION, facilitation, n. (l7c) 1. The act or an instance of aiding or helping; esp., in criminal law, the act of making it easier for another person to commit a crime. 2. CON CILIATION. 669 facility and circumvention. Scots law. Conduct intended to persuade a person vulnerable to outside influence to act against his or her own interest. Any contract brought under conditions offacility and circumvention would be void. ~. Sometimes shortened to facility. facility-of-paymentdause. 1. Insurance. An insurance policy provision allowing the appointment ofa person to receive payment from the insurer on the beneficiary's behalf. [Cases: Insurance (:;::;J3468.] 2. Trusts. A trust provision that allows anyone who owes money to an incapacitated trust beneficiary to discharge the debt by paying the money owed to the custodial trustee. facio ut des (fay-shee-oh <It deez). [Latin "I do so that you give"] Civil law. 1. An innominate contract in which a person agrees to do something for recompense. See innominate contract under CONTRACT. 2. The consid eration in such a contract. facio utfacias (fay-shee-oh <It fay-shee-<ls). [Latin "I do that you may do"] Civil law. 1. An innominate contract in which a person agrees to do something for another person who agrees to do something in return, such as an agreement to marry. 2. The consideration in such a contract. See innominate contract under CO~TRACT. "These valuable considerations are divided by the civilians into four species .... The second species is, facio, ut facias: as when I agree with a man to do his work for him, if he will do mine for me; or if two persons agree to marry together; or to do any positive acts on both sides. Or, it may be to forbear on one side in consideration of something done on the other; as, that in consideration A, the tenant, will repair his house, B, the landlord, will not sue him for waste." 2 William Blackstone, Commentaries on the Laws of England 444 (1766). facsimile (fak-sim-<l-lee). (17c) 1. An exact copy. 2. FAX. facsimile signature. See SIGNATURE. facsimile transmission.

An exact copy. 2. FAX. facsimile signature. See SIGNATURE. facsimile transmission.!. See FAX (l). 2. See FAX (3). fact. (15c) 1. Something that actually exists; an aspect of reality <it is a fact that all people are mortal>. Facts include not just tangible things, actual occur rences, and relationships, but also states of mind such as intentions and opinions. 2. An actual or alleged event or circumstance, as distinguished from its legal effect, consequence, or interpretation <the jury made a finding of fact>. 3. An evil deed; a crime <an acces sory after the fact>. "A fact is any act or condition of things, assumed (for the moment) as happening or existing." John H. Wigmore, A Students' Textbook ofthe Law of Evidence 7 (1935). ablative fact. See divestitive fact. adjudicative fact (<I-joo-di-kay-tiv or -k"'-tiv). (1959) A controlling or operative fact, rather than a back ground fact; a fact that concerns the parties to a judicial or administrative proceeding and that helps the court or agency determine how the law applies to those parties. For example, adjudicative facts include those that the jury weighs. Cf. legislative fact. [Cases: Administrative Law and Procedure 442.] fact alienative fact (ay-lee-a-nay-tiv or ay-Iee-a-na-tiv). A fact that divests a person of a right by transferring it to another. ancient fact. A fact about a person, thing, or event that existed or occurred a very long time ago, and about which no living person has firsthand knowledge. Also termed fact in pais. collateral fact. A fact not directly connected to the issue in dispute, esp. because it involves a different transaction from the one at issue. [Cases: Evidence collative fact. See investitive fact. denotative fact (dee-noh-tay-tiv or di-noh-t<l-tiv). A fact relevant to the use of a nonlegal term in a legal rule. destitutive fact. See divestitive fact. dispositive fact (dis-poz-<l-tiv). (1946) 1. A fact that confers rights or causes the loss of rights. A dis positive fact may be either an investitive or a divesti tive fact. Also termed vestitive fact (ves-ta-tiV). 2. A fact that is decisive of a legal matter; evidence that definitively resolves a legal issue or controversy. See DISPOSITION. divestitive fact (di-ves-t<l-tiv or dI-). (1973) A fact that causes the loss ofrights; an act or event modifying or extinguishing a legal relation. -Also termed extinc tive fact; destitutive fact; ablative fact. elemental fact. See ultimate fact. evaluative fact. (1986) A fact used to assess an action as being reasonable or negligent. evidentiary fact (ev-i-den-sha-ree) (1855) 1. A fact that is necessary for or leads to the determination of an ultimate fact. Also termed predicate fact. 2. A fact that furnishes evidence of the existence of some other fact. Also termed evidential fact. 3. See fact in evidence. exonerative fact (eg-zon-<lr-<l-tiv or -ay-tiv). (1980) A divestitive fact that extinguishes a duty. extinctive fact. See divestitive fact. fabricated fact. See fabricated evidence under EVIDENCE. fact in evidence. (l8c) A fact that a tribunal considers in reaching a conclusion; a fact that has been admitted into evidence in a trial or hearing. -Also written fact-in-evidence. Also termed evidentiary fact. "A {actinevidence, or, briefly, evidence, signifies any facts considered by the tribunal as data to persuade them to reach a reasoned belief upon a probandum. This process of thought by which the tribunal reasons from fact to proban dum is termed inference." John H. Wigmore, A Students' Textbook of the Law of Evidence 7 (1935). fact itt issue. (usu. pl.) (17c) 1. Hist. A fact that one party alleges and that the other controverts. 2. A fact to be determined by a fact-finder; PROBANDUM. -Also written fact-in-issue. Also termed principal fact. "A factinissue is a fact as to the correctness of which the tribunal, under the law of the case, must be persuaded; the fact 670 term 'probandum' (thing to be proved) will here be used as the convenient single word." John H. Wigmore, A Students' Textbook of the Law of Evidence 7 (1935). fact in pais. See ancient fact. fact material to risk. Insurance. A fact that may increase the risk and that, ifdisclosed, might induce the insurer either to decline to insure or to require a higher premium. [Cases: Insurance (;:::>2958, 2963.] foundational fact. See predicate fact. immaterial fact. A fact that is not relevant to a matter in issue. impositive fact. An investitive fact that imposes duties. inferential fact. (1858) A fact established by conclusions drawn from other evidence rather than from direct testimony or evidence; a fact derived logically from other facts. [Cases: Criminal Law (;::::'0559; Evidence investitive fact (in-ves-t;Hiv). (1939) A fact that confers rights. -Also termed coilative fact (b-Iay-tiv). judicial fact. (1862) See judicially noticed fact. judicially noticed fact. A fact that is not established by admissible evidence but may be accepted by the court because the fact is generally known within the trial court's territorial jurisdiction, or because its validity can be determined from sources whose accuracy cannot be reasonably questioned. See Fed. R. Evid. 20l(b). Also termed judicial fact. See JUDICIAL NOTICE. [Cases: Criminal Law (;:::>304; Evidence (;:::>1.] jurisdictional fact. (usu. pl.) (1837) A fact that must exist for a court to properly exercise its jurisdiction over a case, party, or thing_ See JURISDICTIONAL-FACT DOCTRINE. legal fact. (18c) A fact that triggers a particular legal consequence. legislative fact. (1828) A fact that explains a particu lar law's rationality and that helps a court or agency determine the law's content and application. Leg islative facts are not ordinarily specific to the parties in a proceeding. Cf. adjudicative fact. "[L]egislative fact includes matters needed to construe statutes or regulations, and factual assumptions a court makes when called upon to 'legislate.' Examples of the latter might include the fact that spouses will communicate less if they are not granted a privilege covering their confi dences, or that marital harmony will be strained if spouses can be compelled to testify against each other -facts which might be useful in helping a court decide whether to create or continue a common-law marital privilege .... Obviously, legislative facts ofthis nature do not and cannot meet the indisputability criterion of the Rule [Fed. R. Evid. 201], nor are they required to." Paul F. Rothstein, The Federal Rules ofEvidence 35-36 (3d ed. 2003). material fact. (1848) A fact that is significant or essen tial to the issue or matter at hand. [Cases: Evidence (;:::> 143; Federal Civil Procedure C:~2470.1; Judgment (;:::> 181(2).] minorfact. A subordinate fact or circumstance. operative fact. (1857) I. A fact that affects an existing legal relation, esp. a legal claim . When applying the hearsay rule, this term distinguishes between out-of court statements that are operative facts (e.g., a party's saying "I agree to reimburse you" in a case for breach of oral contract), and hearsay, out-of-court statements that only relate to operative facts (e.g., "Joel told me Mike said he would reimburse me"). [Cases: Evidence (;:::>267.]2. A fact that constitutes the transaction or event on which a claim or defense is based. physicalfact. (1857) A fact having a physical existence, such as a fingerprint left at a crime scene. predicate fact (pred-J-kit). (1899) 1. A fact from which a presumption or inference arises. [Cases: Criminal Law (;:::>305.1; Evidence (;:::>53.] 2. A fact necessary to the operation of an evidentiary rule . For example, there must actually be a conspiracy for the co-con spirator exception to the hearsay rule to apply. -Also termed foundational fact; evidentiary fact. [Cases: Evidence <8"=>53.] presumed fact. A fact whose existence can be justifiably inferred from facts established by evidence. [Cases: Criminal Law (;:::>305; Evidence (;:::>53.] primary fact. (18c) A fact that can be established by direct testimony and from which inferences are made leading to ultimate facts. See ultimate fact. principal fact. 1. See fact in issue. 2. See ultimate fact. private fact. (I6c) A fact that has not been made public. Whether a fact is private often arises in invasion of-privacy claims. Cf. public fact. probative fact (proh-bJ-tiv). (1858) A fact in evidence used to prove an ultimate fact, such as skid marks used to show speed as a predicate to a finding ofneg ligence. psychologicalfact. A fact that is related to mental state, such as motive or knowledge. public fact. (1955) For the purpose of an invasion-of privacy claim, a fact that is in a public record or in the public domain. Cf. private fact. [Cases: Torts 357.] relative fact. A fact incidental to another fact; a minor fact. simulated fact. (1943) A fabricated fact intended to mislead; a lie. translative fact (trans-or tranz-Iay-tiv). A fact by means ofwhich a right is transferred from one person to another; a fact that fulfills the double function of terminating one person's right to an object and of originating another's right to it. transvestitive fact. A fact that is simultaneously inves titive and divestitive. "When a person transfers the rights he has to another, the transfer divests him ofthe potestas, and invests that other with it. This is quite distinct from the creation or extinction of the potestas. A new descriptive term is wanted, and after the analogy of the other words, 'transvestitive' has been coined for the purpose." W.A. Hunter, A Systematic and Historical Exposirion ofRoman Law 141 (4th ed. 1902). 671 ultimate fact. (18c) A fact essential to the claim or the defense. -Also termed elemental fact; principal fact. undisputed fact. (18c) An uncontested or admitted fact. vestitive fact. See dispositive fact (1). facta (fak-t;l). [LatinJ pl. FACTUM. fact-finder. (1926) One or more persons -such as jurors in a trial or administrative-law judges in a hearing who hear testimony and review evidence to rule on a factual issue. -Also termed finder offactifact-trier or trier offact (in a judicial proceeding); fact-finding board (for a group or committee). See FINDING OF FACT. fact-finding. (1909) 1. The process oftaking evidence to determine the truth about a disputed point of fact. 2. Int'llaw. The gathering ofinformation for purposes of international relations, including the peaceful settle ment of disputes and the supervision of international agreements. _ Examples offact-finding include legis lative tours to acquire information needed for making decisions at an international leveL -Also termed inquiry. "[F]act-finding must be as impartial and as fair to the parties as procedural and evidentiary rules can render it without making the inquiry's task impossible, not merely for ethical reasons, but in order to maximize the credibility and impact of the facts found. To this end, fact-finders must develop procedures that sharply distinguish them from those bodies that assemble prosecutorial evidence." Thomas M. Franck &. H. Scott Fairley, Procedural Due Process in Human Rights Fact-Finding by International Agencies, 74 Am. j. Int'l L. 308, 310 (1980). 3. A method ofalternative dispute resolution in which an impartial third party determines and studies the facts and positions of disputing parties that have reached an impasse, with a view toward clarifying the issues and helping the parties work through their dispute. fact-finding board. See FACT-FINDER. fact interrogatory. See identification interrogatory under INTERROGATORY. faction. (16c) A number of citizens, whether a majority or a minority, who are united and motivated by a common impulse or interest that is adverse to the rights ofothers or to the permanent or aggregate interests ofthe com munity. -This definition is adapted from The Federal ist, No. 10. factio testamenti (fak-shee-oh tes-t;l-men-t1). See TES TAMENTI FACTIO. fact issue. See issue offact under ISSUE (1). facto (fak-toh), adj. In or by the fact. See DE FACTO; IPSO FACTO. facto et animo (fak-toh et an-d-moh). [Latin] In fact and intent <taking possession facto et animo>. factor, n. (I5c)

[Latin] In fact and intent <taking possession facto et animo>. factor, n. (I5c) 1. An agent or cause that contributes to a particular result <punishment was a factor in the court's decision>. 2. An agent who is employed to sell property for the principal and who possesses or controls factual presumption the property; a person who receives and sells goods for a commission <a factor was employed to sell goods for the company> . A factor differs from a broker because the factor possesses or controls the property_ -Also termed commission merchant; del credere bailiff. Cf. BROKER. [Cases: Factors C:~)1.] "A factor by the rules of common law and of mercantile usage is an agent to whom goods are consigned for the purpose of sale, and he has possession of the goods, power to sell them in his own name, and a general discretion as to their sale. He may sell them on the usual terms of credit, may receive the price, and give a good discharge to the buyer." William R. Anson, Principles of the Law ofContract 523 (Arthur L. Corbin ed., 3d Am. ed. 1919). 3. One who buys accounts receivable at a discount <the company sold its receivables to a factor at only 5% of their stated value>. [Cases: Factors 1,5.]4. A gar nishee <the factor held $400 of the debtor's property when the writ of garnishment was served>. [Cases: Garnishment (;::::> 13-24.] 5. A person in charge of managing property, esp. real property. judicial factor. Scots law_ An administrator or factor specially appointed by the Court ofSession to manage an estate. factorage. 07c) 1. The compensation paid to a factor for his or her services. [Cases: Factors (;::::>44.] 2. The business ofa factor. [Cases: Factors 1,5.J factoring, n. The buying of accounts receivable at a discount. -The price is discounted because the factor (who buys them) assumes the risk ofdelay in collection and loss on the accounts receivable. [Cases: Factors 1,5,10.] factorize (fak-t;l-rIz), vb. (I9c) 1. GARNISH (2). 2. GARNISH (3). -factorization, n. factorizing process. (1837) A procedure or legal process by which a third party, rather than the creditor, attaches a debtor's property; GARNISHMENT. -Also termed trustee process; process by foreign attachment. [Cases: Garnishment {~LJ "In Vermont and Connecticut, the [garnishee] is also some times called the factor, and the process [of garnishing], factorizing process." Charles D. Drake, A Treatise on the Law of Suits by Attachment in the United States 451, at 386 (7th ed. 1891). factor's act. A statute protecting one who buys goods from a factor or agent by creating the presumption that the agent was acting on the owner's behalf and with the owner's approval. [Cases: Factors (;::::>58.] factor's lien. See LIEN. factory act. A statute that regulates workers' hours, health, and safety. See FAIR LABOR STANDARDS ACT. fact pleading. See code pleading under PLEADING (2). fact question. See QGESTION OF FACT. fact-trier. See FACT-FINDER. factual cause. See but-for cause under CAUSE (1). factual impossibility. See IMPOSSIBILITY. factual presumption. See presumption offact under PRE SUMPTION. 672 factum factum (fak-t<lm), n. [Latin] (ISc) 1. A fact, such as a person's physical presence in a new domicile. 2. An act or deed, such as the due execution of a will. Over time, factum in this sense came to mean "charter" that is, the act or deed of conveying land, reduced to written form. See fraud in the factum under FRAUD. "lilt is only a short step to holding as a matter of law that a 'deed' and by a deed (fet, factum) men are beginning to mean a sealed piece of parchment ~has an operative force of its own which intentions expressed, never so plainly, in other ways have not. The sealing and delivering of the parchment is the contractual act. Further, what is done by 'deed' can only be undone by 'deed.'" 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 220 (2d ed. 1899). factum imprestabile (fak-t<lm im-pres-tay-ba-lee). [Law Latin] Hist. An act that cannot be performed; an impossibility. factum juridicum (fak-tam juu-rid-i-bm). [Latin] A juridical fact. factum probandum (fak-trim pra-ban-drim). [Latin] A fact to be proved. "Evidence is always a relative term. It signifies a relation between two facts, the factum probandum, or proposition to be established, and the factum probans, or material evidencing the proposition. The former is necessarily to be conceived of as hypothetical; it is that which the one party affirms and the other denies, the tribunal being as yet not committed in either direction. The latter is con ceived of for practical purposes as existent and is offered as such for the consideration of the tribunal. The latter is brought forward as a reality for the purpose of convinci ng the tribunal that the former is also a reality." John Henry Wigmore, Evidence in Trials at Common Law 2, at 14-15 (Peter Tillers ed., 1983). factum probans (fak-tam proh-banz). [Latin] A proba tive or evidentiary fact; a subsidiary fact tending to prove a principal fact in issue. factum proprium et recens (fak-t<lm proh-pree-<lm et ree-senz). [Law Latin] Hist. One's own act recently performed. 3. A statement of facts. 4. BRIEF (1). PI. facta. factum ofa will. The formal ceremony ofmaking a will; a will's execution by the testator and attestation by the witnesses. fact work product. See WORK PRODUCT. facultative certificate (fak-al-tay-tiv). Insurance. A contract of reinsurance separately negotiated to cover risks under a single insurance policy . Facultative rein surance allows the reinsurer the "faculty" ofassessing and possibly rejecting a particular risk (esp. if under writing information is inadequate). [Cases: Insurance C:=:>3605.] facultative reinsurance. See REINSURANCE. faculties. (16c) Hist. Eccles. law. 1. An authorization granted to a person to do what otherwise would not be allowed. 2. The extent of a husband's estate; esp., the ability to pay alimony. See ALLEGATION OF FACUL TIES. Faculties, Court of. See COliRT OF FACULTIES. Faculties, Master of the. See MASTER OF THE FACUL TIES. Faculty of Advocates. Scots law. The society compris ing the members of the Scottish bar. Unlike the English bar, the advocates do not have chambers, but all share the facilities ofAdvocates' Library in Parlia ment House. faderfium (fah-thar-fee-<lm). Hist. A marriage gift to the bride from her father or brother. faeder-feoh (fah-th<lr-fee). Hist. Property brought by a wife to her husband at marriage . Ifthe husband died, the property reverted to the widow if the heir of the deceased husband refused consent to her second marriage. The property reverted to the widow's family if she returned to them. faggot. Hist. 1. A piece of firewood used to burn a heretic alive. 2. An embroidered figure ofa faggot, required to be worn by heretics who had recanted. fail, n. A transaction between securities brokers in which delivery and payment do not occur at the prescribed time, usu. on the settlement date. -Also termed fail contract. fail to deliver. The nondelivery of securities from a selling broker to a buying broker by the settlement date. fail to receive. The failure ofa buying broker to receive delivery of securities from the selling broker by the settlement date. fail, vb. (l3c) 1. To be deficient or unsuccessful; to fall short <they failed to settle the dispute>. 2. To become insolvent or bankrupt <two banks failed last week>. 3, To lapse <the bequest failed as a result ofademption>. fail contract. See FAIL. failed devise. See lapsed devise under DEVISE. failed gift. 1. See lapsed devise under DEVISE. 2. See lapsed legacy under LEGACY. failed legacy. See lapsed legacy under LEGACY. failing circumstances. See INSOLVENCY. failing-company doctrine. Antitrust. The rule that allows an otherwise proscribed merger or acquisition between competitors when one is bankrupt or near failure. 15 USCA 12-27. -Also termed failing firm defense. [Cases: Antitrust and Trade Regulation (,--'910.] "The 1992 guidelines provide a limited defense for failing firms and failing divisions of firms. The defense is available if impending failure would cause the assets of one party to leave the market if the merger does not occur. Thus to establish a failing firm defense, the parties must show that the failing firm cannot (1) meet its financial obligations, (2) reorganize in bankruptcy, and (3) find another buyer whose purchase of the firm would pose lesser anticompetitive risks. The parties must further show that (4) without the merger, the failing firm's assets will exit the market." Ernest Gellhorn & William E. Kovacic, Antitrust Law and Economics in a Nutshell 398-99 (4th ed. 1994). fail position. A situation existing when, after all transac tions in a security have been netted out, a broker owes another broker more securities than it has coming in from other firms. failure. (l7c) 1. Deficiency; lack; want. 2. An omission ofan expected action, occurrence, or performance. See LAPSE (2). failure ofa condition. The nonoccurrence of an event that has been made a condition ofthe contract. The usual result is that one or both of the parties do not have to perform because of the failure of the condi tion. failure ofconsideration. See FAILURE OF CONSIDER ATION. failure ofgood behavior. A civil servant's act that is ground for removal. [Cases; Officers and Public Employees (:::::;69.7.] failure ofissue. See FAILURE OF ISSUE. failure ofjustice. See MISCARRIAGE OF JUSTICE. failure ofproof. A party's not having produced evidence establishing a fact essential to a claim or defense. failure oftitle. A seller's inability to establish a good claim to the property contracted for sale. Cf. clear title under TITLE (2). [Cases: Vendor and Purchaser C"::) 129(1),] failure oftrust. The invalidity of a trust because the instrument creating it has a defect or because of its illegality or other legal impediment. [Cases: Trusts (:::::;68.) failure ofwill. The invalidity of a will that was not executed with necessary statutory formalities. failure otherwise than on the merits. The defeat of a plaintiffs claim by a procedural device without a decision on the existence of the claim's elements. failure to bargain collectively. An employer's refusal to discuss labor issues with a union. [Cases: Labor and Employment (:::::; 1479.) failure to claim. Patents. A finding by the U.S. Patent and Trademark Office or by a court that a patent appli cant or patentee has forfeited the right to broader pro tection by not seeking protection for some disclosed subject matter . Any art outside the explicit claims, including foreseeable alteration of the claimed struc ture, is considered dedicated to the public domain. failure to make delivery. Nondelivery or misdelivery. failure to meet obligations. 1. See BANKRUPTCY (4). 2. See INSOLVENCY. failure to perform. A party's not meeting its obliga tions under a contract. See CONTRACT (4). [Cases: Contracts (:;:::)261(1), 312(1),315.] failure to state a cause of action. A plaintiff's not having alleged facts in the complaint sufficient to maintain a claim. _ This failure warrants dismissal of the complaint. [Cases: Pleading Pretrial Procedure (:::::;'622.] failure to testify. A party's esp. a criminal defen dant's decision not to testify . Under the Fifth Amendment, the prosecutor and the judge cannot comment to the jury on a criminal defendant's failure to testify. But comments on the failure are usu. per missible in a civil case. [Cases; Criminal Law (:::::; 2129; Evidence Witnesses (:::::;88.] failure of consideration. (1803) A seriously deficient contractual performance that causes a contract's basis or inducement to cease to exist or to become worthless. Scholars disapprove ofthis term as misleading, since failure ofperformance is more accurate. Unlike consid eration, the phrase failure ofconsideration relates not to the formation of a contract but to its performance. See CONSIDERATION Cf. WANT OF CONSIDERATION, [C

of a contract but to its performance. See CONSIDERATION Cf. WANT OF CONSIDERATION, [Cases: Contracts 260, 309(1).] "An illustration will help Indicate how the term is used. If C promises to build a structure for 0 and 0 promises to make payment when the work is completed, it is clear that there is consideration on both sides of this contract and that therefore a contract was formed upon the exchange of promises. If C fails to perform, the result is sometimes described as a 'failure of consideration.' 'Failure of con sideration' simply means a failure to perform and as used covers both a material breach of constructive conditions and a failure to perform an express condition. The use of the term 'failure of consideration' in this sense appears to be an unnecessary invitation to confUSion because the word consideration is being used in two different senses. Fortunately, the use of this phrase has gradually fallen into disuse, It is, however, still suffiCiently widespread to be mentioned here. This volume nowhere utilizes 'failure of conSideration' as an operative concept." John D. Calamari &Joseph M, Perillo, The Law ofContracts 1121, at 474-75 (3d ed, 1987), partial failure of consideration. (1808) A party's incomplete pertormance ofa contract with multiple, severable performances, so that if some ofthe perfor mances are not accomplished, the appropriate part of the agreement can be apportioned to whatever has been completed. [Cases: Contracts (:::::;86,260.) total failure ofconsideration. (1809) A situation in which the contract is indivisible so that a complete lack ofconsideration voids the contract. [Cases: Con tracts (:::::;85, 260.] failnre ofgood behavior. See FAILURE. failure ofissue. (I7c) Archaic. The fact of a person's dying when the person has no surviving children or other descendants who are eligible to inherit the person's estate. -Also termed dying without issue; definite failure ofissue; default ofissue. See ISSUE (3). [Cases: Descent and Distribution (:::::; 14-16.] 'There has been considerable litigation during the past several centuries over the meaning of a gift to 'A and his heirs, but if A shall die Without issue, to S and his heirs.' First ofall, what does 'die without issue' mean? The answer appears simple -you look to the time of A's death to determine whether or not he has any children or grandchil dren. But that is not the way the English courts originally construed this language, The English adopted the socalled 'indefinite failure of issue' construction if at any time in the future A's line of descent should come to an end, then there was a gift over to S and his heirs. The effect of this was a fee tail in A and a remainder in B. This seems a distortion of the language. and particularly unsuited to American circumstances since the fee tail never found a real home here. Most of our jurisdictions, by judicial 674 failure of justice decision or statute, adopted the socalled 'definite failure of issue' construction you look to the date of A's death to determine whether he has issue, and to that time alone. If A has issue at that time, then the gift over to Bfails. This seems to be the literal meaning of the words, and it is the only sensible conclusion in a system where the fee tail is virtually a dead letter. The English also struck down the constructional preference for indefinite failure by statute in the nineteenth century." Thomas F. Bergin &Paul C. Haskell, Preface to Estates in Land and Future Interests 236-37 (2d ed. 1984). indefinite failure ofissue. (18c) A failure of issue whenever it happens, without any certain period within which it must happen. [Cases: Wills ~ 606.] failure ofjustice. See MISCARRIAGE OF JUSTICE. failure ofproof. See FAILURE. failure-of-proof defense. (1982) The defense that a party's proof does not establish a fact essential to a claim or defense. failure of record. Hist. In a trial by record, a party's inability to produce the record and thereby prove a pleading; an absence of proof to support a party's pleading. The other party was entitled to summary judgment. See trial by record under TRIAL. failure oftitle. See FAILURE. failure oftrust. See FAILURE. failure ofwill. See FAILURE. failure otherwise thau on the merits. See FAILURE. failure to bargaiu collectively. See FAILURE. failure to claim. See FAILURE. failure-to-disclose-best-mode rejection. See REJEC TION. failure to make delivery. See FAILURE. failure to meet obligations. 1. See BANKRUPTCY (4). 2. See INSOLVENCY. failure to perform. See FAILURE. failure-to-perform exclusion. See EXCLUSION (3). failure to protect. Family law. The refusal or inability of a parent or guardian to prevent abuse ofa child under his or her care. [Cases; Infants ~156, 179.] failure to state a cause ofaction. See FAILURE. failure-to-supervise statute. See PARENTAL-LIABILITY STATUTE. failure to testify. See FAILURE. failure to thrive. (1967) Family law. 1. A medical and psychological condition in which a child's height, weight, and motor development fall Significantly below average growth rates . Failure to thrive is sometimes asserted as a ground for alleging abuse or neglect by a parent or caregiver. 2. A condition, occurring during the first three years ofa child's life, in which the child suffers marked retardation or ceases to grow. -Abbr. FTT. faint action. See FEIGNED ACTION. faint pleader. (17c) A false, fraudulent, or collusive manner of pleading. fair, adj. (bef. 12c) 1. Impartial; just; equitable; disinter ested <everyone thought that Judge Jones was fair>. 2. Free ofbias or prejudice <in jury selection, the lawyers tried to select a fair and impartial jury>. fair, n. (Be) Hist. A privileged market for the buying and selling ofgoods. A fair was an incorporeal heredita ment granted to a town by royal patent or franchise or established by prescription. The franchise to hold a fair conferred important privileges, and a fair, as a legally recognized institution, possessed distinctive legal char acteristics, most ofwhich are now obsolete. C( market overt under MARKET. fair-and-equitable requirement. (I7c) Bankruptcy. A Bankruptcy Code standard requiring a forced, non consensual Chapter 11 plan (a "cramdown" plan) to provide adequately for each class of interests that has not accepted the plan. In determining whether a cramdown plan is fair and equitable and thus can be confirmed, a bankruptcy court must apply the Code's detailed statutory criteria, consider the plan as a whole, and weigh all the circumstances surrounding the treat ment of each impaired class of interests. In addition to the fair-and-equitable requirement, the Chapter 11 cramdown plan must (1) be accepted by at least one impaired class of claims, and (2) not discriminate unfairly among impaired classes that have not accepted the plan. 11 USCA 1129{b). See CRAMDOWN. [Cases: Bankruptcy ~---:J 3563.] fair and impartial jury. See impartial jury under JURY. fair aud impartial trial. See FAIR TRIAL fair and proper legal assessment. See EQUALIZATION (2). fair and reasonable value. See fair market value under VALUE (2). fair and valuable consideration. See fair consideration (1) under CONSIDERATION (1). fair averaging. The process of assessing taxes by using the average ofthe amount and price ofgoods acquired over a 12-month period rather than the amount and price at a particular time ofthe year. fair cash market value. See fair market value under VALUE (2). fair cash value. See fair market value under VALUE (2). fair comment. (18c) A statement based on the writer's or speaker's honest opinion about a matter of public concern. Fair comment is a defense to libel or slander. [Cases: Libel and Slander ~48(1).] fair competition. See COMPETITION. fair consideration. See CONSIDERATION (1). Fair Credit Billing Act. A federal law that facilitates the correction of billing errors by credit-card companies and makes those companies more responsible for the quality ofgoods purchased by cardholders. 15 USCA 1666-1666j. [Cases: Consumer Credit C=j 37.] fair-credit-reporting act. (1971) A federal or state law that regulates disclosure and use of consumer-credit information and ensures the right of consumers to have access to and to correct their credit reports. _ The federal Fair Credit Reporting Act was enacted in 1970. 15 USCA 1681-1681u. -Abbr. FCRA. [Cases: Credit Reporting Agencies (;::0 1-4.] fair-cross-section requirement. (1975) Constitutional law. The principle that a person's right to an impartial jury, guaranteed by the Sixth Amendment, includes a requirement that the pool of potential jurors fairly represent the composition ofthe jurisdiction's popula tion. The pool of potential jurors need not precisely match the composition of the jurisdiction. But the representation ofeach group must be fair -no group should be systematically excluded or underrepresented. A minimal disparity in a particular group's represen tation, such as an absolute disparity of 10%, will not ordinarily violate this principle unless some aggravat ing factor exists. See DUREN TEST; ABSOLUTE DISPAR ITY; COMPARATIVE DISPARITY; STATISTICAL-DECISION THEORY. [Cases: Jury (;::033(1.1).] fair dealing, n. (17c) 1. The conduct of business with full disclosure, usu. by a corporate officer with the corporation. [Cases: Corporations 316.] 2. A fiduciary's transacting ofbusiness so that, although the fiduciary might derive a personal benefit, all interested persons are fully apprised of that potential and of all other material information about the transaction. Cf. SELF-DEALING. 3. Canadian law. FAIR USE. Fair Debt Collection Practices Act. A federal statute that regulates debt-collection practices, and defines the rights ofconsumers who are contacted by debt collec tors. 15 USCA 1692-1692p. -Abbr. FDCPA. [Cases: Antitrust and Trade Regulation (;:::)210.] fair hearing. See HEARIKG. Fair Labor Standards Act. A federal law, enacted in 1938, that regulates minimum wages, overtime pay, and the employment of minors. 29 USCA 201-219. Abbr. FLSA. [Cases: Lahor and Employment C=;2217(2).] fairly-debatable rule. 1. Insurance. In some states, a test that requires an insurer to have a plausible basis for denying a claim to avoid bad-faith liability. [Cases: Insurance C=>3336.J 2. Zoning. A doctrine that bars a court from interfering with a zoning decision that is supported by substantial evidence, although it is one on which reasonable minds can differ. - A court will not interfere with a decision supported by substantial evidence. [Cases: Zoning and Planning C:~602, 605, 703.] fair market price. See fair market value under VALUE (2). fair market value. See VALUE (2). fairness doctrine. (1965) Hist. A tederallaw, based on an FCC rule, requiring the broadcast media to furnish a reasonable opportunity for the discussion of conflicting views on issues ofpublic importance . The FCC aban doned the fairness doctrine in 1987. Also termed equal-time doctrine. Cf. EQUAL TIME ACT. [Cases: Tele communications C='1153(2).J fair notice. See NOTICE. fair on its face. (l8c) (Of a document) having the appear ance ofbeing regular or legal and not capable of being shown to be defective without extraneous evidence. fair persuasion. See PERSUASION. fair play. Equity, candor, and fidelity in dealings with another. fair play and substantial justice. (1945) The fairness requirement that a court must meet in its assertion of personal jurisdiction over a nonresident defendant to comport with due process. International Shoe Co. v. Washington, 326 U.S. 310, 66 S.C!. 154 (1945). See MINIMUM CONTACTS. [Cases: Constitutional Law 3964.] fair preponderance of the evidence. See PREPONDER ANCE OF THE EVIDENCE. fair presentation. 1. Commercial law. A materially accurate disclosure ofa company's financial condition, achieved by selecting and using appropriate account ing policies, reasonably reflecting transactions that underlie the financial data, and making any additional necessary disclosures. 2. Criminal law. The require ment that an applicant for a writ of habeas corpus in a state's custody must show (1) he or she has exhausted all available remedies in the state courts, (2) the state has offered no corrective process, or (3) circumstances exist that render a state's corrective process insufficient to protect the applicant's rights. [Cases: Habeas

exist that render a state's corrective process insufficient to protect the applicant's rights. [Cases: Habeas Corpus (~::;'380.) fair rate of return. See RATE OF RETURN. fair-report privilege. (1980) A defense to liability for publishing defamatory matter from a report of an official or judIcial proceeding, when the report is a full, fair, and accurate account ofthe proceeding. [Cases: Libel and Slander 42.] fair representation. Labor law. Union representation that adequately covers all union members in collective bargaining and in the lodging of grievances. [Cases: Labor and Employment C=:c 1208, 1209.] fair return on investment. See RETURN. fair sale. See SALE. fair-share membership. See FINANCIAL-CORE MEMBER SHIP. fair trade, n. Commerce conducted under a fair-trade agreement. fair-trade agreement. (1937) A commercial agreement that a seller will sell all ofa producer's goods at or above a specified minimum price. -Fair-trade agreements were valid until 1975, when the Consumer Goods Pricing Act made them illegal. 15 USCA 1, 45. fair-trade law. A state statute that protects and enforces fair-trade agreements . At one time, many states had fair-trade laws. But when applied to interstate 676 fair trial commerce, the laws may violate the Sherman Antitrust Act, so most states have repealed them. fair trial. (17c) A trial by an impartial and disinterested tribunal in accordance with regular procedures; esp., a criminal trial in which the defendant's constitutional and legal rights are respected. Also termed fair and impartial trial. fair use. (1869) Copyright. A reasonable and limited use ofa copyrighted work without the author's permission, such as quoting from a book in a book review or using parts of it in a parody. -Fair use is a defense to an infringement claim, depending on the following statu tory factors: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount of the work used, and (4) the economic impact ofthe use. 17 USCA 107. -Also termed (in Canadian law) fair dealing. [Cases: Copyrights and Intellectual Property (';::53.2.] "[Fair use is] the most troublesome [problem] in the whole law of copyright." Del/or v. Samuel Goldwyn, Inc., 104 F.2d 661,662 (2d Or. 1939) (per curiam). "Fair use is a judicial safety valve, empowering courts to excuse certain quotations or copies of copyrighted material even though the literal terms of the Copyright Act prohibit them." Paul Goldstein, Copyright's Highway 84 (1994). fair value. See fair market value under VALUE (2). fair-value accounting method. See ACCOUNTING METHOD. fair-value law. A statute allowing a credit against a defi ciency for the amount that the fair market value ofland exceeds the price at foreclosure. -Also termed fair value legislation. [Cases: Mortgages (:-=>559(7), 56l.7.] fair warning. (1931) Criminal law. The requirement that a criminal statute define an offense with enough precision so that a reasonable person can know what conduct is prohibited and so that a reasonably skilled lawyer can predict what conduct falls within the stat ute's scope. Also termed fair notice. [Cases: Criminal Law (:::) 13.1.] fair wear and tear. See WEAR AND TEAR. fait (fay or fe). [Law French fro Latin factum] Anything done; an act or deed . 'The term fait accompli (fay or fe td-kom-plee), meaning "a deed accomplished," which is not merely legal, is related to this word. fait enrolle (fay or fe ton-rohl). [Law French] Hist. An enrolled deed of a sale ofa freehold estate. faith and trust. See FLIM FLAM. Faithfully Executed Clause. (1967) The clause of the U.S. Constitution providing that the President must take care that the laws are carried out faithfully. U.S. Const. art. II, 3. [Cases: United States C=>26.] faith-healing exemption. Family law. In a child-abuse or child-neglect statute, a provision that a parent who provides a child with faith healing (in place of standard medical treatment) will not, for that reason alone, be charged with abuse or neglect. Nearly all states have enacted some form of faith-healing exemption. But the statutes differ greatly. For example, they differ on whether the exemption is available as a defense to manslaughter or murder charges brought against a parent whose child dies as a result of the parent's having refused to consent to medical treatment. -Also termed religious-exemption statute; spiritual-treatment exemption. Cf. medical neglect under NEGLECT. fake, n. (19c) Something that is not what it purports to be. See FORGERY (2); IMPOSTOR. fake, vb. (19c) To make or construct falsely. See COUN TERFEIT. Falcidianlaw (fal-sid-ee-dn). (17c) Roman law. A law pre scribing that one could give no more than three-fourths of one's property in legacies and that the heirs should receive at least one-fourth (the Fakidian portion). -If the testator violated this law, the heir had the right to deduct proportionally from each legatee as necessary. The law, proposed by the Roman tribune Falcidius, was enacted in 40 B.C. -Also termed lex Falcidia. See LEGITIME. "A large number of small legacies might [either] leave nothing for the heir ... [or] make his part so small as to seem valueless in his eyes. But a Falcidian law, passed in the year 40 B.C., put an end to the whole difficulty. This law secured to the heir a quarter of the net value of the estate; the legatees could obtain only three-quarters: if the legatees named in the will amounted to more than thiS, they were diminished by proportional reductions.... Few measures have accomplished their purpose more sat isfactorily than the Falcidian law, which remained in force through the history of the empire, and holds an important place in the system ofJustinian." James Hadley, Introduction to Roman Law 321-22 (1881). Falcidian portion. Roman law. The one-fourth part ofan estate that one or more instituted heirs are entitled to retain. La. Civ. Code art. 1494. -Also termed quarta Falcidiana. See forced heir under HEIR; LEGITIME. Cf. QUARTA TREBELLIANICA. Falconer error. A trial court's failure to instruct the jury that a guilty finding on a manslaughter charge requires acquittal on a murder charge. Falconer v. Lane, 905 F.2d 1129 (7th Cir. 1990). faldage (fahl-dij), n. Hist. 1. A landowner's right to require tenants to graze their sheep in designated temporary folds so that the manure will fertilize the field. -Also termed foldage; fold soc. 2. A sum of money paid to the landowner by a sheep-owning tenant in lieu ofkeeping the animals in the landowner's tem porary fold. Also termed faidfee. faldfee (fahld-fee), n. Hist. See FALDAGE (2). faldworth (fahld-wdrth), n. Hist. A person who resides in a rural community where everyone above a certain age is responSible for the good conduct of all other members of the community and has reached that age of responsibility. _ This was part of the frankpledge system. See DECENARY; FRANKPLEDGE. fallacy. Any unsound, and usu. deceptive, argument or inference. _ Both "formal" and "material" fallacies occur in a variety ofrecognized categories, knowledge of which is fundamental in the analysis ofthe validity 677 false imprisonment oflegal reasoning employed in any legal argument, esp. in judicial opinions. The presence ofa fallacy in a legal argument is a defect often fatal and usu. deceptive -in the legal reasoning. formalfallacy. A fallacy involving flaws in the form of the argument, such as a violation of the formal rules ofsyllogistic reasoning. material fallacy. A fallacy involving flaws in the factual content of a logical argument. fallo (fahl-yoh), n. Spanish law. The mandate in a court's judgment; the dispositive sentence in a judicial pro nouncement. fall ofthe hammer. An auctioneer's closing ofbidding <the bureau will be sold at the fall of the hammer> . Traditionally, an auctioneer bangs a hammer, gavel, or other object when bidding is closed. In some circum stances, such as online auctions, a verbal announcement that bidding is closed substitutes. [Cases: Auctions and Auctioneers falsa causa. See CAUSA (2). falsa demonstratio (fal-sa or fawl-sa dem-an-stray shee-oh). Roman law. A false designation; an erroneous description ofa person or thing in a legal instrument. Generally, a simple error in description, grammar, or spelling will not void an instrument or even a Single provision in it (such as a bequest by will). -Also termed false demonstration. falsa moneta (fal-8;> or fawl-sa m;>-nee-ta). Roman law. Counterfeit money. falsare (fal-sair-ee or fawl-), vb. [Law Latin] Hist. To counterfeit; to falsify. falsarius (fal-sair-ee-as or fawl-). [Law Latin] Hist. A counterfeiter. Also spelled falcarious. -Also termed falsonarius. false, adj. (12c) 1. Untrue <a false statement>. 2. Deceit ful; lying <a false witness>. 3. Not genuine; inauthentic <false coinage> . What is false can be so by intent, by accident, or by mistake. false, vb. 1. Scots law. To make or prove false. 2. Archaic. FALSIFY (1). false action. See FEIGNED ACTION. false advertising, n. (1911) 1. The tortious and some times criminal act of distributing an advertisement that is untrue, deceptive, or misleading; esp., under the Lanham Trademark Act, an advertising statement that tends to mislead consumers about the characteristics, quality, or geographic origin ofone's own or someone else's goods, services, or commercial activity . Under 43(a) ofthe Lanham Act, false advertising is actionable by anyone who reasonably believes that he or she has been or is likely to be damaged by the statement. An exaggerated opinion ("puffing") is an immaterial state ment and therefore not actionable. [Cases: Antitrust and Trade Regulation (>21,163; Fraud (>H(l).] 2. At common law, a statement in a defendant's advertising about its own goods or services intended to deceive or confuse customers into buying those goods or services instead ofthe plaintiff's, and causing actual damage to the plaintiff, esp. the loss ofsales. -Also termed (in both senses) deceptive advertising. false answer. See ANSWER (1). false arrest. See ARREST. false-association claim. Intellectual property. A claim based on the wrongful use ofa distinctive name, mark, trade dress, or other device to misrepresent sponsor ship, origin of goods or services, or affiliation. The power to assert a false-association claim is not limited to trademark registrants. Any person who claims an injury caused by deceptive use of a trademark or its equivalent may have standing to bring suit. See 15 USC A 112S(a)(l)(A). [Cases: Trademarks 1106, 1117, 1563.] false character. Hist. The crime ofimpersonating a ser vant's master or mistress. See IMPOSTOR. false check. See bad check under CHECK. false claim. An assertion or statement that is untrue; esp., overbilling. False Claims Act. A federal statute establishing civil and criminal penalties against persons who bill the govern ment falsely, deliver less to the government than rep resented, or use a fake record to decrease an obligation to the government. 18 USCA 286-287; 31 USCA 3729-3733. The Act may be enforced either by the attorney general or by a private person in a qui tam action. See QUI TAM ACTION. [Cases: United States 120.] false conflict oflaws. See CONFLICT OF LAWS. false demonstration. See FALSA DEMONSTRATIO. false designation oforigin. Trademarks. A mark, design, or similar element that creates a misleading or errone ous impression of a good or product's source. [Cases: Antitrust and Trade Regulation Trademarks C:::l1419.] false evidence. Seefalse testimony under TESTIMONY. falsehood. 1. See LIE. 2. See PERJURY. false impersonation. See IMPERSONATION. false-implication libel. See LIBEL. false imprisonment. (l4c) A restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law misdemeanor and a tort. It applies to private as well as governmental detention. Cf. false arrest under ARREST. [Cases: False Imprisonment (>2, 43.] "[

f. false arrest under ARREST. [Cases: False Imprisonment (>2, 43.] "[In the phrase false imprisonment,] false is ... used not in the ordinary sense of mendacious or fallaCiOUS, but in the less common though well-established sense of erroneous or wrong; as in the phrases false quantity, false step, false taste, etc." R.F.V. Heuston, Salmond on the Law ofTons 123 n.38 (17th ed. 1977). "False imprisonment was a misdemeanor at common law and is recognized by some states today. It differs from kid napping in that asportation is not required. If the imprison ment is secret, some jurisdictions treat it as kidnapping," Arnold H. Loewy, Criminal Law in a Nutshe.1I65 (2d ed, 1987). 678 false judgment "Some courts have described false arrest and false impris onment as causes of action which are distinguishable only in terminology. The two have been called virtually indistinguishable, and identical. However, the difference between them lies in the manner in which they arise. In order to commit false imprisonment, it is not necessary either to intend to make an arrest or actually to make an arrest. By contrast. a person who is falsely arrested is at the same time falsely imprisoned." 32 Am. Jur. 2d False Imprisonment 3 (1995). false judgment. Hist. A writ filed to obtain review of a judgment ofa court not ofrecord. "After judgment given, a writ also of false judgment lies to the courts at Westminster to rehear and review the cause, and not a writ of error; for this is not a court of record ...." 3 William Blackstone, Commentaries on the Laws ofEngland 34 (1768). false light. (1962) 1. Torts. In an invasion-of-privacy action, a plaintiff's allegation that the defendant attrib uted to the plaintiff views that he or she does not hold and placed the plaintiff before the public in a highly offensive and untrue manner. Ifthe matter involves the public interest, the plaintiff must prove the defen dant's malice. See invasion ofprivacy byfalse light under INVASION OF PRIVACY. [Cases: Torts C:='352.] 2. (usu. pl.) Maritime law. A signal displayed intentionally to lure a vessel into danger. 18 USCA 1658(b). -Also termedfalse light or signal. false making. See FORGERY (I). false-memory syndrome. The supposed recovery of memories of traumatic or stressful episodes that did not actually occur, often in session with a mental health therapist. This term is most frequently applied to claims by adult children that repressed memories of prolonged and repeated child sexual abuse, usu. by parents, have surfaced, even though there is no independent evidence to substantiate the claims. Cf REPRESSED-MEMORY SYNDROME. False Memory Syndrome Foundation. An organiza tion ofparents who claim that their adult children have falsely accused them ofchildhood sexual abuse . The organization was formed for the purpose of aiding persons who claim to have been wrongly accused as a result of the recovery of repressed memories. -Abbr. FMSP. Cf VICTIMS OF CHILD ABUSE LAWS. false misrepresentation. See MISREPRESENTATION . This phrase is redundant because misrepresentation includes the idea of falsity. false news. Hist. The misdemeanor of spreading false information that causes discord between the monarch and the people or between important people in the realm. 3 Edw., ch. 34. false oath. See PERJURY. false personation. Seefalse impersonation under IMPER SONATION. false plea. See sham pleading under PLEADING (1). false pretenses. (ISc) The crime of knowingly obtaining title to another's personal property by misrepresenting a fact with the intent to defraud. Although unknown to English common law, false pretenses became a misde meanor under a statute old enough to make it common law in the United States. Modern American statutes make it either a felony or a misdemeanor, depending on the property's value. -Also termed obtaining property by false pretenses; fraudulent pretenses. Cf. larceny by trick under LARCENY; EMBEZZLEMENT. [Cases: False Pretenses 1.] false promise. See PROMISE. false report. (1S27) Criminal law. The criminal offense of informing law enforcement about a crime that did not occur. [Cases: Obstructing Justice false representation. See MISREPRESENTATION. false return. (16c) 1. A process server's or other court official's recorded misrepresentation that process was served, that some other action was taken, or that something is true. See RETURN (2). [Cases: Process 132-144,153, 160.] 2. A tax return on which taxable income is incorrectly reported or the tax is incorrectly computed. See TAX RETURN. [Cases: Internal Revenue 44S0.J false statement. See STATEMENT. false swearing. See PERJURY. false testimony. See TESTIMONY. false token. See TOKEN. false verdict. See VERDICT. false weight. (usu. pl.) A weight or measure that does not comply with governmentally prescribed standards or with the prevailing custom in the place and business in which the weight or measure is used. [Cases: Weights and Measures C= 10.] falsi crimen. See crimen falSi under CRIMEN. falsify, vb. (1Sc) 1. To make something false; to counter feit or forge <the chiropractor falsified his records to help the plaintiff>. -Also termed (archaically) false. See COUNTERfEIT; FORGERY. 2. Rare. To prove some thing to be false or erroneous <their goal in the appeal was to falsify the jury's verdict>. falsification, n. falsifying a record. (l8c) The crime of making false entries or otherwise tampering with a public record with the intent to deceive or injure, or to conceal wrong dOing. 18 USCA 1506,2071,2073; Model Penal Code 224.4. [Cases: Fraud C:='68; Records falsing of dooms, n. See APPEAL (I). falsity, n. (l3c) 1. Something (such as a statement) that is false. See LIE. 2. The quality ofbeing false. See FALSE. falsonarius. See FALSARHJS. falso retorno brevium (fal-soh [or fawl-soh] ri-tor-noh bree-vee-Jm). [Law Latin] Hist. A writ against a sheriff for falsely returning a writ. falsum (fal-sam or fawl-sam), n. [Latin] Roman law. 1. A false statement. See crimen falsi under CRIMEN. 2. A crime involving forgery or falsification . Until the later Roman empire, the term applied to both documents and counterfeited coins. 679 falsus in uno doctrine (fal-sas [or fawl-sas] in yoo-noh). [fro Latin falsus in uno, falsus in omnibus "false in one thing, false in all"] The principle that if the jury believes that a witness's testimony on a material issue is inten tionally deceitful, the jury may disregard all ofthat wit ness's testimony. [Cases: Trial C-~187, 210; Witnesses (;::::'317.] "[TJhere is an old maxim 'falsus in uno, falsus in omnibus' (false in one thing, false in all), which is often much over emphasized by counsel, though it is recognized by many courts in their charges to the jury. But this is only primitive psychology, and should be completely discarded." John H. Wigmore, A Students' Textbook of the Law of Evidence 181 (1935). faltering-company exception. A provision in the Worker Adjustment and Retraining Notification Act exempting an employer from giving the required 60-day notice for a plant shutdown if (1) at the time notice was due, the employer was seeking capital or resources that would have allowed the employer to avoid a shutdown, and (2) the employer reasonably believed that providing the notice would have precluded the employer from obtain ing the necessary capital or other resources. 29 USCA 2102(b)(I). See WORKER ADJUSTMENT AND RETRAIN ING NOTIFICATION ACT. [Cases: Labor and Employment fama publica (fay-ma pab-li-ka). [Latin "public repute"] Hist. A person's reputation in the community . A person'sfama publica could be used against him or her in a criminal proceeding. Cf. ILL FAME. "Now in the thirteenth century we find in the sheriff's turn a procedure by way of double presentment, and we may see it often, though not always, when a coroner is holding an inquest over the body of a dead man. The fama publica is twice distilled. The representatives of the vilis make pre sentments to ajury of twelve freeholders which represents the hundred, and then such of these presentments as the twelve jurors are willing to 'avow,' or make their own, are presented by them to the sheriff. ... From the very first the legal forefathers of our grand jurors are not in the majority of cases supposed to be reporting crimes that they have witnessed, or even to be the originators of the fama publica. We should be guilty of an anachronism if we spoke of them as 'endorsing a bill' that is 'preferred' to them; but still they are handing on and 'avowing' as their own a rumour that has been reported to them by others." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 643 (2d ed. 1899). familia (fa-mil-ee-a), n. (18c) [Latin] Roman law. 1. All persons, free and slave, in the power ofa paterfamilias. See PATERFAMILIAS. 2. One's legal relations through and with one's family, including all property, ancestral privileges, and duties. "The testator conveyed to him outright his whole 'familia,' that is, all the rights he enjoyed over and through the family; his property, his slaves, and all his ancestral privi leges, together, on the other hand, with all his duties and obligations." Henry S. Maine, Ancient Law 170 (17th ed. 1901). 3. A family, including household servants. "Familia.... A family or household, including servants, that is, hired persons (mercenarii or conductitii,) as well as bondsmen, and all who were under the authority of one master, (dominus.) Bracton uses the word in the original family arrangement sense, as denoting servants or domestics." 1 Alexander M. Burrill, A Law Dictionary and Glossary 603-04 (2d ed. 1867). familiae emptor (fo-mil-ee-ee emp-tor). [Latin "estate purchaser"] Roman law. A trustee who received an inheritance by a fictitious purchase and distributed it as the testator instructed. Also termed emptor familiae. See mancipatory will under WILL. "At some date, probably long before the XII Tables, men on the point of death, unable to make a true will because there was no imminent sitting of the Comitia, adopted the practice of conveying all their property ... to a person who is described as the familiae emptor, and who is said by Gaius to be in loco heredis. Instructions were no doubt given to him as to the disposal of the property or part of it, but it is not clear that these were enforceable ...." w.w. Buckland, A Manual of Roman Private Law 175 (2d ed. 1953). familiae erciscundae (fa-mil-ee-ee ar-sis-kan-dee). See actio familiae erciscundae under ACTIO. familiares regis (fa-mil-ee-air-eez ree-jis). [Law LatinJ Hist. 1. Persons ofthe king's household. 2. 1he ancient title of the six clerks ofchancery in England. family, n. (l4c) 1. A group of persons connected by blood, by affinity, or by law, esp. within two or three generations. 2. A group consisting ofparents and their children. 3. A group of persons who live together and have a shared commitment to a domestic relationship. See RELATIVE. familial, adj. blended family. (1985) The combined families of persons with children from earlier marriages or rela tionships. extended family. (1942) l. The immediate family together with the collateral relatives who make up a clan; GENS. 2. The immediate family together with collateral relatives and close family friends. immediate family. (l8c) 1. A person's parents, spouse, children, and siblings. 2. A person's parents, spouse, children, and Siblings, as well as those ofthe person's spouse. Stepchildren and adopted children are usu. immediate family members. For some purposes, such as taxes, a person's immediate family may also include the spouses ofchildren and siblings. intact family. A family in which both parents live together with their children. family allowance. See ALLOWANCE (1). Family and Medical Leave Act. A 1993 federal statute providing that employees may take unpaid, job-pro tected leave for certain family reasons, as when a family member is sick or when a child is born. 29 USCA 2601 et seq. The statute applies to businesses with 50 or more employees. An employee may take up to 12 weeks ofunpaid leave per year under the FMLA.

50 or more employees. An employee may take up to 12 weeks ofunpaid leave per year under the FMLA. Abbr. FMLA. Cf. FAMILY LEAVE. [Cases: Labor and Employment family arrangement. (1817) An informal agreement among family members, usu. to distribute property in a manner other than what the law provides for. 680 family-automobile doctrine Also termed family settlement. [Cases: Descent and Distribution C=>82.) family-automobile doctrine. See FAMILY-PURPOSE RULE. family-autonomy doctrine. See PARENTAL-AUTONOMY DOCTRINE. family-car doctrine. See FAMILY-PURPOSE RULE. family compact. See COMPACT. family corporation. See close corporation under COR PORATION. family council. See FAMILY MEETING. family court. See COURT. family-court judge. See JUDGE. family disturbance. See DOMESTIC DISPUTE. Family Division. English law. A section of the High Court that has jurisdiction over family matters such as divorce and custody and over uncontested probate matters. Family Educational Rights and Privacy Act. An act that prescribes minimum standards for the mainte nance and dissemination of student records by edu cational institutions. 20 USCA 1232g. It applies only to schools that receive federal funding. -Abbr. FERPA. -Also termed Buckley Amendment. [Cases: Colleges and Universities C=>9.40; Records C=>31.) family-expense statute. (1901) 1. A state law that permits a charge against the property of a spouse for family debts such as rent, food, clothing, and tuition. [Cases: Husband and Wife 19(1).) 2. A section of the federal tax code providing that a person may not deduct expenses incurred for family, living, or personal purposes. IRC (26 USCA) 262. See NECESSARIES. [Cases: Internal Revenue C=>3364.) family farmer. See FARMER. family-farmer bankruptcy. See CHAPTER 12 (2). family home. A house that was purchased during marriage and that the family has resided in, esp. before a divorce . In some jurisdictions, the court may award the family home to the custodial parent until (1) the youngest child reaches the age of 18 or is otherwise emancipated, (2) the custodial parent moves, or (3) the custodial parent remarries. In making such an award, the court reasons that it is in the best interests of the child to remain in the family home. -Also termed marital home; marital residence. [Cases: Divorce 252.5.) family-income insurance. See INSURANCE. family law. (1919) 1. The body of law dealing with marriage, divorce, adoption, child custody and support, child abuse and neglect, paternity, juvenile delin quency, and other domestic-relations issues. -Also termed domestic relations; domestic-relations law. 2. (More broadly) the bodies oflaw dealing with wills and estates, property, constitutional rights, contracts, employment, and finance as they relate to families. family leave. (1981) An unpaid leave of absence from work taken to have or care for a baby or to care for a sick family member. See FAMILY AND MEDICAL LEAVE ACT. [Cases: Labor and Employment C=>350, 351.) family meeting. Hist. Civil law. 1. An advisory council called to aid the court in a family-law matter, such as arrangement of a guardianship for a minor or an incompetent adult . Ifa person had no relatives, the court could summon friends of the person instead. 2. A council of relatives of a minor assembled to advise the minor in his or her affairs and to help administer the minor's property. -Also termed family council. [Cases: Guardian and Ward C=>9.) family of marks. Trademarks. A group of trademarks that share a recognizable characteristic so that they are recognized by consumers as identifying a single source. An example of a family of marks is the variety of marks beginning with Mc-and identifying items served at McDonald's restaurants. [Cases: Trademarks C=> 1060.) family ofnations. Int'llaw. The community ofcountries to which international law applies . This term is now obsolescent. It is increasingly rejected as Eurocentric. '''The family of nations' is an aggregate of States which, as the result of their historical antecedents, have inherited a common civilisation, and are at a similar level of moral and political opinion." Thomas E. Holland, The Elements of jurisprudence 396 (13th ed. 1924). family partnership. See PARTNERSHIP. family-partnership rules. (1946) Laws or regulations designed to prevent the shifting of income among partners, esp. family members, who may not be dealing at arm's length. family-pot trust. See TRUST. family-purpose rule. (1927) Torts. The principle that a vehicle's owner is liable for injuries or damage caused by a family member's negligent driving . Many states have abolished this rule. -Also termed family-pur pose doctrine;family-automobile doctrine;family-car doctrine. Cf. GUEST STATUTE. [Cases: AutomobilesC=> 195(5).) "A number of jurisdictions have adopted the socalled 'family purpose' doctrine, under which the owner of a motor vehicle purchased or maintained for the pleasure of his family is liable for injuries inflicted by the negligent operation of the vehicle while it is being used by members of the family for their own pleasure, on the theory that the vehicle is being used for the purpose or business for which it was kept, and that the person operating it is there fore acting as the owner's agent or servant in using it." 8 Am. Jur. 2d Automobiles and Highway Traffic 715, at 296 (1997). family reunification. See REUNIFICATION. family settlement. See FAMILY ARRANGEMENT. family shelter. See women's shelter under SHELTER. family support. A combined award ofchild support and alimony that does not apportion the amount of each. [Cases: BankruptcyC=>3365; Child Support C=>140(1); Divorce C=>230; Internal Revenue C=>3288.) 681 Family Support Act of 1988. A federal statute requiring states to develop and implement child-support gUide lines. 42 USCA 667. See CHILD-SUPPORT GUIDELINES. [Cases: Child Support C:142-148.] family trust. See TRUST. family violence. See domestic violence under VIOLENCE. famosus (f<l-moh-s<ls), adj. [Latin] Hist. 1. (Of a state ment) having a defamatory character. 2. (Of an action) involving infamy if the defendant lost the case. famosus libellus (f<l-moh-s<ls li-bel-<'ls). [Latin] Roman law. 1. A libelous writing. 2. The species ofinjury that is caused by libeL famous mark. Seefamous mark under TRADEMARK. famous trademark. See TRADEMARK. fanciful mark. See fanciful trademark under TRADE MARK. fanciful term. See fanciful trademark under TRADE MARK. fanciful trademark. See TRADEMARK. Fannie Mae (fan-ee may). See FEDERAL NATIONAL MORTGAGE ASSOCIATION. FAPE. abbr. Free appropriate public education . lhis is a right of children with disabilities to have access to free education, guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act. See 34 C.P.R. 100.33; 34 C.F.R. 300.13. [Cases: Schools (;::;:0 148(2).] FAR. (often pl.) abbr. FEDERAL AVIATION REGULATION <the pilot violated several FARs before the crash>. farley (fahr-Iee). Hist. Money paid by a tenant in lieu of a chattel (or heriot) . The term invariably referred to a tenant in the west ofEngland. See HERIOT. farm, n. (l4c) 1. Land and connected buildings used for agricultural purposes. 2. Hist. Rent . By extension, the term came to mean the land for which the rent was paid. Also termed and spelled ferm; fearm; firme. farm, vb. (I5c) 1. To cultivate land; to conduct the business of farming. 2. To lease. See FARM OUT. Farm Credit Administration. An independent federal agency that regulates and examines the borrower owned banks and cooperative associations that make up the Federal Farm Credit System . The agency was created in 1929 under the title "Federal Farm Board," became an agency in the Department of Agriculture in 1933, and again became independent in 1971. - Abbr. FCA. See FEDERAL FARM CREDIT SYSTEM. [Cases: United States farmee. See FARMOUTEE. farmer. (14c) A person whose business is farming. family farmer. A person or entity whose income and debts primarily arise from a family-owned and -operated farm; esp., a person who received more than 80% ofgross income from a farm in the taxable year immediately preceding a Chapter 12 filing. Only a farmoutee family farmer can file for Chapter 12 bankruptcy. 11 USCA 101(18). See CHAPTER 12. [Cases: Bankruptcy farmer bankruptcy. See CHAPTER 12 (2). Farmers' Home Administration. An agency, formerly in the U.S. Department ofAgriculture, responsible for making mortgages and insuring loans to farmers and for funding rural public-works projects . The agency was abolished in 1994, and its functions were assumed by other agencies in the Department -Abbr. FmHA; FHA. [Cases: United States (;=>53(7).) farminee. See FARMOUTEE. farming operation. (1859) Bankruptcy. A business engaged in farming, tillage of soil, dairy farming, ranching, raising of crops, poultry, or livestock, and production of poultry or livestock products in an unmanufactured state. 11 USCA 101(21). See CHAPTER 12. [Cases: Bankruptcy (;=>2021.1.] farminor. See FARMOUTOR. farm let, vb. Hist. To lease; to let land for rent. To farm let is a phrasal verb that commonly appeared in real property leases; it corresponds with its Latin root, ad firmam tradidi. "A lease is properly a conveyance of any lands or tene ments, (usually in consideration of rent or other annual recompense) made for life, for years, or at will, but always for a less time than the lessor hath in the premises: for if it be for the whole interest, it is more properly an assign ment than a lease. The usual words of operation in it are, 'demise, grant, and to farm let; dimisi, concessi, et ad firmam tradidi." 2 William Blackstone, Commentaries on the Laws ofEngland 317-18 (1766). farmor. See FARMOUTOR. farm out, vb. (17c) 1. To turn over something (such as an oil-and-gas lease) for performance by another. The term evolved from the Roman practice oftransferring the right to collect taxes to a third party for a fee. That practice continued in England, Scotland, and France, but it has been long abolished. 2. Hist. To lease for a term. 3. To exhaust farmland, esp. by continuously raising a single crop. farmout agreement. Oil & gas. An agreement by which one who owns an oil-and-gas lease (the farmoutor or farmor) agrees to assign to another (the farmoutee or farmee) an interest in the lease in return for drilling and testing operations on the lease . For the farmor, the agreement either (1) maintains the lease by securing production or complying with the implied covenant to develop or offset, or (2) obtains an interest in pro duction without costs. For the farmee, the agreement obtains acreage that is not otherwise available or at lower cost than would otherwise be possible. A farmout agreement may also serve as a device to keep people and equipment gainfully employed. Often short ened to farmout. -Also written farm out agreement; farm-out agreement. See ASSIGNMENT. [Cases: Mines and Minerals (;=>74(8).] farmoutee (fahrm-ow-tee). An oil-and-gas sublessee to whom the lease is assigned for purposes of drilling a farmoutor 682 well. Also termedfarmee;farminee. [Cases: Mines and Minerals (;::::/74(8).] farmoutor (fahrm-ow-tor or -t<}r). An oil-and-gas lessee who assigns the lease to another, who agrees to drill a well. -Also spelled farmouter. -Also termed farmor; farminor. [Cases: Mines and Minerals (;:='74(8).] farm products. Crops, livestock, and supplies used or produced in farming or products ofcrops or livestock in their unmanufactured states, if they are in the pos session of a debtor engaged in farming. UCC 9-102(a) (34). Cf. growing crops under CROPS. [Cases: Secured Transactions <>17.] Farm Service Agency. An agency in the U.S. Depart ment

Cases: Secured Transactions <>17.] Farm Service Agency. An agency in the U.S. Depart ment of Agriculture responsible for administering farm-commodity, crop-insurance, and resource-con servation programs for farmers and ranchers and for making or guaranteeing farm emergency and operating loans through a network ofstate and county offices. Abbr. I;SA. [Cases: United States C=j 53(8).J farthing of land (fahr-thing). Hist. An area of land measured as one-quarter of a larger area (much as a farthing was one-quarter of a penny). - A farthing of land ranged from a quarter of a hide to a quarter of an acre. farvand (fahr-vand). Hist. Maritime law. Voyage or passage by water under a charterparty. Faryndon's Inn. Hist. The ancient name of Serjeants' Inn. See SER]EANTS' INN. FAS. abbr. 1. FREE ALONGSIDE SHIP. 2. FETAL ALCOHOL SYNDROME. 3. FOREIGN AGRICULTURAL SERVICE. fas (fas), n. [Latin] Roman law. 1. Moral law of divine origin; divine law . Jus, by contrast, is created by man. See JUS. 2. What is right, proper, lawful, and permit ted. Cf. NEFAS. "The first element to be noted in the Roman composite existing in primitive times, when religion and law were not distinguished, is fas -the will of the gods, embodied in rules that regulated not only ceremonials but the conduct of all men as such." Hannis Taylor, The Science ofJurispru detice 6S (1908). "It is true that the two spheres of ius and fas overlapped. , .. All this, however, concerned merely the question of where to draw the line between ius and fas; it did not blur the distinction between the two. From the standpoint of the history of Roman law. this distinction, consciously made from very early times, was of great importance, since it enabled the Romans to delimit the scope and the contents of strictly legal rules. This attitude may occasionally have caused a certain cold aloofness from purely human problems, but it undoubtedly contributed to the clarity of the legal system." Hans Julius Wolff, Roman Law: An Historical Introduction 51-52 (1951). FASB (faz-bee). abbr. FINANCIAL ACCOVNTING STAN DARDS BOARD. FASB statement. An official pronouncement from the Financial Accounting Standards Board establishing a given financial-accounting practice as acceptable. lCases: Securities Regulation (;::::/25. 18.J fascism. A totalitarian political ideology under which all economic and social aspects of life come under rigid government control or direction, and the state's inter ests supersede individual interests. fast estate. See real property under PROPERTY. fasti (fas-tr). [Latin] Roman law. 1. The days on which court can be held . In this sense,fasti is a shortened form of dies fasti. 2. A calendar of days on which court can be held. See dies fasti under DIES. fast land. See LAND. fast-tracking, n. (1996) A court's method of accelerating the disposition of cases in an effort to clear its docket. -For example, a judge might order that all discovery must be finished within 90 days and that trial is set for 30 days later. See ROCKET DOCKET. fast-track, vb. fatal, adj. (14c) 1. Ofor relating to death; prodUcing death <the decision had fatal consequences> <fatal blow>. 2. Providing grounds for legal invalidity <a fatal defect in the contract>. fatal defect. See DEFECT. fatal error. See reversible error under ERROR (2). fatal variance. See VARIANCE (1). fate and transport. Environmental law. Ihe physical condition and migration of contaminants and hazard ous materials along environmental pathways such as air, water, and soil. father. (bef. 12c) A male parent. See PARENT. (Cases: Parent and Child (;::::/ 1.] acknowledged father. Ihe admitted biological father of a child born to unmarried parents. See ACKNOWLEDG MENT (I). [Cases: Children Out-of-Wedlock C~~12.] adoptive father. See adoptive parent under PARENT. biological father. (1951) The man whose sperm impreg nated the child's biological mother. Also termed natural father; birth father; genetic father. [Cases: Children Out-of-Wedlock <>1.] birth father. See biological father. de facto father. See de facto parent under PARENT. filiated father. The proven biological father ofa child born to unmarried parents. See FILIATION. foster father. Seefoster parent under PARENT. genetic father. See biological father. godfather. See GODPARENT. intentional father. See intentional parent under PARENT. legal father. (I6c) The man recognized by law as the male parent of a child . A man is the legal father of a child ifhe was married to the child's natural mother when the child was born, if he has recognized or acknowledged the child, or ifhe has been declared the child's natural father in a paternity action. Ifa man consents to the artificial insemination ofhis wife, he is the legal father ofthe child that is born as a result of the artificial insemination even though he may not be the genetic father ofthe child. [Cases: Children Out of-Wedlock <>12,68; Parent and Child 20.] 683 natural father. See biological father. presumed father. (I937) The man presumed to be the father ofa child for any ofseveral reasons: (1) because he was married to the child's natural mother when the child was conceived or born (even though the marriage may have been invalid), (2) because the man married the mother after the child's birth and agreed either to have his name on the birth certificate or to support the child, or (3) because the man welcomed the child into his home and held out the child as his own. This term represents a complicated category, and state laws vary in their requirements. See PRE SUMPTION OF PATERNITY. Children Out-of- Wedlock C=:3, 43; Infants 172.J psychological father. See psychological parent under PARENT. putative father (pyoo-t<}-tiv). (16c) The alleged bio logical father of a child born out of wedlock. [Cases: Children Out-of-Wedlock stepfather. (bef. 12c) The husband of one's mother by a later marriage. -Formerly also termed vitricus. [Cases: Parent and Child C=> 14.] fatherly power. See patria potestas under POTESTAS. Fatico hearing (fat-<}-koh). (1979) Criminal procedure. A sentencing hearing at which the prosecution and the defense may present evidence about what the defen dant's sentence should be. United States v. Fatico, 603 F.2d 1053 (2d Cir. 1979). [Cases: Sentencing and Pun ishment C=>325, 985.] fatuum judicium (fach-oo-<}m joo-dish-ee-;)m). [Latin] A foolish judgment or verdict. fauces terrae (faw-seez ter-ee). [Latin "narrow passage of the land"] A body of water that experiences tides and is partially enclosed by land. -Ihis includes inlets, rivers, harbors, creeks, bays, basins, and similar aquatic bodies. fault. (13c) 1. An error or defect of judgment or of conduct; any deviation from prudence or duty result ing from inattention, incapacity, perversity, bad faith, or mismanagement. See NEGLIGENCE. Cf. LIABILITY. 2. Civil law. The intentional or negligent failure to maintain some standard ofconduct when that failure results in harm to another person. contractual fault. Civil law. Fault resulting from the intentional or negligent failure to perform an enforce able obligation in a contract. delictual fault. Civil law. Fault resulting from inten tional or negligent misconduct that violates a legal duty. inscrutable fault. Maritime law. Fault ascribed solely to human error but for which no responsible party or parties can be identified. [Cases: Collision C=:23.] "Inscrutable fault' exists when a collision clearly resulted from human fault but the court is unable to locate it or allocate the fault among the parties." Atkins v. Lorentzen, 328 F.2d 66, 69 (5th Cir. 1964). fault-based liability. See fault liability under FAULT. favor negotii fault divorce. See DIVORCE. fault-first method. (1996) A means by which to apply a settlement credit to a juryverdict, by first reducing the amount ofthe verdict by the percentage ofthe plaintiff's comparative fault, then subtracting from the remainder the amount ofany settlements the plaintiff has received on the claim. See SETTLEMENT CREDIT. Cf. SETTLE MENT-FIRST METHOD. [Cases: Damages C=:63.] faultless pardon. See PARDON. fault liability. See LIABILITY. fault of omission. (17c) Negligence resulting from a negative act. See negative act under ACT; NONFEA SANCE. Fauntleroy doctrine. The principle that a state must give full faith and credit to another state's judgment, ifthe other state had proper jurisdiction, even though the judgment is based on a claim that is illegal in the state in which enforcement is sought. Fauntleroy v. Lum, 210 U.S. 230, 28 S.Ct. 641 (1908). [Cases: Judgment C=>815, 817.] fautor (faw-t<}r). Hist. 1. An abettor or supporter; an active partisan. 2. A person who encourages resistance to execution of process. faux (foh), adj. [Law French] Hist. False or counterfeit. faux (foh), n. [French "false"] Civil law. The fraudulent alteration of the truth. See CRIMEN FALSI. faux action. A false action. See PLEADING. faux money. Counterfeit money. faux peys (foh pay). [French] False weights. See FALSE WEIGHT. [Cases: Weights and Measures C=: 10.] faux serement (foh ser-mahn). [French] A false oath. favor, n. See BIAS. favored beneficiary. See BENEFICIARY. favored nation. See MOST FAVORED NATION. favored-nation clause. See MOST-FAVORED-NATION CLAUSE. favorite of the law. (ISe) A person or status entitled to generous and preferential treatment in legal doctrine. "It has long been said that the surety is a favorite ofthe law and his contract strictissimi-juris." Laurence P. Simpson, Handbook on the Law ofSuretyship 94 (1950). favoritism. (18c) Preference or selection, usu. invidi ous, based on factors other than merit. See NEPOTISM; PATRONAGE. Cf. DISCRIMINATION. favor legitimationis (fay-v;)r b-jit-<}-may-shee-oh-nis). [Latin "(in) favor oflegitimacy"] The principle that a court should attempt to uphold a child's legitimacy. favor matrimonii (fay-vdr ma-tr;)-moh-nee-I). [Latin "(in) favor of marriage"] The principle that a court should attempt to uphold the validity ofa marriage. favor negotii (fay-v;)r ni-goh-shee-I). [Latin "(in) favor of business"] The principle that favors upholding a contract against a construction that would render the contract illegal or unenforceable. 684 favor patemitatis favorpaternitatis (fay-vJr pJ-tJr-nJ-tay-tis). [Latin "(in) favor of paternity"] The principle that a court should interpret facts so as to uphold the paternity ofa child. favor solutionis (fay-vJr $J-Ioo-shee-oh-nis). [Latin "(in) favor ofpayment"] Conflict oflaws. The principle that a contract should be interpreted according to the appli cable law governing performance. favor testamenti (fay-vJr tes-tJ-men-tI). [Latin "(in) favor of the testament"] The principle that a court should attempt to uphold a will's validity. fax, n. (1948) 1. A method oftransmitting over telephone lines an exact copy ofa printing. 2. A machine used for such transmission. -Also termed telecopier. 3. The communication sent or received by such a machine. Also termedfacsimile; (in senses 1 & 3) facsimile trans mission. fax, vb. FBI. abbr. FEDERAL BUREAU OF INVESTIGATION. FCA. abbr. 1. FARM CREDIT ADMINISTRATION. 2. FREE CARRIER. F. Cas. abbr. Federal Cases, a series ofreported decisions (1789-1880) predating the Federal Reporter. FCC. abbr. FEDERAL COMMUNICATIONS COMMISSION. FCFAA. abbr. FEDERAL COMPUTER FRAUD AND ABUSE ACT. FCIC. abbr. FEDERAL CROP INSURANCE CORPORATION. FCJ. abbr. Failure to comply with a judgment imposed for a traffic violation. -The defendant's driver's license is suspended until the FCJ is remedied and the fines and fees are

The defendant's driver's license is suspended until the FCJ is remedied and the fines and fees are paid. FCPV. abbr. Failure to comply with parking-violation tickets. _ If a person has a certain number of unpaid parking tickets (often six) within a jurisdiction, the person will be barred from obtaining or renewing a driver's license. FDA. abbr. FOOD AND DRUG ADMINISTRATION. f/d/b/a. abbr. Formerly doing business as. FDCA. abbr. FOOD, DRUG, AND COSMETIC ACT. FDCPA. abbr. See FAIR DEBT COLLECTION PRACTICES ACT. FDIC. abbr. FEDERAL DEPOSIT INSURANCE CORPORA TION. feal (fee-<ll), adj. Archaic. Faithful; truthful. Also termedfefe. fealty (feel-tee or fee-dl-tee). (14c) Hist. In feudal law, the allegiance that a tenant or vassal owes to a lord. Also termedfeodality. "There was the possibility that if the entire top layer of the structure revolted, the king might be deprived of all support. To meet this possibility, the king also bound directly to himself all the important men in the lower strata of the [feudal] structure by an oath of loyalty. This was particularly effective for in medieval times the oath of fealty had all the sanction of the church, and in addition due to the necessity for feudal organization in times of disorder, had also a popular sanction in public opinion so that the man who broke his oath to his lord was one of the most execrable men to be found in the whole social organization." Charles Herman Kinnane, A First Book on Ang/o-American Law 248 (2d ed. 1952). fearm. See FARM. fear-of-cancer claim. Torts. A tort claim founded on a plaintiff's mental anguish or emotional distress arising from the fear ofdeveloping cancer, where either (1) the plaintiff was exposed to asbestos or other carcinogenic agents, or (2) a physician's negligence gave rise to a potentially cancerous condition or permitted a cancer to develop unchecked. -The plaintiff must demon strate (1) actual exposure to a disease-causing agent, and (2) the reasonableness ofthe emotional distress. See Winik v. Jewish Hasp. ofBrooklyn, 293 N.E.2d 95 (N.Y. 1972); Ferrara v. Galluchio, 152 N.E.2d 249 (N.Y. 1958). -Also termed cancerphobia claim. feasance (fee-zdnts), n. (16c) The doing or execution of an act, condition, or obligation. Cf. MALFEASANCE; MIS FEASANCE; NONFEASANCE. -feasor, n. feasant (fez-Jnt or fee-zJnt). Archaic. Doing or causing. See DAMAGE FEASANT. feasibility standard. (1978) Bankruptcy. The requirement that, to obtain bankruptcy-court approval, a Chapter II reorganization plan must be workable and have a reasonable likelihood ofsuccess. [Cases: Bankruptcy C=-3559.] feasor (fee-zJr), n. (1808) An actor; a person who commits an act. See TORTFEASOR. feast, n. (13c) 1. Roman law. An established holiday or festival in the ecclesiastical calendar, used as a date in a legal instrument. 2. Hist. One of four principal days (feasts) of the year: March 25, the annunciation of the Virgin Mary; June 24, the birth ofJohn the Baptist; September 28, the feast of St. Michael the Archangel; and December 21, the feast ofSt. Thomas the Apostle. The four feast days were used as fixed dates (called "quarter-da for paying rent; before 1875, they were used as a e point to set terms ofcourts. Also termed feast day;feast-day. featherbedding. (1921) A union practice designed to increase employment and guarantee job security by requiring employers to hire or retain more employees than are needed. _ The practice stems from employ ees' desire for job security in the face oftechnological improvement. Featherbedding is restricted by federal law but is an unfair labor practice only if, for example, a union exacts pay from an employer for services not performed or not to be performed. FEC. abbr. FEDERAL ELECTION COMMISSION. FECA. abbr. FEDERAL EMPLOYEES' COMPENSATION ACT. feciaies, n. See FETIALES. feciallaw. See FETIAL LAW. Fed. abbr. 1. FEDERAL. 2. FEDERAL RESERVE SYSTEM. Fed. Appx. abbr. FEDERAL APPENDIX. Fed. Cir. abbr. UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT. 685 federal, adj. (18c) Ofor relating to a system ofassociated governments with a vertical division of governments into national and regional components having differ ent responsibilities; esp., ofor relating to the national government of the United States. -Abbr. Fed. Federal Acquisition Regulation. (usu. pI.) A federal regulation that governs contracting methods, require ments, and procedures with the federal government. 48 CFR ch. 1. Also termed Federal Procurement Regula tion. [Cases: United States C=>64.5.] federal act. A statute enacted by the U.S. Congress. See FEDERAL LAW. federal agency. See AGENCY (3). federal appeal. See APPEAL. Federal Appendix. A set of reports containing all the full-text "unpublished" opinions that West receives from the federal circuit courts of appeals. -These are the opinions not designated for publication in the Federal Reporter. Coverage began January 1, 2001. Abbr. Fed. Appx. Federal Arbitration Act. A federal statute providing for the enforcement of private agreements to arbitrate disputes related to interstate commercial and maritime matters. Under the Act, arbitration agreements are enforced in accordance with their terms, just as other contracts are. The Act supersedes substantive state laws that frustrate enforcement of arbitration agreements but does not apply to matters of procedure. 9 USCA 1-16. Abbr. FAA. -Also termed United States Arbitration Act. [Cases: Alternative Dispute Resolu tion C=> 114.] Federal Aviation Act. A federal law establishing the Federal Aviation Administration (FAA) to be respon sible for regulation of aircraft and air travel, including aircraft safety, certification of aircraft personnel, and airport development. 49 USCA 44720 et seq. [Cases: Aviation (;.;;)32.] Federal Aviation Administration. The federal agency charged with regulating air commerce, promoting civil aviation and a national system of airports, achieving efficient use of navigable airspace, developing and operating a common system of air-traffic control and air navigation, and developing and implementing programs and regulations relating to environmental effects ofcivil aviation . The Federal Aviation Agency was established in 1958.49 USCA 106. Its name was changed when it became a part of the Department of Transportation in 1967. The FAA was formerly charged with promoting safety in air transportation, but that task was transferred to the Transportation Security Administration after the terrorist attacks of 11 Sept. 2001. Abbr. FAA. -Formerly also termed Federal Aviation Agency. [Cases: Aviation Federal Aviation Regulation. (usu. pi.) A federal regu lation governing the safety, maintenance, and piloting of civil aircraft. 14 CFR ch. 1. -Abbr. FAR. [Cases: Aviation e=123.l.j Federal Deposit Insurance Corporation Federal Bureau ofInvestigation. A division of the U.S. Department ofJustice charged with investigating all violations of federal laws except those speCifically aSSigned to another federal agency. Abbr. FBI. Federal Bureau of Prisons. The U.S. government unit responsible for the custody and care of federal offend ers, whether incarcerated in federal correctional and detention centers or in state-run or privately operated facilities. The Bureau was established in 1930 to cen tralize federal-prison administration and ensure con sistency in prison operations. [Cases: Prisons federal census. See CENSUS. Federal Circuit. See COURT OF APPEALS FOR THE FEDERAL CIRCUIT. federal citizen. See CITIZEN. Federal Claims, U.S. Court of. See UNITED STATES COURT OF FEDERAL CLAIMS. federal-comity doctrine. (1976) The principle requir ing federal district courts to refrain from interfering in each other's affairs. [Cases: Federal Courts C=> 1143.] federal common law. See COMMON LAW (1). Federal Communications Commission. An indepen dent federal commission that regulates interstate and foreign communications by radio, television, wire, satellite, and cable. The commission was created by the Communications Act of 1934.47 USCA 151 et seq. Abbr. FCC. [Cases: Telecommunications 612.] Federal Computer Fraud and Abuse Act. A law estab lishing civil liability for gaining unauthorized access to a computer and causing damage to that computer. _ Damage is statutorily defined to include harm to the computer's data, programs, systems, and information either by compromising integrity or by impairing avail ability. Abbr. FCFAA. [Cases: Telecommunications C=>1342.] federal court. See COURT. federal crime. (1860) A criminal offense under a federal statute. Most federal crimes are codified in Title 18 of the U.S. Code. Federal Crop Insurance Corporation. A federally char tered corporation that protects farmers against finan ciallosses from crop failure due to adverse weather conditions. insect infestation, plant disease, floods, fires, and earthquakes by encouraging the sale ofinsur ance through licensed agents and brokers and by rein suring private companies that issue insurance under brand names. Created by the Agricultural Adjust ment Act of 1938. the Corporation operates under the general supervision ofthe Secretary ofAgriculture. Abbr. FCrc. Federal Deposit Insurance Corporation. A federal corporation that protects bank and thrift deposits by insuring accounts up to $100,000, examining banks that are not members of the Federal Reserve System, and liquidating failed institutions . It was established 686 Federal Election Commission in 1933 and began insuring banks in 1934. -Abbr. FDIC. [Cases: Banks and Banking C=501-508.] Federal Election Commission. A ten-member inde pendent federal commission that certifies payments to qualifying presidential campaigns in primary and general elections and to national-nominating conven tions, audits campaign expenditures, and enforces laws requiring public disclosure of financial activities of presidential campaigns and political parties . It was established by the Federal Election Campaign Act of 1971. 2 USCA 437c. Abbr. FEC. [Cases: Elections C='309.] Federal Emergency Management Agency. A unit in the Department of Homeland Security responSible for coordinating all emergency-preparedness activities of the federal government through its ten regional offices. FEMA also operates the National Flood Insurance Program and is responSible for fire protection and arson control. It was established as an independent agency by Executive Order 12127 of 31 Mar. 1979 and became a unit in the Department of Homeland Security in 2003. Abbr. FEMA. [Cases: United States C=82(5).j Federal Employees' Compensation Act. A workers' compensation law for federal employees. 5 USCA 8101-8152 Abbr. FECA. See WORKERS' COMPENSA TION. [Cases: Workers' Compensation C=262, 374.] federal-employer-identification number. See TAX-IDEN TIFICATION NUMBER. Federal Employers' Liability Act. A workers'-compen sat ion law that provides death and disability benefits for employees of railroads engaged in interstate and foreign commerce. 45 USCA 51-60 -Abbr. FELA. [Cases: Labor and Employment ~2572; Workers' Compensation federal enclave. See ENCLAVE. Federal Energy Regulatory Commission. An indepen dent five-member commission in the U.S. Department ofEnergy responsible for licensing hydroelectric-power projects and for setting interstate rates on (1) transport ing and selling natural gas for resale, (2) transporting and selling electricity at wholesale, and (3) transport ing oil by pipeline. _ Itwas created by the Department ofEnergy Organization Act of 1977. As enforcer ofthe Natural Gas Act, it succeeded the Federal Power Com mission. -Abbr. FERC. [Cases: Electricity C=1; Gas Federal Farm Credit Bank. One of a svstem of feder ally chartered institutions created to p~ovide credit to farm-related enterprises . The banks resulted from a merger of federal land banks and federal intermediate credit banks. They are supervised by the Farm Credit Administration. [Cases: United States C-=>53(7).] Federal Farm Credit Banks Funding Corporation. A federal corporation that man

-=>53(7).] Federal Farm Credit Banks Funding Corporation. A federal corporation that manages the sale of Federal Farm Credit System securities in the money and capital markets and also provides advisory services to banks in the Federal Farm Credit System. Federal Farm Credit System. The national cooperative system of banks and associations providing credit to farmers, agricultural concerns, and related businesses. The system consists of the banks for cooperatives, the farm credit banks, and the Federal Farm Credit Banks Funding Corporation. It is supervised by the Farm Credit Administration and was Originally capi talized by the federal government. The system is now self-funding and owned by its member-borrowers. [Cases: United States C=53(7).] Federal Food Stamp Act. A federally funded program that provides needy families with financial assistance in obtaining a nutritionally adequate diet. The Secretary of Agriculture administers the Act. [Cases: Agricul ture~2.6.J federal-funds rate. The interest rate at which banks lend to each other overnight. ]he loans are usu. made by banks with excess reserves to those with temporarily insufficient reserves. Often shortened to fed funds. Also termed fed-funds rate. federal government. See GOVERNMENT. Federal Highway Administration. An agency in the U.S. Department of Transportation responsible for granting aid to states for highway construction and improve ment; providing matching grants to states for highway safety programs; uniformity among the states in commercial motor-carrier registration and taxation; regulating the safety of motor carriers operating in interstate commerce; and training employees of state and local agencies engaged in highway work backed by federal aid. Abbr. FHWA. [Cases: Highways 99.1.] Federal Home Loan Bank. One of 12 federally char tered banks created in 1932 to extend secured loans (advances) to savings institutions that are members of the system and to community financial institu tions that finance small businesses, small farms, and small agribusinesses . The banks are supervised by the Federal Housing Finance Board. -Abbr. FHLB. Sometimes shortened to home loan bank. [Cases: Banks and Banking Federal Home Loan Bank Board. See FEDERAL HOUSING FINANCE BOARD. Federal Home Loan Mortgage Corporation. A corpo ration that purchases both conventional and federally insured first mortgages from members of the Federal Reserve System and other approved banks. -Abbr. FHLMC. -Also termed Freddie Mac. Federal Housing Administration. The HCD division that encourages mortgage lending by insuring mortgage loans on homes meeting the agency's standards. - Abbr. FHA. See DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. [Cases: United States C:::>82(3.3).] Federal Housing Finance Board. A five-member independent federal board that supervises the 12 Federal Home Loan Banks . Formerlv known as the Federal Home Loan Bank Board, it wa~ established by the Federal Home Loan Bank Act of 1932. That Act was amended by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. 12 USCA 1421 et seq. federal instrumentality, n. L A means or agency used by the national government. [Cases: United States 53.] 2. A national agency or other entity immune from state control. Federal Insurance Contributions Act. The federal act imposing the sOcial-security tax on employers and employees. IRC (26 USCA) 3101-3127. Abbr. FICA. [Cases: Internal Revenue C=::>4376, 4377.] federal intermediate credit bank. See BANK. federalism. (1787) The legal relationship and distribution of power between the national and regional govern ments within a federal system ofgovernment. cooperative federalism. (1947) Distribution ofpower between the federal government and the states in which each recognizes the powers of the other while jointly engaging in certain governmental functions. [Cases: States C:::)4.19.] ourfederalism. See OUR FEDERALISM. Federalist Papers. A series of85 essays written by Alex ander Hamilton, John Jay, and James Madison (under the pseudonym Publius) expounding on and advocat ing the adoption of the U.S. Constitution . Most of the essays were published in 1787 and 1788. Also termed The Federalist. Federalist Society. A national association oflawyers, law students, and others committed to conservative and libertarian viewpoints on political and social matters . The group is based in Washington, D.C. Cf. NATIONAL LAWYERS GUILD. Federal Judicial Center. An agency in the judicial branch of the federal government responSible for research ing judicial administration and for training judges and employees of the federal judiciary . Its director is appointed by a seven-member board presided over by the Chief Justice of the United States. 28 USCA 620. -Abbr. FJC. Federal Judicial Code. The portion (Title 28) of the U.S. Code dealing with the organization, jurisdiction, venue, and procedures of the federal court system, as well as court personnel, and the Department of Justice. federal jurisdiction. See rURISDICTION. federal-juvenile-delinquency jurisdiction. See JURIS DICTION. Federal Kidnapping Act. A federal law punishing kid napping for ransom or reward when the victim is trans ported interstate or internationally . The law presumes that a victim has been transported in violation of the law if the victim is not released within 24 hours. The Federal Kidnapping Act, by express provision, does not apply to the kidnapping of a minor by either parent. The law was enacted in 1932 after the son of aviator Charles Lindbergh was kidnapped and murdered. For this reason, it is also termed the Lindbergh Act. 18 USCA 1201. -Also termed Lindbergh Act. Cf. PARENTAL KIDNAPPING PREVENTION ACT. [Cases: Kid napping C=::> 14.] "The Federal Kidnapping Act was passed in 1932 to dose a dangerous loophole between state and federal law. At that time, marauding bands of kidnappers were preying upon the wealthy with ruthless abandon, seizing their victims for ransom while operating outside the reach of existing state laws. Knowing that authorities in the victim's home state were powerless once a hostage was transported across state lines, the criminals would kidnap their target in one state, then move quickly to the next. In response, Congress made kidnapping a federal crime when the victim was moved from one state to another, and comprehensive language was used to cover every possible variety of kid napping followed by interstate transportation." 1 Am. Jur. 2d Abduction and Kidnapping 14, at 185 (1994). Federal Labor Relations Authority. An agency that protects the right of federal employees to organize, engage in collective bargaining, and select their own union representatives . Itwas established under Reor ganization Plan No.2 of 1978 and began operating in 1979.5 USCA 7101-35. -Abbr. FLRA. [Cases: Labor and Employment c=::>1650.] federal labor union. See UNION. federal land. See LAND. Federal Land Bank. (1914) One of a system of 12 regional banks created in 1916 to provide mortgage loans to farmers. The system is now merged with federal inter mediate credit banks to create the Federal Farm Credit System. [Cases: Banks and Banking United States C=::>S3(7).] federal law. (18c) The body oflaw consisting of the U.S. Constitution, federal statutes and regulations, U.S. treaties, and federal common law. Cf. STATE LAW. Federal Law Enforcement Training Center. An inter agency law-enforcement training facility responsible for serving over 70 law-enforcement organizations in the federal government. The Center was transferred from the Department of the Treasury to the Depart ment of Homeland Security in 2003. Abbr. FLETC. federal magistrate. UNITED STATES MAGISTRATE rUDGE. Federal Maritime Commission. An independent federal agency that regulates the waterborne foreign and domestic commerce ofthe United States by (1) ensuring that U.S. international trade is open to all countries on fair and equitable terms, (2) guarding against unau thorized monopolies in U.S. waterborne commerce, and (3) ensuring that financial responsibility is main tained to clean up oil spills and indemnify injured pas sengers. The Agency was established in 1961. Its five commissioners are appointed by the President with the advice and consent of the Senate. -Abbr. FMC. [Cases: Shipping C=::>3, 14.] Federal Maritime Lien Act. A statute that confers an automatic lien on anyone who provides a vessel with of a wide range of goods and services. 46 USCA -Abbr. FMLA. [Cases: Maritime Liens 688 Federal Mediation and Conciliation Service Federal Mediation and Conciliation Service. An inde pendent federal agency that tries to prevent the inter ruption of interstate commerce that could result from a labor-management dispute by helping the parties reach a settlement without resorting to a job action or strike. The Service can intervene on its own author ityor at the request of a party to the dispute. It also helps employers and unions select qualified arbitrators. The Service was established by the Labor Management Relations Act of 1947.29 USCA 172. Abbr. FMCS. Cf. NATIONAL MEDIATION BOARD. Federal Mine Safety and Health Review Commis sion. An independent five-member commission that (1) monitors compliance with occupational safety and health standards in the nation's surface and under ground coal, metal, and nonmetal mines, and (2) adjudicates disputes that arise under the Federal Mine Safety and Health Amendments Act of 1977. It was established in 1977.30 USCA 801 et seq. -Abbr. FMSHRC. [Cases: Labor and Employment C=>2571.J Federal Motor Carrier Safety Administration. A unit in the U.S. Department ofTransportation responsible for regulating the operation oflarge trucks and buses. Abbr. FMCSA. [Cases: Automobiles C=> 116, 127.] Federal National Mortgage Association. A privately owned and managed corporation chartered by the U.S. government that provides a secondary mortgage market for the purchase and sale of mortgages guaran teed by the Veterans Administration and those insured under the Federal Housing Administration. -Abbr. FNMA. Also termed Fannie Mae. [Cases: United States Federal Parent Locator Service. A federal program created to help enforce child-support obligations . In an effort to increase the collection of child support, Congress authorized the use of all information con tained in the various federal databases to help locate absent, delinquent child-support obligors. Although initially information could be released only if the family was receiving public assistance, any judgment obligee can now apply to receive the last known address ofa delinquent child-support obligor. 42 USCA 653. Abbr. FPLS. Federal Power Commission. See FEDERAL ENERGY REG ULATORY COMMISSION. federal preemption. See PREEMPTION (5). federal prison camp. A federal minimum-security deten tion facility . Federal prison camps, which often do not have walls or fences, usu. house nonviolent inmates who are serving sentences shorter than a year plus one day and who are not considered escape risks. Federal Procurement Regulation. See FEDERAL ACQUI SITION REGULATION. Federal Protective Service. A law-enforcement agency in the U.S. Department ofHomeland Security respon sible for protecting ambassadors, diplomatic staffs, and embassy property . It was transferred from the General Services Administration in 2003. federal question. In litigation, a legal issue involving the interpretation and application ofthe U.S. Consti tution, an act of Congress, or a treaty . Jurisdiction over federal questions rests with the federal courts. 28 USCA 1331. [Cases: Federal Courts (;~161-247.] federal-question jurisdiction. See rURISDICTION. Federal Railroad Admiuistration. A unit in the U.S. Department of Transportation responsible for promul gating and enforcing rail-safety regulations; adminis tering rail-related financial-aid programs; conducting research on rail safety; and rehabilitating rail passen ger service for the Northeast corridor. Abbr. FRA. [Cases: RailroadsC=>223.] Federal Register. A daily publication containing presi dential proclamations and executive orders, federal agency regulations of general applicability and legal effect, proposed agency rules, and documents required by law to be published . The Federal Register is pub lished by the National Archives and Records Adminis tration. -Abbr. Fed. Reg. [Cases: Administrative Law and Procedure <::=:'407.] federal regulations. See CODE OF FEDERAL REGULA TIONS. Federal Reporter. See F. (1). Federal Reporter Second Series. See F.2D. Federal Reporter Third Series. See F.3D. Federal Reserve Board of Governors. The board that supervises the Federal Reserve System and sets national monetary and credit policy . The board consists of seven members nominated by the President and con firmed by the Senate for 14-year terms. Often short ened to Federal Reserve Board. Abbr. FRB. federal reserve note.

for 14-year terms. Often short ened to Federal Reserve Board. Abbr. FRB. federal reserve note. (1913) The paper currency in cir culation in the United States . Non-interest-bear ing promissory notes are payable to their bearer on demand. The Federal Reserve Banks issue the notes in denominations of $1, $2, $5, $10, $20, $50, and $100. Until 1945, the United States Mint also printed $500, $1,000, $5,000, and $10,000 bills. Although the Federal Reserve System discontinued using bills larger than $100 in 1969, the outstanding bills remain legal tender. 31 USCA 5103. Cf. GOLD CERTIFICATE; SILVER CER TIFICATE. Federal Reserve System. The central bank that sets credit and monetary policy by fixing the reserves to be maintained by depository institutions, determining the discount rate charged by Federal Reserve Banks, and regulating the amount of credit that may be extended on any security. The Federal Reserve System was established by the Federal Reserve Act of 1913. 12 USCA 221. It comprises 12 central banks supervised by a Board of Governors whose members are appOinted by the President and confirmed by the Senate. -Abbr. FRS; Fed. [Cases: Banks and Banking C=>351-359.] "The Federal Reserve System of 1913 evolved out of a search for consensus among bankers, politicians, and some academic experts. It was a move toward 'central bank' regulation in the European sense .... [The System] 689 seemed to resolve the outstanding problems in money and banking. Federal Reserve banknotes could grow with expanding commercial paper and economic prosperity, and assure a more adequate, reliable monetary growth." William A. Lovett, Banking and Finane/a/Institutions Law in a Nutshell 14-15 (1997). Federal Retirement Thrift Investment Board. A board that administers the Thrift Savings Plan that allows federal employees to save additional funds for retire ment. It was established in 1986. 5 USCA 8472. - Abbr. FRTIB. [Cases: United States ~39(15).1 Federal Rules Decisions. See F.R.D. Federal Rules Enabling Act. A 1934 statute granting the U.S. Supreme Court the authority to adopt rules of civil procedure for federal courts . For the rulemak ing power offederal courts today, see 28 USCA 2071, 2072. See also Fed. R. Civ. P. 83; Fed. R. Crim. P. 57. [Cases: Federal Civil Procedure~31.J Federal Rules of Appellate Procedure. The rules gov erning appeals to the U.S. courts ofappeals from lower courts, some federal-agency proceedings, and applica tions for writs. -Abbr. Fed. R. App. P.; FRAP. [Cases: Federal Courts ~522.1 Federal Rules of Bankruptcy Procedure. The rules gov erning proceedings instituted under the Bankruptcy Code. Abbr. Fed. R. Bankr. P. [Cases: Bankruptcy Federal Rules of Civil Procedure. Ihe rules governing civil actions in the U.S. district courts. Abbr. Fed. R. Civ. P.; FRCP. [Cases: Federal Civil Procedure "Chief Justice Hughes in 1935 appointed fourteen lawyers and law teachers as the Advisory Committee for the Federal Rules of Civil Procedure, with William D. Mitchell, former Attorney General, as chairman, and Charles E. Clark, then dean of the Yale Law School, as reporter, to recommend a draft of rules uniting law and equity. The committee proposed a system of rules that was approved by the Court with certai n changes. In accordance with the Enabling Act, the rules were submitted to Congress for its acquiescence and, Congress having taken no exception to them, they became effective September 16, 1938. "The rules thus produced bear the unmistakable imprint of the reporter, Charles E. Clark, and represent the largest single accomplishment in American civil procedure since the Field Code of 1848. Although they were not perfect and have been amended many times, experience with them has on the whole been satisfactory, and more than half of the states have adopted them in their entirety or in large part." Fleming James, Geoffrey C. Hazard Jr. &John Leubsdorf, Civil Procedure 1.8, at 24-25 (5th ed. 2001). Federal Rules ofCriminal Procedure. The rules govern ing criminal proceedings in the U.S. district courts. - Abbr. Fed. R. Crim. P. [Cases: Federal Civil Procedure Federal Rules of Evidence. The rules governing the admiSSibility ofevidence at trials in federal courts. - Abbr. Fed. R. Evid.; FRE. [Cases: Federal Civil Proce dure Federal Savings and Loan Insurance Corporation. A federal agency created in 1934 to insure deposits in savings-and-loan associations and savings banks. Federal Trademark Dilution Act When this agency became insolvent in 1989, its assets and liabilities were transferred to an insurance fund managed by the FDIC. -Abbr. FSLIC. See RESOLU TION TRUST CORPORATION. [Cases: Building and Loan Associations federal sentencing guidelines. See UNITED STATES SEN TENCING GUIDELINES. federal state. See STATE. federal statute. See FEDERAL ACT. Federal Supplement. See F.SUPP. Federal Supplement 2d. See F-S'tJPP.2D. Federal Supply Service. A unit in the General Services Administration responSible for providing supplies to federal agencies worldwide . In procuring supplies the agency takes advantage ofthe government's aggregate buying power. Abbr. FSS. Federal Technology Service. A unit in the General Services Administration that provides communica tions services worldwide to other federal departments and agencies. Abbr. FTS. Federal Tort Claims Act. A statute that limits federal sovereign immunity and allows recovery in federal court for tort damages caused by federal employees, but only ifthe law of the state where the injury occurred would hold a private person liable for the injury. 28 USCA 2671-2680 -Abbr. FTCA. See sovereign immunity under IMMUNITY (1). [Cases: United States <:::=78.J "Although it has been suggested that the maxim, 'the King can do no wrong' never had an existence in the United States, it has also been declared that in enacting the Federal Tort Claims Act, Congress recognized the manifold injustice that springs from the delimiting effect of the rule represented by that maxim. And it is said that in passing the Act, Congress intended to compensate the victims of negligence in the conduct of governmental activities in circumstances in which a private person would be liable, rather than leave just treatment to the caprice and legisla tive burden of individual private laws, and to eliminate the burden on Congress of investigating and passing on private bills seeking individual relief." 35 Am. Jur. 2d Federal Tort Claims Act 1, at 296 (1967). Federal Trade Commission. An independent five-mem ber federal commission that administers various laws against business monopolies, restraint of trade, and deceptive trade practices . It was established by the Federal Trade Commission Act of 1914. 15 USCA 41-58. The Commission's body of rulings reaches into many state-law actions because many so-called "Little FTC Acts" of the states specify that FTC interpretations should provide a model for state-court decisions. Abbr. FTC. [Cases: Antitrust and Trade Regulation ~300.J Federal Trademark Act. See LANHAM ACT. Federal Trademark Dilution Act. A 1995 amendment to the Lanham Act (Trademark Act of 1946) that provides additional remedies against the dilution of famous trademarks. 15 USCA 1125(c). -Sometimes short ened to Dilution Act. Abbr. FTDA. [Cases: Trade marks 0=>1450-1473.J federal transfer. The federal district court's right to move a civil action filed there to any other district or division where the plaintiff could have brought the action originally. 28 USCA 1404(a). See CHANGE OF VENUE. [Cases: Federal Courts C=>101-146, 1152.] Federal Transit Administration. A unit in the U.S. Department ofTransportation responsible for increas ing public-transit ridership through demonstration projects and financial assistance. -Abbr. FTA. Federal Unemployment Tax Act. The federal statute requiring employers to remit taxes based on employ ees' wages and salaries. 18 USCA 1201 et seq. -Abbr. FUTA. [Cases: Internal Revenue C=>4351.] federation. (18c) A league or union ofstates, groups, or peoples united under a strong central authority but retaining limited regional sovereignty, esp. over local affairs. Cf. CONFEDERATION. fed funds. See FEDERAL FUNDS RATE. fed-funds rate. See FEDERAL FUNDS RATE. Fed. R. App. P. abbr. FEDERAL RULES OF APPELLATE PROCEDURE. Fed. R. Bankr. P. abbr. FEDERAL RULES OF BANKRUPTCY PROCEDURE. Fed. R. Civ. P. abbr. FEDERAL RULES OF CIVIL PROCE DURE. Fed. R. Crim. P. abbr. FEDERAL RULES OF CRIMINAL PROCEDURE. Fed. Reg. abbr. FEDERAL REGISTER. Fed. R. Evid. abbr. FEDERAL RULES OF EVIDENCE. Fed Wire. The Federal Reserve's computer network that allows nearly instantaneous domestic money and securities transfers among the Federal Reserve's offices, depository institutions, the U.S. Treasury, and other government agencies. [Cases: Banks and Banking C=> 188.5.] fee. (14c) 1. A charge for labor or services, esp. profes sional services. attorney's fees. See ATTORNEY'S FEES. contingentfee. See CONTINGENT FEE. docket fee. (1836) A fee charged by a court for filing a claim. expert-witness fee. A fee paid for the professional services ofan expert witness. [Cases: Costs C=> 187.] fixed fee. (18c) 1. A flat charge for a service; a charge that does not vary with the amount of time or effort required to complete the service. 2. In a construction contract, a predetermined amount that is added to costs for calculating payments due under the contract. [Cases: Contracts C=>231(1).] franchise fee. (1894) 1. A fee paid by a franchisee to a franchisor for franchise rights . Franchise fees are regulated by state laws. 2. A fee paid to the govern ment for a government grant of a franchise, such as the one required for operating a radio or television station. [Cases: Telecommunications C=>798, 1215.] juryfee. (1806) A fee, usu. a minimal one, that a party to a civil suit must pay the court clerk to be entitled to a jury trial. [Cases: Jury C=>26.] loan-origination fee. A fee charged by a lender to cover the administrative costs of making a loan. maintenance fee. See MAINTENANCE FEE. management fee. A fee charged by an investment manager for supervisory services. origination fee. (1921) A fee charged by a lender for pre paring and processing a loan. [Cases: Usury C=>53.] probate fee. Compensation paid with a probate court's approval to an attorney who performs probate-related services to the estate. [Cases: Executors and Admin istrators C=>216(2).] success fee. A bonus paid to a representative who performs exceptionally well in gaining favorable results; esp., a bonus that a client pays to an attorney if the attorney obtains something ofvalue to the client. For instance, a client might agree to pay a success fee for success in litigation, for favorable negotiations in a transaction, or for the successful conclusion of a corporate merger, acquisition, or loan. See CONDI TIoNAL FEE AGREEMENT. [Cases: Attorney and Client C=>130,143.] witness fee. 1. A statutory fee that must be tendered with a subpoena for the subpoena to be binding. [Cases: Witnesses C=>23.] 2. A fee paid by a party to a witness as reimbursement for reasonable expenses (such as travel, meals, lodging, and loss of time) incurred as a result of the witness's having to attend and testify at a deposition or trial. Any other payment to a nonexpert witness is considered unethical. -Also termed (in English law) conduct money. Cf. expert witness fee. 2. A heritable interest in land; esp., a fee simple absolute. -Also termed fee estate; feod; feodum; feud; feudum;fief See FEE SIMPLE. Cf. FEU. [Cases: Estates in Property C=>5-7.] "To enfeoff someone was to transfer to him an interest in land called a fief -or, if you prefer, a feoff, feod, or feud. Our modern word fee, a direct lineal desc

ief -or, if you prefer, a feoff, feod, or feud. Our modern word fee, a direct lineal descendant of fief, implies the characteristic of potentially infinite duration when used to describe an interest in land today; but in the earliest part of the feudal period, a fiefmight have been as small as a life interest. We shall see later that feoffment was not used to transfer interests 'smaller' than life interests e.g., so-called terms for years -but for our purposes now we may simply note that transfers of interests for life or 'larger' were accomplished by livery of seisin." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 11 (2d ed. 1984). arriere fee (ar-ee-air or ar-ee-;Jr). Hist. A fee dependent on a superior one; a subfief. -Also termed arriere fief base fee. (16c) A fee that has some qualification con nected to it and that terminates whenever the qual ification terminates. An example of the words creating a base fee are "to A and his heirs, tenants of the manor of Tinsleydale," which would terminate when A or his heirs are no longer tenants ofthe manor 691 of Tinsleydale. Among the base fees at common law are the fee simple subject to a condition subsequent and the conditional fee. -Also termed determinable fee; qualified fee; limited fee. Seefee simple determin able under FEE SIMPLE. "A base fee is a particular kind of determinable fee, The two essentials of a base fee are (a) it continues only so long as the original grantor or any heirs of his body are alive; and (b) there is a remainder or reversion after it, , , , In effect a base fee was a fee simple which endured for as long as the entail would have continued if it had not been barred, and determined when the entail would have ended," Robert E, Megarry & M,P. Thompson, A Manual of the Law of Real Property 38-40 (6th ed. 1993), determinable fee. See base fee. fee expectant. Rare. A fee tail created when land is given to a man and wife and the heirs oftheir bodies. See FRANKMARRIAGE. fee simple. See FEE SIMPLE. fee tail. See FEE TAIL. great fee. Hist. In feudal law, a fee received directly from the Crown. knight'sfee. See KNIGHT'S FEE. layfee. Hist. A fee interest in land held by ordinary feudal tenure, such as socage, rather than byeccle siastical tenure through frankalmoin. See FRA~KA LMOIN; SOCAGE. limited fee. See base fee. plowman's fee. Rist. A species of tenure for peasants or small farmers by which the land descended in equal shares to all the tenant's sons. qualified fee, See base fee. quaSi-fee. Hist. An estate in fee acquired wrongfully. fee damages. See DAMAGES. feeder organization. Tax. An entity that conducts a business or trade for the benefit of a tax-exempt orga nization . The feeder organization is not tax-exempt. IRC (26 USCA) 502. [Cases: Internal Revenue C:=> 4067.] fee estate. See FEE (2). fee farm. Rist. A species of tenure in which land is held in perpetuity at a yearly rent (fee-farm rent), without fealty, homage, or other services than those in the feoffment. Also termed feodi firma;firma feodi. See EMPHYTEUSIS. "Now to all appearance the term socage, a term not found in Normandy, has been extending itself upwards; a name appropriate to a class of cultivating peasants has begun to include the baron or prelate who holds land at a rent but is not burdened with military service. , , . He is sometimes said to have feodum censuale: far more commonly he is said to hold 'in fee farm.' This term has difficulties of its own, for it appears in many different guises; a feoffee is to hold in feofirma, in fel,lfirmam, in fedfirmam, in feudo firmam, in feudo firma, ad firmam feadalem, but most commonly, in feadi firma. The Old English language had fee simple whatever may be the precise history of the phrase, to hold in fee farm means to hold heritably, perpetually, at a rent; the fee, the inheritance, is let to farm." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time Of Edward' 293 (2d ed. 1899). fee-farm rent. See RENTCHARGE. fee interest. 1. See FEE. 2. See FEE SIMPLE. 3. See FEE TAIL. 4. Oil & gas. Ownership of both the surface interest and the mineral interest. feemail (fee-mayl). (1994) Slang. 1. An attorney's fee extorted by intimidation, threats, or pressure. 2. The act or process of extorting such a fee. Cf. BLACKMAIL (1); GRAYMAIL; GREENMAIL (I), (2). fee-sharing. See FEE SPLITTING. fee-shifting, n. The transfer of responsibility for paying fees, esp. attorney's fees, from one party to another. See AMERICAN RULE (1); ENGLISH RULE. [Cases: Internal Revenue C:=>4351.j fee simple. (l5c) An interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs; esp., a fee simple absolute. -Often shortened to fee. -Also termed estate in fee simple; tenancy in fee; fee-Simple title; exclusive ownership;feudum simplex. See AND HIS HEIRS. [Cases: Estates in Property~--:;5-7.1 "[Fee simple] is a term not likely to be found in modern conversation between laymen, who would in all probabil ity find it quite unintelligible, Yet to a layman of the 14th century the term would have been perfectly intelligible, for it refers to the elementary social relationship of feudal, ism with which he was fully familiar: the words 'fee' and 'feudal' are closely related ... , The estate in fee simple is the largest estate known to the law, ownership of such an estate being the nearest approach to ownership of the land itself which is consonant with the feudal principle of tenure, It is 'the most comprehensive estate in land which the law recognises'; it is the 'most extensive in quantum, and the most absolute in respect to the rights which it confers, of all estates known to the law', Traditionally, the fee simple has two distinguishing features: first, the owner ('tenant' in fee simple) has the power to dispose of the fee simple, either inter vivos or by Will; second, on intestacy the fee simple descends, in the absence of lineal heirs, to collateral heirs to a brother, for example, if there is no issue," Peter Butt, Land Law 35 (2d ed. 1988). "Fee simple. Originally this was an estate which endured for as long as the original tenant or any of his heirs survived. 'Heirs' comprised any blood relations, although originally ancestors were excluded; not until the Inheritance Act 1833 could a person be the heir of one of his descendants. Thus at first a fee simple would terminate ifthe original tenant died without leaving any descendants or collateral blood relations (e.g., brothers or cousins), even if before his death the land had been conveyed to another tenant who was still alive, But by 1306 it was settled that where a tenant in fee simple alienated the land, the fee simple would continue as long as there were heirs of the new tenant and so on, irrespective of any failure of the original tenant's heirs, Thenceforward a fee simple was Virtually eternal." Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 24-25 (6th ed. 1993), both 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 found in various shapes, firmam fedium, feudifirmam. But, heirs"), Often shortened to fee simple or fee. 692 fee-simple title Also termed fee simple absolute in possession. [Cases: Estates in Property (;::=>5.) "Although it is probably good practice to use the word 'absolute' whenever one is referring to an estate in fee simple that is free of special limitation, condition subse quent. or executory limitation, lawyers frequently refer to such an estate as a 'fee simple' or even as a 'fee.'" Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 24 (2d ed. 1984). fee simple conditional. (l7c) An estate restricted to some specified heirs, exclusive of others (e.g., "to Albert and his female heirs"). -The fee simple con ditional is obsolete except in Iowa, Oregon, and South Carolina. -Also termed general fee conditional; COIl ditionalfee. [Cases: Estates in Property (;::=>7.] "The reader should be careful not to confuse this estate with estates having similar labels, such as the 'estate in fee simple subject to a condition subsequent' ...." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 29 n.19 (2d ed. 1984). fee simple defeasible (di-fee-z<l-b<ll). (I8c) An estate that ends either because there are no more heirs of the person to whom it is granted or because a special limitation, condition subsequent, or executory limita tion takes effect before the line of heirs runs out. Also termed defeasible fee simple; qualified fee. [Cases: Estates in Property (;::=>6.] fee simple determinable. (18c) An estate that will automatically end and revert to the grantor ifsome specified event occurs (e.g., "to Albert and his heirs while the property is used for charitable purposes"); an estate in fee simple subject to a special limitation. _ The future interest retained by the grantor is called a possibility ofreverter. -Also termed determinable fee; qualified fee;fee simple subject to common-law limitation;fee Simple subject to speciallimitation;fee simple subject to special interest; base fee; estate on limitation. [Cases: Estates in Property (;::=>6.] "In theory, it should be easy to determine whether an instrument creates a fee simple determinable or a fee simple subject to a condition subsequent. If the instrument includes a special limitation (introduced by words such as 'so long as' or 'until') it creates a fee simple determinable, whether or not it also includes an express reverter clause. If the instrument includes an express condition or proviso ('on condition that' or 'provided that') and an express right to re-enter for breach of the stated condition, it creates a fee simple subject to a condition subsequent. But deeds and wills often fail to employ the appropriate words to create one of the twO types of defeasible estate or the others. Instead deeds and wills often contain a confusing mixture of words appropriate for creation of both types of defeasible estate." William B. Stoebuck & Dale A. Whitman, The Law of Property 43 (3d ed. 2000). fee simple subject to a condition subsequent. (1874) An estate subject to the grantor's power to end the estate if some specified event happens (e.g., "to Albert and his heirs, upon condition that no alcohol is sold on the premises"). _ The future interest retained by the grantor is called a power oftermination (or a right of entry). -Also termed fee simple on a condition sub sequent; fee simple subject to a power oftermination; fee simple upon condition. [Cases: Estates in Property C~:::07.] fee simple subject to an executory limitation. (1856) A fee simple defeasible that is subject to divestment in favor ofsomeone other than the grantor ifa speci fied event happens (e.g., "to Albert and his heirs, but if the property is ever used as a parking lot, then to Bob"). Also termed fee simple subject to an execu tory interest. [Cases: Estates in PropertyC=6.] fee simple subject to a power oftermination. See fee simple subject to a condition subsequent. fee simple subject to common-law limitation. See fee simple determinable. fee simple subject to special interest. See fee simple determinable. fee simple subject to special limitation. See fee simple determinable. fee simple upon condition. See fee simple subject to a condition subsequent. fee-simple title. See FEE SIMPLE. fee-splitting. I. The division ofattorney's fees between two or more lawyers, esp. between the lawyer who handled a matter and the lawyer who referred the matter. _ Some states consider this practice unethi cal. 2. The division of attorney's fees between two or more lawyers who represent a client jointly but are not in the same firm. -Under most states' ethics rules, an attorney is prohibited from splitting a fee with a nonlawyer. Also termed fee-sharing; division offees. [Cases: Attorney and Client (;::=> 151.] fee statement. A lawyer's bill for services either already rendered or to be rendered, usu. including itemized expenses. fee tail. (15e) An estate that is heritable only by specified descendants of the original grantee, and that endures until its current holder dies without issue (e.g., "to Albert and the heirs ofhis body"). -Most jurisdic tions except Delaware, Maine, Massachusetts, and Rhode Island have abolished the fee tail. -Also termed entailed estate; estate tail; estate in tail; estate in fee tail; tenancy in tail; entail;feodum talliatum. See ENTAIL; TAIL. [Cases: Estates in PropertyC=:

entail;feodum talliatum. See ENTAIL; TAIL. [Cases: Estates in PropertyC=: 12.] "The old estate tail was throughout its history invari ably with family settlements, and in particular with marriage settlements .... Medieval landowners sought to achieve [familial continuity and status] by perfecting a single estate which in itself would conform to three require ments: (1) While it should be an estate of inheritance it should devolve on lineal heirs only, and not on collater als in other words that it should descend only to the heirs ofthe body of the first (2) As a corollary, the estate should be such that at any time the first grantee's issue should fail the estate itself should come to an end and the land revert to the original settlor or his heirs. (3) No owner of the estate for the time being should have power to dispose of the land in such a way as to prevent it descending on his death to the next heir of the body of the original grantee. All this was attempted by limiting land, not to 'A and his heirs,' which would give A a fee simple, but to 'A and the heirs ofhis body.'" 1 Stephen's Commen taries on the Laws of Eng/and 150 (L. Crispin Warmington ed., 21st ed. 1950). "If we cannot resist the temptation to say that De Donis per mitted the creation of tailormade estates, we can at least argue that it is not a pun. Our word 'tailor' and the word 'tail,' as used in 'fee tail,' come from the same source -the French tailler, to cut. The word 'tail' in 'fee tail' has nothing to do with that which wags the dog. The estate in fee tail was a cut estate -either cut in the sense that the collateral heirs were cut out, or cut in the sense that the estate was carved into a series of discrete life possession periods to be enjoyed successively by A and his lineal heirs .... We know of no state in the United States that recognizes the estate in fee tail in its strict 1285-1472 form. Wherever it is recognized, the tenant in tail in possession may disentail it by simple deed." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 30, 32 (2d ed.1984). fee tail general. A fee tail that is heritable by all of the property owner's issue by any spouse . Formerly, a grant "to A and the heirs of his body" created a fee tail general. [Cases: Estates in Property (;:::12.J fee tail special. A fee tail that restricts the eligibility of claimants by requiring a claimant to prove direct descent from the grantee and meet the special con dition in the grant. For example, the words "to A and the heirs of his body begotten on his wife Mary" meant that only descendants of A and Mary could inherit; !\s children by any other wife were excluded. An estate tail special could also be restricted to only male or only female descendants, as in "to A and the heirs male of his body." [Cases: Estates in Property 12.J feign (fayn), vb. (Be) To make up or fabricate; to make a false show of <he feigned an illness>. feigned, adj. Pretended; simulated; fictitious. feigned accomplice. See INFORMANT. feigned action. Hist. An action brought for an illegal purpose on a pretended right. Also termed faint action;false action. feigned issue. Hist. A proceeding in which the parties, by consent, have an issue tried by a jury without actually bringing a formal action . The proceeding was done when a court either lacked jurisdiction or was unwill ing to decide the issue. Also termed fictitious issue. 'The chancellor's decree is either interlocutory or final. It very seldom happens that the first decree can be final, or conclude the cause; for, if any matter of fact is strongly controverted, this court is so sensible of the deficiency of trial by written depositions, that it will not bind the parties thereby, but usually directs the matter to be tried by jury .... But, as no jury can be summoned to attend this court, the fact is usually directed to be tried at the bar of the court of king's bench or at the assises, upon a feigned issue. For. (in order to bring it there, and have the point in dispute, and that only, put in issue) an action is feigned to be brought, wherein the pretended plaintiff declares that he laid a wager of 51. with the defendant that A was heir at law to B; and then avers that he is so; and there fore demands the 51. The defendant allows the wager, but avers that A is not the heir to B; and thereupon the issue is joined. , .. These feigned issues seem borrowed from the sponsio judicialis of the Romans: and are also frequently feigned recovery. See COMMON RECOVERY. FEIN. abbr. See TAX-IDENTIFICATION NUMBER. Feist doctrine. (1991) Copyright. The rule that "sweat of the brow" will not support U.S. copyright protection in an unoriginal collection offacts. Feist Pubs. v. Rural Tel. Servo Co., 499 U.S. 340, IllS. Ct. 1282 (1991). Cf. SWEAT-OF-THE-BROW DOCTRINE. [Cases: Copyrights and Intellectual Property e:-~12(2).] FELA (fee-I;)). abbr. FEDERAL EMPLOYERS' LIABILITY ACT. fele (feel). [Law French] See FEAL. fellow, n. l. One jOined with another in some legal status or relation. 2. A member of a college, board, corporate body, or other organization. fellow-officer rule. (1971) Criminal procedure. The prin ciple that an investigative stop or an arrest is valid even ifthe law-enforcement officer lacks personal knowledge to establish reasonable suspicion or probable cause as long as the officer is acting on the knowledge ofanother officer and the collective knowledge ofthe law-enforce ment office. Also termed Whiteley rule; collective knowledge rule. [Cases: Arrest C=>63.4(1l}.] fellow servant. A coworker having the same employer; esp., an employee who is so closely related to another employee's work that there is a special risk of harm if either one is negligent. See FELLOW-SERVANT RULE; DIFFERENT-DEPARTMENT RULE. superior fellow servant. A worker that has the power of control or direction over a coworker. Also termed superior servant. fellow-servant rule. (1905) A common-law doctrine holding that an employer is not liable for an employee's injuries caused by a negligent coworker . This doctrine has generally been abrogated by workers' -compensa tion statutes. In some jurisdictions, employees were considered fellow servants when they were working with one aim or result in view. In others, the relation of fellow servant was tested by the" doctrine of vice principal" or the "superior-servant rule," meaning that an employer is liable for injuries to an employee ifthey result from the negligence of another employee who is given power of control or direction over the injured employee. Also termed common-employment doctrine. Cf. DIFFERENT-DEPARTMENT RULE. [Cases: Labor and Employment C=>2921.J felo-de-se (fee-loh or fel-oh dee see), n. (17c) See SUICIDE (2). PI. felones de se. "'Felo de Sl!.,' or felon of himself is freely spoken of by the early writers as selfmurder. Hence one who killed himself before he arrived at the age of discretion or while he was non compos mentis, was not a felo de se, or suicide .... [Bly the early common law suicide was a felony and was punished by ignominious burial and forfeiture of goods and chattels to the king." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 120 (3d ed. 1982). used in the courts of law, by consent of the parties, to felon, n. (l3c) A person who has been convicted of a determine some disputed rights without the formality of felony. Also termed (redundantly) convicted felon. pleading .... 3 William Blackstone, Commentaries on the Laws ofEngland 452 (1768). felon-de-se. See SUICIDE (2). felonia (f;l-loh-nee-;.:,). [Latin "felony"} Hist. An offense that results in a vassal's forfeiting his fee. "The attempt to derive felonia from fel 'poison' is merely a folk etymology which came into vogue when 'felony' meant a serious crime, and differed from treason. The word was well established in Feudal Law as the character istic offense against the Feudal relationship. It will hardly do, therefore, to try to determine its meaning merely by reference to English usage ...." Max Radin, Handbook of AngloAmerican Legal History 148 n.7 (1936). felonious (f;.:,-loh-nee-;.:,s), adj. (l6c) 1. Of, relating to, or involving a felony. 2. Constituting or having the char acter ofa felony. 3. Proceeding from an evil heart or purpose; malicious; villainous. 4. Wrongful; (of an act) done without excuse or color of right. felonious assault. See ASSAULT. felonious homicide. See HOMICIDE. felonious intent. See criminal intent under INTENT (1). felonious restraint. (1971) 1. The offense of knowingly and unlawfully restraining a person under circum stances that expose the person to serious bodily harm. Model Penal Code 212.2(a). 2. The offense ofholding a person in involuntary servitude. Model Penal Code 212.2(b). [Cases: False Imprisonment felon ofoneself. See SUICIDE (2). felony, n. (l4c) 1. A serious crime usu. punishable by imprisonment for more than one year or by death. Examples include burglary, arson, rape, and murder. Also termed major crime; serious crime. Cf. MISDE MEANOR. [Cases: Criminal Law "Felony, in the general acceptation of our English law, com prizes every species of crime, which occasioned at common law the forfeiture of lands or goods." 4 William Blackstone, Commentaries on the Laws of England 94 (1769). "Amongst indictable crimes, the common law singled out some as being so conspicuously heinous that a man adjudged gUilty of any of them incurred not as any express part of his sentence but as a consequence that necessarily ensued upon it ~ a forfeiture of property, whether of his lands or of his goods or of both (in the case of treason). Such crimes came to be called 'felonies.' The other, and lesser, crimes were known as 'transgressions' or 'trespasses,' and did not obtain their present name of mis demeanours until a much later date. A felony is, therefore, a crime which either involved by common law such a forfei ture, or else has been placed by statute on the footing of those crimes which did involve it." J.W. Cecil Turner, Kennv's Outlines ofCriminal Law 93 (16th ed. 1952). atrocious felony. (1814) Archaic. A serious, usu. cruel felony involving personal violence. -The common practice today is to refer to the specific type ofcrime alleged (e.g., first-degree murder or aggravated sexual assault). serious felony. (1874) A major felony, such as burglary of a residence or an assault that causes great bodily injury. -In many jurisdictions, a defendant's prior serious-felony convictions can be used to enhance another criminal charge. [Cases: Sentencing and Pun ishment (;:::c 1254, 1276.J substantive felony. See substantive offense under OFFENSE (1). treason felony. See TREASON FELONY. violent felony. See violent offense under OFFENSE (1). 2. Hist. At common law, an offense for which convic tion results in forfeiture of the defendant's lands or goods (or both) to the Crown, regardless of whether any capital or other punishment is mandated. -At early common law, the term felony included any offense for which a defendant who fled before trial could be summarily convicted, attainted, and outlawed, or that carried a right of appeal after conviction. Although treason carried the same penalties as a common-law felony, it was usu. defined as a separate class ofcrime. 3. Hist. Feudal law. A grave act that resulted in the for feiture ofland granted by a superior. felony-de-se. See SUICIDE (1). felony injury to a child. The act ofcausing or allowing a child to suffer in circumstances likely to produce great bodily harm or death, or inflicting unjustifiable pain or mental suffering in those circumstances. [Cases: Infants <8= l3.) felony murder. See MURDER. felony-murder rule. (1943) The doctrine holding that any death resulting from the commission or attempted commission of a felony is murder. -Most states restrict this rule to inherently dangerous felonies such as rape, arson, robbery, and burglary. Cf. MISDEMEANOR-MAN SLAUGHTER RULE. [Cases: Homicide "[Ilt seems fair to suggest that the future of felony murder is uncertain. England, where the doctrine originated, has abolished it. The Model Penal Code recommends its abolition except for the purpose of creating a rebuttable presumption of malice for killings perpetrated during the course of a felony. Although most states have not yet adopted this pOSition, many

killings perpetrated during the course of a felony. Although most states have not yet adopted this pOSition, many of the judicial limitations on felony murder discussed above seem to insure that in many states it will be an unusual case in which one is convicted of felony murder, who absent this doctrine, would not have been convicted of murder." Arnold H. Loewy, Criminal Law in a Nutshell 46 (2d ed. 1987). FEMA. abbr. FEDERAL EMERGENCY MANAGEMENT AGENCY. female genital mutilation. (1979) 1. Female circumci sion. 2. The act ofcutting, or cutting off, one or more female sexual organs. _ Female genital mutilation is practiced primarily among certain tribes in Africa, but it also occurs among some immigrant populations in the United States and in other Western nations. 'Ihere are three commonly identified types: sunna, in which the hood of the clitoris is cut off; excision, in which the entire clitoris is cut off; and infibulation, in which the clitoris, the labia minora, and much of the labia majora are cut off. In the United States, Congress has outlawed female genital mutilation, specifically prohib iting the use ofa cultural defense for persons accused of performing the act. 18 USCA 16. Abbr. FGM. See CULTURAL DEFENSE. [Cases: Aliens, Immigration, and Citizenship <8=533.] fem-crit. See CRIT. 695 feme (fern), n. (16c) [Law French] Archaic. 1. A woman. 2. A wife. -Also spelled femme. feme covert (fern k;}v-;)rt). [Law French "covered woman"] Archaic. A married woman. _ The notion, as Blackstone put it, was that the husband was the one "under whose wing, protection, and cover, she performs every thing." 1 William Blackstone, Com mentaries on the Law of England 430 (1766). See COVERTURE. feme sole (fern sohl). [Law Prench) Archaic. 1. An unmarried woman. 2. A married woman handling the affairs of her separate estate. Also termed (in sense 2) feme sole trader;feme sole merchant. femicide (fem-;)-sId). (l9c) 1. The killing ofa woman. 2. One who kills a woman. feminist jurisprudence. See JURISPRUDENCE. femme. See FEME. fence, n. (14c) 1. A person who receives stolen goods, usu. with the intent to sell them in a legitimate market. [Cases: Receiving Stolen Goods C=:::4.] ''The receivers of stolen goods almost never 'know' that they have been stolen, in the sense that they could testify to it in a courtroom. The business could not be so conducted, for those who sell the goods the 'fences' must keep up a more respectable front than is generally possible for the thieves." United States v, Wernet', 160 F.2d 438, 441-42 (2d eir. 1947). ''The typical 'fence' takes over the stolen property and pays the thief a price. He purports to 'buy' the goods from the thief." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 395 (3d ed. 1982). 2. A place where stolen goods are sold. See RECEIVING STOLEN PROPERTY. 3. LAWFUL FENCE. 4. Scots law. The formal warning to not interrupt or obstruct judicial or legislative proceedings. 5. Scots law. A penalty of for feiture prescribed in a statute or a contract. fence, vb. 1. To sell (stolen property) to a fence. 2. Scots law. To open (a legislative or judicial sitting) by warning persons against obstructing or interrupting the legisla ture or court. 3. Scots law. To threaten with forfeiture as a consequence ofviolating a law or breaching a con tractual promise. fence-month. Hist. The summer fawning season when it was unlawful to hunt deer. Also termed defense- month. fencing patent. See PATENT (3). feneration (fen-J-ray-sh;)n). (16c) Hist. 1. The act or practice oflending money with interest. 2. USURY. fenus (fen-as), n. [Latin] Roman law. Simple interest. fenus nauticum. See :'ilAUTICUM FEN us. feod (fyood). 1. See FEE (2). 2. See FEUD. feodal (fyoo-dJI), adj. See FEUDAL. feodal action. See FEUDAL ACTION. feodality (fyoo-dal-;)-tee). See FEALTY. feodal system. See FEUDALISM. feoffer feodarum consuetudines (fee-;)-dair-;)m [or fyoo dair-Jm] kon-sw;)-t[y]oo-dJ-neez). See FEUOARAM CONSUETUDINES. feodary (fyoo-d;)-ree). (ISc) Hist. An officer ofthe Court ofWards who traveled with the escheator from county to county in order to receive royal rents and estimate the value ofland tenures for the Crown. See COURT OF WARDS A:'ilD LIVERIES. feodatory (fyoo-da-tor-ee). See FEUDATORY. feodifirma (fee-;)-dr or fyOO-dI f<lr-m;). See FEE FARM. feodi firmarius (fee-a-dl orfyoo-dI f;)r-mair-ee-as). Hist. The tenant ofa fee farm. feodum (fee-;)-d;)m or fyoo-d;)m). [Law Latin] Hist. 1. A fee; a heritable estate. "Feodum ... A fee; the same as feudum. This is the word uniformly employed by Glanville and Bracton to denote an estate of inheritance, and an estate held of another by service, instead of feudum, which is invariably used by the continental feudists." 1 Alexander M. Burrill, A Law Dictionary and Glossary 615 (2d ed. 1867). 2. Part of a lord's estate held by a tenant (Le., a sei gniory). See SEIGNIORY (2). 3. A payment for services rendered. feodum antiquum. See feudum antiquum under FEUDUM. feodum apertum. See feudurn apertum under FEUDUM. feodum laicum. Seefeudum laicum under FEUDUM. feodum militis (fee-;)-dJm or fyoo-dam mil-a-tis). Hist. A knight's fee. Also termedfeodum militare. feodum nobile (fee-J-d;)m or fyoo-dam noh-b<'l-lee). See feudum nobile under FEUDUM. feodum novum (fee-;)-d;)m or fyoo-d;)m noh-v;)m). See feudum novum under FEUDUM. feodum simplex (fee-a-d;)m or fyoo-d;lm sim-pleks). A fee simple. feodum talliatum (fee-;)-d;)m or fyoo-d;lm tal-ee-ay t;)m). A fee tail. Also spelledfeudum talliatum. feoff (fef or feef), vb. See ENFEOFF. feoffamentum (fee-[;)]-f;)-men-tJm). [Law Latin] Hist. See FEOFFMENT. feoffare (fee-[;)]-fair-ee), vb. [Law Latin) Hist. See ENFEOFF. feoffator (fee-[;)]-fay-t;)r). [Law Latin] Hist. See FEOFFOR. feoffatus (fee-[;)]-fay-t;)s). [Law Latin] Hist. See FEOFFEE. feoffee (fef-ee or feef-ee). (ISc) The transferee ofan estate in fee simple; the recipient ofa fief. feoffee to uses. Hist. A person to whom land is conveyed for the use of a third party (called a cestui que use); one who holds legal title to land for the benefit of another. See CESTUI QUE USE; GRANT TO USES. Cf. TRUSTEE (I). feoffer. See FEOFFOR. 696 feoffment feoffment (fef-mant or feef-mant). (I4c) Hist. 1. The act of conveying a freehold estate; a grant of land in fee simple. -Also termed feoffment with livery ofseisin. 2. The land so granted. 3. The charter that transfers the land. Also termed deed offeoffment. [Cases: Deeds feoffment to uses. An enfeoffment of land to one person for the use of a third party. The feoffee was bound in conscience to hold the land according to the pre scribed use and could derive no benefit from the holding. "Conveyances of freehold land could originally be made only by a feoffment with livery of seisin. This was a solemn ceremony carried out by the parties entering on the land, and the feoffor, in the presence of witnesses, delivering the seisin to the feoffee either by some symbolic act, such as handing him a twig or sad of earth, or by uttering some words such as 'Enter into this land and God give you joy' and leaving him in possession of the land." Robert E. Megarry & HW.R. Wade, The Law ofReal Property 47 (5th ed,1984), feoffment with livery ofseisin. See FEOFFMENT (1). feoffor (fef-or feef-ar or -or). The transferor ofan estate in fee simple. Also spelled feoffer. feorme (farm). Hist. A portion of the land's produce owed by the grantee to the lord according to the terms of a charter. ferae bestiae (feer-ee bes-tee-ee). [Latin] Roman law. Wild beasts . Since a wild animal belonged to no one (res nullius), its captor acquired ownership by occupa tio. See OCCIJPATIO. ferae naturae (feer-ee m-tyoor-ee). [Latin "of a wild nature"]t. adj. (Of animals) wild; untamed; undomes ticated. 2. n. Wild animals. See RULE OF CAPTURE (2). feral animal. See ANIMAL. FERC (brk). abbr. FEDERAl. ENERGY REGULATORY COM MISSION. FERC-out clause. Oil & gas. A provision in a contract to sell natural gas specifying that if a regulatory agency does not allow the price paid to the producer to be passed on to consumers, either the contract price will be reduced accordingly or the contract will be termi nated. -Also termed regulatory-out clause. ferdella terrae (far-del-a ter-ee). [Latin] His/. 1. Ten acres ofland. 2. A yard-land (twenty acres). ferdfare (fard-fair), n. [fr. Saxonfird "military service" + fare "a going"] Hist, 1. A summons to military service. 2. An exemption from military service. -Also spelled firdfare; fyrdfare. ferdingus (far-ding-gds). Hist. A freeman of the lowest class. Feres doctrine (feer-is or feer-eez or fer-ez). Torts. The rule that a member of the military is barred from recovering damages from the United States on a claim brought under the Federal Tort Claims Act for injuries sustained in military service. Feres v. United States, 340 U.S. 135,71 S.Ct. 153 (1950). -Also termed Feres rule. See ACTIVITY INCIDENT TO SERVICE. [Cases: United States C=-78(16).] feria (feer-ee-a), n. [Law Latin] Hist. 1. A weekday. 2. A holiday. 3. See ferial day under DAY. 4. A fair. 5. A ferry. feriae (feer-ee-I), n. pl. [Latin] Roman law. Religious and public holidays on which Romans suspended politics and lawsuits, and on which slaves enjoyed a partial break from labor. ferial day. See DAY. ferlingum. See FURLONG. ferlingus. See FURLONG. ferm. See FARM. fermer. [Law French] Hist. 1. A lessee, esp. one who holds lands for agricultural purposes. 2. One who holds something (such as land or an incorporeal right) by the term. FERPA. abbr. FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT. ferriage (fer-ee-ij). (14c) Hist. The toll or fare paid for the transportation of persons or property on a ferry. [Cases: Ferries C=-31.] ferry, n. (bef. 12c) 1. A boat or vessel used to carry persons or property across water, usu. with fixed ter minals and short distances. [Cases: Ferries C=-2.] 2. 1he commercial transportation ofpersons or property across water. [Cases: Ferries 3. The place where a ferry passes across water, including the continuation of the highway on both sides ofthe water. [Cases: Ferries C=-3.] 4. The right, usu. exclusive, given by govern ment franchise, to carry persons or property across water for a fee. Also termed ferry franchise. [Cases: Ferries ferry, vb. To carry persons or property, usu. across water, fora fee. ferry franchise. See FERRY (4).

persons or property, usu. across water, fora fee. ferry franchise. See FERRY (4). fertile-octogenarian rule. (1856) The legal fiction, assumed under the rule against perpetuities, that a woman can become pregnant as long as she is alive . The case that gave rise to this fiction was lee v. Audley, 1 Cox 324, 29 Eng. Rep. 1186 (ch. 1787). See W. Barton Leach, Perpetuities: New Hampshire Defertilizes Octo genarians, 77 Rarv. 1. Rev. 729 (1963). -Also termed presumption-ai-fertility rule. "Suppose testator bequeaths in trust to pay the income to A for her life, then to pay the income to the children of A for their lives, and upon the death of the survivor of such children, to pay the principal to the grandchildren of A. At the time of the testator's death A is 79 years old, and she has two children. Believe it or not, it has been held that the remainder to the grandchildren of A is violative of the rule against perpetuities and invalid. The law adopted the conclusive presumption that every person is capable of having children until the day he or she dies, as far as the rule against perpetuities is concerned. Consequently, A could have an additional child who would not be a life in being at the testator's death, and that child could have a child who would be born beyond the permissible period. The result of this hypothesis is to invalidate the remainder 697 feud to the grandchildren. This situation is sometimes referred to as the case of the 'fertile octogenarian: Remember that the class gift is invalid if it is possible that the interest of anyone member of the class can violate the rule." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 188 (2d ed. 1984). festing-man. Hist. A bondsman; a surety. See FRANK PLEDGE. festing-penny. Hist. Earnest, or payment, given to a servant when hired. festinum remedium (fes-tI-n;lm ri-mee-dee-;lm). [Latin] Hist. A speedy remedy . It was used in cases, such as actions for dower or assize, where the redress ofinjury was given without unnecessary delay. Festo doctrine. (2003) Patents. The rule that the vol untary narrowing of a patent claim may give rise to prosecution-history estoppel. Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 304 F.3d 1289 (Fed. Cir. 2003). [Cases: Patents (;::=c 168(2.2).] festuca (fes-tyoo-b). Hist. A rod, staff, or stick used as a pledge (or gage) ofgood faith by a party to a contract or as a token of conveyance ofland. In Roman law, a festuca was a symbol of ownership. Also termed fistuca; vindicta. See LIVERY OF SEISIN. "The wed or gage, however, was capable of becoming a symbol; an object which intrinsically was of trifling value might be given and might serve to bind a contract. Among the Franks, whom we must regard as being for many purposes our ancestors in law, it took the shape of the festuca. Whether this transition from the 'real' to the 'formal' can be accomplished without the intervention of sacral ceremonies seems doubtful. There are some who regard the festuca as a stout staff which has taken the place of a spear and is a symbol of physical power. Others see in it a little bit of stick on which imprecatory runes have been cut. It is hard to decide such questions, for, especially under the influence of a new religion, symbols lose their old meanings and are mixed up. Popular etymol ogy confounds confusion." 2 Frederick Pollock & Frederic W. Maitland, The History ofEnglish Law Before the Time of Edward 1186 (2d ed. 1899). festum (fes-t"m). [Latin] A feast-day, holiday, or festival. fetal alcohol syndrome. A variety of birth defects caused by the mother's alcohol consumption during preg nancy. The birth defects include facial abnormalities, mental retardation, and growth deficiencies. -Abbr. FAS. [Cases: Infants C::-'156, 179.] fetiales (fee-shee-ay-leez), n. pl. Roman law. The order of priests whose duties concerned international rela tions and treaties, including the declaration of war and peace. Also spelled feciales. "Feciales [were] ... priests among the Romans, Etruscans, and other ancient nations ofItaly, who acted as heralds of peace and war. Their persons were sacred from injury when engaged on any mission to a hostile state, as the persons ofambassadors, and messengers, under a flag of truce, are inviolate in the present time. Their duties in some few particulars resembled those of the heralds of the Middle Ages. The Roman feciales ... formed a kind of college of heralds, instituted by Numa Pompil ius, the second king of Rome, about 710 B.C" Beeton's Illustrated Dictionary ofReligion, Philosophy, Politics, and Law 240 (ca. 1880). fetiallaw (fee-sh;JI). (I6c) Roman law. A branch oflaw concerned with matters (such as treaties, embassies, and war declarations) affecting relations between peoples or nations. Also spelled feciallaw. Also termed jus fetiale. feticide (fee-t;J-sld). (1842) 1. The act or an instance of killing a fetus, usu. by assaulting and battering the mother; esp., the act of unlawfully causing the death of a fetus. 2. An intentionally induced miscarriage. Also spelled foeticide. Also termed child destruction. Cf. INFANTICIDE (1). feticidal, adj. fetter, n. (usu. pl.) (bef. 12c) A chain or shackle for the feet fetter, vb. fettering of property. The act of making the disposi tion or ownership of property more complex so that those with separate interests must cooperate if they are to handle their interests reasonably . Fettering of property occurs whenever ownership is split into two or more interests, as when present and future interests are divided or when a tenancy in common is created. [Cases: Perpetuities fetus. (14c) A developing but unborn mammal, esp. in the latter stages of development. -Also spelled foetus. Cf. EMBRYO; ZYGOTE. [Cases: Abortion and Birth Control (;::=c 106.J feu (fyoo), n. [fro Law Latinfeudum "a fee"] (ISc) 1. A right to land given to a person in exchange for service to be performed. 2. Scots law. Land held by a vassal in return for an annual payment in money, crops, or services(called feu duty) . This type of tenure was abol ished in Scotland in 2000. 3. Scots law. A perpetual grant ofland to be held in exchange for grain or money. 4. A perpetual lease for a fixed rent. 5. A piece of land held under a perpetual lease for a fixed rent. Also spelledfew. See FEE (2). feu, vb. -feu, adj. "Feu; in Latin feudum, was used to denote the feudal-hold ing, where the service was purely military; but the term has been used in Scotland in contradistinction to ward-holding, the military tenure of this country ... for, even in the purest ages of the military system, innumerable instances are to be found of grants of land in the feudal form, where the vassal annually delivered Victual, or performed agricultural services to his superior," William Bell, Bell's Dictionary and Digest ofthe Law ofScotland 456 (George Watson ed., 7th ed.1890). feu, vb. Scots law. To grant (land) by feu. feu annual. Scots law. The yearly return generated by a feu. feuar (fyoo-;Jr), n. (16c) Scots law. One who holds a feu. cr FEU; VASSAL. feu charter. Scots law. The charter creating a feu tenure. feud, n. (I5c) Hist. 1. A heritable estate in land conveyed from a feudal superior to a grantee or tenant, held on the condition of rendering services to the superior. "It is believed that the forms feud and fiefappear in England but late in the day under the influence of foreign books; feudal 698 they never became terms of our law. It is noticeable also that feodum was constantly used in the sense that our fee has when we speak of a lawyer's or doctor's fee; payments due for services rendered, at least if they are permanent periodic payments, are feoda; the judges, for example, receive feoda, not salaries. The etymological problem pre sented by the English fee seems no easy one, because at the Conquest the would-be Latin feodum or feudum (the d in which has puzzled philologists and does not always appear in Domesday Book) is introduced among a people which already has feoh as a word for property in general and cattle in particular." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 1236 n.2 (2d ed. 1899). impartible feud. An indivisible feud; a feud not subject to partition. See feudum individuum under FEUD. improper feud. A nonmilitary feud; a feud that is base or servile in nature. "These were the principal, and very Simple, qualities of the genuine or original feuds; being then all of a military nature, and in the hands of military persons: though the feudatories, being under frequent incapaCities of cultivat ing and manuring their own lands, soon found it necessary to commit part of them to inferior tenants.. . But this at the same time demolished the ancient simplicity of feuds; and an inroad being once made upon their constitution, it subjected them, in a course of time, to great varieties and innovations. Feuds came to be bought and sold, and devia tions were made from the old fundamental rules of tenure and succession; which were held no longer sacred, when the feuds themselves no longer continued to be purely military. Hence these tenures began now to be divided into feoda propria et impropria, proper and improper feuds ...." 2 William Blackstone, Commentaries on the Laws of England 57-58 (1766). proper feud. A feud based on military service. 2. The interest of the tenant in the land conveyed. 3. The land itself conveyed. -Also termed (in senses 1, 2 & 3) fee;fief;feod;feude;feudum. 4. An enmity or private war existing between families or dans, esp. as a result ofa murder. "Where wrong done to an individual is not regarded as an injury to the entire tribe, the wrongdoer is out of the peace only as regards the wronged party and his kin. The situation created by such wrongful deed is feud (Anglo Saxon foehth, Latin (aida). The root meaning of the word is 'hatred.' Feud is legally sanctioned hostility. The recog nition of feud by the law is found in the fact that revenge taken in lawful feud is not a breach of the peace. It is not a wrongful deed. It furnishes no basis for any claim for fine or punishment. The man slain in lawful feud is not to be avenged nor has compensation to be paid for his slaying." Munroe Smith, The Development ofEuropean Law 29 (1928). blood feud. A state of hostility between fa mil ies in which one family seeks to avenge the killing of one of its members by killing a member of the other family. See VE~DETTA. "AngloSaxon polity preserved, even down to the Norman Conquest, many traces of a time when kinship was the strongest of all bonds. Such a stage of society, we hardly need add, is not confined to anyone region of the world or anyone race of men .... When it puts on the face of strife between hostile kindreds, it is shown in the war of tribal factions, and more specifically in the blood-feud. A man's kindred are his avengers; and, as It is their right and honour to avenge him, so it is their duty to make amends for his misdeeds, or else maintain his cause in fight. Step by step, as the power of the State waxes, the self-centred and self-helping autonomy of the kindred wanes. Private feud is controlled, regulated, put, one may say, into legal harness; the avenging and the protecting clan on the slain and the slayer are made pledges and auxiliaries of public justice." 1 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 31 (2d ed.1898). feudal, adj. 07c) 1. Of, relating to, or growing out of feudalism <feudal law>. 2. Of or relating to a feud <feudal tenure>. Also spelled (archaically) feodal. Cf. ALLODIAL. feudal action. Hist. A real action; an action that con cerned only real property. feudalism (fyood-al-iz-am). (19c) L A landholding system, particularly applying to medieval Europe, in which all are bound by their status in a hierarchy of reciprocal obligations of service and defense. -The lord was obligated to give the vassal (1) some land, (2) protection, and (3) justice. The lord guaranteed the quiet occupation of the land by the vassal and guar anteed to do right if the vassal became involved in a disput

iet occupation of the land by the vassal and guar anteed to do right if the vassal became involved in a dispute. In return, the vassal owed the lord some type of service, called "tenure" (literally "means ofholding"), because the different types of service were the methods by which the vassals held the property. 2. The social, political, and economic system ofmedieval Europe. Also termed feudal system;feodal system. -feudalis tic, adj. 'What do we mean by feudalism? Some such answer as the following is the best that I can give - A state of society in which the main social bond is the relation between lord and man, a relation implying on the lord's part protec tion and defence; on the man's part protection, service and reverence, the service including service in arms. This personal relation is inseparably involved in a proprietary relation, the tenure of land the man holds land of the lord, the man's service is a burden on the land. the lord has important rights in the land, and (we may say) the full ownership of the land is split up between man and lord." FW. Maitland, The Constitutional History of England 143 (1908; repro 1955). "Modern historical research has taught us that, while it is a mistake to speak of a feudal system, the word 'feudalism' is a convenient way of referring to certain fundamental similarities which, in spite of large local variations, can be discerned in the social development of all the peoples of western Europe from about the ninth to the thirteenth cen turies." J.L. Brierly, The Law of Nations 2 (5th ed. 1955). feudal law. Rist. Ihe real-property law ofland tenures that prevailed in England, esp. after the Norman Conquest. See FEUDARUM CONSUETUDINES. feudal system. See FEUDALISM. feuda pecuniae (fyoo-dG pi-kyoo-nee-ee). [Law Latin] Hist. A heritable right to money. feudarum consuetudines (fyoo-dair-Gm kon-swa-t[y] oo-da-neez). [Latin] The customs of feuds. -This was the name of a compilation of feudal laws and customs made in 12th-century Milan. It is regarded as an authoritative work in continental Europe. Also spelledfeodarum consuetudines. feudary. See FEUDATORY. 699 feudatory, adj. (16c) Hist. (Of a vassal) owing feudal alle giance to a lord. feudatory, n. (l7c) Hist. The grantee ofa feud; the vassal or tenant who held an estate by feudal service. -Also termed feudary; feodato ry. "Every receiver of lands, or feudatory, was therefore bound, when called upon by his benefactor, or immediate lord of his feud or fee, to do all in his power to defend him." 2 William Blackstone, Commentaries on the Laws ofEngland 46 (1766). feude. See FEUD. feudee (fyoo-dee), n. Hist. The grantee ofa feud; a feudal tenant. feudist. (17c) A writer on feuds (for example, Cujacius, Spelman, Craig). Feudorum Libri (fyoo-dor-~m h-bn). [Latin "the books of the feuds"] Hist. The Books of Feuds, a five-book com pilation of Lombardic feudal law published in Milan around 1152, during the reign of Henry III. This unofficial compilation was the main source of tenure law among the nations in Europe. It was widely used in medieval law schools and courts in Italy, France, and Germany. The Feudorum Libri were probably known in England but had little effect other than influencing English lawyers to study their own tenure system more critically. Also termed Consuetudines Feudorum; Usus Feudorum. feudum (fyoo-d~m). [Law Latin] A fief or feud; a feodum. Also termedfeodum;feum. Pl.feuda (fyoo da). See FE'UD (1)-(3); FIEF; FEE (2). 'The Latin equivalent of feodum or feudum is the root of the words 'feudal' and 'subinfeudation'. The French form fief is favoured by some English historians, but it was not used in law-French:' J.H. Baker, An Introduction to English Legal History 256 n.4 (3d ed. 1990). feudum antiquum (fyoo-dam an-tI-kwam), n. [Law Latin "ancient feud"] Hist. 1. A feud that passed to a vassal from an intestate ancestor. 2. A feud that ances tors had possessed for more than four generations. 3. An ancient feud. PLfeuda antiqua (fyoo-d~ an-tl kwa). -Also termedfeodum antiquum (fee-a-dam or fyoo-dilm). See FEUD (1). feudum apertum (fyoo-dam a-pilr-tam). Hist. A feud that reverted to the lord because of a tenant's failure ofissue, a crime by the tenant, or some other legal cause. -Also termedfeodum apertum. feudum burgale (fyoo-dam bar-gay-Iee). [Law Latin] Hist. Land held feudally by burgage tenure -that is, tenure given in exchange for a tenant's watching and warding in a burgh. See WATCH AND WARD. feudum ex camera aut caverna (fyoo-dilm eks kam-ar-a awt b-vilr-nil). [Law Latin "feu from a room or hole"] Hist. An annual gift of money, grain, or other items to a descrving person, esp. a soldier. feudum francum (fyoo-dam frangk-ilm). Hist. A free feud; a feud or fee that was noble and free from talliage and subsidies that vulgar feuds (plebeia feuda) were subject to. feudum feudum hauberticum (fyoo-dilm haw-bilr-til-bm). Hist. A feud that was held on the military service of appearing fully armed when summoned by the lord. See ARRIERE-BAN. feudum improprium (fyoo-dilm im-proh-pree-<lm). Hist. A feud that was improper. feudum individuum (fyoo-d~m in-da-vij-oo-<lm). Hist. A feud that was indivisible and descendible only to the eldest son. feudum laicum (fyoo-dilm laY-il-bm). Hist. A lay feud. -Also termedfeodum laicum. feudum ligium (fyoo-dam lij-ee-<lm). Hist. 1. A liege feud; a feud held immediately of the sovereign. 2. A feud for which the vassal owed fealty to his lord against all other persons. feudum maternum (fyoo-dam ma-tilr-n<lm). Hist. A feud that descended to the feudatory from the maternal side. feudum militare (fyoo-d~m mil-<l-tair-ee). Hist. A knight's feud . It was held by knight-service and esteemed the most honorable species of tenure. Also termed feodum militis; (in Norman law) fief d'haubert or fiefd'hauberk. feudum nobile (fyoo-dam noh-ba-Iee). Hist. A feud for which the tenant did guard and owed fealty and homage. -Also termed feodum nobile. feudum novum (fyoo-d~m noh-vam). [Law Latin] Hist. A new fee; a fee that began with the person of the feudatory, and that was not acquired by succession. Also spelled feodum novum. "For if the feud, of which the son died seised, was really feudum antiquum, or one descended to him from his ances tors, the father could not possibly succeed to it, because it must have passed him in the course of descent, before it could come to the son .... And if it were feudum novum, or one newly acquired by the son, then only the descendants from the body of the feudatory himself could succeed, by the known maxim of the early feodal constitutions ... which was founded as well upon the personal merit of the vassal, which might be transmitted to his children but could not ascend to his progenitors ... :. 2 William Blackstone, Commentaries on the Laws of England 21 1-1 2 (1766). feudum novum ut antiquum (fyoo-dam noh-vdm ilt an-tr-kwam). Hist. A new feud held with the qualities of an ancient teud. feudum paternum (fyoo-dam pa-tilr-ndm). Hist. 1. A feud that the tenant's paternal ancestors had held for four generations. 2. A feud descendible only to the heirs on the paternal side. 3. A feud that could be held only by males. feudum proprium (fyoo-d~m proh-pree-dm). Hist. An original feud that is military in nature and held by military service. feudum rectum (fyoo-ddm rek-t<lm). [Law Latin] Hist. Lands held by military tenure. feudum simplex (fyoo-dilm sim-pleks). [Law Latin] Hist. FEE SIMPLE. 700 feu duty feudum talliatum (fyoo-dam tal-ee-ay-tam). See PEE TAIL. feu duty. Scots law. The annual rent paid by the tenant of a feu. -Also termed ground annual. feu farm. Scots law. A tenure ofland held in exchange for a specified annual payment (called feu duty). _ This type of tenure was converted to a freehold in 2000. Also termedfeu tenure. See FEl: DUTY. feuholding (fyoo-hohl-ding). Hist. A tenancy held by rendering produce or money instead of military service. -Also writtenfeu holding. feum. See FEUDUM. feu tenure. See FEU FARM. few. See FEU. ff. abbr. 1. And the pages following. 2. (often cap.) FRAG MENTA. FGA. abbr. 1. Free from general average. 2. Foreign general average. 'F.C.A. means Foreign General Average, and implies that, if goods become liable to general average, the rules to be applied will be those of the port of destination or refuge, Le., the law of the place where the adjustment is made." 2 E.W. Chance, Principles ofMercantile Law 128 (PW. French ed., 10th ed, 1951). FGM. abbr. FEMALE GENITAL MUTILATION. FHA. abbr, 1. FARMERS HOME ADMINISTRATION. 2. FEDERAL HOUSING ADMINISTRATION. FHA mortgage. See MORTGAGE. FHEO. abbr. OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY. FHLB. abbr. FEDERAL HOME LOAN BANK. FHLBB. abbr. FEDERAl. HOME LOAN BANK BOARD. FHLMC. abbr. FEDERAL HOME LOAN MORTGAGE COR PORATION. FHWA. abbr. FEDERAL HIGHWAY ADMINISTRATION. fiancer (fyahn-say), vb. [Law French) To pledge one's faith. fiant, n. (16c) Hisl. 1. A decree; commission. 2. A warrant to the Chancery ofIreland for a grant under the great seal. fiar, n. Scots law. One who holds an estate in fee, in contrast to a liferenter. fiat (fee-aht or fee-at or fI-at or fI-at), n. [Latin "let it be done") 07c) 1. An order or decree, esp. an arbitrary one <judicial fiat>. 2. A court decree, esp. one relating to a routine matter such as scheduling <the court requires all motions to contain a fiat -to be filled in by the court -setting the hearing date>. -Also termed fiaunt. fiat justitia (fI-at jCls-tish-ee-a). [Latin] Hist. Let justice be done. _ This phrase signaled the Crown's commis sion to the House ofLords to hear an appeal. "Fiat justitia, ruat coelum, says another maxim, as full of extravagance as it is of harmony: Go heaven to wreck so justice be but done: and what is the ruin of kingdoms, in comparison of the wreck of heaven?" Jeremy Bentham, An Introduction to the Principles of Morals and Legislation 13-14 n.1 (1823). fiat money. See MONEY. fiat ut petitur (fI-at CIt pet-a-tar). [Latin] Let it be done as it is asked. -An order granting a petition. fiaunt. See FIAT. FICA (fl-b). abbr. FEDERAL INSLRANCE CONTRIBUTIONS ACT. fickle-fiduciary rule. The principle that a partner or employee who breaches a fidUciary duty should forfeit all compensation, bonuses, and other benefits received for as long as the breach continues. -The rule usu. applies to a person who engages in or assists a com peting business, or resigns from employment to set up or work for a competing business. Traditionally, miti gating factors, including the absence of harm to the employer or partnership, are not considered in applying the rule. But some courts have found that if a strict application would produce un

employer or partnership, are not considered in applying the rule. But some courts have found that if a strict application would produce unjustly harsh results, miti gating factors must be weighed. ficta traditio (fik-ta tra-dish-ee-oh). [Latin] Scots law. A fictitious delivery. _ The phrase invoked the rule that if the parties so intended, an item could be treated as having been delivered to a buyer in possession of it without the need for physical transfer. -Also termed fictio brevis manus. fictio (fik-shee-oh), n. [Latin fr. fingere "to feign"] Roman law. A legal fiction; a legal assumption or supposition (such as that the plaintjffwas a citizen) necessary to achieve certain legal results that otherwise would not be obtained. _ Legal fictions allowed Roman magistrates (praetors) to expand the law beyond what was strictly allowed by the jus civile, This practice also occurred in English law -for example, the action of common recovery, which allowed a landowner to convey land that by law could not be alienated (such as land held in fee tail). PI. fictiones (fik-shee-oh-neez). fictio brevis manus (fik-shee-oh bree-vis may-nas). [Law Latin) FleTA TRADITIO. fictio juris. See LEGAL FICTION. fiction. See LEGAL FICTION. fictional action. See collusive action under ACTION (4). fiction oflaw. See LEGAL FICTION. fictitious, adj, (17c) Ofor relating to a fiction, esp. a legal fiction. fictitious action. See ACTION (4). fictitious issue. See FEIG~ED ISSl:E. fictitious name. 1. See ASSUMED NAME. 2. See ALIAS (1). 3. See JOHN DOE, fictitious party. See PARTY (2). fictitious-payee rule. Commercial law, The principle that ifa drawer or maker issues commercial paper to a payee whom the drawer or maker does not actually intend to have any interest in the instrument, an ensuing forgery 701 ofthe payee's name will be effective to pass good title to later transferees. -Also termed padded-payroll rule. [Cases: Banks and Banking (;::::c 148, 174; Bills and Notes fictitious person. See artificial person under PERSON (3). fictitious promise. See implied promise under PROMISE. fictitious seisin. See seisin in law under SEISIN. fide-committee. A beneficiary; CESTUI QUE TRUST. Also termed fidei-commissarius. "In a particular case, a cestuy que trust is called by the Roman law, fideicommissarius. In imitation of this, I have seen him somewhere or other called in English a fide-com mittee. This term, however, seems not very expressive. A fide-committee, or, as it should have been, a fidei committee, seems, literally speaking, to mean one who is committed to the good faith of another." Jeremy Bentham, An Introduction to the Principles of Morals and Legislation 226 n.l (1823). fideicomiso (fee-day-koh-mee-soh). Mexican law. A trust; esp., a trust that is established for the purpose of acquiring property in Mexico with a Mexican bank as trustee and a non-Mexican (who may be the settlor) as beneficiary. _ The property is held in the name of the trust, but the beneficiary has all the rights and obliga tions ofdirect ownership, including the power to lease, sell, or devise the property. A Mexican fideicomiso usu. lasts 50 years and can be renewed for 50 more. Cf. FIDE ICOMMISSUM. fidei-commissarius. See CESTUI QUE TRUST. fidei-commissary (fI-dee-I kom-<l-ser-ee). See CESTUI QUE TRUST. fideicommissary heir. See HEIR. fideicommissary substitution. 1. SUBSTITUTION (6). 2. SUBSTITUTION (7). fideicommissum (fI-dee-I-ka-mis-am). [Latin] (I8c) 1. Roman law. A direction to an heir asking the heir as a matter of good faith to give some part of the inheri tance, such as a particular object, or all the inheritance, to a third party. - Afideicommissum was a device to overcome some of the technicalities of the Roman wilL Originally it created a mere moral obligation, but Augustus made it enforceable by legal process. 2. Roman & civil law. An arrangement similar to a trust by which a testator gave property to a person for the benefit of another who could not, by law, inherit property. -Over time, this device was used to tie up property for gen erations, and most civil jurisdictions now prohibit or limit it. For example, in Louisiana, an arrangement in which one person bequeaths property to a second with a charge to preserve it and, at death, to restore it to a third person is a prohibited fideicommissum. -Sometimes spelled fidei-commissum. Pl. fideicommissa. "The many formalities with regard to the institution of heirs and the bequest of legacies, coupled With the fact that many persons, e.g. peregrini, were incapable of being instituted heirs, or of being given a legacy, led, in the late Republic, to testators leaving directions to their heirs in favour of given individuals, which, though not binding at law, they hoped their heirs would, in honour, feel bound fidem facere judici to carry out. The beginning of fideicommissa, therefore, was very like the early practice with regard to trusts in English law, and, as in the case of trusts, a time came when trusts were made binding legally as well as morally.... For brevity, the fideicommissum will here be called 'the trust', the person upon whom it was imposed (fiduciarius) 'the trustee', and the person in whose favour it was imposed (fideicommissarius) 'the beneficiary'." RW. Leage, Roman Private Law 252 (c.H. Ziegler ed., 2d ed. 1930). fidejubere (fI-dee-ya-beer-ee), vb. [Latin] Roman law. To become a surety. _ Forms ofthis word were spoken by the parties to a stipulatio that bound one party to become a surety for the other; the first party asked, "Do you pledge yourself?" ("fidejubesne?"), and the second responded, "I do pledge myself" Cfidejubeo"). See STIPULATIO. fidejussion (f1-di-jash-an). [fro Latin fidejussiO] (16c) Roman law. An act by which a person becomes an additional security for another. _ The act does not remove the principal's liability but only adds to the surety's security. FidejUSSion was one ofthe three types of adpromission, and the only type remaining in Jus tinian's law. -Also spelledfidejussio;fideiussio. See ADPROMISSION (1). -fidejussionary, adj. fidejussor (fI-dee-jas-or or -jas-;)r). (16c) 1. Roman law. (ital.) A guarantor; a person who binds himself to pay another's debt. 2. Hist.lvlaritime law. A person who acts as bail for a defendant in the Court of Admiralty. Also spelled fidejussor. Cf. ADPROMISSOR. fidejus sory, adj. "The proceedings of the court of admiralty bear much resemblance to those of the civil law, but are not entirely founded thereon; and they likewise adopt and make use of other laws, as occasion requires; such as the Rhodian law, and the laws of Oleron. For the law of England, as has fre quently been observed, doth not acknowledge or pay any deference to the civil law considered as such; but merely permits its use in such cases where it judged its determi nations equitable, and therefore blends it, in the present instance, with other marine laws .... The first process in these courts is frequently by arrest of the defendant's person; and they also take recognizances or stipulation of certain fidejussors in the nature of bail, and in case of default may imprison both them and their principal." 3 William Blackstone. Commentaries on the Laws ofEng/and 108-09 (1768). fidelitas (fi-del-<l-tas). [Latin "fidelity"] See FEALTY. fidelitatis sacramentum (fi-del-i-tay-tis sak-ra-men t<lm). [Law Latin] Hist. The oath offealty that a vassal owed to a lord. fidelity and guaranty insurance. See fidelity insurance under INSURANCE. fidelity bond. See BOND (2). fidelity guaranty insurance. See fidelity insurance under INSURANCE. fidelity insurance. See INSURANCE. fidem facerejudici (fI-d;:lm fay-sa-ree joo-di-SI). [Latin] Hist. To convince the judge. -1he phrase appeared in reference to the introduction ofevidence to prove a case. 702 fidem mentir; fidem mentiri (fI-d<}m men-tI-rI). [Latin] Hist. To betray faith or fealty. The term refers to a feudal tenant who did not keep'the fealty sworn to the lord. fidepromission (fI-dee-proh-mish-;m), n. [Latin "faith promise"] (19c) Roman law. A contract ofguaranty by stipulation. Fidepromission was one ofthe three types of adpromission. See ADPROMISSION (1); STIPULATION (3). -fidepromissor, n. fides (fI-deez). [Latin] Faith. fides facta (fI-deez fak-td). [Latin] Hist. Faith-making; faith-pledging . Among the Franks and Lombards, certain transactions were guaranteed by symbolic, formal acts making one's faith such as the giving of a rod when property was transferred. See FESTUCA. fiducia (fi-d[y]oo-shee-<}), n. [Latin "an entrusting"] Roman law. An early form of transfer of title by way of mortgage, deposit, etc., with a provision for recon veyance upon payment of the debt, termination of the deposit, etc. 'The Roman mortgage (fiducia) fell wholly out of use before the time ofJustinian, having been displaced by the superior simplicity and convenience of the hypotheca; and in this respect modern Continental law has followed the Roman." John Salmond. Jurisprudence 443 (Glanville L. Williams ed., 10th ed. 1947). fiducial, adj. (l6c) Of, relating to, or characterized by confidence in and reliance on another person or thing <there must be a fiducial bond between a patient and a doctor>. [Cases: Fraud C==>7; Health C==>578.] fiducial relationship. See trust relationship under RELA TIONSHIP. fiduciarius heres (fi-d[y]oo-shee-air-ee-<}s heer-eez). [Latin "fiduciary heir"] Roman law. A person formally named an heir in a testament, but in a fiduciary capacity, and charged to deliver the succession to the person designated by the testament. fiduciarius tutor (fi-d[y]oo-shee-air-ee-ds t[y]oo-tdr). Roman law. A fiduciary guardian; a person who by ful filling a trust to free someone in power became his or her guardian. fiduciary (fi-d[y]oo-shee-er-ee), n. (17c) 1. A person who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, trust, confidence, and candor <the corporate officer is a fidu ciary to the corporation>. 2. One who must exercise a high standard ofcare in managing another's money or property <the beneficiary sued the fiduciary for invest ing in speculative securities>. fiduciary, adj. [Cases: Fraud C==>7.] "'FidUCiary' is a vague term, and it has been pressed into service for a number of ends.... My view is that the term 'fiduciary' is so vague that plaintiffs have been able to claim that fiduciary obligations have been breached when in fact the particular defendant was not a fiduciary stricto sensu but simply had withheld property from the plaintiff in an unconscionable manner." D.W.M. Waters, The Con structive Trust 4 (1964). dilatory fiduciary (dil-d-tor-ee). A trustee or other fiduciary who is unreasonably slow in administer ing an estate. successor fiduciary. A fidUciary who is appointed to succeed or replace a prior one. temporary fiduciary. An interim fiduciary appointed by the court until a regular fidUciary can be appointed. fiduciary bond. See BOND (2). fiduciary contract. Hist. An agreement by which one party delivers something to another on condition that the second party will return the thing to the first. fiduciary debt. A debt founded on or arising from a fidu ciary relationship, rather than from a solely contractual relationship. fiduciary duty. See DUTY (2). fiduciary heir. See HEIR. fiduciary-out clause. Mergers & acquisitions. A merger agreement provision that allows the target corpora tion to terminate the agreement without

-out clause. Mergers & acquisitions. A merger agreement provision that allows the target corpora tion to terminate the agreement without committing a breach if a specified condition occurs . The most common condition is the receipt of a more favorable offer, but other conditions may also be specified. [Cases: Corporations C==>S82.] fiduciary relationship. See RELATIONSHIP. fiduciary-shield doctrine. Corporations. The principle that a corporate officer's act cannot be the basis for jurisdiction over the officer in an individual capacity. [Cases: Courts C==> 12(2,20); Federal Courts C==> 76.20.] fief (feef), n. 1. See FEE. 2. See FEUD Metaphorically, the term refers to an area of dominion, esp. in a corpo rate or governmental bureaucracy. fief d'hauberk (feef doh-bairk). See feudum militare under FEUDUM. fiefd'haubert. See feudum militare under FEUDUM. fief-tenant. Hist. The holder of a fief or fee; a feeholder or freeholder. field audit. See AUDIT. field book. A log or book containing a surveyor's notes that are made on-site and that describe by course and distance the running of the property lines and the establishment of the corners of a parcel ofland. Field Code. 1he New York Code of Procedure of 1848, which was the first comprehensive Anglo-American code of civil procedure and served as a model for the Federal Rules of Civil Procedure . It was drafted by David Dudley Field (1805-1894), a major law-reformer. See code pleading under PLEADING (2). field notes. The notes in a surveyor's field book. field of invention. See CLASSIFICATION OF PATENTS (2). field of search. See CLASSIFICATION OF PATENTS (2). field-of-use restriction. Intellectual property. A license provision restricting the licensee's use of the licensed 703 property to a defined product or service market or to a designated geographical area. field sobriety test. See SOBRIETY TEST. field stop. See STOP AND FRISK. field-warehouse financing agreement. The loan agree ment in a field-warehousing arrangement. field warehousing. An inventory-financing method by which a merchant pledges its inventory, which is in the possession ofa third person (a warehouser) . This is a method offinancing an inventory that cannot econom ically be delivered to the creditor or third party. The borrower segregates part ofthe inventory and places it under the nominal control ofa lender or third party, so that the lender has a possessory interest. Cf. floor-plan financing under FINANCING; PLEDGE. "Field warehousing is a way of bringing about the security relationship of a pledge. It is an arrangement for allowing the pledgor a more convenient access to the pledged goods, while the goods are actually in the custody and control of a third person on the pledgor's premises." Business Factors, Ine. v. Taylor-Edwards Warehouse & Transfer Co., 585 P.2d 825, 828 (Wash. Ct. App. 1978). "Field warehousing is ... an arrangement whereby a whole saler, manufacturer, or merchant finances his business through the pledge of goods remaining on his premises. The arrangement is valid and effective where there is an actual delivery to the warehouseman by the bailor who has hired the warehouseman and given him exclUSive posses sion of the warehouse goods." In re Covington Crain Co., 638 F.2d 1362, 1365 (5th Cir. 1981). fierding court (fyar-ding or feer-ding). Hist. An ancient court of inferior jurisdiction . Four courts were in each district or hundred. fieri (fI-a-rr). [Latin] To be made; to be done . Fieri usu. appears as part ofthe phrase in fieri. See IN FIERI. fieri facias (fI-a-rr fay-shee-as). [Latin "that you cause to be done"] (ISc) A writ of execution that directs a marshal or sheriff to seize and sell a defendant's property to satisfy a money judgment. -Abbr. fa.; Fi. Fa. Cf. LEVARI FACIAS. [Cases: Execution 1,15.] "It receives its name from the Latin words in the writ (quod fieri facias de bonis et catallis, that you cause to be made of the goods and chattels). It is the form of execution in common use in levying upon the judgment debtor's personal property." John Bouvier, Bouvier's Law Diction ary(8th ed. 1914). "The writ of 'fieri facias' (commonly called a writ of 'fi fa'), which commanded literally 'that you cause to be made,' was an early common-law means of enforcing payment on ajudgment; it was, in effect, an order to the sheriff of the court to enforce a judgment against the debtor by levy, seizure, and sale of his personalty to the extent needed to satisfy ajudgment." 30 Am.Jur. 2d Executions and Enforce ment ofJudgments 14, at 50-51 (1994). fieri facias de bonis ecclesiasticis (fI-a-n fay-shee-as dee boh-nis e-klee-z[h]ee-as-ta-sis). [Latin "that you cause to be made ofthe ecclesiastical goods"] Hist. A writ of execution -used when the defendant was a beneficed clerk who had no lay fee -that commanded the bishop to satisfy the judgment from the ecclesi astical goods and chattels of the defendant within 50-percent rule the diocese. -This was accomplished by issuing a sequestration to levy the debt out of the defendant's benefice. This writ was issued after a fieri facias had been returned nulla bona. fieri facias de bonis propriis (fI-d-rI fay-shee-ds dee boh-nis proh-pree-is). [Latin "that you cause to be made ofhis own goods"] Hist. A writ that executes on an executor's property when a writ fieri facias de bonis testatoris is returned by the sheriff nulla bona or devastavit (a wasting ofthe testator's goods by the executor). fieri facias de bonis testatoris (fI-d-rI fay-shee-<ls dee boh-nls tes-td-tor-is). [Latin "that you cause to be made of the testator's goods"] Hist. A writ of execu tion served on an executor for a debt incurred by the testator. fieri feci (fI-d-n fee-sI). [Latin "I have caused to be made"] Hist. A sheriff's return on a fieri facias where the sheriff has collected, in whole or in part, the sum to be levied on. -'Ihe return is usu. expressed by the word "satisfied." fi.fa. (sometimes cap.) abbr. FIERI FACIAS. FIFO (fI-foh). abbr. FIRST-IN, FIRST-OUT. FIFRA. abbr. Federal Insecticide, Fungicide, and Roden ticide Act. 7 USCA 136-136y. fifteenth. Hist. A tax of one-fifteenth of all the personal property ofevery subject. -The tax was levied atinter vals by act ofParliament. Under Edward III, the value ofthe fifteenth was assessed and fixed at a specific sum and did not increase as the wealth of the kingdom increased thus the tax ceased to actually be one fifteenth. See QUOD PERSONA NEC PREBENDARII. Fifteenth Amendment. The constitutional amendment, ratified in 1870, guaranteeing all citizens the right to vote regardless ofrace, color, or prior condition ofser vitude. [Cases: Constitutional Law <8:::: 1482.] Fifth Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, providing that a person cannot be (1) required to answer for a capital or otherwise infamous offense unless a grand jury issues an indictment or presentment, (2) subjected to double jeopardy, (3) compelled to engage in self-incrimination on a criminal matter, (4) deprived of Hfe, liberty, or property without due process oflaw, or (5) deprived ofprivate property for public use without just com pensation. [Cases: Constitutional LawC:::3840-4841; Criminal Law C='393; Double Jeopardy C--'J1-7; Grand JuryC=>2; Witnesses C=>297.j Fifth Amendment, pleading the. See TAKE THE FIFTH. Fifty Decisions. Justinian's rulings that settled con troversies and eliminated obsolete rules in the law . The decisions were made in preparation for Justinian's Digest. -Also termed (in Latin) Quinquaginta Deci siones. 50 percent plus one. See HALF PLUS ONE. 50-percent rule. (1975) The principle that liability for negligence is apportioned in accordance with the percentage of fault that the fact-finder assigns to each party, that the plaintiffs recovery will be reduced by the percentage of negligence assigned to the plaintiff, and that the plaintiffs recovery is barred if the plain tiffs percentage offault is SO% or more. -Also termed modified-compamtive-negligence doctrine. Cf. PURE COMPARATIVE-NEGLIGENCE DOCTRINE. See compara tive negligence under NEGLIGENCE; APPORTIONMENT OF LIABILITY. [Cases: Negligence C=S49(1O).] fighting age. See AGE. fighting words. (1917) 1. Inflammatory speech that might not be protected by the First Amendment's free-speech guarantee because it might incite a violent response. [Cases: Constitutional lS62; Disor derly Conduct 133.J 2. Inflammatory speech that is pleadable in mitigation but not in defense of a suit for assault. [Cases: Assault and Battery 12.] Also termed fighting talk. fightwite (fIt-wIt). Hist. A fine imposed against one who participated in a breach of the peace. filacer (fil-;>-s;>r). Hist. An officer of the Westminster superior courts who filed the writs on which process was made. _ The office was abolished in 1837. Also spelled filazer. filacium. See FILUM. filare (fi-lair-ee), vb. [Law Latin] Hist. To file. filazer. See FILACER. file, n. (17c) 1. A court's complete and official record of a case <the associate went to the courthouse to verify that the motion is in the file>. 2. A lawyer's complete record of a case <the paralegal stored the file in three drawers in her office>. 3. A portion or section of a lawyer's case record <the janitor found the correspon dence file behind the copy machine>. 4. A case <Jonah was assigned the Watson file after Amy left the firm>. file, vb. (16c) 1. To deliver a legal document to the court clerk or record custodian for placement into the official record <Tuesday is the deadline for filing a reply brief>. -Also termed (in BrE) lodge. 2. To commence a lawsuit <the seller threatened to file against the buyer>. 3. To record or deposit something in an orga nized retention system or container for preservation and future reference <please file my notes under the heading "research">. 4. Parliamentary law. To acknowl edge and deposit (a report, communication, or other document) for information and reference only without necessarily taking any substantive action. filed-rate doctrine. A common-law rule forbidding a regulated entity, usu. a common carrier, to charge a rate other than the one on file with the appropriate federal regulatory authority, such as (formerly) the Interstate Commerce Commission. -Also termed filed-tariff doctrine. See TARIFF (3). [Cases: Carriers <8='189; Public Utilities ~~119.1; Telecommunications C=931.] file history. See FILE WRAPPER. file-transport protocol. A set of programmed rules enabling computers to exchange files over the Internet. Abbr. FTP. file wrapper. Patents &-Trademarks. The complete record of proceedings in the Patent and Trademark Office from the initial application to the issued patent or trademark; speci., a patent or trademark-registration application together with all documentation, correspondence, and any other record of proceedings before the PTa con cerning that application. Also termed file history; prosecution history. Cf CERTIFIED FILE HISTORY. [Cases: Patents <8=' 168(1), 168(2).] file-wrapper continuation. 1. See CONTINUATION. 2. See CONTINUATION-IN-PART. -Abbr. FWC. file-wrapper continuation application. 1. See CONTINU ATION. 2. See CONTINUATION-IN-PART. file-wrapper estoppel. See prosecution-history estoppel under ESTOPPEL. filia (fil-ee-;, n. [Latin] A daughter. PLfiliae. filial consortium. See CONSORTIUM. filiality. See FILIATION (1). filiated father. See FATHER. filiation (fil-ee-ay-sh;m). (ISc) 1. The fact or condition of being a son or daughter; relationship of a child to a parent. -Despite Bentham's protest (see below),filia tion is usual in this sense. -Also

child to a parent. -Despite Bentham's protest (see below),filia tion is usual in this sense. -Also termed filiality. "In English we have no word that will serve to express with propriety the person who bears the relation opposed to that of parent. The word chi/dis ambiguous, being employed in another sense, perhaps more frequently than in this: more frequently in opposition to a person of full age, an adult, than in correlation to a parent. For the condition itself we have no other word than filiation: an ill-contrived term, not analogous to paternity and maternity: the proper term would have been fmality: the word filiation is as frequently, perhaps, and more consistently, put for the act of establish ing a person in the possession of the condition offiliality." Jeremy Bentham, An Introduction to the Principles ofMorals and Legislation 276 n.2 (1823). 2. Judicial determination of paternity. See PATERNITY; filiated father under FATHER. [Cases: Children Out -of Wedlock C'-:::>63.] filiation order. See ORDER (2). filibuster (fil-;J-b;>s-tdr), n. (ISc) 1. A dilatory tactic, esp. prolonged and often irrelevant speech making, employed in an attempt to obstruct legislative action. -The filibuster is common in the U.S. Senate, where the right to debate is usu. unlimited and where a filibuster can be terminated only by a cloture vote oftwo-thirds of all members. 2. In a deliberative body, a member in the minority who resorts to obstructive tactics to prevent the adoption of a measure or procedure that is favored by the majority. Also termed filibusterer. 3. Hist. A person who, together with others, works to invade and revolutionize a foreign state in disregard of international law. See CLOTURE. -filibuster, vb. filicide (fil-i-sld). (l7c) 1. A person who kills his or her own child. 2. The act of killing one's own child. Cf. INFANTICIDE. 705 filing. n. (18c) A particular document (such as a pleading) in the file of a court clerk or record custodian <the lawyer argued that the plaintiff's most recent filing was not germane to the issue before the court>. [Cases: Pederal Civil Procedure G~~'664; Pleading (~331.] filing date. See DATE. filing fee. (1864) A sum of money required to be paid to the court clerk before a proceeding can start. [Cases: Clerks of Courts 47.] filing statns. Tax. One of the four categories under which a person files an income tax return. Under federal law, the four categories are: (1) Single; (2) head of house hold; (3) married filing a joint return; and (4) married filing separate returns. [Cases: Internal Revenue 3549,4481.J filiolus (fil-ee-oh-Ias). [LatinJ Hist. A godson. Also spelled (in old records) filious. filius (til-ee-as), n. [Latin]l. A son. 2. (pl.) Descendants. Cf. HERES. PI. filii. filiusfamilias (fil-ee-as-fa-mil-ee-as), n. [Latin "the son of a family"] Roman law. An unemancipated son or daughter, grandson or granddaughter. -Also termed homo alieni juris. "Every Roman citizen is either a paterfamilias or a filiusfa milias, according as he is free from paternal power (homo sui juris) or not (homo alieni juris). Paterfamilias is the generic name for a homo sui juris, whether child or adult, married or unmarried. Filiusfamilias is the generic name for a homo alieni juris, whether son or daughter, grandson or granddaughter, and so on." Rudolph Sohm, The Institutes: A Textbook of the History and System ofRoman Private Law 177 Uames Crawford Ledlie trans., 3d ed. 1907). filius mulieratus (fil-ee-as myoo-Iee-a-ray-tas). [Law Latin] Hist. The eldest legitimate son of a woman who previously had an illegitimate son by the same father; a legitimate son, whose older brother is illegitimate; MULIER PUISNE. Cf. bastard eisne under EISNE. filius nullius (fil-ee-as na-h-as). [Latin "son of nobody"] Hist. An illegitimate child. Also termed filius populi. "I proceed next to the rights and incapacities which apper tain to a bastard. The rights are very few, being only such as he can acquire; for he can inherit nothing, being looked upon as the son of nobody; and sometimes called filius nul/ius, sometimes filius populi." 1 William Blackstone, Com memories on the Laws ofEngland 447 (1765). filius populi. See FILIUS NULLIUS. filla (fil-a). Hist. The ribbon from which a seal hangs at the bottom of deeds and other legal documents. fill a blank. Parliamentary law. To replace a blank in a motion with one or more proposals from the floor. See BLANK. fill-or-kill order. See ORDER (8). filum (fI-bm). [Latin "thread"] Hist. l. A thread or wire that holds (esp.legal) papers together to form a file. This was the ancient method of filing legal papers. 2. An imaginary thread or line passing through the middle of a stream or road. Also termed (in sense 1) filacium. final-judgment rule filum aquae (fI-lam ay-kwee). [Latin "thread ofwater"] A line of water; the middle line ofa stream of water, supposedly diViding it into two equal parts and usu. constituting the boundary between the riparian owners on each side. -Also termed medium filum. [Cases: Boundaries C=> 12.] filum forestae (fI-lam for-a-steel. [Latin] The border ofa forest. filum viae (fI-lam vI-eel. [Latin)l. The middle line of a road. 2. The boundarv between landowners on each side ofa road. [Cases:'Boundaries 19.] finable (fI-na-bal), adj. (15c) Liable to a fine; subject to having to pay a fine. Also spelled fineable. [Cases: Fines C=> 1.5.) final, adj. (l4c) L (Of a judgment at law) not requiring any further judicial action by the court that rendered judgment to determine the matter litigated; concluded. 2. (Of an equitable decree) not requiring any further judicial action beyond supervising how the decree is carried out. Once an order, judgment, or decree is final, it may be appealed on the merits. Cf. INTERLOCU TORY. final and conclusive. Terminal and unappealable, except on grounds of procedural error, fraud, or mistake. final agenda. See AGENDA. final alimony. See permanent alimony under ALIMONY. final and conclusive. See FINAL. final appealable judgment. See final judgment under JUDGMENT. final appealable order. See final judgment under JUDGMENT. final argument. See CLOSING ARGUMENT. final concord. See CONCORD. final decision. See final judgment under JUDGMENT. final-decision rule. See FINAL-JUDGMENT RULE. final decree. See final judgment under JUDGMENT. final injnnction. See permanent injunction under INJUNCTION. finalis concordia (fi-nay-lis kan-kor-dee-a). [Latin) A final or conclusive agreement. See final concord under CONCORD; FINE (1). finality doctrine. (1942) The rule that a court will not judicially review an administrative agency's action until it is final. Also termed final-order doctrine; doctrine offmality; principle offinality. Cf. FINAL-JUDGMENT RULE; INTERLOCUTORY APPEALS ACT. [Cases: Admin istrative Law and Procedure (>704.] finality rule. See FINAL-JUDGMENT RULE. final judgment. See JUDGMENT. final-judgment rule. (1931) The principle that a party may appeal only from a district court's final decision that ends the litigation on the merits. Under this rule, a party must raise all claims oferror in a Single final-offer arbitration appeal. -Also termed final-decision rule;finality rule. 28 USCA 1291. See DEATH-KNELL DOCTRINE. Cf. FINALITY DOCTRINE; INTERLOCUTORY APPEALS ACT; DEATH-KNELL DOCTRINE. [Cases: Appeal and Error~ 66; Federal Courts ~571.] final-offer arbitration. See ARBITRATION. final office action. See OFFICE ACTION. final order. See ORDER (2). final-order doctrine. See FINALITY DOCTRINE. final peace. See final concord under CONCORD. final process. See PROCESS. final receiver's receipt. The government's acknowledg ment that it has received full payment from a person for public land, that it holds the legal title in trust for the person, and that it will in due course issue the person a land patent. [Cases: Public Lands ~110.] final rejection. See REJECTION. final settlement. See SETTLEMENT (2). final speech. See CLOSING ARGUMENT. final submission. See CLOSING ARGUMENT. finance, n. (I8c) 1. That aspect of business concerned with the management of money, credit, banking, and investments <after a brief career in finance, Andrea decided to go to law school>. 2. The science or study of the management of money, etc. <Bill sought a degree in finance because he wanted to be an investment banker>. finance, vb. (19c) To raise or provide funds. finance bill. See BILL (6). finance charge. An additional payment, usu. in the form ofinterest, paid by a retail buyer for the privilege ofpur chaSing goods or services in installments. -This phrase is increasingly used as a euphemism for interest. See INTEREST (3). [Cases: Consumer Credit (;:::>52; Usury C=>53.] finance company. (20c) A nonbank company that deals in loans either by making them or by purchasing notes from another company that makes the loans directly to borrowers. commercial finance company. A finance company that makes loans to manufacturers and wholesalers. Also termed commercial credit company. consumer finance company. A finance company that deals directly with consumers in extending credit. Also termed small-loan company. [Cases: Consumer Credit~3.1 sales finance company. A finance company that does not deal directly with consumers but instead pur chases consumer instaHment paper arising from the sale ofconsumer durables "on time." -Also termed acceptance company. finance lease. See LEASE. finance officer. See TREASURER. financial accounting. See ACCOU!\ITING (1). 706 Financial Accounting Standards Board. The indepen dent body of accountants responsible for establishing, interpreting, and improving standards for financial accounting and reporting. Abbr. FASB. [Cases: Accountants 8.J financial asset. See current asset under ASSET. financial contract. See CONTRACT. financial-core membership. Union membership in which a private-company employee pays the union's initiation fees and periodic dues but is not a full union member. -Financial-core membership is allowed only in states without a right-to-work law, where a union security contract clause can require employees to pay financial-core membership dues but cannot require full union membership. The dues are limited to the amount required to support the union's representational activi ties, such as collective bargaining. See Communications Workers ofAm. v. Beck, 487 U.S. 735, 744, 108 S.Ct. 2641, 2648 (1988). -Also termed (in public-employ ment sector) fair-share membership; agency-shop mem bership. See UNIO!\I-SECURITY CLAUSE. Financial Crimes Enforcement Network. A unit in the U.S. Department of the Treasury responsible for sup-....... porting law-enforcement efforts against domestic and international financial crimes. Abbr. FinCEN. financial deregulation. See DEREGULATION. financial futures. See FUTURES (1). financialinstitution. (1821) A business, organization, or other entity that manages money, credit, or capital, such as a bank, credit union, savings-and-Ioan association, securities broker or dealer, pawnbroker, or investment company. [Cases: Banks and Banking ~1; Building and Loan Associations I.] financial interest. See INTEREST (2). financial intermediary. (1873) A financial entity usu. a commercial bank -that advances the transfer of funds between borrowers and lenders, buyers and sellers, and investors and savers. Fiuancial Management Service. A unit in the U.S. Department of the Treasury responsible for develop ing and managing systems for moving the U.S. govern ment's cash by assisting other agencies in collecting and disbursing funds; collecting and publishing financial information; and collecting delinquent debts. Abbr. FMS. financial market. See MARKET. financial planner. A person whose business is advising clients about personal finances and investments. _ Upon completing a certification program, such a person is called a certified financial planner. Abbr. CPP. financial report. See FINANCIAL ST

person is called a certified financial planner. Abbr. CPP. financial report. See FINANCIAL STATEMENT. financial-responsibility act. (1930) A state statute con ditioning license and registration ofmotor vehicles on proof of insurance or other financial accountability. [Cases: Automobiles Insurance C~~'2737.] financial-responsibility clause. (1946) Insurance. A pro vision in an automobile insurance policy stating that the insured has at least the minimum amount ofliabil ity insurance coverage required by a state's financial responsibility law. [Cases: Insurance (;=>2737, 2756.] financial restatement. A report correcting material errors in a financial statement, esp. to adjust profits and losses after an accounting procedure has been disallowed. financials. Slang. Financial statements. financial secretary. 1. See SECRETARY. 2. See TREA SURER. Financial Services Agency. The regulatory body that oversees the United Kingdom's financial-services industry, including exchanges and related entities. Formerly termed Securities and Investment Board. financial statement. 1. A balance sheet, income state ment, or annual report that summarizes an individual's or organization's financial condition on a specified date or for a specified period by reporting assets and liabili ties. Also termedfinancial report. Cf. FINANCING STATEMENT. certified financial statement. A financial statement examined and reported by an independent public or certified public accountant. SEC Rule 12b-2 (17 CPR 240.12b-2). consolidated financial statement. The financial report of a company and all its subsidiaries combined as if they were a single entity. normalized financial statement. A statement in which some components have been adjusted to exclude anomalies, such as unusual and nonrecur ring elements, and nonoperating assets or liabilities, so the statement may be compared with others. 2. INCOME-AND-EXPENSE DECLARATION. financing, n. (19c) 1. The act or process ofraising or pro viding funds. 2. Funds that are raised or proVided. finance, vb. asset-based financing. A method of lending in which lenders and investors look primarily to the cash flow from a particular asset for repayment. construction financing. See interim financing. debt financing. The raising offunds by issuing bonds or notes or by borrowing from a financial institution. equity financing. 1. The raising of funds by issuing capital securities (shares in the business) rather than making loans or selling bonds. 2. The capital so raised. floor-plan financing. A loan that is secured by mer chandise and paid off as the goods are sold . Usu. such a loan is given by a manufacturer to a retailer or other dealer (as a car dealer). Also termed floor planning. Cf. FIELD WAREHOUSING. gap financing. Interim financing used to fund the difference between a current loan and a loan to be received in the future, esp. between two long-term loans. See bridge loan under LOAN. interim financing. A short-term loan secured to cover certain major expenditures, such as construction costs, until permanent financing is obtained. Also termed construction financing. internal financing. A funding method using funds gen erated through the company's operations rather than from stock issues or bank loans. link financing. The obtaining of credit by depositing funds in another's bank account to aid the other in obtaining a loan. outside financing. The raising offunds by selling stocks (equity financing) or bonds (debt financing). permanent financing. A long-term loan obtained to repay an interim loan, such as a mortgage loan that is used to repay a construction loan. project financing. A method of funding in which the lender looks primarily to the money generated by a single project as security for the loan . This type of financing is usu. used for large, complex, and expen sive single-purpose projects such as power plants, chemical-processing plants, mines, and toll roads. 1he lender is usu. paid solely or primarily from the money generated by the contracts for the facility's output (sometimes paid by customers directly into an account maintained by the lender), such as the elec tricity sold by a power plant. The lender usu. requires the facility to be developed and owned by a special purpose entity (sometimes called a bankruptcy remote entity), which can be a corporation, limited partnership, or other legal entity, that is permitted to perform no function other than developing, owning, and operating the facility. See SINGLE-PURPOSE PROJECT; SPECIAL-PURPOSE ENTITY; BANKRUPTCY REMOTE ENTITY. financing agency. See AGENCY (1). financing statement. (1954) A document filed in the public records to notify third parties, usu. prospective buyers and lenders, of a secured party's security interest in goods or real property. See UCC 9-102(a)(39). Cf. FINANCIAL STATEMENT. [Cases: Secured Transactions FinCEN. abbr. FINANCIAL CRIMES ENFORCEMENT NETWORK. find, vb. (bef. 12c) To determine a fact in dispute by verdict or decision <find guilty> <found that no duty existed>. Cf. HOLD (2). finder. (13c) 1. An intermediary who brings together parties for a business opportunity, such as two com panies for a merger, a borrower and a financial institu tion, an issuer and an underwriter of securities, or a seller and a buyer ofreal estate . A finder differs from a broker-dealer because the finder merely brings two parties together to make their own contract, while a broker-dealer usu. participates in the negotiations. See finder of fact 708 INTERMEDIARY. 2. A person who discovers an object, often a lost or mislaid chattel. finder of fact. See FACT-FINDER. finder's fee. (1937) 1. The amount charged by one who brings together parties for a business opportunity. 2. The amount charged by a person who locates a lost or missing item and returns it to its owner. finder's-fee contract. (1959) An agreement between a finder and one of the parties to a business opportu nity. finding. See FINDING OF FACT. finding of fact. (18c) A determination by a judge, jury, or administrative agency of a fact supported by the evidence in the record, usu. presented at the trial or hearing <he agreed with the jury's finding of fact that the driver did not stop before proceeding into the intersection>. Often shortened to finding. See FACT-FINDER. Cf. CONCLUSION OF FACT; CONCLUSION OF LAW. concurrent finding. (usu. pl.) Identical factual findings by two different tribunals on a specific issue of fact. essential finding. Military law. A military tribunal's determination ofa collateral pretrial motion. general finding. An undifferentiated finding in favor of one party. special finding. 1. (usu. pl.) A finding of the necessary and ultimate facts to support a judgment in favor of one party. 2. Military law. A military tribunal's finding that directly relates to the determination of guilt or innocence. fine, n. (13c) 1. An amicable final agreement or com promise of a fictitious or actual suit to determine the true possessor of land. -The fine was formerly used as a form of conveyance to disentail an estate. -Also termed final concord;finalis concordia. See FOOT OF THE FINE. "A peculiar and persistent use of the writ [of covenant] was in levying a fine. A fine finalis concordia was the compromise of a suit, settled upon terms approved by the court, The dispute, while it might be a reality, was more often fictitious, and was chiefly used as a means of conveying land .... Soon after IGlanvill's] book was written, an innovation was made in the procedure which endured until 1833. The terms of the compromise, agreed by the parties and approved by the judges, were entered upon a threefold indenture, one of the parts being given to each of the litigants and the third the 'foot' or bottom of the document being kept among the records of the court. The parties thus obtained incontestable evidence and abundant security, and either could sue the other ifthe agreement were not implemented." C.H.S. Fifoot, History and Sources of the Common Law: Tort and Contract 256 (1949). "Unlike the recovery, which was a real action, the fine was a compromised fictitious personal action, originally designed as a method of ensuring security in conveyancing and only later being employed for the purpose of barring estates tail. In outline, it operated in the following manner, The intending purchaser brought an action, begun by writ of covenant, against the intending vendor. The parties then applied to the court to compromise the action; by the terms of the compromise (finis) the intending vendor admitted that the land belonged to the intending purchaser because he had given it to him, and the terms of the compromise were recorded in the court records. The fine owed its popu larity as a means ofconveyancing to two factors, neither of which was present in the standard method of conveyance by means of feoffment, First, the enrolling in the court records provided evidence of the transaction which was both permanent and free from the danger of forgery. Secondly, the effect of the fine was to set running a short period of limitation at the expiration ofwhich all claims to the land were barred. It was this second aspect which made the device attractive as a means of 'barring' fees tail." Peter Butt, Land Law 102-03 (2d ed. 1988). executed fine. Hist. A fine made on acknowledgment of the right of the grantee to land given to him as a gift from the grantor. -1his was abolished in England in 1833. 3 & 4 Will. 4, ch. 74. 2. FINE FOR ALIENATION. 3. A fee paid by a tenant to the landlord at the commencement of the tenancy to reduce the rent payments, 4. Hist. A money payment from a tenant to the tenant's lord. common fine. A sum of money due from a tenant to a lord to defray the cost of a court leet or to allow the litigants to try the action closer to home. -Also termed head-silver. S. A pecuniary criminal punishment or civil penalty payable to the public treasury. [Cases: Fines C=.1.5.J fine, vb. day fine. A fine payable over time, usu. as a percentage of the defendant's earnings on a weekly or monthly basis. excessive fine. (16c) 1. Criminal law. A fine that is unreasonably high and disproportionate to the offense committed. -'The Eighth Amendment pro scribes excessive fines. An example of an excessive fine is a civil forfeiture in which the property was not an instrumentality ofthe crime and the worth ofthe property was not proportional to the owner's culpa bility. [Cases: Fines C=;::; 1.3.] 2. A fine or penalty that seriously impairs one's earning capacity, esp. from a business. fresh fine. Hist. A fine levied within the past year. fineable. See FINABLE. Fine and Recovery Act. Hist. An English statute, enacted in 1833, that abolished the use of fines as a method of conveying title to land. 3 & 4 Will. 4, ch. 74. See FINE (1). fine annullando leva to de tenemento quod fuit de antiquo dominico (fI-nee a-na-lan-doh la-yay-to dee ten-a-men-toh kwod fyoo-it dee an-tI-kwoh da-min <'l-koh). [Latin "a fine to be annulled levied from a tenement which was of ancient demesne"] Hist. A writ for disannulling a conveyance ofland in ancient demesne to the lord's prejudice. fine capiendo pro terris (fI-nee kap-ee-en-doh proh ter-is). [Latin "a fine to be taken for lands"J Hist. A writ that an imprisoned felon could use in some cir cumstances to obtain release from jail and to recover lands and goods taken during imprisonment. 709 finis fine for alienation. Hist. A fee paid by a tenant to the lord upon the alienation of a feudal estate and substitution of a new tenant. -It was payable by all tenants holding by knight's service or tenants in capite by socage tenure. Often shortened to fine. fine for endowment. Hist. A fee paid by a widow of a tenant to the tenant's lord. -If not paid, the widow could not be endowed of her husband's land. finem facere (fI-n~m fay-s~-ree). [Latin] Hist. 1. To make a composition or compromise; to relinquish a claim in exchange for consideration. "In the thirteenth century the king's justices wield a wide and a 'common law' power of ordering that an offender be kept in custody. They have an equally wide power of discharging him upon his 'making fine with the king.' We must observe the language of the time. In strictness they have no power to 'impose a fine.' No tribunal of this period, unless we are mistaken, is ever said to impose a fine. To order the offender to pay so much money to the king -this the judge may not do. If he did it, he would be breaking or evading the Great Charter, for an amercement should be affeered, not by royal justices, but by neighbours of the wrongdoer. What the judges can do is this: they can pronounce a sentence of imprisonment and then allow

the wrongdoer. What the judges can do is this: they can pronounce a sentence of imprisonment and then allow the culprit to 'make fi ne,' that is to make an end (finem facere) of the matter by paying or finding security for a certain sum of money. In theory the fine is a bilateral transaction, a bargain; it is not 'imposed,' it is 'made.'" 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 517 (2d ed. 1899). 2. To make a settlement of a penalty. -Magna Carta (ch. 55) specifically limited "[a]lI fines which were made with us unjustly and contrary to the law ofthe land ..." (Omnes fines qui injuste et contra legem terrae facti sunt nobiscum). fine non capiendo pro pulchre placitando (fI-nee non kap-ee-en-doh proh pdl-kree plas-~-tan-doh). [Latin "a fine not to be taken for pleading fairly"] Hist. A writ prohibiting court officers from taking fines for fair pleading (i.e., beaupleader). fine print. (1951) The part of an agreement or document usu. in small, light print that is not easily noticeable referring to disclaimers, restrictions, or limitations. fine pro redisseisina capiendo (fI-nee proh re-dis-see zin-~ kap-ee-en-doh). [Law Latin "a fine to be taken for again disseising"] Hist. A writ that entitled a person imprisoned for twice dispossessing someone (redissei sin) to release upon payment of a reasonable fine. fines Ie roy (fmz l~ roy). [Law French] Hist. The king's fines. _ A fine or fee that was paid to the monarch for an offense or contempt. fine sur cognizance de droit, comme ceo que il ad de son done (fm s~r kon-az~nts d~ droyt, kom say-oh kweel ad da sawn dawn). [Law French "a fine upon acknowl edgment of the right, as that which he has of his gift"] His!. The most common fine of conveyance, by which the defendant (also called the deforciant) acknowledged in court that he had already conveyed the property to the cognizee. _ This form ofconveyance took the place of an actual livery of seisin. See FINE (1). "But, in general, the first species of fine, 'sur cognizance de droit come ceo, etc.,' is the most used, as it conveys a clean and absolute freehold, and gives the cognizee a seisin in law, without an actual livery; and is therefore called a fine executed, whereas the others are but execu tory." 2 William Blackstone, Commentaries on the Laws of England 353 (1766). fine sur cognizance de droit tantum (fm sar kon-a-zants da droyt tan-t<lm). [Law French "fine upon acknowl edgment of the right merely"] Hist. A fine of convey ance that does not acknowledge a prior conveyance of land. -This type of fine was used to convey reversion ary interests that is, interests that did not require acknowledgment ofan earlier livery ofseisin. See FINE (1). fine surconcessi! (fm S<lr k~n-ses-it). [Law French] Hist. A species of conveyance in which the cognizor does not acknowledge the cognizee's preceding right in land but grants the cognizee an estate de novo, usu. for life or a term of years, by way of supposed composition. See FINE (1). fine sur done, grant et render (fm S<lr dawn, grant ay ren-d~r). [Law French "fine upon gift, grant and render"] Hist. A double conveyance, consisting of a fine sur cognizance de droit come ceo que il ad de son done and afine sur concessit, used to convey particular limitations ofestates. -For example, after acknowledg ment of the cognizee's right in the land, the cognizee would grant back to the cognizor or a third party some other estate in the land. See FINE (1). finger, vb. (1930) Slang. To identify (a person) as a per petrator, usu. ofa crime <in his grand-jury testimony, Vinson fingered Bauer as the gunman>. finger pillory. See PILLORY. fingerprint, n. (1859) 1. The distinctive pattern oflines on a human fingertip <no two fingerprints are identi cal>. [Cases: Criminal Law C=>475.5.] 2. The impres sion of a fingertip made on any surface <the detective found several fingerprints on the knife>. 3. An ink impression of the pattern of lines on a fingertip, usu. taken during the booking procedure after an arrest <after Dick had his fingerprints taken, he was put in the drunk tank>. -Also termed print; thumbprint. Cf. DNA IDENTIFICATION. fingerprint, vb. finger printing, n. fingerprint claim. See PATENT CLAIM. finire (fi-nI-ree), vb. [Law Latin] Hist. 1. To fine; to pay a fine. 2. To end or finish a matter. finis (fI-nis or fin-is). [Latin] (ISc) Hist. 1. Boundary or limit. 2. The compromise of a fine of conveyance. See FINE (1). "The parties then applied to the court to compromise the action; by the terms of the compromise (finis) the intending vendor admitted that the land belonged to the intending purchaser because he had given it to him, and the terms of the compromise were recorded in the court records." Peter Butt, Land Law 102 (2d ed. 1988). 3. A fine, or payment of money made to satisfy a claim of criminal penalty. 710 finitio jinitio (fi-nish-ee-oh). [Law Latin] Hist. An ending; death. jinium regundorum actio (fI-nee-;)m ri-g;)n-dor-;)m ak-shee-oh). [Latin "action for regulating boundar ies"] Roman law. An action for settling a boundary dispute. FlO. abbr. Free in and out. This bill-of-Iading term means that the shipper supervises and pays for loading and unloading ofcargo. [Cases; Shipping C-:::> 1l0.] FIOS. abbr. Free in and out stowed . This bill-of-lading term means that the shipper supervises and pays for loading, unloading, and stowing. [Cases; Shipping (;:::::> 110.] firdfare. See FERDFARE. fire, vb. (1885) To discharge or dismiss a person from employment; to terminate as an employee. [Cases: Labor and Employment (;:::J82S.] firearm. (17c) A weapon that expels a projectile (such as a bullet or pellets) by the combustion ofgunpowder or other explosive. [Cases; Weapons (;:::J8.] firebote. See housebote under BOTE (1). firebug. See INCENDIARY (I). firefighter's rule. A doctrine holding that a firefighter, police officer, or other emergency professional may not hold a person, usu. a property owner, liable for unintentional injuries suffered by the professional in responding to the situation created or caused by the person. Also termed fireman's rule. [Cases; Negli gence (;:::J570, 1315.] fire insurance. See DISURANCE. fireman's rule. See FIREFIGHTER'S RULE. fire ordeal. See ordeal by fire under ORDEAL. fire sale. See SALE. firing squad. (l9c) 1. A group of persons assembled to carry out a capital-punishment sentence by shooting the prisoner with high-powered rifles at the same time from a short distance. 2. A military detachment that fires a salute, usu. during the burial ceremony for the person being honored. firm, n. (lSc) 1. The title under which one or more persons conduct business jOintly. 2. The association by which persons are united for business purposes . Traditionally, this term has referred to a partnership, as opposed to a company. But today it frequently refers to a company. See LAW FIRM. firma. [Latin]l. A lease. 2. A corporation or partner ship. firma burgi (far-m;) bar-jI). [Law Latin "the farm ofthe borough"] Hist. A person's right to take the profits of a borough. The monarch or the borough's lord granted this right to a person upon payment of a fixed sum. jirmafeodi. See FEE FARM. firma noctis. See NOCTEM DE FIRMA. jirmaratio (f;)r-m,,-ray-shee-oh). [Law Latin] His/. A tenant's right to the lands and tenements leased to him. firmarius (f"f-mair-ee-;)s). [Law Latin] A person entitled to take rent or profits. Cf. FERMER (2). jirma social (feer-mah soh-syahl). [Spanish] Spanish law. An officially registered name of a corporation or partnership. firm bid. See BID (2). firm-commitment underwriting. See UNDERWRITING. firme. See FARM. jirmitas (far-ma-tas). [Law Latin] Hist. An assurance of some privilege by deed or charter. firm offer. See irrevocable offer under OFFER. firm opportunity. A law-firm lawyer's opportunity to profit individually from a venture from which the firm might benefit, as opposed to the individual lawyer, and as to which the lawyer must therefore defer to the firm and turn over any income to the firm. firm-opportunity doctrine. See CORPORATE-OPPORTU NITY DOCTRINE. First Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, guaranteeing the freedoms of speech, religion, press, assembly, and petition. [Cases: Constitutional Law C='1150-1205.] first-blush rule. The common-law principle that allows a court to set aside a verdict as excessive because the verdict causes the mind to immediately conclude that it resulted from passion or prejudice on the part ofthe jury. [Cases: Federal Civil Procedure C:~)2345; New Trial (;:::J77(2).] first cause. See proximate cause under CAUSE (1). first chair, n. (1952) Slang. The lead attorney in court for a given case <despite having worked at the firm for six years, the associate had yet to be first chair in a jury trial>. -first-chair, vb. first cousin. See COUSIN (1). first-degree, adj. See DEGREE (2). first-degree amendment. See primary amendment under AMENDMENT (3). first-degree manslaughter. See MANSLAUGHTER. first-degree murder. See MURDER. first-degree principal. See principal in the first degree under PRINCIPAL (2). first-degree sexual conduct. (1979) Sexual battery that involves an aggravating factor, as when the perpetrator commits the offense against a minor or when the per petrator commits the offense in the course ofcommit ting another crime, such as a burglary. Also termed criminal sexual conduct in the first degree. [Cases: Assault and Battery e::-~)59.] first devisee. See DEVISEE. first-filed rule. See FIRST-TO-FILE RULE. first-filing rule. See FIRST-TO-FILE RULE. 711 first fruits. 1. Hist. One year's profits from the land of a tenant in capite, payable to the Crown after the tenant's death. -Also termed primer seisin. 2. Hist. Eccles. law. The first year's whole profits of a clergyman's benefice, paid by the incumbent to the Pope, or (after the break with Rome) to the Crown . This revenue was later termed "Queen Anne's Bounty" when it was converted to a fund to benefit the poor. -Sometimes written firstfruits. -Also termed primitiae; primitive; annates; annats; Queen Anne's Bounty. firsthand knowledge. See personal knowledge under KNOWLEDGE. first impression, case of. See CASE. first-in, first-out. An accounting method that assumes that goods are sold in the order in which they were pur chased that is, the oldest items are sold first. -Abbr. FIFO. Cf. LAST-IN, FIRST-OUT; NEXT-IN, FIRST-OUT. first instance, court of. See trial court under COURT. first-inventor defense. Patents. In a suit alleging infringe ment ofa business-method patent, a statutory affirma tive defense made out by showing that the defendant was using the business method commercially for at least a year before the plaintiff filed the patent application . The First Inventor Defense Act of 1999 is codified at 35 lJSCA 273. [Cases: Patents (;:::::>283(1).] first lien. See LIEN. First Lord ofthe Admiralty. Hist. In Britain, a minister and one of the lord commissioners who presided over the navy . The First Lord was assisted by other lords, called Sea Lords, and various secretaries. First Lord ofthe Treasury. English law. The chief officer in charge ofthe treasury . Today, this position is held by the Prime Minister. first magistrate. See MAGISTRATE (1). first meeting. Archaic. Criminal law. The first contact between a killer and a victim after the killer has been informed ofthe victim's insulting words or conduct that provoked the killing . If the killing occurred during the first meeting, a murder charge could be

's insulting words or conduct that provoked the killing . If the killing occurred during the first meeting, a murder charge could be reduced to manslaughter. See HEAT OF PASSION. first meeting ofcreditors. See creditors' meeting under MEETING. first mortgage. See MORTGAGE. first-mortgage bond. See BOND (3). first name. See personal name under NAME. first-named insured. See primary insured under INSURED. first of exchange. Archaic. The first in a series of drafts (bills ofexchange) drawn in duplicate or triplicate for safety in their delivery, the intention being that the acceptance and payment of anyone of them, usu. the first to arrive, cancels the others in the set. first offender. See OFFENDER. first office action. See OFFICE ACTION. first option to buy. See RIGHT OF PREEMPTION. first-to-invent system first-party insurance. See INSURANCE. first-past-the-post voting. See plurality voting under VOTING. first policy year. Insurance. The first year of a life insurance policy that is to be automatically renewed annually. This statutory phrase prohibits an insurer from using the policy's suicide exclusion as a defense and refusing payment on the policy when an insured commits suicide after the first year of the policy. The insurer can invoke the suicide exclusion as a defense to payment only if the insured commits suicide in the first policy year. [Cases: Insurance ~~2434(1), 2594(5), 3125.] first purchaser. See PURCHASER (2). first refusal, right of. See RIGHT OF FIRST REFUSAL. first-sale doctrine. (1963) L Copyright. The rule that the purchaser ofa physical copy ofa copyrighted work, such as a book or CD, may give or sell that copy to someone else without infringing the copyright owner's exclusive distribution rights . With regard to that physical copy, the copyright owner's distribution right is said to be exhausted. 17 USCA 109(a). [Cases: Copyrights and Intellectual Property (;:::::>38.5.] 2. Patents. The principle that the buyer ofa patented article has the right to use, repair, and resell the article without interference from the patentee . The patentee may still retain control of the article through terms in the license or sale contract. See PATENT-EXHAUSTION DOCTRINE. [Cases: Patents (;:::::> 191.] first taker. See TAKER. first-to-file rule. (1969) Civil procedure. 1. The principle that, when two suits are brought by the same parties, regarding the same issues, in two courts ofproper juris~ diction, the court that first acquires jurisdiction usu. retains the suit, to the exclusion of the other court. The court with the second-filed suit ordinarily stays proceedings or abstains. But an exception exists if the first-filed suit is brought merely in anticipation of the true plaintiff's suit and amounts to an improper attempt at forum-shopping. See ANTICIPATORY FILING. [Cases: Courts (~~)475, 493, 514; Federal Courts (;:::::> 1145.] 2. The doctrine allowing a party to a previously filed lawsuit to enjoin another from pursuing a later~ filed action. -Also termed first-filing rule; first-filed rule; priority-jurisdiction rule. [Cases: Courts (;::'480, 507,508,516; Federal Courts (;:::::> 1145.] first-to-file system. Patents. The practice of granting priority to the first person to file a patent application. Most ofthe world uses a first-to~file patent system; the only major exception is the United States, which grants priority to the first inventor. Cf. FIRST-TO~INVENT SYSTEM. [Cases: Patents ~-c:>90(1).1 first-to-invent system. Patents. The practice ofawarding a patent to the first person to create an invention, rather than the first to file a patent application . Because the first inventor is not necessarily the first person to file for a patent, an interference hearing is held to decide who is entitled to the patent. This system is used only in the United States. See CONCEPTION OF INVENTION; I fish royal. Hist. Whales, sturgeon, and porpoises that, PRIORITY OF INVENTION. Cf. FIRST-TO-FILE SYSTEM. [Cases: Patents (::::090(1).] first user. See SENIOR USER. FISA. abbr. FOREIGN INTELLIGENCE SURVEILLANCE ACT. FISC. abbr. UNITED STATES FOREIGN INTELLIGENCE SUR VEILLANCE COURT. fisc (fisk), n. [Latinfiscusl The public treasury. -Also spelledfisk. fiscal (fis-kal), adj. (16c) 1. Of or relating to financial matters <fiscal year>. 2. Ofor relating to public finances or taxation <the city's sound fiscal policy>. fiscal agent. See AGENT (2). fiscal officer. See OFFICER (1). fiscal period. See fiscal year under YEAR. fiscal year. See YEAR. fiscus (fis-kas), n. [Latin "the basket" or "moneybag"Jl. Roman law. The emperor's treasury. -In later Roman times, the term also included the treasury of the state. See AERARIUM. 2. Hist. The treasury of a monarch (as the repository of forfeited property), a noble, or any private person. 3. The treasury or property of the state as distinguished from the private property ofthe monarch. Cf. HANAPER. fishery. (16c) 1. A right or liberty of taking fish. -Fishery was an incorporeal hereditament under old English law. Also termed piscary. [Cases: Fish (::::03.] free fishery. An exclusive right of fishery, existing by grant or prescription from the monarch, to take fish in public water such as a river or an arm ofthe sea. Also termed libera piscaria. right offishery. The right of persons to fish in public waters, subject to federal and state restrictions and regulations, such as fishing seasons, licenSing, and catch limits. severalfishery. A right to fish in waters that are neither on one's own land nor on the land of a person who granted the right to fish. 2. A fishing ground. common fishery. A fishing ground where all persons have a right to take fish. Cf. common ofpiscary under COMMON. fishing expedition. An attempt, through broad discov ery requests or random questions, to elicit information Also from another party in the hope that something relevant might be found; esp., such an attempt that exceeds the scope ofdiscovery allowed by procedural rules. termedfishing trip. [Cases: Federal Civil Procedure 1272; Pretrial Procedure (::::028.] "No longer can the time-honored cry of 'fishing exped i tion' serve to preclude a party from inquiring into the facts underlying his opponent's case." Hickman v, Taylor, 329 U.S. 495, 507, 67 S.Ct. 385, 392 (1947). when thrown ashore or caught near the English coast, become Crown property. fisk. See FISC. fistuca. See FESTUCA. fithwite. See FUTHWITE. fitness for a particular purpose. See implied warranty of fitness for a particular purpose under WARRANTY (2). fitness hearing. See transfer hearing under HEARING. fit occupantis (fit ahk-ya-pan-tis). [Latin] Hist. It becomes the property of the captor. Five Mile Act. Hist. A 1665 English act prohibiting Puritan ministers from teaching or coming within five miles of any town where they had held office if they refused to pledge that they would not seek to overturn the Church of England. -The Act was repealed in 1689. 501 (c)(3) organization. See CHARITABLE ORGANIZA TION. 529 plan. A state-sponsored plan administered by certain investment companies to allow parents and others to accumulate pretax income to pay for a benefi ciary's (usu. a child's) college education. _ Anyone can contribute to an account set up under 529 plan gUide lines. Withdrawals made for educational purposes are taxed at the beneficiary's tax rate; other withdrawals trigger an additional 10% penalty. IRC (26 USCA) 529. [Cases: Internal Revenue G-~4053.1 fix, n. (1816) I. A dose ofan illegal drug <the defendant testified that he robbed the store because he needed to buy a fix>. 2. A navigational reading. fix, vb. (14c) 1. To announce (an exchange price, interest rate, etc.) <interest was fixed at 6%>. 2. To establish (a person's liability or responsibility) <you cannot fix liability on the defendant without evidence>. 3. To agree with another to establish (a price for goods or services), often illegally <representatives of Acme and Widget secretly met to fix prices for their companies' products>_ See PRICE-FIXING. 4. To influence (an action or outcome, esp. a sports event) by improper or illegal means <after losing the election, the challenger claimed that the incumbent had fixed the election>. fix a day to which to adjourn. See adjourn to a day certain under ADJOURN. fixation. Copyright. The process or result of recording a work of authorship in tangible form so that it can be copyrighted under federal law. -Fixation occurs, for instance, when a live television broadcast is transmit ted and Simultaneously recorded on videotape. [Cases: Copyrights and Intellectual Property 12(1).] fix bail, vb. (18c) To set the amount and terms of bail <after hearing the officer's testimony, the judge fixed bail for the defendant at $100,000>. See BAIL. fixed annuity. See ANNUITY. fixed asset. See capital asset (1) under ASSET. fixed-benefit plan. See defined pension plan under PENSION PLAK. fixed capital. See CAPITAL. fixed charge. Seefixed cost under COST (1). fixed cost. See COST (1). fixed debt. See DEBT. fixed-dollar investment. See INVESTMENT. fixed expense. See fixed cost under COST (1). fixed fee. See FEE (1). fixed in a tangible medium of expression. Copyright. (Of a work) embodied in a physical form that is made by the author or under the author's authority and that is either permanent or stable enough to be perceived, reproduced, or otherwise communicated. - A work consisting of sounds, images, or both that is being transmitted is "fixed" ifit is recorded at the same time that it is transmitted. [Cases: Copyrights and Intellec tual Property 12(1).] fixed income. See INCOME. fixed-income investment. See INVESTMENT. fixed-income security. See SECURITY. fixed liability. See fixed debt under DEBT. fixed opinion. See OPINION (3). fixed price. See PRICE. fixed-price contract. See CONTRACT. fixed-rate mortgage. See MORTGAGE. fixed-return dividend. See DIVIDEND. fixed sentence. See SENTENCE. fixed sentencing. See mandatory sentencing under 5EK TENCING. fixed-term lease. Oil & gas. An oil-and-gas lease for a fixed period of time, lacking the indefinite "so long thereafter" provision commonly found in such leases. Cf. HABENDUM CLAUSE. [Cases: Mines and Minerals fixed trust. See TRUST. fixing a jury. See JURY-FIXING. fixture. (18c) Personal property that is attached to land or a building and that is regarded as an irremovable part of the real property, such as a fireplace built into a home. See UCC 9-102(a)(41) . Historically, personal property becomes a fixture when it is physi cally fastened to or connected with the land or building and the fastening or connection was done to enhance the utility ofthe land or building. Ifpersonal property has been attached to the land or building and enhances only the chattel's utility, it is not a fixture. For example, ifbricks are purposely stacked to form a wall, a fixture results. But if the bricks are merely stacked for conve nience until used for some purpose, they do not form a fixture. Also termed permanent fixture; immovable fixture. Cf. IMPROVEMENT. (Cases: Fixtures C=' 1.J "A fixture can best be defined as a thing which, although originally a movable chattel, is by reason of its annexation to, or association in use with land, regarded as a part of the land .... The law of fixtures concerns those situations where the chattel annexed still retains a separate identity in spite of annexation, for example a furnace or a light fixture. Where the chattel annexed loses such identity, as in the case of nails. boards, etc., the problem becomes one of accession." Ray Andrews Brown. The Law of Personal Property 137, at 698 & n.1 (2d ed. 1955). "Broadly. goods can be classified for the purposes of [UCC l 9-313 into three categories: those that remain 'pure goods,' those so substantially integrated into real estate as to become real estate themselves, 'pure realty,' and those in the gray area that would pass in a deed to the real estate but that retain separate status as personal property. These last are fixt

the gray area that would pass in a deed to the real estate but that retain separate status as personal property. These last are fixtures." 4 James J. White & Robert S. Summers. Uniform Commercial Code 33-8, at 338 (4th ed. 1995). agricultural fixture. A fixture erected on leased land for use in agricultural pursuits, such as tilling the land or keeping farm animals . These fixtures mayor may not be removable at the end of the lease. [Cases: Fixtures C=' 16.] domestic fixture. Removable personal property provided by a tenant for the tenant's personal comfort and convenience while occupying leased premises. This term frequently applies to items such as large kitchen appliances. See tenant's fixture. Cf. ornamen tal fixture. [Cases: Fixtures (;::::::> 17, 18.3.] ornamental fixture. Removable personal property that a tenant attaches to leased premises to make them more attractive and comfortable . This term some times overlaps with domestic fixture when an object is decorative as well as functional. See tenant's fixture. Cf. domestic fixture. [Cases: Fixtures 18.3.] tenant's fixture. (1832) Removable personal property that a tenant affixes to the leased property but that the tenant can detach and take away. -Also termed movable fixture. See domestic fixture; ornamental fixture. [Cases: Fixtures (;::;:> 13.] trade fixture. (1839) Removable personal property that a tenant attaches to leased land for business purposes, such as a display counter. Despite its name, a trade fixture is not usu. treated as a fixture -that is, as irremovable. (Cases: Fixtures (;::~) 15.] fixture filing. (1972) The act or an instance of record ing, in public real-estate records, a security interest in personal property that is intended to become a fixture. See UCC 9-102(a)(40) . The creditor files a financing statement in the real-property records of the county where a mortgage on the real estate would be filed. A fixture-filing financing statement must contain a deSCription of the real estate. (Cases: Secured Trans actions (;::::::>85, 94.] FJe. abbr. FEDERAL JUDICIAL CENTER. FKA. abbr. Formerly known as. Also rendered FIKIA; fka;f!kla. flag, n. (14c) 1. A usu. rectangular piece ofcloth, bunting, or other material decorated with a distinctive design and used as a symbol or Signal. 2. Something symbol ized by the display of a flag, such as a ship or national ity. See DUTY OF THE FLAG; LAW OF THE FLAG. jlag ofconvenience. Int'llaw. A national flag flown by a ship not because the ship or its crew has an affilia tion with the nation, but because the lax controls and modest fees and taxes imposed by that nation have attracted the owner to register it there. After World War II, shipowners began registering their ships in countries such as Panama, Liberia, and Honduras to avoid expensive and restrictive national regulation of lahor, safety, and other matters. Since the late 1950s, there has been increasing international pressure to require a "genuine link" between a ship and its flag state, but this reform has been slow in coming. Abbr. FOC. [Cases: Shipping jlag oftruce. Int' flaw. A white flag used as a signal when one belligerent wishes to communicate with the other in the field . The bearers ofsuch a flag may not be fired on, injured, or taken prisoner, as long as they carry out their mission in good faith. flag desecration. The act of mutilating, defacing, burning, or flagrantly misusing a flag . Flag dese cration is constitutionally protected as a form of free speech. United States v. Eichman, 496 U.S. 310, 110 S.Ct. 2404 (1990). [Cases: United States (:::::>5.5.] flag mast. See MAST (1). jlagrans bellum (flay-granz bel-;3m). [Latin "raging war"] A war currently being waged. jlagrans crimen (flay-granz en-man). [Latin] A crime in the very act of its commission or ofrecent occurrence; a fresh crime. jlagrante bello (fla-gran-tee bel-oh). [Latin] During an actual state ofwar. jlagrante delicto. See IN FLAGRANTE DELICTO. flag state. Maritime law. The state under whose flag a ship is registered . A ship may fly the flag ofone state only. [Cases: Shipping ~2.J flag-state control. Maritime law. The exercise ofauthor ity by a state over vessels that fly under its flag to ensure compliance with domestic and international safety and environmental laws and regulations. Cf. COASTAL STATE CONTROL; PORT-STATE CONTROL. [Cases: Shipping~2.J flash-of-genius rule. Patents. The now-defunct prin ciple that a device is not patentable if it was invented as the result of trial and error rather than as a "flash of creative genius." 1he rule, which takes its name from language in Cuno Engineering Corp. v. Automatic Devices Corp., 314 U.S. 84, 91, 62 S.Ct. 37,41 (1941), was legislatively overturned in 1952. 35 USCA 103. [Cases: Patents ~17.J flat, adv. 'Without an allowance or charge for accrued interest <the stock was sold flat>. flat, n. A house in a larger block; an apartment. flat bond. See BOND (3). flat cancellation. See CANCELLATION. flat money. See fiat money under MONEY. flat reinsurance. See REINSURANCE. flat sentence. See determinate sentence under SENTENCE. flat tax. See TAX. flat time. See TIME. fledwite (fled-WIt). Hist. 1. A discharge from an amerce ment (a fine) for a fugitive who turns himselfor herself in to the monarch. 2. The fine set on a fugitive as the price for obtaining freedom. 3. The right to hold court and take an amercement for the offenses ofbeating and striking. -Also spelled jleduite. -Also termed flighwite. flee from justice. See FLIGHT. fleet insurance. See INSURANCE. Fleet marriage. See MARRIAGE (1). Fleet Prison. Hist. A large London jail best known for holding debtors and bankrupts in the 18th and 19th centuries. Formerly standing beside the Fleet River, it was opened in 1197 and operated almost continuously until it was closed and demolished in 1846. fleme (fleem). Hist. An outlaw; a fugitive bondman or villein. Also spelled flem. Also termedflyma. flemene frit (flee-m;3n frit). Hist. The harboring or aiding ofa fleme (a fugitive). -Also termed and spelled jlernenes frinthe; flemensfirth; flyman frynth; flyrnena frynthe. flemeswite (fleemz-wIt). Hist. The privilege to possess, or the actual possession of, the goods and fines of a fleme (a fugitive). Fleta seu Commentarius Juris Anglicani (flee-t;:) syoo kom-an-tair-ee-as joor-is ang-gl;3-kay-m). Hist. 1he title ofan ancient treatise on English law, composed in the 13th century and first printed in 1647. The work is largely derivative, being based on Bracton's De Legibus et Consuetudinibus. The unknown author may have been a judge or lawyer who wrote the treatise while in London's Fleet prison. Often shortened to Fleta. FLETC. abbr. FEDERAL LAW ENFORCEMENT TRAINING CENTER. flexdollars. Money that an employer pays an employee, who can apply it to a choice of employee benefits. flexible constitution. See CONSTITUTION. flexible-rate mortgage. 1. See adjustable-rate mortgage under MORTGAGE. 2. See renegotiable-rate mortgage under MORTGAGE. flextime. (1972) A work schedule that employees have discretion to alter as long as they work their required number ofhours over a specified period (usu. a week). flexweek. A four-day workweek, usu. consisting offour lO-hour days. flier policy. See INSURANCE POLICY. flight. (bef. 12c) The act or an instance offleeing, esp. to evade arrest or prosecution <the judge denied bail because the defendant is a flight risk>. -Also termed flight from prosecution; flee from justice. 715 FLRA flight easement. See avigational easement under EASEMENT. flight from prosecution. See FLIGHT. flighwite. See FLEDWITE. flim flam. (16c) A scheme by which a person is tricked out of money; CONFIDENCE GAME . The term origi nated as the name of a machine at the heart of a mid 19th-century patent case, Sloat v. Spring, 22 F. Cas. 330 (C.C.E.D. Pa. 1850). -Also termed faith and trust. flip, vb. Slang. 1. To buy and then immediately resell secu rities or real estate in an attempt to turn a profit. 2. To refinance consumer loans. 3. To turn state's evidence. See TURN STATE'S EVIDENCE. flip mortgage. See MORTGAGE. flipping. Slang. l. lhe legitimate practice of buying something, such as goods, real estate, or securities, at a low price and qUickly reselling at a higher price. 2. The fraudulent practice ofbuying property at a low price, preparing a false appraisal or other documenta tion showing that property has a much greater value, and quickly reselling the property for an inflated price based on the false document. float, n. (1915) 1. The sum ofmoney represented by out standing or uncollected checks. "'Float' refers to the artificial balance created due to delays in processing cred its and debits to an account." In re Cannon, 277 F.3d 838, 843 (6th Cir. 2002). 2. The delay between a transaction and the withdrawal of funds to cover the transaction. 3. The amount ofa corporation's shares that are available for trading on the securities market. float, vb. (1833) 1. (Of a currency) to attain a value in the international exchange market solely on the basis of supply and demand <the IMF allowed the peso to float>. 2. To issue (a security) for sale on the market <PDQ Corp. floated a new series ofpreferred shares>. 3. To arrange or negotiate (a loan) <the bank floated a car loan to Alice despite her poor credit history>. floatage. See FLOTSAM. floater. See floating-rate note under NOTE (1). floater insurance, See INSURANCE. floating, adj. Not fixed or settled; fluctuating; variable. floating capital. See CAPITAL. floating charge. See floating lien under LIEN. floating debt. See DEBT. floating easement. See EASEMENT. floating-interest bond. See BOND (3). floating lien. See LIEN. floating policy. See INSURANCE POLICY. floating rate. See INTEREST RATE. floating-rate note. See NOTE (1). floating stock. See STOCK. floating zone. See ZONE. floating zoning. See ZONING. floodgate. (usu. pl.) (13c) A restraint that prevents a release of a usu. undesirable result <the new law opened the floodgates oflitigation>. flood insurance. See INSL'RANCE. floodplain. (19c) Land that is subject to floodwaters because ofits level topography and proximity to a river or arroyo; esp., levelland that, extending from a river bank, is inundated when the flow of water exceeds the channel's capacity. floodwater. See WATER. floor. (18c) 1. Parliamentary law. The part of the hall where the members of a deliberative body meet to debate issues and conduct business; esp., a legisla ture's central meeting place where the members sit and conduct business, as distinguished from the gal leries, corridors, or lobbies <the Senate floor> <nom inations from the floor>. See assignment ofthe floor under ASSIGNMENT (6); CLAIM THE FLOOR; HAVE THE FLOOR; OBTAIN THE FLOOR; ON THE FLOOR; privilege ofthe floor under PRIVILEGE (6). [Cases: States <:::=32.] 2. The trading area where stocks and commodities are bought and sold on an exchange <the broker placed his buy order with the trader on the floor ofthe NYSE>. 3. The lowest limit <the floor for that position is $25,000 per year>. floor amendment. See AMENDMENT (3). floor debate. See DEBATE. floor-plan financing. See FINANCING. floor planning. Seefloor-plan financing under FINANC ING. floor-plan rule. The principle by which a vehicle owner who has placed for sale a vehicle in a retail dealer's showroom is estopped to deny the title ofan innocent purchaser from the dealer in the ordinary course of ret

showroom is estopped to deny the title ofan innocent purchaser from the dealer in the ordinary course of retail dealing. [Cases: Estoppel floor price. See PRICE. floor tax. See TAX. flotage. See FLOTSAM. flotation. See OFFERING. flotation cost. See COST (1). floterial district. See DISTRICT. flotsam (flot-s;)m). (17c) Goods and debris, esp. those from a shipwreck, that float on the surface of a body of water. Also termedfloatage;flotage. Cf. JETSAM; LAGAK (1); WAVESON. flowage. (19c) The natural movement of water from a dominant estate to a servient estate . It is a privilege or easement of the owner ofthe upper estate and a ser vitude of the lower estate. [Cases: Waters and Water Courses G=:> 116-119, 161.] flowage easement. See EASEMENT. flower bond. See BOND (3). FtRA. abbr. FEDERAL LABOR RELATIONS AUTHORITY. FLSA 716 FLSA. abbr. FAIR LABOR STANDARDS ACT. fluctuating clause. See ESCALATOR CLAUSE. flyer policy. See flier policy under INSURANCE POLICY. fly for it. Hist. To flee after allegedly committing a crime. The ancient custom in criminal trials was to ask the jury after its verdict even a not-guilty verdict -"Did he fly for it?" The purpose was to enable the jury to find whether the defendant had fled from justice. A defen dant who had fled would forfeit personal property, even though found not guilty on the underlying charge. flyma. See HEME. flyman frynth. See FLEMENE FRIT. flymena frynthe. See FLEMENE FRIT. fly-power assignment. See ASSIGNMENT (2). flyspeck, n. Insurance. A potential trivial defect in title to real property, as a result of which a title-insurance company is likely to exclude any risk from that defect before issuing a policy. flyspeck, vb. FMC. abbr. FEDERAL MARITIME COMMISSION. FMCS. abbr. FEDERAL MEDIATION AND CONCILIATION SERVICE. FMCSA. abbr. FEDERAL MOTOR CARRIER SAFETY ADMIN ISTRATION. FmHA. abbr. FARMERS' HOME ADMINISTRATION. FMLA. abbr. 1. FAMILY AND MEDICAL LEAVE ACT. 2. FEDERAL MARITIME LIEN ACT. FMS. abbr. FINANCIAL MANAGEMENT SERVICE. FMSF. abbr. FALSE MEMORY SYNDROME FOUNDATION. FMSHRC. abbr. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION. FMV. See fair market value under VALUE (2). FNMA. abbr. FEDERAL NATIONAL MORTGAGE ASSOCIA TION. FNS. abbr. FOOD, NUTRITION, AND CONSUMER SERVICE. FOB. abbr. FREE ON BOARD. FOB destination. See FREE ON BOARD. FOB shipping. See FREE ON BOARD. FOC. See flag ofconvenience under FLAG. foedus (fee-das). [Latin "league"] Hist. Int'I law. A treaty; league; compact. foenus nauticum (fee-llds naw-ta-bm). [Latin] Civil law. :t\autical or maritime interest; esp., an extraordi nary rate ofinterest charged to underwrite a hazardous voyage. -Also termed usura maritima. foesting-men. See HABENTES HOMINES. foeticide. See FETICIDE. foetus. See FETl:S. FOIA (foY-d). abbr. FREEDOM OF INFORMATION ACT. foiable (foy-a-bal), adj. (1981) Slang. (Of documents) subject to disclosure under the Freedom ofInforma Hon Act (ForA). [Cases: Records C=>53.] folcland. See FOLKLAND. foldage. See FALDAGE (1). folio (foh-Iee-oh). [fro Latinfolium "leaf"] (15c) 1. Hist. A leaf of a paper or parchment, numbered only on the front. A folio includes both sides of the leaf, or two pages, with the letters "a" and "b" (or "r" and "v," signi fying recto and verso) added to show which of the two pages was intended. 2. Rist. A certain number ofwords in a legal document, used as a method ofmeasurement. In England, 72 or 90 words formed a folio; in the United States, 100 words. folio, vb. "Folio ... [a] certain number of words; in conveyances, etc., and proceedings in the High Court amounting to seventy two, and in parliamentary proceedings to ninety." Ivan Horniman, Wharton's Law Lexicon 368 (13th ed. 1925)_ 3. A page number on a printed book. 4. A large book the pages of which are formed by folding a sheet of paper only once in the binding to form two leaves, making available four pages (both sides of each leaf). folkland. Hist. Land held by customary law, without written title. -Also spelled foleland. Cf. BOOKLAND; LOANLAND. "In all discussions on Anglo-Saxon law bookland is con trasted with 'folkland: The most recent and probably the most correct view is that folkland simply means land subject to customary law, as opposed to land which was held under the terms of a charter. It would seem that the view that folkland means public land or land of the people, though till recently generally accepted, must be abandoned as resting on insufficient evidence. It appears that folkland might either be land occupied by indiViduals or families or communities, or it might be waste or unoccupied land. The only characteristic which can be universally ascribed to it is, that it is not bookland." Kenelm E. Digby, An Intro duction to the History of the Law of Real Property 15 (5th ed.1897). folk Jaws. See LEGES BARBARORUM. folkmote. See HALLMOTE (3). follow, vb. (bef. 12c) To conform to or comply with; to accept as authority <the lawyer assumed that the Supreme Court would follow its own precedent>. following-form policy. See INSURANCE POLICY. follow-the-fortunes doctrine. Insurance. The principle that a reinsurer must reimburse the reinsured for its payment of settled claims as long as the reinsured's payments were reasonable and in good faith . This rule prevents a reinsurer from second-guessing a reinsured's good-faith decision to pay a claim arguably not covered under the original insurance policy. -Often shortened to follow the fortunes. [Cases: Insurance 3615.] follow-the-settlements doctrine. Insurance. The prin ciple that an indemnitor must accede to the actions of the indemnitee in adjusting and settling claims; esp., the principle that a reinsurer must follow the actions of the reinsured. [Cases: Insurance C=>3615.] fons juris. See SOURCE OF LAW. Food and Drug Administration. A division of the U.S. Public Health Service in the Department ofHealth and Human Services responsible for ensuring that food is safe, pure, and wholesome; that human and animal 717 force drugs, biological products, and medical devices are safe and effective; and that certain other products, such as electronic products that emit radiation, are safe. Created by the Pure Food and Drug Act of 1906, the agency today enforces the Food, Drug, and Cosmetic Act of 1938 and related statutes and regulations. 21 USCA 301 et seq. Abbr. FDA. [Cases: Food 1.7; Health ~302.] food-disparagement law. See AGRICULTURAL-DISPAR AGEMENT LAW. Food, Drug, and Cosmetic Act. A 1938 federal law pro hibiting the transportation in interstate commerce of adulterated or misbranded food, drugs, or cosmetics. -The Act superseded the Pure Food and Drug Act of 1906. Abbr. FDCA. [Cases: Food Health 302.] Food, Nutrition, and Consumer Service. An agency in the U.S. Department of Agriculture responsible for reducing hunger by educating children and needy people about healthy diets and by proViding them access to food through the food-stamp and other programs. -Abbr. FNS. Food Safety and Inspection Service. An agency in the U.S. Department ofAgriculture responsible for inspect ing all types of meat, poultry, eggs, and related products to ensure safety and accurate labeling. Abbr. FSIS. [Cases: Food c>1.7.] fool's test. The test formerly used by federal courts and by the Federal Trade Commission to determine whether an advertisement is deceptive, by asking whether even a fool might believe it. -The name comes from Isaiah: "wayfaring men, though fools, shall not err therein." The test was announced in Charles ofthe Ritz Distrib. Corp. v. Fed. Trade Comm'n, 143 F.2d 676 (2d Cir. 1944). It was replaced by a "reasonable consumer" test by the FTC in 1984. Cf. REASONABLE-CONSUMER TEST. [Cases: Antitrust and Trade Regulation (;:::, 161.] foot acre. See ACRE. footage drilling contract. Oil & gas. A drilling contract under which the drilling contractor is paid to drill to a specified formation or depth, is paid a set amount per foot drilled, and is given broad control over how to do the work. -The risk of unexpected delays, as well as most liabilities, is on the contractor rather than the lease operator under this type of contract. Cf. DAY WORK DRILLING CONTRACT; turnkey drilling contract DRILLING CONTRACT. foot-frontage rule. Tax. A method of property-tax assessment used esp. to pay for improvements such as sidewalks and sewers that considers only the lot's actual frontage on the line of improvement and ignores the depth of the lot and the number and character of other improvements or their value. footgeld (fuut-geld). Hist. In forest law, a fine imposed for not making a dog incapable of hunting by either cutting out the ball ofits paw or cutting off its claws. - Ihe cutting was known as "expeditating" the dog. To be "free" or "quit" of footgeld was to be relieved of the duty to expeditate one's dog. foot of the fine. His!. At common law, the fifth and last part of a fine of conveyance. -This part included the entire matter, reciting the names ofthe parties and the date, place, and before whom it was acknowledged or levied. -Also termed chirograph. See FINE (1). footprint. (16c) l. Evidence. The impression made on a surface of soil, snow, etc., by a human foot or a shoe, boot, or any other foot covering. [Cases: Criminal Law ~475.6.1 2. Real estate. The shape of a build ing's base. for account of. (1826) A form of indorsement on a note or draft introducing the name ofthe person entitled to receive the proceeds. Foraker Act (for-<'l-k<'Ir). The original (1900) federal law i providing Puerto Rico with a civil government, but' keeping it outside the u.s. customs area. See 48 USCA 731-752. foraneous (fCl-ray-nee-Cls), adj. [fr. Latin forum "market place"] Of or relating to a court or marketplace. foraneus (f<'l-ray-nee-Cls), n. [fro Latin joris "without"] Hist. A foreigner; an alien; a stranger. forathe (for-ayth). Hist. In forest law, one who can make an oath or bear witness for another. forbannitus (for-ban-<'l-t<"ls). [Law Latin] Hist. l.A pirate; an outlaw. 2. One who was banished. -Also termed forisbanitus. forbarre (for-bahr), vb. [Law French] Hist. To preclude; to bar out; to estop. forbatudus (for-bd-t[y]oo-dds). [Law Latin] Hist. A person who provokes and dies in - a fight. forbearance, n. (16c) 1. The act of refraining from enforc ing a right, obligation, or debt. -Strictly speaking, forbearance denotes an intentional negative act, while omission or neglect is an unintentional negative act. 2. The act of tolerating or abstaining. forbear, vb. forbidden degree. See prohibited degree under DEGREE. forbidden departure. See DEPARTURE. for cause. For a legal reason or ground. -The phrase expresses a common standard governing the removal of a civil servant or an employee under contract. for cause, adj. for-cause, n' See challenge for cause under CHALLENGE (2). force, n. (14c) Power, violence, or pressure directed against a person or thing. actual force. (16c) Force consisting in a physical act, esp. a violent act directed against a robbery victim. Also termed physical jorce. [Cases: Robbery (;:::)6.] constructive force. (1802) Threats and intimidation to gain control or prevent resistance; esp., threatening words or gestures directed against a robbery victim. [Cases: Robbery~6.1 718 force deadly force. (16c

. [Cases: Robbery~6.1 718 force deadly force. (16c) Violent action known to create a substantial risk of causing death or serious bodily harm. _Generally, a person may use deadly force in self-defense or in defense of another only if retali ating against another's deadly force. -Also termed extreme force. Cf. nondeadly force. "Under the common law the use of deadly force is never permitted for the sole purpose ofstopping one fleeing from arrest on a misdemeanor charge ...." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 1098 (3d ed. 1982). excessive force. (16c) Unreasonable or unnecessary force under the circumstances. extremeforce. See deadly force. independent force. Force not stimulated by a situation created by the actor's conduct. interveningforce. Force that actively produces harm to another after the actor's negligent act or omission has been committed. irresistible force. (16c) Force that cannot be foreseen or controlled, esp. that which prevents the performance ofa contractual obligation; FORCE MAJEURE. [Cases: Contracts (;=>309(1).] legal force. See reasonable force. nondeadly force. (1961) 1. Force that is neither intended nor likely to cause death or serious bodily harm; force intended to cause only minor bodily harm. 2. A threat of deadly force, such as displaying a knife. Also termed moderate force. Cf. deadly force. physical force. See actual force. reasonable force. (17c) Force that is not excessive and that is appropriate for protecting oneself or one's property. -The use of reasonable force will not render a person criminally or tortiously liable. Also termed legal force. "One does not use jeweller's scales to measure reasonable force." Reed v. Wastie, [1972] Crim. L.R. 221 (per Lane, J.) (as quoted in Glanville Williams, Textbook ofCriminal Law 451 (1978)). unlawful force. (16c) Force that is directed against a person without that person's consent, and that is a criminal offense or an actionable tort. Model Penal Code 3.11. [Cases: Assault and Battery(;=> 1,47.] force, vb. (14c) To compel by physical means or by legal requirement <Barnes used a gun to force Jillian to use her ATM card> <under the malpractice policy, the insurance company was forced to defend the doctor>. force and arms. Hist. Violence. _ The phrase was used in common-law pleading in declarations of trespass and in indictments to denote that the offending act was committed violently. See VI ET ARMIS. force and effect, n. (16c) Legal efficacy <mailing the brief had the force and effect of filing it with the clerk>. _ 1he term is now generally regarded as a redundant legalism. forced abortion. See ABORTION. forced conversion. See CONVERSION (1). forced exile. See EXILE. forced heir. See HEIR. forced labor. lnt'llaw. Work exacted from a person under threat of penalty; work for which a person has not offered himself or herself voluntarily. _ Under the U.N. Convention on Civil and Political Rights (article 8), exemptions from this definition include (1) penalties imposed by a court, (2) compulsory military service, (3) action taken in an emergency, (4) normal civil obli gations, and (5) minor communal services. Also termed compulsory labor. forced pooling. See compulsory pooling under POOLING. forced portion. See LEGITIME. forced resettlement.lnt'llaw. The involuntary transfer of individuals or groups within the jurisdiction of a country whether inside its own territory or into or out ofoccupied territory. forced respite. See RESPITE. forced sale. See SALE. forced share. See ELECTIVE SHARE. forced unitization. See compulsory unitization under UNITIZATION. force majeure (fors ma-zhar). [Law French "a superior force"] (1883) An event or effect that can be neither anticipated nor controlled. _ The term includes both acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars). -Also termed force majesture; vis major; superior force. Cf. ACT OF GOD; VIS MAJOR (1). force-ma;enre clause. (1916) A contractual provision allocating the risk of loss if performance becomes impossible or impracticable, esp. as a result of an event or effect that the parties could not have anticipated or controlled. [Cases: Contracts (;=>309(1).] force-the-vote provision. Mergers & acquisitions. A con tractual clause requiring a company's board of direc tors to approve a merger transaction and submit it to the shareholders, who then vote on the merger regard less ofwhether the board recommends that the share holders approve it when the vote is held. forcible, adj. (15c) Effected by force or threat of force against opposition or resistance. "[In the law of trespass, the] term 'forcible' is used in a wide and somewhat unnatural sense to include any act of physical interference with the person or property of another. To lay one's finger on another person without lawful justification is as much a forcible injury in the eye of the law, and therefore a trespass, as to beat him with a stick. To walk peacefully across another man's land is a forcible injury and a trespass, no less than to break into his house vi et armis. So also it is probably a trespass deliberately to put matter where natural forces will take it on to the plaintiff's land." R.F.v. Heuston, Salmond on the Law ofTorts 5 (17th ed. 1977). forcible detainer. 1. The wrongful retention of posses sion ofproperty by one originally in lawful possession, 719 often with threats or actual use ofviolence. 2. FORCIBLE ENTRY AND DETAINER (2). forcible entry. (17c) 1. The act or an instance ofviolently and unlawfully taking possession of lands and tene ments against the will of those in lawful possession. 2. The act of entering land in another's possession by the use of force against another or by breaking into the premises. forcible entry and detainer. (17c) 1. The act of violently taking and keeping possession oflands and tenements without legal authority. [Cases: Forcible Entry and Detainer C=:>4.] "To walk across another's land, or to enter his building, without privilege, is a trespass, but this in itself, while a civil wrong, is not a crime. However, if an entry upon real estate is accomplished by violence or intimidation, or if such methods are employed for detention after a peaceable entry, there is a crime according to English law, known as forcible entry and detainer. This was a common-law offense in England, although supplemented by English statutes that are old enough to be common law in this country.... It has sometimes been said that there are two separate offenses (1) forcible entry and (2) forcible detainer. This may be true under the peculiar wording of some particular statute, but in general it seems to be one offense which may be committed in two different ways." Rollin M. Perkins & Ronald N. Boyce, Criminal Law487-88 (3d ed. 1982). 2. A quick and simple legal proceeding for regaining possession of real property from someone who has wrongfully taken, or refused to surrender, posses sion. -Also termed forcible detainer. See EVICTION; EJECTMENT. [Cases: Forcible Entry and Detainer C=:>6; Landlord and Tenant C=:>287.] "Forcible entry and detainer is a remedy given by statute for the recovery of possession of land and of damages for its detention. It is entirely regulated by statute, and the statutes vary materially in the different states." Benjamin J. Shipman, Handbook ofCommon-Law Pleading 74, at 188 (Henry Winthrop Ballantine ed., 3d ed. 1923). foreclose, vb. (lSc) To terminate a mortgagor's interest in property; to subject (property) to foreclosure proceed ings. [Cases: Mortgages C-~J380.] "Should the mortgagor default in his obligations under the mortgage, the mortgagee will seek to 'foreclose', I.e., 'end' or 'close' the mortgagor's rights in the security. After taking the appropriate statutory steps, the mort gagee will sell the mortgaged property. If the sale is to someone other than the mortgagor or the mortgagee (a 'third party' sale) the proceeds will go: first, to pay the costs of the foreclosure proceedings; second, to payoff the principal indebtedness and accrued interest; third, if there is anything left over (I.e., any 'equity' existed) this is paid to the mortgagor." Edward H. Rabin, Fundamentals of Modern Real Property Law 1087 (1974). foreclosure (for-kloh-zhdr)_ (18c) A legal proceeding to terminate a mortgagor's interest in property, instituted by the lender (the mortgagee) either to gain title or to force a sale in order to satisfy the unpaid debt secured by the property. Cf. REPOSSESSION. [Cases: Mortgages (::::: 380.] equitable foreclosure. (1876) A foreclosure method in which the court orders the property sold, and the proceeds are applied first to pay the costs of the foreign lawsuit and sale and then to the mortgage debt. -Any surplus is paid to the mortgagor. [Cases: Mortgages (:::::>386.) judicial foreclosure. (1839) A costly and time-con suming foreclosure method by which the mortgaged property is sold through a court proceeding requir ing many standard legal steps such as the filing of a complaint, service ofprocess, notice, and a hearing. Judicial foreclosure is available in all jurisdictions and is the exclusive or most common method of foreclo sure in at least 20 states. [Cases: Mortgages C=:>380.] mortgage foreclosure. (1842) A foreclosure ofthe mort gaged property upon the mortgagor's default. [Cases: Mortgages C=:>380, 394.] nonjudicial foreclosure. (1916) 1. See power-of-sale foreclosure. 2. A foreclosure method that does not require court involvement. [Cases: Mortgages 329.) power-of-sale foreclosure, (1946) A foreclosure process by which, according to the mortgage instrument and a state statute, the mortgaged property is sold at a non judicial public sale by a public official, the mortgagee, or a trustee, without the stringent notice require ments, procedural burdens, or delays of a judicial foreclosure. _ Power-of-sale foreclosure is authorized and used in more than half the states. Also termed nonjudicial foreclosure; statutory foreclosure. [Cases: Mortgages C=:>329.] strict foreclosure. (1823) A rare procedure that the mortgagee title to the mortgaged property -without first conducting a sale -after a defaulting mortgagor fails to pay the mortgage debt within a court-speci fied period. _ The use of strict foreclosure is limited to special situations except in those few states that permit this remedy generally. [Cases: Mortgages C=:> 384.] tax foreclosure. (1869) A public authority's seizure and sale ofproperty for nonpayment oftaxes. [Cases: Taxation (:::::2922.] foreclosure decree. (1847) 1. Generally, a decree ordering a judicial foreclosure sale. 2. A decree ordering the strict foreclosure of a mortgage. [Cases: Mortgages 483_] foreclosure sale. See SALE_ foregift. Rist. A premium paid for a lease in addition to rent; forehand rent. See FOREHAND RENT (1). foregoer (for-goh-dr). (lSc) Hist. A royal purveyor; a person who buys provisions for the Crown at an appraised (that is, reduced) price while the royal house hold travels about the country. forehand rent. Hist. 1. A premium paid by the tenant on the making of a lease, esp. on the renewal of a lease by an ecclesiastical corporation. 2. Generally, rent payable before a lease begins. foreign, adj. (13c) 1. Of or relating to another country <foreign affairs>. 2. Ofor relating to another jurisdic tion <the Arizona court gave full faith and credit to the foreign judgment from Mississippi>. -foreigner, n. foreign administration. See ancillary administration under ADMINISTRATION. foreign administrator. See ADMINISTRATOR (2). foreign agent. See AGENT (2). Foreign Agricultural Service. An agency in the U.S. Department of Agriculture responsible for maintain ing a worldwide agricultural intelligence and reporting system. -Abbr. FAS. foreign apposer. See APPOSER. foreign assignment. See ASSIGNMENT (2). foreign bill. See BILL (6). foreign bill of exchange. See foreign draft under DRAFT. foreign bond. See BOND (3). foreign consulate. See CONSULATE. foreign corporation. See CORPORATION. Foreign Corrupt Practices Act. A 1977 federal statute that prohibits United States citizens from offering or paying bribes to foreign officials in order to obtain or maintain a commercial interest, and requires compa

from offering or paying bribes to foreign officials in order to obtain or maintain a commercial interest, and requires compa nies whose securities are listed in the United States to comply with certain accounting practices. 15 USCA 78dd-l, et. seq. [Cases: BriberyC:::> 1(1).] foreign county. See COUNTY. foreign court. See COURT. foreign creditor. See CREDITOR. foreign divorce. See DIVORCE. foreign document. See DOCUMENT. foreign domicile. See DOMICILE. foreign dominion. Hist. A country that at one time was a foreign state but that by conquest or cession has come under the British Crown. foreign draft. See DRAFT. foreign-earned-income exclusion. (1964) The Internal Revenue Code provision that excludes from taxation a limited amount of income earned by nonresident taxpayers outside the United States. -The taxpayer must elect between this exclusion and the foreign tax credit. IRC (26 USCA) 91l(a), (b). See foreign tax credit under TAX CREDIT. [Cases: Internal Revenue C:::>4095-4122.J Foreign Emoluments Clause. The clause of the U.S. Constitution prohibiting titles of nobility and the acceptance of a gift, title, or other benefit from a foreign power. U.S. Const. art. I, 9, cl. 8. -Sometimes short ened to Emoluments Clause. foreigner. (ISc) 1. Hist. A person not an inhabitant ofa particular city under discussion. 2. A citizen of another country. foreign exchange. (17c) 1. The process of making inter national monetary transactions; esp., the conversion of one currency to that of a different country. 2. Foreign currency or negotiable instruments payable in foreign currency, such as traveler's checks. foreign-exchange market. See MARKET. foreign-exchange rate. The rate at which the currency of one country is exchanged for the currency of another country. foreign guardian. See GUARDIAN. foreign immunity. See IMMUNITY (1). Foreign Intelligence Surveillance Act. A 1978 federal statute that established new procedures and courts to authorize electronic surveillance of foreign intelligence operations in the United States . 1be Act established the Foreign Intelligence Surveillance Court and the Foreign Intelligence Court of Review. It allows the Attorney General to obtain warrants that authorize electronic surveillance of suspected foreign-intelli gence operatives without public disclosure and without a showing of probable cause that criminal activity is involved. Abbr. FISA. [Cases: War and National Emergency Foreign Intelligence Surveillance Court. See U~ITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT. Foreign Intelligence Surveillance Court ofReview. See UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW. foreign judgment. See JUDGMENT. foreign jurisdiction. See Il:RISDICTION. foreign jury. See JURY. foreign law. 1. Generally, the law ofanother country. 2. Conflict oflaws. The law ofanother state or ofa foreign country. foreign minister. See MINISTER. foreign object. (l7c) An item that appears where it does not belong; esp., an item introduced into a living body, such as a sponge that is left in a patient's body during surgery. _ Ihe discovery rule usu. tolls the statute of limitations for a medical-malpractice claim based on a foreign object. Also termed foreign substance. See FOREIGN SUBSTANCE. [Cases: Health C=;666; Limita tion ofActions C-~9S(l3).] foreign port. See PORT. foreign-relations law. See INTERNATIONAL LAW. foreign service. (19c) 1. UNITED STATES FOREIGN SERVICE. 2. FORINSEC SERVICE. 3. Rist. A feudal service performed by a tenant outside of the fee. Foreign Service Institute. A unit in the US. Department of State responsible for training officers and employ ees ofthe Foreign Service as well as personnel in other agencies. Abbr. FSI. foreign situs trust. See TRUST. Foreign Sovereign Immunities Act. A federal statute providing individuals with a right of action against foreign governments, under certain circumstances, to the extent the claim arises from the private, as opposed 721 to the public, acts of the foreign state. 28 USCA 1602-161l. Abbr. FSIA. See RESTRICTIVE PRI~CIPLE OF SOVEREIGN IMMU~ITY. [Cases: International Law 10.31-10.39.] "The Foreign Sovereign Immunities Act (FSIA) of 1976 was designed to provide a set of comprehensive regulations governing access to federal and state courts in this country for plaintiffs asserting claims against foreign states and instrumentalities thereof. The enactment of this legislation responded to the reality that increased contacts between American citizens and companies on the one hand, and foreign states and entities owned by foreign states on the other, as well as a constantly expanding range of govern ment activities, had created the need for judicial fora in this country to resolve disputes arisi ng out of these activi ties." 14A Charles Alan Wright et aI., Federal Practice and Procedure 3662, at 160-61 (2d ed. 1998). foreign state. 1. A foreign country. 2. An American state different from the one under discussion. foreign substance. (17c) A substance found in a body, organism, or thing where it is not supposed to be found <the plaintiff sued because she thought she saw -and later confirmed that she had found - a foreign sub stance (namely, a piece of glass) in her hamburger>. foreign support order. See SUPPORT ORDER. foreign tax credit. See TAX CREDIT. foreign trade zone. See FREE-TRADE ZONE. foreign trust. Seeforeign-situs trust under TRUST. foreign vessel. See VESSEL. foreign voyage. See VOYAGE. foreign water. See WATER. forejudge, vb. 1. To prejudge; to judge beforehand. 2. Loosely, FORJUDGE. foreman. (15c) 1. See presidingjuror under JUROR. 2. A person who directs the work ofemployees; an overseer, crew chief, or superintendent. foremanship, n. forematron. Hist. The presiding juror in an all-woman jury. forensic (fCl-ren-sik also -zik), ad). [fro Latin forensis "public," fro Latinforum "court"] (17c) 1. Used in or suitable to courts of law or public debate <forensic psychiatry>. 2. Rhetorical; argumentative <Tietjen's considerable forensic skills>. 3. Hist. Exterior; foreign. See FORENSIS. forensic engineering. (1976) 'The use of engineering principles or analysis in a lawsuit, usu. through an expert witness's testimony. forensic evidence. See EVIDENCE. forensic linguistics. (1973) The science or technique that evaluates the linguistic characteristics of written or oral communications, usu. to determine identity or authorship. forensic medicine. (1845) The branch of medicine that establishes or interprets evidence using scientific or technical facts, such as ballistics. -Also termed medical jUrisprudence. forestalling the market forensic pathology. (1959) The specific branch of medicine that establishes or interprets evidence deating with diseases and disorders ofthe body, esp. those that cause death. forensics (fCl-ren-siks also -ziks). (1963) 1. The art of argumentative discourse. 2. The branch oflaw enforce ment dealing with legal evidence relating to firearms and ballistics. forensic services. Hist. In feudal law, the payment of extraordinary aids or the rendition of extraordinary military services. forensis (f~-ren-sis), ad). [fro Latin forum "court"] Roman law. Of or relating to a court oflaw . An advocate, for example, was sometimes known as a homo forensis. See FORENSIC. foreperson. See presidingjuror under JUROR. foreseeability, n. (1928) The quality of being reasonably anticipatable . Foreseeability, along with actual cau sation, is an element ofproximate cause in tort law. foreseeable, ad). foreseeable damages. See DAMAGES. forest, n. (13c) Hist. A tract of land, not necessarily wooded, reserved to the king or a grantee, for hunting deer and other game. forestall (for-stawl), vb. (bef. 12c) 1. To prevent (an event, result, etc.). 2. His/. To intercept or obstruct (as a person on a royal highway). 3. Hist. To prevent (a tenant) from coming on the premises. 4. Hist. To intercept (as a deer reentering a forest). 5. Hist. To buy (goods) for the purpose of reselling at a higher price. -At common law, this was an indictable offense. See FORESTALLING THE MARKET. -Also spelled forstall. "[AJ growing town in England might have placed a higher \lalue on grain than a neighboring town with a static popula tion, yet traditional patterns of business might continue to send the same amount of grain to both towns. A forestaller would bid against the traditional buyer in the smaller town, obtain the grain, and resell it where it could command a higher price in the larger town. Forestalling did not harm allocative efficiency. Indeed, it was a highly effective means of reallocating scarce goods to their most highly valued uses --the \lery definition of efficiency. Rather, forestalling was objectionable, and thus prohibited as a restraint of trade, because the bidding process necessarily resulted in higher grain prices in many parts of the country." Stephen F. Ross, Principles ofAntitrust Law 12 (1993). forestaller, n. 1. A person who forestalls. 2. Hist. One guilty of the offense of forestalling. See FORESTALL (5). forestalling the market. Hist. 1. The taking possession of commodities on their way to the market. 2. The purchase of goods on their way to the market, with the intention ofreselling them at a higher price. 3. The deterrence of having sellers offer their goods at market at a reasonable price; specif., the crime of inhibiting normal trading by persuading sellers to raise their prices on goods or dissuading them from offering the goods in a particular market, or by purchasing as much as possible of certain goods before they reach the market to drive up prices. forest law. Rist. The body oflaw protecting game and preserving timber. forestry right. A land interest under which a person has the right to enter the land, establish and maintain a crop of trees, harvest them, and construct works for that purpose. [Cases: Logs and Logging Cr~L] Forest Service. An agency in the U.S. Department of Agriculture responsible for managing the nation's national forests . The Forest Service also operates the Youth Conservation Corps and the Volunteers in the ~ational Forest programs. [Cases: Woods and Forests 8.] forfeiture (for-fi-ch;lr), n. (14c) 1. The divestiture of property without compensation. 2. The loss ofa right, privilege, or property because ofa crime, breach ofobli gation, or neglect of duty. Title is instantaneously transferred to another, such as the government, a cor poration, or a private person. [Cases: Controlled Sub stances C=:o 162; Forteitures C=:o 1.] 3. Something (esp. money or property) lost or confiscated by this process; a penalty. -forfeit, vb. -forfeitable, adj. civil forfeiture. (1867) An in rem proceeding brought by the government against property that either facili tated a crime or was acquired as a result of criminal activity. [Cases: Controlled Substances (:::;) 162; For feitures C=:o L] criminal forfeiture. (1866) A governmental proceeding brought against a person to seize property as punish ment for the person's criminal behavior. [Cases: Con trolled Substances Forfeitures Cr~,L] forfeiture ofmarriage. Hist. A penalty exacted by a lord from a ward who married without the lord's consent. The penalty was a money payment double the value that the marriage would otherwise have been worth to the lord. forfeiture ofpay. Military law. A punishment depriv ing the guilty party ofall or part ofhis or her military pay. 4. A destruction or deprivation ofsome estate or right because of the failure to perform some contractual obli gation or condition. "[When a condition] is not likely to occur until the obligee has relied on the expected exchange by, for example, per forming or preparing to perform, ... nonoccurrence of the condition results in the obligee's loss of its reliance interest when the obligee loses the right to that exchange. This loss of reliance interest is often described as 'forfeiture.'" E. Allan Farnsworth, Contracts 8.4, at 533 (3d ed. 1999). forfeiture clause. (1804) 1. A contractual provision stating that, under certain circumstances, one party must forfeit something to the other . Forfeiture clauses are often held to be void, although they are similar to conditions and other qualifications of estates in land. 2. NO-CONTEST CLAUSE. forfeiture restraint. An attempt by an otherwise effec tive conveyance or contract to cause a later conveyance to terminate or to make some or all ofthe later conveyance subject to termination

tive conveyance or contract to cause a later conveyance to terminate or to make some or all ofthe later conveyance subject to termination. Sometimes shortened to restraint. [Cases: Deeds Property C=:o n.] forgavel (for-gav-dl). Hist. A small reserved rent in money; quit-rent. forgery, n. (16c) 1. lhe act offraudulently making a false document or altering a real one to be used as ifgenuine <the contract was void because ofthe seller's forgery>. Though forgery was a misdemeanor at common law, modern statutes typically make it a felony. Also termed false making. [Cases: Forgery C=:o 1.] 2. A false or altered document made to look genuine by someone with the intent to deceive <he was not the true property owner because the deed was a forgery>. Also termed fake. 3. Under the Model Penal Code, the act offraudu lently altering, authenticating, issuing, or transferring a writing without appropriate authorization . Under the explicit terms ofthe Code, writing can include items such as coins and credit cards. Model Penal Code 224.1(1). -forge, vb. forger, n. "While it is true that there is a distinction between fraud and forgery, and forgery contains some elements that are not included in fraud, forgeries are a species of fraud. In essence, the crime of forgery involves the making, altering, or completing of an instrument by someone other than the ostensible maker or drawer or an agent of the ostensible maker or drawer." 37 c.J.S. Forgery 2, at 66 (1997). double forgery. A draft haVing a forged payor signature and a forged indorsement. fori disputationes (for-I dis-pyoo-tay-shee-oh-neez). [Latin "arguments of the court"] Roman law. Argu ments or discussions before a court. forinsec service (f;l-rin-sik). (lSc) Hist. The feudal services owed by a mesne (I.e., intermediate) lord, esp. those of a military nature. -Also termed foreign service;forinsecum servitium. Cf. INTRINSEC SERVICE . "The terminology of Bracton's day and of yet earlier times neatly expresses the distinction between the service which the tenant owes to his immediate lord by reason of the bargain which exists between them, and the service which was incumbent on the tenement whilst it was in the lord's hand. The former is intrinsec service, the latter forinsec service; the former is the service which is created by, which (as it were) arises within, the bargain between the two persons, A and B, whose rights and duties we are discuss ing; the latter arises outside that bargain, is 'foreign' to that bargain .... [T]he term is a relative one; what is 'intrinsec' between A and B is 'forinsec' as regards c." 1 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 238, 239 n.2 (2d ed. 1898). forinsecus (f;l-rin-s;l-k;ls), adv. [fro Latinforis "without"] Hist. On the outside. forinsecus (f;l-rin-s;l-kds), n. [Latin] Hist. A foreigner; someone from another jurisdiction. foris (for-is), adj. [Latin] Abroad; outdoors; without. forisbanitus (for-is-ban-a-tas). See FORBANNITUS. forisbannire (for-is-b;l-nl-ree), vb. [Law Latin "to banish"] Hist. To expel from a certain territory; to banish. forisfacere (for-is-fay-sa-ree), vb. [fro Latinforis "without" +facere "to make"] Hist. 1. To forfeit (an estate or other 723 property). Literally, this means to make the property foreign to oneself. 2. To violate the law; to do a thing against or without the law. forisfactum (for-is-fak-tJm), adj. [Law Latin] Hist. (Of property) forfeited. forisfactus (for-is-fak-tJs). [Law Latin] Hist. A criminal; esp., one who has forfeited his or her life by committing a capital offense. forisfactus servus (for-is-fak-t<:>s sar-vJs). [Law Latin] Hist. A freed slave who has forfeited his or her freedom by committing a crime. forisfamiliate (for-is-fJ-mil-ee-ayt), vb. Latin foris "outside" +familia "family"] (16c) Hist. To emancipate (a son) from paternal authority by a gift ofland. This act usu. rendered the son ineligible to inherit more property. Also termed (archaically) forisfamiliare. forisfamiliated (for-is-fJ-mil-ee-ay-tid), adj. Hist. (Of a son) emancipated from paternal authority and in pos session of a portion of family land in lieu of inheri tance. "If our English law at any time knew an enduring patria potestas which could be likened to the Roman, that time had passed away long before the days of Bracton, Bracton, it is true. has copied about this matter some sentences from the Institutes which he ought not to have copied; but he soon forgets them, and we easily see that they belong to an alien system. Our law knows no such thing as 'emancipation,' it merely knows an attainment of full age .... In old times a forisfamiliated son, that is, one whom his father had enfeoffed, was excluded from the inheritance. This is already antiquated, yet Bracton can find nothing else to serve instead of an emancipatio." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time ofEdward /438, 438 n.3 (2d ed.1899), forisfamiliation. (17c) Scots law. The liberation ofa child from the father's tutelage, as when a child under the age of majority left home, was given seisin in a part of the father's land, or accepted something as a settled inheritance. Cf. EMANCIPATION (2). forisjudicatio. See FORJUDGER. forisjudicatus. See FORJUDGER. forisjurare (for-is-jJ-rair-ee), vb. [Law Latin] Hist. To forswear; to renounce under oath. Also termed forjurer. forisjurare parentilam (for-is-jJ-rair-ee pJ-ren-td-lJm), vb. [Law Latin] Hist, To renounce parental authority . One who did so lost all rights of heirship. forisjurare provinciam (for-is-jJ-rair-ee prd-vin shee-Jm), vb. [Law Latin] Hist. To renounce under oath allegiance to one's country. forjudge, vb. (15c) 1. Hist. To expel a person, esp. an officer or attorney, from court for some offense or misconduct. 2. To deprive (a person) of a thing by a judgment; to condemn (a person) to lose a thing. Also spelled (loosely) forejudge. forjudger (for-;;);-Jr), n. (ISc) Hist. 1. A judgment that deprives a person of a thing. 2. A judgment ofexpulformality sion or banishment. -Also termed forisjudicatio; forisjudicatus. forjurer. See FORISJURARE. forjurer royalme (for-zh<:>-ray roy-ohm), vb. [Law French] Hist. To renounce the kingdom under oath; to abjure the realm. form, n. (Be) 1. lhe outer shape or structure of some thing, as distinguished from its substance or matter <courts are generally less concerned about defects in form than defects in substance>. 2. Established behavior or procedure, usu. according to custom or rule <the prosecutor followed the established form in her closing argument>. 3. A model; a sample; an example <attorneys often draft pleadings by using a form instead of starting from scratch>. 4. The custom ary method of drafting legal documents, usu. with fixed words, phrases, and sentences <Jones prepared the contract merely by following the state bar's form>. 5. A legal document with blank spaces to be filled in by the drafter <the divorce lawyer used printed forms that a secretary could fill in>. Form 8-K. See 8-K. Form IO-K. See lO-K. Form IO-Q. See 1O-Q. forma (for-m;t).lLatin "form"] Hist. The prescribed form ofjudicial proceedings. forma et figura judicii (for-mJ et fig-pr-J joo-dish-ee I). [Latin] Hist. The form and shape of judgment. A form prescribed by statute. formal, adj. (14c) 1. Pertaining to or follOWing estab lished procedural rules, customs, and practices. 2. Cer emonial. formality, n. formal abandonment. See express abandonment under ABANDO~MENT (10). formal acknowledgment. See ACKNOWLEDGMENT. formal agreement. See AGREEMENT. formal contract. See CONTR ACT. formal drawing. See DRAWING. formal fallacy. See FALLACY. formal impeachment. 1. See IMPEACHMENT (1). 2. See IMPEACHMENT (2). formality. (l6c) 1. A small point ofpractice that, though seemingly unimportant, must usu. be observed to achieve a particular legal result. 2. Hist. (pl.) Robes worn by magistrates on solemn occasions. 3. Copy right. (usu. pl.) A procedural requirement formerly required before receiving U.S. copyright protection. Formalities included (1) a copyright notice appear ing on the work. (2) actual publication, (3) registration with the Copyright Office, and (4) deposit ofthe work with the Library of Congress. The formality reqUire ments eroded during the 20th century. Today, none are reqUired, although registration remains a prerequisite for an infringement suit by U.S. authors in the United formal law 724 States. [Cases: Copyrights and Intellectual Property ~50.16.] formal law. (17c) Procedural law. "Procedure is by many German writers inappropriately called 'formal law.'" Thomas E. Holland, The Elements of Jurisprudence 358 n.2 (13th ed. 1924). formal party. See nominal party under PARTY (2). formal rejection. See REJECTION. formal rulemaking. See RULEMAKING. forma pauperis. See IN FORMA PAUPERIS. formata (for-may-tG). [Law Latin] Eccles. law. Canoni cal letters. formata brevia. See BREVIA FORMATA. forma verborum (for-mG vGr-bor-Gm). [Latin] Hist. The form of the words. formbook. A book that contains sample legal docu ments, esp. transaction-related documents such as contracts, deeds, leases, wills, trusts, and securities disclosure documents. formed design. See DESIGN. formedon (for-mG-don). [fro Latin forma doni "form of the gift") (lSc) Hist. A writ ofright for claiming entailed property held by another. A writ of formedon was the highest remedy available to a tenant in tail. Also termed writ offormedon. [Cases: Real Actions "Called formedon, because the writ comprehended the form of the gift. It was of three kinds, in the descender, in the re.mainde.r, and in the reverter." 1 Alexander M. Burrill, A Law Dictionary and Glossary 650 (2d ed. 1867). formedon in the descender. A writ offormedon brought by the issue in tail to recover possession of the land. formedon in the remainder. A writ of formedon brought by a remainderman under a grant or gift in tail to recover possession of the land. formedon in the reverter. A writ of formedon brought by a reversioner or donor of the grant or gift in tail to recover possession of the land. former acquittal. See autrefois acquit under AUTRE FOIS. former adjudication. (ISc) A judgment in a prior action that resulted in a final determination of the rights of the parties or essential fact questions and serves to bar relitigation ofthe issues relevant to that determination. Collateral estoppel and res judicata are the two types offormer adjudication. See COLLATERAL ESTOPPEL; RES JUDICATA. [Cases: Judgment ~540, 634.] former jeopardy. (1870) The fact of having previously been prosecuted for the same offense . A defendant enters a plea of former jeopardy to inform the court that a second prosecution is improper. Cf. DOUBLE JEOPARDY. [Cases: Double Jeopardy C=-'132.1.1 former punishment. Military law. The rule that nonju dicial punishment for a minor offense may bar trial by court-martial for the same offense. form of action. The common-law legal and proce dural device associated with a particular writ, each ofwhich had specific forms of process, pleading, trial, and judgment. The 11 common-law forms of action were trespass, trespass on the case, trover, ejectment, detinue, replevin, debt, covenant, account, special assumpsit, and general assumpsit. [Cases: Action 29; Federal Civil Procedure (:::::::0 71.] "Forms of action are usually regarded as different methods of procedure adapted to cases of different kinds, but in fact

71.] "Forms of action are usually regarded as different methods of procedure adapted to cases of different kinds, but in fact the choice between forms of action is primarily a chOice between different theories of substantive liability, and the scope of the actions measures the existence and extent of liability at common law .... The development and extension of the different forms of action is the history of the recognition of rights and liability in the law of torts, contracts, and property, and the essentials of rights of action." Benjamin j. Shipman, Handbook of Common-Law Pleading 27, 30 at 54, 60 (Henry Winthrop Ballantine ed., 3d ed. 1923). Form S-1. See $-1. formula. [Latin "set form of words"] (17c) 1. Roman law. A written document, prepared by a praetor and forwarded to a judex, identifying the issue to be tried and the judgment to be given by the judex. _ It was based on model pleas formulated by the praetor in his edict and adapted by him or other magistrates in civil suits for the benefit of the judex who had to try the issue. 'These pleas were adapted to the circumstances of the case. The usual parts of a formula were (1) the demonstratio, in which the plaintiff stated the facts of the claim; (2) the intentio, in which the plaintiff speci fied the relief sought against the defendant; and (3) the condemnatio, in which the judex condemned (usu. to pay the plaintiff a sum) or acquitted the defendant. PI. formulae (for-mYd-lee). -Also termed verba concepta (var-bJ kGn-Sep-td). "The Roman judges were not, as with us, the presiding officers in the administration of law and justice. This was the position of the magistrate, the praetor. When a suit at law was commenced, the parties appeared before the praetor, who made a preliminary examination, not to ascer tain the merits of the case, but to find the precise points in controversy. He heard the statements of the plaintiff and the counter-statements of the defendant, and from the two he constructed a formula (as it was called), a brief technical expression ofthe disputed issues. He then appointed a judex ... instructing him to investigate the matter, and if he found the facts to be so and so, as recited in the formula, then to condemn the accused party, but, if he did not find them so, to acqUit him." James Hadley, Introduction to Roman Law 59-60 (1881). [This quotation describes only the period of formulary procedure, ca. 150 B.C.-A.D. 300. Ed.] 2. Common-law pleading. A set form of words (such as those appearing in writs) used in judicial proceed ings. formula deal. An agreement between a movie distribu tor and an independent or affiliated circuit to exhibit a feature movie in all theaters at a specified percentage of the national gross receipts realized by the theaters. formulae (for-mYG-lee). [Latin "set forms of words"] Roman law. Model pleas formulated by the praetor in his edict and adapted by him or other magistrates in 725 civil suits for the benefit ofthe judex who had to try the issue. These pleas were adapted to the circumstances ofthe case. Also termed verba concepta (var-b;:l k;:ln sep-t;:!). formula instruction. See JURY INSTRUCTION. formulary. (16c) 1. Rist. A collection of the forms of proceedings (formulae) used in litigation, such as the writ forms kept by the Chancery. See WRIT SYSTEM. 2. A list ofdrugs that Medicare or a health-maintenance organization will pay for. formulary procedure. Rist. The common-law method of pleading and practice, which required formulaic compliance with the accepted forms of action even if through elaborate fictions . In the 19th century, this type of procedure was replaced both in the United States and in England. See code pleading under PLEADING (2). fornication, n. (14c) 1. Voluntary sexual intercourse between two unmarried persons . Fornication is still a crime in some states, such as Virginia. 2. Rist. Vol untary sexual intercourse with an unmarried woman. At common law, the status ofthe woman determined whether the offense was adultery or fornication adultery was sexual intercourse between a man, Single or married, and a married woman not his wife;fornica tion was sexual intercourse between a man, Single or married, and a single woman. Cf. ADULTERY. [Cases: Criminal Law C-~45.40; Lewdness ~1.] fornicate, vb. -fornicator, n. "Fornication was not a common-law crime but was made punishable by statute in a few states as a misdemeanor." Rollin M. Perkins & Ronald N. Boyce, Criminal Law455 (3d ed. 1982). fornix (for-niks). [Latin] Rist. 1. A brotheL 2. Fornica tion. forprise (for-pnz). Rist. 1. An exception or reservation. The term was frequently used in leases and convey ances. "Forprise ... [aJn exception or reservation .... We still use it in Conveyances and leases, wherein Excepted and Forprised is an usual expression." Thomas Blount, Nama Lexicon: A LawDictionary(l670). 2. An exaction. -forprise, vb. for-profit corporation. See CORPORATION. forschel (for-shClI). Rist. A strip of land next to a highway. -Also termedforschet. forspeca (for-spee-k;:l). 1. PROLOCUTOR (2). 2. PARANYM PHUS. forstall. See FORESTALL. forswearing (for-swair-ing), n. (14c) 1. The act of repu diating or renouncing under oath. 2. PERJURY. forswear, vb. fortax (for-taks), vb. Rist. To tax wrongly or extortion ately. forthcoming, n. (l7c) Scots law. 1. An action through which arrestment is made available to an arrester. 2. An order that perfects an arrestment by directing a debtor forum contentiosum either to pay the money owed or to deliver the arrested goods to the creditor. forthcoming bond. See BOND (2). forthwith, adv. (14c) 1. Immediately; without delay. 2. Directly; promptly; within a reasonable time under the circumstances. fortia (for-sh;. [Law Latin] Hist. 1. Force. Fortia refers to force used by an accessory to allow the principal to commit the crime. 2. Power, dominion, or jurisdic tion. fortia frisca (for-sh;> fris-k;:!). [Law Latin] Rist. See FRESH FORCE. fortior (for-shee-;:!r or -or), adj. [Latin "stronger"] Rist. (Of evidence) involving a presumption that, because of the strength ofa party's eVidence, shifts the burden of proof to the opposing party. fortuitous (for-t[y]00-;>-t;:l5), adj. (17c) Occurring by chance. A fortuitous event may be highly unfortu nate. Literally, the term is neutral, despite its common misuse as a synonym for fortunate . fortuitous collision. See COLLISION. fortuitous event. (1856) 1. A happening that, because it occurs only by chance or accident, the parties could not reasonably have foreseen. 2. An event that, so far as con tracting parties are aware, depends on chance. 3. Loui siana law. An event that could not have been reasonably foreseen at the time a contract was made. La. Civ. Code art. 1875. -Also termed cas fortuit. See FORCE MAJEURE; UNAVOIDABLE-ACCIDENT DOCTRINE. Fortune 500. An annual compilation of the 500 largest U.S. corporations as ranked by gross revenues. _ It is published in, and gets its name from, Fortune magazine. forty, n. Archaic. Forty acres ofland in the form of a square <the south forty>. To determine a forty, a section ofland (640 acres) was quartered, and one of those quarters was again quartered. forty-days court. See COURT OF ATTACHMENTS. forum, n. (I5c) 1. A public place, esp. one devoted to assembly or debate. See PUBLIC FORUM; NONPUBLIC FORUM. 2. A court or other judicial body; a place of jurisdiction. PI. forums, fora. forum actus (for-;:!m ak-t;:ls). [Latin "the forum of the act"] Rist. The place where an act was done. forum competens (for-dm kom-p;:l-tenz). [Latin] Rist. A competent court; a court that has jurisdiction over a case. forum conscientiae (for-dm kon-shee-en-shee-ee). [Latin "the forum ofconscience"] Rist. The tribunal or court ofconscience. This court was usu. a court of equity. See COURT OF CONSCIENCE. forum contentiosum (for-dm bn-ten-shee-oh-sdm). [Latin "the forum of contention"] Rist. A court of justice; a place for litigation. 726 forum contractus forum contractus (for-am kan-trak-tas). [Latin "the forum of the contract"] Hist. 1. The place where a contract was made, and thus the place ofjurisdiction. 2. The court ofthe place where a contract was made. forum conveniens (for-am bn-vee-nee-enz). [Latin "a suitable forum"] The court in which an action is most appropriately brought, considering the best interests and convenience of the parties and witnesses. Cf. FORUM NON CONVENIENS. forum domesticum (for-am da-mes-ti-kam). [Latin] Hist. A domestic court. _ This type of court decides matters (such as professional discipline) arising within the organization that created it. forum domicilii (for-am dom-;}-sil-ee-I). [Latin) Hist. The forum or court of the domicile, usu. ofthe defen dant. forum ecclesiasticum (for-;}m e-klee-z[h]ee-as-ti-k;}m). [Latin] Hist. An ecclesiastical court. Also termed judicium ecclesiasticum. forum externum (for-am ek-star-n;}m), n. [Latin "external tribunal"] Eccles. law. A court dealing with legal cases pertaining to or affecting the corporate life ofthe church. forum inconveniens. See FORUM NON CONVENIENS. forum internum (for-am in-tar-n;}m), n. [Latin "internal tribuna!"] Eccles. law. A court ofconscience; a court for matters of conscience or the confessional. forum ligeantiae rei (for-am lij-ee-an-shee-ee ree-I). [Latin] Hist. The forum of the defendant's allegiance; the court or jurisdiction ofthe country to which the defendant owes allegiance. forum non competens (for-am non kom-pa-tenz). [Latin] Hist. An inappropriate court; a court that lacks juris diction over a case. forum non conveniens (for-am non k;}n-vee-nee-enz). [Latin "an unsuitable court"] Civil procedure. The doctrine that an appropriate forum even though competent under the law -may divest itself ofjuris diction if, for the convenience of the litigants and the witnesses, it appears that the action should proceed in another forum in which the action might also have been properly brought in the first place. Also termed forum inconveniens. [Cases: Courts Federal Courts "Forum non conveniens allows a court to exercise its discre tion to aVOid the oppression or vexation that might result from automatically honoring plaintiff's forum choice. However, dismissal on the basis of forum non conveniens also requires that there be an alternative forum in which the suit can be prosecuted. It must appear that jurisdiction over all parties can be secured and that complete relief can be obtained in the supposedly more convenient court. Further, in at least some states, it has been held that the doctrine cannot be successfully invoked when the plaintiff is resident of the forum state since. effectively, one of the functions of the state courts is to provide a tribunal in which their residents can obtain an adjudication of their grievances. But in most instances a balancing of the can venience to all the parties will be considered and no one factor will preclude a forum non coveniens dismissal. as long as another forum is available." Jack H. Friedenthal et aI., Civil Procedure 2.17, at 87-88 (2d ed. 1993). forum originis (for-<lm <I-rij-a-nis). [Latin] Hist. The forum or place ofa person's birth, considered as a place ofjurisdiction. forum regium (for-am ree-jee-am). [Latin] Hist. The king's court. forum rei (for-<lm ree-I). [Latin] Hist. 1. The forum ofthe defendant, I.e., the place where the defendant is domi ciled or resides. 2. FORUM REI SITAE. forum rei gestae (for-am ree-I jes-tee). [Latin] Hist. lhe forum or court of a res gesta (thing done); the place where an act was done, considered as a place of juris diction. forum rei sitae (for-am ree-I sl-tee). [Latin] Hist. The court where the thing or subject-matter in controversy is situated, considered as a place of juris

[Latin] Hist. The court where the thing or subject-matter in controversy is situated, considered as a place of jurisdiction. Often shortened to forum rei. forum seculare (for-am sek-ya-Iair-ee). [Latin] Hist. A secular court. -Also spelled forum saeculare. forum-selection clause. (1970) A contractual provision in which the parties establish the place (such as the country, state, or type ofcourt) for specified litigation between them. -Also termed choice-of-exclusive forum clause. Cf. CHOICE-OF-LAW CLAUSE. [Cases: Con tracts 127(4),206.] forum-shopping. (1954) The practice of choosing the most favorable jurisdiction or court in which a claim might be heard. - A plaintiff might engage in forum shopping, for example, by filing suit in a jurisdiction with a reputation for high jury awards or by filing several similar suits and keeping the one with the pre ferred judge. Cf. JUDGE-SHOPPING. forum state. Conflict oflaws. The state in which a suit is filed. for use. For the benefit or advantage of another. See USE. forward agreement. See forward contract under CONTRACT. forward and backward at sea. Marine insurance. From port to port in the course of a voyage, and not merely from one terminus to the other and back. forward confusion. See CONFUSION. forward contract. See CONTRACT. forward cover. The purchase of a cash commodity to meet the obligation ofa forward contract. See forward contract under CONTRACT. forwarding agent. See AGENT (2). forward market. Seefutures market under MARKET. forward-rate agreement. A contract that specifies what the interest rate on an obligation will be on some future date. Abbr. FRA. forward triangular merger. See triangular merger under MERGER. 727 fossage (fos-ij), n. Hist. A duty paid to maintain a moat around a fortification. foster, adj. (bef. 12c) 1. (Of a relationship) involving parental care given by someone not related by blood or legal adoption <foster home>. 2. (Of a person) giving or receiving parental care to or from someone not related by blood or legal adoption <foster parent> <foster child>. foster, vb. 02c) To give care to (something or someone); esp., to give parental care to (a child who is not one's natural or legally adopted child). fosterage, n. (l7c) 1. The act of caring for another's child. 2. The entrusting ofa child to another. 3. The condition of being in the care of another. 4. The act of encourag ing or promoting. foster care. (1876) 1. A federally funded child-welfare program providing substitute care for abused and neglected children who have been removed by court order from their parents' or guardians' care or for children voluntarily placed by their parents in the tem porary care of the state because of a family crisis. 42 USCA 670-679a. The state welfare agency selects, trains, supervises, and pays those who serve as foster parents. Cf. ADOPTION (1). [Cases: InfantsC=226.] long-term foster care. The placing of a child in foster care for extended periods, perhaps even for the child's entire minority, in lieu offamily reunification, termi nation and adoption, or guardianship . Although most courts do not generally find this arrangement to be in a child's best interests, sometimes it is the only possibility, as when the child, because of age or disability, is unlikely to be adopted or when, although the parent cannot be permanently reunited with the child, limited contact with the parent would serve the child's best interests. Under the Adoption and Sate Families Act, long-term foster care is the permanent placement oflast resort. [Cases: Infants C=226.] 2. The area of social services concerned with meeting the needs of children who participate in these types of programs. [Cases: Infants C=17.] foster-care drift. The phenomenon that occurs when children placed in foster care remain in that system, in legal limbo, for too many years oftheir developmental life before they are reunited with their parents or freed for adoption and placed in permanent homes . The Adoption and Safe Families Act was passed in 1997 to help rectify this problem. See ADOPTION AND SAFE FAMILIES ACT. [Cases: Infants C=155.] foster-care placement. (1968) The (usu. temporary) act of placing a child in a home with a person or persons who provide parental care for the child. Cf. OUT-OF HOME PLACEMENT. [Cases: Infants foster-care review board. A panel of screened and trained volunteers who routinely review cases of children placed in foster care, examine efforts at per manency planning, and report to the court. [Cases: Infants (',.:..-::> 17, 226.] foundling hospital foster child. See CHILD. foster father. See foster parent under PARENT. foster home. (l9c) A household in which foster care is provided to a child who has been removed from his or her birth or adoptive parents, usu. for abuse or neglect. A foster home is usu. an individual home, but it can also be a group home. [Cases: Infants C=226.] fosterlean (fos-tdr-Ieen). Hist. Remuneration for rearing a foster child. fosterling. (bef. 12c) Seefoster child under CHILD. foster mother. See foster parent under PARENT. foster parent. See PARENT. foul bill oflading. See BILL OF LADING. foundation. (14c) 1. The basis on which something is supported; esp., evidence or testimony that establishes the admissibility ofother evidence daying the founda tion>. [Cases: Evidence C=-:::' 117.] 2. A fund established for charitable, educational, religious, research, or other benevolent purposes; an endowment <the Foundation for the Arts>. privatefoundation. A charitable organization that is funded by a Single source, derives its income from investments rather than contributions, and makes grants to other charitable organizations . A private foundation is generally exempt from taxation. IRC (26 USCA) 509. Also termed private nonoperat ingfoundation. private nonoperatingfoundation. See privatefoun dation. private operating foundation. A private foundation that conducts its own charitable program rather than making grants to other charitable organizations . Most ofthe foundation's earnings and assets must be used to further its particular charitable purpose. foundational evidence. See EVIDENCE. foundational fact. See predicate fact under FACT. founded on, adj. (16c) Having as a basis <the suit was founded on the defendant's breach ofcontract>. founder, n. (l4c) 1. A person who founds or establishes; esp., a person who supplies funds for an institution's future needs. 2. SETTLOR (1). founder's share. (usu. pl.) In England, a share issued to the founder ofa company as a part ofthe consideration for the business . Now rare, a founder's share partici pates in profits only if the dividend on ordinary shares has been paid to a specified amount. founding father. (1914) A prominent figure in the founding of an institution or esp. a country; specif., one who played a leading role in founding the United States of America, esp. in the Revolutionary War and the making ofthe U.S. Constitution. foundling. (14c) A deserted or abandoned infant. foundling hospital. A charitable institution, found esp. in Europe, the purpose of which is to care for aban doned children. four, rule of 728 four, rule of. See RULE OF FOUR. four corners. (1874) The face ofa written instrument. The phrase derives from the ancient custom ofputting all instruments (such as contracts) on a single sheet of parchment, as opposed to multiple pages, no matter how long the sheet might be. At common law, this custom prevented people from fraudulently inserting materials into a fully signed agreement. '{he require ment was that every contract could have only four corners. [Cases: Contracts (;:::~ 143(1), 147(2); Evidence (=>397,448.] four-corners rule. (1948) 1. The principle that a doc ument's meaning is to be gathered from the entire document and not from its isolated parts. [Cases: Con tracts (=143.5; Evidence <8::::>448.] 2. 'fhe principle that no extraneous evidence should be used to interpret an unambiguous document. Cf. PAROL-EVIDENCE RULE. [Cases: Evidence (';:::"448.] IV-D agency. See CHILD-SUPPORT-ENFORCEMENT AGENCY. four-folding. Hist. The quadrupling of a property's taxable value for purposes of penalizing a person who falsely underreported the property's true taxable value. "In the State ofConnecticut a number ofmen are chosen annually by each town, to receive from each inhabitant a list ofthe taxable property in his possession. This list is required by law; and is made up by the proprietor. The men, who receive it, are from their employment called Listers. If the proprietor gives in a false list, he is punished by having the falsified article increased on the list four-fold .... We therefore style this punishment fourJolding." 4 Timothy Dwight, Travels in New-England and New-York 284 (1822). 401(k) plan. See EMPLOYEE BENEFIT PLAN. 403(b) plan. See EMPLOYEE BENEFIT PLAN. 419 fraud. See advance-fee fraud under FRAl:D. 457 plan. See EMPLOYEE BENEFIT PLAN. Fourteenth Amendment. The constitutional amend ment, ratified in 1868, whose primaryprovisions effec tively apply the Bill ofRights to the states by prohibiting states from denying due process and equal protection and from abridging the privileges and immunities of U.S. citizenship. The amendment also gave Congress the power to enforce these provisions, leading to legisla tion such as the civil-rights acts. [Cases: Constitutional Law C=>2910-2932, 3000-3833, 3840-4841.] Fourth Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, prohibiting unreasonable searches and seizures and the issuance of warrants without probable cause. See PROBABLE CAUSE. [Cases: Searches and Seizures fourth estate. (1821) The journalistic profession; the news media. The term comes from the British Par liament's reporters' gallery, whose influence was said to equal Parliament's three traditional estates: the Lords Spiritual, the Lords Temporal, and the Commons. (In France, the three estates were the clergy, the nobility, and the commons.) fourth-sentence remand. See REMAND. four unities. (1852) The four qualities needed to create a joint tenancy at common law -interest, possession, time, and title. See UNITY (2). [Cases: Joint Tenancy fovere consimilem causam (toh-veer-ee k<)n-sim-J-idm kaw-zJm). [Law Latin] Hist. To favor a similar case. A judge who is disqualified for having a personal interest in a case may also be disqualified in a later case if the ruling in the former case could affect the ruling in the latter. Fox's Libel Act. Hist. A 1792 statute that gave the jury in a libel prosecution the right ofrendering a guilty or not-guilty verdict on the whole matter in issue. The jury was no longer bound to find the defendant guilty ifit found that the defendant had in fact published the allegedly libelous statement. The Act empowered juries to decide whether the defendant's statement conformed to the legal standard for libel. foy (foy or fwah). [Law French] Faith; allegiance. FPA. abbr. Free from particular average. "F.P.A. means Free from Particular Average; that is to say, the insured can recover only where the loss is total or is due to a general average sacrifice. The claims under the Sue and Labour clause are not affected by this stipulation." 2 EW. Chance, Principles ofMercantile Law 128 (PW. French ed., 10th ed. 1951). FPC clause. See AREA-RATE CLAUSE. FPLS. abbr. FEDERAL PARENT LOCATOR SERVICE. Fr. abbr. 1. French. 2. FRAGMENTA. FRA. abbr. 1. FEDERAL RAILROAD ADMINISTRATION. 2. FORWARD-RATE AGREEMENT. fractional, ad). (1815) (Of a tract of land) covering an area less than the acreage reflected on a survey; per taining to any irregular division of land containing either more or less than the conventional amount of acreage. fractional currency. See CGRRENCY. fractional interest. See undivided interest under INTEREST (2). fragmenta (frag-men-tJ), n. pl. [Latin "fragments"] Roman law. Passages drawn from the writings of Roman jurists and compiled in Justinian's Digest. Abbr. Fr.; Ff. fragmented literal similarity. See SIMILARITY. frame, vb. (14c) 1. To plan, shape, or construct; esp., to draft or otherwise draw up (a document). 2. To incrimi nate (an innocent person) with false evidence, esp. fab ricated.

up (a document). 2. To incrimi nate (an innocent person) with false evidence, esp. fab ricated. -framable, frameable, adj. frame-up, n. A plot to make an innocent person appear guilty. framing. On the Internet, a website's display ofanother entity's Web page inside a bordered area, often without displaying the page's URL or domain name. Framing 729 may constitute a derivative work and may infringe on a copyright or trademark ifdone without giving credit to or obtaining permission from the other website's owner. [Cases: Trademarks francbordus. See FREE-BORD. franchise (fran-chlz), n. (14c) 1. 'The right to vote. Also termed elective franchise. [Cases: Elections 1.] 2. The government-conferred right to engage in a specific business or to exercise corporate powers. Also termed corporate franchise; general franchise. [Cases: Franchises (,..~1.] 'When referring to government grants (other than patents, trademarks, and copyrights), the term 'franchise' is often used to connote more substantial rights, whereas the term 'license' connotes lesser rights. Thus, the rights necessary for public utility companies to carryon their operations are generally designated as franchise rights. On the other hand, the rights to construct or to repair, the rights to practice certain profeSSions, and the rights to use or to operate automobiles are generally referred to as licenses." 1 Eckstrom's Licensing in Foreign and Domestic Operations 1.02[31. at HO to 1-11 (David M. Epstein ed" 1998). "In a violent conceptual collision, some franchisors maintain that a franchise is merely an embellished license and therefore revocable at will. Franchisees contend that a franchise is a license coupled with an interest, not subject to unlimited control by franchisors. As a result of this disagreement, legislative draftsmen have had difficulty defining 'franchise.'" 1 Harold Brown, Franchising Realities and Remedies 1.03[1], at H7 (1998). franchise appurtenant to land. Rare. A franchise that is used in connection with real property and thus is sometimes characterized as real property. general franchise. A corporation's charter. special franchise. A right conferred by the government, esp. one given to a public utility, to use property for a public use but for private profit. [Cases: Franchises C=:> 1.] 3. The sole right granted by the owner of a trademark or tradename to engage in business or to sell a good or service in a certain area. 4. 'The business or territory controlled by the person or entity that has been granted such a right. commercial franchise. A franchise using local capital and management by contracting with third parties to operate a facility identified as offering a particular brand ofgoods or services. sports franchise. 1. A franchise granted by a profes sional sports league to field a team in that league. 2. The team itself. trialfranchise. A franchise having an initial term of limited duration, such as one year. franchise, vb. (14c) To grant (to another) the sole right of engaging in a certain business or in a business using a particular trademark in a certain area. franchise agreement. (1905) The contract between a franchisor and franchisee establishing the terms and conditions of the franchise relationship. -State and federal laws regulate franchise agreements. [Cases: frank Antitrust and Trade Regulation C=:>262; Contracts C-~ 202(1).] franchise appurtenant to land. See FRANCHISE (2). franchise clause. Insurance. A provision in a casualty insurance policy stating that the insurer will pay a claim only ifit is more than a stated amount, and that the insured is responsible for all damages if the claim is under that amount. _ Unlike a deductible, which the insured always has to pay, with a franchise clause, once the claim exceeds the stated amount, the insurer pays the entire claim. franchise court. Hist. A privately held court that (usu.) exists by virtue of a royal grant, with jurisdiction over a variety of matters, depending on the grant and whatever powers the court acquires over time. -In 1274, Edward I abolished many of these feudal courts by forcing the nobility to demonstrate by what author ity (quo warranto) they held court. Ifa lord could not produce a charter reflecting the franchise, the court was abolished. -Also termed courts ofthe franchise. "Dispensing justice was profitable. Much revenue could come from the fees and dues, fines and amercements. This explains the growth of the second class of feudal courts, the Franchise Courts. They too were private courts held by feudal lords. Sometimes their claim to jurisdiction was based on old pre-Conquest grants .,. But many of them were, in reality, only wrongful usurpations of private jurisdiction by powerful lords. These were put down after the famous Quo Warranto enquiry in the reign of Edward I." W,J.V. Windeyer, Lectures on Legal History 56-57 (2d ed. 1949). franchisee. One who is granted a franchise. franchise fee. See FEE (1). franchiser. See FRANCHISOR. franchise tax. See TAX. franchisor. (19c) One who grants a franchise. Also spelledfranchiser. francigena (fran-sd-jee-nd). [Law Latinfrancus "french" + Latin genitus "born"] Hist. 1. A person born in France. 2. Any alien in England; a foreigner. See FRENCHMAN. francus (frangk-ds). [fro Frenchfranc "free"] Hist. A freeman. francus bancus. See FREE BENCH. francus homo (frangk-Js hoh-moh). Hist. A free man. francus tenens. See FRANK-TENANT. frank, adj. [Law French] Hist. Free. Also spelled fraunc; fraunche; fraunke. frank, n. 1. (cap.) A member of the Germanic people who conquered Gaul in the 6th century. -France received its name from the Franks. 2. A signature, stamp, or mark affixed to mail as a substitute for postage. [Cases: Postal Service C=:>15.] 3. The privilege ofsending certain mail free of charge, accorded to certain government officials, such as members of Congress and federal courts. Also termed (in sense 3) franking privilege, [Cases: United States C=:> 12.] -frank, vb. 730 frankalmoin frankalmoin (frangk-al-moyn). [Law French "free alms"] (I6c) Rist. A spiritual tenure by which a reli gious institution held land, usu. with a general duty to pray for the donor . This tenure differed from the tenure by divine service, which required specific church services, such as a certain number of masses or alms distributions. -Also spelled frankalmoign; franka lmoigne. -Also termed almoign; almoin;free alms; libera eleemosyna. See spiritual tenure under TENURE. "Frankalmoin, or free alms, was a survival of Anglo Saxon law, and implied simply an indefinite promise to pray for the soul of the donor; but since it was deemed a tenure by which the land was held, the general doctrine of 'services' was applied. On the other hand, in the case of Divine Service, which was much less frequently met with, the tenant promised a definite number of prayers, a duty which might be enforced in the King's courts." A.K.R. Kiralfy, Potter's Outlines of English Legal History 210 (5th ed. 1958). frank bank. See FREE BENCH. frank-chase. Rist. Free chase; a person's liberty or right to hunt or log within a certain area . Others holding land within the frank-chase area were forbidden from hunting or logging in it. See CHASE. frank-fee. (ISc) Rist. Freehold land -land that one held to oneself and one's heirs -exempted from all services except homage; land held other than by ancient demesne or copyhold. frank ferm. Rist. An estate in land held in socage, the nature of the fee having been changed from knight's service by enfeoffment for certain yearly services. Also spelled frank-ferme. franking privilege. See FRANK (3). frank-law. Rist. The rights and privileges of a citizen or freeman; specif., the condition of being legally capable of giving an oath (esp. as a juror or witness). See LEGALIS HOMO. "Frank law ... may be understood from Bracton's descrip tion of the consequences of lOSing it, among which the principal one was, that the parties incurred perpetual infamy, so that they were never afterwards to be admitted to oath, because they were not deemed to be othesworth, (that is, not worthy of making oath,) nor allowed to give testimony." 1 Alexander M. Burrill, A Law Dictionary and Clossary657-58 (2d ed. 1867). franklin (frangk-lin). (14c) Rist. A freeman; a freeholder; a gentleman. -Also spelled francling;frankleyn;fran kleyne. frankmarriage. (I4c) Rist. An entailed estate in which the donor retains control of the land by refuSing to accept feudal services from the donee (usu. the donor's daughter) for three generations . If the donee's issue fail in that time, the land returns to the donor. A donor who accepted homage (and the corresponding services arising from it) from the donee risked lOSing control of the land to a collateral heir. After three generations - a time considered sufficient to demonstrate that the line was well established -the donee's heir could insist on paying homage; doing so transformed the estate into a fee simple. -Also termed liberum maritagium. See MARITAGIUM. "Only when homage has been done are we to apply the rule which excludes the lord from the inheritance. This is at the bottom of one of the peculiarities of the 'estate in frankmarriage.' When a father makes a provision for a daughter, he intends that if the daughter has no issue or if her issue fails -at all events if this failure occurs in the course of a few generations -the land shall come back to him or to his heir. Therefore no homage is done for the estate in frankmarriage until the daughter's third heir has entered, for were homage once done, there would be a danger that the land would never come back to the father or to his heir." 2 Frederick Pollock & Frederic W. Maitland, The History ofEnglish Law Before the Time ofEdward /291 (2d ed. 1899). frankpledge. (bef. 12c) Rist. A promise given to the sovereign by a group of ten freeholders (a tithing) ensuring the group's good conduct. The frankpledge was of Saxon origin, but continued after the Norman Conquest. The members of the group were not liable for an injury caused by an offending member, but they did act as bail to ensure that the culprit would appear in court. They were bound to produce a wrongdoer for trial. -Also termed borrow; laughe. See VIEW OF FRANKPLEDGE. Cf. DECENARY. "Since there was no elaborate group of royal officials, the policing of the country had to be arranged for in a special way. The commonest way was to hold each house hold responsible for the offenses of any member of it. A further step was taken when, in the time of (nut, a group of ten men was formed who were responsible for each other, in the sense that everyone was security, borh, for the good behavior of the others. This group was called fri-borh, frankpledge, and remained for a long time one of the chief police methods of England." Max Radin, Handbook ofAnglo-American Legal History 33-34 (1936). Franks hearing. (I979) A hearing to determine whether a police officer's affidavit used to obtain a search warrant that yields incriminating evidence was based on false statements by the police officer. Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674 (1978). frank-tenant. Rist. A freeholder. -Also termed fra ncu 5 tenens. See FREEHOLD. frank-tenement. Rist. A free tenement; a freehold . This term described both the tenure and the estate. FRAP (frap). abbr. FEDERAL RULES OF APPELLATE PRO CEDURE. frater (fray-t;Jr), n. [Latin] Roman law. A brother. frater consanguineus (fray-t;Jr kon-sang-gwin-ee-;Js). A brother or half-brother having the same father. frater germanus (fray-t;Jr j;Jr-may-n;Js). A brother having both parents in common. frater nutricius (fray-t;Jr n[y]oo-trish-ee-;Js). A foster brother who was suckled by the same wet nurse. frater uterinus (fray-t;Jr yoo-t;J-rI-n;Js). A brother or half-brother having the same mother. fraternal, adj. (ISc) l. Ofor relating to the relationship of brothers. 2. Ofor relating to a fraternity or a fraternal benefit association. fraternal benefit association. A voluntary organiza tion or society created for its members' mutual aid and benefit rather than for profit, and whose members have a common and worthy cause,

created for its members' mutual aid and benefit rather than for profit, and whose members have a common and worthy cause, objective, or interest. These associations usu. have a lodge system, a gov erning body, rituals, and a benefits system for their members. -Also termedfraternal benefit sOciety;fra ternity; fraternal lodge; fraternal order. Cf. FRIENDLY SOCIETY. [Cases: Beneficial Associations fraternal insurance. See INSURANCE. fraternal lodge. See FRATERNAL BENEFIT ASSOCIA TION. fraternal order. See FRATERNAL BENEFIT ASSOCIA TION. fraternal society. See benevolent association under ASSO CIATION. fraternity. See FRATERNAL BENEFIT ASSOCIATION. frater nutricius. See FRATER. frater uterinus. See FRATER. fratres conjurati (fray-treez kon-jd-ray-tI). [Latin "sworn brothers"] Hist. Sworn brothers or companions for the defense oftheir sovereign or for other purposes. fratriage (fra-tree-ij or fray-). Hist. l. A younger brother's portion ofhis father's estate, received as an inheritance. Under feudal law, even though the land was from the father's estate, the younger brother was bound to pay homage to the older brother. 2. A portion ofan inheri tance given to coheirs. Also termedfratriagium. fratricide (fra-trd-SId or fray-). (15c) 1. The killing of one's brother or sister. 2. One who has killed one's brother or sister. Cf. SORORICIDE. fratricidal, adj. fraud, n. (14c) 1. A knowing misrepresentation ofthe truth or concealment of a material fact to induce another to act to his or her detriment. Fraud is usu. a tort, but in some cases (esp. when the conduct is willful) it may be a crime. -Also termed intentional fraud. [Cases: Fraud (;:=> 1, 3, 16, 68.] 2. A misrepresentation made recklessly without belief in its truth to induce another person to act. [Cases: Fraud (;:=> 13(3).] 3. A tort arising from a knowing misrepresentation, con cealment ofmaterial fact, or reckless misrepresentation made to induce another to act to his or her detriment. [Cases: Fraud C=>13(2), 13(3), 16.] 4. Unconscionable dealing; esp., in contract law, the unfair use of the power arising out ofthe parties' relative positions and resulting in an unconscionable bargain. [Cases: Con tracts (;:=> 1.] -fraudulent, adj. "[TJhe use of the term fraud has been wider and less precise in the chancery than in the commonlaw courts. This followed necessarily from the remedies which they respectively administered. Common law gave damages for a wrong, and was compelled to define with care the wrong which furnished a cause of action. Equity refused specific performance of a contract, or set aside a transac tion, or gave compensation where one party had acted unfairly by the other. Thus 'fraud' at common law is a false statement ... : fraud In equity has often been used as meaning unconscientious dealing -'although, I think, unfortunately,' a great equity lawyer has said." William R. Anson, Principles of the Law of Contract 263 (Arthur L Corbin ed., 3d Am. ed. 1919). actual fraud. (17c) A concealment or false represen tation through a statement or conduct that injures another who relies on it in acting. -Also termed fraud in fact; positive fraud; moral fraud. [Cases: Fraud(;::::;c3.] advance-fee fraud. A criminal fraud in which the victim is persuaded by the perpetrator to pay "fees" in anticipation ofreceiving a much larger benefit that is ultimately never delivered . The perpetrator usu. claims to have, or to represent someone with, a large sum ofmoney that must be immediately transferred out ofa foreign country for some compelling reason, such as to avoid seizure by a government. The criminal promises the victim a portion ofthe money in return for the victim's agreement to open a bank account in the victim's name. The victim then must pay "up front fees" to the designated "bank" and others. Although the Internet has become a favorite tool for this fraud, it has been around for years, beginning with handwrit ten or typed letters and later faxes. Because advance fee fraud is believed to have Originated in Nigeria, it is also termed 419fraud after the section ofthe Nigerian penal code designed to punish those who defraud by this method. [Cases: Fraud C:'68.] affiliate click fraud. Click fraud committed by a third party who agrees to host the ad in exchange for payment based on the number ofclicks. See click fraud. affinity fraud. A fraud in which the perpetrator tailors the fraud to target members of a particular group united by common traits or interests that produce inherent trust. The perpetrator often is or pretends to be a member ofthe group. Investment scams such as Ponzi or pyramid schemes are common forms of affinity fraud. When a religiOUS group is targeted, it is usu. called religious-affinity fraud. bankfraud. The criminal offense ofknowingly execut ing, or attempting to execute, a scheme or artifice to defraud a financial institution, or to obtain property owned by or under the control of a financial institu tion, by means of false or fraudulent pretenses, rep resentations, or promises. 18 USCA 1344. [Cases: Banks and Banking C::>509.10, 509.25.] bankruptcy fraud. (1815) A fraudulent act connected to a bankruptcy case; esp., any ofseveral proscribed acts performed knowingly and fraudulently in a bank ruptcy case, such as concealing assets or destroying, withholding, or falSifying documents in an effort to defeat bankruptcy-code provisions. See 18 USCA 152. Also termed criminal bankruptcy; bankruptcy crime. [Cases: Bankruptcy (;::::;c.'3861.] civilfraud. (18c) 1. FRAUD (J). 2. Tax. An intentional but not willful evasion of taxes. The distinction between an intentional (I.e., civil) and willful (I.e., criminal) fraud is not always clear, but civil fraud carries only a monetary, noncriminal penalty. Cf. criminal fraud; TAX EVASION. [Cases: Internal Revenue (':::>5218; Taxation click fraud. A scheme in which a person or robot repeatedly clicks on a merchant's pay-per-click adver tisement on a website for purposes other than viewing the website or making a purchase. [Cases: Telecom munications 0=> 1341.] collateralfraud. See extrinsicfraud (1). common-law fraud. See promissory fraud. competitor click fraud. Click fraud committed by a business's competitor in order to increase the amount of money the advertising merchant must pay to the site hosting the ad. See click fraud. constructive fraud. (18c) 1. Unintentional deception or misrepresentation that causes injury to another. Also termed legal fraud; fraud in contemplation of law; eqUitable fraud;fraud in equity. 2. See fraud in law. [Cases: Fraud 0=>5.] "In equity law the term fraud has a wider sense, and includes all acts. omissions, or concealments by which one person obtains an advantage against conscience over another, or which equity or public policy forbids as being to another's prejudice; as acts in violation of trust and confidence. This is often called constructive, legal, or equi table fraud, or fraud in eqUity." Encyclopedia ofCriminology 175 (Vernon C. Branham & Samuel B. Kutash eds., 1949), S.v. "Fraud." criminal fraud. (18c) Fraud that has been made illegal by statute and that subjects the offender to criminal penalties such as fines and imprisonment . An example is the willful evasion of taxes accomplished by filing a fraudulent tax return. Cf. civil fraud; larceny by trick under LARCENY. [Cases: Internal Revenue ~ 5263.20; Taxation election fraud. See ELECTION FRAUD. equitable fraud. See constructive fraud (1). extrinsic fraud. (1851) 1. Deception that is collateral to the issues being considered in the case; intentional misrepresentation or deceptive behavior outside the transaction itself (whether a contract or a lawsuit), depriving one party of informed consent or full par ticipation . For example, a person might engage in extrinsic fraud by convincing a litigant not to hire counselor answer by dishonestly saying the matter will not be pursued. Also termed collateral fraud. 2. Deception that prevents a person from knowing about or asserting certain rights. [Cases: Federal Civil Procedure (."::::>2654; Judgment 0=>375,443(1).] 419 fraud. See advance-fee fraud. fraud in contemplation oflaw. See constructive fraud (1). fraud in equity. See constructive fraud (1). fraud in fact. See actual fraud. fraud in law. (17c) Fraud that is presumed under the circumstances, as when a debtor transfers assets and thereby impairs creditors' efforts to collect sums due. -Also termed constructive fraud. fraud in the execution. Seefraud in the factum. fraud in the factum. (1848) Fraud occurring when a legal instrument as actually executed differs from the one intended for execution by the person who executes it, or when the instrument may have had no legal existence . Compared to fraud in the induce ment, fraud in the factum occurs only rarely, as when a blind person signs a mortgage when misleadingly told that the paper is just a letter. Also termed fraud in the execution;fraud in the making. Cf. fraud in the inducement. [Cases: Contracts 0=>94(1).] fraud in the inducement. (1831) Fraud occurring when a misrepresentation leads another to enter into a transaction with a false impression of the risks, duties, or obligations involved; an intentional mis representation of a material risk or duty reasonably relied on, thereby injuring the other party without vitiating the contract itself, esp. about a fact relating to value. -Also termed fraud in the procurement. Cf. fraud in the factum. [Cases: Contracts C='94(1); Fraud 24.] fraud in the making. Seefraud in the factum. fraud in the procurement. See fraud in the induce ment. fraud on the community. Family law. In a community property state, the deliberate hiding or fraudulent transfer of community assets before a divorce or death for the purpose of preventing the other spouse from claiming a half-interest ownership in the property. [Cases: Husband and Wife 0=>265.] fraud on the court. (1810) In a judicial proceeding, a lawyer's or party's misconduct so serious that it undermines or is intended to undermine the integ rity of the proceeding . Examples are bribery of a juror and introduction of fabricated evidence. [Cases: Federal Civil Procedure Judgment 0=>372, 440.] fraud on the market. 1. Fraud occurring when an issuer ofsecurities out misinformation that affects the market price of stock, the result being that people who buy or sell are effectively misled even though they did not rely on the statement itself or anything derived from it other than the market price. [Cases: Securi ties Regulation 2. The securities-law claim based on such fraud. See FRAUD-ON-THE-MARKET PRINCIPLE. fraud on the Patent Office. Patents. A defense in a patent-infringement action, attacking the validity of the patent on the grounds that the patentee gave the examiner false or misleading information or withheld relevant information that the examiner would have considered important in considering patentability . The scope of prohibited acts is wider than that covered by common-law fraud, and today the defense is gener ally called "inequitable conduct before the PTO." If the defense is established, the entire patent is rendered unenforceable. See defense of inequitable conduct under DEFENSE (1). [Cases: Patents C-97.]J hidden fraud. Seefraudulent concealment under CON CEALMENT. 733 insurance fraud. Fraud committed against an insurer, as when an insured lies on a policy application or fab ricates a claim. intrinsic fraud. (1832) Deception that pertains to an issue involved in an original action . Examples include the use of fabricated evidence, a false return of service, perjured testimony, and false receipts or other commercial documents. [Cases: Judgment 373,441.] legal fraud. See constructive fraud (1). long-firm fraud. The act ofobtaining goods or money on credit by falsely posing as an established business and having no intent to pay for the goods or repay the loan. mailfraud. (1918) An act offraud using the U.S. Postal Service, as in making false representations through the mail to obtain an economic advantage. 18 USCA 1341-1347. [Cases: Postal Service ~35.] moral fraud. See actual fraud. positive fraud. See actual fraud. promissory fraud. (1934

ud. See actual fraud. positive fraud. See actual fraud. promissory fraud. (1934) A promise to perform made when the promisor had no intention of performing the promise. -Also termed common-law fraud. [Cases: Fraud ~12.] religious-affinity fraud. See affinity fraud. taxfraud. See TAX EVASION. wire fraud. (1955) An act of fraud using electronic communications, as by making false representations on the telephone to obtain money . The federal Wire Fraud Act provides that any artifice to defraud by means of wire or other electronic communications (such as radio or television) in foreign or interstate commerce is a crime. 18 USCA 1343. [Cases: Tele communications fraud, badge of. See BADGE OF FRAUD. fraudare (fraw-dair-ee), vb. [Latin] Roman law. To defraud. fraud by hindsight. Hist. Securities. A claim of fraud based on the assumption that a corporation deliber ately misled investors by issuing optimistic financial statements or forecasts and later reporting worse-than expected results. Suits for fraud by hindsight were common in the early 19908. Congress eliminated this claim in the Private Securities Litigation Reform Act of 1995. 15 USCA 78u-4(b). [Cases: Securities Regula tion C=>60.27.J fraude (frawd). [French] Civil law. Fraud committed in performing a contract. Cf. DOL. fraudfeasor (frawd-fee-zdr). A person who has commit ted fraud. -Also termed defrauder. fraud in the execution. See fraud in the factum under FRAUD. fraud on creditors. See FRAUDULENT CONVEYANCE (1). fraud on the community. In a community-property state, the deliberate hiding or fraudulent transfer of fraudulent conveyance community assets before a divorce or death for the purpose ofpreventing the other spouse from claiming a half-interest ownership in the property. fraud-on-the-market principle. Securities. The doctrine that, in a claim under the antifraud provisions of the federal securities laws, a plaintiff may presumptively establish reliance on a misstatement about a securi ty's value without proving actual knowledge of the fraudulent statement -if the stock is purchased in an open and developed securities market. _ This doctrine recognizes that the market price of an issuer's stock reflects all available public information. The presump tion is rebuttable. Also termed fraud-on-the-market theory. See fraud on the market under FRAUD. [Cases: Securities Regulation ~60.25.] frauds, statute of. See STATUTE OF FRAUDS. fraudulent act. Conduct involving bad faith, dishonesty, a lack ofintegrity, or moral turpitude. Also termed dishonest act;fraudulent or dishonest act. fraudulent alienation. 1. The transfer of property with an intent to defraud others, esp. creditors and lien holders. 2. The transfer of an estate asset by the estate's administrator for little or no consideration. fraudulent alienee. See ALIENEE. fraudulent banking. The receipt of a deposit by a banker who knew that the bank was insolvent at the time of the deposit. [Cases: Banks and Banking <>82(2),83.] fraudulent claim. A false insurance claim. See FRAUD. fraudulent concealment. See CONCEALMENT. fraudulent-concealment rule. See CONCEALMENT RULE. fraudulent conversion. See CONVERSION (2). fraudulent conveyance. (I7c) 1. A transfer of property for little or no consideration, made for the purpose of hindering or delaying a creditor by putting the property beyond the creditor's reach; a transaction by which the owner of real or personal property seeks to place the property beyond the reach ofcreditors. Also termed fraud on creditors. [Cases: Fraudulent Conveyances 1.] "With respect to the general power which is exercisable by deed, it seems that the principle that the donee's creditors can reach the property subject to the exercised general power will have application only to the socalled fraudu lent conveyance. That is to say, if the owned assets of the donee after the donative inter vivos exercise are sufficient to satisfy the creditors, then the exercise of the power will not subject the appointive property to the claims of the creditors; if, on the other hand, the owned assets of the donee are inadequate to satisfy creditors' claims after the exercise of the power. then the transfer resulting from the exercise is likely to fall into the category of the fraudu lent conveyance and the creditors will be able to reach the appointive property in the hands of the appointee." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 173 (2d I'd. 1984). 2. Bankruptcy. A prebankruptcy transfer or obligation made or incurred by a debtor for little or no consid eration or with the actual intent to hinder, delay, or defraud a creditor . A bankruptcy trustee may recover such a conveyance from the transferee ifthe require ments of 11 USCA 548 are met. Also termed fraud ulent transfer. Cf. PREFERENTIAL TRANSFER. [Cases: Bankruptcy (~=,2641-2651.] fraudulent debt. See DEBT. fraudulent joinder. See JOINDER. fraudulent marriage. See MARRIAGE (1). fraudulent misrepresentation. See MISREPRESENTA TION. fraudulent or dishonest act. See FRAUDULENT ACT. fraudulent pretenses. See FALSE PRETENSES. fraudulent representation. See fraudulent misrepresen tation under MISREPRESENTATION. fraudulent sale. See SALE. fraudulent transfer. See FRAUDULENT CONVEYANCE (2). fraus (fraws). [Latin] Deceit; cheating . For example, a debtor who conveyed property with the specific intent (Jraus) of defrauding a creditor risked having the con veyance rescinded. fraus legis (fraws lee-jis). [Latin "fraud on the law"] Roman law. Evasion of the law; specif., doing some thing that is not expressly forbidden by statute, but that the law does not want done. fray. See AFFRAY. FRB. abbr. FEDERAL RESERVE BOARD OF GOVERNORS. FRCA. abbr. See FAIR-CREDIT-REPORTING ACT. FRCP. abbr. FEDERAL RULES OF CIVIL PROCEDURE. F.R.D. abbr. Federal Rules Decisions; a series of reported federal court decisions (beginning in 1938) that construe or apply the Federal Rules of Civil and Criminal Procedure . Also included are rule changes, ceremonial proceedings offederal courts, and articles on federal-court practice and procedure. Often written FRD. FRE. abbr. FEDERAL RULES OF EVIDENCE. Freddie Mac. See FEDERAL HOME LOAN MORTGAGE COR PORATION. free, adj. (bef. 12c) 1. Having legal and political rights; enjoying political and civil liberty <a free citizen> <a free populace>. 2. Not subject to the constraint or domination of another; enjoying personal freedom; emancipated <a free person>. 3. Characterized by choice, rather than by compulsion or constraint <free will>. 4. Unburdened <the land was free of any encum brances>. 5. Not confined by force or restraint <free from prison>. 6. Unrestricted and unregulated <free trade>. 7. Costing nothing; gratuitous <free tickets to the game>. -freely, adv. free, vb. 1. To liberate. 2. To remove (a person, animal, or thing) from a constraint or burden. free agency, n. (ca. 1955) A professional athlete's ability to negotiate an employment contract with any team in the league, rather than being confined to the league's collective-bargaining system . Free agency is usu. granted to veteran players who have been in the league for a certain number ofyears. Cf. RESERVE CLAUSE. free agent, n. free alms. See FRANKALMOIN. free alongside ship. A mercantile-contract term allocat ing the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk ofloss, whereby the seller must clear the goods for export, and deliver the goods to the wharfbeside the buyer's chosen vessel. The seller's delivery is complete (and the risk ofloss passes to the buyer) when the goods are placed on the wharf beside the vessel. The buyer is responsible for all costs of carriage. This term is used only when goods are transported by sea or inland waterway. UCC 2-319. -Abbr. FAS. Cf. FREE ON BOARD; DELIVERED EX QUAY. [Cases: Sales (~201(4).] free and dear, adj. Unencumbered byany liens; market able <free and clear title>. free and common socage. See free socage under SOCAGE. free and equal, adj. (Of an election) conducted so that the electorate has a reasonable opportunity to vote, with each vote given the same effect. [Cases: Elections free bench. Hist. A widow's (and occasionally a wid ower's) interest in the deceased spouse's estate . Free bench gave the surviving spouse a half interest in the estate until death or remarriage. -Also termed francus bancus;frank bank; liber bancus. "The bench in question was, we may guess ... a bench at the fireside. The surviving spouse has in time past been allowed to remain in the house along with the children. In the days when families kept together, the right of the widower or widow to remain at the fireside may have borne a somewhat indefinite character .... By way of 'free bench' the surviving spouse now has the enjoyment of onehalf of the land until death or second marriage, whether there has ever been a child of the marriage or no." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 1419 (2d ed. 1899). free-bordo (I7c) Hist. 1. A small strip ofland (usu. 2112 feet wide and lying just outside a fence) that the owner of the fenced property was allowed to claim and use. 2. The right ofclaiming that quantity of land. Also spelled freebord; free bord; freeboard. Also termed francbordus. free carrier. A mercantile-contract term allocating the rights and duties of the buyer and the seller ofgoods with respect to delivery, payment, and risk Ofl088, whereby the seller must clear the goods for export and deliver them to the buyer's chosen carrier at a named place. The seller's delivery is complete (and the risk ofloss passes to the buyer) when the goods are loaded on the collecting vehicle or otherwise placed at the car rier's disposal. The buyer is responsible for all costs of carriage. There are no restrictions on the buyer's choice ofcarrier. -Abbr. FCA. free chapel. Hist. Eccles. law. A church founded by the Crown (or by a person under royal grant) and not subject to the bishop's jurisdiction. 735 "[T]hose onely are Free-chappels. which are of the King's Foundation, and by him exempted from the Jurisdiction of the Ordinary; but the King may licence a Subject to found such a Chappel. and by his Charter exempt it from the Ordinaries Visitation also .... [lIt is called free. in respect of its exemption from theJurisdiction of the Diocesan ...." Thomas Blount, Noma-Lexicon: A Law-Dictionary (1670). free chase. See CHASE. free city. Int'llaw. A country-like political and territo rial entity that, although independent in principle, does not have the full capacity to act according to general international law but is nevertheless a subject ofinter national law_ freedman (freed-man). (16c) Hist. An emancipated slave. freedom. (bef. 12c) 1. The state of being free or liberated_ 2. A political right. Freedom of Access to Clinic Entrances Act. A 1994 federal statute that provides for criminal sanctions, private civil causes of action, and civil action by the U.S. Attorney General against a person who uses force, threat offorce, or physical obstruction to injure, intimi date, or interfere with a provider or patient ofreproduc tive services or who damages a reproductive-services facility. Abbr. FACE. [Cases: Abortion and Birth Control C=.128.] freedom of assembly. See RIGHT OF ASSEMBLY. freedom of association. (1889) The right to join with others in a common undertaking that would be lawful ifpursued individually . This right is protected by the First Amendment to the U.S. Constitution. The gov ernment may not prohibit outsiders from joining an association, but the insiders do not necessarily have a right to exclude others. Cf. RIGHT OF ASSEMBLY. [Cases: Constitutional Law (;=-1440-1454.] freedom ofexpressive association. The constitutional right of an individual to associate with others, without undue government interference, for the purpose of engaging in activities protected by the First Amend ment, such as speech, assembly, and the exercise of religion. freedom ofintimate association. The constitutional right ofprivacy to form and preserve certain intimate human relationships without intrusion by the state

ofintimate association. The constitutional right ofprivacy to form and preserve certain intimate human relationships without intrusion by the state because the relationships safeguard individual freedom . The group relationships protected by the right to freedom of intimate association are familial in nature and are characterized by deep attachments, a high degree ofcommitment, and the sharing ofdis tinctly personal aspects of Hfe. The exclusion ofothers is an essential characteristic of these relationships. freedom ofchoice. (1817) 1. The liberty embodied in the exercise ofone's rights. 2. The parents' opportunity to select a school for their child in a unitary, integrated school system that is devoid of de jure segregation. 3. The liberty to exercise one's right of privacy, esp. the right to have an abortion. Also termed right to choose; choice. [Cases: Abortion and Birth Control 102.] freedom of the city freedom of contract. (1879) The doctrine that people have the right to bind themselves legally; a judicial concept that contracts are based on mutual agreement and free choice, and thus should not be hampered by external control such as governmental interference . This is the principle that people are able to fashion their relations by private agreements, esp. as opposed to the aSSigned roles ofthe feudal system. As Maine famously said, "[T]he movement of progressive societies has been a movement from Status to Contract." Henry Sumner Maine, Ancient Law 165 (1864). -Also termed liberty ofcontract; autonomy ofthe parties. [Cases: Constitu tional Law Cr-'-;) 1118.] "Like most shibboleths, that of 'freedom of contract' rarely. ifever, received the close examination which its importance deserved. and even today it is by no means easy to say what exactly the nineteenth-century judges meant when they used this phrase. At least it may be said that the idea of freedom of contract embraced two closely connected, but none the less distinct, concepts. In the first place it indicated that contracts were based on mutual agreement, while in the second place it emphasized that the creation of a contract was the result of a free choice unhampered by external control such as government or legislative interfer ence." p.s. Atiyah, An Introduction to the Law of Contract 5 (3d ed. 1981). freedom of expression. (1877) The freedom of speech, press, assembly, or religion as guaranteed by the First Amendment; the prohibition of governmental inter ference with those freedoms. Cf. FREEDOM OF SPEECH. [Cases: Constitutional 1290-1428,1430,1490 2304.] Freedom of Information Act. 1he federal statute that establishes gUidelines for public disclosure of docu ments and materials created and held by federal agencies. 5 USCA 552. The basic purpose of the statute, or of a state statute modeled after it, is to give the public access to official information so that the public will be better informed and the government will be more accountable for its actions. Abbr. FOIA. See REVERSE FOlA SUIT. [Cases: Records (:::::>50-68.] freedom ofintimate association. See FREEDOM OF ASSO CIATION. freedom ofpetition. See RIGHT TO PETITION. freedom of religion. (l6c) The right to adhere to any form of religion or none, to practice or abstain from practicing religious beliefs, and to be free from govern mental interference with or promotion of religion, as guaranteed by the First Amendment and Article VI, 3 ofthe U.S. Constitution. [Cases: Constitutional Law (;=-1290-1428.] freedom of speech. (17c) The right to express one's thoughts and opinions without governmental restric tion, as guaranteed by the First Amendment. -Also termed liberty ofspeech. Cf. FREEDOM OF EXPRESSION. [Cases: Constitutional Law C=1490-2304.] Freedom of Speech Clause. See SPEECH CLAUSE. freedom of the city. Hist. An immunity or privilege from some burden, esp. from county jurisdiction and 736 freedom of the press its privilege ofmunicipal taxation and self-government, held under a royal charter. freedom of the press. (l7c) The right to print and publish materials without governmental interven tion, as guaranteed by the First Amendment. -Also termed liberty ofthe press. [Cases: Constitutional Law ~2070-2081.] "'Freedom of the press' has less significance than meets the eye. It is true, of course, that the First Amendment specifically guarantees freedom of the press as well as free speech, and the media often ascribe the freedom they enjoy to the Press Clause. Even the Supreme Court occasionally emits rhetoric that implies as much. But as a matter of positive law, the Press Clause actually plays a rather minor role in protecting the freedom of the press. Most of the freedoms the press receives from the First Amendment are no different from the freedoms everyone enjoys under the Speech Clause. The press is protected from most government censorship, libel judgments, and prior restraints not because it is the press but because the Speech Clause protects all of us from those threats." David A. Anderson, Freedom of the Press, 80 Texas L. Rev. 429, 430 (2002). freedom ofthe seas. Int'llaw. The principle that the seas beyond territorial waters are not subject to any coun try's control. Ships on the high seas are subject only to the jurisdiction of the country whose flag they fly, except in cases of piracy, hijacking, hot pursuit from territorial waters, slave trading, and certain rights of approach by warships. -Also termed mare liberum. [Cases: International Law ~7.] freedom-to-create statute. Patents. A law restricting an employer's ability to require employees to assign to the employer all rights to their inventions, even those independently developed. [Cases: Labor and Employ ment~309.] freedom-to-operate search. See INFRINGEMENT SEARCH. free election. See ELECTION (3). free enterprise. (1890) A private and consensual system of production and distribution, usu. conducted for a profit in a competitive environment that is relatively free ofgovernmental interference. See CAPITALISM. free entry, egress, and regress (ee-gres I ree-gres). Hist. A person's right to go on land as often as reasonably necessary. A tenant could go on land to gather crops still growing after the tenancy expired. Free Exercise Clause. (1950) The constitutional provi sion (U.S. Const. amend. 1) prohibiting the govern ment from interfering in people's religious practices or forms of worship. -Also termed Exercise Clause. Cf. ESTABLISHMENT CLAUSE. [Cases: Constitutional Law~1302.1 free fishery. See FISHERY (1). free-gas clause. Oil & gas. A provision in an oil-and-gas lease entitling the lessor or the surface owner to use gas produced from the leased property without charge . Used commonly in colder states, free-gas clauses usu. limit how the gas may be used (e.g., domestic heating and light), how much gas may be used (e.g., not more than 300 MCF per year), or both. [Cases: Mines and Minerals ~79.5.] freehold, n. (15c) 1. An estate in land held in fee simple, in fee tail, or for term oflife; any real-property interest that is or may become possessory . At common law, these estates were all created by enfeoffment with livery ofseisin. [Cases: Estates in Property~4-7, 12.]2. The tenure by which such an estate is held. -Also termed freehold estate; estate in freehold; freehold interest; franktenement; liberum tenementum. Cf. LEASEHOLD. determinable freehold. See determinable estate under ESTATE (4). movable freehold. (18c) The land a seashore owner acquires or loses as water recedes or approaches. [Cases: Navigable Waters ~44.] perpetual freehold. An estate given to a grantee for life, and then successively to the grantee's heirs for life . The effect of this type of freehold was to keep land within a family in perpetuity, much like a fee tail. "It took the form of a grant 'to A for life, remainder to A's son for life, remainder to that son's son for life', and so on ad infinitum. Such a limitation, ifvalid, would have been an effective substitute for the fee tail. The courts, however, set their face against this 'perpetual freehold' (as it was some times termed), and in Lovelace v. Lovelace (1 S8S) it was held that remainders which did not vest before the deter mination of the first life estate would fail ex post facto. Subsequently a number of other, not entirely convincing, reasons were found for invalidating perpetual freeholds, ultimately culminating in what is sometimes termed the 'old' rule against perpetuities, but, more commonly, the rule in Whitby v. Mitchell, taking its name from the case which marked its emphatic reiteration." Peter Butt, Land Law 136 (2d ed. 1988). freeholder. (15c) Hist. One who possesses a freehold. freeholder's court baron. See COURT BARON. freehold estate. See FREEHOLD. freehold interest. See FREEHOLD. freehold land society. (usu. pl.) Hist. A society in England created to enable mechanics, artisans, and other workers to buy at the lowest possible price freehold land with a sufficient yearly value to entitle the owner to the right to vote in the county in which the land was located. free ice. Hist. Ice in navigable streams that does not belong to the adjacent riparian owner or to another with the right to appropriate it, but that belongs to the person who first appropriates it. free law. Hist. The civil rights enjoyed by a freeman (as opposed to a serf) . Free law could be forfeited if the freeman was convicted of treason or an infamous crime. freeman. (bef. 12c) 1. A person who possesses and enjoys all the civil and political rights belonging to the people under a free government. 2. A person who is not a slave. 3. Hist. A member ofa municipal corporation (a city or borough) who possesses full civic rights, esp. the right to vote. 4. Hist. A freeholder. Cf. VILLEIN. 5. Hist. An 737 freezeout allodial landowner. Cf. VASSAL. -Also written free man. Freeman-Walter-Abele test. Patents. An outmoded two-step judicial test for determining whether a claimed invention is an unpatentable mathematical algorithm. The test looks first to whether an algorithm is explicit or inherent in the claim, and second to whether a patent would wholly preempt others from using the algorithm. In re Freeman, 573 F.2d 1237 (CCPA 1978); In re Walter, 618 F.2d 758 (CCPA 1980); In re Abele, 684 F.2d 902 (CCPA 1982). The Federal Circuit has said the test has "little, ifany, applicability" after State St. Bank & Trust Co. v. Signature Fin. Group, 149 F.3d 1368 (Fed. Cir. 1998). [Cases: Patents C:":'6.] free market. See open market under MARKET. free ofall average. Maritime law. Insurance that covers a total loss only. Abbr. FAA. free on board. (ca. 1924) A mercantile-contract term allocating the rights and duties of the buyer and the seller ofgoods with respect to delivery, payment, and risk oflos$, whereby the seller must clear the goods for export, and the buyer must arrange for transportation . The seller's delivery is complete (and the risk of loss passes to the buyer) when the goods pass the transport er's rail. The buyer is responsible for all costs ofcarriage. DCC 2.319. -Abbr. FOB. Cf. FREE ALONGSIDE SHIP; DELIVERED EX SHIP. [Cases: Sales C='77(2).] "In an F.O.B. ('free on board') contract, the goods must be delivered on board by the seller, free of expense to the purchaser, and they are not at the latter's risk until actually delivered on board, when the property in them passes to him. The seller must also give the buyer sufficient notice to enable him to insure against loss during the sea transit. The buyer, on the other hand, must name a ship or autho rize the seller to select one. The seller cannot sue for the price until the goods are loaded, and if his inability to load was caused by the buyer's failure to name an effective ship, his only remedy lies in damages. Similarly, F.O.R. means 'free on rail.''' 2 E.w. Chance, Principles of Mercantile Law 86-87 (P.w. French ed., 10th ed. 1951). FOB destination. A mercantile term denoting that the seller is required to pay the freight charges as far as the buyer's named destination. FOB shipping. A mercantile term denoting that the seller is required to bear the risk ofplacing the goods on a carrier. [Cases: Sales C::> 201 (4).] free port. See PORT. free ride. (19c) A benefit obtained without paying a fair price. For example, a competitor who used aerial pho tographs ofa plant-construction site to discover secret manufacturing techniques was judicially criticized for getting a free ride, in contrast to others who might spend time and effort legally reverse-engineering the same techniques

for getting a free ride, in contrast to others who might spend time and effort legally reverse-engineering the same techniques. free rider. One who obtains an economic benefit at another's expense without contributing to it. -Also written free rider. free seas. See SEA. free socage. See SOCAGE. Freestone rider. See PUGH CLAUSE. free trade, n. (17c) The open and unrestricted import and export of goods without barriers, such as quotas or tariffs, other than those charged only as a revenue source, as opposed to those deSigned to protect domestic businesses. Cf. protective tariff under TARIFF (2). free-trade zone. A duty-free area within a country to promote commerce, esp. transshipment and process ing, without entering into the country's market. Also termedforeign trade zone;jree port. freeware. (ca. 1983) Software, esp. open-source code, that is made generally available with express or implicit per mission for anyone to use, copy, modify, and distribute for any purpose, including financial gain . The term "free" refers to usage rights rather than price - a dis tinction important in two respects. First, a user may purchase the initial copy offreeware. Second, software available at no cost may not include permission for the software's user to copy, modify, or give away the software. -Also termed free software. Cf. PROPRIE TARY SOFTWARE; SEMI-FREE SOFTWARE; SHAREWARE. free warren. See WARREN. freeze, n. (1942) 1. A period when the government restricts or immobilizes certain commercial activity. creditJreeze. (1922)A period when the government restricts bank-lending. wage-and-priceJreeze. (1943) A period when the gov ernment forbids the increase ofwages and prices. 2. A recapitalization ofa closed corporation so that the value of its existing capital is concentrated primarily in preferred stock rather than in common stock. By freeZing capital, the owner can transfer the common stock to heirs without taxation while continuing to enjoy preferred-stock income during the owner's lifetime, while the common stock grows, freeze, vb. 1. To cause to become fixed and unable to increase <to freeze interest rates> <to freeze prices>. 2. To make immobile by government mandate or banking action <to freeze assets>. 3. To cease physical movement, esp. when ordered by a law enforcement officer <the police officer shouted at the suspect to freeze>. freezee, n. A person or entity subjected to a freeze-out. freezeout, n. Corporations. A transaction in which a shareholder or group ofshareholders obtains the entire common-equity interest in a company while the other shareholders receive cash, debt, or preferred stock in exchange for their common-equity shares. -Also termed going-private transaction. Cf. SQUEEZE-OUT. [Cases: Corporations (;=: 182.3,584; Securities Regu lation (;=:60.21.] "A 'freeze-out' is usually accomplished by the merger of a corporation into its parent corporation, where the parent corporation owns a large percentage of the shares of the subsidiary, and the minority shareholders are entitled to minimal distributions of cash or securities. A 'freeze-out' may also be used to connote the situation where so large a number of equity shares are issued to the acquiring freeze out 738 corporation that the public shareholders own less than 10 percent of the outstanding equity securities and, therefore, have no control over the corporation or any of its decisions. In such event, a short-form merger could later be used to eliminate the minority shareholders." 69A Am. Jur. 2d Securities Regulation -State 245, at 971 n.60 (1993). parent-subsidiary freezeout. A transaction in which a parent company uses its majority ownership in a subsidiary to acquire the minority shareholders' interest. pure freezeout. A transaction in which company insiders or employees acquire all the public shares of the company, often with the help oflenders. Also termed management buyout. See management buyout under BUYOUT. second-step freezeout. A freezeout that takes place as the final phase of a two-step takeover, after the initial phase in which a majority interest is acquired by the purchase ofshares in a tender offer, on the open market, from the issuer, from a control group, or from an issuer-control-group combination. freeze out, vb.!. To subject one to a freeze-out. 2. To exclude a business competitor <freezing out the com petition>. freeze-out merger. See cash merger under MERGER. freight. (I5c) 1. Goods transported by water, land, or air; CARGO. 2. The compensation paid to a carrier for transporting goods. [Cases: Carriers ~189; Shipping ~144.] "Freight, in the common acceptation of the term, means the price for the actual transportation of goods by sea from one place to another; but, in its more extensive sense, it is applied to all rewards or compensation paid for the use of ships, including the transportation of passengers." 3 James Kent, Commentaries on American Law *219 (George Comstock ed., 11th ed. 1866). dead freight. The amount paid by a shipper to a ship owner for the ship's unused cargo space. [Cases: Shipping freight absorption. See ABSORPTION (5). freight forwarder. Maritime law. A person or company whose business is to receive and ship goods for others. - A freight forwarder may be an agent of the cargo's owner or ofthe carrier, or may be an independent con tractor acting as a principal and assuming the carrier's responsibility for delivering the cargo. -Also termed third-party logistical service provider;forwarding agent. [Cases: Carriers Shipping ~112.J freighting voyage. See VOYAGE. freight rate. See RATE. frenchman. Hist. (bef. 12c) A stranger; a foreigner. _ In early English law, this term was applied to all foreign ers, even those not from France. F reorganization. See REORGANIZATION (2). fresh, adj. (l3c) Recent; not stale; characterized by newness without any material interval. fresh complaint. (1853) A reasonably prompt lodging of a grievance; esp., a victim's prompt report of a sexual assault to someone trustworthy. [Cases: Criminal Law ~366;Rape G=48(1)-49, 49.2.] fresh-complaint rule. The theory that a sexual-assault victim's credibility is bolstered ifthe victim reports the assault soon after it occurs. _ Most courts no longer rec ognize this theory. [Cases: Rape ~48(1)-49, 49.2.] fresh disseisin. See DISSEISIN. fresh fine. See FINE (5). fresh force. Hist. Force, such as disseisin or deforcement, newly done. -This term refers to force used in a town, and for which a remedy (the Assize of Fresh Force) existed. See assize offresh force under ASSIZE (8). fresh pursuit. (17c) 1. The right ofa police officer to make a warrantless search of a fleeing suspect or to cross jurisdictional lines to arrest a fleeing suspect. [Cases: Arrest 66(3); Automobiles C=)349(12).] 2. The right of a person to use reasonable force to retake property that has just been taken. -Also termed hot pursuit. fresh start. (1857) Bankruptcy. The favorable financial status obtained by a debtor who receives a release from personal liability on prepetition debts or who reorga nizes debt obligations through the confirmation and completion ofa bankruptcy plan. [Cases: Bankruptcy Cr'"".:)2363.1.] Friday market. See MARKET. friendly amendment. See AMENDMENT (3). friendly fire. (1976) 1. A fire burning where it is intended to burn, yet capable of causing unintended damage. 2. Military or police gunfire that injures one's own side. friendly-parent law. A statute that requires or allows a judge to consider as a factor in awarding custody the extent to which one parent encourages or thwarts the child's relationship with the other parent. friendly-parent principle. Family law. The theory that if one parent is more likely to support the child's rela tionship with the other parent after a divorce is granted, then that more supportive parent should be awarded custody. -This theory has been criticized as fundamen tally flawed because (1) a court may not consider the legitimate fears and concerns that motivate a parent's "unfriendly" behavior, and (2) the theory's simplic ity discourages a parent from revealing anything negative about the other parent to the child, even if relevant to the child's safety, for fear of being viewed as too hostile. -Also termed friendly-parent doctrine; friendly-parent paradigm. friendly society. (18c) In Britain, a voluntary association, supported by subSCriptions or contributions, for the purpose ofprOViding financial relief to ill members and to their widows and children upon death . Friendly societies are regulated by statute. See benevolent asso ciation under ASSOCIATION. Cf. FRATERNAL BENEFIT ASSOCIATION. friendly subpoena. See SUBPOENA. friendly suit. (ISc) A lawsuit in which all the parties have agreed beforehand to allow a court to resolve the issues. _ Friendly suits are often filed by settling parties who wish to have a judgment entered. friendly suitor. See WHITE KNIGHT. friendly takeover. See TAKEOVER. friend ofthecourt. (1816) 1. AMICUS CURIAE. 2. In some jurisdictions, an official who investigates and advises the court in domestic-relations cases involving minors. -The friend of the court may also help enforce court orders in those cases. [Cases: Child Custody C::::'417, 421,613,616; Infants (;::::J208.] friend-of-the-court brief. See amicus brief under BRIEF. fringe benefit. See BENEFIT. frisk, n. (l8c) A pat-down search to discover a concealed weapon. Also termed pat-down. See STOP AND FRISK. Cf. SEARCH (1). [Cases: Arrest C::::'63.5(8); Automobiles (;::::c349.5(lO); Searches and Seizures C~70.1 frivolous, adj. (ISc) Lacking a legal basis or legal merit; not serious; not reasonably purposeful <a frivolous claim>. frivolous appeal. See APPEAL. frivolous claim. See CLAIM (4). frivolous defense. See DEFENSE (1). frivolous suit. See SUIT. FRM. Seefixed-rate mortgage under MORTGAGE. frolic (frol-ik), n. Torts. An employee's significant devia tion from the employer's business for personal reasons. - A frolic is outside the scope ofemployment, and thus the employer is not vicariously liable for the employee's actions. Cf. DETOUR. [Cases: Labor and Employment (;::::c3061(1).) front, n. (14c) 1. The side or part of a building or lot that is open to view, that is the principal entrance, or that faces out to the open (as to a lake or ocean); the foremost part of something <the property's front was its most valuable attribute>. 2. A person or group that serves to conceal the true identity or activity of the person or group in control <the political party was a front for the terrorist group>. 3. A political association similar to a party <popular front>. frontage (fr:m-tij). (17c) 1. The part ofland abutting a street or highway or lying between a building's front and a street or highway <the property's value was so low because ofits narrow frontage>. 2. The linear distance ofa frontage <the lot's frontage was 90 feet>. frontage assessment. See ASSESSMENT. frontager (fr;m-tij-dr), n. (17c) A person owning or occu pying land that abuts a highway. river, seashore, or the like. front-end load. See loan fund under MUTUAL FUND. front-end money. See SEED MONEY. front foot. (1863) A measurement used to calculate a frontage assessment. Also termed abutting foot. [Cases: Municipal Corporations C::::'469.J front-foot rule. (1872) The principle that an improve ment cost is to be apportioned among several proper ties in proportion to their frontage, without regard to the benefits conferred on each property. -Also termed front-foot plan. [Cases: Municipal Corporations C=:' 469.J frontier. For trade purposes, an international boundary. front money. See SEED MONEY. front-page citation. See CITATION (4). front-page drawing. See DRAWING. frontpay. Labor law. Court-awarded compensation for the post-judgment effects of continuing employment discrimination. Cf. BACKPAY. [Cases: Civil Rights 1571.] front-running, 11. Securities. A broker's or analyst's use ofnonpublic information to acquire securities or enter into options or futures contracts for his or her own benefit, knowing that when the information becomes public, the price ofthe securities will change in a pre dictable manner. _ 'Ihis practice is illegal. Front-run ning can occur in many ways. For example, a broker or analyst who

. _ 'Ihis practice is illegal. Front-run ning can occur in many ways. For example, a broker or analyst who works for a brokerage firm may buy shares in a company that the firm is about to recommend as a strong buy or in which the firm is planning to buy a large block ofshares. See INSIDER TRADING. front wages. See WAGE. frottage. (ca. 1935) Sexual stimulation by rubbing the genitals against another person. -This may be accom plished without removing clothing. When a child is involved, it is a form ofsexual abuse. frozen account. See blocked account under ACCOL"NT. frozen asset. See ASSET. frozen deposit. See DEPOSIT (2;). FRS. abbr. FEDERAL RESERVE SYSTEM. FRTIB. abbr. FEDERAL RETIREMENT THRIFT INVEST MENTBOARD. fructuarius (fr<'lk-choo-air-ee-ds). [Latin "(one) entitled to fruits"]!. Roman &civil law. One having the usufruct ofa thing (as ofland and animals); a usufructuary. See USUFRUCTUARY. 2. Hist. A lessee. PLfructuarii. fructus (fr;Jk-tds). [Latin "fruits") 1. Roman & civil law. The natural produce ofland and animals; the profit or increase from land and animals. -The owner of the land or animals acquired ownership by separatio, the separation ofthe fruit from the parent body. A bona fide possessor or an emphyteuta also acquired ownership by separatio, which allowed a nonowner to claim title from a thief. But in Justinian's law, a bona fide possessor had to account to a successful claimant for ownership for the principal thing and any unconsumed fruits. A tenant or usufructuary acquired title only by perceptio, and cannot claim title from a thief. See PERCEPTION. Cf. FRUCTUS CIVILES. 2. USUFRUCT. PLfructus. 740 fructus civiles fructus civiles (frak-tils sil-vl-Ieez). [Latin "civil fruits"] Roman & civil law. Income (such as rent or interest) that one receives from another for the use or enjoy ment ofa thing, esp. real property or loaned money. In Roman law,fructus civiles included both minerals and the earnings ofslaves. fructusfundi (frak-tils fan-dI). [Latin "land fruits"] Ihe fruits or produce ofland. fructus industriales (frak-tas in-das-tree-ay-Ieez). [Latin "industrial fruits"] See EMBLEMENTS (1). fructus legis (frak-tils lee-jis). [Latin "fruits ofthe law"] The proceeds ofjudgment or execution. [Cases: Execu tion C=>322.] fructus naturales (frak-tils nach-a-ray-leez). [Latin "natural fruits"] The natural produce ofland or plants and the offspring of animals. Fructus naturales are considered part ofthe real property. fructus pecudum (frak-tas pek-ya-dam). [Latin "fruits of the herd"] The produce or increase offlocks or herds. fructus pendentes (frak-tds pen-den-teez). [Latin "hanging fruits"] Fruits not yet severed or gathered; fruits united with that which produces them. fructus percepti (frak-tas par-sep-tI). [Latin "gathered fruits"] Roman & civil law. Fruits that have been gathered. fructus rei alienae (frak-tas ree-I ay-lee-ee-nee or al-ee-). [Latin "fruits of another's property"] The fruits of another's property; fruits taken from another's estate. fructus separati (frak-tas sep-a-ray-tr). [Latin "sepa rated fruits"] Roman & civil law. The produce ofa thing after being separated from it, and so becoming in law "fruits." fructus stantes (frak-tas stan-teez). [Latin "standing fruits"] Fruits that have not yet been severed from the stalk or stem. fructuum perceptio (frak-choo-;ml pdr-sep-shee-oh). [Latin] Roman & civil law. The rightful taking of the produce of property by a person who does not own the property. fruges (froo-jeez). [Latin "fruits" or "crops"] Roman & civil law. Edible produce or crops; esculents. frugi aut bonaefamae (froo-jI awt boh-nee fay-mee). [Latin) Hist. Frugal or ofgood reputation. fruit. (14c) 1. The produce or product ofsomething (as of land or property). 2. Civil law. Income or goods derived or produced from property without a diminution ofthe property's inherent value. civil fruit. Civil law. Revenue derived from a thing by operation oflaw or by reason ofa juridical act, such as lease or interest payments, or certain corporate distributions. La. Civ. Code art. 551. See FRUCTUS CIVILES. naturalfruit. Civil law. A product of the land or of animals. Examples are crops and eggs. La. Civ. Code art. 2317. See FRUCTUS NATURALES. 3. Something (such as evidence) obtained during an activity or operation <the fruit ofthe officer's search>. See FRUIT-OF-THE-POISONOUS-TREE DOCTRINE. fruit-and-the-tree doctrine. (1979) Tax. The rule that an individual who earns income cannot assign that income to another person to avoid taxation. fruit-of-the-poisonous-tree doctrine. (1948) Criminal procedure. The rule that evidence derived from an illegal search, arrest, or interrogation is inadmissible because the evidence (the "fruit") was tainted by the illegality (the "poisonous tree") . Under this doctrine, for example, a murder weapon is inadmissible if the map showing its location and used to find it was seized during an illegal search. Also termedfrUits doctrine. See EXCLUSIONARY RULE; ATTENUATION DOCTRINE; INDEPENDENT-SOURCE RULE; INEVITABLE-DISCOVERY RULE. [Cases: Criminal Law ~~394.l(3).] fruits of a crime. The proceeds acquired through criminal acts. [Cases: Criminal Law ~'='1221.] frustra (fras-tra). [Latin] Hist. In vain; to no purpose. frustration, n. (16c) 1. The prevention or hindering of the attainment of a goal, such as contractual perfor mance. commercial frustration. (1918) An excuse for a party's nonperformance because of some unforeseeable and uncontrollable circumstance. -Also termed economic frustration. [Cases: Contracts C=>309(1).] self-induced frustration. (1926) A breach ofcontract caused by one party's action that prevents the per formance.1he phrase is something ofa misnomer, since self-induced frustration is not really a type of frustration at all but is instead a breach ofcontract. temporary frustration. (1950) An occurrence that prevents performance and legally suspends the duty to perform for the duration of the event. If the burden or circumstance is substantially different after the event, then the duty may be discharged. 2. Contracts. The doctrine that ifa party's principal purpose is substantially frustrated by unanticipated changed circumstances, that party's duties are dis charged and the contract is considered terminated. Also termedfrustration ofpurpose. Cf. IMPOSSIBILITY (4); IMPRACTICABILITY; MISTAKE. [Cases; Contracts C=>309.]- frustrate, vb. frustrum terrae (fras-tram ter-ee). [Latin] Hist. A piece of land. This usu. referred to a fragment of land remaining after a survey. Frye test. The defunct federal common-law rule of evidence on the admissibility of scientific evidence. It required that the tests or procedures must have gained general acceptance in their particular field. Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). In Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993), the Supreme Court held that scientific evidence must meet the requirements of the Federal Rules of Evidence, not the Frye test, to be 741 full blood admissible. See DAUBERT TEST. [Cases: Criminal Law C::=>388.1-388.4; Evidence C::=>555.] FSA. abbr. FARM SERVICE AGENCY. FSI. abbr. FOREIGN SERVICE INSTITUTE. FSIA. abbr. FOREIGN SOVEREIGN IMMUNITIES ACT. FSIS. abbr. FOOD SAFETY AND INSPECTION SERVICE. FSLIC. abbr. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION. FSS. abbr. FEDERAL SUPPLY SERVICE. FST. See field sobriety test under SOBRIETY TEST. F.Supp. abbr. Federal Supplement, a series of reported decisions of the federal district courts (from 1932 to 1998), the u.S. Court ofClaims (1932 to 1960), and the u.S. Customs Court (from 1949 to 1998, but renamed the Court of International Trade in 1980) . It is the first ofthe Federal Supplement series. F.Supp.2d. abbr. The second series ofthe Federal Supple ment, which includes decisions offederal district courts and the Court ofInternational Trade from 1997 to the present. Some of the F.Supp. volumes contain cases from 1998 and some ofthe F.Supp.2d volumes contain cases decided in 1997. FTA. abbr. FEDERAL TRANSIT ADMINISTRATION. FTC. abbr. FEDERAL TRADE COMMISSION. FTCA. abbr. FEDERAL TORT CLAIMS ACT. FTDA. abbr. FEDERAL TRADEMARK DILUTION ACT. FTO search. See INFRINGEMENT SEARCH. FTP. See FILE-TRANSFER PROTOCOL. FTS. abbr. FEDERAL TECHNOLOGY SERVICE. FTT. abbr. FAILURE TO THRIVE. fuer (fyoo-Jr). [Law French "to flee"] Flight from the law. -Also termedfugere. fuer infait (fyoo-Jr in fay). [Law French "flight in fact"] Actual flight from the law. -Also termed fugere in facta. fuer in ley (fyoo-Jr in lay). [Law French "flight in law"] Legal flight from the law. Ifthe accused failed to appear, the law treated that failure as flight. -Also termedfugere in lege. fuero (foo-wer-oh). Spanish law. 1. A forum; court. 2. The territory in which a court has the power to act. 3. A privilege enjoyed by some but not others. 4. A custom having the force oflaw. 5. Hist. A collection of local, usu. customary, laws. Fuero Juzgo (hooz-goh). Hist. A 7th-century Visig othic code that was revised and incorporated into the laws of 13th-century Spain . The code contains the earliest known laws of community property. In the 18th century, much ofthe Fuero Juzgo was incor porated into the Code Napoleon. In the 19th century, vestiges ofthe Fuero Juzgo were incorporated into the Spanish Civil Code. Fuero Real (ray-ahl). Hist. A collection ofthe ancient customs of Castile, collected by order of Alfonse X in 1255 to produce a uniform legal code, much of which was incorporated into localfueros . Louisi ana's system of acquets and gains was adapted from the Fuero Real. fugam fecit (fyoo-gJm fee-sit). [Law Latin] Hist. He fled; he has made flight. When a jury made this finding in a felony or treason trial, the defendant's property was subject to forfeiture. fugere. See FUER. fugere in facta. See fuer in fait under FUER. fugere in lege. See fuer in ley under FUER. fugitation (fyoo-jJ-tay-shJn). (18c) Hist. A sentence or declaration of fugitive status that was pronounced against an accused person for failing to answer a citation and appear. The effect was that the person forfeited his or her goods and chattels. -fugitate, vb. fugitive. (14c) 1. A person who flees or escapes; a refugee. 2. A criminal suspect or a witness in a criminal case who flees, evades, or escapes arrest, prosecution, imprisonment, service ofprocess, or the giving oftes timony, esp. by fleeing the jurisdiction or by hiding. See 18 USCA 1073. -Also termed (in sense 2) fugitive from justice. fugitive-disentitlement doctrine. An equitable rule that allows a trial or appellate court to limit a fugitive's access to civil and criminal courts in the United States. [Cases: Action C::=> 13; Criminal Law C::=> 1026.10(7).] fugitive-dismissal rule. The principle that an appel late court may dismiss a criminal defendant's appeal if the defendant is a fugitive. [Cases: Criminal Law C::=> 1131(5).] Fugitive Felon Act. A federal statute

Cases: Criminal Law C::=> 1131(5).] Fugitive Felon Act. A federal statute that makes it a felony to flee across state lines to avoid state-felony prosecution or confinement, or to avoid giving testi mony in a state-felony case. 18 USCA 1073. [Cases: Escape C::=> 1.] fugitive from justice. See FUGITIVE. fugitive's goods. Hist. The goods that a person forfeited as a result offleeing. fugitive-slave laws. Hist. Federal statutes passed in 1793 and 1850 providing for the surrender and return of slaves who had escaped and fled to a free territory or a free state. [Cases: Slaves C::=>9.] fugitive warrant. See WARRANT (1). fugitivus (fyoo-jJ-tI-VJS), n. [Latin] Roman law. A runaway slave; a fugitive. fugue (fyoog). (16c) An abnormal state of conscious ness in which one appears to function normally but on recovery has no memory of what one did while in that condition. full adversary hearing. See adjudication hearing under HEARING. full age. See age ofmajority (1) under AGE. full bench. Seefull court under COURT. full blood. See BLOOD. 742 full cash value full cash value. See VALUE (2). full copy. Equity practice. A complete transcript ofa bill or other pleading, with all indorsements and a copy of all exhibits. [Cases: Equity C=460.] full court. See COURT. full cousin. See COUSIN (1). full-covenant-and-warranty deed. See warranty deed under DEED. full coverage. See COVERAGE. full-crew law. A law that regulates the number of railroad employees required to operate a train, or airline employees required to operate an airplane. [Cases: Railroads (;=>230.] full defense. See DEFENSE (1). full disclosure. See DISCLOSURE (1). full faith and credit. The recognition, acceptance, and enforcement of the laws, orders, and judgments of another jurisdiction; specif., the recognition by one state of another state's legal decisions. [Cases: Judgment (;=>815,828.4; States C=5(2).] Full Faith and Credit Act. A federal statute requiring federal courts to give a state court's judgment the same preclusive effect as the judgment would have under state law. 28 USCA 1738. See Migra v. Warren City School Dist. Bd. ofEduc., 465 U.S. 75, 81,104 S.Ct. 892, 896 (1984). [Cases: Judgment full-faith-and-credit bond. See general-obligation bond under BOND (3). Full Faith and Credit Clause. (1896) U.S. Const. art. IV, 1, which requires states to give effect to the acts, public records, and judicial decisions ofother states. [Cases: Judgment (;=>815,828.4; States (;=>5(2).] Full Faith and Credit for Child-Support Orders Act. A 1994 federal statute designed to facilitate interstate child-support collection . Under the Act, the state first issuing a child-support order maintains continuing, exclusive jurisdiction to modify the order as long as the child or one or both of the litigants continue to reside there, unless all the contestants agree in writing to change jurisdiction. An order from one state may be registered for enforcement in another state. 28 USCA 1738B. [Cases: Child Support (;=>501(1), 506(2), 507, 508(1).] full hearing. See HEARING. fullied. Slang. Hist. See FULLY COMMITTED FOR TRIAL. full indorsement. 1. See irregular indorsement under INDORSEMENT. 2. See special indorsement under INDORSEMENT. full interdiction. See INTERDICTION (3). full member. See voting member under MEMBER. full name. See NAME. full ownership. See perfect ownership under OWNER SHIP. full-paid stock. See STOCK. full pardon. See absolute pardon under PARDON. full partner. See general partner under PARTNER. full payout lease. Seefinance lease under LEASE. full performance. See PERFORMANCE. full powers. Int'llaw. An official document deSignat ing a person to represent a country for (1) negotiat ing, adopting, or authenticating the text ofa treaty, (2) expressing the consent of the country to be bound by a treaty, or (3) accomplishing any act with respect to the treaty. full proof. See PROOF. full-reporting clause. 1. Insurance. An insurance-pol icy clause that requires the insured to reveal values and that penalizes the insured if the insured revealed less than required in the policy application. Also termed honesty clause. [Cases: Insurance (;=>2169.] 2. An insurance-policy clause providing that the indem nity will not exceed the proportion of the loss that the last reported value bears to the actual value. full right. (18c) The union ofgood title with actual pos session. full-service lease. See LEASE. full settlement. See SETTLEMENT (2). full value. Seefair market value under VALUE (2). full warranty. See WARRANTY (2). fully administered. (l7c) A plea by an executor or administrator that he or she has completely and legally disposed of all the assets ofthe estate and that the estate has no remaining assets from which a new claim could be satisfied. fully committed for trial, adj. English law. (Of a person) qualified to be indicted, arraigned, and tried . His torically, a defendant went through two hearings that were essentially minitrials to determine whether the evidence against the defendant was sufficient to support the charges. If the hearing magistrate decided there was, then the defendant was fully committed for trial. In modern usage, it means only that the defendant has had at least two bail hearings and has not yet been indicted. Often shortened to fully committed. Formerly also termed (in slang) fullied. fully diluted earnings per share. See EARNINGS PER SHARE. fully funded, adj. 1. Having sufficient financial resources to meet current payments, even upon bankruptcy <the company's pension plan was fully funded>. 2. Having completely satisfied a funding requirement; paid <the construction loan was fully funded>. -Also termed funded. fully managed fund. See MUTUAL FUND. fully met. See ANTICIPATED. fully paid face-amount certificate. Seeface-amount cer tificate (2) under CERTIFICATE. function, n. (I6c) 1. Activity that is appropriate to a par ticular business or profession <a court's function is to 743 administer justice>. 2. Office; duty; the occupation of an office <presidential function>. [Cases: Officers and Public Employees 110.] functional analog. See Ar;"ALOG. functional depreciation. See DEPRECIATIO~. functional discount. See DISCOUNT. functional disease. See DISEASE. functional feature. Trademarks. A design element that is either physically necessary to construct an article or commercially necessary to manufacture and sell it; a product's attribute that is essential to its use, necessary for its proper and successful operation, and utilitarian rather than ornamental in every detail. - A functional feature is not eligible for trademark protection. [Cases: Trademarks (;::::: 1064, 1065(3).) functionality. (19c) Trademarks. The quality of having a shape, configuration, deSign, or color that is so superior to available alternatives that giving the first user exclusive trademark would hinder competi tion. [Cases: Trademarks 1064, 1065(3).) aesthetic functionality. A doctrine that denies pro tection to the design of a product or its container when the design is necessary to enable the product to function as intended. functional limitation. Patents. In a patent application, the definition of an invention by what it does rather than what it is. - A functional limitation is not inher ently invalid, but it is examined closely because it tends to be too broad, claiming every possible way ofdoing the same thing. MPEP 2173.05(g). [Cases: Patents C:=> 101(3).] functional obsolescence. See OBSOLESCENCE. functional rejection. See RErECTION. functionary. A public officer or employee. functus officio (f:mgk-tds <}-fish-ee-oh). [Latin "having performed his or her office"] (l9c) (Of an officer or official body) without further authority or legal com petence because the duties and functions ofthe original commission have been fully accomplished. _ The term is sometimes abbreviated to functus <the court was functus>. [Cases: Officers and Public Employees (;=. 44.] fund, n. 07c) 1. A sum of money or other liquid assets established for a specific purpose <a fund reserved for unanticipated expenses>. blendedfund. A fund created by income from more than one source, usu. from the sale ofa testator's real and personal property. changingfund. A fund, esp. a trust fund, that changes its form periodically as it is invested and reinvested. client-security fund. A fund established usu. by a state or a state bar association to compensate persons for losses that they suffered because of their attorneys' misappropriation of funds or other misconduct. [Cases: Attorney and Client fund contingent fund. (18c) 1. A fund created by a munici pality for expenses that will necessarily arise during the year but that cannot be appropriately classified under any ofthe specific purposes for which taxes are collected. [Cases: Municipal Corporations C:=>886.J 2. A fund segregated by a business to pay unknown costs that may arise in the future. Also termed con tingency reserve. executorfund. A fund established for an executor to pay an estate's final expenses. fund in court. (18c) 1. Contested money deposited with the court. See INTERPLEADER. [Cases: Deposits in Court C:=> 1.] 2. Money deposited to pay a contin gent liability. generalfund. (l7c) 1. A government's primary oper ating fund; a state's assets furnishing the means for the support ofgovernment and for defraying the leg islature's discretionary appropriations. - A general fund is distinguished from assets ofa special charac ter, such as trust, escrow, and special-purpose funds. [Cases: States <:::::? 126.] 2. A nonprofit entity's assets that are not earmarked for a specific purpose. general revenue fund. (1855) The fund out ofwhich a municipality pays its ordinary and incidental expenses. [Cases: Municipal Corporations C:=>886.] guaranty fund. A private deposit-insurance fund, raised primarily by assessments on banks, and used to pay the depositors of an insolvent bank. -Guaranty funds preceded the FDIC's federal-deposit insurance, which began in 1933, though many funds continued until the savings-and-Ioan crisis in the 1980s. Mas sachusetts has a guaranty fund for uninsured deposits (deposits above $100,000) that are not covered by fed eral-deposit insurance. [Cases: Banks and Banking G~:>15,504-506.] imp rest fund (im-prest). A fund used by a business for small, routine expenses. joint-welfare fund. A fund that is established in collec tive bargaining to provide health and welfare benefits to union employees. -the fund is jointly managed by labor and management representatives. -Also termed Taft-Hartley fund. paid-in fund. A reserve cash fund established by a mutual insurance company to pay unforeseen losses. _ The fund is in lieu of a capital stock account. pooled-incomefund. See POOLED-INCOME FUND. public fund. (usu. pl.) 1. The revenue or money ofa gov ernmental body . The term includes not only coins and paper but also bank deposits and instruments representing investments of public money. [Cases: Municipal Corporations <::=>880.] 2. The securities ofa state or national government. lCases: States C:=> 122.] revolvingfund. (1928) A fund whose moneys are con tinually expended and then replenished, such as a petty-cash fund. fund 744 sinking fund. (I8c) A fund consisting of regular deposits that are accumulated with interest to pay off a long-term corporate or public debt. Abbr. SF. [Cases: Corporations C=:)486; Municipal Corpora tions 0=,951.] strike fund. See STRIKE FUND. Taft-Hartley fund. See jOint-welfare fund. trust fund. See TRUST FUND. unsatisfied-judgment fund. (1953) A fund established by a state to compensate persons for losses stemming from an automobile accident caused bv an uninsured or underinsured motorist. [Cases: AU:tomobiles (;:=: 2. (usu, pI.) Money or other assets, such as stocks, bonds, or working capital, available to pay debts, expenses, and the like <Sue invested her funds in her sister's business>, current funds. Assets that can be readily converted into cash. 3. A pool of investments owned in common and managed for a fee; MUTUAL FUND <

into cash. 3. A pool of investments owned in common and managed for a fee; MUTUAL FUND <a diverse portfolio of funds>, fund, vb, (18c) 1. To furnish money to (an individual, entity, or venture), esp, to finance a particular project. 2. To use resources in a manner that produces interest. 3. To convert (a debt, esp, an open account) into a long term debt that bears interest at a fixed rate, fundamental error. See plain error under ERROR (2), fundamental-fairness doctrine. (1969) 'The rule that applies the principles of due process to a judicial pro ceeding, The term is commonly considered synony mous with due process, fundamental interest. See FUNDAMENTAL RIGHT, fundamental law. (I7c) The organic law that establishes the governing principles ofa nation or state; esp" CON STITUTIONAL LAW, -Also termed organic law; ground law, Cf. NATURAL LAW. fundamental-miscarriage-of-justice exception. The doctrine allowing a federal court in a habeas corpus proceeding to address a claim of constitutional error that, although ordinarily unreviewable, is subject to review because ofa state-court procedural default that rendered the proceedings basically unfair. For the exception to apply, among other things, the petitioner must show by a preponderance of the evidence that constitutional error resulted in the conviction of one who is actually innocent. Ifthe defaulted claim applies only to sentencing, the exception permits review ofthe claim ifthe petitioner shows by clear and convincing evidence that, but for the constitutional error, no rea sonable judge or jury would have imposed the sentence that the petitioner received. [Cases: Habeas Corpus C:~c401.] fundamental right. (17c) 1. A right derived from natural or fundamental law, 2. Constitutional law, A signifi cant component ofliberty, encroachments of which are rigorously tested by courts to ascertain the soundness of purported governmental justifications, A fundamen tal right triggers strict scrutiny to determine whether the law violates the Due Process Clause or the Equal Protection Clause of the 14th Amendment. As enunci ated by the Supreme Court, fundamental rights include voting, interstate travel, and various aspects ofprivacy (such as marriage and contraception rights), -Also termed fundamental interest. See STRICT SCRUTINY, Cf. SUSPECT CLASSIFICATION, [Cases: Constitutional Law 3901.] fundamental term. See TERM (2). fundamental trend. See major trend under TREND, fundatio (f~n-day-shee-oh). [Latin "founding" or "foun dation"] Hist. The founding of a corporation, particu larly an eleemosynary corporation, fundatio incipiens (bn-day-shee-oh in-sip-ee-enz), [Latin "incipient foundation"] The incorporation or grant ofcorporate powers, fundatio perficiens (f;m-day-shee-oh p~r-fish-ee-enz), [Latin "perfecting foundation"] The endowment or gift offunds to a corporation, funded. See FULLY FUNDED. funded debt. See DEBT, fund in court. See FUND (1), funding, n. (18c) 1. The process of financing capital expenditures by issuing long-term debt obligations or by converting short-term obligations into long-term obligations to finance current expenses; the process of creating a funded debt. 2. The refinancing of a debt before its maturity. -Also termed refunding, 3. The provision or allocation ofmoney for a specific purpose, such as for a penSion plan, by putting the money into a reserve fund or investments, [Cases: Labor and Employ ment ~--::>500,] 4. The provision of financial resources to finance a particular activity or project, such as a research study,S. The transfer of property to a trust. fundi publici (f;ln-dr p;lb-l;,-sr), [Latin] Hist, Public lands, fundo annexa (f;ln-doh ~-nek-s<l). [Latin] Hist, Things annexed to the soil. funds transfer. A payment ofmoney from one person or entity to another; esp., the process by which payment is made through a series of transactions between comput erized banking systems, beginning with an originator's payment order and ending when a final payment order is received by the beneficiary's bank, Commercial or wholesale funds transfers are governed by Article 4A of the UCC. Consumer funds transfers are regu lated by the federal Electronic Fund Transfer Act (15 USCA 1693 et seq,). Also termed (specif,) elec tronic funds transfer (EFT), [Cases: Banks and Banking (;:=:188.5.] fundus (f;ln-d~s), [Latin "land"] Hist. L Land or ground in general, without consideration of its specific use, 2. A farm, 745 fundus emphyteuticarius (fan-das em-fa-tyoo-ti-kair ee-as). Civil law. Land held under a hereditary lease hold. See EMPHYTEUSIS. fundus instructus (fan-das in-str;1k-t'ls). [Latin] Hist. Land already provided with certain necessaries. fundus patrimonialis (fan-das pa-tr;1-moh-nee-ay lis). [Latin] Roman law. Land belonging to the patri monium principis (that is, property belonging to the emperor as such). funeral expense. See EXPENSE. fungibiles res (fan-jib-a-leez reez). [Latin) Civil law. Fungible things. fungible (f;m-ja-b<ll), adj. (18c) Commercially inter changeable with other property of the same kind <corn and wheat are fungible goods, whereas land is not>. fungible, n. fungible goods. See GOODS. fur (far), n. [Latin) Roman law. A thief. furandi animus (fyuu-ran-dr an-J-mJs). See animus furandi under ANIMUS. furca (far-b), n. [Latin "fork"] (l7c) Roman law. An instrument of punishment with two prongs to which the arms are tied . In England,furca became another name for gallows. furca etflagellum (far-ka et fl<l-jei-<:lm). [Law Latin] Hist. Gallows and whip. This referred to the basest of servile tenures the tenant was completely at the mercy of the lord. furca etfossa (far-b et fahs-a). [Law Latin] Hist. Gallows and pit. -This phrase was used in ancient grants of criminal jurisdiction for punishing felons: hanging for men and drowning for women. furfamosus (far f::l-moh-s::ls). [Latin] Scots law. A reputed thief. Furian Caninian law. See LEX FURIA CANINIA. furigeldum (fyar-a-jel-d::lm). [Law Latin fur "theft" + geldum "payment"] Hist. A fine paid for theft. furlong (far-Iawng). (14c) One-eighth of a mile, or forty rods. -Also termed Jerlingus; Jerlingum. [Cases: Weights and Measures ~3.] furlough (far-loh). (17c) 1. A leave of absence from military or other employment duty. 2. A brief release from prison. See study release under RELEASE. furlough, vb. [Cases: Prisons C--=:o 174,249.] fur manifestus (far man-;J-fes-tJs). [Latin "manifest thief"] Roman law. A thief caught in the act ofstealing. AJur manifestus could be put to death on the spot in either oftwo circumstances: (1) ifthe theft occurred at night, or (2) if the thief used a lethal weapon against the person who discovered the crime. Apart from this, the manifest thief was liable to pay the owner four times the value of the stolen property. Also termed manifest thief furor brevis. See HEAT OF PASSION. furtum furta (far-ta). Hist. A right or privilege from the monarch to try, condemn, and execute criminals within a juris diction. further advance. 1. A second or later loan to a mort gagor by a mortgagee, either on the same security as the original loan or on an additional security. [Cases: Mortgages 116.] 2. Equity practice. The agreed conversion of arrears ofinterest on a mortgage security into principal. further assurance. See ASSURANCE. further-exploration covenant. Oil &gas. In an oil-and gas lease, an implied promise that once production has been obtained from the leased property, the lessee will continue to explore other parts of the property and other formations under it. Some jurisdictions hold that the covenant for further exploration does not exist independently of the covenant for reasonable develop ment. See also REASONABLE-DEVELOPMENT COVENANT; REASONABLY-PRUDENT-OPERATOR STANDARD. [Cases: Mines and Minerals 78.1(7).] further instruction. See additional instruction under JURY INSTRUCTION. furtum (far-t<lm), n. [Latin "theft") Roman law. 1. The offense of stealing movable property . Under Roman law,furtum included not only the taking ofanother's property, but any handling of the property done with the intent of profiting by it. Furtum was not only a private wrong (delictum) prosecuted by the person suf fering the loss. Cf. PECULATUS. 2. The thing stolen. furtum conceptum (far-t<Jm k::ln-sep-tam). [Latin] Roman law. A theft in which someone is discovered in possession of stolen property after a search with witnesses. _ The possessor was liable to pay the owner three times the value ofthe stolen property. The pos sessor could bring an action against the thief and recover triple damages. furtum grave (br-tam gray-vee or grah-vay). Hist. Scots law. An aggravated degree of theft that, in ancient times, was punishable by death. furtum manifestum (far-tam man-::l-fes-t::lm). [Latin "open theft") Roman law. A theft in which the thief is caught in the act. A theft was "manifest" if the thief was caught on the day of the theft with the stolen property before reaching the place where he intended to take it. Fourfold damages were available by means of actio Jurti. (See actio furti under ACTIO.) A theft other than this type was known as furtum nec mani festum. furtum oblatum (far-tam a-blay-tam). [Latin "offered theft"] Roman law. 1. A theft in which the thief offers stolen property to a person who is then found with the goods. "The person found in possession ofthe stolen goods could bring an action against the true thief 2. The planting of stolen goods. furtum possessionis (far-t::lm p::l-zes[h]-ee-oh-nis). [Latin "theft of possession"] Roman law. The owner's dishonest removal of a thing from the control of a 746 Fusian Caninian law pledgee, a bona fide possessor, a commodatary with a lien, or a usufructuary. furtum rei (far-tdm ree-I). [Latin "theft of a thing"] Roman law. Ordinary theft, involving the dishon est taking ofsomething to which the taker had no right. furtum usus (far-tdm yoo-S;:lS oryoo-zdS). [Latin "theft ofthe use of a thing"] Roman law. 1. A bailee's dis honest use of the thing bailed or lent. 2. A creditor's dishonest use ofa pledge (pignus) without contractual authority. Fusian Caninian law. See LEX FURIA CANINIA. fustigation (fds-ti-gay-shan), n. (16c) 1. Hist. The beating of someone with a stick or club. 2. Harsh criticism. fustigate, vb. fustis (bs-tis). Hist. 1. A staff used in making livery of seisin. 2. A baton or club. FUTA. abbr. See FEDERAL UNEMPLOYMENT TAX ACT. futhwite (footh-wIt). Hist. A fine for fighting or breaking the peace. -Also termed fithwite. future-acquired property. See AFTER-ACQUIRED PROPERTY (1). future advance. (1805) Money secured by an original security agreement even though it is lent after the security interest has attached. [Cases: Secured Trans actions e::-~;20, 114.J future-advance dause. (1911) A contractual term in a security agreement covering additional loaned amounts on present collateral or collateral to be acquired in the future, regardless of whether the secured party is obliged to make the advances; esp., a provision in an open-end mortgage or deed of trust allOWing the borrower to borrow additional sums in the future, secured under the same instrument and by the same security. -This type of clause makes a new security agreement unnecessary when the secured creditor makes a future loan to the debtor. [Cases: Mortgages 16, 116; Secured Transactions (:=-20, 114.] future-advances mortgage. See MORTGAGE. future consideration. See CONSIDERATION (1). future covenant. See COVENANT (4). future damages. See DAMAGES. future earnings. See lost earnings under EARNINGS. future estate

future damages. See DAMAGES. future earnings. See lost earnings under EARNINGS. future estate. Seefuture interest under INTEREST (2). future goods. See GOODS. future interest. See INTEREST (2). future performance. See PERFORMANCE. futures, n. 1. Standardized assets (such as commodi ties, stocks, or foreign currencies) bought or sold for future acceptance or delivery. Also termedfinancial futures. 2. FUTURES CONTRACT. 3. Future claimants, esp. those who would become members of a class of persons injured by a defendant and thus included in a class action. futures-commission merchant. An individual or firm that executes orders to buy and sell futures or futures options. [Cases: Commodity Futures Trading Regula tion 20, 26.] futures contract. An agreement to buy or sell a stan dardized asset (such as a commodity, stock, or foreign currency) at a fixed price at a future time, usu. during a particular time ofa month. -Futures contracts are traded on exchanges such as the Chicago Board of Trade or the Chicago Mercantile Exchange. Often shortened to futures. -Also termed futures agreement; time-bargain. Cf. forward contract under CONTRACT; LEVERAGE CONTRACT; OPTION. Commodity Futures Trading Regulation (:=-10.] futures market. See MARKET. futures option. See OPTION. futures trading. The buying and selling offutures con tracts, usu. on formal exchanges. [Cases: Commodity Futures Trading Regulation G=, 11.] future use. See contingent use under USE (4). future value. See VALUE (2). FWC. abbr. File wrapper continuation. See CONTINUA TION; CONTINUATION-IN-PART. FWS. abbr. UNITED STATES FISH AND WILDLIFE SERVICE. fyrdfare. See FERDFARE. G GA. abbr. See general average under AVERAGE. GAAP (gap). abbr. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. GAAS (gas). abbr. GENERALLY ACCEPTED AUDITING STANDARDS. gabel (g;J-bel). Hist. 1. A tax or duty on movables. 2. GAVEL (2). -Also spelledgabelle. See LAND-GAVEL. gabelle (g;J-bel). Hist. 1. A tax or duty on merchandise. 2. A peasant villager, esp. one who pays rent or tribute. See GAVEL (1). -Also spelled gabella; gavella. gage (gayj), n. (l4c) A pledge, pawn, or other thing depos ited as security for performance . An archaic use of this word corresponded to the way wage was formerly used in legal contexts: a gager del ley, for example, was an earlier form of wager oflaw, while gager de deliver ance had the same meaning as wager ofdeliverance. Cf. WAGE (2). "A single root has sent out many branches which over shadow large fields of law. Gage, engagement, wage, wages, wager, wed, wedding, the Scottish wadset, all spring from one root. In particular we must notice that the word 'gage,' in Latin vadium, is applied indiscriminately to movables and immovables, to transactions in which a gage is given and to those in which a gage is taken. When a lord has seized his tenant's goods in distress they are in his hands a gage for the payment of the rent that is in arrear, and the sheriff is always taking gages from those who have no mind to give them. The notion expressed by the word seems to be that expressed by our 'security' ...." 2 Fred erick Pollock & Frederic W. Maitland, The History ofEnglish Law Before the Time ofEdward 1117-18 (2d ed. 1899). gage, vb. (14c) To pawn or pledge; to give as security for. Gage is an older form of wage, and often appeared as a phrase, gager deliverance. "Though the word Cage be retained, as it is a Substantive, yet as it is a verb, use hath turned the Cage into Wage so as it is oftener written Wage; as to Wage Deliverance, to give security, that a thing shall be delivered: For, if he that distrained, being sued, have not delivered the Cattle that were distrained, then he shall not onely avow the Distress, but Cager Deliverance, put in surety, that he will deliver them." Thomas Blount, Noma Lexicon. A Law-Dictionary (1670). gager (gay-j;Jr), n. The giving ofsecurity; the transaction in which one gives a gage. See GAGE. gager del ley. See WAGER OF LAW. gag order. (1952) 1. A judge's order directing parties, attorneys, witnesses, or journalists to refrain from publicly discussing the facts ofa case . When directed to the press, such an order is generally unconstitutional under the First Amendment. [Cases: Criminal Law C=:c 633.33; Federal Civil Procedure C=:c 1951; Trial C=:c 18, 20.] 2. A judge's order that an unruly defendant be bound and gagged during trial to prevent further inter ruptions. [Cases: Criminal Law C=:c637.] gain, n. (14c) 1. An increase in amount, degree, or value. pecuniary gain. (l8c) 1. A gain of money or of some thing having monetary value. 2. Criminal law. Any monetary or economic gain that serves as an impetus for the commission of an offense. In most states, an offense and its punishment are aggravated if the offense was committed for pecuniary gain. Murder, for example, is often aggravated to capital murder if the murderer is paid to commit the crime. See SOLICI TATION (2). 2. Excess of receipts over expenditures or ofsale price over cost. See PROFIT (1). 3. Tax. The excess of the amount realized from a sale or other disposition of property over the property's adjusted value. IRC (26 USCA) 1001. -Also termed realized gain; net gain; (in senses 2 & 3) business gain. [Cases: Internal Revenue ~'""='3178-3216.] capital gain. See CAPITAL GAIN. extraordinary gain. (16c) A gain that is both unusual and infrequent, such as the gain realized from selling a large segment ofa business. ordinary gain. (1945) A gain from the sale or exchange ofa noncapital asset. Cf. CAPITAL GAIN. recognized gain. (1951) The portion of a gain that is subject to income taxation. IRC (26 USCA) 1001(c). See BOOT (1). [Cases: Internal Revenue C=:c3178 3216.] 4. (pl.) Civil law. A type of community property that reflects the increase in property value brought about by the spouses' common skill or labor. See COMMU NITY PROPERTY; ACQUET. [Cases: Husband and Wife C=:c258.] gainage. See WAINAGE (2). gainful employment. See EMPLOYMENT. gainor. See SOCMAN. gains, n. See GAIN. GAL. abbr. See guardian ad litem under GUARDIAN. gale (gayl). (17c) Hist. 1. A periodic payment of rent. See GAVEL (2). 2. Rent paid by a free miner (the galee) for the right to mine a plot of land. 3. A license to mine a plot ofland. A gale could be conveyed or devised. 4. The land so licensed. Gallagher agreement. (1977) A contract that gives one codefendant the right to settle with the plaintiff for a fixed sum at any time during trial and that guarantees payment of the sum regardless of the trial's outcome. City ofTucson v. Gallagher, 493 P.2d 1197 (Ariz. 1972). Cf. MARY CARTER AGREEMENT. [Cases: Compromise and Settlement C=:c 100.] 748 gallows gallows. (bef. 12c) A wooden frame consisting of two upright posts and a crossbeam, from which condemned criminals are hanged by a rope. gamalis (g;}-may-lis). [Law Latin] Hist. 1. A child born in lawful wedlock. 2. A child born to betrothed but unmarried parents. gambler. See COMMON GAMBLER. gambling, n. (l8c) The act ofrisking something ofvalue, esp. money, for a chance to win a prize. -Gambling is regulated by state and federal law. 18 USCA 1081 et seq. Also termed gaming. See COMMON GAMBLER. [Cases: Gaming C==> 1,4.) Indian gambling. Gambling conducted by a feder ally recognized Indian tribe and regulated by federal law. gambling contract. See CONTRACT. gambling device. Any thing, such as cards, dice, or an electronic or mechanical contrivance, that allows a person to playa game of chance in which money may be won or lost. -Gambling devices are regulated by law, and the use or possession of a gambling device can be illegal. Also termed gaming device. gambling place. Any location where gambling occurs. IS USCA lOS1. -Also termed gaming house; gaming room. gambling policy. See wager policy under INSURANCE POLICY. gambling verdict. See chance verdict under VERDICT. game, n. (l3c) 1. Wild animals and birds considered as objects of pursuit, for food or sport; esp., animals for which one must have a license to hunt. [Cases: Game 2. A contest, for amusement or for a prize, whose outcome depends on the skill, strength, or luck of the players. [Cases: GamingC==>6.) game ofchance. A game whose outcome is determined by luck rather than skill. See GAMBLING DEVICE. [Cases: Gaming C==>6; Lotteries "Games of chance do not cease to be such merely because they call for the exercise of skill by the players, nor do games of skill cease to be so because at times .. their result is determined by some unforeseen aCcident, usually called 'luck.' According to some cases, the test of the char acter of the game is not whether it contains an element of chance or an element of skill, but which of these is the dominating element that determines the result of the game.... And it has been said that 'it is the character of the game, and not the skill or want of skill of the player,' which determines whether a game is one ofchance or skill:' 38 Am. Jur. 2d Gambling 4, at 109-10 (1968). game ofskill. A game in which the outcome is deter mined by a player's superior knowledge or ability, not chance. [Cases: Gaming C==>6.J percentage game. A game of chance from which the house collects an amount calculated as a percentage of the wagers made or the sums won. Percentage games are illegal in many states. Gaming C==> 6S.) game, vb. To gamble; to play for a stake. game law. (lSc) A federal or state law that regulates the hunting of game, esp. one that forbids the capturing or killing of specified game either entirely or season ally, describes the means for killing or capturing game in season, or restricts the number and type of game animals that may be killed or captured in season. 16 USCA 661-667; 18 USCA 41-47. [Cases: Game C==>4.] gamete intrafallopian transfer. (ca. 1984) A procedure in which mature eggs are implanted in a woman's fallo pian tubes and fertilized with semen. -Abbr. GIFT. Also termed gamete intrafallopian-tube transfer. Cf. ZYGOTE INTRAFALLOPIAN TRANSFER; ARTIFICIAL INSEMINATION; IN VITRO FERTILIZATION. gaming. See GAMBLING. gaming contract. See gambling contract under CONTRACT. gaming device. See GAMBLING DEVICE. gaming house. See GAMBLING PLACE. gaming room. See GAMBLING PLACE. ganancial (g~-nan-sh;}I), adj. (1843) Of, relating to, or consisting ofcommunity property <a spouse's ganan cial rights>. See COMMUNITY PROPERTY. "The Spanish [more correctly, the Castilian] form of commu nity property, called the 'gananCial' system, is found today in nine states of the United States, the Spanish-American republics of Central and South America, the Common wealth of Puerto Rico and the Philippine Republic." Robert L Menell & Thomas M. Boykoff, Community Property in Q Nutshell 10 (2d ed. 1988). G & A. abbr. See general administrative expense under EXPENSE. gang. (ISc) A group ofpersons who go about together or act in concert, esp. for antisocial or criminal purposes. -Many gangs have common identifying signs and symbols, such as hand Signals and distinctive colors. Also termed street gang. gangland. (ca. 1912) The world of criminal gangs and organized crime. gangster. A member ofa criminal gang or an organized crime syndicate. Ganser's syndrome (gahn-z;}r or gan-s;}r). (1968) An abnormality characterized by the giving of irrelevant and nonsensical answers to questions. _

). (1968) An abnormality characterized by the giving of irrelevant and nonsensical answers to questions. _ Prisoners have been known to feign this syndrome in an attempt to obtain leniency. gantlet (gawnt-lit). [fr. Swedish gata "lane" + lopp "course") (15c) 1. Hist. A former military punishment in which the offender was stripped to the waist and forced to run between two rows of soldiers who gave him lashes as he passed. 2. A series of severe troubles or difficulties; an ordeal. - Also spelled gauntlet; (archai cally) gantlope. GAO. abbr. GENERAL ACCOUNTABILITY OFFICE. gaol. See JAIL. gaol delivery. See JAIL DELIVERY. 749 gaoler. See TAILER. gaol liberties. See TAIL LIBERTIES. gap. See GAP PERIOD. gap creditor. See CREDITOR. gap-filler. (l5c) A rule that supplies a contractual term that the parties failed to include in the contract. For example, if the contract does not contain a sales price, UCC 2-305(1) establishes the price as being a rea sonable one at the time ofdelivery. Cf. DEFAULT RULE. [Cases: Sales (;:--">22(4), 23(4).] "Contracts often have gaps in them. intentional or inadver tent. Gaps arise, too, out of the 'battle of the forms' under sections 2-204 and 2-207. Some gaps are more or less complete, others only partial. Article 2 of the Code includes numerous gap filler provisions which taken together con stitute a kind of standardized statutory contract." 1James J. White & Robert S. Summers, Uniform Commercial Code 3-4 (4th ed. 1995). gap financing. See FINANCING. gap period. (1978) Bankruptcy. The duration of time between the filing of an involuntary bankruptcy petition and the entry of the order for relief. Often shortened to gap. [Cases: Bankruptcy (~~)2281.] gap report. (1984) In the making of federal court a report that explains any changes made by an advisory committee in the language of a proposed amendment to a procedural rule after its publication for comment. Before advisory committees began issuing gap reports in the early 1980s, there were complaints that the public record did not show why changes were made after the public-comment period. The five adviSory commit tees -for appellate, bankruptcy, civil, criminal, and evidence rules therefore began filing the reports to fill in the "gaps" in the record. Although the phrase is sometimes written in capital letters (GAP report), it is not an acronym. gap theory. Insurance. The principle that a tortfeasor will be considered underinsured ifhis or her liabilitv insurance coverage although legally adequate 'is less than the injured party's underinsured-motorist coverage . This principle allows an injured party to invoke underinsured-motorist coverage. Cf. EXCESS THEORY. [Cases: Insurance~2787.1 garageman's lien. See mechanic's lien under LIEN. garandia (gd-ran-dee-d). [Law Latin] Hist. A warranty. Also spelled garantia (gd-ran-shee-a). garauntor (gar-om-tar). [Law French] Hist. A warrantor ofland . Agarauntorwas obligated to defend the title and seisin ofthe alienee. Ifthe alienee was evicted, the garauntor had to provide the alienee with other land ofequal value. Garcia hearing (gahr-see-a). (1981) Criminal procedure. A hearing held to ensure that a defendant who is one of two or more defendants represented by the same attornev understands (1) the risk of a conflict of interest inhere~t in this type of representation, and (2) that he or she is entitled to the services of an attorney who does not represent anyone else in the defendant's case. garnishee United States v. Garcia, 517 E2d 272 (5th Cir. 1975). See CONFLICT OF INTEREST (2). [Cases: Criminal Law 1790.] gard (gahrd). [Law French] Hist. 1. Wardship or custody (of a person). 2. A precinct (or ward) ofa city. -Also spelled garde; gardia. garde (gahrd). [French] I. Civil law. A relationship that gives rise to a person's liability when an injury is caused by a thing, whether animate or inanimate, that is con sidered by law to be that person's responsibility or to be in that person's custody. 2. See GARD. gardein (gahr-deen). [Law French] Hist. A guardian or keeper. Also spelled gardian; gardien; gardeyn. gardia (gahr-dee-d). GARD. gardianus (gahr-dee-ay-nas). [Law Latin] Hist. A guardian, defender, or protector; a warden. -Also spelled guardian us. gardianus ecclesiae (gahr-dee-ay-nas e-klee-z[h]ee-ee). Eccles. law. A churchwarden. garene (ga-reen). [Law French] See WARREN. Garmon doctrine. See Garmon preemption under PRE EMPTION. Garmon preemption. See PREEMPTION. Garner doctrine. (1970) The rule that allows shareholder plaintiffs in a corporate derivative action to discover confidential communications between a corporate officer and the corporation's attorney . The Garner doctrine does not apply to attorney work product, and the movant must show good cause. Garner v. Wolfm barger, 430 F.2d 1093 (5th Cir. 1970). See DERIVATIVE ACTION (1). [Cases: Federal Civil Procedure ~1604(1); Privileged Communications and Confidentiality ~ 113.] , garnish, n. (16c) Hist. Money exacted from a new . prisoner by other prisoners or as a jailer's fee. This practice was banned in England in 1815. garnish, vb. [Old French garnir "to warn" "to prepare"] (16c) 1. Hist. To notify or warn (a person) of certain debts that must be paid before the person is entitled to receive property as an heir. 2. To subject (property) to garnishment; to attach (property held by a third party) in order to satisfy a debt. 3. To notify {a person, bank, etc.} that a garnishment proceeding has been undertaken and that the one receiving notice may be liable as stakeholder or custodian of the defendant's property. -Also termed garnishee; (in senses 2 & 3) factorize. [Cases: Federal Civil Procedure ~601; Gar nishment ~ 1.] -garnishable, adj. garnishee (gahr-ni-shee), n. (l7c) A person or institu tion (such as a bank) that is indebted to or is bailee for another whose property has been subjected to garnish ment. -Also termed garnishee-defendant (as opposed to the "principal defendant," i.e., the primary debtor). [Cases: Federal Civil Procedure ~60l; Garnishment C=13-24.] garnishee (gahr-ni-shee), vb. See GARNISH. garnisher 750 garnisher. (l6c) A creditor who initiates a garnishment action to reach the debtor's property that is thought to be held or owed by a third party (the garnishee). Also spelled garnishor. [Cases: Garnishment e:-~11.] garnishment, n. (16c) 1. A judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any ofthe debtor's property (such as wages or bank accounts) held by that third party. A plaintiff initiates a garnishment action as a means ofeither prejudgment seizure or post judgment collection. [Cases: Federal Civil Procedure ~601; Garnishment ll8.] "Garnishment is a[nl ... inquisitorial proceeding, affording a harsh and extraordinary remedy. it is an anomaly, a statu tory invention sui generis. with no affinity to any action known to the common law .... It is a method of seizure; but it is not a 'levy' in the usual acceptation of that term. It is a proceeding by which a diligent creditor may legally obtain preference over other creditors; and it is in the nature of a creditor's bill. or a sequestration of the effects of a debtor in the hands of his debtor." 38 c.J,S. Garnishment 3, at 248-50 (2003). wrongful garnishment. (1896) 1. An improper or tortious garnishment. [Cases: Garnishment 122,248.] 2. A cause ofaction against a garnisher for improperly or tortiously filing a garnishment pro ceeding. [Cases: Garnishment ~248-251.) 2. The judicial order by which such a turnover is effected. Cf. ATTACHMENT (1); SEQUESTRATION (1). garnishment lien. See LIEN. garnishor. See GARNISHER. Garrity statement (gar-d-tee). (1967) A public employee's oral or written report (as ofan incident) obtained under a threat of termination of employment. A public employee usu. makes a Garrity statement in the course ofan internal investigation (as by a police department). Because a Garrity statement is coerced, the statement and any evidence obtained as a result of it cannot be used in a later criminal prosecution against the public employee. The statement and evidence may be used only to evaluate the employee's performance. Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616 (1967). garsumne. [Old English] A fine; an amercement. gas-balancing agreement. Oil & gas. A contract among owners of the production ofa gas well to balance pro duction if one owner sells more ofthe gas stream than the other owners do. "Gas balancing agreements address the problem of imbal ances in production from a gas well or field. Co-owners frequently sell their share of production to different pur chasers .... Even when co-owners sell to the same pur chaser, their contracts are likely to be signed at different times and to have different price and take provisions. Thus, imbalances are ineVitable." John S. Lowe, Oil and Cas Law in a Nutshell 385 (3d ed. 1995). gas chamber. (ca. 1945) A small, sealed room in which a capital punishment is carried out by strapping the prisoner into a chair and releasing poisonous fumes. gas contract. Oil & gas. An agreement for the sale of natural gas. [Cases: Gas (,.""'::: 14.1(3).] gas sold. Oil & gas. Natural gas that is actually sold but not necessarily all that a well produces . 'The term is used in natural-gas leases. gastonette. (1988) A dilatory dance" in which each of the two responsible parties waits until the other party acts so that the delay seems interminable; esp., a standoff occurring when two courts simultaneously hear related claims arising from the same bases and delay acting while each court waits for the other to act first. The term was coined by Judge Jon O. Newman in In re McLean Industries, Inc., 857 F.2d 88, 90 (2d Cir. 1988), on the model of"After you, my dear Alphonse." "No, after you, Gaston." gas used. Oil &gas. Natural gas that is consumed while a well is in operation but that is not necessarily sold. GATT (gat). abbr. GENERAL AGREEMENT ON TARIFFS AND TRADE. See TRIPS. gauger (gay-jar). (15c) A surveying officer who examines containers ofliquids to give them a mark ofallowance, as containing the lawful measure. gauntlet. See GANTLET. gavel (gav-<ll). (bef. 12c) 1. Hist. A tribute, toll, or custom paid to a superior. 2. Hist. An annual payment of rent or revenue, esp. payment in kind, such as gavel-corn, gavel-malt, or oat-gavel. -Sometimes spelled gabel. 3. A mallet used by a presiding officer, often a judge, to bring a meeting or court to order. gavelbred (gav-dl-bred). Hist. Rent payable in bread, corn, or some other provision; rent payable in kind. gavelet (gav-dl-it). (14c) Rist. A writ used in Kent and London to recover rent from land held in gavelkind. See CESSAVIT. gavelgeld (gav-al-geld). Hist. 1. Property that yields a profit or a tolL 2. The tribute or toll itself. gavelherte (gav-<ll-h<lrt). Hist. A service ofplowing per formed by a customary tenant. gaveling man (gav-dl-ing man or mdn). Hist. See GAVELMAN. gavelkind (gav-al-kInd). (14c) Hist. 1. A species ofsocage tenure arising in land that has descended equally to the decedent's sons . It was Widespread before 1066,

ising in land that has descended equally to the decedent's sons . It was Widespread before 1066, when it was mainly superseded by primogeniture. This property-division technique was then largely limited to Kent. The person holding land in this manner enjoyed several advantages not available under the common law: the land could be disposed ofby will, did not escheat for felony other than treason or for want ofheirs, and was alienable by an heir at age 15. Gavelkind was abolished in 1925. Although the etymology ofthis term was much debated in the 19th century, the explanation given in the first quotation below appears to be the true one. 2. Land that yields gavel service. "[Clarol, or gavel, was a word of frequent use before the Norman Conquest, and signified not only a tribute, tax, or custom, but also rent in general; and ... under this 751 General Agreement on Tariffs and Trade term were comprehended all socage services whatsoever which lay in render or feasance, the word being often com pounded with and applied to the particulars wherein the payment or performance of the service consisted; as corn gavel, or gavelcorn, was a cornrent, and gavel-earth was a service of 'earing' or ploughing.... The tenant from whom such services were due was called a gavel-man: and 'gavel kind' being taken as a compound of this word 'gavel' and 'gekynde,' which is nature, kind, quality (usually appearing under the form 'gafolcund' in the most ancient records), the proper signification of the term will be land of the kind or nature which yielded rent, or 'censualland,' which may be compared to rent-service land as distinguished from knight-service land, which being held by free military service yielded no 'cens' or rent in money, provision, or works: so that the lands held by the old English tenure are known in Kent as gavelkind which in other parts of the country are distinguished by the name of socage." Charles I. Elton & HerbertJ.H. Mackay, Robinson on Cavelkind 5-6 (5th ed. 1897). "The term 'gavelkind' has by the modern usage acquired [a] signification more confined as to the properties contained under it, yet more extensive in point of place: since at this day it is generally used to denote the partibility of the land, exclusive of all other customary qualities; nor is the word 'gavelkind' in common parlance confined to Kentish lands, but is equally and indifferently applied to all partible lands wherever they lie." Id. at 9, "Archbishop Hubert Walter, who presided in the king's court ... obtained from King John a charter empowering him and his successors to convert into military fees the tenements that were holden of their church in gavelkind, The archbishop's main object may have been to get money in the form of rents and scutages, instead of provender and boonworks, 'gavel-corn' and 'gavel-swine,' 'gavelerth' and 'gavel-rip'...." 2 Frederick Pollock & Frederic W. Maitland, The History ofEnglish Law Before the Time ofEdward 1273 (2d ed. 1899). gavelman (gav-;ll-m;ln). Hist. A tenant who is liable for money rent in addition to a customary service to the lord. _ A gavelman was formerly a villein who had been released from villenage in consideration ofmoney rent. Also termed gaveling man. gavelmed (gav-;ll-meed). Rist. A tenant's customary service of mowing the lord's meadowland or grass for hay. -Also spelledgavelmead. gavel rep (gav-;ll-reep). Hist. A tenant's duty to reap the lord's fields at the lord's command; BEDRIP. -Also spelled gavelrip. gavel through. Parliamentary law. To put (a question) to a vote before any member can obtain the Hoor. The practice of "gaveling through" a motion is improper under parliamentary law. "It should be noted that, under legitimate parliamentary procedure, there is no such thing as 'gaveling through' a measure. The right of members to debate or introduce sec ondary motions cannot be cut off by the chair's attempting to put a question to vote so quickly that no member can get the floor -either when the chair first states the question or when he believes debate is ended. Debate is not closed by the presiding officer's rising to put the question." Henry M. Robert, Robert's Rules ofOrder Newly Revised 43, at 374 (lOth ed. 2000). gavelwerk (gav-;ll-w;lrk). Hist. Customary service, either by the tenant's own hands or with the aid ofthe tenant's carts or carriages. gay marriage. See same-sex marriage under MARRIAGE (1). Gazette (g;l-zet). (17c) An official newspaper of the British government in which acts of State, Crown appointments, notices of bankruptcy, and other legal matters are reported . Although the London Gazette is the most famous, there are also publications called the Edinburgh Gazette and the Belfast Gazette with similar purposes, gazumping (g;l-zamp-ing). (20c) BrE Slang. The improper sale of a house, usu. by raising the price after accept ing an offer. Gazumping can take different forms, the usual one being when a seller raises the price after accepting the buyer's offer. But it may also occur when a competing buyer makes a higher bid than the one already accepted, thus encouraging the seller to back out of the earlier contract. g.b.h. abbr. Grievous bodily harm. See serious bodily injury under INJURY. GBMI. abbr. GUILTY BUT MENTALLY ILL gdn. abbr. GUARDIAN. Gebrauchsmuster. [German] Patents. UTILITY MODEL. Abbr.GM. geld, n. (lSc) Hist. A tax paid to the Crown under Anglo Saxon and Norman kings. geldable (geld-;l-b;ll), adj, Hist. (Of property) subject to tax or tribute. Also spelled gildable. GEM. See growing-equity mortgage under MORTGAGE. gemot (g;l-moht). (bef. 12c) Hist. A local judicial assembly; a public meeting. Also spelled gemote. gender discrimination. See sex discrimination under DISCRIMINATION. gener (jee-n<Jr), n. [Latin] Roman law. A son-in-law, General Accounting Office. See GENERAL ACCOUNT ABILITY OFFICE. General Accountability Office. An office in the legisla tive branch of the federal government responsible for auditing the receipt and disbursement of U.S. govern ment funds and conducting investigations for members ofCongress and congreSSional committees . Headed by the Comptroller General ofthe United States, it was formerly called the General Accounting Office, estab lished by the Budget and Accounting Act of 1921. It was renamed in 2004. 31 USCA 702. -Abbr. GAO. general act. See PUBLIC LAW (2). general administration. See ADMINISTRATION. general administrative expense. See EXPENSE. general administrator. See ADMINISTRATOR (2). general agency. See AGENCY (I). general agent. 1. See AGENT (2). 2. See INSURANCE AGENT. General Agreement on Tariffs and Trade. A multiparty international agreement -signed originally in 1948 that promotes international trade by lowering import 752 general appearance duties and providing equal access to markets . More than 150 nations are parties to the agreement. Abbr. GATT. general appearance. See APPEARANCE. general assembly. 1. The name ofthe legislative body in many states. 2. (cap.) The deliberative body of the United Nations. 3. CONVENTION (4). general assignment. See ASSIGNMENT (2). general assumpsit. See ASSUMPSIT. general authority. See AUTHORITY (1). general average. See AVERAGE. general-average bond. See BOND (2). general-average contribution. See general average under AVERAGE. general average loss. See LOSS. general-average statement. Maritime law. A statement containing an exact calculation ofthe general average and each party's contributory share. See AVERAGE (3). [Cases: Shipping 199.] general benefit. See BENEFIT. general bequest. See BEQUEST. general cargo. See CARGO. general challenge. See challenge for cause under CHAL LENGE (2). general compromis. See COMPROMIS. general consent. l. See BLANK CONSENT. 2. See CONSENT (2). general contractor. See CONTRACTOR. general council. See COUNCIL. general counsel. See COUNSEL. General Counsel's Memorandum. Tax. 1. A written dis cussion, issued by the office ofthe Chief Counsel ofthe IRS, on the merits of a legal issue involving tax law. 2. A written explanation, issued by the office ofthe Chief Counsel of the IRS, explaining the IRS's positions in revenue rulings and technical advice memorandums. [Cases: Internal Revenue (;:=;;3051.] general couut. See COUNT. General Court. The name of the legislatures of Massa chusetts and New Hampshire . "General Court" was a common colonial-era term for a body that exercised judicial and legislative functions. Cf. COURT OF ASSIS TANTS. general court-martial. See COURT-MARTIAL. general covenant against encumbrances. See covenant against encumbrances under COVENANT (4). general creditor. See unsecured creditor under CREDI TOR. general criminal intent. Seegeneral intent under INTE::-<T (1). general custom. See CUSTOM. general damages. See DAMAGES. general debt. See DEBT. general deficiency bill. See deficiency bill under BILL (3). general demurrer. See general exception (1) under EXCEPTION (1). genera] denial. See DENIAL. general deposit. See DEPOSIT (2). general deputy. L See DEPUTY (2). 2. See deputy sheriff under SHERIFF. general deterrence. See DETERRENCE. general devise. See DEVISE. general-disability insurance. See INSURANCE. general discharge. See DISCHARGE (8). general election. See ELECTION (3). general employer. See EMPLOYER. general exception. See EXCEPTION (1). general execution. See EXECUTION (4). general executor. See EXECUTOR. general expense. See general administrative expense under EXPENSE. general federal common law. See COMMON LAW (1). general fee conditional. Seefee simple conditional under FEE SIMPLE. general finding. See FINDING OF FACT. general franchise. See FRANCHISE (2). general fund. See Fl:ND (1). general good and welfare. See GOOD OF THE ORDER. general guaranty. See GUARANTY. general guardian. See GUARDIAN. general hypothecation. See HYPOTHECATION. generalia specialibus non derogant (jen-a-ray-Iee-a spesh-ee-ay-h-bas non der-a-g;mt). [Latin "general things do not derogate from specific things"] The doctrine holding that general words in a later statute do not repeal an earlier statutory provision dealing with a special subject. This principle illustrates the cautious approach that some courts have adopted in interpret ing broad provisions, but there are many exceptions. [Cases: Statutes CC)162,223.4.] general imparlance. See IMPARLANCE. general improvement. See IMPROVEMENT. general indorsement. See blank indorsement under INDORSEMENT. general instruction. See JURY INSTRUCTlO::-<. general intangible. See INTANGIBLE. general intent. See INTENT (1). general-intent crime. See CRIME. general issue. See ISSUE (1). general jail delivery. See JAIL DELIVERY. general jurisdiction. See JURISDICTION. 753 general-jurisdiction court. See court ofgeneral jurisdic tion under COURT. general jurisprudence. See JURISPRl:DENCE. general-justification defense. See lesser-evils defense under DEFENSE (1). General Land Office. A former U.S. Interior Department division that exercised executive power relating to the public lands, including their survey, patenting, and sale or other disposition . The General Land Office and the U.S. Grazing Service were consolidated into the Bureau of Land Management in 1946. See BUREAU OF LAND MANAGEMENT. [Cases: Public Lands general law. See LAW. general ledger. See LEDGER (1). general legacy. See LEGACY. general legal principle. See GENERAL PRINCIPLE OF LAW. general legatee. See LEGATEE. general legislation. See LEGISLATION. general letter ofcredit. See LETTER OF CREDIT. general.liability policy. See comprehensive general-lia bility policy under INSURANCE POLICY. general lien. See LIEN. general listing. See open listing under LISTING (1). generally accepted accounting principles. (1930) The conventions, rules, and procedures that define approved accounting practices at a particular time . These prin ciples are issued by the Financial Accounting Standards Board for use by accountants in preparing financial statements. The principles include not only broad guidelines of general application but also detailed prac tices and procedures. -Abbr. GAAP. Also termed generally accepted accountancy principles. generally accepted auditing standards. lhe guidelines issued by the

Also termed generally accepted accountancy principles. generally accepted auditing standards. lhe guidelines issued by the American Institute of Certified Public Accountants establishing an auditor's professional qualities and the criteria for the auditor's examination and required reports. -Abbr. GAAS. general malice. See MALICE. general manager. See MANAGER. general maritime law. The body of U.S. legal precedents and doctrines developed through caselaw in maritime and admiralty litigation . General maritime law is a branch of federal common law. It is distinguished from statutory law. Cf. MARITIME LAW; LAW OF THE SEA. [Cases: Admiralty C= 1.5.] "The general maritime law is characterized by the expan sive and dominant role played by federal courts in fashion ing and applying its precepts to new situations. Large areas of maritime tort law have not been touched by legislation; these are left to the federal courts to define and fill. In areas preempted by legislation, federal courts may not establish principles in derogation of the congressional mandate. However, in the framework of admiralty juris diction, federal courts may still play an active role in inter preting statutes, filling gaps, and coordinating legislation general revenue with the general maritime law." Thomas J. Schoenbaum, Admiralty and Maritime Law 122 (1987). general mens rea. See general intent under r",TENT (1). general mortgage. See MORTGAGE. general-mortgage bond. See BOND (3). general non est factum. See NON EST FACTUM. general objection. See OBJECTION. general-obligation bond. See BOND (3). general occupant. See OCCl:PANT. general officer. See OFFICER (2). general order. See ORDER (4). general owner. See OWNER. general parliamentary law. See PARLIAMENTARY LAW. general pardon. See AMNESTY. general partner. See PARTNER. general partnership. See PARTNERSHIP. general personal jurisdiction. See JURISDICTION. general plea. See general denial under DENIAL. general plea in bar. See PLEA IN BAR. general power. See POWER OF APPOINTMENT. general power ofappointment. See POWER OF APPOIKT MENT. general power ofattorney. See POWER OF ATTORNEY. general prayer. See PRAYER FOR RELIEF. general principle oflaw. 1. A principle widely recognized by peoples whose legal order has attained a certain level ofsophistication. 2. Int'llaw. A principle that gives rise to international legal obligations. "[T]he adjective 'general' does not refer to several or many orders [Le., legal systems] as do the general principles of national law, but indicates principles which are applied generally in all cases of the same kind which arise in international law (e.g. the principle of nonintervention)." Hermann Mosler, "General Principles of Law," in 2 Encyclo pedia ofPublic International Law 512, 512 (1995). 3. A principle recognized in all kinds oflegal relations, regardless of the legal system to which it belongs (state law, federal law, international law, etc.). Also termed general legal principle. general privilege. See PRIVILEGE (5). general property. See PROPERTY. general publication. See PUBtICATION. general-public license. See open-source license under LICENSE. general receiver. See principal receiver under RECEIVER. general reference. See REFERENCE. general replication. See REPLICATION. general reprisal. See REPRISAL. general retainer. See RETAINER. general retention. See RETENTION. general revenue. See REVENUE. 754 general revenue fund general revenue fund. See FUND (1). general rule. See RULE. general sentence. See SENTENCE. General Services Administration. The independent federal agency that constructs and operates buildings; manages government property and records; procures and distributes supplies; and provides management services in communications, traffic, and automatic data processing . Its Office ofEnterprise Development assists small businesses in dealing with the agency through GSA's 12 regional offices. The agency was created by the Federal Property and Administrative Services Act of 1949. 40 USCA 751. -Abbr. GSA. general ship. See SHIP. general special imparlance. See IMPARLANCE. general statute. 1. See STATUTE. 2. See PUBLIC LAW (2). general strike. See STRIKE. general synod. See SYNOD. general tail. See tail general (1) under TAIL. general tax. See TAX. general tenancy. See TENANCY. general term. See TERM (5). general title. See TITLE (3). general traverse. See TRAVERSE. general truce. See TRUCE. general trust. See passive trust under TRUST. general usage. See USAGE. general verdict. See VERDICT. general-verdict rule. (1930) The principle that when a jury returns a general verdict on multiple causes of action (or theories of recovery), it is presumed on appeal that the jury found in the prevailing party's favor on each cause ofaction. (Cases: Appeal and Error ~930(4).] general verdict subject to a special case. See VERDICT. general verdict with interrogatories. See VERDICT. general warrant. See WARRANT (1). general warranty. See WARRANTY (1). general warranty deed. See warranty deed under DEED. general welfare. See WELFARE (l). General Welfare Clause. (1898) U.S. Const. art. I, 8, d. 1, which empowers Congress to levy taxes and pay debts in order to provide for the country's general welfare. The Supreme Court has broadly interpreted this clause to allow Congress to create, for example, the social-security system. -Also termed Welfare Clause. lCases: United States ~22.] general words. (I8c) Semantically broad expression; esp., language used in deeds to convey not only the specific property described in the conveyance but also all easements, privileges, and appurtenances that may belong to the property. [Cases: Deeds (,'-:::> 117.] generation. (l4c) 1. A Single degree or stage in the suc cession of persons in natural descent. 2. The average time span between the birth of parents and the birth of their children. generation-skipping tax. See TAX. generation-skipping transfer. (1979) Wills & trusts. A conveyance ofassets to a "skip person," that is, a person more than one generation removed from the transf eror. For example, a conveyance either directly or in trust from a grandparent to a grandchild is a genera tion-skipping transfer subject to a generation-skipping transfer tax. IRC (26 USCA) 2601-2663. See gen eration-skipping transfer tax under TAX; generation skipping trust under TRUST; SKIP PERSON. generation-skipping transfer tax. See TAX. generation-skipping trust. See TRUST. generic, adj. (1846) Trademarks. 1. Common or descrip tive, and thus not eligible for trademark protection; nonproprietary <a generic name>. [Cases: Trademarks 0=1034.] 2. Not having a trademark or brand name <generic drugs>. genericalness. See GENERICNESS. generic burglary. See BURGLARY. generic claim. See PATENT CLAIM. generic drug. See DRUG. generic-drug law. (1977) A statute that allows pharma cists to substitute a generic drug for a brand-name drug under specified conditions . Most states have enacted generic-drug laws to ensure that less-expensive generic drugs are available to consumers, genericide (ja-ner-a-sId). Trademarks. The loss or can cellation of a trademark that no longer distinguishes the owner's product from others' products . Generi cide occurs when a trademark becomes such a house hold name that the consuming public begins to think of the mark not as a brand name but as a synonym for the product itself. Examples of trademarks that have been"killed" by genericide include aspirin and escala tor. [Cases: Trademarks G=:;>1166.1 genericism (ja-ner-a-siz-am). See GENERIC NESS. generic name. (1872) Trademarks. A term that describes something generally without deSignating the thing's source or creator, such as the word car or sink . A generic name cannot be protected as a trademark for the thing it denotes; e.g., Apple can be a trademark for computers but not for apples. Also termed generic term; generic mark; common descriptive name. [Cases: Trademarks genericness, n, (20c) The state or condition of being generic <an affirmative defense ofgeneric ness in a trade mark suit>. Also termed genericalness; genericism. generic swap. See plain-vanilla swap under INTEREST RATE SWAP. generic term. See GENERIC NAME. genetic child. See natural child (1) under CHILD. genetic engineering. (ca. 1951) A method of creating new life forms and organic matter by gene-splicing and other techniques . lhe Supreme Court has ruled that those creations are patentable. Diamond v. Chakrabarty, 447 U.S. 303, 100 S.Ct. 2204 (1980). genetic father. See biological father under FATHER. genetic fingerprinting. See DNA IDENTIFICATION. genetic-marker test. A medical method of testing tissue samples used in paternity and illegitimacy cases to determine whether a particular man could be the father of a child . This test represents a medical advance over blood-grouping tests. It analyzes DNA and is much more precise in assessing the probability of paternity. Abbr. GMT. See PATERNITY TEST. Cf. BLOOD-GROUPING TEST; HUMAN-LEUKOCYTE ANTIGEN TEST. [Cases: Children Out-of-Wedlock <:>45,58.] genetic mother. See biological mother under MOTHER. genetic parent. See biological parent under PARENT. Geneva Conventions of 1949 OJ-nee-va). Four inter national agreements dealing with the protection of wounded members of the armed forces, the treatment of prisoners of war, and the protection ofcivilians during international armed conflicts . Common Article 3 of the Conventions proclaims certain minimum standards of treatment that are applicable to noninternational armed conflicts. The humanitarian-law protection established in these four agreements was amplified in 1977 by the two Protocols Additional to the Geneva Conventions. In common parlance, people refer to the Geneva Convention as if there were just one agreement. Cf. LAWS OF WAR. [Cases: Treaties <:>8.] Geneva Phonograms Convention. A 1971 treaty requiring signatories to protect phonorecord pro ducers against piracy and the importation of pirated copies, by copyright protection, unfair-competition law, or criminal sanctions . The treaty was drafted by representatives from WIPO and UNESCO to correct weaknesses in the Rome Convention. Also termed Convention for the Protection ofProducers ofPhono grams Against Unauthorized Duplication ofTheir Pho nograms; Phonograms Convention. genocide (jen-J-sId). (ca. 1944) Int'llaw. An interna tional crime involving acts causing serious physical and mental harm with the intent to destroy, partially or entirely, a national, ethnic, racial, or religious group . The Widely ratified Genocide Convention of 1948 defines the crime. The International Criminal Court has jurisdiction to try those accused ofgenocide. Many nations also have criminal laws providing punishment for individuals convicted of genOcide. Cf. ETHNIC CLEANSING. [Cases: Aliens, Immigration, and Citizen ship <:>763.] "The ... draft Convention on the Prevention and Punish ment of the Crime of Genocide was adopted by the General Assembly on December 9, 1948 and unanimously recom mended for adherence to the members of the United Nations. It came into force in October, 1950 .... The term 'genocide' was first proposed by Dr. Lemkin in the course of the war and incorporated on his suggestion into the Indictment of the Major German War Criminals. The [U.N. General] Assembly Resolution on Genocide of December 11. 1946, and the Convention of 1948, are also the result of a remarkable one-man campaign." Georg Schwarzen berger, Power PolitiCS: A Study ofInternational Society 634 (2ded.195l). Genoese lottery (jen-oh-eez or -ees). See LOTTERY. genotype. (19c) Patents. The genetic makeup ofa living organism. A patent on living matter must disclose its genotype rather than just describe its phYSical char acteristics (phenotype) or behavior. Cf. PHENOTYPE. [Cases: Patents (;=:c 14.] genotypic, adj. gens (jenz), n. [Latin] (19c) Roman law. A clan or group offamilies who share the same name and (supposedly) a common ancestor; extended family . Members of a gens are freeborn and possess full civic rights. PI. gentes. "A wider group still is the gens, of great importance in early law though its importance was gone in classical times. This consisted of all who bore the same nomen, the gentile name." W.w. Buckland, A Manual ofRoman Private Law61 (2d ed. 1953). gentes (jen-teez), n. [Latin] (19c) Roman law. Ihe peoples or nations of the world, particularly the civilized

. [Latin] (19c) Roman law. Ihe peoples or nations of the world, particularly the civilized peoples. gentile (jen-tIl). [fro Latin gentilis] Roman law. A member of a gens. See GENS. gentium privatum. See private international law under INTERNATIONAL LAW. gentleman. (12c) Hist. 1. A man ofnoble or gentle birth or rank; a man above the rank ofveoman. 2. A man belonging to the landed gentry. Today the term has no precise legal meaning. gentleman's agreement. See GENTLEMEN'S AGREE MENT. Gentleman Usher of the Black Rod. English law. An officer ofthe House ofLords who has various ceremo nial duties, including the summoning ofthe members ofthe House ofCommons to the House ofLords when a bill is to receive royal approvaL. The office dates from the 14th century. gentlemen's agreement. (1886) An unwritten agreement that, while not legally enforceable, is secured by the good faith and honor of the parties. -Also spelled gentleman's agreement. [Cases: Contracts <:> L] gentrification, n. (1973) The restoration and upgrad ing of a deteriorated or aging urban neighborhood by middle-class or affluent persons, resulting in increased property values and often in displacement of lower income residents. -gentrify, vb. genuine, adj. (17c) 1. (Of a thing) authentic or real; having the quality of what a given thing purports to be or to have <the plaintiff failed to question whether the exhibits were genuine>. 2. (Of an instrument) free of forgery or counterfeiting <the bank teller could not determine whether the signature on the check was genuine>. UCC 1-201(18). genuine issue ofmaterial fact. (1938) Civil procedure. In the law of summary judgments, a triable, substantial, or real question offact supported by substantial evidence. -An issue ofthis kind precludes entry of summary judgment. [Cases: Federal Civil Procedure C=>2470, 2470.1; Judgment C=> 181(2), 185(6).] genus (jee-nCls or jen-Cls). (16c) A general class compris ing several species or divisions. -In legal usage, the terms genus and (sometimes) species invoke the taxo nomic classification oflife forms in biological science. For example, patent law is a species within the genus of intellectual property; burglary is a species within the genus of crime. In the law of sales, genus referred to fungibles, while species referred to specific, individual items. Cf. SPECIES (2). genus claim. See generic claim under PATDIT CLAIM. genus nunquam perit (jee-nCls n3n[g]-kwam per-it). [Latin] Hist. The class never perishes . The phrase appeared in reference to a quantity of contracted-for goods of a certain class (rather than a single item), the destruction of which did not discharge the seller's obli gation. geodetic-survey system (jee-Cl-det-ik). (1990) A federally created land-description method consisting ofnation wide marks (or benches) made at longitude and latitude points. 1he geodetic-survey system integrates most of the real property in the United States into one unified form of measurement. geographically descriptive trademark. See TRADE MARK. geographic market. See MARKET. geographic name. See NAME. geography of crime. See environmental criminology under CRIMINOLOGY. Georgia-Pacific analysis. Patents. A IS-factor test for setting a reasonable royalty in infringement suits . Among other factors, the test considers what a prudent licensee would have paid while still being able to earn a profit. Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970). [Cases: Patents C=> 319(1).] german (j<Jr-mCln), adj. (14c) Having the same parents or grandparents; closely related. brother-german. See BROTHER. cousin-german. See C01JSIN (1). sister-german. See SISTER. germane (jClr-mayn), adj. (14c) Relevant; pertinent <the caselaw cited in the brief was not germane to the legal issue pending before the court> . Under parliamen tary law, debate and amendments are in order only if they are germane to the motion under consideration. germanus (jdr-may-nds). [Latin] Roman law. 1. adj. Having the same father and mother. Seefrater germanus under FRATER. 2. n. A whole brother; a child ofboth of one's own parents. gerrymandering (jer-ee-man-dClr-ing or ger-ee-), n. (1812) 1. Ibe practice of dividing a geographical area into electoral districts, often of highly irregular shape, to give one political party an unfair advantage by diluting the opposition's voting strength . When Mas sachusetts Governor Elbridge Gerry ran for reelection in 1812, members of his political party, the Anti-Fed eralists, altered the state's voting districts to benefit the party. One newly created district resembled a salaman der, inspiring a critic to coin the word gerrymander by combining the governor's name, Gerry, with the ending of salamander. Gerry was not reelected governor, but was elected as James Madison's vice preSident. -Also termed political gerrymandering. [Cases: Constitu tional Law (>3285,3658(5); Elections (;::-012(6).] 2. Ihe practice ofdividing any geographical or jurisdic tional area into political units (such as school districts) to give some group a special advantage. Also termed jurisdictional gerrymandering. Ct: REAPPORTIONMENT. [Cases: Schools C=>32.]- gerrymander, vb. delineational gerrymandering. Gerrymandering by varying the districts' shape . There are three kinds of delineational gerrymandering: cracking (or fractur ing), packing, and stacking. See CRACKING; PACKING; STACKING (2). institutional gerrymandering. Gerrymandering by means ofvarying the number of representatives per district. gersum (g3r-S<lm). HisL 1. Money paid for a thing; specif., compensation paid by a tenant to a superior on entering a holding. 2. A penalty or amercement paid for an offense. -Also spelled garsumme; gersuma; gersume; grassum. 3. GRESSUME. gersumarius (jClr-s[y]CI-mair-ee-Cls). Hist. Finable; liable to be fined at the discretion of a feudal superior . A villein who gave his daughter in marriage was ger sumarius -he was liable to pay a fine to the lord. Geschmacksmuster. Patents. [German] See design patent under PATENT. Gestalt factors. The criteria that a court uses in a minimum-contacts analysis to determine the rea sonableness of subjecting a nonresident to personal jurisdiction. -These fairness criteria include (1) the defendant's burden of making a personal appearance, (2) the forum state's interest in adjudicating the dispute, (3) the plaintiff's interest in obtaining convenient and eftective relief, (4) the judicial system's interest in arriving at the most effective resolution of the contro versy, and (5) the common interests of all sovereigns in promoting substantive social policies. 'these factors were articulated by the United States Supreme Court in Burger King Corp. v. Rudzewicz, 471 U.S. 462, 478, 105 S.Ct. 2174, 2185 (1985), but the Court has never used the term Gestalt factors; it was coined in Donatelli v. National Hockey League, 893 F.2d 459, 465 (lst Cir. 757 gift 1990). See MINIMUM CONTACTS. [Cases: Courts 12(2.1); Federal Courts ~76.1O.] gestational carrier. See surrogate mother (1) under MOTHER. gestational mother. See birth mother under MOTHER. gestational surrogacy. See SURROGACY. gestational surrogate. See surrogate mother (1) under MOTHER. gestio (jes-chee-oh), n. [Latin] (I6c) Roman law. 1. Behavior or conduct. See GESTIO PRO HEREDE. 2. The management of a thing, esp. a transaction. See NEGO TIORUM GESTIO. -Also termed GESTION. negotiorum gestio (ni-goh-shee-or-dm jes-chee-oh). See NEGOTIORUM GESTIO. gestio pro haerede (jes-chee-oh proh her-d-dee). [Latin "behavior as heir") Roman & Hist. Scots law. An appointed heir's conduct (such as selling or leasing the decedent's property) that indicates the heir's intent to receive the inheritance and thereby take on the estate's debts; more broadly, any behavior as an heir. Also spelled gestio pro haerede. gestor (jes-tor), n. [Latin] Roman law. I. One who carries on a business. 2. NEGOTIORUM GESTOR. PI. gestores. gestu etfama (jes-t[y)oo et fay-md). [Latin "demeanor and reputation"] Hist. A writ used by a person who had been imprisoned because of a poor reputation in the community to gain release from jail pending the arrival of justices with commissions of gaol delivery. See COMMISSION OF GAOL DELIVERY. gestum (jes-tdm), n. [Latin] Roman law. A deed or an act; a thing done. Gestum is synonymous with factum. See FACTUM (2). gesture. (ISc) A motion of the body calculated to express a thought or emphasize a certain point <the prosecutor was known for her dramatic gestures during closing argument>. get, n. (l9c) 1. A rabbinical divorce; a Jewish divorce. 2. Under Jewish law, a document Signed by a rabbi to grant a divorce . Under Jewish law, a Jewish divorce can be obtained only after the husband has given the get to the wife, who must voluntarily accept it. Also spelled gett. Pl. gittin. See rabbinical divorce under DIVORCE. get-up. See TRADE DRESS. gewrit. Hist, A deed, charter, or similar writing. ghost detainee, See secret detainee under DETAINEE. ghosting. Ihe assumption of the identity of a deceased person to conceal one's true identity. Cf. IDENTITY THEFT. gibbet (jib-it), n. (13c) Hist. A post with one arm extending from the top, from which criminals are either executed by hanging or suspended after death as a warning to other potential offenders; a type ofgallows. double gibbet. A gibbet with two arms extending from its top so that it resembles a capital "1'." gibbet law. See HALIFAX LAW. GIC. See guaranteed investment contract under INVEST MENT CONTRACT. GIFT. abbr. GAMETE INTRAFALLOPIAN TRANSFER. gift, n. (12c) 1. The voluntary transfer of property to another without compensation. [Cases: Gifts ~1.]2. A thing so transferred. gift, vb. absolute gift. See inter vivos gift. anatomical gift. (1971) A testamentary donation of a bodily organ or organs, esp. for transplant or for medical research. -The procedures for making an anatomical gift are set forth in the Uniform Anatomi cal Gift Act, which has been adopted in every state. [Cases: Dead Bodies antenuptial gift. See prenuptial gift. charitable gift. An inter vivos or testamentary donation to a nonprofit organization for the relief of poverty, the advancement of education, the advancement of religion, the promotion of health, governmental, or municipal purposes, and other purposes the accom plishment of which is beneficial to the community. Restatement (Second) ofTrusts 368 (1959). When the beneficiary is a religious organization or the gift is intended for a religious purpose, it is sometimes also termed a pious gift. [Cases: Charities class gift. (1949) A gift to a group of persons, uncertain in number at the time ofthe gift but to be ascertained at a future time, who are all to take in definite pro portions, the share of each being dependent on the ultimate number in the group. ''The typical class gift is to 'children,' 'issue,' 'heirs,' 'brothers and Sisters,' 'nieces and nephews,' 'grandchil dren.' A class gift is one in which the donor intends to benefit a group or a class of persons, as distinguished from specific indiViduals; the class gift donor is said to be 'group-minded.' The class gift is one in which the donor intends that the number of donees, from the time of the delivery of the instrument of gift in the case of the inter vivos gift, or from the time of the execution ofthe will in the case of the testamentary gift, is subject to fluctuation by way of increase or decrease, or by way of increase only, or by way of decrease only, depending on the circumstances of the gift." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 136 (2d ed. 1984). completed gift. (1952) A gift that is

ests 136 (2d ed. 1984). completed gift. (1952) A gift that is no longer in the donor's possession and control. Only a completed gift is taxable under the gift tax. gift causa mortis (kaw-Zd mor-tis). (18e) A gift made in contemplation of the donor's imminent death. The three essentials are that (1) the gift must be made with a view to the donor's present illness or peril, (2) the donor must actually die from that illness or peril, without ever recovering, and (3) there must be a delivery. Even though causa mortis is the more usual word order in modern law, the correct Latin phrasing is mortis causa -hence gift mortis causa. Also termed donatio causa mortis; donatio mortis causa; gift in contemplation ofdeath; transfer in contempla tion ofdeath. See CONTEMPLATION OF DEATH. [Cases: Gifts G=S3-68.] 758 gift deed "[Gifts causa mortis] are conditional, like legacies; and it is essential to them that the donor make them in his last illness, or in contemplation and expectation of death; and with reference to their effect after his death, they are good, notwithstanding a previous will; and if he recovers, the gift becomes void." 2 James Kent, Commentaries on American Law *444 (George Comstock ed., 11th ed. 1866). "A 'gift causa mortis' ... is testamentary, and it is similar to testamentary disposition in the respect that there remains with the donor the power to revoke the gift until his death. In some respects, a gift causa mortis may be said to resemble a contract, for mutual consent and the concur rent will of both parties are necessary to the validity of the transfer." 38A CJ.S. Gifts 85, at 276-77 (1996). gift in contemplation ofdeath. See gift causa mortis. gift inter vivos. See inter vivos gift. gift in trust. (18e) A gift oflegal title to property to someone who will aet as trustee for the benefit of a beneficiary. gift over. (18e) A property gift (esp. by will) that takes effeet after the expiration ofa preceding estate in the property (such as a life estate or fee simple determin able) <to Sarah for life, with gift over to Don in fee>. [Cases: Wills (:::::614(2,3).] gift splitting. See split gift. gratuitous gift. A gift made without consideration, as most gifts are. _ Strictly speaking, the term looks redundant, but it answers to the donum gratuitum ofRoman law. inter vivos gift (in-tarvl-vohs orvee-vohs). (1848) A gift ofpersonal property made during the donor's lifetime and delivered to the donee with the intention ofirre vocably surrendering control over the property. Also termed gift inter vivos; lifetime gift; absolute gift [Cases: Gifts C==' 1-33.] lifetime gift. See inter vivos gift manual gift. Civil law. A gift of movable, tangible property, made by delivery without any formalities. La. Civ. Code art. 1539. onerous gift (ohn-a-rds or on-d-ras). A gift: made subject to certain conditions imposed on the recipient. pious gift. See charitable gift. prenuptial gift (pree-nap-shal). (1921) A gift ofproperty from one spouse to another before marriage. -In community-property states, prenuptial gifts are often made to preserve the property's classification as separate property. -Also termed antenuptial gift. [Cases: Husband and Wife (;::J250.] split gift. (1957) Tax. A gift that is made by one spouse to a third person and that, for gift-tax purposes, both spouses treat as being made one-half by each spouse; a gift in which the spouses combine their annual gift-tax exclusions . A split gift, for example, is eligible for two annual exclusions of$10,000 each, or a total of $20,000 for one gift. -Also termed gift splitting; gift-splitting election. See annual exclusion under EXCLUSION (1). [Cases: Internal Revenue 4206.10.] substitute gift. (1934) A testamentary gift to one person in place of another who is unable to take under the will for some reason. Also termed substitutional gift taxable gift. (1922) A gift that, after adjusting for the annual exclusion and applicable deductions, is subject to the federal unified transfer tax. IRC (26 USCA) 2503. [Cases: Internal Revenue (:::::4203.10, 4206.10.] testamentary gift (tes-ta-men-ta-ree or -tree). (18c) A gift made in a will. vested gift. (1820) An absolute gift, being neither con ditional nor contingent, though its use or enjoyment might not occur until sometime in the future. gift deed. See DEED. gift enterprise. (1858) 1. A scheme for the distribution of items by chance among those who have purchased shares in the scheme. [Cases: Lotteries (;::J3.] 2. A mer chant's scheme to increase sales without lowering prices by giving buyers tickets that carry a chance to win a prize. _ Gift enterprises are regulated by state law. See LOTTERY. gifting circle. See GIFTING CLUB. gifting club. A type ofpyramid scheme or Ponzi scheme in which recruits make "gifts" of money to other club members with the expectation that future recruits will make "gifts" to the present recruits. -Many gifting clubs limit membership to women. Club leaders usu. try to evade income-tax laws by claiming that the money paid in by a recruit is a tax-free "gift" to a club member and warning new recruits not to expect "gifts" in the future. Some states forbid gifting clubs as illegal pyramid schemes. Other states hold that the dubs are illegal lotteries. -Also termed gifting circle; sisterhood; birthday club. See PONZI SCHEME. [Cases: Antitrust and Trade Regulation gift inter vivos. See inter vivos gift under GIFT. gift in trust. See GIFT. gift over. See GIFT. gift splitting. See split gift under GIFT. gift-splitting election. See split g!ft under GIFT. Gifts to Minors Act. See UNIFORM TRANSFERS TO MINORS ACT. gift tax. See TAX. gift-tax exclusion. See annual exclusion under EXCLU SION. gilda mercatoria (gil-d;.) mar-k;.}-tor-ee-;.}). [Law Latin] Hist. A merchant guild; an incorporated society ofmer chants having exclusive trading rights within a town. gild hall. See GUILD HALL (1). GI loan. See veteran's loan under LOAN. gUour (gI-Iar). [Law French] Hist. A guiler; a person who cheats or deceives . Gilour referred to a person who sold false goods, such as a person who sold pewter as silver. 759 gilt-edged, adj. (Ofa security) having the highest rating for safety ofinvestment; exceptionally safe as an invest ment. Ginnie Mae (jin-ee may). See GOVERNMENT NATIONAL MORTGAGE ASSOCIATION. GIPSA. abbr. GRAIN INSPECTION, PACKERS, AND STOCK YARD ADMINISTRATION. girth (gJrth). [Old English] (13c) 1. A measure oflength, equal to a yard. This term, which was used in Saxon and early English law, was taken from the circumfer ence ofa man's body. 2. The area surrounding a church. 3. A place of sanctuary. 4. A band or strap that encir cles the body of an animal to fasten something (usu. a saddle) to its back. gisement 018-or jlz-m;:mt). [Law French] (16c) Archaic. See AGISTMENT. giser (jI-SJr), vb. [Law French] Hist. (Of an action) to lie; to be capable of being brought as a suit in court. 'This verb, in its inflected form gist, appeared in such phrases as ou assise ne gist point ("when an assise does not lie"), Ie action bien gist ("the action well lies"), and gist en Ie bouche ("it lies in the mouth"), and cest action gist ("this action lies"). gisetaker (jIS-or jIz-tay-br). Archaic. See AGISTER. gist (jist). (18c) 1. The ground or essence (of a legal action) <the gist ofthe crime>. 2. 1he main point <she skimmed the brief to get the gist of it>. This noun derives from the Law French verb giser "to lie." See GISER. gist-of-the-action doctrine. The principle that a plain tiff who brings a tort claim arising from a contractual relationship must show that the contract and any con tractual claim are collateral to the tort claim. -The doctrine prevents plaintiffs from recasting contract claims as tort claims. This term is most common in Pennsylvania but also appears in New Jersey, Delaware, the Virgin Islands, and elsewhere. [Cases: Action 27(1).) give, vb. (13c) 1. To voluntarily transfer (property) to another without compensation <Jack gave his daughter a car on her birthday>. 2. To confer by a formal act <the First Amendment gives all citizens the right to free speech>. 3. To present for another to consider <the witness gave compelling testimony before the jury>. 4. (Of a jury) to impose or award by verdict <the jury gave the defendant the death penalty> <the jury gave the plaintiffSl,OOO in damages>. give bail, vb. To post security for one's appearance in court <the court ordered the accused to give bail in the amount of$10,000>. -Also termed post bail. give color, vb. Hist. To admit, either expressly or impliedly by silence, that an opponent's allegations appear to be meritorious . In common-law pleading, a defendant's plea of confession and avoidance had to give color to the plaintiff's allegations in the complaint or the plea would be fatally defective. See COLOR (2). global fund give, devise, and bequeath, vb. (17c) To transfer property by will <I give, devise, and bequeath all the rest, residue, and remainder of my estate to my beloved daughter Sarah>. This wording has long been criticized as redundant. In modern usage, give ordinarily suffices. See BEQUEST. given name. See personal name under NAME. give way, vb. Maritime law. (Of a vessel) to deviate from a course, or to slow down, in accordance with navigation rules, so that a second vessel may pass without altering its course. [Cases: Collision e=.'29, 37.] giving in payment. Civil law. The act of discharging a debt by giving something to the creditor (with the cred itor's consent) other than what was originally called for. La. Civ. Code art. 2655. _ The phrase is a translation ofthe French dation en paiement and derives from the Roman datio in solutum. See DATION EN PAIEMENT. C ACCORD AND SATISFACTION. gladius (glay-dee-Js), n. [Latin "sword") Roman law. The emblem of the emperor's power, esp. the power to punish criminals. See JUS GLADlI. glaive (glayv). (14c) Hist. A sword, lance, or horseman's staff. The glaive was one of the weapons allowed in a trial by combat. glamour stock. See growth stock under STOCK. glass ceiling. (1984) An actual or supposed upper limit ofprofessional advancement, esp. for women, as a result of discriminatory practices. [Cases: Civil Rights 1164.] Glass-Steagall Act. A federal statute that protects bank depOSitors by restricting the securities-related business ofcommercial banks, specif. by prohibiting banks from owning brokerage firms or engaging in the brokerage business. 12 USCA 378. -Also termed Banking Act of1933. glebae ascriptitii. See ADSCRIPTl GLEBAE. glebe (gleeb). [fro Latin gleba "clod of earth") (15c) 1. Roman law. The soil of an inheritance; an agrarian estate. Servi addicti glebae ("slaves bound to the land") were serfs attached to and passing with the estate. 2. Eccles. law. Land possessed as part of the endowment or revenue ofa church or ecclesiastical benefice. "Diocesan glebe land forms the largest section of ecclesi astical conveyancing work by virtue of the large number of glebe properties which are held in each diocese. Such land is governed primarily by the Endowments and Glebe Measure 1976 ... ,which in technical terms defines 'glebe land' as 'land vested in the incumbent of a benefice (when the benefice is full) as part of the endowments of the benefice other than parsonage land'; and 'diocesan glebe land' as 'glebe land acquired by a diocesan board of finance under any provision of this Measure and any other land acquired by such a board, being land which by virtue of, or of any enactment amended by, a provision of this Measure is to be held as part of the diocesan glebe land of the diocese.'" David Rees, Ecclesiastical Conveyancing 8 (1989). global fund. See MUTUAL FUND. Globe election

Conveyancing 8 (1989). global fund. See MUTUAL FUND. Globe election. Labor law. The procedure by which a group ofemployees is given the opportunity to decide whether to be represented as a distinct group or to be represented as a part of a larger, existing unit. Globe Machine & Stamping Co., 3 NLRB 294 (1937). -Also termed self-determination election. glos (glos), n. [Latin] Roman law. One's husband's sister. gloss, n. (l6c) 1. A note inserted between the lines or in the margin of a text to explain a difficult or obscure word in the text <this edition ofShakespeare's works is bolstered by its many glosses on Elizabethan English>. 2. A collection ofexplanations; a glossary <the horn book's copious gloss>. 3. (usu. pl.) A pronouncement about meaning; an interpretation <the statutory language needs no gloss>. glossators (glah-say-t<lrz). (I5c) (usu. cap.) A group of Italian jurisconsults who, from the 11th to the 13th centuries, were primarily responsible for the revival of the study of Roman law. -They originally worked by glOSSing (that is, explaining in the margin) difficult or unclear passages, and gradually their writings blos somed into full-blown commentaries and discussions. See POSTGLOSSATORS. glossatorial, adj. Gloucester, Statute of (glos-tdr). Hist. A statute that allowed a successful plaintiff to recover costs in addition to damages. _ The statute was enacted in Gloucester. 6 Edw. I, ch. 1 (1278). glove silver. Hist. Money given as an incentive or reward to a court officer, esp. money given by a sheriff to an assize official when no prisoners were left by the assize for execution. _ The name derives from the practice of giving money to servants, ostensibly to buy gloves with. GMI. abbr. GUILTY BUT MENTALLY ILL. GMT. abbr. GENETIC-MARKER TEST. GNMA. abbr. GOVERNMENT NATIONAL MORTGAGE ASSO CIATION. GNP. abbr. GROSS NATIONAL PRODUCT. go bail, vb. Archaic. To act as a surety on a bail bond. Godbote. See BOTE (2). God-gild. Hist. Money paid or something offered for the service of God; esp., a payment of money or a gift (for example, land) to a church. See FRANKALMOIN. godparent. (1865) Eccles. law. A person, usu. a close family friend or relative, who accepts a parent's invita tion to assume part ofthe responsibility for the reli gious education ofa newly baptized child. -Often, too, there is an understanding that the godparent would help support and rear the child if the parents were to die or become incapacitated. The spiritual parent child relationship creates a canonical impediment to marriage. -Also termed (more specifically) god mother; godfather; (in eccles. law) sponsor. God's penny. Hist. Earnest money; a small sum paid on the striking ofa bargain. -Also termed denarius Dei; earnest-penny;godpenny. See ARRA. "It is among the merchants that the giving of earnest first ... becomes a form which binds both buyer and seller in a contract of sale. To all appearances this change was not accomplished without the intermediation of a reli gious idea. All over western Europe the earnest becomes known as the God's penny or Holy Ghost's penny (denarius Dei) .... " 2 Frederick Pollock &. Frederic W. Maitland, The History ofEnglish Law Before the Time ofEdward 1208 (2d ed.1899). go forward, vb. (1964) To commence or carryon with the presentation of a case in court <after the lunch recess, the judge instructed the plaintiff to go forward with its case>. go hence without day. (18c) (Of a defendant to a lawsuit) to be finished with legal proceedings without any further settings on the court's calendar. -Thus, a defendant who "goes hence without day" succeeds in getting a case finally resolved, usu. by dismissal. The phrase derives from the Law French phrase aller sans jour, and over time defendants came to use it to request that the case against them be dismissed without the necessity of a day in court. -Sometimes shortened to go without day; without day. See SINE DIE. going-and-coming rule. (1927) 1. 1he principle that torts committed by an employee while commuting to or from work are generally outside the scope ofemploy ment. [Cases: Labor and Employment (;:::>3045.) 2. The principle that denies workers'-compensation benefits to an employee injured while commuting to or from work. ef. COMMERCIAL-TRAVELER RULE. [Cases: Workers' Compensation (;:::>7l9-757.] going concern. (1881) A commercial enterprise actively engaging in business with the expectation ofindefinite continuance. -Also termed going business. going-concern value. See VALUE (2). going price, n. (I8c) The prevailing or current market value ofsomething. Seefair market value under VALUE (2). going private. The process of changing a public cor poration into a close corporation by terminating the corporation's status with the SEC as a publicly held corporation and by having its outstanding publicly held shares acquired by a single shareholder or a small group. [Cases: Securities Regulation C::~'60.23.1 gOing-private transaction. See FREEZE OUT. going public. The process of a company's selling stock to the investing public for the first time (after filing a registration statement under applicable securities laws), thereby becoming a public corporation. [Cases: Securi ties Regulation G~)11.10-11.14.] going through the bar. Hist. A daily process in which the court would ask all barristers present whether they had motions to present. _ Ihis practice, which ended in 1873, was conducted according to seniority, except for the last day of a term, when the junior barristers were asked first. 761 going to the country. Hist. The act of requesting a jury trial. - A defendant was said to be "going to the country" by concluding a pleading with the phrase "and of this he puts himself upon the country." Simi larly, a plaintiff would conclude a pleading with the phrase "and this the plaintiff prays may be enquired of by the country." Also termed go to the country. Cf. CONCLt;SION TO THE COUNTRY. going value. See going-concern value under VALUE (2). going witness. See WITNESS. gold bond. See BOND (3). gold certificate. Hist. A bank note issued by the United States Treasury from 1863 to 1934 and redeemable in gold. _ When'the United States abandoned the gold standard in 1933, Congress declared ownership of gold certificates illegal even though the Treasury con tinued to issue them until mid-1934. The certificates were legalized again in 1964, but they can no longer be redeemed for gold. They now have the same status as Federal Reserve notes, which are not redeemable for precious metal. Cf. FEDERAL RESERVE NOTE; SILVER CERTIFICATE. [Cases: United States (;::::>34.] gold clause. A provision calling for payment in gold. Gold clauses, which are now void, were once used in contracts, bonds, and mortgages. golden handcuffs. Remuneration set at such a high level that the employee earning it cannot leave the firm or company and receive commensurate pay elsewhere. -As a result, the employee often stays in the position even if it is otherwise unrewarding or unpleasant. golden handshake. Corporations. A generous compensa tion package offered to an employee, usu. as an induce ment to retire or upon dismissal. golden parachute. (1981) Corporations. An employ ment-contract provision that grants an upper-level executive lucrative severance benefits -including long-term salary guarantees or bonuses -if control ofthe company changes hands (as by a merger). Cf. TIN PARACHUTE. [Cases: Corporations (;::::>308(3).] "Key executives may be provided with significant employ ment contract clauses that are triggered only by a change in the firm's control through a sale, merger, acquiSition, or takeover. These contract clauses are commonly termed golden parachutes. and they generally provide that if control over the employer's business occurs and the new management terminates the executive. additional compen sation will be received .... Golden parachutes are useful in providing longterm incentives for executives to enter industries in which takeover chances are above average. Generally, golden parachutes do not violate public policy." Kurt H. Decker & H. Thomas Felix II, Drafting and Revising Employment Contracts 3.33, at 84 (1991). golden rule. The principle that, in construing written instruments, a court should adhere to the grammatical and ordinary sense ofthe words unless that adherence would lead to some manifest absurdity; esp., in statu tory construction, the principle that ifa statute's literal meaning would lead to an absurd or unjust result, or even to an inconsistency within the statute itself, the statute should be interpreted in a way that avoids such I i i good delivery a result or inconsistency. -Also termed Baron Parke's rule. Cf. ABSURDITY; MISCHIEF RULE; PLAIN-MEANING RULE; EQUITY-OF-THE-STATUTE RULE. [Cases: Statutes (;::::> 181(2), 189.] "[Tlhe 'golden' rule ... allows for a departure from the literal rule when the application of the statutory words in the ordinary sense would be repugnant to or inconsistent with some other provision in the statute or even when it would lead to what the court considers to be an absurdity. The usual consequence of applying the golden rule is that words which are in the statute are ignored or words which are not there are read in. The scope of the golden rule is debatable, particularly so far as the meaning of an 'absur dity' is concerned." Rupert Cross, Statutory Interpretation 14 (1976). golden-rule argument. A jury argument in which a lawyer asks the jurors to reach a verdict by imagining themselves or someone they care about in the place of the injured plaintiff or crime victim. _ Because golden rule arguments ask the jurors to become advocates for the plaintiff or victim and to ignore their obliga tion to exercise calm and reasonable judgment, these arguments are Widely condemned and are considered improper in most states. [Cases: Trial (;::::> 125(1).] goldsmiths' notes. Hist. Bankers' cash notes; promis sory notes given by bankers to customers as acknowl edgments of the receipt of money. -This term derives from the London banking business, which originally was transacted by goldsmiths. gold standard. (19c) A monetary system in which currency is convertible into its legal equivalent in gold or gold coin. -The United States adopted the gold standard in 1900 and abandoned it in 1934. Cf. PAPER STANDARD. good, adj. (bef. 12c) 1. Sound or reliable <a good invest ment>. 2. Valid, effectual, and enforceable; sufficient under the law <good title>. good, n. See GOODS. good and lawful fence. See LAWFUL FENCE. good and merchantable abstract oftitle. See ABSTRACT OF TITLE. good and valuable consideration. See valuable consid eration under CONSIDERATION (1). good and workmanlike. (18c) (Of a product or service) characterized by quality craftsmanship; constructed or performed in a skillful way or method <the house was built in a good and workmanlike manner>. good behavior. (16c) 1. A standard by which judges are considered fit to continue their tenure, consisting in the avoicance of criminal behavior. [Cases: Judges (;::::>7.] 2. Orderly conduct, which in the context of penal law allows a prisoner to reduce the time spent in prison. Cf. good time under TIME. [Cases: Prisons (;=='243.] good cause. See CAUSE (2). good cause shown. See good cause under CAUSE (2). good consideration. See CONSIDERATION (1). good deed. See DEED. good delivery. See DELIVERY. good faith, n. (lSc) A state of mind consisting in (1) honesty in belief or purpose, (2) faithfulness to one's duty or obligation, (3) observance of reasonable com mercial standards of fair dealing in a given trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage. -Also termed bona fides. Cf. BAD FAITH. good-faith, adj. 'The phrase 'good faith' is used in a variety of contexts, and its meaning varies somewhat with the context. Good faith performance or enforcement of a contract empha sizes faithfulness to an agreed common purpose and con sistency with thejustified expectations of the other party; it excludes a variety of types of conduct characterized as involving 'bad faith' because they violate community standards of decency, fairness or reasonableness. The appropriate remedy for a breach of the duty of good faith also varies with the circumstances." Restatement (Second) of Contracts 205 cmt. a (1979). "[Glood faith is an elusive idea, taking on different meanings and emphases as we move from one context to another -whether the

is an elusive idea, taking on different meanings and emphases as we move from one context to another -whether the particular context is supplied by the type of legal system (e.g., common law, civilian, or hybrid). the type of contract (e.g., commercial or consumer), or the nature of the subject matter of the contract (e.g., insur ance, employment, sale of goods, financial services, and so on)." Roger Brownsword et aI., "Good Faith in Contract," in Good Faith in Contract: Concept and Context 1, 3 (Roger Brownsword ed., 1999). good-faith bargaining. Labor law. Negotiations between an employer and a representative of employees, usu. a union, in which both parties meet and confer at reason able times with open minds and with a view to reaching an agreement. The National Labor Relations Act requires good-faith bargaining, and failure to bargain in good faith is considered an unfair labor practice. 29 USCA 151-169. See UNFAIR LABOR PRACTICE. [Cases: Labor and Employment C=:> 11 14.] good-faith exception. (1980) Criminal procedure. An exception to the exclUSionary rule whereby evidence obtained under a warrant later found to be invalid (esp. because it is not supported by probable cause) is none theless admissible if the police reasonably relied on the notion that the warrant was valid . The Supreme Court adopted the good-faith exception in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405 (1984). [Cases: Criminal Law C=,394.4(6).] good-faith improver. A person who makes improve ments to real property while actually and reasonably believing himself or herself to be the owner or lawful occupant. The improver may be entitled to recover the value ofthe improvements from the true owner or to remove them. See IMPROVEMENT. [Cases: Improve ments C=:>4(2).] good-faith margin. See MARGIN. good-faith purchaser. See bona fide purchaser under PURCHASER (1). good-guy clause. See good-guy guaranty under GUARANTY. good-guy guaranty, See GUARANTY. good health. Insurance. A state of reasonable healthi ness; a state ofhealth free from serious disease . Good health, a phrase often appearing in life-insurance policies, does not mean perfect health. Also termed sound health. [Cases: Insurance 3003(8).] "As used in poliCies of insurance, there is no material differ ence between the terms 'sound health' and 'good health,' and generally it appears that the two terms are consid ered to be synonymous. Such expressions are comparative terms, and the rule followed generally is that the term 'good health' or 'sound health,' when used in an insurance contract, means that the applicant has no grave, important, or serious disease, and is free from any ailment that serio ously affects the general soundness or healthfulness of his system." 43 Am.Jur. 2d Insurance 1061, at 1069 (1982). good jury. See special jury under TURY. good moral character, n. (18c) 1. A pattern of behavior that is consistent with the community's current ethical standards and that shows an absence of deceit or morally reprehensible conduct . An alien seeking to be naturalized must show good moral character in the five years preceding the petition for naturalization. [Cases: Aliens, Immigration, and Citizenship C=:>703.] 2. A pattern of behavior conforming to a profession'S ethical standards and showing an absence of moral tur pitude. Good moral character is usu. a requirement ofpersons applying to practice a profeSSion such as law or medicine. [Cases: Licenses C=:>20.] good offices. Int'llaw. The involvement of one or more countries or an international organization in a dispute between other countries with the aim of contributing to its settlement or at least easing relations between the disputing countries. good ofthe order. Parliamentary law. A time scheduled, usu. late in a meeting, for informal announcements, comments, and suggestions that do not seek the meet ing's immediate action. -Also termed general good and welfare; open forum; open microphone. Goodright. Rist. A name sometimes used as a fictitious plaintiff in an ejectment action . "John Doe" was used more frequently. -Also termed Goodtitle. Cf. JOHN DOE. goods. (bef. 12c) I. Tangible or movable personal property other than money; esp., articles of trade or items ofmerchandise <goods and services> . lhe sale of goods is governed by Article 2 of the UCC. [Cases: Sales 10.] 2. Things that have value, whether tangible or not <the importance ofsocial goods varies from society to society>. "'Goods' means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities, (Article 8), and things in action. 'Goods' also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (Section 2107)." UCC 2-lO5(1). bulky goods. Goods that are obviously difficult to move because of their nature, their number, or their location. capital goods. Goods (such as equipment and machin ery) used for the production of other goods or services. -Also termed industrial goods. 763 goodwill consumer goods. Goods bought or used primarily for personal, family, or household purposes, and not for resale or for producing other goods. UCC 9-102(23). [Cases: Secured Transactions C~l5.J customers' goods. Insurance. Goods belonging to the customers ofa casualty-insurance policyholder; goods held by a policyholder as a bailee. distressed goods. Goods sold at unusually low prices or at a loss. durable goods. Consumer goods that are designed to be used repeatedly over a long period, such as auto mobiles or refrigerators. -Also termed durables; hard goods. fungible goods (f;m-jd-b<ll). Goods that are interchange able with one another; goods that, by nature or trade usage, are the equivalent of any other like unit, such as coffee or grain. UCC l-201(b)(l8). future goods. Goods that will come into being, such as those yet to be manufactured; goods that are not both existing and identified. A purported present sale offuture goods or any interest in them operates as a contract to sell. UCC 2-105(2). gray-market goods. See PARALLEL IMPORTS. hard goods. See durable goods. household goods. Goods that are used in connection with a home . 111is term usu. arises when a ware houser claims a lien on what he or she asserts are "household" goods. According to the UCC, a ware houser may claim a lien on a depositor's furniture, furnishings, and personal effects that are used in a dwelling. "GCC 7-209(d). industrial goods. See capital goods. mobile goods. Goods that are normally used in more than one jurisdiction (such as shipping containers and road-construction machinery) and that are held by the debtor as equipment or leased by the debtor to others. Under previous drafts ofthe Uniform Com mercial Code, the procedure for perfecting a security interest in mobile goods was generally defined by the law of the state where the debtor is located. The current UCC does not distinguish mobile goods. See ordinary goods. DCC 9-103(3). nonconforming goods. Goods that fail to meet con tractual specifications, allowing the buyer to reject the tender ofthe goods or to revoke their acceptance. DCC 2-601, 2-608. See PERFECT-TENDER RULE. [Cases: Sales C:::> 119, 166(1).J ordinary goods. Goods that are anything other than mobile goods, minerals, or goods covered by a cer tificate oftitle. UCC 9-103(l)(a). The current UCC does not distinguish between ordinary and mobile goods. [Cases: Secured Transactions C=:::' 14.] prize goods. Goods captured at sea during wartime. soft goods. Consumer goods (such as clothing) that are not durable goods. Good Samaritan action.!. A deed performed gratu itously by a person to help another who is in peril. Also termed Good Samaritan act. See GOOD SAMARITAN DOCTRINE; GOOD SAMARITAN LAW. 2. A lawsuit brought by a person or group for the benefit of all or part of a community. Good Samaritan doctrine (s<l-mar-i-tdn). (l952) Torts. The principle that a person who is injured while attempting to aid another in imminent danger, and who then sues the one whose negligence created the danger, will not be charged with contributory negli gence unless the rescue attempt is an unreasonable one or the rescuer acts unreasonably in performing the attempted rescue. Cf. EMERGENCY DOCTRINE; RESCUE DOCTRINE; LOST-CHANCE DOCTRINE. [Cases: Negli gence C~510(3).J good-samaritan law. (l965) A statute that exempts from liability a person (such as an off-duty physician) who voluntarily renders aid to another in imminent danger but negligently causes injury while rendering the aid. Some form of good-samaritan legislation has been enacted in all 50 states and in the District ofColumbia. -Also written Good Samaritan law. Also termed good-samaritan statute. Cf. GOOD SAMARI TAN DOCTRINE. [Cases: Health C=:::'769; Negligence 284.] "The so-called 'Good Samaritan Statutes' ... do not require aid to be given. They merely encourage doctors to stop and give aid to strangers in emergency situations by pro viding that no physician who in good faith renders such aid shall be liable in civil damages as a result of acts or omissions in rendering such aid. Some states have enacted statutes that require a person who is able to do so with no danger or peril to himself to come to the aid of another who is exposed to grave physical harm." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 661 (3d ed. 1982), goods and chattels (chat-<Ilz), n. (16c) Loosely, personal property of any kind; occasionally, tangible personal property only. -Also termed goods and effects; goods and merchandise. good-soldier defense. An excuse theory based on the assertion that a defendant was following orders, esp. of a military or corporate superior. The term is a derisive label rather than a valid defense. Following an order does not relieve a defendant of responsibility for wrongful acts unless there are circumstances that would amount to coercion. good time. See TIME. good-time law. A statute allOWing a prisoner's sentence to be reduced by a stated number of days for each month or year ofgood behavior while incarcerated. Also termed good-time statute. good title. See TITLE (2). goodwill. (bef. 12c) A business's reputation, patronage, and other intangible assets that are considered when appraising the business, esp. for purchase; the ability to earn income in excess of the income that would be expected from the business viewed as a mere collection ofassets. Because an established business's trademark or servicemark is a symbol of goodwill, trademark goose case 764 infringement is a form oftheft: ofgoodwill. By the same token, when a trademark is assigned, the goodwill that it carries is also assigned. -Also written good will. Also termed enterprise goodwill; commercial goodwill; practice goodwill; economic goodwill. Cf. going-concern value under VALUE (2). [Cases: Good Will C;:)1, "[Goodwill] is only another name for reputation, credit, honesty, fair name, reliability." Harry D. Nims, The Law of Unfair Competition and Trade-Marks 36 (1929). "Good will is to be distinguished from that element of value referred to variously as going-concern value, gOing value, or going business. Although some courts have stated that the difference is merely technical and that it is unimportant to attempt to separate these intangibles, it is generally held that going-concern value is that which inheres in a plant of an established business." 38 Am. Jur. 2d Good Will 2, at 913 (1968). individual goodwill. See personal goodwill. personal goodwill. Goodwill attributable to an indi vidual's skills, knowledge, efforts, training, or reputa tion in making a business successful. Also termed professional goodwill; separate goodwill; individual goodwill. professional goodwill. See personal goodwill. separate goodwill. See personal goodwill. goose case. See WHITEHORSE CASE. goosehorn, n. Slang. A bawdy house; a house ofprostitu tion. See DISORDERLY HOUSE. gore (gor), n. (bef. 12c) 1. Hist. A small, narrow slip of land. 2. A small (often triangular) piece of land, such as may be left between surveys that do not close. 3. In some New England states (such as Maine and Vermont), a county's subdivision that has little population and thus is not organized as a town. Gothland sea laws. See LAWS OF VISBY. go to protest. (Ofcommercial paper) to be dishonored by nonpayment or nonacceptance <the draft: will go to protest>. See DISHONOR (1); PRO

onored by nonpayment or nonacceptance <the draft: will go to protest>. See DISHONOR (1); PROTEST (2). go to the country. See GOING TO THE COUNTRY. govern, vb. (l4c) (Of a precedent) to control a point in issue <the Smith case will govern the outcome of the appeal>. governing body. 1. GOVERNMENT (2). 2. A group of(esp. corporate) officers or persons having ultimate control <the board ofdirectors is the governing body ofXYZ, Inc.>. governing document. See DOCUMENT. government. (l4c) l. The structure of principles and rules determining how a state or organization is regu lated. 2. The sovereign power in a nation or state. 3. An organization through which a body ofpeople exercises political authority; the machinery by which sovereign power is expressed <the Canadian government> . In this sense, the term refers collectively to the political organs ofa country regardless oftheir function or level, and regardless ofthe subject matter they deal with. Cf. NATION; STATE. central government. See federal government (1). de facto government (di fak-toh). 1. A government that has taken over the regular government and exercises sovereignty over a nation. 2. An independent gov ernment established and exercised by a group of a country's inhabitants who have separated themselves from the parent state. -Also termed government de facto. de jure government. A functioning government that is legally established. -Also termed government de jure. federal government. 1. A national government that exercises some degree ofcontrol over smaller political units that have surrendered some degree ofpower in exchange for the right to participate in national politi cal matters. -Also termed (in federal states) central government. 2. The U.S. government. Also termed national government. [Cases: United States C=~1.] government de facto. See de facto government. government de jure. See de jure government. local government. The government of a particular locality, such as a city, county, or parish; a governing body at a lower level than the state government. The term includes a school district, fire district, trans portation authority, and any other special-purpose district or authority. Also termed municipal gov ernment. [Cases: Municipal Corporations C=6.] mixed government. A government containing a blend offorms, as in democracy and monarchy. municipal government. See local government. national government. 1. See NATIONAL GOVERNMENT. 2. Seefederal government (2). proprietary government. Hist. A government granted by the Crown to an individual, in the nature of a feudatory principality, with powers of legislation formerly belonging to the owner ofa county palatine. Cf. COUNTY PALATINE. provisional government. A government temporarily established to govern until a permanent one is orga nized to replace it. republican government. A government in the repub lican form; specif., a government by representatives chosen by the people. [Cases: States C::::>4.3.] state government. The government of a state of the United States. [Cases: States C::::> 1.] 4. The executive branch ofthe U.S. government. 5. lhe prosecutors in a given criminal case <the government has objected to the introduction of that evidence>. 6. An academic course devoted to the study of govern ment; political science <Bridges is enrolled in Govern ment 101>. government agency. See AGENCY (3). government-agency defense. Torts. An affirmative defense that immunizes a contractor from liability upon proof that the contractor acted on the govern ment's behalf as an agent or as a government officer. 165 government-in-exile -This defense is extremely limited because of the dif ficulty ofestablishing the government-agent relation ship. See Yearsley v. WA. Ross Constr. Co., 309 U.S. 18, 20-22,60 S. Ct. 413, 414-15 (1940). Cf. GOVERNMENT CONTRACTOR DEFENSE; CONTRACT-SPECIFICA nON DEFENSE. government-agency security. See government security under SECURITY. government agent. See AGENT (2). governmental act. See GOVERNMENTAL F1:NCTION. governmental activity. See GOVERNMENTAL FUNCTION. governmental employee benefit plan. See governmental plan under EMPLOYEE BENEFIT PLAN. governmental enterprise. See ENTERPRISE. governmental function. (1817) Torts. A government agency's conduct that is expressly or impliedly mandated or authorized by constitution, statute, or other law and that is carried out for the benefit of the general public. -Generally, a governmental entity is immune from tort liability for governmental acts. -Also termed governmental act; governmental activity. See PUBLIC FUNCTION TEST. Cf. PROPRIETARY FUNCTION. [Cases: Municipal Corporations (;:::>724.) "[A]ctivities of police or firefighters, though tortious, are usually considered governmental in the sense that they involve the kind of power expected of the government, even if its exercise in the specific case is wrongful. The city is immune as to such activities for this reason. On the other hand, if the city operates a local electric or water company for which fees are charged, this looks very much like private enterprise and is usually considered proprio etary.... The difficult distinction between governmental and proprietary functions is even more troubling where the city's conduct combines both kinds of function at once. For example, operation of a sanitary sewer may be deemed governmental, but operation of a storm sewer may be deemed proprietary." Prosser and Keeton on the Law of Torts 131, at 1053-54 (W. Page Keeton ed., 5th ed. 1984). governmental-function theory. (1936) Constitutional law. A principle by which private conduct is charac terized as state action, esp. for due-process and equal protection purposes, when a private party is exercising a public function. _ Under this theory, for example, a political party (which is a private entity) cannot exclude voters from primary elections on the basis of race. Also termed public-function rationale. [Cases: Civil Rights 1326(4,7); Constitutional Law C:::>213(4), 254(4).) governmental immunity. See sovereign immunity under IMMUNITY (1). governmental instrumentality. (1854) A constitution ally or legislatively created agency that is immune from certain kinds ofliability, as for taxes or punitive damages. [Cases: United States governmental-interest-analysis technique. See INTER EST-ANALYSIS TECH:-IIQUE. governmental plan. See EMPLOYEE BENEFIT PLAN. governmental secret. See STATE SECRET. governmental trust. See TRUST. governmental unit. A subdivision, agency, department, county, parish, municipality, or other unit of the gov ernment of a countrv or a state . The term includes an organization with a'separate corporate existence only if the organization can legally issue debt obligations on which interest is exempt from income taxation under national law. UCC 9-102(a)(45). [Cases: Municipal Corporations C:::>6.) government-annuity society. Hist. One ofseveral orga nizations formed in England to enable the working class to provide for themselves by purchasing, on advantageous terms, a government annuity for life or for a term ofyears. government bond. 1. See savings bond under BOND (3). 2. See government security under SECURITY. government contract. See CONTRACT. government-contractor defense. An affirmative defense that immunizes a government contractor from civil liability under state law when the contractor complies with government specifications. -Immunization is extended when two conditions are satisfied: (1) the supplier warned the government about any dangers presented by the goods about which the supplier had knowledge but the government did not, and (2) the government itself is immune from liability under the Feres doctrine. Essentially, this federal common-law defense, which has been applied in cases ofnegligence, strict liability, and breach ofwarranty, extends sover eign immunity over the contractor. The leading case on this defense is Boyle v. United Techs. Corp., 487 U.S. 500, 108 S.Ct. 2510 (1988). Also termed Boyle defense; government-contract defense; government contract-specification defense; (in military context) military-contractor defense. See FERES DOCTRINE. Cf. GOVERNMENT-AGENCY DEFENSE. [Cases: Aviation 13; Products Liability government-contract-specification defense. See GOV ERNMENT-COKTRACTOR DEFENSE. government-controlled corporation. See quasi-govern mental agency under AGENCY (3). government corporation. See public corporation (3) under CORPORATION. government de facto. See de facto government under GOVERNMENT. government de jure. See de jure government under GOV ERNMENT. government enterprise. See governmental enterprise under ENTERPRISE. government immunity. See sovereign immunity under IMMUNITY (1). government-in-exile. An individual or group of indi viduals residing in a foreign country while (1) claiming supreme authority over a country, (2) being recognized by the hosting country as the supreme authority over that other country, and (3) being organized to perform 766 government insurance and actually performing some acts of state on behalf of the home country. government insurance. See INSURANCE. government land. See public land under LAND. Government National Mortgage Association. A fed erally owned corporation in the U.S. Department of Housing and Urban Development responsible for guaranteeing mortgage-backed securities composed of FHA-insured or VA-guaranteed mortgage loans . The Association purchases, on the secondary market, residential mortgages originated by local lenders; it then issues federally insured securities backed by these mortgages. -Abbr. GNMA. Also termed Ginnie Mae. [Cases: United States ~53(9).] government oflaws. The doctrine that government must operate according to established, consistent legal prin ciples and not according to the interests of those who happen to be in power at a given time; esp., the doctrine that judicial decisions must be based on the law, regard less ofthe character of the litigants or the personal pre dilections ofthe judge. government plan. See governmental plan under EM PLOYEE BENEFIT PLAN. Government Printing Office. An office in the legisla tive branch of the federal government responsible for printing and distributing congressional publications and publications ofother agencies ofthe United States government. The Office is supervised by the Congres sional Joint Committee on Printing. It began operating in 1860. Abbr. GPO. government secret. See STATE SECRET. government-securities interdealer broker. See BROKER. government security. See SECURITY. government survey. See SURVEY. government-survey system. A land-description method that divides the United States into checks or tracts of ground, which are further broken down into smaller descriptions, such as metes and bounds. government tort. See TORT. governor. (14c) The chief executive official of a U.S. state . Governors are elected and usu. serve a two-or four year term. [Cases: States go without day. See GO HENCE WITHOUT DAY. GPARM. See graduated-payment adjustable-rate mortgage under MORTGAGE. GPO. abbr. GOVERNMENT PRINTING OFFICE. grab law. (1884) The various means of debt collection involving remedies outside the scope of federal bank ruptcy law, such as attachment and garnishment; aggressive collection practices. [Cases: Attachment ~ 1; Garnishment ~1.] grace period. (1945) 1. A period of extra time allowed for taking some required action (such as making payment) without incurring the usual penalty for being late . Insurance policies typically provide for a grace period of 30 days beyond the premium's due date, during which the premium may be paid without the policy being canceled. And Article 9 of the UCC provides for a lO-day grace period, after the collateral is received, during which a purchase-money security interest must be perfected to have priority over any conflicting security interests. -Also termed days ofgrace; grace days. 2. Patents. The one-year interval allowed by the U.S. Patent Act between the time an invention is used in public, sold, offered for sale, or disclosed in a publi cation and the time the inventor applies for a patent . Most countries follow the doctrine of absolute priority and do not allow a grace period. Sometimes short ened to grace. Cf. STATUTORY BAR; absolute novelty under NOVELTY. gradatim (gr<l-day-t<lm), adv. (16c) [Latin] Roman law. Gradually; by successive degrees of relationship . Gradatim refers to the step-by-step admission of succes sors when there is no heir next in line. See GRADUS. grade, n. Criminal law. An incremental step in the scale of punishments for offenses, based on a particular offense's seriousness <several grades of murder>. See DEGREE (2). graded offense. See OFFENSE (1). grading. The fixing of a criminal offense at a level of seriousness, such as first degree, second degree,

1). grading. The fixing of a criminal offense at a level of seriousness, such as first degree, second degree, or third degree (in reference to a felony), or Class A, Class B, or Class C (in reference to a misdemeanor). See DEGREE OF CRIME. [Cases: Criminal Law gradual method. An intestate-inheritance scheme that gives priority to relatives who are nearest in degree of consanguinity . This method dates back to the English Statute ofDistributions (1670). Cf. PARENTELIC METHOD; UNIVERSAL INHERITANCE RULE. graduated lease. See LEASE. graduated mortgage. See graduated-payment mortgage under MORTGAGE. graduated-payment adjustable-rate mortgage. See MORTGAGE. graduated-payment mortgage. See MORTGAGE. graduated tax. See TAX. gradus (gray-d<:ls), n. [Latin "step"]l. Roman law. A step or degree in the familial relationship . The term iden tified a position in the order ofsuccession under a will. 2. Hist. A degree, rank, or grade; specif., the rank of a master-in-chancery or a serjeant-at-law. graffer (graf-<lr). (15c) Hist. A notary or scrivener. Also termed graffarius. graffium (graf-ee-<lm). Hist. A register or cartulary of deeds and other documents establishing title to property, esp. real property. Also spelled grafium. grafio (gray-fee-oh). [Law Latin] Hist. 1. A baron; a viscount. A grafio was inferior to a count. 2. A fiscal judge, responsible for collecting taxes and fines. The term was chiefly used among early European nations. graft, n. (14c) 1. The act of using a position of trust to gain money or property dishonestly; esp., a public offi cial's fraudulent acquisition of public funds. 2. Money or property gained illegally or unfairly. Graham factors. (1966) Patents. A three-part test for determining obviousness under 103 of the Patent Act of 1952, looking at (1) the scope and content ofthe prior art, (2) the differences between the prior art and the patent claims, and (3) the level of ordinary skill in the pertinent art. Graham v. John Deere Co. ofKansas City, 383 U.S. 1, 86 S.Ct. 684 (1966). See NONOBVIOUS NESS. [Cases: Patents C-;:J 16.] Grain Inspection, Packers, and Stockyards Admin istration. An agency in the U.S. Department of Agri culture responsible for helping to market meat, cereals, and related agricultural products, and for promoting fair trade practices. -Abbr. GIPSA. grain rent. See crop rent under RENT (1). grammatical interpretation. See INTERPRETATION. granage. (16c) Hist. A duty consisting ofone-twentieth of the salt imported by an alien into London. granatarius (gran-o-tair-ee-os). [Law Latin] Hist. An officer in charge of a granary, esp. one in charge of a religious house's granary. grand, adj. (17c) Of or relating to a crime involving the theft of money or property valued more than a statuto rily established amount, and therefore considered more serious than those involving a lesser amount <grand theft>. See grand larceny under LARCENY. Cf. PETTY. [Cases: Larceny (;:::;>23.] grand assize. See ASSIZE (5). grand bill of sale. See BILL (7). grand cape. See cape magnum under CAPE. grand coutumier de pays et duche de Normandie (gron koo-t[y]oo-myay do pay ay da-shay do nor-man-dee). [French] Hist. A collection of the common or custom ary laws of the Duchy of Normandy. The code was probably compiled in the 13th century, and it still remains the law of Jersey, except to the extent that it has been modified by later legislation and judicial deci sions. See CLAMEUR DE HARO. Grand Day. English law. 1. Hist. One of four holy days on which the courts were not in session . Each of the four court terms had a Grand Day. The four Grand Days were Candlemas Day (February Ascension Day (March 25), St. John the Baptist Day (June 24), and All Saints' Day (November 1). The Inns of Court and of Chancery ceremoniously observed each Grand Day. 2. A day in each term on which the Benchers ofthe Inns of Court host ceremonial dinners in their halls. See BENCHER. Cf. TERM (6). grand distress. See DISTRESS. grandfather, vb. (1953) To cover (a person) with the benefits of a grandfather clause <the statute sets the drinking age at 21 but grandfathers those who are 18 or older on the statute's effective date>. grandfather clause. (1900) 1. Hist. A clause in the con stitutions of some Southern states exempting from suffrage restrictions the descendants of men who could vote before the Civil War . The U.S. Supreme Court held that a clause of this kind in the Oklahoma Consti tution violated the 15th Amendment. Guinn v. United States, 238 U.S. 347, 35 S.Ct. 926 (1915). 2. A provi sion that creates an exemption from the law's effect for something that existed before the law's effective date; specif., a statutory or regulatory clause that exempts a class of persons or transactions because of circum stances existing before the new rule or regulation takes effect. [Cases: Statutes C-=228.] 3. In a government contract, a provision that immunizes the contractor against any changes in federal law that would other wise adversely affect the contract. For example, the government may promise to cover any increased costs that arise from a change in the law, even though the contractor would bear them for any other reason. 4. In a construction contract, a general and inclusive provi sian that makes a party responsible for dealing with risks, whether expected or unexpected. grand inquest. See INQUEST. i grand juror. See JUROR. I grand jury. (15c) A body of (usu. 16 to 23) people who are chosen to sit permanently for at least a month and sometimes a year and who, in ex parte proceed ings, decide whether to issue indictments. See Fed. R. Crim. P. 6. Ifthe grand jury decides that evidence is strong enough to hold a suspect for trial, it returns a bill ofindictment (a true bill) charging the suspect with a specific crime. Also termed accusing jury; present ing jury; jury ofindictment. Cf. petit jury under JURY. [Cases: Grand Jury "The grand jury serves or may serve two distinct func tions. One is a screening function; the grand jury evalu ates evidence supporting possible charges and returns an indictment only in those cases in which the evidence amounts to at least probable cause. The other is an investi gatorial function; the grand jury sometimes develops infor mation that is of value in determining whether grounds for a charge exist and --perhaps incidentally --in proving that charge at the defendant's later criminal trial." Frank W. Miller et aI., Cases and Materials on Criminal justice Administration 546 (3d ed. 1986). additional grandjury. See special grand jury. investigative grand jury. (1960) A grand jury whose primary function is to examine possible crimes and develop evidence not currently available to the pros ecution. Also termed investigatory grand jury. runaway grand jury. (1959) A grand jury that acts essentially in opposition to the prosecution, as by calling its own witnesses, perversely failing to return an indictment that the prosecution has requested, or returning an indictment that the prosecution did not request. screening grand jury. (1990) A grand jury whose primary function is to decide whether to issue an indictment. special grand jury. (1854) A grand jury specially summoned, usu. when the regular grand jury either has already been discharged or has not been drawn; a grand jury with limited authority. Also termed additional grand jury; extraordinary grand jury. [Cases; Grand Jury C=> 10.] Grand Jury Clause. (1949) The clause of the Fifth Amendment to the U.S. Constitution requiring an indictment by a grand jury before a person can be tried for serious offenses. [Cases; Grand JuryC=:::>2.] grand-jury witness. See WITNESS. grand larceny. See LARCENY. grand list. See ASSESSMENT ROLL. grandparent application. See PATENT APPLICATION. grandparent rights. A grandfather's or grandmoth er's rights in seeking visitation with a grandchild. By statute in most states, in certain circumstances a grandparent may seek court-ordered visitation with a grandchild. Typically these circumstances include the death of the grandparents' child (the child's parent) and the divorce ofthe child's parents. But the United States Supreme Court has held that the primary, constitution ally protected right of decision-making regarding asso ciation with a child lies with the child's parents. As a general rule, ifthe parent is a fit and proper guardian and objects to visitation, the parent's will prevails. Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054 (2000). [Cases; Child CustodyC=>283.] grandparent visitation. See VISITATION. Grand Remonstrance (ri-mon-strants). Hist. A protest document issued by the House of Commons in 1641, setting forth numerous political grievances against Charles 1. _ The document demanded three primary remedial measures; (1) improvements in the adminis tration of justice, (2) appointment oftrustworthy min isters, and (3) enforcement of the laws against Roman Catholics. It was the first major split between the Royalist and Parliamentary parties, and it led Charles to seek the arrest of the five members who pushed the document through the Commons. grand serjeanty. See SERJEANTY. Grand Survey. See grand inquest (2) under INQUEST. grange (graynj). (14c) 1. Hist. A farm furnished with all the necessities for husbandry, such as a barn, granary, and stables; esp., an outlying farm that belonged to a religious establishment or a feudal lord. 2. (cap.) A social, educational, and political organization, formally called the National Grange of the Patrons of Husbandry, that informs its members about agricul ture-related legislation and proposals, and represents farm interests in lobbying government. -The Grange was formed in 1867 and soon became the foundation of the Granger Movement, a 19th-century political force that protested economic abuses that increased farmers' costs while forcing down prices for agricul tural products. Movement followers (called Grangers) controlled several Midwest state legislatures and passed Granger laws that set maximum rates for railroads, warehouses, and grain elevators. Railroads and other interested parties challenged the constitutionality of these laws in what have become known as the Granger Cases. Granger Cases (grayn-jar). Six U.S. Supreme Court deci sions holding that the police power of the states enabled them, through legislation, to regulate fees charged by common carriers, warehouses, and grain elevators. The cases, decided in 1876, arose out of grangers' (Le., farmers') frustration with the inflated prices they were paying to store and transport their agricultural products. When several state legislatures passed laws regulating those prices, the affected businesses sued to have the laws overturned on grounds that they violated the Commerce Clause and the Due Process Clause of the 14th Amendment. The Court rejected these claims, holding that the activities involved affected the public interest and were therefore subject to the government's regulatory authority. See GRANGE (2). Granger Movement. See GRANGE (2). grant, n. (13c) 1. An agreement that creates a right or interest in favor of a person or that effects a transfer of a right or interest from one person to another. Examples include leases, easements, charges, patents, franchises, powers, and licenses. 2. The formal transfer of real property. [Cases; Deeds 3. 'Ihe document by which a transfer is effected; esp., DEED. 4. The property or property right so transferred. community grant. A grant of real property made by a government (or sometimes by an individual) for communal use, to be held in common with no right to sell. - A community grant may set out specific, communal uses for the property, such as for grazing animals or maintaining a playground. Cf. private grant. [Cases: Public Lands C=>223(4).] escheat grant. A government's grant of escheated land to a new owner. Also termed escheat patent. [Cases; Escheat (;::::>8(1).] imperfect grant. 1. A grant that requires the grantor to do something before the title passes to another. Cf. perfect grant. 2. A grant that does not convey all rights and complete title against both private persons and government, so that the granting person or political authority may later disavow the grant. See Paschal v. Perex, 7 Tex. 368 (1851). inclusive grant. A deed or grant that describes the boundaries ofthe land conveyed and excepts certain parcels within those boundaries from the convey ance, usu. because those parcels ofland are owned or claimed by others. Also termed inclusive deed. office

ance, usu. because those parcels ofland are owned or claimed by others. Also termed inclusive deed. office grant. A grant made by a legal officer because the owner is either unwilling or unable to execute a deed to pass title, as in the case ofa tax deed. See tax deed under DEED. perfect grant. A grant for which the grantor has done everything reqUired to pass a complete title, and the 769 grantee has done everything required to receive and enjoy the property in fee. Cf. imperfect grant (1). private grant. A grant ofreal property made to an indi vidual for his or her private use, including the right to sell it. -Private grants made by a government are often found in the chains of title for land outside the original 13 states, esp. in former Spanish and Mexican possessions. Cf. community grant. 5. SUBSIDY (1). grant, vb. (13c) 1. To give or confer (something), with or without compensation <the parents granted the car to their daughter on her 16th birthday>. 2. To formally transter (real property) by deed or other writing <the Lewisons granted the townhouse to the Bufords>. [Cases: Deeds C=>3.] 3. To permit or agree to <the press secretary granted the reporter access to the Oval Office>. 4. To approve, warrant, or order (a request, motion, etc.) <the court granted the continuance>. 5. Int'llaw. See SUBSIDY (3). grantback, n. (1956) A license-agreement provision requiring the licensee to assign or license back to the licensor any improvements that the licensee might make to a patent or other proprietary right. [Cases: Patents (:=213.] grant deed. See DEED. grantee. (lSc) One to whom property is conveyed. grantee-grantor index. See INDEX (1). grant-in-aid. (19c) 1. A sum ofmoney given by a govern mental agency to a person or institution for a specific purpose; esp., federal funding for a state public program. [Cases: United States (::-=>82(2).)2. Hist. AID (1). granting clause. (l8c) The words that transfer an interest in a deed or other instrument, esp. an oil-and-gas lease. -In an oil-and-gas lease, the granting clause typically specifies the rights transferred, the uses permitted, and the substances covered by the lease. [Cases: Deeds (:=> 28-37; Mines and Minerals C~73, 73.1.) grant of rights. Copyright. A copyright owner's pre publication assignment to the publisher ofall rights in exchange for a payment or an advance on royalties. grantor. (I7c) 1. One who conveys property to another. [Cases: Deeds 30.] 2. SETTLOR (1). grantor-grantee index. See INDEX (1). grantor-retained annuity trust. See TRUST. grantor-retained income trust. See TRUST. grantor-retained unitrust. See TRUST. grantor's lien. See vendor's lien under LIE~. grantor trust. See TRUST. grant to uses. Hist. A conveyance oflegal title to real property to one person for the benefit of another. If, tor example, A conveyed land to B and his heirs to the use of C and his heirs, B - the feoffee to uses acquired seisin in and had possession of the land and was considered the legal owner. C the cestui que use -was considered the equitable owner ofthe land gratuitous consideration and was entitled to the land's rents, profits, and benefits. Because the cestui que use did not have seisin in the land, he was not subject to feudal payments. From the 13th century torward, the grant to uses was an increas ingly popular mode of conveyance. See CESTUI QUE USE; STATUTE OF USES; USE (4). grass hearth. Hist. A tenant's customary service, consist ing of the tenant's bringing his plow to the lord's land and plowing it for one day. grassum (gras-;ml). [Law Latin) 1. Scots law. A Single lease payment made in addition to the periodic payments due under an agreement; a payment in addition to the rent paid by a tenant to the landlord. PI. grassums. "Grassum; an anticipation of rent in a gross or lump sum .... In questions with singular successors there is no limitation of the power to take grassums, only the rent must not be thereby diminished so as to be altogether elusory. In regard, however, to lands under entail, the heir in possession must administer the estate secundum bonum et aequum, taking no more of the annually accruing rents and profits than he leaves to descend to his successors. Hence, grassums, as being. in effect, anticipations of the future rents, to the prejudice of succeeding heirs, are held to be struck at by the prohibition against alienation." William Bell, Bell's Dictionary and Digest of the Laws of Scotland 492 (George Watson ed., 7th ed. 1890). 2. GRESSUME. 3. GERSUM (1). 4. GERSUM (2). GRAT. abbr. GRANTOR-RETAINED ANNUITY TRUST. gratia curiae (gray-shee-<:l kyoor-ee-ee or -I). [Latin) Favor ofthe court. Cf. RIGOR JURIS. gratia mandatarii (gray-shee-a man-da-tair-ee-I). [Latin) Hist. For the sake of the mandatary. -The phrase appeared in reference to the irrevocability of a mandate given solely for the mandatary's benefit. "Gratia mandatarii. .. In the general case, a mandate, being for the benefit of the mandant, may be recalled by him at pleasure. Mandates, however, which are granted solely for the sake (or advantage) of the mandatary, such as the mandate contained in the registration clause of a deed, whereby the granter gives authority for its registration, are not revocable." John Trayner, Trayner's Latin Maxims 237 (4th ed. 1894). gratification. (16c) Archaic. A voluntarily given reward or recompense for a service or benefit; a gratuity. gratis (grat-is or gray-tis), adj. Free; without compen sation. gratis dictum. See DICTUM. gratuitous (gra-t[y]oo-a-tds), adj. (17c) 1. Done or per formed without obligation to do so; given without consideration in circumstances that do not otherwise impose a duty <gratuitous promise>. Cf. ONEROUS (3). 2. Done unnecessarily <gratuitous obscenities>. gratuity, n. gratuitous allowance. See ALLOWANCE (1). gratuitous assignee. See ASSIGNEE. gratuitous assignment. See ASSIGNMENT (2). gratuitous bailment. See BAILMENT. gratuitous consideration. See CONSIDERATION (1). gratuitous coutract. See CONTRACT. gratuitous deed. See deed ofgift under DEED. gratuitous deposit.!. See gratuitous bailment under BAILMENT. 2. See DEPOSIT (5). gratuitous gift. See GIFT. gratuitous promise. See PROMISE. gratuitous surety. See SURETY. gratuitous trust. See donative trust under TRUST. gratuity. See BOUNTY. gravameu (gr<l-vay-m;m). (17c) The substantial point Or essence of a claim, grievance, or complaint. gravatio (grd-vay-shee-oh). [Law Latin] Hist. An accusa tion or impeachment. graveyard insurance. See wager policy under INSURAJS'CE POLICY. gravity. (16c) Seriousness of harm, an offense, etc., as judged from an objective, legal standpoint. graymail. (1978) A criminal defendant's threat to reveal classified information during the trial in the hope of forcing the government to drop the criminal charge. Cf. BLACKMAIL (1); GREENMAIL (1), (2); FEEMAIL. gray market. See MARKET. gray-market adoption. See private adoption under ADOPTION. gray-market goods. See PARALLEL IMPORTS. gray mule case. See WHITEHORSE CASE. Greaser Law. Hist. Slang. An anti-vagrancy statute that gave law-enforcement authorities broad discretion to arrest, fine, and jail people of Hispanic appearance who had no visible means of support. _ 'Ibis statute was enacted in California in 1855 and repealed in the mid-20th century. The term greaser is racially deroga tory, -Also termed Greaser Act. great bodily injury. See serious bodily injury under INJURY. great care. See CARE. great diligence. See DILIGENCE. great fee. See FEE (2). Great Inquest. See grand inquest (2) under INQlJEST. Great Lakes rule. Maritime law. The statutory provision that an admiralty litigant is entitled to a jury trial in a contract or tort action if the lawsuit arises from the operation ofa commercial vessel on the Great Lakes or the naVigable waters connecting them. See 28 USCA 1873. [Cases: Admiralty (;::::>80.] "The most important distinction between the law and admi ralty 'sides' of federal court is that trial by jury is guaran teed for law claims through the Seventh Amendment, but where the case is maintained as an admiralty claim the litigant has neither constitutional nor statutory right to a jury trial. The one exception is the 'Creat Lakes Rule' ...." Frank L Maraist & Thomas C. Calligan Jr., Admiralty in a Nutshell 358 (4th ed. 2001). Great Law, The. Hist. The first code of laws enacted in Pennsylvania . The Great Law was passed in 1682 by an assembly that had been called by William Penn. great pond. A body of water larger than ten acres, and thus subject to public ownership. _ This term applies in Maine, New Hampshire, and Massachusetts. -Also termed public pond. [Cases: Waters and Water Courses (;::::> 113.] Great Rolls ofthe Exchequer. See PIPE ROLLS. great seal. See SEAL. Great Survey. See grand inquest (2) under INQUEST. great tithe. See TITHE. Great Waters Program. A scheme created by Congress in 1990 to make the Environmental Protection Agency more directly responsible for protecting large bodies of fresh water and coastal waters from environmental harm caused by air pollution. Clean Air Act Amend ments of 1990,42 USCA 7412(m). Great Writ. See HABEAS CORPUS. gree (gree), n. [Law French] (13c) Hist. A satisfaction received by a party for an offense or injury against the party. See SATISFACTION (1). "Cree comes of the French word gree, good liking: and it signifies in our law, contentment or satisfaction; as in the statute of 1 R. 2, c. 15, to make gree to the parties is to give them contentment or satisfaction for an offence done unto them." Termes de Ja Ley 247 (1 st Am. ed. 1812). greenback, tl. (ca. 1862) Slang. A legal-tender note of the United States; any note issued by a federal reserve bank. The term was coined in 1862 when the backs of American paper currency were first printed in green ink. green card. (1969) A registration card evidencing a resident alien's status as a permanent U.S. resident. green-card marriage. See MARRIAGE (1). Green Cloth. See BOARD OF GREEN CLOTH. greenfield site. (ca. 1962) 1. Land that has never been developed. Such land is presumably uncontami nated. Cf. BROWNFIELD SITE. 2. Property acquired as an investment, esp. for establishing a new business. green goods. Slang. Counterfeit money. greenmail. (1983) 1. The act or practice of buying enough stock in a company to threaten a hostile takeover and then selling the stock back to the corporation at an inflated price. 2. The money paid for stock in the corporation's buyback. Cf. BLACKMAIL (1); FEEMAIL; GRAYMAIL. 3. A shareholder's act offiling or threaten ing to file a derivative action and then seeking a dis proportionate settlement. Green Paper on Copyright and the Challenge ofTech nology. Copyright. A 1988 European Commission pub lication that laid out a plan to harmonize the copyright laws ofmember nations, esp.laws relating to informa tion technology. -The Green Paper was tollowed by a series ofdirectives that mandated uniform policies 771 gross profit regarding copyright and new technologies. -Usu. shortened to Green Paper. Green River ordinance. A local licensing law that protects residents from unwanted peddlers and sales persons, typically by prohibiting door-to-door solicita tions without prior consent . The ordinance takes its name from Green River, Wyoming, which enacted the first such law in the early 20th century before others came into vogue during the 19308 and 19405 through out the United States. [Cases: Hawkers and Peddlers green wax. (pl.) llist. An Exchequer order (an estreat) directing a sheriff to collect the fines and amercements listed in the order. _ The name derives from the color ofthe wax the Ex

the fines and amercements listed in the order. _ The name derives from the color ofthe wax the Exchequer used on the estreat to certify its authenticity. See ESTREAT. greffier (gref-ee-;lr or gref-yay), n. [Law French] (l6c) Hist. A registrar, esp. of a court; the court record keeper. Gregorian calendar. See NEW STYLE. Gregorian Code. See CODEX GREGORIAN US. gremio juris, in. See IN GREMIO JURIS. gremio legis, in. See IN GREMIO LEGIS. Grenville Act. Hist. A statute that transferred jurisdic tion over parliamentary election petitions from the whole House of Commons to select committees. The Act, sponsored by George Grenville, was passed in 1770. It was deSigned to depoliticize the resolution ofdisputed elections, and repealed in 1828 when it was superseded by statutes that conferred jurisdiction over election disputes on the courts. G reorganization. See REORGANIZATION (2). Gresham's law. (l9c) The principle a debased currency will drive out valuable currency . 'Ibis economic prin ciple is popularly attributed to Sir Thomas Gresham (1519-] 579), even though earlier writers such as Oresme and Copernicus discussed it. gressume (gres-;lm). Hist. A fine paid by a copyhold tenant upon the transfer of a copyhold estate, esp. upon the death ofthe lord. Also spelledgrasson;grassum; grossome; gersum. Gretna-Green marriage. See MARRIAGE (1). greve. See REEVE. grievance, n. (l4c) L An injury, injustice, or wrong that gives ground for a complaint <a petition for a redress ofgrievances>. 2. The complaint itself <the client filed a grievance with the state-bar committee>. 3. Labor law. A complaint that is filed by an employee or the employee's union representative and that usu. concerns working conditions, esp. an alleged violation of a col lective-bargaining agreement. See grievance arbitration under ARBITRATION; GRIEVANCE PROCEDURE. [Cases: Labor and Employment C:;::1560.] grievance arbitration. See ARBITRATION. grievance procedure. Labor law. A process, consisting of several steps, for the resolution of an employee's complaint. The first step usu. occurs at the shop level and is handled by a supervisor. If the grievance is not resolved at the first step, the grievance is appealed in successive steps that vary among collective-bargaining agreements. The final step of the procedure is griev ance arbitration. See grievance arbitration under ARBI TRATION; GRIEVANCE (3). [Cases: Labor Relations 451.] grievant, n. (1958) Labor law. An employee who files a grievance and submits it to the grievance procedure outlined in a collective-bargaining agreement. grieve, vb. To contest under a grievance procedure <the union urged the employee to grieve the suspension>. grievable, adj. grievous bodily harm. See serious bodily injury under INJURY. grift, vb. (1915) Slang. To obtain money or other property illicitly by adroit use of a scam, confidence game. or other fraudulent means. -grifter, n. GRIT. abbr. GRANTOR-RETAINED INCOME TRUST. GRM. abbr. GROSS-RENT MULTIPLIER. grog-shop. See DRAM SHOP. groin-grabbing. The act of fondling or touching a person's genitals through the person's clothing, esp. in a crowded space or while walking along a sidewalk in the opposite direction from the person. -Also termed groin-groping. gross, easement in. See easement in gross under EASE MENT. gross adventure. See ADVENTGRE. gross average. See general average under AVERAGE. gross charter. See CHARTER (8). gross damages. See DAMAGES. gross earnings. See gross income under INCOME. i gross estate. See ESTATE (3). . gross income. See INCOME. gross-income multiplier. See GROSS-RENT MULTIPLIER. gross-income tax. See TAX. gross interest. See INTEREST (3). gross lease. See LEASE. grossly inadequate consideration. See CONSIDERATION (1). gross misdemeanor. See MISDEMEANOR. gross national product. (1947) The market value ofall goods and services produced in a country within a year. used to measure a country's economic development and wealth. -Abbr. GNP. gross neglect ofduty. See DESERTION. gross negligence. See NEGI.IGENCE. grossome. Hist. See GRESSUME. gross premium. See PREMIUM (1). gross profit. See PROFIT (1). 772 gross receipts gross receipts. Tax. The total amount of money or other consideration received by a business taxpayer for goods sold or services performed in a taxable year, before deductions.IRC (26 USCA) 448; 26 C.F.R. 1.448-lT (f)(2)(iv). gross-receipts tax. See TAX. gross-rent multiplier. The ratio between the market value of rent-producing property and its annual gross rental income . The gross-rent multiplier is used as a method to estimate a property's market value. -Abbr. GRM. -Also termed gross-income multiplier. gross sales. See SALE. gross spread. See SPREAD (4). gross up, vb. (1987) Slang. Tax. To add back to a dece dent's gross estate the gift taxes paid by the decedent or the decedent's estate on gifts made by the decedent or the decedent's spouse during the three-year period preceding the decedent's death. IRC (26 USCA) 2035. [Cases: Internal Revenue ~4l59(2).1 gross weight. See WEIGHT. ground, n. (usu. pl.) (13c) Ihe reason or point that some thing (as a legal claim or argument) relies on for validity <grounds for divorce> <several grounds for appeal>. ground, vb. (14c) 1. To provide a basis for (something, such as a legal claim or argument) <the decision was grounded on public policy>. 2. To base (something, such as a legal principle or judicial decision) on <the court grounded the decision on common law> <strict liability is grounded on public policy>. groundage (grown-dij), n. (15c) Hist. Maritime law. A tax or toll levied on a vessel lying in port; the tax or toll so paid. ground annual. l. See ground rent under RENT (1). 2. See FEU DUTY. ground landlord. Hist. The grantor of an estate on which ground rent is reserved. See ground rent under RENT (1). ground-law. A fundamental law. See FUNDAMENTAL LAW. "~If the power of a sovereign or of a government is limited by a ground-law, written or unwritten, a treaty cannot override that constitution," Theodore D. Woolsey, Introduction to the Studyoflntemational Law 103, at 167 (5th ed. 1878). ground lease. See LEASE. groundless, adj. (17c) (Of a legal claim or argument) lacking a basis or a rationale <groundless cause of action>. See FRIVOLOUS. ground ofaction. 1. CAUSE OF ACTION (1). 2. CAUSE OF ACTION (2). ground rent. See RENT (I). ground-rent lease. See ground lease under LEASE. groundwater. See WATER (1). ground writ. See WRIT. group annuity. See ANNUITY. group art unit. Patents. A U.S. Patent and Trademark Office division consisting ofpatent examiners who spe cialize in a particular invention's subject matter. [Cases: Patents ~104.] group boycott. See BOYCOTT. group director. Patents. The person responsible for directing the operations of an examining group within the U.S. Patent and Trademark Office. grouping-of-contacts theory. See CENTER-OF-GRAVITY DOCTRINE. group insurance. See INSURANCE. group libel. See LIBEL. group litigation. (1936) A set oflawsuits on behalfofor against numerous persons recognized as one litigating entity, such as a civil-rights group. group policy. See master policy under INSURANCE POLICY. growing crops. See CROPS. growing-equity mortgage. See MORTGAGE. growth. The gain, increase, or expansion in value of securities or ofa business. growth company. See COMPANY. growth fund. See MUTUAL FUND. growth industry. (1954) An industry or business sector whose revenues and earnings are rising at a faster rate than average. growth management. (1974) Land-use planning. The regulation ofa community's rate of growth through zoning ordinances, impact fees, and other measures. See ZONING. [Cases: Zoning and Planning C::::> 1, 86, 245.] growth stock. See STOCK. gruarii (groo-air-ee-I), n. pl. Hist. The principal officers ofa forest. These officers were charged with guarding and enforcing restrictions on the use of timber. See FOREST. grubstake contract. See CONTRACT. grubstaking contract. See grubstake contract under CONTRACT. grundnorm. See basic norm under NORM. Grundy Tariff. See SMOOT-HAWLEY TARIFF ACT. GRUT. abbr. GRANTOR-RETAINED UNITRUST. GSA. abbr. GENERAL SERVICES ADMINISTRATION. GST supertrust. See dynasty trust under TRUST. guarantee (gar-an-tee), n. (17c) 1. The assurance that a contract or legal act will be duly carried out. 2. GUARANTY (1). "In practice, guarantee, n., is the usual term, seen often, for example, in the context of consumer warranties or other assurances of quality or performance. Guaranty, in contrast, is now used primarily in financial and banking contexts in the sense "a promise to answer for the debt of another." Guaranty is now rarely seen in nonlegal writing, whether in G.B. or in the u.s: Bryan A. Garner, A Dictionary of Modern Legal Usage 394 (2d ed. 1995). 773 3. Something given or existing as security, such as to fulfill a future engagement or a condition subsequent. [Cases: Guaranty C=> 1.]4. One to whom a guaranty is made. -Also spelled guaranty. [Cases: Guaranty C=>3S.] guarantee, vb. (1Sc) 1. To assume a suretyship obliga tion; to agree to answer for a debt or default. [Cases: Guaranty C=>1.] 2. To promise that a contract or legal act will be duly carried out. [Cases: Guaranty C=>11.] 3. To security to. guarantee clause. (IS87) 1. A provision in a contract, deed, or mortgage by which one person promises to pay the obligation of another. [Cases: Guaranty 33, 36.] 2. (cap.) U.S. Const. art. IV, 4, under which the federal government ensures for the states both a republican form ofgovernment and protection from invasion or internal insurrection. -The U.S. Supreme Court has consistently treated claims under the Guar antee Clause as nonj~sticiable political questions. See Pacific States Tel. & Tel. Co. v. Oregon, 223 U.S. 11S, 82 S.Ct. 224 (1912). guaranteed annual wage plan. Labor law. A wage-pay ment method in which the employer agrees either to pay employees a predetermined minimum sum each year or to provide a minimum number ofhours ofemploy ment each year. - A wide variety ofguaranteed annual wage plans are used. For example, an employer may agree to pay employees wages for each week in the year, even though work may not be available at certain times of the year. The purpose of such a plan is to provide a stable labor force year-round. guaranteed bond. See BOND (3). guaranteed investment contract. See INVESTMENT CON TRACT. guaranteed-purchase contract. See guaranteed-sale contract under CONTRACT. guaranteed-sale contract. See CONTRACT. guaranteed stock. See STOCK. guarantee oftitle. Property. A warranty that the title to a piece of real property is vested in a particular person, given by a title company or abstract company, and based on a title searcher's opinion ofthe status of the property's title. The guarantee is usu. backed by insurance to cover damages resulting from the title searcher's oversight or negligence in finding recorded legal instruments. Cf. title insurance under INSURANCE. [Cases: Abstracts ofTitle 1; Covenants guarantee stock. See STOCK. guarantee treaty. See TREATY (1). guarantor. (19c) One who makes a guaranty or gives security for a debt. _ While a surety's liability begins with that of the principal, a guarantor's liability does not begin until the principal debtor is in default. Cf. SURETY (

a guarantor's liability does not begin until the principal debtor is in default. Cf. SURETY (1). [Cases: Guaranty ~~29, 33,44.] "A guarantor either guarantees payment or collection, depending on the words used. 'Payment guaranteed' or equivalent words added to a signature mean the signer guaranty will pay the instrument if it is not paid when due without a need for the holder to resort to another party. 'Collection guaranteed' means resort must first be had to others." Fred H. Miller & Alvin C. Harrell, The Law of Modem Payment Systems 5.02, at 195 (2003). guarantor ofcollectibility. (1881) One who guarantees a debtor's solvency and is under a duty to pay only if the creditor is unable to collect from the principal debtor after exhausting all legal remedies, including demand, suit, judgment, and any supplementary pro ceedings. [Cases: Guaranty C=>33, 45, 77(2).] guarantor of payment. (1814) One who guaran tees payment of a negotiable instrument when it is due without the holder first seeking payment from another party. _ A guarantor of payment is liable only if "payment guaranteed" or equivalent words are added to the guarantor's indorsement. [Cases: Guaranty 45, 77.] guarantor trust. See TRUST. guaranty (gar-dn-tee), n. (16c) 1. A promise to answer for the payment of some debt, or the performance of some duty, in case ofthe failure ofanother who is liable in the first instance. _ The term is most common in finance and banking contexts. While a warranty relates to things (not persons), is not collateral, and need not be in writing, a guaranty is an undertaking that a person will payor do some act, is collateral to the duty ofthe primary obligor, and must be in writing. On the spelling ofguaranty vs. guarantee, see the quotation at GUARANTEE (2). Also termed guaranty contract. [Cases: Guaranty <::=:> 1.] "Both guaranty and warranty are undertakings by one party to another to indemnify the party assured against some possible default or defect. But a guaranty relates to the future, as a collateral promise designed to protect the promisee from loss in case another fails to perform his duty. A warranty relates to the present or past, and is an independent promise designed to protect the promisee from loss in the event that the facts warranted are not as the promisor states them to be when the contract is made. A warranty is broken as soon as it is made if the facts are not as represented, and is enforceable though oral; whereas a guaranty is not breached until a future default occurs, and is unenforceable unless in writing." Laurence P. Simpson, Handbook on the Law ofSuretyship 23 (1950). "A transaction of guaranty involves at least three parties: a promisor, a creditor (the person to whom the promise is made), and a debtor although at the time the promise is made, the person denominated the 'creditor' need not have extended the credit to the person denominated as the 'debtor.' The usual guaranty situation arises when the promisor makes a promise to the creditor either as to the solvency of the debtor or as to the payment of the debt." 38 Am. Jur. 2d Guaranty 1, at 996 (1968). absolute guaranty. (lSc) 1. An unqualified promise that the principal will payor perform. [Cases: Guaranty C=>42(l).] 2. A guarantor's contractual promise to perform some act for the creditor -such as paying money or delivering property if the principal debtor defaults. conditional guaranty. (1813) A guaranty that requires the performance of some condition by the creditor 774 guaranty bond before the guarantor will become liable. [Cases: Guaranty (;::::>42.] contingent guaranty. (1843) A guaranty in which the guarantor will not be liable unless a specified event occurs. continuing guaranty. (1817) A guaranty that governs a course of dealing for an indefinite time or by a succes sion ofcredits. - Also termed open guaranty. [Cases: Guaranty cross-stream guaranty. A guaranty made by a company for the obligation of another company when both are owned by the same parent company or individual. downstream guaranty. 1. A parent corporation's guaranty ofa subsidiary's obligations. 2. A guaranty made for a company by a guarantor who is also a partner, member, or stockholder of the company. general guaranty. (l7c) 1. A guaranty addressed to no specific person, so that anyone who acts on it can enforce it. 2. A guaranty for the principal's default on obligations that the principal undertakes with anyone. good-guy guaranty. A limited guaranty by a third-per son that leased property or collateral will be kept in good condition and returned to the lessor or lender if a default occurs. -Good-guy guaranties are most commonly associated with real-property leases. Also written good-guy guarantee. -Also termed good-guy clause. [Cases: Guaranty C':::>36(8).] guaranty ofcollection. (1843) A guaranty that is con ditioned on the creditor's having first exhausted legal remedies against the principal debtor before suing the guarantor. See guarantor ofcollectibility under GUARANTOR. guaranty ofpayment. (1811) A guaranty that is not con ditioned on the creditor's exhausting legal remedies against the principal debtor before suing the guaran tor. See guarantor ofpayment under GUARANTOR. irrevocable guaranty (i-rev-;}-k"-b,,l). (1898) A guaranty that cannot be terminated unless the other parties consent. [Cases: Guaranty (;::::>24.] limited guaranty. (1831) An agreement to answer for a debt arising from a Single transaction. -Also termed noncontinuing guaranty. [Cases: Guaranty (;:~38(1).] open guaranty. See continuing guaranty revocable guaranty. (1936) A guaranty that the guaran tor may terminate without any other party's consent. [Cases: Guaranty special guaranty. (18c) 1. A guaranty addressed to a particular person or group of persons, who are the only ones who can enforce it. [Cases: Guaranty 29, 32.] 2. A guaranty that names a definite person as obligee and that can be accepted only by the person named. specific guaranty. (l8c) A guaranty ofa single debt or obligation. upstream guaranty. A guaranty made by a corporate subsidiary for the parent corporation's obligations. 2. GUARANTEE (1). guaranty bond. See BOND (2). guaranty company. See surety company under COMPANY. guaranty contract. See GUARANTY (1). guaranty fund. See FUND (1). guaranty insurance. See INSURANCE. guaranty letter of credit. See standby letter ofcredit under LETTER OF CREDIT. guaranty stock. See STOCK. guaranty treaty. See guarantee treaty under TREATY (] ). guard. See DOORKEEPER. guardage. Hist. 1. WARDSHIP. 2. GUARDIANSHIP. guardhouse lawyer. See JAILHOUSE LAWYER. guardian, n. (15c) 1. One who has the authority and duty to care for another's person or property, esp. because ofthe other's infancy, incapacity, or disability. _ A guardian may be appointed either for all purposes or for a specific purpose. -Abbr. gdn. -Also termed custodian. See CONSERVATOR. Cf. WARD (1). [Cases: Guardian and Ward 1; Mental Health C-;) 101.] chancery guardian (chan-s"r-ee). A guardian appointed by a court ofchancery to manage both the person and the estate of the ward. [Cases: Guardian and Ward (;::::>10, 17,36.] domestic guardian. A guardian appointed in the state in which the ward is domiciled. foreign guardian. A guardian appointed by a court in a state other than the one in which the ward is domiciled. _ A foreign guardian cares for the ward's property that is located in the state of appointment. [Cases: Guardian and Ward 166; Mental Health (;::='194.] general guardian. A guardian who has general care and control of the ward's person and estate. [Cases: Guardian and Ward (;::::>29,36; Mental Health 484.] guardian ad litem (ad h-tem or -t"m). (18c) A guardian, usu. a lawyer, appOinted by the court to appear in a lawsuit on behalf of an incompetent or minor party. Abbr. GAL Also termed special advocate; special guardian; law guardian. Cf. NEXT FRIEND; attorney ad litem under ATTORNEY. [Cases: Infants (;::::>76,205; Mental Health H[llt is necessary to determine whether the lawyer has been appointed as a guardian ad litem (GAL) charged with representing the child's best interests, or as an advocate, serving as counsel to the child .... From the distinction between guardian and advocate flow a series of impor tant consequences, including such matters as whether the attorney may file motions and examine witnesses, whether the attorney may file a report with the court. and whether the attorney may testify. Moreover, in most jurisdictions a GAL has an absolute quasijudicial immunity for lawsuits 775 guardian of the poor for negligence .... Although a non-lawyer cannot serve as counsel to the child, such an individual might be a GAL or 'special advocate' in some states. Courts have struggled to clarify these roles, and define how children's representa tives may participate in different types of proceedings." Homer H. ClarkJr. & Ann Laquer Estin, Domestic Relations: Cases ana Problems 1078 (6th ed. 2000). guardian by custom. Hist. A person who, under local custom, had the right to act as a minor's guardian. guardian by election. A guardian chosen by a ward who would otherwise be without one. [Cases: Guardian and Ward C=> 19.] guardian by estoppel. See quasi-guardian. guardian by nature. Hist. The parental guardian ofan heir apparent who has not yet reached the age of21. Although the common law recognized the father as a guardian by nature and the mother as one only after the father's death, most states have given both parents equal rights ofguardianship over their children (see, e.g., N.Y. Dom. ReI. Law 81). -Also termed natural guardian. [Cases: Guardian and Ward C=>4.] guardian by nurture. Hist. The parental guardian ofa child who is not the heir apparent, lasting until the child reaches the age of 14. Also termed guardian for nurture. "There are also guardians for nurture, which are, of course, the father or mother, till the infant attains the age of fourteen years and, in default of father or mother, the ordinary usually assigns some discreet persons to take care ofthe infant's personal estate, and to provide for his maintenance and education." 1 William Blackstone, Com mentaries on the Laws ofEngland 449 (1765). guardian by statute. See statutory guardian. guardian de son tort (d;:) sawn [or son] tor[t]). See quasi-guardian. guardian for nurture. See guardian by nurture. guardian in chivalry. Hist. A guardian who, by virtue ofknight's service, had custody ofthe body and lands of a male heir under 21 or a female heir under 14. This type of guardian had no accountability for profits. guardian in socage. New York law. A guardian for a child who has acquired lands by descent . A guardian is usu. a relative who could not possibly inherit from the child. This type of guardianship applies to both the person and the property of the child and, histori cally, lasted only until the child was 14, when the child was allowed to select a guardian; now it lasts until the child reaches age 18 or is emancipated. guardian ofproperty. See guardian ofthe estate. guardian ofthe estate. A guardian responsible for taking care of the property of someone who is inca pable of caring for his or her own property because of infancy, incapacity, or disability. -Also termed guardian ofproperty. [Cases: Guardian and Ward 1,36; Mental Health (;:.=>211, 216.] guardian ofthe person. A guardian responsible for taking care of someone who is incapable of caring for himself or herself because of infancy, incapacity, or disability. [Cases: Guardian and Ward 29; Mental Health C=>1Ol.] law guardian. See guardian ad litem. natural guardian. 1. Hist. The eldest son's father, until the son turned 21. 2. In the absence of statute, the father of a legitimate child until the child reaches the age

turned 21. 2. In the absence of statute, the father of a legitimate child until the child reaches the age of 21. A father of illegitimate children may be appointed as their guardian upon the mother's death. 3. Most commonly and by statute, either the father or the mother of a minor child -each bearing the title Simultaneously . Ifone parent dies, the other is the natural guardian. See guardian by nature. [Cases: Guardian and Ward ~4.] partial guardian. A guardian whose rights, duties, and powers are strictly limited to those specified in a court order. quasi-guardian. A guardian who assumes that role without any authority. -Such a person may be made to account as guardian. Also termed guardian by estoppel; guardian de son tort. [Cases: Guardian and WardC=>7.] special guardian. (17c) 1. A guardian who has special or limited powers over the ward's person or estate. -Examples are guardians who have custody of the estate but not of the person, those who have custody of the person but not of the estate, and guardians ad litem. Also termed (in civil law) curator ad hoc. See CURATOR (2). 2. See guardian ad litem. [Cases: Mental Health C=>495.] standby guardian. A parent-designated guardian who is appointed to assume responsibility for a child at a future date ifthe child's parent becomes incapable of caring for the child but who does not divest the parent of custodial rights. -Several states have enacted statutes providing for a standby guardian in the case of a terminally ill single parent. A standby guardian assumes responsibility for a child during periods of the parent's incapacity and upon the parent's death . [Cases: Guardian and Ward (;:::) 10.] statutory guardian. A guardian appointed by a court haVing special statutory Jurisdiction. -Also termed guardian by statute. successor guardian. An alternate guardian named in a parent's will against the possibility that the first nominee cannot or will not serve as guardian. [Cases: Guardian and Ward C=>27; Mental Health (~178.1 testamentary guardian. A guardian nominated by a parent's will for the person and property of a child until the child reaches the age of majority. 2. Hist. A mesne lord who was entitled to treat an infant heir's lands for all practical purposes as the lord's own, enjoying fully their use and whatever profits they yielded. At the end of the guardianship, when the heir reached majority, no accounting was owed by the mesne lord. guardian of the poor. Hist. A person in charge of the i relief and maintenance of the poor in a parish. 776 guardian of the spiritualities Guardians ofthe poor administered poor-relief funds raised under the Poor Relief Act of1601. -The function is now performed by local authorities. guardian ofthe spiritualities. Eccles. law. A person who exercises the spiritual and ecclesiastical jurisdiction of a diocese during a vacancy in the see or the absence of the bishop. guardian ofthe temporalities. Eccles. law. The person to whom custody of the secular possessions of a vacant see or abbey is committed by the Crown. -Temporalities (secular possessions) are the land, revenue, and tene ments that archbishops and bishops have had annexed to their sees. guardianship. OSc) 1. The fiduciary relationship between a guardian and a ward or other incapacitated person, whereby the guardian assumes the power to make deci sions about the ward's person or property. - A guard ianship is almost always an involuntary procedure imposed by the state on the ward. Cf. CONSERVATOR SHIP; INTERDICTION. [Cases: Guardian and Ward 1; Mental Health ~101.] 2. The duties and responsibili ties of a guardian. Also termed GUARDAGE. ancillary guardianship. A subservient and subsid iary guardianship in a state other than that in which guardianship is originally granted. [Cases: Guardian and Ward ~166-172; Mental Health guardianship ofthe estate. A guardianship in which the guardian can make decisions only about matters regarding the ward's assets and property. [Cases: Guardian and Ward (,'::::'033; Mental Health (::::::;>211.] guardianship ofthe person. A guardianship in which the guardian is authorized to make all significant decisions affecting the ward's well-being, includ ing the ward's physical custody, education, health, activities, personal relationships, and general welfare. [Cases: Guardian and Ward ~29; Mental Health (;:: 101.] plenary guardianship. A guardianship in which the guardian can make decisions about both the ward's estate and the ward's person. [Cases: Mental Health 101.] standby guardianship. A guardianship in which a parent deSignates a guardian to assume responsibil ity for a child at a future date, if the child's parent becomes incapable of caring for the child, but without divesting the parent ofcustodial rights. gubernator navis (g[yJoo-bdr-nay-tdf nay-vis). [Latin "ship helmsman"] Roman law. The pilot or steersman of a ship. -The gubernator navis could be sued for damages ifhe negligently caused a collision. guerrilla warfare. See WARFARE. guest. (Be) 1. A person who is entertained or to whom hospitality is extended. 2. A person who pays for services at an establishment, esp. a hotel or restaurant. [Cases: Innkeepers 3. A nonpaying passenger in a motor vehicle. [Cases: Automobiles (;:::c 181(2).] business guest. (1942) Torts. See BUSINESS VISITOR (1). social guest. Torts. A guest who is invited to enter or remain on another person's property primarily for private entertainment as opposed to entertainment open to the general public. See LICENSEE (2). [Cases: Negligence (::::::;> 1041.J guest statute. (1914) A law that bars a nonpaying pas senger in a noncommercial vehicle from suing the host-driver for damages resulting from the driver's ordinary negligence. -Though once common, guest statutes remain in force in only a few states. Also termed automobile-guest statute. Cf. FAMILY-PURPOSE RULE. [Cases: Automobiles C--= 181.] guidage. Hist. 1. A toll or fee for guiding a traveler through strange or dangerous territory. 2. The act of guiding a traveler through strange or dangerous ter ritory. guild. (I4c) 1. A group of persons sharing a common vocation who unite to regulate the affairs of their trade in order to protect and promote their common vocation; a voluntary society or fraternity of persons employed in the same trade or craft, formed for the mutual benefit and protection of its members, who pay a fee (a geld orgild) for its general expenses. Also termed (in senses 1 and 2) trade guild. 2. Hist. A company or corporation. guildhall. (l4c) Hist. 1. The meeting place ofa guild. Also spelled gildhall. 2. The chief hall of a city, used for holding court and the meetings of the municipal corporation. guild rent. See RENT (1). guilt, n. (bef. 12c) The fact or state ofhaving committed a wrong, esp. a crime <the state's burden was to prove guilt beyond a reasonable doubt>. Cf. INNOCENCE. guiltless, adj. (14c) 1. Free from guilt; not haVing com mitted a wrong <guiltless ofthe crime>. 2. Having the quality or appearance of innocence <even though she confessed, the defendant looked guiltless>. guilt phase. (1960) 'The part of a criminal trial during which the fact-finder determines whether the defen dant committed a crime. Cf. PENALTY PHASE. guilty, adj. (bef. 12c) 1. Having committed a crime; responsible for a crime <guilty of armed robbery>. [Cases: Criminal Law (;:::~)273.1 2. Responsible for a civil wrong, such as a tort or breach ofcontract <guilty of fraudulent misrepresentation>. -guiltily, adv. guilty, n. 1. A plea ofa criminal defendant who does not contest the charges. 2. A jury verdict convicting the defendant of the crime charged. guilty but mentally ill. (1977) A form of verdict in a criminal case whereby the jury rejects the defendant's insanity defense but still recommends psychiatric treat ment because the detendant is mentally ilL Abbr. GBMI; GMI. -Also termed guilty but insane; guilty ofthe act, but so insane as not to be responsible. See INSANITY DEFENSE. [Cases: Criminal Law ~286.l0.] 777 guilty mind. See MENS REA. guilty plea. See PLEA (1). guilty verdict. See VERDICT. gun-control law. (1968) A statute or ordinance that regulates the sale, possession, or use of firearms. Gun-control laws vary widely among the states, and many cities have gun-control ordinances. Federal law restricts and regulates the illegal sale, possession, and use of firearms. 18 USCA 921-930. See BRADY ACT. [Cases: Weapons Gun-Free Schools Act. A federal law designed to eliminate weapons in schools. 20 USCA 7151. The Gun-Free Schools Act provides that each state receiving federal funds for elementary and secondary schools must require school districts to expel for one year any student found to have brought a weapon to school. The Act does, however, provide for a case-bygyve case modification ofthe expulsion requirement. [Cases: Schools Y 177.] gun-jumping. Slang. The act of unlawfully soliciting the public's purchase ofsecurities before the SEC approves a registration statement; the making of offers after the filing ofa registration statement, but before its effective date, when such offers violate the Securities Act. Also termed conditioning the market. See REGISTRATION STATEMENT. gwalstow (gwawl-stoh). [fro Old English gwal "gallows" + stow "place"] Hist. A place where criminals were executed. gynecocracy (gr-m-kok-rd-see also jin-d or jI-nd-). (17c) Government by a woman or by women. -Also spelled gynaecocracy. gyve (jIV). (I4c) (usu. pl.) Hist. A shackle for the leg. H H. abbr. 1. HOUSE OF REPRESENTATIVES. 2. House report. 3. See house bill under BILL (3). 4. In the citation of English statutes, a king named Henry. 5. In the Year Books, the Hilary term. See YEAR BOOKS (3); HILARY SITTINGS. 6. In tax assessments and other such official reports, a house. habe (hay-bee). [Law Latin] A form of the salutatory expression ave ("hail"). -Also termed have (hay vee). habeas corpora juratorum (hay-bee-;}s kor-p;}r-;} juur ;}-tor-am). [Law Latin "that you have the bodies of the jurors"] Hist. A writ commanding the sheriff to bring in jurors and, if necessary, to take their lands and goods as security to ensure their attendance in court for a trial setting. -This writ issued from the Court ofCommon Pleas and served the same purpose as a distringas jura tores in the King's Bench. The writ was abolished in l852. habeas corpus (hay-bee-as kor-p;}s). [Law Latin "that you have the body"] (I8c) A writ employed to bring a person before a court, most frequently to ensure that the person's imprisonment or detention is not illegal (habeas corpus ad subjiciendum) . In addition to being used to test the legality of an arrest or commitment, the writ may be used to obtain judicial review of (1) the regularity of the extradition process, (2) the right to or amount of bail, or (3) the jurisdiction of a court that has imposed a criminal sentence. -Abbr. H.C. Sometimes shortened to habeas. -Also termed writ ofhabeas corpus; Great Writ. [Cases: Habeas Corpus (:=>201.] ''The writ of habeas corpus, by which the legal author ity under which a person may be detained can be chal lenged, is of immemorial antiquity. After a checkered career in which it was involved in the struggles between the common-law courts and the Courts of Chancery and the Star Chamber, as well as in the conflicts between Parlia ment and the crown. the protection of the writ was firmly written into English law by the Habeas Corpus Act of 1679. Today it is said to be 'perhaps the most important writ known to the constitutional law of England ....'" Charles Alan Wright, The Law of Federal Courts 53, at 350 (5th ed. 1994) (quoting Secretary of State for Home Affairs v. O'Brien, [1923] A.C. 603, 609). habeas corpus ad deliberandum et recipiendum (hay bee-as kor-p;}s ad di-lib-;}-ran-dam et ri-sip-ee-en dam). [Law Latin "that you have the body to consider and receive"] Hist. A writ used to remove a person for trial from one county to the

"that you have the body to consider and receive"] Hist. A writ used to remove a person for trial from one county to the county where the person allegedly committed the offense. Cf. EXTRADITION. habeas corpus adfaciendum et recipiendum (hay bee-as kor-p;}s ad fay-shee-en-dam et ri-sip-ee-en ddm). [Law Latin "that you have the body to do and receive"] Hist. A writ used in civil cases to remove the case, and also the body of the defendant, from an inferior court to a superior court. Also termed habeas corpus cum causa. See CERTIORARI. habeas corpus adprosequendum (hay-bee-;)s kor-pas ad prahs-a-kwen-d;}m). [Law Latin "that you have the body to prosecute"]. A writ used in criminal cases to bring before a court a prisoner to be tried on charges other than those for which the prisoner is currently being confined. [Cases: Criminal Law habeas corpus ad respondendum (hay-bee-ds kor-PdS ad ree-spon-den-d;}m). [Law Latin "that you have the body to respond"] Hist. A writ used in civil cases to remove a person from one court's custody into that of another court, in which the person may then be sued. habeas corpus ad satisfaciendum (hay-bee-;}s kor-pds ad sat-is-fay-shee-en-d~m). [Law Latin "that you have the body to make amends"] In England, a writ used to bring a prisoner against whom a judgment has been entered to some superior court so that the plaintiff can proceed to execute that judgment. habeas corpus ad subjiciendum (hay-bee-as kor-pds ad sab-jis-ee-en-d;}m). [Law Latin "that you have the body to submit to"] A writ directed to someone detaining another person and commanding that the detainee be brought to court. -Usu. shortened to habeas corpus. [Cases; Habeas Corpus habeas corpus ad testificandum (hay-bee-;}s kor-pds ad tes-ti-fi-kan-dam). [Law Latin "that you have the body to testify"] Hist. A writ used in civil and criminal cases to bring a prisoner to court to testify. [Cases: Witnesses C"::'18.J habeas corpus cum causa. See habeas corpus ad facien dum et recipiendum. Habeas Corpus Act. 1. One ofthe four great charters of English liberty (31 Car. 2, 1679), securing to English subjects speedy relief from all unlawful imprison ments . The other three great charters are Magna Carta, the Petition of Right (3 Car. 1, 1628), and the Bill of Rights (1 Wm. & M. 1689). The Habeas Corpus Act does not apply in Scotland; the corresponding statute is the Criminal Procedure Act of 1701, ch. 6. 2. A statute deriving ultimately from the English statute and enacted in the United States as a constitutional guarantee of personal liberty. [Cases: Habeas Corpus (:=>201-9l3.] habendum clause (ha-ben-dam). (1829) 1. 1he part of an instrument, such as a deed or will, that defines the extent of the interest being granted and any condi tions affecting the grant. The introductory words to the clause are ordinarily to have and to hold. Also termed to-have-and-to-hold clause. [Cases: Deeds 120.] 2. Oil & gas. The provision in an oil-and-gas lease 779 defining how long the interest granted to the lessee will extend. Modern oil-and-gas leases typically provide for a primary term a fixed number of years during which the lessee has no obligation to develop the premises -and a secondary term (for "so long there after as oil and gas produced") once development takes place. Most jurisdictions require production ofpaying quantities to keep the lease in effect. -Often short ened to habendum. Also termed term clause. [Cases: Mines and Minerals ''This part of the deed was originally used to determine the interest granted, or to lessen, enlarge, explain or qualify the premises. But it cannot perform the office of divesting the estate already vested by the deed; for it is void if it be repugnant to the estate granted. It has degenerated into a mere useless form; and the premises now contain the specification of the estate granted, and the deed becomes effectual without any habendum. If, however, the premises should be merely descriptive, and no estate mentioned, then the habendum becomes efficient to declare the intention; and it w',11 rebut any implication arising from the silence of the premises." 4 James Kent, Commentaries on American Law *468 (George Comstock ed., 11th ed. 1866), habendum et tenendum (ha-ben-d;)m et t<l-nen-dam). [Law Latin] Hist. To have and to hold . This formal phrase appeared in land deeds and defined the estate or interest being transferred. See HABENDUM CLAUSE; TENENDlJM; TO HAVE AND TO HOLD. habentes homines (ha-ben-teez hom-a-neez), n. [Law Latin "men who have"] Hist. Rich men. Also termed foesting-men. habere (ha-beer-ee), vb. [Latin "to have"] Roman law. To have (the right to) something . This term was some times distinguished from tenere (to hold) and possidere (to possess), with habere referring to the right, tenere to the fact, and possidere to both. '''Habere' has two meanings; for we say that the owner of a thing 'has' it and also that a nonowner who holds the thing 'has' it. Lastly, we use the wore;! in relation to property deposited with us." Digest ofJustinian 45.1.38.9 (Ulpian, Ad Sabinum 49). habere facias possessionem (ha-beer-ee fay-shee-as pa-zes[h]-ee-oh-nam), n. [Law Latin "that you cause to have possession"] Hist. A writ giving a successful eject ment-action plaintiff the possession of the recovered land. Ifthe sheriff delivered more than the person was entitled to, a writ of rehabere facias seisinam could compel the sheriff to return the excess. Often short ened to habere facias or hab. fa. habere facias seisinam (ha-beer-ee fay-shee-as see-zi nam), n. [Law Latin "that you cause to have seisin"] Hist. A writ of execution commanding the sheriff to give the applicant seisin of the recovered land . 1hi8 writ was the proper process for giving seisin of a freehold, as distinguished from giving only a chattel interest in land. See SEISIN. habere facias visum (ha-beer-ee fay-shee-<ls VI-S;)m or -zam), n. [Law Latin "that you cause to have a view"] Hist. A writ allowing a litigant to inspect the lands in controversy. habitual residence habere licere (ha-beer-ee li-seer-ee), vb. [Latin "to allow to have"] Roman law. To stipulate to a purchaser's right to possess and enjoy property undisturbed . The term denoted a seller's duty to indemnify the purchaser if the purchaser was evicted. An evicted purchaser could raise an action on the stipulation or, under Justinian, an actio ex empto against the seller. hab.fa. abbr. HABERE FACIAS POSSESSIONEM. habili et competente forma (hab-a-lI et kom-pa-ten-tee for-rna). [Latin) Hist. In a fit and competent manner. habili modo (hab-a-h moh-doh). [Latin] Hist. In a fit manner; sufficiently. habilis causa transferendi dominii (hab-a-lis kaw-za trans-fa-ren-dr da-min-ee-I). [Law Latin] Hist. An adequate title for transferring the property. The phrase appeared in reference to the grantor's power and intention to convey the property; the title had to be sufficient to support the conveyance ofproperty. Also spelled habilis causa transferrendi dominii. habitability. (1890) The condition of a building in which inhabitants can live free of serious defects that might harm health and safety <lack of running water adversely affects the apartment's habitability>. habitability, implied warranty of. See implied warranty ofhabitability under WARRANTY (2). habitancy (hab-a-tan-see). (18c) 1. DOMICILE (1).2. RESI DENCE. habit and repute. [fr. Latin habitus et reputatus "held and reputed"] Scots law. A person's reputation . Marriage could formerly be constituted ifone was generally held and reputed to be married. And it was an aggravation oftheft to be held and reputed a thiet: habitant (a-bee-ton), n. [French] 1. Hist. French law. A person holding land in feudal tenure from a seignior. 2. A native ofCanada oHrench descent, esp. one from the farming class. habitatio (hab-a-tay-shee-oh), n. [Latin"dwelling"] Roman law. The right to dwell (in a place); the right of free residence in another's house; an urban servitude. This right was usu. given by will and treated as a personal servitude. See urban servitude under SERVI TUDE (2). Cf. USUFRUCT; USUS (1). habitation. (14c) 1. The act ofinhabiting; occupancy. 2. A dwelling place; a domicile. 3. Civil law. A nontrans ferable and nonheritable right to dwell in the house of another. La. Civ. Code art. 630. See RESIDENCE; DOMICILE. Cf. USUFRUCT. habit evidence. See EVIDENCE. habitual, adj. (17c) 1. Customary; usual <habitual late sleeper>. 2. Recidivist <habitual offender>. habitnal criminal. See RECIDIVIST. habitual drunkard. See DRUNKARD. habitual offender. 1. See RECIDIVIST. 2. See OFFENDER. habitual residence. See RESIDENCE. hable (ab-Jl), n. (Law French] Hist. A port or harbor; a station for ships. hacienda particular (ah-syen-dah [or hah-see-en-dd] pahr-tee-koo-Iahr), n. Spanish law. Private property. hacienda publica (ah-syen-dah [or hah-see-en-dd] poo blee-kah), n. Spanish law. 1. Public revenue or assets. 2. The public treasury; economic ministry. hacienda social (ah-syen-dah [or hah-see-en-dd] soh syahl), n. Spanish law. Property belonging to a corpo ration or partnership. hack, vb. To surreptitiously break into the computer, network, servers, or database of another person or organization. Cf. CRACK. hacker, n. had. Commenced or begun, as used in a statute provid ing that no legal proceeding may be had (usu. followed by the words or maintained) <no action for foreclosure may be had or maintained until the debtor has been given at least 30 days' notice>. hadbote. See BOTE (2). hadgonel (had-ga-nel), n. Hist. A tax or mulct. Hadley v. Baxendale rule. (1930) Contracts. The principle that consequential damages will be awarded for breach ofcontract only ifit was foreseeable at the time ofcon tracting that this type of damage would result from the breach. Hadley v. Baxendale, 9 Exch. 341 (1854) . Hadley v. Baxendale is best known for its impact on a nonbreaching party's ability to recover consequential damages, but the case also confirmed the principle that the nonbreaching party may recover damages that arise naturally from the breach. See foreseeable damages under DAMAGES. [Cases: Damages C=:>23.] "The rationale of the decision appears in Baron Alderson's noted statement of what came to be known as the two rules of Hadley v. Baxendale. The first rule was that the injured party may recover damages for loss that 'may fairly and reasonably be considered [as] arising naturally, i.e., according to the usual course of things, from such breach of contract itself.' ... The second and more significant rule went to recovery of damages for loss other than that 'arising naturally' to recovery of what have come to be known as 'consequential' damages .... By introducing this requirement of 'contemplation' for the recovery of consequential damages, the court imposed an important new limitation on the scope of recovery that juries could allow for breach of contract. The result was to impose a more severe limitation on the recovery of damages for breach of contract than that applicable to actions in tort or for breach of warranty, in which substantial or proximate cause is the test." E. Allan Farnsworth, Contracts 12.14, at 822-23 (3d ed. 1999). had-not test. See BUT-FOR TEST. haec est conventio (heek est k.m-ven-shee-oh). [Law Latin] Hist. This is the agreement. These formal words commonly prefaced written agreements. haec estfinalis concordia (heek est fi-nay-lis k;m-kor dee-;J). [Law Latin] Hist. This is the final agreement. These were the words that began a fine, a fictitious judicial proceeding formerly in use as a mode of con veying land. See FO

the words that began a fine, a fictitious judicial proceeding formerly in use as a mode of con veying land. See FOOT OF THE FINE; FINE. haec verba. See IN HAEC VERBA. haeredibus et assignatis quibuscunque (ha-red-i-bds et as-ig-nay-tis kwib-Js-bng-kwee). [Law Latin] Scots law, To heirs and assignees whomsoever. _ This was a simple destination phrase. haereditas. See HEREDITAS. haeres. See HERES. haeretico comburendo. See DE HAERETICO COMBU RENDa. hafne (hay-vJn), n. [Old English] A haven or port. hafne court. Hist. Haven courts; one of several courts anciently held in certain ports in England. Hague Academy of International Law (hayg). A center for advanced studies in international law, both public and private, aimed at facilitating the comprehensive and impartial examination of problems ofinternational legal relations . It was founded in the Netherlands in 1923 on the initiative of the Carnegie Endowment for International Peace and the Institut de Droit Interna tional. -Also termed Academie de Droit International de La Haye. Hague Convention. The short name for anyone of the many numerous international conventions that address different legal issues and attempt to standardize proce dures between nations. [Cases: Treaties Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. A 1993 international agreement to establish uniform procedures governing intercountry adoptions . The Convention has not been widely adopted. The U.S. has signed but not ratified it. Hague Convention on the Civil Aspects of Interna tional Child Abduction. An international convention (concluded in 1980) that seeks to counteract cross border child-snatching by noncustodial parents . This convention created a legal mechanism available to parents seeking the return of, or access to, their children. Its purposes are to secure the prompt return ofchildren who have been wrongfully taken from one country to another and to enforce custody and visita tion rights in the contracting countries. The procedure is summary in nature and does not contemplate con tinuing hearings on the merits ofa dispute. More than 80 countries are parties to the Convention, including the United States. 42 USCA 11601-11610. [Cases: Child Custody C=:>802; Treaties Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. An international convention, concluded on November 15, 1965, gov erning procedures for effecting service of process in a foreign country. More than 35 countries are parties to the Convention, including the United States. [Cases: Federal Civil Procedure (;::;)462; Process (;:'c 83; Treaties (,~8.1 Hague Convention on the Taking ofEvidence Abroad in Civil or Commercial Matters. An international convention, concluded on October 26, 1968, that establishes procedures for obtaining evidence in a 781 foreign country, such as taking a deposition abroad. More than 27 countries are parties, including the United States. [Cases: Federal Civil Procedure <::=>1261; Pretrial Procedure Treaties <::=>8.] Hague Rules. Maritime law. An international agree ment adopted at the International Convention for the Unification ofCertain Rules ofLaw Relating to Bills of Lading in 1924. _ Under the Hague Rules, a carrier is not liable for losses. [Cases: Shipping <::=> 103, 140.] Hague Tribunal. Int'llaw. A permanent court ofarbi tration established by the Hague Peace Conference of 1899 to facilitate immediate recourse to arbitration to settle international differences . The court was given jurisdiction over all arbitration cases, unless the parties agreed to institute a special tribunal. An international bureau was likewise established to serve as a registry for the court and to issue communications about the court's meetings. The court is "permanent" only in the sense that there is a permanent list of members from whom arbitrators in a given case are selected. Apart from making minor changes in the court, the Second Hague Conference of 1907 provided that, of the two arbitrators appointed by each party, only one should be a national of the appointing state. haircut.!. Securities. The discount required by the National Association ofSecurities Dealers on the value ofstock that a brokerage firm holds in its own account at the time of filing a monthly report about the firm's net capital condition. [Cases: Securities Regulation <~::>40.13.] 2. 1he difference between the amount of a loan and the market value ofthe collateral securing the loan. haircut reorganization. See REORGANIZATION (1). Haitian divorce. See Mexican divorce under DIVORCE. hale, v. To compel (a person) to go, esp. to court <hale a party into court>. half, n. (bef. 12c) One of two equal parts into which a thing can be divided; MOIETY. half blood. See BLOOD. half brother. See BROTHER. halfendeal (hahv-an-deel), n. [fro Law Latin halfendelel Hist. Half a thing; a moiety. -Also spelled halfendeal; halfendeal. half-mark. See DEMIMARK. half nephew. See NEPHEW (1). half niece. See NIECE. half orphan. See ORPHAN (2). half-pilotage. See PILOTAGE. halfplus one. Parliamentary law. A common but inexact (and often inaccurate) approximation for a majority . For a body with 100 members, a majority is indeed half plus one, or 51. But for a body with an odd number of members, "half plus one" would not be a whole number. So "a simple majority" is a better choice for deSignat ing majority rule. -Also termed 50 percent plus one. See MAfORITY (2). halle-gemot half-proof. Civil law. 1. Proof established by one witness, or by a private instrument. See UNUS NULLUS RULE. 2. Prima facie proof that is nonetheless insufficient to support a sentence or decree. half-seal. Hist. A seal used in the Court of Chancery to mark commissions to the Court of Delegates on the appeal of an ecclesiastical or maritime case. -The use ofthe seal ended when the Court ofDelegates was abol ished in 1832. See COURT OF DELEGATES. halfsection. See SECTION. halfsister. See SISTER. half-timer. Hist. In England, a child excused from full-time attendance at school under the Factory and Workshop Act of 1908 so that the child could work part-time in a factory or workshop. The Factory and Workshop Acts from 1901 to 1911 were repealed by the Factory and Workshop (Cotton Cloth Factories) Act of 1929 and the Factories Act of 1937. half-tongue. Hist. In England, a jury empaneled to try an alien, and composed half ofone nationality and half of another. The use ofthis type ofjury ended in 1914 with the passage of the Status ofAliens Act. halfway house. (1970) A transitional hOUSing facility designed to rehabilitate people who have recently left a prison or medical-care facility, or who otherwise need help in adjusting to a normal life. Also termed resi dential community treatment center. half-year. See YEAR. Halifax law. 1. LYNCH LAW; more broadly, an irrevoca ble punishment carried out after a summary trial. 2. The summary and unauthorized trial and execution (usu. by decapitation) of a person accused of a crime. _ This term comes from the parish of Halifax, in England, where -according to custom in the forest of Hardwick -this form ofprivate justice was anciently practiced by the free burghers against people accused ofstealing. Thieves could be condemned to death by beheading on market day. The last such case is said to have occurred in 1650. -Also termed gibbet law; Halifax inquest. haligemot. See HALLMOTE. hall. (bef. 12c) 1. A building or room ofconsiderable size, used for meetings ofbodies such as public assemblies, conventions, and courts. 2. Parliamentary law. The room or other space in which a deliberative assembly meets. 3. Hist. A manor house or chief mansion house. It was called a hall because the magistrate's court was typically held there. hallage (hawl-ij), n. (l7c) Hist. A fee or toll due for goods or merchandise sold in a hall used as a market; a toll payable to the lord ofa fair or market for commodities sold in the common hall. hallazgo (ah-yahz-goh), n. [Spanish] Spanish law. 1. The finding and taking possession ofownerless property. 2. The first occupant recognized by law. halle-gemot (hawl-ga-moht), n. See HALLMOTE. 782 halligan tool halligan tool. See HOOLIGAN TOOL. hallmark. (18c) 1. An official stamp affixed by goldsmiths and silversmiths on articles made ofgold or silver to show genuineness. 2. A mark of genuineness. hallmoot. See HALLMOTE. hallmote (hahl-moht), n. (bef. 12c) 1. Hist. A court baron; specif., an annual court, presided over by the lord of the manor, to decide civil disputes between feudal tenants . The court was usu. held in the manor's great hall. See COURT BARON. 2. A trade-guild's com mercial court, in which guild members were tried for trade-related offenses against the guild. 3. A convention of citizens in their public hall. -Also termed folkmote. 4. (Erroneously) an ecclesiastical court. Although this definition appears in many secular legal diction aries, it is unheard of in canon law. In sense 4, it is often (erroneously) spelled holymote. Also spelled (in senses 1-3) hallmoot; halmote; halymote; halle-gemot; haligemote. halmote. See HALLMOTE. halymote (hal-;>-moht). See HALLMOTE. ham (ham or am). (bef. 12c) 1. A place of dwelling; a village. This word now usu. appears in compound form at the end ofplace names, such as Buckingham. 2. A small (esp. enclosed) pasture; a piece ofland. -Also spelled hamm. Cf. HAMLET. hamel. See HAMLET. hameleta. See HAMLET. hamesucken (haym-s;>k-;m), n. (bef. 12c) Scots law. 1. Assault on a householder within the house after breaking in to commit the assault or to commit theft. 2. The crime ofhousebreaking or burglary accompanied by violence . This term derives from Anglo-Saxon law (hamsoen), and literally meant" breaching the peace of another's home." Also spelled hamesecken; hameso ken. Also termed hamfare. "Burglary, or nocturnal housebreaking, burgi latrocinium, which by our ancient law was called hamesecken, as it is in Scotland to this day, has always been looked upon as a very heinous offence ...." 4 William Blackstone, Commentaries on the Laws of England 223 (1769). hamfare. See HAMESGCKEN. hamlet. (bef. 12c) A small village; a part or member ofa vill. A hamlet in a rural community might consist of no more than a store, a church, and a few residences. Also termed hamel; harneleta; hamleta. See VILL. Cf. HAM. hamleta. See HAMLET. hammer, n. Slang. A forced a sale at public auction <her jewelry was brought to the hammer>. See forced sale under SALE. Hammurabi, Code of. See CODE OF HAMMURABI. hanaper (han-;>-p;>r), n. [Law Latin hanaperium hamper"] (14c) Hist.1. A basket or hamper used by the Chancery to store writs and returns. 2. The treasury of the Chancery, funded from the fees charged for writs. Cf. FISCUS. Hanaper Office. His!. An office formerly belonging to the common-law jurisdiction ofthe Chancery Court . The term derives from the storage ofwrits in a hamper (in hanaperio). Crown writs, on the other hand, were stored in the Petty Bag Office. The Hanaper Office was abolished in 1842. See BAGA. hand, n. 1. A person's handwriting <a holographic will must be in the testator's hand>. 2. An instrumental part <he had a hand in the crime>. 3. One who performs some work or labor <Hickory was one of the Gales' hired hands>. 4. (usu. pl.) Possession <the cocaine was now in the hands of the police>. 5. Assistance <the carpenter lent a hand to the project>. 6. A measure oflength equal to four inches, used in measuring the height of equines, esp. horses <the pony stood ten hands tall>. [Cases: Weights and Measures (;:::;:-3.] 7. Hist. An oath <he gave his hand on the matter>. 8. One oftwo sides or aspects ofan issue or argument <on the one hand we can argue for imprisonment, on the other for leniency>. hand, vb. To give; to deliver <

one hand we can argue for imprisonment, on the other for leniency>. hand, vb. To give; to deliver <he handed over the docu ments>. handbill. (I8c) A written or printed notice displayed, handed out, or posted, usu. to inform interested people ofan event or ofsomething to be done . Posting and distribution of handbills is regulated by ordinance or statute in most localities. hand down, vb. (17c) To announce or file (a judgment) in a case . The term was originally used in connection with an appellate-court opinion sent to the court below; it was later expanded to include any decision by a court on a case or point under consideration. [Cases: Appeal and Error (;:::;:-1181, 1182; Federal Courts (;:::;:-921.] handfasting. 1. See handfast marriage (3) under MAR RIAGE (1). 2. See hand fast marriage (4) under MARRIAGE (1). handfast marriage. See MARRIAGE (1). Hand formula. (1972) A balancing test for determin ing whether conduct has created an unreasonable risk of harm, first formulated by Judge Learned Hand in United States v. Carroll Towing Co., 159 F.2d 169 (2d Cif. 1947) . Under this test, an actor is negligent if the burden oftaking adequate precautions against the harm is outweighed by the probable gravity ofthe harm multiplied by the probability that the harm will occur. [Cases: Negligence (;:::;:-215.] ''The legal standard applicable to most unintentional tort cases is that of negligence, defined by Judge Learned Hand as follows: the defendant is gUilty of negligence if the loss caused by the aCCident, multiplied by the probability of the accident's occurring, exceeds the burden of the tions that the defendant might have taken to avert This is an economic test.... Although the Hand formula is of relatively recent origin, the method that it capsulizes has been the basic one used to determine negligence ever since negligence was first adopted as the standard to govern accident cases." Richard A. Posner, Economic Analysis of Law 6.2, at 122-23 (2d ed. 1977). handhabend (hand-hab-;>nd), adj. (14c) Rist. (Of a thief) caught in possession of a stolen item. 783 handhabend, n. [fro Old English aet haebbendre handa "at or with a having hand"] Hist. 1. The bearing ofstolen goods in hand or about the person. Cf. BACKBEREND. 2. A thief or another person caught carrying stolen goods. 3. Jurisdiction to try a person caught carrying stolen goods. -Also spelled hand-habende. handicap. See DISABILITY (2). handicapped child. See CHILD. hand money. Money paid in hand to bind a bargain; earnest money paid in cash. See EARNEST MONEY. hand note. See NOTE (1). handsale. Hist. A sale memorialized by shaking hands. Over time, handsale also came to refer to the earnest money given immediately after the handshake. In some northern European countries, shaking hands was necessary to bind a bargain. This custom some times persists for oral contracts. The Latin phrase for handsale was venditio per mutuam manuum complex ionem ("a sale by the mutual joining of hands"). -Also spelled handsel. hands-off agreement. (1986) A noncompete contrac tual provision between an employer and a former employee prohibiting the employee from using infor mation learned during his or her employment to divert or to steal customers from the former employer. [Cases: Contracts ~U8.] hand up, vb. (1930) (Of a grand jury) to deliver (an indict ment) to a criminal court. handwriting. (15c) Evidence. 1. A person's chirography; the cast or form ofwriting peculiar to a person, includ the size, shape, and style of letters, and whatever individuality to one's writing. [Cases: Evidence 2. Something written by hand; a writing specimen. Nonexpert opinion about the genuineness of handwriting, based on familiarity not acquired for litigation purposes, can authenticate a document. Fed. R. Evid. 901(b)(2). [Cases: Criminal Law ~452(4);; Evidence ~480, 561.) hang, vb. (1848) 1. (Of a jury) to be unable to reach a verdict <the jury was hung after 12 hours of continu 0us deliberation>. See hung jury under JURY. [Cases: Criminal Law ~'867; Federal Civil Procedure 1974; Trial ~316.12. To suspend a person above the ground by a rope tied around the person's neck in order to cause the person's death. _ The standard past tense of the verb in sense 2 is hanged, not hung -the latter being the standard past tense in all other uses of the verb. See HANGING. hanged. drawn, and quartered. Rist. An ancient sentence for high treason, conSisting of the prisoner's being drawn on a hurdle to the place of execution, hanged by the neck (but not until dead), disembow eled, and beheaded, and the body then divided into four pieces for the king's disposal. The sentence was abolished in England in 1870. See TREASON. hanging, n. The killing of someone by suspending the person above the ground by a rope around the person's happy-slapping neck. -Death is caused by asphyxiation (by being hoisted from the ground) or by a sudden breaking of the cervical vertebrae (by being dropped from a height). Hanging was a common form ofcapital punishment in the United States until the 19308. See HANG. hanging chad. See CHAD. hanging in chains. Hist. English law. As the punishment in an atrocious case, the suspending of an executed murderer's body by chains near where the crime was committed. Hanging in chains was abolished in 1834. hanging judge. See JUDGE. hangman. Archaic. An executioner, esp. one who executes condemned criminals by hanging. Hansard (han-s;}rd). The official reports of debates in the British Parliament. The name derives from Luke Hansard (1752-1828), printer of the Journal of the House ofCommons from 1774 to 1828. The name has varied at different times. In 1892 it became the Authorised Edition; in 1909 the title was changed to the Official Report; and since 1943 the name Hansard has been added to Official Report. -Also termed Hansard Official Report; Hansard's Debates. hanse (hans), n. [German] (14c) Hist. 1. A merchant guild, esp. one engaging in trade abroad. 2. A fee for entrance to the guild; an impost levied on merchants not belonging to the guild. Hanseatic (han-see-at-ik), adj. (17c) Hist. 1. Ofor relating to the union ofthe Hanse Towns, usu. referred to as the Hanseatic League. 2. Ofor relating to a hanse or com mercial alliance. Hanse Towns (hans). Hist. The collective name of certain German cities including Lubeck, Hamburg, and Bremen that allied in the 12th century to protect and further their mutual commercial interests . This alliance was usu. called the Hanseatic League. The League framed and promulgated a code of maritime law known as the Laws ofthe Hanse Towns, orJus Han seaticum Maritimum. The League's power peaked in the 14th century, then gradually declined until 1669, when the last general assembly was held. Hanse Towns, laws of the. Rist. A uniform maritime code drawn from the laws of the Hanse towns, esp. that of Lubeck, published in German at Lubeck in 1597 and revised and enlarged in 1614. happiness, right to pursue. (1829) The constitutional right to pursue any lawful business or activity -in any manner not inconsistent with the equal rights of others -that might yield the highest enjoyment, increase one's prosperity, or allow the development of one's faculties . This is a penumbral rather than explicit right under the U.S. Constitution. See the Dec laration ofIndependence ~ 2 (1776). [Cases: Constitu tional Law C:::>1107.] happy-slapping. Slang. An assault on a randomly chosen victim by a person or group while another person films the assault with the intention oflater broadcasting or 784 harassment selling copies ofthe recording . Happy-slapping began in the early 20005 as a fad in London, in which a teenage victim was merely slapped or struck with an object such as a rolled-up newspaper while the assault was recorded on a cellphone camera. As the fad spread across England and into Europe, the perpetrators attacked victims of all ages, and the assaults escalated from mere slaps to serious bodily injury, rape, and murder. harassment (ha-ras-mant or har-as-mant). (I8c) Words, conduct, or action (usu. repeated or persistent) that, being directed at a specific person, annoys, alarms, or causes substantial emotional distress in that person and serves no legitimate purpose. Harassment is actionable in some circumstances, as when a creditor uses threatening or abusive tactics to collect a debt. [Cases: Civil Rights (>1036, 1143.] -harass (ha-ras or har-as), vb. same-sex harassment. See same-sex sexual harassment under SEXUAL HARASSMENT. sexual harassment. See SEXUAL HARASSMENT. harbinger (hahr-bin-jar), n. (14c) 1. Hist. In England, a royal officer who went ahead and was responsible for securing lodging for troops or for a traveling royal entourage. 2. A person or thing that predicts what is to come <a harbinger ofbad news>. harbor, safe. See SAFE HARBOR. harboring, n. (14c) The act ofaffording lodging, shelter, or refuge to a person, esp. a criminal or illegal alien. [Cases: Aliens, Immigration, and Citizenship (>778; Compounding Offenses C:--:;3.5.] harboring an illegal alien. The act ofproviding conceal ment from detection bv law-enforcement authorities or shelter, employment, ~r transportation to help a non citizen remain in the United States unlawfully, while knowing about or recklessly disregarding the nonciti zen's illegal immigration status . The crime ofharbor ing an illegal alien does not require that the offender be involved in the smuggling of illegal aliens into the country. 8 USCA 1324. [Cases: Aliens, Immigration, and Citizenship C=:)778.] harbor line. A line marking the boundary ofa certain part of public water that is reserved for a harbor; esp., the line beyond which wharves and other structures may not extend. [Cases: Navigable Waters (>14(1).] hard asset. See real asset under ASSET. hard case. (1836) A lawsuit involving equities that tempt a judge to stretch or even disregard a principle oflaw at issue. Hence the expression, "Hard cases make bad law." hard currency. See CURRENCY. hard dollars. 1. Cash proceeds given to a seller. 2. The part of an equity investment that is not deductible in the first year. Cf. SOFT DOLLARS. hard goods. See durable goods under GOODS. hard labor. (18c) Work imposed on prisoners as addi tional punishment, usu. for misconduct while in prison. Several states (such as Louisiana, Maine, and New Jersey) impose hard labor as a sentence for a variety of crimes. Hard labor is also imposed in military sen tencing. See PENAL SERVITUDE. [Cases: Sentencing and Punishment c8==' 1067, 1134, 1526.] hard-look doctrine. (1979) Administrative law. The prin ciple that a court should carefully review an adminis trative-agency decision to ensure that the decision did not result from expediency, pressure, or whim. [Cases: Administrative Law and Procedure C:)741.] hard money. See MONEY. hard sell. A sales practice characterized by slogans, aggressiveness, intimidation, and urgent decision making. Cf. SOFT SELL. hardship. (l3c) l. Privation; suffering or adverSity. 2. The asperity with which a proposed construction oflaw would bear on a particular case, sometimes forming a basis (also known as an argument ab inconvenienti) against the construction. See AB INCONVENIENT!; HARD CASE. [Cases: Statutes <>::: 181(2).] 3. family law. A condition that makes it onerous or impossible for a child-support obligor to make the required child-sup port payment. [Cases: Child Support (>254, 458.J 4. Zoning. A ground for a variance under some zoning statutes ifthe zoning ordinance as applied to a particu lar property is unduly oppressive, arbitrary, or confisca tory; esp., a ground for granting a variance, based on the impossibility or prohibitive expense ofconforming the property or its use to the zoning regulation. -Also termed unnecessary hardship. See VARIANCE (2). [Cases: Zoning and Planning (>492.] Hare-Ware voting. See instant-runoff voting under VOTING. harm, n. (bef. 12c) Injury, loss, damage; material or tangible detriment. accidental

bef. 12c) Injury, loss, damage; material or tangible detriment. accidental harm. 1. Harm not caused by a purposeful act. 2. Harm not caused by a tortious act. bodily harm. (16c) Physical pain, illness, or impair ment ofthe body. grievous bodily harm. See serious bodily injury under INJURY. physical harm. (18c) Any physical injury or impair ment ofland, chattels, or the human body. serious bodily harm. See serious bodily injury under INJURY. social harm. (1933) An adverse effect on any social interest that is protected by the criminal law. "If the phrase 'social harm' is used to include every invasion of any social interest which has been placed under the pro tection of a criminal sanction (whether by common law or by statute), every crime may be said to involve, in addition to other requirements, (1) the happening of social harm and (2) the fact that the act of some person was the cause ofthis harm." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 830 (3d ed. 1982). harmful behavior. Conduct that could injure another person, esp. a child. [Cases: Infants C'":::: 156.] cumulatively harmful behavior. Family law. Seriously harmful parental (or caregiver) behavior that, ifcon tinued for a significant period, will over time cause serious harm to a child. immediately harmful behavior. Family law. Seriously harmful parental (or caregiver) behavior that could have caused serious injury to a child but that, because ofthe intervention of an outside force or a fortuitous event, did not result in any injury. seriously harmful behavior. Family law. Parental (or caregiver) behavior that could cause serious injury to a child in the person's care . Some examples of seriously harmful behavior are physical battering, physical neglect, sexual abuse, and abandonment. harmful child labor. See oppressive child labor under CHILD LABOR. harmful error. See reversible error under ERROR (2). harmless error. See ERROR (2). harmony. (14c) Agreement or accord; conformity <the decision in Jones is in harmony with earlier Supreme Court precedent>. -harmonize, vb. harrow (har-oh or hJ-roh), n. [fr. Old French haro] (14c) Hist. In Norman and early English law, an outcry (or hue and cry) after felons and malefactors. -Also spelled haro. See HUE AND CRY. Cf. CLAMEUR DE HARO. Harter Act. Maritime law. An 1893 federal statute reg ulating a carrier's liability for the loss or damage of ocean cargo shipped under bills of lading. 46 USCA app. 190-96. The Act was the primary model for the Carriage of Goods by Sea Act, which has largely superseded it in practice. See CARRIAGE OF GOODS BY SEA ACT. [Cases: Shipping ~103.] "[T1he Harter Act [was] the world's first legislative attempt to allocate the risk of loss in ocean transportation between carrier and cargo interests." Michael F. Sturley, Changing Liability Rules and Marine Insurance, 24 j. Mar. L. & Com. 119, 119 (1993). Hart-Scott-Rodino Antitrust Improvement Act. A federal statute, enacted in 1976, that generally strength ens the Justice Department's antitrust enforcement powers, esp. by requiring firms to give notice to the Federal Trade Commission and the Justice Department of an intent to merge if one of the firms has annual revenues or assets exceeding $100 million, and the acquisition price or value of the acquired firm exceeds $50 million. 15 USCA 18(a). -Often shortened to Hart-Scott-Rodino Act (abbr. HSR Act). hash, vb. To run (a document) through an encryption algorithm, usu. to secure the contents or to derive a number unique to the document. The product of hashing is either run through the encryption algorithm in reverse to verify that the transmitted message has not been altered or combined with the sender's private encryption key to produce a digital signature for the document. hash number. A unique numerical code generated by encryption software for use in creating a digital signature. Also termed hashed number. See DIGITAL SIGNATURE; HASH; KEY ENCRYPTION. haspa (has-p"), n. [Law Latin] Hist. The hasp of a door. Livery of seisin was often made in the doorway of a structure located on the property being transferred. hasta (has-t<'l), n. [Latin "spear"]l. Roman law. A sale by auction, indicated by a spear placed into the ground . The phrase hastae subicere ("to put under the spear") meant to put up for sale at auction. 2. Hist. A symbol used to invest a fief. Hatch Act. A federal statute, enacted in 1939, that restricts political-campaign activities by federal employees and limits contributions by individuals to political campaigns. 5 USCA 1501-1508. Senator Carl Hatch sponsored the Act following disclosures that Works Progress Administration officials were using their positions to campaign for the Democratic Party. [Cases: Elections P311.2.j Hatch-Waxman Act. The popular name of the 1984 federal law that provides incentives for the develop ment of generic drugs and allows drug-patent owners to regain the time lost on a patent's term while awaiting approval ofthe drug from the Food and Drug Admin istration. Also termed Drug Price Competition and Patent Term Restoration Act of1984. [Cases: Health 317,319.] hate crime. See CRIME. hate speech. See SPEECH. hat money. Maritime law. A small gratuity traditionally paid to the master (and sometimes the crew) of a ship for the care ofthe cargo. Also termed pocket money; primage. [Cases: Shipping "Primage and average, which are mentioned in bills of lading, mean a small compensation or duty paid to the master, over and above the freight, for his care and trouble as to the goods. It belongs to him of right, and it is not understood to be covered by the policy of insurance. For these charges, as well as for freight, the master has a lien on the cargo: 3 James Kent, Commentaries on American Law *232 n. (b) (George Comstock ed., 11th ed. 1866). Hatsell's Precedents. Parliamentary law. A compilation of points of order decided in the House of Commons, published by the House's clerk, John Hatsell, in two volumes, the first in 1776 and the second in 1781. Hat sell's compilation was a primary source for the manual that Thomas Jefferson compiled while presiding over the United States Senate. hauber ([h]aw-bJr), n. [Old French] Hist. A high lord; a great baron. haulage royalty. See ROYALTY (2). haustus (haws-tJs), n. [Latin "a drawing"] Roman law. A species of rustic praedial servitude consisting in the right to draw water from a well or spring on another's property the term being common esp. in the form aquaehaustus. -A right-of-way (iter) to the well was implied in the easement. have. See HABE. have and hold. See HABENDUM CLAUSE (1). have the floor 786 have the floor. Parliamentary law. To be entitled to speak after being recognized by the chair. hawala (ha-wah-h'l), n. [Hindi] A system for transferring money, usu. across national borders, based on trust and operating through networks based on family relation ships or on regional or ethnic affiliations rather than through banks and financial institutions. -The system originated in India before the introduction ofwestern banking practices. It is commonly used in immigrant communities. In Indian and Pakistani usage, "white hawala" refers to legitimate transactions and "black hawala" refers to money-laundering. -Also termed hundi. hawaladar (hd-wah-l,,-d;n), n. [Hindi] A hawala operator. hawker. (16c) An itinerant or traveling salesperson who sells goods in a public street, esp. one who, in a loud voice, cries out the benefits ofthe items offered for a peddler. - A hawker is usu. required to have a license. [Cases: Hawkers and Peddlers 03.J hawking. The act of offering, by outcry, goods for sale from door to door or on a public street. [Cases: Hawkers and Peddlers haybote (hay-boht), n. [fr. French haye "a hedge" +Saxon bote "an allowance"] Hist. The right or privilege of a tenant for life or years to have material to repair the hedges or or to make farming implements. Also termed hedgebote. See BOTE. hayward. Hist. 1. An officer of a town or manor respon sible for maintaining fences and hedges, esp. to prevent cattle from breaking through to an enclosed pasture. 2. A cattle herder. Hazantown agreement (hay-zan-town). A type of col lective-bargaining agreement used in the garment industry, governing the relationship between a jobber and the contractors that produce the jobber's garments. -The agreement does not govern the relationship between the jobber and its own employees. It governs the relationship between the jobber and the contrac tors that manufacture the garments that the jobber sells, including covenants that the jobber will use only unionized contractors, will ensure that salaries and bonuses are appropriately paid, and will contribute to employee-benefit funds maintained on behalf of the contractor's employees. This term gets its name from Hazantown, Inc., the jobber involved in Danielson v. Joint Bd. ofCoat, Suit & Allied Garment Workers' Union, 494 F.2d 1230 (2d Cir. 1974). Also termed jobber's agreement. hazard, n. (14c) 1. Danger or peril; esp., a contributing factor to a peril. See PERIL. extraordinary hazard. Workers' compensation. An unusual occupational danger that is increased by the acts of employees other than the injured worker. Also termed extraordinary danger; extraordinary risk. [Cases: Workers' Compensation 1-520,678.] imminent hazard. An immediate danger; esp., in envi ron mental law, a situation in which the continued use of a pesticide will probably result in unreasonable adverse effects on the environment or will involve an unreasonable danger to the survival of an endangered species. 7 USCA 136(1). [Cases: Environmental Law ~423.1 occupational hazard. (1917) A danger or risk that is peculiar to a particular calling or occupation. Occupational hazards include both accidental injuries and occupational diseases. 2. Insurance. The risk or probability of loss or injury, esp. a loss or injury covered by an insurance policy. moral hazard. A hazard that has its inception in mental attitudes, such as dishonesty, carelessness, and insanitv. -The risk that an insured will destroy property or'allow it to be destroyed (usu. by burning) in order to collect the insurance proceeds is a moral hazard. Also, an insured's potential interest, if any, in the burning of the property is sometimes called a moral hazard. [Cases: Insurance 03055(2).] physical hazard. A hazard that has its inception in the material world, such as location, structure, occu pancy, exposure, and the like. 3. Hist. An unlawful dice game in which the chances of winning are complicated by arbitrary rules. hazarder (haz-ar-dar), n. Hist. A player in an unlawful game ofdice. -Also spelled hazardor. hazardous, adj. Risky; dangerous. hazardous cargo. See CARGO. hazardous contract. See aleatory contract under CONTRACT. hazardous employment. See EMPLOYMENT. hazardous negligence. See NEGLIGENCE. hazardous substance. (1882) 1. A toxic pollutant; an imminently dangerous chemical or mixture. [Cases: Environmental Law 0413.] 2. See hazardous waste under WASTE (2). hazardous waste. See WASTE (2). hazard pay. (1956) Special compensation for work done under unpleasant or unsafe conditions. hazing, n. (1850) The practice of phYSically or emotion ally abUSing newcomers to an organization as a means ofinitiation. _ In the early 19th century, hazing referred to beating. Hazing was a well-established custom in fraternities at Ivy League universities by the mid-19th century. (One college magazine referred to "the absurd and barbarous custom of haZing, which has long pre vailed in the college." 1 Harvard Mag. 413 (1860)). The first death from hazing was reported at Yale in 1892 (N.Y. Daily News, June 28, 1892). In the late 20th century, many colleges and universities banned hazing and many states passed antihazing statutes establishing criminal penalties. See ANTIHAZING STATUTE. hazing statute. See ANTIHAZING STATUTE. 787 H.B. See house bill under BILL (3). H.C. abbr. 1. HOUSE OF COMMONS. 2. HABEAS CORPUS. HDC. abbr. HOLDER IN DUE COURSE. he. (bef. 12c) A pronoun of the mascul

abbr. HOLDER IN DUE COURSE. he. (bef. 12c) A pronoun of the masculine gender, tradi tionally used and construed in statutes to include both sexes, as well as corporations . It may also be read as they. Because of the trend toward nonsexist language, fastidious drafters avoid using the generic pronouns he, him, and his unless the reference is only to a male person. head-and-master rule. Hist. The doctrine that the husband alone is authorized to manage community property . Some courts have held that the rule is unconstitutional gender-based discrimination. -Also termed lord-and-master rule. Cf. EQUAL-MANAGEMENT RULE. headborough. See BORSHOLDER. heading. (17c) A brief title or caption of a section of a statute, contract, or other writing. "The headings prefixed to sections or sets of sections in some modern statutes are regarded as preambles to those sections. They cannot control the plain words of the statute, but they may explain ambiguous words ...." P. St. j. Langan, Maxwell on the Interpretation ofStatutes 11 (12th ed. 1969). headlease. (1909) A primary lease under which a sublease has been granted. -Also spelled head lease. -Also termed primary lease; chieflease. [Cases: Landlord and Tenant C= 75, 76, 80.] headlessor. (1933) A lessor on a lease of property that has been subleased. head money. (16c) 1. A tax on people who fit within a designated class; a poll tax. See capitation tax and poll tax under TAX. [Cases: Taxation C'='2054.]2. A bounty offered by a government for a prisoner taken at sea during a naval engagement . This bounty is divided among the officers and crew in the same manner as prize money. See PRIZE MONEY. 3. A tax or duty on shipowners, imposed by an 1882 federal statute, for every immigrant brought into the United States. Also termed head tax. 4. Hist. A bounty or reward paid to a person who killed a band it or outlaw and produced the head as evidence. See BOUNTY (1); REWARD. headnote. (1855) A case summary that appears before the printed judicial opinion in a law report, addresses a point oflaw, and usu. includes the relevant facts bearing on that point oflaw. -Also termed syllabus; synopsis; reporter's syllabus. Cf. SYLLABUS. "The syllabus or headnote is a brief statement of the propo sitions of law decided in the case, being in the nature of a table of contents of the case. The modern method is to number each proposition in the syllabus, and to indicate, by corresponding figures, the exact place in the decision where the point mentioned in the syllabus can be found. Sometimes, especially in the older reports, the syllabus is inaccurate or misleading, and it is not safe to rely on it without first verifying it from the decision." Frank Hall Childs, Where and How to Find the Law 22 (1922). headnote lawyer. See LAWYER. health head of family. A person who supports one or more people related by birth, adoption, or marriage and with whom those persons maintain their permanent domicile . The phrase head offamily appears most commonly in homestead law. For a person to have the status of head of family, there must, of necessity, be at least two people in the family. Also termed head of afami/y. Cf. HEAD OF HOUSEHOLD. [Cases: Homestead (;:::J 18.] head ofhousehold. (1847) 1. The primary income-pro vider within a family. 2. For income-tax purposes, an unmarried or separated person (other than a surviving spouse) who provides a home for dependents for more than one-half of the taxable year . A head of house hold is taxed at a lower rate than a single person who is not head of a household. Cf. HEAD OF FAMILY; HOUSE HOLDER. [Cases: Internal Revenue (;::=3549.] headright. (1930) In American Indian law, a tribemem ber's right to a pro rata portion ofincome from a tribal trust fund set up under the Allotment Act of 1906. This type of trust fund is funded largely by mineral royalties arising from land held or once held by the tribemember's tribe. [Cases: Indians C=141(2), 192.] headright certificate. Hist. A certificate issued under authority of a Republic ofTexas law of 1839 proViding that a person was entitled to a grant of640 acres if the person (1) had immigrated to the Republic between I October 1837 and 1 January 1840, (2) was a head of household, and (3) actually resided within the Republic with his or her family . The grant was to be held under the certificate for three years and then conveyed by absolute deed to the settler. head shop. A retail establishment that sells items intended for use with illegal drugs. head-silver. See common fine under FINE (4). head-start injunction. See INJUNCTION. headstream. The source of a river. head tax. 1. See poll tax under TAX. 2. HEAD MONEY (3). headwater. (18c) 1. (usu. pi.) The part ofa river or stream that is closest to its source. 2. HEADSTREAM. health. (bef. 12c) 1. The state ofbeing sound or whole in body, mind, or souL 2. Freedom from pain or sickness. good health. See GOOD HEALTH. public health. (17c) 1. The health of the community at large. 2. The healthful or sanitary condition of the general body of people or the community en masse; esp., the methods of maintaining the health of the community, as by preventive medicine and organized care for the sick . Many cities have a "public health department" or other agency responsible for main taining the public health; federal laws dealing with health are administered by the Department of Health and Human Services. [Cases: Health C=>350.] sound health. See SOUND HEALTH. 788 healthcare-insurance receivable healthcare-insurance receivable. An interest in or claim under an insurance policy, being a right to payment of a monetary obligation for healthcare goods or services provided. UCC 9-104(c). healthcare lien. See LIEN. healthcare proxy. See ADVANCE DIRECTIVE (1). health insurance. See INSURANCE. health-insurance order. Family law. An order requiring a parent either to obtain health insurance for a child or to add a child to an existing health-insurance policy. Health-insurance orders often include dental insur ance. [Cases: Child Support Health Insurance Portability and Accountability Act. A 1996 federal law that provides additional health insurance protections to employees by limiting the effect of preexisting conditions on an employee's ability to obtain insurance; permitting an employee to enroll a new dependent acquired by birth, adoption, or marriage; making it easier for people to maintain insurance coverage while changing jobs; and helping businesses employing fewer than 50 workers to obtain group insurance plans . The Act is codified in various sections of 18 USCA, 26 USCA, 29 USCA, and 42 USCA. -Abbr. HIPAA. [Cases: Health 257; Insurance C=1518,2460; Labor and Employment 424.] health law. (l8c) A statute, ordinance, or code that pre scribes sanitary standards and regulations for the purpose ofpromoting and preserving the community's health. [Cases: Health C=351, 355.] health-maintenance organization. (1973) A group of participating healthcare providers that furnish medical services to enrolled members ofa group health-insur ance plan. -Abbr. HMO. Cf. MANAGED-CARE ORGANI ZATION; PREFERRED-PROVIDER ORGANIZATION. [Cases: Health (;:::>294; Insurance C::::1252.] health officer. A government official charged with exe cuting and enforcing health laws. The powers of a health officer (such as the Surgeon General) are regu lated bylaw. [Cases: Health C=361.] hearing. (l3c) 1. A judicial session, usu. open to the public, held for the purpose ofdeciding issues offact or oflaw, sometimes with witnesses testifying <the court held a hearing on the admissibility ofDNAevidence in the murder case>. 2. Administrative law. Any setting in which an affected person presents arguments to a deci sion-maker <a hearing on zoning variations>. [Cases: Administrative Law and Procedure C=:>469.] 3. In leg islative practice, any proceeding in which legislators or their designees receive testimony about legislation that might be enacted <the shooting victim spoke at the Senate's hearing on gun control>. See PRELIMINARY HEARING. [Cases: States 4. Equity practice. A trial. 5. English law. ORAl. ARGUMENT. adjudication hearing. (1947) 1. Administrative law. An agency proceeding in which a person's rights and duties are decided after notice and an opportunity to be heard. See procedural due process under DL'E PROCESS. Cf. disposition hearing. [Cases: Administra tive Law and Procedure G-'-::;;469.] 2. In child-abuse and neglect proceedings, the trial stage at which the court hears the state's allegations and evidence and decides whether the state has the right to intervene on behalf of the child. [Cases: Infants <>='203.] 3. In a juvenile-delinquency case, a hearing at which the court hears evidence ofthe charges and makes a finding ofwhether the charges are true or not true. Also termed adjudicatory hearing; adjudicatory pro ceeding . adjudicatory hearing (a-joo-di-ka-tor-ee). See adju dication hearing. certification hearing. See transfer hearing. conformity hearing. See CONFORMITY HEARING. contested hearing. A hearing in which at least one of the parties has objections regarding one or more matters before the court. continued-custody hearing. See shelter hearing. custody hearing. (1935) Family law. A judicial examina tion ofthe facts relating to child custody, typically in a divorce or separation proceeding . Child-neglect and dependency matters are also often dealt with in custody hearings. -Also termed custody proceeding. [Cases: Child Custody (;:::>500; Infants C=:>203.] Daubert hearing. See DAUBERT HEARING. dependency hearing. See shelter hearing. detention hearing. (1959) 1. Criminal law. A hearing to determine whether an accused should be released pending triaL See pretrial detention under DETEN TION. 2. Family law. A hearing held by a juvenile court to determine whether a juvenile accused ofdelinquent conduct should be detained, continued in confine ment, or released pending an adjudicatory hearing. Cf. adjudication hearing; disposition hearing. [Cases: Infants C=:>192,203. 3. See shelter hearing. discharge hearing. See DISCHARGE HEARING. dispositional hearing. See disposition hearing. disposition hearing. (1960) Family law. L In child-abuse and neglect proceedings, after an adjudication hearing at which the state proves its allegations, a hearing at which the court hears evidence and enters orders for the child's care, custody, and control. Typically, the judge determines a plan for services aimed at reunify ing or rehabilitating the family. 2. In a juvenile-delin quency case, after an adjudication hearing at which the state proves its case against the juvenile or after a juvenile's pleading true to the charges against him, a hearing at which the court determines what sanc tions, if any, will be imposed on the juvenile. At a disposition hearing, the court balances the best inter ests ofthe child against the need to sanction the child for his or her actions. If the juvenile is adjudicated a delinquent, the probation staff prepares a social history ofthe youth and his family and recommends a disposition. After reviewing the social history and 789 various recommendations, the court enters a dispo sition. Among the possible juvenile sanctions are a warning, probation, restitution, counseling, or place ment in a juvenile-detention facility. Probation is the most common sanction. Also termed dispositional hearing. Cf. adjudication hearing. 3. See permanency hearing. [Cases: Infants 0='203.J evidentiary hearing. (1952) 1. A hearing at which evidence is presented, as opposed to a hearing at which only legal argument is presented. 2. See ADMIN ISTRATIVE PROCEEDING. exclusionary hearing. (1963) A pretrial hearing con ducted to review and determine the admissibility of alleged illegally obtained evidence. [Cases: Criminal Law 0='394.6.] fair hearing. (1831) A judicial or administrative hearing conducted in accordance with due process. [Cases: Constitutional Law 0='3881, 4027.] Fatico hearing. See FATICO HEARING. fitness hearing. See transfer hearing. Franks hearing. See FRANKS HEARING. full adversary hearing. See adjudication hearing. full hearing. (I7c) 1. A hearing at which the parties are allowed notice of each other's claims and are given ample opportunity to present their positions with evidence and argument. 2. See ADMINISTRATIVE PROCEEDING. Garcia hearing. See GARCIA HEARING.

See ADMINISTRATIVE PROCEEDING. Garcia hearing. See GARCIA HEARING. hearing de novo (dee or di noh-voh). (18c) 1. A review ing court's decision ofa matter anew, giving no defer ence to a lower court's findings. [Cases: Appeal and Error 0='892; Criminal Law C=:'1139; Federal Courts C:)776.]2. A new hearing ofa matter, conducted as if the original hearing had not taken place. independent-source hearing. Criminal procedure. A hearing to determine whether evidence was obtained illegally, and ifso, whether the evidence is admissible. See INDEPENDENT-SOURCE RULE. [Cases: Criminal Law 0='339.11(2).] Jackson-Denno hearing. See JACKSON-DENNO HEAR ING. Mapp hearing. See MAPP HEARING. neglect hearing. (1952) Family law. A judicial hearing involving alleged child abuse or some other situation in which a child has not been properly cared for by a parent or person legally responsible for the child's care. At issue is the civil culpability of the parent or responsible party and the possible loss of children into foster care or in extreme cases -the termina tion of parental rights. [Cases: Infants 0='203.] omnibus hearing. (1969) Criminal procedure. A hearing deSigned to bring judicial overSight to a criminal case at an early stage to make certain that the case is being handled expeditiously and properly . At an omnibus hearing, the court is primarily interested in ensuring that discovery is being conducted properly, hearing that any necessary eVidentiary hearings have been scheduled, and that all issues ripe for decision have been decided. permanency hearing. (1832) Family law. Under the Adoption and Safe Families Act, a judicial proceeding to determine the future, permanent status ofa child in foster care . Under the Act, the term permanency hearing replaces the term disposition hearing. 1he per manency hearing must occur within 12 months of a child's being placed in foster care. The purpose ofthe hearing is to determine the final direction of the case, whether that means going forward with termination proceedings or continuing plans for family reunifica tion. -Also termed permanency-planning hearing. [Cases: Infants ~'=203.] preliminary hearing. See PRELIMINARY HEARING. preliminary protective hearing. See shelter hearing. presentence hearing. See PRESENTENCE HEARING. pretrial hearing. See PRETRIAL CONFERENCE. probable-cause hearing. See shelter hearing. public hearing. (18c) A hearing that, within reason able limits, is open to anyone who wishes to observe . Such a hearing is often characterized by the right to appear and present evidence in a case before an impartial tribunal. [Cases: Administrative Law and Procedure reaffirmation hearing. See REAFFIRMATION HEAR ING. review hearing. Family law. After a finding of child abuse or neglect, a hearing to assess the progress in the case plan. See CASE PLAN. [Cases: Infants 0='203, 231.] revocation hearing. (1928) Criminal procedure. A hearing held to determine whether a parolee should be returned to prison for violating the terms ofparole. [Cases: Pardon and Parole 0='85.] sentencing hearing. See PRESENTENCE HEARING. shelter hearing. Family law. A hearing shortly after the state's removal of a child for suspected abuse or neglect. The hearing, generally held within 24 to 72 hours after the removal, is for the purpose of determining whether the state has adequate cause to maintain the children in protective care. -Also termed shelter-care hearing; continued- custody hearing; preliminary protective hearing; probable cause hearing; detention hearing; dependency hearing. [Cases: Infants 0='192,203.] suppression hearing. (1955) Criminal procedure. A pretrial hearing in which a criminal defendant seeks to prevent the introduction of evidence alleged to have been seized illegally. [Cases: Criminal Law 394.6.] termination-of-parental-rights hearing. Family law. A trial or court proceeding, usu. initiated by a state agency, that seeks to sever the legal ties between a parent and child, usu. so that the child can be adopted. 790 hearing examiner The standard of proof in a termination-of-paren tal-rights hearing is clear and convincing evidence. Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. l388 (1982). -Often shortened to termination hearing. [Cases: Infants C=>203.] transfer hearing. (1968) Criminal procedure. In a juve nile-court case, a hearing to determine whether the case should be transferred to adult criminal court so that the juvenile may be tried as an adult. Every state, as well as the District ofColumbia, has a transfer statute. The United States Supreme Court defined the due-process requirements for transfer hearings in Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045 (1966). -Also termed certification hearing; waiver hearing; fitness hearing. See TRANSFER STATUTE; MANDATORY WAIVER; STATUTORY EXCLUSION. [Cases: Infants C=>68.7.] trial-type hearing. See ADMINISTRATIVE PROCEEDING. uncontested hearing. A hearing in which either (1) the parties are in agreement as to all matters before the court, or (2) one of the parties has failed to appear despite notice. unfair hearing. (1915) A hearing that is not conducted in accordance with due process, as when the defen dant is denied the opportunity to prepare or consult with counsel. [Cases: Constitutional Law C=>3879, 3886.] Wade hearing. See WADE HEARING. waiver hearing. See transfer hearing. hearing examiner. See ADMINISTRATIVE-LAW JUDGE. hearing officer. 1. ADMINISTRATIVE-LAW JUDGE. 2. See judicial officer (3) under OFFICER (1). hearsay. (16c) 1. Traditionally, testimony that is given by a witness who relates not what he or she knows per sonally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness . Such testimony is generally inadmissible under the rules of evidence. 2. In federal law, a state ment (either a verbal assertion or nonverbal assertive conduct), other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth ofthe matter asserted. Fed. R. Evid. 801(c). -Also termed hearsay evidence; secondhand evidence. Cf. original evidence under EVIDENCE. [Cases: Criminal Law C=>419; Evidence C=>314-324.] double hearsay. (1921) A hearsay statement that contains further hearsay statements within it, none of which is admissible unless exceptions to the rule against hearsay can be applied to each level <the double hearsay was the report's statement that Amy had heard Joe admit running the red light>. Fed. R. Evid. 805. -Also termed multiple hearsay; hearsay within hearsay. [Cases: Criminal Law C=>419(l3); Evidence C=>314-324.] hearsay exception. Any of several deviations from the hearsay rule, allowing the admission of otherwise inadmissible statements because the circumstances surrounding the statements provide a basis for con sidering the statements reliable. [Cases: Criminal Law C=>419(1.10); Evidence C=>314.] tender-years hearsay exception. A hearsay exception for an out-of-court statement by a child ten years of age or younger, usu. describing an act ofphysical or sexual abuse, when the child is unavailable to testify and the court determines that the time, content, and circumstances of the statement make it reliable. [Cases: Infants C=>20.] hearsay rule. (1896) The rule that no assertion offered as testimony can be received unless it is or has been open to test by cross-examination or an opportunity for cross-examination, except as provided otherwise by the rules of evidence, by court rules, or by statute. The chief reasons for the rule are that out-of-court statements amounting to hearsay are not made under oath and are not subject to cross-examination. Fed. R. Evid. 802. Rule 803 provides 23 explicit exceptions to the hearsay rule, regardless of whether the out-of court declarant is available to testify, and Rule 804 provides five more exceptions for situations in which the declarant is unavailable to testify. [Cases: Criminal Law C=>419; Evidence C=>314-324.] "[TJhe great hearsay rule ... is a fundamental rule of safety, but one overenforced and abused, -the spoiled child of the family, -proudest scion of our jurytrial rules of evidence, but so petted and indulged that it has become a nuisance and an obstruction to speedy and efficient trials." John H. Wigmore, A Students' Textbook of the Law ofEvidence 238 (1935). hearsay within hearsay. See double hearsay under HEARSAY. heartbalm statute. A state law that abolishes the rights ofaction for monetary damages as solace for the emo tional trauma occasioned by a loss oflove and rela tionship. The abolished rights of action include alienation of affections, breach of promise to marry, criminal conversation, and seduction of a person over the legal age of consent. Many states today have enacted heartbalm statutes primarily because of the highly speculative nature ofthe injury and the poten tial for abusive prosecution, as well as the difficulties of determining the cause of a loss. The terminology in this field is somewhat confusing, since a heartbalm statute abolishes lawsuits that were known as heart balm suits; some scholars therefore call the abolition ary statutes anti-heartbalm statutes. But the prevailing term is heartbalm statute. -Also written heart-balm statute. -Also termed heartbalm act; anti-heartbalm statute; anti-heartbalm act. [Cases: Breach ofMarriage Promise C=>14; Husband and Wife C=>323, 341; Seduc tion C=>3.] "Under the English common law, a broken engagement might be followed by a lawsuit for breach of promise to marry .... [TJhe action came to look more like a tort action, in which damages might be given for the injury to the plain' tiff's feelings, health and reputation and for expenses such as costs incurred in preparing for a wedding. Widespread criticism of the suit for breach of promise to marry (as well as related tort actions including seduction and alienation of affections) led to the passage of 'heart balm' statutes 791 heir abolishing these claims in many jurisdictions in the United States beginning in the 1930's." Homer H. Clark Jr. & Ann Laquer Estin, Domestic Relations: Cases and Problems 47 (6th ed. 2000). hearth money. Hist. 1. A tax of two shillings levied on every fireplace in England (14 Car. 2, ch. 10). This extremely unpopular tax was enacted in 1662 during the reign ofCharles II and abolished in 1688. 2. PETER PENCE. -Also termed (in sense 1) chimney money. heat ofpassion. (bef. 12c) Rage, terror, or furious hatred suddenly aroused by some immediate provocation, USll. another person's words or actions. At common law, the heat of passion could serve as a mitigating circumstance that would reduce a murder charge to manslaughter. -Also termed sudden heat ofpassion; sudden heat; sudden passion; hot blood; sudden heat and passion;furor brevis. Cf. COLD BLOOD; COOL BLOOD. [Cases: Homicide ~666.] "To constitute the heat of passion included in this require ment it is not necessary for the passion to be so extreme that the slayer does not know what he is doing at the time; but it must be so extreme that for the moment his action is being directed by passion rather than by reason." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 99 (3d ed. 1982). heavy work. See WORK (1). hebote. See HEREBOTE. hedagium (h;:l-day-jee-;:lm), n. [Law Latin] Hist. A toll or custom due at a wharffor landing goods. The Crown exempted particular persons and societies from this tolL hedge, vb. (l7c) To use two compensating or offsetting transactions to ensure a position ofbreaking even; esp., to make advance arrangements to safeguard oneself from loss on an investment, speculation, or bet, as when a buyer of commodities insures against unfavorable price changes by buying in advance at a fixed rate for later delivery. [Cases: Commodity Futures Trading Regulation (;:::":, 10.] -hedging, n. hedgebote. See HAYBOTE. hedge fund. (1967) A specialized investment group usu. organized as a limited partnership or offshore investment company that offers the possibility of high returns through risky techniques such as selling short or buying derivatives . Most hedge funds are not registered with the SEC and are therefore restricted in marketing their services to the public. hedonic damages. See DAMAGES. hedonistic damages. See hedonic damages under DAMA GES. hedonistic utilitarianism. See

hedonistic damages. See hedonic damages under DAMA GES. hedonistic utilitarianism. See UTILITARIANISM. heeding presumption. See PRESUMPTIO~. heedlessness, n. (l6c) The quality ofbeing thoughtless and inconsiderate; esp., conduct involving the disre gard ofothers' rights or safety. Heedlessness is often construed to involve the same degree of fault as reck lessness. See RECKLESSNESS. heedless, adj. hegemonism (hi-jem-;:l-niz-am). (l9c) 1. A philosophical position advocating hegemony. 2. All forms ofpolitical extension by means of hegemony. hegemony (hi-jem-;:l-nee), n. (l6c) 1. Influence, author ity, or supremacy over others <the hegemony of capi talism>. 2. The striving for leadership or predominant authority ofone state ofaconfederacy or union over the others; political domination <the former Soviet Union's hegemony over Eastern Europe>. hegemonic (hej a-mon-ik), adj. heightened scrutiny. See INTERMEDIATE SCRUTINY. heinous (hay-n;:ls), adj. (l4c) (Ofa crime or its perpetra tor) shockingly atrocious or odious. [Cases: Sentencing and Punishment 1684.] heinousness, n. heir (air). (l3e) 1. A person who, under the laws of intestacy, is entitled to receive an intestate decedent's property. Also termed legal heir; heir at law; lawful heir; heir general; legitimate heir. Cf. ANCESTOR. [Cases: Descent and Distribution ~20-43; Wills C:::>SOS.J "Laymen -and sometimes first-year law students taking exams -wrongly assume that one who receives rea! property by will is an heir. Technically, the word 'heir' is reserved for one who receives real property by action of the laws of intestacy, which operate today only in the absence ofa valid will." Thomas F. Bergin & Paul G. Haskell, Preface to Esrates in Land and Future Interests 14 n.32 (2d ed.1984). 2. Loosely (in common-law jurisdictions), a person who inherits real or personal property, whether by will or by intestate succession. [Cases: Descent and Distribu tion ~20-43; Wills ~S05.] 3. Popularly, a person who has inherited or is in line to inherit great wealth. 4. Civil law. A person who succeeds to the rights and occupies the place of, or is entitled to succeed to the estate of, a decedent, whether by an act ofthe decedent or by operation oflaw. The term heir under the civil law has a more expansive meaning than under the common law. afterborn heir. (I8c) One born after the death of an intestate from whom the heir is entitled to inherit. See afterborn child under CHILD. [Cases: Descent and Distribution apparent heir. See heir apparent. beneficiary heir (ben-;:!-fish-ee-er-ee). Civil law. An heir who accepts an inheritance but whose liability for estate debts is limited to the value of the inheri tance. -Also termed heir beneficiary. See BENEFIT OF INVENTORY. Cf. unconditional heir. [Cases: Descent and Distribution ~119(2).] bodily heir. See heir ofthe body. coheir (koh-air). One oftwo or more persons to whom an inheritance descends. [Cases: Descent and Distri bution 72, 81, 82.] collateral heir. (17c) One who is neither a direct descen dant nor an ancestor of the decedent, but whose kinship is through a collateral line, such as a brother, sister, uncle, aunt, nephew, niece, or cousin. Cf.lineal heir. [Cases: Descent and Distribution ~32,37.1 heir 792 expectant heir. (I7c) An heir who has a reversionary , heir male. Hist. The nearest male blood-relation of a or future interest in property, or a chance ofsucceed ing to it. -Also termed heir expectant. See REVER SION (1); REMAINDER (1). Cf. prospective heir. [Cases: Descent and Distribution 068.] "The reader should be aware that one never has an 'heir' until one is dead; one merely has an 'heir expectant' .... Thus, to say that an heir 'owns' anything is conceptually difficult. But ... some unborn heirs may be entitled to the protection of the courts, and thus be said to have estates." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 26 n.13 (2d ed. 1984). fideicommissary heir (fI-dee-I kom-i-sair-ee). Roman & civil law. A beneficiary ofproperty who succeeds the direct (original) heir. See FIDEICOMMISSUM. fidUciary heir. Roman & civil law. An heir who takes property as a trustee on behalf of a person who is not eligible to receive the property immediately. See FIDEICOMMISSUM. forced heir. Civil law. (1813) A person whom the testator or donor cannot disinherit because the law reserves part ofthe estate for that person. -In Louisiana, only descendants are forced heirs. La. Civ. Code art. 1493. See LEGITIME. [Cases: Descent and Distribution 23.] heir apparent. (14c) An heir who is certain to inherit unless he or she dies first or is excluded by a valid will. Also termed apparent heir. Cf. heir presump tive. [Cases: Descent and Distribution 068.] "Heirs apparent are such, whose right of inheritance is indefeaSible, provided they outlive the ancestor; as the eldest son or his issue, who must by the course of the common law be heirs to the father whenever he happens to die." 2 William Blackstone, Commentaries on the Laws of Eng/and 208 (l766). heir beneficiary. See beneficiary heir. heir by adoption. A person who has been adopted by (and thus has become an heir to) the deceased. -By statute in most jurisdictions, an adopted child has the same right ofsuccession to intestate property as a biological child unless the deceased clearly expresses a contrary intention. Jurisdictions differ on whether an adopted child may also inherit from his or her biological parents or family. The clear majority view, however, is that upon adoption, a complete severance ofrights and obligations occurs and the child forfeits inheritance from all biological relatives. heir by custom. Hist. In England, a person whose right of inheritance depends on a particular and local custom, such as gavelkind and borough English. See GAVELKIND; BOROUGH ENGLISH. heir by devise. (1842) One to whom lands are given by will. heir conventional. Civil law. One who takes a succes sion because ofa contract or settlement entitling him or her to it. heir expectant. See expectant heir. heir in tail. See heir special. decedent. heir ofthe blood. (l6c) An heir who succeeds to an estate because of consanguinity with the decedent, in either the ascending or descending line. heir ofthe body. Archaic. A lineal descendant of the decedent, excluding a surviving spouse, adopted children, and collateral relations. -'{he term of art heirs of the body was formerly used to create a fee tail <A conveys Blackacre to B and the heirs of his body>. -Also termed bodily heir. [Cases: Descent and Distribution 017,21.] heir presumptive. (l7c) An heir who will inherit if the potential intestate dies immediately, but who may be excluded ifanother, more closely related heir is born. -Also termed presumptive heir. Cf. heir apparent. [Cases: Descent and Distribution (:::::;68.] heirs and assigns. (16c) A term ofart formerly required to create a fee simple <A conveys Blackacre to Band his heirs and assigns>. heir special. Hist. An heir who receives property according to the nature ofthe estate held in fee tail. Heirs special were said to receive property performam doni ("by the form ofthe gift"). Also termed heir in tail. [Cases: Descent and Distribution C-::>29.] instituted heir. See testamentary heir. irregular heir. Hist. Louisiana law. A person or entity who has a statutory right to take property from an estate in default of the testamentary or legal heirs. [Cases: Descent and Distribution 074.] joint heir. (16c) 1. A coheir. 2. A person who is or will be an heir to both oftwo designated persons at the death ofthe survivor of them, the word joint being here applied to the ancestors rather than the heirs. known heir. (l6c) An heir who is present to claim an inheritance, the extent of which depends on there being no closer relative. laughing heir. (1943) Slang. An heir distant enough to feel no grief when a relative dies and leaves an inheri tance (generally viewed as a windfall) to the heir. lineal heir. (16c) A person who is either an ancestor or a descendant of the decedent, such as a parent or a child. Cf. collateral heir. [Cases: Descent and Dis tribution 020.] natural heir. (16c) An heir by consanguinity as dis tinguished from an heir by adoption or a statutory heir (such as a person's spouse). [Cases: Descent and Distribution C47(2).J presumptive heir. See heir presumptive. pretermitted heir (pree-t;:Jr-mit-id). (1841) A child or spouse who has been omitted from a will, as when a testator makes a will naming his or her two children and then, sometime later, has two more children who are not mentioned in the will. -Also termed (more specif.) pretermitted child; pretermitted spouse. See 793 PRETERMITTED-HEIR STATUTE. [Cases: Descent and Distribution prospective heir. (1855) An heir who may inherit but may be excluded; an heir apparent or an heir pre sumptive. Cf. expectant heir. [Cases: Descent and Dis tribution C::c68.] right heir. 1. lUst. The preferred heir to an estate tail, as distinguished from a general heir. An estate tail would pass to a general heir only on the failure ofthe preferred heir and his line. 2. HEIR (1). testamentary heir (tes-td-men-td-ree or -tree). Civil law. A person who is appointed as an heir in the dece dent's wilL Also termed instituted heir. unconditional heir. Civil law. A person who chooses expressly or tacitly -to inherit without any reserva tion or without making an inventory. Cf. beneficiary heir. heirdom. (Be) The state ofbeing an heir; succession by inheritance. heiress. (17c) 1. Archaic. A female heir. See HEIR (1). 2. A woman or girl who has inherited or is in line to inherit great wealth. heir general. See HEIR (1). heir-hunter. A person whose business is to track down missing heirs. heirless estate. See ESTATE (3). heirloom. (l5c) 1. An item ofpersonal property that by local custom, contrary to the usual legal rule, descends to the heir along with the inheritance, instead ofpassing to the executor or administrator ofthe last owner. Tra ditional examples are an ancestor's coat ofarms, family portraits, title deeds, and keys. Blackstone gave a false etymology that many have copied: "The termination, loom, is ofSaxon origin; in which language it signifies a limb or member; so that an heirloom is nothing else, but a limb or member of the inheritance." 2 William Blackstone, Commentaries on the Law ofEngland 427 (1766). In fact, loom derives from Old English geloma "utensil," and loom meant "implement, tool." 2. Popu larly, a treasured possession ofgreat sentimental value passed down through generations within a family. "Heirlooms, strictly so cailed, are now very seldom to be met with. They may be defined to be such personal chattels as go, by force of a special custom, to the heir, along with the inheritance, and not to the executor or administrator of the last owner. The owner of an heir loom cannot by his will bequeath the heirloom, if he leave the land to descend to his heir; for in such a case the force of custom will prevail over the bequest, which, not coming into opera tion until after the decease of the owner, is too late to supersede the custom .... In popular language the term 'heir-loom' is generally applied to plate, pictures or articles of property which have been assigned by deed of settle ment or bequeathed by will to trustees, in trust to permit the same to be used and enjoyed by the persons for the time being in possession. under the settlement or will, of the mansionhouse in which the articles may be placed." Joshua Williams, Principles ofthe Law ofPersonal Property 13-14 (11th ed. 1881). heir portioner. See PORTIONER. Heralds' College heirship. (l3c) 1. The quality or condition of being an heir. 2. The relation between an ancestor and an heir. [Cases: Descent and Distribution C::c20-41.J

The relation between an ancestor and an heir. [Cases: Descent and Distribution C::c20-41.J hell-or-high-waterdause. (1980) A clause in a personal property lease requiring the lessee to continue to make full rent payments to the lessor even ifthe thing leased is unsuitable, defective, or destroyed. [Cases: Bailment C::c20.J hell-or-high-water rule. (1960) 1. The principle that a personal-property lessee must pay the full rent due, regardless of any claim against the lessor, unless the lessee proves unequal bargaining power or unconscio nability. [Cases: Bailment C'"='20.J 2. Insurance. The principle that an insured's automobile-liability policy will cover the insured while using a vehicle owned by another if the insured uses the vehicle in a manner within the scope of the permission granted. [Cases: Insurance ~2662.1 henceforth, adv. (l4c) From now on <the newly enacted rule will apply henceforth>. henfare. Hist. A fine for flight from an accusation of murder. Henricus Vetus (hen-n-bs vee-tas). [Law Latin] Henry the Old (or Elder) . This term was used in early English charters to distinguish King Henry I from later kings ofthe same name. heordpenny (h3rd-pen-ee), n. See PETER-PENCE. Hepburn Act. A 1906 federal statute that amended the Interstate Commerce Act to (1) increase the (now defunct) Interstate Commerce Commission's jurisdic tion to include pipelines, (2) prohibit free pass~s except to employees, (3) prohibit common carriers from trans porting any products (except timber) in which they had an interest, and (4) require joint tariffs and a uniform system of accounts. [Cases: Carriers 32(1); Commerce C::c85.2.] heptarchy (hep-tahr-kee). 1. A government by seven rulers. 2. A nation divided into seven governments, speci. the seven Anglo-Saxon kingdoms of Kent, Sussex, Essex, Wessex, East Anglia, Mercia, and Nor thumbria existing before the Norman Conquest. herald, n. (l3c) 1. In England and Scotland, one of several officers responsible for keeping genealogical lists and tables, adjusting armorial bearings, and regu lating the ceremonies at royal coronations and funerals. There are six in England and three in Scotland. 2. Hist. A messenger who announces royal or state proc lamations, and who carries diplomatic messages (esp. proclamations of war, peace, or truce) between kings or countries. Heralds' College. A royal corporation responsible in England for granting and recording armorial insignia and genealogies, and for dealing with matters of pre cedence. The College was founded by Richard III in 1484, is governed by the Earl Marshal, and consists of three kings ofarms, six heralds, and four pursuiv ants. The heralds' books, based on family-lineage 794 herbage inquiries made throughout England, are considered good evidence of pedigrees. The heralds' office is still allowed to make grants of arms and to grant name changes. -Also termed College ofArms. herbage (har-bij). (lSc) In England, an easement or liberty of pasturage on another's land. herdwerch (hard-wdrk), n. Hist. Herdsmen's work, or customary labor, done by shepherds and inferior tenants at the lord's wilL Also spelled heordwerch. hereafter, adv. (bef. l2c) 1. From now on; henceforth <because ofthe highway construction, she will hereaf ter take the bus to work>. 2. At some future time <the court will hereafter issue a ruling on the gun's admissi bilitv>. 3. HEREINAFTER <the exhibits hereafter referred to a~ Exhibit A and Exhibit B>. here and there. See VALUE DATE. herebannum (her-d-ban-dm), n. [Law Latin fr. Old English here "army" + bann "proclamation"] Hist. 1. A proclamation summoning the army into the field. 2. A mulct or fine for not joining that army when summoned. 3. A tax or tribute for the support of that army. herebote (her-d-boht), n. [fro Old English here "army" + bod "command"] Hist. In England, a royal edict sum moning the people to the battlefield; an edict com manding subjects into battle. Also spelled herebode; hebote. hereby, adv. (l3c) By this document; by these very words <I hereby declare my intention to run for public office>. heredad (e-re-dahd), n. Spanish law. 1. An inheritance or heirship. 2. A piece ofland under cultivation; a cul tivated farm. heredad yacente (e-re-dad yah-sen-te). An inheritance not yet accepted. See hereditas jacens under HEREDI TAS. heredero (e-re-der-oh), n. Spanish law. I. An heir or legatee. 2. An owner ofa cultivated farm. heredes. See HERES. heredes a/ioqui successuri (hd-ree-deez ay-lee-oh-kwI sdk-ses-J-rr). [Latin] Hist. Heirs entitled otherwise to succeed. -Also termed heredes alioquin success uri. heredes nati et facti (hd-ree-deez nay-ti et fak-u). [Latin] Hist. Heirs born and made. heredes proximi (hJ-ree-deez prok-SJ-mI), n. [Latin] Nearest or next heirs. heredes proximi et remotiores (hd-ree-deez prok-sd-mi et ri-moh-shee-or-eez). [Latin] Hist. Heirs nearer and more remote. heredes remotiores (ha-ree-deez ri-moh-shee-or-eez), n. [Latin] Heirs more remote; relatives other than children or descendants. heredipeta (he-rd-dip-d-td), n. [Law Latin] Hist. A leg acy-hunter; the seeker ofan inheritance. heredis institutio (hd-ree-dis in-sti-t[y]oo-shee-oh). See INSTITUTIO HEREDIS. hereditament (her-a-dit-;l-mdnt or hd-red-i-tJ-mJnt). (lSc) I. Any property that can be inherited; anything that passes by intestacy. [Cases: Descent and Distri bution ~8.] 2. Real property; land. [Cases: Property corporeal hereditament (kor-por-ee-dl). A tangible item ofproperty, such as land, a building, or a fixture. [Cases: Fixtures Property~4.J incorporeal hereditament (in-kor-por-ee-al). An intangible right in land, such as an easement. 1he various types at common law were advowsons, annui ties, commons, dignities, franchises, offices, pensions, rents, tithes, and ways. "There are two quite distinct classes of incorporeal her editaments: 1. Those which may ripen into corporeal her editaments. Thus a grant to A for life with remainder to Bin fee simple gave Ban incorporeal hereditament which becomes corporeal after A's death. 2. Those which can never become corporeal hereditaments but are merely rights over the land of another, e.g., rentcharges." Robert E. Megarry & M. P. Thompson, A Manual of the Law of Real Property 361 (6th ed. 1993). hereditary, adj. (15c) Ofor relating to inheritance; that descends from an ancestor to an heir. hereditary succession. See intestate succession under SUCCESSION (2). hereditas (ha-red-i-tas), n. [Latin] 1. Roman law. An inheritance by universal succession to a decedent. This succession applied whether the decedent died testate or intestate, and whether in trust (ex fideicom missa) for another or not. The comparable right under Praetorian law was bonorum possessio, possession of an inheritance that could be the basis of a right to succeed. 2. Hist. An estate transmissible by descent; an inheri tance. Also spelled haereditas. hereditas damnosa (hd-red~i-tas dam-noh-sd). A bur densome inheritance; an inheritance whose debts exceed its assets. hereditas jacens (hd-red-i-tas jay-senz). [Latin iaceo "to lie"] 1. Property belonging to an estate before an heir accepts it. This term had a similar meaning at common law. See ABEYANCE (2). "Hereditas jacens is the term applied to an inheritance which has not yet vested, an inheritance, that is to say, which has been 'delata' to a heres extraneus (i.e. vol un tarius), but has not yet been acquired by him." Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law 512 Uames Crawford Ledlie trans., 3d ed. 1907). 2. Hist. A decedent's estate that has no heir or legatee to take it; an escheated estate. -Also termed caduca. See ESCHEAT. 3. Hist. An inheritance without legal owner and thus open to the first occupant. hereditas legitima (hd-red-i-tas ld-jit-i-md). A suc cession or inheritance devolving by operation oflaw rather than by wilL See INTESTACY. hereditas luctuosa (ha-red-i-tas ldk-choo-oh-sa). A sad or mournful inheritance; one that disturbs the 795 natural order of mortality (turbato ordine mortali taUs), as that of a parent inheriting a child's estate. This term is more literary than legal. Also termed tristis successio. hereditas paterna (h<)-red-i-tas p<)-t;lr-n<). [Latin] Hist. A succession that descends through the father. hereditas testamentaria (h<)-red-i-tas tes-t<)-men tair-ee-<). Testamentary inheritance; succession to an estate under a decedent's will. heredity. (l6c) 1. Archaic. Intestate succession; the taking of an inheritance by common-law succession. 2. The genetic transmission of characteristics from a parent to a child; the biological law by which characteristics of a living being tend to repeat themselves in the being's descendants. herein, adv. (bef. 12c) In this thing (such as a document, section, or paragraph) <the due-process arguments stated herein should convince the court to reverse the judgment>. _ This term is inherently ambiguous. hereinafter, adv. (16c) Later in this document <the buyer agrees to purchase the property described hereinaf ter>. -Also loosely termed hereafter. herenach (her-<)-nak), n. [fro Old Irish airchinnich "chief man"] An archdeacon. -Also spelled erenach. hereof, adv. (bef. 12c) Of this thing (such as a provi sion or document) <the conditions hereof are stated in section 3>. heres (heer-eez), n. [Latin] Roman law. A successor to the rights and liabilities of a deceased person; an heir. -Because the heres succeeded to both the rights and the debts of the decedent, the office combined that ofa modern executor with that of an heir at law. The insti tution of the heres was the essential characteristic of a testament; if this was not done, the instrument was called a codicil/us. Also spelled (in Law Latin) haeres. Pl. heredes (hi:l-ree-deez) or (for haeres) haeredes. heres actu (heer-eez ak-t[y]oo). [Law Latin] Hist. Heir by appointment. heres astrarius (as-trair-ee-<)s). [Law Latin "heir ofthe hearth"] An heir who has received, by conveyance, an ancestor's estate during the ancestor's lifetime. heres de facto (di fak-toh). fLaw Latin "heir from fact"] Hist. 1. An heir whose status arises from the disseisin or other wrongful act of the heir's ancestor. See DIS SEISIN. 2. An heir in fact, as distinguished from an heir by law (de jure). heres ex asse (as-ee). [Latin "sole heir"] Roman law. An heir to the whole estate. heres ex testamento (eks tes-ti:l-men-to). See heres factus. heres extraneus (ek-stray-nee-i:ls). [Latin "extraneous heir"] Roman law. An external heir; one who had not been subject to the testator's power (potestas) and hence not bound to accept the inheritance. PI. heredes extranei (h<)-ree-deez ek-stray-nee-r). heretofore heres factus (fak-t<)s). [Latin "made heir"] An heir appOinted by will; a testamentary heir. Also termed heres ex testamento; heres institutus. Cf. heres natus. heres fideicommissarius (fI-dee-r -kom -<)-sair-ee-<)s). [Latin] Roman law. The person for whose benefit an estate was given by will to a fiduciary heir. -This office corresponds loosely to the cestui que trust ofthe common law. Cf. heres fiduciarius. heres fiduciarius (fi-d[y]oo-shee-air-ee-i:ls). [Latin "fidu

uciarius (fi-d[y]oo-shee-air-ee-i:ls). [Latin "fiduciary heir"] Roman law. A person made heir by will, in trust for the benefit ofanother; an heir subject to a trust. Cf. heres fideicommissarius. heres in mobilibus (heer-eez in moh-bil-i-b;}s). [Law Latin] Hist. Heir in movables. heres institutus (in-sti-t[y]oo-t<)s). See heres factus. heres legitimus (li:l-jit-i-m<)s). [Latin "lawful heir"] Roman law. An heir entitled to succeed (on intestacy) by the laws ofthe Twelve Tables. heres natus (nay-t<)s). [Latin "heir by birth"] An heir by reason ofbirth; an heir at law or by intestacy. Cf. heres factus. heres necessarius (nes-<)-sair-ee-<)s). [Latin "necessarv I heir"] Roman law. A slave freed on the testator's death , and thus compelled to accept the inheritance. i heres rectus (rek-ti:ls). [Law Latin] Hist. A right or proper heir. heres suus (s[y]oo-<)s). [Latin "one's own heir"] 1. A decedent's proper or natural heir; a lineal descendant ofthe deceased. 2. Roman law. A free person who was subject to the testator's power (potestas) but who could exercise full legal rights upon the testator's death. heres suus etnecessarius (s[y]oo-<)s et nes-<)-sair-ee-<)s). [Latin "one's own and necessary heir"] A free person subject to the decedent's potestas. -These heirs were called necessary because they became heirs by law, not by the decedent's choice. But since this was also true ofslaves, when named heirs in a will, the former class was deSignated suus et necessarius by way ofdistinc tion, the word suus denoting that the necessity arose from the relationship to the decedent. ultimus heres (;ll-ti-mas). The last or remote heir; the lord. heresy (her-<)-see), n. (l3c) 1. Opinion or doctrine contrary to (usu. Roman Catholic) church dogma. 2. Hist. In England, an offense against religion, consist ing not in totally denying Christianity, but in publicly denying some of its essential doctrines; an opinion on divine subjects devised solely by human reason, openly taught, and obstinately maintained. _ This offense is now subject only to ecclesiastical correction and is no longer punishable by the secular law. heretical, I adj. hereto, adv. (12c) To this document <the exhibits are attached hereto>. heretofore, adv. (l3c) Up to now; before this time <a question that has not heretofore been decided>. 796 hereunder hereunder, adv. (15c) 1. Later in this document <review the provisions hereunder before signing the consent form>. 2. In accordance with this document <notice hereunder must be provided within 30 days after the loss>. herewith, adv. (bef. 12c) With or in this document <enclosed herewith are three copies>. herezeld. Hist. In a feudal system, a vassal's best animal (esp. the best horse, ox, or cow), given in tribute to the superior upon the vassal's death. Also spelled hereyeld; herield. herield. See HEREZELD. heriot (her-ee-at), n. [fro Old English here "army" + geatwa "trappings"] Hist. A customary tribute ofgoods and chattels, payable to the lord of the fee on the tenant's death. Heriot derives from an earlier feudal service consisting of military equipment returned to the lord on the tenant's death; over time it came to refer only to the chattel payment due at the tenant's death. "We are told that the ancient heriot (heregeatu, military apparel) had at one time consisted ofthe horses and arms lent by the lord to his man which on the man's death were returned to the lord .... Turning to manorial surveys, we find it among the commonest of customs that when a tenant in villeinage dies, the lord shall have the best beast; sometimes a similar due is taken from the goods of the dead freeholder, and it is to these customary dues that the name 'heriot' permanently attaches itself." 1 Frederick Pollock & Frederic W. Maitland, The History ofEnglish Law Before the Time ofEdward 1312,317 (2d ed. 1898). heriot custom. A heriot due by custom . This term is used primarily to distinguish a heriot service from an ordinary heriot. heriot service. A tribute arising from special reserva tion in a grant or lease oflands, and thus amounting to little more than rent. herislit (her-a-sleet or hair-), n. [Old English] Hist. 1. The act ofsurrendering; laying down ofarms. 2. The crime ofdeserting from an army. heritable (her-i-ta-b;Jl), adj. (14c) 1. (Of property) capable of being inherited. [Cases: Descent and Distribution (;:~~~8.] 2. (Of a person) capable of inheriting. Also termed inheritable. [Cases: Descent and Distribution heritable blood. See BLOOD. heritable bond. See BOND (2). heritable jurisdiction. Hist. Scots law. The power of a laird to try his own people and hand down punish ments, including death . The laird or dan chief tradi tionally acted as a supreme court. There was no appeal from decisions and sentences were usu. carried out immediately. The Heritable Jurisdiction Act of 1748 abolished this power. heritable obligation. See OBLIGATION. heritable property. Scots law. See HERITAGE. heritable security. See SECURITY. heritage (her-i-tij), n. Scots law. Property that passed on death to the owner's heir; esp., land and all the property connected to it (such as a house). Also termed heri table property. Her Majesty's Stationery Office. See STATIONERY OFFICE. hermeneutics (h<lr-m;J-n[y]oo-tiks), n. (I8c) The art of interpreting texts, esp. as a technique used in critical legal studies. hermeneutical, hermeneutic, adj. Hermogenian Code. See CODEX HERMOGENIANUS. hesia (hee-zhee-a or hee-shee-a), n. [Law Latin] An easement. hetaerarcha (het-ar-ahr-b), n. [Greek hetaera "asso ciation" + archein "to rule"] Roman law. The head of a society, corporation, or college. hetaeria (ha-teer-ee-a), n. [Greek "association"] Roman law. A society, guild, or college; a fraternity. Also termed (in English) hetaery. heterologous, adj. Patents. Of, relating to, or constituting the DNA ofa foreign organism. heterologous artificial insemination. See artificial insemination by donor under ARTIFICIAL INSEMINA TION. heuristic (hyuu-ris-tik), adj. (1821) Ofor relating to a method oflearning or problem-solving by using trial and-error and other experimental techniques <heuris tic discovery methods>. HEW. abbr. The Department of Health, Education, and Welfare, a former agency of the U.S. government created in 1953. When the Department ofEducation was created in 1979, the name of HEW was changed to the Department of Health and Human Services (HHS). Heydon's case, rule in. See MISCHIEF RULE. HGN test. abbr. HORIZONTAL-GAZE NYSTAGMUS TEST. HHS. abbr. DEPARTMENT OF HEALTH AND HUMAN SERVICES. hiatus. Patents. A gap between the time when a parent application ceases to be pending (by abandonment or issuance) and the time a continuing application is filed. A hiatus breaks the chain ofcontinuity, so that later applications are not entitled to the effective filing date of the parent application. Cf. CONTINUITY (2). [Cases: Patents (;:::> 110.] hidage (hId-ij), n. Hist. A tax, payable to the Crown, based on every hide of land. -Also spelled hydage. See HIDE. "Of the same nature with scutages upon knights'-fees were the assessments of hydage upon all other lands, and of talliage upon cities and burghs. But they all gradually fell into disuse, upon the introduction of subsidies, about the time of king Richard II and king Henry IV." 1 William Black stone, Commentaries on the Laws ofEngland 300 (1765). hidalgo (hi-dal-goh or ee-dahl-goh), n. [fro Spanish hijo "son" + algo "property"] In Spain, a man belonging to the lower nobility; a gentleman of property. hidalguia (ee-dahl-gee-ya), n. [Spanish] In Spain, nobility by descent or lineage. 797 HIDC. abbr. HOLDER IN DUE COURSE. hidden asset. See ASSET. hidden defect. See DEFECT. hidden fraud. See fraudulent concealment under CON~ CEALMENT. hidden tax. See TAX. hide, n. Hist. (bef. 12c) 1. In England, a measure of land consisting in as much as could be worked with one plow, variously estimated as from 30 to 120 acres but probably determined by local usage . A hide was anciently employed as a unit oftaxation. Cf. CARUCATE. 2. As much land as would support one family or the dwellers in a mansion~house. -Also termed (in senses 1 & 2) hide land. 3. A house; a dweIling~house. hidegild (hId-gild), n. [Old English] Hist. A sum ofmoney paid by a villein or servant to avoid a whipping. -Also spelled hidgild; hydegeld; hudegeld. bidel (hId~;}1 or hid-all, n. [Old English] Hist. A hiding- place; a place of protection or sanctuary. hide land. 1. See HIDE (1). 2. See HIDE (2). high bailiff. See BAILIFF. High Commission Court. See COURT OF HIGH COMMIS SION. High Court. L See HIGH COURT OF JUSTICE. 2. See HIGH COURT OF JUSTICIARY. High Court ofAdmiralty. In England, a court exercis ing jurisdiction in matters relating to shipping, colli~ sian, and salvage cases . The court dates from the 14th century, and much of its early history concerns prize and piracy cases. Its jurisdiction varied through the centuries, sometimes extending into criminal matters and other areas oflaw not related directly to maritime issues. The Judicature Acts of 1873-1875 merged the Court into the High Court as part of the Probate, Divorce, and Admiraltv Division. The Administra tion ofJustice Act of 1970 established a new Admi ralty Court as part ofthe Queen's Bench Division ofthe High Court. It is regulated by the Supreme Court Act of 1981. Also termed Court ofthe Lord High Admiral; Court ofAdmiralty. Cf. ADMIRALTY (1). "To the office of the Lord High Admiral (originally a naval official concerned with the command of the fleet and the suppression of piracy and wrecking) there was annexed a court which acquired a jurisdiction over civil cases of a maritime nature. Just how and when this happened is too cloudy and controversial for simple or even accurate summary, but by the time of Richard II (1377~1400) the admiral and vice~admiral were transacting enough judicial business to move Parliament to limit their jurisdiction by statute to 'a thing done upon the sea,' and in Tudor times the court was well established as a court of record, doing a large civil business. It slowly but surely took away most of their business from the local maritime courts in the port towns, and attracted the easily aroused jealousy of the common law courts, as well as the dislike of those who feared it as a prerogative court .... These factors resulted in the rather anticlimactic eclipse of the court for almost two centuries." Grant Gilmore & Charles L. Black Jr., The Law ofAdmiralty 1~4, at 9~10 (2d ed. 1975). high-probability rule High Court ofChivalry. Hist. A court of honor having jurisdiction over matters relating to deeds ofarms and war, armorial insignia, and precedence. Also termed Court ofChivalry; Court ofEarl Marshal. See COURT OF HONOR. "This Curia Marescalli, or High Court of Chivalry, was revived by James I as a court of honour, which not only tried the right to distinctions of honour and coat armour but also redressed affronts to honour such as slander. The slander jurisdiction was later denied, leaving it with ajurisdiction probably confined to disputes over armorial bearings, which are determined according to the law of arms. The court, which has only sat once since 1737, is the last English court to use the procedure of the civil law:' J.H. Baker. An Introduction to English Legal History 142 (3d ed. 1990). High Court ofDelegates. See COURT OF DELEGATES. High Court of Errors and Appeals. See COURT OF ERRORS AND APPEALS. High Court ofJustice. The superior dvil court ofEngland and Wales. -Often shortened to High Court

ALS. High Court ofJustice. The superior dvil court ofEngland and Wales. -Often shortened to High Court. High Court of Justiciary (j;}-stish-ee-er~ee). Scots law. The superior criminal court ofScotland, acting both as a trial court and as a court offinal criminal appeaL -Its judges are Lords Commissioners ofJusticiary. -Often shortened to High Court. high crime. See CRIME. high degree ofcare. See great care under CARE. high diligence. See great diligence under DILIGENCE. higher court. See court above under COURT. higher scale. See SCALE (4). highest and best use. See USE (1). highest court. See COURT. highest degree ofcare. See CARE. highest proved value. See VALUE (2). high flier. Slang. A security that has strongly attracted public interest so that investors pay an unusually high price. highgrade, vb. 1. To steal rich ore, as from a mine by a miner. 2. To mine only esp. valuable ore (such as gold). high-grade security. See SECURITY. high justice. See rUSTICE (3). high-low agreement. (1980) A settlement in which a defendant agrees to pay the plaintiff a minimum recovery in return for the plaintiffs agreement to accept a maximum amount regardless of the outcome of the trial. Also termed hilo settlement. [Cases: Compro mise and Settlement c-'104.] highly prudent person. See REASONABLE PERSON. high-managerial agent. See AGENT (2). high misdemeanor. See MISDEMEANOR. high-probability rule. Marine insurance. The princi~ pIe that an insured may abandon a vessel if it appears extremely likely that a total loss is imminent. [Cases: Insurance C::>2237.] 798 high seas high seas. See SEA. high sheriff. See SHERIFF (1). high-test marriage. See covenant marriage under MARRIAGE (1). high treason. See TREASO:-.l. high-water line. See high-water mark under WATER MARK. high-water mark. See WATER MARK. highway. (bef. 12c) 1. Broadly, any main route on land, on water, or in the air. 2. A free and public roadway or street that every person may use. [Cases: Highways "Every thoroughfare which is used by the public, and is, in the language of the English books, 'common to all the king's subjects,' is a highway, whether it be a carriage way, a horse-way, a foot-way, or a navigable river. It is, says Lord Holt, the genus of all public ways." 3 James Kent, Commentaries on American Law *432 (George Comstock ed., 11th ed. 1866). 3. The main public road connecting towns or cities. 4. The entire width between boundaries of every publicly maintained way when part is open to public use for purposes ofvehicular traffic. common highway. A highway for use by the public for any purpose of transit or traffic. public highway. A highway controlled and maintained by governmental authorities for general use. [Cases: Highways (;:;018.] highway act. (usu. pl.) One of a body of statutes gov erning the laying out, construction, repair, and use of highways. Also termed highway law. [Cases: Highways C::>21.] highwayman. (17c) A highway robber; a person who robs on a public road. highway rate. Hist. In England, a tax for the mainte nance and repair ofhighways. highway robbery. See ROBBERY. highway tax. See TAX. high-yield bond. See BOND (3). high-yield debt obligation. See high-yield bond under BOND (3). higuela (ee-gay-Iah), n. Spanish law. A receipt given by a decedent's heir, setting forth what property the heir has received from the estate, and kept as a record. hijack, vb. (1923) 1. To commandeer (a vehicle or airplane), esp. at gunpoint. See CARJACK; SKYJACK. 2. To steal or rob from (a vehicle or airplane in transit). [Cases: Aviation C::;; 16; Robbery C::;;1.] 3. Hist. To rob by trickery or violence; esp., to rob (a smuggler or boot legger) and take illegal goods. Hilary Rules. (l9c) Hist. A collection of English pleading rules designed to ease the strict pleading require ments of the special-pleading system, esp. by limiting the scope of the general issue in the formed actions and by forCing the defendant to set up affirmatively all matters other than a denial ofthe breach ofduty or of the wrongful act. -Promulgated in England in the 1834 Hilary Term, these rules followed an 1828 initia tive to examine procedural laws and other subjects and to report to Parliament changes that might be enacted. The rules had the unintended effect of extending the reach ofstrict-pleading requirements into new areas of law. Widespread dissatisfaction with the Hilary Rules led to the liberalization of the pleading system under the 1873-1875 Judicature Acts. -Formerly also termed New Rules. "The failure of the Hilary Rules ... lay in their insistence on special pleading as it was understood late in the eighteenth century. That parties should plead precisely, and clarify as far as possible the issue between them, is one thing; that their endeavours to do so should be judged by the extremely artificial standards of the old system, was quite another." Theodore F.T. Plucknett, A Concise Hlstorv of the Common Law416 (5th ed. 1956). Hilary sittings. In England, a term of court beginning on January 11 ofeach year and ending on the Wednes day before Easter. _ The Hilary sittings were known as Hilary term until 1875. Cf. EASTER SITTINGS; MICHAEL MAS SITTINGS; TRINITY SITTINGS. hilo settlement. See HIGH-LOW AGREEMENT. Hilton doctrine. Civil procedure. The rule that in a dispute between parties to an oil-and-gas lease, royalty owners who would lose their rights if the defendant's lease were terminated are regarded as indispensable parties to a proceeding challenging the lease. Hilton v. Atlantic Refining Co., 327 F.2d 217 (5th Cir. 1964). [Cases: Mines and Minerals C=>78.7(2).] Himalaya clause. Maritime law. A provision in a bill of lading extending the carrier's defenses and limitations under the Carriage of Goods by Sea Act to third parties, typically employees, agents, and independent contrac tors. -The Supreme Court has held that this type of clause must be strictly construed. Robert C. Herd & Co. v. Krawilllviachinery Corp., 359 U.S. 297, 79 S.Ct. 766 (1959). See CARRIAGE OF GOODS BY SEA ACT. [Cases: Shipping C::;;, 140(1).] "The plaintiff was injured while a passenger on the cruise ship The Himalaya. She sued the master and the boatswain for their negligence because the carrier was contractually exempt from all liability. Because the contract did not have a 'Himalaya clause,' she succeeded. The carrier, having indemnified its employees, ultimately paid the damages. It thus lost its contractual exemption indirectly." Michael J. Sturley, International Uniform Law in National Courts, 27 Va.j. Int'l L. 729, 740 n.lOl (1987). hinc inde (hink in-dee). [Law Latin] Scots law. On either side. _ The phrase usu. refers to the respective claims of parties to a lawsuit. hine (hIn), 11. Hist. In England, a husbandry servant. Also spelled hind. hinefare (hIll-fair), n. Hist. In England, the loss or depar ture of a servant from the master. hinegeld (hIn-geld), n. Hist. A ransom for an offense committed by a servant. HIPAA (hip-;.}), abbr. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT. 799 hipoteca (ee-poh-tek-ah), n. Spanish law. A mortgage of real property. See HYPOTHECATION. hire, vb. (bef. 12c) 1. To engage the labor or services of another for wages or other payment. 2. To procure the temporary use of property, usu. at a set price. 3. To grant the temporary use of services <hire themselves out>. hired gun. (1971) Slang. 1. An expert witness who testi fies favorably for the party paying his or her often because of that financial relationship rather than because of the facts. 2. A lawyer who stops at nothing to accomplish the client's goals, regardless of moral consequences. hireling, n. A person who is hired or serves for wages, esp. one who works only for the sake of payments. [Cases: Labor and Employment ~23.] hire-purchase agreement. See LEASE-PURCHASE AGREE MENT. hiring. See LOCATIO. hiring at wilL See employment at will under EMPLOY MENT. his. (bef. 12c) A possessive pronoun of the masculine gender but traditionally used and construed to include both sexes. Because of the trend toward nonsexist language, careful drafters now tend to avoid the generic use of his (and the personal pronouns he and him) unless the reference is only to a male person. His Honor; Her Honor. (1827) L A third-person title customarily given to a judge. 2. A third-person title customarily given to the mayor of a city. 3. A third person title given by the Massachusetts Constitution to the lieutenant governor of the commonwealth. Cf. YOUR HONOR. his testibus (his tes-td-bds). [Law LatinI Hist. These being witnesses . The concluding clause of deeds and charters typically opened with these words, which stated the names of the witnesses to the instrument. This clause appeared in deeds and charters until the 16th century. -Also spelled hijs testibus; hiis testibus. historian. Parliamentary law. An officer charged with compiling or contributing to an organization's official history. historical cost. See acquisition cost (1) under COST (1). historical jurisprudence. See JURISPRUDENCE. historic bay. See BAY. historic-preservation law. An ordinance prohibiting the demolition or exterior alteration ofcertain historic buildings or of all buildings in a historic district. [Cases: Environmental Law C=.::>61-103.] historic site. A building, structure, area, or property that is Significant in the history, architecture, archaeology, or culture of a country, state, or city, and has been so deSignated by statute. _ A historic site usu. cannot be altered without the permission of the appropriate authorities. [Cases: Environmental Law (;-=>78.] hodgepodge act hit, n. (bef. 12c) 1. A physical strike. 2. Criminal law. A murder committed for money or on orders from a gang leader. 3. Criminal law. An instance ofthe taking ofa drug. 3. Intellectual property. A Single instance of a computer's connection to a Web page . Counters keep track of how many visitors a Web page attracts, and a large number of hits is a major selling point for advertising. 4. Intellectual property. A Web page identi fied by an Internet search engine as containing words matching a user's query. 5. A creative work that is a popular or a commercial Sllccess. hit-and-run statute. A law requiring a motorist involved in an accident to remain at the scene and to give certain information to the police and others involved. [Cases: Automobiles ~336.] hitherto, adv. (l3c) Until now; heretofore. H.L. abbr. HOUSE OF LORDS. HLA test. See HUMAN-LEUKOCYTE ANTIGEK TEST. HMO. abbr. HEALTH-MAINTENANCE ORGANIZATION. hoard, vb. (bef. 12c) To acquire and hold (goods) beyond one's reasonable needs, usu. because of an actual or anticipated shortage or price increase <hoarding food and medical supplies during wartime>. hohbler. Hist. In England, a light horseman or bowman; a tenant bound by his tenure to maintain a small light horse for military service. Hobbs Act. A federal anti-racketeering act making it a crime to interfere with interstate commerce by extor tion, robbery, or phYSical violence. 18 USCA 1951. See RACKETEER INFLUENCED AND CORRUPT ORGANI ZATIONS ACT. [Cases: Extortion and Threats Robbery ~1.] hobby loss. See LOSS. hoc. [Latin] This; with; by; in. hoc intuitu (hok in-t[y]oO-;}-t[y]oo). [Law Latin] Scots law. In this prospect. -The phrase appeared in refer ence to deeds executed in expectation ofan event, such as a marriage. hoc loco (hok loh-koh). [Law Latin] Hist. In this place. hoc nomine (hok nahm-<l-nee). [Law Latin] Hist. In this name. hoc ordine (hok or-di-nee). [Law Latin] Jlist. In this order. hoc titulo (hok tit-Y<l-loh ortich-d-loh). [Law Latin] Hist. Under this title.

ok tit-Y<l-loh ortich-d-loh). [Law Latin] Hist. Under this title. hodgepodge. (l5c) 1. HOTCHPOT (1). 2. An unorganized mixture. hodgepodge act. (1883) A statute that deals with incon gruous subjects. "Hodge-Podge Act. ... Such acts, besides being evident proofs of the ignorance of the makers of them, or of their want of good faith, are calculated to create a confusion which is highly prejudicial to the interests ofjustice, ... In many states bills, except general appropriation bills, can contain but one subject, which must be expressed in the title." 1 John Bouvier, Bouvier's Law Dictionarv 1444 (8th ed. 1914). 800 hold hold, n. l. An order to preserve something or to delay or postpone an action. litigation hold. A notice issued in anticipation of a lawsuit or investigation, ordering employees to preserve documents and other materials relevant to that lawsuit or investigation. [Cases: Federal Civil Procedure 2. Archaic. In England, tenure . This word occurs most often in conjunction with others -for example, freehold, leasehold and rarely in its separate form. See HOLDING (4). hold, vb. (bef. 12c) 1. To possess by a lawful title <Sarah holds the account as her separate property>. 2. (Of a court) to adjudge or decide as a matter of law (as opposed to fact) <this court thus holds the statute to be unconstitutional>. Cf. FI!'ID. 3. To direct and bring about officially; to conduct according to law <we must hold an election every two years>. 4. To keep in custody or under an obligation <I will ask the judge to hold you accountable>. 5. To take or have an estate from another; to have an estate on condition of paying rent or per forming service <James holds Hungerstream Manor under lease>. 6. To conduct or preside at; to convoke, open, and direct the operations of <Judge Brown holds court four days a week>. 7. To possess or occupy; to be in possession and administration of <Jones holds the office of treasurer>. holdback, n. An amount withheld from the full payment of a contract pending the other party's completion of some obligation, esp. to ensure that a contractor finishes the work agreed on beforehand. The terms of a holdback are typically expressed in the contract. The device gives the contractor an incentive to finish the work, and the other party security that the work will be finished. hold back, vb. holder. (14c) 1. A person who has legal possession of a negotiable instrument and is entitled to receive payment on it. [Cases: Bills and Notes G-~427(1).] 2. A person with legal possession of a document of title or an investment security. 3. A person who possesses or uses property. holder for value. (I8c) A person who has given value in exchange for a negotiable instrument. Under the UCC, examples of "giving value" include acquiring a security interest in the instrument and accepting the instrument in payment of an antecedent claim. UCC 3-303(a). -Also termed bona fide holder for value. [Cases: Bills and Notes G-~352.1 holder in due course. (1882) A person who in good faith has given value for a negotiable instrument that is complete and regular on its face, is not overdue, and, to the possessor's knowledge, has not been dishonored. Under UCC 3-305, a holder in due course takes the instrument free of all claims and personal defenses, but subject to real defenses. -Abbr. HDC; HIDe. Also termed due-course holder. [Cases: Bills and Notes P327-384.] holder in good faith. (18c) One who takes property or an instrument without knowledge of any defect in its title. holder of record. See STOCKHOLDER OF RECORD. hold harmless, vb. (18c) To absolve (another party) from any responsibility for damage or other liability arising from the transaction; INDEMNIFY. -Also termed save harmless. [Cases: IndemnityP25, 31(4).] hold-harmless agreement. (1939) A contract in which one party agrees to indemnify the other. Also termed save-harmless agreement. See INDEMNITY. [Cases: Indemnity (>~)25-33.1 hold-harmless clause. See INDEMNITY CLAUSE. holding, n. (15c) 1. A court's determination of a matter of law pivotal to its decision; a principle drawn from such a decision. Cf. OBITER DICTUM. [Cases: Courts (;=:>88.] 2. A ruling on evidence or other questions presented at trial. 3. (usu. pl.) Legally owned property, esp. land or securities. 4. Hist. In feudal law, tenure. holding cell. See JAIL. holding charge. (1949) A criminal charge of some minor offense filed to keep the accused in custody while pros ecutors take time to build a bigger case and prepare more serious charges. holding company. See COMPA~Y. holding-company tax. See TAX. holding over. 1. A tenant's action in continuing to occupy the leased premises after the lease term has expired. Holding over creates a tenancy at sufferance, with the tenant being referred to as a holdover. See tenancy at sufferance under TENANCY. [Cases: Landlord and Tenant (>:;;:090, 119(2).] 2. Parliamentary law. An offi cer's continued tenure beyond the term for which he or she was elected, usu. because a successor has not been elected or cannot yet assume the office. holding period. (1935) Tax. The time during which a capital asset must be held to determine whether gain or loss from its sale or exchange is long-term or short term. [Cases: Internal Revenue 0.:::>3260; Taxation 3465-3469.] holding zone. See ZONE. hold order. (1945) A notation in a prisoner's file stating that another jurisdiction has charges pending against the prisoner and instructing prison officials to alert authorities in that other jurisdiction instead of releas ing the prisoner. hold out, vb. (16c) I. To represent (oneself or another) as having a certain legal status, as by claiming to be an agent or partner with authority to enter into transac tions <even though he was only a promoter, Schwartz held himself out as the principal>. [Cases: Principal and Agent P99.] 2. To refuse to yield or submit; to stand firm <Womack held out for a higher salary and better benefits>. holdover clause. See TRAILER CLAUSE. holdover tenancy. See tenancy at sufferance under TENA:-.1CY. holdover tenant. See TENANT. hold pleas. Archaic. To hear or try cases. holdup. See STICKUP. holiday. See LEGAL HOLIDAY. holograph (hol-<l-graf), n. (17c) A document (such as a will or deed) that is handwritten by its author. The majority rule is that a holographic will need not be entirely handwritten -only the "material provi sions" to take into account the popular use of fill in-the-blank will forms. This is also the position of the Uniform Probate Code. -Also termed olograph; auto graph. Cf. ONOMASTIC; SYMBOLIC. [Cases: Wills 130-135.]- holographic, adj. holographic will. See WILL. holymote. See HALLMOTE (4). homage (hom-ij). (14c) In feudal times, a ceremony that a new tenant performed for the lord to acknowledge the tenure. _ This was the most honorable service that a free tenant might do for a lord. In the ceremony, kneeling before the lord, the tenant placed his hands between the lord's hands while saying, "I become your man from this day forward, oflife and limb and earthly honor, and to you will be faithful and loyal, and bear you faith, for the tenements that I claim to hold ofyou, saving the faith that lowe unto our sovereign lord the king, so help me God." "Homage is an oath of fidelity, acknowledging himself to be the lord's man: wherein the tenant must be ungirt, uncov ered, kneel upon both knees, and hold both his hands together between the lord's hands Sitting before him. This is to be done only to the lord himself." Sir Henry Finch, Law, or a Discourse Thereof143 (1759). homage ancestral (hom-ij an-ses-tr<ll). [Law French] A type ofhomage in which a tenant and the tenant's ancestors have held immemorially ofanother by the service ofhomage. -This long-standing relationship bound the lord to warrant the title and to hold the tenant clear of all services to superior lords. -Also spelled homage auncestral (aw-mahzh on-se-stral). homage liege (hom-ij leej). Homage due the sovereign alone as supreme lord, done without any saving or exception ofthe rights ofother lords. Also termed homagium ligium (h<l-may-jee-<lm II-jee-dm). homage jury. See JURY. homagio respectuando (h<l-may-jee-oh ri-spek-choo-an doh), n. [Law Latin "homage to the respected"] Hist. A writ to the escheator commanding the delivery ofseisin oflands to the heir ofthe king's tenant, even though the heir had not performed homage. homagium (ha-may-jee-<lm), n. [Law Latin] A formal ceremony in which a feudal tenant acknowledged the tenure granted by a lord; HOMAGE. homagium ligium. See homage liege under HOMAGE. homagium planum (play-n<lm), n. [Law Latin "plain homage"] Hist. A type of homage binding the homager to nothing more than fidelity, without obli gation either of military service or of attendance in the superior's courts. homagium reddere (red-<l-ree), n. [Law Latin "to renounce homage"] Hist. The process, prescribed in feudal law by a set form and method, by which a vassal disowns and defies the lord. homagium simplex (sim-pleks), n. [Law Latin "simple homage"] Hist. A type ofhomage that acknowledges tenure, while reserving the rights ofother lords. hombre bueno (awm-bray bway-noh), n. Spanish law. I. An arbitrator chosen by the parties to a suit. 2. A judge. 3. A citizen in good standing; esp., one who is competent to testify in a suit. home. (bef. 12c) A dwelling place. See FAMILY HOME. manufactured home. Secured transactions. A struc ture, transportable in one or more sections, that when traveling is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and that is built on a perma nent chassis and designed to be used as a dwelling with or without a permanent foundation when con nected to the required utilities, and that has within it plumbing, heating, air-conditioning, and electrical systems. UCC 9-102(a)(36). [Cases: Secured Trans actions matrimonial home. See matrimonial domicile under DOMICILE. tax home. See TAX HOME. home-equity line ofcredit. See home-equity loan under LOAN. home equity loan. See I,OAN. homeless shelter. See SHELTER. home loan bank. See FEDERAL HOME LOAN BANK. home office. 1. A corporation's principal office or head quarters. 2. (cap.) In England, the Department of the Secretary of State for Home Affairs, responsible for overseeing the internal affairs of the country. homeowners' association. See ASSOCIATION. homeowner's equity loan. See LOAN. homeowner's insurance. See INSURA::--lCE. homeowner's policy. See INSURANCE POLICY. Home Owners Warranty. A warranty and insurance program that, among other coverage, insures a new home for ten years against major structural defects. _ The program was developed by the Home Owners Warranty Corporation, a subSidiary ofthe National Association of Home Builders. Builders often provide this type of coverage, and many states provide similar warranty protection by statute. Also spelled Home Owners' Warranty. -Abbr. HOW. [Cases: Antitrust and Trade Regulation C=>208.] home port. See PORT. home-port doctrine. Maritime law. The rule mandat ing that a vessel engaged in interstate and foreign 802 home rule commerce is taxable only at its home port, usu. where the vessel is registered. [Cases: Taxation C:=>2212.J home rule. (1860) A state legislative provision or action allocating a measure of autonomy to a local govern ment, conditional on its acceptance ofcertain terms. Cf. LOCAL OPTION. [Cases: Municipal Corporations (;:::::65.] "Home rule in the United States was sometimes envisioned in its early days as giving the cities to whom such rule was granted full-fledged sovereignty over local affairs, thus bringing about dual state and local sovereignty along the national plan of federal and state governments. But such local sovereignty has never delleloped, nor have any clear cut distinctions between state and local power." Osborne M. Reynolds Jr., Handbook of Local Government Law 35, at 96 (1982).

ne M. Reynolds Jr., Handbook of Local Government Law 35, at 96 (1982). home-rule charter. See CHARTER (2). homestall. Rist. Homestead. home state. Family law. L 'Ihe state where a person is domiciled. 2. In an interstate child-custody dispute governed by the Uniform Child Custody Jurisdiction and Enforcement Act, the state where a child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the pro ceeding.lCases: Child CustodyC~'736.J home-state jurisdiction. See rURISDICTION. homestead. (bef. 12c) 1. The house, outbuildings, and adjoining land owned and occupied by a person or family as a residence. -As long as the homestead does not exceed in area or value the limits fixed by law, in most states it is exempt from forced sale for collection of a debt. Also termed homestead estate. See HOME STEAD LAW. [Cases: Homestead <:::=:>58-89.] business homestead. (1882) The premises on which a family's business is located . In some states, business homesteads are exempt from execution or judicial sale for most kinds of debt. [Cases: Homestead constitutional homestead. (1851) A homestead, along with its exemption from forced sale, conferred on the head of a household by a state constitution. -Also termed statutory homestead; pony homestead. [Cases: Homestead (;::">3,30.) pony homestead. See constitutional homestead. probate homestead. (1881) A homestead created by a probate court from a decedent's estate for the benefit of the decedent's surviving spouse and minor children. -Under most statutes providing for the creation of a probate homestead, it is exempt from forced sale for the collection of decedent's debts. The family can remain in the home at least until the youngest child reaches the age of majority. Many states allow the surviving spouse to live in the home for life. In a few states, such as Texas, the right to a probate home stead is constitutional. See family allowance, spousal allowance under ALLOWANCE; HOMESTEAD LAW. Cf. life estate under ESTATE (4). Homestead 134-153.] statutory homestead. See constitutional homestead. 2. A surviving spouse's right of occupying the family home for life . In some states, the right is extended to other dependents ofa decedent. [Cases: Homestead 140-143.] homesteader. (1872) One who acquires or occupies a homestead. [Cases: Homestead C:=> 16-29; Public Lands C:~'35.J homestead estate. See HOMESTEAD. homestead exemption. See HOMESTEAD LAW. homestead-exemption statute. See HOMESTEAD LAW. homestead law. (1847) A statute exempting a home stead from execution or judicial sale for debt, unless all owners, usu. a husband and wife, have jointly mort gaged the property or otherwise subjected it to credi tors' claims. -Also termed homestead exemption; homestead-exemption statute; homestead right. [Cases: Homestead C:=> 1, lIB.] "Almost all states also have legislative provisions, commonly referred to as homestead laws, designed to protect the family home from the reach of certain classes of creditors.... The protection afforded by an exemption statute is not absolute. A federal tax claim may be satisfied from 'exempt property.' A number of states make Similar exceptions for state taxes, claims for alimony and child support, materialmen and mechanics' liens. By statute in most states, case law in others, purchase money mort gages and security interests are generally not affected by an exemption statute." David G. Epstein & Steve H. Nickles, Consumer Law in a Nutshell 384-85 (2d ed. 1981). homestead right. See HOMESTEAD LAW. home-study report. Family law. A summary ofan inves tigation into a child's home, family environment, and background, usu. prepared by a social worker when a child has been removed from his or her home because of abuse or neglect, but also prepared after a similar inves tigation of the home of potential adoptive parents. Often shortened to home study. Also termed custody evaluation; social study. [Cases: Infants G:::>20B.J home-style exemption. Copyright. A provision in the u.s. Copyright Act allOWing for the public airing of radio and television broadcasts in public-accommo dation establishments, such as bars and restaurants, with immunity from liability for infringement. The exemption is so named because the equipment used for the airing must be a single receiver ofthe type typically found in homes. 17 USCA l10(5). [Cases: Copyrights and Intellectual Property C:=>67.1.] homicide (hom-J-Sld), n. (14c) 1. The killing of one person by another. [Cases: Homicide C:=>500.] 2. A person who kills another. -homicidal, adj. "The legal term for killing a man, whether lawfully or unlawfully, is 'homicide.' There is no crime of 'homicide.' Unlawful homicide at common law comprises the two crimes of murder and manslaughter. Other forms of unlawful homiCide have been created by statute: certain new forms of manslaughter (homicide with diminished responsibility, and suicide pacts), infanticide, and causing death by dangerous drilling." Glanville Williams, Textbook ofCriminal Law 204 (1978). criminal homicide. (I850) 1. Homicide prohibited and punishable by law, such as murder or manslaughter. [Cases: Homicide C=>525, 656.] 2. The act of pur posely, knowingly, recklessly, or negligently causing the death ofanother human being. Model Penal Code 210.1. "Criminal homicide is everywhere divided into categories that reflect the historical distinction in English law between murder and manslaughter. American statutory formations have varied the terminology and the precise classifications; many statutes create more than two forms of criminal homicide, for purposes of definition and/or punishment. These variations notwithstanding, it is usually possible to discern a category that corresponds to the common-law crime of murder, the paradigm of which is a deliberate killing without legal justification or excuse, and a category that corresponds to the common-law crime of manslaugh ter and comprises killings that either are committed in cir cumstances which substantially mitigate their intentional aspect or are not intentional. In common speech as well as in the law, murder refers to the most serious criminal homicides, and manslaughterto those that may be serious crimes for which a substantial penalty is imposed but lack the special gravity of murder: Lloyd L. Weinreb, "Homicide: Legal Aspects," in 2 Encyclopedia ofCrime and justice 855, 857 (Sanford H. Kadish ed., 1983). criminally negligent homicide. See negligent homicide. culpable homicide. Scots law. A wrongful act that results in a person's death but does not amount to murder. Cf. MANSLAUGHTER. excusable homicide. (18c) 1. Homicide resulting from a person's lawful act, committed without intention to harm another. [Cases: Homicide C=>750.] 2. See justifiable homicide (1). felonious homicide. (18c) Homicide committed unlaw fully, without legal justification or excuse. -This is the category into which murder and manslaughter falL homicide by abuse. (1989) Homicide in which the per petrator, under circumstances showing an extreme indifference to human life, causes the death of the perpetrator's dependent -usu. a child or mentally retarded person. [Cases: Homicide C=>533.] homicide by misadventure. See ACCIDENTAL KILLING. homicide per infortunium (par in-for-t[y]oo-nee-am). [Latin "homicide by misfortune"] (1856) The uninten tional killing ofanother while engaged in a lawful act; ACCIDENTAL KILLING. See PER INFORTUNIUM. [Cases: Homicide C=>762.] innocent homicide. (1884) Homicide that does not involve criminal guilt. justifiable homicide. (18c) 1. The killing of another in self-defense when faced with the danger ofdeath or serious bodily injury. -Also termed excusable homicide. See SELF-DEFENSE (1). 2. A killing mandated or permitted by the law, such as execution for a capital crime or killing to prevent a crime or a criminal's escape. [Cases: Homicide C=>752-756.] "It should be noted that a justifiable homicide is not criminal, since it is a killing which the law has either com manded or permitted: the actus in such a case is not legally punishable, and therefore we may perhaps say that it is an actus of killing which is not reus. As we shall see in most cases ofjustifiable homicide the killing is intentional, and therefore the mental element of criminal responsibility is clearly present: but there is no cri me com mitred since there is no actus reus." J,W. Cecil Turner, Kenny's Outlines ofCriminal Law 109 (16th ed. 1952). "English lawyers once distinguished between 'excusable' homicide (e.g. accidental non-negligent killing) and 'justifi able' homicide (e.9-killing in self-defence or in the arrest of a felon) and different legal consequences once attached to these two forms of homicide. To the modern lawyer this distinction has no longer any legal importance: he would simply consider both kinds of homicide to be cases where some element, negative or positive, required in the full definition of criminal homicide (murder or manslaughter) was lacking. But the distinction between these two differ ent ways in which actions may fail to constitute a criminal offence is still of great moral importance. Killing in self defence is an exception to a general rule making killing punishable; it is admitted because the policy or aims which in general justify the punishment of killing (e.g. protection of human life) do not include cases such as this. In the case of 'justification' what is done is regarded as something which the law does not condemn, or even welcomes." H.L.A. Hart, "Prolegomenon to the Principles of Punishment," in Punishment and Responsibility I, 13 (1968). negligent homicide. (1859) Homicide resulting from the careless performance of a legal or illegal act in which the danger of death is apparent; the killing ofa human being by criminal negligence. Also termed criminally negligent homicide. See criminal negligence under NEGLIGENCE. [Cases: Homicide C:~)708.1 "There is no common-law offense known as 'negligent homicide.' As a matter of the common law of crimes any killing below the grade of manslaughter is innocent homicide. Some of the new penal codes have a classifica tion scheme which (omitting degrees or other variations) divides criminal homicide into murder, manslaughter and criminally negligent homicide -or simply negligent homicide. For the most part, however, this has been achieved by removing from manslaughter the offense of homicide by criminal negligence and using this to consti tute the newly named offense. Thus, though there are a few exceptions, most states will have no homicide offense which would be below common-law manslaughter." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 116-17 (3d ed. 1982). nonfelonious homicide. A killing that is legally either excusable or justifiable. See excusable homicide; jus tifiable homicide. reckless homicide. (1866) The unlawful killing of another person with conscious indifference toward that person's life. Cf. MANSLAUGHTER. [Cases: Homicide C=>709.] vehicular homicide. (1952) The killing of a person as a result of the unlawful or negligent operation of a motor vehicle. Also termed automobile homicide. [Cases: Automobiles C=>342.1.] victim-precipitated homicide. 1. See suicide-by-cop under SUICIDE. 2. A killing provoked by the victim who conSciously intended to die at the hands of another person. _ This term applies loosely to any assisted suicide. Unlike most types of homicide, the victim bears some ofthe responsibility for causing his or her own death. willful homicide. (1860) The act ofintentionally causing a person's death, with or without legal justification. homicidium (hom+sI-dee-"m), n. [Latin "felling of a person") Homicide. homicidium ex casu (eks kay-s[y)oo). Homicide by accident. See ACCIDENTAL KILLING. homicidium ex justitia (eks j"s-tish-ee-,,). Homicide in the administration of justice, or in the carrying out ofa legal sentence. See justifiable homicide (2) under HOMICIDE. homicidium ex necessitate (eks nd-ses-i-tay-tee). Homicide from inevitable necessity, such as protect ing one's person or property. See justifiable homicide (I

Homicide from inevitable necessity, such as protect ing one's person or property. See justifiable homicide (I) under HOMICIDE. homicidium ex voluntate (eks vol-dn-tay-tee). Volun tary or willful homicide. See criminal homicide under HOMICIDE. homicidium in rixa (hom-a-sI-dee-dm in rik-s<l). [Law Latin] Scots law. Homicide committed in the course ofa brawl. "Homicidium in rixa .... Such crime amounts only to culpable homicide, and the pUnishment being in the dis cretion of the judge, varies according to the particular circumstances of each case. It is not punished capitally, because this crime lacks the previous malice essential to the crime of murder." John Trayner, Trayner's Latin Maxims 244 (4th ed. 1894). hominatio (hom-a-nay-shee-oh), n. [Law Latin] Hist. HOMAGE. homine capto in withernamium (hom-d-nee kap-toh in with-ar-nay-mee-dm). [Law Latin "for taking a man in withernam"] Hist. A writ for the arrest ofa person who had taken a bondman out of the country to prevent a replevy. See WITHERNAM. homine replegiando (hom-a-nee ri-plee-jee-an-doh). [Law Latin "for replevying a man") Rist. A writ to replevy a man out of prison, or out of the custody of a private person. homines (hom-a-neez), n. [Latin "men"] Hist. Feudal tenants entitled to have their causes and other matters tried only in their lord's court. See HOMO. homines ligii (II-jee-I). [Latin] Hist. Liege men; feudal tenants or vassals, esp. those who held immediately of the sovereign. homiplagium (hom-a-play-jee-am), n. [Law Latin] Hist. The maiming ofa person. hommes de fief (awm da feef), n. [French "men of the fief"] Hist. Feudal tenants; peers in the lords' courts. Also termed hommes feodaux. homo (hoh-moh), n. [Latin] Hist. 1. A male human. 2. A homo sapiens; a human being of either sex. 3. A slave. 4. A vassal; a feudal tenant. 5. A retainer, dependent, or servant. PI. homines. See HOMINES. homo alieni juris (ay-Iee-or al-ee-ee-m joor-is). See FILIUSFAMILIAS. homo chartularius (kahr-cha-Iair-ee-as). A slave man umitted by charter. homo commendatus (kom-dn-day-t<ls). A man who commends himself into another's power for protec tion or support. homo ecclesiasticus (e-klee-z[hlee-as-ti-kas). A church vassal; one bound to serve a church, esp. in an agri cultural capacity. homo exercitalis (eg-zi3r-sh,,-tay-lis). A man of the army; a soldier. homo feodalis (fyoo-day-lis). A fee man; a vassal or tenant who holds a fee. homo fiscalis (fis-kay-lis). A servant or vassal belong ing to the treasury (jiscus). Also termed homo fis calinus. homo francus (frangk-as). 1. In England, a freeman. 2. A Frenchman. homo ingenuus (in-jen-yoo-as). A free and lawful man; a yeoman. homo tiber (II-bar). 1. A free man. 2. A freeman lawfully competent to be a juror. 3. An allodial proprietor, as distinguished from a feudal tenant. See ALLODIAL. homo ligius (II-jee-as). A liege man, esp. the vassal of a king. homo novus (noh-vas). 1. A new tenant or vassal; one invested with a new fee. 2. A tenant pardoned after being convicted of a crime. homo pertinens (p;lr-ta-nenz). A feudal bondman or vassal; one belonging to the soil. homo regius (ree-jee-as). A king's vassal. homo Romanus (rd-may-nas). A Roman . A term used in Germanic law codes to describe the Roman inhab itants ofGaul and other former Roman provinces. homo sui juris (S [y] 00-1 joor-i8). See PATERFAMILIAS. homo trium litterarum (trI-"m lit-a-rair-am). [Latin "a man ofthree letters") A thief. The "three letters" refers to f, u, and r, for the Latin word fur ("thief"). homologacion. See HOMOLOGATION. homologare (hom-a-Ia-gair-ee), vb. [Law Latin] Civil law. 1. To confirm or approve; to consent or assent. 2. To confess. homologate (ha-mol-a-gayt), vb. Civil law. To approve or confirm officially <the court homologated the sale>. homologation (ha-mol-a-gay-sh<ln). Civil law. 1. Con firmation, esp. of a court granting its approval to some action. 2. The consent inferred by law from a party's failure, for a ten-day period, to complain of an arbi trator's sentence, of an appointment of a syndic (or assignee) of an insolvent, or of a settlement ofsucces sions. 3. A judge's approval of certain acts and agree ments to render them more readily enforceable. Also termed (in Spanish law) homologacion (oh-moh-Ioh gah-syohn). See judgment homologating the tableau under JUDGMENT. homologous artificial insemination. See artificial insemination by husband under ARTIFICIAL INSEMI NATION. homosexual marriage. See same-sex marriage under MARRIAGE (1). Hon. abbr. HONORABLE. honest claim. See nAIM (3). honeste vivere ([h]J-nes-tee VI-VJ-ree). [Latin] Roman law. To live honorably. _ Ihis was one of the three general precepts in which Justinian expressed the requirements of the law. Cf. ALTERliM NON LAEDEREj S1.JDM CUIQUE TRIBUERE. honest-services doctrine. See INTANGIBLE-RIGHTS DOCTRINE. honesty clause. See FULL-REPORTING CLAUSE (1). honesty defense. See DEFENSE (1). honor, n. (l3c) 1. In the United States, a courtesy title given to judges and certain other public officials. 2. (usu. pl.) In England, those dignities or privileges, degrees of nobility, knighthood, and other titles that flow from the Crown. 3. Hist. In England, a seigniory of several manors held under one baron or lord para mount. honor, vb. (l3c) 1. To accept or pay (a negotiable instru ment) when presented. [Cases: Banks and Banking (;::;:> 140(3); Bills and Notes ~24, 388,428.] 2. To recog nize, salute, or praise. Honorable. (I5c) A title of respect given to judges, members of the U.S. Congress, ambassadors, and the like <The Honorable Ruth Bader Ginsburg>. -Abbr. Hon. honorable discharge. See DISCHARGE (8). honorable-engagement clause. Reinsurance. An arbi tration provision in a reinsurance contract allowing the arbitrators to view the reinsurance arrangement reasonably -in line with the agreement's general purposes rather than strictly according to the rules oflaw or an unduly technical interpretation of contrac tuallanguage. [Cases: Insurance (;:::;)3626.] honorarium (on-J-rair-ee-Jm), n. (17c) 1. A payment of money or anything else of value made to a person for services rendered for which fees cannot legally be or are not traditionally paid. 2. A voluntary reward for that for which no remuneration could be collected by law; a voluntary donation in consideration of services that admit of no compensation in money. 3. Roman law. A gratuitous payment, esp. for professional services, as distinguished from compensation for physical labor. PI. honoraria; honorariums. Cf. MERCES. honorary, adj. (I6c) (Of a title or status) conferred in rec ognition ofmerit or service, but without the attendant rights, powers, or dutiesj nominal <honorary member>. -An honorary title or status may be granted without regard to whether the honoree ever held the title or status in fact. The honorarv title conferred on a former officer who has honorably retired from office is often "emeritus" or "emerita." See EMERITUS. honorary canon. See CANON (5). honorary feud. Hist. In England, a title of nobility descending to the eldest son only. See FEUD (1)-(3). honorary services. Hist. Special services rendered to the king by a person holding tenure of grand serjeanty. The services usu. consisted of carrying the royal banner or sword, or serving at the king's coronation as a butler, as a champion, or in some other capacity. honorary trust. See TRUST. honor crime. See CRIME. honor killing. See honor crime under CRIME. hooligan. 1. An unruly or mischievous person who causes trouble; a street-gang member. -This term is often associated with boisterous fans of British sporting events. 2. See HOOLIGAN TOOL. hooligan tool. A steel bar used by police officers and fire fighters to break open doors or windows. -Sometimes shortened to hooligan. Also termed halligan tool. horae juridicae (hor-ee juu-rid-i-see), n. pI. [Latin] Hist. Juridical hours. -The time during which judges sat in court to attend to judicial business. Also termed horae judicii (hor-ee joo-dish-ee-ee). horea (or-kah), n. Spanish law. 1. A gallows. 2. A stick for administering corporal punishment. 3. A deSignated place for administering corporal punishment. hordera (hor-deer-::I), n. [Law Latin] Hist. In England, a treasurer. -Also termed hordarius (hor-dair-ee-Js). horderium (hor-deer-ee-::Im), n. [Law Latin] Hist. In England, a hoard, treasury, or repOSitory. horizontal agreement. See horizontal restraint under RESTRAINT OF TRADE. horizontal competition. See COMPETITION. horizontal equality. In per capita distribution of an estate, parity of distribution among members of the same generation. See PER CAPITA. Cf. VERTICAL EQUALITY. horizontal-gaze nystagmus test (nis-tag-mJs). (1985) Criminal law. A field-sobriety test for intoxication, in which the suspect is told to focus on an object (such as a pencil) and to track its movement, usu. from side to side, by moving only the eyes. -Intoxication is indicated if the eyes jerk or twitch while tracking the object. -Abbr. HGN test. [Cases: Automobiles ~ 411.1 horizontal integration. See horizontal merger under MERGER. horizontal merger. See MERGER. horizontal nonprivity. See NONPRIVITY. horizontal price-fixing. See PRICE-FIXING. horizontal privity. See PRIVITY. horizontal-property act. A statute dealing with coop eratives and condominiums. horizontal restraint. See RESTRAINT OF TRADE. horizontal stare decisis. See STARE DECISIS. horizontal union. See craft union under UNION. hornbook. (16c) 1. A book explaining the basics of a given subject. 2. A textbook containing the rudimen tary principles ofan area oflaw. Cf. CASEBOOK. "Hornbook . .. The first book of children, covered with horn to keep it unsoiled." Samuel Johnson, A Dictionary of the English Language (1755). hornbook law. See BLACKLETTER LAW. hornbook method. (1895) A method oflegal instruction characterized by a straightforward presentation oflegal doctrine, occasionally interspersed with questions . The hornbook method predominates in civil-law coun tries, and in certain fields oflaw, such as procedure and evidence. -Also termed lecture method. Cf. CASEBOOK METHOD; SOCRATIC METHOD. horning, n. Hist. Scots law. 'Lhe denunciation ofa person as an outlaw. The term comes from the old ceremony of proclaiming a person outlawed in which the king's messenger gave three blasts on a horn. Also termed putting to the horn. horn tenure. 1. See CORNAGE (1).2. See CORNAGE (2). hors (or). [French]l. Out or out of. 2. Outside or outside of. hors de son fee (or d" son fee), n. [French "out ofhis fee"] Hist. A defensive plea in an action for rent or services by which the defendant alleged that the land in question was outside the plaintiff's fee. horse case. See WHITEHORSE CASE. horsehead. See PUMPING UNIT. horseshedding, n. (1931) The instructing of a witness favorable to one's case (esp. a client) about the proper method of responding to questions while giving testi mony. -Also termed woodshed

(esp. a client) about the proper method of responding to questions while giving testi mony. -Also termed woodshedding. Cf. SANDPAPER ING. horseshed, vb. hospitalaria. See HOSTILARIA. Hospitallers (hos-pi-t"l-arz). A military and religiOUS order founded in the 11th century and so called because it built a hospital at Jerusalem to care for pilgrims . The Crown seized all its lands and goods in England under the Grantees ofReversions Act (1540). The Hos pitallers still functions in several countries as a human itarian society. hospital lien. See LIEN. hospitator (hos-p"-tay-t,,r), n. [Law Latin] A host or entertainer. hospitatorcommunis (b-myoo-nis). A common inn keeper. hospitator magnus (mag-nas). The marshal ofa camp. hospitia (hah-spish-ee-a), n. [Latin] Inns. hospitia cancellariae (kan-sa-Iair-ee-I). Inns of chancery. hospitia communia (b-myoo-nee-a). Common inns. hospitia curiae (kyoor-ee-I). Inns ofcourt. hospiticide (hah-spit-,,-sld), n. (l7e) 1. The murder ofa host by a guest. 2. A host who murders a guest. hospitium (hah-spish-ee-am), n. [Latin] An inn; a house hold. hostage. (l3c) 1. An innocent person held captive by another who threatens to kill or harm that person if one or more demands are not met. Hostage-taking is a federal crime. 18 USCA 1203. Cf. KIDNAPPING. 2. Int'llaw. A person who is given or taken into an enemy's custody, in time ofwar, with his or her freedom or life to stand as security for the performance ofsome agreement made to the enemy by the belligerent power giving the hostage. [Cases: War and National Emer gency C=> 11.] hostelagium (hos-ta-Iay-jee-"m), n. [Law Latin] Hist. A right to receive lodging and entertainment, anciently reserved by lords in their tenants' houses. hosteler (hos-ta-Iar). (14c) 1. A person who stays in a youth hostel. 2. A stableman. 3. Archaic. A person who receives and entertains guests, esp. at a monastery. 4. Archaic. An innkeeper. See HOSTLER. hostes (hos-teez), n. pl. [Latin] Enemies. Sing. hostis (hos-tis). hostes humani generis (hyoo-may-m jen-a-ris). Enemies ofthe human race; specif., pirates. hosticide (hos-t,,-SId), n. (1848) 1. The killing of an enemy. 2. A person who kills an enemy. hostilaria (hos-ta-Iair-ee-,,), n. [Latin] A place or room in a religiOUS house used to receive guests and strang ers. -Also termed hospitalaria (hos-p,,-t,,-ler-[ee-] a). hostile, adj. (16c) 1. ADVERSE. 2. Showing ill will or a desire to harm. 3. Antagonistic; unfriendly. hostile act. See ACT OF HOSTILITY. hostile amendment. See AMENDMENT (3). hostile bidder. See CORPORATE RAIDER. hostile embargo. See EMBARGO (1). hostile-environment sexual harassment. See SEXUAL HARASSMENT. hostile possession. See POSSESSION. hostile propaganda. See PROPAGANDA. hostile takeover. See TAKEOVER. hostile witness. See WITNESS. hostility. (lSc) 1. A state ofenmity between individuals or nations. 2. An act or series ofacts displaying antago nism. 3. (usu. pl.) Acts ofwar. hostler ([h]os-lar). [fro hosteler] (l4c) Archaic. L A stable man; an ostler. 2. An innkeeper . By the 16th century, this term had lost its "innkeeper" sense, and referred exclusively to a stableman. hot bench. See BENCH. hot blood. See HEAT OF PASSION. hot cargo. (1938) Labor law. Goods produced or handled by an employer with whom a union has a dispute. hot-cargo agreement. (1957) Labor law. A voluntary agreement between a union and a neutral employer by 807 which the latter agrees to exert pressure on another employer with whom the union has a dispute, as by ceasing or refraining from handling, using, selling, transporting, or otherwise dealing in any of the products of an employer that the union has labeled as unfair. -Most agreements ofthis type were prohibited by the Landrum-Griffin Act of 1959. See LANDRUM GRIFFIN ACT. hot check. See bad check under CHECK. hotchpot (hoch-pot), n. (16c) 1. The blending ofitems of property to secure equality ofdivision, esp. as practiced either in cases ofdivorce or in cases in which advance ments of an intestate's property must be made up to the estate by a contribution or by an accounting. Also termed hotchpotch; hotchpot rule. [Cases: Descent and Distribution ~108; Wills ~762.J "In some states ... a child who has received his advance ment in real or personal estate, may elect to throw the amount of the advancement into the common stock, and take his share of the estate descended, or his distributive share of the personal estate, as the case may be: and this is said to be bringing the advancement into hotchpot, and it is a proceeding which resembles the collatio bonorum in the civil law." 4 James Kent, Commentaries on American Law"419 (George Comstock ed., 11th ed. 1866). "[TJhe distribution of the property among the children is subject to what is called the hotchpot rule, the purpose of which is to ensure that the shares of all the children shall be equal. The rule is that any money or property which the intestate has paid to, or settled on, or covenanted to settle on a child, either by way of advancement or in view of marriage, shall be brought into account and deducted from the share which is payable to that child under the intestacy." G.c. Cheshire, Modern Law of Real Property 783-84 (3d ed. 1933). 2. In a community-property state, the property that falls within the community estate. See COLLATIO BONORUM. 3. MAIN POT. hot court. See CO'C'RT. hot document. See DOC'C'MENT. hotel divorce. See DIVORCE. hotelkeeper. See INNKEEPER. hotelkeeper's lien. See LIEN. hot issue. See ISSUE (2). hot news. Intellectual property. Extremely time-sensitive or transient information that is usu. reliable for very brief periods, such as stock quotations. hot-news test. Intellectual property. A judicial test for determining whether a misappropriation claim is pre empted by the Sears-Compeo doctrine, consisting in analyzing whether, in addition to the elements ofcopy right infringement, the claim also requires proof of (1) time-sensitive information collected at a cost to the plaintiff, (2) unfair use of that information by a directly competing defendant who has made no similar invest ment, and (3) a consequent threat to the plaintiff's com mercial existence. hot-potato rule. The principle that a lawyer may not unreasonably withdraw from representing a client. _ The term comes from the rule's classic formulation: house bill "a firm may not drop a client like a 'hot potato: espe cially if it is in order to keep happy a far more lucra tive client." Picker Int'l, Inc. v. Varian Assocs., Inc., 670 F. Supp. 1363, 1365 (N.D. Ohio 1987). An exception may be allowed for a conflict of interest arising from circumstances beyond the control ofthe lawyer or the law firm. See thrust-upon conflict under CONFLICT OF INTEREST. [Cases: Attorney and Client (::::>20.] hot pursuit. (ISc) 1. See FRESH PURSUIT. 2. Int'llaw. The legitimate chase ofa foreign vessel on the high seas just after that vessel has violated the law of the pursuing country while within that country's jurisdiction. hot stock. See hot issue under ISSUE (2). hot-water ordeal. See ordeal by water (2) under ORDEAL. hour of cause. Scots law. The time at which a trial is to begin. housage (howz-ij). 1. A fee for storing goods. 2. The state ofbeing housed or the action ofhousing. house. (bef. 12c) 1. A home, dwelling, or residence. ancient house. Hist. In England, a house that has stood long enough to acquire an easement of support against the adjoining land or building. bawdy house. See DISORDERLY HOUSE (2). disorderly house. See DISORDERLY HOUSE. dwelling-house. See DWELLING-HOUSE. house ofcorrection. 1. A reformatory. 2. A place for the confinement of juvenile offenders or those who have committed crimes oflesser magnitude. Also termed house ofrefuge. [Cases: Infants ~271.1 house ofdetention. See JA I L. house ofillfame. 1. See BROTHEL. 2. See DISORDERLY HOUSE (2). house ofprostitution. See DISORDERLY HOUSE (2). house ofrefuge. See house ofcorrection. house ofworship. A building or place set apart for and devoted to the holding of religious services or exer cises or public worship; a church or chapel, or a place similarly used. [Cases: ReligiOUS Societies ~15.] public house. See PUBLIC HOUSE. 2. A branch of a legislature or a quorum of such a branch; esp., the lower chamber of a bicameral legis lature. 3. HOUSE OF REPRESENTATIVES. 4. HOUSE OF DELEGATES (1). houseage (howz-ij). A fee paid for housing goods, as by a carrier or at a wharf. house arrest. (1936) The confinement of a person who has been accused or convicted of a crime to his or her home, usu. by attaching an electronically monitored bracelet to the person. _ Most house-arrest programs require the offender to work and permit leaVing the home only for reasons such as work, medical needs, or community-service obligations. [Cases: Sentencing and Punishment ~2047.1 house bill. See BILL (3). housebote 808 housebote. See BOTE (1). housebreaking. (17c) The crime of breaking into a dwelling or other secured building, with the intent to commit a felony inside; BURGLARY . Burglary is now used more frequently than housebreaking. In England, for example, housebreaking was replaced in 1968 with statutory burglary, though the term is still used in Scots law. In some jurisdictions, housebreaking includes "breaking out" of a house that was entered without a breaking. [Cases: Burglary 1.] -housebreaker, n. "The oldest term for this purpose [i.e., of distinguishing between common-law burglary and its statutory enlarge ments], still encountered at times, is 'housebreaking'; a more recent suggestion is 'breaking and entering,' and peace officers sometimes speak of a 'breakin,''' Rollin M. Perkins & Ronald N. Boyce, Criminal Law 270 (3d ed. 1982). constructive housebreaking. A breaking made out by construction oflaw, as when a burglar gains entry by threat or fraud. -Also termed constructive breaking into a house. [Cases: Burglary houseburning. The common-law misdemeanor of inten tionally burning one's own house that is within city limits or that is close enough to other houses that they might be in danger of catching fire (even though no actual damage to them may result). -Also termed combustio domorum. Cf. ARSON. [Cases: Arson 2.] house counsel. See in-house counsel under COUNSEL. house-duty. Hist. English law. A tax first imposed in 1851 on inhabited houses. 14 & 15 Viet., ch. 36 (repealed 1924). This tax replaced the window tax, which levied a duty on houses with more than six windows. See window tax under TAX. household, adj. Belonging to the house and family; domestic. household, n. (14c) I. A family living together. 2. A group of people who dwell under the same roof. Cf. FAMILY. 3. The contents of a house. householder. (14c) 1. A person who keeps house with his or her family; the head or master of a family. 2. A person who has a household. 3. An occupier of a house. Cf. HEAD OF HOUSEHOLD. -householdership, n. household goods. See GOODS. house law. Hist. A regulatory code promulgated by the head of a royal or noble family, or of a prominent private family, governing intrafamily relationships and acts concerning events such as marriage, disposition of property, and inheritance . Such a code had no legal authority but was enforced within the family by personal and economic sanctions. house mark. See house trademark under TRADEMARK. house of assignation. See DISORDERLY HOUSE (2). House of Commons. The lower chamber of the British and Canadian parliaments. -Abbr. H.C.

2). House of Commons. The lower chamber of the British and Canadian parliaments. -Abbr. H.C. house of correction. See HOUSE. house of delegates. (18c) 1. (often cap.) The convention of many learned or profeSSional associations, includ ing the American Bar Association <the ABA House of Delegates>. Often shortened to House. -Also termed house ofrepresentatives. See CONVENTION (4). [Cases: Attorney and Client ~31.12. (cap.) The lower chamber of the state legislature in Maryland, Virginia, and West Virginia. [Cases: States ~26.1 house ofdetention. See JAIL. house ofill fame. 1. See BROTHEL. 2. See DISORDERLY HOUSE (2). house of ill repute. See DISORDERLY HOUSE. House of Lords. (l7c) The upper chamber of the British Parliament, of which the ll-member judicial com mittee provides judges who serve as the final court of appeal in most civil cases . In practice, the Lords sit as committees, usu. offive but occaSionally ofseven. Two committees may sit Simultaneously. -Abbr. H.L. Also termed Lords. "'House of Lords' is an ambiguous expression. It refers {ll to all the peers who choose to sit as the Upper House of the legislature (Parliament), and also (2) to a court consisting of the highest level of the judiciary." Glanville Williams, Learning the Law 8 (l1th ed. 1982). house of prostitution. See DISORDERLY HOUSE (2). house ofrefuge. See house ofcorrection under HOUSE. House of Representatives. (I8c) 1. The lower chamber of the U.S. Congress, composed of 435 members apportioned among the states on the basis of popu lation who are eJected to two-year terms. [Cases: United States 2. The lower house ofa state leg islature. -Abbr. H.R.; (in senses 1 & 2) H. Often shortened to House. [Cases: States ~26.] 3. HOUSE OF DELEGATES (1): -Often shortened (in all senses) to House. -Abbr. H.R. house ofworship. See HOUSE. house trademark. See TRADEMARK. housing code. See BUILDING CODE. housing court. See COURT. hovering act. Int'l law. A statute applying to a coastal country's criminal jurisdiction over ships, and persons ! aboard those ships, when the ships are outside the country's territory. 'The notion of hovering acts evolved long before that of a belt of uniform width in the form of territorial waters. Great Britain's first antismuggling legislation to operate at a stated distance seaward was in 1719, applying to the master of any ship 'found at anchor or hovering within two leagues from the shore.' Later enactments extended this limit to three, then four, then eight leagues. A statute of 1794 gave power to seize and confiscate customable goods in vessels 'found at anchor, or hovering' inside specific straight lines drawn between lines on the British coasts, thus resembling the 'King's Chambers' of the Stuart era. In 1805 the British Parliament extended the seizure limit to 100 leagues (300 miles) from the coasts of Great Britain and Ireland in respect of vessels 'belongi ng whOlly or in part to His Majesty's subjects, or whereof one-half of the persons on board shall be subjects of His Majesty,' Foreign-flag vessels could have fallen within this category. In the case of Le Louis (l 817) 165 E.R. 1464, the British Admiralty judge 809 Lord Stowell described these statutes as being permitted by 'the (ommon courtesy of nations for their convenience.''' Geoffrey Marston, "Hovering Acts," in 2 Encyclopedia of Public Intemational Law 884-85 (1995). HOW. abbr. HOME OWNERS WARRANTY. How say you? Archaic. (Asked of a jury) how do you find? howsoever, adv. (14c) In whatever way; however. H.R. abbr. HOUSE OF REPRESENTATIVES. H.R. 10 plan. See KEOGH PLAN. HSR Act. See HART-SCOTT-RODINO ANTITRUST IMPROVE MENT ACT. HTML. abbr. HYPERTEXT MARKUP LANGUAGE. http. abbr. HYPERTEXT TRANSFER PROTOCOL. hub-and-spoke conspiracy. See wheel conspiracy under CONSPIRACY. hue usque (h~k ~s-kwee), adv. [Latin] Hist. Hitherto. This term commonly appeared in pleadings. -Also spelled hucusque. HUD. abbr. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. hudegeld. See HYDEGELD. hue and cry. (lSc) Hist. 1. 1he pUblic uproar that, at common law, a citizen was expected to initiate after dis covering a crime. Also termed vociferatio; clamor. "Hue and Cry is the old Common Law mode of pursuing, 'with horn and voice: persons suspected of felony, or having inflicted a wound from which death is likely to ensue." 1Joseph Chitty, A Practical Treatise on the Criminal Law26 (2d ed. 1826). "All were obliged to pursue the criminal when the hue and cry was raised. Neglect of these duties entailed an amerce ment of the individual, the township or the hundred. The sheriffs and the constables were under special obligations, as conservatores pacis, to fulfil these duties." 1 William Holdsworth, A History ofEnglish Law 294 (7th ed. 1956). 2. The pursuit of a felon accompanying such an uproar. 3. A written proclamation for the capture of a felon. huggery. English law. Rare. A barrister's improperly ingratiating actions to curry favor with a solicitor for the purpose of gaining professional employment. _ Many consider huggery a breach of Bar etiquette, but it is not expressly forbidden. hui (hoo-ee), n. In Hawaiian law, an association of persons who own land together, usu. as tenants in common. [Cases: Associations (;:::> l; Sales 10; Tenancy in Common huissier (wee-syay), n. [French fro huis"door"] 1. French law. An usher ofa court; an officer (such as a marshal) who serves process. 2. Hist. In England, a ministerial officer attached to a court, responsible for service of process, issuing executions, and maintaining order during court sessions. hulk, n. (l7c) Hist. In England, a dismantled ship used as a prison . Living conditions in hulks were notoriously poor, and their use as prisons ended as part of the broad prison-reform movements of the mid-19th century. hundredor humanitarian doctrine. See LAST-CLEAR-CHANCE DOCTRINE. humanitarian intervention. See INTERVENTION. humanitarian law. Int'l law. Law dealing with such matters as the permissible use of weapons and other means of warfare, the treatment of prisoners of war and civilian populations in armed conflicts, and generally the direct impact of war on human life and liberty . Most existing rules composing humanitarian law are codified in the Geneva Conventions and their proto cols. human-leukocyte antigen test. A medical process of analyzing the blood sample of a man in a paternity or legitimacy case by comparing certain indicators with the child's blood. Abbr. HLA test. See BLOOD GROUPING TEST. Cf. GENETIC-MARKER TEST. [Cases: Children Out-of-Wedlock (;:::>45,58.] human rights. (ISc) The freedoms, immunities, and benefits that, according to modern values (esp. at an international level), all human beings should be able to claim as a matter of right in the society in which they live. See UNIVERSAL DECLARATION OF HUMAN RIGHTS. [Cases: Civil Rights (;::::::> 1026.] human trafficking. See TRAFFICKING. hundi. See HAWALA. hundred. (bef. 12c) 1. Formerly, a county subdivision that had its own local court. 'The hundred was a group of adjoining townships. It may have consisted of an area taxed at one hundred hides. Other explanations of the term 'hundred' are that the unit may have consisted of one hundred households, or the area had to supply one hundred fighting men for the national defence." L.B. Curzon, English Legal History 7 (2d ed. 1979). 2. The populace of such a subdivision. 3. See hundred court under COURT. 4. In the United States, a politi cal division derived from the English county division. Hundreds existed in colonial Delaware, Maryland, Pennsylvania, and Virginia. Today, they exist only in Delaware. hundredal (hun-dri-d<ll), adj. hundredarius (h~n-dri-dair-ee-~s), n. [Law Latin] Hist. 1. HUNDREDARY. 2. HUNDREDOR (1). hundredary (him-dri-der-ee), n. [Law Latin] Hist. The chief or presiding officer of a hundred. Also termed hundredarius. hundred court. See COURT. hundredes earldor (h;m-dridz <lrl-d~r), n. [Latinized Old English] Hist. The presiding officer in a hundred court. -Also termed hundredes man. hundred moot. See hundred court under COURT. hundredor (h<lll-dri-d~r), n. Hist. l. A freeholder of a hundred who can sue in, or act as judge of, a hundred court. 2. A person who has been empaneled (or is fit to be empaneled) on a hundred-court jury, and who dwells within the hundred where the cause of action arose. 3. An officer who has jurisdiction of a hundred and who holds the hundred court. 4. The bailiff of a hundred. hundredpenny (han-drCld-pen-ee), n. Hist. A tax or due that in medieval times was levied in a hundred. See HUNDRED (1), (2). hundred rolls. Hist. Records that list the various feudal tenancies and feudal obligations existing among English lords and tenants. The hundred rolls were compiled in 1274-1275 by royal commissioners from inquiries put to hundred-court juries in order to alert the Crown to the existence offeudal relationships that infringed on royal prerogatives (and thereby royal revenue). hungjury. See JURY. Huntley hearing. In New York practice, a pretrial hearing in a criminal case to determine the admissibility of a defendant's statement. The hearing usu. follows a defen dant's motion to suppress an involuntary statement. The name derives from People v. Huntley, 204 N.E.2d 179 (N.Y. 1965), in which the court held that a judge in a criminal trial must conduct a preliminary hearing to determine whether, beyond a reasonable doubt, a defendant's confession was made voluntarily. [Cases: Criminal Law C-~414.] hurto (oor-toh), n. Spanish law. Theft; larceny; stealing. husband. (Bc) A married man; a man who has a lawful spouse living . Etymologically, the word signified the house bond, the man who, according to Saxon ideas and institutions, held around him the family, for which he was legally responsible. [Cases: Husband and Wife C=>l.] common-law husband. The husband in a common-law marriage; a man who contracts an informal marriage with a woman and then holds himself out to the com munity as being married to her. See common-law marriage under MARRIAGE (1). [Cases: Marriage 13.] husbandlike and proper. (Ofland cultivation or man agement) according to the locale's usual practices. husbandman. Archaic. A farmer. husbandria (h;n-bCln-dree-Cl), n. [Law Latin] Hist. HUS BANDRY. husbandry. (14c) 1. Agriculture or fanning; cultivation of the soil for food . In some states, tools and equip ment used in farming are exempt from forced sale for collection of a debt. [Cases: Exemptions C=>45.] 2. Generally, care of a household; careful management of resources. husband-wife immunity. See IMMUNITY (2). husband-wife privilege. See marital privilege under PRIVILEGE (3). huscarle (hoos-kahrl), n. [Old English] Rist. L A house servant or domestic; a man ofthe household. 2. A king's vassal, thane, or baron; an earl's man or vassal. husfastne (hoos-fas[t]-Cln), n. [Old English] Hist. A person who holds house and land; a man bound to a frankpledge. husgablum (hoos-gab-l;)m), n. [Old English) Hist. A tax or tribute levied upon a house; house rent. hush money. (l8c) Slang. A bribe to suppress the dis semination ofcertain information; a payment to secure silence. husting. (usu. pl.) [Old English] (bef. 12c) 1. Hist. A delib erative assembly, esp. one called by the king or other leader. 2. Hist. COURT OF HUSTINGS. 3. Hist. The raised platform used by officials of the Court ofHustings. 4. Hist. The raised platform used to nominate candidates

The raised platform used by officials of the Court ofHustings. 4. Hist. The raised platform used to nominate candidates for Parliament. This practice ended after passage of the Ballot Act in 1872. 5. Any place where political campaign speeches are made. hutesium et clamor (h[y]oo-tee-z[h]ee-Clm et klam-;)r). [Law Latin] HUE AND CRY. hybrid action. Labor law. A lawsuit in which a union member asserts claims against the employer for breach of a collective bargaining agreement, and against the union for breach of the duty of fair representation. [Cases: Labor and Employment C:~)1219(1), 1319.J hybrid class action. See CLASS ACTION. hybrid mark. See composite trademark under TRADE MARK. hybrid security. See SECURITY. hybrid trademark. See composite trademark under TRADEMARK. Hyde Amendment. A federal law that prohibits the use of Medicaid funds for abortions except when neces sary to save the mother's life, and that prohibits feder ally funded family-planning programs from providing abortion counseling . The bill was sponsored by Rep resentative Henry Hyde of Illinois. [Cases: Abortion and Birth Control C=>126; Health C=>480.J hydegeld (hId-geld), n. Rist. 1. In England, a discharge for an assault on a trespassing servant. 2. HIDEGILD. Also spelled hudegeld. Hydraflow test. (1996) A principle for deciding when an inadvertent disclosure of a privileged document is a waiver ofthe attorney-client privilege, whereby the court considers the reasonableness ofthe precautions taken to prevent the inadvertent disclosure, the number ofdisclosures involved, the extent ofthe disclosure, the promptness ofany efforts to remedy the disclosure, and whether justice would be best served by permitting the disclosing party to retrieve the document. Hydraflow, Inc. v. Enidine, Inc., 145 F.R.D. 626 (W.D.N.Y. 1993). Also termed middle-of-the-road test. Cf. lenient test; strict test. [Cases; Privileged Communications and Confidentiality C=> 168.] hyperlink. (l988) Intellectual property. An element on a Web page usu. a word, phrase, or graphic, but some times a Single pixel that, when clicked on, takes the user to another part ofthe same website or to a differ ent website. A copyright violation occurs ifa person knows or has reason to know that a link will be used for unauthorized copying, and creates a link to encourage or contribute to wrongful copying. -Often shortened 811 hypothetical-person defense to link. [Cases: Copyrights and Intellectual Property <::-::;::'67.3.] -hyperlink, vb. hypertext markup language. The programming code used on websites to format text and provide links between resources. -Abbr. HTML. hypertext transfer protocol. The set of programmed rules that enable computers to exchange information over the Internet . Browsers use http to contact other computers. Abbr. http. hypobolum (hi-pob-a-Iam), n. [Latin fro Greek] Civillaw. A legacy given to a wife, in addition to her dowry, on the death ofher husband. PI. hypobola. hypothec (hI -poth-ek or hi-). (16c) Civil law. A mortgage given to a creditor on property to secure a debt; HYPOTHECA. landlord's hypothec. Scots law. The lessor's right of security for rent in articles, furniture, and equip ment (other than tools ofthe tenant's trade) that the tenant brought onto the leased premises. -Unlike the English remedy of distress, the right of security is effected only by the lessor's application to the court for a decree of sequestration. Until 1880, a landlord could assert the lien against a tenant's crops and stock as well as personal property. See SEQUESTRATION FOR RENT. mariner's hypothec. 1. A lien that a seaman, freighter, or repairer can assert against a ship for payment of wages or other sums due. 2. A shipowner's lien against the ship's cargo for the freight costs. solicitor's hypothec. A legal agent's lien for costs in excess of the costs recovered from an opposing party. The lien may also apply to the retention of some documents, such as title deeds, as security for a client's outstanding account. hypotheca (hI-prl-thee-krl or hip-a-), n. [Latin fro Greek] Roman law. A mortgage ofproperty in which the debtor was allowed to keep, but not alienate, the property. "Yet another mode of creating a security is possible, by which not merely the ownership of a thing but its posses sion also remains with the debtor. This is called by the Roman lawyers and their modern followers 'hypotheca.' Hypothecs may arise by the direct application of a rule of law, by judicial decision, or by agreement." Thomas E. Holland, The Elements ofJurisprudence 235 (13th ed. 1924). hypothecaria actio (hI-poth-rl-kair-ee-a ak-shee-oh). [Latin] Roman law. A hypothecary action; an action to enforce a mortgage or to obtain the surrender ofthe thing mortgaged. Also termed actio hypothecaria. See hypothecary action under ACTION. hypothecarii creditores (hI-poth-a-kair-ee-I kred-a-tor eez). [Latin] Roman law. Hypothecary creditors; those who lent money on the security of a hypotheca. hypothecary (hI-poth-rl-ker-ee), adj. (I7c) Of, relating to, or involving a hypothec or hypothecation. hypothecary action. See ACTION (4). hypothecary debt. See DEBT. hypothecate (hI-poth-a-kayt), vb. (l7c) To pledge (property) as security or collateral for a debt, without delivery oftitle or possession. hypothecation (hr-potha-kay-sh,m), n. (l7c) The pledging of something as security without delivery of title or possession. [Cases: Pledges C-:J 1-26; Secured Transactions C-::> 1.] -hypothecator (hI-poth-rl-kay tar), n. general hypothecation. 1. A debtor's pledge to allow all the property named in the security instrument to serve as collateral and to be used to satisfy the out standing debt. 2. See tacit hypothecation (I), (2). tacit hypothecation. 1. Civil law. A type of lien or mortgage that is created by operation of law and without the parties' express agreement. -Also termed tacit mortgage. 2. See maritime lien under LIEN. hypothecation bond. See BOND (2). hypotheque (ee-poh-tek), n. French law. Hypothecation; the right vested in a creditor by the assignment to the creditor ofreal estate as security for a debt, whether or not accompanied by possession . Hypotheque may be legale, as the charge that the state has over the lands of its accountants, or that a married woman has over the lands ofher husband;judiciaire, when it is the result of a judgment ofa court ofjustice; or conventionelle, when it is the result ofthe parties' agreement. hypothesis (hl-poth-;J-srls). (16c) 1. A supposition based on evidence but not proven; a proposed explanation, supported by evidence, that serves as a starting point for investigation. 2. A theory or supposition proposed for the sake ofdebate. hypothetical, adj. (16c) 1. Involving tentative theory or supposition adopted proviSionally; assumed or postu lated merely for the sake ofargument. hypothetical, n. (17c) A proposition or statement that is presumed true for the sake oflogical analysis or debate. Hypotheticals are often used as teaching tools to illustrate the application oflegal principles or to explore the potential consequences of words and actions. See HYPOTHETICAL QUESTION. hypothetical contract. See conditional contract under CONTRACT. hypothetical creditor. See CREDITOR. hypothetical lien creditor. See hypothetical creditor under CREDITOR. hypothetical negotiation. A judicial construct used to calculate damages in a patent-infringement suit by arriving at a figure that would have been reasonable royalty acceptable to both parties. [Cases: Patents 318(4.1).] hypothetical-person defense. (1979) An entrapment defense in which the defendant asserts that an under cover law-enforcement officer (or person acting at the law-enforcement officer's direction) encouraged the defendant to engage in the criminal conduct either by making false representations deSigned to convince the defendant that the conduct was not prohibited, or by 812 hypothetical pleading using persuasive methods that created a substantial I hypothetical question. (1826) A trial device that risk that the charged offense would be committed by a person who was not otherwise inclined to commit it. This defense has been adopted by a minority ofstates and by the Model Penal Code. -Also termed objective method. See Model Penal Code 2.13. Cf. SHERMAK SORRELLS DOCTRINE. [Cases: Criminal Law hypothetical pleading. See PLEADING (1). solicits an expert witness's opinion based on assump tions treated as facts established by evidence. -Also termed abstract question. [Cases: Criminal Law 485; Evidence C=551; Witnesses C=237.J hypothetical tenant. Hist. A fictional person used for assessing property taxes, which are based on what the person would pay to lease the property. I IABA. abbr. INTER-AMERICAN BAR ASSOCIATION. IAF. abbr. INTER-AMERICAN FOUNDATION. IAIP. abbr. INFORMATION ANALYSIS AND INFRASTRUC TURE PROTECTION DIRECTORATE. ibi. [Latin] There and then. ibid. (ib-id). abbr. [Latin ibidem] (17c) In the same place. This abbreviation, used in citations (mostly outside law), denotes that the reference is to a work cited imme diately before, and that the cited matter appears on the same page ofthe same book (unless a different page is specified). Also termed lb. Cf. ID. ICANN. abbr. INTERNET CORPORATION FOR ASSIGNED NAMES AND :-lUMBERS. ICC. abbr. 1. I:-ITERSTATE COMMERCE COMMISSION. 2. INTERNATIONAL CRIMINAL COURT. ICJ. abbr. INTER:-IATIONAL COURT OF JUSTICE. ICPC. abbr. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN. ICSID (ik-sid). abbr. INTERNATIONAL CENTRE FOR SET TLEMENT OF INVESTMENT DISPUTES. ICWA. abbr. INDIAN CHILD WELFARE ACT. id. (id). abbr. [Latin idem] (17c) The same . ld. is used in a legal citation to reter to the authority cited imme diately before <Id. at 55>. Cf. IBID. IDA. abbr. INVESTMENT-DIRECTION AGREEMENT. IDEA. abbr. INDIVIDUALS WITH DISABILITIES EDUCA TION ACT. idea-expression dichotomy. Copyright. The fundamen tal rule that copyright law protects only specific expres sions ofan idea, not the idea itself. [Cases: Copyrights and Intellectual Property C=4.5.] idem per idem (I-dem par I-dem). [Latin) The same for the same . This phrase refers to an illustration that adds nothing to a matter under consideration. idem sonans (I-dem soh-nanz), adj. [Latin] (1856) (Of words or names) sounding the same, regardless of spelling <the names Gene and Jean are idem sonans>. In trademark law, the term designates a name that sounds close enough to a registered trademark to create confusion among consumers and infringe that mark, so the Steinway company was able to prevent a competitor from registering "Steinberg" for the name ofits pianos. [Cases: Names C=16; Trademarks (~J1098.] 'The names of parties should be correctly spelled, but misspelling which does not change the sound works no harm; it matters not how incorrectly names are spelled, if they are idem sonans (the same sound)." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 186 (2d ed. 1899). idem sonans (I-dem soh-nanz), n. [Latin] (1848) A legal doctrine preventing a variant spelling of a name in a document from voiding the document ifthe misspell ing is pronounced the same way as the true spelling. [Cases: NamesC=16.] identification interrogatory. See INTERROGATORY. identification of goods. (1887) A process that enables a buyer to obtain an identifiable (and therefore insur able) interest in goods before taking possession from the seller . The goods are identified in any manner agreed to by the parties. UCC 2-501. [Cases: Sales ~199,208.] identification parade. See LINEUP. identified adoption. See private adoption under ADOPTION. identify, vb. (I8c) L To prove the identity

ified adoption. See private adoption under ADOPTION. identify, vb. (I8c) L To prove the identity of(a person or thing) <the witness identified the weapon>. 2. To look upon as being associated (with) <the plaintiff was iden tified with the environmental movement>. 3. To specify (certain goods) as the object ofa contract <identify the appliances to the contract>. See IDENTIFICATION OF GOODS. [Cases: Sales C=199,208.] identifying material. Copyright. A portion or represen tation of an entire work deposited with the U.S. Copy right Office . A copyright registrant is required to deposit at least one complete copy of the work, and often two. If a trade secret would be disclosed by a deposit or the work's nature (e.g., a holograph) makes deposit difficult, a substitution is acceptable. Common forms of identifying material are drawings, photocopies, and selected pages ofsoftware code and databases. [Cases: Copyrights and Intellectual Property C-::: 50.10.] identikit. A collection ofpictures offacial features, used by police to create a composite image ofa suspect from witnesses' descriptions . In Great Britain, the result ing image is called a photofit. identitate nominis (I-den-ti-tay-tee nom-a-nis). See DE IDENTITATE NOMINIS. identity. (16c) 1. The identical nature of two or more things; esp., in patent law, the sameness in two devices ofthe function performed, the way it is performed, and the result achieved . Under the doctrine of equiva lents, infringement may be found even if the accused device is not identical to the claimed invention. See DOCTRINE OF EQUIVALENTS. [Cases: Patents 234-237.] 2. Evidence. The authenticity of a person or thing. [Cases: Criminal Law 339.5; Evidence C=102.] identity of interests. (18c) Civil procedure. A relation ship between two parties who are so close that suing one serves as notice to the other, so that the other may be joined in the suit. Fed. R. Civ. P. 15(c)(l)(c). [Cases: Limitation ofActions C=> 127.] identity ofparties. (1803) Civil procedure. A relationship between two parties who are so close that a judgment against one prevents later action against the other because ofres judicata. [Cases: Judgment C=>624-631, 665-678.] identity theft. The unlawful taking and use of another person's identifying information for fraudulent purposes. Cf. GHOSTING. [Cases: False Pretenses 19.] ideo (I-dee-oh), adv. [Latin] "Therefore: for that reason. ideo consideratum est (I-dee-oh k;m-sid-d-ray-tdm est). [Latin] Hist. Therefore it is considered . "These words often prefaced a judgment at common law, and came to refer to the judgment itself. Cf. CONSIDERATUM EST PER CURIAM. ideological aggression. 1. See hostile propaganda under PROPAGANDA. 2. See subversive propaganda under PRO PAGANDA. Ides (Idz), n. [fr. Latin idus (pl.)] Roman law. In the Roman calendar, the ninth day after the Nones, being the 15th ofMarch, May, July, and October, and the 13th of the other months . In the calculation of the day, Nones is the first day counted. Cf. CALENDS; NONES. idiochira (id-ee-oh-kI-ra). [Greek "one's own hand"] Hist. An instrument executed privately, rather than before a public officer; esp., a deed written in one's own hand. idiocy. Archaic. The condition of a person who, from birth, has never had any glimmering of reasoning or intellectual faculties. Also termed idiopathic insanity. idiot. A person afflicted with profound mental retarda tion. This term has largely fallen out ofuse in modern legal and medical contexts. Cf. IMBECILE. idiota (id-ee-oh-ta). [Latin] Civil law. 1. An unlearned, simple person. 2. A private person; one not in public office. idiota inquirendo (id-ee-oh-ta in-kwI-ren-doh or in-kw<l-ren-doh). See DE IDIOTA INQUIRENDO. id non agebatur (id non aj-d-bay-t<lr). [Law Latin] Scots law. That was not done. "The meaning of the words as they occur here is this: the deceased, when he valued the subjects, did not intend to depreciate their value for the purpose of benefiting the executor, -this was not in his consideration at all this was not what he did (id nan agebatur) by the valuation; therefore, the executor is bound for the true value of the subjects." John Trayner, Trayner's Latin Maxims 245 (4th ed. 1894). idoneis argumentis (l-doh-nee-is ahr-gyoo-men-tis). [Law Latin] Hist. By suitable arguments. idoneitas (I-doh-nee-;>-tas). [fro Latin idoneus "suitable"] Hist. A person's ability or fitness. ~Also termed idoneity. idoneum sefacere; idoneare se (I-doh-nee-am see fay-sa ree; r-doh-nee-air-ee see). [Law Latin "to make oneself sufficient; to clear oneself"] Hist. To purge oneself, by oath, ofa crime that one is accused of committing. idoneus (I-doh-nee-;)s), adj. [Latin] Roman law. (Of a person or thing) appropriate or suitable . A respon sible or solvent man, for example, was known as an idoneus homo, while a pledge of sufficient security was termed idonea cautio. Also spelled (in English) idoneous. IDP. abbr. INTERNALLY DISPLACED PERSON. IDS. abbr. INFORMATION-DISCLOSURE STATEMENT. i.e. abbr. [Latin id est] (17c) That is <the federal govern ment's highest judicial body, i.e., the Supreme Court>. Cf.E.G. IEP. abbr. See lKDIVIDUALIZED EDGCATION PROGRAM. IFP. abbr. IN FORMA PAUPERIS. IFP affidavit. See poverty affidavit under AFFIDAVIT. ignis judicium (ig-nis joo-dish-ee-<lm). [Latin] Hist. Trial by fire. See fire ordeal under ORDEAL. ignominy (ig-na-min-ee). Public disgrace or dishonor. ignominious, adj. ignoramus (ig-na-ray-mds). [Law Latin] Hist. We do not know . This notation, when written on a bill ofindict ment, indicated the grand jury's rejection ofthe bill. See NOT FOUND; NO BILL. Cf. TRUE BILL. 'When the grand jury have heard the evidence, if they think it a groundless accusation, they used formerly to endorse on the back of the bill, 'ignoramus;' or, we know nothing of it; intimating, that, though the facts might possibly be true, that truth did not appear to them: but now they assert in English, more absolutely, 'not a true bill;' and then the party is discharged without farther answer." 4 William Blackstone, Commentaries on the Laws ofEngland 301 (1769). ignorantia (ig-na-ran-shee-<}). [Latin] Ignorance; esp., ignorance of the law. "Ignorantia . ... Divided in the civil law, into ignorantia facti (ignorance of fact) and ignorantia juris (ignorance of law). lord Coke accepts this division ...." 2 Alexander M. Burrill, A Law Dictionary and Glossary 40 (2d ed. 1867). ignorantia facti (ig-n;>-ran-shee-;> fak-tI). [Latin] Igno rance of fact. ignorantia jacti excusat (ig-na-ran-shee-a fak-tI ek skyoo-sat or -zat). [Latin] Ignorance of fact is an excuse; whatever is done under a mistaken impression of a material fact is excused or provides grounds for relief. This maxim refers to the principle that acts done and contracts made under mistake or ignorance of a material fact are voidable. [Cases: Criminal Law C=>33.] "'Ignorantia facti excusat,' however, is obviously too sweeping even for a general statement of law, because it is clear (to mention only one point for the moment) that if a certain deed would constitute exactly the same crime under either of two factual situations, it will be no excuse that one was mistaken for the other." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 1044 (3d ed. 1982). 815 ignorantia juris (ig-n;)-ran-shee-;) joor-is). [Latin] 1. Ignorance of law. -Under Roman law, this type of ignorance was less likely than ignorantia facti to excuse mistaken conduct, except in the case of minors and people, such as women, under some legal disability. 2. IG;'>IORANTIA JURIS NON EXCUSAT. ignorantia juris non excusat (ig-n;)-ran-shee-~ joor-is non ek-skyoo-sat or -zat). [Latin] Lack of knowledge about a legal requirement or prohibition is never an excuse to a criminal charge. _ In English, the idea is commonly rendered ignorance ofthe law is no excuse. Often shortened to ignorantia juris. Also termed ignorantia juris neminem excusat (ignorance ofthe law excuses no one); ignorantia legis non excusat: ignorantia juris haud excusat. [Cases: Criminal Law C=:>32.] "Almost the only knowledge of law possessed by many people is that ignorance of it is no excuse (ignoYantiajuris non excusat), This maxim was originally formulated at a time when the list of crimes, broadly speaking, represented current morality (mala in se), but we now have many other crimes that are the result of administrative or social regula tion (mala prohibita), which are equally governed by the maxim, The rule is, then, that whereas ignorance of fact can excuse, to the extent that it negatives mens rea or fault, ignorance of the law generally does not." Glanville Williams, Textbook ofCriminal Law40S (1978), ignoratio elenchi (ig-n~-ray-shee-oh e-leng-kI or ig-n~ rab-tee-oh i-Ieng-kee). [Law Latin "ignorance of the conclusion to be proved"] (l6c) An advocate's misun derstanding of an opponent's position, manifested by an argument that fails to address the opponent's point; the overlooking of an opponent's counterargument. This fallacy oflogic often involves an advocate's trying to prove something that is immaterial to the point to be decided. ignore, vb. (lB01) 1. To refuse to notice, recognize, or consider, 2. (Of a grand jury) to reject (an indictment) as groundless; to no-bill (a charge). ignoring, n. Family law. A parent's or caregiver's pattern of depriving a child of essential intellectual or emo tional stimulation or ofotherwise stifling a child's emo tional growth and intellectual development, essentially by being unavailable. Cf. ISOLATING; REJECTING. lIED. abbr. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. ill, adj. (Of a pleading) defective, bad, or null. illation (i-lay-sh~n), (16c) l. The act or process of infer ring, 2. An inference; that which is inferred. il1egal, adj. Forbidden by law; unlawful <illegal dumping> <an illegal drug>. illegal alien. See ALIEN. illegal bargain. See BARGAIN, illegal consideration. See CONSIDERATION (1). illegal contract. See CONTRACT, illicit 2. Immigration. The unauthorized entrance ofan alien into the United States by arriving at the wrong time or place, by evading inspection, or by fraud. illegal interest. See USURY. illegality, n. (l7c) l. An act that is not authorized by law. 2. The state of not being legally authorized. "A contract made ultra vires is void; but not [strictly speaking] on the ground of illegality. Lord Cairns .. , takes exception to the use of the term 'illegality,' pointing out that it is not the object of the contracting parties, but the incapacity of one of them, that avoids the contract." William R, Anson, Principles of the Law ofContract 190 (Arthur L Corbin ed., 3d Am. ed, 1919). "It must not be thought that illegality in the law of contract is co-terminous with illegality in the criminal law, for a contract may be illegal without involving any breach of the criminal law at all." p.s. Atiyah, An Introduction to the Law ofContract 257 (3d ed, 1981). 3. The state or condition ofbeing unlawfuL. The affir mative defense of illegality must be expressly set forth in the response to the opponent's pleading. Fed. R. Civ, P.8(c). illegally obtained evidence. See EVIDENCE. illegal per se. Unlawful in and ofitself. illegal rate. See INTEREST RATE. illegal search. See unreasonable search under SEARCH. illegal strike. See STRIKE. illegal subdivision

illegal search. See unreasonable search under SEARCH. illegal strike. See STRIKE. illegal subdivision. See SUBDIVISION. illegal tax. See TAX, illegal tax protester. See TAX PROTESTER. illegal vote. See VOTE (1). illegitimacy. (17c) 1. Unlawfulness. 2. The status of a person who is born outside a lawful marriage and who is not later legitimated by the parents. Also termed bastardy. Cf. LEGITIMACY. [Cases: Children Out-of- Wedlock 1.] illegitimate, adj. (l6c) 1. (Ofa child) born out oflawful wedlock and never having been legitimated <illegiti mate son> . Under modern ecclesiastical law, a child born out of wedlock may be automatically legitimated ifthe parents later marry. A child conceived while the mother is married but born after she is divorced or widowed is considered legitimate. [Cases: Children Out-of-Wedlock 1.] 2. Against the law; unlawful <illegitimate contract for the sale of contraband>. 3. Improper <illegitimate conduct>. 4. Incorrectly inferred <illegitimate conclusion>. 5. Ecclesiastical law. (Ofa child) born within a marriage that is regarded as an invalid sacrament from its inception, illegitimate child. See CHILD, ill fame. Evil repute; notorious bad character. Cf. FAMA PUBUCA, illicenciatus (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 crime. _ In some jurisdictions, illegal entry is a lesser illicit (i[l]-lis-;)t), adj. (16c) Illegal or improper <illicit included offense of burglary. [Cases: Burglary relations>. illicit cohabitation. See COHABITATION. illicitum collegium (i-lis-<l-t<lm b-Iee-jee-<lm). [Latin] Roman law. An illegal association; a collegium engaging in illegal activity . Members ofan illicitum collegium were subject to prosecution. Illinois land trust. See land trust under TRUST. illiquid asset. See ASSET. illusory (i-Ioo-s<)-ree), adj. (17c) Deceptive; based on a false impression. illusory appointment. See APPOINTMENT (4). Illusory Appointment Act. An 1830 English statute providing that no appointment of property is to be declared invalid on grounds that it is illusory . This statute was repealed and reissued in 1925 as part ofthe Law ofProperty Act. illusory contract. See CONTRACT. illusory promise. See PROMISE. illusory tenant. See TE::-IANT. illusory-transfer doctrine. The rule that the law disre gards an inter vivos gift over which the donor retains so much control that there is no good-faith intent to relin quish the transferred property. The illusory-transfer doctrine is usu. applied to inter vivos trusts in which the settlor retains an excessive control or an interest for instance, one in which the settlor retains the income for life, the power to revoke, and substantial managerial powers. The leading case on this doctrine is Newman v. Dore, 9 N.E.2d 966 (N.Y. 1937). See colorable transfer under TRANSFER. [Cases: Trusts (;::::>34(1).] illusory trust. See TRUST. illustrative evidence. See demonstrative evidence under EVIDENCE. imaginary damages. See punitive damages under DAMAGES. imagining. See COMPASSING. imbargo. Archaic. See EMBARGO (1). imbecile (im-ba-sal or -sil). A person afflicted with severe mental retardation. Cf. IDIOT. imbezzle. Archaic. See EMBEZZLE. imbracery. See EMBRACERY. IMCO. abbr. INTERGOVERNMENTAL MARITIME CONSUL TATIVE ORGANIZATION. IME. abbr. 1. INDEPENDENT MEDICAL EXAMINATION. 2. INDEPENDENT MENTAL EVALUATION. IMF. abbr. INTERNATIONAL MONETARY FUND. imitation. Trademarks. An item that so resembles a trademarked item as to be likely to induce the belief that it is genuine. See SIMILARITY. [Cases: Trademarks (::::::'1095.J "The law of trade marks is of recent origin, and may be comprehended in the proposition that a dealer 'has a property in his trade mark.' The ownership is allowed to him. that he may have the exclusive benefit of the reputa tion which his skill has given to articles made by him. and that no other person may be able to sell to the public. as his. that which is not his. An imitation of his mark, with partial differences such as the public would not observe, does him the same harm as an entire counterfeit. If the wholesale buyer, who is most conversant with the marks, is not misled, but the small retailer or the consumer is, the injury is the same in law. and differs only in degree." Clark v. Clark. 25 Barb. 76 (N.Y. 1857). "It is no excuse that one using the trade-marks of another informs his dealers of the imitation. for succeeding sellers may not make similar disclosures." James Kent, 2 Com mentaries on American Law *372 n. 8 (George Comstock ed., 11 th ed. 1866). IMLS. abbr. I::-ISTITUTE OF MUSEUM AND LIBRARY SERVICES. immaterial, adj. (1893) (Of evidence) tending to prove some fact that is not properly at issue; lacking any logical connection with the consequential facts. Cf. IRRELEVANT. [Cases: Criminal Law (;::::>338; Evidence (;::::>143.] immateriality, n. ''The rules of substantive law and of pleading are what determine immateriality; and if the probandum is imma terial, of course no evidence to prove it is wanted." John H. Wigmore, A Students' Textbook of the Law of Evidence 37 (1935). immaterial averment. See AVERMENT. immaterial evidence. See EVIDENCE. immaterial fact. See FACT. immaterial issue. See ISSUE (1). immaterial variance. See VARIANCE (1). immatriculation. Int'llaw. The grant of nationality to and enrollment on the national registry ofa merchant ship, thereby giving the ship the right to fly the regis tering nation's flag. immaturity. See MINORITY (1). immediate, adj. (15c) L Occurring without delay; instant <an immediate acceptance>. 2. Not separated by other persons or things <her immediate neighbor>. 3. Having a direct impact; without an intervening agency <the immediate cause of the accident>. Cf. PROXIMATE. [Cases: Negligence (;::::>385.] -immediacy, immedi ateness, n. immediate annuity. See ANNUITY. immediate breach. See BREACH OF CONTRACT. immediate cause. See CAUSE (1). immediate control. (1962) Criminal procedure. 1. The area within an arrestee's reach . A police officer may conduct a warrantless search ofthis area to ensure the officer's safety and to prevent the arrestee from destroy ing evidence. [Cases: Arrest (;::::>71.1(5); Automobiles (;::::>349.5(10).) 2. Vehicular control that is close enough to allow the driver to instantly govern the vehicle's movements . A driver's failure to maintain immedi ate control over the vehicle could be evidence of neg ligence. immediate death. See DEATH. immediate descent. See DESCENT. immediate family. See FAMILY. 811 immediate intent. See INTENT (1). immediately-apparent requirement. (1978) Criminal procedure. The principle that a police officer must have probable cause to believe that an item is contraband before seizing it . This plain-view exception to the warrant requirement was first announced in Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022 (1971). "An object may not be seized from a car merely because the police plain view of it was lawfully acquired; there must be probable cause that the object is a fruit, instrumentality or evidence of crime. And under the 'immediately apparent' requirement of Coolidge v. New Hampshire, this probable cause must be determined without examination of the object other than is justified by the purpose underlying police entry of the vehicle." Wayne R. LaFave & Jerold H. Israel, Criminal Procedure 3.7, at 201 (2d ed. 1992). immediately harmful behavior. See HARMFUL BEHA VIOR. immediately pending motion. See MOTION (2). immediate notice. See NOTICE. immediate-notice clause. Insurance. A provision in many insurance policies obligating the insured to notify the insurer as soon as possible after a claim arises . A requirement in a policy for "prompt" or "immediate" notice or that notice must be given "immediately," "at once," "forthwith," "as soon as practicable," or "as soon as possible" -generally means that the notice must be given within a reasonable time under the cir cumstances. [Cases: Insurance ~3154.] immediate past president. 1. See PRESIDENT. 2. See EMERITUS. immediate possession. See POSSESSION. immemorial (im-a-mor-ee-al), adj. (l7c) Beyond memory or record; very old. See TIME IMMEMORIAL. immemorial possession. See POSSESSION. immemorial usage. See USAGE. immigrant. (l8c) A person who enters a country to settle there permanently; a person who immigrates. Cf. EMIGRANT. alien immigrant. An immigrant who has not yet been naturalized. immigration, n. (17c) The act ofentering a country with the intention of settling there permanently. Cf. EMI GRATION. [Cases: Aliens, Immigration, and Citizenship (,..~ 100-430.] -immigrate, vb. immigrant, n. Immigration and Nationality Act. A comprehensive federal law regulating immigration, naturalization, and the exclusion of aliens. 8 USCA 1101-1537. -Also termed Nationality Act. [Cases: Aliens, Immigration, and Citizenship ~102.] Immigration and Naturalization Service. A former U.S. Department ofJustice agency that administered the Immigration and Nationality Act and operates the U.S. Border Patrol. -Abbr. INS. See UNITED STATES CITI ZENSHIP AND IMMIGRATION SERVICES. [Cases: Aliens, Immigration, and Citizenship ~140-155.] immunity Immigration Appeals Board. See BOARD OF IMMIGRA TION APPEALS. imminent danger. See DANGER. imminent hazard. See HAZARD (1). imminently dangerous. See DANGEROUS. imminent-peril doctrine. See EMERGENCY DOCTRINE (1). immiscere (i-mis-a-ree), vb. [Latin] Roman law. To mix or mingle with; to meddle with . This term took on the figurative sense of meddling in another's affairs (e.g., acting as ifone were an heir), for which a person could be held accountable. immobilia (im-<l-bil-ee-<l). Immovables. -Also termed res immobiles (reez i-moh-b<l-leez). immobilia situm sequuntur (im-a-bil-ee-<l sl-tam sa-kwan-tar). [Latin] Immovable things follow their site. This principle means that immovables are governed by the law ofthe place where they are fixed. Sometimes shortened to immobilia situm. immobilis, adj. (i-moh-b<l-lis). [Latin] Immovable. immobilize, vb. (1871) To make immobile; esp., to turn (movable property) into immovable property or to turn (circulating capital) into fixed capital. immoral consideration. See CONSIDERATION (1). immoral contract. See CONTRACT. immoral subject matter. 1. Patents. Inventions that do not have a socially beneficial use . In the past, patents were denied for some categories of inventions, such as gambling devices and fraudulent products, esp. medicines. The doctrine is rarely used today. [Cases: Patents ~46.] 2. Trademarks. SCANDALOUS SUBJECT MATTER. immovable, n. (usu. pl.) (16c) Property that cannot be moved; an object so firmly attached to land that it is regarded as part ofthe land. Also termed immovable thing. See FIXTURE. Cf. MOVABLE. [Cases: Fixtures 1; Property (::::'4.] immovable, adj. "Considered in its legal aspect, an immovable, that is to say, a piece of land, includes the following elements: -1. A determinate portion of the earth's surface. 2. The ground beneath the surface down to the centre of the world. All the pieces of land in England meet together in one terminable point at the earth's centre. 3. Possibly the column of space above the surface ad infinitum." John Salmond, Jurispru

's centre. 3. Possibly the column of space above the surface ad infinitum." John Salmond, Jurispru dence 428 (Glanville L. Williams ed., 10th ed. 1947). immovable fixture. See FIXTURE. immune, adj. Having immunity; exempt from a duty or liability. immunity. (14c) 1. Any exemption from a duty, liability, or service of process; esp., such an exemption granted to a public official or governmental unit. Cf. IMPUNITY. "An immunity is a defense to tort liability which is con ferred upon an entire group or class of persons or entities under circumstances where considerations of public policy are thought to require special protection for the person, activity or entity in question at the expense of those injured by its tortious act. Historically, tort litigation against units of government, public officers, and charities, and between 818 immunity spouses, parents and children, has been limited or pro hibited on this basis." Edwardj. Kionka, Torts in a Nutshell 341 (2d ed. 1992). absolute immunity. (17c) A complete exemption from civil liability, usu. afforded to officials while perform ing particularly important functions, such as a rep resentative enacting legislation and a judge presiding over a lawsuit. Cf. qualified immunity. [Cases: Officers and Public Employees~;:, 114.] congressional immunity. (1969) Either of two special immunities given to members of Congress: (1) the exemption from arrest while attending a session of the body to which the member belongs, excluding an arrest for treason, breach of the peace, or a felony, or (2) the exemption from arrest or questioning for any speech or debate entered into during a legislative session. U.S. Const. art. I, 6, cl. 1. See SPEECH AND DEBATE CLAUSE. [Cases: United States C::;) 12.] constitutional immunity. (1852) Immunity created by a constitution. diplomatic immunity. (1911) 1he general exemption of diplomatic ministers from the operation oflocallaw, the exception being that a minister who is plotting against the security ofthe host nation may be arrested and sent out of the country. A minister's family shares in diplomatic immunity to a great, though ill defined, degree. [Cases: Ambassadors and Consuls C=>3.] discretionary immunity. (1965) A qualified immunity for a public official's acts, granted when the act in question required the exercise of judgment in carrying out official duties (such as planning and policy-mak ing). 28 USCA 2680(a). [Cases: Municipal Corpora tions (:=)728.] "Probably no one test will control the decision on discre tionary immunity. Although the fact that the government has omitted to act is not in itself a defense, the discretion ary immunity is frequently emphasized in nonfeasance cases. On the other hand, where the government's activity is affirmative, specific, and in violation of a statute, regu lation, or constitutional provision imposing a duty upon government, courts are often willing to say there is no room for discretion." Prosser and Keeton on the Law of Torts 131, at 1041-42 (W. Page Keeton ed., 5th ed. 1984). executive immunity. (1941) 1. The absolute immunity of the U.S. President or a state governor from civil damages for actions that are within the scope of official responsibilities. lCases: United States ~;) 26.] 2. The qualified immunity from civil claims against lesser executive officials, who are liable only iftheir conduct violates dearly established constitu tional or statutory rights . Executive immunity gen erally protects an official while carrying out clearly established responsibilities about which a reasonable person would know. Cf. executive privilege under PRIVILEGE (3). foreign immunity. The immunity of a foreign sover eign, its agents, and its instrumentalities from liti gation in U.S. courts. [Cases: International Law 10.31-10.39.] government immunity. See sovereign immunity. intergovernmental immunity. (1935) The immunity between the federal and state governments based on their independent sovereignty. See I:>ITERGOVERN MENTAL-IMMUNITY DOCTRINE. judicial immunity. (1850) The immunity of a judge from civil liability arising from the performance of judicial duties. [Cases: Judges C=>36.] legislative immunity. (1890) The immunity ofa legisla tor from civil liability arising from the pertormance of legislative duties. See congressional immunity. [Cases: Municipal Corporations ~~,170.] prosecutorial immunity. The absolute immunity of a prosecutor from civil liability for decisions made and actions taken in a criminal prosecution. [Cases: District and Prosecuting Attorneys C=> 10;] qualified immunity. (1877) Immunity from civillia bility for a public official who is performing a dis cretionary function, as long as the conduct does not violate clearly established constitutional or statu tory rights. Also termed prima facie privilege. Cf. absolute immunity. [Cases: Civil Rights C=> 1376; Officers and Public Employees (:=.) 114.] sovereign immunity. (1857) 1. A government's immunity from being sued in its own courts without its consent. Congress has waived most ofthe federal government's sovereign immunity. See FEDERAL TORT CLAIMS ACT. [Cases: United States C=> 125.] 2. A state's immunity from being sued in federal court by the state's own citizens. Also termed government immunity; governmental immunity. work-product immunity. See WORK-PRODUCT RULE. 2. Torts. A doctrine proViding a complete defense to a tort action. Unlike a privilege, immunity does not negate the tort, and it must be raised affirmatively or it will be waived. Cf. PRIVILEGE (2). charitable immunity. (1935) The immunity ofa chari table organization from tort liability. -This immunity has been eliminated or restricted in most states. Also termed eleemosynary defense. [Cases: Charities C=>45(2).] corporate immunity. A corporate officer's immunity from personal liability for a tortious act committed while acting in good faith and within the course of corporate duties. husband-wife immunity. (1951) The immunity of one spouse from a tort action by the other spouse for personal injury . The immunity arose from the age-old notion that a husband and wife were one in the eyes of the law, so that one could not injure the other there being no "other." Most states and the District ofColumbia have abolished interspousal tort immunity either by judicial opinion or by statute. Some states have abolished the rule only in specific instances such as intentional or vehicular torts. Also termed interspousal immunity; interspousal tort 819 immunity; marital immunity. [Cases: Husband and Wife (::::>205(2).] interspousal immunity. See husband-wife immunity judgmental immunity. See ERROR-OF-JUDGMENT RULE. marital immunity. See husband-wife immunity. parental immunity. (1930) 1. The principle that children cannot sue their parents, and that parents cannot sue their children, for tort claims. This tort immunity did not exist at English common law; it was created by American courts, first appearing in Hewellette v. George, 9 So. 885 (Miss. 1891). Many courts have abol ished the doctrine for some purposes, such as actions by unemancipated minors against parents to recover for injuries sustained in motor-vehicle accidents. See, e.g., Merrick v. Sutterlin, 610 P.2d 891 (Wash. 1980) (en bane). Nor does the immunity apply when an injury is inflicted by the parent or child through willful, wanton, or criminal conduct. See, e.g., Nudd v. Matsoukas, 131 N.E.2d 525 (Ill. 1956). Also termed parent-child immunity; parental-immunity doctrine. [Cases: Parent and Child ~'")1l.]2. The principle that parents are not liable for damages caused by the ordinary negligence oftheir minor child. Cf. PAREN TAL-LIABILITY STATUTE. [Cases: Parent and Child (;::J 13.5(2).] 3. Criminal law. Freedom from prosecution granted by the government in exchange for the person's testi mony. By granting immunity, the government can compel testimony despite the Fifth Amendment right against self-incrimination -because that testi mony can no longer incriminate the witness. [Cases: Criminal Law (::::>42.] pocket immunity. (I983) Immunity that results from the prosecutor's decision not to prosecute, instead offrom a formal grant ofimmunity. -Also termed informal immunity. [Cases: Criminal Law (::::>42.] testimonial immunity. (1938) Immunity from the use ofthe compelled testimony against the witness. Any information derived from that testimony, however, is generally admissible against the witness. [Cases: Criminal Law (::::>42; Witnesses (::::>304.] 'Testimonial immunity is a logical corollary to a person's fifth amendment right not to 'be compelied in any criminal case to be a witness against himself.' It provides that when a witness is compelled to testify for any reason, his testi mony cannot be used against him in a subsequent criminal proceeding. It also follows that the immunity is not avail able where the witness testifies voluntarily, and that the protection applies only in a subsequent criminal prosecu tion in which the witness is subject to prosecution for an offense related to his earlier testimony." 2 Paul H. Robinson, Criminal Law Defenses 205, at 482-83 (1984). transactional immunity. (1966) Immunity from pros ecution for any event or transaction described in the compelled testimony . This is the broadest form of immunity. [Cases: Criminal Law (::::>42.] use immunity. (1970) Immunity from the use of the compelled testimony (or any information derived from that testimony) in a future prosecution against imparl the witness. After granting use immunity, the gov ernment can still prosecute ifit shows that its evidence comes from a legitimate independent source. -Also termed use/derivative-use immunity; derivative-use immunity. [Cases: Criminal Law (""::>42.] 4. Freedom of a person against having a given legal relation altered by someone else's act or omission. immunize, vb. (1892) To grant immunity to <the new legislation immunized the police officers from liabil ity>. impacted area. A region that is affected by some event; esp., a region in which the school population increases due to an influx offederal employees who are working on a federal project or activity, but the tax revenue declines due to the U.S. government's immunity from local taxes. impact rule. (1865) Torts. The common-law require ment that physical contact must have occurred to allow damages for negligent infliction ofemotional distress . This rule has been abandoned in most jurisdictions. Also termed physical-impact rule. [Cases: Damages 57.16(2).] impair, vb. (17c) To diminish the value of(property or a property right) . This term is commonly used in refer ence to diminishing the value ofa contractual obliga tion to the point that the contract becomes invalid or a party loses the benefit ofthe contract. See CONTRACTS CLAUSE. impaired capital. See CAPITAL. impairing the morals ofa minor. (1931) The offense of an adult's engaging in sex-related acts, short of inter course, with a minor. Examples of this conduct are fondling, taking obscene photographs, and showing pornographic materials. -Also termed unlawful sexual conduct with a minor; corrupting; corruption of a minor. Cf. CONTRIBUTI"'G TO THE DELINQUENCY OF A MI"'OR. [Cases: Infants 13.] impairment, n. (14c) The fact or state ofbeing damaged, weakened, or diminished <impairment of collat eral>. -impair, vb. severe impairment. In social-security or disability law, a physical or mental impairment that greatly restricts a person's ability to perform ordinary, neces sary tasks ofdaily life. See DISABIUTY (2); MAJOR LIFE ACTIVITY. [Cases: Social Security and Public Welfare C=140.20.] impalement, n. (l7c) Hist. An ancient mode of inflict ing punishment by thrusting a sharp pole through the body. Formerly also spelled empalement. -impale, vb. impanel, vb. See EMPANEL. impaneled jury. See JURY. imparcare (im-pahr-kair-ee), vb. [Law Latin "to enclose"] Hist. To impound; to confine in prison. See CAReER. imparl (im-pahrl), vb. 1. Hist. To request or obtain an imparlance. 2. To confer with the opposing party in 820 imparlance an effort to settle a dispute amicably; to discuss settle ment. imparlance (im-pahr-l~nts). Hist. 1. A continuance granted for the purpose ofgiving the requesting party (usu. the defendant) further time to answer the adver sary's last pleading (esp. the plaintiff'

(usu. the defendant) further time to answer the adver sary's last pleading (esp. the plaintiff's writ, bill, or count), often so that the parties will have time to settle the dispute. -Imparlances were abolished in England in 1853.2. A petition for such a continuance. 3. The per mission granting such a continuance. -Formerly also spelled emparlance. -Also termed licentia loquendi. "After defence made, the defendant must put in his plea. But, before he pleads, he is entitled to demand one impar' lance, or licentia loql.lendi, and may have more granted by consent of the plaintiff; to see if he can end the matter amicably without farther suit, by talking with the plain tiff ...." 3 William Blackstone, Commentaries on the Laws ofEngland 298 (1768). "An imparlance is the time allowed by the court to either party, upon request, to answer the pleading of his opponent. Imparlance, from the French 'parler' -to speak in its most common signification, means time to plead. Formerly the parties, in the course of oral pleadings, were allowed time to speak or confer with one another, so that they might endeavor to settle the matters in dispute, and later, when the pleadings came to be in writing, the court permitted a certain time for each to plead to or answer the pleading of his opponent. In modern practice the term is rarely used ...." BenjaminJ. Shipman, Handbook of CommonLaw Pleading 234, at 405 (Henry Winthrop Ballantine ed., 3d ed. 1923). general imparlance. The allowance of time until the court's next term, without reserving to the defen dant the benefit of any exception. -With this type ofimparlance, the requesting defendant cannot later object to the jurisdiction of the court or plead any matter in abatement. general special imparlance. The allowance of time with a saving of all exceptions, so that a defendant might later plead not only in abatement but also to the jurisdiction. special imparlance. The allowance of time with a saving only of exceptions to the writ, bill, or count, but not to the court's jurisdiction. impartial, adj. (16c) Unbiased; disinterested. impartial chair. (1993) 1. ARBITRATOR. 2. MEDIATOR. Also termed impartial chairman. impartial expert. See EXPERT. impartial jury. See JURY. impartible (im-pahr-t;J-b;Jl), adj. (14c) Indivisible <an impartible estate>. impartible feud. See FEUD (1). impasse (im-pas). A point in negotiations at which agreement cannot be reached. - A neutral third party (such as a mediator) is often called in to help resolve an impasse. "Not only is the employer free after impasse to implement changes already offered to the union, but either party is free after impasse to decline to negotiate further. Since impasse signifies that the parties have exhausted (at least temporarily) the avenues of bargaining, termination of bargaining at that point cannot be thought to demon strate a cast of mind against reaching agreement." Robert A. Gorman, Basic Text on Labor Law: Unionization and Col lective Bargaining 447 (1976). impeach, vb. (14c) 1. To charge with a crime or miscon duct; esp., to formally charge (a public official) with a violation of the public trust <President Nixon resigned from office to avoid being impeached>. _ Impeaching a federal official, such as the President, the Vice Presi dent, or a judge, requires that a majority of the U.S. House of Representatives vote to return at least one article of impeachment to the U.S. Senate, itemizing the charges and explaining their factual grounds. Even if an official is impeached, removal from office does not occur unless two-thirds of the senators who are present vote for conviction. 2. To discredit the veracity of (a witness) <the lawyer hoped that her star witness wouldn't be impeached on cross-examination>. [Cases: Witnesses (;::>311-409.]3. To challenge the accuracy or authenticity of (a document) <the handwriting expert impeached the holographic will>. impeachable offense. An offense for which a public official may legally be impeached, during the first step in a two-step process that may, depending on the vote in the U.S. Senate, lead to the official's removal from office. -The U.S. Constitution states that "[tlhe Presi dent, Vice President and all civil Officers ofthe United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." The meaning of this language was much debated during the impeachment and trial of President Bill Clinton, against whom two articles ofimpeachment were returned by the House of Representatives. 1he question arose concerning what type of misdemeanor will suffice, and whether the high in high crimes modifies misdemeanors as well. No definitive answer resulted from the proceedings. impeachment. (l6c) 1. The act (by a legislature) ofcalling for the removal from office ofa public official, accom plished by presenting a written charge of the official's alleged misconduct; esp., the initiation ofa proceeding in the U.S. House of Representatives against a federal official, such as the President or a judge. Also termed formal impeachment. _ Congress's authority to remove a federal official stems from Article II, Section 4 of the Constitution, which authorizes the removal of an official for "Treason, Bribery, or other high Crimes and Misdemeanors." The grounds upon which an official can be removed do not, however, have to be criminal in nature. They usu. involve some type of abuse of power or breach of the public trust. Articles of impeach ment which can be approved by a simple majority in the House serve as the charging instrument for the later trial in the Senate. Ifthe President is impeached, the ChiefJustice of the Supreme Court presides over the Senate trial. The defendant can be removed from office by the vote of a two-thirds majority ofthe senators who are present. In the United Kingdom, impeachment is by the House of Commons and trial by the House of Lords. But no case has arisen there since 1801, and 821 imperitia many British scholars consider impeachment obsolete. [Cases: United States <:>35.] 2. The act of discredit ing a witness, as by catching the witness in a lie or by demonstrating that the witness has been convicted of a criminal offense. [Cases: Witnesses C::::)31l-409.] 3. The act of challenging the accuracy or authenticity of evidence. formal impeachment. 1. The discrediting ofa witness's testimony by confronting the witness with his or her specific untruthful acts, prior convictions, prior inconsistent statements, or the like. 2. See IMPEACH MENT (1). impeachment court. See COURT FOR THE TRIALS OF IMPEACHMENT. impeachment evidence. See EVIDENCE. impeachment ofverdict. (1821) A party's attack on a verdict, alleging impropriety by a member of the jury. [Cases: New Trial <:>44, 143; Trial <:>344.] impeachment ofwaste. Hist. An action for waste against the tenant of the harmed property. "[FIor above five hundred years past, all tenants for life or for any less estate, have been punishable or liable to be impeached for waste, both voluntary and permis' sive; unless their leases be made, as sometimes they are, without impeachment of waste ... :. 2 William Blackstone, Commentaries on the Laws ofEngland 283 (1766). impechiare (im-pee-chee-air-ee), vb. [fro Law French empescher "to impeach"] Hist. To impeach; to accuse. impediens (im-pee-dee-enz). [Law Latin] Hist. A person who hinders. _ The defendant (or deforciant) in a fine of conveyance was sometimes so called. See FINE (1). impediment (im-ped-;:l-m;:lnt). (14c) A hindrance or obstruction; esp., some fact (such as legal minority) that bars a marriage ifknown beforehand and, if dis covered after the ceremony, renders the marriage void or voidable. canonical impediment. A ground for annulment recog nized by canon law and developed by the ecclesiastical courts of the Roman Catholic Church. -Canonical impediments include affinity, impotence, disparity of worship, and previous religious profession. civil impediment. A ground for annulment recognized by civil law ofcontracts, such as minority, unsound ness of mind, fraud, and duress. _ The defects of fraud and duress may be waived, and the parties may confirm the marriage. diriment impediment (dir-Cl-m<Jnt im-ped-;:l-m;:lnt), n. [fro Latin dirimens impedimentum "nullifying impedi ment"] A fact that raises an absolute bar to marriage and renders a contracted marriage void. -Diriment impediments include consanguinity within a prohib ited degree and a prior undissolved marriage. Also termed impedimenta dirimentia. impedimenta dirimentia. See diriment impediment under IMPEDIMENT. impedimentum rebus agendis (im-ped-;:l-men-t;:lm ree-b;:ls <l-jen-dis). [Law Latin] Hist. A hindrance to the transaction ofbusiness. impeditor (im-ped-;:l-t;:lr). [Law Latin] Hist. A person who interferes with a patron's right of advowson, i.e., the right to appoint a clerk to a benefice. -Also termed disturber. See DE CLERICO ADMITTENDO. impensae (im-pen-see), n. pl. [Latin] Roman law. Expen ditures made on a thing. impensae necessariae (im-pen-see nes-;:l-sair-ee-ee). Expenditures necessary to prevent deterioration, destruction, or loss of a thing -such as money expended for building repair or maintenance. impensae utiles (im-pen-see yoo-t;:l-leez). Useful expenditures that improve something and increase its selling value. impensae voluptariae (im-pen-see vol-;:lp-tair-ee-ee). Expenditures made on a thing for ornamental purposes only. imperative authority. See AUTHORITY (4). imperative law. See LAW. imperative theory of law. (1909) The theory that law consists ofthe general commands issued by a country or other political community to its subjects and enforced by courts with the sanction ofphysical force. -Impera tive theorists believe that if there are rules predating or independent ofthe country, those rules may closely resemble law or even substitute for it, but they are not law. See POSITIVE LAW. C[ NATURAL LAW. imperfect defense. See DEFENSE (1). imperfect duty. See DUTY (1). imperfect grant. See GRANT. imperfect justification. See JUSTIFICATION. imperfect obligation. See moral obligation under OBLI GATION. imperfect ownership. See OWNERSHIP. imperfect right. See RIGHT. imperfect self-defense. See SELF-DEFENSE. imperfect statute. See STATUTE. imperfect title. See TITLE (2). imperfect trust. See executory trust under TRUST. imperfect usufruct. See quasi-usufruct (1) under usu- FRUCT. imperfect war. See WAR. imperial state. See STATE. imperitia (im-p;:l-rish-ee-<l), n. [Latin] Roman law. Lack of skill or competence; inexperience. -The Romans considered imperitia to be a type of culpa that gave rise to liability in tort or liability under a contract calling for the rendering ofservices (such as a locatio conductio operis). Imperitus could denote a person, such as a judge who was incompetent in what he undertook. imperium 822 imperium (im-peer-ee-dm), n. [Latin] Roman law. Power or dominion; esp., the legal authority wielded by superior magistrates under the Republic, and later by the emperor under the Empire . Imperium implied the right ofmilitary command, and the powers ofcorporal punishment, and oflife and death over citizens. It was symbolized by the lictors who carried the fasces and an ax, which symbolized those powers. Imperium was also used less technically; it applied to lesser types of authority under Roman law, and thus had differ ent meanings. For example, imperium domesticum described the power of the head ofa household. imperium merum (im-peer-ee-dm meer-dm). [Latin "bare power" or "absolute executive power"] Roman law. A higher magistrate's power to use force to repress crime. imperium mixtum (im-peer-ee-dm miks-tdm). [Latin "mixed power"] Roman law. A magistrate's authority to make and enforce decisions in civil and criminal matters. impermissible comment on the evidence. See COMMENT ON THE EVIDENCE. impersonal. See IN REM. impersonation. (18c) The act of impersonating someone. Also termed personation. false impersonation. (1878) The crime offalsely repre senting oneself as another person, usu. a law-enforce ment officer, for the purpose of deceiving someone. See 18 USCA 912-917. Also termed false person ation. (Cases: False Personation ~~1.] impertinent, adj.

-917. Also termed false person ation. (Cases: False Personation ~~1.] impertinent, adj. See IRRELEVANT. impertinent evidence. See EVIDENCE. impertinent matter. (18c) Procedure. In pleading, matter that is not relevant to the action or defense. A federal court may strike any impertinent matter from a pleading. Fed. R. Civ. P. 12(f). Cf. SCANDAL ous MATTER. [Cases: Federal Civil Procedure (;:"::>1127; Pleading 364(4).] ''The court will not strike out the matter unless its imperti nence clearly appears; for if erroneously stricken out, the error is irremediable; if left to stand, the court may set the matter right in taxing the costs. Matter which is scandalous is also impertinent." William C. Anderson. A Dictionary Of Law 526 (1889). impescare (im-pd-skair-ee), vb. (fr. Law French empe scher "to impeach"] Hist. To impeach; to accuse. impetitio vasti (im-p.Hish-ee-oh vas-tT). See IMPEACH MENT OF WASTE. impetrare (im-pd-trair-ee), vb. [Latin] Roman law. To obtain by request . This word often appeared in peti tions requesting a formula for an action from a praetor. It performed a similar function under English law for those seeking a writ from Chancery. The English word impetrate derives from this Latinism. Cf. FORMULA. impetration (im-pd-tray-shdn). 1. Hist. The act ofpeti tioning for a writ. 2. Hist. Eccles. law. The act ofobtaining a papal benefice for bestowal by the king or other lay patron. -impetrate, vb. impignorata (im-pig-n<'l-ray-td). [Law Latin] Hist. Given in pledge; pledged or mortgaged. impignoration (im-pig-nd-ray-sh<ln), n. Hist. The act of pawning or putting to pledge. -impignorate, vb. impinge, vb. (17c) To encroach or infringe (on or upon) <impinge on the defendant's rights>. implacitare (im-plas-<'l-tair-ee), vb. [fro Latin placitum "plea"] Hist. To implead; to sue. implead, vb. (14c) 1. To bring (someone) into a lawsuit; esp., to bring (a new party) into the action. Cf. INTER PLEAD. 2. Hist. To bring an action against; to accuse. Formerly also spelled emplead; empleet. Federal Civil Procedure c>281-297; Parties impleader, n. (1918) A procedure by which a third party is brought into a lawsuit, esp. by a defendant who seeks to shift liability to someone not sued by the plaintiff. Fed. R. Civ. P. 14. -Also termed third-party practice; vouching-in. Cf. INTERPLEADER; INTERVENTION (1). [Cases: Federal Civil Procedure C=)281-297; Parties (;:"::>49.] implementation plan. Environmental law. A detailed outline ofsteps needed to meet enVironmental-quality standards by an established time. implicate, vb. (15c) 1. To show (a person) to be involved in (a crime, misfeasance, etc.) <when he turned state's evidence, he implicated three other suspects>. 2. To be involved or affected <three judges were implicated in the bribery>. implication. (15c) 1. The act ofshowing involvement in something, esp. a crime or misfeasance <the implication of the judges in the bribery scheme>. 2. An inference drawn from something said or observed <the implica tion was that the scheme involved several persons> . necessary implication. (18c) An implication so strong in its probability that anything to the contrary would be unreasonable. implicit cost. See opportunity cost under COST (1). implied, adj. (16c) Not directly expressed; recognized by law as existing inferentially <implied agreement>. See IMPLY (1). Cf. EXPRESS. implied abandonment. See ABANDONMENT (10). implied acceptance. See ACCEPTANCE (4). implied acquittal. See ACQUITTAL. implied actual knowledge. See actual knowledge (2) under KNOWLEDGE. implied admission. See ADMISSION (1). implied agency. See AGENCY (1). implied amnesty. See AMNESTY. implied assent. See ASSENT. implied assertion. See assertive conduct under CONDUCT. implied assumption. See ASSUMPTION. 823 import implied assumption of the risk. See ASSUMPTION OF THE RISK. implied authority. See AUTHORITY (1). implied bias. See BIAS. implied coercion. See UNDUE INFLUENCE (1). implied color. See COLOR. implied condition. See CONDITION (2). implied confession. See CONFESSION. implied consent. See CONSENT (1). implied consideration. See CONSIDERATION (1). implied contract. See CONTRACT. implied contractual indemnity. See INDEMNITY. implied covenant. See COVENANT (1). implied covenant ofgood faith and fair dealing. See COVENANT (1). implied crime. See constructive crime under CRIME. implied dedication. See DEDICATION. implied duty ofcooperation. See DUTY (1). implied easement. See EASEMENT. implied indemnity. See INDEMNITY. implied in fact, adj. Inferable from the facts ofthe case. implied-in-fact condition. See CONDITION (2). implied-in-fact contract. See CONTRACT. implied in law, n. (1806) Imposed by operation oflaw and not because of any inferences that can be drawn from the facts of the case. implied-in-Iaw condition. See constructive condition under CONDITION (2). implied-in-Iaw contract. See CONTRACT. implied intent. See INTENT (1). implied license. See LICENSE. implied license by acquiescence. See LICENSE. implied license by conduct. See LICENSE. implied license by equitable estoppel. See LICENSE. implied license by legal estoppel. See LICENSE. implied-license doctrine. 1. The principle that a person's specific conduct may be tantamount to a grant ofper mission to do something. 2. The principle that in some specified circumstances a statute can be construed as supplying a necessary authority by operation oflaw. implied malice. See MALICE. implied negative covenant. See COVENANT (1). implied notice. See NOTICE. implied obligation. See obediential obligation under OBLIGATION. implied partnership. See partnership by estoppel under PARTNERSHIP. implied permission. See PERMISSION. implied power. See POWER (3). implied promise. See PROMISE. implied reciprocal covenant. See COVENANT (4). implied reciprocal servitude. See implied reciprocal covenant under COVENANT (4). implied repeal. See REPEAL. implied reservation. See RESERVATION. implied-reservation-of-water doctrine. A legal doctrine permitting the federal government to use and control, for public purposes, water appurtenant to federal lands. See EMINENT DOMAIN. [Cases: Waters and Water Courses implied term. See TERM (2). implied trust. 1. See constructive trust under TRUST. 2. See resulting trust under TRUST. implied waiver. See WAIVER (1). implied warranty. See WARRANTY (2). implied warranty of fitness for a particular purpose. See WARRANTY (2). implied warranty of habitability. See WARRANTY (2). implied warranty of merchantability. See WARRANTY (2). imply, vb. (I4c) 1. To express or involve indirectly; to suggest <the opinion implies that the court has adopted a stricter standard for upholding punitive damages awards>. Cf. INFER. 2. (Of a court) to impute or impose on equitable or legal grounds <the court implied a contract between the parties>. 3. To read into (a document) <citing grounds of fairness, the court implied a condition that the parties had not expressed>. See implied term under TERM (2). implication, n. "Anglo-American judges, who continually evaluate facts, often use the phrase by implication (= by what is implied, though not formally expressed, by natural inference), along with its various cognates. Judges (by implication) draw 'natural inferences' and thereby decide that something or other was, in the circumstances, 'implied.' Through the process of hypallage a semantic shift by which the attributes of the true subject are transferred to another subject the word imply has come to be used in reference to what the judges do, as opposed to the circumstances. This specialized use of imply runs counter to popular lay use and is not adequately treated in English-language dictionaries. 'The lawyer's imply has directly encroached on the word infer. Whereas nonlawyers frequently use inferfor imply, lawyers and judges conflate the two in the opposite direc tion, by using imply for infer. In analyzing the facts of a case, judges will imp/yone fact from certain others. (From is a telling preposition.) Nonlawyers believe they must be inferring an additional fact from those already known; if contractual terms are implied, they must surely be implied by the words or circumstances of the contract and not by the judges." Bryan A. Garner, A Dictionary ofModern Legal Usage 423, 424 (2d ed. 1995). import, n. (16c) 1. A product brought into a country from a foreign country where it originated <imports declined in the third quarter>. See PARALLEL IMPORTS. 2. The process of bringing foreign goods into a country <the import of products affects the domestic economy in significant ways>. Cf. EXPORT (1), (2). 3. The meaning; esp., the implied meaning <the court must decide the import ofthat obscure provision>. 4. Importance; sig nificance <time will tell the relative import ofJudge Posner's decisions in American law>. importation. (l7c) The bringing ofgoods into a country from another country. import duty. See nCTY (4). imported litigation. (1927) One or more lawsuits brought in a state that has no interest in the dispute. importer. (lSc) A person or entity that brings goods into a country from a foreign country and pays customs duties. Import-Export Clause. (1945) U.S. Const. art. I, 10, cl. 2, which prohibits states from taxing imports or exports. _ The Supreme Court has liberally interpreted this clause, allowing states to tax imports as long as the tax does not discriminate in favor of domestic goods. Also termed Export Clause. [Cases: Customs Duties ~1,2.] import letter of credit. See LETTER OF CREDIT. import quota. See QUOTA. import recording. See BOOTLEG RECORDING (1). importune (im-por-t[y]oon), vb. (l6c) To solicit force fully; to request persistently, and sometimes irk somely. impose, vb. (l7c) To levy or exact (a tax or duty). imposition. (l4c) An impost or tax. impositive fact. See FACT. impossibility. (l4c) 1. The fact or condition ofnot being able to occur, exist, or be done. 2. A fact or circumstance that cannot occur, exist, or be done. 3. Contracts. A fact or circumstance that excuses performance because (1) the subject or means of performance has deteriorated, has been destroyed, or is no longer available, (2) the method ofdelivery or payment has failed, (3) a law now prevents performance, or (4) death or illness prevents performance. _ Increased or unexpected difficulty and expense do not usu. qualify as an impossibility and thus do not excuse performance. Also termed impos sibility ofperformance. [Cases: Contracts 0309.] 4. The doctrine bv which such a fact or circumstance excuses contra~tual performance. Cf. FRUSTRATION (2); IMPRACTICABILITY. [Cases: Contracts ~309.] 5. Criminal law. A fact or circumstance preventing the commission of a crime. [Cases: Criminal Law 031, 44.] factual impossibility. (1932) Impossibility due to the fact that the illegal act cannot physically be accom plished, such as trying to pick an empty pocket. Factual impossibility is not a defense to the crime of attempt. -Also termed physical impossibility; impos sibility offact. [Cases: Criminal Law 44.] legal impossibility. (1831) 1. Impossibility due to the fact that what the defendant intended to do is not illegal even though the defendant might have believed that he or she was committing a crime. A legal impossibility might occur, for example, if a person goes hunting while erroneously believing that it is not hunting season. This type oflegal impossibil ity is a defense to the crimes of attempt, conspiracy, and solicitation. -Also termed impossibility oflaw; true legal impossibility. [Cases: Criminal Law 031, 2. ImpOSSibility due to the fact that an element required for an attempt has not been satisfied. _ This type oflegal impossibility might occur, for example, if a person pulls the trigger ofan unloaded gun pointed at another when the crime of attempt requires that the gun be loaded. This

a person pulls the trigger ofan unloaded gun pointed at another when the crime of attempt requires that the gun be loaded. This is a defense to the crime of attempt. [Cases: Criminal Law~'=>44.J objective impossibility. Impossibility due to the nature of the performance and not to the inability of the indi vidual promisor. [Cases: Contracts 0309.] subjective impossibility. Impossibility due wholly to the inability of the individual promisor and not to the nature of the performance. [Cases: Contracts 309.J supervening impossibility. Impossibility arising after the formation ofa contract but before the time when the promisor's performance is due, and arising because of facts that the promisor had no reason to anticipate and did not contribute to the occurrence of. [Cases: Contracts C== 309.] "Contracting parties constantly take a voluntary risk, and it would make the whole basis of contract insecure if they were allowed to plead every and any kind of supervening impossibility. Moreover, a man need not undertake this kind of risk unless he chooses. He can deliberately exclude it by stipulations in his contract, if the other party is willing to contract with him on those terms." 2 Stephen's Commen taries on the Laws ofEngland 82-83 (L. Crispin Warmington ed., 21st ed. 1950). impossibility-of-performance doctrine. (1960) The principle that a party may be released from a contract on the ground that uncontrollable circumstances have rendered performance impossible. Cf. FRUSTRATION (2); IMPRACTICABILITY. [Cases: Contracts C'" 309(1).] impossible consideration. See CONSIDERATION (1). impossible contract. See CONTRACT. impost (im-pohst). (16c) A tax or duty, esp. a customs duty <the impost was assessed when the ship reached the mainland>. See DUTY (4). impostor (im-pos-t~r). (l6c) One who pretends to be someone else to deceive others, esp. to receive the benefits of a negotiable instrument. -Also spelled imposter. [Cases: Banks and Banking c..~147; Bills and Notes C==201, 279.] impostor rule. Commercial law. The principle that an impostor's indorsement of a negotiable instrument is not a forgery, and that the drawer or maker who issues the instrument to the impostor is negligent and there fore liable to the holder for payment. -If a drawer or maker issues an instrument to an impostor, any result ing forgery of the payee's name will be effective in favor of a person paying on the instrument in good faith or 825 taking it for value or collection. UCC 3-404. [Cases: Banks and Banking (;=> 147; Bills and Notes (;=>201, 279.] impotence (im-p;H;;mts). (lSc) 1. A man's inability to achieve an erection and therefore to have sexual inter course . Because an impotent husband cannot con summate a marriage, impotence has often been cited as a ground for annulment. -Also termed impotency; physical incapacity; erectile dysfunction. 2. Hist. Steril ity. 3. Rare. A woman's physical inability to engage in sexual intercourse. impound, n. The portion of a monthly mortgage payment that is earmarked to pay property taxes and the prop erty-insurance premiums. See impound account under ACCOUNT. impound, vb. (lSc) 1. To place (something, such as a car or other personal property) in the custody of the police or the court, often with the understanding that it will be returned intact at the end of the proceeding. 2. To take and retain possession of (something, such as a forged document to be produced as evidence) in preparation for a criminal prosecution. impound account. See ACCOUNT. impoundment. (17c) 1. The action of impounding; the state of being impounded. See IMPOUND. 2. Constitu tionallaw. The President's refusal to spend funds appro priated by Congress . Although not authorized by the Constitution and seldom used, impoundment effec tively gives the executive branch a line-item veto over legislative spending. [Cases: United States <8::)82(1).] impracticability (im-prak-ti-b-bil-<l-tee). (17c) Con tracts. 1. A fact or circumstance that excuses a party from performing an act, esp. a contractual duty, because (though possible) it would cause extreme and unreasonable difficulty . For performance to be truly impracticable, the duty must become much more dif ficult or much more expensive to perform, and this difficulty or expense must have been unanticipated. [Cases: Contracts (;=>309(1).] 2. The doctrine by which such a fact or circumstance excuses performance. Cf. FRUSTRATION (2); IMPOSSIBILITY (4). commercial impracticability. (1913) The occurrence of a contingency whose nonoccurrence was an assump tion in the contract, as a result of which one party cannot perform. -Also termed (in the UCC) excuse byfailure ofpresupposed conditions. [Cases: Contracts (;=>309(1).] "The doctrines of Impossibility, Commerciallmpracticabil ity or as the Uniform Commercial Code knows it, Excuse by Failure of Presupposed Conditions, comprise unclimbed peaks of contract doctrine. Clearly, all of the famous early and mid-twentieth century mountaineers, Corbin, Williston, Farnsworth and many lesser men have made attempts on this topic but none has succeeded in conquering the very summit.... In spite ofattempts by all of the contract buffs and even in the face of eloquent and persuasive general statements, it remains impossible to predict with accuracy how the law will apply to a variety of relatively common cases. Both the cases and the Code commentary are full of weasel words such as 'severe' shortage, 'marked' increase, 'basic' assumptions, and 'force majeure.'" James J. White improbation & Robert S. Summers, Uniform Commercial Code 3-9. at 155 (3d ed. 1988). imprescriptible (im-pm-skrip-t;}-b;:,l), adj. (16c) Not subject to prescription; not capable of being acquired by prescription. imprescriptible right. See RIGHT. impressment (im-pres-m<lnt), n. (18c) 1. The act of forcibly taking (something) for public service. 2. A court's imposition of a constructive trust on equitable grounds. See constructive trust under TRUST. 3. Archaic. The method by which armed forces were formerly expanded, when so-called press-gangs seized men off the streets and forced them to join the army or navy. Cf. CRIMPING. impress, vb. imprest fund. See FUND (1). imprest money (im-prest). A payment made to a soldier or sailor upon enlistment or impressment. imprimatur (im-pri-may-t<lr or -mah-t<lr). [Latin "let it be printed"] (l7c) 1. A license required to publish a book. Once reqUired in England, the imprimatur is now encountered only rarely in countries that censor the press. 2. A general grant of approval; commenda tory license or sanction. imprimis (im-prI-mis), adv. [fro Latin in prim is "in the first"] (ISc) In the first place. -Also termed in primis. imprison, vb. (14c) To confine (a person) in prison. imprisonment, n. (14c) 1. The act ofconfining a person, esp. in a prison <the imprisonment of Jackson was entirely justified>. 2. The state of being confined; a period of confinement <Jackson's imprisonment lasted 14 years>. See FALSE IMPRISONMENT. "Imprisonment, by whatever name it is called, is a harsh thing, and the discipline that must be exerCised over human beings in close confinement can never be wholly agreeable to those subject to it. When an attempt is made to hide the harsh realities ofcriminal justice behind euphe mistic descriptions, a corrupting irony may be introduced into ordinary speech that is fully as frightening as Orwell's 'Newspeak.''' Lon L. Fuller, Anatomy ofthe Law 57 (1968). imprisonment for debt. Hist. Detention of a debtor by court order to force the debtor to pay certain civil obli gations . The remedy was usu. available only when the debt arose from nonpayment of taxes or fines owed to the Crown, or from the debtor's failure to pay court-ordered support or alimony, or from the debtor's failure to obey a decree ad factum praestandum. -Also termed civil imprisonment. See decree ad factum prae standum under DECREE. improbation. Scots law. An action to prove that a document is forged or otherwise false. -Also termed proper improbation. reduction improbation. Scots law. An action in which a person who may be hurt or affected by a document can demand the document's production in court. The person bringing the action may ask the court either to determine the document's effects or to nullify the 826 improper document. Ifthe document is not produced, the court can automatically declare it false or forged. improper, adj. (ISc) 1. Incorrect; unsuitable or irregular. 2. f;raudulent or otherwise wrongful. improper cumulation ofactions. Hist. Under the com mon-law pleading system, the joining of inconsistent causes ofaction in one proceeding . This is permitted under most modern pleading systems. improperfeud. See FEUD (1). improper influence. See UNDUE INFLUENCE (2). improper means ofdiscovery. Trade secrets. A wrongful way of figuring out a competitor's trade secret, as by misrepresentation, eavesdropping, or stealing. [Cases: Antitrust and Trade Regulation C:::=-414.J improper motion. See MOTION (2). impropriate rector. See RECTOR (1). impropriation (im-proh-pree-ay-sh;m). Eccles. law. The grant of an ecclesiastical benefice to the use of a lay person, whether individual or corporate. See LAY IMPROPRIATOR. Cf. APPROPRIATION (5). "A church might also be appropriated to a layman, and the proper word to denote this was impropriation as distinct from appropriation, which was confined to the case of an allocation to a spiritual body." G,c. Cheshire, Modern Law ofRea! Property 333 (3d ed. 1933), improve, vb. (16c) 1. To increase the value or enhance the appearance of something. 2. To develop (land), whether or not the development results in an increase or a decrease in value. -improver, n. improved land. See LAND. improved value. (1834) Real estate. In the appraisal of property, the value of the land plus the value of any improvements. improvement. (16c) An addition to real property, whether permanent or not; esp., one that increases its value or utility or that enhances its appearance. Also termed land improvement. Cf. FIXTURE. [Cases: Improvements C:::=-l.J beneficial improvement. See valuable improvement. general improvement. (17c) An improvement whose primary purpose or effect is to benefit the public gen erally, though it may incidentally benefit property owners in its vicinity. local improvement. (1831) A real-property improve ment, such as a sewer or sidewalk, financed by special assessment, and specially benefiting adjacent property. [Cases: Municipal Corporations (;.':;)265.] necessary improvement. (17c) An improvement made to prevent the deterioration ofproperty. public improvement. An improvement made to property owned by the state or any other political entity, such as a municipality. [Cases: Municipal Cor porations C:::=-26S; States C:::=-83.] valuable improvement. (I8c) An improvement that adds permanent value to the freehold . Because ofits nature, a valuable improvement would not typically be made by anyone other than the owner. A valuable improvement may be slight and of small value, as long as it is both permanent and beneficial to the property. Also termed beneficial improvement. voluntary improvement. An improvement whose only purpose is ornamental. [Cases: Improvements C:::=-l. improvement bond. See revenue bond under BOND (3). improvement claim. See Jepson claim under PATENT CLAIM. improvement invention. See INVENTION. improvement patent. See PATENT (3). improvidence (im-prahv-a-d.mts). (1Sc) A lack of fore sight and care in the management of property, esp. as grounds for removing an estate administrator. improvident (im-prahv-a-d;:mt), adj. (16c) 1. Lacking foreSight and care in the management ofproperty. 2. Of or relating to a judgment arrived at by using misleading information or a mistaken assumption. impruiare (im-proo-ee-air-ee), vb. [Law Latin] Hist. To improve land. impubes (im-pyoo-beez), n. [Latin] Roman law. A child under the age of puberty . Under Roman law, this term referred to a male under 14 and a female under 12. PI. impuberes (im-pyoo-ba-reez). Cf. INFANS. impugn (im-pyoon), vb. (14c) To challenge or call into question (a person's character, the truth of

n (im-pyoon), vb. (14c) To challenge or call into question (a person's character, the truth ofa statement, etc.). -impugnment, n. impulse, 11. (17c) A sudden urge or inclination that prompts an unplanned action. uncontrollable impulse. (1844) An impulse so over whelming that it cannot be resisted . In some juris dictions, an uncontrollable impulse serves as a defense to criminal conduct committed while in the grip of the impulse. See IRRESISTIBLE-IMPULSE TEST. [Cases: Criminal Law C::::> 50.] impunity (im-pyoo-na-tee). (16c) Exemption from pun ishment; immunity from the detrimental effects of one's actions <because she was a foreign diplomat, she was able to park illegally with impunity>. Cf. IMMUNITY (1). imputation, n. (16c) The act or an instance of imputing something, esp. fault or crime, to a person; an accusa tion or charge <an imputation of negligence>. imputation ofpayment. Civil law. The act ofapplying or directing a payment to principal or interest on a debt, or to a particular debt when there are two or more. La. Civ. Code arts. 1864, 1866. impute (im-pyoot), vb. (14c) To ascribe or attribute; to regard (usu. something undesirable) as being done, caused, or possessed by <the court imputed malice to the defamatory statement>. imputation, n. imputable, adj. "The word 'impute' comes from im (in) and putare (reckon), It means to bring into the reckoning, to attribute or to ascribe, It is sometimes used to attribute vicariously, -to ascribe as derived from another. This is included properly 827 in arrears within the general import of the term but it is not its primary meaning. It may be used in many senses. Thus we may impute (ascribe) intent, knowledge, guilt, and so forth. Here it is used in the basic sense of imputing (ascrib ing) the fact itself. Harm has been done. Did the defendant do it? Usually such an inquiry is purely factual. What really happened? At times, however, when all the facts are known we have to ask: Will the law impute (attribute or ascribe) what happened to the defendant? That is what is meant here by 'imputability.'" Rollin M. Perkins &Ronald N. Boyce, Criminal Law 605 (3d ed. 1982). imputed disqualification. See vicarious disqualification under DISQUALIFICATION. imputed income. See INCOME. imputed interest. See INTEREST (3). imputed knowledge. See KNOWLEDGE. imputed negligence. See NEGLIGENCE. imputed notice. See NOTICE. in, prep. Under or based on the law of<to bring an action in contract>. in absentia (in ab-sen-shee-<l or ab-sen-sh<l). [Latin] (1886) In the absence of (someone); in (someone's) absence <tried in absentia>. inaccuracy rejection. See REJECTION. in acquirenda possessione (in ak-w<l-ren-d<l p<l-zes[h] ee-oh-nee). [Latin] Hist. In the course ofacquiring pos session. in action. (ISc) (Of property) attainable or recoverable through litigation. See chose in action under CHOSE. inactive case. See CASE. inactive stock. See STOCK. inadequate assistance of counsel. See ineffective assis tance ofcounsel under ASSISTANCE OF COUNSEL. inadequate consideration. See CONSIDERATION (1). inadequate damages. See DAMAGES. inadequate remedy at law. (lS17) A remedy (such as money damages) that does not suffidently correct the wrong, as a result ofwhich an injunction may be available to the disadvantaged party. See IRREPARABLE INJURY RULE. [Cases: Injunction (;::::> 15, 13S.9.] inadmissible, adj. (18c) 1. (Ofa thing) not allowable or worthy ofbeing admitted. 2. (Of evidence) excludable by some rule ofevidence. [Cases: Federal Civil Proce dure (;::::>2011: Trial C::'43.] 3. (Ofan alien) ineligible for admission into a country or (if the alien has already entered illegally) subject to removal. inadmissible alien. See ALIEN. in adversum (in ad-v3r-s<lm). [Law Latin] Against an adverse party. "Where a decree is obtained against one who resists, it is termed 'a decree not by consent but in adversum,'" 1 John Bouvier, Bouvier's Law Dictionary 1518 (8th ed. 1914). inadvertence, n. (ISc) An accidental oversight: a result ofcarelessness. inadvertent discovery. (1971) Criminal procedure. A law-enforcement officer's unexpected finding of incriminating evidence in plain view. Even though this type of evidence is obtained without a warrant, it can be used against the accused under the plain-View exception to the warrant requirement. [Cases: Searches and Seizures (;::::>48.] inadvertent negligence. See NEGLIGENCE. inaedificatio (in-ee-di-fi-kay-shee-oh), n. [Latin] Roman law. The act ofbuilding on another's land with one's own materials, or on one's own land with another's materials . 1his was a form ofaccessio. Regardless of the source of the materials, the building became the landowner's property. See ACCESSIO. in aemulationem (in ee-mY<l-lay-shee-oh-nJm). [Latin] Hist. With a desire to injure; with an intent to annoy. in aemulationem vicini (in ee-mY<l-lay-shee-oh n<lm vI-sl-nr). [Latin] Hist. To the annoyance of a neighbor. in aequali jure (in ee-kway-h joor-ee). [Law Latin] In equal right. in aequali manu (in ee-kway-lr man-yoo). [Law Latin] In equal hand. This phrase refers to property held indifferently between two parties, as when the parties to an instrument deposit it in the hands of a neutral third person. -Also termed in aequa manu. in aequo (in ee-kwoh). [Law Latin] Hist. In equity. Cf. EX AEQUO ET BONO. inalienable, adj. (l7c) Not transferable or assignable <inalienable property interests>. -Also termed unalienable. inalienable interest. See INTEREST (2). inalienable right. See RIGHT. in alieno solo (in ay-lee-or al-ee-ee-noh soh-loh). [fro Law French en auter soile] In another's land. in alio loco (in al-ee-oh loh-koh). [Latin] In another's place. See CEPIT IN ALiO LOCO. in ambiguo (in am-big-yoo-oh). [Law Latin] In doubt. in apicibus juris (in <l-pis-<l-b<ls joor-is). [Latin] Among the extremes (or most subtle doctrines) ofthe law. inarbitrable, adj. (lSc) 1. (Of a dispute) not capable of being arbitrated; not subject to arbitration. [Cases: Alternative Dispute Resolution C::O118.] 2. Not subject to being decided. in arbitrio alieno (in ahr-bi-tree-oh ay-Iee-ee-noh or al-ee-). [Law Latin] According to the judgment of another . This term refers to property bequeathed to a trustee for the benefit of others, to be used in the trustee's discretion. in arbitrium judicis (in ahr-bi-tree-<lm joo-di-sis). [Latin] At the decision or discretion ofthe judge. in arcta et salva custodia (in ahrk-t<l et sal-v<l b-stoh dee-<l). [Latin] In dose and safe custody. in arrears (in <l-reerz), adj. & adv. (17c) 1. Behind in the discharging of a debt or other obligation <the tenants were in arrears with the rent>. 2. At the end of a term or period instead ofthe beginning <the interests, fees, and costs are payable in arrears>. in articulo mortis (in ahr-tik-ya-Ioh mor-tis). [Law Latin] At the point ofdeath. Cf. IN EXTREMIS. inaudita altera parte (in-aw-di-ta or in-aw-dJ-ta al-ta-ra pahr-tee). [Latin "without hearing the other party"] Ex parte. Ihe term is sometimes used in decisions of the European Court ofJustice. See EX PARTE. inauguration (i-naw-gya-ray-sh;m), n. (16c) 1. A formal ceremony inducting someone into office. 2. A formal ceremony introducing something into public use. 3. The formal commencement ofa period oftime or course of action. inaugurate (i-naw-gya-rayt), vb. inau guratory (i-naw-gya-ra-tor-ee), adj. inaugurator (i-naw-gya-ray-tJr), n. in autre droit (in oh-tra droyt). [Law French] See EN AUTRE DROIT. in bane. See EN BANC. in banco. See EN BANC. in bank. See EN BANC. in being. (17c) Existing in life dife in being plus 21 years>. In property law, this term includes children conceived but not yet born. -Also termed in esse. See LIFE IN BEL'-IG. "The intentional killing of one not 'in being,' i.e. an unborn child, was until 1929 punishable neither as murder nor as infanticide. There can be no murder nor manslaughter of a child which dies before being born or even whilst being born, only of one that has been born and, moreover, been born alive," j.W. Cecil Turner, Kenny's Outlines of Criminal Law 104 (16th ed, 1952), in blank. (1836) (Of an indorsement) not restricted to a particular indorsee. See blank indorsement under INDORSEMENT. inboard, adj. Maritime law. (Of cargo) stowed between the boards (Le., sides) of the vessel; esp., stowed inside or near the vessel's centerline. in bonis defuncti (in boh-nis di-fangk-tI). [Latin] Hist. Among the property ofthe deceased. in bonis esse (in boh-nis es-ee or es-ay). [Latin "to be among the goods"] Roman law. 1. To be someone's property. 2. (Of property) held in possession without benefit ofa solemn act (such as mancipatio) required to transfer ownership, until ownership might be acquired by the passage of time. See bonitary ownership under OWNERSHIP. in bonis habere (in boh-nis hJ-beer-ee). See bonitary ownership under OWNERSHIP. Inc. abbr. Incorporated. in cahoots. See CAHOOTS. in camera (in kam-a-ra), adv. & adj. [Law Latin "in a chamber"] (1872) 1. In the judge's private chambers. 2. In the courtroom with all spectators excluded. 3. (Ofa judicial action) taken when court is not in session. Also termed (in reference to the opinion ofone judge) in chambers. in camera inspection. (1953) A trial judge's private con sideration ofevidence. [Cases: Pretrial Procedure 411; Privileged Communications and Confidentiality (;::::>31.] in camera proceeding. See PROCEEDING. in camera sitting. See SITTING. in campo (in kam-poh). [Latin] Hist. In the field; before the court. incapacitated person. (1834) A person who is impaired by an intoxicant, by mental illness or deficiency, or by physical illness or disability to the extent that personal decision-making is impossible. incapacitation, n. (18c) 1. The action of disabling or depriving oflegal capacity. 2. The state ofbeing disabled or lacking legal capacity. incapacitate, vb. incapacity. (17c) 1. Lack of physical or mental capabili ties. 2. Lack ofability to have certain legal consequences attach to one's actions . For example, a five-year-old has an incapacity to make a binding contract. 3. DIS ABILITY (2).4. DISABILITY (3). Cf. INCOMPETENCY. testimonial incapacity. (1867) The lack of capacity to testify. [Cases: Witnesses (;:::;'35.] incapax doli (in-kay-paks doh-h). See CAPAX DOLI. in capita. Individually. See PER CAPITA. in capite (in kap-a-tee). [Law Latin "in chief"] Hist. A type of tenure in which a person held land directly of the Crown. -Also termed tenure in capite. incarceration, n. (16c) The act or process of confin ing someone; IMPRISONMENT. Cf. DISIMPRISONMENT; DECARCERATION. -incarcerate, vb. incarcerator,

. DISIMPRISONMENT; DECARCERATION. -incarcerate, vb. incarcerator, n. shock incarceration. (1985) Incarceration in a mili tary-type setting, usu. for three to six months, during which the offender is subjected to strict discipline, phYSical exercise, and hard labor. See 18 USCA 4046. After successfully completing the program, the offender is usu. placed on probation. See BOOT CAMP. Cf. shock probation under PROBATION. in casu consimili. See CASU CONSIMILI. in casu proviso (in kay-s[y]oo prJ-vI-zoh). See CASU PROVISO. in causa (in kaw-za). [Latin] Hist. In the cause <the record in causa Abercromby v. Graham is dosed>. incendiarius (in-sen-dee-air-ee-as), n. Roman law. A fire-starter; arsonist. incendiary (in-sen-dee-er-ee), n. (15c) 1. One who delib erately and unlawfully sets fire to property. Also termed arsonist;firebug. 2. An instrument (such as a bomb) or chemical agent deSigned to start a fire. incendiary, adj. incendium (in-sen-dee-am), n. [Latin] 1. Roman law. Fire. 2. Hist. Arson. incentive pay plan. (1948) A compensation plan in which increased productivity is rewarded with higher pay. 829 incentive stock option. See STOCK OPTION (2). incentive theory. Intellectual property. The proposition that society grants creators exclusive rights to their intellectual property in order to stimulate further cre ativity. -The Patent and Copyright Clause ofthe U.S. Constitution declares that the purpose ofexclusive right protection is "to Promote the Progress ofScience and useful Arts." U.S. Const. art. 1, 8, cl. 8. incentive-to-commerciaJize theory. Patents. The economic theory justifying the grant of patent rights based on how efficient the patent system is at bringing together diverse resources such as commercial backing, manufacturing capacity, marketing know-how, and other skills that the inventor alone would be unable to handle. Also termed incentive-to-invest theory; incentive-to-innovate theory; prospect theory. Cf. INCEN TlVE-TO-DESIGN-AROUND THEORY; INCENTIVE-TO-DIS CLOSE THEORY; INCENTIVE-TO-INVENT THEORY. incentive-to-design-around theory. Patents. The economic theory justifying the grant of patent rights based on their tendency to encourage others to design substitutes and improvements that are better or cheaper. Cf. INCENTlVE-TO-COMMERCIALIZE THEORY; INCENTIVE-TO-DISCLOSE THEORY; INCENTIVE-TO INVENT THEORY. incentive-to-disclose theory. Patents. The economic theory justifying the grant of patent rights based on the social benefit ofhaVing the information enter the public domain. _ Without the incentive, the argument goes, the technical advancements would remain trade secrets and the duplication ofresearch efforts would be a waste to society. Cf. INCENTIVE-TO- COMMERCIAL IZE THEORY; INCENTIVE-TO-DESIGN-AROUND THEORY; INCENTIVE-TO-INVENT THEORY. incentive-to-innovate theory. See INCENTIVE-TO-COM MERCIALlZE THEORY. incentive-to-invent theory. Patents. The economic theory justifying the grant of patent rights based on their tendency to encourage new inventions that henefit society and that may not otherwise be developed. Cf. INCENTIVE-TO-COMMERCIALlZE THEORY; INCENTIVE TO-DESIGN-AROUND THEORY; INCENTIVE-TO-DISCLOSE THEORY. incentive-to-invest theory. See INCENTIVE-TO-COMMER CIALIZE THEORY. incentive zoning. See ZONING. incerta persona (in-s,n-td p<:>r-soh-n<:. [Latin "uncer tain person"] Roman law. A person (or corporate body) that could not inherit property, such as a person whose existence was uncertain or whom the testator could not identify by name (such as the first person to appear at the testator's funeral). PI. incertae personae. "Another change under Justinian was of much greater importance. Gifts of all kinds could now be made to incertae personae . ..." W.W. Buckland, A TextBook of Roman Law from Augustus to Justinian 363 (Peter Stein ed., 3d ed. 1963). Inchmaree clause incerto patre (in-s;}r-toh pay-tree). [Latin] Hist. From an uncertain father . The phrase appeared in reference to illegitimate children. incest, n. (l3c) 1. Sexual relations between family members or close relatives, including children related by adoption . Incest was not a crime under English common law but was punished as an ecclesiastical offense. Modern statutes make it a felony. [Cases: Incest "Although incest under both English and American law is a distinct crime, its commission may involve any of eight different offenses: illegal marriage, consensual cohabi tation by unmarried persons, fornication (consensual intercourse), forcible rape, statutory rape, child abuse, and juvenile delinquency (sexual relations between minor siblings or cousins).... The choice of crime charged is generally one of prosecutorial discretion. Unless one of the participants is a minor and the other an adult, both parties may be prosecuted for incest." Lois G. Forer, "Incest," in 3 Encyclopedia of Crime and Justice 880, 880 (Sanford H. Kadish ed., 1983). 2. Intermarriage between persons related in any degree of consanguinity or affinity within which marriage is prohibited -for example, through the unde-niece or aunt-nephew relationship. [Cases: Incest Marriage (;J10.] -incestuous, adj. incestuosi (in-ses-choo-oh-sr). [Law Latin] Hist. Children begotten incestuously. Cf. ADULTERINL incestuous adultery. See ADULTERY. in chambers. See IN CAMERA. inchartare (in-kahr-tair-ee), vb. [Law Latin "to put in charter"] Hist. To grant by written instrument. in chief. (17c) 1. Principal, as opposed to collateral or incidental. 2. Denoting the part of a trial in which the main body of evidence is presented. See CASE-IN CHIEF. Inchmaree clause (inch-md-ree). Maritime law. An insurance-policy provision that protects against risks not caused by nature, such as a sailor's negligence or a latent defect in machinery . This term is taken from a British ship, the Inchmaree, whose sinking in 1884 gave rise to litigation that led to the clause bearing its name. See Thames & Mersey Marine Ins. Co. v. Hamilton, Fraser & Co., [1887] LR. 12 App. Cas. 484. -Also termed additional-perils clause. [Cases: Insurance 2228,2231.] "The most celebrated deCision of recent times under the 'general' clause was doubtless Thames & Mersey Marine Ins. Co. v. Hamilton, Fraser & Co., 12 App.Cas. 484 (1887). A pump, insured as part of the machinery of a vessel, clogged through valve failure and was damaged. The House of lords held this accident arose neither through a 'peril of the sea' nor through a cause ejusdem generis with the enumerated perils .... This was a disquieting deciSion, for it more than suggested that many costly accidents that might be suffered by the expensive machinery on steam vessels were not covered by the standard marine policy. The result was the inclusion of the celebrated 'Inchmaree' clause in hull policies, extending special coverage not only to machinery breakage but to many other classes of loss not covered by the standard perils clause as restrictively construed." Grant Gilmore & Charles L. Black Jr., The Law ofAdmiralty 48, at 74 n.90 (2d ed. 1975). inchoate (in-koh-it), adj. (I6c) Partially completed or imperfectly formed; just begun. Cf. CHOATE. -incho ateness, n. "The word 'inchoate,' not much used in ordinary discourse, means 'just begun,' 'undeveloped.' The common law has given birth to three general offences which are usually termed 'inchoate' or 'preliminary' crimes -attempt, con spiracy, and incitement. A principal feature of these crimes is that they are committed even though the substantive offence is not successfully consummated. An attempt fails, a conspiracy comes to nothing, words of incitement are ignored -in all these instances, there may be liability for the inchoate crime." Andrew Ashworth, Principles of Criminal Law 395 (1991). inchoate crime. See inchoate offense under OFFENSE (1). inchoate dower. See DOWER. inchoate instrument. See INSTRUMENT (3). inchoate interest. See INTEREST (2). inchoate lien. See LIEN. inchoate offense. See OFFENSE (1). inchoate right. 1. A right that has not fully developed, matured, or vested. 2. Patents. An inventor's right that has not yet vested into a property right because the patent application is pending. [Cases: Patents C=> 182.] incident, adj. (ISc) Dependent upon, subordinate to, arising out of, or otherwise connected with (something else, usu. of greater importance) <the utility easement is incident to the ownership ofthe tract>. incident, n. (ISc) 1. A discrete occurrence or happening <an incident of copyright infringement> 2. A depen dent, subordinate, or consequential part (of something else) <child support is a typical incident ofdivorce>. incidental, adj. (I7c) Subordinate to something ofgreater importance; having a minor role <the FAA determined that the wind played only an incidental part in the plane crash>. incidental admission. See ADMISSION (1). incidental authority. See AUTHORITY (1). incidental beneficiary. See BENEFICIARY. incidental damages. See DAMAGES. incidental demand. See DEMAND (1). incidental main motion. See MOTION (2). incidental motion. See MOTION (2). incidental power. See incident power under POWER (3). incidental use. See USE (1). incidenter (in-si-den-t;:lr). [Latin] Hist. Incidentally. incident of ownership. (usu. pl.) (1821) Any right of control that may be exercised over a transferred life insurance policy so that the policy's proceeds will be included in a decedent's gross estate for estate-tax purposes <because Douglas still retained the incidents of ownership after giving his life-insurance policy to his daughter, the policy proceeds were taxed against his estate> . The incidents of ownership include the rights to change the policy's beneficiaries and to borrow against, assign, and cancel the policy. [Cases: Internal Revenue C=>41SS.] incident power. See POWER (3). incident to employment. Workers' compensation. A risk that is related to or connected with a worker's job duties. [Cases: Workers' Compensation C=>61O-611.] incidere (in-sid-;:l-ree), vb. [Latin "fall into or on"] Roman law. To come within the scope of a law or to fall into a legal category; esp. to become involved in a situation that entangles a person in a legal action . This term had a similar meaning under English law. For example, a person might become liable to (or "fall into") amerce ment (incidere in misericordiam). See AMERCEMENT. incipitur (in-sip-i-t;:lr). [Law Latin] Hist. It is begun . This refers to the practice of entering the commence ment ofa pleading on the court roll. incite, vb. (ISc) To provoke or stir up (someone to commit a criminal act, or the criminal act itself). Cf. ABET. incitee. A person who has been incited, esp. to commit a crime. inciteful, adj. Tending to incite <inciteful speech>. incitement, n. (ISc) 1. The act or an instance of pro voking, urging on, or stirring up. 2. Criminal law. The act of persuading another person to commit a crime; SOLICITATION (2). [Cases: Criminal Law C=>4S.] inciteful, adj. "An inciter is one who counsels, commands or advises the commission of a crime. It will be observed that this defini tion is much the same as that of an accessory before the fact. What, then, is the difference between the two? It is that in incitement the crime has not (or has not necessarily) been committed, whereas a party cannot be an accessory in crime unless the crime has been committed. An acces sory before the fact is party to consummated mischief; an inciter is guilty only of an inchoate crime." Glanville Williams, Criminal Law612 (2d ed. 1961). "Emphasis upon the theory of one offense with guilt attach ing to several is quite appropriate because it is still part of the groundwork of our legal philosophy, so far as perpetra tors, abettors and inciters are concerned, despite the fact that some of the statutes require lipservice to the notion of a separate substantive offense, in the effort to

despite the fact that some of the statutes require lipservice to the notion of a separate substantive offense, in the effort to avoid certain procedural difficulties. It explains how one may be guilty of a crime he could not perpetrate, by having caused or procured it as a result of his abetment or incitement." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 732-33 (3d ed. 1982). inciter. (ISc) A person who incites another to commit a crime; an aider or abettor. inciting revolt. See MUTINY. incivile (in-siv-;:l-lee), adj. [Law Latin] Irregular; out of the due course oflaw. incivism (in-si-viz-;:lm). (18c) Unfriendliness toward one's own country or its government; lack of good citizenship. inclausa (in-klaw-zJ). [Law Latin] Hist. An enclosure near a house; a home close. See CLOSE (1). in clientela (in klr-Jn-tee-l;:l). [Latin] Hist. In the relation between client and patron. 831 income inclose, vb. See ENCLOSE. inclosure. See ENCLOSURE. include, vb. (I5c) To contain as a part of something. -The participle including typically indicates a partial list <the plaintiff asserted five tort claims, including slander and libel>. But some drafters use phrases such as including without limitation and including but not limited to which mean the same thing. See NAMELY. included offense. See lesser included offense under OFFENSE (1). inclusionary-approach rule. (1981) The principle that evidence ofa prior crime, wrong, or act is admissible for any purpose other than to show a defendant's criminal propensity as long as it is relevant to some disputed issue and its probative value outweighs its prejudicial effect. [Cases: Criminal Law ~--:)369.2(1).] indusio unius est exclusio alterius. See EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS. inclusive deed. See inclusive grant under GRANT. inclusive grant. See GRANT. inclusive legal positivism. See INCORPORATIONISM. inclusive survey. See SURVEY. incognito (in-kog-nee-toh or in-kog-ni-toh), adj. or adv. [Latin "unknown"] (l7c) Without making one's name or identity known <Binkley flew incognito to France>. incola (in-k<l-l<l), n. [Latin "an inhabitant"] Roman law. A foreign resident without full civil rights; the inhabitant of a foreign colony. -The term is used particularly for provincial residents who were not Roman citizens. Also termed (in English) incolant. Cf. PEREGRINUS. income. (16c) The money or other form of payment that one receives, usu. periodically, from employment, business, investments, royalties, gifts, and the like. See EARNINGS. Cf. PROFIT. accrued income. (1869) Money earned but not yet received. accumulated income. Income that is retained in an account; esp., income that a trust has generated, but that has not yet been reinvested or distributed by the trustee. ICases: Internal Revenue ~4008.] accumulated taxable income. lhe income of a corpo ration as adjusted for certain items (such as excess charitable contributions), less the diVidends-paid deduction and the accumulated-earnings credit. _ It serves as the base upon which the accumulated earnings tax is imposed. See accumulated-earn ings tax under TAX. [Cases: Internal Revenue 3833.J active income. (1972) 1. Wages; salary. 2. Income from a trade or business. adjusted gross income. (1940) Gross income minus allowable deductions specified in the tax code. - Abbr. AGI. [Cases; Taxation <>:>3447.J adjusted ordinary gross income. A corporation's gross income less capital gains and certain expenses. The IRS uses this calculation to determine whether a corporation is a personal holding company. If60% or more of a corporation's AOGI consists of certain passive investment income, the company has met the test for personal-holding-company c1assification.IRC (26 USCA) 543(b). -Abbr. AOGI. See personal holding company under COMPANY. [Cases: Internal Revenue ~3853-3858.] aggregate income. (1926) The combined income of a husband and wife who file a joint tax return. [Cases: Internal Revenue ~3566.1, 4481.] blocked income. Money earned by a foreign taxpayer but not subject to U.S. taxation because the foreign country prohibits changing the income into dollars. current income. Income that is due within the present accounting period. -Also termed current revenue. deferred income. (1918) Money received at a time later than when it was earned, such as a check received in January for commissions earned in November. disposable income. (1960) Income that may be spent or invested after payment of taxes and other primary obligations. -Also termed disposable earnings. distributable net income. (1918) The amount of dis tributions from estates and trusts that the beneficia ries will have to include in income. [Cases: Internal Revenue ~3173, 4018.] dividend income. (1930) The income resulting from a dividend distribution and subject to tax. [Cases: Internal Revenue ~3743-3774; Taxation 3458.] earned income. (1894) Money derived from one's own labor or active participation; earnings from services. Cf. unearned income (2). exempt income. (1947) Income that is not subject to income tax. [Cases: Internal Revenue C=::4045-4071; Taxation (;:::;,3518.] fixed income. Money received at a constant rate, such as a payment from a pension or annuity. gross income. (1843) Total income from all sources before deductions, exemptions, or other tax reduc tions. See IRC (26 USCA) 61. Also termed gross earnings. [Cases: Taxation ~3447.] imputed income. (1948) lhe benefit one receives from the use of one's own property, the performance of one's services, or the consumption of self-produced goods and services. income in respect ofa decedent. (1945) Income earned by a person, but not collected before death. This income is included in the decedent's gross estate for estate-tax purposes. For income-tax purposes, it is taxed to the estate or, if the estate does not collect the income, it is taxed to the eventual recipient. Abbr. IRD. [Cases: Internal Revenue ~4035-4039; Taxation ~3495.J "If a decedent has earned income that he or she had not received before death and was not entitled to receive before death. such income is known -for Federal Income Tax 832 income-and-expense declaration purposes as 'income in respect of a decedent' (I.R.D.). For example, if the decedent earned fees or salary or wages for work done before death but not payable until later, and if decedent was a cash method taxpayer (versus an accrual method taxpayer), that earned but unpaid income would not properly be shown on the final income tax return filed for the decedent, for that taxable period ends with the date of death. Rather it is I.R.D. that becomes taxable to the estate of the decedent.'"John K. McNulty, Federal Estate and Gift Taxation in a Nutshell 89 (5th ed. 1994). investment income. See unearned income (1). net income. (18c) Total income from all sources minus deductions, exemptions, and other tax reductions. Income tax is computed on net income. -Also termed net earnings. [Cases: Taxation ~3448.] net operating income. Income derived from operating a business, after subtracting operating costs. nonoperating income. Business income derived from investments rather than operations. operating income. See ordinary income (1). ordinary income. (1860) 1. For business-tax purposes, earnings from the normal operations or activities of a business. Also termed operating income. 2. For individual income-tax purposes, income that is derived from sources such as wages, commissions, and interest (as opposed to income from capital gains). [Cases: Internal Revenue (;:=>3230.1-3257; Taxation 3466.] other income. Income not derived from an entitv's principal business, such as earnings from dividen'ds and interest. passive income. (1958) Income derived from a business, rental, or other income-producing activity that the earner does not directly participate in or has no immediate control over. See PASSIVE ACTIVITY. Cf. portfolio income. passive investment income. Investment income that does not involve or require active participation, such as gross receipts from royalties, rental income, divi dends, interest, annuities, and gains from the sale or exchange of securities. IRC (26 USCA) 1362(d). [Cases: Internal Revenue personal income. (1851) The total income received by an individual from all sources. portfolio income. (1978) Income not derived in the ordinary course ofa trade or business, such as interest earned on saVings, dividends, royalties, capital gains, or other investment sources. For tax purposes, losses on passive activities cannot be used to offset net portfolio income. Cf. passive income. prepaid income. (1935) Income received but not yet earned. Also termed deferred revenue. previously taxed income. An S corporation's undistrib uted taxable income taxed to the shareholders as ofthe last day of the corporation's tax year . This income could usu. be withdrawn later by the shareholders without tax consequences. PTr has been replaced by the accumulated adjustments account. -Abbr. PTI. real income. Income adjusted to allow for inflation or deflation so that it reflects true purchasing power. regular income. Income that is received at fixed or specified intervals. split income. (1949) An equal division between spouses of earnings reported on a joint tax return, allowing for equal tax treatment in community-property and common-law states. taxable income. (1856) Gross income minus all allow able deductions and exemptions . Taxable income is multiplied by the applicable tax rate to compute one's tax liability. [Cases: Internal Revenue 0=)4529; Taxation (;:=>3448.] unearned income. (1921) 1. Earnings from investments rather than labor. Also termed investment income. 2. Income received but not yet earned; money paid in advance. Cf. earned income. unrelated-business income. (1952) Tax. Gross income earned by a nonprofit corporation from activities unrelated to its nonprofit functions . A nonprofit corporation's income is tax-exempt only to the extent that it is produced by activities directly related to its nonprofit purpose. Also termed unrelated-busil1eSS taxable income. IRC (26 USCA) 512(a)(3)(A). [Cases: Internal Revenue (;:=>4068.] "The [Internal Revenue] Service has justified the unrelated business income tax as a means of preventing unfair competition between tax-exempt and for-profit provid ers. Thus, part of the analysis of whether income from a business venture is unrelated business taxable income focuses on the impact of the activity on competitors by inquiring whether the activity at issue is one generally offered by commercial enterprise. The categorization of a business activity of an exempt organization as related or unrelated to the exempt purpose of the organization follows very few bright-line rules. Approaches to the question of exempt purposes within the context of unre lated business income differ substantially from those used in the context of the qualification of an entity for exempt status itself: Barry R. Furrow et aI., Health Law 81, at 419 (2d ed. 2000). income-and-expense declaration. Family law. In child support litigation, a document that contains infor mation on a parent's income, assets, expenses, and liabilities. -Also termed financial statement. [Cases: Child Support ~183.] income approach. (1951) A method of appraising real property based on capitalization ofthe income that the propertyis expected to generate. -Also termed illcome capitalization approach. Cf. MARKET APPROACH; COST APPROACH. [Cases: Taxation income averaging. Tax. A method ofcomputing tax by averaging a person's current income with that of pre ceding years. [Cases: Internal Revenue (;::=03092.] "A distinct departure from the strict annual system of taxing income is the concept of averaging income, allowed until repeal by the 1986 T.R.A .... [T]he rate at which the item was taxed was made to depend not only on the rates and level of income for that year, but upon the taxpayer's 833 in confinio majoris aetatis experience over the past four years. The item was (some times) taxed as if it had been received over a fouryear period. Especially for authors, actors, athletes, and other taxpayers who have fluctuating or bunched income and face graduated tax rates that apply on an annual basis, income averaging was most important." John K. McN

bunched income and face graduated tax rates that apply on an annual basis, income averaging was most important." John K. McNulty, Federal Income Taxation of Individuals in a Nutshell 353 (5th ed. 1995). income-based plan. See CHAPTER 13. income-basis method. A method ofcomputing the rate of return on a security using the interest and price paid rather than the face value. income beneficiary. See BENEFICIARY. income bond. See BOND (3). income-capitalization approach. See INCOME APPROACH. income exclusion. See EXCLUSION (1). income fund. See MUTUAL FUND. income in respect ofa decedent. See INCOME. income property. See PROPERTY. income-shifting. (1957) The practice of transferring income to a taxpayer in a lower tax bracket, such as a child, to reduce tax liability . Often this is accom plished by forming a Clifford trust. See Clifford trust under TRUST; kiddie tax under TAX. income statement. (1863) A statement ofall the revenues, expenses, gains, and losses that a business incurred during a given period. -Also termed statement of income; profit-and-Ioss statement; earnings report. Cf. BALANCE SHEET. income stock. See STOCK. income tax. See TAX. income-tax deficiency. See DEFICIENCY (2). income-tax return. See TAX RETURN. income-tax withholding. See WITHHOLDING. income-withholding order. (1986) A court order pro viding for the withholding of a person's income by an employer, usu. to enforce a child-support order. -Also termed wage-withholding order; wage-assignment order; wage assignment. Cf. ATTACHMENT OF WAGES. income yield. See CAPITALIZATION RATE. in commendam (in k;l-men-d;Jlu). [Law Latin] Civil law. In trust. The phrase typically refers to property held in a limited partnership. See limited partnership under PARTNERSHIP. [Cases: Partnership C=>349.] in common. (16c) Shared equally with others, undi vided into separately owned parts. -Also termed in communi. See tenancy in common under TENANCY. in communi (in k;l-myoo-nr). [Law Latin] In common. incommunicado (in-b-myoo-ni-kah-doh), adj. [Spanish] (1844) 1. Without any means ofcommunica tion. 2. (Of a prisoner) having the right to communicate with only a few designated people. in communiforma (in k;l-myoo-nr for-m;l). [Law Latin] Hist. In common form; in general form rather than special form. -Also written in forma communi. incommutable (in-b-myoot-;l-b;ll), adj. (18c) (Of an offense) not capable of being commuted. See COMMU TATION. incompatibility, n. (1875) Conflict in personality and disposition, usu.leading to the breakup ofa marriage . Every state now recognizes some form ofincompatibil ity as a no-fault ground for divorce. See noJault divorce under DIVORCE. Cf. IRRECONCILABLE DIFFERENCES; IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE. Incompatibility Clause. The clause ofthe U.S. Constitu tion prohibiting a person from simultaneously holding offices in both the executive and legislative branches of the federal government. U.S. Const. art. I, 6, par. 2, cl. 2. [Cases: Officers and Public Employees C=>30.3.] incompetence, n. (17c) 1. The state or fact of being unable or unqualified to do something <the dispute was over her alleged incompetence as a legal assistant>. 2. INCOMPETENCY <the court held that the affidavit was inadmissible because of the affiant's incompetence>. incompetency, n. (17c) Lack of legal ability in some respect, esp. to stand trial or to testify <once the defense lawyer established her client's incompetency, the client did not have to stand trial>. -Also termed incompe tence; mental incompetence. Cf. INCAPACITY. [Cases: Mental Health C=>432; Witnesses C=>35.] -incom petent, adj. incompetency hearing. See PATE HEARING. incompetent, adj. (l6c) 1. (Of a witness) unqualified to testify. [Cases: Witnesses C=>35.] 2. (Of evidence) inad missible. This sense is often criticized, as in the quo tation below. [Cases: Criminal Law C=>385; Evidence C=>148.] "[/ncompetentl is constantly used loosely as equivalent to 'inadmissible' on any ground. This use should be avoided." John H. Wigmore, A Students' Textbook of the Law of Evidence 36 (1935). incompetent evidence. See EVIDENCE. incomplete instrument. See INSTRUMENT (3). incompleteness rejection. See REJECTION. incomplete transfer. See TRANSFER. in computo (in k;lm-pyoo-toh). [Law Latin] Hist. In com putation. inconclusive, adj. (18c) (Of evidence) not leading to a conclusion or definite result. in confinio majoris aetatis (in bn-fin-ee-oh m;l-jor-is ee-tay-tis). [Latin] Hist. Having nearly attained majority. A person that undertook an obligation in confinio majoris aetatis could be held liable despite the fact that the person pleaded minority status. See MAjORENNITATI PROXIMUS. Cf. IN CONFINIO MINORIS AETATIS. 834 in confinio minoris aetatis in confinio minoris aetatis (in k;m-fin-ee-oh mi-nor is ee-tay-tis). [Latin) Hist. Having nearly attained minority. Cf. IN CONFINIO MAJORIS AETATIS. in consequentiam (in kon-sa-kwen-shee-am). [Latin] Hist. As a consequence. in consideratione inde (in bn-sid-a-ray-shee-oh-nee in-dee). [Law Latin] In consideration thereof. in consideratione legis (in bn-sid-a-ray-shee-oh-nee lee-jis). [Law Latin]l. In consideration or contempla tion oflaw. 2. In abeyance. in consideratione praemissorum (in bn-sid-a-ray-shee oh-nee pree-mi-sor-am). [Law Latin] In consideration ofthe premises. in consimili casu (in kan-sim-a-h kay-s[y] 00). See CASU CONSIMILI. inconsistent, adj. (17c) Lacking agreement among parts; not compatible with another fact or claim <inconsistent statements>. inconsistent defense. See DEFENSE (1). inconsistent presumption. See conflicting presumption under PRESUMPTION. inconsistent statement. See prior inconsistent statement under STATEMENT. in conspectu ejus (in kan-spek-t[yJoo ee-jas). [Law Latin] In his sight or view. in contemplation of death. See CONTEMPLATION OF DEATH. incontestability clause. Insurance. An insurance-pol icy provision (esp. found in a life-insurance policy) that prevents the insurer, after a specified period (usu. one or two years), from disputing the policy's validity on the basis of fraud or mistake; a clause that bars all defenses except those reserved (usu. conditions and the payment ofpremiums). Most states require that a life insurance policy contain a clause making the policy incontestable after it has been in effect for a specified period, unless the insured does not pay premiums or violates policy conditions relating to military service. Some states also require similar provisions in accident and sickness policies. -Also termed noncontestabil ily clause; incontestable clause; uncontestable clause. Cf. CONTESTABILITY CLAUSE. [Cases: Insurance C=:> 3121.] incontestability status. Trademarks. A classification of a trademark that meets certain criteria including commercial use for five years after being placed on the Principal Register -as immune from legal challenge. Although incontestability does not confer absolute immunity, it makes a challenge much more difficult 15 GSCA 1065. [Cases: Trademarks C=:> 1352.] incontestable policy. See INSURANCE POLICY. incontinenti (in-kon-ti-nen-tI), adv. [Law Latin) Imme diately; without any interval or intermission. -Also spelled in continenti. incontrovertible-physical-facts doctrine. See PHYSICAL FACTS RULE. inconvenience. See RULE OF INCONVENIENCE. inconvenient forum. See FORUM NON CONVENIENS. incorporamus (in-kor-pa-ray-mas). [Law LatinJ Hist. We incorporate . This word indicated an intent to incor porate. "All the other methods therefore whereby corporations exist, by common law, by prescription, and by act of parliament, are for the most part reducible to this of the king'5 letters patent, or charter of incorporation. The king's creation may be performed by the words 'creamus, erigimus, fundamus, incorporamus,' or the like," 1 William Blackstone, Commentaries on the Laws of England 461 (1765). incorporate, vb. (14c) 1. To form a legal corporation <she incorporated the family business>. [Cases: Corpora tions C=:>1.J 2. To combine with something else <incor porate the exhibits into the agreement>. 3. To make the terms of another (esp. earlier) document part of a document by specific reference <the codicil incorpo rated the terms ofthe will>; esp., to apply the provisions ofthe Bill ofRights to the states by interpreting the 14th Amendment's Due Process Clause as encompassing those provisions. incorporation, n. (15c) 1. The formation of a legal cor poration. See ARTICLES OF INCORPORATION. [Cases: Corporations C=:> 1.] 2. Constitutional law. The process of applying the provisions of the Bill of Rights to the states by interpreting the 14th Amendment's Due Process Clause as encompassing those provisions . In a variety ofopinions since 1897, the Supreme Court has incorporated the First, Fourth, Sixth, and Ninth Amendments into the Fourteenth Amendment's Due Process Clause. [Cases: Constitutional Law C=:>3850.] selective incorporation. Incorporation of certain provisions of the Bill of Rights. Justice Benjamin Cardozo, who served from 1932 to 1938, first advo cated this approach. [Cases: Constitutional Law 3850.] total incorporation. Incorporation ofall of the Bill of Rights. Justice Hugo Black, who served on the U.S. Supreme Court from 1937 to 1971, first advocated this approach. [Cases: Constitutional Law C=:>3850.J 3. INCORPORATION BY REFERENCE. incorporate, vb. incorporation by reference. (1886) 1. A method of making a secondary document part of a primary document by including in the primary document a statement that the secondary document should be treated as ifit were contained within the primary one. With a contract, the document to be incorporated must be referred to and described in the contract in such a way that the document's identity is clear beyond doubt. With a will, the rule applies only to clearly iden tified writings that existed when the testator signed the will. Gnif. Probate Code 2-510. Not all jurisdictions follow this rule for either contracts or wills. -Often shortened to incorporation. Also termed adoption by reference. [Cases: Contracts Wills (;:='98.1 2. Patents. The explicit inclusion in one patent application of information already contained in another document, such as another patent or patent application . Gener ally, the reference must be to a U.S. patent or applica tion ifthe information is essential (i.e., the description, enabling disclosure, or best mode), but otherwise it may be to a foreign patent or a nonpatent publication. Incorporation by reference is often used in a continuing application to cite the disclosure contained in a parent application. Cf. CROSS-REFERENCE. [Cases: Patents 99.] 3. Patents. The inclusion in a patent claim ofinfor mation from an external drawing or table . Incorpora tion by reference is a necessity doctrine, available when there is no other practical way to convey the informa tion in words, and when it is more concise and clear to refer the examiner to the graphic element. [Cases: Patents (;:::c. 100.] incorporationism. The philosophical view that (1) law is made possible by an interdependent convergence of behavior and attitude, esp. in agreements that take the form of social conventions or rules; (2) authoritative legal pronouncements must distinguish some situa tions from others; and (3) the legality of norms can depend on their substantive moral merit, not just on their pedigree or social source. See Jules Coleman,Ihe Practice ofPrinciple (2001); Wl Waluchow, Inclusive Legal Positivism (1994). -Also termed soft positivism; inclusive legal positivism. incorporator. (1883) A person

termed soft positivism; inclusive legal positivism. incorporator. (1883) A person who takes part in the for mation ofa corporation, usu. by executing the articles of incorporation. -Also termed corporator. "An 'incorporator' must be sharply distinguished from a 'subscriber.' The latter agrees to buy shares in the cor poration; in other words, a subscriber is an investor and participant in the venture. An 'incorporator' on the other hand serves the largely ceremonial or ministerial functions described in this section. At one time many states required that an incorporator also be a subscriber of shares; however, such requirement appears to have disappeared in all states." Robert W. Hamilton, The Law ofCorporations in a Nutshell 34 (3d ed. 1991). in corpore (in kor-p<1-ree). [Latin] In body or substance; in a material thing or object. incorporeal (in-kor-por-ee-<1I), adj. (ISc) Having a con ceptual existence but no physical existence; INTANGI BLE <copyrights and patents are incorporeal property>. Cf. CORPOREAL. -incorporeality, n. incorporeal chattel. See incorporeal property under PROPERTY. incorporeal hereditament. See HEREDITAMENT. incorporeal ownership. See OWNERSHIP. incorporeal possession. See POSSESSION. incorporeal property. See PROPERTY. incorporeal right. See RIGHT. incorporeal thing. 1. See incorporeal property under PROPERTY. 2. See THING. in corporihus sed non in quantitatibus (in kor-por-<1 b;JS sed non in kwon-ti-tay-t;J-b<1s). [Law Latin] Hist. In separate and distinct subjects, but not in things estimated in quantities . The phrase appeared in ref erence to the best of a decedent's movable property to which an heir had a right. This property typically included animals and equipment but not wine or grain because wine and grain were estimated in quantities. incorrigibility (in-kor-J-jJ-bil-;3-tee or in-kahr-), n. (14c) Serious or persistent misbehavior by a child, making reformation by parental control impossible or unlikely. Cf. JUVENILE DELINQUENCY. [Cases: Infants (;:::c151.] incorrigible, adj. incorrigible (in-kor-;>-j;>-b;31 orin-kahr-), adj. (14c) Inca pable ofbeing reformed; delinquent. incorrigible child. See CHILD. Incoterm (in[gJ-koh-t;3rm). A standardized shipping term, defined by the International Chamber of Commerce, that apportions the costs and liabilities of international shipping between buyers and sellers. See EX WORKS; COST, INSURANCE, AND FREIGHT; COST AND FREIGHT; FREE ALONGSIDE SHIP; FREE ON BOARD. [Cases: Shipping 104.] increase (in-krees), n. (14c) 1. The extent ofgrowth or enlargement. 2. Archaic. 'Ihe produce ofland or the offspring ofhuman beings or animals. -increase (in krees), vb. increase, costs of. See COSTS OF INCREASE. increased-risk-of-harm doctrine. See LOSS-OF-CHANCE DOCTRINE. increment (in[g]-kr<1-m;3nt), n. (lSc) A unit of increase in quantity or value. -incremental, adj. unearned increment. An increase in the value of real property due to population growth. incremental cash flow. See CASH FLOW. incrementum (in-kr;3-men-tJm). [Latin] Hist. Increase. This term appeared in various phrases, such as costs de incremento ("costs of increase"). See COSTS OF INCREASE. increscitur (in-kres-i-t;3r). See ADDITUR. incriminate (in-krim-d-nayt), vb. (18c) 1. To charge (someone) with a crime <the witness incriminated the murder suspect>. 2. To identify (oneself or another) as being involved in the commission of a crime or other wrongdoing <the defendant incriminated an accom plice>. Also termed criminate. incriminatory, adj. incriminating. adj. (18c) Demonstrating or indicat ing involvement in criminal activity <incriminating evidence>. incriminating admission. See ADMISSION (1). incriminating circumstance. See CIRCUMSTANCE. incriminating evidence. See EVIDENCE. inCriminating statement. See STATEMENT. incrimination. (I8c) 1. The act ofcharging someone with a crime. 2. The act of involving someone in a crime. Also termed crimination. See SELF-INCRIMINATION. incroach, vb. Archaic. See ENCROACH. incroachment. Archaic. See ENCROACHMENT. in cujus rei testimonium (in kyoo-jas ree-I tes-ta-moh nee-am). [Law Latin) Hist. In witness whereof. -These words were used to conclude deeds. The modern phrasing ofthe testimonium clause in deeds and other instruments beginning with in witness whereof -is a loan translation of the Latin. inculpatae tutelae moderatio. See MIDERAMEN INCUL PATAE TCTELAE. inculpate (in-kdl-payt or in-kal-payt), vb. (18c) 1. To accuse. 2. To implicate (oneself or another) in a crime or other wrongdoing; INCRIMINATE. -inculpation, n. -inculpatory (in-bl-p;:Hor-ee), adj. inculpatory evidence. See EVIDENCE. incumbent (in-k;>m-b:mt), n. (15c) One who holds an official post, esp. a political one. incumbency, n. incumbent, adj. incumbrance. See ENCUMBRANCE. incur, vb. (15c) To suffer or bring on oneself (a liability or expense). incurrence, n. incurrable, adj. incurramentum (in-ka-ra-men-tdm). [fr. Latin in "upon" + currere "to run"] Hist. The incurring of a fine or penalty. incurred risk. See ASSUMPTION OF THE RISK (2). in cursu diligentiae (in k"r-s[yJoo dil-d-jen-shee-ee). [Law Latin] Hist. In the course ofdoing diligence -i.e., executing a judgment. in cursu rebellionis (in br-s[yJoo ri-bel-ee-oh-nis). [Law Latin] Hist. In the course ofrebellion. "In cursu rebellion is . .. All persons were formerly regarded as in rebellion against the Crown who had been put to the horn for non-fulfilment of a Civil obligation; their whole moveable estate fell to the Crown as escheat; they might be put to death with impunity; and lost all their legal privileges, Ifthe denunciation remained unrelaxed for year and day (which was the time known as the cursus rebel !ionis), the rebel was esteemed civiliter mortuus, and his heritage reverted to the superior .... Denunciation for civil obligation and its consequences were in effect abolished by the Act 20 Geo. II. c. 50." John Trayner, Trayner's Latin Maxims 257 (4th ed. 1894), in custodia legis (in kd-stoh-dee-a lee-jis). [Latin) In the custody ofthe law <the debtor's automobile was in custodia legiS after being seized by the sheriff>. -The phrase is traditionally used in reference to property taken into the court's charge during pending litigation over it. Also termed in legal custody. [Cases: Attach ment Execution C:;::J 55; Garnishment <:>::>58,] in damno vitando (in dam-noh vI-tan-doh). [Latin] Hist. In endeavoring to avoid damage (or injury). inde (in-dee), adv. [Latinj Hist. Thence; thereof, _ This word appeared in several Latin phrases, such as quod eat inde sine die ("that he go thence without day"). indebitatus (in-deb+tay-tas), p.pl. [Law Latin] Indebted. See NUNQUAM INDEBITATUS. indebitatus assumpsit (in-deb-i-tay-tds a-s3m[p]-sit). See ASSt:MPSIT. indebiti solutio (in-deb-i-tI sd-Hyjoo-shee-oh). [Latin] Roman & Scots law. Payment of what is not owed. Money paid under the mistaken belief that it was owed could be recovered by condictio indebiti. See condictio indebiti under CONDICTIO. "Indebiti Solutio When a person has paid in error what he was not bound to pay the law lays upon the person who has received payment a duty of restitution, . , , Payment (solutio) includes any performance whereby one person has been enriched at the expense of another. Usually it will be the handing over of money or of some other thing, but it may also consist in undertaking a new liability or in discharging an existing liability." R.w. Lee, The Elements of Roman Law 373-74 (4th ed. 1956), indebitum (in-deb-i-tdm), n. & adj. Roman law. A debt that in fact is not owed. -Money paid for a nonexistent debt could be recovered by the action condictio indebiti. Cf. DEBITUM. "A conditional debt if paid could be recovered as an inde bitum, so long as the condition was outstanding." W,W. Buckland, A Manual of Roman Private Law 255 (2d ed. 1939). indebtedness (in-det-id-nis). (17c) 1. The condition or state ofowing money. 2. Something owed; a debt. indecency, n. (16c) The state or condition of being out rageously offensive, esp. in a vulgar or sexual way. Unlike obscene material, indecent speech is protected under the First Amendment. Cf. OBSCENITY. [Cases: Obscenity C:;::J LJ indecent, adj. "Obscenity is that which is offenSive to chastity. Indecency is often used with the same meaning, but may also include anything which is outrageously disgusting, These were not the names of common-law crimes, but were words used in describing or identifying certain deeds which were," Rollin M. Perkins & Ronald N. Boyce, Criminal Law 471 (3d ed. 1982), indecent advertising. 1. Signs, broadcasts, or other forms ofcommunication that use grossly objectionable words, symbols, pictures, or the like to sell or promote goods, services, events, etc. 2. Archaic, In some jurisdictions, the statutory offense of advertising the sale ofaborti facients and (formerly) contraceptives. indecent assault. See sexual assault (2) under ASSAULT. indecent assault by contact. See sexual assault (2) under ASSAULT. indecent assault by exposure. See INDECENT EXPOSURE. indecent exhibition. The act of publicly displaying or offering for sale something (such as a photograph or book) that is outrageously offensive, esp, in a vulgar or sexual way, [Cases: Obscenity C:;::J6, 7.) indecent exposure. (1828) An offensive display of one's body in public, esp. of the genitals. -Also termed indecent assault by exposure; exposure ofperson. Cf. LEWDNESS; OBSCENITY. [Cases: Obscenity <r":::>3.] "Indece.nt exposure of the person to public view is also a common-law misdemeanor. Blackstone did not deal with it separately. The last offense which I shall mention,' he said, 'more immediately against religion and morality, and cogni zable by the temporal courts, is that of open and notorious lewdness; either by frequenting houses of ill fame, which is an indictable offense; or by some grossly scandalous and public indecency, for which the punishment is by fine and imprisonment.' In other words private indecency was exclusively under the jurisdiction of the ecclesiastical court but public indecency ofan extreme nature was indictable: Rollin M. Perkins & Ronald N. Boyce, Criminal Law 473 (3d ed. 1982) (quoting 4 William Blackstone, Commentaries on the Laws of England 64 (l769)). indecent liberties. (I8c) Improper behavior, usu. toward another person, esp. ofa sexual nature. [Cases: Infants indedmable (in-des-<l-m<l-bl), adj. Hist. Not titheable; not liable for tithes. indefeasible (in-d<l-feez-<l-b;ll), adj. (16c) (Of a claim or right) not vulnerable to being defeated, revoked, or lost <an indefeasible estate>. indefeasible remainder. See REMAINDER. indefeasibly vested remainder. See indefeasible remain der under REMAINDER. indefensus (in-da-fen-s;ls), n. [Latin "undefended"] Roman law. A person who fails to make a defense or plea to an action . The term later acquired a similar meaning in English law. indefinite detainee. See NONREMOVABLE INMATE. indefinite failure ofissue. See FAILURE OF ISSUE. indefinite payment. See PAYMENT.

indefinite failure ofissue. See FAILURE OF ISSUE. indefinite payment. See PAYMENT. indefinite postponement. See postpone indefinitely under POSTPONE. indefinite sentence. See indeterminate sentence under SENTENCE. indefinite sentencing. See INDETERMINATE SENTENC ING. in Dei nomine (in dee-I nahm-a-nee). [Latin) Hist. In the name ofGod. The opening phrase ofcertain writs. in delicto (in d;l-Iik-toh). [Latin] In fault. See IN PARI DELICTO. Cf. EX DELICTO (1). indemnification (in-dem-na-fi-kay-shan), n. (I8c) 1. The action of compensating for loss or damage sustained. 2. The compensation so made. [Cases: Indemnity 20.) -indemnificatory, adj. indemnifier. See INDEMNITOR. indemnify (in-dem-na-fI), vb. (17c) 1. To reimburse (another) for a loss suffered because of a third party's or one's own act or default; HOLD HARMLESS. [Cases: Indemnity C=::>20-84.J 2. To promise to reimburse (another) for such a loss. [Cases: Indemnity 3. To give (another) security against such a loss. indemnifiable, adj. indemnis (in-dem-nis), adj. [Latin] Hist. Free from loss or damage; harmless. indemnitee (in-dem-na-tee). (1884) One who receives indemnity from another. [Cases: Indemnity C=::>3I(3), 33,63.) indemnitor (in-dem-na-t;lr or -tor). (1827) One who indemnifies another. -Also termed indemnifier. [Cases: Indemnity C=::>3I(3), 33,63.) indemnity (in-dem-na-tee), n. (ISc) 1. A duty to make good any loss, damage, or liability incurred by another. [Cases: IndemnityC=::>20, 25, 50-61.]2. The right of an injured party to claim reimbursement for its loss. damage, or liability from a person who has such a duty. 3. Reimbursement or compensation for loss, damage, or liability in tort; esp., the right ofa party who is sec ondarily liable to recover from the party who is primar ily liable for reimbursement of expenditures paid to a third party for injuries resulting from a violation of a common-law duty. Cf. CONTRIBUTION. indemni tory, adj. contractual indemnity. Indemnity that is expressly provided for in an agreement. [Cases: Indemnity C=::>25.) double indemnity. (1859) The payment of twice the basic benefit in the event of a specified loss, esp. as in an insurance contract requiring the insurer to pay twice the policy's face amount in the case ofacciden tal death. rCases: Insurance equitable indemnity. 1. A doctrine allOWing a defen dant in a tort action to allocate blame to a codefendant or cross-defendant, and thereby to proportionally reduce legal responsibility, even in the absence ofcon tractual indemnity. -Also termed implied indem nity; doctrine ofequitable indemnity. 2. See implied contractual indemnity. 3. See implied indemnity. [Cases: Indemnity C=::>51.j implied contractual indemnity. Indemnity that is not expressly provided for by an indemnity clause in an agreement but is nevertheless determined to be rea sonably intended by the parties, based on equitable considerations. Also termed eqUitable indemnity. lCases: Indemnity C=::>54.J implied indemnity. Indemnity arising from equitable considerations and based on the parties' relationship, as when a guarantor pays a debt to a creditor that the principal debtor should have paid. Also termed equitable indemnity. [Cases: Indemnity indemnity against liability. (1838) A right to indem nitythat arises on the indemnitor's default, regardless ofwhether the indemnitee has suffered a loss. [Cases: Indemnity C=::>31(4), 42.) "Indemnity against Liability ~-Where the indemnity is against liability, the cause of action is complete and the indemnitee may recover on the contract as soon as his liability has become fixed and established, even though he has sustained no actual loss or damage at the time he seeks to recover. Thus, under such a contract, a cause of action accrues to the indemnitee on the recovery of a judgment against him, and he may recover from the indem nitor without proof of payment of the judgment." 42 c.J.5. Indemnity 22 (1991). indemnity bond. See BOND (2). indemnity clause. (1860) A contractual provision in which one party agrees to answer for any specified or 838 indemnity contract unspecified liability or harm that the other party might incur. -Also termed hold-harmless clause; save-harm less clause. Cf. EXEMPTION CLAUSE. [Cases: Indemnity C=>25,31(4).] indemnity contract. See CONTRACT. indemnity insurance. See first-party insurance under INSURANCE. indemnity land. 1. Public land granted to a railroad company to help defray the cost ofconstructing a right of-way . This land indemnifies a railroad company for land given in a previous grant but later rendered unavailable for railroad use by a disposition or reser vation made after the original grant. [Cases: Public Lands C=>70.] 2. Federally owned land granted to a state to replace previously granted land that has since been rendered unavailable for the state's use. -Also termed place land. indemnity mortgage. See deed oftrust under DEED. indemnity principle. Insurance. The doctrine that an insurance policy should not confer a benefit greater in value than the loss suffered by the insured. [Cases: Insurance C=>2104.] indenization (in-den-i-zay-sh,m), n. See DENIZATION. indenizen. See ENDENIZEN. indent, n. 1. Hist. An indented certificate ofindebtedness issued by the U.S. government or a state government in the late 18th or early 19th century. 2. A contract or deed in writing. indent (in-dent), vb. Hist. 1. To cut in a serrated or wavy line; esp., to sever (an instrument) along a serrated line to create multiple copies, each fitting into the angles of the other. See CHIROGRAPH; INDENTURE (1). "If a deed be made by more parties than one, there ought to be regularly as many copies of it as there are parties, and each should be cut or indented (formerly in acute angles instar dentium, but at present in a waving line) on the top or side, to tally or correspond with the other; which deed, so made, is called an indenture.... Deeds thus made were denominated syngrapha by the canonists; and with us chirographa, or hand-writings; the word cirographum or cyrographum being usually that which is divided in making the indenture ...." 2 William Blackstone, Commentaries on the Laws ofEngland 295-96 (1766). 2. To agree by contract; to bind oneself. 3. To bind (a person) by contract. indented deed. See INDENTURE (1). indenture (in-den-chdr), n. (14c) 1. A formal written instrument made by two or more parties with differ ent interests, traditionally having the edges serrated, or indented, in a zigzag fashion to reduce the possibility of forgery and to distinguish it from a deed poll. -Also termed indented deed. Cf. deed poll under DEED. [Cases: Deeds C=>3.] 2. A deed or elaborate contract Signed by two or more parties. ''The distinction between a deed poll and an indenture is no longer important since 8 & 9 Vict. C. 106, 5. Formerly a deed made by one party had a polled or smooth-cut edge, a deed made between two or more parties was copied for each on the same parchment, and the copies cut apart with indented edges, so as to enable them to be identified by fitting the parts together. Such deeds were called indentures. An indented edge is not now necessary to give the effect of an indenture to a deed purporting to be such." William R. Anson, Principles ofthe Law ofContract 84 (Arthur l. Corbin ed., 3d Am. ed. 1919). "An indenture was a deed with the top of the parchment indented, i.e., having an irregular edge. The deed was written out twice on a single sheet of parchment, which was then severed by cutting it with an irregular edge; the two halves of the parchment thus formed two separate deeds which could be fitted together to show their genu ineness. This contrasted with a 'deed poll,' a deed to which there was only one party, which at the top had been polled, or shaved even." Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 129 (6th ed. 1993). corporate indenture. A document containing the terms and conditions governing the issuance ofdebt securi ties, such as bonds or debentures. [Cases: Corpora tions C=>471.] debenture indenture. (1938) An indenture contain ing obligations not secured by a mortgage or other collateral. It is a long-term financing vehicle that places the debenture holder in substantially the same position as a bondholder secured by a first mortgage. [Cases: Corporations C=>470.] trust indenture. 1. A document containing the terms and conditions governing a trustee's conduct and the trust beneficiaries' rights. -Also termed indenture oftrust. [Cases: Trusts C=> 19-29.] 2. See deed oftrust under DEED. 3. Hist. A contract by which an apprentice or other person, such as a servant, is bound to a master, usu. for a term ofyears or other limited period. -inden tured, adj. indentured servant. See SERVANT. indenture ofa fine. Hist. A document engrossed by the chirographer of fines to reflect penalties assessed by the court. The chirographer prepared indentures in duplicate on the same piece of parchment, then split the parchment along an indented line through a word, sentence, or drawing placed on the parchment to help ensure its authenticity. See CHIROGRAPHER OF FINES. indenture oftrust. See trust indenture under INDEN TURE. indenture trustee. See TRUSTEE (1). independence, n. (17c) The state or quality ofbeing inde pendent; esp., a country's freedom to manage all its affairs, whether external or internal, without control by other countries. independent, adj. (17c) 1. Not subject to the control or influence of another <independent investigation>. 2. Not associated with another (often larger) entity <an independent subsidiary>. 3. Not dependent or contin gent on something else <an independent person>. independent adjuster. See ADJUSTER. independent adoption. See private adoption under ADOPTION. independent advice. (1871) Counsel that is impartial and not given to further the interests of the person 839 giving it . Whether a testator or donor received inde pendent advice before making a disposition is often an important issue in an undue-influence challenge to the property disposition. Also termed proper inde pendent advice. independent agency. See AGENCY (3). independent agent. See AGENT (2). independent audit. See AUDIT. independent claim. See PATENT CLAIM. independent conception. See INDEPENDENT DEVELOP MENT. independent contract. See CONTRACT. independent contractor. (1841) One who is entrusted to undertake a specific project but who is left free to do the assigned work and to choose the method for accomplishing it. It does not matter whether the work is done for payor gratuitously. Unlike an employee, an independent contractor who commits a wrong while carrying out the work usu. does not create liability for the one who did the hiring. -Also termed contract labor. Cf. EMPLOYEE. [Cases: Labor and Employment C=29,3125.] independent counseL See COUNSEL. independent covenant. See COVENANT (1). independent creation. Copyright. A defense assert ing that a later work is not a derivative of an alleg edly infringed work, but is a product of coincidentally parallel labor. [Cases: Copyrights and Intellectual Property <;::75.] independent development. Intellectual property. A defense against an industrial-espionage charge wherein the user shows that the property was independently dis covered or conceived . Trademarks, symbols, inven tions, and other types of intellectual property are all subject to independent deVelopment. Also termed independent conception. independent executor. See EXECUTOR. independent force. See FORCE. independent intervening cause. See intervening cause under CAUSE (1). independent invention. See INVENTION. independent investigation committee. See SPECIAL LITIGATION COMMITTEE. independent-Jiving program. Family law. A training course designed to enable foster children who are near the age of majority to leave the foster-care system and manage their own affairs as adults . Independent

children who are near the age of majority to leave the foster-care system and manage their own affairs as adults . Independent living programs provide education, training, and financial and employment counseling. They also help many foster youth in locating suitable post-foster-care housing. Permanency planning orders or case plans can -but are not required to provide for indepen dent living as a goal for a child in long-term foster care and describe how it is to be accomplished. See AGING OUT; PERMANENCY PLAN. indeterminate conditional release independent medical examination. An assessment of a person's physical condition and health that is made by an impartial health care professional, usu. a physi cian. Abbr. IME. [Cases: Damages (~:'206.] independent mental evaluation. An assessment of a person's mental and emotional condition that is made by an impartial mental-health professional, such as a psychologist or psychiatrist. Cf. PSYCHIATRIC EXAMI NATION. -Abbr. IME. [Cases: Damages (>206.] independent personal representative. See personal rep resentative under REPRESENTATIVE. independent-practice association. A network of inde pendent healthcare providers who contract with a health-maintenance organization (HMO) to provide services to the HMO's subscribers at negotiated rates. Independent-practice associations generally remain free to accept patients who subscribe to other HMOs or who are not members ofan HMO. -Abbr. IPA. independent probate. See informal probate under PROBATE. independent promise. See unconditional promise under PROMISE. independent regulatory agency. See independent agency under AGENCY (3). independent regulatory commission. See independent agency under AGENCY (3). independent retirement account. See INDIVIDUAL RETIREMENT ACCOUNT. independent-significance doctrine. (1968) Wills & estates. The principle that effect will be given to a tes tator's disposition that is not done solely to avoid the requirements ofa will. An example is a will provision that gives the contents ofthe testator's safe-deposit box to his niece. Because the safe-deposit box has utility ("significance") independent of the will, the gift of its contents at the testator's death is valid. independent-source hearing. See HEARING. independent-source rule. (1968) Criminal procedure. The rule providing -as an exception to the fruit-of the-poIsonous-tree doctrine that evidence obtained by illegal means may nonetheless be admissible if that evidence is also obtained by legal means unrelated to the original illegal conduct. See FRUIT-OF-THE-POISON OUS-TREE DOCTRINE. Cf. INEVITABLE-DISCOVERY RULE. [Cases: Criminal Law '::=394.1(3).] independent state. See SOVEREIGN STATE. independent union. See UNION. indestructible trust. See TRUST. indeterminate, adj. (14c) Not definite; not distinct or precise, indeterminate bond. See BOND (3). indeterminate conditional release. A release from prison granted once the prisoner fulfills certain con ditions . The release can be revoked if the prisoner breaches other conditions. [Cases: Prisons C=248.] 840 indeterminate damages indeterminate damages. See discretionary damages under DAMAGES. indeterminate obligation. See OBLIGATION. indeterminate sentence. See SENTENCE. indeterminate sentencing. See SENTENCING. indeterminate sentencing. (1941) The practice of not imposing a definite term of confinement, but instead prescribing a range for the minimum and maximum term, leaving the precise term to be fixed in some other way, usu. based on the prisoner's conduct and apparent rehabilitation while incarcerated. Also termed indef inite sentencing. See indeterminate sentence under SENTENCE. [Cases: Sentencing and Punishment 1124.] in detrimentum animi (in de-tra-men-tam an-a-mr). [Latin] Hist. To the injury of the soul. -The phrase appeared in reference to the ground upon which a person was prohibited from questioning a legal document that the person had sworn to never question. index, n. (14c) 1. An alphabetized listing of the topics or other items included in a single book or document, or in a series ofvolumes, usu. found at the end of the book, document, or series <index ofauthorities>. grantee-grantor index. (1961) An index, usu. kept in the county clerk's or recorder's office, alphabetically listing by grantee the volume and page number ofthe grantee's recorded property transactions. _ In some jurisdictions, the grantee-grantor index is combined with the grantor-grantee index. [Cases: Records 8.] grantor-grantee index. (1944) An index, usu. kept in the county clerk's or recorder's office, alphabetically listing by grantor the volume and page number of the grantor's recorded property transactions. [Cases: Records (;::::>8; Vendor and Purchaser (;::::>231.] tract index. (1858) An index, usu. kept in the county clerk's or recorder's office, listing, by location of each parcel ofland, the volume and page number of the recorded property transactions affecting the parcel. [Cases: Records C~~8; Vendor and Purchaser 231.] 2. A number, usu. expressed in the form of a percentage or ratio, that indicates or measures a series ofobserva tions, esp. those involving a market or the economy <cost-of-living index> <stock index>. advance-decline index. A stock-market indicator showing the cumulative net difference between stock price advances and declines. index animi sermo (in-deks an-a-mr sar-moh). [Latin] Speech is the index ofthe mind. -This maxim supports the concept that the language of a statute or instrument is the best guide to the drafter's intent. indexation. See INDEXING. index crime. See index offense under OFFENSE (1). index fund. See MUTUAL FUND. indexing. 1. The practice or method of adjusting wages, pension benefits, insurance, or other types of payments to compensate for inflation. 2. The practice of investing funds to track or mirror an index ofsecurities. -Also termed indexation. index lease. See LEASE. index of authorities. (1881) An alphabetical list of authorities cited in a book or brief, usu. with subcat egories for cases, statutes, and treatises. -Also termed table ofauthorities; table ofcases. [Cases: Appeal and Error (;::::>756.] index offense. See OFFENSE (1). Index of Patents. An annual two-part publication ofthe u.s. Patent and Trademark Office, containing the year's List ofPatentees (Part I) and Index to Subjects ofInven tions (Part II), arranged by class and subclass. Index ofTrademarks. An annual publication ofthe U.S. Patent and Trademark Office, listing all trademarks registered in a given year. Index to the U.S. Patent Classification System. An entry-level aid to using the Patent Office's classifica tion system, comprising an estimated 65,000 common terms and phrases and referring each entry to a class and subclass within the system. Indian child. Under the Indian Child Welfare Act, any unmarried person under the age of 18 who either is a member ofan Indian tribe or is both eligible for mem bership in an Indian tribe and the biological child of a member ofan Indian tribe. See INDIAN CHILD WELFARE ACT. [Cases: Indians C:::>132.] Indian Child Welfare Act. A federal act that governs child-custody proceedings including foster-care placement, preadoptive placement, adoptive placement, and termination ofparental rights -in cases involving a child of American Indian descent. 25 USCA 1911 et seq. -Congress enacted the Act to help protect the best interests ofIndian children, to promote the stabil ity and security of Indian tribes and families, and to counteract the disproportionate foster-care placement and adoption of Indian children by non-Indians. The Act provides minimum federal standards for removing Indian children from their families and for placing them in foster or adoptive homes that will provide an environment reflecting the values of the Indian culture. The Act has an important jurisdictional feature: in a custody dispute involving an Indian child who resides in or is domiciled within an Indian reservation, the tribe and its tribal courts have exclusive jurisdiction. And in a custody dispute involving an Indian child who lives off a reservation, upon petition, any state court should usu. defer and transfer the case to the tribal court unless a party demonstrates good cause to the contrary. Abbr. ICWA. [Cases: Indians C=>213.} Indian Claims Commission. A federal agency dis solved in 1978 that adjudicated claims brought by American Indians, a tribe, or another identifiable group ofIndians against the United States. -The U.S. Court of Federal Claims currently hears these claims. 841 indictio Indian country. 1. The land within the borders of all Indian reservations, the land occupied by an Indian community (whether or not located within a recog nized reservation), and any land held in trust by the United States but beneficially owned by an Indian or tribe. 2. Hist. Any region (esp. during the U.S. westward migration) where a person was likely to encounter Indians. Indian gambling. See GAMBLING. Indian land. Land owned by the United States but held in trust for and used by American Indians. -Also termed Indian tribal property. Cf. TRIBAL LAND. [Cases: Indians 15l.] Indian law. See NATIVE AMERICAN LAW. Indian reservation. An area that the federal government has designated for use by an American Indian tribe, where the tribe generally settles and establishes a tribal government. [Cases: Indians (;:=-, 156.] Indian Territory. A former U.S. territory -now a part of the state of Oklahoma -to which the Cherokee, Choctaw, Chickasaw, Creek, and Seminole tribes were forcibly removed between 1830 and 1843. In the late 19th century, most of this territory was ceded to the United States, and in 1907 the greater part ofit became the State of Oklahoma. Indian title. A right of occupancy that the federal gov ernment grants to an American Indian tribe based on the tribe's immemorial possession ofthe area. Congress does not recognize tribal ownership of the land, only possession. A tribe or nation must actually, exclusively, and continuously use the property to estab lish that it is the ancestral home. An individual may claim Indian title by showing that the individual or his or her lineal ancestors continuously occupied a parcel ofland, as individuals, before the land was closed to settlers. Also termed aboriginal title; right of occu pancy. Cf. aboriginal title (1) under TITLE (2). [Cases: Indians (::::> 151.J Indian tribal property. See INDIAN LAND. Indian tribe. A group, band, nation, or other organized group of indigenous American people, including any Alaskan native village, that is recognized as eligible for the special programs and services provided by the U.S. government because ofIndian status (42 USCA 9601(36; esp., any such group haVing a federally rec ognized governing body that carries out substantial governmental duties and powers over an area (42 USCA 300f(14); 40 CFR 146.3). A tribe may be identi fied in various ways, esp. by past dealings with other tribes or with the federal, state, or local government, or by recognition in historical records. [Cases: Indians (::::> 102.J "The Indian tribe is the fundamental unit of Indian law; in its absence there is no occasion for the law to operate. Yet there is no all-purpose definition of an Indian tribe. A group of Indians may qualify as a tribe for the purpose of one statute or federal program, but fail to qualify for others. Definitions must accordingly be used with extreme caution." William C. Canby Jr.. American Indian Law in a Nutshell 3-4 (2d ed. 1988). indicare (in-di-kair-ee), vb. [Latin] 1. Roman law. To accuse (someone) ofa crime; to provide evidence against someone. 2. Civil law. To show or discover. 3. Civil law. To fix or tell the price ofa thing. See INDICIUM. indicator. (17c) Securities. An average or index that shows enough of a correlation to market trends or economic conditions that it can help analyze market performance. coincident indicator. An economic or market-activ ity index or indicator that shows changing trends near the same time that overall conditions begin to change. economic indicator. See ECONOMIC INDICATOR. lagging indicator. 1. An index that indicates a major stock-market change sometime after the change occurs. 2. See lagging economic indicator under ECONOMIC INDICATOR. leading indicator. 1. A quantifiable index that predicts a major stock-market change. 2. See leading economic indicator under ECONOMIC INDICATOR. indicavit (in-di-kay-vit). [Law Latin "he has indicated"] Hist. A writ of prohibition by which a church patron removes to a common-law court an ecclesiastical-court action between two clerics who dispute each other's right to a benefice . The writ was long available nominally up to the 20th century under the 1306 statute De Conjunctim Feoffatis (34 Edw. 1), Actions concern

1306 statute De Conjunctim Feoffatis (34 Edw. 1), Actions concerning clerics' rights to a benefice were usu. tried in ecclesiastical courts, but they could be removed to a common-law court if the action involved a church patron in some way, as when one cleric was appointed by a certain patron and the other cleric was appointed by another patron. Cf. ADVOWSON. indicia (in-dish-ee-a), n. pl. (l7c) 1. Roman law. Evidence. 2. (pl.) Signs; indications <the purchase receipts are indicia of ownership>. indicia oftitle. A document that evidences ownership of personal or real property. [Cases: Property (::::>9.] indicium (in-dish-ee-am), n. [Latin] Roman law. 1. The act of prOViding evidence against an accused. 2. The act ofpromising recompense for a certain service. 3. A I sign or mark; esp., something used as a type of proof. I See INDlCARE. indict (in-drt), vb. (17c) To charge (a person) with a crime by formal legal process, esp. by grand-jury presenta tion. Also formerly spelled endUe; indite. indictable misdemeanor. See serious misdemeanor under MISDEMEANOR. indictable offense. See OFFENSE (1). indictee (in-dI-tee). (16c) A person who has been indicted; one officially charged with a crime. indictio (in-dik-shee-oh), n. [Latin] I. Roman law. An imperial proclamation establishing a 15-year period for the reassessment of property values for tax purposes. indictment 842 Indictio also referred to the IS-year cycle itself. 2. A declaration or proclamation, such as a declaration of war (indictio belli). 3. An indictment. PI. indictiones (in -dik-shee-oh- neez). indictment (in-dIt-m;mt), n. 04c) 1. The formal written accusation of a crime, made by a grand jury and pre sented to a court for prosecution against the accused person. See Fed. R. Crim. P. 7. [Cases: Indictment and Information 17.]2. The act or process ofpreparing or bringing forward such a formal written accusation. Cf. INFORMATION; PRESENTMENT (2). barebones indictment. (1963) An indictment that cites only the language of the statute allegedly violated; an indictment that does not provide a factual state ment. "What has been called 'a bare bones indictment using only statutory language' is quite common, and entirely permis sible so long as the statute sets forth fully, directly, and expressly all essential elements of the crime intended to be punished." 1 Charles Alan Wright, Federal Practice and Procedure 125, at 55859 (3d ed. 1999). duplicitous indictment (d[y]oo-plis-;)-t<'}s). (1914) 1. An indictment containing two or more offenses in the same count. [Cases: Indictment and Information C=125.J 2. An indictment charging the same offense in more than one count. joint indictment. (17c) An indictment that charges two or more people with an offense. indictor (in-dIt-dr or in-dI-tor). (17c) A person who causes another to be indicted. in diem (in dI-dm ordee-<lm). [Latin] For each day; per day. Cf. PER DIEM. in diem addictio. See ADDICTIO IN DIEM. indifference. (15c) A lack ofinterest in or concern about something; apathy. conscious indifference. 1. Criminal law. See deliberate indifference (2). 2. Torts. See deliberate indifference (3). deliberate indifference. 1. Criminal law. (1951) The careful preservation of one's ignorance despite aware ness of circumstances that would put a reasonable person on notice of a fact essential to a crime. See JEWELL INSTRUCTION. 2. Criminal law. Awareness of and disregard for the risk ofharm to another person's life, body, or property. 3. Torts. Conscious disregard ofthe harm that one's actions could do to the interests or rights ofanother. -Also termed reckless indiffer ence; conscious avoidance; conscious indifference. reckless indifference. See deliberate indifference. indigena (in-dij-d~n<lJ. [Latin "native"] Hist. A subject born within the English realm or naturalized by act of Parliament. Cf. ALIENIGENA. indigency, n. (17c) The state or condition ofa person who lacks the means of subsistence; extreme hardship or neediness; poverty . For purposes ofthe Sixth Amend ment right to appointed counsel, indigency refers to a defendant's inability to afford an attorney. Also termed indigence. [Cases: Criminal Law ~1766.l indigent, adj. & n. "Supreme Court opinions speak generally of the rights of an 'indigent defendant' without offering any specific definition of 'indigency: ... The appellate courts agree that indigency is not a synonym for 'destitute: ... Among the factors to be considered in evaluating the individual's financial capacity are: (l) income from employment and such governmental programs as social security and unem ployment compensation. (2) real and personal property; (3) number of dependents; (4) outstanding debts; (5) serio ousness of the charge (which suggests the likely fee of a retained attorney); and (6) other legal expenses (such as bail bond)." Wayne R. Lafave & Jerold H. Israel, Criminal Procedure 11.3(g), at 544 (2d ed. 1992). indigent (in-di-jdnt), n. (15c) 1. A poor person. 2. A person who is found to be financially unable to pay filing fees and court costs and so is allowed to proceed in forma pauperis . The Supreme Court has recog nized an indigent petitioner's right to have certain fees and costs waived in divorce and termination-of-paren tal-rights cases. Boddie v. Connecticut, 401 U.S. 371, 91 S.Ct. 780 (1971); M.L.B. v. S.L,J., 519 U.S. 102, 117 S.Ct. 555 (1996). See PAUPER; IN FORMA PAUPERIS. indigent, adj. indigent defendant. (1882) A person who is too poor to hire a lawyer and who, upon indictment, becomes eligible to receive aid from a court~appointed attorney and a waiver of court costs. See IN FORMA PAUPERIS. Cf. PAUPER. [Cases: Costs Criminal Law~ 1766.] indignity (in-dig-nHee), n. (16c) Family law. A ground for divorce consisting in one spouse's pattern of behavior calculated to humiliate the other. -Also termed personal indignity. Cf. CRUELTY. [Cases: Divorce ~29.1 indirect aggression. See AGGRESSION. indirect attack. See COLLATERAL ATTACK. indirect confession. See CONFESSION. indirect contempt. See CONTEMPT. indirect cost. See COST (1). indirect damages. See consequential damages under DAMAGES. indirect evidence. See circumstantial evidence (1) under EVIDENCE. indirect loss. See consequential loss under LOSS. indirect notice. See implied notice under NOTICE. indirect possession. See mediate possession under pos- SESSION. indirect-purchaser doctrine. (1976) Antitrust. The principle that in litigation for price discrimination, the court will ignore sham middle parties in deter mining whether different prices were paid by different customers for the same goods . This doctrine gives standing to bring an antitrust action to a party who is not an immediate purchaser ofa product. Thus, if a manufacturer sells a product to a retailer, but dictates the terms by which the retailer must sell the product 843 to a consumer, a court will ignore the retailer and treat the consumer as the direct purchaser of the product. [Cases: Antitrust and Trade Regulation C-~967.] indirect tax. See TAX. indiscriminate attack. lnt'llaw. An aggressive act that (1) is not carried out for a specific military objective, (2) employs a means of combat not directed at a specific military objective, or (3) employs a means of combat the effects of which cannot be limited in accordance with an international protocol such as the Geneva Con ventions of 1949 and their protocols or the Hague Con ventions of 1899 and 1907. indispensable-element test. Criminal law. A common law test for the crime of attempt, based on whether the defendant acquires control over any thing that is essential to the crime . Under this test, for example, a person commits a crime by buying the explosives with which to detonate a bomb. See ATTEMPT (2). [Cases: Criminal Law indispensable evidence. See EVIDENCE. indispensable instrument. See INSTRUMENT (3). indispensable party. See PARTY (2). indistanter (in-di-stan-t;)r), adv. [Law Latin "immedi ately"] Forthwith; without delay. indite. See INDICT. individual, adj. (I5c) 1. Existing as an indivisible entity. 2. Ofor relating to a single person or thing, as opposed to a group. individual account plan. See defined-contribution plan under EMPLOYEE BENEFIT PLAN. individual asset. See ASSET. individual contract. See Cml/TRACT. individual debt. See DEBT. individual goodwill. See personal goodwill under GOODWILL. individualized educational placement. See INDIVIDt: ALIZED EDUCATION PROGRAM. individualized education program. Family law. A spe cially designed plan ofeducational instruction for a child with disabilities . The individualized education program is a written plan that details the particular child's abilities, the child's educational goals, and the services to be provided. Abbr. IEP. -Also termed individualized educational placement. See child with disabilities under CHILD; INDIVIDUALS WITH DISABILI TIES EDUCATION ACT. individual liberty. See personal liberty under LIBERTY. individual property. See SEPARATE PROPERTY (1). individual proprietorship. See SOLE PROPRIETORSHIP. individual retirement account. (1974) A savings or bro kerage account to which a person may contribute up to a specified amount ofearned income each year . The contributions, along with any interest earned in the account, are not taxed until the money is withdrawn indorsee after a participant reaches 59'12 (or before then, ifa 10% penalty is paid). Abbr. IRA. Also termed inde pendent retirement account. Cf. KEOGH PLAN. [Cases: Internal Revenue ~3594.1 education individual retirement account. An indi vidual retirement account from which withdrawals may be made tax-free ifthe withdrawn funds are used for education costs . Before 2002, annual contribu tions were limited to $500. In 2002, the contribution limit increased to $2,000 per year for families with incomes under $190,000. Roth IRA. (1991) An IRA in which contributions are nondeductible when they are made . No further taxes are assessed on the contributions (or accrued interest) when the money is withdrawn (ifall applica ble rules are followed). This term takes its name from Senator William Roth, who sponsored the legislation creating this type ofIRA. Individuals with Disabilities Education Act. A federal statute that governs the public education of children with phYSical or mental handicaps and attempts to ensure that these children receive a free public educa tion that meets their unique needs . The Education of All Handicapped Children Act (enacted in 1975) was renamed the Individuals with Disabilities Education Act in 1990, and this Act was substantially amended in 1997. All states currently participate in this joint fed eral-state initiative. 20 USCA 1400-1485. Abbr. IDEA. individual voluntary arrangement. English law. A formal out-of-court arrangement between a debtor and two or more lenders to freeze the interest rate of a debt and payoff a percentage of the debt over an agreed period, at the end of which time the remaining debt is canceled . The arrangement is an alternative to filing for bankruptcy. It must be set up by an autho rized insolvency practitioner but does not require court approval. Abbr. IVA. indivisible, adj. (14c) Not separable into parts; held by two or more people in undivided shares <an indivis ible debt>. indivision. Civil law. Undivided ownership ofproperty; the condition of being owned by coowners each haVing an undivided interest in the property. [Cases: Joint TenancyC=::>1.] indivisum (in-di-v!-S;)m or -z;)m), adj. [Latin] Roman law. (Of property) held in common; not divided. indorse, vb. (16c) To sign (a negotiable instrument), usu. on the back. either to accept responsibility for paying an obligation memorialized by the instrument or to make the instrument payable to someone other than the payee. Also spelled endorse. indorsee (in-dor-see). (18c) A person to whom a

payee. Also spelled endorse. indorsee (in-dor-see). (18c) A person to whom a negotia ble instrument is transferred by indorsement. Also spelled endorsee. indorsee in due course. An indorsee who, in the ordinary course of business, acquires a negotiable 844 indorsement instrument in good faith for value, before its maturity, and without knowledge ofits dishonor. indorsement, n. (16c) 1. The placing of a signature, sometimes with an additional notation, on the back of a negotiable instrument to transfer or guarantee the instrument or to acknowledge payment. [Cases: Bills and Notes 2. lhe signature or notation itself. -Also spelled endorsement. -indorse, vb. 'The clever indorser can subscribe his or her name under a variety of magic phrases. The Code specifies the legal effect of some of these phrases. Qualified indorsements ('without recourse') limit the liability of the indorser if the instrument is dishonored, Restrictive indorsements such as 'for deposit only,' 'pay any bank,' and the like set the terms for further negotiation of the instrument. Their main purpose is to prevent thieves and embezzlers from cashing checks." 2 James J, White & Robert S. Summers, Uniform Commercial Code 16-7, at 92-93 (4th ed. 1995). accommodation indorsement. (1888) An indorsement to an instrument by a third party who acts as surety for another party who remains primarily liable. See ACCOMMODATION PAPER. [Cases: Bills and Notes 236.] anomalous indorsement. See irregular indorsement. blank indorsement. An indorsement that names no specific payee, thus making the instrument payable to the bearer and negotiable by delivery only. UCC 3-205(b). Also termed indorsement in blank; general indorsement. [Cases: Bills and Notes 288.] collection indorsement. See restrictive indorsement. conditional indorsement. (1894) An indorsement that restricts the instrument in some way, as by limiting how the instrument can be paid or transferred; an indorsement giving possession of the instrument to the indorsee, but retaining title until the occur rence of some condition named in the indorsement. Wordings that indicate this type ofindorsement are "Pay to Brad Jones when he becomes 18 years ofage" and "Pay to Brigitte Turner, or order, unless before payment I give you notice to the contrary." Also termed restricted indorsement; restrictive indorse ment. Cf. special indorsement. [Cases: Bills and Notes C;=> 190, 199, 290.J full indorsement. 1. See irregular indorsement. 2. See special indorsement. general indorsement. See blank indorsement. indorsement in blank. See blank indorsement. indorsement in full. See special indorsement. indorsement without recourse. See qualified indorse ment. irregular indorsement. (1842) An indorsement by a person who signs outside the chain of title and who therefore is neither a holder nor a transferor of the instrument . An irregular indorser is gen erally treated as an accommodation party. Also termed anomalous indorsement;full indorsement. See ACCOMMODATION PARTY. [Cases: Bills and Notes 191,294.] qualified indorsement. (1806) An indorsement that passes title to the instrument but limits the indors er's liability to later holders if the instrument is later dishonored . Typically, a qualified indorse ment is made by writing "without recourse" or "sans recourse" over the signature. VCC 3-415(b). Also termed indorsement without recourse. See WITHOUT RECOURSE. Bills and Notes restricted indorsement. See conditional indorsement. restrictive indorsement. (18c) An indorsement that includes a condition (e.g., "pay Josefina Cardoza only if she has worked 8 full hours on April 13") or any other language restricting further negotiation (e.g., "for deposit only"). Also termed collection indorse ment. See conditional indorsement. [Cases: Bills and Notes C;=> 190, 199, 290.J special indorsement. (18c) An indorsement that speci fies the person to receive payment or to whom the goods named by the document must be delivered. UCC 3-205(a). Also termed indorsement in full; full indorsement. C. cDrlditional indorsement. [Cases: Bills and Notes 289.] trust indorsement. (1945) An indorsement stating that the payee becomes a trustee for a third person (e.g., "pay Erin Ray in trust for Kaitlin Ray"); a restrictive indorsement that limits the instrument to the use of the indorser or another person. unauthorized indorsement. (1840) An indorsement made without authority, such as a forged indorse ment. [Cases: Bills and Notes C;=>239, 279.] unqualified indorsement. (1839) An indorsement that does not limit the indorser's liability on the paper. It does not, for example, include the phrase "without recourse." [Cases: Bills and Notes C;=>281, 287, 293.] unrestrictive indorsement. (1844) An indorsement that includes no condition or language restricting negotia tion. -Also termed unrestricted indorsement. [Cases: Bills and Notes (;=)190. 199, 290.] indorser. (18c) A person who transfers a negotiable instrument by indorsement; speci., one who signs a negotiable instrument other than as maker, drawer, or acceptor. -Also spelled endorser. accommodation indorser. (1820) An indorser who acts as surety for another person. in dote aestimata (in doh-tee es-ti-may-t;}). [Latin] Roman & civil law. When the dowry was valued . When the dowry had been valued, the husband owed a sum of money representing the value and could dispose ofthe specific items ofwhich the dowry was composed. in dubio (in d[y]oo-bee-oh), adv. & adj. [Latin] In doubt. induced abortion. See ABORTION. inducement, n. (15c) l. The act or process ofenticing or persuading another person to take a certain course of action. Seefraud in the inducement under PRAUD. active inducement. The act of intentionally causing a third party to infringe a valid patent. -Active induce ment requires proof of(1) an actual intent to cause the patent infringement and (2) knowledge ofthe patent. [Cases: Patents c;::::,259 (1).] 2. Contracts. The benefit or advantage that causes a promisor to enter into a contract. 3. Criminal law. An enticement or urging of another person to commit a crime. 4. The preliminary statement in a pleading; esp., in an action for defamation, the plaintiff's allega tion that extrinsic facts gave a defamatory meaning to a statement that is not defamatory on its face, or, in a criminal indictment, a statement ofpreliminary facts necessary to show the criminal character ofthe alleged offense. Cf. INNUENDO (2); COLLOQUIUM. [Cases: Libel and Slander c;::::,81.] -induce, vb. inducement ofbreach ofcontract. See TORTIOUS INTER FERENCE WITH CONTRACTUAL RELATIONS. induciae legales (in-d[y]oo-shee-ee l~-gay-leez). [Latin] Civil & Scots law. The days allowed after summons for a defendant to appear in court. inducing infringement. See infringement in the induce ment under INFRINGEMENT. induct, vb. (14c) 1. To put into possession of(something, such as an office or benefice). 2. To admit as a member. 3. To enroll (a person) for military service. [Cases: Armed Services c;::::,20.10(2).] inductio (in-d3k-shee-oh), n. [Latin] Roman law. The act oferasing a writing or part ofit, as when a testator struck a legacy from a will. PI. inductiones (in-d~k shee-oh-neez). induction. (14c) 1. The act or process of initiating <the induction of three new members into the legal frater nity>. 2. The act or process of reasoning from specific instances to general propositions <after looking at several examples, the group reasoned by induction that it is a very poor practice to begin a new paragraph by abruptly bringing up a new case>. Cf. DEDUCTION (4). indult (in-d.dt). Eccles. law. A dispensation granted by the Pope to do or obtain something contrary to canon law. -Historically, induits were often used for politi cal ends. An indult granted to a sovereign empowered the recipient to present an ecclesiastical benefice, usu. without papal interference. Less exalted bodies, such as the parliament ofParis and the college ofcardinals, were sometimes granted similar privileges. -Also termed indulto. indulto (in-d;}l-toh). [Spanish] 1. A pardon or amnesty. 2. Hist. A duty paid on imported goods to the Spanish or Portuguese Crown. in duplo (in d[y]oo-ploh), adv. & adj. [Law Latin] Hist. In double. -This term appeared in phrases such as damna in duplo ("double damages"). -Also termed (in Roman law) in duplum. in duriorem sortem (in d[y]uur-ee-or-am sor-t~m). [Latin] Civil law. To the debt that it was the debtor's interest to have first discharged. _ The phrase appeared in reference to a debt that bound the debtor most quickly or to which a penalty was imposed. industrial design. Patents. The shape, configuration, pattern, or ornament applied to a finished article of manufacture, often to distinguish the product's appear ance. _ A design patent may be issued to protect the product's characteristic appearance. [Cases: Patents c;::::,15.] industrial-development bond. See BOND (3). industrial disease. See OCCUPATIONAL DISEASE. industrial espionage. See ESPIONAGE. Industrial Espionage Act. See ECONOMIC ESPIONAGE ACT. industrial goods. See capital goods under GOODS. industrial insurance. See industrial life insurance under LIFE INSURANCE. industrial law. See LABOR LAW. industrial life insurance. See LIFE INSURANCE. industrial property. Intellectual property. Patented goods, industrial deSigns, trademarks, and copyrights that a business owns and may exclude others from using. Employed in the Paris Convention, the term was not defined, but the treaty states that it is to be construed broadly. industrial relations. All dealings and relationships between an employer and its employees, including collective bargaining about issues such as safety and benefits. industrial-revenue bond. See industrial-development bond under BOND (3). industrial union. See UNION. industry. (15c) 1. Diligence in the performance ofa task. 2. Systematic labor for some useful purpose; esp., work in manufacturing or production. 3. A particular form or branch of productive labor; an aggregate of enter prises employing similar production and marketing facilities to produce items having markedly similar characteristics. industry-wide liability. See enterprise liability (1) under LIABILITY. indutiae (in-d[y]oo-shee-ee), n. [Latin]!. Roman & int'l law. A truce or cessation ofhostilities; an armistice. 2. Roman & civil law. A delay allowed for performing an obligation or other legal business. 3. Maritime law. A period of 20 days in which a bottomry-bond debtor may unload the ship's cargo and pay the bond. -Also spelled induciae. in eadem causa (in ee-ay-dam kaw-za), adv. [Latin] Hist. In the same cause; in the same state or condition. inebriate (in-ee-bree-~t), n. (18c) Archaic. An intoxicated person; esp., a habitual drunkard. [Cases: Chemical Dependents C=> 1.] inebriated 846 inebriated (in-ee-bree-ay-tid), adj. (15c) Drunk; intoxi cated. ineffective assistance of counsel. See ASSISTANCE OF COUNSEL. ineffective revocation. See DEPENDENT RELATIVE REVO CATION. Ineligibility Clause. The clause ofthe U.S. Constitution that prohibits a member ofCongress from accepting an appointment to an executive office that was created, or the compensation for which was increased, during the member's service in Congress. D.S. Const. art. I, 6. Officers and Publk Employees ineligible, adj. (18c) (Of a person) legally disqualified to serve in office. [Cases: Officers and Publk Employees ineligibility, n. in emulationem vicini (in em-Y<l-lay-shee-oh-nam Vi-S1 m), adj. [Latin "in envy or hatred ofa neighbor"] Hist. (Of a cause ofaction) brought for an act done solely to hurt or distress another, such as raising a high fence. in eodem negotio (in ee-oh-dam ni-goh-shee-oh). [Latin] Hist. Arising out ofthe same transaction. inequitable (in-

oh-shee-oh). [Latin] Hist. Arising out ofthe same transaction. inequitable (in-ek-wi-ta-bal), adj. (17c) Not fair; opposed to principles of equity <an inequitable ruling>. inequitable conduct. See defense ofinequitable conduct under DEFENSE (1). in equity. (15c) In a chancery court rather than a court of law; before a court exercising equitable jurisdiction. inequity (in-ek-wi-tee), n. (16c) 1. Unfairness; a lack of equity. 2. An instance ofinjustice. inescapable peril. See PERIL. in esse (in es-ee also es-ay). [Latin "in being"] (16c) In actual existence; IN BEING <the court was concerned only with the rights of the children in esse>. Cf. IN POSSE. in essentialibus (in e-sen-shee-al-a-b<ls). [Law Latin] Scots law. In the essential parts. An error in an essen tial term of an instrument (such as a deed) was usu. fatal. inessential mistake. See unessential mistake under MISTAKE. in est de jure (in est dee joor-ee). [Latin] It is implied as of right or by law. in evidence. Having been admitted into evidence <the photograph was already in evidence when the defense first raised an objection to it>. inevitability doctrine. See INEVITABLE-DISCLOSURE DOCTRINE. inevitable accident. See unavoidable accident under ACCIDENT. inevitable-accident doctrine. See UNAVOIDABLE-ACCI DENT DOCTRINE. inevitable-disclosure doctrine. Trade secrets. The legal theory that a key employee, once hired by a competitor, cannot avoid misappropriating the former employer's trade secrets . To justify an injunction, the plaintiff must prove that the former employee has confidential information and will not be able to avoid using that knowledge to unfairly compete against the plaintiff. Most courts have rejected this controversial doctrine on grounds that it effectively turns a nondisclosure agree ment into a disfavored noncompetition agreement. The leading case upholding the doctrine is PepsiCo, Inc. v. Redmond, 54 F,3d 1262 (7th Cir. 1995), where the court quipped: "PepsiCo finds itselfin the position ofa coach, one ofwhose players has left, playbook in hand, to join the opposing team before the big game." Also termed inevitable disclosure rule; inevitability doctrine; inevi table misappropriation doctrine. [Cases: Antitrust and Trade Regulation ~414.] inevitable-discovery rule. (1873) Criminal procedure. The rule providing as an exception to the fruit -of-the poisonous-tree doctrine -that evidence obtained by illegal means may nonetheless be admissible ifthe pros ecution can show that the evidence would eventually have been legally obtained anyway. See FRUIT-OF-THE POISONOUS-TREE DOCTRINE. Cf. INDEPENDENT-SOURCE RULE. [Cases: Criminal Law C=:>394.l(3).] inevitable-misappropriation doctrine. See INEVITABLE DISCLOSURE DOCTRINE. eks-kam-bee-oh), adv. [Law Latin] 1;"""""14<:. This phrase appeared in deeds of inexcusable neglect. See NEGLECT. in executione rei judicatae (in ek-si-kyoo-shee-oh-nee ree-I joo-di-kay-tee). [Latin] Hist. In execution of a judgment right already judicially determined. in exitu (in ekS-;l-t[y]Oo or eg-za-t[y]oo), adv. & adj. [Law Latin] Hist. In issue. These words sometimes appeared in phrases such as de materia in exitu Cof the matter in issue"). in extenso {in ek-sten-soh}. [Latin] In full; unabridged <set forth in extenso>. in extremis (in ek-stree-mis). [Latin "in extremity"] (16c) 1. In extreme circumstances. 2. Near the point of death; on one's deathbed . Unlike in articulo mortis, the phrase in extremis does not always mean at the point ofdeath. Cf. IN ARTICULO MORTIS. in facie curiae (in fay-shee-ee kyoor-ee-ee), adv. & adj. [Law Latin "in the face of the court"] Hist. In the presence ofthe court. in facie ecclesiae (in fay-shee-ee e-klee-z[hlee-ee), adv. & adj. [Law Latin "in the face of the church"] Hist. In the presence of the church . A marriage solemnized in a parish church or public chapel was said to be in facie ecclesiae. in faciendo (in fay-shee-en-doh), adv. & ad). [Law Latin "in doing"] Hist. In the performance of an act; in feasance. lhe phrase appeared in reference to an obli gation to perform an act. Cf. IN FACTO PRAESTANDO. in fact. (18c) Actual or real; resulting from the acts of parties rather than by operation oflaw. Cf. IN LAW. 847 inference in facto (in fak-toh), adv. [Latin] Hist. In fact; in deed. in facto praestando (in fak-toh pree-stan-doh). [Latin] Hist. In the performance of some act. Cf. IN FACIENDO. in facto proprio (in fak-toh proh-pree-oh). [Latin] Hist. Concerning one's own act. infamia (in-fay-mee-~), n. [Latin] Roman law. 1. Bad reputation; ill-fame. 2. Loss ofhonor as a citizen. infamia facti (in-fay-mee-~ fak-tI). Infamy in fact, though not yet judicially proved. infamia juris (in-fay-mee-<:l joor-is). Infamy estab lished by judicial verdict. infamis (in-fay-mis), adj. [Latin] Roman law. (Of a person or action) of ill-repute. - A person was automatically infamis if held liable for certain torts or breaches of fiduciary duty. This type ofcondemnation carried with it certain disabilities, such as disqualification from office or ineligibility to witness a formal transaction. infamous (in-f<:l-m<:ls), adj. (14c) 1. (Ofa person) having a bad reputation. 2. (Of a person) deprived ofsome or all rights of citizenship after conviction for a serious crime. -Historically, a person convicted ofalmost any crime became infamous. 3. (Of conduct) that is punish able by imprisonment. infamous crime. See CRIME. infamous punishment. See PUNISHMENT. infamy (in-f~-mee), n. (18c) 1. Disgraceful repute. 2. The loss of reputation or position resulting from a person's being convicted of an infamous crime. See infamous crime under CRIME. infancy. (14c) 1. MINORITY (1). 2. Early childhood. natural infancy. At common law, the period ending at age seven, during which a child was presumed to be without criminal capacity. 3. The beginning stages of anything. infangthief (in-fang-theef). [fro Old English in "in" + fangen "taken" + theof"thief"] Hist. A privilege held by a lord ofa manor to try, and deal summarily with, a thief captured on the lord's land, esp. a thief captured with plunder. -Also spelled infangthef Cf. OUT FANGTHIEF. infans (in-fanz), n. [Latin) Roman law. A child under seven years old. _ On turning seven years old, an infans became known as an impubes. An infans had no capacity in the law. Cf. IMPUBES. infant, n. (l4c) 1. A newborn baby. 2. MINOR (1). "An infant in the eyes of the law is a person under the age of twentyone years, and at that period (which is the same in the French and generally in the American law) he or she is said to attain majority; and for his torts and crimes an infant may be liable; but for his contracts, as a general rule, he is not liable, unless the contract is for necessaries." John Indermaur, Principles ofthe Common Law 195 (Edmund H. Bennett ed., 1st Am. ed. 1878). "[Ilnfant the one technical word that we have as a contrast for the person of full age stands equally well for the new-born babe and the youth who is in his twenty-first year." 2 Frederick Pollock & Frederic William Maitland, History ofEnglish Law Before the Time ofEdward 1439 (2d ed.1899). "The common-law rule provided that a person was an infant until he reached the age of twenty one. The rule continues at the present time, though by statute in somejurisdictions the age may be lower." John Edward Murray Jr.. Murray on Contracts 12, at 18 (2d ed. 1974). infantia (in-fan-shee-~), n. [Latin] Roman law. The period ofa person's life from birth to seven years; early childhood. infantiae proximus (in-fan-shee-ee prok-si-m~s). [Latin] Roman law. Next to infancy. - A child was infantiae proximus when slightly over seven years ofage. infanticide (in-fant-~-sId). (17c) 1. The act of killing a newborn child, esp. by the parents or with their consent. _ In archaic usage, the word referred also to the killing of an unborn child. -Also termed child destruction; neonaticide. Cf. FETICIDE; FILIClDE (2). 2. The practice of killing newborn children. 3. One who kills a newborn child. Also termed child-slaying. Cf. PROLICIDE. infanticidal, ad}. infavorem libertatis (in f~-vor-~m lib-~r-tay-tis). [Law Latin] In favor ofliberty. in favorem vitae (in f~-vor-~m VI-tee), adv. [Law Latin] In favor of life. infect, vb. (I4c) 1. To contaminate <the virus infected the entire network>. 2. To taint with crime <one part ofthe city has long been infected with illegal drug-dealing>. 3. To make (a ship or cargo) liable in the seizure ofcon traband, which is only a part ofits cargo <claiming that the Single package of marijuana had infected the ship, the Coast Guard seized the entire vessel>. -infection, n. -infections, adj. infection, doctrine of. Int'llaw. The principle that any goods belonging to an owner ofcontraband and carried on the same ship as the contraband may be seized or otherwise treated in the same manner as the contra band itself. infeft, p.pl. Scots law. Enfeoffed. See ENFEOFF. infeftment. Scots law. ENFEOFFMENT (1). in feodo simpliciter (in fee-d-doh or fyoo-doh sim-plis i-tdr). [Law Latin] In fee simple. See FEE SIMPLE. infeotf, vb. See ENFEOFF. infeotfment. See ENFEOFFMENT. infer, vb. (16c) To conclude from facts or from factual reasoning; to draw as a conclusion or inference. Cf. IMPLY (1). inference (in-f<:lr-~nts), n. (16c) 1. A conclusion reached by considering other facts and deducing a logical con sequence from them. [Cases: Criminal Law (~305, 559; Evidence 595.] adverse inference. A detrimental conclusion drawn by the fact-finder from a party's failure to produce evidence that is within the party's controL -Some courts allow the inference only if the party's failure 848 inference-on-inference rule is attributable to bad faith. -Also termed adverse presumption. Cf. SPOLIATION (1). 2. 1he process by which such a conclusion is reached; the process of thought by which one moves from evidence to proof. infer, vb. inferential, adj. inferrer, n. inference-on-inference rule. (1940) The principle that a presumption based on another presumption cannot serve as a basis for determining an ultimate fact. [Cases: Criminal Law (:::::0306; Evidence G'::>S4.] inference-stacking. The practice or an instance of piling one or more inferences on each other to arrive at a legal conclusion. -Also termed pyramiding inferences. See INFERENCE-ON-INFERENCE RULE. [Cases: Criminal Law (:::::0306; Evidence inferential fact. See FACT. inferential pleading. See argumentative pleading under PLEADING (1). inferior court. See COURT. inferior judge. See JUDGE. inferior officer. See OFFICER (1). inferred authority. See ir!cidental authority under AUTHORITY (1). infertile, adj. Unable to conceive or bear offspring; sterile. -infertility, n. infeudate. See ENFEOFF. infeudatio (in-fyoo-day-shee-oh). [Law Latin] Scots law. ENFEOFFMENT. infeudation (in-fyoo-day-sh;:m), n. Under the feudal system oflandholding, the process of giving a person legal possession ofland; ENFEOFFMENT (1). Cf. SUBIN FEUDATION. -infeudate, vb. "So thorough was the process

FEOFFMENT (1). Cf. SUBIN FEUDATION. -infeudate, vb. "So thorough was the process by which the land of England became subject to fixed obligations to the king the process generally referred to today as the infeudation of England -that by the time of the famous Domesday survey, a scant twenty years after Hastings, it was possible to assign to almost every rock and stone of English soil its precise duty to the Crown." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 3 (2d ed. 1984). infibulation. See FEMALE GENITAL MUTILATION. inficiari. See INFITIARI. inficiatio. See INFlTIATIO. infidel (in-f<l-d<ll). (ISc) 1. A person who does not believe in something specified, esp. a particular religion. 2. Hist. A person who violates a feudal oath of fealty. infidelis (in-fi-dee-lis or -del-is). [Latin] Hist. 1. INFIDEL (1). 2. INFIDEL (2). infidelitas (in-fi-dee-l<l-tas or -del-<l-tas), tl. [Latin] Hist. Infidelity; faithlessness to one's feudal oath. "Many of the smaller misdeeds were regarded as exhibi tions of an infidelitas, which, however, did not amount to a felonia." 2 Frederick Pollock & Frederic W. Maitland, The Historv ofEnglish Law Before the Time of Edward I 513-14 (2d ed. 1899). infidelity. (ISc) Unfaithfulness to an obligation; esp., marital unfaithfulness. Cf. ADULTERY. infiduciare (in-fi-d[yJoo-shee-air-ee), vb. [Law Latin] Hist. To pledge property. in fieri (in fHI-fI), adj. [fro Latin in "in" + jieri "to be done"] (Of a legal proceeding) that is pending or in the course ofbeing completed. in fine (in fI-nee or fm), adv. [Latin] 1. In short; in summary. 2. At the end (of a book, chapter, section, etc.). infirmative, adj. Rare. (Of evidence) tending to weaken or invalidate a criminal accusation <an infirmative fact>. Cf. CRIMlNATlVE. infirmative hypothesis. Criminal law. An approach to a criminal case in which the defendant's innocence is assumed, and incriminating evidence is explained in a manner consistent with that assumption. infirmity (in-f<lr-m<l-tee), n. (14c) Physical weakness caused by age or disease; esp., in insurance law, an applicant's ill health that is poor enough to deter an insurance company from insuring the applicant. infirm, adj. infitiari (in-fish-ee-air-I), vb. [Latin "to deny"] Roman law. To deny a plaintiff's allegation; esp., to deny liabil ity on a debt. -Also spelled injiciari. infitiatio (in-fish-ee-ay-shee-oh), n. [Latin] Roman law. The denial of a debt or liability; the denial of a plaintiff's allegation. -Also spelled injiciatio. PI. infitationes (in fish-ee-ay -shee-oh -neez). in flagrante delicto (in fl;}-gran-tee d;}-lik-toh). [Latin "while the crime is ablaze"] (I8c) In the very act of committing a crime or other wrong; red-handed <the sheriff caught them in flagrante delicto>. inflammatory (in-flam-<l-tor-ee), adj. (18c) Tending to cause strong feelings of anger, indignation, or other type of upset; tending to stir the passions . Evidence can be excluded if its inflammatory nature outWeighs its probative value. [Cases: Criminal Law (~='338(7); Evidence (;="~146.] inflation, n. (14c) A general increase in prices coinciding with a fall in the real value ofmoney. Cf. DEFLATION. inflationary, adj. cost-push inflation. Inflation caused by a rise in pro duction costs. demand-pull inflation. Inflation caused by an excess of demand over supply. inflation rate. The pace of change in the prices ofgoods and services in a particular period . The primary indexes for measuring the rate are the Consumer Price Index and the Producer Price Index. infliction of emotional distress. 1. See lNTENTIONAL INFLlCTlON OF EMOTIONAL DISTRESS. 2. See NEGLlGENT INFLICTION OF EMOTIONAL DISTRESS. influence district. See DISTRICT. in force, adj. In effect; operative; binding. in-force patent. See PATENT (3). in forma communi (in for-m;) b-myoo-m) See IN COMMUNI FORMA. informa delicti (in for-m;) di-lik-tI). [Latin]lIist. In the form ofa delict. informal, adj. (16c) Not done or performed in accor dance with normal forms or procedures <an informal proceeding>. informal acknowledgment. See ACKNOWLEDGMENT. informal agency action. Administrative-agency activity other than adjudication or rulemaking, such as inves tigation, publicity, or supervision. Cf. RULEMAKING. [Cases: Administrative Law and Procedure ~30l, 341.] informal application. See PATENT APPLICATION. informal consideration. See CONSIDERATION (2). informal contract. See CONTRACT. informal disposition. See DISPOSITION (2). informal dividend. See DIVIDEND. informal drawing. See DRAWING. informal immunity. See pocket immunity under IMMUNITY (3). informal issue. See ISSUE (1). informal marriage. See common-law marriage under MARRIAGE (1). informal probate. See PROBATE. informal proceeding. See PROCEEDING. informal proof ofclaim. See PROOF OF CLAIM. informal rulemaking. See RULEMAKING. informant. (17c) One who informs against another; esp., one who confidentially supplies information to the police about a crime, sometimes in exchange for a reward or special treatment. -Also termed informer; feigned accomplice. citizen-informant. A witness who, without expecting payment and with the public good in mind, comes forward and volunteers information to the police or other authorities. informant's privilege. See PRIVILEGE (3). in forma pauperis (in for-m<l paw-p<l-ris), adv. [Latin "in the manner ofa pauper"] (16c) In the manner ofan indigent who is permitted to disregard filing fees and court costs <when suing, a poor person is generally entitled to proceed informa pauperis>. See 28 USC A 1915; Fed. R. App. P. 24. For instance, in many juris dictions, an indigent divorce petitioner's filing fees and court costs are waived. Abbr. IFP. [Cases: Costs 128; Federal Civil Procedure (..-::>2734.] informa pauperis affidavit. See poverty affidavit under AFFIDAVIT. in forma specifica (in for-m;) spi-sif-i-k<l). [Latin] Hist. In the specified form. information. (15c) A formal criminal charge made by a prosecutor without a grand-jury indictment. See Fed. R. Crim. P. 7. The information is used to prosecute misdemeanors in most states, and about halfthe states allow its use in felony prosecutions as well. -Also termed bill ofinformation. Cf. INDICTMENT. [Cases: Indictment and Information duplicitous information. An information that charges two or more offenses as one count. substitute information in lieu ofindictment. An infor mation that the prosecutor files to take the place of a preViously returned indictment, usu. because the indictment is defective or because the prosecutor has added, altered, or deleted facts and allegations. [Cases: Indictment and Information informatioual member. See nonvoting member under MEMBER. informational picketing. See PICKETING. informational privacy. See PRIVACY. informational report. See REPORT (1). Information Analysis and Infrastructure Protection Directorate. 1he division of the U.S. Department of Homeland Security responsible for analyzing intel ligence information gathered from the Central Intel ligence Agency, the Defense Intelligence Agency, the Federal Bureau ofInvestigation, the National Security Administration, and other sources, and for issuing warnings about threats ofterrorist attack. The unit is also charged with evaluating weaknesses in the nation's infrastructure and recommending ways to reduce vul nerability to attacks. Abbr. IAIP. information and belief, on. (1827) (Of an allegation or assertion) based on secondhand information that the declarant believes to be true. For the historical pre cursor to this phrase, see INSINUATIO. [Cases: Federal Civil Procedure Indictment and Information ~52(4); Pleading~68.] information-disclosure statement. Patents. A document submitted in the patent-application process in which the inventor reveals all known relevant prior art during the patentability search . The statement must disclose all known patents, publications, and other references of prior art. The U.S. Patent and Trademark Office provides a form, "Information Disclosure Citation," for this purpose. Abbr. IDS. -Also termed statement of prior-art references. (Cases: Patents information in equity. An equitable action brought by a sovereign or a governmental unit to preserve or protect the public interest through a public remedy . When the action is to abate a nuisance that affects public property, it is an equitable action for purpresture. See PURPRESTURE. Cf. INFORMATION OF INTRUSION. information letter. A written statement issued by the Department of Labor -in particular, by the Pension and Welfare Benefits Administration that calls attention to a well-established interpretation or prin 850 information of intrusion ciple ofERISA, without applying it to a specific factual situation. information of intrusion. Hist. A proceeding for trespass upon real property owned or held by a sover eign, such as a state or federal government . This was a common-law remedy for purpresture. See PURPRES TURE. Cf. INFORMATION IN EQUITY. "In England it [an information of intrusion] is filed by the king's attorney general for any trespass committed upon the lands of the crown. It is founded on no writ under seal, but merely on intimation of the king's officer who 'gives the court to understand and be informed' of the matter in question. 3 BI. Com. 261; Cro.Jac. 212. In America in Massachusetts and Virginia -the remedy is resorted to in case of an intrusion on escheated lands. Com. v. Andre. 20 Mass. (3 Pick.) 224; Com. v. Hite, 6 leigh (Va.) 588. Mas sachusetts Gen. St. 141 authorizes information of intrusion to be filed by the district attorney in case of any intrusion upon lands held by the State in this county for the benefit or use of any tribe of Indians or any individual thereof. or any descendants of them." 10 The American and English Encyciopedia of Law 711 n.l Uohn Houston Merrill et al. eds., 1889) (s.v. information of intrusion). "An information of intrusion, it may be added, was in the nature of an action for trespass quare clausum fregit." R.E. Megarry, A New Miscellany-ot-Law 141 (2005). information return. See TAX RETURN. Information Society Directive. Copyright. An initia tive of the European Commission implementing the standards set by the WIPO Copyright Treaty, setting reproduction rights and establishing a "making-avail able" right. informative advertising. See ADVERTISING. informed consent. See CONSENT (1). informed intermediary. See INTERMEDIARY. informer. (14c) 1. INFORMANT. 2. A private citizen who brings a penal action to recover a penalty . Under some statutes. a private citizen is required to sue the offender for a penalty before any criminal liability can attach. Also termed common informer. See COMMON INFORMER. [Cases: Penalties (~:::J24.] informer's privilege. See informant's privilege under PRIVILEGE (3), inforo (in for-oh), adv. [Latin] In a forum, court, or tribunal; in the forum. in foro conscientiae (in for-oh kon-shee-en-shee-ee), adv. [Latin "in the forum ofconscience"] Privately or morally rather than legally <this moral problem cannot be dealt with by this court, but only in foro conscien tiae>. in foro contentioso (in for-oh k;}n-ten-shee-oh-soh), adv. [Latin] Hist. In the forum of contention or litigation; in a contested action. -Also termed in foro contra dictorio. "A decree is said to be granted in foro contentioso where the action in which it is pronounced has been litigated, in foro ecclesiastico (in for-oh e-klee-z[h]ee-as-ti-koh), adv. [Law Latin] In an ecclesiastical court. inforo externo (in for-oh ek-slar-noh), adv. [Lat

In an ecclesiastical court. inforo externo (in for-oh ek-slar-noh), adv. [Latin "in an external forum"] Eccles. law, In a court that is handling a case pertaining to or affecting the corporate life ofthe church. See FORUM EXTERNUM. in foro humano (in for-oh hyoo-may-noh), adv. In a human as opposed to a spiritual forum. "[TJhis may be murder or manslaughter in the sight of God, yet in foro humano it cannot come under the judgment of felony ... :. 1 Hale p,c. 429. inforo interno (in for-oh in-tar-noh), adv. [Latin "in an internal forum"] Eccles. law. In a court ofconscience; in a court for matters of conscience or the confessional. See FORUM INTERNUM. in foro saeculari (in for-oh sek-y;dair- I), adv, [Law Latin] In a secular court, infra (in-fr;}), adv. & adj. [Latin "below"] (I8c) Later in this text . Infra is used as a citational signal to refer to a later-cited authority. In medieval Latin, infra also acquired the sense "within." Cf. INTRA; SUPRA. infra aetatem (in-frd ee-tay-tdm), adj. [Latin] Underage. -Also spelled infra etatem. infra annos nubiles (in-fra an-ohs n[y]oo-b;}-leez), adj. [Law Latin] Hist. Under marriageable years; i.e., not old enough to wed. infra annum (in-fr;} an-am), adv. [Law Latin] Under a year; within a year. infra annum luctus (in-fr;} an-;}m lak-tds), adt'o [Latin] Hist. Within the year of mourning, -This referred to the one-year period of mourning during which a widow was prohibited from remarrying, infra civitatem (in-fra siv-i-tay-tam), adv. [Law Latin] Within the state. infra corpus comitatus (in-fr;} kor-pds kom-;}-tay t;}s), adv. & adj. [Law Latin] Hist. Within the body of a county . In English law, this phrase referred to a body of water that was completely enclosed by land, and therefore exempt from admiralty jurisdiction, See CORPUS COMITATUS. infraction, n. (17c) A violation, usu. of a rule or local ordinance and usu. not punishable by incarceration. See VIOLATION (1). infract, vb. civil infraction. An act or omission that, though not a crime, is prohibited by law and is punishable. In some states, many traffic violations are classified as civil infractions, infra dignitatem curiae (in-fr;} dig-ni-tay-tam kyoor-ee ee), adj. [Law Latin "beneath the dignity ofthe court"] (Of a case) too trifling in amount or character to be entertained by a court. infra furorem (in-fr;} fya-ror-dm), adv. [Law Latin] and parties fully heard on the merits of the case. But it is During madness; while in a state ofinsanity. not necessary that parties should be fully heard to make the decree pronounced in the case a decree in foro." John infra hospitium (in-frd hah-spish-ee-am). [Law Latin Trayner, Trayner's Latin Maxims 261 (4th ed, 1894). "within the inn"] The doctrine that an innkeeper is 851 infringement liable for goods deposited by a guest. [Cases: Innkeep ers(>l1.] infra jurisdictionem (in-fr;) joor-is-dik-shee-oh-n;!m), adv. & adj. [Law LatinJ Within the jurisdiction. infra praesidia (in-fr;! pr;!-sid-ee-;!). [Latin "within the defenses"] Rist. The international-law doctrine that someone who captures goods will be considered the owner ofthe goods if they are brought completely within the captor's power . This term is a corruption of the Roman-law term intra praesidia, which referred to goods or persons taken by an enemy during war. Under the principle ofpostliminium, the captured person's rights or goods were restored to prewar status when the captured person returned. See POSTLIMINIUM. "In war, when those who are our enemies have captured someone on our side and have taken him into their own lines [intra praesidia]; for if during the same war he returns he has postliminium, that is, all his rights are restored to him just as if he had not been captured by the enemy." Digest ofJustinian 49.15.5.1 (Pomponius, Quintus Mucius 37). infrastructure. The underlying framework ofa system; esp., public services and facilities (such as highways, schools, bridges, sewers, and water systems) needed to support commerce as well as economic and residential development. in fraudem creditorum (in fraw-d<lm kre-di-tor-;!m), adv. [Latin] In fraud ofcreditors. in fraudem legis (in fraw-d;!m lee-jis), adv. [Latin] In fraud of the law . With an intent to evade the law. infringement, n. (1861) Intellectual property. An act that interferes with one of the exclusive rights of a patent, copyright, or trademark owner. See INTELLECTUAL PROPERTY. Cf. PLAGIARISM. infringe, vb. contributory infringement.!. The act of participating in, or contributing to, the infringing acts of another person. The law imposes vicarious liability for con tributory infringement. 2. Patents. The act of aiding or abetting another person's patent infringement by knowingly selling a nonstaple item that has no sub stantial noninfringing use and is esp. adapted for use in a patented combination or process. In the patent context, contributory infringement is statu torily defined in the Patent Act. 35 USCA 271(c). [Cases: Patents C-'::)259.J 3. Copyright. The act of either (1) actively inducing, causing, or materially contributing to the infringing conduct of another person, or (2) providing the goods or means neces sary to help another person infringe (as by making facilities available for an infringing performance) . In the copyright context, contributory infringement is a common-law doctrine. 4. Trademarks. A manu facturer's or distributor's conduct in knOWingly sup plying, for resale, goods bearing an infringing mark. [Cases: Trademarks (>1566.J copyright infringement. The act of violating any of a copyright owner's exclusive rights granted by the federal Copyright Act, 17 USCA 106,602. A copyright owner has several exclusive rights in copyrighted works, including the rights (1) to repro duce the work, (2) to prepare derivative works based on the work, (3) to distribute copies of the work, (4) for certain kinds of works, to perform the work publicly, (5) for certain kinds ofworks, to display the work publicly, (6) for sound recordings, to perform the work publicly, and (7) to import into the United States copies acquired elsewhere. [Cases: Copyrights and Intellectual Property (::;'53.] criminal infringement. The statutory criminal offense ofeither (1) willfully infringing a copyright to obtain a commercial advantage or financial gain (17 USCA 506; 18 USCA 2319), or (2) trafficking in goods or services that bear a counterfeit mark (18 USCA 2320). Under the second category, the law imposes criminal penalties if the counterfeit mark is (1) iden tical with, or substantially indistinguishable from, a mark registered on the Principal Register ofthe U.S. Patent and Trademark Office, and (2) likely to confuse or deceive the public. [Cases: Copyrights and Intellec tual Property (;:::c:>70; Trademarks (;::::::c 1786, 1787.1 direct infringement. 1. Patents. The act of making, using, selling, offering for sale, or importing into the United States, without the patentee's permission, a product that is covered by the claims ofa valid patent. 35 USCA 271(a). [Cases: Patents (>226.]2. Trade marks. The use of a mark in trade when that use causes a likelihood of confusion about the source of goods or services already identified by a similar mark. 3. Copyright. The unauthorized copying, distributing, or displaying of -or the adapting of a derivative work from - a copyrighted work. Cf. contributory infringe ment; infringement in the inducement. domain-name infringement. Infringement of another's trademark or servicemark by the use of a confUSingly similar Internet domain name. [Cases: Trademarks (>1116, 1435.] infringement by sale. Patents. The unauthorized sale, resale, or offer of a possessory interest in a patented invention. Also termed infringement through sale. [Cases: Patents (>226.J infringement in the inducement. Patents. The act of actively and knOWingly aiding and abetting direct infringement by another person . Although some times used in copyright and trademark law to mean contributory infringement, the term is usu. reserved for the patent context. -Also termed inducing infringement. Cf. direct infringement. [Cases: Patents (;:~'259.J innocent infringement. The act of Violating an intel lectual-property right without knowledge or aware ness that the act constitutes infringement . An innocent infringer may, in limited circumstances, escape liability for some or all ofthe damages. In the copyright context, damages may be limited if (1) the infringer was misled by the lack of a copyright notice on an authorized copy of the copyrighted work, dis tributed under the owner's authority before March 1989 (the effective date of the Berne Convention 852 infringement by sale Implementation Act of 1988), and (2) the infring ing act occurred before the infringer received actual notice of the copyright. 17 USC A 405(b).ln the trademark context, publishers and distributors of paid advertisements who innocently infringe a mark have no liability for damages. 15 USCA 1114. In both contexts, the innocent infringer is immunized only from an award of monetary damages, not from injunctive relief. Cf. willful infringement. [Cases: Copyrights and Intellectual Property C=>52.] literal infringement. Patents. Infringement in which every element and every limitation of a patent claim is present, exactly, in the accused product or process. Cf. DOCTRINE OF EQUIVALENTS. lCases: Patents 226.] nonliteral infringement. See DOCTRINE OF EQUIVA LENTS. patent infringement. The unauthorized making, using, offering to sell, selling, or importing into the United States of any patented invention. 35 USCA 271{a). [Cases: Patents "In determining whether an accused device or composi tion infringes a valid patent, resort must be had in the first instance to the words of the claim. If accused matter falls clearly within the claim, infringement is made out and that is the end of it." Craver Tank & Mfg. Co. v. Linde Air Prods. Co., 339 U.S. 605, 607, 70 S.Ct. 854, 855 (1950) Uackson, J.). trademark infringement. The unauthorized use of a trademark -or of a confusingly similar name, word, symbol, or any combination ofthese -in connection with the same or related goods or services and in a manner that is likely to cause confusion, deception, or mistake about the source of the goods or services. See LIKELIHOOD-OF-CONFUSION TEST. [Cases: Trade marks C::> 1421.] vicarious infringement. A person's liability for an infringing act of someone else, even though the person has not directly committed an act ofinfringe ment. For example, a concert theater can be vicari ously liable for an infringing performance ofa hired band. [Cases: Patents C-:287(2).j willful infringement. An intentional and deliber ate infringement of another person's intellectual property. Cf. innocent infringement. [Cases: Patents C=>227.] infringement by sale. See INFRINGEMENT. infringement opinion. See OPINION (2). infringement search. Patents. A patent search aimed at discovering whether a product or method infringes any in-force patent . An infringement search is usu. limited to the political territory where the patent is to be relied on. Also termed clear-ta-use search; free dam-to-operate search; PTO search. Cf. PATE:'oITABILITY SEARCH; VALIDITY SEARCH. infringement test. Patents. A means of determining whether a patent claim is dependent by asking if the claim would always be infringed if the independent claim on which it rests were infringed . Since a depen dent claim must incorporate all the elements of the independent claim, an infringement of the independent claim must also be an infringement of the dependent claim. [Cases

, an infringement of the independent claim must also be an infringement of the dependent claim. [Cases: Patents C=> 165(5).] infringement through sale. See infringement by sale under INFRINGEMENT. infringer. (l6c) A person who interferes with one of the exclusive rights of a patent, copyright, or trade mark owner. See INFRINGEMENT. [Cases: Copyrights and Intellectual Property (;=)77; Patents C~::>287(1); Trademarks C=> 1564.] in fructu (in frak-t[y]oo). [Latin] Hist. Among the fruit. A bona fide possessor owned the fruits ofthe subject possessed but not the subject itself because the subject was not infructu. For example, a person who possessed but did not own a goat was entitled to the goat's milk, wool, and offspring, but not the goat's meat. in full. Constituting the whole or complete amount <payment in full>. in fullUfe. (Of a person) alive in fact and in law; neither naturally nor civilly dead. in futuro (in fYd-tyoor-oh), adv. [Latin] In the future. Cf. IN PRAESENTI. in generali passagio (in jen-..-ray-h pd-say-jee-oh), adv. [Law Latin] Hist. In the general passage (to the holy land with a company of Crusaders). This type ofpil grimage excused an absence from court during the Crusades. Cf. SIMPLEX PASSAGIUM. in genere (in jen-dr-ee). [Latin "in kind"] Belonging to the same class, but not identical. ingenuitas (in-jd-n[y]oo-d-tas), n. [Latin] Roman law. The condition or status of a free-born person. ingenuitas regni (in-ja-n[y]oo- ..-tas reg-nIl. [Law Latin] Hist. The freemen, yeomanry, or commonalty of the kingdom. This term was occasionally applied to the nobility. ingenuus (in-jen-yoo- ..s), n. [Latin] Roman law. A free born person . This term, denoting freeborn persons, was commonly opposed to libertini (people born into slavery and later emancipated). Cf. LATINI IUNIANI; SERVUS. in globo (in gloh-boh), adv. [Latin "in a mass"] As an undivided whole rather than separately <settlement paid in globo to the three defendants>. ingratitude, n. Civil law. Lack of appreciation for a generous or kind act, esp. for a gift received . Under Louisiana law, a gift may be reclaimed on grounds of ingratitude if the recipient mistreats the giver by, for example, attempting to murder the giver or refusing to provide the giver with needed food. La. Civ. Code art. 1560. [Cases: Gifts ingratus (in-gray-tds), adj. [Latin] Roman law. (Of a person) ungrateful; (of conduct) marked by ingratitude. Ungrateful acts or words (such as spiteful comments 853 from a freedman toward a former master) could form the basis for a return to a prior inferior status. in gremio juris (in gree-mee-oh joor-is), adv. & adj. [Law Latin] Civil & Scots law. In the bosom of the right . lhis phrase describes a clause formerly inserted in an instrument to bind holders to its terms. in gremio legis (in gree-mee-oh lee-jis), adv. & adj. [Law Latin] In the bosom of the law . This is a figurative expression for something that is under the protection of the law, such as a land title that is in abeyance. ingress (in-gres). (l5c) l.lne act of entering. 2. The right or ability to enter; access. Cf. EGRESS. ingress, egress, and regress. (17c) The right of a lessee to enter, leave, and reenter the land in question. ingress us (in-gres-Js). [Latin "ingress, entry"] Hist. The fee paid by an heir to a feudal lord to enter the estate ofa decedent. in gross. 1. Undivided; still in one large mass. -Also termed en gros; en grosse. 2. (Of a servitude) personal as distinguished from appurtenant to land. See easement in gross under EASEMENT. ingross, vb. See ENGROSS. ingrossator (in-groh-say-tJr). [Law Latin] Hist. An engrosser; a clerk who writes records or instruments on parchment. The Engrosser of the Great Roll, for example, was known as the lngrossator Magni Rotuli. See CLERK OF THE PIPE. inhabit, vb. (l4c) To dwell in; to occupy permanently or habitually as a residence. in hac parte (in hak pahr-tee). [Latin] On this part or side. in haec verba (in heek v<lr-hJ). [Latin] In these same words; verbatim. in haereditate jacente (in hJ-red-i-tay-tee jJ-sen-tee). [Latin] Rist. In the estate ofa person deceased. inhaerere jurisdictioni (in-hi-reer-ee juur-is-dik-shee oh-m). [Latin] Civil law. To be necessarily connected with jurisdiction . The phrase typically referred to a judge's inherent powers, such as the power to inflict punishment or to enforce a judgment. inhere (in-heer), vb. (15c) To exist as a permanent, insep arable, or essential attribute or quality ofa thing; to be intrinsic to something. inherency doctrine. Patents. The rule that anticipation can be inferred despite a missing element in a prior-art reference if the missing element is either necessarily present in or a natural result ofthe product or process and a person of ordinary skill in the art would know it. On one hand, the doctrine precludes patenting an existing invention by merely claiming an inherent element. On the other hand, it allows the later patent ability ofa substance, usu. a chemical compound, that was inadvertently created but not recognized or appre ciated. See INHERENT ANTICIPATION. [Cases: Patents (;:::>65.] inheritance inherent anticipation. Patents. An invention's lack of novelty arising from the existence of prior-art products or processes that necessarily possess the same charac teristics. Inherency differs from obviousness in that a lack of novelty must be based on fact, not mere pos sibility or probability. See DOCTRINE OF INHERENCY. [Cases: Patents (;:::>65.] inherent authority. See AUTHORITY (1). inherent condition. See CONDITION (2). inherent covenant. See COVENANT (1). inherent defect. See hidden defect under DEFECT. inherently dangerous. See DANGEROUS. inherently dangerous activity. An activity that can be carried out only by the exercise of special skill and care and that involves a grave risk of serious harm if done unskillfully or carelessly. inherently dangerous work. See WORK (1). inhereut power. See POWER (3). inherent-powers doctrine. 'The principle that allows courts to deal with diverse matters over which they are thought to have intrinsic authority, such as (1) procedural rulemaking, (2) internal budgeting of the courts, (3) regulating the practice oflaw; and (4) general judicial housekeeping . The power is based on interpretations ofart. I, 8, cl. 18 of the Constitution. [Cases: Courts C-~1.] inherent right. See inalienable right under RIGHT. inherit, vb. (l4c) 1. To receive (property) from an ancestor under the laws of intestate succession upon the ancestor's death. [Cases: Descent and Distribution 2. To receive (property) as a bequest or devise. inheritable, adj. See HERITABLE. inheritable blood. See heritable blood under BLOOD. inheritable obligation. See heritable obligation under OBLIGATION. inheritable security. See heritable security under SECURITY. inheritance. (14c) L Property received from an ancestor under the laws of intestacy. [Cases: Descent and Distri bution 1, 8.] 2. Property that a person receives by bequest or devise. dual inheritance. An adopted child's intestate inheri tance through both his adopted family and his natural parent. _ The problem of dual inheritance occurs only if a relative of the birth parent adopts the child. For instance, if a child's mother dies and the maternal grandparents adopt the grandchild, and if a grand parent then dies intestate, the child qualifies for two separate shares -one as a child and the other as a grandchild. In some jurisdictions, by statute, such a child is allowed to inherit only the adopted child's share. Under the Uniform Probate Code, the child takes the larger of the two shares. [Cases: Adoption (;:::>21. 854 inheritance tax several inheritance. An inheritance that descends to two persons severally, as by moieties. shifting inheritance. Under intestacy laws, an inheri tance that is transferred from an heir who was living when the intestate died to an afterborn heir who is more closely related to the intestate. [Cases; Descent and Distribution universal inheritance. A system by which an intes tate's estate escheats to the state only if the decedent leaves no surviving relatives, no matter how distant. Universal inheritance has been almost universally abandoned in Anglo-American jurisdictions. See UNIVERSAl.-INHERITANCE RUl.E. inheritance tax. See TAX. inheritor (in-hair-i-tar), n. (ISc) A person who inherits; HEIR. inheritrix (in-hair-i-triks), n. Archaic. A female heir; HEIRESS. inhibition (in-hi-bish-an), n. 1. Eccles. law. A writ issued by a superior ecclesiastical court, forbidding a judge from proceeding in a pending case. 2. Eccles. law. An order issuing from an ecclesiastical court, prohibiting a member of the clergy from taking office or perform ing an unlawful action. 3. Hist. A writ of prohibition. 4. Scots law. An order issued by the Court ofSession to prohibit a debtor from encumbering or alienating the debtor's heritable property to the prejudice ofa creditor. See EX CAPITE INHlBITIONIS; (in senses 3 & 4) PROHI BITION (2). in hoc (in hok), adv. [Latin] In this; in respect to this. in hoc statu (in hok stay-t[yJoo). [Latin] Hist. In this position. inhonestus (in-h;;-nes-t;;s), adj. [Latin] Roman law. 1. (Of a person) of ill repute. 2. (Of conduct) morally shameful. in-house counsel. See COUNSEl.. inhuman treatment. Family law. Physical or mental cruelty so severe that it endangers life or health. Inhuman treatment is usu. grounds for divorce. See CRUEl.TY. [Cases: Divorce (;:=>27(1,3).] in hypothesi (in hi-pahth-<l-SI). [Latin] Hist. In a supposed case; in a hypothetical case. Cf. IN THESI. in iisdem terminis (in ee-Is-dem t;}r-m<l-nis), adv. [Law Latin] Hist. In the same terms. inimicitia capitalis (i-nim-;;-sish-ee-;; kap-i-tay-lis). [Latin] Hist. Deadly enmity. in individuo (in in-di-vid-yoo-oh), adv. [Law Latin] In the distinct, identical, or individual form. See IN SPECIE. in infinitum (in in-f<l-nH<lm). [Latin "in infinity"] To infinity. This phrase was in reference to a line ofsuc cession that is indefinite. in initialibus (in i-nish-ee-al-a-bas). [Law Latin] Hist. In the preliminary stage . The phrase appeared in refer ence to the point in the examination when the initialia testimonii took place to determine the witness's compe tence to testify. See INITIALIA TESTIMONII. in initio (in i-nish-ee-oh). [Latin "in the beginning"] At the beginning or outset. Cf. AB INITIO. in initio litis (in i-nish-ee-oh lI-tis). [Latin] Hist. In the beginning ofthe suit. Many defenses had to be raised at this stage ofa case. in integrum (in in-teg-rdm). [Latin] Hist. Entire; wholly undamaged. in invitum (in in-vI-tam). [Latin] Against an unwilling person <the nonparty appealed after being compelled to participate in the proceedings in invitum>. Cf. AB INVITO. in ipso termino (in ip-soh t;}r-mi-noh). [Latin] Hist. At the very end; on the last day, as of a prescriptive period. initial appearance. See APPEARANCE. initial cause. See proximate cause under CAUSE (1). initial determination. See DETERMINATION. initial disclosure. See DISCLOSURE (2). initialia testimonii (i-nish-ee-ay-Iee-a tes-ta-moh-nee-I). [Law Latin "initial parts of testimony"] Scots law. The preliminary examination ofa w.itness in order to deter mine the witness's competence to testify. Cf. IN INI TIAUBUS. initial margin requirement. See MARGIN REQUIRE MENT. initial protest

f. IN INI TIAUBUS. initial margin requirement. See MARGIN REQUIRE MENT. initial protest. See PROTEST (2). initial public offering. See OFFERING. initial surplus. See SURPLUS. initiation ofcharges. Military law. The first report to the proper military authority of an alleged commission of an offense by a person subject to the Uniform Code of Military Justice. Cf. PREFERRING OF CHARGES. [Cases; Military Justice C=:>9S0.] initiative (i-nish-d-tiv or i-nish-ee-;;-tiv). (1889) An electoral process by which a percentage of voters can propose legislation and compel a vote on it by the legislature or by the full electorate . Recognized in some state constitutions, the initiative is one of the few methods of direct democracy in an otherwise representative system. Cf. Pl.EBISCITE; REFERENDUM. [Cases; Municipal Corporations C=:> 108; Statutes 301-327.] in itinere (in I-tin-<lr-ee), adv. [Latin] Hist. On a journey; on the way . This term referred to the justices in eyre (justices in itinere) and to goods en route to a buyer. See EYRE; IN TRANSITU. initium possession is (i-nish-ee-;;m p;;-zes[hl-ee-oh-nis). [Latin "the beginning ofthe possession"] Hist.The right by which possession was first held. injoin, vb. Archaic. See ENJOIN. in judicio (in joo-dish-ee-oh), adv. & adj. [Latin] Before the judge . The phrase is still sometimes used. 855 in jure proprio Originally, in Roman law, in judicia referred to the second stage ofa Roman formulary trial, held before a private judge known as a judex. -Also termed apud judicem. See FORMULA (1). Cf. IN JURE (2). in judicio possessorio (in joo-dish-ee-oh pah-ses-sor-ee oh). [Law Latin] Hist. In a possessory action. injunction (in-j3ngk-sh.m), n. (16c) A court order commanding or preventing an action. -To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted. -Also termed writ ofinjunction. See IRREP ARABLE-INJURY RULE. [Cases: Injunction C;:::" 1.1 "In a general sense, every order of a court which commands or forbids is an injunction; but in its accepted legal sense, an injunction is ajudicial process or mandate operating in personam by which, upon certain established principles of equity, a party is required to do or refrain from doing a particular thing. An injunction has also been defined as a writ framed according to the circumstances of the case, commanding an act which the court regards as essential to justice, or restraining an act which it esteems contrary to equity and good conscience; as a remedial writ which courts issue for the purpose of enforcing their equity juris diction; and as a writ issuing by the order and under the seal of a court of equity." 1 Howard C. Joyce. A Treatise on the Law Relating to Injunctions 1, at 2-3 (1909). affirmative injunction. See mandatory injunction. antisuit injunction. An injunction prohibiting a litigant from instituting other, related litigation, usu. between the same parties on the same issues. [Cases: Injunction C:=>33.] ex parte injunction. (1854) A preliminary injunction issued after the court has heard from only the moving party. -Also termed temporary restraining order. final injunction. See permanent injunction. head-start injunction. Trade secrets. An injunction prohibiting the defendant from using a trade secret for a period of time equal to the time between the date of the secret's theft and the date when the secret became public. _ So named since that period is the "head start" the defendant unfairly gained over the rest of the industry. [Cases: Injunction C:=> 56, 138.33.] injunction pendente lite. See preliminary injunction. interlocutory injunction. See preliminary injunction. mandatory injunction. (1843) An injunction that orders an affirmative act or mandates a specified course of conduct. -Also termed affirmative injunc tion. Cf. prohibitory injunction. [Cases: Injunction 133.] permanent injunction. (1846) An injunction granted after a final hearing on the merits. _ Despite its name, a permanent injunction does not necessarily last forever. -Also termed perpetual injunction; final injunction. [Cases: Injunction perpetual injunction. See permanent injunction. preliminary injunction. (1828) A temporary injunction issued before or during trial to prevent an irreparable injury from occurring before the court has a chance to decide the case. - A preliminary injunction will be issued only after the defendant receives notice and an opportunity to be heard. Also termed interlocutory injunction; temporary injunction; provisional injunc tion; injunction pendente lite. Cf. ex parte injunction; TEMPORARY RESTRAINING ORDER. [Cases: Injunction C:=>132.] preventive injunction. (1882) An injunction designed to prevent a loss or injury in the future. Cf. repara tive injunction. prohibitory injunction. (1843) An injunction that forbids or restrains an act. -This is the most common type ofinjunction. Cf. mandatory injunction. provisional injunction. See preliminary injunction. quia-timet injunction (kWI -;, tI-m;,t or kwee-;, tim-etl. [Latin "because he fears") (1913) An injunction granted to prevent an action that has been threat ened but has not yet violated the plaintiff's rights. See QUIA TIMET. reparative injunction (ri-par-;;J-tiv). (1955) An injunc tion requiring the defendant to restore the plaintiff to the position that the plaintiff occupied before the defendant committed a wrong. Cf. preventive injunc tion. special injunction. Hist. An injunction in which the prohibition of an act is the only relief ultimately sought, as in prevention ofwaste or nuisance. temporary injunction. See preliminary injunction. injunction bond. See BOND (2). injunctive, adj. (I5c) That has the quality of directing or ordering; of or relating to an injunction. -Also termed injunctional. in jure (in joor-ee). [Latin "in law"] 1. According to the law. 2. Roman law. Before the praetor or other magis trate. _ In jure referred to the first stage of a Roman formulary trial, held before the praetor or other judicial magistrate for the purpose of establishing the legal issues and their competence. Evidence was taken in the second stage, which was held before a judex. See FORMULA (1). Cf. DI JUDICIO. in jure alterius (in joor-ee al-teer-ee-;,s), adv. [Latin] In another's right. in jure cessio (in joor-ee sesh-ee-oh). [Latin "a surrender in law"] Roman law. A fictitious trial held to transfer ownership of property; a collusive claim to formally convey property, esp. incorporeal property, by a court's aSSignment of ownership. _ At trial, the transferee appeared before a praetor and asserted ownership of the property. The actual owner also appeared, but did not contest the assertion, and so allowed the transfer of the property to the plaintiff. In jure cessio was most often used to convey incorporeal property. Also spelled in iure cessio. in jure proprio (in joor-ee proh-pree-oh), adv. [Latin] In one's own right. injuria 856 injuria (in-joor-ee-<J), n. [Latin) Roman law. 1. See i unexpectedly, and not according to the usual order WRONG. Cf. DAMNUM INJURIA DATUM; actio injuriarum under ACTIO. 2. An assault on a person's reputation or body. PI. injuriae (in-joor-ee-ee). "By injuria (or outrage), as the fourth ground of delict obligation, is meant some affronting wrong, calculated to wound the self-respect and touch the honor of the person injured, to humiliate or degrade him in the view of others." James Hadley, Introduction to Roman Law 243 (N.Y., D. Appleton & Co. 1881). "The term injuria [is best) used in its original and proper sense of wrong (in jus, contrary to law). The modern use of 'injury' as a synonym for damage is unfortunate but inveterate." R.F.V, Heuston, Salmond on the Law of Torts 13 nn,51-52 (17th ed, 1977), injuria absque damno (in-joor-ee-<J abs-kwee dam-noh). [Latin "injury without damage"] A legal wrong that will not sustain a lawsuit because no harm resulted from it. -Also termed injuria sine damno. Cf. DAMNUM SINE INJURIA. "Just as there are cases in which damage is not actionable as a tort (damnum sine injuria), so conversely there are cases in which behaviour is actionable as a tort, although it has been the cause of no damage at all (injuria sine damno). Torts are of two kinds -namely, those which are action able per se, and those which are actionable only on proof of actual damage resulting from them. Thus the act of trespassing upon another's land is actionable even though it has done the plaintiff not the slightest harm. Similarly, a libel is actionable per se, while slander (that is to say, oral as opposed to written defamation) is in most cases not actionable without proof of actual damage." R.F.V. Heuston, Salmond on the Law of Tons 14 (17th ed. 1977). injurious, adj. (lSc) Harmful; tending to injure. injurious exposure. Workers' compensation. Contact with a substance that would cause injury if the person were repeatedly exposed to it over time . An employer may be found liable for harm resulting from injurious exposure. [Cases: Workers' Compensation <:::==-201,517, 1074.] injurious falsehood. L See DISPARAGEMENT (3). 2. See TRADE DISPARAGEMENT. injurious words. Louisiana law. Slanderous or libelous language. See SLANDER; LIBEL (1), (2). injury, n. (14c) L The violation of another's legal right, for which the law provides a remedy; a wrong or injus tice. See WRONG. 2. Scots law. Anything said or done in breach ofa duty not to do it, ifharm results to another in person, character, or property . Injuries are divided into real injuries (such as wounding) and verbal injuries (such as slander). They may be criminal wrongs (as with assault) or civil wrongs (as with defamation). 3. Any harm or damage . Some authorities distinguish harm from injury, holding that while harm denotes any personal loss or detriment, injury involves an action able invasion ofa legally protected interest. See Restate ment (Second) ofTorts 7, cmt. a (1965). [Cases: Torts ~~117.) -injure, vb. injurious, adj. accidental injury. (1800) An injury resulting from external, violent, and unanticipated causes; esp., a bodily injury caused by some external force or agency operating contrary to a person's intentions, ofevents. [Cases: Insurance (::::>2590.] advertising injury. Harm resulting from (1) oral or written speech that slanders or libels a person, or dis parages a person's goods, products, or services; (2) oral or written speech that violates a person's right of privacy; (3) misappropriation of advertising ideas or style of doing business; or (4) infringement of copy right, esp. in a name or slogan. [Cases: Insurance (::::>' 2297.] bodily injury. (l6c) Physical damage to a person's body. -Also termed physical injury. See serious bodily injury. [Cases: Damages C='30, 32; Insurance <:::==-2276.) civil injury. (I7c) Physical harm or property damage caused by breach ofa contract or by a criminal offense redressable through a civil action. compensable injury (kdm-pen-sd-b<ll). Workers' com pensation. An injury caused by an accident arising from the employment and in the course ofthe employ ee's work, and for which the employee is statutorily entitled to receive compensation. [Cases: Workers' Compensation <:::==-Sll-770.) consequential injury. See consequential loss under LOSS. continual injury. An injury that recurs at repeated intervals. Also termed (but improperly) continu ous injury. continuing injury. (1824) An injury that is still in the process of being committed. An example is the constant smoke or noise of a factory. -Also termed continuing harm. (Cases: Damages (::::> 110.] direct injury. (l7c) 1. An injury resulting directly from violation of a legal right. 2. An injury resulting directly from a particular cause, without any inter vening causes. [Cases: Damages C~16.] great bodily injury. See serious bodily injury.

vening causes. [Cases: Damages C~16.] great bodily injury. See serious bodily injury. injury in fact. (1809) An actual or imminent invasion of a legally protected interest, in contrast to an invasion that is conjectural or hypothetical. An injury in fact gives the victim standing to bring an action for damages. lCases: Federal Civil Procedure <:::==-103.2.] irreparable injury (i-rep-<Jr<J-bdl). (17c) An injury that cannot be adequately measured or compensated by money and is therefore often considered remedi able by injunction. Also termed irreparable harm; nonpecuniary injury. See IRREPARABLE-INJURY RULE. [Cases: Injunction <:::==-14, 138.6.] ''The term 'irreparable injury,' however, is not to be taken in its strict literal sense. The rule does not require that the threatened injury should be one not physically capable of being repaired, If the threatened injury would be sub stantial and serious one not easily to be estimated, or repaired by money and if the loss or inconvenience to the plaintiff if the injunction should be refused (his title proving good) would be much greater than any which can be suffered by the defendant through the granting of the injunction, although his title ultimately prevails, the case is 857 one of such probable great or 'irreparable' damage as will justify a preliminary injunction." Elias Merwin, Principles of Equity and Equity Pleading 426-27 (H.C. Merwin ed., 1896). legal injury. (18c) Violation ofa legal right. malicious injury. (16c) 1. An injury resulting from a willful act committed with knowledge that it is likely to injure another or with reckless disregard of the consequences. 2. MALICIOUS MISCHIEF. nonpecuniary injury. See irreparable injury. pecuniary injury. An injury that can be adequately measured or compensated by money. permanent injury. (17c) 1. A completed wrong whose consequences cannot be remedied for an indefinite period. 2. Property. A lasting injury to land that causes it to revert to the grantor or vests immediate right of possession in a remainderman. Cf. tempo~ rary injury. personal injury. (l6c) Torts. 1. In a negligence action, any harm caused to a person, such as a broken bone, a cut, or a bruise; bodily injury. 2. Any invasion of a personal right, including mental suffering and false imprisonment. Also termed private injury. [Cases: Insurance ~'-:;)2306.] 3. For purposes of workers' compensation, any harm (including a worsened pre~ existing condition) that arises in the scope ofemploy ment. -Abbr. PI. [Cases: Workers' Compensation <:'::=>552-566,604-770.] physical injury. See bodily injury. private injury. See personal irljury (2). public injury. A loss or an injury stemming from a breach ofa duty or violation ofa right that affects the community as a whole. reparable injury (rep-ar-a-bal). (1832) An injury that can be adequately compensated by money. scheduled injury. A partially disabling injury for which a predetermined amount of compensation is allowed under a workers' ~compensation statute. [Cases: Workers' Compensation C~869-902.] serious bodily injury. (1843) Serious physical impair ment of the human body; esp., bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any body part or organ. Model Penal Code 210.0(3). Typically, the fact-finder must decide in any given case whether the injury meets this general standard. Generally, an injury meets this standard if it creates a substantial risk of fatal consequences or, when inflicted, con stitutes mayhem. Cf. MAYHEM (1). -Also termed serious bodily harm; grievous bodily harm; great bodily injury. [Cases: Homicide Assault and Battery <:'::=>55.] temporary injury. An injury that may be abated or discontinued at any time by either the injured party or the wrongdoer. Cf. permanent injury. [Cases: Damages <:.::=> 109.] inlaw willful and malicious injury. Bankruptcy. Under the statutory exception to discharge, damage to another entity (such as a creditor) caused by a debtor inten tionally performing a wrongful act -without just cause or excuse that the debtor knew was certain or substantially certain to cause injury. 11 USCA 523(a)(6). [Cases: BankruptcyG-~3374.] injury-in-fact trigger. See ACTUAL-INTURY TRIGGER. injustice. (15c) l. An unjust state of affairs; unfairness. 2. An unjust act. in jus vocare (in jas voh-kair~ee), vb. [Latin] Roman law. To summon a defendant to court. in kind, adv. (17c) 1. In goods or services rather than money <payment in cash or in kind>. 2. In a similar way; with an equivalent of what has been offered or received <returned the favor in kind>. -in-kind, adj. <in-kind repayment>. INL. abbr. BUREAU OF I:NTERNATIONAL NARCOTICS AND LAW ENFORCEMENT. inlagare (in~la-gair-ee), vb. [Law Latin] Hist. To restore (an outlaw) to the protection of the law. Cf. UTLAGARE. inlagation (in-la-gay-shall), n. [Law Latin] Hist. The act of restoring an outlaw to the protection of the law; inlawry. Cf. UTLAGATION. inlagh (in-law). Hist. A person within the protection of the law, in contrast to an outlaw. Cf, UTLAGH. inland. (15c) 1. The interior part ofa country or region, away from the coast or border. 2. Hist. The portion of a feudal estate lying closest to the lord's manor and dedicated to the support of the lord's family. -Also termed (in sense 2) inlantal. Cf. UTLAND. inland bill ofexchange. See domestic bill (2) under BILL (6). inland draft. See DRAFT. inland marine insurance. See INSURANCE. inland revenue. See I:NTERNAL REVENUE. inland trade. See TRADE. inland waters. See INTERNAL WATERS. inlantal (in-Ian-tal). Hist. See INLAND (2). -Also spelled inlantale. in law. (15c) Existing in law or by force oflaw; in the contemplation ofthe law. Cf. IN FACT. in-law, n. (1894) A relative by marriage. inlaw, vb. Archaic. To place (an offender) under the pro tection of the law. Cf. OUTLAW (1). 'The outlaw's life is insecure .... If the king inlaws him, he comes back into the world like a new-born babe, quasi modo genius, capable indeed of acquiring new rights, but unable to assert any of those that he had before his outlawry. An annihilation of the outlawry would have a different operation, but the inlawed outlaw is not the old person restored to legal life; he is a new person." 1 Freder ick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward 1477 (2d ed. 1898), inlawry 858 inlawry. The restoration of an outlawed person's rights and protections under the law. See INLAGATION. in lecto aegritudinis (in lek-toh ee-gri-t[y]oo-di-nis). [Law Latin] Scots law. On a bed of sickness. -1he phrase appeared in reference either to the deathbed or to periods of illness that excused a person from fulfill ing an obligation. See LIEGE POUSTI. in lecto mortali (in lek-toh mor-tay-lr), adv. &adj. [Latin] On the deathbed. in legal custody. See IN CUSTODIA LEGIS. in liberam baroniam (in Iib-;)f-;)m bd-roh-nee-;)m). [Law Latin] Hist. Into a free barony. "In former times, many persons holding certain feudal rights from the Crown were called barons, but in the strict legal sense, the title was only due to him whose lands had been erected or confirmed by the king in liberam baroniam. The advantages conferred by the right of barony were considerable. Such a right conferred on the baron both civil and criminal jurisdiction within his barony; and under the clause of union contained in his charter, he was enabled to take infeftment in the whole lands and rights of the barony in, what was at that time, an easy and inex, pensive mode." John Trayner, Trayner's Latin Maxims 264 (4th ed. 1894). in liberam elemosinam (in lib-dr-;)m el-d-md-SI-n;)m). [Latin "in free alms"] Hist. Land given away for a chari table purpose; land given away to be held in frankal moin. -Also spelled in liberam eleemosinam. Also termed in libera elemosina. See FRANKALMOIN. in liberam regalitatem (in lib-;)r-;)m ri-gal-;)-tay-t;)m). [Law Latin] Hist. Into a free regality. -The phrase appeared in reference to feudal land grants that were made by the Crown and that gave the grantees jurisdic tion over criminal and civil matters in their territory equivalent to that ofthe Crown. in libero sochagio (in lib-;)r-oh s;)-kay-jee-oh), adv. [Law Latin] In free socage. See SOCAGE. in lieu of. (Be) Instead ofor in place of; in exchange or return for <the creditor took a note in lieu ofcash> <the defendant was released in lieu of$5,000 bond>. in lieu tax. See TAX. in limine (in lim-a-nee), adv. [Latin "at the outset"] (lSc) Preliminarily; presented to only the judge, before or during trial <a question to be decided in limine>. See MOTION IN LIMINE. [Cases: Criminal Law (:=:>632(4); Federal Civil Procedure (>927.5; Pretrial Procedure in-limine, adj. (Of a motion or order) raised prelimi narily, esp. because of an issue about the admissibility of evidence believed by the movant to be prejudicial <in-limine motion>. in linea recta {in lin-ee-;) rek-ta), [Latin] Hist. In the direct line (of succession). in litem (in h-tem or -tam), adv. [Latin] For a suit; to the suit. See AD LITEM. in loco (in loh-koh). [Latin] In the place of. in loco parentis (in loh-koh pa-ren-tis), adv. &adj. [Latin "in the place of a parent"] (1818) Of, relating to, or acting as a temporary guardian or caretaker of a child, taking on all or some ofthe responsibilities ofa parent. -The Supreme Court has recognized that during the school day, a teacher or administrator may act in loco parentis. See Vernonia Sch. Dist. v. Acton, 515 U.S. 646, 115 S.Ct. 2386 (1995). See PERSON IN LOCO PARENTIS. [Cases: Child Custody Child Support G= 31; Parent and Child (:=:> 15.] in loco parentis, n. Supervision of a young adult by an administrative body such as a university. [Cases: Schools (:=:> 169.] in lucro captando (in loo-kroh kap-tan-doh). [Latin] Hist. In endeavoring to gain an advantage. in majorem cautelam (in md-jor-;)m kaw-tee-I;)m), adv. [Latin] Hist. For a greater security. in majorem evidentiam (in m;)-jor-;)m ev-;)-den shee-am). [Law Latin] Hist. For more certain proof; for more sure evidence. in mala fide (in mal-;) fI-dee). [Latin] Hist. In bad faith. "A possessor in mala fide is one who holds possession of a subject, in the know/edge that it is not his own, on a title which he knows, or has reasonable ground for believing to be a bad one." John Trayner, Trayner's Latin Maxims 266 (4th ed. 1894). in mancipio (in man-sip-ee-oh), adj. [Latin] Roman law. In a state ofcivil bondage . This status applied to a son whose father was sued in a noxal action and settled the claim by handing over his son. See NOXAL ACTION (I). in manu mortua. See IN MORTUA MANU. in-marriage. See MARRIAGE (1). inmate. (16c) 1. A person confined in a prison, hospital, or similar institution. [Cases: Prisons 110.] 2. Archaic. A person living inside a place; one who lives with others in a dwelling. in medias res (in mee-dee-;)s reez or in me-dee-ahs rays), adv. [Latin1Into the middle of things; without preface or introduction. in medio (in mee-dee-oh). [Law Latin] Scots law. In the middle; intermediate

introduction. in medio (in mee-dee-oh). [Law Latin] Scots law. In the middle; intermediate . The phrase appeared in refer ence to a fund in controversy. in meditatione fugae (in med-i-tay-shee-oh-nee fry] oo-jee). [Law Latin] Scots law. Meditating flight; con templating leaving the country. Formerly, a debtor could be detained under a fugae warrant if the debtor had sufficient debt to warrant imprisonment, and ifthe debtor was attempting to leave the country. This type of warrant became obsolete when imprisonment for debt was abolished. in mercy, adv. (l7c) At a judge's discretion concern ing punishment. _ A judgment formerly noted (using the Law Latin phrase in misericordia) which litigant lost by stating that the unsuccessful party was in the court's mercy. A plaintiffheld in mercy for a false claim, for example, was said to be in misericordia pro falso clamore suo. 859 in misericordia (in miz-a-ri-kor-dee-d). [Law LatinJ See IN MERCY. in mitiori sensu (in mish-ee-or-I sens-[y]oo), adv. [Law Latin] In a milder or more favorable sense . This phrase appeared as part of the former rule applied in slander actions. A word capable oftwo meanings would be given the one more favorable to the defendant. Cf. INNOCENT-CONSTRUCTION RULE. [Cases; Libel and Slander C:::> 19.J 'Within half a century of its first appearance, the action for words had become part of the everyday bUSiness of the common-law courts, in particular the King's Bench. In the early days there were often more slander cases in the rolls than assumpsit . ... Thejudges apparently came to regret this aspect of their increased jurisdiction, especially since juries frequently awarded sums of money quite dispropor tionate to the harm and to the ability of the wrongdoer to pay .... [Tlhe principal effect of the judicial reaction was that a spirit of repression began to manifest itself .... The ... most effective attack was launched in the 15705, when the courts began the policy of construing ambiguous or doubtful words in the milder sense (in mitiori sensu) so that they would not be actionable." J.H. Baker, An Introduc tion to English Legal History 500-01 (3d ed. 1990). in modum adminiculi (in moh-dam ad-mi-nik-y;:!-lI). [Law Latin] Hist. As corroborating evidence. in modum assisae (in moh-ddm d-sl-zee), adv. [Law Latin] In the manner or form ofan assize. See ASSIZE. in modumjuratae (in moh-ddm juu-ray-tee), adv. [Law Latin] In the manner or form ofa jury. in modum poenae (in moh-ddm pee-nee). [Latin] Hist. By way ofpenalty. The phrase appeared in reference to the basis for charging interest. in modum probationis (in moh-ddm proh-bay-shee-oh nis). [Latin] Hist. In the form of proof. _1he phrase appeared in reference to documents that a party provided to support a claim. in modum simplicis querelae (in moh-ddm sim-pl<l-sis kW<l-ree-Iee). [Law Latin] Hist. By way of summary complaint. in mora (in mor-d), adv. & adj. (Latin] Roman law. In delay; in default. _ This was said of a debtor who delayed performance or failed to perform. in mortua manu (in mor-choo-a man-yoo), adj. & adv. [Law Latin "in a dead hand"] Hist. (Of property) per petually controlled according to a decedent's directions. Land held by a religious society was described this way because the church could hold property perpetu ally without rendering feudal service. Also termed in manu mortua. See DEADHAND CONTROL; MORTMAIN. in mundo (in man-doh or muun-doh). [Law Latin "in the world"] Hist. In a clean, fair copy. "Papers written 'in mundo: are what are usually termed extended, or dean copies." John Trayner, Trayner's Latin Maxims 268 (4th ed. 1894). innavigable (in-nav-i-g<l-bdl), adj. 1. (Of a body ofwater) not capable of, or unsuitable for, navigation. [Cases; Navigable Waters L] 2. Marine insurance. (Of a vessel) unfit for service. -Also termed unnavigable. innocence inner bar. English law. The group of senior barristers, called the Queen's Counselor King's Counsel, who are admitted to plead within the bar of the court. Cf. OUTER BAR. inner barrister. See BARRISTER. inner cabinet. See CABINET. inner-city post-traumatk-stress defense. See URBAN SURVIVAL SYNDROME. Inner House. Scots law. The appellate jurisdiction ofthe Court of Session. See COURT OF SESSION (1). inning. (pl.) Land reclaimed from the sea. innkeeper. (I5c) A person who, for compensation. keeps open a public house for the lodging and entertainment oftravelers. A keeper ofa boarding house is usu. not considered an innkeeper. -Also termed hotelkeeper. [Cases; Innkeepers (;::)3.] ''The innkeeper is the person who on his own account carries on the business of an inn. In other words, he is the proprietor of the establishment. The person actually employed as manager, though he has the whole direction of the enterprise, is not an innkeeper if he is acting on behalf of someone else. Thus the salaried manager of a hotel owned or operated by a corporation is not held responsible as an innkeeper; the corporation is the inn keeper." John H. Sherry, The Laws of Innkeepers 2.6, at 15 (rev. ed. 1981). innkeeper's lien. See hotelkeeper's lien under LIEN. innocence, n. (I4c) The absence ofguilt; esp., freedom from guilt for a particular offense. Cf. GUILT. actual innocence. (1839) Criminal law. The absence of facts that are prerequisites for the sentence given to a defendant. In death-penalty cases, actual inno cence is an exception to the cause-and-prejudice rule, and can result in a successful challenge to the death sentence on the basis of a defense that was not pre sented to the trial court. The prisoner must show by clear and convincing evidence that, but for constitu tional error in the trial court, no reasonable judge or juror would find the defendant eligible for the death penalty. See Sawyer v. Whitley, 505 U.S. 333, 112 S.Ct. 2514 (1992). Cf. CAUSE-AND-PREJUDICE RULE. [Cases; Habeas Corpus (;:::>401, 462.J legal innocence. (1813) Criminal law. The absence of one or more procedural or legal bases to support the sentence given to a defendant. -In the context of a petition for writ of habeas corpus or other attack on the sentence, legal innocence is often contrasted with actual innocence. Actual innocence, which focuses on the facts underlying the sentence, can sometimes be used to obtain relief from the death penalty based on trial-court errors that were not objected to at trial, even ifthe petitioner cannot meet the elements ofthe cause-and-prejudice rule. But legal innocence, which focuses on the applicable law and procedure, is not as readily available. Inadvertence or a poor trial strategy resulting in the defendant's failure to assert an estab lished legal principle will not ordinarily be sufficient to satisfy the cause-and-prejudice rule or to establish the right to an exception from that rule. See CAUSE innocent 860 AND-PREJUDICE RULE. [Cases: Habeas Corpus 401.] innocent, adj. (14c) Free from guilt; free from legal fault. See NOT GUfLTY (2). innocent agent. See AGENT (2). innocent-constrnction rule. The doctrine that an allegedly libelous statement will be given an innocu ous interpretation ifthe statement is either ambiguous or harmless. Cf. IN MITIORI SENSU. [Cases: Libel and Slander innocent conversion. See technical conversion under CONVERSION (2). innocent converter. See CONVERTER. innocent conveyance. See CONVEYANCE. innocent homicide. See HOMICIDE. innocent infringement. See INFRINGEMENT. innocent junior user. See JUNIOR USER. innocent misrepresentation. See MISREPRESENTA TION. innocent-owner defense. See DEFENSE (1). innocent party. See PARTY (2). innocent passage. Int' llaw. The right ofa foreign ship to pass through a country's territorial waters; the right of a foreign vessel to travel through a country's maritime belt without paying a toll. -The right of innocent passage is guaranteed in Article 17 of the United Nations Convention on the Law of the Sea. Passage is considered innocent as long as it is not prejudicial to the peace, good order, and security of the coastal country. -Also termed right ofinnocent passage. Cf. TRANSIT PASSAGE. [Cases: International Law (::::>5.] 'The term 'innocent passage' accurately denotes the nature of the right as well as its limitations. In the first place it is a right of 'passage,' that is to say, a right to use the waters as a thoroughfare between two points outside them; a ship proceeding through the maritime belt to a port of the coastal state would not be exercising a right of passage. In the second place the passage must be 'innocent'; a ship exercising the right must respect the local regulations as to navigation, pilotage, and the like, and, of course, it must not do any act which might disturb the tranquillity of the coastal state." J.L. Brierly, The Law ofNations 188-89 (5th ed. 1955). innocent purchaser. See bona fide purchaser under PUR CHASER (1). innocent purchaser for value. See bona fide purchaser under PURCHASER (1). innocent spouse. See SPOUSE. innocent trespass. See TRESPASS. innocent trespasser. See TRESPASSER. innocuae utilitatis (i-nok-yoo-[w]ee yoo-til-a-tay-tis). [Latin "useful without harming"] Hist. An act that is beneficial to one person and harmful to no one. Inn of Chancery. Hist. Any of nine collegiate houses where students studied either to gain entry into an Inn ofCourt or to learn how to frame writs in order to serve in the chancery courts. -Over time, the Inns Clem ent's, Clifford'~, Lyon's, Furnival's, Thavies', Symond's, Barnard's, Staples', and the New Inn -became little more than dining dubs, and never exercised control over their members as the Inns of Court did. The Inns ofChancery were all dissolved in the 19th century. Cf. INN OF COURT. Inn of Court. 1. Any of four autonomous institutions, one or more of which English barristers must join to receive their training and of which they remain members for life: The Honourable Societies ofLincoln's Inn, the Middle Temple, the Inner Temple, and Gray's Inn. -These powerful bodies examine candidates for the Bar, "call" them to the Bar, and award the degree of barrister. "It is impossible to fix with certainty the period when the professors and students of the common law first began to associate themselves together as a society, and form them selves into collegiate order; or to assign an exact date to the foundation of the Inns of Court, the original institution of which nowhere precisely appears. .. After the fixing of the Court of Common Pleas by Magna Charta, the practitio ners of the municipal law took up their residence in houses between the king's courts at Westminster and the city of London -forming then one community; and before the end of the reign of Edward II, they appear to have divided themselves into separate inns or colleges, at Temple Bar, Lincoln's Inn, and Gray's Inn." Robert H. Pearce, A Guide to the Inns ofCourt and Chancery 1-2 (1855). 2. (pl.) In the United States, an organization (formally named the American Inns ofCourt Foundation) with more than 100 local chapters, whose members include judges, practicing attorneys, law professors, and law students. -Through monthly meetings, the chapters emphasize practice skills, professionalism, and ethics, and provide mentors to train students and young lawyers in the finer pOints of good legal practice. innominate (i-nom-d-nat), adj. (17c) Civil law. Unclassi fied; having no special name or designation. See innom inate contract under CO:-<!TRACT. innominate action. See ACTION (4). innominate contract. See CONTRACT. innominate obligations. (1949) Obligations having no classification or name because they are not strictly contractual, delictual, or quaSi-contractual. An example is the obligation of a trustee to a benefi ciary. -Also termed obligationes innominati. innominate real contract. See innominate contract under CONTRACT. in nomine Dei, Amen (in nahm-a-nee dee-I, ay-men). [Latin] Hist. In the name ofGod, Amen. -This phrase formerly appeared at

, ay-men). [Latin] Hist. In the name ofGod, Amen. -This phrase formerly appeared at the beginning ofa will or other instrument. innotescimus (in-oh-tes-a-mas). [Law Latin "we make known"] Hist. A certification, in the form ofletters patent, ofa charter of feoffment or other instrument not filed of record. -This term derives from the word ofemphasis appearing at the end ofthe document. Cf. EXEMPLIFICATION. innovata lite dependente (in-oh-vay-ta II-tee dee-pen den-tee). [Law Latin] Hist. Innovations during the pendency of a suit. -lhe phrase appeared in reference to the interference with something that is the subject of a lawsuit. See PENDENTE LITE. innovation. Scots law. See "OVATION. innoxiare (i-nok-shee-air-ee), vb. [Law Latin] Hist. To purge (a person) offault. in nubibus (in n[yJoo-bi-bas), adv. & adj. [Law Latin] In the clouds. _ An expression for something that is under the protection of the law. in nudis finibus contractus (in n[y]oo-dis fin-a-bas bn-trak-tas). [Law Latin] Hist. In the bare terms of a contract. in nudis terminis (in n[y]oo-dis tilr-ma-nis). [Law Latin "with bare limits"] Hist. In its bare terms. -The phrase appeared in reference to the simple terms of an instru ment. See NUDUM PACTUM. innuendo (in-yoo-en-doh). [Latin "by hinting") (17c) 1. An oblique remark or indirect suggestion, usu. of a derogatory nature. 2. An explanatory word or passage inserted parenthetically into a legal document. -In criminal law, an innuendo is a statement in an indict ment showing the application or meaning of matter previously expressed, the meaning of which would not otherwise be clear. In the law of defamation, an innuendo is the plaintiff's explanation of a state ment's defamatory meaning when that meaning is not apparent from the statement's face. For example, the innuendo of the statement "David burned down his house" can be shown by pleading that the statement was understood to mean that David was defrauding his insurance company (the fact that he had insured his house is pleaded and proved by inducement). Cf. INDUCEMENT (4); COLLOQUIUM. [Cases: Libel and Slander (::::>86.] "Innuendo (from innl/o, to nod or beckon with the head) is a word used in declarations and law pleadings, to ascertain a person or thing which was named before .... If a man say, that such a one had the pox, innuendo the French pox, this will not be admitted, because the French pox was not mentioned before, and the words shall be construed in a more favourable sense. But, if in discourse of the French pox, one say, that such a one had the pox, innuendo the French pox, this will be admitted to render that certain which was uncertain before." 2 Richard Burn, A New Law Dictionary 24 (l792). "It is not a true innuendo to repeat the obvious meaning of defamatory words in other language, or in an embroidered or exaggerated way. Otherwise an ingenious pleader could perplex the judge and jury and harry the defendant by ringing the changes on the same words, creating numerous different causes of action, each requiring a separate verdict. A true innuendo relies on a conjunction of the words used and some extrinsic fact. Thus it is defamatory in itself to say that a man's affairs are being investigated by the Fraud Squad: but the statement does not support the innuendo that those affairs are being carried on fraudu lently. Conversely, the statement 'X is a good advertiser' is innocent in itself, but carries a libellous innuendo if pub lished to persons who know the extrinsic fact that X is an eminent member of the Bar." R.F.v. Heuston, Salmond on the Lawo(Torts 149 (17th ed. 1977). [The example about lawyers' advertising no longer has relevance to American law. Eds.] in nullius bonis (in na-h-as boh-nis). See NULLIUS IN BONIS. in nullo est erratum (in nal-oh est i-ray-tam), adj. [Law Latin "in nothing is there error"] Hist. Of or relating to a demurrer that denies any error and at once refers a question oflaw to the court. in obligatione (in ob-li-gay-shee-oh-nee). [Latin] Hist. Under an obligation. in odium (in oh-dee-<lm). [Latin] Hist. In detestation. -For example, a gift made to a woman who was later divorced for committing adultery was revoked in odium ofher guilt. in odium corrumpentis (in oh-dee-am kor-am-pen-tis). [Latin] Hist. In detestation ofthe person corrupting. inofficiosus (in-a-fish-ee-oh-sas), adj. [Latin "inof ficious"] Roman law. Contrary to a natural duty of affection, used esp. of a will that unjustly disinherits a child or close relative. See QUERELA INOFFICIOSI TES TAMENT!. inofficious testament. See TESTAMENT. inofficious will. See inoffiCiOUS testament under TESTA MENT. in omnibus (in ahm-ni-bas). [Latinl In all things; on all points <a case parallel in omnibus>. inoperable mode. Patents. In a patent application, a disclosed way of working an invention that is not the best mode. -'The term usu. designates a mode that is intended to misrepresent or deliberately conceal the best mode. That misrepresentation or concealment is inequitable conduct that will bar patentability or render an issued patent unenforceable. [Cases: Patents (;:::;>98.] inoperative, adj. (17c) 1. Having no force or effect; not operative <an inoperative statute>. 2. Patents. (Of an invention), the condition ofnot being capable of func tioning as described in the patent application. "An invention is inoperative if an exemplification, built exactly as described in the patent, won't operate, or if further experiment and invention are required to make it operate." Roger Sherman Hoar, Patent Tactics and the Law 37 (3d ed. 1950). inops consilii (in-ahps bn-sil-ee-I), adj. [Latin) Des titute of counsel; without legal counsel. _ This term described actions taken without benefit oflegal advice, as when a testator drafts a will without the help of an attorney. 'Hlhat in devises by last will and testament, (which, being often drawn up when the party is inops consilii, and are always more favoured in construction than formal deeds, which are presumed to be made with great caution, fore thought, and advice) in these devises, I say, remainders may be created in some measure contrary to the rules before laid down ...." 2 William Blackstone. Commentar ies on the Laws of England 172 (1766). in order. 1. Ready for business <the meeting is in order>. 2. Available and appropriate for consideration under 862 inordinatus the applicable rules <the motion is in order>. Cf. OUT OF ORDER (1). inordinatus (in-or-d,,-nay-t<Js), n. [Latin "disorderly; unordained"] Hist. See INTESTATE. in pacato solo (in p,,-kay-toh soh-Ioh), adv. [Latin] In a country that is at peace. in pace Dei et regis (in pay-see dee-I et ree-jis), adv. [Law Latin] Hist. In the peace of God and the king . This phrase was used in an appeal from a murder convic tion. in pais (in payor pays). [Law French "in the country") Outside court or legal proceedings. See equitable estoppel (1) under ESTOPPEL. in paper. Hist. Ofa proceeding that is within the juris diction of the trial court; that is, before the record is prepared for an appeal. "Formerly, the suitors were much perplexed by writs of error brought upon very slight and trivial grounds, as mis spellings and other mistakes of the derks, all which might be amended at the common law, while all the proceedings were in paper, for they were then considered in fieri, and therefore subject to the control of the courts." 3 William Blackstone, Commentaries on the Laws of England 407 (1768). in pari causa (in par-I kaw-zJ), adv. [Latin "in an equal case"] In a case affecting two parties equally or in which they have equal rights <in pari causa, the possessor ordinarily defeats the nonpossessory claimant>. in pari delicto (in par-I dJ-lik-toh), adv. [Latin "in equal fault"] Equally at fault <the court denied relief because both parties stood in pari delicto>. [Cases: Action (;=: 4; Equity (;=:65.] in pari delicto doctrine, n. [Latin] (1917) The principle that a plaintiff who has participated in wrongdoing may not recover damages resulting from the wrong doing. [Cases: Action (;=:4; Contracts (;=: 139; Equity (;=:65.] in pari materia (in par-I m,,-teer-ee-d). [Latin "in the same matter"] 1. adj. On the same subject; relating to the same matter . It is a canon of construction that statutes that are in pari materia may be construed together, so that inconsistencies in one statute may be resolved by looking at another statute on the same subject. [Cases: Statutes C:::)223.2(1)-223.2(35).] "[Ilt seems that the present position is that, when an earlier statute is in pari materia with a later one, it is simply part of its context to be considered by the judge in deciding whether the meaning of a provision in the later statute is plain." Rupert Cross, Statutory Interpretation 128 (1976). 2. adv. Loosely, in conjunction with <the Maryland constitutional provision is construed in pari materia with the Fourth Amendment>. in patiendo (in pash-ee-en-doh), adv. & adj. [fro Latin patior "suffer"] In suffering or permitting. in patria potestate (in pay-tree-" [or pa-tree-J] poh-tes tay-tee). [Latin) Roman law. (Ofa person) in the power of the father or a senior male ascendant; subject to patria potestas . Uncles and brothers never had power over nephews or younger brothers. See patria potestas under POTESTAS; SUB POTESTATE. Cf. SUI JURIS. in patrimonio principis (in pa-tr<J-moh-nee-oh prin-si pis). [Latin] See INTER REGALIA. in pectore judicis (in pek-td-ree joo-di-sis), adv. & adj. [Latin) In the breast of the court. See BREAST OF THE COURT. in pejorem partem (in pJ-jor-Jm pahr-tdm), adv. [Law Latin] In the worst part; on the worst side. in pendente (in pen-den-tee). [Latin] Hist. In suspen sion; in abeyance. inpenny and outpenny. Hist. A customary payment ofa penny on entering into and going out of a tenancy. in periculo constitutus (in p,,-rik-Y;:l-loh kon-sti-t[y] OO-tJ8). [Latin] Hist. Standing in danger. in perpetuam commendam (in pdr-pech-oo-dm kJ-men d;:lm). [Law Latin] Hist. In perpetual trust. Something given in perpetuam commendam was equivalent to a gift. in perpetuam rei memoriam (in pJr-pech-oo-Jm [or pJr-pe-tyoo-Jm) ree-I mJ-mor-ee-Jm), adv. [Latin] In perpetual memory ofa matter . This phrase refers to a deposition taken to preserve the deponent's testimony. [Cases: Federal Civil Procedure (;=: 1291; Pretrial Pro cedure (;::=>61.] in perpetuity (in pdr-p,,-t[yjoo-J-tee). (14c) Forever. See PERPETUITY. in perpetuum (in pJr-pech-oo-"m or p"r-pe-tyoo-Jm), adv. [Latin] Forever; perpetually. Sometimes spelled imperpetuum. in perpetuum rei testimonium (in pJr-pech-oo-dm [or p"r-pe-tyoo-dm] ree-I tes-ti-moh-nee-Jm), adv. [Law Latin] In perpetual testimony ofa matter . This phrase refers to a statute that confirms existing common law. "Statutes also are either declaratory of the common law, or remedial of some defects therein. Declaratory, where the old custom of the kingdom is almost fallen into disuse, or become disputable; in which case the parliament has thought proper, in perpetuum rei testimonium, and for avoiding all doubts and difficulties, to declare what the common law is and ever hath been." I William Blackstone, Commentaries on the Laws of England 86 (1765). in personam (in p"r-soh-nJm), ad). [Latin "against a person"] (1Sc) 1. Involving or determining the personal rights and obligations of the parties. 2, (Of a legal action) brought against a person rather

determining the personal rights and obligations of the parties. 2, (Of a legal action) brought against a person rather than property. Also termed personal. See action in personam under ACTION (4). Cf. IN REM. [Cases: Courts (;::::10.] in personam, adv. "An action is said to be in personam when its object is to determine the rights and interests of the parties them selves in the subject-matter of the action, however the action may arise, and the effect of a judgment in such an action is merely to bind the parties to it. A normal action brought by one person against another for breach of contract is a common example of an action in personam." R.H. Graveson, Conflict ofLaws 98 (7th ed. 1974). in personam jndgment. See personal judgment under JUDGMENT. 863 inquest in personam jurisdiction. See personal jurisdiction under JURISDICTION. in pessimafide (in pes-J-mJ fI-dee). [Latin] Hist. In the worst faith; dishonestly. in petitorio (in pet-J-tor-ee-oh). [Latin] Hist. In a petitory action. in pios usus (in phIS yoo-SJS), adv. [Law Latin] Rist. For pious uses; for religious purposes. -This phrase referred to property used by, or claimed by, the church, such as the property ofan intestate who had no known heirs. in placito (in plas-J-toh). [Law Latin] Hist. In a suit. in plena vita (in plee-nJ VI-tJ), Cldv. & ad). [Law Latin] In full life . in pleno comitatu (in plee-noh kahm-i-tay-t[y]oo), adv. & adj. [Law Latin] In full county court. in pleno [umine (in plee-noh loo-mJ-nee), adv. & adj. [Law Latin] In the light ofday; in common knowledge; in public. in poenam (in pee-nJm). [Latin] Hist. As a penalty; as a punishment. in point. See ON POINT. in posse (in pos-ee). [Latin] Not currently existing, but readv to come into existence under certain conditions in the future; potential <the will contemplated both living children and children in posse>. Cf. IN ESSE. in possessorio (in pah-ses-sor-ee-oh). [Law Latin] Hist. In a possessory suit. in potestate parentis (in poh-tes-tay-tee pJ-ren-tis), adv. & adj. [Latin] Hist. In the power ofa parent. See PATRIA POTESTAS. in potestate patris (in poh-tes-tay-tee pay-tris arpa-tris). [Latin] Roman law. Under the power of the father. The phrase appeared in reference to the position of a child in power. See patria potestas under POTESTAS; SUB POTESTATE. Cf. SUI JURIS. in po testate viri (in poh-tes-tay-tee veer-I). [tatinj Hist. Under the power of the husband. -Formerly, this phrase appeared in reference to the position ofa wife in legal matters because the husband was the guardian ofthe wife. in praemissorumfidem (in pree-mJ-sor-Jm [orprem-a-] fI-dJm), adv. & adj. [Law Latin] Rist. In confirmation or attestation of the premises. _ This phrase commonly appeared in notarized documents. in praesenti (in pri-zen-tI or pree-). [Latin] At present; right now. Cf. IN FUTURO. in praesentia dominorum (in pri-zen-shee-a dom-J nor-Jm). [Latin] Hist. In presence of the lords. -The phrase was added to the presiding judge's signature to indicate that the remaining judges did not have to sign the document because the presiding judge had signed the writing in their presence. -Abbr. IPD. in prender (in pren-dar), adj. [Law French "in taking"] Hist. (Ofa right) consisting in property taken to fulfill a claim to it, such as an incorporeal hereditament (as a heriot custom) that a lord had to seize in order to exercise the right to it. Ct~ IN RENDER. in-presence rule. 1he prinCiple that a police officer may make a warrantless arrest of a person who commits a misdemeanor offense not only in the officer's actual presence but also within the officer's immediate vicinity. "The common law rule with respect to misdemeanors was quite different; a warrant was required except when a breach of the peace occurred in the presence of the arrest ing officer. ... Though the 'in presence' rule might be construed as requiring that the misdemeanor in fact have occurred in the officer's presence, the modern view is that the officer may arrest if he has probable cause to believe the offense is being committed in his presence." Wayne R. LaFave & Jerold H. Israel, Criminal Procedure 3.5, at 169-70 (2d ed. 1992). in primis (in prI-mis). See IMPRIMIS. in principio (in prin-sip-ee-oh), adv. [Latin] At the beginning. in privato patrimonio (in prr-vay-toh pa-trJ-moh nee-oh). [Latin] Hist. Among private property. in promptu (in promp-t[y]oo), adv. & adj. [Latin "at hand"] Archaic. Impromptu. in propria persona (in proh-pree-J par-soh-n~). [Latin "in one's own person"] See PRO SE. in proximo gradu (in prok-sJ-moh gray-d[y]oo). [Latin] Roman law. In the nearest degree . 1he phrase appeared in reference to a child's relationship to the father or to a grandchild's relation to a grandfather if the grandchild represented his or her deceased father. See PER STIRPES. in publica custodia (in p<lb-li-kJ kJs-toh-dee-J). [Latin] Hist. In the public custody. -The phrase appeared in reference to public records. in publicam vindictam (in p<lh-li-kJm vin-dik-t~m). [Latin] Hist. For vindicating public right. in puram eleemosynam (in pyoor-Jm el-J-mos-a-n;)m). [Law Latin] Hist. In pure charity. -Gifts were some times made to churches in puram eleemosynam, requir ing nothing but prayers for the grantor in return. in quantum locupletiores facti sumus ex damno alterius (in kwon-tJm lok-yoo-plee-shee-or-eez fak-tI sly] oo-mJS eks dam-noh al-teer-ee-as). [Latin] Roman law. Insofar as we have been enriched to the loss or by the damage ofanother. _lhe phrase appeared in refer ence to the rule by which certain persons were bound in restitution to the extent of their enrichment. See NEGOTIORUM GESTIO. in quantum lucratus est (in kwon-tJm 100-kray-tJs est). [Latin] Hist. Insofar as he has gained or profited. in quantum valeat (in kwon-t<:1m vay-Iee-at or -Jt). [Latin] Hist. For what it is worth. inquest. (Be) 1. An inquiry by a coroner or medical examiner, sometimes with the aid of a jury, into the manner ofdeath ofa person who has died under suspi cious circumstances, or who has died in prison. Also 864 inquest jury termed coroner's inquest; inquisition after death. [Cases: Coroners Homicide C=> l1lO.] 2. An inquiry into a certain matter by a jury empaneled for that purpose. 3. The finding of such a specially empaneled jury. 4. A proceeding, usu. ex parte, to determine, after the defendant has defaulted, the amount of the plaintiffs damages. Cf. INQUISITION. grand inquest. 1. An impeachment proceeding. 2. Hist. (cap.) The survey of the lands of England in lO85-1086, by order of William the Conqueror, and resulting in the Domesday Book Also termed Great Inquest; Grand Survey; Great Survey. See DOMESDAY BOOK. 3. Hist. Grand jury. inquest of office. Hist. An inquest conducted by a coroner, sheriff, or other royal officer into the Crown's right to property by reason of escheat, treason, or other ground offorfeiture. 5. WARDMOTE. inquest jury. See JURY. in qui bus infitiando lis crescit (in kwib-<}s in -fish-ee-an doh lis kres-it). [Latin] Roman law. In which the suit increases by denial. The phrase appeared in reference to the measure of damages in a legal action when, if the defendant wrongfully denied a claim for damages, the defendant could be penalized by a multiple of the original claimed amount, usu. double, triple, or qua druple. -Also spelled inficiando. inquilinus (in-kwd-h-nds), n. [Latin] Roman law. A person who leases or lives in another's house or apart ment; esp., an urban tenant. inquirendo (in-kwd-ren-doh). [Latin] Hist. An inquiry or investigation; esp., an inquiry into a matter concerning the Crown's interests, such as lands that are forfeited to the Crown. inquiry. (15c) 1. lnt'llaw. FACT-FINDING (2). 2. Parlia mentary law. A request for information, either proce dural or substantive. See REQUEST; POINT (2). parliamentary inquiry. An inquiry that asks a question about procedure. 3. Hist. A writ to assess damages by the sheriffor sher iff's deputies. inquiry notice. See NOTICE. inquisitio (in-kw<l-zish-ee-oh). [Latin] Inquisition or inquest. See INQUISITION (1). inquisitio post mortem (in-kwd-zish-ee-oh pohst mor tdm). [Latin] See inquest ofoffice under INQUEST. inquisition. (14c) I. The record ofthe finding ofthe jury sworn by the coroner to inquire into a person's death. [Cases: Coroners C=> 18.] 2. A judicial inquiry, esp. in a derogatory sense. 3. A persistent, grueling examination conducted without regard for the examinee's dignity or civil rights. Cf. INQUEST. inquisition after death. See INQUEST (1). inquisitor. (16c) l. An officer who examines and inquires, such as a coroner or sheriff. 2. A person who inquires; esp., one who examines another in a harsh or hostile manner. 3. Hist. Eccles. law. An officer authorized to inquire into heresies; esp., an officer of the Spanish Inquisition. inquisitorial court. See COURT. inquisitorial system. (1846) A system of proof-taking used in civil law, whereby the judge conducts the trial, determines what questions to ask, and defines the scope and the extent ofthe inquiry . This system prevails in most of continental Europe, in Japan, and in Central and South America. Cf. ADVERSARY SYSTEM. INR. abbr. BUREAU OF INTELLIGENCE AND RESEARCH. in re (in ree or ray). [Latin "in the matter of"] (1877) (Of a judicial proceeding) not formally including adverse parties, but rather involving something (such as an estate). _ The term is often used in case citations, esp. in uncontested proceedings <In re Butler's Estate>. Also termed matter of<Alatter ofButler's Estate>. in rebus (in ree-b<}s), adv. [Latin] In things, cases, or matters. in rebus litigiosis (in ree-b<'ls IHij-ee-oh-sis). [Latin] Hist. In things subject to litigation. in rem (in rem), adj. [Latin "against a thing"] (18c) Involving or determining the status of a thing, and therefore the rights of persons generally with respect to that thing. Also termed (archaically) impersonal. See action in rem under ACTION (4). Cf. IN PERSONAM. [Cases: Admiralty Courts ~---, 16.] in rem, adv. "An action in rem is one in which the judgment of the court determines the title to property and the rights of the parties, not merely as between themselves, but also as against all persons at any time dealing with them or with the property upon which the court had adjudicated." R.H. Graveson, Conflict ofLaws 98 (7th ed. 1974). quasi in rem (kway-sI in rem or kway-zr). [Latin "as if against a thing"] (1804) InvolVing or determining the rights of a person having an interest in property located within the court's jurisdiction. See action quasi in rem under ACTION (4). [Cases: Courts 16.] in re mercatoria (in ree m<}r-k<}-tor-ee-<}). [Latin] Scots law. In a mercantile transaction . Documents made in or connected with a mercantile transaction did not require the typical formalities in order to be binding. "All writings in re mercatoria are privileged, and are held valid and binding, although wanting the solemni ties com mon and necessary to ordinary deeds .... This privilege has been given to these documents, because of the rapidity with which, in most cases, they have to be prepared, and the immediate use

given to these documents, because of the rapidity with which, in most cases, they have to be prepared, and the immediate use to which they have to be put, and also because, from the necessity of the case, they are generally prepared by those who are not supposed to be acquainted with the formalities and solem nities of deeds." John Trayner, Trayner's Latin Maxims 273 (4th ed. 1894). in rem judgment. See judgment in rem under JUDGMENT. in rem jurisdiction. See JURISDICTION. 865 in rem suam (in rem s[r]oo-am). [Latin] Hist. Regarding one's own property; for one's own advantage. in rem versum (in rem var-sam). [Latin] Roman law. Employed in one's own matter; used to one's own advantage. See ACTION DE IN REM VERSO. in render (in ren-dar), adj. [Law French "in yielding or paying"] Hist. (Of property) required to be given or rendered. Cf. IN PRE'mER. in re propria (in ree proh-pree-a). [Latin] Hist. In one's own affairs. in rerum natura (in reer-am na-tyuur-a), adv. & adj. [Law Latin] Hist.ln the nature of things; in existence. 'Ibis phrase was used in a dilatory plea alleging that the plaintiff was a fictitious person, and therefore not capable of bringing the action. in retentis (in ri-ten-tis). [Law Latin "among things withheld"] Scots law. Subject to reservation . Evidence might be taken in retentis if, for example, the witness were mortally ill, and then be set aside until the proper time to produce it. in rigore juris (in rig-ar-ee joor-is). [Latin] Hist. Accord ing to strict law. in rixa (in rik-sa). [Latin] Scots law. In an altercation or brawl. Words spoken in rixa were usu. not actionable as defamation. in rixa per plures commissa (in rik-sa par pIuur-eez [or ploo-reezl ka-mis-a). [Latin] Scots law. An offense committed in the course of a quarrel involving several persons. inroll, vb. See ENROLL (1). inrollment. See ENROLLMENT. INS. abbr. IMMIGRATION AND NATURALIZATION SERVICE. in sacris (in say-kris). [Latin] Scots law. In sacred matters. The phrase appeared in reference to the supremacy of ecclesiastical-court jurisdiction in certain matters, esp. those involving church doctrine and discipline. insane, adj. (l6c) Mentally deranged; suffering from one or more delusions or false beliefs that (1) have no foundation in reason or reality, (2) are not credible to any reasonable person of sound mind, and (3) cannot be overcome in a sufferer's mind by any amount of evidence or argument. See INSANITY. [Cases: Mental Health insane asylum. See ASYLUM (3). insane delusion. (1838) An irrational, persistent belief in an imaginary state of facts resulting in a lack of capacity to undertake acts of legal consequence, such as making a will. See CAPACITY (2). [Cases: Criminal Law (::=:49.] insanity, n. (16c) Any mental disorder severe enough that it prevents a person from having legal capacity and excuses the person from criminal or civil responSibil ity. Insanity is a legal, not a medical, standard. Also termed legal insanity; lunacy. Cf. SANITY. [Cases: inSCriptio Criminal Law~'47; HomicideC:::>817; Mental Health ''The lawyers refer to 'insanity.' This is a legal term only, and one that is not used by the psychiatrist; the latter prefers to speak of mental disorder, mental illness, or of psychosis or neurosis." Winfred Overholser, Psychiatry and the Law, 38 Mental Hygiene 243,244 (1954). "The word 'insanity' is commonly used in discussions of this problem although some other term would seem to be preferable such as 'mental disease or defect,' -which may be shortened to 'mental disorder' in general discussions if this is clearly understood to include disease of the mind, congenital lack, and damage resulting from traumatic injury, but to exclude excitement or stupefaction result ing from liquor or drugs. Apart from its uses In the law 'insanity' is usually employed to indicate mental disorder resulting from deterioration or damage as distinguished from congenital deficiency, Criminal incapacity may result as readily from one as from the other, but while the earlier authorities spoke of the 'idiot' and the 'madman,' . ' . the more recent tendency in the law has been to include both under the 'insanity' label," Rollin M. Perkins & Ronald N, Boyce, Criminal Law 952 (3d ed, 1982). "Another objection to the word 'insanity' is the unwar ranted assumption that it refers to a very definite mental condition, seldom put into words but apparent in many discussions of the problem." Id. emotional insanity. (1872) Insanity produced by a violent excitement of the emotions or passions, although reasoning faculties may remain unimpaired; a passion that for a period creates complete derange ment of intellect. Emotional insanity is sometimes described as an irresistible impulse to do an act. See IRRESISTIBLE-IMPULSE TEST. [Cases: Criminal Law Homicide (::=:818.] partial insanity. See diminished capacity under CAPA CITY (3), temporary insanity. (l8c) Insanity that exists only at the time of a criminal act. insanity defense. Criminal law. (1912) An affirmative defense alleging that a mental disorder caused the accused to commit the crime. See 18 USCA 17; Fed. R. Crim. P. 12.2. Unlike other defenses, a success ful insanity defense may not result in an acquittal but instead in a special verdict ("not guilty by reason of insanity") that usu. leads to the defendant's commit ment to a mental institution. -Also termed insanity plea. See MCNAGHTEN RULES; SUBSTANTIAL-CAPAC ITY TEST; IRRESISTIBLE-IMPULSE TEST; DURHAM RULE; APPRECIATION TEST. [Cases: Criminal Law Homicide C:::: 817.] black-rage insanity defense. An insanity defense based on an African-American's violent eruption of anger induced at least partly by racial tensions . This defense was first used in the mid-1990s, Insanity Defense Reform Act of 1984 test. See APPRE CIATION TEST. insanity plea. See INSANITY DEFENSE. inscriptio (in-skrip-shee-oh), n. [Latin] In later Roman law, a written accusation detailed in an official register. The accuser was liable to punishment if the accused 866 inscription was acquitted. See INSCRIPTION (3). PI. inscriptiones (in-skrip-shee-oh-neez). inscribere, vb. inscription, n. (14c) 1. The act of entering a fact or name on a list, register, or other record. 2. An entry so recorded. 3. Civil law. An agreement whereby an accuser must, ifthe accusation is false, receive the same punishment that the accused would have been given if found guilty. -inscribe, vb. inscriptive, adj. inscriptiones (in-skrip-shee-oh-neez). [Latin] Hist. Title deeds; written instruments by which rights or interests are granted. inscrutable fault. See FAULT. insecure, adj. (17c) Having a good-faith belief that the possibility of receiving payment or performance from another party to a contract is unlikely. insecurity clause. (1872) A loan-agreement provision that allows the creditor to demand immediate and full payment of the loan balance if the creditor has reason to believe that the debtor is about to default, as when the debtor suddenly loses a significant source of income. Cf. ACCELERATION CLAUSE. [Cases: Bills and Notes 129(1); Secured Transactions C=-221.] in separali (in sep-Cl-ray-h), adv. & adj. [Law Latin] In several; in severalty. insert, vb. Parliamentary law. To amend (a motion) by placing new wording within or around the current wording. -Some authorities distinguish amendment by adding, which places new wording after the current wording, from amendment by inserting. See ADD; AMENDMENT (3). inside director. See DIRECTOR. inside information. Information about a company's financial or market situation obtained not from public disclosure, but from a source within the company or a source that owes the company a duty to keep the information confidential. Also termed insider infor mation. See INSIDER TRADING. [Cases: Securities Regu lation C=-60.28.] insider. (1848) 1. Securities. A person who has knowl edge offacts not available to the general public. [Cases: Securities Regulation C=-60.28.] temporary insider. A person or firm that receives inside information in the course ofperforming profeSSional duties for a client. Generally, that person or firm is subject to the same proscriptions as an insider. 2. One who takes part in the control of a corporation, such as an officer or director, or one who owns 10% or more of the corporation's stock. 3. Bankruptcy. An entity or person who is so closely related to a debtor that any deal between them will not be considered an arm's-length transaction and will be subject to close scrutiny. [Cases: BankruptcyC=-2827.] insider dealing. See INSIDER TRADING. insider information. See INSIDE INFORMATION. insider preference. See PREFERENCE. insider report. See REPORT (1). insider trading. The use of material, non public infor mation in trading the shares ofa company by a corpo rate insider or other person who owes a fidUciary duty to the company . This is the classic definition. The Supreme Court has also approved a broader definition, known as the "m isappropriation theory": the deceitful acquisition and misuse of information that properly belongs to persons to whom one owes a duty. Thus, under the misappropriation theory, it is insider trading for a lawyer to trade in the stock of XYZ Corp. after learning that a client ofthe lawyer's firm is planning a takeover ofXYZ. But under the classic definition, that is not insider trading because the lawyer owed no duty to XYZ itself. Also termed insider dealing. [Cases: Securities Regulation (;::::>60.28.] '''What is insider trading?' The term is probably best defined, to the extent any definition is adequate, as 'the purchase or sale of securities on the basis of material, non-pUblic infor mation.' What counts as 'non-public information'? What non-pUblic information can be deemed 'material'? When is a trader who is in possession of material, non-public information trading 'on the baSis of' that information? Must the information be about the company whose securities are being purchased or sold? What characteristics establish 'insider' status sufficient to warrant legal proscriptions of trading? These are all questions that are derived from the definition of insider trading just offered ...." C. Edward Fletcher, Materials on the Law ofInsider Trading 3 (1991). "A number of different parties may be subject to a variety of monetary penalties under the federal securities laws for engaging in illegal insider trading. These parties may include actual traders, their tippers, as well as broker dealers and investment advisors (when they fail to take appropriate steps to prevent the insider trading violation(s) or fail to maintain and enforce policies and procedures reasonably designed to prevent the occurrence of such trading). Measures that may be ordered include (1) requir ing the subject party to 'disgorge' the iIIgotten profits (or loss avoided) in an SEC enforcement action, (2) subjecting individuals to a maximum criminal fine of $1 million and 10 years imprisonment, and (3) in an SEC enforcement action, within a court's discretion, ordering the subject party to pay into the U.S. Treasury a treble damage penalty amount ing to three times the profit gained or loss avoided." Marc I. Steinberg, Understanding Securities Law 277-78 (2d ed. 1996). insidiatio viarum (in-sid-ee-ay-shee-oh vI-air-Clm). [Latin "ambush on the highway"] Rist. The crime of waylaying someone along the roadway. See LATROCI NATION; HIGHWAYMAN. insilium (in-sil-ee-Clm). (Law Latin] Hist. Pernicious advice or counsel. in simili materia (in sim-d-II ma-teer-ee-a), adv. & adj. (Law Latin] Of the same or a similar subject matter. insimul (in-sim-dl or in-si-mal), adv. [Latin] Together, jOintly. insimul computassent (in-sim-Cll or in-si-miJI kahm pyoo-tas-Clnt). [Law Latin "they accounted together"] Hist. A count in an assumpsit action asserting that the parties had reviewed their accounts and that the defen dant voluntarily agreed to pay the amount sought by the plaintiff . This term derives from the initial words ofthe count. 867 inspeximus insimul tenuit (in-sim-~l or in-si-mCll ten-yoo-it).