. restrictive title. A statute’s name that narrowly identi- fies the particular subject matter addressed by the legislature. Cf. general title. [Cases: Statutes 1 109.2.] 5. The name by which a court case or other legal proceeding is distinguished from others; style (1). 6. An appellation of office, dignity, or distinction cafter the title, abstract of 1624 election, he bore the title of mayor for the next four years>, title, abstract of. See abstract of title. title, action to quiet. See action to quiet title under action (4). title, chain of. See chain of title. title, cloud on. See cloud on title. title, color of. See color of title. title, covenant for. See covenant for title under covenant (4). title, document of. See document of title. title, indicia of. See indicia of title. title, muniment of. See muniment of title. title, root of. See root of title. title, warranty of. See warranty of title under warranty (2). Title VII of the Civil Rights Act of 1964. A federal law that prohibits employment discrimination and harassment on the basis of race, sex, pregnancy, religion, and national origin, as well as prohibiting retaliation against an employee who opposes illegal harassment or discrimination in the workplace. • 'this term is often referred to simply as Title VII. 42 USCA §§ 2000e el seq. [Cases: Civil Rights O7-T102.] Title IX of the Educational Amendments of 1972. A federal statute generally prohibiting sex discrimination and harassment by educational facilities that receive federal funds. • This term is often referred to simply as Title IX. 20 USCA §§ 1681 et seq. [Cases: Civil Rights O-1067.] title clearance. The removal of impediments to the marketability of land, esp. through title examinations. title company. See company. title deed. See deed. title division. Archaic. A common-law system for dividing property acquired during marriage upon the dissolution of the marriage, the divisions being based on who holds legal title to the property. • Under title division, when a marriage ends in divorce, property purchased during the marriage is awarded to the person who holds title to the property. Cf. community property; equitable distribution. title-guaranty company. See title company under company. title insurance. See insurance. title jurisdiction. See title theory. title member. See name partner under partner. title-object clause. See clause. title of entry. See title (2). title of record. See record title under title (2). title of right. (1917) A court-issued decree creating, trans- ferring, or extinguishing rights. • Examples include a decree of divorce or judicial separation, an adjudication of bankruptcy, a discharge in bankruptcy, a decree of foreclosure against a mortgagor, an order appointing or removing a trustee, and a grant of letters of administration. In all the examples listed, the judgment operates not as a remedy but as a title of right. title opinion. See opinion (2). title registration. (1971) A system of registering title to land with a public registry, such as a county clerk’s office. See torrens system. [Cases: Records O 5 9.] title retention. (1936) A form of lien, in the nature of a chattel mortgage, to secure payment of a loan given to purchase the secured item. [Cases: Chattel Mortgages <A>1] title search. (1965) An examination of the public records to determine whether any defects or encumbrances exist in a given property’s chain of title. • A title search is typically conducted by a title company or a real-estate lawyer at a prospective buyer’s or mortgagee’s request. [Cases: Abstracts of Title [13; Vendor and Purchaser O-v>231(2).] title standards, (1938) Criteria by which a real-estate title can be evaluated to determine whether it is defective or marketable. • Many states, through associations of conveyancers and real-estate attorneys, still adhere to title standards. [Cases: Abstracts of Title 1-3; Vendor and Purchaser 130(2).] title state. See title theory. title theory. (1907) Property law. The idea that a mortgage transfers legal title of the property to the mortgagee, who retains it until the mortgage has been satisfied or foreclosed. • Only a few American states — known as title states, title jurisdictions, or title-theory jurisdictions — have adopted this theory. Cf. lien theory. [Cases: Mortgages 136.] title transaction, (1939) A transaction that affects title to an interest in land. title unity. See unity of title under unity, titulo lucrativo, qui titulus estpost contractum debitum (tich-a-loh loo-krs-ti-voh, kwi tich-a-lss est pohst kan-trak-tam deb-i-tam). [Law Latin] Hist. By a lucrative title, which occurs after the contracting of debt. titulo singular! (tich-a-loh sing-gya-lair-i). [Law Latin] Hist. By a singular title. • Those acquiring property by means other than succession held the property under a titulus singularis. titulo universal! (tich-a-loh yoo-ni-var-say-li). [Law Latin] Hist. By a universal title. • An heir succeeding to an ancestor’s estate held title titulo universal)'. titulus transferendi (tich-a-las trans-far-en-di). [Law Latin] Hist. The legal title for transferring. — Also spelled titulus transferrendi. Cf. modus transferendi. TM. abbr. trademark. • Typically used as a superscript after a mark (IM), it signals only that someone claims ownership of the mark; it does not mean that the mark is registered. TMEP. abbr. trademark manual of examining procedure, T-note, abbr. treasury note. tocher. Scots law. Dowry. to-have-and-to-hold clause. See habendum clause (i). token, n. (bef. 12c) 1. A sign or mark; a tangible evidence of the existence of a fact. 2. A sign or indication of an intention to do something, as when a buyer places a small order with a vendor to show good faith with a view toward later placing a larger order. 3, A coin or other legal tender, • Although token most commonly refers to a piece of metal, the term may also denote a bill or other medium of exchange. false token. A counterfeit coin, bill, or the like, toleration, n. 1. The act or practice of permitting or enduring something not wholly approved of; the act or practice of allowing something in a way that does not hinder. 2. The allowance of opinions and beliefs, esp. religious ones, that differ from prevailing norms. 3. Archaic. Legal permission or authorization; license (i). — tolerate, vb. toll, n. 1. A tax or due paid for the use of something; esp., the consideration paid either to use a public road, highway, or bridge, or to maintain a booth for the sale of goods at a fair or market. [Cases: Bridges <7=33; Turnpikes and Toll Roads O=37,| 2. A right to collect such a tax or due. 3. The privilege of being free from such a tax or due. 4. A charge for a long-distance telephone call, [Cases: Telecommunications 0=950.] toll, vb. (15c) 1. To annul or take away <toll a right of entry>. 2. (Of a time period, esp. a statutory one) to stop the running of; to abate <toll the limitations periodx See equitable tolling. 3. Hist. To raise or collect a tax or due for the use of something. tollage (toh-lij). 1. Payment of a toll. 2. Money charged or paid as a toll. 3, The liberty or franchise of charging a toll. tolling agreement. (1934) An agreement between a potential plaintiff and a potential defendant by which the defendant agrees to extend the statutory limitations period on the plaintiff’s claim, usu. so that both parties will have more time to resolve their dispute without litigation. [Cases: Limitation of Actions <<= 14.] tolling statute. (1899) A law that interrupts the running of a statute of limitations in certain situations, as when the defendant cannot be served with process in the forum jurisdiction. [Cases: Limitation of Actions O= 43-138.] tolt (tohlt). Hist. A writ for removing a case pending in a court baron to a county court. — Also termed writ of tolt. See court baron; county court under court. “Where the disputed interest in the land was not a fee held of the king in chief but afee held of a ‘mesne lord’ the writ was directed to him bidding him do full right between the parties in the matter of the land in question under pain of the case being removed from his court to the sheriff's court if he failed to do justice. This removal was effected (if necessary) by the process known as ‘tolt’ under which a sheriff on a complaint to him in his county court of a failure of the lord to do justice ordered his bailiff to attend the lord's court and take away the plaint into the county court.” Geoffrey Radcliffe & Geoffrey Cross, The English Legal System 38 (G.J. Hand & D.J. Bentley eds., 6th ed, 1977), tombstone. Securities. An advertisement (esp. in a newspaper) for a public securities offering, describing the security and identifying the sellers. • The term gets its name from the ad’s traditional black border and plain print. — Also termed tombstone advertisement; tombstone ad. Cf. PROSPECTUS. ton. A measure of weight fixed at either 2,000 pounds avoirdupois or 20 hundredweights, each hundredweight being 112 pounds avoirdupois. [Cases: Weights and Measures 0=3.] long ton. Twenty long hundredweight (2,240 pounds), or 1.016 metric tons. short ton. Twenty short hundredweight (2,000 pounds), or 0.907 metric tons. ton mile. In transportation, a measure equal to the transportation of one ton of freight one mile. tonnage (tan-ij). 1. The capacity of a vessel for carrying freight or other loads, calculated in tons. — Also termed net tonnage. [Cases: Shipping 0=7.] 2. The total shipping tonnage of a country or port. 3. See tonnage duty under duty (4). tonnage duty. See duty (4). tonnage-rent. A rent reserved by a mining lease or similar transaction, consisting of a royalty on every ton of minerals extracted from the mine. [Cases: Mines and Minerals 0=70,] tonnage tax. See tonnage duty under duty (4). tonsure. Hist. The shaving of a person’s (usu. a cleric’s) head. • Serjeants-at-law supposedly wore coifs to conceal their shaved heads. tontine (ton-teen or ton-teen), n. 1, A financial arrangement in which a group of participants share in the arrangement’s advantages until all but one has died or defaulted, at which time the whole goes to that survivor. [Cases: Insurance 0=2441.] 2. A financial arrangement in which an entire sum goes to the contributing participants still alive and not in default at the end of a specified period. tontine policy. See insurance policy. top-hat pension plan. See pension plan. top lease. See lease. top management. See management, topographical survey. See survey. torpedo doctrine. See attractive-nuisance doctrine. Torrens system (tor-anz or tahr-snz). (1863) A system for establishing title to real estate in which a claimant first acquires an abstract of title and then applies to a court for the issuance of a title certificate, which serves as conclusive evidence of ownership. • This tort 1626 system — named after Sir Robert Torrens, a 19th-century reformer of Australian land laws — has been adopted in the United States by several counties with large metropolitan areas. — Also termed Torrens title system. See caveat (3). [Cases: Records l0=9.] tort (tort). (16c) 1. A civil wrong, other than breach of contract, for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another. [Cases: Torts 106.] 2. (pi.) The branch of law dealing with such wrongs. “To ask concerning any occurrence ‘Is this a crime or is it a tort?' is — to borrow Sir James Stephen’s apt illustration — no wiser than it would be to ask concerning a man 'Is he a father or a son?’ For he may well be both.’’J.W. Cecil Turner, Kenny's Outlines of Criminal Law 543 (16th ed. 1952). “We may . . . define a tort as a civil wrong for which the remedy is a common-law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation.” R.F.V. Heuston, Salmond on the Law of Torts 13 (17th ed. 1977). “It might be possible to define a tort by enumerating the things that it is not. It is not crime, it is not breach of contract, it is not necessarily concerned with property rights or problems of government, but is the occupant of a large residuary field remaining if these are taken out of the law. But this again is Illusory, and the conception of a sort of legal garbage-can to hold what can be put nowhere else is of no help. In the first place, tort is a field which pervades the entire law, and is so interlocked at every point with property, contract and other accepted classifications that, as the student of law soon discovers, the categories are quite arbitrary. In the second, there is a central theme, or basis or idea, running through the cases of what are called torts, which, although difficult to put into words, does distinguish them in greater or less degree from other types of cases." W. Page Keeton et al., The Law of Torts § 1, at 2-3 (5th ed. 1984). business tort. A tort that impairs some aspect of an economic interest or business relationship and causes economic loss rather than property damage or bodily harm. • Business torts include tortious interference with contractual relations, intentional interference with prospective economic advantage, unfair business practices, misappropriation of trade secrets, and product disparagement. [Cases: Antitrust and Trade Regulation TT-AIO; Libel and Slander C7-'130; Torts 0-21.1,241.] constitutional tort. (1966) A violation of one’s constitutional rights by a government officer, redressable by a civil action filed directly against the officer, • A constitutional tort committed under color of state law (such as a civil-rights violation) is actionable under 42 USCA § 1983. — Sometimes (informally) shortened to contort. [Cases: Civil Rights C=>1304.] dignitary tort (dig-ns-tair-ee). (1996) A tort involving injury to one’s reputation or honor. • In the few jurisdictions in which courts use the phrase dignitary tort (such as Maine), defamation is commonly cited as an example. — Also (erroneously) termed digna-tory tort. environmental tort. A tort involving exposure to disagreeable or harmful environmental conditions or harm to and degradation of an environment (e.g., the pouring of acid on golf greens). • An environmental tort is usu. harmful to land rather than people, though people may find it unpleasant (e.g., odors from a landfill). By contrast, toxic torts involve exposure to harmful substances that cause personal physical injury or disease. Cf. toxic tort. government tort. (1945) A tort committed by the government through an employee, agent, or instrumentality under its control. • The tort may or may not be actionable, depending on whether the government is entitled to sovereign immunity. A tort action against the U.S, government is regulated by the Federal Tort Claims Act, while a state action is governed by the state’s tort claims act. See federal tort claims act; sovereign immunity under immunity (1). [Cases: Municipal Corporations C=>723.] intentional tort. (1860) A tort committed by someone acting with general or specific intent. • Examples include battery, false imprisonment, and trespass to land. — Also termed willful tort. Cf. negligence. [Cases: Torts C=’115.] marital tort. A tort by one spouse against the other. • Since most jurisdictions have abolished interspousal tort immunity, courts have had to decide which tort claims to recognize between married persons. Among those that some, but not all, courts have chosen to recognize are assault and battery, including claims for infliction of sexually transmitted disease, and intentional and negligent infliction of emotional distress. — Also termed domestic tort. Cf. husband-wife immunity under immunity. [Cases: Husband and Wife C—-53, 205(2).] maritime tort. Any tort within the admiralty jurisdiction. [Cases: Admiralty 0=17.] mass tort. (1940) A civil wrong that injures many people. • Examples include toxic emissions from a factory, the crash of a commercial airliner, and contamination from an industrial-waste-disposal site. Cf. toxic tort. negligent tort. (1865) A tort committed by failure to observe the standard of care required by law under the circumstances. See negligence. personal tort. (17c) A tort involving or consisting in an injury to one’s person, reputation, or feelings, as distinguished from an injury or damage to real or personal property, [Cases: Torts 0=425.] preconception tort. A tort that is committed before the victim has been conceived. prenatal tort. (1960) 1. A tort committed against a fetus. • If born alive, a child can sue for injuries resulting from tortious conduct predating the child’s birth. [Cases: Death 0^15; Infants 0072(2).] 2. Loosely, any of several torts relating to reproduction, such as those giving rise to wrongful-birth actions, wrongful- life actions, and wrongful-pregnancy actions. [Cases; Health 0686,687.] prima facie tort (pri-ma fay-shee-ee or -shee or -sha). (1938) An unjustified, intentional infliction of harm on another person, resulting in damages, by one or more acts that would otherwise be lawful. • Some jurisdictions have established this tort to provide a remedy for malicious deeds — esp, in business and trade contexts — that are not actionable under traditional tort law. [Cases: Torts 155.1 property tort. (1898) A tort involving damage to property. [Cases: Torts 0-429.] public tort. (1949) A minor breach of the law (such as a parking violation) that, although it carries a criminal punishment, is considered a civil offense rather than a criminal one because it is merely a prohibited act (malum prohibitum) and not inherently reprehensible conduct (malum in se). — Also termed civil offense. Cf. civil wrongunder wrong;public delict under delict, [Cases; Criminal LawC—26, 27.] quasi-tort. (1809) A wrong for which a nonperpetrator is held responsible; a tort for which one who did not directly commit it can nonetheless be found liable, as when an employer is held liable for a tort committed by an employee. — Also spelled quasi tort. See vicarious liability under liability; respondeat superior. sanctions tort. See sanctions tort. toxic tort. (1979) A civil wrong arising from exposure to a toxic substance, such as asbestos, radiation, or hazardous waste. • A toxic tort can be remedied by a civil lawsuit (usu. a class action) or by administrative action. Cf. mass tort; environmental tort. [Cases; Negligence C 306; Products Liability 0^201,217.] willful tort. See intentional tort. tortfeasor (tort-fee-zar). (17c) One who commits a tort; a wrongdoer. concurrent tortfeasors. (1921) Two or more tortfeasors whose simultaneous actions cause injury to a third party. • Such tortfeasors are jointly and severally liable. [Cases: Negligence C°421,484; Torts 0134, 135.] consecutive tortfeasors. (1955) Two or more tortfeasors whose actions, while occurring at different times, combine to cause a single injury to a third party. • Such tortfeasors are jointly and severally liable. joint tortfeasors. (1822) Two or more tortfeasors who contributed to the claimant’s injury and who may be joined as defendants in the same lawsuit. See joint and several liability under liability. [Cases: Negligence 0484; Torts 0134, 135.] successive tortfeasors. (1954) Two or more tortfeasors whose negligence occurs at different times and causes different injuries to the same third party. [Cases: Damages 5 '34.] tortious (tor-shas), adj. (16c) 1. Constituting a tort; wrongful <tortious conduct?. [Cases: Torts O? 106, 107.] 2. In the nature of a tort ctortious cause of action?. tortious act. See act (2). tortious battery. See battery (2). tortious conduct. See conduct. tortious interference with a business advantage. See TORTIOUS INTERFERENCE WITH PROSPECTIVE ADVANTAGE. tortious interference with contractual relations. (1954) A third party’s intentional inducement of a contracting party to break a contract, causing damage to the relationship between the contracting parties. — Also termed unlawful interference with contractual relations; interference with a contractual relationship; interference with contract; inducement of breach of contract; procurement of breach of contract. [Cases: Labor and Employment Cr?903-914; Torts C - 212.| tortious interference with economic relations. See TORTIOUS INTERFERENCE WITH PROSPECTIVE ADVANTAGE. tortious interference with prospective advantage. (1973) An intentional, damaging intrusion on another’s potential business relationship, such as the opportunity of obtaining customers or employment. — Also termed interference with a business relationship; tortious interference with a business advantage; tortious interference with economic relations. [Cases: Torts 0^213.] tortious liability. See liability. tort-of-another doctrine. Torts. The principle that a party who must bring or defend an action against a third person based on a tort committed by another person is entitled to seek litigation-related damages from that other person. [Cases: Damages O^TS.] tort reform. (1974) A movement to reduce the amount of tort litigation, usu. involving legislation that restricts tort remedies or that caps damages awards (esp. for punitive damages), • Advocates of tort reform argue that it lowers insurance and healthcare costs and prevents windfalls, while opponents contend that it denies plaintiffs the recovery they deserve for their injuries. torture, n. (16c) Ihe infliction of intense pain to the body or mind to punish, to extract a confession or information, or to obtain sadistic pleasure. — torture, vb. “By torture I mean the infliction of physically founded suffering or the threat immediately to inflict it, where such infliction or threat is intended to elicit, or such infliction is incidental to means adopted to elicit, matter of intelligence or forensic proof and the motive is one of military, civil, or ecclesiastical interest.” James Heath, Torture and English Law 3 (1982). torture by proxy. See extraordinary rendition under RENDITION. torture flight. See extraordinary rendition under rendition. total, adj. (14c) 1. Whole; not divided; full; complete. 2. Utter; absolute. total assignment. See assignment (2). total breach. See breach of contract. total disability. See disability (2). total-disability insurance. See general-disability insurance under insurance. total eviction. See eviction. total failure of consideration. See failure of consideration. total incorporation. See incorporation. totality-of-the-circumstancestest. (1959) Criminal pro- cedure. A standard for determining whether hearsay (such as an informant’s tip) is sufficiently reliable to establish probable cause for an arrest or search warrant. • Under this test — which replaced Aguilar-Spinelli’s two-pronged approach — the reliability of the hearsay is weighed by focusing on the entire situation as described in the probable-cause affidavit, and not on any one specific factor. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317 (1983). Cf. aguilar—Spinelli test. [Cases: Arrest '.,63.4(7); Searches and Seizures C=>115.1.] total loss. See loss. total-offset rule. Torts. A theory of damages holding that the eroding effect of inflation offsets the accrual of interest on an award and makes it unnecessary to discount future damages to their present value. [Cases: Damages <C=>226.] total repudiation. See repudiation. tota reperspecta (toh-ta ree par-spek-ts). [Latin] Hist. The whole matter being taken into account or considered. — Also termed tota materia perspecta. totidem verbis. [Latin] In so many words. toties quoties (toh-shee-eez kwoh-shee-eez or toh-sheez kwoh-sheez). [Latin] Hist. As often as. toto caelo (toh-toh see-loh), adv. [Latin “by the whole extent of the heavens”] As far as possible; diametrically <the parties differ with each other toto caelo>. toto genere (toh-toh jen-s-ree). [Latin] Hist. In their whole character; entirely. Totten trust. See trust. touch, vb. Marine insurance. To stop at a port, usu. for a brief period. [Cases: Insurance 0^3059.] touch and stay. Marine insurance. A right, granted by an insurer to an insured vessel, to stop and remain at certain designated points in the course of the voyage. • A vessel that has the power to touch and stay at a place must confine itself strictly to the terms of the permission given, and any deviation during a stay — for example, by shipping or landing goods — will discharge the underwriters, unless the vessel has permission to trade as well as to touch and stay. [Cases: Insurance O3059.] Touhy regulations. The rules governing procedures for document production by federal agencies for purposes of litigation. 28 C.F.R. 16.21 et seq. • The term comes from United States ex rel. Touhy v. Ragen, 340 U.S. 462, 71 S.Ct. 416 (1951). In that case, an FBI agent refused to produce certain records under a subpoena duces tecum because a departmental regulation expressly stated that the Attorney General was the only person with authority to produce the documents. The United States Supreme Court upheld the regulation’s validity. [Cases: Witnesses C 16.] tout court (too koor), adv. [French “simply, without qualification”] Very briefly; without explanation. tout ensemble (toot on-son-bla), n. [French “all together”] The overall visual effect of a design; general effect. • The phrase denotes a way of comparing two designs, by looking at the total impact rather than comparing individual design elements. That is the technique used in determining whether a design infringes someone’s trade-dress rights, or if a design-patent application shows a novel and nonobvious change from existing designs. Although the phrase is adverbial in French, it is typically used as a noun in English. See antidissection rule. touting, n. The solicitation of business by highly recommending a security or product, esp. when the recommendation’s basis is largely puffery. tout temps prist et encore prist. [Law French] Commonlawpleading. The clause in a plea of tender stating that the pleader is and always has been ready to pay. See PLEA OF TENDER. towage (toh-ij), n. 1. The act or service of towing ships and vessels, usu. by means of a small vessel called a tug. [Cases: Towage C1.] 2. The charge for such a service. [Cases: Towage 0=55.] toward, adj. 1. In the direction of; on a course or line leading to (some place or something). 2. Coming soon; not long before. to wit (too wit), adv. (14c) Archaic. That is to say; namely <the district attorney amended the complaint to include embezzlement, to wit, “stealing money that the company had entrusted to the accused’s. — Sometimes spelled to-wit-, towit. town. 1. A center of population that is larger and more fully developed than a village, but that (traditionally speaking) is not incorporated as a city. [Cases: Towns Ol.] 2. The territory within which this population lives. 3. Collectively, the people who live within this territory. Cf. city. “A town is a precinct anciently containing ten families, whereupon in some countries they are called tithings, within one of which tithings every man must be dwelling, and find sureties for his good behaviour, else he that taketh him into his house is to be amerced in the leet." Sir Henry Finch, Law, or a Discourse Thereof 80 (1759). town-bonding act. A law authorizing a town, county, or other municipal corporation to issue its corporate bonds for the purpose of aiding in construction, often of railroads. — Also termed town-bonding law. [Cases: Towns C - 52.] town clerk. See clerk (1). town collector. A town officer charged with collecting the taxes assessed by a town. [Cases: Towns C=59.[ town commissioner. See commissioner. town crier. Hist. A town officer responsible for making proclamations related to town business. town hall. A building that houses the offices of a town’s government. [Cases: Towns 0=35,] townhouse. A dwelling unit having usu. two or three stories and often connected to a similar structure by a common wall and (particularly in a planned-unit development) sharing and owning in common the surrounding grounds. — Also termed townhome. town meeting. 1. A legal meeting of a town’s qualified voters for the administration of local government or the enactment of legislation. • Town meetings of this type are common in some New England states. [Cases: Towns 0=-' 17.] 2. More generally, any assembly of a town’s citizens for the purpose of discussing political, economic, or social issues. 3. Modernly, a televised event in which one or more politicians meet and talk with representative citizens about current issues. town order. An official written direction by the auditing officers of a town, directing the treasurer to pay a sum of money. — Also termed town warrant. [Cases: Towns 0 '50. town purpose. A municipal project or expenditure that concerns the welfare and advantage of the town as a whole. [Cases:Towns<3—46(1).] township. 1. In a government survey, a square tract six miles on each side, containing thirty-six square miles of land. 2. In some states, a civil and political subdivision of a county. — Abbr. tp. [Cases: Municipal Corporations O^>6.] township trustee. See trustee (1). townsite. A portion of the public domain segregated byproper authority and procedure as the site for a town, town treasurer. An officer responsible for maintaining and disbursing town funds. [Cases: Towns C=>30.] town warrant. See town order. toxic, adj. Having the character or producing the effects of a poison: produced by or resulting from a poison; poisonous. — Also termed toxical. [Cases: Environmental Law 0=413,] toxicant (tok-si-ksnt), n. (1879) A poison; a toxic agent; any substance capable of producing toxication or poisoning. toxic asset. See troubled asset under asset. toxicate, vb. Archaic. To poison. See intoxication. toxic convert. See death-spiral deal. toxicology (tok-si-kol-a-jee). (18c) The branch of medicine that concerns poisons, their effects, their recognition, their antidotes, and generally the diagnosis and therapeutics of poisoning; the science of poisons. — toxicological (tok-si-ks-loj-i-kal), adj. toxic tort. See tort. toxic waste. See waste (2). toxin, n. (1886) 1. Broadly, any poison or toxicant. 2. As used in pathology and medical jurisprudence, any diffusible alkaloidal substance — such as the ptomaines, abrin, brucin, or serpent venoms — and esp. the poisonous products of disease-producing bacteria. tp. abbr. township. TPL, abbr. Third-party logistical service provider. See freight forwarder. TPPM. abbr. tangiblf.-personal-property memorandum. TPR. abbr. termination of parental rights. traces, n. See retrospectant evidence under evidence. tracing, n. (16c) 1. The process of tracking property’s ownership or characteristics from the time of its origin to the present <tracing the vehicle’s historyx • Parties in a divorce will be expected to trace the origins of property in existence at the time of marital dissolution in order to characterize each asset as separate or marital property (or as community property in some states). — Also termed tracing of funds; tracing of property. Cf. commingle. 2. The act of discovering and following a person’s actions or movements <tracing the robber’s steps>. tract. (14c) A specified parcel of land <a 40-acre tract>. tract index. See index (1). tractusfuturi temporis (trak-tas fyoo-t[y]oor-i tem-pa-ris). [Latin] Hist. A tract of future time. trade, n. (14c) 1. The business of buying and selling or bartering goods or services; commerce. inland trade. Trade wholly carried on within a country, as distinguished from foreign commerce. precarious trade. Int’l law. Trade by a neutral country between two belligerent powers, allowed to exist at the latter’s sufferance. 2. A transaction or swap. 3. A business or industry occupation; a craft or profession. — trade, vb. trade acceptance. See acceptance (4), trade agreement. 1. An agreement — such as the North American Free Trade Agreement — between two or more nations concerning the buying and selling of each nation’s goods. [Cases; Customs Duties O’-'IO.] 2. collective-bargaining agreement. trade and commerce. Every business occupation carried on for subsistence or profit and involving the elements of bargain and sale, barter, exchange, or traffic. Trade and Development Program. See united states trade and development agency. trade association. See association. trade council. A central labor union; the central organization of a local trade union. — Also termed trades council. See union. trade defamation. See defamation. trade deficit. See deficit. trade discount 1630 trade discount. See discount. trade disparagement. The common-law tort of belittling someone’s business, goods, or services with a remark that is false or misleading but not necessarily defamatory. • To succeed at the action, a plaintiff must prove that (1) the defendant made the disparaging remark; (2) the defendant either intended to injure the business, knew the statement was false, or recklessly disregarded whether it was true; and (3) the statement resulted in special damages to the plaintiff, usu. by passing off. — Also termed commercial disparagement; product disparagement; injurious falsehood. Cf. trade defamation under defamation. [Cases: Antitrust and Trade Regulation O>25.j trade dispute. 1. Int’l law. A dispute between two or more countries arising from tariff rates or other matters related to international commerce. 2. Labor law. A dispute between an employer and employees over pay, working conditions, or other employment-related matters. • An employee who leaves during a trade dispute is not entitled to benefits under the Unemployment Insurance Act. trade dollar. Hist A United States dollar coin, made of silver, issued from 1873 to 1878 for use in foreign trade, esp. in eastern Asia. • A trade dollar was legal tender within the U.S. until 1876 when the coin’s silver content fell to less than one dollar. From 1878 to 1885, trade dollars were minted only in proof sets, then discontinued. trade draft. See draft, trade dress. Trademarks. The overall appearance and image in the marketplace of a product or a commercial enterprise. • For a product, trade dress typically comprises packaging and labeling. For an enterprise, it typically comprises design and decor. If a trade dress is distinctive and nonfunctional, it may be protected under trademark law. —- Also termed get-up; look and feel. [Cases: Trademarks C=>106L] “The ‘trade dress’ of a product is essentially its total image and overall appearance. It ‘involves the total image of a product and may include features such as size, shape, color or color combinations, texture, graphics, or even particular sales techniques.'” Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 765 n.l, 112 S.Ct. 2755, 2755 n.l (1992). trade embargo. See embargo (3). trade fixture. See fixture. trade gap. See trade deficit under deficit. trade guild. See guild (1). trade libel. Trade defamation that is written or recorded. See libel; trade defamation under defamation; disparagement (3). Cf. trade slander under slander. [Cases: Libel and Slander 0^130.] trademark, n. (1838) 1. A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others. • The main purpose of a trademark is to designate the source of goods or services. In effect, the trademark is the commercial substitute for one’s signature. To receive federal protection, a trademark must be (1) distinctive rather than merely descriptive or generic; (2) affixed to a product that is actually sold in the marketplace; and (3) registered with the U.S. Patent and Trademark Office. In its broadest sense, the term trademark includes a servicemark. Unregistered trademarks are protected under common-law only, and distinguished with the mark “TM.” — Often shortened to mark. Cf. servicemark. [Cases: Trademarks C=>iO2I.] 2. The body of law dealing with how businesses distinctively identify their products. — Abbr. TM. See lanham act. Cf. servicemark; registered trademark; brand; tradename. “The protection of trade-marks Is the law's recognition of the psychological function of symbols. If it is true that we live by symbols, it is no less true that we purchase goods by them. A trade-mark is a merchandising shortcut which induces a purchaser to select what he wants, or what he has been led to believe he wants. The owner of a mark exploits this human propensity by making every effort to impregnate the atmosphere of the market with the drawing power of a congenial symbol. Whatever the means employed, the aim is the same — to convey through the mark, in the minds of potential customers, the desirability of the commodity upon which it appears. Once this is attained, the trade-mark owner has something of value. If another poaches upon the commercial magnetism of the symbol he has created, the owner can obtain legal redress.” Mishawaka Rubber & Woolen Mfg. Co. v. S.S. Kresge Co., 316 U.S. 203, 205, 62 S.Ct. 1022, ,024 (1942) (Frankfurter, J.). “A trademark functions on three different levels: as an indication of origin or ownership, as a guarantee of constancy of the quality or other characteristics of a product or service, and as a medium of advertisement. Thus, a trademark guarantees, identifies, and sells the product or service to which it refers. These three facets of a trademark — of differing importance at different times, in different lines of business and for different products or services - are somewhat correlative. The classical function, that of identification, has been primarily responsible for molding the development of trademark law. The significance of the guarantee function has been somewhat exaggerated, while the implications of the advertisement function still await full recognition in the law." 3 Rudolf Callmann, The Law of Unfair Competition, Trademarks and Monopolies § 17.01, at 2 (4th ed. 1998). abandoned trademark. A mark whose owner has discontinued using it and has no intent to resume using it in the ordinary course of trade, or has allowed it to become a generic term or otherwise to lose its distinctive significance. • Under § 45 of the Lanham Act, nonuse of a mark for three consecutive years is prima facie evidence of abandonment. The owner of an abandoned mark has no trademark rights to exclude others from using it. — Also termed abandoned mark. [Cases: Trademarks 0^1153,1155.] arbitrary trademark. A trademark containing common words that do not describe or suggest any characteristic of the product to which the trademark is assigned. • Because arbitrary marks are neither descriptive nor suggestive of the goods or services in connection with which they are used, they are inherently distinctive, require no proof of secondary meaning, and are entitled to strong legal protection. A name that would be generic if used with one product may be arbitrary if used with another. For example, “Bicycle” may be registered to identify playing cards, but it could not be protected as a mark to identify bicycles. — Also termed arbitrary mark', arbitrary name. [Cases: Trade Regulation C— 1039.] certification trademark. A word, symbol, or device used on goods or services to certify the place of origin, material, mode of manufacture, quality, or other characteristic. See 15 USCA § 1127. — Also termed certification mark. Cf. collective trademark. [Cases: Trademarks 0^1066.] coined trademark. See fanciful trademark. collective trademark. (1941) A trademark or servicemark used by an association, union, or other group either to identify the group’s products or services or to signify membership in the group. • Collective marks — such as “Realtor” or “American Peanut Farmers” — can be federally registered under the Lanham Act. — Also termed collective mark. Cf. certification trademark. [Cases: Trademarks 0=1067.] Community trademark. A trademark registered with the European Union Trademark Office and recognized in all EU countries. — Also termed Community mark. [Cases: Trademarks C:=> 1261.] composite trademark, (kam-poz-it mahrk). A trademark or servicemark made up of several words that form a distinctive whole, even if the individual words are ordinary. • Advertising slogans are often protectable as composite marks. A trademark registrant can establish ownership in the whole mark, but must disclaim ownership in any unregistrable parts. — Also termed composite mark; hybrid mark; hybrid trademark. [Cases: Trademarks <0^1058.] counterfeit trademark. A spurious mark that is identical to, or substantially indistinguishable from, a registered trademark. 15 USCA § 1116(d)(1)(B). — Also termed counterfeit mark. [Cases: Trademarks CCs 1432, 1787.] descriptive trademark. A trademark that is a meaningful word in common usage or that merely describes or suggests a product. • This type of trademark is entitled to protection only if it has acquired distinctiveness over time. — Also termed descriptive mark; weak mark; weak trademark. See secondary meaning. [Cases: Trademarks O-7'T035.] “The bar against descriptive marks simply reflects the requirement of distinctiveness. 15 U.S.C.A. § 1052(e)(1). It often is said that a mark should not be analyzed in a piecemeal fashion. Instead, the mark as a whole must be tested for descriptiveness or secondary meaning. A mark that merely describes a product cannot possibly distinguish one producer from another. As an obvious example, ‘apple’ would be a descriptive name for that fruit, and, as a mark, would serve only to confuse the consumer, for it would tell nothing about the different origins of a selection of apples produced by different producers. Moreover, to allow an owner to pre-empt the term ‘apple1 would afford the owner a monopoly of something that is necessary to describe the goods for sale.” Arthur R. Miller & Michael H. Davis, Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell 163 (2d ed. 1990). disparaging trademark. A trademark that tends to bring a person or class of people into contempt or disrepute. • Section 2(a) of the Lanham Act prohibits the registration of disparaging marks. 15 USCA § 1052(a). — Also termed disparaging mark. See prohibited and reserved trademark. [Cases: Trademarks O1073.] distinctive trademark. A very strong trademark, one that consumers immediately and consistently associate with specific goods and services. • Distinctive trademarks are usu. fanciful, arbitrary, or suggestive, but descriptive trademarks and common names can become distinctive if they become so well known as to acquire a secondary meaning. — Also termed distinctive mark. [Cases: Trademarks 0-4029.] evocative trademark. See suggestive trademark, famous trademark. A trademark that not only is dis- tinctive but also has been used and heavily advertised or widely accepted in the channels of trade over a long time, and is so well known that consumers immediately associate it with one specific product or service. • Only famous marks are protected from dilution. Eight nonexclusive statutory factors are often used in determining whether a particular mark is famous. See 15 USCA § 1125 (c)(l)(A)-(H). — Also termed famous mark. [Cases: Trademarks 1468.] fanciful trademark. A trademark consisting of a made-up or coined word; a distinctive trademark or tradename having no independent meaning. • This type of mark is considered inherently distinctive and thus protected at common law, and is eligible for trademark registration from the time of its first use. — Also termed fanciful mark; fanciful term; coined trademark; coined mark; coined term. [Cases: Trademarks O?T039.] “Arbitrary or fanciful marks convey nothing about the nature of the product except through knowledge of the market. For instance, Kodak conveys nothing about photographic equipment except to those knowledgeable about that trade.” Arthur R. Miller & Michael H, Davis, Intellectual Property in a Nutshell 168 (2d ed. 1990). geographically descriptive trademark. A trademark that uses a geographic name to indicate where the goods are grown or manufactured. • This type of mark is protected at common law, and can be registered only on proof that it has acquired distinctiveness over time. — Also termed geographically descriptive mark. See secondary meaning. [Cases: Trademarks O1047.] house trademark. A trademark that identifies a company, a division of a company, or a company’s product line as the source of a product or service. • A house mark and a product mark often appea r together on a label. — Also termed house mark. CL product trademark. [Cases: Trademarks C--“ 1060,] hybrid trademark. See composite trademark, product trademark. A tradema rk that identifies a single good or service, rather than the producing company, a division of a company, or a product line. • A product mark and a house mark often appear together on a label. — Also termed product mark. Cf. house trademark. [Cases: Trademarks 1022.] prohibited and reserved trademark. A mark that is not protected under the Lanham Act because it either fall into an expressly excluded category or else is similar to a mark granted by statute to another. 15 USCA § 1052. — Also termed prohibited and reserved mark. [Cases: Trademarks C=4243.] pure trademark. See technical trademark, registered trademark. A trademark that has been filed and recorded with the Patent and Trademark Office. • A federally registered trademark is usu. marked by the symbol or a phrase such as “Registered U.S. Patent & Trademark Office” so that the trademark owner can potentially collect treble damages or the defendant’s profits for an infringement. If the symbol is not used, the owner can collect these damages or profits only by proving that the defendant actually knew that the mark was registered. — Also termed registered mark. Cf. servicemark. [Cases: Trademarks O 1240.| strong trademark. An inherently distinctive trademark that is used — usu. by the owner only — in a fictitious, arbitrary, and fanciful manner, and is therefore given greater protection than a weak mark under the trademark laws. — Also termed strong mark. [Cases: Trademarks CU-4033.] sug^estipe trademark. A trademark that suggests rather than describes the particular characteristics of a product, thus requiring a consumer to use imagination to draw a conclusion about the nature of the product. • A suggestive trademark is entitled to protection without proof of secondary meaning. — Also termed evocative mark-, suggestive mark; suggestive name. See secondary meaning. [Cases: Trademarks €=>1038.] technical trademark. A mark that satisfies all the elements of a common-law trademark. • The essential elements of a technical trademark are as follows: (1) its use to designate a commercial source would not interfere with anyone else’s right to use the mark; (2) it must primarily identify the source, rather than the product's category or grade of quality; (3) it must be attached to the product, label, or collateral materials rather than merely used in advertising; and (4) its use must not undermine some public policy, as by being scandalous or deceptive. — Also termed pure trademark; technical mark; true trademark. [Cases: Trademarks C—1039.] true trademark. See technical trademark, weak trademark. See descriptive trademark. Trademark Act of 1946. See lanham act. trademark application. A mark owner’s written request, filed with the U.S. Patent and Trademark Office, for federal registration of a mark, accompanied by a sample of the mark to be protected and the filing fee. • The application may describe either an existing mark that is in use or a proposed mark. — Also termed servicemark application. [Cases; Trademarks' .- - 1282. combined application. An application to register a mark to be used in more than one class of goods or services. • A combined application is given a single serial number, but it is examined as if it were a set of distinct single applications. Separate filing fees must be paid for each class. — Also termed multiple-class application. [Cases: Trademarks 0-4282.] intent-to-use application. An application filed with the U.S. Patent and Trademark Office to protect a trademark or servicemark that is not currently in commercial use but whose owner has a bona fide intent to use the mark commercially in the foreseeable future. • Trademark rights have traditionally been restricted to marks actually used in trade, but a 1988 amendment to the Lanham Act permitted applications to be filed before actual use begins if the mark otherwise qualifies for the Principal Register. 15 USCA § 1051(b). See principal register. [Cases: Trademarks O^ 1284.] multiple-class application. See combined application. trademark-application amendment. A proposed modification to a registered trademark or to an application for trademark registration. [Cases: Trademarks CO’ 1251,1282.] amendment of registration. Trademarks. Amendment of an existing trademark registration to make minor changes in the design of a mark to reflect how the mark is actually used. • The U.S. Patent and Trademark Office permits an amendment of registration only if it does not materially alter the character of the mark. The PTO amends a registration by attaching to the printed registration a printed certificate showing the amendment. — Also termed amendment of mark in registration. [Cases: Trademarks <O'1251.] amendment to allege use. Trademarks. A supplement to a trademark applicant’s intent-to-use application filed to inform the U.S. Patent and Trademark Office that a trademark is actually in use in interstate commerce. • The form is titled “Allegation of Use for Intent to Use Application." — Abbr. AAU. — Also termed statement of use; allegation of use. See declaration of use. [Cases: Trademarks 1284.] amendment to different register. Trademarks. An amendment to an application for registration on the Principal Register, requesting that the mark instead be placed on the supplemental register. [Cases: Trademarks C=4283.] trademark class. Any one of 42 international trademark-protection categories, each comprising similar goods or services. • There are 34 goods classes and 8 services classes, A trademark is protected in each class that is relevant to the product’s or service’s business area. [Cases; Trademarks O^11369.] Trademark Cyberpiracy Prevention Act. See anticyBERSQUATTING consumer protection act. Trademark Electronic Application System. A method of applying to the U.S. Patent and Trademark Office for a trademark over the Internet. • The system is available at http://www.uspto.gov/teas/index.html. — Abbr. TEAS. trademark infringement. See infringement. Trademark Law Treaty. A 1994 treaty that reduces barriers to applying for and registering trademarks internationally, and establishes a model international-trademark-registration form acceptable by all signatory nations. • The United States is a party to the treaty. [Cases: Trademarks 1236.] Trademark Manual of Examining Procedure. Trademarks, Tire U.S. Patent and Trademark Office book containing guidelines and procedures for trademark examiners. — Abbr. TMEP. [Cases: Trademarks C-1280.] Trademark Office. See united states patent and TRADEMARK OFFICE. trademark-registration notice. A notice that a mark is protected by registration with the U.S. Patent and Trademark Office, showm by placing a symbol next to the mark. • In the U.S., the R-within-a-circle symbol (*) is common but the legend “Reg. U.S. Pat. Off.” is acceptable. Only federally registered marks may use this notice. [Cases: Trademarks C~-1250.] Trademark Trial and Appeal Board. An administrative body that hears and decides disputes involving trademark ownership, conflicts between marks, and registrability of marks. — Abbr. TTAB. [Cases: Trademarks [1313/ “No judicial body has administered our trademark laws with more regularity than the Trademark Trial and Appeal Board .... the administrative tribunal of the U.S. Patent and Trademark Office that decides trademark proceedings. Established by Congress in 1958, the Board has seen its caseload increase dramatically over time, reflecting the growing importance of trademarks in our competitive marketplace.” 1 Jeffery A. Handelman, Guide to TTAB Practice § 1.01, at 1-3 (2008). trade meaning. See secondary meaning. tradename. Intellectual property. 1. A name, style, or symbol used to distinguish a company partnership, or business (as opposed to a product or service); the name under which a business operates. • A tradename is a means of identifying a business — or its products or services — to establish goodwill. It symbolizes the business’s reputation. Cf. brand; d/b/a; trademark. [Cases: Trademarks C~ 1026.] 2. A trademark that was not originally susceptible to exclusive appropriation but has acquired a secondary meaning. — Also termed brand name; commercial name, trade or business. Tax. Any business or professional activity conducted by a taxpayer with the objective of earning a profit, • If the taxpayer can show that the primary purpose and intention is to make a profit, the taxpayer may deduct certain expenses as trade-or-business expenses under the Internal Revenue Code, [Cases: Internal Revenue <C~3314.1 -3318,] trade practice. A customary way of doing business; esp., a method of using specifications for size, thickness, shape, or quality adopted within a given industry. [Cases: Customs and Usages C--9.] trade price. See price. trader. 1. A merchant; a retailer; one who buys goods to sell them at a profit. 2. One who sells goods substantially in the form in which they are bought; one who has not converted them into another form of property by skill and labor. 3. One who, as a member of a stock exchange, buys and sells securities on the exchange floor either for brokers or on his or her own account. 4. One who buys and sells commodities and commodity futures for others or for his or her own account in anticipation of a speculative profit. Trade-Related Aspects of Intellectual Property Rights. See trips. trader’s settlement. See settlement (i). trades council. See trade council. trade secret. (1862) 1. A formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors; information — including a formula, pattern, compilation, program, device, method, technique, or process — that (1) derives independent economic value, actual or potential, from not being generally known or readily ascertainable by others who can obtain economic value from its disclosure or use, and (2) is the subject of reasonable efforts, under the circumstances, to maintain its secrecy. • This definition states the majority view, which is found in the Uniform Trade Secrets Act. [Cases: Antitrust and Trade Regulation 0=^413.] 2. Information that (1) is not generally known or ascertainable, (2) provides a competitive advantage, (3) has been developed at the plaintiff s expense and is used continuously in the plaintiffs business, and (4) is the subject of the plaintiffs intent to keep it confidential. • This definition states the minority view, which is found in the Restatement of Torts § 757 cmt. b (1939). [Cases: Antitrust and Trade Regulation 0-^413.] "So long as the owner of a secret keeps it a secret he has a monopoly. While equity affords protection to trade secrets against betrayal by those under contract or in confidential relations with the owners of the secret, there is no difference between contracts as to trade secrets and contracts as to any other personal property, as far as restraint of trade is concerned." Harry D. Nims, The Law of Unfair Competition and Trade-Marks 406 (1929). “The concept of protecting trade secrets is related to the principles of trademark and patent law.The scope of trade secret protection, however, goes well beyond that of patent law. Unlike patent law, protection under trade secret law is not tied to the information's novelty, rather, the essence of a trade secret is its relative secrecy. Additionally, unlike patent law, trade secret law draws less from property principles, and more from the equitable principles surrounding confidential relationships," Mark A. Rothstein et al., Employment Law § 8.18, at 516 (1994). “The difficulty with defining ‘trade secrets’ in the abstract is that there are so many ways to go about it. In large part, this is a reflection of the fact that the law of trade secrets, unlike the law of patents or copyright, is a creature of the common law rather than of statute. In trying to impose a moral solution on cases of apparent breach of confidence, judges have juggled competing policy interests while trying to draw a line of protection that would lead to the result that they believed was right.... In other words, the development of trade secret law has been a bit chaotic . . . James Pooley, Trade Secrets § 1,01, at 1-1 to 1-3 (1998). trade slander. See slander. tradesman (traydz-man), n. 1. One who buys and sells things for profit; esp., a shopkeeper. 2. A shopkeeper’s employee. 3. A mechanic or artisan whose livelihood depends on manual labor; one who is skilled in a trade. — Also termed tradesperson. trade surplus. See surplus. trade union. See union. trade usage. See usage. trading. The business of buying and selling, esp. of commodities and securities. [Cases: Commodity Futures Trading Regulation C^ll; Securities Regulation 35.10-67.15.] day trading. The act or practice of buying and selling stock shares or other securities on the same day, esp. over the Internet, usu. for the purpose of making a quick profit on the difference between the buying price and the selling price, secondary trading. The buying and selling of securities in the market between members of the public, involving neither the issuer nor the underwriter of the securities. short-term trading. Investment in securities only to hold them long enough to profit from market-price fluctuations. [Cases: Securities Regulation 0^53.10-53.22.] trading corporation. See corporation. trading curb. A temporary restriction on trading in a particular security to curtail dramatic price movements. — Sometimes shortened to curb. Cf. trading HALT. trading halt. A temporary suspension of trading in a particular security for a specific reason, such as an order imbalance or a pending news announcement. • Options can be exercised during a trading halt, and open orders may be canceled. — Also termed suspended trading. Cf. trading curb. trading partnership. See partnership. trading voyage. See voyage. trading with the enemy. The federal offense of carrying on commerce with a nation or with a subject or ally of a nation with which the United States is at war. [Cases: War and National Emergency ' [ 514. traditio (tra-dish-ee-oh), n. [Latin] Roman law. The simple delivery of a piece of property by one person to another with the intention of transferring ownership. • This was the simplest form of transfer, and ultimately it was applied to land as well as movables. Constructive delivery was developed. — Also termed traditio rei. See brevi manu; consitutum possessorium. PL traditiones (tra-dish-ee-oh-neez). traditio brevi manu (tra-dish-ee-oh bree -vi man-yoo). [Latin] Roman law. The surrender of the mediate possession of a thing to the person who is already in immediate possession of it. • This is a type of constructive delivery in which a delivery to the mediate possessor and redelivery to the immediate possessor are unnecessary. See brevi manu. For the other two types of constructive delivery, see attornment; constitutum possessorium. “The first [type of constructive delivery] is that which the Roman lawyers termed traditio brevi manu, but which has no recognised name in the language of English law.... If, for example, I lend a book to someone, and afterwards, while he still retains it, I agree with him to sell it to him, or to make him a present of it, I can effectually deliver it to him in fulfilment of this sale or gift, by telling him that he may keep it. It is not necessary for him to go through the form of handing it back to me and receiving it a second time from my hands.” John Salmond, Jurisprudence 306 (Glanville L. Williams ed., 10th ed. 1947). traditio longa manu (tra-dish-ee-oh long-ga man-yoo). [Latin] Roman law. See constitutum possessorium. tradition, (14c) 1, Past customs and usages that influence or govern present acts or practices. [Cases: Customs and Usages \]L^ 10.] 2. The delivery of an item or an estate. traditional public forum. See public forum. traditional surrogacy. See surrogacy. traditionary evidence. See evidence. traditio rei. See traditio. trado tibi ecclesiam (trad oh tib i e-klee-z[h]ee-am). [Law Latin] Hist. Eccles, law & Scots law. I deliver this church (or living) to you. • A patron uttered this phrase when presenting an incumbent to a vacant church. Cf. ACCIPE ECCLESIAM. traduce (tra-d.[y]oos), vb. (16c) To slander; calumniate. — traducement, n. traffic, n. (16c) 1. Commerce; trade; the sale or exchange of such things as merchandise, bills, and money. 2. The passing or exchange of goods or commodities from one person to another for an equivalent in goods or money. 3. People or things being transported along a route. 4. The passing to and fro of people, animals, vehicles, and vessels along a transportation route. traffic, vb. To trade or deal in (goods, esp. illicit drugs or other contraband) ctrafhcking in heroin>. [Cases: Controlled Substances 0^32, 82.] — trafficking, n. — trafficker, n. traffic balance. The balance of moneys collected in payment for transporting passengers and freight. traffic court. See court. trafficking. The act of transporting, trading, or dealing, esp. in people or illegal goods. Cf. people-smuggling; smuggling. drug trafficking. The act of illegally producing, importing, selling, or supplying significant amounts of a controlled substance. [Cases: Controlled Substances 0-32, 82.] human trafficking, Ihe illegal recruitment, transportation, transfer, harboring, or receipt of a person, esp. one from another country, with the intent to hold the person captive or exploit the person for labor, services, or body parts. • Human-trafficking offenses include forced prostitution, forced marriages, sweat-shop labor, slavery, and harvesting organs from unwilling donors. — Also termed trafficking in persons. Cf. people-smuggling;, organ trafficking. organ trafficking. Illegal trafficking in human body parts, esp. transplantable organs that are offered to the h ighest bidder or that have been harvested without the consent of the donor or the donor’s next of kin. • In international law, organ trafficking is broadly included in the offense of human trafficking. — Also termed trafficking in persons. Cf. human trafficking. trafficking in persons. 1. See human trafficking. 2. See organ trafficking. trafficking in persons. See trafficking, traffic regulation, A prescribed rule of conduct for traffic; a rule intended to promote the orderly and safe flow of traffic. [Cases: Automobiles C=>5(5)1 7, 335.] trailer clause. An employee’s promise to assign to the employer the rights to all inventions developed while employed and for a specified time afterward. • For the covenant to be enforceable, the time restriction must be reasonable. — Also termed holdover clause. traitor, n. 1. A person who commits treason against his or her country. [Cases: Treason '. '10. 2. One who betrays a person, a cause, or an obligation. — traitorous, adj. tramp, n. 1. A person who roams about from place to place, begging or living without labor or visible means of support; a vagrant. 2. tramp steamer. tramp corporation. See corporation. tramp steamer. A ship that is not scheduled to sail between prearranged ports of call but that stops at those ports for which it has cargo. • A tramp steamers typically carries bulk cargoes such as oil, grain, coal, steel, iron ore, or lumber, and is contracted with a char-terparty rather than a bill of lading, — Offen shortened to tramp. tranche (transh), n. [French “slice”] Securities. 1. A bond issue derived from a pooling of similar debt obligations. • A tranche usu. differs from other issues by maturity date or rate of return. 2. A block of bonds designated for sale in a foreign country. — Also spelled tranch; trench. See COLLATERALIZED MORTGAGE OBLIGATION. transact, vb. 1. To carry on or conduct (negotiations, business, etc.) to a conclusion <transact business;*. 2. Civil law. To settle (a dispute) by mutual concession. See transaction (4). 3. To carry on or conduct negotiations or business <refuses to transact with the enemy>. transactio (tran-sak-shee-oh), n. [Latin “compromise”] Roman law. The renunciation of a contested claim or defense in litigation in consideration of a quid pro quo. Pl. transactiones (tran-sak-shee-oh-neez). transaction, n. (17c) 1. The act or an instance of conducting business or other dealings; esp., the formation, performance, or discharge of a contract. 2. Something performed or carried out; a business agreement or exchange. 3. Any activity involving two or more persons, 4. Civil law. An agreement that is intended by the parties to prevent or end a dispute and in which they make reciprocal conces,sions. La. Civ. Code art. 3071. — transactional, adj. arm’s-length transaction. 1. A transaction between two unrelated and unaffiliated parties. 2. A transaction between two parties, however closely related they may be, conducted as if the parties were strangers, so that no conflict of interest arises. closed transaction. Tax. A transaction in which an amount realized on a sale or exchange can be established for the purpose of stating a gain or loss. [Cases: Internal Revenue <03393.] colorable transaction. (18c) A sham transaction having the appearance of authenticity; a pretended transaction <the court set aside the colorable transactions transactional audit. See audit. transactional immunity. See immunity (3). transactional lawyer. 1. See lawyer. 2. See office practitioner. transactional takeover defense. See takeover defense. transaction causation. See causation. transaction cost. See cost (1). transaction-or-occurrencetest. (1957) A test used to determine whether, under Fed. R. Civ. P. 13(a), a particular claim is a compulsory counterclaim. • Four different tests have been suggested: (1) Are the legal and factual issues raised by the claim and counterclaim largely the same? (2) Would res judicata bar a later suit on the counterclaim in the absence of the compulsory-counterclaim rule? (3) Will substantially the same evidence support or refute both the plaintiff’s claim and the counterclaim? (4) Are the claim and counterclaim logically related? See compulsory counterclaim under counterclaim. [Cases: Federal Civil Procedure <0776; Set-off and Counterclaim <060.] transaction slip. See confirmation slip, transcarceration. (1987) The movement of prisoners or institutionalized mentally ill persons from facility to facility, rather than from a prison or an institution back to the community, as when a prisoner is transferred to a halfway house or to a drug-treatment facility. [Cases: Prisons 13.3, 13.5.] transcribe, vb. (16c) To make a written or typed copy of (spoken material, esp. testimony), transcript, n. (14c) A handwritten, printed, or typed copy of testimony given orally; esp., the official record of proceedings in a trial or hearing, as taken down by a court reporter. — Also termed report of proceedings; reporter’s record. [Cases: Appeal and Error <0 593 611; Criminal Law O> 1104; Federal Courts <O"694.] transcription. (16c) 1. The act or process of transcribing. 2. Something transcribed; a transcript, transcript of proceedings. A compilation of all docu- ments relating to a bond issue, typically including the notices, affidavits of notices, a bond resolution (or bond ordinance), official statement, trust indenture and loan agreements, and minutes of meetings of all authorizing bodies. transeunt cum universitate (tran-see-ant kam yoo-ni-var-sa-tay-tee). [Latin] Hist. They are transferred with the whole estate. transfer, n. (14c) 1. Any mode of disposing of or parting with an asset or an interest in an asset, including a gift, the payment of money, release, lease, or creation of a lien or other encumbrance. • The term embraces every method — direct or indirect, absolute or conditional, voluntary or involuntary — of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debtor’s equity of redemption. 2. Negotiation of an instrument according to the forms of law. • The four methods of transfer are by indorsement, by delivery, by assignment, and by operation of law. [Cases: Bills and Notes Ol 76-222.] 3. A conveyance of property or title from one person to another. [Cases: Bills and Notes 0176-222.] colorable transfer. A sham transfer having the appearance of authenticity; a pretended transfer. See illusory-transfer doctrine. [Cases: Fraudulent Conveyances 109,131.1.] constructive transfer. (1852) A delivery of an item — esp. a controlled substance — by someone other than the owner but at the owner’s direction. [Cases: Controlled Substances <C=>32, 82.] incomplete transfer. Tax. A decedent’s inter vivos transfer that is not completed for federal estate-tax purposes because the decedent retains significant powers over the property’s possession or enjoyment. • Because the transfer is incomplete, some or all of the property’s value will be included in the transferor’s gross estate. IRC (26 USCA) §§ 2036-2038. [Cases: Internal Revenue <C=>4159(3).] inter vivos transfer (in-tar vi-vohs or vee-vohs). (1930) A transfer of property made during the transferor’s lifetime. testamentary transfer. A transfer made in a will. • The transfer may be of something less than absolute ownership. Cf. testamentary gift under gift. [Cases: Wills 086.] transfer in contemplation of death. See gift causa mortis under gift. transfer in fraud of creditors. (1883) A conveyance of property made in an attempt to prevent the transferor’s creditors from making a claim to it. [Cases: Fraudulent Conveyances Q - 1.] transfer, vb. (14c) 1. To convey or remove from one place or one person to another; to pass or hand over from one to another, esp. to change over the possession or control of. 2. To sell or give. transferable (trans-far-a-bal), adj. (14c) Capable of being transferred, together with all rights of the original holder. transferable letter of credit. See letter of credit. transferable vote. See single transferable vote under vote (i). transfer agent. See agent (2). transfer-agent-run dividend-reinvestment plan. See dividend-reinvestment plan. transferee. One to whom a property interest is conveyed. transferee liability. (1951) Tax. The liability of a transferee to pay taxes owed by the transferor. • This liability is limited to the value of the asset transferred. The Internal Revenue Service can, for example, force a donee to pay the gift tax when the donor who made the transfer cannot pay it. IRC (26 USCA) §§ 69016905. [Cases: Internal Revenue O '4817; Taxation :O 3480.] transference. Scots law. The act of substituting a representative for a deceased litigant in a pending action. • This is similar to the common law’s substitution of parties. transfer hearing. See hearing. transfer in fraud of creditors. See transfer. transfer of a case. (1843) The removal of a case from the jurisdiction of one court or judge to another by lawful authority. — Also termed transfer of a cause. See removal (2). [Cases: Removal of Cases '0 < 16.] transfer of venue. See change of venue. transferor. (1875) One who conveys an interest in property. transfer payment, (usu. pi.) (1945) A governmental payment to a person who has neither provided goods or services nor invested money in exchange for the payment. • Examples include unemployment compensation and welfare payments. [Cases: United States 082(1).] transfer price. See price. transferred intent. See intent (1). transferred-intent doctrine. (1957) The rule that if one person intends to harm a second person but instead unintentionally harms a third, the first person’s criminal or tortious intent toward the second applies to the third as well. • Thus, the offender may be prosecuted for an intent crime or sued by the third person for an intentional tort. See intent, [Cases: Assault and Battery O-3, 49; Homicide C -555, 702; Torts C=115.J transferred malice. See malice. transfer statute. A provision that allows or mandates the trial of a juvenile as an adult in a criminal court for a criminal act, • Every state has some form of transfer statute. The Supreme Court has held that a juvenile cannot be transferred to criminal court under a discretionary statute “without ceremony — without hearing, without effective assistance of counsel, without a statement of reasons.” Kent v. United States, 383 U.S. 541, 554, 86 S.Ct. 1045,1053-54 (1966), [Cases: InfantsO 68.7.] automatic-transfer statute. A law requiring the transfer from delinquency court to criminal court for certain statutorily enumerated offenses if certain statutory requirements are met. [Cases: Infants 68.5, 68.7(2),] discretionary-transfer statute. A law that allows, but does not mandate, the transfer from delinquency court to criminal court for certain statutorily enumerated offenses if certain statutory requirements are met, • The prosecutor has discretion to request the transfer, and the judge has discretion to order the transfer. [Cases: Infants <0 - 68.7.] reverse transfer statute. A provision that allows a criminal court to return certain cases to juvenile court, [Cases: Infants C^>68.6,] Transfers to Minors Act. See uniform transfers to MINORS ACT, transfer tax. See generation-skipping transfer tax under TAX. transfer warranty. See warranty (2). transformative use. Copyright. The use of copyrighted material in a manner, or for a purpose, that differs from the original use in such a way that the expression, meaning, or message is essentially new. • The term was coined by Judge Pierre N. Leval in a 1990 law-review article entitled Toward a Fair Use Standard, 103 Harv. L. Rev, 1105, 1111 (1990). The concept was first applied by the U.S. Supreme Court in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 114 S.Ct. 1164 (1994). The Court held that the transformative use in that case was a fair, noninfringing use of the plaintiff’s copyright. [Cases: Copyrights and Intellectual Property 053.2.] transgenic (tranz-jen-ik), adj. Patents. Of, relating to, or describing a living organism that has been genetically altered by introducing recombinant DNA from another organism. transgress, vb. 1. To exceed the limits of (a law, rule, regulation, etc.); to break or violate. 2. To pass over (limits, boundaries, etc.). — transgressor, n. transgression. Archaic. See misdemeanor. transgressione, ad audiendum et terminandum (trans- gres[h]-ee-oh-nee, ad aw-dee-en-dam et tar-ma-nan- dam). See de transgressione, ad audiendum et TERMINANDUM, transgressive trust. See trust. transient (tran-shant), adj. (16c) Temporary; impermanent; passing away after a short time. transient, n. 1. A person or thing whose presence is temporary or fleeting. 2. transient person. transient foreigner. One who visits a country without the intent to remain. transient jurisdiction. See jurisdiction. transient merchant. A trader who sells merchandise at a temporary location without intending to become a permanent merchant in that place. [Cases: Licenses 015(2).] transient person. (18c) One who has no legal residence within a jurisdiction for the purpose of a state venue statute. — Also termed transient. [Cases: Venue <O 18.] transit, n. (15c) 1. The transportation of goods or persons from one place to another. [Cases: Insurance 2137(3).] 2. Passage; the act of passing. transitional alimony. See rehabilitative alimony under ALIMONY. transition phrase. Patents. In a patent claim, the word or phrase that relates the preamble to the body. • The transition is often the term “comprising,” “having,” “including,” “consisting of,” or “consisting essentially of.” Cf. PREAMBLE (2); BODY OF A CLAIM. transitive covenant. See covenant (1). transitory (tran-sa-tor-ee or tran-za-), adj. (14c) Passing from place to place; capable of passing or being changed from one place to another. transitory action. See action (4). transitory treaty. See treaty (1). transitory wrong. See wrong. transit passage. Int’l law. The right of a vessel or airplane to exercise freedom of navigation and overflight solely for the purpose of continuous and expeditious transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. — Also termed right of transit passage. Cf. innocent passage. transit terra cum onere (tran-sit [or tran-zit] ter-a kam on-ar-ee). [Law Latin] Hist. The land passes with its burdens. translation, „. 1. The transformation of language from one form to another; esp., the systematic rendering of the language of a book, document, or speech into another language. “Generally speaking, a translation need not consist of transferring from one language into another; it may apply to the expression of the same thoughts in other words of the same language.” Rasmussen v. Baker, 50 P. 819, 826 (Wyo. 1897). 2. Archaic. The transfer of property. 3. Eccles, law. The removal of a bishop from one diocese to another. translative (trans- or tranz-lay-tiv), adj. Making or causing a transfer or conveyance. translative fact. See fact. transmission. Civil law. The passing of an inheritance to an heir. transmit, vb. (15c) 1. To send or transfer (a thing) from one person or place to another. 2. To communicate, transmittal letter. (1914) A nonsubstantive letter that establishes a record of delivery, such as a letter to a court clerk advising that a particular pleading is enclosed for filing. • Lawyers have traditionally opened transmittal letters with the phrase “Enclosed please find,” even though that phrasing has been widely condemned in business-writing handbooks since the late 19th century. A transmittal letter may properly begin with a range of openers as informal as “Here is” to the more formal “Enclosed is.” — Also termed cover letter. transmutation. A change in the nature of something; esp., in family law, the transformation of separate property into marital property, or of marital property into separate property. [Cases: Divorce C 252.3(3); Husband and Wife 0^249(6).] transnational adoption. See international adoption under adoption. transnational corporation. See multinational corporation under corporation. transnational law. 1. The amalgam of common principles of domestic and international law dealing esp. with problems arising from agreements made between sovereign states and foreign private parties. 2. The problems to which such principles apply. Cf. international law. transparency. Openness; clarity; lack of guile and attempts to hide damaging information. • The word is used of financial disclosures, organizational policies and practices, lawmaking, and other activities where organizations interaction with the public. transport, vb. To carry or convey (a thing) from one place to another. transportation, n. (16c) 1. The movement of goods or persons from one place to another by a carrier. 2. Criminal law. A type of punishment that sends the criminal out of the country to another place (usu. a penal colony) for a specified period. Cf. deportation. Transportation Security Administration. The federal agency charged with promoting safety and security of air, water, rail, and highway transportation. • The agency was created in the Department of Transportation after the terrorist attacks of September 11, 2001, and was transferred to the Department of Homeland Security in 2002. transsexual. A person born with the physical characteristics of one sex but who has undergone, or is preparing to undergo, sex-change surgery. See sex reassignment. transshipment. Maritime law. The act of taking cargo out of one ship and loading it on another. • Transshipment may also involve transfer of cargo to another mode of transportation, such as rail or truck.[Cases: Shipping 'Cn 112.] — transship, vb. transvestitive fact. See fact. trap, n. (bef. 12c) 1. A device for capturing living creatures, such as a pitfall, snare, or machine that shuts suddenly. mantrap. A booby-trap; esp., a device to catch a trespasser or burglar. • A mantrap is not illegal if it is designed merely to sound an alarm and not cause bodily harm. Illegal mantraps include manufactured devices such as spring guns, and dangerous hidden conditions (manufactured or natural) that can injure a person, such as pitfalls. — Also spelled man-trap. 2. Any device or contrivance by which one may be caught unawares; stratagem; snare. 3. Torts. An ultrahazardous hidden peril of which the property owner or occupier, but not a licensee, has knowledge. • A trap can exist even if it was not designed or intended to catch or entrap anything. [Cases: Negligence)- 1040(3).| trashing, deconstruction. trauma-pricing. See drama-pricing. travauxpreparatoires (tra-voh pray-par-a-twah[r]z). [French “preparatory works”] Materials used in preparing the ultimate form of an agreement or statute, and esp. of an international treaty; the draft or legislative history of a treaty. See legislative history. travel-accident insurance. See insurance. Travel Act. A federal law, enacted in 1961, that prohibits conduct intended to promote, direct, or manage illegal business activities in interstate commerce. • This statute was enacted to create federal jurisdiction over many criminal activities traditionally handled by state and local governments to help those jurisdictions cope with increasingly complex interstate criminal activity. 18 USCA § 1952. [Cases: Commerce 'C— 82.10.] traveled place. (1894) A place where the public has, in some manner, acquired the legal right to travel. traveler, n. A person who passes from place to place, for any reason. traveler’s check. See check. traveler’s letter of credit. See letter of credit. travel expense. See expense. traverse (trav-ars), n. (15c) Common-law pleading. A formal denial of a factual allegation made in the opposing party’s pleading <Smith filed a traverse to Allen’s complaint, asserting that he did not knowingly provide false informations See denial. [Cases: Pleading 'C— 112-129.] — traverse (trav-ars or tra-vars), vb. “It is said that the technical term traverse, from transverto, to turn over, is applied to an issue taken upon an indictment for a misdemeanor, and means nothing more than turning over or putting off the trial to a following session or assize; and that thus it is that the officer of the court asks the party whether he is ready to try then, or will traverse to the next session; though some have referred its meaning originally to the denying or taking issue upon an indictment, without reference to the delay of trial, and which seems more correct.1' 1 Joseph Chitty, A Practical Treatise on the Criminal Law 486 (2d ed. 1826). common traverse. (1841) A traverse consisting of a tender of issue — that is, a denial accompanied by a formal offer for decision of the point denied — with a denial that expressly contradicts the terms of the allegation traversed. — Also termed specific traverse. [Cases: Pleading O3117.] “The common or specific traverse is an express denial of a particular allegation in the opposing pleading in the terms of the allegation, accompanied by a tender of issue or formal offer of the point denied for trial.1' Benjamin J. Shipman, Handbook of Common-Law Pleading § 168, at 303 (Henry Winthrop Ballantine ed., 3d ed. 1923). cumulative traverse. (1848) A traverse that analyzes a proposition into its constituent parts and traverses them cumulatively, • It amounts to the same thing as traversing the one entire proposition, since the several parts traversed must all make up one entire proposition or point. general traverse. (17c) A denial of all the facts in an opponent’s pleading. special traverse. (18c) A denial of one material fact in an opponent’s pleading; a traverse that explains or qualifies the denial. • The essential parts of a special traverse are an inducement, a denial, and a verification. [Cases: Pleading 0-118.] specific traverse. See common traverse. traverse jury. See petit jury under jury. traverser, n. (14c) One who traverses or denies a pleading. traverse the requirement, vb. Patents. To (1) respond in detail to a patent examiner’s decision that the patent application claims more than one invention and (2) ask that the restriction requirement be reconsidered. • The traverse must specifically explain why restriction should not be required, not merely assert that the requirement is wrong. Failure to traverse a requirement forfeits any rights to appeal the decision, [Cases: Patents C=T04.] treachery, n. A deliberate and willful betrayal of trust and confidence. treason, n. (13c) The offense of attempting to overthrow the government of the state to which one owes allegiance, either by making war against the state or by materially supporting its enemies. — Also termed high treason; altaproditio. Cf. sedition. [Cases: Treason 1J — treasonable, treasonous, adj. “The judgment of high treason was, until very lately, an exception to the merciful tenor of our judgments. The least offensive form which is given In the books is, that the offender ‘be carried back to the place from whence he came, and from thence to be drawn to the place of execution, and be there hanged by the neck, and cut down alive, and that his entrails be taken out and burned before his face, and his head cut off, and his body divided into four quarters, and his head and quarters disposed of at the king's pleasure.1 Some of the precedents add other circumstances, of still mare grossness and aggravation. But this horrible denunciation was very seldom executed in its more terrible niceties.” 1 Joseph Chitty, A Practical Treatise on the Criminal Law 702 (2d ed. 1826). “[S]everal important characteristics marked off high treason from all other crimes. For one thing, it earned a peculiarly ghastly punishment. For another, it was ‘unclergyable,' while every felony was 'clergyable' unless some statute had otherwise ordained. Thirdly, while the felon’s land escheated to his lord, the traitor’s land was forfeited to the king. This last distinction influenced the development of the law.” 2 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward 1500 (2d ed. 1899). “Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." U.S. Const, art. Ill, § 3. constructive treason. 1. Speech that manifests a desire or intent to make war against the state or materially support an enemy, even though the speech is unaccompanied by acts that further the desire or intent. • There is no crime of constructive treason in U.S. law because treason requires an affirmative act, and intent alone cannot substitute for an act. Cf. sedition. [Cases: Treason O^T.] 2. Hist. Speech that is critical of the government. • This sense arose during the reign of Henry VIII of England. Critical speech remained a capital crime until the early 18th century. petty treason. Archaic. Murder of one’s employer or husband. • Until 1828, this act was considered treason under English law. — Also spelled petit treason. “The frequent reference to high treason is a carry-over from an ancient division of the offense that has long since disappeared. In the feudal stage of history the relation of lord to vassal was quite similar to the relation of king to subject. The relation of husband to wife came to be regarded in the same category, as also did the relation of master to servant, and that of prelate to clergyman. And just as it was high treason to kill the king, so a malicious homicide was pef/ttreason if it involved a killing of (originally, lord by vassal, and later) husband by wife, master by mistress or servant, or prelate by clergyman. When the special brutality provided by the common law for the punishment of petit treason disappeared, this crime became merged with murder and only one crime of treason remained.” Rollin M. Perkins & Ronald N. Boyce, Criminal Low 498-99 (3d ed. 1982), treasonable misdemeanor. English law. An act that is likely to endanger or alarm the monarch, or disturb the public peace in the presence of the monarch. Cf. TREASON FELONY. treason felony, English law. An act that shows an intention of committing treason, unaccompanied by any further act to carry out that intention. • This offense usu, results in life imprisonment rather than the death penalty. Cf. treasonable misdemeanor. Treas. Reg. abbr. treasury regulation. treasurer. An organization’s chief financial officer. • The treasurer's duties typically include prudently depositing (or, if authorized, investing) and safeguarding the organization’s funds and otherwise managing its finances; monitoring compliance with any applicable law relating to such finances and filing any required report; disbursing money as authorized; and reporting to the organization on the state of the treasury. — Also termed finance officer; financial secretary, quartermaster. [Cases; Corporations 0^301.] city treasurer. A local officer who is responsible for managing municipal funds. Treasurer, Lord High. See lord high treasurer. Treasurer of the United States. The officer in the U.S. Department of the Treasury responsible for overseeing the operations of the Bureau of Engraving and Printing and the U.S. Mint. treasure trove. [Law French “treasure found”] (16c) Valuables (usu. gold or silver) found hidden in the ground or other private place, the owner of which is unknown. • At common law in the United States, the finder of a treasure trove can usu. claim good tit le against all except the true owner. But until 1996, any treasure trove found in the United Kingdom belonged to the Crown. "Treasure hid in the earth, not upon the earth, nor in the sea, and coin though not hidden, being found is the king's; we call it treasure trove." Sir Henry Finch, Law, or a Discourse Thereof 177 (1759). “Treasure trove consists essentially of articles of gold and silver, intentionally hidden for safety in the earth or in some secret place, the owner being unknown, although it is probable that the category might include articles made from the required metals buried in the ground for other purposes, for example in connection with an ancient sepulture. In the United States, the state has never claimed title to lost property by virtue of its character as treasure trove, and it has been stated that the law relating thereto is merged with that of lost goods generally, although there is authority for the proposition that while treasure trove in the United States belongs to the finder, found goods not of that character go to the owner of the locus in quo." Ray Andrews Brown, The Law of Personal Property § 13, at 27-28 (2d ed. 1955). Treasuries. (1922) Debt obligations of the federal government backed by the full faith and credit of the government. See treasury bill; treasury bond; treasury certificate; treasury note. [Cases: United States 089-91.] treasury. 1. A place or building in which stores of wealth are kept; esp., a place where public revenues are deposited and kept and from which money is disbursed to defray government expenses. [Cases: United States <O 81.] 2. (cap.) DEPARTMENT. OF THE TREASURY. Treasury, First Lord. See first lord of the treasury". Treasury Bench. In the British House of Commons, the first row of seats on the right hand of the speaker. • The Treasury Bench is occupied by the First Lord of the Treasury or principal minister of the Crown. Treasury bill. (18c) A short-term debt security issued by the federal government, with a maturity of 13, 26, or 52 weeks. • These bills — auctioned weekly or quarterly — pay interest in the form of the difference between their discounted purchase price and their par value at maturity. — Abbr. T-bill. [Cases: United States O89.J Treasury bond. (1858) A long-term debt security issued by the federal government, with a maturity of 10 to 30 years. • These bonds are considered risk-free, but they usu. pay relatively little interest. — Abbr. T-bond, [Cases: United States 0^91.] TIPS bond. A treasury bond whose face value is adjusted to keep pace with the inflation rate. • The acronym TIPS stands for Treasury inflation-protected securities, — Abbr. TIPS. treasury certificate. An obligation of the federal government maturing in one year and on which interest is paid on a coupon basis. [Cases: United States C=>90.[ Treasury Department. See department of the treasury. Treasury inflation-protected securities. See TIPS bond under treasury bond. Treasury note. (18c) An intermediate-term debt security issued by the federal government, with a maturity of two to ten years. • These notes are considered riskfree, but they usu. pay relatively little interest. — Abbr. T-note. [Cases: United States •' 90/ Treasury Regulation. (1860) A regulation promulgated by the U.S. Treasury Department to explain or interpret a section of the Internal Revenue Code. • Treasury Regulations are binding on all taxpayers. — Abbr. Treas. Reg. [Cases: Internal Revenue Ou- 3038-3042, 3045,3048.] treasury security. See treasury stock under stock. treasury share. See treasury stock under stock. treasury stock. See stock. treasury warrant. See warrant (2). treating-physician rule. The principle that a treating physician’s diagnoses and findings about the degree of a social-security claimant’s impairment are binding on an administrative-law judge in the absence of substantial contrary evidence. [Cases: Social Security and Public Welfare 0^143.65.] treaty. 1. An agreement formally signed, ratified, or adhered to between two nations or sovereigns; an international agreement concluded between two or more states in written form and governed by international law. — Also termed accord; convention; covenant; declaration; pact. Cf. executive agreement. [Cases: Treaties O^L] “fT]he legal terminology used by the United States to describe international agreements is markedly different from that employed elsewhere. Under the U.S. Constitution, the term ‘treaty' has a particular meaning — an agreement made by the President with the advice and consent of the Senate." Davidl. Bederman, International Law Frameworks 158 (2001). commercial treaty, A bilateral or multilateral treaty concerning trade or other mercantile activities, • Such a treaty may be general in nature, as by supplying the framework of long-term commercial relations. Or it maybe specific, as by detailing the conditions of particular branches of trade or other commercial transactions. Sometimes a treaty of this kind deals with an individual project, such as a guaranty agreement. [Cases: Treaties 0^- 8.] defensive treaty, A treaty in which each party agrees to come to the other’s aid if one is attacked by another nation. See treaty of alliance, “Defensive treaties, as generally understood, are made to secure the parties to them against aggression from other states. They may, also, aim at the maintenance of internal quiet, or of neutrality amid the conflicts of neighboring powers. To attempt to gain any of these objects is not necessarily contrary to the law of nations or to natural justice. Mutual aid, indeed, against the disturbers of internal quiet, may secure an absolute government against popular revolutions in favor of liberty, but if a confederation or alliance may secure to its members the enjoyment of free institutions, there is no reason, as far as international law is concerned, why institutions of an opposite kind may not support themselves in the same way.” Theodore D. Woolsey, Introduction to the Study of International Law § 107, at 171 (5th ed. 1878). dispositive treaty (dis-poz-a-tiv). A treaty by which a country takes over territory by impressing a special character on it, creating something analogous to a servitude or easement in private law. guarantee treaty. An agreement between countries directly or indirectly establishing a unilateral or reciprocal guarantee. — Also spelled guaranty treaty. — Also termed treaty of guarantee-, quasi-guarantee treaty; pseudo-guarantee treaty, "In many instances where the term ‘guarantee' is used in international treaties, the contracting parties merely intend to underline their willingness to comply with the obligation they have entered into. Obligations of this kind do not fall within the concept of guarantee in the proper sense of the term. In this particular respect, the expression 'pseudo-guarantees' or ‘quasi-guarantee treaties' is used.” George Ress, “Guarantee Treaties," in 2 Encyclopedia of Public International Law 634 (1995). mixed treaty. A treaty with characteristics of different types of treaties, esp. contrasting types (e.g., permanent and transitory, or personal and real), nonaggression treaty. See nonaggression pact. nonproliferation treaty. A treaty forbidding the transfer of nuclear weapons from a country with a nuclear arsenal to one that does not have nuclear-weapons capability. • The first such treaty was concluded in 1968, and now more than 100 nations have agreed to its terms. — Also termed nuclear-nonproliferation treaty. offensive treaty. A treaty in which the parties agree to declare war jointly on another nation and join forces to wage the war. See treaty of alliance. peace treaty. A treaty signed by heads of state to end a war. — Also termed treaty of peace. Cf. truce. [Cases: War and National Emergency 0^33.] “A peace differs not from a truce essentially in the length of its contemplated duration, for there may be very long armistices and a state of peace continuing only a definite number of years. The ancients often concluded treaties of peace which were to expire after a certain time . . . .” Theodore D. Woolsey, Introduction to the Study of International Law § 158, at 268 (5th ed. 1878). permanent treaty, A treaty that contemplates ongoing performance (as with a treaty of neutrality). personal treaty. Hist. A treaty relating exclusively to the contracting sovereign as a person. • Examples of personal treaties are family alliances and treaties guaranteeing the throne to a particular sovereign and his or her family. With the advent of constitutional government in Europe, personal treaties have lost their importance. pseudo-guarantee treaty. See guarantee treaty, quasi-guarantee treaty. See guarantee treaty. real treaty. A treaty relating solely to the subject matter of the compact, independently of the persons of the contracting sovereigns. • Real treaties continue to bind the state even when the heads of government change. transitory treaty. A treaty carried into effect once and for all, so that it is complete when the act has been performed (as with a treaty of cession). treaty of alliance. A treaty establishing mutual and reciprocal support obligations. • A treaty of alliance may be for support in defense, aggression, or both. See defensive treaty; offensive treaty. “fi. treaty of alliance can bind the parties to no injustice, nor justify either of them in being accessory to an act of bad faith on the part of another. Hence a defensive, still more an offensive alliance, can only contemplate, if lawful, the warding off of intended injustice.” Theodore D. Woolsey, Introduction to the Study of International Law § 107, at 172 (5th ed. 1878). treaty of guarantee. See guarantee treaty. treaty of neutrality. A treaty in which the parties agree not to engage in any aggressive action against one another, whether individually or jointly with others, and not to interfere with the other party’s affairs. • There is no commitment to aid another party in the event of war — only to refrain from becoming involved. “Treaties of neutrality are reciprocal engagements to have no part in the conflicts between other powers — to remain at peace in an apprehended or an actual war. They are suggested by, and prevent the evils of that interference of nations in each other's affairs, for the preservation of the balance of power or the safety of the parties interfering, which is so common in modern history.” Theodore D. Woolsey, Introduction to the Study of International Law § 107, at 172 (5th ed. 1878). treaty of peace. See peace treaty. 2. A contract or agreement between insurers providing for treaty reinsurance. See treaty reinsurance under reinsurance. [Cases: Insurance C=>3593.] 3. A negotiated contract or agreement between private persons. private treaty. An agreement to convey property negotiated by the buyer and seller or their agents. • This term is esp. common in the U.K. Treaty Clause. Hie constitutional provision giving the President the power to make treaties, with the advice and consent of the Senate. U.S. Const, art. II, § 2. [Cases: Treaties <O2.] treaty-created law. See conventional law. treaty-made law. See conventional law. treaty of reinsurance. See reinsurance treaty, treaty power. (1835) The President’s constitutional authority to make treaties, with the advice and consent of the Senate. See treaty clause. [Cases: Treaties O’ 2.] treaty reinsurance. See reinsurance. treble damages. See damages. trebucket (tree-bak-it). See castigatory. trend. A price pattern in the stock market generally or in a particular stock. major trend. A long-term trend of the stock market; a genera] increase or decrease of stock prices over an extended period. — Also termed fundamental trend. market trend. The direction of stock-market prices over a several-month period. trespass (tres-pos or tres-pas), n. (13c) 1. An unlawful act committed against the person or property of another; esp., wrongful entry on another’s real property. Cf. unlawful entry under entry (i). [Cases: Trespass O<' 1-15.] 2, At common law, a legal action for injuries resulting from an unlawful act of this kind. 3. Archaic. misdemeanor. — trespass, vb. — trespassory (tres-pa-sor-ee), adj. "The familiar legend on notice-boards, 'Trespassers will be prosecuted,’ implies that it is a crime, but this may usually be dismissed as ‘a wooden lie.’ Yet in time past the Idea was correct, for trespass of any sort was punishable by fine and imprisonment as well as redressible by an action for damages, and actually it was not until 1694 that the punitive element disappeared although it had faded into obsolescence long before that date. But nowadays trespass is never criminal except under special statutes which make it punishable . . . ." P.H. Winfield, A Textbook of the Law of Tort § 90, at 307 (5th ed. 1950), “The term trespass has been used by lawyers and laymen in three senses of varying degrees of generality. (I) In its widest and original signification it includes any wrongful act — any infringement or transgression of the rule of right. This use is common in the Authorised Version of the Bible, and was presumably familiar when that version was first published. But it never obtained recognition in the technical language of the law, and is now archaic even in popular speech. (2) In a second and narrower signification — its true legal sense - the term means any legal wrong for which the appropriate remedy was a writ of trespass — viz. any direct and forcible injury to person, land, or chattels. (3) The third and narrowest meaning of the term is that in which, in accordance with popular speech, it is limited to one particular kind of trespass in the second sense - viz. the tort of trespass to land (trespass quare clausum fregit)." R.F.V. Heuston, Salmond on the Law of Torts 4 (17th ed. 1977). “Before the word ‘misdemeanor’ became well established the old writers tended to use the word ‘trespass' to indicate an offense below the grade of felony. And it was used at times by Blackstone for this purpose, as in the phrase ‘treason, felony, or trespass.’" Rollin M. Perkins & Ronald N. Boyce, Criminal Law AOS (3d ed. 1982). cattle-trespass. Hist. Trespass by one’s cattle or other animals on anot her’s land, as a result of which the other might either distrain them damage feasant or sue for trespass in the local courts. • At first (from the early 13th century) this type of trespass applied only to intentional trespass by the keeper of the cattle, but in 1353 it was extended to beasts that had merely escaped. This type of trespass gave rise to strict liability. [Cases: Animals 089.] “It has long been settled that liability for cattle-trespass is independent of negligence, and it is that which constitutes its strictness. And, in spite of some confusion in time past, it is quite distinct from the scienter type of liability. In Lee v. Riley [(1865), 18 C.B. (N.S.) 722] the defendant’s mare strayed through a gap in his fence, which it was his duty to repair, to the plaintiff’s land and there quarrelled with and kicked the plaintiff's horse. The defendant was held liable for cattle-trespass. A great deal of argument was expended at the trial on whether the defendant had notice of the ferocious disposition of his mare, but Erie, C J., pointed out that, however relevant that might have been in a scienter action, It was beside the mark in one for cattle-trespass.” P.H. Winfield, A Textbook of the Law of Tort § 148, at 518 (5th ed. 1950). constructive trespass. See trespass to chattels, continuing trespass. A trespass in the nature of a per- manent invasion on another’s rights, such as a sign that overhangs another’s property. [Cases: Trespass 051.] criminal trespass. 1. A trespass on property that is clearly marked against trespass by signs or fences. [Cases: Trespass O>81.] 2. A trespass in which the trespasser remains on the property after being ordered off by a person authorized to do so. innocent trespass. A trespass committed either unintentionally or in good faith. [Cases: Trespass C=-2.] joint trespass. A trespass that two or more persons have united in committing, or that some have actually committed while others commanded, encouraged, or directed it. [Cases: Trespass C^-31.] permanent trespass. A trespass consisting of a series of acts, done on consecutive days, that are of the same nature and that are renewed or continued from day to day, so that the acts in the aggregate form one indivisible harm. trespass ab initio (ab i-nish-ee-oh). An entry on land that, though begun innocently or with a privilege, is deemed a trespass from the beginning because of conduct that abuses the privilege. [Cases: Trespass 013.] trespass by relation. A trespass committed when the plaintiff had a right to immediate possession of land but had not yet exercised that right. • When the plaintiff takes possession, a legal fiction treats the plaintiff as having had possession ever since the accrual of the right of entry. This is known as trespass by relation because the plaintiff s possession relates back to the time when the plaintiff first acquired a right to possession. trespass de bonis asportatis (dee boh nis as-par-tay-tis). [Latin “trespass for carrying goods away”] 1. A wrongful taking of chattels. • This type of trespassory taking was also an element of common-law larceny. 2. At common law, an action to recover damages for the wrongful taking of chattels. — Abbr. trespass d.b.a. — Often shortened to trespass de bonis. — Also termed trespass to personal property. [Cases: Trespass 06.] trespass on the case. (15c) At common law, an action to recover damages that are not the immediate result of a wrongful act but rather a later consequence. • This action was the precursor to a variety of modern-day tort claims, including negligence, nuisance, and business torts. — Often shortened to case. — Also termed action on the case; breve de transgressione super casum. [Cases: Trespass <O 1, 16,17.] “The most important of the writs framed under the authority of the statute of Westminster 2 is that of ‘trespass on the case,' to meet cases analogous to trespass in delict, but lacking the element of direct or immediate force or violence, This writ gave a form of action in which the court was enabled to render judgment of damages in cases of fraud, deceit, negligence, want of skill, defamation oral or written, and all other injurious acts or omissions resulting in harm to person or property, but wanting the vi et armis, the element of direct force and violence, to constitute trespass.” Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 7 (2d ed. 1899). “Common law recognizes a distinction between the actions of trespass vi et armis (or simply trespass) and trespass on the case. This distinction has been expressed by stating that a tort committed by the direct application of force is remediable by an action for trespass, while a tort accomplished indirectly is a matter for trespass on the case. Other authority makes the distinction on the basis of the defendant’s intent, stating that trespass involves a willful and deliberate act while trespass on the case contemplates an act or omission resulting from negligence.” 1 Am. Jur. 2d Actions § 23, at 738 (1994). trespass quare clausum fregit (kwair-ee-klaw-zsm free-jit). [Latin “why he broke the close”] (17c) 1. A person’s unlawful entry on another’s land that is visibly enclosed. • This tort consists of doing any of the following without lawful justification: (1) entering upon land in the possession of another, (2) remaining on the land, or (3) placing or projecting any object upon it. 2. At common law, an action to recover damages resulting from another’s unlawful entry on one’s land that is visibly enclosed. — Abbr. trespass q.c.f. — Also termed trespass to real property; trespass to land; quare clausum querentisfregit. See trespass vi et armis. [Cases: Trespass 0=10,16, 17.] “Every unwarrantable entry on another's soil the law entitles a trespass by breaking his close; the wards of the writ of trespass commanding the defendant to shew cause, quare clausum querentis fregit. For every man’s land is in the eye of the law enclosed and set apart from his neighbour's: and that either by a visible and material fence, as one field is divided from another by a hedge; or, by an ideal invisible boundary, existing only in the contemplation of law, as when one man’s land adjoins to another's in the same field. And every such entry or breach of a man's close carries necessarily along with it some damage or other: for, if no other special loss can be assigned, yet still the words of the writ itself specify one general damage, viz. the treading down and bruising his herbage.” 3 William Blackstone, Commentaries on the Laws of England 209-10 (1768). trespass to chattels. (1843) The act of committing, without lawful justification, any act of direct physical interference with a chattel possessed by another. • The act must amount to a direct forcible injury. — Also termed trespass to goods; constructive trespass. [Cases: Trespass 0=5.] “Trespass to goods is a wrongful interference with the possession of them. It may take innumerable forms, such as scratching the panel of a coach, removing a tire from a car, injuring or destroying goods, or in the case of animals, beating or killing them, or infecting them with disease. All that is necessary is that the harm done should be direct , . . P.H. Winfield, A Textbook of the Law of Tort § 99, at 345 (5th ed. 1950). trespass to goods. See trespass to chattels, trespass to land. See trespass quare clausum fregit (2). trespass to personal property. See trespass de bonis asportatis. trespass to real property. See trespass quare clausum fregit (2). trespass to try title. (1826) 1. In some states, an action for the recovery of property u nlawfully withheld from an owner who has the immediate right to possession. 2. A procedure under which a claim to title may be adjudicated. trespass vi et armis (vi et ahr-mis). [Latin “with force and arms”] (17c) 1. At common law, an action for damages resulting from an intentional injury to person or property, esp. if by violent means; trespass to the plaintiff’s person, as in illegal assault, battery, wounding, or imprisonment, when not under color of legal process, or when the battery, wounding, or imprisonment was in the first instance lawful, but unnecessary violence was used or the imprisonment continued after the process had ceased to be lawful. • This action also lay for injury to relative rights, such as menacing tenants or servants, beating and wounding a spouse, criminal conversation with or seducing a wife, or debauching a daughter or servant. 2. See trespass quare clausum fregit. • In this sense, the “force” is implied by the “breaking” of the close (that is, an enclosed area), even if no real force is used. [Cases: Trespass O= 17.] trespass d.b.a. See trespass de bonis asportatis under TRESPASS. trespasser. (14c) One who commits a trespass; one who intentionally and without consent or privilege enters another’s property. • In tort law, a landholder owes no duty to unforeseeable trespassers. Cf. invitee; licensee (2). [Cases: Trespass 0=9.] "The word ‘trespasser’ has an ugly sound, but it covers the wicked and the innocent. The burglar and the arrogant squatter are trespassers, but so are all sorts of comparatively innocent and respectable persons such as a walker in the countryside who unhindered strolls across an open field. Perhaps much of the trouble in this area has arisen from ‘the simplistic stereotype’ of the definition. The courts are therefore beginning to recognise that the duty of the occupier may vary according to the nature of the trespasser." R.F.V. Heuston, Salmond on the Law of Torts 278 (17th ed. 1977). innocent trespasser. (1888) One who enters another’s land unlawfully, but either inadvertently or believing in a right to do so. [Cases: Trespass O=’2, 23.J trespass for mesne profits. Hist. An action — supplementing an action for ejectment — brought against a tenant in possession to recover the profits wrongfully received during the tenant’s occupation. [Cases: Ejectment ()-.> 128.1 trespass q.c.f. See trespass quare clausum fregit under TRESPASS. tret (tret), n. An allowance or abatement of a certain weight or quantity that a seller makes to a buyer because of water or dust that may be mixed with a commodity. Cf. TARE. triable, adj. (15c) Subject or liable to judicial examination and trial <a triable offense>, triable either way. English law. (Of an offense) prosecutable either in the Crown Court or in a magistrates’ court. “The criminal courts in England and Wales are the magistrates’ courts and the Crown Court. Those offences considered least serious are summary offences, triable only in the magistrates' courts. Those offences considered most serious are triable only on indictment, in the Crown Court. A large number of offences, such as theft and most burglaries, are ‘triable either way,’ in a magistrates' court or the Crown Court, For these offences the defendant can elect to be tried at the Crown Court, where there is a judge and jury. If the defendant does not wish a Crown Court trial, the magistrates may decide (having heard representations from the prosecutor) that the case is so serious that it should be committed to the Crown Court for trial.” Andrew Ashworth, Principles of Criminal Law 16 (1991). trial. (15c) A formal judicial examination of evidence and determination of legal claims in an adversary proceeding. [Cases: Federal Civil Procedure • [1951; Trial 0=18.] abortive trial. See mistrial. bench trial. (1954) A trial before a judge without a jury, • The judge decides questions of fact as well as questions of law. — Also termed trial to the bench', nonjury trial-, court trial; trial before the court (abbr. TEC); judge trial. [Cases: Criminal Law 0=247-260.13; Federal Civil Procedure 0=2251; Trial -0= 367-387.] bifurcated trial. (1945) A trial that is divided into two stages, such as for guilt and punishment or for liability and damages. — Also termed two-stage trial. Cf. severance (2). [Cases: Federal Civil Procedure 0= 1954; Sentencing and Punishment 0=334; Trial O= 3-] closed trial. A trial that is not open to the public, usu. because of some overriding concern such as a need to protect a child’s anonymity or for security. [Cases: Criminal Law 0=635; Federal Civil Procedure O= 1951; Trial 0=20.] court trial. See bench trial. fair trial. See fair trial. joint trial. (18c) A trial involving two or more parties; esp., a criminal trial of two or more persons for the same or similar offenses. [Cases: Criminal Law 0= 622.] judge trial. See bench trial. jury trial. (18c) A trial in which the factual issues are determined by a jury, not by the judge. — Also termed trial by jury. mock trial. See mock trial. new trial. (16c) A postjudgment retrial or reexamination of some or all of the issues determined in an earlier judgment. • The trial court may order a new' trial by motion of a party or on the court’s own initiative. Also, when an appellate court reverses the trial court’s judgment, it may remand the case to the trial court for a new trial on some or all of the issues on which the reversal is based. See Fed, R. Civ. P. 59; Fed. R, Crim. P. 33. See motion for new trial; remand. [Cases: Criminal Law 0=905-965; Federal Civil Procedure 0=2311; New Trial 0=0.5.] nonbinding minitrial. See summary jury trial, nonbinding summary jury trial. See summary jury trial. nonjury trial. See bench trial. perfect trial. A trial free from all error. political trial. (18c) A trial (esp. a criminal prosecution) in which either the prosecution or the defendant (or both) uses the proceedings as a platform to espouse a particular political belief; a trial of a person for a political crime. See show trial. public trial. A trial that anyone may attend or observe. [Cases: Criminal Law 0 635; Federal Civil Procedure 0=1951; Trial 0=20.] separate trial. (18c) 1. Criminal procedure. The individual trial of each of several persons jointly accused of a crime. Fed. R. Crim. P. 14. [Cases: Criminal Law 0=622] 2. Civil procedure. Within a single action, a distinct trial of a separate claim or issue — or of a group of claims or issues — ordered by the trial judge, usu. to conserve resources or avoid prejudice. Fed. R. Civ. P. 42(b). Cf. severance (2). [Cases; Federal Civil Procedure O= 1953-1965; Trial 0=3.] short-cause trial. See short cause under cause (3). show trial. See snow trial. speedy trial. See speedy trial. state trial. A trial for a political offense. summary jury trial. (1984) A settlement technique in which the parties argue before a mock jury, which then reaches a nonbinding verdict that will assist the parties in evaluating their positions. — Also termed nonbinding summary jury trial; nonbinding minitrial. Cf. mock trial. [Cases: Federal Civil Procedure 2252.] trial at bar. Hist. A. trial before all the judges of the court in which the proceedings take place. — Also termed trial at the bar. trial at nisiprius (m-si prr-ss). Hist. A trial before the justices of assize and nisi prius in the county where the facts are alleged to have occurred, and from which county the jurors have been summoned. trial before the court. See bench trial. trial by battle. See trial by combat. trial by certificate. Hist. A trial in which the issue is decided on evidence in the form of witnesses’ certificates of what they individually know. trial by combat. See trial by combat. trial by duel. See trial by combat. trial by inspection. Hist. A trial in which the judge decided the dispute by individual observation and investigation, without the benefit of a jury. trial by jury. See jury trial. trial by ordeal. See ordeal. trial by record. Hist. A trial in which, a record having been pleaded by one party and denied by the other, the record is inspected in order to decide the dispute, no other evidence being admissible. See nul tiel RECORD. trial by the country. See trial per pais. trial by the record. A trial in which one party insists that a record exists to support its claim and the opposing party denies the existence of such a record. • If the record can be produced, the court will consider it in reaching a verdict — otherwise, it will rule for the opponent. trial de novo (dee or di noh-voh). (18c) A new trial on the entire case — that is, on both questions of fact and issues of law — conducted as if there had been no trial in the first instance. [Cases: Appeal and Error: . 892: Criminal LawC~'26O; Federal Courts 0^776.] trial in absentia. A. trial held without the accused being present. • In the United States, a trial may be held in absentia only if the accused has either voluntarily left after the trial has started else has so disrupted the proceedings that the judge orders the accused’s removal as a last resort. [Cases: Criminal Law C^636,[ trial on the merits. (18c) A trial on the substantive issues of a case, as opposed to a motion hearing or interlocutory matter. trial per pais (par pay or pays). [Law French “trial by the country”] (17c) Trial by jury. — Also termed trial by the country. Cf. conclusion to the country; GOING TO THE country; PATRIA (3). trial to the bench. See bench trial. trifurcated trial. (1959) A trial that is divided into three stages, such as for liability, general damages, and special damages. [Cases: Federal Civil Procedure [1961; Trial 03(5.1).] two-stage trial. See bifurcated trial. trial brief. See brief. trial by combat. Hist. A trial that is decided by personal battle between the disputants, common in Europe and England during the Middle Ages; specif., a trial in which the person accused fought with the accuser, the idea being that God would give victory to the person in the right, • This method was introduced into England by the Normans after 1066, but it was a widely detested innovation and was little used. It became obsolete several centuries before being formally abolished in 1818, having been replaced in practice by the grand assize and indictment. — Also termed trial by battle; trial by wager of battle; trial by duel; judicial combat; duel; duellum; wager of battle; ornest; vadiatio duelli; wehadirig. See judicium del trial by corsnaed. See ordeal of the morsel under ORDEAL. trial by duel. See trial by combat. trial by oath. See compurgation. trial by ordeal. See ordeal. trial by wager of battle. See trial by combat. trial calendar. See docket (2). trial counsel. See counsel, trial court. See court. trial de novo. See trial. trial examiner. See administrative-law judge. trial franchise. See franchise (4). trial judge. See judge. trial jury. See petit jury under jury. trial of right of property. 1. intervention (r). 2. inter- vention (2). trial per pais. See trial. trial-setting preference. See special setting under SETTING. trial-type hearing. See administrative proceeding. triangular merger. See merger. Tribal Court. Under the Indian Child Welfare Act, a court with child-custody jurisdiction that is (1) a Court of Indian Offenses, (2) a court established and operated under an Indian tribe’s code or custom, or (3) any other tribal administrative body that is vested with authority over child-custody proceedings. • The Tribal Court is composed of tribal members, is usu. situated on the reservation, and varies in its characteristics from tribe to tribe. It is not part of any state’s judicial system, instead operating more or less as a judicial system of a foreign nation. See in dian child welfare act. [Cases: Indians C=T34(3).] tribal-exhaustion doctrine. The general principle that when an Indian tribal court, original or appellate, has personal and subject-matter jurisdiction, the parties must pursue all remedies available under tribal law before turning to nontribal courts. • A federal court may review a challenge to jurisdiction only after the tribal court has established it has jurisdiction and determined the case on the merits. See National Farmer’s Union Ins. Co. v. Crow Tribe, 471 U.S. 845,856-57,105 S.Ct. 2447, 2454 (1985). tribal land, A part of an Indian reservation that is not allotted to or occupied by individual Indians but is held as the tribe’s common land. Cf. Indian land. [Cases: Indians C-“T51.] tribunal (tri-byoo-nal). (15c) 1, A court or other adjudicatory body. 2. The seat, bench, or place where a judge sits. tributary (trib-ya-ter-ee), n. (14c) A stream flowing directly or indirectly into a river. tribute (trib-yoot), n. (14c) 1. An acknowledgment of gratitude or respect. 2. A contribution that a sovereign raises from its subjects to defray the expenses of state. 3. Money paid by an inferior sovereign or state to a superior one to secure the latter’s friendship and protection. tributum (tri-byoo-tam), n. [Latin] Roman law. Originally, a war tax; later, a regular tax on land or persons in the Roman provinces. tri-chad. See chad. trier of fact. See fact-finder, trifurcated trial. See trial. trigamy (trig-a-mee), n. (17c) The act of marrying a person while legally married to someone else and bigamously married to yet another. [Cases: Bigamy C—T,] “Trigamy, literally three marriages, is often used for a special situation. ‘Trigamy,' in the sense of the special problem of the third wife, stems from the premise that invalidity of the alleged prior marriage is a good defense to a charge of bigamy. Thus in a bigamy prosecution a so-called common-law marriage can be relied upon to establish either the first or second marriage, if it is recognized in the jurisdiction as giving rise to the marital status, but cannot be relied upon where it is not so recognized. A logical result is that a charge of bigamy may be defeated by showing that the alleged prior marriage, relied upon to support the charge, was itself void because of an even earlier marriage existing at the time—as was held about 1648 in Lady Madison's Case. For example, D marries A, and afterward while A is alive marries B, and still later when A is dead but B alive, marries C. The marriage to C is not bigamy because the marriage to B was bigamous and void." Rollin M. Perkins & Ronald N. Boyce, Criminal Law458 (3d ed. 1982). triggering condition. See condition (2). Trinity House. Maritime law. A British corporation chartered in 1514 to train and license pilots and officially regulate pilotage, • Trinity House has also erected and maintained aids to navigation, such as lighthouses and buoys, on the coasts of Great Britain. Trinity sittings. English law. A term of court beginning on May 22 of each year and ending on June 12. • This was known until 1875 as Trinity term. Cf. faster sittings; HILARY SITTINGS; MICHAELMAS SITTINGS. tripartite (tri-pahr-tit), adj. (15c) Involving, composed of, or divided into three parts or elements <a tripartite agreementx tripartite lease. See finance lease under lease. tripartite test. Patents. A judicial test for determining patent infringement by looking at whether a challenged device or process, though outside the literal scope of the patent claims, performs the function in substantially the same way. See substantial equivalent. triple damages. See treble damages under damages. triple net lease. See net-net-net lease under lease. triple ordeal. See ordeal. triple trigger. Insurance. (1981) A theory of coverage providing that all insurers on a risk must cover a loss from the day a claimant is first exposed to an injury-producing product (such as asbestos) to the date of diagnosis or death, whichever occurs first. • This term was first used in Keene Corp. v. Insurance Co. ofN. Am., 667 F.2d 1034 (D.C. Cir. 1981), cert denied, 445 U.S. 1007, 102 S.Ct. 1644 (1982). — Also termed continuous trigger. Cf. actual-injury trigger; exposure theory; manifestation theory. [Cases: Insurance 0x2265.] triplicatio (trip-li-kay-shee-oh), n. [Latin] Roman law. A defendant’s response to a plaintifFs replicatio. Pl . trip-licationes (trip-li-kay-shee-oh-neez). See replicatio. Cf. quadruplicate. TRIPs, abbr. Intellectual property. The Agreement on Trade-Related Aspects of Intellectual Property Rights, a treaty that harmonized and strengthened the intellectual-property law's of its signatories by linking the obligation to protect the intellectual-property rights of other members' citizens with a mechanism for settling international trade disputes. • TRIPs wras negotiated at the 1994 Uruguay Round of the General Agreement on Tariffs and Trade (GATT). More than 150 nations are parties to the agreement. In the field of patents, TRIPs standardized patentable subject matter to include medicines, required testing for nonobviousness and utility, and protected patentees from infringing imports. In response to the agreement Congress (1) changed patent terms to 20 years from t he date of application, rather than 17 years from the date of issue; (2) allowed foreign filers to prove priority by inventive efforts that preceded filing; (3) widened the definition of infringement to cover offering for sale and importing; and (4) permitted provisional applications, wnth brief descriptions and no claims, to establish priority. 33 I.L.M. 1197. In the field of copyrights, TRIPs incorporates most of the provisions of the Berne Convention for the Protection of Literary or Artistic Works, and sets the length of copyright protection as the life of the author plus 50 years. In the field of trademarks, TRIPs sets the initial term of a trademark registration as not less than seven years, and makes it renewable indefinitely. Nations subject to TRIPs may make registrability dependent on use but may not require use as a condition for filing an application. — Also written TRIPS. — Also termed TRIPs Agreemen t. “Articles 1-8 of TRIPs include the basic principles of national treatment and most-favoured-nation treatment. That is, each Member must give to the nationals of other Members treatment no less favourable than that given to its own nationals, and must give to the nationals of all Members the same privileges as are given to the nationals of any Member. Thus, subject to certain exemptions, bilateral agreements between Members should no longer be permitted.” Philip W. Grubb, Patents for Chemicals, Pharmaceuticals and Biotechnology 31 (3d ed. 1999). tristis successio (tris-tis sak-ses[h]-ee-oh). See hereditas luctuosa under hereditas. triverbial days (tri-var-bee-al). See dies fasti under DIES. trivial, adj. (16c) Trifling; inconsiderable; of small worth or importance. TRO (tee-ahr-oli). abbr. temporary restraining ORDER. troubled asset. See asset. trover (troh-vsr). (16c) A common-law action for the recovery of damages for the conversion of personal property, the damages generally being measured by the property’s value. — Also termed trover and conversion, Cf. detinue; replevin. [Cases: Trover and Conversion Ol, 43.] "Trover may be maintained for all kinds of personal property, including legal documents, but not where articles are severed from land by an adverse possessor, at least until recovery of possession of the land. It lies for the misappropriation of specific money, but not for breach of an obligation to pay where there is no duty to return specific money.” Benjamin J. Shipman, Handbook of Common-Law Pleading § 43, at 99 (Henry Winthrop Ballantine ed., 3d ed. 1923). truancy (troo-an-see), n. (18c) The act or state of shirking responsibility; esp., willful and unjustified failure to attend school by one who is required to attend. [Cases: Schools C= 161.] — truant, adj. & n. truancy officer. An official responsible for enforcing laws mandating school attendance for minors of specified ages (usu. 16 and under). — Also termed truant officer; attendance officer. [Cases: Schools C= 161.] truant, n, A person who without permission is absent from work or school or who shirks a duty. [Cases: Schools 161.] truce. Int’l law. A suspension or temporary cessation of hostilities by agreement between belligerent powers. — Also termed armistice; ceasefire; suspension of arms. Cf. peace treaty under treaty (i). [Cases: War and National Emergency C^>33.] — trucial, adj, general truce. A truce suspending hostilities in all places. special truce. A truce referring only to operations before a specific fortress or in a district, or between certain detachments of armies. — Also termed partial truce. truck. Hist. Scots law. The payment of wages in scrip or goods. • Truck systems, once common where workers had to live in isolated areas and depended on company stores for food and clothing, were abolished in the 19th century. “Truck was payment not in money but in goods or tickets which could be exchanged for goods_The principle that contractors could buy in bulk and retail to the workmen, deducting the cost from their wages, was sound but was open to abuse; in fact truck became a means of robbery. Railway contractors frequently made more profit from truck than from the contract. . . . Truck shops, frequently called tommy shops or tally shops, might be run by the contractor or let by him to an associate or a shopkeeper for a rent or on the basis that part of the shop profits would go back to the contractor. The goods were frequently inferior and sold at excessive prices. David M. Walker, 6 A Legal History of Scotland 820 (2001). true admission. See judicial admission under admission (i). true and correct. Authentic; accurate; unaltered <we have forwarded a true and correct copy of the expert’s report;-. — Also termed true and exact. true bill, n. (18c) A grand jury’s notation that a criminal charge should go before a petty jury for trial <the grand jury returned a true bill, and the state prepared to prosecute;. — Also termed billa vera. Cf. no bill. [Cases: Grand fury ( 42.] true-bill, vb. To make or deliver a true bill on <the grand jury true-billed the indictment;. true copy. See copy. true defense. See defense (i). true legal impossibility. See legal impossibility (1) under impossibility. true mark. See technical trademark under trademark. true residue. See clear residue. true trademark. See technical trademark under trademark. true value. See fair market value under value (2). true-value rule. The rule requiring that one who sub- scribes for and receives corporate stock must pay par value for it, in either money or its equivalent, so that a corporation's real assets square with its books. • If true value is less than par value, the stock is deemed unpaid for to the full extent of the difference, and the affected shareholder is liable to creditors for the difference, notwithstanding the directors’ good faith. [Cases: Corporations <0=232.] true verdict. See verdict. trust, n. (15c) 1. The right, enforceable solely in equity, to the beneficial enjoyment of property to which another person holds the legal title; a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary). • For a trust to be valid, it must involve specific property, reflect the settlor’s intent, and be created for a lawful purpose. The two primary types of trusts are private trusts and charitable trusts (see below). [Cases: Trusts <0= 1.] 2. A fiduciary relationship regarding property and charging the person with title to the property with equitable duties to deal with it for another’s benefit; the confidence placed in a trustee, together with the trustee’s obligations toward the property and the beneficiary, • A trust arises as a result of a manifestation of an intention to create it. See fiduciary relationship under relationship, 3. 'lhe property so held; corpus (i). “One must distinguish, . . . [in] countries where English is spoken, between a wide and a narrow sense of the word ‘trust.’ In the wide sense a trust exists when property is to be held or administered by one person on behalf of another or for some purpose other than his own benefit, ... In the narrow or strict sense a trust exists when the creator of the trust, . , hands over or is bound to hand over the control of an asset which, or the proceeds of which, is to be administered by another (the trustee or administrator) in his capacity as such for the benefit of some person (beneficiary) other than the trustee or for some impersonal object, A trust in this sense is a species of the genus ‘trust1 in thewide sense.’Tony Honore, The South African Lawof Trusts §§ 1-2, at 1-3 (3d ed. 1985), “Some courts and legal writers have defined a trust as a certain kind of right that the beneficiary has against the trustee, or a certain kind of interest that the beneficiary has against the trustee, or a certain kind of interest that the beneficiary has in the trust property, thus looking at it from the point of view of the beneficiary. While it is true that the beneficiary has the right or interest described, the trust is something more than the right or interest of the beneficiary. The trust is thewhole juridical device: the legal relationship between the parties with respect to the property that is its subject matter, including not merely the duties that the trustee owes to the beneficiary and to the rest of the world, but also the rights, privileges, powers, and immunities that the beneficiary has against the trustee and against the rest of the world. It would seem proper, therefore, to define the trust either as a relationship having certain characteristics stated in the definition or perhaps as ajuridical device or legal institution involving such a relationship," 1 Austin W, Scott & William F, Fratcher, The Law of Trusts § 2,4, at 42 (4th ed, 1987). “In the strict, traditional sense, a trust Involves three elements: (1) a trustee, who hold the trust property and Is subject to deal with it for the benefit of one or more others; (2) one or more beneficiaries, to whom and for whose benefit the trustee owes duties with respect to the trust property; and (3) trust property, which is held by the trustee for the beneficiaries. In a more comprehensive sense, the trust purpose is often Included in discussions of the elements of the trusts .... Although all of these elements are present in a complete trust, either or both of elements (1) and (2) above may be temporarily absent without destroying the trust or preventing its creation." Restatement (Third) of Trusts § 2 cmt. f (2003). A-B-Q trust. See bypass trust. A-B trust. See bypass trust. accumulation trust. A trust in which the trustee must accumulate income and gains from sales of trust assets for ultimate disposition with the principal when the trust terminates. • Many states restrict the time over which accumulations may be made or the amount that maybe accumulated. [Cases: Trusts 280.] active trust. A trust in which the trustee has some affirmative duty of management or administration besides the obligation to transfer the property to the beneficiary. — Also termed express active trust; special trust; operative trust. Cf. passive trust. [Cases: Trusts <0=> 135.] Alaska trust. See asset-protection trust (1). alimony trust. A trust in which the payor spouse transfers to the trustee property from which the payee spouse, as beneficiary, will be supported after a divorce or separation. annuity trust. A trust from which the trustee must pay a sum certain annually to one or more beneficiaries for their respective lives or for a term of years, and must then either transfer the remainder to or for the use of a qualified charity or retain the remainder for such a use. • The sum certain must not be less than 5% of the initial fair market value of the property transferred to the trust by the donor. A qualified annuity trust must comply with the requirements of IRC (26 USCA) § 664. [Cases: Trusts 0281.] asset-protection trust. 1, A trust designed specifically to insulate assets from the settlor’s creditors. • When the trust is created using the law of a state, it is also termed a domestic asset-protection trust. It may also be referred to by the name of the specific state, e.g., Alaska trust, Delaware trust, or Nevada trust. If it is created under foreign law, even though the assets are within the United States, it is also termed an offshore asset-protection trust. 2. See self-settled trust. bank-account trust. See Totten trust. blended trust. A trust in which the beneficiaries are a group, with no member of the group having a separable individual interest. • Courts rarely recognize these trusts, blind trust. (1969) A trust in which the settlor places investments under the control of an independent trustee, usu, to avoid a conflict of interest. • The beneficiary has no knowledge of the trust’s holdings and no right to participate in the trust’s management. bond trust. A trust whose principal consists of bonds that yield interest income. bypass trust. (1981) A trust into which just enough of a decedent’s estate passes, so that the estate can take advantage of the unified credit against federal estate taxes. See 26 USCA § 2010. — Also termed credit-shelter trust; A-B trust; A-B-Q trust; marital life-estate trust. See unified estate-and-gift tax credit under tax CREDIT. charitable lead trust. An irrevocable trust made in favor of a charity and allowing the charity to receive income from the trust property for a specified period, after which the property reverts to the settlor’s estate. charitable-remainder annuity trust. A charitable-remainder trust in which the beneficiaries receive for a specified period a fixed payment of 5% or more of the fair market value of the original principal, after which the remaining principal passes to charity. — Abbr. CRAT. — Also termed charitable-remainder- trust retirement fund. [Cases: Charities 0-6; Trusts 0281.] charitable-remainder trust. A trust consisting of assets that are designated for a charitable purpose and paid over to the trust after the expiration of a life estate or intermediate estate. — Abbr. CRT. — Also termed split-interest trust. [Cases: Charities C-4.] charitable-remainder-trust retirement fund. See charitable-remainder annuity trust. charitable trust. (18c) A trust created to benefit a specific charity, specific charities, or the general public rather than a private individual or entity. • Charitable trusts are often eligible for favorable tax treatment. If the trust’s terms do not specify a charity or a particular charitable purpose, a court may select a charity. See Uniform Trust Act § 405. — Also termed public trust; charitable use. See charitable deduction under deduction; cy pres. Ci. private trust. [Cases: Charities C l; Internal Revenue C—4048; Taxation 02337, 3328, 3488.] Claflin trust. See indestructible trust. Clifford trust. (1941) An irrevocable trust, set up for at least ten years and a day, whereby income from the trust property is paid to the beneficiary but the property itself reverts back to the settlor when the trust expires. • These trusts were often used by parents — with their children as beneficiaries — to shelter investment income, but the Tax Reform Act of 1986 eliminated the tax advantage by imposing the kiddie tax and by taxing the income of settlors with a reversionary interest that exceeds 5% of the trust’s value. This term gets its name from Helvering v. Clifford, 309 U.S. 331, 60 S.Ct. 554 (1940). — Also termed short-term trust. [Cases: Internal Revenue CA7’ 3362.] common-law trust. See business trust under trust (4). community trust. See community trust. complete voluntary trust. See executed trust. complex trust. 1. A trust having elaborate provisions. 2. See discretionary trust. constructive trust. (18c) An equitable remedy that a court imposes against one who has obtained property by wrongdoing. • A constructive trust, imposed to prevent unjust enrichment, creates no fiduciary relationship. Despite its name, it is not a trust at all. — Also termed implied trust; involuntary trust; trust de son tort; trust ex delicto; trust ex maleficio; remedial trust; trust in invitum. See trustee de son tort under trustee. Cf. resulting trust. [Cases: Trusts 91-111.] “A constructive trust is the formula through which the conscience of equity finds expression. When property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest, equity converts him into a trustee." Beany v. Guggenheim Exploration Co., 122 N.E. 378, 380 (N.Y. 1919) (Cardozo, J.). “It is sometimes said that when there are sufficient grounds for imposing a constructive trust, the court ‘constructs a trust.' The expression is, of course, absurd. The word ‘constructive’ is derived from the verb ‘construe,’ not from the verb ‘construct.’. .. The court construes the circumstances in the sense that it explains or interprets them; it does not construct them.” 5 Austin W. Scott & William F. Fratcher, The Law of Trusts § 462.4 (4th ed, 1987). contingent trust. An express trust depending for its operation on a future event. credit-shelter trust. See bypass trust. Crummey trust. A trust in which the trustee has the power to distribute or accumulate income and to give the beneficiary the right to withdraw an amount equal to the annual gift exclusion (or a smaller sum) within a reasonable time after the transfer. • This type of trust can have multiple beneficiaries and is often used when the beneficiaries are minors. Gifts to a Crummey trust qualify for the annual gift exclusion regardless of the age of the beneficiaries. The trust assets are not required to be distributed to the beneficiaries at age 21. The validity of this type of trust was established in Crummey v. Commissioner, 397 F.2d 82 (9th Cir. 1968). — Also termed discretionary trust. See crummey power; annual exclusion under exclusion. Cf. 2503(c) trust. custodial trust. A revocable trust for which a custodial trustee is named to manage the assets for an incapacitated or disabled beneficiary. • The beneficiary does not have to be disabled or incapacitated at the time the trust is created. An adult beneficiary who is not disabled or incapacitated may terminate the trust at any time before his or her disability, incapacity, or death. declared trust. See express trust. defective trust. A trust that is treated, for income-tax purposes, as if it were the same entity as the grantor, but for estate-tax purposes is treated as an entity separate from the grantor. • Typically a trust is an independent entity that is taxed separately from the settlor. Because trust income is taxed at higher rates than individual income, the settlor may intentionally create a defect in the trust terms so that the trust’s income will be taxable to the grantor. This is achieved by violating the grantor-trust rules of IRC §§ 671-677 in a way that does not affect the completeness of the gift under IRC §§ 2035-2042. A violation renders the trust “defective” because the settlor must recognize the income even if the settlor does not actually receive it. The attribution of tax liability and payment of taxes on trust income do not give the grantor an ownership in the trust, which remains separate from the settlor's estate and is not subject to estate taxes. [Cases: Internal Revenue Cu 4023.] Delaware trust. See asset-protection trust. destructible trust. (1953) A trust that can be destroyed by the happening of an event or by operation of law. directory trust. 1, A trust that is not completely and finally settled by the instrument creating it, but only defined in its general purpose and to be carried into detail according to later specific directions, 2. See fixed trust. direct trust. See express trust. discretionary trust. (1837) 1, A trust in which the settlor has delegated nearly complete or limited discretion to the trustee to decide when and how much income or property is distributed to a beneficiary. • This is perhaps the most common type of trust used in estate planning. [Cases: Trusts 150,177.] 2. See Crummey trust. Cf. mandatory trust-, crummey power. domestic asset-protection trust. See asset-protection trust (1). donative trust. A trust that establishes a gift of a beneficial interest in property for a beneficiary. • Most trusts are donative trusts. — Also termed gratuitous trust. [Cases: Trusts 0^35(1). | donor-advised trust. A trust set up by a public charity using cash or other assets donated by a person who will act as a director of the trust. IRC (26 USCA) § 4966(d)(2). — Also termed donor-advised fund. dry trust. 1. A trust that merely vests legal title in a trustee and does not require that trustee to do anything. 2. See passive trust. dynasty trust. A generation-skipping trust funded with the amount that is permanently exempt from generation-skipping tax and designed to last more than two generations. • In 2000, a settlor could contribute $1 million to a dynasty trust. Almost half the states allow dynasty trusts, despite their potential for lasting more than 100 years. — Also termed GST supertrust. [Cases: Internal Revenue 0-4224.] educational trust. 1. A trust to found, endow, or support a school. 2. A trust to support someone’s education. electing small-business trust. A trust of which the beneficiaries are individuals, estates, certain charitable organizations, or certain governmental entities, who did not purchase an interest in the trust, and for which the trustee has elected to be taxed under special rules. IRC (26 USCA) § 1391(e)(1). — Abbr. ESBT. equipment trust. See equipment trust. estate trust. A trust that is established to qualify a deceased spouse’s property for the marital deduction. • The trustee maybe given discretion to distribute principal or income to the donor’s spouse if the donor also provides that, at the surviving spouse’s death, any accumulated income and remaining principal must be distributed to the surviving spouse's estate. See marital deduction under deduction. ex delicto trust (da-lik-toh). A trust that is created for an illegal purpose, esp. to prevent the settlor’s creditors from collecting their claims out of the trust property. executed trust, A trust in which the estates and interests in the subject matter of the trust are completely limited and defined by the instrument creating the trust and require no further instruments to complete them. — Also termed complete voluntary trust. [Cases: Trusts O> 114.] executory trust (eg-zek-ya-tor-ee). (18c) A trust in which the instrument creating the trust is intended to be provisional only, and further conveyances are contemplated by the trust instrument before the terms of the trust can be carried out. — Also termed imperfect trust. Cases: TrustsC l 14.] express active trust. See active trust. express private passive trust. A trust in which land is conveyed to or held by one person in trust for another, without any power being expressly or impliedly given to the trustee to take actual possession of the land or exercise any ownership rights over it, except at the beneficiary’s direction. [Cases: Trusts 136.] express trust. (18c) A trust created with the settlor’s express intent, usu. declared in writing; an ordinary trust as opposed to a resulting trust or a constructive trust. — Also termed direct trust-, declared trust. [Cases: Trusts 1-61.5.] family-pot trust. A trust in which all the assets are kept in a single fund for the trustee to use for multiple beneficiaries (usu. children). • Family-pot trusts are typically testamentary and used to administer a donor’s property until the donor’s minor children have completed their education. family trust. A trust created to benefit persons who are related to one another by blood, affinity, or law. fixed trust. A trust in which the trustee may not exercise any discretion over the trust’s management or distributions. — Also termed directory trust; nondiscretionary trust. foreign-situs trust (si-tas). A trust created under foreign law. • This type of trust usu. has no significant income-tax benefits and is subject to greater reporting requirements than a domestic trust. Because creditors cannot easily reach the foreign trust’s assets, it is frequently used as a means of asset-protection. — Also termed/orezgn trust; offshore trust. general trust. See passive trust. generation-skipping trust. (1976) A trust that is established to transfer (usu, principal) assets to a skip person (a beneficiary more than one generation removed from the settlor). • The transfer is often accomplished by giving some control or benefits (such as trust income) of the assets to a nonskip person, often a member of the generation between the settlor and skip person. This type of trust is subject to a generation-skipping transfer tax. IRC (26 USCA) §§ 2601 et seq. See deemed transferor; generation-skipping transfer; generation-skipping transfer tax under tax; skip person. Cf. dynasty trust. [Cases: Internal Revenue 0^4224.] governmental trust. 1. A type of charitable trust established to provide a community with facilities ordinarily supplied by the government, esp. by a municipality, and to promote purposes that are sufficiently beneficial to the community to justify permitting the property to be perpetually devoted to those purposes. • Examples of such facilities include public buildings, bridges, streets, parks, schools, and hospitals. 2. A type of charitable trust established for general governmental or municipal purposes, such as defraying the expenses of a governmental entity or paying the public debt. Restatement (Second) of Trusts §§ 373, 374 (1959). grantor-retained annuity trust. An irrevocable trust into which the grantor transfers property in exchange for the right to receive fixed payments at least annually, based on original fair market value of the property transferred. • At the end of the specified time, the principal passes to a noncharitable beneficiary such as the grantor’s child or grandchild. Essentially, the grantor makes to the remainderman a current gift of the right to trust assets at a specified date in the future. — Abbr. GRAT. grantor-retained income trust. A trust in which a gift’s value can be reduced by the grantor’s retaining an income interest, for a specified time, in the gifted property. • At the end of the specified time, the principal passes to a noncharitable beneficiary such as the grantor’s child or grandchild. Essentially the grantor makes to the remainderman a current gift of the right to trust assets at a specified date in the future. — Sometimes shortened to retained income trust. — Abbr. GRIT. grantor-retained unitrust. An irrevocable trust into which the grantor transfers property in exchange for the right to receive annual payments, the amount of which fluctuates based on the increase or decrease in the value of the property transferred. — Abbr, GRUT. Cf. grantor-retained annuity trust. grantor trust. A trust in which the settlor retains control over the trust property or its income to such an extent that the settlor is taxed on the trust’s income. • The types of controls that result in such tax treatment are set out in IRC (26 USCA) §§ 671-677. An example is the revocable trust. gratuitous trust. See donative trust. GST supertrust. See dynasty trust. honorary trust. (1844) A noncharitable trust that is of doubtful validity because it lacks a beneficiary capable of enforcing the trust. • Examples include trusts for the care and support of specific animals, or for the care of certain graves. The modern trend is to recognize the validity of such trusts, if the trustee is willing to accept the responsibility. If the trustee fails to carry out the duties, however, a resulting trust arises in favor of the settlor’s residuary legatees or next of kin. [Cases: Trusts 1 1-1 Illinois land trust. See land trust. illusory trust. (1939) An arrangement that looks like a trust but, because of powers retained in the settlor, has no real substance and is not a completed trust. [Cases: Trusts C--l.| imperfect trust. See executory trust, implied trust. 1. See constructive trust. 2. See resulting trust. indestructible trust. (1909) A trust that, because of the settlor’s wishes, cannot be prematurely terminated by the beneficiary. — Also termed Claflin trust. insurance trust. A trust whose principal consists of insurance policies or their proceeds. inter vivos trust (in-tar vi-vohs or vee-vohs). (1921c) A trust that is created and takes effect during the settlor’s lifetime. — Also termed living trust. Cf. testamentary trust. [Cases: Trusts CCM, 58-61.] investment trust. See investment company under COMPANY. involuntary trust. See constructive trust. irrevocable trust (i-rev-a-ka-bsl). (1837) A trust that cannot be terminated by the settlor once it is created. • In most states, a trust will be deemed irrevocable unless the settlor specifies otherwise. [Cases: Trusts 59.[ land trust. A land-ownership arrangement by which a trustee holds both legal and equitable title to land while the beneficiary retains the power to direct the trustee, manage the property, and draw income from the trust. — Also termed Illinois land trust-, naked land trust. [Cases: Trusts 140(1).] life-insurance trust. A trust consisting of one or more life-insurance policies payable to the trust when the insured dies. [Cases: Trusts C=>37.] limited trust. A trust created for a limited period. Cf. perpetual trust. liquidating trust. A trust designed to be liquidated as soon as possible. • An example is a trust into which a decedent ’s business is placed to safeguard the business until it can be sold. living trust. See inter vivos trust. mandatory trust. A trust in which the trustee must distribute ail the income generated by the trust property to one or more designated beneficiaries. — Also termed simple trust. Cf. discretionary trust. marital-deduction trust. (1953) A testamentary trust created to take full advantage of the marital deduction; esp., a trust entitling a spouse to lifetime income from the trust and sufficient control over the trust to include the trust property in the spouse’s estate at death. See marital deduction under deduction. [Cases: Internal Revenue'( 4169.1 marital life-estate trust. See bypass trust. Massachusetts trust. See business trust under trust (4). Medicaid-qualifying trust. (1989) A trust deemed to have been created in an effort to reduce someone’s assets so that the person may qualify for Medicaid, and that will be included as an asset for purposes of determining the person’s eligibility. • A person who wants to apply and qualify for Medicaid, but who has too many assets to qualify, will sometimes set up a trust — or have a spouse or custodian set up a trust — using the applicant’s own assets, under which the applicant may be the beneficiary of all or part of the payments from the trust, which are distributed by a trustee with discretion to make trust payments to the applicant. Such a trust may be presumed to have been established for the purpose of attempting to qualify for Medicaid, and may be counted as an asset of the applicant, resulting in a denial of benefits and the imposition of a penalty period during which the applicant cannot reapply. Nonetheless, Medicaid rules allow three types of trusts that do not impair Medicaid eligibility, since the trust assets are not considered the beneficiary’s property: Miller trust,pooled trust, and under-65 trust. [Cases: Health CT7-471 (6).] Miller trust. An irrevocable trust funded with the income of an incompetent beneficiary who seeks to qualify for Medicaid in a state with an income cap. • Funding is strictly limited to the beneficiary’s income (from any source). The assets in the trust are not included in the beneficiary’s estate for Medicaid purposes if the trust assets will he used to reimburse the state after the beneficiary’s death. Trust distributions are kept below the income cap in order to preserve the beneficiary’s Medicaid eligibility. This type oftrustwas first judicially sanctioned in Millerv. Ibarra, 746 F.Supp. 19 (D. Colo. 1990). — Also termed Miller’s trust; qualified income trust. ministerial trust. See passive trust. minor’s trust. See 2503(c) trust. mixed trust. A trust established to benefit both private individuals and charities. naked land trust. See land trust. naked trust. See passive trust. Nevada trust. See asset-protection trust (1). nominal trust. See passive trust. nominee trust. 1. A trust in which the beneficiaries have the power to direct the trustee’s actions regarding the trust property. 2. An arrangement for holding title to real propert y under which one or more persons or corporations, under a written declaration of trust, declare that they will hold any property that they acquire as trustees for the benefit of one or more undisclosed beneficiaries. — Also termed (in sense 2) realty trust. [Cases: Trusts 133-140.] nondiseretionary trust. See fixed trust. nongrantor-owner trust. A trust in which the beneficiary has an unrestricted power to vest the principal or interest in him or herself. IRC (26 USCA) § 678. — Also termed 678 trust. offshore asset-protection trust. See asset-protection trust (1). offshore trust. See foreign-situs trust. onerous trust. A trust that places exceptionally heavy and time-consuming duties of responsibility and care on the trustee, often without providing for compensation. • Because of the burden and inequity of requiring the trust to be administered voluntarily, courts often grant a trustee a reasonable sum for the tasks performed. oral trust. 1. A trust created by the settlor’s spoken statements as opposed to a written agreement. • Trusts of real property must usu. be in writing (because of the statute of frauds). Trusts of personal property may be created orally but require clear and convincing evidence to show that an oral trust was created. Uniform Trust Act § 8407. — Also termed parol trust. [Cases: Trusts 0^17.] 2. A trust created by operation of law, such as a resulting trust or a constructive trust. parol trust. See oral trust (1). passive trust. A trust in which the trustee has no duty other than to transfer the property to the beneficiary. — Also termed dry trust; general trust; nominal trust; simple trust; naked trust; ministerial trust; technical trust. See bare trustee under trustee. Cf. active trust. [Cases: Trusts C—136,] pension trust. An employer-funded pension plan; esp., a pension plan in which the employer transfers to trustees amounts sufficient to cover the benefits payable to the employees. [Cases: Labor and Employment 0^400.] perpetual trust, A trust that is to continue as long as the need for it continues, such as for the lifetime of a beneficiary or the term of a particular charity Cf. limited trust. personal-residence trust. An irrevocable trust to which the settlor transfers ownership of his or her personal residence while retaining the right to live there for a specified term of years. • The trust cannot hold any assets other than the residence and proceeds resulting from damage to or destruction of the residence. Cf. qualified personal-residence trust. [Cases: Trusts ou personal trust. See private trust. pet trust. An honorary trust that is established for the care and maintenance of a particular animal or group of animals. • Pet trusts are generally invalid because animals are incapable of compelling a trustee to act, and animals have no standing in law. Effectively, the trust has no beneficiary. But some states (e.g., Colorado) statutorily recognize these trusts as valid. Pet trusts are covered in the Uniform Trust Code (§ 408). pooled-income fund. See pooled-income fund. pooled trust. An irrevocable, discretionary trust that (1) is established and managed by a nonprofit association, (2) is funded with the assets of disabled persons, and (3) maintains a separate trust account for each beneficiary, but (4) pools the trust assets for investment purposes. • If the trust provides for distribution of a d eceased beneficiary’s interest to the state in reimbursement of Medicaid expenditures, a pooled-trust beneficiary may be eligible for Medicaid benefits. The assets contributed to the trust for the individual’s benefit are not treated as the beneficiary’s property. — Also termed pooled- assets trust. [Cases: Trusts Oll(l).] pourover trust. (1981) An inter vivos trust that receives property (usu. the residual estate) from a will upon the testator’s death, Cf. pourover will under will. power-of-appointment trust. (1848) A trust in which property is left in trust for the surviving spouse. • The trustee must distribute income to the spouse for life, and the power of appointment is given to the spouse or to his or her estate. A power-of-appointment trust is commonly used to qualify property for the marital deduction. See marital deduction under DEDUCTION. precatory trust (prek-s-tor-ee). (1878) A trust that the law will recognize to carry out the wishes of the testator or grantor even though the statement in question is in the nature of an entreaty or recommendation rather than a command. [Cases: Trusts <C29,| presumptive trust. See resulting trust. private trust. A trust created for the financial benefit of one or more designated beneficiaries rather than for the public benefit; an ordinary trust as opposed to a charitable trust. • Three elements must be present for a private trust: (1) the demonstrated intent of the settlor, (2) trust property (as res), and (3) a certain beneficiary capable of enforcing the trust. — Also termed personal trust. Cf. charitable trust. [Cases: Trusts OlJ protective trust. A trust that is designed to protect the trust property to ensure the continued support of the beneficiary. [Cases: Trusts 152.] “In a broad sense, a spendthrift, support, or other similarly protective trust is one created to provide a fund for the maintenance of the beneficiary and at the same time to secure it against the beneficiary's improvidence or incapacity.” 76 Am. Jur. 2d Trusts § 121 (1992). public trust. See charitable trust. purchase-money resulting trust. A resulting trust that arises when one person buys property but directs the seller to transfer the property and its title to another. • Although a purchase-money resulting trust is properly understood as a court-imposed equitable remedy rather than as a true trust, the buyer is occasionally referred to as the “beneficiary” and the titleholder as the “trustee.” — Abbr. PMRT. [Cases: Trusts 072-83,] QTIP trust (kyoo-tip). (1985) A trust that is established to qualify for the marital deduction. • Under this trust, the assets are referred to as qualified-terminable-interest property, or QTIP. See qualified-terminable-interest property under property. Cf. qualified domestic trust. [Cases: Internal Revenue 04169(4).] qualified domestic trust. A trust for a noncitizen spouse qualifying for the marital deduction. See 26 USCA § 2056(d). — Abbr. QDOT. See marital deduction under deduction. Cf. QTIP trust. qualified income trust. See Miller trust. qualified personal-residence trust. An irrevocable trust that is funded with cash and the personal residence of the grantor, who retains the right to dwell in the residence for a specified term of years. • The trust may receive and hold additional cash to pay for trust expenses, mortgage installments, and improvements to the residence. — Abbr. QPRT. Cf. personal-residence trust. [Cases: Trusts (JTMJ qualified S-corporation trust. A trust that (1) owns stock in one or more S corporations, (2) distributes all income to one individual (who must be a United States citizen or resident), (3) requires only one beneficiary at a time, and (4) requires the incoine-benefi-ciary-elect to have the trust qualify as a QSST. • The trust is rarely termed a qualified subchapter-S corporation trust but the common abbreviation is QSST, not QSCT. rabbicular trust. A rabbi trust that protects the trust assets against the claims of the employer’s creditors byconverting to a secular trust if the employer funding the trust becomes insolvent. • The term is a portmanteau word from rabbi and secular. Cf. rabbi trust-, secular trust. rabbi trust. Slang. An irrevocable grantor trust whose assets remain subject to the claims of the grantor’s general creditors, and from which benefits are paid to the grantor’s employees if a stipulated event occurs. • A rabbi trust is a form of nonqualified deferred-compensation plan. Because the trust can be reached by creditors, the participants can avoid being taxed on the constructive receipt of the benefits held in the trust. Its name derives from the IRS letter ruling that approved its use by a synagogue. Priv, Ltr. Rul. 81-13107 (Dec. 31,1980). Cf rabbicular trust; secular trust. [Cases: Labor and Employment O=>431.[ real-estate investment trust. See real-estate investment TRUST. real-estate mortgage trust. See real-estate mortgage TRUST. realty trust. See nominal trust (2). reciprocal trust. A trust arrangement between two parties in which one party is beneficiary of a trust established by the other party, and vice versa. • Such trusts are common between husband and wife. remedial trust. See constructive trust. resulting trust. (18c) A remedy imposed by equity when property is transferred under circumstances suggesting that the transferor did not intend for the transferee to have the beneficial interest in the property. — Also termed implied trust; presumptive trust. Cf. constructive trust. [Cases: Trusts C=>62-90.] retained income trust. See grantor-retained income trust. revocable trust (rev-a-ks-bal). A trust in which the settlor reserves the right to terminate the trust and recover the trust property and any undistributed income, [Cases; Trusts 0^59.] savings-account trust. See Totten trust. savings-bank trust. See Totten trust. secret trust. An instrument, usu. a will, that appears to give an absolute gift to another although the donee has orally agreed with the grantor that he or she is to use the property for the benefit of some third party, • Courts admit evidence of the promise to prevent unjust enrichment and enforce it by imposing the remedy of a constructive trust upon the reneging “trustee.” Cf, semi-secret trust. [Cases: Trusts O^ 35(3).] secular trust. An irrevocable trust, funded by an employer, that protects an employee-beneficiary’s deferred compensation from the claims of creditors during an employer’s bankruptcy or insolvency. • The trust provides the employee-beneficiary with exclusive rights. The employee enjoys security since the trust is funded and the funds are beyond the reach of creditors and immune from forfeiture, but the employee cannot defer income recognition. Cf. rab-bicular trust; rabbi trust. self-settled trust. (1969) A trust in which the settlor is also the person who is to receive the benefits from the trust, usu. set up in an attempt to protect the trust assets from creditors. • In most states, such a trust will not protect trust assets from the settlor’s creditors. Restatement (Second) of Trusts § 156 (1959). — Also termed asset-protection trust. semi-secret trust. An instrument that indicates who is to serve as a trustee but fails to identify either the beneficiary or the terms of the trust, or both. • Traditionally, this trust was deemed to fail for want of an ascertainable beneficiary. But the modern view is to provide the same relief as that given for a secret trust: to receive evidence of the donor's intent, including the intended beneficiary, and impose a constructive trust in his or her favor. Cf. secret trust. [Cases; Trusts Ol,64.] shifting trust. An express trust providing that, upon a specified contingency, it may operate in favor of an additional or substituted beneficiary. short-term trust. See Clifford trust. simple trust. 1. See mandatory trust. 2. See passive trust. 678 trust. See nongrantor-owner trust. special-needs trust. See supplemental-needs trust, special trust. See active trust. spendthrift trust. (1878) 1. A trust that prohibits the beneficiary’s interest from being assigned and also prevents a creditor from attaching that interest; a trust by the terms of which a valid restraint is imposed on the voluntary or involuntary transfer of the beneficiary’s interest. [Cases: Trusts O^H, 141, 152.) 2. A similar trust in which the restraint on alienation results from a statute rather than from the settlor’s words in the trust instrument. "Origin of the term ‘spendthrift trust.’ The phrase ‘spendthrift trust' seems to have been first used, as might be expected, in Pennsylvania. The earliest instance in which a use of the phrase has been found was in 1875, when it appeared in the syllabus of a case, though the court did not use it in its opinion. Four years later, in Overman's Appeal [88 Pa. 276 (1879)], the phrase is found in the auditor's report (in italics), while the opinion of the court in the same case refers to the trust in question as ‘atrust for a spendthrift as it is termed’ [W. at 2781. That the phrase had not become familiar by 1882 is indicated by Thackara v. M(nfzer[100 Pa. 151 (1882)1, where the head note refers to a ‘spendthrift son trust,' but the court does not use that or any similar phrase. And in 1883, in the first edition of his Restraints on Alienation, [John Chipman] Cray used the phrase only rarely, and then spoke rather apologetically of 'spendthrift trusts so called.' In the second edition of this book, published twelve years later, the use of the phrase is frequent.” Erwin N. Griswold, Spendthrift Trusts § 33, at 32 (2d ed. 1947). split-interest trust. See charitable-remainder trust, spray trust. See sprinkle trust. sprinkle trust. A trust in which the trustee has discretion to decide how much will be given to each beneficiary. — Also termed spray trust. See sprinkle POWER. standby trust. A trust created to manage a person’s assets while he or she is out of the country or disabled. Trusts 014.] supplemental-needs trust. A trust established to provide supplemental income for a disabled beneficiary who is receiving or may be eligible to receive government benefits. • This type of irrevocable trust is often used by parents of disabled children to ensure the beneficiary’s eligibility for government benefits by expressly prohibiting distributions that may be used for the beneficiary’s food, shelter, or clothing. [Cases: Trusts 0—T 1(1).] support trust, (1946) A discretionary trust in which the settlor authorizes the trustee to pay to the beneficiary as much income or principal as the trustee believes is needed for support, esp. for “comfortable support” or “support in accordance with the beneficiary’s standard ofliving.” • The beneficiary’s interest cannot be voluntarily transferred, but creditors who provide necessaries can usu. reach it; general creditors cannot. [Cases: Trusts 0—127.] technical trust. See passive trust. tentative trust. See Totten trust. testamentary trust (tes-to-men-ta-ree or -tree). (1832) A trust that is created by a will and takes effect when the settlor (testator) dies. — Also termed trust under will. Cf. inter vivos trust. [Cases: Wills 0—669-694.] Totten trust. (1931) A revocable trust created by one’s deposit of money, typically in a savings account, in the depositor’s name as trustee for another. • A Totten trust is an early form of “pay on death” account, since it creates no interest in the beneficiary unless the account remained at the depositor’s death. Its name derives from the earliest decision in which the court approved the concept, even t hough the formalities of will execution were not satisfied: In re Totten, 71 N.E. 748 (N.Y. 1904). A Totten trust is commonly used to indicate a successor to the account without having to create a will, and thus it is a will substitute. — Also termed tentative trust; bank-account trust; savings-account trust; savings-bank trust; trustee bank account, [Cases: Trusts 34(1).] “A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor, it is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration, such as delivery of the pass book or notice to the beneficiary. In case the depositor dies before the beneficiary without revocation, or some decisive act or declaration of disaffirmance, the presumption arises that an absolute trust was created as to the balance on hand at the death of the depositor.'1 In re Totten, 179 N.Y. 112, 125-26 (1904) (Vann, J.). transgressive trust. A trust that violates the rule against perpetuities. See rule against perpetuities. trust deson tort (da sawn [or son| tor[t|). See constructive trust, trust ex delicto. See constructive trust. trust ex maleficio. See constructive trust. trust for support. A trust that, by its terms, provides that the trustee must pay or apply only as much of the income and principal as is necessary for the education and support of the beneficiary. [Cases: Trusts ( 276, 280.] trust in invitum. See constructive trust. trust under will. See testamentary trust. 2503(b) trust. A trust that requires a distribution of income to the beneficiary at least annually, and provides that gifts to the trust qualifying as gifts of a present interest become eligible for the annual gift-tax exclusion. • It is named after the section of the IRS code on which it is based. IRC (26 USCA) § 2503(b). [Cases: Internal Revenue C=>4206.] 2503(c) trust. A trust with only one beneficiary, who must be a minor and must have the power to withdraw all assets from the trust upon attaining the age of 21. • "This type of trust derives its name from the requirements set forth in IRC (26 USCA) § 2503(c). Although the trust may continue after the beneficiary turns 21, gifts to the trust will no longer qualify for the annual exclusion if the beneficiary has no immediate right to withdraw the gift. — Also termed minor’s trust. [Cases; Internal Revenue 0^4206.30.] under-65 trust. A discretionary trust established for the sole benefit of a Medicaid recipient who is under the age of 65. • This type of trust may be established by anyone except the beneficiary, who must be less than 65 years old at the time of creation. The assets in trust will not be included in the beneficiary’s estate for purposes of determining Medicaid eligibility. The beneficiary may receive distributions from the trust during life, but any balance remaining in the trust must be used to reimburse the state for the beneficiary’s Medicaid expenditures. unit-investment trust. 1. A trust in which funds are pooled and invested in income-producing securities. • Units of the trust are sold to investors, who maintain an interest in the trust in proportion to their investment. 2. An investment company that gives a shareholder an undivided interest in a fixed pool of securities held by the trustee. • This type of company can be organized in several ways (as by trust indenture, contract of custodianship or agency, or similar instrument), but is most commonly organized with a trust indenture. Such a company does not have a board of directors and issues only redeemable securities, each of which represents an undivided interest in a unit of specified securities. 15 USCA § 80a-4, See investment company under company. unitrust. (1971) A trust from which a fixed percentage of the fair market value of the trust’s assets, valued annually, is paid each year to the beneficiary. [Cases: Trusts C^>276.] voluntary trust. 1. A trust that is not founded on consideration. • One having legal title to property may create a voluntary trust by (1) declaring that the property is to be held in trust for another, and (2) transferring the legal title to a third person who acts as trustee. [Cases: Trusts '13.1 2. An obligation arising out of a personal confidence reposed in, and voluntarily accepted by, one for the benefit of another. voting trust. A trust used to hold shares of voting stock in a closely held corporation, usu. transferred from a parent to a child, and empowering the trustee to exercise the right to vote. • The trust acts as custodian of the shares but is not a stockholder. Cf. voting group. [Cases: Corporations 0^198.1(1) J “At common law there was great suspicion of voting trusts. One commentator described a voting trust as ‘little more than a vehicle for corporate kidnapping,' This attitude has largely disappeared. State statutes now uniformly recognize the validity of voting trusts and they have received a more hospitable judicial reception.” Robert W. Hamilton, The Law of Corporations in a Nutshell 199 (3d ed. 1991). wasting trust. A trust in which the trust property is gradually depleted by periodic payments to the beneficiary. 4. A business combination that aims at monopoly See antitrust law. business trust, A form of business organization, similar to a corporation, in which investors receive transferable certificates of beneficial interest instead of stock shares. — Also termed Massachusetts trust; common-law trust. [Cases: Internal Revenue C--4206; Joint-Stock Companies and Business Trusts C°l, 8.] “The business trust was developed in Massachusetts from 1910 to 1925 to achieve limited liability and to avoid restrictions then existing there on a corporation's acquiring and developing real estate, by adoption of the trust device ... Henry G. Henn & John R. Alexander, Laws of Corporations § 58, at 117 (3d ed. 1983). common-law trust. See business trust. Massachusetts trust. See business trust. trust account. See client trust account. trust agreement. See declaration of trust (2) under dec- laration (i). trustbuster, n. A person — esp. a lederal officer — who seeks the dissolution of business trusts under the antitrust laws. See business trust under trust (4). trust certificate. See equipment trust certificate. trust company. See company. trust corporation. See trust company under company. trust deed. 1. See declaration of trust (2) under declara- tion (1). 2. See deed of trust under deed, trust de son tort (da sawn [or son] tor[t]), See construc- tive trust under trust. trust distribution. See dist ribution. trustee (tras-tee), n. (17c) 1. One who stands in a fidu- ciary or confidential relation to another; esp., one who, having legal title to property, holds it in trust for the benefit of another and owes a fiduciary duty to that beneficiary. • Generally, a trustee’s duties are to convert to cash all debts and securities that are not qualified legal investments, to reinvest the cash in proper securities, to protect and preserve the trust property, and to ensure that it is employed solely for the beneficiary, in accordance with the directions contained in the trust instrument. [Cases; Trusts C—133, 171.] bare trustee. A trustee of a passive trust. • A bare trustee has no duty other than to transfer the property to the beneficiary. See passive trust under trust. corporate trustee. (1852) A corporation that is empowered by its charter to act as a trustee, such as a bank or trust company. indenture trustee. A trustee named in a trust indenture and charged with holding legal title to the trust property; a trustee under an indenture, joint trustee. See cotrustee. judicial trustee. (18c) A trustee appointed by a court to execute a trust. quasi-trustee. (1830) One who benefits from a breach of a trust to a great enough degree to become liable as a trustee. successor trustee. (1866) A trustee who succeeds an earlier trustee, usu. as provided in the trust agreement. [Cases: Trusts "169. 243 J testamentary trustee (tes-ta-men-ta-ree or -tree). (1811) A trustee appointed by or acting under a will; one appointed to carry out a trust created by a will. [Cases: Wills 0-681.] ‘ township trustee. One of a board of officers to whom, in some states, a township’s affairs are entrusted. [Cases: Towns 0^28.] trustee ad litem (ad li-tem or -tarn). (1921) A trustee appointed by the court. trustee de son tort (da sawn [or son] tor[t]). (1857) A person who, without legal authority, administers a living person’s property to the detriment of the property owner. See constructive trust under trust. [Cases: Trusts O'T70.] trustee ex malejicio (eks mai-a-fish-ee-oh). (1837) A person who is guilty of wrongful or fraudulent conduct and is held by equity to the duty of a trustee, in relation to the subject matter, to prevent him or her from profiting from the wrongdoing. 2. Bankruptcy. A person appointed by the U.S, Trustee or elected by creditors or appointed by a judge to administer the bankruptcy estate during a bankruptcy case. • The trustee’s duties include (1) collecting and reducing to cash the assets of the estate, (2) operating the debtor’s business with court approval if appropriate to preserve the value of business assets, (3) examining the debtor at a meeting of creditors, (4) filing inventories and making periodic reports to the court on the financial condition of the estate, (5) investigating the debtor’s financial affairs, (6) examining proofs of claims and objecting to improper claims, (7) furnishing information relating to the bankruptcy to interested parties, and (8) opposing discharge through bankruptcy, if advisable. A trustee is appointed or elected in every Chapter 7 case, and is appointed in every Chapter 12 and Chapter 13 case under the Bankruptcy Code. A trustee is not appointed or elected in a Chapter 11 case unless the court finds that a trustee is needed and appoints one. In most Chapter 11 cases, the bankruptcy estate is administered by the debtor in possession, rather than by a trustee. The role of a bankruptcy trustee varies depending on the type of bankruptcy case. 11 USCA §§ 701-03, 1104, 1202. — Also termed (in sense 2) bankruptcy trustee; trustee in bankruptcy. See united s tates trustee. [Cases: Bankruptcy C=>3001 -3011.] interim trustee. A bankruptcy trustee appointed to perform all the functions and duties of a trustee until the regular trustee is selected and qualified. • Before the meeting of creditors, the interim trustee often preliminarily investigates the debtor’s assets and financial affairs. [Cases: Bankruptcy 0^3002.] 3. director (2). 4. Parliamentary law. An officer who audits an organization’s finances. trustee, vb. (1818) 1. To serve as trustee. 2. To place (a person or property) in the hands of one or more trustees. 3. To appoint (a person) as trustee, often of a bankrupt’s estate in order to restrain a creditor from collecting moneys due. 4, To attach (the effects of a debtor) in the hands of a third person. trustee, U.S. See united states trustee. trustee bank account. See Totten trust under trust. trustee in bankruptcy. See trustee (2). trustee process. See factorizing process. trusteeship. 1. The office, status, or function of a trustee. 2. Int ’I law. Administration or supervision of a territory by one or more countries, esp. under a U.N. trusteeship council. Cf, mandate (6). trust estate. See corpus (i). trust ex delicto. See constructive trust under trust. trust ex maleiicio. See constructive trust under trust. trust fund. (18c) The property held in a trust by a trustee; corpus (i). [Cases: Trusts 0^1.] common trust fund. (1852) A trust fund set up within a trust department to combine the assets of numerous small trusts to achieve greater investment diversification. • Common trust funds are regulated by state law. pooled-income fund. See pooled-income fund. trust-fund doctrine. (1892) The principle that the assets of an insolvent company, including paid and unpaid subscriptions to the capital stock, are held as a trust fund to which the company's creditors may look for payment of their claims. • The creditors may fol low the property constituting this fund, and may use it to reduce the debts, unless it has passed into the hands of a bona fide purchaser without notice. — Also termed trust-fund theory. [Cases: Corporations 544(2),] trust indenture. See indenture. Trust Indenture Act. A federal law, enacted in 1939, designed to protect investors of certain types of bonds by requiring that (1) the SEC approve the trust indenture, (2) the indenture include certain protective clauses and exclude certain exculpatory clauses, and (3) the trustees be independent of the issuing company. 15 USCA §§ 77aaa et seq. • The Act is administered by the U.S. Securities and Exchange Commission. [Cases: Securities Regulation C—29.10-29.14.J trust indorsement. See indorsement. trust in invitum (in in-vi-tam). See constructive trust under trust. trust instrument. See declaration of trust (2) under declaration (l), trust legacy. See legacy. trust officer. See officer (r). trustor. (1855) One who creates a trust; settlor (r). trust ownership. See ownership. trust power. See beneficial power under power (5). trust process. See process. trust property. See corpus (1). trust receipt. 1. A pre-UCC security device — now governed by Article 9 of the Code — consisting of a receipt stating that the wholesale buyer has possession of the goods for the benefit of the financier. • Today there must usu. be a security agreement coupled with a filed financing statement. [Cases: Chattel Mortgages ’9; Sales 0^454,] 2. A method of financing commercial transactions by which title passes directly from the manufacturer or seller to a banker or lender, who as owner delivers the goods to the dealer on whose behalf the banker or lender is acting, and to whom title ultimately goes when the banker's or lender’s primary right has been satisfied. trust relationship. See relationship. trust res (reez or rays). See corpus (1). trust territory. See territory. trust under will. See testamentary trust under trust. trusty, n. (1855) A convict or prisoner who is considered trustworthy by prison authorities and therefore given special privileges. [Cases: Prisons OM13,170.] truth, (bef. 12c) 1. A fully accurate account of events; factuality. 2. Defamation. An affirmative defense by which the defendant asserts that the alleged defamatory statement is substantially accurate. [Cases: Libel and Slander CC-'54.] Truth in Lending Act. See consumer credit pro lection act. — Abbr. TILA. truth-seeker. One who strives to reveal the truth <the trial lawyer should be a truth-seeker>. truth, the whole truth, and nothing but the truth. The words used in the common oath administered to a witness who is about to testify <do you swear or affirm that you shall tell the truth, the whole truth and nothing but the truth?>. • The purpose of the second part of the oath is to preclude the possibility of supressio veri; the purpose of the third part is to preclude the possibility of suggestio falsi. See suppressio veri; suggestio falsi. [Cases: Oath C~'5; Witnesses 0—227.] try, vb. (13c) To examine judicially; to examine and resolve (a dispute) by means of a trial. try title. The judicial examination of a title. See trespass to try title; action to quiet title under action (4). TSCA. abbr. Toxic Substances Control Act. 42 USCA §§ 2601 et seq. [Cases: Environmental Law CuM13.] TTB. abbr. alcohol and tobacco tax and trade BUREAU. tubman (tab-man). Hist. A junior barrister in the Court of Exchequer who made motions that were second in precedence to those of the postman. • The tubman was so called because he stood by a tub anciently used as a measure of capacity. Cf. postman. Tucker Act. A federal law enacted in 1887 to ameliorate the inadequacies of the original authority of the Court of Claims by extending that court’s jurisdiction to include (1) claims founded on the Constitution, a federal statute, or a federal regulation, and (2) damage claims in cases not arising in tori. [Cases: Federal Courts C=> 1071.1 turncoat witness. See witness. turnkey, adj. (1927) 1. (Of a product) provided in a state of readiness for immediate use <a turnkey computer networks 2. Of, relating to, or involving a product provided in this manner <a turnkey contract;?. turnkey, n. A jailer; esp., one charged with keeping the keys to a jail, or prison. turnkey contract. See engineering, procurement, and construction contract under contract. turnkey drilling contract. See drilling contract. turnover duty. Maritime law. A shipowner’s obligation to provide safe working conditions and to give notice of any nonobvious hazards regarding instruments and areas that the shipowner turns over to the stevedore and longshoremen while the ship is being loaded or unloaded. Cf. active-operations duty; intervention duty. [Cases: Shipping 0= 84(3).] turnover order. See order (2). turn state’s evidence, vb. (1846) To cooperate with prosecutors and testify against other criminal defendants offer hours of intense negotiations, the suspect accepted a plea bargain and agreed to turn state’s evidence;?. turntable doctrine. See attractive-nuisance doctrine. turpis causa (tar-pis kaw-za). [Latin “immoral consideration”] See immoral consideration under consideration (1). turpitude (tar-pa-t[y]ood). See moral turpitude. tutela (t[y]oo-tee-la), n. [Latin “tutelage”] Roman law. A type of guardianship either for those not having reached puberty (tutela impuberum) or for women (tutela mulierum). • The guardian was called the tutor, the ward the pupillus. Guardians for women no longer existed in Justinian’s time. Cf. cura. tutelage (t[y]oo-ta-lij), n. 1. The act of protecting or guiding; guardianship. 2. Int’l law. The state of being under the care and management of an international organization such as the League of Nations or United Nations. • This term applies, for example, to the status of a people who do not yet benefit from a fully operational government of their own — such as people displaced by war and living in a territory that will in the future be given its autonomy. tutor, n. 1. One who teaches; esp., a private instructor. Pl. tutors. 2. Roman & civil law. A guardian of a minor; a person appointed to have the care of the minor’s person and estate. • The guardian of a minor past the age of puberty is called a curator and has duties somewhat different from those of a tutor. Pl. tutores. [Cases: Guardian and Ward C TO, 17.] tutor dativus (t[y]oo-tor [or -?r] da-ti-vas). [Latin] Roman law. A tutor appointed by the court upon application. Pl. tutores dativi. tutor geretts (t[y]oo-tor [or -tar] jeer-enz). [Latin] Roman law. A tutor who, though not sole tutor, actually administered the ward’s affairs. Pl. tutores gerentes. tutor legitimus (t[y|oo-tor [or-sr] la-jit-i-mas). [Latin] Roman law. A tutor-at-law; a tutor by virtue of the relationship with the pupil, such as a paternal uncle. Pl. tutores legitimi. tutor testamentarius (t[y]oo-tor [or -ar] tes-ta-men-tair-ee-as). [Latin] Roman law. A tutor appointed by will to have the guardianship over the testator’s children. Pl. tutores testamentarii. undertutor. Civil law. A person appointed by a court to represent a minor under the care of a tutor when the interests of the minor conflict with that of the tutor. See tutorship. [Cases: Guardian and Ward 012.] tutorio nomine (t[y]oo-tor-ee-oh nahm-a-nee). [Latin] Hist. In the name and character of tutor. tutor legitimus. See tutor. tutorship. Civil law. The office and power of a tutor; the power that an individual has, sui juris, to take care of one who cannot care for himself or herself. • The four types of tutorship are (1) tutorship by nature, (2) tutorship by will, (3) tutorship by the effect of the law, and (4) tutorship by judicial appointment. La. Civ. Code art. 247. [Cases: Guardian and Ward Ol.J dative tutorship. Civil law. Tutorship that arises from a court’s appointment, usu. on the advice of the family. — Also termed dative curatorship; tutorship bv judicial appointment. [Cases: Guardian and Ward <>10.1 legal tutorship. Civil law. Tutorship that is bestowed by statute and does not require a court’s or family’s approval. • For example, a spouse has the legal tutorship of the incompetent spouse. — Also termed tutorship by the effect of the law. [Cases: Guardian and Ward 010.] tutorship by judicial appointment. Civil law. See dative tutorship. tutorship by nature. 1, Tutorship of a minor child that belongs by right to a surviving parent. 2. Tutorship of a minor child that belongs to the parent under whose care the child has been placed following divorce or judicial separation. • If the parents are awarded joint custody, both have cotutorship and equal authority, privileges, and responsibilities. La. Civ. Code art. 250. [Cases: Child Custody O] tutorship by the effect of the law. Civil law. See legal tutorship. tutorship by will. Tutorship that is created (1) by the will of the parent who dies last, or (2) by any declaration of the surviving father or mother (or the parent who is the curator of the other spouse), executed before a notary and t wo witnesses. La. Civ. Code art. 257. tutor testamentarius. See tutor. tutory (t[y]oo-tar-ee). 1. Guardianship; charge. 2. Tutorage; tutelage. — Also spelled tutry; tutoury. Cf. TUTELAGE (l). tutrix. Archaic. A female tutor. See tutor (2). tutus accessusnonfuit (t[y]oo-tas ak-ses-ss non fyoo-it). [Latin] Hist. There was no safe access. TVA. abbr. Tennessee valley authority. Twelfth Amendment. The constitutional amendment, ratified in 1804, that altered the electoral-college system by separating the balloting for presidential and vicepresidential candidates. • In 1800, members of the Electoral College could cast votes only for the office of President, and Thomas Jefferson and his running mate Aaron Burr each received the same number of votes. The House of Representatives had to break the tie. [Cases: United States 0^25.] twelve-day rule. Criminal procedure. A rule in some jurisdictions requiring that a person charged with a felony be given a preliminary examination no later than 12 days after the arraignment on the original warrant. [Cases: Criminal LawCVfiT.] twelve-month liquidation. See liquidation. Twelve Tables. Roman law. The earliest surviving legis- lation enacted by the Romans, written on 12 tablets in the 5th century b.c. • The Tables set out many rights and duties of Roman citizens, including debtors’ rights, family law, wills, torts, civil procedure, and some public law. They substituted a written body of laws, easily accessible and binding on all citizens of Rome, for an unwritten usage accessible to only a few. The law of the Twelve Tables was also known as the Lex Duodecim Tabularum. “The Twelve Tables continued to be recognized for many centuries as the fundamental law of the Romans; they did not formally lose this character until it was taken from them by the legislation of Justinian." James Hadley, Introduction to Roman Law74-75 (1881). Twentieth Amendment. The constitutional amendment, ratified in 1933, that changed the date of the presidential and vice-presidential inaugurations from March 4 ' to January 20, and the date for congressional convention from March 4 to January 3, thereby eliminating the short session of Congress, during which a number of members sat who had not been reelected to office. — Also termed lame-duck amendment. [Cases: United States Cr>26.] Twenty-fifth Amendment. The constitutional amendment, ratified in 1967, that established rules of succession for the presidency and vice presidency in the event of death, resignation, or incapacity. • Article II, § 1 of the Constitution provides for the Vice President to assume the President’s powers and duties but does not clearly state that the Vice President also assumes the title of President. [Cases: United States 0—26.] Twenty-first Amendment. The constitutional amendment, ratified in 1933, that repealed the 18th Amendment (which established national Prohibition) and returned the power to regulate alcohol to the states. [Cases: Intoxicating Liquors 0-5.1, 17.] 2503(b) trust. See trust (3). 2503(c) trust. See trust (3). Twenty-fourth Amendment. The constitutional amendment, ratified in 1964, that prohibits the federal and state governments from restricting the right to vote in a federal election because of one’s failure to pay a poll tax or other tax. [Cases: Elections 0-83.] Twenty-second Amendment. The constitutional amendment, ratified in 1951, that prohibits a person from being elected President more than twice (or, if the person succeeded to the office with more than half the predecessor’s term remaining, more than once). [Cases: Un ited States 26. Twenty-seventh Amendment. The constitutional amendment, ratified in 1992, that prevents a pay raise for senators and representatives from taking effect until a new Congress convenes. • This amendment was proposed as part of the original Bill of Rights in 1789, but it took 203 years for the required three-fourths of the states to ratify it. — Also termed Madison Amendment. [Cases: United States O^>39(6),| Twenty-sixth Amendment. The constitutional amendment, ratified in 1971, that sets the minimum voting age at 18 for all state and federal elections. [Cases: Elections 0^18.] Twenty-third Amendment. The constitutional amendment, ratified in 1961, that allows District of Columbia residents to vote in presidential elections. [Cases: United States C--25.] twist, n. Slang. An informant who provides testimony in exchange for leniency in sentencing, rather than for money. See informant. twisting, n. An insurance agent’s or company’s misrepresenting or misstating facts, or giving an incomplete comparison of policies, to induce an insured to give up a policy in one company and buy another company’s policy. [Cases: Insurance <O’ 1563,1618,] two-controlled-studies standard. The requirement by the Federal Trade Commission that before the maker of an over-the-counter painkiller can advertise that it is better or has fewer side effects than another brand, the maker must verify the claim in two scientifically controlled studies. two-dismissal rule. (1944) The rule that a notice of voluntary dismissal operates as an adjudication on the merits — not merely as a dismissal without prejudice — when filed by a plaintiff who has already dismissed the same claim in another court. [Cases: Federal Civil Procedure 1714: Pretrial Procedure C“'519.| 245(1) waiver. Immigration law. An Immigration and Nationality Act provision that allows certain qualified aliens who are otherwise ineligible for adjustment of their status to pay a penalty for the convenience of having their status adjusted to permanent-resident status without having to leave the United States. 8 USCA § 1255(i), Cf. adjustment of status. [Cases: Aliens, Immigration, and Citizenship C—309.] two-issue rule. (1929) The rule that if multiple issues were submitted to a trial jury and at least one of them is error-free, the appellate court should presume that the jury based its verdict on the proper issue — not on an erroneous one — and should therefore affirm the judgment. [Cases: Appeal and Error 1068(2).] two-party payment. See payment. two-round voting. See voting. two-stage trial. See bifurcated trial under trial. two-tier offer. A two-step technique by which a bidder tries to acquire a target corporation, the first step involving a cash tender offer and the second usu. a merger in which the target company’s remaining shareholders receive securities from the bidder (these securities ordinarily being less favorable than the cash given in the first step). two-witness rule. (1900) 1. The rule that, to support a perjury conviction, two independent witnesses (or one witness along with corroborating evidence) must establish that the alleged perjurer gave false testimony. [Cases: Perjury 0^34,] 2. The rule, as stated in the U.S. Constitution, that no person may be convicted of treason without two witnesses to the same overt act — or unless the accused confesses in open court. U.S. Const, art. IV, § 2, cl. 2. [Cases: Treason 13.] tying, adj. Antitrust. Of or relating to an arrangement whereby a seller sells a product to a buyer only if the buyer purchases another product from the seller <tying agreement;-. [Cases: Antitrust and Trade Regulation 0568.) tying arrangement. Antitrust. (1953) A seller’s agreement to sell one product or service only if the buyer also buys a different product or service; a seller’s refusal to sell one product or service unless the buyer also buys a different product or service. • The product or service that the buyer wants to buy is known as the tying product or tying service; the different product or service that the seller insists on selling is known as the tied produc t or tied service. Tying arrangements may be illegal under the Sherman or Clayton Act if their effect is too anticompetitive. — Also termed tying agreement; tie-in; tie-in arrangement. Cf. reciprocal dealing. [Cases: Antitrust and Trade Regulation <0^568.) “The courts have developed an easily articulated text for so-called per se illegal tying arrangements, although the test varies from one circuit court to another. ... In operation, the tests are similar, and the three-part test combines elements that are separated in the tests of other circuits. For purpose of analysis we use this five-part test: (1) There must be separate tying and tied products: (2) there must be ‘evidence of actual coercion by the seller that in fact forced the buyer to accept the tied product . . (3) the seller must possess ‘sufficient economic power in the tying product market to coerce purchaser acceptance of the tied product . . (4) there must be ‘anticompetitive effects in the tied market..and (5) there must be ‘involvement of a “not insubstantial" amount of interstate commerce in the tied product market. . . Herbert Hovenkamp, Federal Antitrust Policy 392 (2d ed. 1999) (quoting Yetsch v. Texaco, Inc., 630 F.2d 46, 56, 57 (2d Cir. 1980)). “The traditional objection to tying arrangements is that they enable a firm having a monopoly in one market to obtain a monopoly in a second one. Thus, a firm having monopoly power in the market for business machines could obtain a monopoly on punch cards as well simply by refusing to sell or lease its machines unless the purchaser or lessee agreed to use only its punch cards in the machines.’ Richard A. Posner, Antitrust Low 197 (2d ed. 2001). tying product. See tying arrangement. tying service. See tying arrangement. typed drawing. See drawing. typed-form drawing. See typed drawing under drawing, typographum (ti-pog-ra-fsm), [Latin] Hist. Impressed by use of a type, as distinguished from chirographum (“written by hand”). tyranny. 1, The severe deprivation of a natural right. 2. The accumulation of all powers — the legislative, executive, and judicial — in the same hands (whether few or many). • Sense 2 expresses the Madisonian view of tyranny, to be found in The Federalist, No. 47. 3. Arbitrary or despotic government; the severe and autocratic exercise of sovereign power, whether vested constitutionally in one ruler or usurped by that ruler by breaking down the division and distribution of governmental powers. — tyrannical, tyrannous, adj. tyrant, n. A sovereign or ruler, legitimate or not, who wields power unjustly and arbitrarily to oppress the citizenry; a despot. u U3C. abbr. uniform consumer credit code. UAA. abbr. uniform adoption act. UAGA. abbr. uniform anatomical gift act. U.B. abbr. Upper Bench. See bancus superior under BANCUS. uberior titulus (yoo-beer-ee-or tich-a-bs). [Latin] Hist. The fuller title. uberrimaefidei (yoo-ber-a-meefi-dee-i). [Latin] (1850) Of the utmost good faith. See contract uberrimae fidei under contract. [Cases: Insurance 1867, 2996.] uberrimafides (yoo-ber-a-ms ft-deez), rt. [Latin] Utmost good faith <a contract requiring uberrima fides>, ubi (yoo-bi or oo-bee). [Latin] Where. ubi aberat animus foenerandi (yoo bi a-her at an-a-mas fee-na-ran-di). [Latin] Hist. Where the intention of taking of a usurious interest was wanting. • A lender was not liable for usurious provisions in a contract unless the lender had the requisite intention of exacting the money. Cf. usura velata. ubi defunctus habuit domicilium (yoo bi di fangk tas hay-byoo-it dom a-sil-ee-omj. [Law Latin] Scots law. Where the decedent had his domicile. ubi dies cessit, licet nondum venerit (yoo-bi di-eez ses-it, li-set non-dam vs-neer-it). [Latin] Hist. In the case where the time has arrived at which money is due, although that time has not arrived at which it may be exacted. See debitum in diem. ubi dolus dedit causam contractui (yoo-bi doh-las dee-ditkaw-zamkan-trak-choo-i), [Latin] Hist. Where fraud gave rise to the contract. ubi re vera (yoo-bi ree veer-a). [Latin] Where in reality; when in truth or in point of fact. ubi supra (yoo-bi s[y]oo-prs). [Latin] Where stated above. UCC. abbr. 1. uniform commercial code. 2. universal COPYRIGHT CONVENTION. UCC battle of the forms. See battle of the forms. UCCC. abbr. uniform consumer credit code. UCCJA. abbr. uniform child custody jurisdiction act. UCCJEA. abbr. uniform child custody jurisdiction and enforcement act. UCE. abbr. Unsolicited commercial e-mail. See spam. UCITA. abbr. uniform computer information transactions act. UCMJ. abbr. uniform code of military justice. UCP. abbr. uniform customs and practice for com- mercial documentary credits. UCR. abbr. uniform crime reports. UDITPA. abbr. uniform division of income for tax purposes act. UDRA. abbr. uniform divorce recognition act. UDRP. abbr. uniform domain-name dispute-reso- lution policy. UDTPA. abbr. uniform deceptive trade practices act. UETA. abbr. uniform electronic transactions act. UFCA. abbr. uniform fraudulent conveyances act. UFTA. abbr. uniform fraudulent transfer act. UGMA. abbr. Uniform Gifts to Minors Act. See uniform transfers to minors act. UHCDA. abbr. uniform health-care decision act. UIFSA. abbr. uniform interstate family support act. UIJC. abbr. uniform interstate juvenile compact. UJCA. abbr. uniform juvenile court act. U.K. abbr. united kingdom. ukase (yoo-kays or yoo-kays). (18c) A proclamation or decree, esp. of a final or arbitrary nature. • This term originally referred to a decree issued by a Russian czar. ullage (al-ij), n. The degree to which a container of liquid falls short of being full. ullage, vb. To determine the amount of ullage in a container holding liquid. ulnaferrea (al-na fer-ee-a). [Law Latin “iron ell”] Hist. An iron measuring device, approximately a yard in length, kept in the Exchequer as a standard measure. ulnage (al-nij). Alnage. See alnager. ULPA. abbr. uniform limited partnership act. ulterior intent. See intent (i). ulterior remainderman. See remainderman. ultima ratio (al-ti-ma ray-shee-oh). [Latin] 1. The final argument; the last resort; the means last to be resorted to. 2. A final sanction. ultimate fact. See fact. ultimate issue. See issue (i). ultimate question. See ultimate issue under issue (i). ultimate species. See species (2). ultimatum (al-ta-may-tam), n. (18c) The final and cate- gorical proposal made in negotiating a treaty, contract, or the like. • An ultimatum implies that a rejection might lead to a break-off in negotiations or, in international law, to a cessation of diplomatic relations or even to war. Pl. ultimatums. ultimatum suppiicum. [Law Latin “final or ext reme punishment”) Capital punishment. ultimogeniture. See borough English. ultimo loco (al-ti-moh loh-koh). [Latin] Hist. In the last place. • The phrase usu. referred to the position of a claimant who takes only after all other claims have been satisfied. ultimum tempus pariendi (al-ti-mam tem-pss par-ee-en-di). [Law Latin “last date for giving birth”] Hist. A time beyond or after which a child may not be born. • The phrase was used, for example, in determining legitimacy or paternity. ultimus heres (al-ti-mas heer-eez). See heres. ultra fines compromissi (al-tra fi-neez kom-pra-mis-i). [Law Latin] Hist. Beyond the limits of the submission to arbitration. See ultra vires compromissi. ultra fines decreti (al-tra fi-neezdi-kree-ti). [Law Latin] Hist. Beyond the limits of the decree, ultra fines mandati (al-tra fi-neez man-day-ti), [Law Latin] Hist. Beyond the limits of the mandate. ultrahazardous. See extrahazardous. ultrahazardous activity. See abnormally dangerous ACTIVITY. ultra licitum (al-tra lis-i-tam). [Law Latin] Hist. Beyond what is permissible or legal. ultra mare (al-tra mair-ee or mahr-ee). [Latin] See BEYOND SEAS. ultra petita (al-tra pa-ti-ta). [Law Latin] Hist. Beyond that which was sought. “A judgment or decision is said to be ultra petita when it awards more than was sought or sued for in the petition or summons; and the same thing is said of a sentence when it [does] not conform to its grounds and warrants. This affords a good ground for the reversal or reduction of such a decree." John Trayner, Trayner's Latin Maxims 609—10 (4th ed. 1894). ultra reprises (al-tra ri-priz-iz). After deduction of expenses; net. ultra valorem (al-tra va-lor-am). [Law Latin] Hist. Beyond the value. ultra vires (al-tra vi-reez also veer-eez), adj. [Latin “beyond the powers (of)”] (18c) Unauthorized; beyond the scope of power allowed or granted by a corporate charter or by law <the officer was liable for the firm’s ultra vires actions>. — Also termed extra vires. Cf. intra vires. [Cases: Corporations 0^370(1), 385.] — ultra vires, adv. ultra vires compromissi (al-tra vi-reez [o/so veer-eez] kom-pra-mis-i). [Law Latin] Hist. Beyond the force of the submission to arbitration; beyond the authority of the submission. • An arbitration award, for example, could be reduced if the award was greater than the submission warranted. ultra vires inventarii (al-tra vi-reez [also veer-eez] in-ven-tair-ee-i). [Law Latin] Hist. Beyond the value of the inventory. • An executor was not liable for the decedent’s debts ultra vires inventarii. ultroneous witness. See witness. umbrella insurance. See insurance. umbrella limited partnership. See partnership. umbrella order. See blanket order (i). umbrella-partnership real-estate investment trust. See real-estate investment trust. umbrella policy. See insurance policy. umbrella protective order. See blanket protective order under protective order. UMDA. abbr. uniform marriage and divorce act. umpirage (am-pir-ij). 1, The office or authority of an umpire. 2. The decision (such as an arbitral award) of an umpire. umpire. (15c) An impartial person appointed to make an award or a final decision, usu. when a matter has been submitted to arbitrators who have failed to agree. • An arbitral submission may provide for the appointment of an umpire. — Also termed (in Scots law) oversman. [Cases: Alternative Dispute Resolution C~ 239.] — umpire, vb. UMTA. abbr. urban mass transit administration. un-,prefix, (bef. 12c) 1. Not <unassignable>. 2. Contrary to; against <unconstitutional>. U.N. abbr. united nations. unaccrued, adj. Not due, as rent on a lease. una cum. [Latin] Together with. unalienable, adj. See inalienable. unanimous (yoo-nan-a-mas), adj. (17c) 1. Agreeing in opinion; being in complete accord <the judges were unanimous in their approval of the recommendations 2. Arrived at by the consent of al l <a unanimous verdict>. See unanimous consent under consent (2); unanimous vote under vote. Cf. without objection under objection (3). unanimous consent. See consent (2). unanimous-consent agenda. See consent calendar under calendar (4). unanimous-consent agreement. Parliamentary law. An agreement, negotiated between opposing sides debating a motion, regarding the procedure under which the assembly will consider the motion. • The unanimous-consent agreement is a common practice in the U.S. Senate. — Also termed time agreement. See unanimous consent under consent (2). unanimous-consent calendar. See consent calendar under calendar (4). unanimous vote. See vote (3). unascertained duty. See duty (4). unauthorized, adj. (16c) Done without authority; specif, (of a signature or indorsement), made without actual, implied, or apparent authority. UCC § 1-201(43). [Cases: Principal and Agent 147-162.] unauthorized completion. Commercial law. The act of filling in missing information in a negotiable instrument either without any authority to do so or without adequate authority. • Unauthorized completion is a personal defense, so it can be raised against any later holder of the instrument who does not have the rights of a holder in due course. See personal defense under defense (4). [Cases: Bills and Notes 0^60,378, 452(1).] unauthorized indorsement. See indorsement. unauthorized practice of law. See practice of law. unauthorized signature. See signature. unauthorized use of a vehicle. See joyriding. unavailability, n. (1855) The status or condition of not being available, as when a witness is exempted by court order from testifying. • Unavailability is recognized under the Federal Rules of Evidence as an exempt ion to the hearsay rule. Fed. R. Evid. 804. [Cases: Criminal Law 0419(5); Evidence ■ .317(17). una voce (yoo-na voh-see). [LatinJ With one voice; unanimously; without dissent. unavoidable accident. See accident. unavoidable-accident doctrine. (1961) Torts. The rule holding no party liable for an accident that was not foreseeable and that could not have been prevented by the exercise of reasonable care. • The modern trend is for courts to ignore this doctrine and to rely instead on the basic concepts of duty, negligence, and proximate cause. — Also termed inevitable-accident doctrine. [Cases: Automobiles C=>201(10); Negligence <p>440.] unavoidable casualty. See unavoidable accident under accident. unavoidable cause. See cause (1). unavoidable danger. See danger. unbanked, adj. Lacking a formal relationship with a bank or other financial institution. • Unbanked consumers are the most frequent users of money services businesses. unborn beneficiary. See beneficiary. unborn child. See child. unborn-widow rule. (1957) The legal fiction, assumed under the rule against perpetuities, that a beneficiary’s widow is not alive at the testator’s death, and thus a succeeding life estate to her voids any remainders because the interest would not vest within the perpetuities period. See rule against perpetuities. unbroken, adj. (14c) Not interrupted; continuous <unbroken possession by the adverse possessor;-. unbundling rules. Telecommunications. Regulations passed by the Federal Communications Commission to effectuate the local-competition requirements of the Telecommunications Act of 1996, which requires local-exchange carriers to provide access to elements of local-exchange networks on an unbundled (i.e., separated) basis. 47 USCA § 251; 47 CFR pt. 51. See network element. [Cases: Telecommunications 0^860.] uncertain damages. See damages. uncertificated security. See security. uncertified security. See uncertificated security under security. uncia (an-shee-a), n. [Latin] 1, Roman law. One-twelfth of the as (a pound or, by analogy, an estate or inheritance). • The English word ounce is derived from this term. Cf. as; bes. 2. Hist. A measure of land used in a royal charter. • The size of an uncia is unclear, but it may have measured 1,200 square feet (i.e., 12 modify 3. Generally the proportion of one-twelfth. unciarius heres (an-shee-air-ee-as heer-eez). [Latin] Roman law. An heir to one-twelfth of an estate or inheritance. uncitable. See noncitable. UNCITRAL Rules. The Arbitration Rules of the United Nations Commission on International Trade Law, applicable to all international commercial arbitrations except as prohibiled by the local law where the arbitration takes place. unclean bill of lading. See bill of lading. unclean-hands doctrine. See clean-hands doctrine. uncollected funds. A credit, such as an increase in the balance of a checking or other deposit account in a financial institution, given on the basis of a check or other right to payment that has not yet been received from the drawee or other payor. [Cases: Banks and Banking O 122, 133, 137.] unconditional, adj. (17c) Not limited by a condition; not depending on an uncertain event or contingency; absolute. unconditional delivery. See delivery. unconditional discharge. See discharge (5). unconditional heir. See heir. unconditional pardon. See absolute pardon under PARDON. unconditional promise. See promise. unconditional release. See release. unconscionability (an-kon-sha-na-bil-a-tee). (16c) 1, Extreme unfairness. • Unconscionability is normally assessed by an objective standard: (1) one party’s lack of meaningful choice, and (2) contractual terms that unreasonably favor the other party. 2. The principle that a court may refuse to enforce a contract that is unfair or oppressive because of procedural abuses during contract formation or because of overreaching contractual terms, esp. terms that are unreasonably favorable to one party while precluding meaningful choice for the other party. • Because unconscionability depends on circumstances at the time the contract is formed, a later rise in market price is irrelevant. [Cases: Contracts "Traditionally, a bargain was said to be unconscionable in an action at law if it was 'such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other;’ damages were then limited to those to which the aggrieved party was 'equitably' entitled. Even though a contract was fully enforceable in an action for damages, equitable remedies such as specific performance were refused where ‘the sum total of its provisions drives too hard a bargain for a court of conscience to assist.’ Modern procedural reforms have blurred the distinction between remedies at law and in equity. For contracts for the sale of goods, Uniform Commercial Code § 2-302 states the rule of this Section without distinction between law and equity. Comment 1 to that section adds, ‘The principle is one of the prevention of oppression and unfair surprise ... and not of disturbance of allocation of risks because of superior bargaining power.'" Restatement (Second) of Contracts § 208 cmt. b (1979) (citations omitted). “Nowhere among the [Uniform Commercial] Code's many definitions is there one of unconscionability. That the term is incapable of precise definition is a source of both strength and weakness.” E. Allan Farnsworth, Contracts § 4.28, at 310 (3d ed. 1999) procedural unconscionability, (1973) Unconscionability resulting from improprieties in contract formation (such as oral misrepresentations or disparities in bargaining position) rather than from the terms of the contract itself. [Cases: Contracts 1,] "Most cases of unconscionability involve a combination of procedural and substantive unconscionability, as it is generally agreed that if more of one is present, then less of the other is required." E. Allan Farnsworth, Contracts § 4.28, at 312 (3d ed. 1999). substantive unconscionability, (1973) Unconscionability resulting from actual contract terms that are unduly harsh, commercially unreasonable, and grossly unfair given the existing circumstances. [Cases: Contracts <C=?1.] unconscionable (an-kon-sha-na-bal), adj. (16c) 1. (Of a person) having no conscience; unscrupulous <an unconscionable used-car salesman?. 2. (Of an act or transaction) showing no regard for conscience; affronting the sense of justice, decency, or reasonableness <the contract is void as unconscionable?. Cf. conscionable. [Cases: Contracts 1.] unconscionable agreement. See agreement, unconscionable bargain. See unconscionable agreement under agreement. unconscionable contract. See unconscionable agreement under agreement. unconscious, adj. Without awareness; not conscious. • A person who commits a criminal act while unconscious may be relieved from liability for the act. unconsciousness defense. See automatism. unconstitutional, adj. (18c) Contrary to or in conflict with a constitution, esp, the U.S. Constitution <the law is unconstitutional because it violates the First Amendment’s free-speech guarantee?. Cf, nonconstitutional. unconstitutional-conditions doctrine. Constitutional law. 1. The rule that the government cannot condition a person’s receipt of a governmental benefit on the waiver of a constitutionally protected right (esp. a right under the First Amendment). • For example, a television station that receives public funds cannot be forced to refrain from endorsing political candidates. [Cases: Constitutional Law1057.] 2. The rule that the government cannot force a defendant to choose between two constitutionally protected rights. — Also termed doctrine of unconstitutional conditions. unconstitutionally vague. See vague. uncontestable clause. See incontestability clause. uncontested divorce. See divorce. uncontested hearing. See hearing. uncontrollable, adj. Incapable of being controlled, uncontrollable impulse. See impulse. uncontrolled-securities-offering distribution. See secu- rities-offering distribution (2) under distribution. uncopyrightable, adj. (Of a work) ineligible for copy- right protection either because the work lacks originality or because it is an idea, concept, process, or other abstraction that is not included in one of the eight covered classifications of copyrightable works. 17 USCA §§ 101-106. [Cases: Copyrights and Intellectual Property 0-4.] uncore prist (an[g]-kor prist). [Law French “still ready”] Hist. A plea by which a party alleges readiness to pay or perform what is justly demanded. “Yet sometimes, after tender and refusal of a debt, if the creditor harasses his debtor with an action, it then becomes necessary for the defendant to acknowledge the debt, and plead the tender; adding, that... he is still ready, uncore prist, to discharge it...." 3 William Blackstone, Commentaries on the Laws of England 303 (1768). uncorrectability defense. Patents. An affirmative defense in an infringement suit, established by showing (1) that a coinvenlor’s name was omitted from a patent, and (2) that the patent cannot be corrected because the named coinventor acted with deceptive intent, [Cases; Patents 0=283(1),] uncounseled, adj. Without the benefit or participation of legal counsel <an uncounseled conviction? <an uncounseled defendant?. uncovered option. See naked option under option. UNCRC. abbr. united nations convention on the RIGHTS OF THE CHILD. unde nihil habet (an-dee nr-hif hay-bat). [Law Latin “whereof she has nothing”] Hist. A writ of dower for a widow where no dower had been assigned to her within the time allowed by law. See writ of dower. Cf, de DOTE UNDE NIL HABET. undercapitalization. See capitalization. undercover agent. See agent. undercurrent of surface stream. Water that moves slowly through the bed of a stream or the lands under or immediately adjacent to the stream. • This water is considered part of the surface stream. — Also termed underflow of surface stream. underdeveloped country. See developing country. underflow of surface stream. See undercurrent of SURFACE STREAM. underground economy. See shadow economy. underground recording. See bootleg recording (i). underinsurance. An agreement to indemnify against property damage up to a certain amount but for less than the property’s full value. underinsured-motorist coverage. Insurance that pays for the insured’s losses and injuries negligently caused by a driver does not have enough liability insurance to cover the damages. Cf. uninsured-motorist coverage. [Cases: Insurance\f~2772, 2787.] underlease. See sublease. underlessor. See sublessor. under one’s hand. (Of a person’s signature) affixed manually, as opposed to printed or stamped. under protest. See protest (3). Undersecretary of Commerce for Intellectual Property, See director of the united states patent and trademark office. undersheriff. See deputy sheriff under sheriff'. undersigned, n. (17c) A person whose name is signed at the end of a document <the undersigned agrees to the terms and conditions set forth abovex under-65 trust. See trust. understand, vb. To apprehend the meaning of; to know <the testator did not understand what he was signingx understanding, n. (bef. 12c) 1. The process of comprehending; the act of a person who understands something. 2. One’s personal interpretation of an event or occurrence. 3. An agreement, esp. of an implied or tacit nature. under submission. (18c) Being considered by the court; under advisement <the case was under submission in the court of appeals for more than two years>. undertake, vb. (13c) 1. To take on an obligation or task <he has undertaken to chair the committee on legal aid for the homelessx 2. To give a formal promise; guarantee <the merchant undertook that the goods were waterproofs 3. To act as surety for (another); to make oneself responsible for (a person, fact, or the like) <her husband undertook her appearance in court>. [Cases: Undertakings 1.] undertaking, n. (14c) 1. A promise, pledge, or engagement. [Cases: Undertakings C351.] 2. A bail bond. [Cases: Bail O~'54.] undertenant. See sublessee. under the influence. (1879) (Of a driver, pilot, etc.) deprived ofclearness ofmind and self-control because of drugs or alcohol. See driving under the influence. [Cases: Automobiles <0=332.] Undertreasurer of England. Hist. An officer immediately subordinate to the Lord High Treasurer. undertutor. See tutor. underwriter. 1. insurer. 2. One who buys stock from the issuer with an intent to resell it to the public; a person or entity, esp. an investment banker, who guarantees the sale of newly issued securities by purchasing all or part of the shares for resale to the public. [Cases: Securities Regulation 1 ’ 11.1 ,S. 60.31.] “The term ‘underwriter’ derives its meaning from former British insurance practices. When insuring their cargo shippers would seek out investors to insure their property. The insurers would add their signatures and would write their names under those of the shipper; hence the term ‘underwriters.’ Both in terms of the insurance industry and the securities markets, the concept of underwriting has expanded significantly since its inception." Thomas Lee Hazen, The Law of Securities Regulation § 2.1, at 57 (2d ed. 1994). chartered life underwriter. An underwriter who has satisfied the requirements set forth by The American College (formerly The American College of Life Underwriters) to be designated a life insurance underwriter. — Abbr. CLU. insurance underwriter. 1. insurer. — Also termed writer. 2. An insurance-company employee who is responsible for determining whether to issue a policy and the amount to charge for the coverage provided. [Cases: Insurance Q~ 1515.] underwriting, n. 1. The act of assuming a risk by insuring it; the insurance of life or property. See insurance. [Cases: Insurance 1515.] 2. The act of agreeing to buy all or part of a new issue of securities to be offered for public sale. [Cases: Securities Regulation C—H1.18, 60.31.] — underwrite, vb. best-efforts underwriting. Underwriting in which an investment banker agrees to direct, but not guarantee, the public sale of the issuer’s securities. • The underwriter, or underwriting group, sells the securities as agent for the issuer, and unsold securities are never issued. firm-commitment underwriting. Underwriting in which the underwriter agrees to buy and sell all the shares to be issued and assumes full financial responsibility for any unsold securities, • The underwriter, or underwriting group, buys the securities from the issuer and resells them as principal. In this type of underwriting, securities that are not sold to the public are owned by the underwriter, and the issuer is paid for those securities as well as the others, standby underwriting. Underwriting in which the underwriter agrees, for a fee, to buy from the issuer any unsold shares remaining after the public offering. — Also termed strict underwriting. underwriting agreement. See agreement, underwriting spread. See spread (4). undesirable discharge. See discharge (8), unde vi (an-dee vi). [Latin] Roman law. A praetorian interdict allowing one who was violently dispossessed ol'a thing to recover it. undigested offering. See offering. undisclosed agency. See agency (i). undisclosed principal. See principal (i). undisputed, adj. Not questioned or challenged; uncontested. undisputed fact. See fact. undistributed-earnings tax. See accumulated-earnings tax under tax. undistributed profit. See retained earnings under EARNINGS. undivided interest. See interest (2). undivided profit. See accumulated profit under profit (1) . undivided right. See undivided interest under interest (2) . undivided title. See undivided interest under interest (2). undocumented alien. See illegal alien under alien. undue, adj. (14c) 1. Archaic. Not yet owed; not currently payable can undue debt>. 2. Excessive or unwarranted <undueburden> <undue influences — unduly, adv. undue-breadth rejection. See rejection. undue burden, n. See burden. undue-burden test. (1992) Constitutional law. The Supreme Court test stating that a law regulating abortion will be struck down if it places a substantial obstacle in the path of a woman’s right to obtain an abortion. • This test replaced the “trimester analysis” set forth in Roe v. Wade, in which the state’s ability to restrict abortion increased after each trimester of pregnancy. Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, 112 S.Ct. 2791 (1992). [Cases; Abortion and Birth Control <3=T04.] undue experimentation. Patents. An unreasonable amount of research and testing that would be required for a person skilled in the appropriate art to make and work an invention from the specification in the patent application. • If undue experimentation would be required, the application fails the embodiment requirement of 35 USCA § 112. See wands test. [Cases: Patents <C— 99.] undue hardship. See hardship. undue influence. (18c) 1. The improper use of power or trust in a way that deprives a person of free will and substitutes another’s objective. • Consent to a contract, transaction, or relationship or to conduct is voidable if the consent is obtained through undue influence. — Also termed implied coercion-, moral coercion. [Cases: Contracts C—96.] "Undue influence is unfair persuasion of a party who is under the domination of the person exercising the persuasion or who by virtue of the relation between them is justified in assuming that the person will not act in a manner inconsistent with his welfare." Restatement (Second) of Contracts § 177(1) (1979). “When at the turn of the twentieth century, the common law doctrine of duress was expanded to provide relief for coercion irrespective of the means of coercion, much of the work of undue influence became unnecessary. The doctrine has a much more specialized role today, although often enough the precedents decided when the more general doctrine prevailed are cited and quoted to the general confusion of the profession. Today the gist of the doctrine is unfair persuasion rather than coercion. Euphoria rather than fear is often, but certainly not always, the state of mind of the party unduly influenced." John D. Calamari & Joseph M. Perillo, The Law of Contracts § 9-9, at 351-52 (3d ed. 1987), 2. Wills & estates. Coercion that destroys a testator’s free will and substitutes another’s objectives in its place. • When a beneficiary actively procures the execution of a will, a presumption of undue influence may be raised, based on the confidential relationship between the influencer and the person influenced. — Also termed improper influence; (formerly, in both senses) suggestion. See coercion; duress. [Cases: Wills 154.] undue multiplicity of claims. See aggregation of CLAIMS. undue-multiplicity-of-claims rejection. See rejection. undue prejudice. See prejudice. unduly dangerous conduct. See unreasonably dangerous conduct under conduct. undutiful will. See unnatural will under will. unearned income. See income. unearned increment. See increment. unearned interest. See interest (3). unearned premium. See premium (1). unearned-premium reserve. See reserve, unearned surplus. See surplus, unemployment. The state or condition of not having a job even though available for work and perhaps seeking it. structural unemployment. Unemployment resulting from a shift in the demand for a particular product or service. unemployment compensation. See unemployment insurance under insurance; compensation. unemployment insurance. See insurance. unemployment tax. See tax. unenacted law. See law. unencumbered (an-in-kam-bard), adj. Without any burdens or impediments <unencumbered title to property>. unenforceable, adj. (1804) (Of a contract) valid but incapable of being enforced. Cf. void; voidable. [Cases: Contracts j l 38( 1).] unenforceable contract. See contract. UNEP. abbr. united nations environment programme. unequal, adj. (16c) Not equal in some respect; uneven <unequal treatment under the law>. unequivocal (an-i-kwiv-a-kal), adj, (18c) Unambiguous; clear; free from uncertainty. unerring (an-ar-ing also an-er-ing), adj. Incapable of error; infallible. UNESCO, abbr. united nations educational, scientific, and cultural organization. unessential mistake. See mistake. unethical, adj. (1871) Not in conformity with moral norms or standards of professional conduct. See legal ethics. unexpected, adj. Happening without warning; not expected. unexpired term. See term (4). unfair competition. (1876) 1. Dishonest or fraudulent rivalry in trade and commerce; esp., the practice of endeavoring to pass off one’s own goods or products in the market for those of another by means of imitating or counterfeiting the name, brand, size, shape, or other distinctive characteristic of the article or its packaging. [Cases: Antitrust and Trade Regulation 0^40.] 2. The body of law en compassing various business and privacy torts, all generally based on deceitful trade practices, including passing off, false advertising, commercial disparagement, and misappropriation. “The legal doctrine of unfair competition is a development of the fundamental idea that dealings based on deceit are legally wrong.” Harry □. Nims, The Law of Unfair Competition and Trade-Marks 6 (1929). unfair hearing. See hearing. unfair labor practice. Any conduct prohibited by state . or federal law governing the relations among employers, employees, and labor organizations. • Examples of unfair labor practices by an employer include (1) interfering with protected employee rights, such as the right to self-organization, (2) discriminating against employees for union-related activities, (3) retaliating against employees who have invoked their rights, and (4) refusing to engage in collective bargaining. Examples of unfair labor practices by a labor organization include causing an employer to discriminate against an employee, engaging in an illegal strike or boycott, causing an employer to pay for work not to be performed (i.e., featherbedding), and refusing to engage in collective bargaining. 29 USCA §§ 151-169. [Cases: Labor and Employment O'-1427-1504.] unfair persuasion. (1931) Contracts. A type of undue influence in which a stronger party achieves a result by means that seriously impair the weaker party’s free and competent exercise of judgment. • Unfair persuasion is a lesser form of undue influence than duress and misrepresentation. The two primary factors to be considered are the unavailability of independent advice and the susceptibility of the person persuaded. See undue influence (1). [Cases: Contracts O>96.] unfair surprise. (1815) A situation in which a party, having had no notice of some action or proffered evidence, is unprepared to answer or refute it, unfair trade. An inequitable business practice; esp., the act or an instance of a competitor’s repeating of words in a way that conveys a misrepresentation that materially injures the person who first used the words, by appropriating credit of some kind earned by the first user. [Cases: Antitrust and Trade Regulation 0^25.] Unfair Trade Practices and Consumer Protection Law, A model statute patterned on the Federal Trade Commission Act and proposed by the FTC in 1967 for adoption by the states; a state law providing consumer-protection remedies, including private causes of action, for deceptive trade practices and false advertising. • The Act gives the state attorney general power to regulate unfair and deceptive trade practices. It also gives consumers a right to sue offenders directly. — Abbr. UTPCPL. — Also termed Little FTC Acts. [Cases: Antitrust and Trade Regulation . ' 126.] unfinished business. See business. unfinished business and general orders. See business. unfit, adj. (16c) 1. Unsuitable; not adapted or qualified for a particular use or service <the buyer returned the unfit goods to the seller and asked for a refundx [Cases: Contracts O>312(5); Sales 0-284(1).] 2. Family law. Morally unqualified; incompetent <the judge found the mother unfit and so found that awarding custody of the child to the father was in the child s best interests>. [Cases: Child Custody ”]) " 32; Infants <0154.1-159.] unfitness of a parent. Family law. A parent's failure to exhibit a reasonable concern for, interest in, or responsibility for a child’s welfare. • Regardless of the specific ground for an allegation of unfitness, a court considers the parent’s actions and the circumstances surrounding the conduct in deciding whether unfitness has been demonstrated. [Cases: Child Custody C 51; Infants 0154.1-159.] unforeseen, adj. Not foreseen; not expected <unforeseen circumstances;*. unfriendly suitor. See corporate raider. unfriendly takeover. See hostile takeover under takeover. unfunded deferred-compensation plan. See employee benefit plan. unhandsome dealing. Archaic. See sharp practice. unharmed, adj. Not injured or damaged. unica taxatio (yoo-na-ka tak-say-shee-oh). [Law Latin "a single taxation”] Hist. The practice ofhaving the jury assess damages against a defaulting defendant as well as a defendant who contests the case. unico contextu (yoo-ni-koh kan-teks-t[y]oo). [Law Latin] Hist. In one connection. • The phrase appeared in ref- erence to that which was accomplished by the same act or by different acts performed at the same time. “When there are more parties than one to a deed, it is not essential to the validity of its execution that they should subscribe unico contextu.i.e., it is not necessary for them to subscribe at the same time and place. But where (as was formerly required) two notaries subscribed for a person who could not write, it was necessary that they should subscribe unico contextu at the same time and place, and before the same witnesses.” John Trayner, Trayner's Latin Maxims 611 (4th ed. 1894). unifactoral obligation. See obligation. unified bar. See integrated bar under bar. unified credit. See unified estate-and-gift tax credit under tax credit. unified estate-and-gift tax. See unified transfer tax under tax. unified estate-and-gift tax credit. See tax credit. unified family court. See court. unified transfer tax. See tax. uniform, adj. Characterized by a lack of variation; identical or consistent. uniform act. 1. A law drafted with the intention that it will be adopted by all or most of the states; esp., a uniform law. See uniform law. Cf. model act. 2. See uniform statute under statute. [Cases; Statutes C7-226.) Uniform Adoption Act. A 1994 model statute aimed at achieving uniformity in adoption laws. • The current version of the Act was promulgated in 1994 by the National Conference of Commissioners on Uniform State Laws. State adoption has been largely unsuccessful. Earlier versions, in 1953 and 1971, were amended many times but were enacted in only a few states. — Abbr. UAA. [Cases: Adoption O771-25.] Uniform Anatomical Gift Act. A 1968 model statute that created protocols that govern the giving and receiving of anatomical gifts. • Under the Act, persons may donate their body or parts of their body for purposes of transplantation, therapy, research, or education. The original Act has been adopted in some form in all 50 states and the District of Columbia. It was revised in 1987, and the revised version has been adopted in some form in at least 22 states. — Abbr. UAGA. [Cases: Dead Bodies C^lJ Uniform Child Custody Jurisdiction Act. A 1968 model statute that sets out a standard (based on the child’s residence in and connections with the state) by which a state court determines whether it has jurisdiction over a particular child-custody matter or whether it must recognize a custody decree issued by another state’s court. • The Uniform Child Custody Jurisdiction Act was replaced in 1997 by the Uniform Child Custody Jurisdiction and Enforcement Act. — Abbr. UCCJA. See HOME STATE. Cf. PARENTAL kidnapping prevention ACT; uniform child custody jurisdiction and enforcement act. [Cases: Child Custody 730-753.] Uniform Child Custody Jurisdiction and Enforcement Act. A 1997 model statute that provides uniform methods of expedited interstate custody and visitation orders. • This Act was promulgated as a successor to the Uniform Child Custody Jurisdiction Act. The UCCJEA brings the Uniform Child Custody Jurisdiction Act into conformity w’ith the Parental Kidnapping Prevention Act and the Violence Against Women Act. The Act revises child-custody jurisdiction, giving clearer standards for original jurisdiction and a standard for continuing jurisdiction. The Act also provides a remedial process for enforcing interstate child custody and visitation. — Abbr. UCCJEA. Cf. uniform child custody jurisdiction act. [Cases: Child Custody C~ 730-753.) Uniform Code of Military Justice. 1. code of military justice. 2. A model code promulgated by the National Conference of Commissioners on Uniform State Laws to govern state military forces when not in federal service. 11 U.L.A. 335 et seq. (1974). — Abbr. UCM.J. [Cases: Military Justice '7 51)2.| Uniform Commercial Code. A uniform law that governs commercial transactions, including sales of goods, secured transactions, and negotiable instruments. • The Code has been adopted in some form by every state and the District of Columbia. — Abbr. UCC. [Cases: Bills and Notes O7>2; Sales 0-3.1; Secured Transactions 1O>3.) Uniform Computer Information Transactions Act, A model law that regulates software licensing and computer-information transactions. • The act draws upon contract Jaw and the Uniform Commercial Code to create a regulatory scheme for licensing, rather than sales or lease, transactions. Among other things, UC1TA applies to contracts for the licensing or purchase of software, contracts for software development, and contracts for access to databases through the Internet. It does not cover goods or services contracts within the scope of the UCC. — Abbr. UC1TA. Uniform Consumer Credit Code. A uniform law designed to simplify and modernize the consumer credit and usury laws, to improve consumer understanding of the terms of credit transactions, to protect consumers against unfair practices, and the like. • This Code has been adopted by only a few states. — Abbr. UCCC; U3C. — Also termed Consumer Credit Code. See consumer credit protection act. [Cases: Consumer Credit C77!.] Uniform Controlled Substances Act. A uniform act, adopted by many states and the federal government, governing the sale, use, and distribution of drugs. 21 USCA §§ 801 et seq. [Cases: Controlled Substances C—' 4, 20.] Uniform Crime Reports. A series of annual criminological studies (each entitled Crime in the United States') prepared by the FBI. • The reports include data on eight index offenses, statistics on arrests, and information on offenders, crime rates, and the like. — Abbr. UCR. 1669 Uniform Interstate Juvenile Compact Uniform Customs and Practice for Commercial Documentary Credits. A publication of the International Chamber of Commerce that codifies widespread customs of bankers and merchants relating to the mechanics and operation of letters of credit. • Courts use this publication to supplement and help interpret primary sources of credit law, such as UCC Article 5. — Abbr. UCP. [Cases: Banks and Banking <0^191.] Uniform Deceptive Trade Practices Act, A 1964 model state statute that codified many common-law intellectual-property torts, such as trademark infringement, passing off, trade disparagement, and false advertising, and that provided additional consumer protection against other forms of commercial deception. • The Act provides a laundry list of prohibited practices, all involving misrepresentation. — Abbr. UDTPA. See baby ftc act. [Cases: Consumer Protection 0^ 6.] [Cases: Antitrust and Trade Regulation C -' 126.] Uniform Determination of Death Act. A 1978 model statute that provides a comprehensive basis for determining death. • This is a technical act that merely defines death clinically and does not deal with suicide, assisted suicide, or the right to die. Ihe Act was revised in 1980. It has been adopted in almost all states. [Cases: Death C— 1.] Uniform Disposition of Community Property at Death Act. A 1971 model statute designed for noncommunity-property states to preserve the rights of eachspousein property that was community property before the spouses moved to non-community-property states, unless they have severed or altered their community-property rights. Uniform Division of Income for Tax Purposes Act. A uniform law, adopted by some states, that provides criteria to assist in assigning the total taxable income of a multistate corporation among the various states. — Abbr. UDITPA. [Cases: Taxation 3477.] Uniform Divorce Recognition Act. A 1947 model code adopted by some states regarding full-faith-and-credit issues that arise in divorces. — Abbr. UDRA, [Cases: Divorce O"351.] Uniform Durable Power of Attorney Act. A 1979 model statute that provides a simple way for a person to deal with his or her property by providing a power of attorney that will survive after the incompetence of the principal. • The Act was revised in 1987 and has been adopted in almost every state. [Cases: Principal and Agent O=>42.] Uniformed Services Former Spouses’ Protection Act. A federal statute that governs the disposition of military pension benefits to former spouses of persons in the armed services. 10 USCA §§ 1401 et seq. • The Act permits state courts to treat military-retirement pay as marital property and to order payment of up to 50% of the retirement pay directly to the former spouse if the spouses were married for at least ten years while the employee served in the military. — Abbr. USFSPA. [Cases: Divorce 0^252.3(4).] Uniform Electronic Transactions Act. A 1999 model law designed to support electronic commerce by providing means for legally recognizing and retaining electronic records, establishing how parties can bind themselves in an electronic transaction, and providing for the use of electronic records by government al agencies. • UETA covers electronic records and digital signatures but applies only if all parties agree to do business electronically. — Abbr. UETA. Uniform Enforcement of Foreign Judgments Act. A uniform state law giving the holder of a foreign judgment the right to levy and execute as if it were a domestic judgment. [Cases: Judgment 814-830.] Uniform Fraudulent Conveyances Act. A model act adopted in 1918 to deal with issues arising from fraudulent conveyances by insolvent persons. • This act differentiated between conduct that was presumed fraudulent and conduct that required an actual intent to commit fraud. — Abbr. UFCA. [Cases: Fraudulent Conveyances C~ 2.] Uniform Fraudulent Transfer Act. A model act designed to bring uniformity among the states regarding the definition of, and penalties for, fraudulent transfers. • This act was adopted in 1984 to replace the Uniform Fraudulent Conveyances Act. — Abbr. UFTA. [Cases: Fraudulent Conveyances C=>2.] Uniform Gifts to Minors Act. See uniform transfers to minors act. — Abbr. UGMA. Uniform Health-Care Decisions Act. A 1993 model statute that facilitates and encourages adults to make advance directives. — Abbr. UTICDA. See advance directive; living will. [Cases: Health C—912.] Uniform Interstate Family Support Act. A 1992 model statute establishing a one-order system by which an alimony or child-support decree issued by one state can be enforced against a former spouse who resides in another state. • This statute has been adopted in every state and is the basis of jurisdiction in child-support suits. The purpose of the Act is to make the pursuit of interstate child support and paternity more effective, consistent, and efficient by requiring all states to recognize and enforce consistently support orders issued in other states. Before its enactment, there was considerable disparity among the states in the way they handled interstate child-support proceedings, since each state had differing versions of the earlier uniform law, the Uniform Reciprocal Enforcement of Support Act. The Act was revised in 1996 and again in 2001. — Abbr. UIFSA. [Cases: Child Support O--500-510.] Uniform Interstate Juvenile Compact. An agreement that regulates the treatment of juveniles who are not under proper supervision or control, or who have run away or escaped, and who are likely to endanger their own or others’ health, morals, or welfare. • The Compact is relied on by the state to transport juvenile runaways back to their home states. It has now been universally adopted in the United States, but not always in its entirety. — Abbr. UIJC. Uniformity Clause 1670 Uniformity Clause, (1881) The clause ofthe U.S. Constitution requiring the uniform collection of federal taxes. U.S. Const, art. I, § 8, cl. 1. [Cases: Internal Revenue 03022.] Uniform Juvenile Court Act. A 1968 model statute designed to (1) provide for the care, protection, and moral, mental, and physical development of the children who come under its provisions, (2) provide juvenile delinquents with treatment, training, and rehabilitation rather than criminal punishment, (3) attempt to keep families together unless separation of parents and children is necessary for the children’s welfare or is in the public interest, (4) provide a judicial procedure for a fair hearing and protection of juvenile delinquents’ constitutional and other legal rights, and (5) provide simple interstate procedures to carry out cooperative measures among the juvenile courts of different states. — Abbr. UJCA. [Cases: Infants C= 131-254.] uniform law. An unofficial law proposed as legislation for all the states to adopt exactly as written, the purpose being to promote greater consistency among the states. • All the uniform laws are promulgated by the National Conference of Commissioners on Uniform State Laws. For a complete collection, see Uniform Laws Annotated. See uniform statute under statute. Cf. model act. [Cases: Statutes .U 226.] Uniform law Commissioners. See national confer ENCE OF COMMISSIONERS ON UNIFORM STATE LAWS. Uniform Limited Partnership Act, A model law promulgated in 1916 for adoption by state legislatures to govern the relationship between the partners of a limited partnership. • At one time it was adopted in all states except Louisiana. The Nat ional Conference of Commissioners on Uniform State Laws promulgated the Revised Uniform Limited Partnership Act (RULPA) in 1976, and made substantial amendments to it in 1985. The amended RULPA has been adopted by most states. — Abbr. ULPA. [Cases: Partnership C—351.] Uniform Mandatory Disposition of Detainers Act. A 1958 model statute requiring a state to timely dispose of any untried charges against a prisoner in that state, on the prisoner’s written request. • The Act has been adopted by several states. See interstate agreement on detainers act. [Cases: Extradition and Detainers 051.] Uniform Marriage and Divorce Act. A 1970 model statute that defines marriage and divorce. • Extensively amended in 1973, the Act was an attempt by the National Conference of Commissioners on Uniform State Laws to make marriage and divorce laws more uniform. The Act’s greatest significance is that it introduced, as the sole ground for divorce, irreconcilable differences. Although the UMDA has been enacted in part in only a handful of states, it has had an enormous impact on marriage and divorce laws in all states. — Abbr. UMDA. — Also termed Model Marriage and Divorce Act. See irreconcilable differences. Uniform Parentage Act. A 1973 model statute that provides a means for determining parenthood for the general welfare of the child and for assigning child support. • The Act abolishes distinctions between legitimate and illegitimate status for children. Instead, it directs courts to determine rights and responsibilities based on the existence of a parent-child relationship. The Act has been adopted in all states. The Act was revised in 2000 and amended in 2002. Among other changes, the revisions provided frameworks for establishing the parentage (esp. paternity) of children born to married or unmarried couples, and set standards and rules for genetic testing. A minority of states have enacted a version ofthe revised Act. [Cases: Children Out-of-Wedlock <3=3L] Uniform Partnership Act. A 1914 model statute intended to bring uniformity to state laws governing general and limited partnerships. • The Act was adopted by almost all the states, but has been superseded in several of them by the Revised Uniform Partnership Act (1994). — Abbr. UFA. [Cases: Partnership C=351.] [Cases: Partnership Cl, 351.] Uniform Premarital Agreement Act, A 1983 model statute that governs the drafting of prenuptial contracts and provides a more certain framework for drafting complete and enforceable agreements. • Under the UFA A, a premarital agreement must be in writing and signed by the parties. It becomes effective only upon marriage. The agreement may govern the parties’ assets, support, and obligations during the marriage, at death, and upon divorce. The UPA A has been adopted in some form in about one-third of the states. — Abbr. UPAA. [Cases: Husband and Wife 0=29.] Uniform Principal and Income Act. A uniform code adopted by some states governing allocation of principal and income in trusts and estates. [Cases: Executors and Administrators O=>502; Trusts 0=272; Wills 0=684.] Uniform Probate Code. A 1969 model statute that modernizes the rules and doctrines governing intestate succession, probate, and the administration of estates. • It has been extensively amended many times since 1969 and has been enacted in a majority of states. — Abbr. UPC. [Cases: Wills 0=3, 204.] Uniform Prudent Investor Act. A 1994 model statute that sets a standard for the acts of a trustee, adopts a prudent-investor standard, and prefers a modern portfolio approach to investing. • Under the Uniform Prudent Investor Act, the trustee is given significant power to delegate the selection of investments. The prudent-investor standard replaces the prudent-person standard of investing. The portfolio approach provides that no investment will be viewed in isolation; rather, it will be viewed as part of the entire portfolio. Under this theory, even though an investor loses trust assets on an investment, if there is an overall positive return, the investor will not be liable to the beneficiaries. — Abbr. UPIA, See prudent-investor rule. Uniform Putative and Unknown Fathers Act. A 1988 model statute aimed at codifying Supreme Court decisions on the rights of an unwed father in relation to his child. • The Act deals primarily with an unwed father’s right to notice of a termination and adoption proceeding, to adjudication of paternity, to visitation, and to custody. — Abbr. UPUFA. — Also termed Model Putative Fathers Act; Putative Fathers Act. Uniform Reciprocal Enforcement of Support Act. A 1950 model statute (now superseded) that sought to unify the way in which interstate support matters were processed and the way in which one jurisdiction’s orders were given full faith and credit in another jurisdiction. • This Act, which was amended in 1958 and 1960, was replaced in 1997 with the Uniform Interstate Family Support Act. — Abbr. URESA. See uniform interstate family support act. [Cases: Child Support 500-510.] Uniform Simultaneous Death Act. A 1940 model statute creating a rule that a person must survive a decedent by at least 120 hours in order to avoid disputes caused by simultaneous deaths (as in a common disaster) or by quickly successive deaths of persons between whom property or death benefits pass on the death of one survived by the other. • In the absence of the 120-hour period of survival, each person is presumed to have survived the other for purposes of distributing their respective estates. The Act was revised in 1993 and has been adopted in some form by almost every state. See commorientes. [Cases: Death 0^5,6.] Uniform Status of Children of Assisted Conception Act. A 1988 model statute aimed at ensuring certainty of legal parentage when assisted conception has been used. • The adopting state has the option of regulating or prohibiting contracts with surrogate mothers, uniform statute. See statute. Uniform Trade Secrets Act. A 1979 model statute, enacted by most states, defining trade secret differently from the common law by being at once broader (because there is no continuous-use requirement) and narrower (because information “readily ascertainable by proper means” cannot qualify)- • The Act has three elements: (1) the information must qualify as a trade secret: (2) it must be misappropriated, either through wrongful means or by breaching a duty of confidentiality; and (3) the owner must have taken reasonable precautions to keep the information secret. — Abbr. UTSA. — Also termed Uniform Trade Secrets Protection Act. [Cases: Antitrust and Trade Regulation C=> 411.] Uniform Transfers to Minors Act. A 1983 model statute providing for the transfer of property to a minor and permitting a custodian who acts in a fiduciary capacity to manage investments and apply the income from the property to the minor’s support. • The Act has been adopted in most states. It was revised in 1986. — Abbr. UTMA. — Also termed Transfers to Minors Act. — Formerly also termed Uniform Gifts to Minors Act; Gifts to Minors Act. [Cases: Infants 0 28.] unify, vb. To cause to become one; to form into a single unit. unigeniture (yoo-na-jen-s-char). Archaic. The fact of being an only child. unilateral (yoo-ns-lat-ar-al), adj. (1802) One-sided; relating to only one of two or more persons or things <unilateral mistakes-. unilateral act. See act (2). unilateral advance pricing agreement. See advance pricing agreement. unilateral contract. See contract. unilateral mistake. See mistake. unimproved land. See land. unincorporated association. See association (3). unindicted coconspirator. See coconspirator. unindicted conspirator. See unindicted coconspirator under coconspirator. uninstructed delegate. See delegate. uninsured-motorist coverage. Insurance that pays for the insured’s injuries and losses negligently caused by a driver who has no liability insurance. Cf. underinSURED-motorist coverage. [Cases: Insurance O=’ 2772.] unintelligible vote. See vote (1), unintentional act. See act (2). unintentional murder. See murder. uninterrupted-adverse-use principle. See continuous-adverse-use principle. unio (yoo-nee-oh). Eccles, law. A consolidation of two churches into one. union, n. An organization formed to negotiate with employers, on behalf of workers collectively, about job-related issues such as salary, benefits, hours, and working conditions. • Unions generally represent skilled workers in trades and crafts. — Also termed labor union; labor organization; organization. See trade council. [Cases: Labor and Employment CT3 998.J unionize, vb. — unionist, n, closed union. A union with restrictive membership requirements, such as high dues and long apprenticeship periods. Cf. closed shop under shop. company union. 1. A union whose membership is limited to the employees of a single company. 2. A union under company domination. craft union. A union composed of workers in the same trade or craft, such as carpentry or plumbing, regardless of the industry in which they work. — Also termed horizontal union. federal labor union. A local union directly chartered by the AFL-CIO. See American federation of labor and congress of industrial organizations. horizontal union. See craft union. independent union. A union that is not affiliated with a national or international union, industrial union. A union composed of workers in the same industry, such as shipbuilding or automobile manufacturing, regardless of their particular trade or craft. — Also termed vertical union. international union. A parent union with affiliates in two or more countries. local union. A union that serves as the local bargaining unit for a national or international union. multicraft union. A union composed of workers in different industries. national union. A parent union with locals in various parts of the United States. open union. A union with minimal membership requirements. Cf, open shop under shop. trade union. A union composed of workers of the same or of several allied trades; a craft union, vertical union. See industrial union. union certification. A determination by the National Labor Relations Board or a state agency that a particular union qualifies as the bargaining representative for a segment of a company’s workers — a bargaining unit — because it has the support of a majority of the workers in the unit. — Also termed certification of bargaining agent-, certification cf labor union. union contract. See collective-bargaining agreement. union givebacks. See concession bargaining. Union Jack. The common name of the national flag of the United Kingdom, combining the national flags of England, Scotland, and Ireland. • The Union Jack was originally a small union flag flown from the jack-staff at the bow of a vessel. It is different from the Royal Standard, which bears the royal arms and is the Queen’s personal flag. union-loss clause. See mortgage-loss clause. union mortgage clause. See standard mortgage clause under mortgage clause. union rate. See rate. union-security clause. A provision in a union contract intended to protect the union against employers, nonunion employees, and competing unions. [Cases: Labor and Employment 1264.] union shop. See shop. union steward. See steward (2). unique chattel. See chattel. unissued stock. See stock. unit. The number of shares, often 100, in which a given stock is normally traded. unital (yoo-na-tal), adj. (1860) Of or relating to legal relations that exist between only two persons. Cf. MULTITAL. “The relations of the cestui que trust with the trustee are in personam or ‘unital,’ and the same is true of a contract beneficiary and the promisor. . . "William R. Anson, Principles of the Law of Contract 326 n.l (Arthur L. Corbin ed,, 3d Am. ed. 1919). unitary business (yoo-na-ter-ee). Tax. A business that has subsidiaries in other states or countries and that calculates its state income tax by determining what portion of a subsidiary’s income is attributable to activities within the state, and paying taxes on that percentage. [Cases: Taxation Ot'3477.] unitary state. See state. unitary tax. See tax. unitas actus (yoo-ni-tas ak-tas). [Latin] Roman law. Unity of action, esp. in the execution of a will, which must not be interrupted by any intervening act. unitas juris (yoo-ni-tas joor-is). [Latin] Hist. Unity of right. unit cost. See cost (1), unit depreciation method. See depreciation METHOD. unite, vb. 1. To combine or join to form a whole. 2. To act in concert or in a common cause. United Kingdom. A country in Europe comprising England, Scotland, Wales, and Northern Ireland, but not the Isle of Man or the Channel Islands. — Abbr. U.K. United Nations. An international organization established in 1945 to promote and ensure international peace and security, to promote friendly relations between nations, and to contribute in resolving international problems related to economic, social, cultural, and humanitarian conditions. — Abbr. U.N. [Cases: International Law 10.15. United Nations Convention on the Rights of the Child, An international instrument covering children’s civil, political, economic, social, and cultural rights. • The Convention was adopted by the United Nations General Assembly on November 20, 1989. Only a few nations, including the United States, have not ratified the convention. — Abbr. UNCRC. [Cases: Treaties 0^8.] United Nations Educational, Scientific, and Cultural Organization. 'Ihe arm of the United Nations charged with promoting the exchange of educational, scientific, and cultural enterprises among nations. • Its Copyright Law Division administers the Universal Copyright Convention, — Abbr. UNESCO. United Nations Environment Programme. An organization created in 1972 to encourage education in and employment of environmentally sound practices in all nations. — Abbr. UNEP. United Nations Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space. See outer space treaty. United States. Abbr. U.S. See united states of AMERICA. 1673 United States Copyright Office United States Agency for International Development. The independent federal agency that administers U.S. foreign-aid programs to give economic and humanitarian assistance to developing nations. • The agency became independent by the Foreign Affairs and Restructuring Act of 1998, although its administrator is under the direct authority and foreign-policy guidance of the Secretary of State. — Abbr. AID; USAID. United States Air Force. The aviation branch of the United States armed forces, made up of the Regular Air Force (standing air force), the Air Force Reserve, and the Air National Guard. • The United States Air Force is under the authority of the U.S. Department of the Air Force. — Abbr. USAF. [Cases: Armed Services 04,] United States Air Force Academy. An institution of higher learning in the United States Department of the Air Force responsible for educating and training commissioned officers for service in the United States Air Force. • Founded in 1954, the academy is located near Colorado Springs, Colorado. — Abbr. USAFA. — Occasionally also termed (informally) the Colorado Air Force School. [Cases: Armed Services O’’ 16,] United States Arbitration Act. See federal arbitration act. — Abbr. USAA. United States Army. The land-combat and land-operations branch of the United States armed forces. • This branch includes supporting air- and water-transport services such as the Army Air Corps. The Army includes the Regular Army (the standing force), the Army Reserve, and the Army National Guard when in active federal service, as in time of war or other national emergency. The United States Army is under the authority of the U.S. Department of the Army. — Also termed land forces. — Abbr. USA. [Cases: Armed Services O' 4.] United States Attorney. A lawyer appointed by the President to represent, under the direct ion of the Attorney General, the federal government in civil and criminal cases in a federal judicial district. • One U.S. Attorney is assigned to each of the federal judicial districts, except for the Northern Mariana Islands and Guam, — Abbr. USA. — Also termed United States District Attorney. Cf. district attorney. [Cases: District and Prosecuting Attorneys O^ 6.] Assistant United States Attorney. A lawyer appointed by the Attorney General to act under the direction of the United States Attorney and represent the federal government in civil and criminal cases filed in federal courts. — Abbr. AUSA. [Cases: District and Prosecuting Attorneys C-~’6.] Special Assistant to the United States Attorney. An attorney appointed by the Attorney General for a limited period to assist a United States Attorney in specific cases. 28 USCA § 543, — Abbr. SAUSA. [Cases: District and Prosecuting Attorneys CUfo.] United States Bankruptcy Court. See bankruptcy COURT. United States Botanic Garden. An enclosed garden on the U.S. Capitol grounds where plants are cultivated for ceremonial use, public display, and research. • Many rare botanical specimens are available for study by students and scientists at the Garden. United States Claims Court. See united states court OF FEDERAL CLAIMS. United States Coast Guard. A military service and armed-forces branch that enforces the federal laws applicable to waters subject to U.S. jurisdiction, administers laws and promulgates regulations for the safety of lives and property on waters under U.S. jurisdiction, carries out maritime rescue operations, performs oceanographic research, and at times serves as a specialized branch of the Navy. • The Coast Guard was established in 1915.14 USCA § 1. It has been part of the U.S. Department of the Treasury and the U.S. Department of Transportation. Today it is part of the U.S. Department of Homeland Security during peacetime, and the U.S. Department of Defense during wartime. — Abbr. USCG. [Cases: Armed Services 0^4.] United States Coast Guard Academy. An institution of higher learning responsible for educating and training commissioned officers for service in the United States Coast Guard. • The academy began in 1876 as the School of Instruction of the Revenue Cutter Service near New Bedford, Massachusetts. In 1915, the academy acquired its current name and, in 1932, moved to New London, Connecticut. — Abbr. USCGA. [Cases: Armed Services CT- 16.] United States Code. A multivolume published codification of federal statutory law. — Abbr. U.S.C.; USC. United States Code Annotated. A multivolume publi cation of the complete text of the United States Code with historical notes, cross-references, and casenotes of federal and state decisions construing specific Code sections. — Abbr. USCA. United States Commissioner, See commissioner. United States Commission on Civil Rights. The agency that compiles information about discrimination based on race, color, religion, sex, age, disability, or national origin, and about the denial of equal protection of the laws in voting, education, employment, and housing. • The agency makes findings and recommendations to Congress but has no enforcement power. It was established by the Civil Rights Act of 1957. — Abbr, CCR. United States Copyright Office. A branch of the Library of Congress that is responsible for implementing federal copyright laws. • In addition to processing applications for copyrights, the U.S, Copyright Office stores deposited copyrighted materials and issues opinions (by request) on questions of copyright protection. Materials deposited with this agency are not automatically added to the Library of Congress collection; a separate and direct submission to the Library may be required. The Office also administers various licensing provisions of the statute, including collecting and distributing royal- ties, [Cases: Copyrights and Intellectual Property O-7 50.30.] ' ' United States court. See federal court under court. United States Court of Appeals. A federal appel- late court having jurisdiction to hear cases in one of the 13 judicial circuits of the United States (the First Circuit through the Eleventh Circuit, plus the District of Columbia Circuit and the Federal Circuit). — Also termed circuit court. [Cases: Federal Courts C77>521.] United States Court of Appeals for the Armed Forces. The primary civilian appellate tribunal responsible for reviewing court-martial convictions from all the military services. 10 USCA §§ 941-950. — Formerly also termed Court of Military Appeals. [Cases: Military Justice O777 1435.] United States Court of Appeals for the Federal Circuit. An intermediate-level appellate court with jurisdiction to hear appeals in patent cases, various actions against the United States to recover damages, cases from the U.S. Court of Federal Claims, the U.S. Court of Internationa] Trade, the U.S. Court of Appeals for Veterans Claims, the Merit Systems Protection Board, and some administrative agencies. • The Court originated in the 1982 merger of the Court of Customs and Patent Appeal s and the U.S. Court of Claims (al though the trial jurisdiction of the Court of Claims was given to a new U.S. Claims Court). Among the purposes of its creation were ending forum-shopping in patent suits, settling differences in patent-law doctrines among the circuits, and allowing a single forum to develop the expertise needed to rule on complex technological questions that arise in patent suits. — Abbr. CAFC, Fed. Cir. — Often shortened to Federal Circuit. [Cases: Federal Courts C^521.[ United States Court of Appeals for Veterans Claims. An Article I federal appellate court that has exclusive jurisdiction to review decisions of the Board of Veterans Appeals. • The Court was created in 1988 as the United States Court of Veterans Appeals; its name was changed in 1998. Its seven judges are appointed by the President and confirmed by the Senate; they serve 15-year terms. Appeals from its decisions are to the U.S. Court of Appeals for the Federal Circuit. 38 USCA §§ 7251 et seq. — Also termed United States Court of Veterans Appeals. [Cases: Armed Services C777154.] United States Court of Federal Claims. A special ized federal court created under Article I of the Constitution in 1982 (with the name United States Claims Court) as the successor to the Court of Claims, and renamed in 1992 as the United States Court of Federal Claims. • It has original, nationwide jurisdiction to render a money judgment on any claim against the United States founded on the Constitution, a federal statute, a federal regulation, an express or implied-in-fact contract with the United States, or any other claim for damages not sounding in tort. — Abbr, Cl. Ct.; (formerly) Ct. Cl. — Also termed Court of Claims. [Cases: Federal Courts ■01071.] United States Court of International Trade. A court with jurisdiction over any civil action against the United States arising from federal laws governing import transactions or the eligibility of workers, firms, and communities for adjustment assistance under the Trade Act of 1974 (19 USCA §§ 2101-2495). • Its exclusive jurisdiction also includes actions to recover customs duties, to recover on a customs bond, and to impose certain civil penalties for fraud or negligence. See 28 USCA §§ 1581-1584. — Abbr. USCIT; CIT. — Also termed International Trade Court; Court of International Trade; (formerly) U.S. Customs Court. United States Court of Veterans Appeals. See united STATES COURT OF APPEALS FOR VETERANS CLAIMS. United States currency. See currency. United States Customs Court. A court that formerly heard cases involving customs and duties. • Abolished in 1980, its responsibilities have been taken over by the United States Court of International Trade, See united STATES COURT OF INTERNATIONAL TRADE. United States Customs Service. An agency in the U.S, Department of Homeland Security responsible for collecting import duties on goods, wares, and merchandise, and for enforcing customs and related laws, • The Customs Service was created in 1863. 12 Stat. 665, It was transferred from the Department of the Treasury in 2003. — Also termed Bureau of Customs. [Cases: Customs Duties ( “ 53-60] United States District Attorney. See united states ATTORNEY. United States District Court. A federal trial court having jurisdiction to hear civil and criminal cases within its judicial district, • The United States is divided into nearly 100 federal judicial districts. Each state has at least one judicial district. Also, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands each have one district. — Abbr. U.S.D.C. [Cases; Federal Courts \ 971, 973.] United States Fish and Wildlife Service. A unit in the U.S. Department of the Interior responsible for managing more than 93 million acres of land and water consisting of more than 500 national wildlife refuges and thousands of small wetlands. • It also administers or enforces laws relating to migratory birds, endangered species, certain marine mammals, and sports fisheries. — Abbr. FWS; USFWS. [Cases: Environmental Law 0^525; Fish C^ll; Game <0^3.5.] United States Foreign Intelligence Surveillance Court, An 11-judge court that hears requests from the Attorney General for surveillance warrants under the Foreign Intelligence Surveillance Act. • The court’s proceedings and records are normally closed to the publ ic. Its rulings may be reviewed by the Foreign Intelligence Court of Review. — Abbr. FISC. [Cases: War and National Emergency C77 32 J United States Foreign Intelligence Surveillance Court of Review, A panel comprising three federal judges appointed by the Chief Justice to review decisions of the United States Intelligence Surveillance Court. • The Court was established in 1978 by the Foreign Intelligence Surveillance Act. [Cases: War and National Emergency CC-’32,] United States Foreign Service. A division of the State Department responsible for maintaining diplomatic and consular offices and personnel in foreign countries. — Often shortened to Foreign Service. [Cases: Ambassadors and Consuls 5.] United States Geological Survey. A unit in the U.S. Department of the Interior responsible for preparing and publishing maps, technical reports, and fact sheets, and for compiling information about energy and mineral resources and the use and quality of the nation’s water resources. — Abbr. USGS. United States Institute of Peace. An independent federal institution created to develop and disseminate knowledge about international peace and conflict resolution. • The Institute was established in 1984. United States International Trade Commission. An independent federal agency that compiles information on international trade and tariffs; reports its findings and recommendations to the President, the U.S. Trade Representative, and Congressional Committees; and conducts investigations into international-trade relief, — Abbr. US1TC. [Cases: Customs Duties &-> 21.5,72.] United States Magistrate Judge. A federal judicial officer who hears civil and criminal pretrial matters and who may conduct civil trials or criminal misdemeanor trials. 28 USCA §§ 631-639. • Magistrate judges are appointed to renewable eight-year terms under Article I of the U.S, Constitution. — Also termed/edera/ magistrate-, (before 1990) United States Magistrate; parajudge. [Cases: United States Magistrates C—Tl, 12.] United States Marine Corps. The military service within . the United States Navy whose forces are trained for land, sea, and air combat. • The United States Marine Corps is a separate service within the United States Navy under the authority of the U.S. Department of the Navy. — Abbr. USMC. [Cases: Armed Services 0^4.] United States Marshal, See marshal. United States Marshals Service. The unit in the U.S. Department of Justice responsible for protecting federal courts and ensuring effective operation of the judicial system. • U.S. marshals make arrests, serve court papers, and enforce court orders. — Abbr. USMS. [Cases: United States Marshals CC>28, 29.] United States Merchant Marine Academy. A military-affiliated institution of higher learning responsible for educating and training commissioned officers for service on civilian merchant vessels or in the armed forces. • The academy was founded in 1938, and since 1943 has been located at King’s Point, New York. — Abbr. USMMA. [Cases: Armed Services C=T6.] United States Military Academy. An institution of higher learning in the U.S. Department of the Army responsible for educating and training officers for service in the U.S. Army. • Founded in 1802, the academy is located on the Hudson River in West Point, New York. — Abbr. USMA. — Often termed West Point. [Cases: Armed Services 16.] United States Mint. A unit in the U.S. Department of the Treasury responsible for producing coins to be used in trade and commerce, numismatic coins, gold and silver coins, and national medals. • It also operates the gold-storage facility at Fort Knox, Kentucky. It was formerly termed the Bureau of the Mint. [Cases; United States 034.] United States Naval Academy. An institution of higher learning in the United States Department of the Navy responsible for educating and training commissioned officers for service in the United States Navy and the United States Marine Corps. • Founded in 1845, the academy is located in Annapolis, Maryland. — Abbr. USNA. — Often also termed (informally) Annapolis. [Cases: Armed Services “O' 16.] United States Navy. The naval-operations branch of the United States armed forces, including naval aviation and the United States Marine Corps, and the United States Coast Guard when operating as a service in the Navy. • The United States Navy is under the authority of the U.S. Department of the Navy. — Abbr. USN. [Cases: Armed Services C^A.] United States of America. A federal republ ic formed after the War of Independence and made up of 48 conterminous states, plus the state of Alaska and the District of Columbia in North America, plus the state of Hawaii in the Pacific. — Abbr. USA; U.S. [Cases: United States C- 1.] United States officer. See officer (i). United States Patent and Trademark Office. The Department of Commerce agency that examines patent and trademark applications, issues patents, registers trademarks, and furnishes patent and trademark information and services to the public. — Abbr. PTO; USPTO. — Often shortened to Patent Office; Trademark Office. United States person. A U.S. resident or national (except a national living outside the United States who is employed by someone other than a United States person), a domestic American concern, and any foreign subsidiary or affiliate of a domestic concern with operations controlled by the domestic concern. • Under antiboycott regulatory controls, no United States person may participate in a secondary boycott or discrimination against Jews and others by members of the League of Arab States. 50 USCA app. § 2415(2). United States Postal Service. An independent establishment in the executive branch responsible for operating post offices, safeguarding and delivering mail, and enforcing the laws affecting the integrity and security of the mail. • The Postal Reorganization Act of 1970 replaced the cabinet-level Post Office Department with the United States Postal Service. 39 USCA § 101 et seq. — Abbr. USPS. [Cases: Postal Service Ol-5.] United States Reports. Hie official printed record of U.S. Supreme Court cases. • In a citation, it is abbreviated as U.S., as in 388 U.S. 14 (1967). [Cases: Reports 0^3,] United States Secret Service. A law-enforcement agency in the U.S. Department of Homeland Security responsible for providing security for the President, Vice President, certain other government officials, and visiting foreign diplomats, and for protecting U.S. currency by enforcing the laws relating to counterfeiting, forgery, and credit-card fraud. • The Service was transferred from the Department of the Treasury in 2003. — Often shortened to Secret Service. [Cases: United States 34.] United States Sentencing Commission. An independent commission in the judicial branch of the federal government responsible for setting and regulating guidelines for criminal sentencing in federal courts and for issuing policy statements about their application. • The President appoints its members with the advice and consent of the Senate. It was created under the Sentencing Reform Act 1984. 28 USCA § 991. United States Sentencing Guidelines. A detailed set of instructions forjudges to determine appropriate sentences for federal crimes. — Abbr. USSG. — Also lermedfederalsentencingguidelines. [Cases: Sentencing and Punishment 651.] United States Supreme Court. See supreme court of THE UNITED STATES, United States Tax Court. See tax court, u.s. United States Trade and Development Agency. An independent federal agency in the executive branch responsible for promoting trade between the United States and developing countries to create jobs in the United States and to promote economic progress in poorer nations. • It was established in 1961 as the Trade and Development Program and was renamed in 1992. — Abbr. TDA; USTDA. United States Trade Representative. The top U.S. trade negotiator and adviser to the President on foreign-trade policy. • The Cabinet-level office is responsible for making annual reports on nations that do not act diligently to stop piracy of copyrighted material. The Trade Representative holds the rank of ambassador. — Abbr. USTR. See office of the united states trade representative; special 301. United States trustee. A federal official who is appointed by the Attorney General to perform administrative tasks in the bankruptcy process, such as appointing bankruptcy trustees in Chapter 7 and Chapter 11 cases. See trustee (2). [Cases: Bankruptcy 'J 3001—3011 ,j unities doctrine of marriage. See legal-unities doctrine. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. See USA patriot act. unit-investment trust. See trust. unitization. Oil & gas. The collection of producing wells over a reservoir for joint operations such as enhanced-recovery techniques. • Unitization is usu. carried out after primary production has begun to fall off substantially, in order to permit efficient secondary-recovery operations. It is also done to comply with well-spacing requirements established by state law or regulation. Pooling, by contrast, is usu. associated with drilling a single well and operating that well by primary-production techniques. Cf. pooling.[Cases: Mines and Minerals <0^92.78.] — unitize (yoo-na-tiz), vb. compulsory unitization. Unitization done by order of a regulatory agency. — Also termed/brced unitization. [Cases: Mines and Minerals O--92.78,] forced unitization. See compulsory unitization, voluntary unitization. Unitization arranged by agree- ment of the owners of mineral interests. [Cases: Mines and Minerals 78.1(7), 79.1(5).] unitization clause. Oil &gas, A provision in an oil-and-gas lease granting the lessee the right to unitize the leased premises, generally for enhanced-recovery oper-ations.JCases: Mines and Minerals 0378.1(7).] unit-ownership act. A state 1 aw governing condominium ownership. [Cases: Condominium O;''2.] unit price. See price. unit pricing. A system in which contract items are priced per unit rather than on the basis of a flat contract price. [Cases: Contracts C3>231(1); Sales 77(1).] unit rule. 1. Securities. A method of valuing securities by multiplying the total number of shares held by the sale price of one share sold on a licensed stock exchange, ignoring all other facts about value. 2. Parliamentary law. A convention’s rule that lets a delegation’s majority cast the entire delegation’s votes. Cf. instructed delegate under delegate. unitrust. See trust. units-of-output depreciation method. See depreciation method. units-of-production method. Tax. An accounting method in which the depreciation provision is computed at a fixed rate per product unit, based on an estimate of the total number of units that the property will produce during its service life. • This method is used in the oil-and-gas industry when the total number of units of production (i.e., barrels in a reserve) can be accurately estimated. unity, n. (13c) 1. The fact or condition of being one in number; oneness. 2. Jointness in interest, possession, time, or title. • At common law, all four of these unities were required for the creation of a joint tenancy. See joint tenancy under tenancy. [Cases: Joint Tenancy C=3l, 3.] — unitary, adj. unity of interest. (18c) The requirement that all joint tenants’ interests must be identical in nature, extent, and duration. — Also termed interest unity. [Cases: Joint Tenancy —= 1,3.] unity of possession. (18c) The requirement that each joint tenant must be entitled to possession of the whole property. — Also termed possession unity, [Cases: Joint Tenancy C— 1, 3.] unity of time. (18c) The requirement that all joint tenants’ interests must vest at the same time. — Also termed time unity. [Cases: Joint Tenancy 0=1, 3.] unity of title. (18c) The requirement that all joint tenants must acquire their interests under the same instrument. — Also termed title unity. [Cases: Joint Tenancy C-T, 3.] unity of art. Copyright. The inseparable nature of utilitarian and functional aspects of applied art. • France uses the unity-of-art approach to applied art and industrial design, but stops short of protecting strictly utilitarian design under copyright. — Also termed cumulative approach. Cf. duality of art. unity of seisin (see-zin). (1800) The merging of seisin in one person, brought about when the person becomes seised of a tract of land on which he or she already has an easement. [Cases: Easements 0=27.] universal agency. See general agency under agency W- universal agent. See agent. Universal Copyright Convention. A 1952 treaty binding signatories to give citizens of other member nations the same copyright protection that their own citizens receive. 25 U.S.T. 1341, T.I.A.S. No. 7868. • Administered by the United Nations Educational, Scientific, and Cultural Organization, the Convention does not apply between nations that are also signatories of the Berne Convention. Tire United States signed the treaty in 1955. — Abbr. UCC. [Cases: Copyrights and Intellectual Property 0=34.] Universal Declaration of Human Rights. An international bill of rights proclaimed by the United Nations in December 1948, being that body’s first general enumeration of human rights and fundamental freedoms. • The preamble states that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” The Declaration contains a lengthy list of rights and fundamental freedoms. For the full text of the Declaration, see Appendix C. [Cases: International Law 0= 10.45(1),] “The Universal Declaration is the first comprehensive human rights instrument to be proclaimed by a universal international organization. Because of its moral status and the legal and political importance it has acquired over the years, the Declaration ranks with the Magna Carta, the French Declaration of the Rights of Man and the American Declaration of Independence as a milestone in mankind’s struggle for freedom and human dignity. Its debt to all these great historical documents is unmistakable.” Thomas Buergenthal et al., International Human Rights in a Nutshell 35-36 (3d ed. 2002). universal defense. See real defense under defense (4), universal inheritance. See inheritance. universal-inheritance rule. Wills & estates. A doctrine holding that an intestate estate escheats to the state only if the decedent leaves no surviving relatives, no matter how distant. • Through the first half of the 20th century, this rule was broadly followed in American jurisdictions. The Uniform Probate Code abandons the universal-inheritance rule and provides that if no member of the third or a nearer parentela survives the decedent, the intestate estate escheats to the state. — Also termed rule of universal inheritance. See parentela. Cf. laughing heir under heir; gradual method, [Cases: Escheat 0=3.] universalist movement. Copyright. A 19th-century campaign in Europe to recognize a worldwide copyright law based on an author’s moral rights. “The universalist movement evolved both in and out of France, starting with an international Congress of Authors and Artists in Brussels in 1858, attended by delegates of literary societies and universities, as well as by authors, artists, journalists, librarians, and lawyers. The movement gained momentum at an 1878 international literary congress in Paris presided over by Victor Hugo." Paul Goldstein, International Copyright: Principles, Law, and Practice 19 (2001), universality. 1. Equality of applicability, 2. Copyright. A nation’s policy or practice of protecting artists’ rights in their creations irrespective of the creator’s nationality or where the work was created. • Universality, the most generous approach to international intellectual-property rights, is generally favored in countries that treat copyright as a moral right. C11 reciprocity; national treatment. [Cases: Copyrights and Intellectual Property O=34,J universal legacy. See legacy. universal legatee. See legatee. universal life insurance. See life insurance. universal malice. See malice. universal partnership. See partnership. universal succession. See succession (2). universal successor. See successor. universal synod. See general synod under synod. universal title. See title (2). universitas (yoo-ni-var-sa-tas), n. [Latin] Roman law. A union of persons or things considered as a whole; a corporation, universitasfacti (yoo-ni-var-sa-tasfak-ti). [Law Latin] A plurality of corporeal things of the same kind regarded as a whole, such as a herd of cattle. universitas juris (yoo-ni-var-sa-tas joor-is). [Latin] Roman & civil law. The whole of a person’s rights and liabilities; the totality of a person’s legal relations. "A universitas juris is a collection of rights and duties united by the single circumstance of their having belonged at one time to some one person." Henry 5. Maine, Ancient Law 148 (17th ed. 1901). universitas personarum (yoo-ni-var-sa-tas par-sa-nay-ram). [Latin] Roman & civil law. A group of people that are legally considered an entity, such as a college or corporation, Pl. universitates personarum. universitas rerum (yoo-ni-var-sa-tas reer-am). [Latin] Roman & civil law. A whole collection of things; a variety of individual things that are together regarded by the law as a whole. See jus rerum. "In the time of Justinian the universitas rerum, or universitas iuris (both expressions are used) is a somewhat abstract conception: it means the sum or whole of a man's legal position so far as it concerns the ius rerum. The conception is important in law only on the occasions, ofwhich death is by far the most important, on which the universitas passes from one to another.... The expression universitas rerum is also used in another sense, to denote any collection of objects considered as a whole.” W.W. Buckland, A Manual of Roman Private Law 172 (2d ed. 1953). universus (yoo-ni-var-sas). [Latin] The whole; all together. unjudicial, adj. (16c) Not becoming of or appropriate to a judge. [Cases: Judges C^> 1L] unjust, adj. (14c) Contrary to justice; not just, unjust enrichment. (1897) 1. The retention of a benefit conferred by another, without offering compensation, in circumstances where compensation is reasonably expected. (Cases: Implied and Constructive Contracts C^3.J 2. A benefit obtained from another, not intended as a gift and not legally justifiable, for which the beneficiary must make restitution or recompense. 3. The area of law dealing with unjustifiable benefits of this kind. unlaw, n. 1. A violation of law; an illegality. 2. Lawlessness. “But lawlessness Is often a superficial phenomenon and whenever the duke was strong enough to keep the peace then law revived. We hear the same of England: times of ‘unlaw’ alternate with times of law.” 1 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 68-69 (2d ed. 1898). 3. Scots law. An illegal act. 4. Scots law. A fine; a penalty. unlawful, adj. (14c) 1, Not authorized by law; illegal <in some cities, jaywalking is unlawful>. 2. Criminally punishable cunlawful entry>. 3. Involving moral turpitude <the preacher spoke to the congregation about the unlawful activities of gambling and drinking>. — unlawfully, adv. unlawful act. (16c) Conduct that is not authorized by law; a violation of a civil or criminal law. unlawful arrest. See arrest. unlawful assembly. See assembly. unlawful condition. See condition (2). unlawful detainer. See detainer. unlawful-detainer proceeding. (1879) An action to return a wrongfully held tenancy (as one held by a tenant after the lease has expired) to its owner. See unlawful detainer under detainer, [Cases: Landlord and Tenant C™ 287.1.] unlawful entry. See entry (1). unlawful force. See force. unlawful interest. See usury. unlawful interference with contractual relations. See TORTIOUS INTERFERENCE WITH CONTRACTUAL RELA- TIONS. unlawful picketing. See picketing. unlawful sexual conduct with a minor. See impairing THE MORALS OF A MINOR, unlawful sexual intercourse. See rape. “unless” lease. See lease. unlimited, adj. Without restriction or limitation, unliquidated, adj. (18c) Not previously specified or determined -^unliquidated damages>. unliquidated claim. See claim (3). unliquidated damages. See damages. unliquidated debt. See debt. unlisted security. See security. unlisted stock. See unlisted security under security. unlivery. Maritime law. The unloading of cargo at its intended destination, unmarketable title. See title (2). unmarried, adj. Not married; single, unmerchantable title. See unmarketable title under TITLE (2). unnatural offense. See sodomy. unnatural will. See will. unnavigable, adj. See innavigable. unnecessary, adj. Not required under the circumstances; not necessary. unnecessary hardship. See hardship (4). uno actu (yoo-noh ak-t[y|oo). [Latin] In a single act; by one and the same act. unoccupied, adj. 1. (Of a building) not occupied; vacant. 2. (Of a person) not busy; esp., unemployed, unofficious payment. See payment. unofficious will. See inofficious testament under tes- tament. unoflatu (yoo-noh flay-t[y]oo). [Latin] In one breath. unpaid dividend. See dividend. unpatentable over art. Patents. (Of an invention) ineli- gible for patent protection because of obviousness or the lack of novelty. [Cases: Patents C=T6(2).] unperfected security interest. See security interest. unprecedented (an-pres-a-den-tid), adj. Never before known; without any earlier example. unpremeditation. The lack of premeditation; the absence of planning. unprofessional conduct. See conduct. unpublished opinion. See opinion (1). unqualified indorsement. See indorsement. unqualified opinion. See opinion (2). unqualified ownership. See ownership. ungues (an[g]-kweez), adv. [Law French] Ever; always, unques prist (an[g]-kweez prist). [Law French] Always ready. • This is another form of tout temps prist. See TOUT TEMPS PRIST ET ENCORE PRIST. unrealized loss. See paper loss under loss. unrealized profit. See paper profit under profit (1). unrealized receivable. See receivable. unreasonable, adj. (14c) 1. Not guided by reason; irratio- nal or capricious. 2. Not supported by a valid exception to the warrant requirement cunreasonable search and seizure?. [Cases; Searches and Seizures O“-?24.] unreasonable compensation. See compensation. unreasonable decision. See decision. unreasonable deviation. See deviation. unreasonable refusal to submit to operation. Workers' compensation. An injured employee’s refusal to submit to a necessary surgical procedure. • This refusal is grounds for terminating the employee’s workers’-compensation benefits. [Cases: Workers’ Compensation 947. 2003.] unreasonable restraint of trade. See restraint of TRADE. unreasonable restraint on alienation. See restraint ON ALIENATION (l). unreasonable search. See search. unreasonably dangerous conduct. See conduct. unrebuttable, adj. Not rebuttable <an unrebuttable pre- sumption?, unrecorded, adj. (16c) Not recorded; esp,, not filed in the public record cunrecorded deed>. unregistered security. See restricted security under security. unrelated-business income. See income. unrelated-business-income tax. See tax. unrelated-business taxable income. See unrelated-business income under income. unrelated offense. See offense (1). unresponsive answer. See answer (2). unrestricted indorsement. See unrestrictive indorsement under indorsement. unrestrictive indorsement. See indorsement. unrestrictive interpretation. See interpretation. unreviewable, adj, (1877) Not subject lo legal or judicial review cthe claim is unreviewable on appeal?, unsafe, adj. (Of a verdict or judgment) likely to be over- turned on appeal because of a defect, unsatisfied-judgment fund. See fund (1). unseated, adj. (Of land) vacant and neither developed nor cultivated. unseaworthy, adj. (Of a vessel) unable to withstand the perils of an ordinary voyage. Cf. seaworthy. [Cases: Seamen -0=>9; Shipping 'C? 80.] unsecured bail bond. See bond (2). unsecured bond. See debenture (3). unsecured claim. See claim (5). unsecured creditor. See creditor. unsecured debt. See debt. unsecured note. See note (1). unskilled work. See work (1). unsolemn war. See war (1). unsolemn will. See will. unsolicited commercial e-mail. See spam. — Abbr. UCE. unsound, adj. (14c) 1. Not healthy; esp., not mentally well cunsound mind?. [Cases: Mental Health C—3.] 2. Not firmly made; impaired cunsound foundation?. 3. Not valid or well founded cunsound argument?. unspeakable crime. See sodomy. unsworn, adj. (16c) Not sworn can unsworn statement?. unsworn declaration under penalty of perjury. See declaration (8). untenantable (an-ten-an-ta-bal), adj. (17c) Not capable of being occupied or lived in; not fit for occupancy Cthe city closed the untenantable housing project?. [Cases: Landlord and Tenant C3? 125(1).j unthrift. Archaic. A prodigal; a spendthrift, untimely, adj. (13c) Not timely can untimely answer?; at an inappropriate time, either too soon or Loo late, untrue, adj. 1. (Of something said) not correct; inaccu- rate. 2. (Of a person) not faithful or true (to a standard or belief). unum quid (yoo-nam kwid). [Latin] Hist. One thing. • The phrase implied that several items (such as movables) were, for whatever purpose, considered as one (e.g., a set of glasses). unus nullus rule (yoo-nas nal-as). [Latin “one is nobody” + rule] Civil law. The evidentiary principle that the testimony of only one witness is given no weight. Cf. HALF-PROOF (l). unusual charge. See special charge under charge. unvalued policy. See insurance policy, unworthy, adj. Civil law. (Of an heir) not entitled to inherit from a person because of a failure in a duty to that person. unwritten constitution. See constitution. unwritten evidence. See evidence. unwritten law. See law. unwritten will. See nuncupative will under will. LIPA 1680 UPA. abbr. uniform partnership act. UPAA. abbr. uniform premarital agreement act. up before. Informal. In the presence of (a particular court or judge) <for the bail hearing you’ll come up before Judge Franklin>. UPC. abbr. uniform probate code. up-front performance bond. See performance bond. UPIA. abbr. uniform prudent investor act. UPL. abbr. Unauthorized practice of law <the state bar’s UPL committees See unauthorized practice of law under practice of law. [Cases: Attorney and Client Oil.] Upper Bench. See bancus superior under bancus. upper chamber. See chamber. upper court. See court above under court. upper estate. See dominant estate under estate (4). upper management. See top management under man- agement. UPREIT (ap -ritj. See umbrella-partnership real-estate investment trust under real-estate investment trust. upset bid. See bid (1). upset price. See price. upside. Securities, 1. An upward movement in stock prices. 2. The potential of an upward movement in stock prices. Cf. downside. upstream guaranty. See guaranty. upstreaming. A parent corporation’s use of a subsidiary’s cash flow or assets for purposes unrelated to the subsidiary. upstream merger. See merger. UPUFA. abbr. uniform putative and unknown fathers act. upward departure. See departure. u.r. abbr. uti rogas. urban, adj. Of or relating to a city or town; not rural, urban-fear syndrome. See urban-survival syn- drome. Urban Mass Transit Administration. A unit in the U.S. Department of Transportation responsible for making grants to help states, regional and local governmental bodies, and public agencies to acquire or improve capital equipment and facilities for urban mass-transit systems; for providing technical assistance and funds for demonstration projects; for making educational grants for urban mass-transit research and training; and for making training grants to mass-transit systems for training. • The agency also awards grants for transit operations in nonurban areas. — Abbr. UMTA. [Cases: United States O-'82(2).] urban planning. See land-use planning. urban prefect, 11. Roman law. See praefectus urbi. urban-psychosis defense. See urban-survival syndrome. urban renewal. (1954) The process of redeveloping urban areas by demolishing or repairing existing structures or by building new facilities on areas that have been cleared in accordance with an overall plan. [Cases: Municipal Corporations '(.- ■ 267.] urban servitude. See servitude (2). urban-survival syndrome. A self-defense theory holding that a defendant who uses unreasonable force may be acquitted if the defendant lives in a dangerous environment that heightens the defendant’s fears of injury to life or limb so much that the force used seemed reasonable and necessary to the defendant. — Also termed urban-survival defense; urban-fear syndrome; urban-psychosis defense; inner-city post-traumatic-stress defense. urbs (arbz), n. [Latin] Roman law. 1. A city or town. 2. The city of Rome. ure (yoor). [fr. Old French oeuvre] Custom; practice; exercise. URESA (ys-ree-sa). abbr. uniform reciprocal enforcement of support act. urgent deficiency bill. See deficiency bill under bill (3)- Urheberrecht (oo-re-bair-rekt), n. [German] author’s right. Uruguay Round. The 1994 negotiations of the General Agreement on Tariffs and Trade. • The negotiations resulted in the TRIPs agreement that established the World Trade Organization and made member nations’ patent laws more uniform. See trips. [Cases; Customs Duties C^>3,10.] U.S. abbr. 1. United States. See united states of AMERICA. 2. UNITED STATES REPORTS. USA. abbr. 1. united states of America. 2. united STATES ARMY. 3. UNITED STATES ATTORNEY. USAA. abbr. United States Arbitration Act. See federal ARBITRATION ACT. USAF. abbr. united states air force. USAFA, abbr. See united states air force academy. usage. (13c) 1. A well-known, customary, and uniform practice, usu. in a specific profession or business. See custom (1). Cf. convention (6). [Cases: Customs and Usages 1-22.] “A ‘usage’ is merely a customary or habitual practice; a ‘convention’ is a practice that is established by general tacit consent. ‘Usage’ denotes something that people are accustomed to do; ‘convention’ indicates that they are accustomed to do it because of a general agreement that it is the proper thing to do." Herbert W, Horwill, The Usages of The American Constitution 22 (1925). “Although rules of law are often founded on usage, usage is not in itself a legal rule but merely habit or practice in fact. A particular usage may be more or less widespread. It may prevail throughout an area, and the area may be small or large — a city, a state or a larger region. A usage may prevail among all people in the area, or only in a special trade or other group. Usages change over time, and persons in close association often develop temporary usages peculiar to themselves.” Restatement (Second) of Contracts § 219 cmt. a (1979). custom and usage. See custom and usage. general usage. (16c) A usage that prevails throughout a country or particular trade or profession; a usage that is not restricted to a local area. [Cases; Customs and Usages Ol.) immemorial usage. (17c) A usage that has existed for a very long time; longstanding custom. See time immemorial. [Cases: Customs and Usages •[ l.| local usage. (18c) A practice or method regularly observed in a particular place, sometimes considered by a court in interpreting a document. UCC § 1-205(2) (3). See custom and usage. [Cases: Customs and Usages <O9.] trade usage. (1864) A practice or method of dealing having such regular observance in a region, vocation, or trade that it justifies an expectation that it will be observed in a given transaction; a customary practice or set of practices relied on by persons conversant in, or connected with, a trade or business. • While a course of performance or a course of dealing can be established by the parties’ testimony, a trade usage is usu. established by expert testimony. — Also termed usage of trade; course of trade. Cf. course of DEALING; COURSE OF PERFORMANCE. [Cases: Customs and Usages l.j “The existence and scope of a usage of trade are to be determined as questions of fact. If a usage is embodied in a written trade code or similar writing the interpretation of the writing is to be determined by the court as a question of law. Unless otherwise agreed, a usage of trade in the vocation or trade in which the parties are engaged or a usage of trade of which they know or have reason to know gives meaning to or supplements or qualifies their agreement." Restatement (Second) of Contracts § 222 (1979). - 2. See conventional custom under custom. USAID, abbr. united states agency for international DEVELOPMENT. usance (yoo-zsnts). The time allowed for the payment of a foreign bill of exchange, sometimes set by custom but now usu. by law. usance credit. See time letter of credit under letter of credit. USA Patriot Act. A statute enacted in response to the terrorist attacks of September 11, 2001, giving law-enforcement agencies broader authority to collect information on suspected terrorists, to share that information among domestic and foreign intelligence agencies, to make the country’s borders more secure, to detain suspects on new types of criminal charges using new criminal procedures, and to give the Treasury Department more authority to investigate and regulate financial institutions that participate in foreign money-laundering. • The title is an acronym of Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. — Often shortened to Patriot Act. [Cases: War and National Emergency ) - 50.] USC. abbr. united states code. USCA. abbr. united states code annotated. USCG. abbr. united states coast guard. USCGA. abbr. See united states coast guard academy. USCIS. abbr. u.s. citizenship and immigration SERVICE. USCIT. abbr. See united states court of international trade. U.S. citizen. See national of the United States under national. U.S. Citizenship and Immigration Service. A unit in the U.S. Department of Homeland Security responsible for enforcing the nation’s immigration laws. • Its functions were transferred from the former Immigration and Naturalization Service of the U.S. Department of Justice in 2003, — Abbr. USCIS, [Cases: Aliens, Immigration, and Citizenship 501.] USDA. abbr. department of agriculture. U.S.D.C. abbr. united states district court. use (yoos), n. (bef. 12c) 1. The application or employ- ment of something; esp., a long-continued possession and employment of a thing for the purpose for which it is adapted, as distinguished from a possession and employment that is merely temporary or occasional <the neighbors complained to the city about the owner’s use of the building as a dance club>. accessory use. Zoning. A use that is dependent on or pertains to a main use. [Cases: Zoning and Planning O301-308.J adverse use. A use without license or permission. Cf. adverse possession. beneficial use. Property. The right to use property and all that makes that property desirable or habitable, such as light, air, and access, even if someone else owns the legal title to the property. collateral use. Intellectual property. The legal use of a trademark by someone other than the trademark owner, whereby the other party must clearly identify itself, the use of the trademark, and the absence of affiliation with the trademark owner. commercial use. A use that is connected with or furthers an ongoing profit-making activity. Cf. noncommercial use. conditional use. Zoning. A use oi property subject to special controls and conditions. • A conditional use is one that is suitable to a zoning district, but not necessarily to every location within that district. — Also termed special exception. See special exception (2). [Cases: Zoning and Planning 0-382.] conforming use. Zoning. The use of a structure or of the land in conformity with the uses permitted under the zoning classifications of a particular area, such as the building of a single-family dwelling in a residential zone. [Cases: Zoning and Planning O>271.] double use. Patents. An application of a known principle or process to a new use without leading to a new result or product. [Cases: Patents CC-27.] exclusive use, 1. Trademarks. The right to use a specific mark without exception, and to prevent another from using a confusingly similar mark. [Cases: Trademarks 1182.] 2, Property. The right of an adverse user to a property, exercised independently of any similar rights held by others; one of the elements of a prescriptive easement. See user. [Cases: Adverse Pos- session 0^36, 37; Easements 8(4).] experimental use. Patents. 1. The use or sale of an invention by the inventor for experimental purposes. 2. A defense to liability for patent infringement when the infringement took place only to satisfy curiosity or to complete an experiment, rather than for profit. [Cases: Patents O^bO.] highest and best use. Real estate. In valuing property, the use that will generate the most profit. • This standard is used esp. to determine the fair market value of property subject to eminent domain. — Often shortened to best use. — Also termed most suitable use. [Cases: Eminent Domain O35134; Taxation 2515.] incidental use. Zoning. Land use that is dependent on or affiliated with the land’s primary use. [Cases: Zoning and Planning ) 301 308. most suitable use. See highest and best use. noncommercial use. A use for private pleasure or business purposes that non involving the generation of income or bestowing a reward or other compensation. Cf. commercial use. nonconforming use. Zoning. Land use that is impermissible under current zoning restrictions but that is allowed because the use existed lawfully before the restrictions took effect. [Cases: Zoning and Planning 0321-338.] pious use. The designation and actual use of property for recognized religious or charitable purposes. Cf. superstitious use. popular use. A person’s imperfect right to enjoy public land. • A popular use is not legally enforceable. It is dependent on the government’s will to allow access to the land. public use. 1. Property. The public’s beneficial right to use property or facilities subject to condemnation. See condemnation (2). [Cases: Eminent Domain C^T2-42.] 2. Patents. Any use of or offer to use a completed or operative invention in a nonsecret, natural, and intended manner. • A patent is invalid if the invention was in public use more than one year before the patent's application date. [Cases: Patents 075.] “The term 'public use' is misleading, for any use from which the public is not excluded, even though none comes, is held to be public. Similarly, an actual public use of a machine, even though the invention feature be effectively concealed from inspection, is held to be public. It makes no difference whether the patent or other publication is that of the inventor or someone else." Roger Sherman Hoar, Patent Tactics and the Law48 (3d ed. 1950) (citing Gilman V. Stern, 114 F.2d 28, 31 (2d Cir. 1940)). reasonable use. Lise of one’s property for an appropriate purpose that does not unreasonably interfere with another’s use of property. See reasonable-use theory. regular use. Insurance. A use that is usual, normal, or customary, as opposed to an occasional, special, or incidental use. • This term often appears in automobile-insurance policies in the definition of a nonowned automobile — that is, an automobile not owned by or furnished for the regular use of the insured. Nonowned automobiles are excluded from coverage under most liability policies. [Cases: Insurance C“ ’2657.] superstitious use. A designation or use of property for religious purposes not legally recognized or tolerated (such as gifts either favoring an unrecognized religion or supporting the saying of prayers for the dead). Cf. pious use. 1. A habitual or common practice <drug use>. 3, A purpose or end served <the tool had several uses>. 4. A benefit or profit; esp., the right to take profits from land owned and possessed by another; the equitable ownership of land to which another person holds the legal title <cestui que use>. See cestui que use. — use (yooz), vb. contingent use. (17c) A use that would be a contingent remainder if it had not been limited by way of use. • An example is a transfer “to A, to the use of B for life, with the remainder to the use of C’s heirs.” — Also termed future use. entire use. A use of property solely for the benefit of a married woman. • When used in the habendum of a trust deed for the benefit of a married woman, this phrase operates to keep her husband from taking anything under the deed. — Also termed entire benefit; sole use; sole and separate use. executed use. Hist. A use resulting from combining the equitable title and legal title of an estate, done to comply with the Statute of Lises’ mandate that the holder of an estate be vested with legal title to ensure the holder’s liability for feudal dues. See statute or USES. executory use. See springing use. future use. See contingent use. official use. Hist. A use imposing a duty on a person holding legal title to an estate on behalf of another, such as a requirement that a feoffee to uses sell the estate and apportion the proceeds among several beneficiaries. • The Statute of Lises eliminated this type of use. permissive use. Hist. A passive use resorted to before passage of the Statute of Uses in 1535 to avoid an oppressive feudal law (such as mortmain) by naming one person as the legal owner of property while allowing another to possess the property and enjoy the benefits arising from it. present use. Hist. A use that has an immediate existence and is subject to the Statute of Uses. resulting use. (18c) A use created by implication and remaining with the grantor when the conveyance lacks consideration. secondary use. See shifting use. shiftinguse. (18c) A use arising from the occurrence of a certain event that terminates the preceding use. • In the following example, C has a shifting use that arises when D makes the specified payment: “to A for the use of B, but then to C when D pays $1,000 to E.” This is a type of conditional limitation. — Also termed secondary use. See conditional limitation under limitation. [Cases: Trusts 131; Wills <0—'625.] sole and separate use. See entire use. springing use. (17c) A use arising on the occurrence of a future event. • In the following example, B has a springing use that vests when B marries: “to A for the use of B when B marries.” — Also termed executory use. [Cases; Trusts C—T31; Wills O7>625,[ use-based license. See license. use/derivative-use immunity. See use immunity under IMMUNITY (3). usee. See use plaintiff. useful, adj. Patents. (Of an invention) having a practical application. [Cases: Patents C77; 46.] ‘[MJere curiosities of invention, which do not have any intelligent purpose, are not useful in a patentable sense." Roger Sherman Hoar, Patent Tactics and the Law 37 (3d ed. 1950). “When applied to a machine, ‘useful’ means that the machine will accomplish its purpose practically when applied in industry. The word is given a practical and not a speculative meaning.” 60 Am. Jur. 2d Patents § 131 (1987). useful-article doctrine. See applied-art doctrine. useful life. (1923) The estimated length of time that depreciable property will generate income. • Useful life is used to calculate depreciation and amortization deductions. — Also termed depreciable life. See depreciation METHOD. use immunity. See immunity (3). use in commerce. Trademarks. Actual use of a trademark in the advertising, marketing, promotion, sale, or distribution ofgoods or services. • Use of a trademark in commerce is a prerequisite to trademark registration. Regular use demonstrates that the trademark has become associated with currently available goods or services, as contrasted with a token use intended to reserve some right to use the trademark in the future. For goods, a trademark is used in commerce if it is displayed on or with goods offered for sale, or placed on documents related to the goods. For services, a mark is used in commerce if it appears in advertising or on documents related to the services. In addition, the goods must be used or the services rendered in more than one state, because use of a trademark in interstate commerce is a prerequisite to federal trademark registration. [Cases: Trademarks C7751136, 1142.] useless-gesture exception. (1970) Criminal procedure. An exception to the knock-and-announce rule whereby police are excused from having to announce their purpose before entering the premises to execute a warrant when it is evident from the circumstances that people inside the premises are of aware of the police officers’ authority and purpose. See knock-and-announce rule, [Cases: Searches and Seizures 054, 143.1.] use plaintiff. Common-law pleading. A plaintiff for whom an action is brought in another’s name. • For example, when the use plaintiff is an assignee (“A”) of a chose in action and sues in the assignor’s name (“B”), the assignor's name appears first on the petition’s title: “B for the Use of A against C.” — Also termed usee. [Cases: Federal Civil Procedure '(“'131; Parties C— 4-] user (yooz-ar), (15c) 1. The exercise or employment of a right or property <the neighbor argued that an easement arose by his continuous user over the last 15 years>. Cf, nonuser. user de action (yoo-zar dak-shan). [Law French] The pursuing or bringing of an action. 2. Someone who uses a thing <the stapler’s last user did not put it away>. end user. (1963) The ultimate consumer for whom a product is designed. user agreement. See point-and-click ac,ref.ment. user confusion. See consumer confusion. user fee. (1967) A charge assessed for the use of a par- ticular item or facility. Uses, Statute of. See statute of uses. use tax. See tax. use value. See value (2). use variance. See variance (2). use zoning. See Euclidean zoning under zoning. USFSPA, abbr. uniformed services former spouse PROTECTION ACT. USFWS. abbr. united states fish and wildlife SERVICE. USGS. abbr. united states geological survey. usher, n. English law. A court officer responsible for maintaining silence and order in some English courts, swearing in jurors and witnesses, and otherwise aiding the judge. USIP. abbr. united states institute of peace. USITC, abbr. united states international trade COMMISSION. USMA, abbr. united states military academy. U.S. Magistrate. See united states magistrate judge. USMC. abbr. united states marine corps. USMM A. abbr. See united states merchant marine ACADEMY. USMS. abbr. united states marshals service, USN. abbr. united states navy. USNA. abbr. See united states naval academy. U.S. national. See national of the United States under NATIONAL. U.S.-owned foreign corporation. See corporation. USPS. abbr. united states postal service. USPTO. abbr. united states patent and trademark office. usque ad (as-kwee ad). [Law Latin] As far as; up to; until. usque ad caelum (as-kwee ad see-lam). [Latin] Up to the sky <the owner of land also owns the space above the surface usque ad coelum>. Cf. ab orco usque ad coelum. usque ad sententiam (as-kwee ad sen-ten-shee-am). [Law Latin] Hist. Until the pronouncing of judgment. • Executors could be granted certain powers exercisable only usque ad sententiam. USSG. abbr. united states sentencing guidelines. USTDA. abbr. united states trade and develop- ment agency. USTR. abbr. united state trade representative. usual, adj. (14c) 1. Ordinary; customary. 2. Expected based on previous experience, or on a pattern or course of conduct to date. usuary (yoo-zhoo-er-ee), n. Civil law. A person who has the use (usus) of a thing to satisfy personal and family needs; a beneficiary. — Also termed (in Roman law) usuarius. usucapio (yoo-za-kay-pee-oh), n. Roman & civil law. The acquisition of ownership by long, continuous possession begun in good faith; esp., the acquisition of ownership by prescription. • In classical law, the minimum periods required were one year for movables and two for land. Under Justinian law, the minimum periods were three years for movables and ten years for land. See prescription (5). — Also termed usus (yoo-zoos); usucaption (yoo-za-kap-shan); usucapion (yoo-za-kay-pee-on or -an). [Cases: Adverse Possession 0—1.) — usucapt, vb.; usucaption, n. “There is no principle in all law which the moderns, in spite of its beneficial character, have been so loath to adopt and to carry to its legitimate consequences as that which was known to the Romans as Usucapion, and which has descended to modern jurisprudence under the name of Prescription.” Henry S. Maine, Ancient Law 236 (17th ed. 1901). usufruct (yoo-za-frakt), n. [fr. Latin usufructus] Roman & civil law. A right for a certain period to use and enjoy the fruits of another’s property without damaging or diminishing it, but allowing for any natural deterioration in the property over time. • In Roman law, the usufruct was considered a personal servitude, resulting in a real right. In modern civil law, the owner of the usufruct is similar to a life tenant, and the owner of the property burdened is known as the naked owner. La. Civ. Code art. 535. — Also termed perfect usufruct; usufructus; (in Scots law) liferent. Cf. habitation (3). [Cases: Estates in Property 1J "Usufructus is ... the right of using and enjoying property belonging to another provided the substance of the property remained unimpaired. More exactly, a usufruct was the right granted to a man personally to use and enjoy, usually for his life ..., the property of another which, when the usufruct ended, was to revert intact to the dominus or his heir. It might be for a term of years, but even here it was ended by death, and in the case of a corporation (which never dies) Justinian fixed the period at 100 years. A usufruct might be in land or buildings, a slave or beast of burden, and in fact in anything except things which were destroyed by use . , . , the reason, of course, being that it was impossible to restore such things at the end of the usufruct intact . . . .” R.W. Leage, Roman Private Law 181-82 (C.H. Ziegler ed., 2d ed. 1930). legal usufruct. A usufruct established by operation of law, such as the right of a surviving spouse to property owned by the deceased spouse. La, Civ. Code art. 890. [Cases: Executors and Administrators 176; Husband and Wife Oz>273(2); Wills O^ll.] quasi-usufruct. 1. A right to use property that cannot be used without being expended or consumed, such as money or food. • Unlike an ordinary usufruct, a quasi-usufruct actually involves alteration and diminution of the property used. — Also termed imperfect usufruct. 2. Louisiana law. A usufruct over consumable things, such as money or harvested crops, the value of which must be delivered to the naked owner at the end of the usufruct’s term. La. Civ. Code art. 538. • The usufructuary has the right to consume or alienate the consumables and, at the end of the usufruct, to deliver to the naked owner either the value that the things had when the usufruct began or things of the same quantity and quality. [Cases: Executors and Administrators 0-^176.] “The Roman jurists, therefore, would not acknowledge a usufruct of money; though, in their desire to carry out the wishes of testators, they came at length to recognize a quasi-usufruct. For testators, being seldom learned in the law, would often set forth as legacies in their wills the usufruct of a designated sum_in such a case the person named as legatee was allowed to receive the amount . . . on giving security that when he died the same amount should be paid out of his own estate to the heres, the heir of the testator. The relation here, though bearing some resemblance to the usufruct, was really quite different; the person who received the money became absolute owner of it; the heir had no ownership, nothing but the assurance of receiving an equal amount at some future time.” James Hadley, Introduction to Roman Law 193 (1881). usufructuary (yoo-za-frak-choo-er-ee), adj. Roman & civil law. Of or relating to a usufruct; of the nature of a usufruct. usufructuary, n. Roman & civil law. One having the right to a usufruct; specif., a person who has the right to the benefits of another’s property; a life-renter. [Cases: Estates in Property CM.] usufructus. See usufruct. usura (yoo-s[y]oor-a or yoo-z[y]oor-a). [Latin] Civil law. 1. The amount paid for the use of money; interest. 2. usury. Pl. usurae (yoo-s[y]oor-ee). usurae centesimae (yoo-s[y]oor-ee [or yoo-z[y]oor-ee] sen-tes-3-mee). [Latin] Interest at the rate of 12% per year (1% per month), usu. the highest rate allowed by law. • The Romans calculated interest rates by dividing the principal sum into one hundred parts, with one part being payable monthly as interest. ttsurflmflnifeiffl(yoo-s[y]oor-3 [oryoo-z[y]oor-a] man-a-fes-ta). [Latin] Manifest or open usury. Cf. usura VELATA. usura maritima (yoo-s[y]oor-a [or yoo-z[y]oor-a] ma-rit-a-ma). [Latin] Interest taken on a bottomry or respondentia bond, proportioned to the risk and so not restricted by any usury laws. usurarius (yoo-s[y]a-rair-ee-as or yoo-z[y]a-). [Law Latin] Hist. A usurer. usura velata (yoo-s[y]oor-a [oryoo-z[y]oor-a] va- lay-ts). [Latin] Veiled or concealed usury. • A creditor was guilty of usura velata when the creditor added unlawfully high interest to the principal sum as if the interest amount were part of the original loan. Cf. ubi abf.rat ANIMUS FOENERANDH; USURA MANIFESTA. usurious (yoo-z[y]oor-ee-as or yoo-zhuu-ree-as), adj. (17c) 1. Practicing usury <a usurious lenderx 2. Characterized by usury <a usurious contracO. [Cases; Usury 01,10-42.] ' usurpatio (yoo-sar-pay-shee-oh), n. [Latin] Roman law. The interruption of usucaption by reason of loss of physical possession or a lawsuit by the true legal owner. Pl. usurpationes (yoo-sar-pay-shee-oh-neez). usurpation (yoo-sar-pay-shan or yoo-zar-pay-shan), n. (14c) Hie unlawful seizure and assumption of another’s position, office, or authority. [Cases: Officers and Public Employees 0^86.] — usurp (yoo-sarp or yoo-zarp), vb. usurpation ofadvowson (ad-vow-zan). Hist. An injury consisting in the absolute ouster or dispossession of the patron from the advowson. • This happens when a stranger, without the right to do so, presents a clerk who is installed in office. See advowson. usury (yoo-zha-ree), n. (14c) 1. Historically, the lending of money with interest. 2. Today, the charging of an illegal rate of interest as a condition to lending money, 3. An illegally high rate of interest. — Also termed illegal interest-, unlawful interest. [Cases: Banks and Banking 181; Building and Loan Associations 33; Usury C^l.] — usurer (yoo-zhar-ar), n. usury law. A law prohibiting moneylenders from charging illegally high interest rates. [Cases: Usury Ol.] usus (yoo-sas or yoo-zas), n. [Latin "use”] Roman law. 1. The right to use another’s property, without the right to receive or retain the benefits or fruits (fructus) produced by the property. • Usus was a personal servitude; it gave the holder a right in rem. Cf. usufruct. “It is essentially a fraction of a usufruct, usus without the fructus. In strictness, there was no right to any fruits but this was somewhat relaxed in practice. The usuary of a house might consume the fruits of the gardens in his household, but he might not sell them, as a usufructuary might.” W.W. Buckland, A Manual of Roman Private Law 165 (2d ed. 1953). 2. The factual possession required for usucapio. 3. Lapse of time by which a wife was brought into the husband’s family and under his marital power. See manus (i). Cf. COEMPTIO; CONFARREATIO. “Usus is the acquisition of [power over] a wife by possession and bears the same relation to coemptio as usucapion to a mancipation. A Roman citizen who bought some object of property and got possession of it, but not ownership, because he neglected to go through the mancipation prescribed by jus civile, might nevertheless become owner by usucapion, i.e. lapse of time: thus if the object was a movable, continuous possession for one year made him dominus. In like manner, if a man lived with a woman whom he treated as his wife, but whom he had not married by coemptio (or confarreatio), and the cohabitation lasted without interruption for a year, then at the end of that period the man acquired [power over] the woman as his wife, she passed to him in manum....” R.W. Leage, Roman Private Law 100 (C.H. Ziegler ed., 2d ed. 1930), usus bellici (yoo-sas [or -zas] bel-a-si). [Latin] Int’l law. Warlike objects or uses. • This phrase refers to items that, while not inherently of a military nature, are considered contraband because they are used by a belligerent to support its war effort. Usus Feudorum (yoo-sas [or -zas] fyoo-dor-am). See FEUDORUM LIBRl. ut currere solebat (at kar-ar-ee sa-lee-bat). [Latin] As it was wont to run. • This referred to the course of a stream. ut defeodo (at dee fee-a-doh or fyoo-doh). [Law Latin] As of fee. uterine (yoo-tar-in), adj. Born of the same mother but having different biological fathers. uterine brother. See brother. uterine sister. See sister, uterque (yoo-tar-kwee). [Latin] Each of two; both (considered separately). uterque nostrum (yoo-tram-kwee nos-tram). See UTRUMQUE nostrum. utfangthief (at-fang-theef). See outfangthief. uthospites (at hos-pa-teez). [Latin] As guests. uti (yoo-ti), vb. [Latin] Civil law. To use. utifrui (yoo-ti froo-i). [Latin] Civil law. To have the full use and enjoyment of a thing, without damage to its substance. utilis (yoo-ta-lis), adj. [Latin] Civil law. Useful; beneficial; equitable. • This word appeared in phrases such as actio utilis (ak shee oh yoo is lis), meaning “equitable action.” utilitarian-deterrence theory. (1983) The legal theory that a person should be punished only if the punishment benefits society — that is, only if the punishment would help to deter future harmful conduct. See hedonistic utilitarianism under utilitarianism. Cf. RETRIBUTIV1SM. utilitarianism. (1827) The philosophical and economic doctrine that the best social policy is that which does the most good for the greatest number of people; esp., an ethical theory that judges the rightness or wrongness of actions according to the pleasure they create or the pain they inflict and recommends whatever action creates the greatest good for the greatest number of people. • This is a type of consequentialism. For example, utilitarianism analyzes intellectual-property rights from the point of view of society rather than the individual inventor, author, or artist, and justifies the rights as an incentive for social and technological progress. See CONSEQUENTIALISM. Cf. LOCKEAN LABOR THEORY; personality theory. — utilitarian, adj, & n. hedonistic utilitarianism. (1943) The theory that the validity of a law should be measured by determining the extent to which it promotes the greatest happiness to the greatest number of citizens. • This theory is found most prominently in the work of Jeremy Bentham, whose “Benthamite utilitarianism” greatly influenced legal reform in nineteenth-century Britain. Hedonistic utilitarianism generally maintains that pleasure is intrinsically good and pain intrinsically bad. Therefore, inflicting pain on an individual, as by punishing a criminal, is justified only if it results in a net increase of pleasure for society by deterring future harmful behavior. — Also termed Benthamism. See utilitarian-deterrence theory; Benthamite, Cf RF.TRIBUTIVISM. utiliter et equivalenter (yoo- til 3 -tar et i-kwiv-s-len-tar). [Law Latin] Hist. Duly and with equal effect. utiliter impensum (yoo-til-s-tar im-pen-sam). [Latin] Hist. Usefully expended. utility. (14c) 1. The quality of serving some function that benefits society; meritoriousness. 2. Patents. Capacity to perform a function or attain a result for which the patent applicant or holder claims protection as intellectual property. • In patent law, utility is one of the three basic requirements of patentability, the others being nonobviousness and novelty. In the calculation of damages for patent infringement, utility is the benefit or advantage of the patented product or process over the products or processes, if any, that previously had been used to produce similar results. [Cases; Patents C--47.] “[T]he utility requirement does not mandate that the invention be superior to existing products and processes in order to qualify for a patent. The utility standard reflects the judgment that society is better served by access to a library of issued patents describing as many inventions as possible, even if many of them do not achieve better results than public domain technology. This liberal view of utility allows subsequent inventors access to a greater variety of previous technologies, some of which may yet be judged the superior solution when employed within a different context.” Roger E. Schechter & John R. Thomas, Intellectual Property § 15.1, at 316 (2003). з. A business enterprise that performs an essential public service and that is subject to governmental regulation. public utility. (1895) 1. A company that provides necessary services to the public, such as telephone lines and service, electricity, and water. • Most utilities operate as monopolies but are subject to governmental regulation. [Cases: Public Utilities 10L. 2, A person, corporation, or other association that carries on an enterprise for the accommodation of the public, the members of which are entitled as a matter of right to use the enterprises’s facilities. utility fund. See mutual fund. utility model. Pa tents. A system of patent registration giving patent-like rights in some countries, usu. for a shorter term than a patent but with little or no search required. • Utility-model registration is not available in the U.S. or Great Britain, but is offered in Japan and many European countries, including Germany and France. They are available for machines only, and not for chemicals. — Also termed petty patent; second-tier patent; small invention. utility patent. See patent (3). uti mos est in feudifirmis (yoo-ti mahs est in fyoo-di-far-mis). [Law Latin] Scots law. As is the custom in feu-holdings. utinfra (at in-fra also uut). [Latin] Hist. As below. uti possidetis (yoo-ti pah-si-dee-tis). [Latin] I. Int’l law. The doctrine that the administrative boundaries will become international boundaries when a political subdivision or colony achieves independence. 2. Roman law. An interdict ordering each party to a lawsuit to maintain the possession of real property as it stands pending an official decision on who owns the property. Cf utrubi. 3. The doctrine that personal property captured during wartime and still held by the captor when the war ends becomes the captor’s legal property. “The restoration of peace put an end ... to all force, and then the general principle applied, that things acquired in war remain, as to title and possession, precisely as they stood when the peace took place. The uti possetidis is the basis of every treaty of peace, unless it be otherwise agreed. Peace gives a final and perfect title to captures without condemnation; and as it forbids all force, it destroys all hopes of recovery as much as if the vessel was carried infra presidia, and condemned." James Kent, 1 Commentaries on American Low *173 (George Comstock ed., 11th ed. 1866). uti rogas (yoo-ti roh-gas or -gas). [Latin] Roman law. As you ask. • This phrase was inscribed on a ballot to indicate a vote in favor of a bill or candidate. — Abbr. и. r. utitur jure auctoris (yoo-ti-tar joor-ee awk-tor-is). [Latin] Hist. He exercises the right of his predecessor in title, utitur jure communi (yoo-ti-tar joor-ee ka-myoo ni). [Latin] Hist. He relies on the common law. utitur jure privato (yoo-ti-tar joor-ee pri-vay-toh), [Latin] Hist. He relies on his own private right. utitur jure suo (yoo-ti tar joor-ee s[y]oo-oh). [Latin] Hist. He exercises his own right. “The exercise of rights of property on the part of a proprietor . .. cannot be interfered with, even where they are injurious in their effects to the adjoining property. In such case the proprietor is only doing that which he has a right to do, utitur jure suo." John Trayner, Trayner's Latin Maxims 618-19 (4th ed. 1894). utlagare (at-lag-a-ree or at-la-gair-ee), vb. [Law Latin] Hist. To put (an offender) outside the protection of the law. Cf. inlagare; outlawry (2). utlagation (at-la-gay-shan), n. [Law Latin] Hist. The act of placing an offender outside the protection of the law; outlawry. — Also termed utlagatio. Cf. inlagation; outlawry (2). utlagatus (at-ia-gay-tas), n. [Latin] Hist. An outlawed person; an outlaw. utlage (at-lahzh or -lij), n. [Law French] An outlaw, utlagh (at-law). [Old English] Hist. A person outside the protection of the law; an outlaw, utland (at-land) [Old English] Hist. The outer portion of a lord’s demesne, used to support the lord’s tenants, — Also termed delantal (di-lan-tal). Cf. inland (2). utlesse. Hist. A felon’s escape from prison. UTMA. abbr. uniform transfers to minors act. utmost care. See great care under care. ut nihil illi desit (at ni-hil il-i dee-sit). [Latin] Hist. That nothing may be wanting to him. UTPCPL. abbr. unfair trade practices and CONSUMER PROTECTION LAW. utprosint ad veritatem indagandam (at proh-sint ad ver-a-tay-tam in-da-gan-dam), [Law Latin] Hist. That they be of service for investigating the truth, ut res magis valeat quam pereat (rays [or reez or rez] may-jis vay-lee-at kwam peer-ee-at). [Latin “to give effect to the matter rather than having it fail”] A maxim of document construction applied when alternative readings are possible, one of which (usu. the broader reading) would achieve the manifest purpose of the document and the other of which (usu. the narrower reading) would reduce the document’s purpose to futility or absurdity, whereby the interpreter chooses the construction that gives greater effect to the document’s primary purpose. utres valeatpotius quam pereat (at rays [or reez or rez] vay-lee-at poh-shee-as kwam peer-ee-at). [Latin] Hist. That the thing may avail rather than perish; that the transaction may be valid rather than invalid. utrubi (at-ra-bi), n. [Latin] Roman law. An interdict for maintaining the status quo of possession of movable property pending a ruling to determine the property’s rightful owner. • In Roman law, this interdict gave possession of movable property to the party who had held the property longer during the previous year. Justinian applied the rule of uti possidetis to movables. Cf. uti possidetis (2). utrumque nostrum (yoo-tram-kwee nos-tram), [Latin] Each of us. • This phrase usu. appeared in bonds. The accusative form is uterque nostrum. UTSA. abbr. uniform trade secrets act. ut supra (at s[y]oo-pra also uut). [Latin] Hist. As above. utter, adj. (15c) Complete; absolute; total <an utter denial>. utter, vb. (15c) 1. To say, express, or publish <don’t utter another word until your attorney is presents 2, To put or send (a document) into circulation; esp., to circulate (a forged note) as if genuine <she uttered a counterfeit $50 bill at the grocery store>. [Cases: Counterfeiting ’ 9; False Pretenses C—6; Forgery 16.] — utter- ance (for sense 1), uttering (for sense 2), n. utter bar. See outer bar. utter barrister. See outer barrister under barrister. uttering. (18c) The crime of presenting a false or worth- less instrument with the intent to harm or defraud. — Also termed uttering a forged instrument. See forgery. [Cases: Counterfeiting 0^9; False Pretenses <3^6; Forgery C-T> 16.] ut voluntas testatoris sortlatur effectutn (at va-lan-tas tes-ta-tor-is sor-shee-ay-tar i-fek-tam), [Latin] Hist. That the will of the testator may be effectuated. uxor (ak-sor), n. [Latin] Wife. — Abbr. ux. See et uxor. Cf vir. uxorerapta etabducta (ak-sor-ee [also ag-zor-ee] rap-ta et ab-dak-ta). See de uxore rapta et abducta. uxorial (ak-sor-ee-al or ag-zor-), adj. Of, relating to, or characteristic of a wife cuxorial property^ uxoricide (ak-sor-a-sid or ag-zor-), n. (18c) 1. The murder of one’s wife. 2. Aman who murders his wife. Cf. mar-iticide. — uxoricidal, adj. V v, abbr. 1, versus. — Also abbreviated vs. 2. Volume, — Also abbreviated vol. 3. Verb. — Also abbreviated vb, 4. (cap.) Victoria — the Queen of England from 1837 to 1901. 5. Vide. • This Latin term, meaning “see,” is used in phrases such as quod vide (“which see,” abbreviated q.v.). 6. Voce (voh-see). • This Latin term means “voice.” VA. abbr. department op veterans affairs. vacancy, n. 1. The state or fact of a lack of occupancy in an office, post, or piece of property. [Cases: Officers and Public Employees ''[ 55.| 2. The time during which an office, post, or piece of property is not occupied. 3. An unoccupied office, post, or piece of property; an empty place. • Although the term sometimes refers to an office or post that is temporarily filled, the more usual reference is to an office or post that is unfilled even temporarily. An officer’s misconduct does not create a vacancy even if a suspension occurs; a vacancy, properly speaking, does not occur until the officer is officially removed, vacancy clause. Insurance. A special indorsement al lowing premises to be unoccupied beyond the period stipulated in the original insurance policy, so that the insurance remains in effect during policy extensions, often for a reduced amount. [Cases: Insurance 2133, 3049(5).] vacant, adj. (13c) 1. Empty; unoccupied <a vacant office>. • Courts have sometimes distinguished vacant from unoccupied, holding that vacant means completely empty while unoccupied means not routinely characterized by the presence of human beings. 2. Absolutely free, unclaimed, and unoccupied cvacant land>. 3, (Of an estate) abandoned; having no heir or claimant. — The term implies either abandonment or nonoccupancy for any purpose. vacantia (va-kan-sh[ee]-s). See bona vacantia under BONA. vacantia bona (vs-kan-sh[ee]-a boh-na). See bona vacantia under bona. vacant succession. See succession (2). vacate, vb. (17c) 1. To nullify or cancel; make void; invalidate <the court vacated the judgments Cf. overrule. 2. To surrender occupancy or possession; to move out or leave <the tenant vacated the premises>. vacatio (va-kay-shee-oh). Civil law. Exemption; immunity; privilege; dispensation. vacation, n. (15c) 1. The act of vacating <vacation of the office> cvacation of the court’s order>. 2. The period between the end of one term of court and the beginning of the next; the space of time during which a court holds no sessions. [Cases: Courts Ot>69.] • The traditional vacations in England were Christmas vacation, beginning December 24 and ending January 6; Easter vacation, beginning Good Friday and ending Easter Tuesday; Whitsun vacation, beginning on the Saturday immediately before and ending the Tuesday immediately after Whitsunday (i.e., Pentecost, the seventh Sunday after Easter); and the long vacation, beginning August 13 and ending October 23. 3. Loosely, any time when a given court is not in session. [Cases: Courts 69.] 4. Eccles, law. The act or process by which a church or benefice becomes vacant, as on the death or resignation of the incumbent, until a successor is appointed. — Also termed (in sense 4) vacatura. vacation barrister. See barrister. vacatur (va-kay-tar), n. [Law Latin “it is vacated”] (17c) 1. The act of annulling or setting aside. 2. A rule or order by which a proceeding is vacated. vacatura (vay-ka-t[y|oor-a), n. [Latin, vacation (4). vacua possessio (vak-yoo-a pa-zes[h]-ee-oh). [Latin “a vacant possession”] Homan & civil law. Free and unburdened possession, which a seller must convey to a purchaser. vacuus (vak-yoo-as), adj. [Latin, Hist. Empty; void; vacant; unoccupied. vades. See vas. vadiareduellum (vad-ee-air-ee d[y]oo-el-am), vb. [Law Latin “to wage the duellum”] Hist. To give pledges mutually for engaging in trial by combat. vadiare legem (vad-ee-air-ee lee-jam), vb. [Law Latin “to wage law”] Hist. (Of a defendant in a debt action) to give security to make one’s law on a day assigned — that is, the defendant would pledge, upon giving the security, to do two things on the appointed day in court: (1) take an oath in open court that the debt was not owed, and (2) bring 11 compurgators who would swear that they believed what the defendant said. vadiatio (vad-ee-ay-shee-oh), w. [Law Latin] Hist. Wager. Cf. invadiatio. Pl. vadiationes (vad-ee-ay-shee-oh-neez). vadiatio duelli (vad-ee-ay-shee-oh d[y]oo-el-i). [Law Latin “wager of battle”] See trial by combat. vadiatio legis (vad-ee-ay-shee-oh lee-jis). [Law Latin “wager of law”] See w'ager of law'. vadimonium (vad-a-moh-nee-am), n, Roman law. 1. A guarantee (originally backed by sureties) that a litigant would appear in court. 2. A solemn promise to this effect. — Also termed vadimony. vadium (vay-dee-am), n. [Law Latin “pledge, bail, security”] Hist. 1. Security by a pledge of property. vadium mortuum (vay-dee-am mor-choo-sm). [Law Latin “dead pledge”] A mortgage, • This was considered a “dead pledge” because an estate was given as security by the borrower, who granted to the lender the estate in fee, on the condition that if the money were not repaid at the specified time, the pledged estate would continue as the lender’s — it would be gone from, or “dead” to, the borrower (mortgagor). — Also termed mortuum vadium. See mortgage. [Cases: Mortgages Cl.| vadium vivum (vay-dee-am vi-vam). [Law Latin “live pledge”] A living pledge, wh ich exists when an estate is granted by a borrower to a lender until a debt is paid out of the estate’s proceeds. • The pledge was so called because neither the money nor the lands were lost; it was a “living pledge” because the profits of the land were constantly paying off the debt. — Also termed vivum vadium; vif-gage. 2. Wages; salary. vadiumponere (vay-dee-am poh-na-ree), vb. Hist. To take bail for the appearance of a person in court. vagabond (vag-a-bond), n. Archaic. A homeless wanderer without any means or an honest livelihood; vagrant. • This term became archaic over the course of the 20th century, as vagrants won the right not to be forcibly removed from cities in such cases as Papachristou v. City of Jacksonville, 405 U.S. 156, 92 S.Ct. 839 (1972). In the 1980s and 1990s, vagabonds came to be known as street people and homeless people, or the homeless. — Also termed vagabundus (vag-a-ban-das). “[A] 11 idle persons or vagabonds [are]... divided into three classes, /4/eand disorderly persons, rogues and vagabonds, and incorrigible rogues; - all these are offenders against the good order, and blemishes In the government, of any kingdom. They are therefore all punished . . . rogues and vagabonds with whipping and imprisonment not exceeding six months . ...” 4 William Blackstone, Commentaries on the Laws of England 170 (1769). vagabondage (vag-a-bon-dij). 1, The condition of a vagabond. 2. Vagabonds as a class. — Also termed (in sense 1) vagabondism; (in senses 1 & 2) vagabondry. vagabundus (vag-a-ban-das). [Law Latin] See VAGABOND. vagrancy (vay-gran-see), n. (17c) 1. The state or condition of wandering from place to place without a home, job, or means of support. • Vagrancy is generally considered a course of conduct or a manner of living, rather than a single act. But under some statutes, a single act has been held sufficient to constitute vagrancy. One court held, for example, that the act of prowling about and creeping up on parked cars and their occupants at night, under circumstances suggesting an intent to commit a crime, constitutes vagrancy. See Smith v. Drew, 26 P.2d 1040 (Wash. 1933). Many state laws prohibiting vagrancy have been declared unconstitutionally vague. — Also termed vagrantism. [Cases: Vagrancy C~T.] 2. An instance of such wandering. Cf. LOITERING. “Vagrancy is a status resulting from misconduct and in the form of a socially harmful condition or mode of life which has been defined and made punishable by law. Until recently It was a misdemeanor, or group of misdemeanors, In most states.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 494 (3d ed. 1982), vagrant, adj. (15c) 1. Of, relating to, or characteristic of a vagrant; inclined to vagrancy. 2. Nomadically homeless. [Cases: VagrancyCl.l vagrant, n. (15c) 1. At common law, anyone belonging to the several classes of idle or disorderly persons, rogues , and vagabonds, 2. One who, not having a settled habitation, strolls from place to place; a homeless, idle wanderer. • The term often refers to one who spends time in idleness, lacking any property and without any visible means of support. Under some statutes, a vagrant is an offender against or menace to the public peace, usu, liable to become a public burden. Cf. vagabond. (Cases: Vagrancy C^l.] vagrantism. See vagrancy. vague, adj. (16c) 1. Imprecise; not sharply outlined; indistinct; uncertain. unconstitutionally vague, 1. (Of a penal legislative provision) so unclear and indefinite as not to give a person of ordinary intelligence the opportunity to know what is prohibited, restricted, or required. [Cases: Criminal Law<CC?i3.|(i); Statutes 47.] 2, (Of a statute) impermissibly delegating basic policy matters to administrators and judges so such a degree as to lead to arbitrary and discriminatory application. [Cases: Statutes 47.] 2. (Oflanguage) describing a distribution around a central norm, as opposed to a neatly bounded class; broadly indefinite; not clearly or concretely expressed. 3. Characterized by haziness of thought, vague-and-indefinite rejection. See rejection. vagueness. (18c) 1. Uncertain breadth of meaning <the phrase “within a reasonable time” is plagued by vagueness — what is reasonable?>, • Though common in writings generally, vagueness raises due-process concerns if legislation does not provide fair notice of what is required, restricted, or prohibited, because enforcement may become arbitrary. 2. Loosely, ambiguity. See ambiguity. vagueness doctrine. (1957) Constitutional law. The doctrine — based on the Due Process Clause — requiring that a criminal statute state explicitly and definitely what acts are prohibited or restricted, so as to provide fair warning and preclude arbitrary enforcement. — Also termed void-for-vagueness doctrine. See void for vagueness under void. Cf. overbreadth doctrine. (Cases: Constitutional Law C=’45O6.] valeat quantum (vay-lee-at [or -at] kwon-tam). [Law Latin] Hist. For as much as it is worth, valens agere (vay-lenz aj-ar-ee). [Law Latin] Hist, Able to act. “A person Is said to be valens agere when, from age and position, he is able to protect his rights against the invasion of them by others: against such a person not protecting his rights prescription runs, while prescription does not run against one who is non valens agere." John Trayner, Trayner’s Latin Maxims 621 (4th ed. 1894). valentia (va-len-shee-a), n. [Law Latin front Latin valere “to be of value”] Hist. Value; worth. • In old indictments for larceny, this term often appeared to express the value of the things taken. valentia agendi (va-len-shee-a a-jen-dr). [Law Latin] Hist. The power of acting. See valens agere. valereseipsum (va-leer-ee see-ip-sam). [Law Latin] Hist. To be of its own value. • The phrase usu. referred to land. valid, adj. (16c) 1. Legally sufficient; binding <a valid contracts 2. Meritorious <that is a valid conclusion based on the facts presented in this case>. — validate, vb. — validation, validity, n. valid agreement. See valid contract under contract. validating statute. See statute. valid contract. See contract. validity opinion. See opinion (2). validity search. An exhaustive search for prior art or any other facts that can be used to invalidate a patent. See breaking a patent. Cf. infringement search; patentability search. valid judgment. See judgment. valid marriage. See marriage (t). valid warrant. See warrant (1). valise diplomatique (va-lees di-ploh-ma-teek). See diplomatic pouch. Vallescura rule. Maritime law. The holding that when a maritime loss is due to more than one cause, and the carrier is exempt from liability for at least one of them, the burden is on the carrier to prove what loss is due to the exempt cause. • If the carrier fails to prove the exemption, it is liable for the entire loss. Schnell v. The Vallescura, 293 U.S. 296, 55 S.Ct. 194 (1934). VA loan. See veteran’s loan under loan. valor (val-ar), n. [Latin] Hist. Value; worth; rate; a valuation. — Also spelled (esp. in BrE) valour. See ad valorem. valor beneficiorum (val-ar ben-a-fish-ee-or-am). [Law Latin] Hist. The value of all ecclesiastical benefices and spiritual preferments. valor maritagii (val-ar mar-a-tay-jee-i). [Latin] Hist. The value of a marriage. • Under ancient tenures, this was the amount that a female ward forfeited to a guardian when the guardian had offered her a marriage without disparagement (inequality), and she refused. Likewise in feudal law, the guardian in chivalry had the right of tendering to a minor ward a suitable match, without disparagement. If the ward refused, she had to compensate the guardian for the value of the marriage (valor maritagii). — Also termed (in the accusative) valorem maritagii; (Scots law) avail of marriage. “If an infant ward of a guardian in chivalry refused a match tendered by the guardian, he or she forfeited the value of the marriage (.valorem maritagii) to the guardian; that is, so much as a jury would assess, or any one would bona fide give to the guardian for such an alliance." 2 Alexander M. Burrill, A Law Dictionary and Ciossary 572-73 (2d ed. 1867). valuable, adj. Worth a good price; having financial or market value. valuable consideration. See consideration (1). valuable improvement. See improvement. valuable papers. Documents that, upon a person’s death, are important in carrying out the decedent’s wishes and in managing the estate’s affairs. • Examples include a will, title documents, stock certificates, powers of attorney, letters to be opened on one’s death, and the like. Some statutes require that, to be effective, a holographic will devising realty must be found among the decedent’s valuable papers. valuable-papers insurance. See insurance. valuation, n. (16c) 1. The process of determining the value of a thing or entity. 2. The estimated worth of a thing or entity. — value, valuate, vb. assessed valuation. (1825) The value that a taxing authority gives to property and to which the tax rate is applied. [Cases: Taxation 0^2512,2520.] special-use valuation. (1976) An executor’s option of valuating real property in an estate, esp. farmland, based on its current use rather than for its highest potential value. [Cases: Internal Revenue <C=>4183; Taxation C--3350.] valuation date. See alternate valuation date. valuation list. Hist. An inventory of all the ratable her- editaments in a parish, each item in the inventory recording the name of the occupier, the owner, the property, the extent of the property, the gross estimated rental, and the ratable value. • The list was traditionally prepared by the overseers of each parish. value, n. (14c) 1. The significance, desirability, or utility of something. social value. The significance, desirability, or utility of something to the general public. 2. The monetary worth or price of something; the amount of goods, services, or money that something commands in an exchange. actual cash value. Insurance. 1. Replacement cost minus normal depreciation. [Cases; Insurance Ou' 2181.] 2. Seefair market value. actual market value. See fair market value. actual value. See fair market value. agreed value. A property’s value that is fixed by agree- ment of the parties, esp. the property’s owner and the person or entity valuating the property. • An example is a list of property values contained in an insurance policy. [Cases: Insurance C—-2171.] annual value. 1. The net yearly income derivable from a given piece of property. 2. One year’s rental value of property, less the costs and expenses of maintaining the property. assessed value. The value of an asset as determined by an appraiser for tax purposes. [Cases: Taxation 2510.] book value. See book value. cash surrender value. Insurance. The amount of money payable when an insurance policy having cash value, such as a whole-life policy, is redeemed before maturity or death. — Abbr. CSV. — Also termed surrender value-, cash value. [Cases: Insurance 1957, 2037.] cash value. 1. See fair market value. 2. See full cash value. 3. See cash surrender value. clear annual value. The net annual value of property, after payment of taxes, interest on mortgages, and other charges. clear market value. See fair market value. clear value. Tax. For purposes of an inheritance tax, whatever remains of an estate after all claims against it have been paid. [Cases: Taxation CO33351.] commuted value (ka-myoo-tid). 1. In the assessment of damages, the present value of a future interest in property. 2, The value of future payments when discounted to their present value. enterprise value. A measure of a company’s market value, calculated by aggregating the value of the company’s market capitalization, debt, and preferred stock, and subtracting cash and cash equivalents. exchange value. The amount of money for which property or services could be exchanged or procured if there is a ready market continually resorted to by traders — or, in the absence of such a market, the amount that could be obtained in the usual course of finding a purchaser or hirer of similar property or services. [Cases: Evidence Or113(20).] fair market value. (18c) The price that a seller is willing to accept and a buyer is willing to pay on the open market and in an arm’s-length transaction; the point at which supply and demand intersect. — Abbr. FMV, — Also termed actual value; actual cash value; actual market value; cash value; clear market value; fair and reasonable value; fair cash market value; fair cash value; fair market price; fair value; full value; just value; market value; salable value; true value. [Cases: Taxation 0^2515.] “(A] forced sale price is not fair value though it may be used as evidence on the question of fair value. Likewise, the fair value of saleable assets is not what they would sell for in the slow process of the debtor's trade as if the debtor were continuing business unhampered. The general idea of fair value is the amount of money the debtor could raise from its property in a short period of time, but not so short as to approximate a forced sale, if the debtor operated as a reasonably prudent and diligent businessman with his interests in mind, especially a proper concern for the payment of his debts." David C. Epstein et alBankruptcy § 6-18, at 307 (1993). fair value. See fair market value. full cash value. Market value for property tax purposes; estimated value derived by standard appraisal methods. — Also termed cash value. [Cases: Taxation 02515.] full value. See fair market value. future value. The value, at some future time, of a present sum or a series of monetary payments, calculated at a specific interest rate, going-concern value. The value of a commercial enterprise’s assets or of the enterprise itself as an active business with future earning power, as opposed to the liquidation value of the business or of its assets. • Going-concern value includes, for example, goodwill. — Also termed going value. Cf, GOODWILL. highest proved value. In a trover action, the greatest value (as proved by the plaintiff) that the converted property reached from the time of the conversion until trial. • It is the highest amount that a plaintiff is entitled to recover. [Cases: Trover and Conversion O 44. insurable value. See insurable value. intrinsic value. The inherent value of a thing, without any special features that might alter its market value. • The intrinsic value of a silver coin, for example, is simply the value of the silver within it. just value. See fair market value. liquidation value. 1. The value of a business or of an asset when it is sold in liquidation, as opposed to being sold in the ordinary course of business. 2. See liquidation price under price. market value. See fair market value. most-suitable-use value. See optimal-use value, net value. 1. Insurance. The excess of a policyholder payments over the yearly cost of insurance; the part of an insured’s annual premium that, according to actuarial tables, the insurer must set aside to meet the insurer’s obligations to the insured. — Also termed reserve. [Cases: Insurance 0^2037.] 2. The fair market value of shares of stock. [Cases: Corporations 0182.4(5), 584.] new value. 1, A value that is newly given or freshly calculated. 2. The value obtained by taking a security, such as' collateral, for any debt other than a preexisting one. optimal-use value. Tax. The highest and best use of a thing from an economic standpoint. • If a farm would be worth more as a shopping center than as a farm, the shopping-center value will control even if the transferee (that is, a donee or heir) continues to use the property as a farm. — Also termed most-suitable-use value. [Cases: Taxation <02515.] par value. See par value. policy value. See policy value. present value. See present value. residual value. See salvage value. salable value. See fair market value. salvage value. (1917) The value of an asset after it has become useless to the owner; the amount expected to be obtained when a fixed asset is disposed of at the end of its useful life, • Salvage value is used, under some depreciation methods, to determine the allowable tax deduction for depreciation. And under the UCC, when a buyer of goods breaches or repudiates the contract of sale, the seller may, under certain circumstances, either complete the manufacture of any incomplete goods or cease the manufacture and sell the partial product for scrap or salvage value. UCC § 2-704(2). — Also termed residual value; scrap value. See depreciation. [Cases; Sales <0384(6).] scrap value. See salvage value. settlement value. The value of a claim if the claimant settles immediately as opposed to pursuing the claim further through litigation. surrender value. See cash surrender value. true value. See fair market value. use value. A value established by the utility of an object instead of its sale or exchange value. value received. See value received. 3. Sufficient contractual consideration. — value, vb. — valuation, n. “Value also includes paying or securing a preexisting debt, and in this regard value is broader than common-law consideration. Thus, a debtor receives value in satisfying an antecedent claim (as by paying an overdue account or an outstanding loan or by transferring property to vindicate a preexisting interest in it) or in providing collateral for a previously unsecured creditor. It makes no difference that the debtor got nothing new, in terms of property added to her estate, at the time of the transfer." David G. Epstein et al., Bankruptcy § 6-49, at 374 (1993). value-added card. See stored-value card, value-added model. See labor-desf.rt model. value-added tax. See tax. value date. The date when the proceeds of a bill of exchange (e.g., a check) or of a foreign-exchange transaction (e.g., a sale of dollars for euros) become available for use, — Also termed here and there. valued policy. See insurance policy. valued-policy law. A statute requiring insurance companies to pay the full amount of the insurance to the insured in the event of a total loss, regardless of the true value of the property at the time of loss. [Cases: Insurance <02171.] value fund. See mutual fund. valuer. See appraiser. value received. (17c) Consideration that has been delivered. • This phrase is commonly used in a bill of exchange or promissory note to show that it was supported by consideration. [Cases: Bills and Notes <O 12,40, 90, 98.] valuta (vs-loo-ta), n. [Italian fr. Latin) Value; worth; esp,, the value of a currency in relation to that of the currency of some other country. valvasor (valv-a-sor), n. [Law Latin] Hist. A principal vassal who, though not holding directly of the sovereign, held of those who did so; a vassal of the second degree or rank. — Also spelled valvassor. See vavasor. VA mortgage. See mortgage. vandal, [fr. Latin Vandalus, a member of the Germanic tribe known as Vandals] (17c) A malicious destroyer or defacer of works of art, monuments, buildings, or other property. vandalism, n. (18c) 1. Willful or ignorant destruction of public or private property, esp. of artistic, architectural, or literary treasures. 2. The actions or attitudes of one who maliciously or ignorantly destroys or disfigures public or private property; active hostility to anything that is venerable or beautiful. — vandalize, vb. — van-dalistic, adj. vara (vah-rah). Spanish-Am. law. A measure of length equal to about 33 inches. • Local usage varies, so that a vara may sometimes be more and sometimes less than 33 inches. In Mexican land grants, the measure is equal to 32.9927 inches. The term is often found in old land grants in states that were formed from land governed by Spain or Mexico. variable annuity. See annuity. variable annuity contract. See contract. variable cost. See cost (i). variable life insurance. See life insurance. variable rate. See interest rate. variable-rate mortgage. See adjustable-rate mortgage under mortgage. variance. (14c) 1. A difference or disparity between two statements or documents that ought to agree; esp., in criminal procedure, a difference between the allegations in a charging instrument and the proof actually introduced at trial. — Also termed variation. [Cases: Indictment and Information O^lTl.] fatal variance. (18c) A variance that either deprives the defendant of fair notice of the charges or exposes the defendant to the risk of double jeopardy. • A fatal variance is grounds for reversing a conviction, [Cases: Indictment and Information O> 171.] immaterial variance. (18c) A variance too slight to mislead or prejudice the defendant and is thus harmless error. [Cases: Indictment and Information 0171,] 2. A license or official authorization to depart from a zoning law. — Also termed (in sense 2) zoning variance. See hardship (4). Cf. special exception (2); special-use permit. [Cases: Zoning and Planning C-481-549.] area variance. A variance permitting deviation from zoning requirements about construction and placement, but not from requirements about use. [Cases: Zoning and Planning 0^503.] use variance. A variance permitting deviation from zoning requirements about use. [Cases: Zoning and Planning C=>481.] varrantizatio (va-ran-ti-zay-shee-oh), n. [Law Latin] Hist. Scots law. A warranty. vas (vas), n. [Latin “surety”] A pledge, surety, bail; esp., in early law, security for a criminal defendant’s appearance in court. • In Roman law under the legis actio procedure, a vas was a special surety for the defendant if there was an adjournment injure. PL vades (vay-deez). See IN JURE (2); LEGIS ACTIO. vassal (vas-al), n. [fr. Law Latin vassallus] Hist. The grantee of a fief, feud, or fee; a feudal tenant. Cf. FREEMAN (5). arriere vassal (a-ree-air vas-al). Hist. The vassal of a vassal. vassalage (vas-al-ij), n. Hist. 1. The state of being a vassal or feudatory. — Also termed vasseleria. 2. The service required of a vassal. — Also termed vassaticum-, main-rent. 3. The territory held by a vassal; a fief or fee. 4. Vassals collectively. 5, The dominion or authority of a feudal superior over vassals, 6, Political servility; subjection. vassalli ligii (vas-a-li lij-ee-i). [Law Latin] Hist. Vassals holding immediately of the Crown. vassallo et quibus dederit (vas-a-loh et kwib-as dee-dar-it). [Law Latin] Hist. To the vassal and to whomsoever he shall have given it. • The phrase was included in feudal grants. "If the original grant had been destined to the vassal, 'and his heirs and assignees whomsoever,’ this only bound the superior to receive the proper heirs of the vassal and not his assignee; but if the destination bore . . . [vassal] ‘et quibus dederit,’ this was construed as a consent on the part of the superior to alienation, and under which he was . bound to receive as vassal his vassal’s disponee. This distinction . . . was practically abolished by the Act 20 Geo. II. c. 50, which introduced a mode by which either an heir or disponee could force an entry from the superior.” John Trayner, Trayner’s Latin Maxims 622 (4th ed. 1894). vassallo faciendo superiori quod dejure facere oportet (vas-a-loh fay-shee-en-doh s[y]oo-peer-ee-or-i kwod dee joor-ee fay-sa-ree a-por-tet). [Law Latin] Hist. Upon the vassal performing that to the superior which, according to law, he ought to perform. vassallus (vas-a-las), n. [Law Latin] Hist. A feudal tenant. Cf. VASSUS. vassal state. Int’l law. A state that possesses only those rights and privileges that have been granted to it by a more powerful state. vassaticum (va-sat-a-kam). [Law Latin] See vassalage (2)- vasseleria (vas-a-leer-ee-a). [Law Latin] See vassalage (1). vassus (vas-as), n. [Law Latin] Hist. A feudal tenant who held immediately of the king. Cf. vassallus. vasto. See de vasto. vastum (vas-tam), n. Hist, waste. vastum forestae vel bosci (vas-tam for-es-tee vel bahs-i). Hist. Waste of a forest or wood. VAT. See value-added tax under tax. vauderie (vaw-dar-ee). Hist. Sorcery; witchcraft, Vaughn index. A comprehensive list of all documents that the government wants to shield from disclosure in Freedom of Information Act (FOIA) litigation, each document being accompanied by a statement of justification for nondisclosure. • Supported by one or more affidavits, a Vaughn index has three purposes: (1) forcing the government to scrutinize all material withheld; (2) enabling the trial court to fulfill its duty of ruling on the factual basis of each claimed FOIA exemption; and (3) enabling the adversary system to operate by giving the requester as much information as possible. 5 USCA § 552 et seq. The name derives from Vaughn v. Reese, 484 F.2d 820 (D.C. Cir. 1973). [Cases: Records 62.] vavasor (vav-a-sor), n. [Law Latin] Hist. The vassal or tenant of a baron; one who held under a baron and also had subtenants. — Also spelled vavasour (vav-a-suur), Cf. vaivasor. vavasory (vav-s-sor-ee), n. [fr. Law Latin vavasoria] Hist. The lands held by a vavasor. VAWA. abbr. violence against women act. VC. abbr. vice-chancellor. VCC. abbr. vice-chancellor’s court. v.e. abbr. venditioni exponas. veal-money. Hist. The annual rent paid by tenants of the manor of Bradford, in the county of Wiltshire, in lieu of veal formerly paid in kind. vectigal (vek-ti-gal), n. Roman & civil law. 1. A tax, esp. an import or export duty, paid to the state. 2. An annual ground rent paid in kind or in money. Pl. vec-tigalia (vek-ta-gay-lee-a). vectigal judiciarium (vek-ti-gal joo-dish-ee-air-ee-am), n. A tax or fine to defray the expenses of maintaining courts of justice. Pl, vectigalia judiciaria. vectura (vek-t[y]oor-a). Hist. Maritime law. Freight, veggie-libel law. Slang. See agricultural-disparage- ment law. vehicle (vee-a-kal), n. 1. An instrument of transportation or conveyance. 2. Any conveyance used in transporting passengers or things by land, water, or air. vehicular (vee-hik-ya-lar), adj. Of, relating to, or caused by a vehicle or vehicles. vehicular homicide. See homicide. veil-piercing. See piercing the corporate veil. vein, n. Mining law. A continuous body of mineral or mineralized rock, filling a seam or fissure in the earth’s crust, within defined boundaries that clearly separate it from surrounding rock. discovery vein. The primary vein for the purpose of locating a mining claim. [Cases: Mines and Minerals 016,30-33.] vejour (va-zhoor), n. [Law French fr. Law Latin visores “viewers”] Hist. 1. One of several persons sent by the court to examine a place in question to help in the decision-making process. 2. A person sent to visit persons who claim they are unable to appear in court on account of illness, to see whether they are actually so sick that they cannot appear or whether they are malingering. — Also spelled veyor; veyour; vayowr; veiour; veighor. vel faciendo vel delinquendo (vel fay-shee-en-doh vel dee-ling-kwen-doh). [Law Latin] Hist. Either by doing something or by leaving something undone. • The phrase appeared in reference to what was accomplished by act or omission. vel non (vel non). [Latin “or not”] (1895) Or the absence of it (or them) <this case turns solely on the finding of discrimination vel non>. venal (vee-nol), adj. (17c) 1. (Of a person) capable of being bribed. 2. Ready to sell one’s services or influence for money or other valuable consideration, usu. for base motives. 3. Of, relating to, or characterized by corrupt bargaining. 4. Broadly, purchasable; for sale. vend, vb. (17c) 1. To transfer to another for money or something else of value. • The term is not commonly applied to real estate, although its derivatives (vendor and vendee) are. 2. To make an object of trade, esp. by hawking or peddling. 3. To utter publicly, to say or state; to publish broadly. vendee. (16c) A purchaser, usu. of real property; a buyer. [Cases: Vendor and Purchaser ',.1.] vendee’s lien. See lien. vendetta (ven-det-a), n. (1855) A private blood feud in which family members seek revenge on one or more persons outside the family (often members of another family); esp., a private war in which the nearest of kin seek revenge for the slaying of a relative. vend. ex. abbr. venditioni exponas. vendible, adj. Salable; fit or suitable to be sold, venditae (ven-da-tee). [fr. Latin vendere “to sell”] Hist. A tax on things sold in markets and at public fairs. venditio (ven-dish-ee-oh). [Latin] Roman & civil law. 1. A sale; vendition. 2. A contract of sale. • In this sense, the term is short for emptio et venditio. See emptio. 3. Broadly, any contract by which the ownership of something may be transferred for value. Pl. venditiones. venditio corporis (ven-dish-ee-oh kor-pa-ris). A sale of a specific thing. — Also termed venditio speciei. venditio generis (ven-dish-ee-oh jen-a-ris). A sale of goods of a class or general kind. venditio nominis (ven-dish-ee-oh nom-a-nis). A sale or conveyance of a debt. venditio speciei (ven-dish-ee-oh spee-shee-i). See venditio corporis. vendition, n. The act of selling; a sale. — Also termed venditio. venditioni exponas (ven-dish-ee-oh-ni eks-poh-nas). [Latin “you are to expose for sale”] A writ of execution requiring a sale of particular goods to be made. • The writ is directed to a sheriff who has levied upon goods under a. fieri facias but has reported that the goods remain unsold for lack of buyers. In some jurisdictions, a venditioni exponas is issued to require a sale of property seized under an earlier writ, after the property has been condemned or passed upon by inquisition. — Abbr. vend, ex.-, v. [Cases: Execution 0^217.] venditor (ven-do-tor), n. Hist. See vendor. venditor regis (ven-da-tar ree-jis). [Latin] Hist. The king’s seller; esp., the person who sold goods and chattels that had been seized or distrained to answer a debt due to the king. venditrix (ven-da-triks), n. Hist. A female vendor, vendor. A seller, usu. of real property. — Also termed venditor. [Cases: Vendor and Purchaser 04.] itinerant vendor. A vendor who travels from place to place selling goods. [Cases: Licenses 'S i5(2).| vendor’s lien. See lien. vendue (ven-d[y]oo or ven-d[y]oo). Hist. 1. A sale; esp., a sale at public auction. 2. See execution sale under SALE. vendue master. Hist. See auctioneer. venereal disease. See sexually transmitted DISEASE. venery (ven-a-ree). Archaic. 1. Hunting. 2. Sexual intercourse. Venetian patent statute. Hist. A law enacted in Venice in 1474, giving an inventor the exclusive right to make and use an invention for 10 years. • This was the first known patent law, with procedures for securing and enforcing the inventor’s right to exclude others from working, using, or benefiting from the invention. venia (vee-nee-a), n. [Latin] Hist. 1. A penitent’s kneeling or assuming a prostrate position on the ground. 2. A pardon. 3. The granting of a privilege. Pl. veniae. venia aetatis (vee-nee-a i-tay-tis). Roman & civil law. A privilege granted by a prince or sovereign by virtue of which an underage person is entitled to legally act and be treated as if he or she were of full age. venial (vee-nee-al), adj. (14c) (Of a transgression) forgivable; pardonable. venire (va-ni-ree or -neer-ee or -nir or -neer). (1807) 1. A panel of persons selected for jury duty and from among whom the jurors are to be chosen. — Also termed array, jury panel-, jury pool. [Cases: Jury O^>60-69.] special venire. A panel of citizens summoned when there is an unexpected need for a larger pool from which to select jurors, or a panel summoned for a particular (usu. capital) case. [Cases: Jury '2, 70.] 2. VENIRE FACIAS. venire de novo. See venire facias de novo under venire facias. venire facias (va-ni-ree [or -neer-ee or -nir or -neer] fay-shee-as). (15c) A writ directing a sheriff to assemble a jury. — Often shortened to venire. — Also termed venire facias juratores (juur-a-tor-eez). [Cases: Jury 067.] venire facias ad respondendum (ad ree-spon-den-dam). A writ requiring a sheriff to summon a person against whom an indictment for a misdemeanor has been issued. • A warrant is now more commonly used. venire facias de novo (dee or di noh-voh). (18c) A writ for summoning a jury panel anew because of some impropriety or irregularity in the original jury’s return or verdict such that a judgment cannot be entered on it. • The result of a new venire is a new trial. In substance, the writ is a motion for a new trial, but when the party objects to the verdict because of a procedural error (and not an error on the merits), the form of motion was traditionally for a venire facias de novo. — Often shortened to venire de novo. venire facias tot matronas (tot ma-troh-nas). A writ requiring a sheriff to summon a jury of matrons to execute a writ de ventre inspiciendo. See de ventre inspiciendo. veniremember (va-ni-ree-mem-bar or va-neer-ee- or va-neer-). (1966) A prospective juror; a member of a jury panel. — Also termed venireman; venireperson; talesman. See talesman. venit et defendit (vee-nit et di-fen-dit). [Latin] Comes and defends. • The phrase appeared in old-style defensive pleadings. venit etdicit (vee-nit et di-sit). [Latin] Comes and says. • The phrase appeared in old-style pleadings. Remnants of the phrase still occur in some American jurisdictions: Now comes the plaintiff, and respectfully says .... vente (vawnt or vont). [French] French law. A sale; contract of sale. vente aleatoire (a-lay-a-twahr). A sale subject to an uncertain event. vente a remere (ah ray-may-ray). A conditional sale, in which the seller reserves the right to redeem or repurchase the property at the same price. • The term is used in Louisiana and in some parts of Canada. vente aux encheres (oh-zawn-shair). An auction. See AUCTION. venter (ven-tar), n. [Latin “womb”] 1. The womb of a wife or mother. 2. One of two or more women who are sources of the same man’s offspring. “venter ... is a term nowadays considered objectionable, as it refers to the woman merely as the possessor of a birth canal.” Bryan A. Garner, A Dictionary of Modern Legal Usage 910 (2d ed. 1995). ventre inspiciendo. 1. See de ventre inspiciendo;. 2. See venire facias tot matronas under venire facias. venture. (16c) An undertaking that involves risk; esp., a speculative commercial enterprise. Cf. joint VENTURE. venture capital. See capital. venturer, n. (16c) 1. One who risks something, and hopes to gain more, in a business enterprise. 2. One who participates in an association of two or more parties in a business enterprise. See joint venture. venue (ven-yoo). [Law French “coming”] (16c) Procedure. 1. The proper or a possible place for a lawsuit to proceed, usu. because the place has some connection either with the events that gave rise to the lawsuit or with the plaintiff or defendant. [Cases: Federal Courts C - 71; Venue O^>1.5.] 2. The territory, such as a country or other political subdivision, over which a trial court has jurisdiction. Cf. jurisdiction (l), (2). 3. Loosely, the place where a conference or meeting is being held. 4. In a pleading, the statement establishing the place for trial. [Cases: Federal Courts 94.] 5. In an affidavit, the designation of the place where it was made. “Venue must be carefully distinguished from jurisdiction. Jurisdiction deals with the power of a court to hear and dispose of a given case; in the federal system, it involves questions of a constitutional dimension concerning the basic division of judicial power among the states and between state and federal courts. Venue is of a distinctly lower level of importance; it is simply a statutory device designed to facilitate and balance the objectives of optimum convenience for parties and witnesses and efficient allocation of judicial resources.” Jack H. Friedenthal etal., Civil Procedure § 2.1, at 10 (2d ed. 1993). “The distinction must be clearly understood between jurisdiction, which is the power to adjudicate, and venue, which relates to the place where judicial authority may be exercised and is intended for the convenience of the litigants. It is possible for jurisdiction to exist though venue in a particular district is improper, and it is possible for a suit to be brought in the appropriate venue though it must be dismissed for lack of jurisdiction. The most important difference between venue and jurisdiction is that a party may consent to be sued in a district that otherwise would be an improper venue, and it waives its objection to venue if it fails to assert it promptly. This is in striking contrast to subject-matter jurisdiction, which cannot be conferred by the parties, if it has not been granted by Congress, whether by consent, waiver, or estoppel.” Charles Alan Wright, The Law of Federal Courts § 42, at 257 (5th ed. 1994). venue, change of. See change of venue. venue facts. (1936) Facts that need to be pleaded or established in a hearing to determine whether venue is proper in a given court. [Cases: Federal Courts O-96; Venue C^> 68.] venville (ven-vil), n. Hist. A tenure peculiar to the area of Dartmoor forest in Devonshire, whereby tenants have certain rights in the forest. veracious (va-ray-shas), adj. (17c) Truthful; accurate. — Also termed veridical. veracity (va-ras-at-ee), n. (17c) 1. Truthfulness <the witness’s fraud conviction supports the defense’s challenge to his veracityx 2. Accuracy <you called into question the veracity of Murphy’s affidavits — veracious (va-ray-shas), adj. veray (va-ray), adj. [Law French] Hist. True. • This word is an older form of the French vrai. verba (var-ba). [Latin] n. pi. Words — esp. oral as opposed to written words. verba concepta. 1. See formula (i). 2. See formulae. verba jactantia (vor-ba jak-tan-shee-a). [Law Latin] Hist. Boastful words. • These words — esp. in a marriage declaration — are not usu. binding. See jactitation OF MARRIAGE. verbal, adj. (15c) 1. Of, relating to, or expressed in words. 2. Loosely, of, relating to, or expressed in spoken words. verbal, n. English law. Slang. A statement, usu. oral and often incriminating, allegedly made by a criminal defendant and offered as evidence against the defendant at trial. • The term often implies that a police officer inaccurately recorded or invented a defendant’s statement <the defense counsel challenged the verbals presented by the police>. verbal, vb. English law. Slang. To improperly pressure a person to make a statement, esp. one that is damaging or false <the defendant recanted and claimed that he had been verbaled>. verbal abuse. See abuse. verbal act. See act (2). verbal-act doctrine. (1901) The rule that utterances accompanying conduct that might have legal effect are admissible when the conduct is material to the issue and is equivocal in nature, and when the words help give the conduct its legal significance. [Cases: Criminal Law 3- 419(2.10); Evidence3-267.] verbal contract. See parol contract (1) under contract. verbal note. Diplomacy. An unsigned memorandum informally reminding an official of a pending request, an unanswered question, or the like, vertical stare decisis. See stare decisis. verbal will. See nuncupative will under will. verbaprecaria (var-ba pri-kair-ee-a). [Latin] Civil law. 1. Precatory words. 2. Words of trust; words of request used in creating a trust. verba solennia (var-ba sa-len-ee-a). [Latin] Hist. Solemn words; formal words. — Also termed verba solemnia (sa-lem-nee-a). verbatim (var-bay-tam), adj. & adv. [fr. Latin verbum “word”] Word for word. • Courts have repeatedly held that, in the context of the requirement that a trial record must be “verbatim,” absolute word-for-word accuracy is not necessary — and insubstantial omissions do not make a transcript “nonverbatim.” [Cases: Military Justice 1354,1356.] verbatim ac litteratim (var-bay-tim ak lit-a-ray-tim), adv. (var-bay-tim ak li-tar-ay-tim). [Latin] Word for word and letter for letter. — Also spelled verbatim ac literatim-, verbatim et literatim. — Also termed verbatim et litteratim. verbi gratia (var-bi gray-shee-a). [Latin “for example”] Words for the sake of example. — Abbr. V.G. verbruikleening(ver-bruuk-layn-ing), n. Roman Dutch law. A loan for use; commodatum. verderer (var-dar-ar), n. [fr. French verdier “caretaker of green things”] Hist. A judicial officer who, being in charge of the king’s forest, is sworn to preserve the vert (foliage) and venison, to keep the assizes, and to view, receive, and enroll attachments and presentments on matters involving trespass. — Also spelled verderor. “In all the forests there were a varying number of officers (usually four) elected in the county court, and styled Ver-derers. Manwood says that they should be ‘gentlemen of good account, ability, and living, and well learned in the laws of the forest.’ Their chief duty was to attend the forest courts; they served gratuitously; and they were immediately responsible to the crown. Possibly they were regarded as a check upon the Warden, as the coroner was upon the sheriff.” 1 William Holdsworth, A History of English Law96 (7th ed. 1956). verdict. (15c) 1. A jury’s finding or decision on the factual issues of a case. [Cases: Criminal Law 3 870-894; Federal Civil Procedure O>2191; Trial 3 318.] 2. Loosely, in a nonjury trial, a judge’s resolution of the issues of a case. [Cases: Federal Civil Procedure 02251; Trial 0387.] chance verdict. (1820) A now-illegal verdict, arrived at by hazard or lot. — Also termed gambling verdict; verdict by lot. [Cases: Criminal Law O>798(2), 866; Federal Civil Procedure 1974.1; Trial O>315.] compromise verdict. (1851) A verdict reached when jurors, to avoid a deadlock, concede some issues so that other issues will be resolved as they want. [Cases: Criminal Law 3 866; Federal Civil Procedure 3~ 1974.1; Trial 0315.] defective verdict. (18c) A verdict on which a judgment cannot be based because of irregularities or legal inadequacies. directed verdict. (1912) A ruling by a trial judge taking a case from the jury because the evidence will permit only one reasonable verdict. — Also termed instructed verdict. [Cases: Criminal Law 3- 753; Federal Civil Procedure <32117; Trial 3 167] excessive verdict. (1817) A verdict resulting from the jury’s passion or prejudice and thereby shocks the court’s conscience. [Cases: Damages 3-127.9; Federal Civil Procedure 3-2194.1, 2345; New Trial 077(2).] false verdict. Archaic. A verdict so contrary to the evidence and so unjust that the judge may set it aside. gambling verdict. See chance verdict. general verdict. (17c) A verdict by which the jury finds in favor of one party or the other, as opposed to resolving specific fact questions. Cf. special verdict. [Cases: Criminal Law O>881; Federal Civil Procedure O> 2191; Trial 0318.] general verdict subject to a special case. Archaic. A court’s verdict rendered without regard to the jury’s general verdict, given when a party does not want to put the legal question on the record but merely wants the court to decide on the basis of a written statement ofall the facts in the case, prepared for the opinion of the court by counsel on either side, according to the pri nciples of a special verdict, whereupon the court decides the special case submitted and gives judgment accordingly. general verdict with interrogatories. (1878) A general verdict accompanied by answers to written interrogatories on one or more issues of fact that bear on the verdict. [Cases: Federal Civil Procedure C2211; Trial <0348.] guilty verdict. (18c) A jury’s finding that a defendant is guilty of the offense charged. instructed verdict. See directed verdict. joint verdict. (1825) A verdict covering two or more parties to a lawsuit. legally inconsistent verdict. (1975) A verdict in which the same element is found to exist and not to exist, as when a defendant is acquitted of one offense and convicted of another, even though the offenses arise from the same set of facts and an element of the second offense requires proof that the first offense has been committed. — Also termed legal inconsistency. Cf. repugnant verdict. [Cases: Criminal LawO>878(4); Federal Civil Procedure 1 '2237; Trial O\358.] majority verdict. A verdict agreed to by all but one or two jury members. • In some jurisdictions, a civil verdict supported by 10 of 12 jurors is acceptable. [Cases: Federal Civil Procedure 0 2191; Trial C—■ 321.5.] open verdict. A verdict of a coroner’s jury finding that the subject “came to his death by means to the jury unknown” or “came to his death at the hands of a person or persons to the jury unknown.” • This verdict leaves open either the question whether any crime was committed or the identity of the criminal. partial verdict. (1829) A verdict by which a jury finds a criminal defendant not guilty of some charges and guilty of other charges. perverse verdict. (1870) A jury verdict so contrary to the evidence that it justifies the granting of a new trial. [Cases: Federal Civil Procedure O>2338; New Trial 068.1.] privy verdict (priv-ee). Hist. A verdict given after the judge has left or adjourned the court, and the jury, having agreed, obtains leave to give its verdict privately to the judge out of court so that the jurors can be delivered from their confinement. • Such a verdict was of no force unless afterwards affirmed in open court. This practice has been superseded by that of rendering a sealed verdict. See sealed verdict. public verdict. (17c) A verdict delivered by the jury in open court. quotient verdict. (1867) An improper damage verdict that a jury arrives at by totaling what each juror would award and dividing by the number of jurors. [Cases; Federal Civil Procedure -J 1974.1: Trial <0315,] repugnant verdict. (1883) A verdict that contradicts itself in that the defendant is convicted and acquitted of different crimes having identical elements. • Sometimes the inconsistency occurs in a single verdict (repugnant verdict), and sometimes it occurs in two separate verdicts (repugnant verdicts). Both terms are used mainly in New York. Cf. legally inconsistent verdict. [Cases: Criminal Law 0-878(4).] responsive verdict. Civil law. A verdict that properly answers the indictment with specific findings prescribed by statute, the possible findings being guilty, not guilty, and guilty of a lesser included offense. sealed verdict. (18c) A written verdict put into a sealed envelope when the jurors have agreed on their decision but court is not in session or the jury is continuing to deliberate other counts. • Upon delivering a sealed verdict, the jurors may separate. When court convenes again, this verdict is officia lly returned with the same effect as if the jury had returned it in open court before separating. [Cases: Trial 0^324.] special verdict. (17c) A verdict in which the jury makes findings only on factual issues submitted to them by the judge, who then decides the legal effect of the verdict. See Fed. R. Civ. P. 49. Cf. general verdict. [Cases: Criminal Law 0= 870; Federal Civil Procedure 00231; Trial 0^347.] split verdict. (1886) 1. A verdict in which one party prevails on some claims, while the other party prevails on others. 2. Criminal law. A verdict finding a defendant guilty on one charge but not guilty on another. [Cases: Criminal Law 0— 878,] 3. Criminal law. A verdict of guilty for one defendant and of not guilty for a codefendant. [Cases: Criminal Law <0877.] true verdict. (16c) A verdict that is reached voluntarily — even if one or more jurors freely compromise their views — and not as a result of an arbitrary rule or order, whether imposed by the jurors themselves, the court, or a court officer, [Cases: Trial CO 314,315.] verdict by lot. See chance verdict. verdict contrary to law. (18c) A verdict that the law does not authorize a jury to render because the conclusion drawn is not justified by the evidence. — Also termed wrong verdict. CL jury nullification. [Cases: Federal Civil Procedure CO 2338; New Trial 066.] verdict subject to opinion of court. (1820) A verdict that is subject to the court’s determination of a legal issue reserved to the court upon the trial, so that judgment is ultimately entered depending on the court’s ruling on a point of law. [Cases: Judgment C -199(4).] wrong verdict. See verdict contrary to law. veredicto. See non obstante veredicto. veredictum 1693 veredictum (ver-a-dik-tam), n. Hist. A verdict; a declaration of the truth of a matter in issue, submitted to a jury for trial. verge (varj), n. Hist. 1. The area within 12 miles of the place where the king held his court and within which the king’s peace was enforced. • This area was commonly referred to as being in the verge. The verge got its name from the staff (called a “verge”) that the marshal bore. 2. The compass of the royal court, within which the lord steward and marshal of the king’s household had special jurisdiction. — Also termed (i n senses 1 & 2) Court of Verge, 3, Tire neighborhood of Whitehall, the section of London in which British government offices have traditionally been located. 4. An uncertain quantity of land from 15 to 30 acres. 5. A stick or rod by which a person, after holding the stick and swearing fealty, is admitted as a tenant to a copyhold estate. — Also spelled virge. For tenant by the verge, see copyholder. vergens ad inopiam (var-jenz ad in-oh-pee-am), adj. [Latin “verging on poverty”] Civil law. Tending to become insolvent. “When a debtor is clearly vergens ad inapiam, a creditor may legally resort to certain measures, for the purpose of protecting his interests, which would not otherwise be competent to him. Thus if the debtor be bound under a bill, the creditor may, in consideration of his debtor’s circumstances, obtain a precept of arrestment on the bill before it becomes due, on which he may arrest any funds due to his debtor. As this proceeding is only allowed, however, as a protective measure ... he cannot. .. render the arrested funds available to himself until the bill falls due .... The fact of the debtor’s being vergens ad inopiam will be inferred from different circumstances in different cases, and the proof of that fact will also, necessarily, be varied." John Trayner, Trayner's Latin Maxims 627 (4th ed. 1894). verger, n. One who carries a verge (a rod) as an emblem of office; esp., an attendant on a bishop or justice. veridical (va-rid-a-kal). See veracious. verification, n. (16c) 1. A formal declaration made in the presence of an authorized officer, such as a notary public, or (in some jurisdictions) under oath but not in the presence of such an officer, whereby one swears to the truth of the statements in the document. • Traditionally, a verification is used as a conclusion for all pleadings that are required to be sworn. Cf. acknowledgment (4). — Also termed affidavit of verification. [Cases: Acknowledgment 0^-8; Federal Civil Procedure -. 662; Pleading C=>289-304.] 2. An oath or affirmation that an authorized officer administers to an affiant or deponent. 3. Loosely, acknowledgment (5). 4. See certified copy under copy. 5. certificate of authority (1). 6. Any act of notarizing. Cf. jurat (i). — verify, vb. — verifier, n. verified copy. See certified copy under copy. verified non est factum. See non est factum. verify, vb. 1. To prove to be true; to confirm or establish the truth or truthfulness of; to authenticate. 2. To confirm or substantiate by oath or affidavit; to swear to the truth of. verily, adv. Archaic. Truly; in fact; certainly. veritas (ver-i-tas or -tahs), n. [Latin] 1. Truth. 2. (cap.) An international institution of maritime underwriters for the survey and rating of vessels. • Founded in Belgium in 1828, it moved to Paris in 1832 and has long been represented all over the world. — Also termed Bureau Veritas. veritas convicii (ver-i-tas kan-vish-ee-i). [Law Latin] Hist. The truth of the accusation. • The phrase appeared in reference to a defense in a defamation action. verity (ver-a-tee). (14c) Truth; truthfulness; conformity to fact. vermenging (var-meng-ing), n. [Dutch “mingling”] The extinction of a debt when the debtor’s and the creditor’s interests merge, as in a corporate merger. verna (var-na). Hist. A slave born in the slaveholder’s house. versans in illicito (var-sanz in i lis-i-toh). [Latin] Hist. Engaged in some unlawful occupation. versarl (var-sair-i), vb. [Latin] 1. To be employed. 2. To be conversant, versari in re illicita (var-sair-i in ree i-lis-a-ta). [Latin] To be engaged in an unlawful activity (as a bar to a claim for damages). versus, prep. (15c) Against. — Abbr. v.; vs. vert (vart). Hist. 1. Anything that grows and bears green leaves within a forest. 2. A power, given by royal grant, to cut green wood in a forest. vertical competition. See competition. vertical equality. In per capita distribution of an estate, parity of d istribution among children’s families. See per capita, Cf. horizontal equality. vertical integration. See integration (5). vertical merger. See merger. vertical nonprivity. See nonprivity. vertical price-fixing. See price-fixing. vertical privity. See privity. vertical restraint. See restraint of trade. vertical stare decisis. See stare decisis. vertical trust. Antitrust. A combination that gathers together under a single ownership a number of businesses or plants engaged in successive stages of production or marketing. [Cases: Antitrust and Trade Regulation 629.] vertical union. See industrial union under union. verus (veer-as), adj. [Latin] True; truthful; genuine; actual. very heavy work. See work (1). VESA. abbr. video electronics standards association. vessel. A ship, brig, sloop, or other craft used — or capable of being used — to navigate on water. • To qualify as a vessel under the Jones Act, the structure’s purpose must to some reasonable degree be to transport passengers, cargo, or equipment from place to place across navigable waters. [Cases: Shipping C^l.] “Despite the important role a ‘vessel' plays in maritime law, there is no settled definition of the term. Congress has defined a vessel as including ‘every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.' I U.S.C.A. § 3. The Supreme Court has defined vessels as ‘all navigable structures intended for transportation,' Cope v. Vallette Dry-Dock Co., 119 U.S. 625 (1887)." Frank L. Maraist, Admiralty in a Nutshell 14 (3d ed. 1996). “The term vessel is defined in 1 U.S.C. § 3 as follows: ‘The word “vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.' This definition has not been very influential in admiralty and maritime cases. Litigants contending for vessel status often invoke its remarkable breadth. Those opposing vessel status typically respond, 'But the present context indicates otherwise.' When courts mention the definition favorably, it usually seems to be a makeweight argument." David W. Robertson, Steven F. Friedell & Michael F. Sturley, Admiralty and Maritime Law in the United States 59 (2001). foreign vessel. A vessel owned by residents of, or sailing under the flag of, a foreign nation. [Cases: Shipping 02.] Jones Act vessel. A vessel whose crew members can qualify as seamen under the Jones Act; esp., a craft designed or used for transporting cargo or people on navigable waters, or that was being used for navigation at the time of a worker’s injury. See jones act. [Cases: Shipping l.j public vessel. A vessel owned and used by a nation or government for its public service, whether in its navy, its revenue service, or otherwise. See public vessels act. [Cases: United States C' 125(11).| seagoing vessel. A vessel that — considering its design, function, purpose, and capabilities — is normally expected both to carry passengers for hire and to engage in substantial operations beyond the boundary ' line (set by the Coast Guard) dividing inland waters from the high seas. • Typically excluded from the definition are pleasure yachts, tugs and towboats, fishing boats, and other vessels that do not carry passengers for hire. [Cases: Shipping 204.] seaworthy vessel. A vessel that can withstand the ordinary stress of the wind, waves, and other weather that seagoing vessels might ordinarily be expected to encounter, • In some legal contexts, the question whether a vessel is seaworthy includes the question whether it is fit to carry an intended cargo properly. Under federal maritime laws a vessel’s owner has the duty to provide a crew with a seaworthy vessel. See seaworthy. [Cases: Seamen C=>9; Shipping O™ 42, 121, 207.] vest, vb. (15c) 1. To confer ownership (of property) upon a person. 2. To invest (a person) with the full title to property. 3. To give (a person) an immediate, fixed right of present or future enjoyment. 4. Hist. To put (a person) into possession of land by the ceremony of investiture. — vesting, n. vested, adj, (18c) Having become a completed, consummated right for present or future enjoyment; not contingent; unconditional; absolute <a vested interest in the estate>. [Cases: Estates in Property •[ I. “[UJnfortunately, the word 'vested' is used In two senses. Firstly, an interest may be vested in possession, when there is a right to present enjoyment, e.g. when I own and occupy Blackacre. But an interest may be vested, even where it does not carry a right to immediate possession, if it does confer a fixed right of taking possession in the future," George Whitecross Paton, A Textbook of Jurisprudence 305 (G.W. Paton & David P. Derham eds., 4th ed. 1972). “A future interest is vested if it meets two requirements: first, that there be no condition precedent to the interest's becoming a present estate other than the natural expiration of those estates that are prior to it in possession; and second, that it be theoretically possible to identify who would get the right to possession if the interest should become a present estate at any time." Thomas F. Bergin & Paul G, Haskell, Preface to estates in Land and Future Interests 66-67 (2d ed. 1984). vested in interest. (18c) Consummated in a way that will result in future possession and use. • Reversions, vested remainders, and any other future use or executory devise that does not depend on an uncertain period or event are all said to be vested in interest. [Cases: Wills 0628-638.] vested in possession. (18c) Consu mmated in a way that has resulted in present enjoyment. vested estate. See estate (i). vested gift. See gift, vested interest. See interest (2). vested legacy. See legacy. vested ownership. See ownership. vested pension. See pension. vested remainder. See remainder. vested right. See right. vested-rights doctrine. Constitutional law. The rule that the legislature cannot take away a right that has been vested by a court’s judgment; specif., the principle that it is beyond the province of Congress to reopen a final judgment issued by an Article III court. — Also termed doctrine of vested rights. [Cases: Constitutional Law ‘O’ 2384, 2630-2655,] vestigial words (ve-stij-ee-al). Statutory words and phrases that, through a succession of amendments, have been made useless or meaningless. • Courts do not allow vestigial words to defeat the fair meaning of a statute, vestigium (ve-stij-ee-am). Archaic. A vestige, mark, or sign; a trace, track, or impression left by a person or a physical object. vesting order. (1873) A court order passing legal title in lieu of a legal conveyance. vestita manus (ves-ti-ta may-nas), n. [Latin “vested hand”J Hist, the right hand used in the ceremony of investiture. vestita viro (ves-ti-ta vi-roh). [Law Latin] Hist. Clothed with a husband. “A married woman is said to be vestita viro, and so long as this coverture exists her person cannot be attached on civil diligence, unless that diligence proceeds upon a decree ad factum praestandum, for the performance of some act which she is bound to perform, and which cannot be validly performed except by herself, ex. gr., to enter the heir of her vassal, to produce or exhibit as a haver writings in her own custody, &c."John Trayner, Trayner’s Latin Maxims 628 (4th ed. 1894). vestitive fact (ves-ta-tiv). See dispositive fact (1) under FACT. vestitus et mutidus muliebris (ves-ti-tas et man-das myoo-lee-ee-bris). [Latin] Hist. A woman’s wearing of apparel and ornaments. vestry (ves-tree). Eccles, law. 1. The place in a church where the priest’s robes are kept. — Also termed sacristy. 2. An assembly of the minister, church wardens, and parishioners to conduct church business. vestry clerk. Eccles, law. An officer appointed to attend a vestry and to take minutes of the proceedings. vesture (ves-char). Hist. 1. The corn, grass, underwood, stubble, or other growth — apart from trees — that covers the land. — Also termed vestura (ves-t[y]oor-a); vestura terrae (ter-ee); vesture of land. 2. Seisin; investiture. veteran. A person who has been honorably discharged from military service. Veterans Administration. See department of veterans AFFAIRS. Veterans Affairs, Department of. See department of VETERANS AFFAIRS. Veterans Appeals, U.S. Court of. See united states COURT OF APPEALS FOR VETERANS CLAIMS. Veterans Benefits Administration. A unit in the U.S. Department of Veterans Affairs responsible for advising and assisting veterans and their families who apply for veterans’ benefits. [Cases: Armed Services <C^>102.] Veterans’ Employment and Training Service. A unit in the U.S. Department of Labor responsible for administering various programs relating to veterans’ employment and training. • The agency protects the reemployment rights of veterans and the employment and retention rights of members of the Reserve and National Guard. Its regional administrators work with state employment-security agencies and with recipients of grants under the Job Training Partnership Act to ensure that veterans are provided the priority services required by law. — Abbr. VETS. Veterans Health Administration. A unit in the U.S. Department of Veterans Affairs responsible for providing hospital, nursing-home, and medical care to eligible veterans of military service. [Cases: Armed Services'’, 102.] veteran’s loan. See loan. vetera statuta (vet-a-ra sta-t[y]oo-ta), n. pi. [Law Latin “ancient statutes”] The statutes from Magna Carta (1215) to the end of Edward H’s reign (1327). — Also termed antiqua statuta (an-ti-kwa sta-t[y]oo-ta). Cf. NOVA STATUTA. vetitive (vet-a-tiv), adj. Of, relating to, or having the power to veto. vetitum namium (vet-a-tam nay-mee-am), n. [Law Latin “a prohibited taking”] Hist. See namium vetitum. veto (vee-toh), n. [Latin “I forbid”] (17c) 1. A power of one governmental branch to prohibit an action by another branch; esp., a chief executive’s refusal to sign into law a bill passed by the legislature. [Cases: Statutes C=>25.] 2. veto message. Pl. vetoes. — veto, vb. absolute veto. (1852) An unrestricted veto that is not subject to being overridden. item veto. See line-item veto. legislative veto. (1850) Hist. A veto allowing Congress to block a federal executive or agency action taken under congressionally delegated authority. • The Supreme Court held the legislative veto unconstitutional in INS v. Chadha, 462 U.S. 919, 103 S.Ct. 2764 (1983). See delegation doctrine. liberum veto (lib-ar-am). Hist. Formerly in Poland, the right of any single member of the diet to invalidate a measure. limited veto. See qualified veto. line-item veto. (1858) The executive’s power to veto some provisions in a legislative bill without affecting other provisions. • The U.S. Supreme Court declared the presidential line-item veto unconstitutional in 1998. See Clinton v. City of New York, 524 U.S. 417,118 S.Ct. 2091 (1998). — Also termed item veto. [Cases: Statutes C ■ 33.] negative veto. See qualified veto. overridden veto. (1971) A veto that the legislature has superseded by again passing the vetoed act, usu. by a supermajority of legislators. • In the federal government, a bill vetoed by the President must receive a two-thirds majority in Congress to override the veto and enact the measure into law. [Cases: Statutes <C=> 35.] pocket veto. (1842) A veto resulting from the President’s failure to sign a bill passed within the last ten days of the congressional session. [Cases: Statutes <C=^>34.] qualified veto. (1853) A veto that is conclusive unless overridden by an extraordinary majority of the legislature. • This is the type of veto power that the President of the United States has. — Also termed limited veto; negative veto. suspensory veto (sa-spen-sa-ree). (1911) A veto that suspends a law until the legislature reconsiders it and then allows the law to take effect if repassed by an ordinary majority. — Also termed suspensive veto. vetoer, n. One who vetoes. — Also termed vetoist. veto message. (1830) A statement communicating the reasons for the executive’s refusing to sign into law a bill passed by the legislature. — Sometimes shortened to veto, veto power. (1883) An executive’s conditional power to prevent a bill that has passed the legislature from becoming law. veto-proof majority. See majority. VETS. abbr. veterans’ employment and training SERVICE. vetusjus (vee-tas jas). Roman &civil law. 1.The law of the Twelve Tables. See twelve tables. 2. Long-established or ancient law. 3. A law in force before the passage of a later law. vex, vb. (15c) 1. To harass, disquiet, or annoy. 2. To cause physical or emotional distress. — vexatious, adj. — vexation, n. vexari (vek-sair-i), vb. [Latin] To be harassed, vexed, or annoyed. vexata quaestio (vek-say-ta kwes-chee-oh). See vexed QUESTION. vexation. (15c) The damage that results from trickery or malice. vexatious (vek-say-shas), adj. (16c) (Of conduct) without reasonable or probable cause or excuse; harassing; annoying. vexatious delay. An insurance company’s unjustifiable refusal to satisfy an insurance claim, esp. based on a mere suspicion but no hard facts that the claim is ill-founded. — Also termed vexatious refusal to pay, refusal to pay. [Cases: Insurance - . 3336. vexatious lawsuit. See vexatious suit. vexatious litigant. See litigant. vexatious proceeding. See vexatious suit. vexatious refusal to pay. See vexatious delay. vexatious suit. (17c) A lawsuit instituted maliciously and without good grounds, meant to create trouble and expense for the party being sued. — Also termed vexatious lawsuit; vexatious litigation; vexatious proceeding. Cf. malicious prosecution. [Cases: Action 09; Federal Civil Procedure 0^2737.3.] vexed question. (17c) 1. A question often argued about but seemingly never settled. 2. A question or point that has been decided differently by different tribunals and has therefore been left in doubt. — Also termed vexata quaestio (vek-say-ta kwes-tee-oh). v.g. abbr. verbi gratia. via (vi-a), n. [Latin “way, road”] Roman & civil law. 1. A road, way, or right-of-way, viapublica (vi-a pab-li-ka). [Latin] Roman & civil law. A public way or road. • The land itself belongs to the public. 2. Roman law. A type of rural servitude that gave the holder the right to walk, ride, or drive over another’s land; servitus viae. • It was broader than and included the servitus itineris and the servitus actus; that is, via encompassed both iter (a footpath) and actus (a driveway). 3. Civil law. The way in which legal procedures are followed. via executiva (vi-a eg-zek-ya-tl-va). Civil law. Executory process by which the debtor’s property is seized, without previous citation, for some reason specified by law, usu. because of an act or title amounting to a confession of judgment. via juris (vi-a joor-is). [Latin] Hist. By means of law; by means of legal process. via ordinaria (vi a or-di-nair-ee-a). Civil law. The ordinary way or process by which a citation is served and all the usual forms of law are followed. via actionis (vi-a ak-shee-oh-nis), [Latin] Hist. By way of an action. viable (vi-a-bal), adj. (1832) 1. Capable of living, esp. outside the womb <a viable fetus>. 2. Capable of independent existence or standing <a viable lawsuit>. 3. Capable of succeeding <a viable option>. — viability (vi-a-bil-a-tee), n. viae servitus (vi-ee sar-va-tas). 1. See servitus viae. 2. See via (2). via executiva. See via (3). viafacti (vi-a fak-ti), adv. [Law Latin “by way of deed”] By force; in a forcible way. viagere rente. See rente viagere. via juris. See via (3). via ordinaria. See via (3). via publica. See via (1). via regia (vi-a ree-jee-a). [Latin “the king’s highway”] Hist. The highway or common road — called the “king’s highway” because the king authorized and protected it. viatical settlement. See settlement (3). viatication (vi-at-a-kay-shan). [fr. Latin viaticus “relating to a road or journey”] The purchase of a terminally or chronically ill policyholder’s life insurance in exchange for a lump-sum payment equal to a percentage of the policy’s full value. See viatical settlement under settlement. viator (vi-ay-tar). 1. apparitor (1). 2. A terminally or chronically ill life-insurance policyholder who sells the policy to a third party in return for a lump-sum payment equal to a percentage of the policy’s face value, [Cases: Insurance [1991.: viatorial privilege. See privilege (1). vi autclam (vi awtklam), adv. [Latin] Roman law. By force or by stealth. vi aut metu (vi awt mee-t[y]oo), adv. [Latin] Hist. By force or fear. vicar. 1. One who performs the functions of another; a substitute. 2. The incumbent of an ecclesiastical benefice. Cf. rector. vicarage (vik-ar-ij). 1. The benefice of a vicar. 2. The house or household of a vicar. 3. vicarship. vicar general. An ecclesiastical officer who helps the bishop or archbishop in the discharge of his office. vicarial tithe (vi-kair-ee-al). See tithe. vicarious (vi-kair-ee-as), adj. (17c) Performed or suffered by one person as substitute for another; indirect; surrogate. vicarious disqualification. See disqualification. vicarious exhaustion of remedies. See exhaustion of REMEDIES. vicarious infringement. See infringement. vicarious liability. See liability. vicarious performance. See performance. vicarious reduction to practice. See reduction to PRACTICE. vicarius apostolicus (vi-kair-ee-as ap-as-tahl-a-kas), n. [Latin “apostolic vicar”] Eccles, law. An officer through whom the Pope exercises authority in remote regions. • This officer is sometimes sent with episcopal functions into provinces where there is no bishop resident or where there has long been a vacancy in the see. vicarship. The office, function, or duty of a vicar. — Also termed vicarage. vice (vis), n. (14c) 1. A moral failing; an ethical fault. 2. Wickedness; corruption. 3. Broadly, any defect or failing. vice (vi-see or ■vi-sa), prep. (18c) In the place of; in the stead of. • As a prefix, vice- (vis) denotes one who takes the place of. vice-admiral. Hist. A civil officer exercising admiralty jurisdiction within a specific locale. vice-admiralty. 1. The office of a vice-admiral. 2. The district over which a vice-admiral has jurisdiction. vice-admiralty court. Hist. A tribunal established in British possessions beyond the seas, with jurisdiction over maritime cases, including those related to prize. • The governor of the colony, in the capacity of “viceadmiral,” exercised judicial authority in this court. vice-chamberlain. Hist. A great officer under the lord chamberlain. • In the lord chamberlain’s absence, the vice-chamberlain would control and command the officers attached to the part of the royal household called the “chamber.” vice-chancellor. A judge appointed to act for the chancellor, esp. in a chancery court. — Abbr. VC. vice-comes (vi-sa-koh-meez), n. [Law Latin] Hist. 1. viscount. 2. sheriff. — Also spelled vicecomes. vicecomes non misit breve. Hist. An entry in a continued case’s record noting that a sheriff has not yet returned a writ. — Also written vice comes non misit breve; vicecomes non misit breve. vicecomital (vi-sa-kom-a-tal). See vicontiel. vice-comitissa (vi-sa-kom-a-tis-a). See viscountess. vice-commercial agent. See agent. vice-consul. A consular officer subordinate to a consul; esp., one who is substituted temporarily to fill the place of a consul who is absent or has been relieved from duty. [Cases: Ambassadors and Consuls C- - 1-8.] career vice-consul. A vice-consul who is a member of the Foreign Service. — Also termed vice-consul of career. noncareer vice-consul. A vice-consul who is not a member of the Foreign Service and who is appointed without examination. vice crime. See crime. vice-dominus episcopi (vi-sa-dom-a-nas a-pis-ka-pi). 1. A vicar general. 2. A commissary of a bishop, vicegerent (vis-jeer-ant). A deputy; lieutenant, vice-governor, n. A deputy or lieutenant governor, vice-judex (vis-joo-deks). Hist. A deputy judge, vice-marshal. An officer appointed to assist the earl marshal. See earl marshal of England. vicem fructuum obtinere (vi-sem frak-choo-am ob-ti- nee-ree). [Latin] Hist. To take the place of fruits. • The phrase typically referred to interest as the produce of money. vice president, n. (16c) 1. An officer selected in advance to fill the presidency if the president dies, resigns, is removed from office, or cannot or will not serve. • The Vice President of the United States, who is elected at the same time as the President, serves as presiding officer of the Senate but may cast a vote only to break a tie. On the death, incapacity, resignation, or removal of the President, the Vice President succeeds to the presidency. 2. A corporate officer of mid-level to high rank, usu. having charge of a department. — Abbr. V.P.; VP. — Also written vice-president. [Cases: United States C- 26.] — vice presidency, n. — vice-presidential, adj. vice principal. See fellow-servant rule. viceregent, n. 1. A deputy regent; esp., one who acts in the place of a ruler, governor, or sovereign. 2. More broadly, an officer deputed by a superior or by proper authority to exercise the powers of the higher authority; one with delegated power. viceroy, n. The governor of a kingdom or colony, who rules as the deputy of a monarch. — viceroyal, viceregal, adj. vice-sheriff. See deputy sheriff under sheriff. vice-treasurer, n. A deputy or assistant treasurer, vicinage (vis-a-nij). [Law French “neighborhood”] (14c) 1. Vicinity; proximity. 2. The place where a crime is committed or a trial is held; the place from which jurors are to be drawn for trial; esp., the locale from which the accused is entitled to have jurors selected. — Also termed vicinetum (vis-a-nee-tam). [Cases: Criminal Law <0=? 108; Jury C - 33(3).] “Whereas venue refers to the locality in which charges will be brought and adjudicated, vicinage refers to the locality from which jurors will be drawn. . . . The vicinage concept requires that the jurors be selected from a geographical district that includes the locality of the commission of the crime, and it traditionally also mandates that such district not extend too far beyond the general vicinity of that locality,'1 Wayne R. LaFave & Jerold H, Israel, Criminal Procedure § 16,1, at 738-39 (2d ed. 1992), 3, A right of common that neighboring tenants have in a barony or fee. vicious animal. See animal. vicious intromission. See vitious intromission under INTROMISSION. vicious propensity. (1835) An animal’s tendency to endanger the safety of persons or property. See vicious animal under animal. [Cases: Animals O°66.2, 66.5(2).] vicontiel (vi-kon-tee-al), adj. (17c) 1, Of or relating to a viscount. 2. Of or relating to a sheriff. — Also spelled vicountiel. — Also termed vicecomital. vicontiel rent. Hist, Rent that a viscount or sheriff pays for the use of a royal farm. vicontiels (vi-kon-tee-slz). Hist. 1. Money payable by a viscount or sheriff to the Crown. 2. Vicontiel rents. vicontiel writ. See writ. victim, n. (15c) A person harmed by a crime, tort, or other wrong. — victimize, vb. — victimization, n. victim allocution. See allocution. victim-impact statement. (1981) A statement read into the record during sentencing to inform the judge or jury of the financial, physical, and psychological impact of the crime on the victim and the victim’s family. [Cases: Sentencing and Punishment Ct>361, 1763.] victimless crime. See crime. victim-precipitated homicide. See homicide. victim-related adjustment. An increase in punishment available under federal sentencing guidelines when the defendant knew or should have known that the victim bore a particular characteristic — e.g., the victim was unusually vulnerable (because of age or condition) — or was otherwise particularly susceptible to the criminal conduct. See USSG §§ 3A1.1, 1.2. [Cases: Sentencing and Punishment O7.754J Victims of Child Abuse Laws. An organization of persons who claim to have been wrongly accused of sexually abusing children. — Abbr. VOCAL. Cf. false MEMORY SYNDROME FOUNDATION. victualer (vit-al-ar). Hist. 1. A person authorized by law to keep a house of entertainment for the public; a publican. [Cases: Public Amusement and Entertainment Ct>I6.] 2. A person who serves food or drink prepared for consumption on the premises. — Also spelled victualler. [Cases: Food 070.5, 3.] victual rent (vit- [a] 1). Scots law, A rent paid in grain or its monetary equivalent. victus (vik-tas). Civil law. Sustenance; support; a means ofliving. vidarne (vee-dam). [French] Hist. In French feudal law, an officer who represented the bishop. • Over time, these officers erected their offices into fiefs and became feudal nobl es, such as the vidarne of Chartres, Rheims, etc. They continued to take their titles from the seat of the bishop whom they represented, even though the lands held by virtue of their fiefs might be situated elsewhere. vide (vi-dee also vee-day). [Latin] See. • This is a citation signal still seen in some texts, esp. in the abbreviated form q.v. (quod vide “which see”). Vide ante or vide supra refers to a previous passage in a text; videpost or vide infra refers to a later passage. videlicet (vi-del-3-set or -sit). [Latin] (15c) To wit; that is to say; namely; scilicet. • The term is used primarily to point out, particularize, or make more specific what has been previously stated in general (or occas. obscure) language. One common function is to state the time, place, or manner when that is the essence of the matter at issue. — Abbr, viz. See viz. Video Electronics Standards Association. A nonprofit organization that promotes and develops industry-wide standards for computers to ensure interoperability, and encourage innovation and market growth. — Abbr. VESA. video piracy. See piracy (3), Video Privacy Protection Act. A federal statute that bars video stores from disclosing to third parties the names of customers’ rentals. 18 USCA § 2710. vidimus (vid-a-mas), n. [Latin “we have seen”] 1. An inspection of documents, etc. 2. An abstract, syllabus, or summary. 3. An attested copy of a document. 4. INSPF.XIMUS. Vidiscivi etaudivi (vi-di si-vi et aw-di-vi). Hist. I saw, knew, and heard. • This was formerly an essential part of the notary’s docket attached to the end of an instrument of seisin, by which the notary claimed to have been personally present on the ground when seisin was given and thus to have known the facts to be true by having heard the words spoken and seen the acts done. vidua regis (vij-oo-a ree-iis), n. [Latin] 1. The widow of the king. 2. The widow of a tenant in capite. • In sense 2, she was so called because she was not allowed to marry a second time without the king’s permission. She obtained her dower from the king, who was her patron and defender. viduitatisprofessio (va-d[y]oo-a-tay-tis pra-fes[h]-ee-oh), n. [Latin] Hist A woman’s solemn act of professing that she will live as a single, chaste woman. viduity (vi-d[y]oo-a-tee). Archaic. Widowhood. vie (vee). [French] Life. • The term occurs in such Law French phrases as cestui que vie and pur autre vie, vi et armis (vi et ahr-mis). [Latin] Hist By or with force and arms. See trespass vi et armis under trespass. “The words ‘with force and arms,' anciently 'vi et armis,' were, by the common law, necessary in indictments for offences which amount to an actual disturbance of the peace, or consist, in any way, of acts of violence; but it seems to be the better opinion, that they were never necessary where the offence consisted of a cheat, or non-fea-zance, or a mere consequential injury.” I Joseph Chitty, A Practical Treatise on the Criminal Law 240 (2d ed. 1826), “vi et armis , , , was a necessary part of the allegation, in medieval pleading, that a trespass had been committed with force and therefore was a matter for the King’s Court because It involved a breach of the peace. In England, the term survived as a formal requirement of pleading until 1852.” Bryan A, Garner, A Dictionary of Modern Legal Usage 916 (2d ed, 1995). view, n. 1, The common-law right of prospect — that is, an outlook from the windows of one’s house. 2. An urban servitude that prohibits the obstruction of the outlook from a person’s house. [Cases: Adjoining Landowners C—10; Easements 11, 19, 45.] 3. A jury’s trip to inspect a place or thing relevant to the case it is considering; the act or proceeding by which a tribunal goes to observe an object that cannot be produced in court because it is immovable or inconvenient to remove, • The appropriate procedures are typically regulated by state statute. At common law, and today in many civil cases, the trial judge’s presence is not required. The common practice has been for the jury to be escorted by “showers” who are commissioned for this purpose. Parties and counsel are generally permitted to attend, although this is a matter typically within the trial judge’s discretion, Cf. view of an inquest. [Cases: Criminal Law C-'->651; Federal Civil Procedure 0^1968; Trial - T 28.J 4, Ina real action, a defendant’s observation of the thing at issue to ascertain its identity and other circumstances surrounding it. Cf. demand of VIEW. viewer. (15c) A person, usu. oneof several, appointed by a court to investigate certain matters or to examine a particular locality (such as the proposed site of a new road) and to report to the court, view of an inquest. (1837) A jury’s inspection of a place or property to which an inquiry or inquest refers. Cf. VIEW (3). view of frankpledge. Hist. The twice-yearly gathering and inspection of every freeman within the district who was more than 12 years old to determine whether each one had taken the oath of allegiance and had found nine freeman pledges for his peaceable demeanor. See FRANKPLEDGE. viewpoint discrimination. See discrimination. viewpoint-neutral. See neutral. vif-gage (veef-gayj or vif). [Law French] See vadium vivurn under vadium. vigil. Eccles, law. The day before any solemn feast, vigilance. (16c) Watchfulness; precaution; a proper degree of activity and promptness in pursuing one’s rights, in guarding them from infraction, and in discovering opportunities for enforcing one’s lawful claims and demands. vigilant, adj. (15c) Watchful and cautious; on the alert; attentive to discover and avoid danger. vigilante (vij-a-lan-tee). (1856) A person who seeks to avenge a crime by taking the law into his or her own hands. vigilantism (vij-a-lan-tiz-am). The act of a citizen who takes the law into his or her own hands by apprehending and punishing suspected criminals. viis et modis (vi-is et moh dis). [Latin] Eccles, law. By all ways and means. • In ecclesiastical courts, service of a decree or citation viis et modis is equivalent to substituted service in temporal courts. It requires posting of a notice where a person is likely to be found. This type of service is contrasted with personal service. vi laica amovenda. See de vi laica amovenda. vill (vil). Hist. 1. A part into which a hundred or wapen- take was divided. 2. A town or village. village. 1. Traditionally, a modest assemblage of houses and buildings for dwellings and businesses. 2. In some states, a municipal corporation with a smaller population than a city. — Also termed (in sense 2) town; borough. [Cases: Municipal Corporations 1.1.] villanis regis subtractis reducendis (vi-lay-nis ree-jis sab-trak-tis ree-d[y]oo-sen-dis), n. [Latin “for returning the king’s villeins who have been removed”] Hist. A writ that lay for the bringing back of the king’s bondmen who had been carried away by others out of his manors, where they belonged. villanum servitium (vi lay nam sar vish ee am), n. [Latin] Hist. See villeinage. villein (vil-an). Hist. A person entirely subject to a lord or attached to a manor, but free in relation to all others; a serf. • At the time of the Domesday Inquest (shortly after the Norman Conquest), about 40% of households were marked as belonging to villeins: they were the most numerous element in the English population. Cf. FREEMAN. villein in gross. A villein who was annexed to the person of the lord, and transferable by deed from one owner to another. villein regardant (ri-gahr-dant). A villein annexed to the manor of land. villeinage (vil-a-nij). Hist. 1. The holding of property through servitude to a feudal lord; a servile type of tenure in which a tenant was obliged to render base services to a lord. Cf. knight service; socage. 2. A villein’s status, condition, or service. — Also spelled villenage; villainage; villanage. — Also termed villein tenure. “The typical tenant in villeinage does not know in the evening what he will have to do in the morning. . . . [T] here is a large element of real uncertainty; the lord's will counts for much; when they go to bed on Sunday night they do not know what Monday’s work will be; it may be threshing, ditching, carrying; they cannot tell. This seems the point that is seized by law and that general opinion of which law is the exponent; any considerable uncertainty as to the amount or kind of the agricultural services makes the tenure unfree. The tenure is unfree, not because the tenant 'holds at the will of the lord,' in the sense of being removable at a moment’s notice, but because his services, though in many respects minutely defined by custom, cannot be altogether defined without frequent reference to the lord’s will," 1 Frederick Pollock 4 Frederic William Maitland, History of English Law Before the Time of Edward ,371 (2d ed. 1898), “At the lower level the services were not always defined. The duties of the peasant were chiefly agricultural. If they were unfixed, so that the lord might in theory demand all manner of work, the tenure was ‘unfree’ and was called villeinage." J.H, Baker, An Introduction to English Legal History 260 (3d ed. 1990). privileged villeinage. Villeinage in which the services to be performed were certain, though of a base and servile nature. pure villeinage. Villeinage in which the services were not certain, but the tenant was obliged to do whatever he was commanded whenever the command came. villein in gross. See villein. villein regardant. See villein. villein service. Hist. A base service that a villein performed, such as working on the lord’s land on certain days of the week (usu. two to four). • These services were not considered suitable to a man of free and honorable rank. — Also termed villein servitium. See week-work. villein socage (sok-ij). See socage. villenous judgment (vil-a-nas). Hist. A judgment that deprived a person of his libera lex, as a result of which he was discredited and disabled as a juror and witness, forfeited his goods and chattels and land, had his houses razed and trees uprooted, and went to prison. — Also spelled villainous judgment. vinagium (vi-nay-jee-am), A payment in kind of wine as rent for a vineyard. vinculacion (vin-koo-lah-syohn). Spanish law. A linking , or encumbering; esp„ an entail. vinculo (ving-kya-loh), n. [Latin “by bond”] Spanish law. 1, A tie or bond; esp., the bond of marriage. See divorce a vinculo matrimonii under divorce. 2. An entail. vinculum juris (ving-kya-lam joor-is). [Latin “a bond of the law”] Roman law. The tie that legally binds one person to another; legal bond; obligation. Cf. SOLUTIO OBLIG ATIONIS. vinculum personarum ab eodem stirpite descendentium (ving-kya-lam par-sa-nair-am ab ee-oh-dam sti-pa-tee dee-sen-den-shee-am), [Law Latin] Hist. The bond uniting persons descended from the same stock. vindex (vin-deks), n. [Latin] Civil law. One who guaranteed the appearance of a defendant in court on pain of being liable for the judgment debt. vindicare (vin-di-kair-ee), vb. [Latin “to claim or challenge”] Roman law & Hist. To demand as one’s own; to assert a right in or to (a thing); to assert or claim ownership of (a thing). vindicate, vb. (16c) 1. To clear (a person or thing) from suspicion, criticism, blame, or doubt <DNA tests vindicated the suspect>. 2. To assert, maintain, or affirm (one’s interest) by action <the claimants sought to vindicate their rights through a class-action suit>. 3. To defend (one’s interest) against interference or encroachment <the borrower vindicated its interest in court when the lender tried to foreclose>. 4. Roman & civil law. To assert a legal right to (a thing); to seek recovery of (a thing) by legal process <Antony Hon-oratus attempted to vindicate the sword he had lent his cousin>. — vindication, n. — vindicator, n. vindicatio (vin-di-kay-shee-oh), n. [Latin “claim”] Roman law. 1. An action by the owner to claim property. vindicatio servitutis (vin-di-kay-shee-oh sar-va-t[y] oo-tis). [Latin “claim of servitude”] Roman law. An action against the owner of land over which the plaintiff claims that a servitude exists. — Also termed actio conjessoria. 2. The claiming of a thing as one’s own; the assertion of a right in or title to a thing. Pl. vindicationes (vin-di -kay-shee- oh-neez), vindicatory part (vin-da-ka-tor-ee). (1881) The portion of a statute setting forth the penalty for committing a wrong or neglecting a duty. vindicta (vin-dik-ta), n. Roman law. 1, A rod or wand. 2, The assertion of freedom or ownership by symbolically touching the person or thing with a rod. See FESTUCA. vindictive damages. See punitive damages under damages. vindictive prosecution (vin-dik-tiv). See prosecution. viol (vyohl), n. [French] French law. Rape; indecent assault. violation, n. (15c) 1. An infraction or breach of the law; a transgression. See infraction. 2. The act of breaking or dishonoring the law; the contravention of a right or duty. 3. Rape; ravishment. 4. Under the Model Penal Code, a public-welfare offense. • In this sense, a violation is not a crime. See Model Penal Code § 1.04(5). — violate, vb. — violative (vi-a-lay-tiv), adj. — violator, n. violation warrant. See warrant (i). violence. (14c) The use of physical force, usu. accompanied by fury, vehemence, or outrage; esp., physical force unlawfully exercised with the intent to harm. • Some courts have held that violence in labor disputes is not limited to physical contact or injury, but may include picketing conducted with misleading signs, false statements, erroneous publicity, and veiled threats by words and acts. domestic violence. 1. Violence between members of a household, usu. spouses; an assault or other violent act committed by one member of a household against another. See battered-child syndrome; battered-woman syndrome. [Cases: Assault and Battery 0^48.] 2. The infliction of physical injury, or the creation of a reasonable fear that physical injury or harm will be inflicted, by a parent or a member or former member of a child’s household, against a child or against another member of the household. — Also termed domestic abuse; family violence. 3. Archaic. Insurrection or unlawful force fomented from within a country. Violence Against Women Act. A federal statute that established a federal civil-rights action for victims of gender-motivated violence, without the need for a criminal charge. 42 USCA § 13981. • In 2000, the Supreme Court invalidated the statute, holding that neither the Commerce Clause nor the Enforcement Clause of the 14th Amendment authorized Congress to enact the civil-reinedy provision of this Act. United States v. Morrison, 120 S.Ct. 1740 (2000). — Abbr. VAWA. [Cases: Civil Rights 01035.] violent, adj. (14c) 1. Of, relating to, or characterized by strong physical force <violent blows to the legs>. 2. Resulting from extreme or intense force <violent death>. 3. Vehemently or passionately threatening <violent words>. violent crime. See crime. violent death. See death. violent felony. See violent offense under offense (i). violent offense. See offense (i). violent profits. Scots law. Penal damages imposed against a tenant who refused to surrender rented property to the landlord. vir (veer), n. [Latin] 1. An adult male; a man. 2. A husband. • In the Latin phrases and maxims that once pervaded English law, vir generally means “husband,” as in the expression vir et uxor (husband and wife). See ET VIR. Cf. UXOR. vires (vi-reez), n. (18c) 1, Natural powers; forces. 2, Granted powers, esp. when limited. See ultra vires; intra vires. vir et uxor (veer et ak-sor). [Latin] Husband and wife, virga (var-gn). Hist. A rod or staff; esp., a rod as an ensign of office. virgata (var-gay-ts). 1. A quarter of an acre of land. See acre. 2. A quarter of a hide of land. See hide (i). virgata regia (var-gay-ta ree-jee-a). [Latin "king’s verge”] Hist. The bounds of the king’s household, within which the court of the steward had jurisdiction. virga terrae (var-ga ter-ee), n. [Latin “branch of land”] Hist. A variable measure of land ranging from 20 to 40 acres. — Also termed virgata terrae. See yardland. virge. See verge. viridario eligendo (vir-a-dair-ee-oh el-a-jen-doh). Hist. A writ for choice of a verderer in the forest. virile share. Civil law. An amount that an obligor owes jointly and severally with another. La. Civ. Code art. 1804. — Also termed virile portion. virtual adoption. See adoption by estoppel under ADOPTION. virtual child pornography. See pornography. virtual representation. See representation (3). virtual-representation doctrine. (1945) The principle that a judgment may bind a person who is not a party to the litigation if one of the parties is so closely aligned with the nonparty’s interests that the nonparty has been adequately represented by the party in court. • Under this doctrine, for instance, a judgment in a case naming only the husband as a party can be binding on his wife as well. See res judicata, [Cases: Judgment 0=677.] virtue ethics. Ethics. An ethical theory that focuses on the character of the actor rather than on the nature of the act or its consequences. • This approach received its first and perhaps its fullest expression in the works of Aristotle, esp. in his Ethics. Cf. consequentialism. virtute cujus (var-t[y]oo-tee k[y]oo-jas), adv. [Latin] Hist. By virtue whereof. • This phrase began the clause in a pleading that attempted to justify an entry onto land by alleging that it was by virtue of an order from one entitled that the entry took place. virtute officii (var-t[y]oo-tee a-fish-ee-i), adv. [Latin] Hist. By virtue of one’s office; by the authority invested in one as the incumbent of a particular office. • An officer acts virtute officii when carrying out some official authority as the incumbent of an office. vis (vis). [Latin “power”] (17c) 1. Any force, violence, or disturbance relating to a person or property. “Vis, as a legal term, was understood to denote the organizing and arming of tumultuous bodies of men for the purpose of obstructing the constituted authorities in the performance of their duty, and thus interrupting the ordinary administration of the laws. No such offence was recognised by the Criminal Code until the last century of the republic, when violent riots by hired mobs became so frequent, that M. Plautius Silvanus, Tribune of the Plebs, B.C. 89, [secured the passing of] the lex Plautia de Vi, in terms of which, those convicted of such practices were banished." William Ramsay, A Manual of Roman Antiquities 347 (Rodolfo Lanciani ed., 15th ed. 1894). 2. The force of law. • Thus vim habere (“to have force”) is to be legally valid. Pl. vires. visa (vee-za). An official indorsement made on a passport, showing that it has been examined and that the bearer is permitted to proceed; a recognition by the country in which a passport-holder wishes to travel that the holder’s passport is valid. • A visa is general ly required for the admission of aliens into the United States. 8 USCA §§ 1181, 1184. — Also termed (archaically) vise (vee-zay or vi-zay). [Cases: Aliens, Immigration, and Citizenship C— 170-207.] vis ablativa (vis ab-la-ti-va), n. [Latin “ablative force”] Civil law. Force exerted in taking something away from another. Pl. vires ablativae. vis absoluta (vis ab-sa-loo-ta). Physical compulsion. The difference is between compulsion of the will (vis compulsiva) which results in an act though not of free volition, and physical compulsion (vis absoluta) in which the unavoidable movement is no act at all," Rollin M. Perkins & Ronald N. Boyce, Criminal Law 1054-55 (3d ed, 1982). vis armata (vis ahr-may-ta). [Latin "armed force”] Hist. Force exerted by means of weapons. Cf. vis inf.rmis. — Also termed armata vis. vis aut metus qui cadit in constantem virum (vis awt mee-tas kwi kay-dit [or kad-it] in kan-stan-tam vi-ram), [Latin] Hist. A force or fear sufficient to overcome a man of firmness and resolution. vis-^-vis (veez-a-vee). [French "face to face”] (18c) In relation to; opposite to <the creditor established a preferred position vis-a-vis the other creditors^ Visby, laws of. See laws of visby. vis clandestina (vis klan-des-ti-na), n. [Latin “clandestine force”] Hist. Force furtively used, esp, at night. vis compulsiva (vis kom-pal-si-va), n. [Latin “compulsive force”] Hist. Force exerted to compel another to do something involuntarily; menacing force exerted by terror. viscount (vi-kownt). 1. The title of the fourth rank of European nobility. • In the British peerage, viscount is placed between the dignity of earl and baron. 2. Hist. A sheriff. viscountess (vi-kown-tis). 1. The wife of a viscount. — Also termed vice-comitissa. 2. A woman who holds the rank of viscount in her own right. vis divina (vis di-vi-na), n. Civil law. Divine or superhuman force; act of god; vis major. vise. See visa. vis expulsiva (vis eks-pal-si-va), n. [Latin “expulsive force”] Hist. Force used to expel or dispossess another. vis exturbativa (vis eks-tar-ba-ti-va), n. [Latin “eliminating force”] Hist. Force used to thrust out another, esp. when two claimants are contending for possession. visfluminis (vis floo-ma-nis), n. [Latin “the force of a river”] Civil law. The force exerted by a stream or river; waterpower. visible, adj. 1. Perceptible to the eye; discernible by sight. 2. Clear, distinct, and conspicuous. visible crime. See street crime under crime. visible means of support. (1846) An apparent method of earning a livelihood. • Vagrancy statutes have long used this phrase to describe those who have no ostensible ability to support themselves. vis illicita (vis il-lis-a-ta). See vis injuriosa. vis impressa (vis im-pres-a), n. [Latin "impressed force”] The original act of force from which an injury arises, as distinguished from the proximate (or immediate) force. vis inermis (vis in-ar-mis), n. [Latin] Unarmed force, Cf. VIS ARMATA. vis injuriosa (vis in-joor-ee-oh-sa), n. [Latin “injurious force”] Hist. Wrongful force. — Also termed vis illicita. vis inquietativa (vis in-kwi-a-ta-ti-va), n. [Latin “disquieting force”] Civil law. Force that prevents another from using his or her possession quietly and in peace. visit, n. Int’l law. A naval officer’s boarding an ostensibly neutral merchant vessel from another state to exercise the right of search. • This right is exercisable when suspicious circumstances exist, as when the vessel is suspected of involvement in piracy. — Also termed visitation. See right of search, [Cases: War and National Emergency <[7^20.] visitation (viz-a-tay-shan). (14c) 1. Inspection; superintendence; direction; regulation. 2. Family law. A relative’s, esp. a noncustodial parent’s, period of access to a child. — Also termed parental access; access; parenting time; residential time. [Cases: Child Custody 175-231.] 3. The process of inquiring into and correcting corporate irregularities. [Cases: Corporations 394.J 4. visit. grandparent visitation. A grandparent’s court-approved access to a grandchild. • The Supreme Court recently limited a grandparent’s right to have visitation with his or her grandchild if the parent objects, citing a parent’s fundamental right to raise his or her child and to make all decisions concerning the child free from state intervention absent a threat to the child’s health and safety. Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054 (2000). [Cases: Child Custody O>282,[ restricted visitation. See supervised visitation, stepped-up visitation. Visitation, usu. for a parent who has been absent from the child’s life, that begins on a very limited basis and increases as the child comes to know the parent. — Also termed step-up visitation. supervised visitation. Visitation, usu. court-ordered, in which a parent may visit with the child or children only in the presence of some other individual. • A court may order supervised visitation when the visiting parent is known or believed to be prone to physical abuse, sexual abuse, or violence. — Also termed restricted visitation. [Cases: Child Custody '1-217.1 visitation books. Hist. Books compiled by the heralds, when royal progresses were solemnly and regularly made into every part of the kingdom, to inquire into the state of families and to register whatever marriages and descents were verified to them upon oath. visitation credit. Family law. A child-support reduction that reflects the amount of time the child lives with the noncustodial parent. [Cases: Child Support 0^165.] visitation order. (1944) Family law. 1. An order establishing the visiting times for a noncustodial parent with his or her child. [Cases: Child Custody C->525.] 2. An order establishing the visiting times for a child and a person with a significant relationship to the child. • Such an order may allow for visitation between (1) a grandparent and a grandchild, (2) a child and another relative, (3) a child and a stepparent, or (4) occasionally, a child and the child’s psychological parent. — Also termed access order. visitation right. (1935) 1. Family law. A noncustodial parent’s or grandparent’s court-ordered privilege of spending time with a child or grandchild who is living with another person, usu, the custodial parent. • The noncustodial parent with visitation rights may sometimes be a parent from whose custody the child has been removed because of abuse or neglect. [Cases: Child Custody C 175-231, 282.] 2. Int'l law. A belligerent nation’s right to search a neutral vessel to find out whether it is carrying contraband or is otherwise engaged in nonneutral service. • If the searched vessel is doing either of these things, the searchers may seize the contraband and carry out an appropriate punishment. — Also termed (in both senses) right of visitation. visitatorial (viz-a-ta-tor-ee-al), adj. Of or relating to on-site inspection or supervision. — Also termed visi-torial. “To eleemosynary corporations, a visitatorial power is attached as a necessary incident.... [PJrivate and particular corporations, founded and endowed by individuals for charitable purposes, are subject to the private government of those who are the efficient patrons and founder. If there be no visitor appointed by the founder, the law appoints the founder himself, and his heirs, to be the visitors. The visitatorial power arises from the property which the founder assigned to support the charity; and as he is the author of the charity, the laws give him and his heirs a visitatorial power; that is, an authority to inspect the actions and regulate the behavior of the members that partake of the charity. This power is judicial and supreme, but not legislative." 2 James Kent, Commentaries on American Law ”300-01 (George Comstock ed., 11th ed. 1866). visitatorial power. See power (3). visiting judge. See judge. visitor. 1. A person who goes or comes to a particular person or place. business visitor. See business visitor. 2. A person appointed to visit, inspect, inquire into, and correct corporate irregularities. [Cases: Corporations ?■ 594. visitorial. See visitatorial. visitorial power. See visitatorial power under power (3). visitor of manners. A regarder’s office in the forest, vis laica (vis lay-a-ka), n. [Latin “lay force”] Hist. An armed force used in holding possession of a church. vis licita (vis lis-o-to), n. [Latin] Lawful force. vis major (vis may-jar), n. [Latin “a superior force”] (I7c) 1. A greater or superior force; an irresistible or overwhelming force of nature; force m ajeure. Cf. act of god. 2. A loss resulting immediately from a natural cause without human intervention and that could not have been prevented by the exercise of prudence, diligence, and care. — Also termed act of nature; act of providence; superior force; irresistible force; vis divina. [Cases: Carriers Negligence C—440; Shipping 0120,179.] vis major naturae (vis may-jor na-tyoor-ee). [Latin] Hist. The superior force of nature. See force majeure. visne (veen or veen-ee). [Law French if. Latin visnefmn] Neighborhood; at common law, the district from which juries were drawn; vicinage. visperturbativa (vis par-tar-ba-ti-va), n. [Latin “perturbing force”] Hist. Force used between persons contending for possession of something. vis proximo (vis prahk-sa-ma), n. [Latin “proximate force”] Hist. Immediate force. vis simplex (vis sim-pleks), n. [Latin “simple force”] Hist. Mere force; sheer force. VISTA (vis-ta). abbr. (1964) Volunteers in Service to America, a federal program established in 1964 to provide volunteers to help improve the living conditions of people in the poorest areas of the United States, its possessions, and Puerto Rico. [Cases: United States 082(4),] vi statuti (vi sta-t[y]oo-ti). [Law Latin] Hist. By force of statute. Visual Artists Rights Act. Copyright. A 1990 federal law giving a visual artist nontransferable moral rights of integrity and attribution in original and limited-edition creations. • Passed in order to meet Berne Convention standards, the Act protects the original artist — not the owner of the copyright — by granting some rights to prevent the work from being changed or destroyed, and by guaranteeing that the artist may claim authorship of the original work but may deny authorship if the work is modified. 17 USCA §§ 106A, 113. — Abbr. VARA. [Cases: Copyrights and Intellectual Property C='6.] visus (vi sas or vi-zas), n. [Latin] Hist. An inspection of a place, person, or thing. See view (3), (4). vital statistics. (1837) Public records — usu. relating to matters such as births, marriages, deaths, diseases, and the like — that are statutorily mandated to be kept by a city, state, or other governmental division or subdivision. • On the admissibility of vital statistics, see Fed. R. Evid. 803(9). [Cases: Health 0-395.] vital term. See fundamental term under term (2). vitiate (vish-ee-ayt), vb. (16c) 1. To impair; to cause to have no force or effect <the new statute vitiates any common-law argument that the plaintiffs might have>. 2. To make void or voidable; to invalidate either completely or in part <fraud vitiates a contracts 3. To corrupt morally <Mr, Lawrence complains that his children were vitiated by their governess>. — vitiation, n. — vitiator, n. vitilitigate (vit-a-lit-a-gayt), vb. [fr, Latin vitilitigare “to quarrel disgracefully”] Archaic. To litigate merely from quarrelsome motives; to carry on a lawsuit in an unduly contentious, wrangling way. — vitilitigation, n. — vit-ilitigious (vil-a-Ii-tij-as), adj. vitious intromission. See intromission. vitium clerici (vish-ee-am kler-a-si). [Latin] See clerical error under error, vitium reale (vish-ee-am ree-ay-lee). [Latin “true error”] Hist. & Scots law. A defect in a title that renders the movable property nontransferable; specif., an inherent vice in the title of anyone who holds a stolen thing, even if acquired honestly, so that the true owner can reclaim it. Cf. LABES REALIS QUAE REI INHAERET. “A person who comes into possession of moveable property without any title to retain custody thereof is obliged to restore it to the person truly entitled to the possession thereof. . . . [Property so acquired is affected by an inherent vitium reate which prevents the thief or fraudulent person from conferring a good title on anyone, even a taker from him in good faith, who has given value and taken without notice of the thief's defective title; such a person must return the property to the true owner, or pay compensation therefor.... An exception to the rule of vitium reale exists in the cases of money, bank-notes and negotiable instruments . ..." 2 David M. Walker, Principles of Scottish Private Law: Law of Obligations 505-06 (1988). vitiutn scriptoris (vish-ee-am skrip-tor-is), n. [Latin “the mistake of a scribe”] Hist. A clerical error in writing. vitricus (vi-tra-kas), n. [Latin] Hist. A stepfather. viva aqua (vi-va ak-wo), n. [Latin “living water”] Hist. Running water; water that comes from a spring or fountain, viva pecunia (vi-va pi-kyoo-nee-a), n. [Latin “living money”] Hist. Cattle, which obtained this name during the Saxon period, when they were received as money, usu. at regulated prices. viva voce (vi-vs voh-see also vee-va voh-chay), adv. [Law Latin “w'ith living voice”] (16c) By word of mouth; orally. • In reference to votes, the term means a voice vote was held rather than a vote by ballot. In reference to the examination of witnesses, the term means that oral rather than written testimony was taken. See voice vote under vote (4). [Cases; Elections C=>214.[ viva voce vote. See voice vote under vote (4). vivisection, n. 1. Physiological or pathological experi- mentation on or investigation of living vertebrate animals using procedures likely to cause severe pain. 2. By extension, questioning or criticism that is intense, minute, and merciless. vivum vadium (vi-vam vay-dee-am). See vadium vivum under vadium. viz. (viz), abbr. [Latin videlicet] (16c) Namely; that is to say <the defendant engaged in fraudulent activities, viz., misrepresenting his gross income, misrepresenting the value of his assets, and forging his wife’s signature;?. See VIDELICET. vocobuloart/s (voh-kab-ya-laahr-tis), n, [Latin] Words of art. See term of art. VOCAL, abbr. victims of child abuse laws. vocare ad curiam (voh-kair-ee ad kyoor-ee-am), vb. [Latin] To summon to court. vocatio in jus (voh-kay-shee-oh injas). [Latin] Roman law. A plaintiff’s oral summoning of a defendant to go before a magistrate. • The vocatio in jus occurred when the plaintiff would summon the defendant in formal words to accompany the plaintiff. vocation. A person’s regular calling or business; one’s occupation or profession. vociferatio (voh-sif-a-ray-shee-oh), n. [Latin] Hist. An outcry; hue and cry. voco (voh-koh). [Latin “I call”] Hist. I summon; I vouch. See vocatio in jus. Voconianlaw (va-koh-nee-in), See lex voconia, voice exemplar. (1954) A sample of a person’s voice used for the purpose of comparing it with a recorded voice to determine whether the speaker is the same person. • Although voiceprint identification was formerly inadmissible, the trend in recent years has been toward admissibility. See Fed. R. Evid. 901. [Cases: Criminal Law C~? 339.6; Evidence ' 151). | voiceprint. (1962) A distinctive pattern of curved lines and whorls made by a machine that measures human vocal sounds for the purpose of identifying an individual speaker. • Like fingerprints, voiceprints are thought to be unique to each person. [Cases; Criminal Law O--' 339.6; Evidence Co 150.] voice vote. See vote (4). void, adj. (14c) 1. Of no legal effect; null. • The distinction between void and voidable is often of great practical importance. Whenever technical accuracy is required, void can be properly applied only to those provisions that are of no effect whatsoever — those that are an absolute nullity. — void, avoid, vb. — voidness, n. facially void. (1969) (Of an instrument) patently void upon an inspection of the contents. — Also termed void on its face. void ab initio (ab i-nish-ee-oh). (17c) Null from the beginning, as from the first moment when a contract is entered into. • A contract is void ab initio if it seriously offends law or public policy, in contrast to a contract that is merely voidable at the election of one party to the contract. [Cases: Contracts 0^-98,136.] void for vagueness. (1814) 1. (Of a deed or other instrument affecting property) having such an insufficient property description as to be unenforceable. [Cases: Deeds G^>37.] 2. (Of a penal statute) establishing a requirement or punishment without specifying what is required or what conduct is punishable, and therefore void because violative of due process. — Also termed void for indefiniteness. See vagueness doctrine. [Cases: Constitutional Law O=>4506; Criminal Law 13.1.] 2. voidable. • Although sense 1 above is the strict meaning of void, the word is often used and construed as bearing the more l iberal meaning of “voidable.” voidable, adj. (15c) Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. • Ibis term describes a valid act that may be voided rather than an invalid act that may be ratified. — Also termed avoidable. [Cases: Contracts <3^98, 136.] —voidability, n. “Most of the disputed questions in the law of infancy turn upon the legal meaning of the word ‘voidable’ as applied to an infant’s acts. The natural meaning of the word imports a valid act which may be avoided, rather than an invalid act which may be confirmed, and the weight of authority as well as reason points in the same direction. Certainly, so far as executed transfers of property are concerned the authority of the decisions clearly supports this view.” 1 Samuel Williston, The Law Governing Sales of Goods § 12, at 28 (3d ed. 1948). "The promise of an infant surety is voidable as distinguished from void. The infant may expressly disaffirm or assert the defense of infancy when sued at any time before the expiration of a reasonable time after majority.” Laurence P. Simpson, Handbook on the Law of Suretyship 82 (1950). voidable agreement. See voidable contract under contract. voidable contract. See contract. voidable judgment. See judgment. voidable marriage. See marriage (i). voidable preference. See preferential transfer. voidable process. See process. voidable promise. See promise. voidable transfer. See preferential transfer. void agreement. See void contract under contract. voidance, n. (14c) The act of annulling, canceling, or making void. — Also termed avoidance. void contract. See contract, void for indefiniteness. See void for vagueness under void. void for vagueness. See void. void-for-vagueness doctrine. 1. See vagueness doctrine. 2, See void for vagueness under void. void judgment. See judgment. void legacy. See legacy. void marriage. See marriage (i). void on its face. See facially void under void. void process. See process. voir dire (vwahr deer also vor deer or vor dir), n. [Law French “to speak the truth”] (17c) 1. A preliminary examination of a prospective juror by a judge or lawyer to decide whether the prospect is qualified and suitable to serve on a jury. • Loosely, the term refers to the jury-selection phase of a trial. [Cases: Jury 0^131.] 2. A preliminary examination to test the competence of a witness or evidence, [Cases: Witnesses <3=>77.] 3. Hist. An oath administered to a witness requiring that witness to answer truthfully in response to questions. — Also spelled voire dire. — Also termed voir dire exam-, examination on the voir dire. — voir dire, vb. voiture (vwah-t[y]oor), n. Carriage; transportation by carriage. volatile stock. See stock. volatility. In securities markets, the quality of having sudden and extreme price changes. volens (voh-lenz), adj. [Latin] (1872) Willing. See nolens VOLENS. volenti non fit injuria (voh-len-ti non fit in-joor-ee-a), [Law Latin “to a willing person it is not a wrong,” i.e., a person is not wronged by that to which he or she consents] (17c) The principle that a person who knowingly and voluntarily risks danger cannot recover for any resulting injury. • This is the type of affirmative defense that must be pleaded under Fed. R. Civ. P. 8(c). — Often shortened to volenti. See assumption of the risk. [Cases: Negligence < 1 550; Torts O^TZb.] “[T]he maxim ’Volenti non fit injuria’ ... is certainly of respectable antiquity. The idea underlying it has been traced as far back as Aristotle, and it was also recognised in the works of the classical Roman jurists, and in the Canon Law. In English law, Bracton in his De Legibus Angliae (ca. A.D, 1250-1258) uses the maxim, though not with the technicality that attached to it later, and in a Year Book case of 1305 it appears worded exactly as it is now. So far as actual citation of the maxim goes, most of the modern cases use it in connexion with harm to the person rather than to property.” P.H. Winfield, A Textbook of the Law of Tort § 13, at 24 (5th ed. 1950). volition (va-lish-an or voh-), n. (17c) 1. Hie ability to make a choice or determine something. 2. The act of making a choice or determining something. 3. The choice or determination that someone makes. — volitional, adj. volitional test. See irresistible-impulse test. Volksgerictshof. See people’s court (2) Volstead Act (vol-sted), A federal statute enacted in 1919 to prohibit the manufacture, sale, or transportation of liquor. • Sponsored by Andrew Joseph Volstead of Minnesota, a famous Prohibitionist, the statute was passed under the 18th Amendment to theU.S. Constitution. When the 21st Amendment repealed the 18th Amendment in 1933, the Volstead Act was voided. [Cases: Intoxicating Liquors 17.] volume discount. See discoun t. volumen (vol-yoo-man), n. [Latin “a rolled-up thing”] Civil law. A volume. PL volumina. volumus (vol-a-mas), vb. [Latin] Hist. We will; it is our will. • This was the first word of a clause in royal writs of protection and letters patent. It uses the royal we — the plural first person by which monarchs have traditionally spoken. voluntariae jurisdictionis (vol-an-tair-ee-ee juur-is-dik-shee-oh-nis). [Latin] Hist. Ofor pertaining to voluntary jurisdiction. See voluntary jurisdiction under jurisdiction. voluntarily, adv. Intentionally; without coercion. voluntarius daemon (vol-an-tair-ee-as dee-man), n. [Law Latin “voluntary madman”] Hist. A drunkard; one who has voluntarily contracted madness by intoxication. voluntary, adj. (14c) 1. Done by design or intention <voluntary act>. 2. Unconstrained by interference; not impelled by outside influence cvoluntary statement;-. 3, Without valuable consideration or legal obligation; gratuitous cvoluntary gift>. [Cases: Contracts 0^47] 4. Having merely nominal consideration cvoluntary deed>, — voluntariness, n. voluntary abandonment. See abandonment (3). voluntary appearance. See appearance. voluntary arbitration. See arbitration. voluntary assignment. See general assignment under ASSIGNMENT (2). voluntary association. See association (3). voluntary assumption of the risk. See assumption of THE RISK. voluntary bankruptcy. See bankruptcy. voluntary bar. See bar. voluntary bond. See bond (3). voluntary commitment. See commitment. voluntary confession. See confession. voluntary consent. See consent (1). voluntary contract. See gratuitous contract (2) under contract. voluntary conveyance. See conveyance. voluntary courtesy. (17c) An act of kindness performed by one person toward another, from the free will of the doer, without any previous request or promise of reward made by the person who is the object of the act. • No promise of remuneration arises from such an act. voluntary deposit. See deposit (5). voluntary disclosure of offense. See disclosure (1). voluntary discontinuance. See nonsuit (1). voluntary dismissal. See dismissal (1). voluntary dissolution. See dissolution. voluntary escape. See escape (3). voluntary euthanasia. See euthanasia. voluntary exposure to unnecessary danger. (1883) An intentional act that, from the standpoint of a reasonable person, gives rise to an undue risk of harm. • The phrase suggests that the actor was consciously willing to take the risk. [Cases: Insurance ’€=2592.] voluntary ignorance. (1836) Willful obliviousness; an unknowing or unaware state resulting from the neglect to take reasonable steps to acquire important knowledge. [Cases: Insurance C=>2965; Negligence 212.] voluntary improvement. See improvement. voluntary intoxication. See intoxication. voluntary jurisdiction. See jurisdiction. voluntary lien. See lien. voluntary manslaughter. See manslaughter. voluntary oath. See nonjudicial oath (1) under oath. voluntary petition. See petition. voluntary pilot. See pilot. voluntary pooling. See pooling. voluntary-registry law. See adoption-registry statute. voluntary respite. See respite. voluntary sale. See sale. voluntary search. See search. voluntary settlement. See settlement (1). voluntary statement. See statement. voluntary stranding. See stranding, voluntary surety. See surety. voluntary suretyship. See suretyship. voluntary trust. See trust. voluntary unitization. See unitization. voluntary waste. See waste (1). voluntas (va-lan-tas), n. [Latin] Hist. 1. Volition, purpose, or intention; a feeling or impulse that prompts the commission of an act. 2. A will by which a testator plans to dispose of an estate; will. voluntas testator is (va-lan-tas tes-ta-tor-is). [Latin] Hist. 'Ihe intention of a testator. voluntatis non necessitatis (vol-an-tay-tis non na-ses-i-tay-tis). [Latin] Hist. A matter of choice, not of necessity. volunteer. (16c) 1. A voluntary actor or agent in a transaction; esp., a person who, without an employer’s assent and without any justification from legitimate personal interest, helps an employee in the performance of the employer’s business. 2. The grantee in a voluntary conveyance; a person to whom a conveyance is made without any valuable consideration. See voluntary conveyance under conveyance. 3. Military law. A person who enters military service voluntarily and is then subject to the same rules as other soldiers. Cf. draft (2). 4. Archaic. See officious intermeddler. Volunteers in Service to America. See vista. vote, (15c) 1. The expression of one’s preference or opinion in a meeting or election by ballot, show of hands, or other type of communication cthe Republican candidate received more votes than the Democratic candidates absentee vote. See absentee voting under voting. bullet vote. A vote cast for fewer nominees than are being elected. • A bullet vote slightly enhances the ballot’s effect on the outcome. — Also termed bullet ballot. casting vote. A deciding vote cast by the chair of a deliberative assembly when the votes are tied. • The U.S. Constitution gives the Vice President the casting vote in the Senate. U.S. Const, art. I, § 3. [Cases: United States;?.; IS.] “One is, that to secure at all times the possibility of a definite resolution of the body, it is necessary that the President should have only a casting vote. And to take the senator of any State from his seat as senator, to place him in that of President Df the Senate, would be to exchange, in regard tD the State from which he came, a constant for a contingent vote.” The Federalist No. 68 (Alexander Hamilton). effective vote. A vote that counts toward a winning candidate, to the extent needed to win. • A vote that goes to a winning candidate is “effective” to the extent needed to win, and “excess” beyond that point. For example, if a candidate needs 100 votes and gets 150, then 50 votes are excess votes and each vote is two-thirds effective and one-third excess. Cf. excess vote; wasted vote. excess vote. A vote that counts toward a winning candidate, beyond the extent needed to win. Cf. effective vote. exhausted vote. A preferential vote on which all the ranked candidates have already been elected or eliminated. — Also termed exhausted ballot. illegal vote. A vote that does not count because it was cast by someone not entitled to vote or for an ineligible choice, or in a form or manner that does not comply with the applicable rules. See spoiled ballot under ballot (2). [Cases: Elections C=227.] legal vote. A vote cast in the proper form and manner for an eligible choice by someone entitled to vote. paired vote. An abstention resulting from a pairing. See pair. preferential vote. A vote that ranks the choices in order of preference. • A preferential vote may be transferable or weighted. — Also termed preferential ballot. Cf. single transferable vote; weighted vote. [Cases: Elections 237.] single transferable vote. A preferential vote that will migrate or “transfer” away from a candidate whom it will no longer help. • Under transferable voting, a candidate wins if his or her first-choice votes reach the number needed to win, or the “threshold.” If no candidate reaches the threshold, the least-preferred candidate is dropped and his or her votes transfer to the next-preferred candidate on each ballot. If a candidate reaches the threshold with an excess, that excess still transfers — after being discounted by the non-excess fraction needed to reach the threshold — among the surviving candidates. Each transfer preserves each vote as long as at least one candidate that the voter ranked survives. The redistribution continues until enough candidates reach the threshold or the number of surviving candidates equals the number of representatives still to be elected. See droop quota. — Also termed STV; transferable vote; choice voting. [Cases: Elections C=237.[ transferable vote. See single transferable vote, unintelligible vote. An otherwise legal vote cast in a form from which the tellers cannot ascertain the voter’s intent, • On a secret ballot, no voter may properly claim an unintelligible vote for the purpose of explaining it since the vote may have been cast by another voter who cannot contradict the claimant without sacrificing his or her right to secrecy. vote of no confidence. See no-confidence vote. wasted vote. A vote that does not count toward any winning candidate. Cf. effective vote; excess vote. weighted vote. A nontransferable preferential vote whose strength is allocated among the ranked preferences either by the voter or according to a series of fixed weights. [Cases: Elections 0=237.] 2. The total number of votes cast in an election <the incumbent received 60% of the vote>. [Cases: Elections 0=1.] 3, The majority or supermajority needed for a certain question <a two-thirds vote>. [Cases: Elections 0=237,] majority vote. See majority (2). plurality vote. See plurality. fie vote. An equally divided vote. • A tie vote is not a deadlock unless the assembly is obliged to act, for example when electing an officer to an office that will otherwise be vacant. Cf, deadlock. [Cases: Elections 0=238.] unanimous vote. A vote in which every voter concurs. See unanimous (2). winner-take-all vote. An election in which the majority (or sometimes the plurality) elects all the representatives. Cf. unit rule; proportional representation; proportional voting under voting. [Cases: Elections 0=237.] 4. The act of voting, usu. by a deliberative assembly <the Senate postponed the vote on the gun-control bill>. [Cases: States 0=35.] — vote, vb. counted vote. Parliamentary law. A vote taken in a way that individually counts each voter. • Examples of a counted vote are a show of hands, a standing vote, a roll-call vote, or a written ballot. See division (1). division vote. See division (1). lobby vote. A counted vote taken by each voter passing through a lobby between tellers. — Also termed teller vote. rising vote. 1. See standing vote. 2. A vote of appreciation demonstrated by the members standing, sometimes silently but usu. with applause. — Also termed rising vote of thanks. roll-call vote. A counted vote by roll call, in which the secretary calls each member’s name, in answer to which the member casts aloud his or her vote. • The U.S. Constitution provides that “the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.” U.S. Const, art. I, § 5, cl. 3. — Also termed vote by yeas and nays; yeas and nays. See roll call under call (1). [Cases: United States 18.] serpentine vote. A standing vote in which the voters count off and sit down, with the count progressing up one row and down the next until each member on the side of the question being counted has voted. standing vote. A counted vote taken by each voter standing up when his or her side of the question is counted. — Also termed rising vote; standing division. teller vote. See lobby vote, viva voce vote. See voice vote. voice vote. A vote taken by the voters collectively answering aloud, usu. with “aye” or “nay,” when their side of the question is called. — Also termed viva voce vote. [Cases: Elections 0-214.] vote by show of hands. A vote taken by the voters raising their hands when their side of the question is counted. — Often shortened to show of hands. vote by yeas and nays. See roll-call vote. vote dilution. See dilution (3). vote immediately. See close debate. vote of no confidence. See no confidence vote. voter. (16c) 1. A person who engages in the act of voting. 2. A person who has the qualifications necessary for voting. — Also termed (in sense 2) legal voter; qualified voter. [Cases: Elections 0-59-87.] registered voter. A person who is qualified to vote and whose name is recorded in the voting district where he or she resides. [Cases: Elections ' 95 119.' voting. (16c) The casting of votes for the purpose of deciding an issue. absentee voting. (1932) 1. Participation in an election by a qualified voter who is unable to appear at the polls on election day. 2. The practice of allowing voters to participate in this way. — Also termed (in sense 1) absentee ballot; absentee vote. See absentee ballot under ballot (2). Cf. early voting. [Cases: Elec- . tions 0126(6), 216.1.] choice voting. See single transferable vote under vote (1). class voting. (1941) A method of shareholder voting in which different classes of shares vote separately on fundamental corporate changes that affect the rights and privileges of that class. — Also termed voting by class; voting by voting group, [Cases: Corporations 0197.] cumulative voting. (1884) A system in which each voter may cast more than one vote for the same candidate. • Cumulative voting helps a minority elect at least one representative. It is common in shareholder elections. [Cases: Corporations 0--200, 283(2).] early voting. (1984) Voting before the day of an election, esp. during a period designated for that purpose. • Unlike with absentee voting, taking advantage of early voting does not require the voter to swear to the inability to come to the polling place on election day. Cf. absentee voting. [Cases: Elections 0^205.1.] first-past-the-post voting. See plurality voting. Hare-Ware voting. See instant-runoff voting, instant-runoff voting. A system of preferential voting that mimics a runoff election by using each voter’s ranked preferences instead of a second round of voting. See runoff election under election (3). — Also termed Hare-Ware voting; West Australian plan. Abbr. IRV. [Cases: Elections C--237.] limited voting. A system in which each voter must cast fewer votes than the number of representatives being elected. low-total voting, A system of weighted preferential voting that adds up the ranked preferences — “1” for a first choice, “2” for a second choice, and so forth — so that the most-preferred candidate wins by having the lowest total. See preferential voting; weighted vote under vote (1). [Cases: Elections O--237.] majority voting. A system in which each voter may cast one vote per representative being elected, and a simple majority is required for election. [Cases: Corporations 0283(2).] noncumulative voting. (1956) A corporate voting system in which a shareholder is limited in board elections to voting no more than the number of shares that he or she owns for a single candidate. • The result is that a majority shareholder will elect the entire board of directors. — Also termed straight voting. [Cases: Corporations <0283(2).] plurality voting. Election by plurality. See plurality. — Also termed first-past-the-post voting. preferential voting. A system in which each voter ranks the choices in order of preference. • A preferential vote may be transferable or weighted. — Also termed rank-order voting. See single transferable vote under vote (1); weighted vote under vote (1). [Cases: Elections <0237.] proportional voting. A system of transferable preferential voting in a multi-representative election. See preferential vote under vote (1); single transferable vote under vote (1). — Also termed proportional representation. [Cases: Elections <0237.] rank-order voting. See preferential voting, straight voting. See noncumulative voting, two-round voting. A system in which the voting occurs in two rounds, with the first round determining the candidate’s eligibility for the second round. • The second round may be a runoff between the top two candidates from the first round, an election by plurality among candidates who won their political parties’ nominations in the first round, or an election by plurality among the candidates from the first round who reached a certain threshold. See runoff election under election (3). [Cases: Elections < 237.| voting by class. See class voting. voting by voting group. See class voting voting by yeas and nays. See roll-call vote under vote (4). voting agreement. See pooling agreement. voting by class. See class voting under voting. voting by voting group. See class voting under voting. voting group. (1972) 1. A classification of sharehold- ers by the type of stock held for voting on corporate matters. 2. Collectively, the shareholders falling within such a classification. voting member. See member. Voting Rights Act. The federal law that guarantees a citizen’s right to vote, without discrimination based on race, color, or previous condition of servitude. 42 USCA §§ 1971—1974. [Cases: Elections 12.] voting security. See voting stock under stock. voting stock. See stock. voting-stock rights. A stockholder’s right to vote stock in the affairs of the company. • Typically, holders of common stock have one vote for each share. Holders of preferred stock usu. have the right to vote when preferred dividends are in default for a specified period. [Cases: Corporations >OT97,] voting trust. See trust. voting-trust certificate, A certificate issued by a voting trustee to the beneficial holders of shares held by the voting trust. • A voting-trust certificate maybe as readily transferable as the underlying shares; it carries with it all the incidents of ownership except the power to vote. See voting trust under trust. [Cases: Corporations 0198.1(3).] votum (voh-tam), n. [Latin] Hist. A vow; a promise. See dies votorum under dies. votum captandae mortis alienae (voh-tom kap-tan-dee mor-tis ay-lee-ee-nee or al-ee-). [Latin] Hist. An earnest desire for another’s death. • An heir could not sell his or her rights to an ancestor’s estate because such a transaction would likely induce votum captandae mortis alienae. vouch, vb. (14c) 1, To answer for (another); to personally assure <the suspect’s mother vouched for him>. 2. To call upon, rely on, or cite as authority; to substantiate with evidence <counsel vouched the mathematical formula for determining the statistical probability^ 3. Hist. To call into court to warrant and defend, usu. in a fine and recovery. See fine (i). 4. Hist. To authenticate (a claim, etc.) by vouchers. vouchee (vow-chee), n. Hist. 1. A person vouched into court; one who has been vouched over. See vouch over. 2. A person cited as authority in support of some fact. voucher, n. (17c) 1. Confirmation of the payment or discharge of a debt; a receipt. 2. A written or printed authorization to disburse money 3. Hist. A person who calls on another person (the vouchee) as a witness, esp. in support of a warranty of title. 4. Hist. The tenant in a writ of right. voucher to warranty. Hist. The calling into court of a person who has warranted lands, by the person warranted, to come and defend a lawsuit. vouching-in. (1849) 1. At common law, a procedural device by which a defendant may give notice of suit to a third party who may be liable to the defendant on the subject-matter of the suit, so that the third party will be bound by the court’s decision. • Although this device has been largely replaced by third-party practice, it remains available under the Federal Rules of Civil Procedure. Humble Oil & Refining Co. v. Philadelphia Ship Maintenance Co., 444 F.2d 727,735 (3d Cir. 1971). [Cases: Federal Civil Procedure C--281; Parties C=>49.] 2. The invitation of a person who is liable to a defendant in a lawsuit to intervene and defend so that, if the invitation is denied and the defendant later sues the person invited, the latter is bound by any determination of fact common to the two lawsuits. See UCC § 2-607. [Cases: Indemnity040, 79.] 3. impleader. vouch over, vb. (I6c) To cite (a person) into court in one’s stead. See vouchee (i). vox signata (vahks sig-nay-to). [Law Latin] Hist. A technical word; a formal word. Pl. voces signatae. voyage. Maritime law. The passing of a vessel by sea from one place, port, or country to another. • Courts generally hold that the term includes the entire enterprise, not just the route. [Cases: Shipping <O’165.] foreign voyage. A voyage to a port or place within the territory of a foreign nation, • If the voyage is from one port in a foreign country to another port in the same country, it is considered a foreign voyage. [Cases: Seamen O=>18.] freighting voyage. A voyage that involves a vessel’s transporting cargo between terminal points. trading voyage. A voyage that contemplates a vessel’s touching and stopping at various ports to traffic in, buy and sell, or exchange commodities on the owners’ and shippers’ account. voyage charter. See charter (8). voyage insurance. See insurance. voyage policy. See insurance policy. voyeur (voy-ysr also vwah-yor), n. (1900) A person who observes something without participating; esp., one who gains pleasure by secretly observing another’s genitals or sexual acts. [Cases; Disorderly Conduct 0123.] voyeurism, n. (1900) Gratification derived from observing the genitals or sexual acts of others, usu. secretly. [Cases: Disorderly Conduct 0423.] — voyeuristic, adj. V.P. abbr. See vice president. vs. abbr. versus. vulgar abuse. See verbal abuse under abuse. vulgarispurgatio (vol-gair-is par-gay-shee-oh), n. [Law Latin] See ordeal (i). vulgar purgation. See purgation. vulgar substitution. See substitution (4). vulgo concepti (val-goh kan-sep-ti), n. [Latin] Hist. Ille- gitimate children; bastards. vulgo quaesiti (val-goh kwi-si-ti), n. [Latin] Hist. Spurious children; the offspring of promiscuity', so that the true fathers are unknowable. vulnerable adult. See adult. vulture fund. See mutual fund. W-2 form. (18c) (1948) Tax. A statement of earnings and taxes withheld (including federal, state, and local income taxes and F1CA tax) during a given tax year, • The W-2 is prepared by the employer, provided to each employee, and filed with the Internal Revenue Service. Cf, w-4 form. [Cases: Internal Revenue CA-4849.] W-4 form. (1955) Tax. A form indicating the number of personal exemptions an employee is claiming and that is used by the employer in determining the amount of income to be withheld from the employee’s paycheck for federal-income tax purposes. — Also termed Employee’s Withholding Allowance Certificate. Cf. w-2 form. [Cases: Internal Revenue ' '4849.] wacreour (wah-kroor), n. [Law French] Hist. A vagrant. Wade hearing. (1969) Criminal law. A pretrial hearing in which the defendant contests the validity of his or her out-of-court identification. • If the court finds that the identification was tainted by unconstitutional methods, the prosecution cannot use the identification and must link the defendant to the crime by other means. United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926 (1967). [Cases: Criminal Law C '339.11(2).] wadia (way-dee-a), n. [Law Latin] Hist. Pledges. wadset, n. Scots law. 1. A mortgage. — Also termed (in Roman law) fiducia. 2. A pledge or pawn. wadset, vb. Scots law. 1. To mortgage. 2. To pledge, wafer seal. See seal. wafter (waf-tar), n. [Middle English “convoyer”] Hist. An English naval officer appointed under Edward IV to protect fishermen, esp. on the coast of Norfolk and Suffolk. — Also spelled waftor. waga (way-ga), n. [Law Latin] Hist. A measure of weight; a measure of goods. wage, n. (usu. pi.) (14c) Payment for labor or services, usu. based on time worked or quantity produced; specif., compensation of an employee based on time worked or output of production. • Wages include every form of remuneration payable for a given period to an individual for personal services, including salaries, commissions, vacation pay, bonuses, and the reasonable value of board, lodging, payments in kind, tips, and any similar advantage received from the employer. An employer usu. must withhold income taxes from wages. Cf. salary. [Cases: Labor and Employment C~:T68.J covered wages. Wages on which a person is required to pay social-security taxes. [Cases: Internal Revenue 04374.] current wages. Wages for the current period; wages that are not past due. front wages. Prospective compensation paid to a victim of job discrimination until the denied position becomes available. [Cases: Civil Rights O -1471,1571, 1583(2).] minimum wage, 'lire lowest permissible hourly rate of compensation for labor, as establ ished by federal statute and required of employers engaged in interstate commerce. 29 USCA § 206. [Cases: Labor and Employment C^’2337.] noncovered wages. Wages on which a person is not required to pay social-security taxes. [Cases: Internal Revenue 4374.] real wages. Wages representing the true purchasing power of the dollar, derived by dividing a price index into money wages. wage, vb. 1. To engage in (a war, etc.). 2. Archaic. To give security for (a performance, etc.). Cf. gage. Wage and Hour Division, The division of the Employment Standards Administration in the U.S. Department of Labor responsible for enforcing the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Polygraph Protection Act, and other workplace-related statutes and regulations. — Abbr. WHD. See EMPLOYMENT STANDARDS ADMINISTRATION. wage-and-hour law. A law (such as the federal Fair Labor Standards Act) governing minimum wages and maximum working hours for employees. [Cases: Labor and Employment O--'2215J wage-and-price controls, A system of government-mandated maximum prices that can be charged for different goods and services or paid to various workers in different jobs. wage-and-price freeze. See freeze. wage assignment. 1. See attachment of wages under ATTACHMENT (l). 2. INCOME-WITHHOLDING ORDER. 3. ASSIGNMENT (2). wage-assignment order. See income-withholding order. wage-earner’s plan. See chapter 13. wager, n. (14c) 1. Money or other consideration risked on an uncertain event; a bet or gamble. 2. A promise to pay money or other consideration on the occurrence of an uncertain event. 3. See wagering contract under contract. [Cases: Gaming 0^1.] —wager, vb. — wagerer, n. wagering contract. See contract. wager of battle. See trial by combat. wager of law. Hist. A method of proof in which a person defends against a claim by swearing that the claim is groundless, and by enlisting others (.compurgators) to swear to the defendant’s credibility. — Also termed gager del ley (gay-jar del lay); vadiatio legis (vad-ee-ay-shee-oh lee-jis). See compurgation, wager policy. See insurance policy. wages. See wage. wage-withholding. See attachment of wages under ATTACHMENT (l). wage-withholding order. See income-withholding ORDER. Wagner Act. See national labor relations act. wagonage (wag-a-nij). 1. Transportation by a wagon. 2. The fee for carriage by wagon. 3. A group of wagons, waif, n. (14c) 1. An abandoned article whose owner is unknown, esp. something stolen and thrown away by the thief in flight, usu, through fear of apprehension. • At common law, if a waif, whether stolen or merely abandoned, was seized before the owner reclaimed it, the title vested in the Crown. The owner was thus punished for leaving the property or for failing to pursue the thief and attempting to recover the property. Today, however, the general rule is that a waif passes to the state in trust for the true owner, who may regain it by proving ownership. “Waifs, bona waviata, are goods stolen, and waived or thrown away by the thief in his flight, for fear of being apprehended. These are given to the king by the law, as a punishment upon the owner, for not himself pursuing the felon, and taking away his goods from him. And therefore if the party robbed do his diligence immediately to follow and apprehend the thief (which is called making fresh suit) or do convict him afterwards, or procure evidence to convict him, he shall have his goods again.” 1 William Blackstone, Commentaries on the Laws of England 286-87 (1765), 2. Hist. A homeless person, esp. a woman or child; a social outcast. See waivery. “[In the thirteenth century] a woman, though she cannot be outlawed, can be ‘waived,’ declared a 'waif,' and 'waiver' seems to have all the effects of outlawry." 1 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward 1482 (2d ed. 1898). wainable (way-na-bal), adj. Archaic. (Of land) plowable; tillable. wainage (way-nij), n. Hist. 1. Ihe plow, team, and other implements used by a person (esp. a villein) to cultivate the soil; instruments of husbandry 2. Cultivated land or the profits from it. — Also termed wainagium; way-nagium (way-nay-jee-am); (in sense 2) gainage. wainbote. See bote (i). wait-and-see principle. (1989) A modification to the rule against perpetuities, under which a court may determine the validity of a contingent future interest based on whether it actually vests within the perpetuities period, rather than on whether it possibly could have vested outside the period. — Also termed second-look doctrine. [Cases: Perpetuities 0 ^4.] waiting clerk. Hist. An officer who waits in attendance on the court of chancery • The office of the waiting clerk was abolished in 1842 by the Court of Chancery Act. St. 5 & 6 Viet. ch. 103. waiting period. (1897) A period that must expire before some legal right or remedy can be enjoyed or enforced. • For example, many states have waiting periods for the issuance of marriage licenses or the purchase of handguns. waive (wayv), n. Archaic. A woman who has by her conduct deprived herself of the protection of the law; a female outlaw. • The term “outlaw" usu. referred only to a male. See outlaw (i), (2). waive, vb. (14c) 1. To abandon, renounce, or surrender (a claim, privilege, right, etc.); to give up (a right or claim) voluntarily. • Ordinarily, to waive a right one must do it knowingly — with knowledge of the relevant facts, [Cases: Estoppel 52.10.] 2. To refrain from insisting on (a strict rule, formality, etc.); to forgo. 3. Hist. To declare someone a waif. See waif (2), waiver (way-vsr), n. (17c) 1. The voluntary relinquishment or abandonment — express or implied — of a legal right or advantage; forfeiture (2) <waiver of notice>. • The party alleged to have waived a right must have had both knowledge of the existing right and the intention of forgoing it. Cf. estoppel. [Cases: Estoppel 0^52.10.] “The term waiver is one of those words of indefinite connotation in which our legal literature abounds; like a cloak, it covers a multitude of sins." William R. Anson, Principles of the Law of Contract 419 (Arthur L, Corbin ed., 3d Am. ed. 1919). “'Waiver' is often inexactly defined as 'the voluntary relinquishment of a known right.' When the waiver is reinforced by reliance, enforcement is often said to rest on ‘estoppel.’ . . . Since the more common definition of estoppel is limited to reliance on a misrepresentation of an existing fact, reliance on a waiver or promise as to the future is sometimes said to create a ‘promissory estoppel.' The common definition of waiver may lead to the incorrect inference that the promisor must know his legal rights and must intend the legal effect of the promise. But ... it is sufficient if he has reason to know the essential facts.” Restatement (Second) of Contracts § 84 cnit, b (1979). “Waiver is often asserted as the justification for a decision when it is not appropriate to the circumstances.” Robert E. Keeton & Alan I. Widiss, Insurance Law § 6.8, at 719 (1998). “Although it has often been said that awaiver is ‘the intentional relinquishment of a known right,’ this is a misleading definition. What is involved is not the relinquishment of a right and the termination of the reciprocal duty but the excuse of the nonoccurrence of or a delay in the occurrence of a condition of a duty." E. Allan Farnsworth, Contracts § 8.5, at 561 (3ded. 1999). express waiver. (18c) A voluntary and intentional waiver. [Cases: Estoppel 0^52.10(2),] implied waiver. (18c) A waiver evidenced by a party’s decisive, unequivocal conduct reasonably inferring the intent to waive. [Cases: Estoppel CTv52.10(3).] “An implied waiver may arise where a person has pursued such a course of conduct as to evidence an intention to waive a right, or where his conduct is inconsistent with any other intention than to waive it. Waiver may be inferred from conduct or acts putting one off his guard and leading him to believe that a right has been waived. Mere silence, however, is no waiver unless there is an obligation to speak.” 28 Am. Jur. 2d Estoppel and Waiver § 160, at 845-46 (1966). prospective waiver. (1889) A waiver of something that has not yet occurred, such as a contractual waiver of future claims for discrimination upon settlement of a lawsuit. subject-matter waiver. A waiver that may result when a party voluntarily discloses a communication or privileged material about a particular topic to a third party. • A party’s voluntary disclosure may lead a court lo find an implied waiver that extends to all other communications relating to the same subject matter. [Cases: Witnesses 0^219.] waiver of notice. Parliamentary law. The waiver that occurs when a defective notice for a meeting is issued but every member attends and participates without objecting to the defect. 2. The instrument by which a person relinquishes or abandons a legal right or advantage <the plaintiff must sign a waiver when the funds are delivered^ jury waiver. A form signed by a criminal defendant who relinquishes the right to have the trial conducted before a jury. [Cases: Jury C777 29(6).] lien waiver. A written and signed waiver of a subcontractor’s mechanic’s lien rights, usu. submitted to enable the owner or general contractor to receive a draw on a construction loan. [Cases: Mechanics’ Liens CT~208.] waiver by election of remedies. (1873) A defense arising when a plaintiff has sought two inconsistent remedies and by a decisive act chooses one of them, thereby waiving the other. [Cases: Election of Remedies C~ L] waiver hearing. See transfer hearing under hearing. waiver of claims and defenses. (1975) 1. The intentional relinquishment by a maker, drawer, or other obligor under a contract of the right to assert against the assignee any claims or defenses the obligor has against the assignor. [Cases: Assignments 103; Bills and Notes C’ 314; Secured Transactions C777185.] 2. The contractual clause providing for such a waiver. waiver of counsel. (1870) A criminal defendant’s intentional relinquishment of the right to legal representation. • To be valid, a waiver of counsel must be made voluntarily, knowingly, and intelligently. [Cases: Criminal Law C777’ 1750-1757,] waiver of defenses. Real estate. A document by which a mortgagor acknowledges that the mortgage is good and valid for the full amount of the mortgage note. • This document ensures that the mortgagor has no defenses to the mortgage. — Also termed estoppel certificate; no-setoff certificate; declaration of no defenses. [Cases: Mortgages C-'415.[ waiver of exemption. (1846) 1. A debtor’s voluntary relinquishment of the right to an exemption from a creditor's levy or sale of any part of the debtor’s personal property by judicial process. [Cases: Exemptions C7777 89-99; Homestead 169-176.] 2. The contractual clause expressly providing for such a waiver. [Cases; Exemptions O'SH; Homestead ''’” 170. waiver of immunity. (1883) The act of giving up the right against self-incrimination and proceeding to testify. See immunity (3). [Cases: Wit nesses O>305.] waiver of notice. See waiver (1). waiver-of-premium clause. Insurance. A provision for a waiver of premium payments after the insured has been disabled for a specified length of time, such as six months. [Cases: Insurance j ' 2035.] waiver of protest. A relinquishment by a party to a negotiable instrument of the formality of protest in case of dishonor. See protest (2). [Cases: Bills and Notes C7-77 422.] waiver of service. A defendant’s voluntary submission to the jurisdiction made by signing an acknowledgment of receipt of the petition and stating that he or she waives all further service. [Cases: Process <C=>67.] waiver of tort. (1815) The election to sue in quasi-contract to recover the defendant’s unjust benefit, instead of suing in tort to recover damages. See itnplied-in-law contract under contract. [Cases: Action <C=>28.] “A person upon whom a tort has been committed and who brings an action for the benefits received by the tortfeasor is sometimes said to ‘waive the tort.’” Restatement of Restitution § 525 (1937). “‘Waiver of tort’ is a misnomer. A party only waives a tort in the sense that he elects to sue in quasi-contract to recover the defendant's unjust benefit ratherthan to sue in tort to recover damages: he has a choice of alternative remedies. But the tort is not extinguished. Indeed it is said that it is a sine qua non of both remedies that he should establish that a tort has been committed.” Lord Goff of Chieveley & Gareth Jones, The Law of Restitution 605 (3ded. 1986). waivery. Hist. The act of putting a woman outside the protection of the law. • At common law, a woman could not be “outlawed” because she was not considered “in law” — that is, she could not undertake legal proceedings on her own. By Bracton’s day, the effect of outlawing a woman was achieved by “waiving" her — the act being called waivery. wakening. Scots law. The revival of an action in which no steps had taken for at least a year and a day. walk, vh. (1958) Slang. 1. To be acquitted cthough charged with three thefts, Robinson walked each time>. 2. To escape any type of real punishment <despite the seriousness of the crime, Selvidge paid only $750: he walkedx walker, n. Hist. A forester who inspects an assigned area of land. Walker Process claim. Patents. A counterclaim in an infringement suit, seeking a declaratory judgment that the patent is invalid because its owmer defrauded the Patent Office. • The claim is based on antitrust law, alleging that the patentee wrongfully tried to monopolize a market. Walker Process Equip., Inc. v. Food Mach. & Chem., 382 U.S. 172, 86 S.Ct, 347 (1965). — Also termed Walker Process defense. walkout. 1, strike (i). 2. The act of leaving a work assignment, meeting, or other event as a show of protest. [Cases: Labor Relations O-290.] wall. An erection of stone, brick, or other material raised to varying heights, esp. inside or surrounding a building, for privacy, security, or enclosure. ancient wall. A party wall that has stood for at least 20 years, thus giving each party an easement right to refuse to allow the other party to remove or substantially change the wall. party wall. A wall that divides two adjoining, separately owned properties and that is shared by the two property owners as tenants in common. — Also termed common wall. [Cases: Party Walls O= 1-10.] “There appears to be no precise legal definition of the term 'party wall.’ Four possible meanings are as follows: (a) Tenancy in common: the two adjoining owners are tenants in common of the wall, (b) Divided: the wall is divided longitudinally into two strips, one belonging to each of the neighbouring owners, (c) Divided with easements: the wall is divided as in (b), but each half is subject to an easement of support in favour of the owner of the other half, (d) Ownership subject to easement: the wall belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to have it maintained as a dividing wall.” Robert E. Megarry & M,P. Thompson, A Manual of the Law of Real Property 303-04 (6th ed. 1993). wallia (wahl-ee-a), n. [Law Latin] Hist. A wall (such as a mound or bank) erected in marshy areas for protection against the sea; a seawall. Walsh Act. A statute, originally enacted in 1926, giving federal courts the power to subpoena and compel the return, testimony, and (if requested) production of documents or other items of U.S. citizens or residents who are abroad. • The subpoena is available for criminal proceedings, including grand-jury proceedings. 28 USCA § 1783. [Cases: Grand Jury 0=36.2; Witnesses <O->6.] Walsh-Healey Act. A federal law, enacted in 1936, stipulating that government contractors must: (1) pay their workers no less than the prevailing minimum wage; (2) observe the eight-hour day and 40-hour workweek (with time-and-a-half for work exceeding those hours); (3) employ no convict labor and no females under 18 or males under 16 years of age; and (4) maintain sanitary working conditions. 41 USCA §§ 35 et seq. — Also termed Public Contracts Act; Walsh-Healey Public Contracts Act. wampum (worn-pain), n. Hist. Indian money consisting of shells, beads, or animal pelts. • In 1637, it became the first medium of exchange for the New England colonies by order of the General Court of Massachusetts, because England had not provided the colonies with a standard of exchange. The Court ordered that “wampampege should passe at 6 a penny for any sum under 12d.” Wampum was used as the medium of exchange, esp. lor small transactions, until 1652, when the Genera] Court ordered the first metallic currency. Hie last recorded exchange in wampum was in New York in 1701. Wands test. Patents. A judicial test of “undue experimentation” for determining if a patent application’s specification teaches one skilled in the art how to make and work the claimed invention. In re Wands, 858 F.2d 731 (Fed. Cir. 1988). • The test takes account of eight factors: (1) how much experimentation would be needed, (2) how much guidance is given, (3) whether there is a working example, (4) the nature of the invention, (5) the state of the prior art, (6) the level of skill of those in the art, (7) how predictable or unpredictable the art is, and (8) the breadth of the claims. The factors (often called Wands factors') are illustrative rather than mandatory See undue experimentation. [Cases: Patents 099.] wanlass (wahn-las). Hist. An ancient form of tenure requiring the tenant to drive deer to a stand so that the lord can take a shot. — Also spelled watilace. wantage (wahnt-ij), n. A deficiency of something; specif., a vessel’s deficiency of not being full, due to leakage, wanted person. A person sought by a law-enforcement agency because the person has escaped from custody or an arrest warrant has been issued for the person’s arrest. want of amicable demand. Louisiana law. A defensive pleading by a defendant who seeks to avoid, delay or defeat the plaintiff’s petition. • A defendant may (1) refuse to participate in the suit (a declinatory exception), (2) seek to delay the litigation in the suit (a dilatory exception), or (3) seek to dismiss or defeat (he suit (aperemptory exception). See declinatory exception, dilatory exception, peremptory exception under exception (i), want of consideration, (18c) The lack of consideration for a contract. See consideration (i). Cf. failure of consideration. [Cases: Contracts 0=54(1), 84; Sales 0-21.] want of jurisdiction. A court’s lack of power to act in a particular way or to give certain kinds of relief. • A court may have no power to act at all, may lack authority over a person or the subject matter of a lawsuit, or may have no power to act until the prerequisites for its jurisdiction have been satisfied. — Also termed lack of jurisdiction. See jurisdiction. [Cases: Courts 0=39, 40; Federal Courts 0=30,] want of prosecution. (17c) Failure of a litigant to pursue the case <dismissal for want of prosecution>. — Also termed lack of prosecution; no progress. — Abbr. w.o.p. [Cases; Federal Civil Procedure 0= 1758; Pretrial Procedure 581.] want of repair. (17c) A defective condition, such as a condition on a highway making it unsafe for ordinary travel. [Cases: Automobiles 0=252; Municipal Corporations 0=757(1).] wanton (wahn-tan), adj. (14c) Unreasonably or maliciously risking harm while being utterly indifferent to the consequences. • In criminal law, wanton usu. connotes malice (in the criminal-law sense), while reckless does not, Cf. reckless; willful. [Cases; Criminal Law C=23; Negligence 0=275,] “Wanton differs from reckless both as to the actual state of mind and as to the degree of culpability. One who is acting recklessly is fully aware of the unreasonable risk he is creating, but may be trying and hoping to avoid any harm. One acting wantonly may be creating no greater risk of harm, but he is not trying to avoid it and is indifferent to whether harm results or not. Wanton conduct has properly been characterized as ‘vicious’ and rates extreme in the degree of culpability. The two are not mutually exclusive. Wanton conduct is reckless plus, so to speak.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 879-80 (3d ed. 1982). wanton and reckless misconduct. See wanton misconduct under misconduct. wanton misconduct. See misconduct. wanton negligence. See gross negligence under negligence. wantonness, n. (14c) Conduct indicating that the actor is aware of the risks but indifferent to the results. • Wantonness usu. suggests a greater degree of culpability than recklessness, and it often connotes malice in criminal-law contexts. Cf. recklessness. [Cases; Criminal Law 0=20, 23; Damages 0=87(1), 91.5(1); Negligence C~>275.] — wanton, adj. wapentake (wahp-an-tayk or wap-), n. [fr. Saxon waepen “weapons” + tac “touch”] Hist. 1. In some English counties, a division corresponding to the hundred or ward in other counties. See hundred. 2. The court within such a division. 3. A bailiff who works in such a court. war. 1. Hostile conflict by means of armed forces, carried on between nations, states, or rulers, or sometimes between parties within the same nation or state; a period of such conflict <the Gulf War>. • A state of war may also exist without armed conflict; for example, the treaty formally ending the World War II state of war between the United States and Japan was signed seven years after the fighting ended in 1945. [Cases: War and National Emergency 1. | civil war. An internal armed conflict between people of the same nation; esp. (usu. cap.), the war from 1861 to 1865, resulting from the Confederate states’ attempted secession from the Union. imperfect war. A war limited in terms of places, persons, and things. mixed war. A war between a nation and private individuals. perfect war. A war involving an entire nation against another. private war. A war between private persons. public war, A war between two nations under authority of their respective governments. solemn war, A war formally declared — esp. by public declaration — by one country against another. war of aggression. A war that the attacking nation initiates for reasons other than self-defense. • This type of war is considered a crime against international peace under customary international law. 2. A dispute or competition between adversaries <fare wars are common in the airline industry?. 3, A struggle to solve a pervasive problem <America’s war against drugs?. warantizare. See warrantizare. War Clause. (1943) U.S. Const, art. I, § 8, cl. 11—14, giving Congress the power to declare war. — Also termed War Powers Clause. See war power. [Cases: War and National Emergency 0=2.] war contribution. Int’l law. An extraordinary payment imposed by an occupying power on the population of an occupied territory during wartime. — Often shortened to contribution. [Cases: War and National Emergency O= 14.] war crime. Conduct that violates international laws governing the conduct of international armed conflicts. • Examples of war crimes are the killing of hostages, abuse of civilians in occupied territories, abuse of prisoners of war, and devastation that is not just ified by military necessity. [Cases: War and National Emergency Oil.] ward. (15c) 1. A person, usu. a minor, who is under a guardian’s charge or protection. See guardian (l). [Cases: Guardian and Ward <01, 9.5.] permanent ward. (1927) A ward who has been assigned a permanent guardian, the rights of the natural parents having been terminated by a juvenile court. [Cases: Guardian and Ward C=9.5; Infants O= 155.] temporary ward. (1901) A minor who is under the supervision of a juvenile court but whose parents’ parental rights have not been terminated. [Cases: Infants 151.1. ward-in-chancery. Hist, An infant under the superintendence of the chancellor. ward of admiralty, A seaman — so called because of the legal view that a seaman, in contractual matters, should be treated as a beneficiary and the other contracting party as a fiduciary because of the perceived inequitability of their bargaining positions. [Cases: Seamen O™' 1.] ward of the state. (1832) A person who is housed by, and receives protection and necessities from, the government. — Also termed state’s ward. 2. A territorial division in a city, usu. defined for purposes of city government. [Cases: Municipal Corporations 0=40.] 3. The act of guarding or protecting something or someone. 4, Archaic. One who guards. 5. castle-guard. — Formerly also termed warda. warda (wor-da), n. [Law Latin] Hist. Wardship; guardianship. wardage. See wardpenny. warden. (13c) 1. A person in charge of something <game warden> <port warden;-; esp., the official in charge of a prison, jail, or park cprison warden> <game warden;-, [Cases; Prisons 0=390.] 2. sergeant-at-arms (4). warden of the cinque ports (singk ports). Hist. A magistrate with jurisdiction over the five cinque ports. • This office was created in imitation of the Roman policy of strengthening coasts against enemies. The warden, formally called the Lord Warden, presided over the Court of the Lord Warden of the Cinque Ports, which was created in the 14th century and, over time, variously exercised civil, equity, and admiralty jurisdiction. — Formerly termed guardian of the cinque ports. See CINQUE PORTS. W'ard holding. Scots law. The feudal tenure known in England as knight service. See knight service. w'ard-horn. Hist. The duty of keeping watch and ward with a horn to blow in the event of a surprise. See WATCH AND WARD. ward-in-chancery. See ward. wardite. Hist. A line that a tenant was required to pay upon failing to fulfill the duty of castle-guard. See castle-guard. wardmote (word-moht). Hist. 1. A court maintained in every London ward. — Also termed wardmote court; inquest. 2. A meeting of a ward, tvard of admiralty. See ward. ward of the state. See ward, wardpenny, n. Hist. 1. Money paid in lieu of military service. 2. Money paid to the sheriff or castellans in exchange for watching and warding a castle. — Also termed wardage; warth. wardship. (15c) 1. Guardianship of a person, usu. a minor. [Cases: Guardian and WardC=>l.[ 2. The condition of being a ward. 3. Hist. The right of the feudal lord to guardianship of a deceased tenant’s minor heir until the heir reached the age of majority. — Also termed (in senses 1 & 3) guardage. wardship in chivalry. Wardship as a feudal incident to the tenure of knight-service. wardship in copyholds. Wardship by which the lord is guardian of an infant tenant by special custom. tvardstaff, n. Hist. A staff carried by an authority; esp., a constable’s or watchman’s staff. wardwit, n. Hist. 1. An immunity or exemption from the duty of warding or contributing to warding. 2. A fine for failing to watch and ward. — Also termed warwit; wardwite. warectare (wor-ak-tair-ee), vb. [Law Latin “to let lie fallow”] Hist. To plow land in the spring and then let it lie fallow for a better wheat crop the next year. warehouse. A building used to store goods and other items. bonded warehouse. A special type of private warehouse used to store products subject to customs duties. See WAREHOUSE SYSTEM. warehouse book. A book used by merchants to account for quantities of goods received, shipped, and in stock. warehouseman. See warehouser. warehouseman’s lien. See warehouser’s lien under lien. warehouser. One who, as a business, keeps or stores the goods of another for a fee. • The transaction in which a warehouser engages is a bailment for the benefit of both parties, and the bailee is liable for ordinary negligence. — Also termed warehouseman. See bailee. [Cases: Warehousemen warehouse receipt. A document evidencing title to goods stored with someone else; esp., a receipt issued by a person engaged in the business of storing goods for a fee. • A warehouse receipt, which is considered a document of title, may be a negotiable instrument and is often used for financing with inventory as security. See bailment. [Cases: Warehousemen C=> 11.] warehouser’s lien. See lien. warehouse system. A system of maintaining bonded warehouses so that importers can either store goods for reexportation without paying customs duties or store the goods without paying duties until the goods are removed for domestic consumption. See bonded warehouse under warehouse. warehouse-to-warehouse cover. Insurance coverage for goods protecting against damage at any time during the shipping process, including the loading and unloading of the goods. See complete-operation rule. Cf. coming-to-rest doctrine. [Cases: Insurance O= 2681.] warehousing, 1. A mortgage banker’s holding of mortgages until the resale market improves. 2. A corporation’s giving of advance notice of a tender offer to institutional investors, who can then buy stock in the target company before public awareness of the takeover inflates the stock’s price. See tender offer. warfare. 1, The act of engaging in war or military conflict. See war. [Cases: War and National Emergency C=-9.[ 2, Loosely, the act of engaging in any type of conflict. biological warfare. The use of biological or infectious agents in war, usu. by delivering them via airplanes or ballistic missiles. Cf. chemical warfare, biochemical warfare. Warfare in which both biologi- cal and chemical weapons are used. See biological warfare, chemical warfare. chemical warfare. Warfare in which deadly chemical agents, such as nerve gas, are used as weapons, usu. by delivering the chemicals via shells, missiles, or bombs, • Chemical weapons were first used in World War I. The first international treaty forbidding the use of both chemical and biological weapons, the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Biological Methods of Warfare was signed in 1925 and came into force in 1928, The United States is a signatory but with reservations, Cf. biological warfare. economic warfare. 1. A hostile relationship between two or more countries in which at least one tries to damage the other’s economy for economic, political, or military ends, 2. The collective measures that might be taken to achieve such ends. [Cases: War and National Emergency [12, 14.] guerrilla warfare. Hostilities that are conducted by individuals or small groups who are usu. not part of an organized army and who fight by means of surprise attacks, ambushes, and sabotage, • Formerly, it was thought that the hostilities had to be conducted in enemy-occupied territory. Typically, guerrilla warfare is carried out only when geographical conditions are favorable and when the civilian population is at least partly cooperative. land warfare. Hostilities conducted on the ground, as opposed to at sea or in the air. war-mongering propaganda. See propaganda. WARN (worn), abbr. worker adjustment and RETRAINING NOTIFICATION ACT. warning, (bef. 12c) The pointing out of a danger, esp. to one who would not otherwise be aware of it. • State and federal laws (such as 21 USCA § 825) require warning labels to be placed on potentially dangerous materials, such as drugs and equipment. [Cases: Products Liability Ol 33.] adequate warning. (1885) A warning that reasonably alerts a product’s average user to a potential hazard, and the nature and extent of the danger. • Four elements have been articulated as comprising an adequate warning: (1) notice that a severe hazard exists, (2) a description of the hazard’s nature, (3) a description of the hazard’s possible consequences, and (4) instructions on how to avoid the hazard. In addition, the warning must be prominently displayed, and may have to illustrate the nature and severity of the hazard with pictographs. [Cases: Products Liability 0133.] warnistura (wor-na-st[y]oor-a), n. [LawLatin] Hist. Furniture; provision. warnoth (wor-noht). Hist. A defunct custom by which a tenant who failed to pay rent on a set day had to pay double the amount due, and on failing a second time had to pay triple (and so on). war of aggression. See war. war power. (18c) The constitutional authority of Congress to declare war and maintain armed forces (U.S. Const, art. 1, § 8, cis. 11-14), and of the President to conduct war as commander-in-chief (U.S. Const, art. 11, § 2, cl. 1). [Cases: War and National Emergency 0=2] War Powers Clause, See war clause. war-powers resolution. (1954) A resolution passed by Congress in 1973 (over the President’s veto) restricting the President’s authority to involve the United States in foreign hostilities without congressional approval, unless the United States or one of its territories is attacked. 50 USCA §§ 1541-1548. [Cases: War and National Emergency =37] warrandice (wahr-sn-dis or -dis). Scots law. An obligation to indemnify the grantee or buyer of land if another person establishes a superior title and takes possession. personal warrandice. An obligation to indemnify that binds the grantor and the grantor’s heirs. real warrandice. An obligation by which certain lands are made over as security for lands conveyed to the grantee and will be transferred to the grantee if he or she is evicted from the conveyed lands by a third party. warrant, n. (14c) 1. A writ directing or authorizing someone to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure. administrative warrant. (1951) A warrant issued by a judge at the request of an administrative agency, • This type of warrant is sought to conduct an administrative search. See administrative search under search. — Also termed administrative search warrant. [Cases: Searches and Seizures O= 129.] anticipatory search warrant. See search warrant. arrest warrant. (1894) A warrant, issued only on probable cause, directing a law-enforcement officer to arrest and bring a person to court. — Also termed warrant of arrest. [Cases: Criminal Law <0215220] bench warrant. (17c) A writ issued directly by a judge to a law-enforcement officer, esp, for the arrest of a person who has been held in contempt, has been indicted, has disobeyed a subpoena, or has failed to appear for a hearing or trial. • A bench warrant is often issued for the arrest of a child-support obligor who is found in contempt for not having paid the support obligation. [Cases: Criminal Law0=263] blanket search warrant. See search warrant. border warrant. A writ of arrest or other warrant con- cerning debts owed, issued on one side of a national border for execution on the other side; esp., such a warrant issued on either side of the border between England and Scotland. commitment warrant. See warrant of commitment, death warrant. (18c) A warrant authorizing a warden or other prison official to carry out a death sentence. • A death warrant typically sets the time and place for a prisoner’s execution. [Cases: Sentencing and Punishment 1795] distress warrant. (18c) 1. A warrant authorizing a court officer to distrain property. See distress. 2. A writ allowing an officer to seize a tenant’s goods for failing to pay rent due to the landlord. [Cases: Landlord and Tenant 0=270(6)] escape warrant. (18c) 1. A warrant directing a peace ! officer to rearrest an escaped prisoner. 2. Hist. A j warrant granted to retake a prisoner who had escaped from a royal prison after being committed there. • The warrant was obtained on affidavit from the judge of the court in which the action had been brought, and was directed to all sheriffs throughout England, commanding them to retake and commit the prisoner to the nearest jail. extradition warrant, (1876) A warrant for the return of a fugitive from one jurisdiction to another. Cf. rendition warrant. [Cases; Extradition and Detainers 12,36.] fugitive warrant. (1900) A warrant authorizing law-enforcement officers to take into custody a person who has fled from one state to another to avoid prosecution or punishment. general warrant. (16c) 1. Hist. A warrant issued by the English Secretary of State for the arrest of the author, printer, or publisher of a seditious libel, without naming the persons to be arrested. • General warrants were banned by Parliament in 1766. “A practice had obtained in the secretaries office ever since the restoration, grounded on some clauses in the acts for regulating the press, of issuing general warrants to take up (without naming any person in particular) the authors, printers and publishers of such obscene or seditious libels, as were particularly specified in the warrant. When those acts expired in 1694, the same practice was inadvertently continued, in every reign and under every administration, except the four last years of queen Anne, down to the year 1763; when such a warrant being issued to apprehend the authors, printers and publishers of a certain seditious libel, its validity was disputed; and the warrant was adjudged by the whole court of king’s bench to be void, in the case of Money v. Leach. Trin. 5 Geo. Ill, E.R. After which the issuing of such general warrants was declared illegal by a vote of the house of commons." 4 William Blackstone, Commentaries on the Laws of England 288 n.i (1769). 2, A warrant giving a law-enforcement officer broad authority to search and seiz,e unspecified places or persons; a search or arrest warrant that lacks a sufficiently particularized description of the person or thing to be seized or the place to be searched. • General warrants are unconstitutional because they fail to meet the Fourth Amendment’s specificity requirements. “But though there are precedents of general warrants to search all suspected places for stolen goods, these are not at common law legal, because it would be extremely dangerous to leave it to the discretion of a common officer to arrest what person, or search what houses he thinks fit. And in the great case of Money v. Leach, it was declared by Lord Mansfield, that a warrant to search for, and secure the person and papers of the author, printer and publisher of a libel, is not only illegal in itself, but is so improper on the face of it, that it will afford no justification to an officer acting under its sanction. And by two resolutions of the House of Commons such general warrants were declared to be invalid." 1 Joseph Chitty, A Practical Treatise on the Criminal Law 66 (2d ed. 1826). John Doe warrant. (1900) A warrant for the arrest of a person whose name is unknown. • A John Doe warrant may be issued, for example, for a person known by sight but not by name. This type of warrant is permitted in a few states, but not in federal practice. justice’s warrant. See peace warrant. landlord’s warrant. (1824) A type of distress warrant from a landlord to seize the tenant’s goods, to sell them at public sale, and to compel the tenant to pay rent or observe some other lease stipulation. See distrain; distress. no-knock search warrant. See search warrant. outstanding warrant. (1899) An unexecuted arrest warrant. peace warrant. (18c) A warrant issued by a justice of the peace for the arrest of a specified person. — Also termed justice’s warrant. possessory warrant. (1850) A process, similar to a search warrant, used under certain circumstances by a plaintiff to search for and recover property wrongfully taken or held by another. preliminary warrant. (1859) A warrant to bring a person to court for a preliminary hearing on probable cause. probation-violation warrant. See violation warrant, rendition warrant. (1881) A warrant requesting the extradition of a fugitive from one jurisdiction to another. Cf. extradition warrant. [Cases; Extradition and Detainers C^lb, 36.] search warrant. See search warrant. surreptitious-entry warrant. (1985) A warrant authorizing a law officer to enter and observe an ongoing criminal operation (such as an illegal drug lab). tax warrant. (18c) An official process issued for collecting unpaid taxes and under which property may be seized and sold. valid warrant. A warrant that is regular in form and is issued by a court, body, or official having both the authority to issue the warrant for the purpose slated and jurisdiction over the person named, all the requisite proceedings for its proper issuance having taken place. [Cases; Searches and Seizures 101..] violation warrant. A warrant issued for the arrest of a convict who has violated the terms of probation, parole, or supervised release. — Also termed (narrowly) probation-violation warrant. [Cases: Pardon and Parole 0^81; Sentencing and Punishment 7 2012.' warrant of arrest. See arrest warrant. warrant of commitment. A warrant committing a person to custody. — Also termed commitment warrant. warrant upon indictment or information, (1903) An arrest warrant issued at the request of the prosecutor for a defendant named in an indictment or information. Fed. R. Crim. P. 9. 2. A document conferring authority, esp. to pay or receive money. deposit warrant. A warehouse receipt used as security for a loan. dock warrant. See dock receipt. interest warrant. 1. An order by a corporation direct- ing a bank to pay the interest due on a note, bond, or other debt to a corporate creditor. 2. A document by which a creditor, usu. a company, asks an insurer to pay all the interest due on the insurer’s notes, bonds, or other debts held by the creditor. municipal warrant. An order to draw money from a municipality’s treasury for the payment of the municipality’s expenses or debts. [Cases: Municipal Corporations O?’895.] tax-anticipation warrant. A warrant that is issued to raise public money and that is payable out of tax receipts when collected. treasury warrant. An order in the form of a check on which government disbursements are paid. [Cases: United States C~-87.] 3. An order by which a drawer authorizes someone to pay a particular sum of money to another. [Cases: Bills and Notes C^>1,] county warrant. A warrant drawn by a county official, directing the county treasurer to pay a sum of money out of county funds to bearer, to a named individual, or to the named individual’s order. [Cases: Counties Ol63.| 4. Securities. An instrument granting the holder a longterm (usu. a five- to ten-year) option to buy shares at a fixed price. • It is commonly attached to preferred stocks or bonds. — Also termed stock warrant-, subscription warrant. [Cases: Corporations 'C?72.| warrant, vb. (14) 1. To guarantee the security of (realty or personalty, or a person) <the store warranted the safety of the customer’s jewelry?. 2. To give warranty of (title); to give warranty of title to (a person) <the seller warrants the property’s title to the buyer?, [Cases: Covenants 0^45,67.] 3. To promise or guarantee <warrant payment?. “Even today lawyers use the verb ‘to warrant’ meaning to promise without necessarily indicating that the promise is a warranty." P.S. Atiyah, An Introduction to the Law of Contract 145 n.l (3d ed. 1981). 4, To justify <the conduct warrants a presumption of negligence?. 5. To authorize <the manager warranted the search of the premises?. warrant arrest. See lawful arrest under arrest. Warrant Clause. (1962) The clause of the Fourth Amend- ment to the U.S. Constitution requiring that warrants be issued only on probable cause. [Cases: Arrest 63.1; Searches and Seizures 0=23, 24.] warrant creditor. See creditor. warranted arrest. See arrest. warranted search. See search. warrantee (wor-an-tee or wahr-). A person to whom a warranty is given; esp., a person who receives a written warranty • The term also sometimes applies to the beneficiary of an implied warranty. warrantia chartae. See de warrantia chartae. warrantia custodiae (wa-ran-shee-a ka stoh-dee-ee), n. [Law Latin] Hist. A writ for a purchaser of land held in knight’s service against the seller (and heirs), who had warranted that the land was free of wardship when a wardship was later claimed. warrantia diei. See de warrantia diei. warrantizare (wor-an-ta-zair-ee), vb. [Law Latin] Hist. To warrant by covenant (in a deed of conveyance) to defend the grantee’s title and possession. — Also spelled warantizare. warrantless arrest. See arrest. warrantless search. See search. warrant of arrest. See arrest warrant under warrant (i). warrant of attorney. 1. power of attorney (i). 2. Archaic. Written authority given by a client to a lawyer to appear in court and to confess judgment in favor of a specified party. • It usu. instructed the attorney not to bring any action, seek a writ of error, or file a bill in equity that might delay the judgment. The warrant was typically given as security for an obligation on which judgment was authorized. Cf. confession of judgment; cognovit. [Cases: Federal Civil Procedure C=>2396; Judgment 0^43.] “A warrant of attorney was not required to be under seal, though it generally was so. In order to guard against any imposition in procuring debtors to execute warrants of attorney or cognovits in ignorance of the effect of such instruments, it is provided that a warrant of attorney to confess judgment in any personal action, or cognovit actionem, given by any person, shall not be of any force, unless there is present some attorney of one of the superior courts on behalf of such person, expressly named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed . . . ."Joshua Williams, Principles of the Law of Personal Property 125 (11th ed. 1881). warrant of commitment. See warrant (i). warrant of confession. See confession of judgment. warrant officer. 1. officer (2). 2. sergeant-at-arms (4). warrantor (wor-an-tor or -tar or wahr-). (15c) A person who gives a written warranty or becomes obligated under an implied warranty. See 15 USCA § 2301(5). warrant recall, n, A procedure for removing from government computers information about canceled warrants in order to avoid repeated or mistaken arrests. warrant to sue and defend. Hist. 1. Written authority given by a client to a lawyer to authorize commencement or defense of a lawsuit. 2. A special warrant from the Crown authorizing a party to appoint an attorney to sue or defend on the party’s behalf. warrant upon Indictment or information. See warrant (i). warranty (wor-an-tee or wahr-), n. (14c) 1. Property. A covenant by which the grantor in a deed promises to secure to the grantee the estate conveyed in the deed, and pledges to compensate the grantee if the grantee is evicted by someone having better title. • The covenant is binding on the grantor’s heirs. Historically, a warrantor was expected to turn over land. But cash compensation could be substituted. See covenant (4). Cf. quitclaim deed under deed. (Cases: Covenants <045, 67.] collateral warranty. (16c) A warranty that is made by a stranger to the title, and that consequently runs only to the covenantee and not with the land. [Cases: Covenants O>45, 67.] general warranty. (17c) A warranty against the claims of all persons. [Cases: Covenants <047, 67.] lineal warranty. Hist. A warranty existing when an heir derives title to land from the warrantor; a warranty from the same ancestor as the one from whom the land derived. special warranty. (17c) A warranty against any person’s claim made by, through, or under the grantor or the grantor’s heirs. [Cases: Covenants <048, 67.] 2. Contracts. An express or implied promise that something in furtherance of the contract is guaranteed by one of the contracting parties; esp., a seller’s promise that the thing being sold is as represented or promised. • Although a court may treat a misrepresentation as an implied warranty, in general a warranty differs from a representation in four principal ways: (I) a warranty is conclusively presumed to be material, while the burden is on the party claiming breach to show that a representation is material; (2) a warranty must be strictly complied with, while substantial truth is the only requirement for a representation; (3) a warranty is an essential part of a contract, while a representation is usu. only a collateral inducement; and (4) an express warranty is usu. written on the face of the contract, while a representation maybe written or oral. Cf, condition (2), (3); guarantee (1), [Cases: Contracts <3= 205.5; Sales 0246-288.5.] “[T]wo points must be borne in mind. In the first place, the words ‘condition’ and ‘warranty' are not invariably kept as distinct as accuracy of definition demands; and in insurance law especially 'warranty' is very commonly used in the sense ascribed to 'condition'.... In the second place, the injured party, if he chooses to waive his right to repudiate the contract on breach of a condition, may still bring an action for such damages as he has sustained," William R, Anson, Principles of the Law of Contract 223 (Arthur L. Corbin ed., 3d Am. ed. 1919). “The terms 'warranty' and 'condition' are generally used interchangeably, for all practical purposes, and they refer to representations or promises by the insureds, incorporated into the contract itself, on the truthfulness or fulfillment of which it is agreed that the rights of the insured shall depend. The primary differences between a mere representation and a warranty or condition are (1) while the insurer has the burden of proving the materiality of a misrepresentation before it will be grounds for avoidance, the materiality of a warranty or condition is conclusively presumed; and (2) while a representation will not be grounds for avoidance as long as it is substantially true, a warranty or condition must be strictly complied with in order to preclude avoidance. As with the majority view in representations, good or bad faith on the part of the insured is irrelevant.” John F. Dobbyn, Insurance Law in a Nutshell 201 (3d ed. 1996). as-is warranty. (1976) A warranty that goods are sold with all existing faults. See as is. [Cases: Sales <O 267.] construction warranty. (1968) A warranty from the seller or building contractor of a new home that the home is free of structural, electrical, plumbing, and other defects and is fit for its intended purpose. [Cases: Contracts <0205.35(2).] deceptive warranty. (1975) A warranty containing false or fraudulent representations or promises. [Cases: Antitrust and Trade Regulation <0204.] express warranty. (17c) A warranty created by the overt words or actions of the seller. • Under the UCC, an express warranty is created by any of the following: (1) an affirmation of fact or promise made by the seller to the buyer relating to the goods that becomes the basis of the bargain; (2) a description of the goods that becomes part of the basis of the bargain; or (3) a sample or model made part of the basis of the bargain. UCC § 2-313. [Cases: Contracts <0205.10; Sales C™ 259.] “An express warranty arises from the contract itself, from the ‘dickered1 aspects of the individual bargain. Any affirmation or promise relating to the goods, any description of the goods, and any sample or model of the goods becomes an express warranty if it is ‘part of the basis of the bargain.'” I Julian B. McDonnell & ElizabethJ. Coleman, Commercial and Consumer Warranties H 1.02[l], at 1-7 (1991). extended warranty. (1936) An additional warranty often sold with the purchase of consumer goods (such as appliances and motor vehicles) to cover repair costs not otherwise covered by a manufacturer’s standard warranty, by extending either the standard-warranty coverage period or the range of defects covered. — Also termed extended service warranty, extended service contract. [Cases: Sales <0279.] full warranty. A warranty that fully covers labor and materials for repairs. • Under federal law, the warrantor must remedy the consumer product within a reasonable time and without charge after notice of a defect or malfunction. 15 USCA § 2304. See magnuson-moss warranty act. Cf. limited warranty. [Cases; Antitrust and Trade Regulation -., 204.] implied warranty. (18c) An obligation imposed by the law when there has been no representation or promise; esp., a warranty arising by operation of law because of the circumstances of a sale, rather than by the seller’s express promise. [Cases: Contracts <O’ 205.15; Sales 0262.5.] implied warranty of fitness for a particular purpose. (1923) A warranty — implied by law if the seller has reason lo know of the buyer’s special purposes for the item — that the item is suitable for those purposes. — Sometimes shortened to warranty of fitness. [Cases: Contracts €=205.15(3); Sales €=>273(1).] “Those unfamiliar with the differences between the warranty of merchantability (fitness for the ordinary purposes for which such goods are used) and the warranty of fitness for a particular purpose often confuse the two: one can find many opinions in which the judges used the terms ‘merchantability1 and ‘fitness for a particular purpose’ interchangeably. Such confusion under the Code is inexcusable." 1 James J. White & Robert S. Summers, Uniform Commercial Code § 9-10, at 527 (4th ed. 1995). implied warranty of habitability. (1900) In a residential lease, a warranty from the landlord to the tenant that the leased property is fit to live in and that it will remain so during the term of the lease. — Also termed covenant of habitability. • This warranty usu. applies to residential property, but a few courts, esp. in Utah, have applied it to commercial property as well. [Cases: Landlord and Tenant €= 125(1).] implied warranty of merchantability. (1896) A merchant seller’s warranty — implied by law — that the thing sold is fit for its ordinary purposes. • Under the UCC, an implied warranty of merchantability arises whenever a merchant sells goods unless the agreement expressly provides otherwise. UCC 2- 314. — Sometimes shortened to warranty of merchantability. [Cases: Contracts €=205.15(3); Sales €=’272.] “The implied warranty of merchantability attaches when the seller is a merchant with respect to the goods involved in the exchange. Accordingly, the product must meet certain standards; it must pass without objection in the trade under the contract description and it must be fit for the ordinary purposes for which such goods are used. The concepts of marketability, operability, and repairability have emerged as varying criteria for merchantable goods.” 1 Julian B. McDonnell & ElizabethJ. Coleman, Commercial and Consumer Warranties U 1.02[l], at 1-7 (1991). limited warranty. (1871) A warranty that does not fully cover labor and materials for repairs. • Under federal law, a limited warranty must be clearly labeled as such on the face of the warranty. See magnuson-moss warranty act. Cf.full warranty. [Cases: Sales €=279.] personal warranty. (18c) A warranty arising from an obligation to pay all or part of the debt of another. presentment warranty. (1965) An implied promise concerning the title and credibility of an instrument, made to a payor or acceptor upon presentment of the instrument for payment or acceptance. UCC §§ 3-417, 3- 418. [Cases; Banks and Banking €=>149, 174; Bills and Notes €=296, 326.] transfer warranty. (1964) 1. An implied promise concerning the title and credibility of an instrument, made by a transferor to a transferee and, if the transfer is by indorsement, to remote transferees. UCC §§ 3-417,4-207. [Cases: Banks and Banking €= 149,174; Bills and Notes €=296, 326.J 2. A warranty made by a transferee of a document of title upon a transfer of the document for value to the immediate transferee. UCC § 7-507. [Cases: Carriers €=>58.] warranty ab initio (ab i-nish-ee-oh). (12006) An independent subsidiary promise whose breach does not discharge the contract, but gives to the injured party a right of action for the damage sustained as a result of the breach. • Ab initio means that the warranty existed from the contract’s inception. Cf. warranty ex post facto. [Cases: Contracts €-318; Sales €=282.] warranty against infringement. A merchant’s warranty that the goods being sold or licensed do not violate any patent, copyright, trademark, or other intellectual-property claim. • The warranty does not arise if the buyer provides the seller with the specifications for the goods purchased. Under § 2-312(3) of the Uniform Commercial Code, the warranty against infringement is a part of the warranty of title unless it is explicitly disclaimed. warranty ex post facto (eks pohst fak-toh). (1961) A broken condition for which the injured party could void the contract, but decides instead to continue the contract, with a right of action for the broken condition (which amounts to a breached warranty). • The warranty is ex post facto because it was not originally part of the contract. It arises only after the injured party elects to continue the contract, thereby reducing the broken condition to a breached warranty. See condition (2). Cf. warranty ab initio. [Cases: Contracts €=318; Sales €=282.] warranty of actual title. See warranty of title, warranty of assignment. (18c) An assignor’s implied warranty that he or she (1) has the rights assigned, (2) will do nothing to interfere with those rights, and (3) knows of nothing that impairs the value of the assignment. [Cases: Assignments €=97.] warranty of authorship. Copyright. An author's contractual warranty that the work is an original work by that author. [Cases: Copyrights and Intellectual Property €=>49.] warranty of fitness. See implied warranty of fitness for a particular purpose. warranty of merchantability. See implied warranty of merchantability. warranty of title. (18c) A warranty that the seller or assignor of property has title to that property, that the transfer is rightful, and that there are no liens or other encumbrances beyond those that the buyer or assignee is aware of at the time of contracting. • This warranty arises automatically whenever anyone sells goods. — Also termed warranty of actual title. [Cases: Covenants €=>38-48, 62-67; Sales €7=263.] written warranty. (1807) A warranty made in writing; specif., any written affirmation or promise by a supplier of a consumer product to a buyer (for purposes other than resale), forming the basis of the bargain and providing that the material or workmanship is free of defects or will be repaired or replaced free of charge if the product fails to meet the required specifications. 15 USCA § 2301. [Cases; Sales €= 260.] T2K warranty. See Y2K warranty. 3. Insurance. A pledge or stipulation by the insured that the facts relating to the person insured, the thing insured, or the risk insured are as stated. [Cases: Insurance 02967, 3036.| affirmative warranty. A warranty — express or implied — that facts are as stated at the beginning of the policy period. • An affirmative warranty is usu. a condition precedent to the pol icy taking effect. [Cases: Insurance ’0^2967,] executory warranty. A warranty that arises when an insured undertakes to perform some executory stipulation, such as a promise that certain acts will be done or that certain facts will continue to exist. [Cases: Insurance <03036.] promissory warranty. A warranty that facts will continue to be as stated throughout the policy period, such that a failure of the warranty provides the insurer with a defense to a claim under the policy. — Also termed continuing warranty. [Cases: Insurance <(O 3036.] warranty clause. 1. A contractual clause containing a warranty. 2. Oil dr gas. A provision in an oil-and-gas lease by which the lessor guarantees that title is without defect and agrees to defend it. • If the warranty is breached, the lessor may be held liable to the lessee to the extent that the lessor has received payments under the lease. Presence of a warranty in an oil-and-gas lease may also cause after-acquired interests to pass from the lessor to the lessee by application of estoppel by deed. [Cases: Estoppel 23; Mines and Minerals 73,1(5).] warranty deed. See deed. warren (wor-an or wahr-an). 1. A place for the preservation of certain wildlife (such as pheasants, partridges, or rabbits). 2. A privilege to keep wildlife or game in a warren. 3. The area to which the privilege extends, free warren. A warren privilege giving the grantee the sole right to kill the wildlife to the extent of the grantee’s warren area. — Also termed libera warrena. “Free warren is a . . . franchise, erected for preservation or custody ... of beasts and fowls of warren; which being ferae naturae, every one had a right to kill as he could; but upon the introduction of the forest laws .. . these animals being looked upon as royal game and the sole property of our savage monarchs, this franchise of freewarren was invented to protect them; by giving the grantee a sole and exclusive power of killing such game ... on condition of his preventing other persons. A man therefore that has the franchise of warren is in reality no more than a royal gamekeeper; but no man, not even a lord of a manor, could by common law justify sporting on another's soil, or even on his own, unless he had the liberty of free warren." 2 William Blackstone, Commentaries on the Laws of England 38-39 (1766). war-risk insurance. See insurance. Warsaw Convention. Int'l law. A treaty (to which the United States is a party) negotiated in Warsaw, Poland, in 1929, consisting of uniform rules governing claims made for personal injuries arising out of international air travel. Cf. Montreal agreement. [Cases: Carriers O>307; Treaties C^;8.[ “Under the [Warsaw] Convention ... air carriers are absolutely liable up to a preset monetary ceiling for any accident in which a passenger suffers bodily injury or death, as long as the accident took place on board the aircraft or in the process of any of the operations of embarking or disembarking. The Convention limits the liability of the carrier for each passenger to the sum of 125,000 francs, unless the carrier and passenger by special contract agree to a higher limit of liability, or unless it can be established that the carrier has been guilty of ‘willful misconduct.’ The Convention contains a two-year time limitation for bringing suit, and also absolves the carrier from liability upon a showing of due care on its part." 8A Am. Jur. 2d Aviation § 149, at 160-61 (1997). warship. Int’l law. A ship commissioned by a nation’s military operating with a military command and crew and displaying the nation’s flag or other external marks indicating its country of origin. • Under international maritime laws, warships are not subject to many of the safety and environmental regulations that apply to shipping vessels and passenger ships. warth. See wardpenny. warwit. See wardwit. war zone. Int’I law. A designated area, on land or at sea, within which the rights of neutral countries are not respected by belligerent countries. [Cases: War and National Emergency C~*32.] wash, n. 1. A situation in which two effects offset each other. • For example, if an event produces gross income and also a deduction in the same amount so that taxable income is unchanged, the event creates a wash. 2. The shallow part of a river or the arm of a sea; the sand, rocks, and gravel washed down by a mountain stream and deposited on level land near the mouth of a canyon. wash sale. See sale. wash transaction. See wash sale under sale, waste, n. (15c) I. Permanent harm to real property com- mitted by a tenant (for life or for years) to the prejudice of the heir, the reversioner, or the remainderman. • In the law of mortgages, any of the following acts by the mortgagor may constitute waste: (1) physical damage, whether intentional or negligent, (2) failure to maintain and repair, except for repair of casualty damage or damage caused by third-party acts, (3) failure to pay property taxes or governmental assessments secured by a lien ha ving priority over the mortgage, so that the payments become delinquent, (4) the material failure to comply with mortgage covenants concerning physical care, maintenance, construction, demolition, or casualty insurance, or (5) keeping the rents to which the mortgagee has the right of possession. — Also termed devastation; vastum. [Cases: Waste O=>1.[ “The old action of waste was a mixed action, being founded in part on the statute of Gloucester (A.D, 1278), which provided that 'he which shall be attainted of waste shall lose the thing wasted, and moreover shall recompense thrice as much as the waste shall be taxed at.’ The action was to recover the land in which waste had been done and the treble damages. The statute of Gloucester was imported into this country, but many variant statutes now regulate the subject.” Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure I3 (2d ed. 1899). active waste. See commissive waste. affirmative waste. See commissive waste. ameliorating waste (a-meel-ys-ray-ting). (1927) A lessee’s unauthorized change to the physical character of a lessor’s property — technically constituting waste, but in fact resulting in improvement of the property. • Generally, equity will not enjoin such waste. — Also termed ameliorative waste. commissive waste (ka-mis-iv). (1868) Waste caused by the affirmative acts of the tenant. — Also termed active waste; affirmative waste; voluntary waste. [Cases: Landlord and Tenant C~'55(2).] double waste. Hist. The destruction occurring when a tenant having a duty to repair allows a house to deteriorate, and then unlawfully cuts down timber to repair it. economic waste. See economic waste. equitable waste. (1842) Waste that abuses a privilege of nonimpeachability at common law, for which equity will restrain the commission of willful, destructive, malicious, or extravagant waste; esp., waste caused by a life tenant who, although ordinarily not responsible for permissive waste, flagrantly damages or destroys the property. [Cases; Waste C—M.] “A life tenant with the benefit of an express exemption from liability forvoluntary waste will nevertheless be restrained in equity from committing acts of flagrant destruction to the premises; hence the (seemingly paradoxical) term, ‘equitable waste’. A life tenant who has engaged in, or who threatens to engage in, reprehensible acts of voluntary waste will not be permitted unconscientiously to shield behind his legal right to commit waste to the detriment of those next entitled to enjoyment of the property, for this would be to abuse the legal right.” Peter Butt, Land Law 114-15 (2d ed. 1988). permissive waste. (17c) A tenant’s failure to make normal repairs to property so as to protect it from substantial deterioration. [Cases: Waste 0^3.] voluntary waste. (16c) Waste resulting from some positive act of destruction. See commissive waste. [Cases: Waste C=> 1.] “Voluntary waste. This involves some positive act of injury to the property, diminishing its value for the person next in succession; it is a deliberate and active change to the property. Examples are altering the character of premises by demolishing internal walls and fittings or opening and working a mine on the land (but not working a mine already opened, for the pre-existence of the mine shows an intention on the part of the grantor that the profits from the mine are to be enjoyed by the life tenant). A life tenant is liable for voluntary waste, unless the instrument conferring the interest expressly exempts liability for voluntary waste.” Peter Butt, Land Law 114 (2d ed. 1988). 2. Refuse or superfluous material, esp. that remaining after a manufacturing or chemical process <toxic waste>. hazardous waste. (1974) Waste that — because of its quantity, concentration, or physical, chemical, or infectious characteristics — may cause or significantly contribute to an increase in mortality or otherwise harm human health or the environment. 42 USCA § 6903(5). — Also termed hazardous substance. [Cases: Environmental Law C-->427.[ toxic waste. (1964) Hazardous, poisonous substances, such as dichlorodiphenyltrichloroethane (DDT). • Most states regulate the handling and disposing of toxic waste, and several federal statutes (such as the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCI.A), 42 USCA §§ 9601-9657) regulate the use, transportation, and disposal of toxic waste. [Cases: Environmental Law 0427.] waste book. A merchant’s book for making rough entries of transactions before posting them into a journal. — Also termed blotter. wasted vote. See vote (l). wastewater. See water. wasting asset. See asset. wasting property. See proper ty. wasting trust. See trust. waster, n. Hist. A type of thief, classified in a statute of Edward III with marauding vagabonds and burglars who entered premises by lifting door latches. 5 Edw. 3, ch. 14. watch, n. Maritime law. 1. A division of a ship’s crew <port or starboard watch>. [Cases: Collision Orj77, 81, 99.] 2. The division of the day into time periods of service by officers and the crew <four-hour watch>. watch, vb. Hist. To stand guard during the night, watch and ward, n. Hist. A feudal duty that some tenants had to keep guard through continuous vigilance. • The phrase denotes keeping guard by night (watch) and by day (ward). — Also termed watching and warding. water. 1. The transparent liquid that is a chemical compound of hydrogen and oxygen (HO). 2. A body of this liquid, as in a stream, river, lake, or ocean. backwater. Water in a stream that, because of a dam or obstruction, cannot flow forward and sometimes flows back. [Cases: Waters- and Water Courses O5 53, 159-175.] coast water. Tidewater navigable by an ocean vessel; all water opening directly or indirectly into the ocean and navigable by a vessel coming in from the ocean. — Also termed coastal water. developed water. Water brought to the surface and made available for use by the party claiming the water rights. diffused surface water. Water, such as rainfall runoff, that collects and flows on the ground but does not form a watercourse. • Surface water is usu. subject to different regulations from water flowing in a watercourse. — Often shortened to surface water. See common-enemy doctrine; watercourse. [Cases: Waters and Water Courses O’ 115.] excess water. Water that is flowing in a stream in addition to what may be termed adjudicated waters; any water not needed for the reasonable beneficial uses of those having priority rights. — Also termed surplus water. floodwater. Water that escapes from a watercourse in large volumes and (lows over adjoining property in no regular channel. foreign water. Water belonging to another nation or subject to another jurisdiction. groundwater. Water found in layers of permeable rock or soil. inland waters. See internal waters. internal waters. See internal waters. navigable water. See navigable water. navigable water of the United States. See navigable WATER. percolating water. Water that oozes or seeps through the soil without a defined channel (such as rainwater or other water that has lost its status as part of a stream). • Percolating water usu. constitutes part of the land on which it is found. [Cases: Waters and Water Courses 101.] posted water, (usu, pi.) A body of water that is reserved for the exclusive use of the person who owns the land surrounding it. • The owner secures the exclusive use by posting a notice prohibiting others from using the water. private water. Nonnavigable water owned and controlled by one or more individuals and not subject to public use. • If a body of water is small and of little or no practical value for general public use, it is considered private. public water. Water adapted for purposes of navigation or public access. subterranean water. Water that lies or flows beneath the earth’s surface and that is not artificially confined. [Cases: Waters and Water Courses 0^-99.] surface water. 1. Water lying on the surface of the earth but not forming part of a watercourse or lake. • Surface water most commonly derives from rain, springs, or melting snow. [Cases: Waters and Water Courses O-:T15.] 2. See diffused surface water. surplus water. 1. Water running off irrigated ground; water not consumed by the irrigation process. 2. See excess water. territorial waters. The waters under a state’s or nation’s jurisdiction, including both inland waters and surrounding sea (traditionally within three miles of the coastline). — Also termed territorial sea; marine belt; maritime belt. tidewater. See tidewater. wastewater. 1. Water that escapes from the canals, dit ches, or other receptacles of the lawful claimant; water that is not used by the appropriator and is permitted to run off the appropriator’s property. 2. Water that is left over, esp. after a chemical or manufacturing process. water bayley (bay-lee). Hist. An officer (mentioned in the colony laws of New Plymouth in a.d. 1671) who primarily collects dues for fish taken out of the colony’s waters. waterboarding, A form of torture in which water is poured over the face of a supine, immobilized victim whose head is pulled back so that the victim cannot avoid inhaling water, and thus experiences the sensation of drowning. • In some variations, fabric or plastic may be draped over the victim’s face or the victim may be gagged before the water is poured. See torture. watercourse. (16c) A body of water, usu. of natural origin, flowing in a reasonably definite channel with bed and banks. • The term includes not just rivers and creeks, but also springs, lakes, and marshes in which such flowing streams originate or through which they flow. — Also termed waterway. [Cases: Waters and Water Courses C— 38.| “Once water joins a watercourse it becomes subject to state control; in appropriation states it becomes available for appropriation to private uses according to state law . , . . [A] watercourse could be defined to include not only rivers and lakes, but every tiny brook flowing into them, all the gullies through which water flows to the brooks, the snowpack and rainfall that feed them, and the evaporating or transpiring water in the process of forming clouds. But we need not require scientists to trace water to such remote sources because it would be beyond the ability of governments to regulate these sources. Legal definitions are intended to define a point beyond which a state does not regulate water use. Usually that point is when water is not in a ‘natural stream'.” David H. Cetches, Water Law in a Nutshell 106-107 (3d ed. 1997). ancient watercourse. A watercourse in a channel that has existed from time immemorial, artificial watercourse. A man-made watercourse, usu. to be used only temporarily. • If the watercourse is of a permanent character and has been maintained for a sufficient length of time, it may be considered a natural watercourse to which riparian rights can attach. [Cases: Waters and Water Courses O^lbS.] “An artificial waterway or stream may, under some circumstances, have the characteristics and incidents of a natural watercourse. In determining the question, three things seem generally to be taken into consideration by the courts; (1) whether the way or stream is temporary or permanent; (2) the circumstances under which it was created; and (3) the mode in which it has been used and enjoyed," 78 Am. Jur. 2d Waters § 196, at 644 (1975). natural watercourse. A watercourse with its origin in the forces of nature. • A natural watercourse does not include surface water, which often flows intermittently and in an indefinite channel. In addition, a natural stream is distinguished from an artificial ditch or canal, which is typically not the subject of riparian rights. See riparian rights; water. [Cases; Waters and Water Courses 38.] water district. See district. watered stock. See stock. waterfront, n. Land or land with buildings fronting a body of water. watergage, n. 1. A seawall. 2. An instrument used to measure the height of water. watergavel, n. Hist. A fee paid for a benefit (such as fishing) obtained from a body of water. watermark. 1. A mark indicating the highest or lowest point to which water rises or falls. high-water mark. 1, The shoreline of a sea reached by the water at high tide. • The high-water mark is usu. computed as a mean or average high tide and not as the extreme height of the water. 2. In a freshwater lake created by a dam in an unnavigable stream, the highest point on the shore to which the dam can raise the water in ordinary circumstances. 3. In a river not subject to tides, the line that the river impresses on the soil by covering it long enough to deprive it of agricultural value. — Also termed high-water line. low-water mark. 1. The shoreline of a sea marking the edge of the water at the lowest point of the ordinary ebb tide. 2. In a river, the point to which the water recedes at its lowest stage. 2. The transparent design or symbol seen when paper is held up to the light, usu. to indicate the genuineness of the document or the document’s manufacturer. water ordeal. See ordeal by water under ordeal. waterpower. 1. The force obtained by converting water into energy, 2. The riparian owner’s right consisting of the fall in the stream as it passes over or through the riparian owner’s land; the difference of the level between the surface where the stream first touches one’s land and the surface where the water leaves the land. [Cases; Waters and Water Courses 0^42,] water right, (often pi.) (18c) Hie right to use water from a natural stream or from an artificial canal for irrigation, power, domestic use, and the like; riparian right. — Also termed aquatic right. [Cases; Navigable Waters 0 .39; Waters and Water Courses C-40-47, 141, 168.] waterscape, n. (1842) An aqueduct or passage for water, waterway. See watercourse. waveson (wayv-ssn), n. Hist. Goods that float on the sea after a shipwreck. Cf. flotsam; jetsam; lagan (i). wax scot (wak skot), n. Hist. A duty on wax candles used in churches, usu. paid twice a year. — Also termed cerage (seer-ij); ceratium (si-ray-shee-am). way. (bef. 12c) 1. A passage or path. 2. A right to travel over another’s property. See right-of-way. [Cases: Easements 0—1.] private way. (17c) 1, The right to pass over another’s land. [Cases: Easements C—1 1.] 2. A way provided by local authorities primarily to accommodate particular individuals (usu. at the individual’s expense) but also for the public’s passage. [Cases: Private Roads 0-4 J way of necessity. See implied easement under easement. waybill. Maritime law. A document acknowledging the receipt of goods by a carrier or by the shipper’s agent and the contract for the transportation of those goods. • Unlike a bill of lading, a waybill is not a document of title and is nonnegotiable. — Abbr. WB. Cf. bill of lading. [Cases: Shipping C-~106(1).] air waybill. A waybill for goods shipped by air. Cf. overseas bill of lading under bill of lading. [Cases: Carriers 0—51,153.] way-going crop. A grain crop, formerly sown by a tenant during a tenancy (esp. in Pennsylvania), that did not ripen until after expiration of the lease. • In the absence of an express agreement to the contrary, the tenant was entitled to the crop. [Cases: Landlord and Tenant O_ 139(2).] way-leave, n. (15c) 1. A right-of-way (usu. created by an express grant) over or through land for the transportation of minerals from a mine or quarry. 2. The royalty paid for such a right. waynagium (way-nay-jee-am). See wainage. way of necessity. See implied easement under ease- ment, ways-and-means committee. (1840) A legislative committee that determines how money will be raised for various governmental purposes. [Cases: United States O>23.] WB. abbr. waybill. WC. abbr. workers’ compensation. WCT. abbr. wipo copyright treaty. W.D. abbr. Western District, in reference to U.S. judicial districts. weak mark. See descriptive trademark under trademark. weak trademark. See descriptive trademark under trademark. wealreaf (weel-reef), n. Archaic. Tlie robbery of a dead person in a grave. wealth, 1. A large quantity of something. 2. The state of having abundant financial resources; affluence. wealth maximization, A situation resulting from a change in the allocation of resources if the change benefits the winner — i.e., the one who benefits from the change — more than it harms the loser. • A situation in which all possible wealth-maximizing changes have occurred is described as Kaldor-Hicks efficient or as being potentially Pareto superior. See pareto optimality; PARETO SUPERIORITY. weapon, (bef 12c) An instrument used or designed to be used to injure or kill someone. [Cases: Weapons O'-4, 8.] concealed weapon. (1833) A weapon that is carried by a person but that is not visible by ordinary observation. [Cases: Weapons 0^40.] dangerous weapon. (17c) An object or device that, because of the way it is used, is capable of causing serious bodily injury. [Cases: Weapons 0=8.] deadly weapon. (16c) Any firearm or other device, instrument, material, or substance that, from the manner in which it is used or is intended to be used, is calculated or likely to produce death. • In some states, the definition encompasses the likelihood of causing either death or serious physical injury. — Also termed lethal weapon. Cf. dangerous instrumentality. [Cases: Assault and Battery 0=56.] deadly weapon perse. (1872) A weapon that is deadly in and of itself or would ordinarily result in death by its use <a gun is a deadly weapon per se>. — Also termed per se deadly weapon. [Cases: Assault and Battery 56. lethal weapon. See deadly weapon. nondeadly weapon. See less-lethal. nonlethal weapon. See less-lethal. weapon of mass destruction, (usu. pi.) A weapon that is intended to kill human beings, without discriminating between combatants and noncombatants, on a massive scale. • Among the most frequently cited examples are nuclear weapons and chemical weapons. — Abbr. WMD. wear, n. [fr. Saxon were “a taking”] Hist. A dam made of stakes interlaced by twigs of willows that are placed across a river to more easily accommodate the netting of fish. — Also termed weir. wear and tear, (17c) Deterioration caused by ordinary use; the depreciation of property resulting from its reasonable use <the tenant is not liable for normal wear and tear to the leased premisesx — Also termed/air wear and tear; natural wear and tear. [Cases: Landlord and Tenant 0=55, 160.] “'Fair wear’ is the deterioration caused by the reasonable use of the premises: ‘fair tear' is the deterioration caused by the ordinary operation of natural forces. A tenant’s repairing covenant commonly exempts the tenant from the obligation to repair damage characterisable as 'fair wear and tear’ (sometimes called ‘reasonable wear and tear'). In the absence of such an exempting provision, a covenant to repair requires the repairing of damage characterisable as fair wear and tear. Where a covenant to repair exempts the tenant from liability for ‘fair wear and tear', he is not responsible for deterioration or dilapidation caused by ‘the reasonable use of the house by the tenant and the ordinary operation of natural forces.'” Peter Butt, Land Law 256 (2d ed. 1988). Webb-Pomerene Act, A federal law, originally enacted in 1918, that provides a qualified exemption for an export business against the prohibitions of the antitrust laws. 15 USCA §§ 61 et seq. "The Webb-Pomerene Act was passed to aid and encourage our manufacturers and producers to extend our foreign trade. Congress believed that American firms needed the power to form joint export associations in order to compete with foreign cartels, but while Congress was willing to create an exemption from the antitrust laws to serve this narrow purpose, the exemption created by the Webb-Pomerene Act was carefully hedged in to avoid substantial injury to domestic interests. Organization under the Webb-Pomerene Act does not give an export association the right to agree with foreign competitors to fix prices ... or establish exclusive markets . . . ." 54 Am. Jur. 2d Monopolies and Restraints of Trade § 262, at 298 (1996). website-user agreement. See point-and-click agreement, web-wrap agreement. See point-and-click agreement. wedding. See marriage ceremony. wedge principle, (1951) The argument that relaxation of a constitutionally imposed restraint under specific circumstances may justify further relaxation in broader circumstances. • This principle is most often raised in the context of legalized human euthanasia. But it has frequently been invoked in other contexts, such as the right to protection from unreasonable search and seizure. — Also termed slippery-slopedprinciple; parade-of-horrors objection. “[T]here is the familiar argument from the ‘wedge principle,’ which is used to deny the possibility of looking at particular circumstances in applying moral rules.” Glanville Williams, The Sanctity of Life and the Criminal Law 315 (1957). wedlock. The state of being married; matrimony, week, 1. A period of seven consecutive days beginning on either Sunday or Monday. 2. Any consecutive seven-day period. [Cases: Time 0=6,] weekend sentence. See intermittent sentence under SENTENCE. week-work. Hist. In feudal times, the obligation of a tenant to work two to four days in every week for his lord during the greater part of the year, and four or five during the summer months. See villein service. wehading. See trial by combat. weighage (way-ij). A duty or other payment required in return for weighing merchandise. weight. A measure of heaviness; a measure of the quantity of matter. [Cases: Weights and Measures 0=3.] gross weight. The total weight of a thing, including its contents and any packaging. net weight. The total weight of a thing, after deducting its container, its wrapping, and any other extraneous matter.— Also termed neat weight. weighted vote. See vote (i). weight of the evidence. (17c) The persuasiveness of some evidence in comparison with other evidence <because the verdict is against the great weight of the evidence, a new trial should be granted>. See burden of persuasion. Cf. manifest weight oe the evidence; preponderance of the evidence. [Cases: Criminal Law' 0=549; Evidence 0=584.] Weingarten right. Labor law. A union member’s right to have a union representative present during an employment meeting that the member reasonably believes w'ill result in disciplinary action. NLRB v. J, Weingarten, Inc., 420 U.S. 251, 95 S.Ct. 959 (1975). • In July 2000, the NLRB extended Weingarten rights to nonunion employees. [Cases: Labor and Employment o 1469(1).] weir. See wear. welching. See welshing. welfare. (14c) 1. Well-being in any respect; prosperity. general welfare. (17c) The public’s health, peace, morals, and safety. public welfare. (16c) A society’s well-being in matters of health, safety, order, morality, economics, and politics. 2. A system of social insurance providing assistance to those who are financially in need, as by providing food stamps and family allowances. — Also termed (historically) poor relief. [Cases: Agriculture 7^ '2.6; Social Security and Public Welfare 0^4.] corporate welfare. Governmental financial assistance given to a large company, usu. in the form of a subsidy. Welfare Clause. See general welfare clause. welfare plan. See employee benefit plan. welfare state. (1894) A nation in which the government undertakes various social insurance programs, such as unemployment compensation, old-age pensions, family allowances, food stamps, and aid to the blind or deaf. — Also termed welfare-regulatory slate. well, adj. Marine insurance. (Of a vessel) in good condition; safe and sound <the vessel was warranted well on January 1>. well, adv. (bef. 12c) In a legally sufficient manner; unobjectionable <well-pleaded complaint>. well, n. A hole or shaft sunk into the earth to obtain a fluid, such as water, oil, or natural gas. limited-capacity well. An oil or gas well that is limited to producing only a portion of its monthly allowable because of market demand. stripper well. An oil or gas well that produces only small quantities. • In some states, such as Kansas and Illinois, stripper wells are common. well-completion clause. Oil & gas. A provision in an oil-and-gas lease specifying that a lessee who starts drilling before the lease terminates has the right to complete the well and to maintain the lease if the drilling achieves production. See operations clause. [Cases: Mines and Minerals ; 78.1(9).. well-knowing, adj. (17c) Intentional <a well-knowing act or omissionx • This term was formerly used in a pleading to allege scienter. See scienter. well-pleaded complaint. See complaint. welshing. (1857) 1. The act or an instance of evading an obligation, esp, a gambling debt, 2, The common-law act of larceny in which one receives a deposit to be paid back with additional money depending on the outcome of an event (such as a horse race) but at the time of the deposit the depositee intends to cheat and defraud the depositor by absconding with the money. • Although this term is sometimes thought to be a slur against those hailing from Wales, etymologists have not been able to establish this connection. Authoritative dictionaries record the origin of the term as being unknown. — Also termed welching. — welsh, vb. — welsher, n. Welsh mortgage. See mortgage. wend, n. Hist. A large section of land; a perambulation; a circuit. wer. See blood money (i). wergild (war-gild). Hist. The fixed value of a person’s life, being the amount that a homicide’s kindred must pay to the kindred of the slain person so as to avoid a blood feud. — Also spelled wergeld; weregild; wehrgeld. See effusio sanguinis; leodes. West Australian plan. See inslant-runoff vofingunder VOTING. Westlaw. A West Group database for computer-assisted legal research, providing online access to legal resources, including federal and state caselaw, statutes, regulations, legal treatises, legal periodicals, and general and business news. — Abbr. WL. Westminster Confession of Faith (west-mi nstar). Hist. A document containing a statement of the religious doctrines of the Presbyterian Church, originating at a conference of British and continental Protestant divines at Westminster in 1643. • It was adopted by the General Assembly of the Kirk of Scotland and the Scottish Parliament, so becoming the basis of the Scottish Presbyterian Church. — Sometimes shortened to Westminster Confession. Westminster the First, Statute of. Hist. An English statute divided into 51 chapters (later correlating to separate acts of Parliament), including provisions (1) protecting the property of the church from the violence and spoliation of the Crown and nobles; (2) providing for the freedom of popular elections; (3) enforcing the rules contained in Magna Carta against excessive fines; (4) enumerating and correcting the abuses of tenures (esp. concerning marriages of wards); (5) regulating the levying of tolls; (6) correcting and restraining the powers of the royal escheator and other officers; (7) amending the criminal law (esp. by classifying rape as a most grievous, though not capital, offense); and (8) making criminal and civil procedures more expeditious and less costly. 3 Edw. (1275). West Point. See united states military academy. West-Saxon law. Hist. A system of rules introduced by the West Saxons and one of the three principal legal systems prevailing in England in the beginning of the 11th century. • It was observed primarily in southern English counties from Kent to Devonshire. — Also termed West-Saxon lage. See mercen-LAGE; DANELAW. Wetterling Act. See Jacob wetterling crimes against CHILDREN AND SEXUALLY VIOLENT OFFENDER REGISTRATION ACT. wharf. A structure on the shores of navigable waters, to which a vessel can be brought for loading or unloading. [Cases: Wharves C 4.] private wharf. One that can be used only by its owner or lessee. [Cases: Wharves 0=4.] public wharf One that can be used by the public. [Cases: Wharves C^A.] wharfage (worf-ij), n. Hist. 1. The fee paid for landing, loading, or unloading goods on a wharf. [Cases: Wharves C^IS.] 2. The accommodation for loading or unloading goods on a wharf. wharfinger (wor-fin-jar), n. Hist. The owner or occupier of a wharf; one who keeps a wharf to receive merchandise for forwarding or delivery to a consignee. [Cases: Wharves 20(1).] wharfing out, right of. See right of wharfing out. Wharton’s rule (fhjwor-tan). (1940) Criminal law. The doctrine that an agreement by two or more persons to commit a particular crime cannot be prosecuted as a conspiracy if the crime could not be committed except by the actual number of participants involved. • But if an additional person participates so as to enlarge the scope of the agreement, all the actors may be charged with conspiracy. The doctrine takes its name from the influential criminal-law author Francis Wharton (1820-1889). — Also termed Wharton rule; concert-of-action rule. [Cases: Conspiracy <Jc=28(l)J “Wharton's Rule applies only to offenses that require concerted criminal activity, a plurality of criminal agents. In such cases, a closer relationship exists between the conspiracy and the substantive offense because both require collective criminal activity. The substantive offense therefore presents some of the same threats that the law of conspiracy normally is thought to guard against, and it cannot automatically be assumed that the Legislature intended the conspiracy and the substantive offense to remain as discrete crimes upon consummation of the latter. Thus, absent legislative intent to the contrary, the Rule supports a presumption that the two merge when the substantive offense is proved.. . . More important, as the Rule is essentially an aid to the determination of legislative intent, it must defer to a discernible legislative judgment." ianneliiv. United States. 420 U.S. 770, 785-86, 95 S.Ct. 1284, 1293-94 (1975). WHD. abbr. wage and hour division. wheel. Hist. 1. An instrument of torture used in medieval Europe, consisting of a wheel or cross on which a criminal was bound with arms and legs extended, while the criminal’s bones were broken one by one with an iron bar, usu. until death. 2. The torture itself. wheelage ([h]weel-ij), n. Hist. A duty or toll for a vehicle to pass over certain property, wheel conspiracy. See conspiracy. when-issued security. See security. whereabouts, n. (17c) The general locale where a person or thing is <her whereabouts are unknown> <the Joneses’ present whereabouts is a closely guarded secret>. • As the examples illustrate, this noun, though plural in form, may be construed with either a plural or a singular verb. — whereabouts, adv. & conj. whereas, conj. (14c) 1, While by contrast; although <McWilliams was stopped at 10:08 p.m. wearing a green hat, whereas the assailant had been identified at 10:04 p.m. wearing a black hat>. 2. Given the fact that; since <Whereas, the parties have found that their 1994 agreement did not adequately address incidental expenses ...; and Whereas, the parties have now decided in an equitable sharing of those expenses ... ; Now, Therefore, the parties agree to amend the 1994 agreement as follows ...>.• In sense 2, whereas is used to introduce contractual recitals and the like, but modern drafters increasingly prefer a simple heading, such as “Recitals” or “Preamble,” and in that way avoid the legalistic whereases. — whereas (recital or preamble), n. whereas clause. 1. See preamble (r). 2. See recital (2). whereat, conj. (14c) 1. At or toward which <the point whereat he was aiming>. 2, As a result of which; whereupon <Pettrucione called Bickley a scurrilous name, whereat a fistfight broke out>. whereby, conj. (13c) By which; through which; in accor- dance with which <the treaty whereby the warring nations finally achieved peace>. wherefore, premises considered. (1867) For all these reasons; for the reason or reasons mentioned above. • The phrase is often used to begin the final paragraph of a motion, judgment, contract, or agreement. wherefrom, conj. (14c) From which <the students sent two faxes to the president’s office, wherefrom no reply ever camo. wherein, conj. (14c) 1. In which; where <the jurisdiction wherein Lynn practices>. 2. During which <they listened intently at the concert, wherein both of them became convinced that the composer’s “new” work was a fraud>. 3. How; in what respect <Fal Ion demanded to know wherein she had breached any duty>. — wherein, adv. whereof, conj. (13c) 1. Of what <Judge Wald knows whereof she speaks>. 2. Of which <dtations whereof even the most responsible are far afield from the true issuex 3. Of whom <judges whereof only the most glowing words might be said>. whereon, conj. (13c) On which <the foundation whereon counsel bases this arguments — Also termed whereupon. whereto, conj. (14c) To what place or time <at first, Campbell did not know whereto he was being taken>. — Also termed whereunto. — whereto, adv. whereupon, conj. (14c) 1. whereon <the precedent whereupon the defense bases its arguments-. 2. Soon after and as a result of which; and then <a not-guiltv verdict was announced, whereupon a riot eruptedx wherewith, conj. (14c) By means of which <the plaintiff lacked a form of action wherewith to state a compensable claim>. whim. A passing fancy; an impulse <the jury was instructed to render a verdict based solely on the evidence, not on a whim>. whipping, n. A method of corporal punishment formerly used in England and a few American states, consisting of inflicting long welts on the skin, esp. with a whip. whipsaw strike. See strike. whisper stock. See stock. whistleblower, n. (1970) An employee who reports employer wrongdoing to a governmental or law-enforcement agency. • Federal and state laws protect whistleblowers from employer retaliation. [Cases: Labor and Employment C 775; Officers and Public Employees 7)66. — whistleblowing, n. whistleblower act. (1984) A federal or state law protecting employees from retaliation for properly disclosing employer wrongdoing such as violating a law or regulation, mismanaging public funds, abusing authority, or endangering public health or safety. • Federal laws containing whistleblower provisions include the Whistleblower Protection Act (5 USCA § 1211), the Occupational Safety and Health Act (29 USCA § 660), CERCLA (42 USCA § 9610), and the Air Pollution and Control Act (42 USCA § 7622). [Cases: Labor and Employment C-- 775; Officers and Public Employees <W>69.7.[ Whiteacre. (17c) A fictitious tract of land used in legal discourse (esp. law-school hypothetical) to discuss real-property issues. See blackacre. white bonnet. Scots law. A fictitious bidder at an auction; a shill. white book. 1. Hist, (cap.) albus liber. 2. A government report bound in white, common esp. in European and papal affairs. whitecapping. (1900) Criminal law. The criminal act of threatening a person — usu. a member of a minority group — with violence in an effort to compel the person either to move away or to stop engaging in a certain business or occupation. • Whitecapping statutes were originally enacted to curtail the activities of the Ku Klux Kian. [Cases: Extortion and Threats C^>25.1.] white-collar crime. (1940) A nonviolent crime usu. involving cheating or dishonesty in commercial matters. • Examples include fraud, embezzlement, bribery, and insider trading. whitehorse case. (1971) Slang. A reported case with facts virtually identical to those of the instant case, so that the disposition of the reported case should determine the outcome of the instant case. — Also termed horse case; goose case; gray mule case; red-cow case. Cf. on all FOURS. white knight. A person or corporation that rescues the target of an unfriendly corporate takeover, esp. by acquiring a controlling interest in the target corporation or by making a competing tender offer. — Also termed friendly suitor. See takeover. Cf. corporate RAIDER. Whiteley rule. See fellow-officer rule. White model. Labor law. A method for determining whether a union member’s state-law claim against the employer is preempted by federal law, by focusing on whether state law permits the claim to be waived by a private contract. • In Lingle v. Norge Division of Magic Chef Inc., 486 U.S. 399,108 S.Ct. 1877 (1988), the Supreme Court held that a union member’s state-law retaliatory-discharge claim was not preempted by the Labor-Management Relations Act because the claim could be resolved without interpreting the collectivebargaining agreement. There are at least two models for applying the Lingle test: the White model, which focuses on whether the claim is negotiable or nonnegotiable (that is, whether state law allows the claim to be waived by a private contract) and the Marcus model, which focuses on the independence of the claim in relation to the collective-bargaining agreement. Under the White model, all negotiable claims (those waivable by private contract) are necessarily preempted because their resolution will require an interpretation of the collective-bargaining agreement. A nonnegotiable claims (one that state law does not permit to be waived by private contract) will be preempted only if its resolution requires an interpretation of the collective-bargaining agreement. The White model is named for the author of the law-review article in which it was proposed. Rebecca Homer White, Section 301’s Preemption of State Law Claims: A Model for Analysis, 41 Ala. L. Rev. 377 (1990). See lingle test. Cf. marcus model. white rent. Hist. A feudal rent paid in silver, rather than in work, grain, or money baser than silver. Cf. black rent. white slavery. The practice of forcing a female (or, rarely, a male) to engage in commercial prostitution. • Trafficking in persons for prostitution is prohibited by the Mann Act (18 USCA §§ 2421-2424). [Cases: Prostitution <0=>15.] White Slave Traffic Act. See mann act. Whitsunday. See quarter day under day. whole blood. See full blood under blood. whole law. The law applied by a forum court in a multistate or multinational case after referring to its own choice-of-law rules. [Cases: Action 0^17.] whole life insurance. See life insurance. wholesale, n. The sale of goods or commodities usu. to a retailer for resale, and not to the ultimate consumer. Cf. retail. — wholesale, vb. — wholesale, adj. wholesale arrest. See dragnet arrest under arrest. wholesale dealer. One who sells goods in gross to retail dealers rather than selling in smaller quantities directly to consumers. wholesale price. See price. wholesale price index. See producer price index. wholesaler. One who buys large quantities of goods and resells them in smaller quantities to retailers or other merchants, who in turn sell to the ultimate consumer, whole-statute rule. The principle of statutory construction that a statute should be considered in its entirety, and that the words used within it should be given their ordinary meanings unless there is a clear indication to the contrary. [Cases: Statutes 0=188, 205.] wholly, adv. Not partially; fully; completely, wholly and permanently disabled, adj. Insurance. (Of an insured) completely and continuously unable to perform work for compensation or profit. [Cases: Insurance 0=2035, 2553.] wholly dependent, adj. Workers’ compensation. (Of a person) deriving full support from a workers wages. [Cases: Workers’ Compensation (< 412 486. wholly destroyed, adj. Insurance. (Of a building) so damaged that it is no longer capable of being classified as a building, although some parts may remain intact. [Cases: Insurance 0=2171.] wholly disabled, adj. Insurance. (Of a person) unable to perform the substantial and material acts necessary to carry on a business or occupation in the customary and usual manner. [Cases: Insurance 0=2561.] whorehouse. See brothel. widow, n. A woman whose husband has died and who has not remarried. [Cases: Death 0=31(6); Descent and Distribution 0=52(1); Dower and Curtesy 0=1-118; Executors and Administrators C= 180.] widower, n. A man whose wife has died and who has not remarried. widower’s allowance. See spousal allowance under ALLOWANCE (l). widow’s allowance. See spousal allowance under allowance (i). widow’s election. See right of election. wifa (wi-fa), n, [Old English] Hist. A mark or sign; esp., a landmark showing exclusive occupation or to prohibit an entry. wife. A married woman; a woman who has a lawful spouse living. [Cases: Bigamy O"’ l.] common-law wife. 1. The wife in a common-law marriage; a woman who contracts an informal marriage with a spouse and then holds herself out to the community as being married to that spouse. See common-law marriage under marriage (i). 2. Archaic. Loosely, a concubine. [Cases; Marriage O--22.] plural wife. One of two or more women married simultaneously to the same spouse in a polygamous marriage. [Cases: Marriage 0=22,] wife beating. See spousal abuse under abuse. wife’s equity. See equity to a settlement. wife’s settlement. See equity to a settlement. wild animal. See animal. wildcat strike. See strike. wild creature. See wild animal under creature. wild deed. See deed. Wild’s Case, Rule in. See rule in wild’s case. wilful. See willful. will, n. (bef. 12c) 1. Wish; desire; choice employment at will>. 2. The legal expression of an individual’s wishes about the disposition of his or her property after death; esp., a document by which a person directs his or her estate to be distributed upon death <there was no mention of his estranged brother in the will>. — Also termed testament-, will and testament; (archaically) testamentary instrument. [Cases: Wills 0=1-202.] — will, vb. “The word ‘will' has two distinct meanings. The first, and strict, meaning is metaphysical, and denotes the sum of what the testator wishes, or 'wills,' to happen on his death, The second, and more common, meaning is physical, and denotes the document or documents in which that intention is expressed." Anthony R. Mellows, The Law of Succession 6 (3d ed. 1977). ambulatory will. (1909) A will that can be altered during the testator’s lifetime. [Cases: Wills 0=78.] antenuptial will. See prenuptial will. attested will. A will that has been signed by a witness. [Cases: Wills 0= 113.] bogus will. An unauthentic will, esp. one involving fraud or unauthorized changes. closed will. See mystic will. conditional will. A will that depends on the occurrence of an uncertain event for the will to take effect. • Most jurisdictions hold a conditional will valid even though the testator’s death does not result from or on the occasion of the condition mentioned in the will. The courts generally hold that the condition is the inducement for making the will rather than a condition precedent to its operation. See Eaton v. Brown, 193 U.S. 411, 24 S.Ct. 487 (1904); In re Will of Cohen, 491 A.2d 1292 (N.J. Super. Ct. App, Div. 1985). Cf. contingent will. [Cases: Wills 0=80.] conjoint will. See joint will. contingent will. A will that takes effect only if a specified event occurs. Cf. conditional will. [Cases; Wills 0=80.] counter will. See mutual will, double will. See mutual will. duplicate will. (1855) A will executed in duplicate originals by a testator who retains one copy and gives the second copy to another person. • The rules applicable to wills apply to both wills, and upon application for probate, both copies must be tendered into the registry of the probate court. [Cases: Wills O’T75.] holographic will (hol-a-graf-ik). (1850) A will that is handwritten by the testator. • Such a wi 11 is typically unattested. Holographic wills are rooted in the civil-law tradition, having originated in Roman law and having been authorized under the Napoleonic Code. French and Spanish settlers introduced holographic wills in America, primarily in the South and West. Today they are recognized in about half the states. — Also termed olographic will. See holograph. [Cases: Wills 0130-135.] inofficious will. See inofficious testament under testament. international will. A will that is executed according to formalities provided in an international treaty or convention, and that will be valid although it may be written in a foreign language by a testator domiciled in another country. [Cases: Wills O’238—246.] invalid will. (18c) A will that fails to make an effective disposition of property. joint and mutual will. (1841) A single will executed by two or more people — to dispose of property they own separately, in common, or jointly — requiring the surviving testator to dispose of the property in accordance with the terms of the will. • A joint and mutual will is drafted to be contractually binding on the survivor. The word “joint” indicates the form of the will. The word “mutual” describes the substantive provisions. — Also termed joint and reciprocal will. [Cases: Wills 056-68,100.] joint and reciprocal will. See joint and mutual will, joint will. (18c) A single will executed by two or more testators, usu. disposing of their common property by transferring their separate titles to one devisee. — Also termed conjoint will. [Cases: Wills <O> 56-68, 100.] last will. (16c) The most recent will of a deceased; the instrument ultimately fixing the disposition of real and personal property at the testator’s death. — Also termed last will and testament. “A will is the disposition of real and personal property to take effect after the death of the testator. When the will operates upon personal property, it is sometimes called a testament, and when upon real estate, a devise-, but the more general and the more popular denomination of the instrument, embracing equally real and personal estate, is that of last will and testament." 4 James Kent, Commentaries on American Law *501 (George Comstock ed., 11th ed. 1866). last will and testament. See last will. living will. See living will. lost will. An executed will that cannot be found at the testator’s death. • Its contents can be proved by parol evidence in many jurisdictions. But the overwhelming majority of American jurisdictions follow the common-law presumption of revocation if a will is proved to have been in the possession of the testator and has since been lost. [Cases: Wills C- 234,293(4), 302(8).] mancipatory will (man-sip-i-tor-ee). Roman law. In early and classical law, a formal will sealed by seven witnesses and submitted to the praetor. See TESTAMENTUM. mariner’s will. See soldier’s will. mutual will. (usu. pi.) (1837) One of two separate wills in which two persons, usu. a husband and wife, establish identical or similar testamentary provisions disposing of their estates in favor of each other. • It is also possible (though rare) for the testators to execute a single mutual will, as opposed to separate ones. And it is possible (though, again, rare) for more than two parties to execute mutual wills. — Also termed reciprocal will-, counter will-, double will-, mutual testament. [Cases: Wills 56-68.] mystic will. Civil law. A secret will signed by the testator, sealed and delivered to a notary in the presence of three to seven witnesses, accompanied by the testator’s declaration that it is a valid will. • The notary is then required to indorse on the envelope containing the will a statement of all the facts surrounding the transaction, and this is signed by the notary and all the witnesses. — Also termed mystic testament; secret will; secret testament; closed will; closed testament; sealed will; sealed testament. [Cases: Wills O>124.] nonintervention will. A will that authorizes an independent executor. See independent executor under EXECUTOR. notarial will. A will executed by a testator in the presence of two witnesses and a notary public. nuncupative will (nang-kya-pay-tiv or nang-kyoo-pa-tiv). (18c) An oral will made in contemplation of imminent death, esp. from a recent injury. • Nuncupative wills are invalid in most states. Even in states allowing them, the amount that maybe conveyed is usu. limited by statute. Traditionally, only personal property may be conveyed. — Also termed oral will; unwritten will; verbal will. [Cases: Wills 136150.] “Nuncupative (i.e., oral) wills are by statute in almost all States required to be proved by two (sometimes three) witnesses, who were present and heard the testamentary words.” John H. Wigmore, A Students’ Textbook of the Law of Evidence 299 (1935). nuncupative will by public act. Hist. Louisiana law. A will dictated by the testator to a notary in the presence of a specified number of witnesses. • The notary had to read the will back to the testator. The testator and the witnesses then signed the will. If the testator was physically unable to sign, another person could sign in the testator’s presence on the testator’s behalf. The number of required witnesses varied depending on the circumstances. This type of will was abolished in 1997. See La. Civ. Code art. 1574. — Also termed nuncupative testament by public act. olographic will. See holographic will. oral will. (1853) A will made by the spoken declaration of the testator and usu. dependent on oral testimony for proof. See nuncupative will. [Cases: Wills 0136-150.] parliamentary will. Slang. The legislation that governs the distribution of an intestate’s property. • The term arose because the legislature effectively makes an intestate’s will bypassing statutes regulating descent and distribution. The terms of the parliamentary will are gathered from the statutes in effect when the intestate died. postnuptial will (pohst-nap-shal). A will executed after marriage. pourover will (por-oh-var). (1946) A will giving money or property to an existing trust. Cf. pourover trust under trust. prenuptial will (pree nap-shall. (1914) A will executed before marriage. • At common law, marriage automatically revoked a spouse's will, but modern statutes usu. provide that marriage does not revoke a will (although divorce does). But if this marriage was not contemplated by the will and there is nothing otherwise on its face to indicate that the testator intentionally left nothing to any future spouse, the pretermitted spouse maybe entitled to a special forced share of the estate. Uniform Probate Code § 2-508. — Also termed antenuptial will. [Cases: Wills 0^60.] reciprocal will. See mutual will, sealed will. See mystic will, seaman’s will. See soldier’s will, secret will. See mystic will. self-proved will. (1963) A will proved by a self-proving affidavit. See self-proving affidavit under affidavit, • This method of proof, recognized in a growing number of states, eliminates the practical problems of obtaining the live testimony of witnesses. [Cases: Wills 0113.] soldier’s will. A soldier’s informal oral or written will that is usu. valid despite its noncompliance with normal statutory formalities, as long as the soldier was in actual service at the time the will was made. — Also termed seaman's will; mariner’s will; military testament; soldier's and sailor’s will. undutiful will. Civil law. See unnatural will, unnatural will. (1854) A will that distributes the tes- tator’s estate to strangers rather than to the testator’s relatives, without apparent reason. — Also termed (in civil law) undutiful will. [Cases: Wills C^82.] unofftcious will. See inofficious testament under testament. unsolemn will. Civil law. A will in which an executor is not named. unwritten will. See nuncupative will, verbal will. See nuncupative will. will and testament. See will. will contest. Wills & estates. The litigation of a will’s validity, usu. based on allegations that the testator lacked capacity or was under undue influence. [Cases: Wills 0203-434.] willful, adj. (13c) Voluntary and intentional, but not necessarily malicious. — Sometimes spelled wilful. Cf. wanton. — willfulness, n. “The word ‘wilful’ or ‘wilfully’ when used in the definition of a crime, it has been said time and again, means only Intentionally or purposely as distinguished from accidentally or negligently and does not require any actual impropriety; while on the other hand it has been stated with equal repetition and insistence that the requirement added by such a word is not satisfied unless there is a bad purpose or evil Intent.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 875-76 (3d ed. 1982). “Almost all of the cases under [Bankruptcy Code § 523(a)(6)] deal with the definition of the two words ‘willful1 and ‘malicious.’ Initially one might think that willful and malicious mean the same thing. If they did, Congress should have used one word and not both. Most courts feel compelled to find some different meaning for each of them." David C. Epstein et al., Bankruptcy § 7-30, at 531 (1993). willful and malicious injury. See injury. willful and wanton misconduct. See misconduct. willful and wanton negligence. See gross negligence under negligence. willful blindness. (1927) Deliberate avoidance of knowledge of a crime, esp. by failing to make a reasonable inquiry about suspected wrongdoing despite being aware that it is highly probable. • A person acts with willful blindness, for example, by deliberately refusing to look inside an unmarked package after being paid by a known drug dealer to deliver it. Willful blindness creates an inference of knowledge of the crime in question. See Model Penal Code § 2. [Cases: Criminal Law 020, 314.] willful-blindness instruction. See jury instruction. willful, continued, and obstinate desertion. See obsti- nate desertion under desertion. willful homicide. See homicide. willful indifference to the safety of others. See willful and wanton misconduct under misconduct. willful infringement See infringement. willful misconduct. See misconduct. willful misconduct of an employee. See misconduct. willful murder. See murder. willful neglect. See neglect. willful negligence. 1. See advertent negligence under negligence. 2. See gross negligence (2) under negligence. willfulness. (13c) 1. The fact or quality of acting purposely or by design; deliberateness; intention. • Willfulness does not necessarily imply malice, but it involves more than just knowledge. 2, The voluntary, intentional violation or disregard of a known legal duty. — Also termed legal willfulness. [Cases; Negligence 0-275.] willful tort. See intentional tort under tort. willful wrong. See intentional wrong under wrong. Williams Act. A federal statute, enacted in 1968, that amended the Securities Exchange Act of 1934 by requiring investors who own more than 5% of a company’s stock to furnish certain information to the SEC’ and to comply with certain requirements when making a tender offer, [Cases: Securities Regulation 0^52.10-52,50.] Wills Act, 1, statute of wills (l). 2. An 1837 English statute that allowed people to dispose of every type of property interest by will and that had an elaborate set of requirements for valid execution. • Some states today continue to adhere to these stringent requirements. Cf. Uniform Probate Code § 2-502. — Also termed (in sense 2) Lord Longdale’s Act. will substitute. A document or instrument that allows a person, upon death, to dispose of an estate in the same or similar manner as a will but without the formalities and expense of a probate proceeding. • The most common will substitutes are trusts, life-insurance plans, and retirement-benefits contracts. The creation of will substitutes has been one of the most important developments in the area of decedents’ estates in the past 50 years. Cf. nonprobate asset under asset. [Cases: Wills 086,] Winchester, Statute of. Hist. A statute passed in the 13th year of the reign of Edward I, requiring every man to provide himself with armor to keep the peace, recognizing and regulating the offices of high and petty constables, organizing the police, and enforcing the old Saxon police laws. • It was repealed in 1827 by the Criminal Statutes (England) Repeal Act. St. 7 & 8 Geo. 4, ch. 27. Winchester measure. Hist. The standard weights and measures of England, originally kept at Winchester, windfall, (15c) An unanticipated benefit, usu. in the form of a profit and not caused by the recipient, windfall-profits tax. See tax. winding up, n. (1858) The process of settling accounts and liquidating assets in anticipation of a partnership’s or a corporation’s dissolution. Cf. dissolution (4). [Cases: Corporations 61S; Partnership 0^277.] — wind up, vb. — wind up, n. window-dressing. (1898) The deceptive arrangement of something, usu. facts or appearances, to make it appear more attractive or favorable. • The term is often used to describe the practice of some financial managers, esp. some managers of mutual funds, to sell certain positions at the end of a quarter to make an investment’s quarterly performance appear better than it actually was. See portfolio pumping. window tax. See tax. winner-take-all vote. See vote (3). wipe. See swipe (3). WIPO. abbr. world intellectual property organization. WIPO Copyright Treaty. A 1996 treaty that made changes in the Berne Convention in light of the TRIPs Agreement and dealt with new copyright issues raised by the emergence of the Internet and other digital technology. • The WIPO Treaty expressly protects computer software and databases and expressly excludes from protection “ideas, procedures, methods of operation or mathematical concepts as such.” The WIPO Copyright Treaty was adopted simultaneously with the WIPO Performances and Phonograms Treaty. — Abbr. WCT. WIPO digital agenda. See digital agenda. WIPO Performances and Phonograms Treaty. A 1996 treaty giving performers the rights of attribution and integrity in their performances, and giving producers the rights of reproduction, distribution, rental, and availability. — Abbr. WPPT. wire fraud. See fraud. wiretapping, n. (1904) Electronic or mechanical eavesdropping, usu. done bylaw-enforcement officers under court order, to listen to private conversations. • Wiretapping is regulated by federal and state law. — Often shortened to tapping. See bugging; eavesdropping. Cf. pen register. [Cases: Telecommunications 1434-1441, 1460-1479.] — wiretap, vb. — wiretap, n. Wisby, laws of. See laws of visby. wish, vb. 1. To desire; to hope. 2. To will; to devise; to give. witan (wit-an). [Anglo-Saxon “wise men”) Hist. The members of the king’s council who sat to assist the king in administrative and judicial matters. • Among the members were ealdormen, bishops, abbots, high officers, and occasionally the king’s friends and relatives. witchcraft. The practices of a witch, esp. in black magic; sorcery. • Under the Witchcraft Act of 1541 (33 Hen. 8, ch. 8) and the Witchcraft Act of 1603 (1 Jac. ch. 12), witchcraft was a felony punishable by death without benefit of clergy. The last execution in England for witchcraft occurred in 1716. The Acts were repealed in 1736. In the United States, the most conspicuous (and nearly the last) persecution for witchcraft occurred in Salem, Massachusetts, where 19 people were hanged for this offense in 1692. wite (wit). Hist. A penal fine exacted by the Crown or other authority for a serious crime, such as murder. — Also spelled wyte. witenagemot (wit-a-na-ga-moht). [Anglo-Saxon “a meeting of the wise”] Hist. A national assembly of noblemen, high ecclesiastics, and other great thanes of England who advised and aided the king in the general administration of the government. • Its composition depended on the will of t he king. It passed out of existence with the Norman Conquest (1066). Although it was a precursor to the British Parliament, that was a separate growth — not a continuation of the witenagemot. — Also spelled witenagemot; wittenagemot; witanagemote. “[T]he ancient Anglo-Saxon general assembly of the notables [was] called the Witenagemot. ... At first the power of the Anglo-Saxon Witenagemot appears to have been considerable, and in fact so much so that the kings were dependent on appointment to that office by the Witan in the early period before the royal succession became hereditary. With the tenth century centralization of power in the Alfredian line of kings, it appears that the power of the Witan began to decline.” Charles Herman Kinnane, A First Book on Anglo-American Law 262 (2d ed. 1952), witepenny. Hist. In early English law, money paid in satisfaction of a wite. with all deliberate speed. See deliberate speed, with ALL. with all faults. See as is. withdraw, vb. 1. (vt.) To take back (something presented, granted, enjoyed, possessed, or allowed) <withdraw blame>. 2. (vf.) To retract (one’s words) <withdraw the objectionx 3. (vt.) To refrain from prosecuting or proceeding with (an action) <withdraw the petition for divorcex 4. (vi.) (Of a lawyer) to terminate one’s representation of a client before a matter is complete <withdraw from representationx [Cases: Attorney and Client 0=76(1).] 5. (vf.) To remove a juror <withdraw a biased jurorx 6. (vi.) To leave or retire (from a community or society), 7. (vi.) (Of a condition or immaterial thing) to vanish, depart. withdrawal, „. (18c) 1. The act of taking back or away; removal <withdrawal of consentx 2. The act of retreating from a place, position, or situation <withdrawal from the moot-court competitionx 3. The removal of money from a depository <withdrawal of funds from the checking accountx 4. renunciation (3) <withdrawal from the conspiracy to commit arsonx 5. retraction (4), 6. Parliamentary law. A motion’s removal from consideration by its mover. • The mover controls a motion only until the chair states the question, after which the motion belongs to the assembly and the mover cannot withdraw it without the assembly’s permission. See request for permission to withdraw a motion under request, 7, Parliamentary law. See discharge (9). — withdraw, vb. withdrawal of charges. (1842) The removal of charges by the one bringing them, such as a prosecutor. See nolle prosequi. [Cases: Criminal Law O- 303.5. | withdrawal of counsel. (1875) An attorney’s termination of his or her role in representing a party in a case. • Normally, the attorney must have the court’s permission to withdraw from a case. Permission is usu, sought by a written motion (1) explaining the reason for the requested withdrawal (often, a conflict between attorney and client over a matter such as strategy or fees), and (2) stating whether the client agrees, — Also termed withdrawing of counsel. [Cases: Attorney and Client 0=76(1).] withdrawing a juror. (18c) 'the act or an instance of removing a juror, usu. to obtain a continuance in a case or, sometimes in English practice, to end the case, as when the case has settled, the parties are too anxious to proceed to verdict, or the judge recommends it because the action is not properly before the court. withdrawing of record. 1. With the court ’s permission, taking the record or any portion of it out of the office of the clerk of the court. 2. Hist. A plaintiff’s removing of the nisi prius or trial record to prevent the case from being tried, usu. either before the jury is sworn or afterwards with the consent of defense counsel. withdrawn land. 1. See reserved land under land. 2. See RESERVATION (3). withernam (with-ar-nahm), n, [fr. Saxon weder other” + naam “a taking”] Hist. A reciprocal taking or distress in place of a previous one. See capias in withernam under WITHERNAM. withersake (with-ar-sayk). Archaic. An enemy; esp., a deliberately faithless renegade. with full power. See committee with power under committee (1). withheld sentence. See suspended sentence under SENTENCE. withholding, n. (1940) 1. The practice of deducting a certain amount from a person’s salary, wages, dividends, winnings, or other income, usu. for tax purposes; esp., an employer’s practice of taking out a portion of an employee’s gross earnings and paying that portion to the government for income-tax and social-security purposes. [Cases: Internal Revenue O=>4849; Taxation O=3560.] 2. The money so deducted. — Also termed income-tax withholding. — withhold, vb. withholding of evidence. (1848) The act or an instance of obstructing justice by stifling or suppressing evidence knowing that it is being sought in an official investigation or a judicial proceeding. See obstruction of justice. [Cases: Obstructing Justice 0=5,] withholding tax. See tax. without day. See go hence without day. without delay. (13c) 1. Instantly; at once. 2. Within the time reasonably allowed by law. without dissent. See without objection. without impeachment of waste. (16c) (Of a tenant) not subject to an action for waste; not punishable for waste. • This clause is inserted in a lease to give a tenant the right to take certain actions (such as cutting timber) without being held liable for waste. But a tenant cannot abuse the right and will usu. be held liable for maliciously committing waste. — Also termed absque impe-titione vasti. [Cases: Landlord and Tenant 0=55(2).] without notice. (16c) Lacking actual or constructive knowledge. • To be a bona fide purchaser, one must buy something “without notice” of another’s claim to the item or of defects in the seller’s title. To be a holder in due course, one must take a bill or note “without notice” that it is overdue, has been dishonored, or is subject to a claim. UCC § 3-302(a)(2). See notice; bona fide purchaser under purchaser. [Cases: Bills and Notes 0=331, 336; Sales Q~ 234(1), 473; Vendor and Purchaser 0=220.] without objection. With general consent. — Also termed without dissent. See general consent under consent (2). without prejudice, adv. (15c) Without loss of any rights; in a way that does not harm or cancel the legal rights or privileges of a party <dismissed without prejudice>. See dismissal without prejudice under dismissal (i). without recourse. (18c) (In an indorsement) without liability to subsequent holders. • With this stipulation, one who indorses an instrument indicates that he or she has no further liability to any subsequent holder for payment. — Also termed sans recours. [Cases: Bills and Notes 0^293.] without reserve. Of or relating to an auction at which an item will be sold for the highest bid price. [Cases: Auctions and Auctioneers C™ 7.] without this, that. See absque hoc. with power. See committee with power under committee (i). with prejudice, adv. With loss of all rights; in a way that finally disposes of a party’s claim and bars any future action on that claim <dismissed with prejudices See dismissal with prejudice under dismissal (i). with recourse, adv. (In an indorsement) with liability to subsequent holders, • With this stipulation, one who indorses an instrument indicates that he or she remains liable to the holder for payment. [Cases: Bills and Notes 0280, 286.] with reserve. Of or relating to an auction at which an item will not be sold unless the highest bid exceeds a minimum price. [Cases: Auctions and Auctioneers 07] with strong hand. With force. • In common-law pleading, this term implies a degree of criminal force, esp. as used in forcible-entry statutes. witness, n. (bef. 12c) 1. One who sees, knows, or vouches for something <a witness to a testator’s signatures 2. One who gives testimony under oath or affirmation (1) in person, (2) by oral or written deposition, or (3) by affidavit <the witness to the signature signed the affidavits. • A witness must be legally competent to testify. [Cases: Witnesses O'-224.] — witness, vb. “The term 'witness,' in its strict legal sense, means one who gives evidence in a cause before a court: and in its general sense includes all persons from whose lips testimony is extracted to be used In any judicial proceeding, and so includes deponents and affiants as well as persons delivering oral testimony before a court or jury," 97 C.J.S. Witnesses § 1, at 350 (1957). “Every witness is an editor: he tells you not everything he saw and heard, for that would be impossible, but what he saw and heard and found significant, and what he finds significant depends on his preconceptions." Patrick Devlin, The Criminal Prosecution in England 66 (1960). accomplice witness, (1853) A witness who is an accomplice in the crime that the defendant is charged with. • A codefendant cannot be convicted solely on the testimony of an accomplice witness. [Cases: Criminal Law 0507-512.] adverse witness. See hostile witness. alibi witness. (1897) A witness who testifies that the defendant was in a location other than the scene of the crime at the relevant time; a witness who supports the defendant’s alibi. attesting witness. (18c) One who vouches for the authenticity of another’s signature by signing an instrument that the other has signed <proof of the will requires two attesting witnesses^ — Also termed subscribing witness. [Cases; Evidence 0^374; Wills 0113.] ' character witness. (1893) A witness who testifies about another person’s character traits or community reputation. See character evidence under evidence. [Cases: Witnesses 0^ 37(4), 274.] competent witness. (17c) A witness who is legally qualified to testify. • A lay witness who has personal knowledge of the subject matter of the testimony is competent to testify. Fed. R. Evid. 601-602. [Cases: Witnesses Or-35-79.] corroborating witness. (1853) A witness who confirms or supports someone else’s testimony. [Cases: Witnesses O=>4i0.] court witness. A witness called or re-called to testify by the judge. • The witness called to testify by the court usu. has expertise in the subject matter of the trial and is considered necessary to resolve a conflict in the testimony. The court’s discretion to call its own witnesses exists in both civil and criminal cases. [Cases: Witnesses O"’ 246(2) .J credible witness. (16c) A witness whose testimony is believable. disinterested witness. (18c) A witness who has no private interest in the matter at issue, [Cases: Witnesses Ot>91.] expert witness. (1858) A witness qualified by knowledge, skill, experience, training, or education to provide a scientific, technical, or other specialized opinion about the evidence or a fact issue. Fed. R. Evid. 702-706. — Also termed skilled witness. See expert; daubert test; expert opinion under opinion (3). [Cases; Criminal Law C'478 -480; Evidence 535-546,] going witness. Archaic. A witness who is about to leave a court’s jurisdiction, but not the country. • An example is the witness who leaves one state to go to another. grand-jury witness. (1947) A witness who is called to testify before a grand jury. [Cases: Grand Jury C ; 36.] hostile witness. (1852) A witness who is biased against the examining party, who is unwilling to testify, or who is identified with an adverse party. • A hostile witness may be asked leading questions on direct examination. Fed. R. Evid. 611(c). — Also termed adverse witness. See adverse party under party (2). [Cases: Witnesses Ot244.] interested witness. (18c) A witness who has a direct and private interest in the matter at issue, • Most jurisdictions provide that a person witnessing a will may not be a devisee under the will. The Uniform Probate Code, however, has abrogated this rule. [Cases: Witnesses : ; 91.) lay witness. (1853) A witness who does not testify as an expert and who is therefore restricted to giving an opinion or making an inference that (1) is based on firsthand knowledge, and (2) is helpful in clarifying the testimony or in determining facts. Fed. R. Evid. 701. [Cases: Criminal LawO^448-467; Evidence C=> 470-503.] material witness. (17c) A witness who can testify about matters having some logical connection with the consequential facts, esp. if few others, if any, know about those matters. [Cases: Witnesses C^4.J percipient witness. (1913) A witness who has perceived the things about which he or she testifies. See eyewitness; EARWITNESS. prosecuting witness. (1823) A person who files the complaint that triggers a criminal prosecution and whose testimony the prosecution usu. relies on to secure a conviction. [Cases: Criminal Law 0^210.] qualified witness. (1845) A witness who, by explaining the manner in which a business records are made and kept, is able to lay the foundation for the admission of those records under an exception to the hearsay rule. Fed. R. Evid. 803(6). [Cases: Criminal Law C—444.9; Evidence O^>373.[ rebuttal witness. (1891) A witness who contradicts or attempts to contradict evidence previously presented. res gestae witness. (1894) A witness who, having been at the scene of an incident, can give a firsthand account of what happened. See res gestae. [Cases: Criminal • Law - 361; Evidence 120.] skilled witness. 1. See expert witness. 2. A witness whose degree of knowledge in a particular subject or field is short of the standard for an expert but greater than the knowledge possessed by a typical layperson. [Cases: Criminal LawC- 452, 478; Evidence C-474, 536.] subscribing witness. (17c) One who witnesses the signatures on an instrument and signs at the end of the instrument to that effect. See attesting witness. [Cases: Evidence <W>373; Wills 6)'' 123.] supernumerary witness. An unrequired witness, such as a third witness to a will where only two are required. [Cases: Wills C712.] swift witness. See zealous witness. target witness. (1965) 1. The person who has the knowledge that an investigating body seeks. [Cases: Grand Jury C~ 37] 2. A witness who is called before a grand jury and against whom the government is also seeking an indictment. turncoat witness. (1947) A witness whose testimony was expected to be favorable but who becomes (usu. during the trial) a hostile witness. ultroneous witness. Scots law. A witness who comes forward without being summoned to appear in court. zealous witness (zel-as). (1868) A witness who shows partiality toward the litigant that called him or her to testify and who seems eager to help that side in the lawsuit. — Also termed swift witness. witness box. See witness stand. witness clause. See testimonium clause. witnesseth, vb. Shows; records. • This term, usu. set in all capitals, commonly separates the prebminaries in a contract, up through the recitals, from the contractual terms themselves. Modern drafters increasingly avoid it as an antiquated relic. Traditionally, the subject of this verb was This Agreement: the sentence, boiled down, was This Agreement witnesseth [i.e., shows or records] that, whereas [theparties have agreed to contract with one another], theparties therefore agree as follows .... Many modern contracts erroneously retain the IVifnes-seth even though a new verb appears in the preamble: This Agreement is between [one party and the other party]. After the preamble is a period, followed by an all-capped witnesseth. It is an example of a form retained long after its utility, and most lawyers do not know what it means or even what purpose it once served. witness fee. See fee (i). witnessing part. 1. See attestation clause. 2. See TESTATUM (2). witness jurat. See jurat. witness-protection program. (1970) A federal or state program in which a person who testifies against a criminal is assigned a new identity and relocated to another part of the country to avoid retaliation by anyone convicted as a result of that testimony. • The Federal Witness Protection Program was established by the Organized Crime Control Act of 1970 and is administered by the marshals of the U.S. Justice Department. witness stand. (1853) The space in a courtroom, usu. a boxed area, occupied by a witness while testifying, — Offen shortened to stand. — Also termed witness box. [Cases: Witnesses fW-228.] witness-tampering. (1924) The act or an instance of obstructing justice by intimidating, influencing, or harassing a witness before or after the witness testifies. • Several state and federal laws, including the Victim and Witness Protection Act of 1982 (18 USCA § 1512), provide criminal penalties for tampering with witnesses or other persons in the context of a pending investigation or official proceeding. See obstruction of justice. [Cases: Obstructing Justice C~>5.] witword (wit-ward). Hist. 1. A legally allowed claim; esp., the right to vindicate ownership or possession by one’s affirmation under oath. 2. A will or testament. W.L. abbr. westlaw. wobbler. Slang. A crime that can be charged as either a felony or a misdemeanor. [Cases: Criminal Law C 27.] wolf’s head. Hist. An outlaw, who was formerly often referred to as carrying a wolf’s head (.caput lupinum) and to be no more than a wild beast or wolf who could be slain and whose head could be carried to the king. — Also termed woolferthfod. See outlaw. “Outlawry is the last weapon of ancient law, but one that it must often use. As has been well said, it is the sentence of death pronounced by a community which has no police constables or professional hangmen. To pursue the outlaw and knock him on the head as though he were a wild beast is the right and duty of every law-abiding man. ‘Let him bear the wolf’s head:’ this phrase is in use even in the thirteenth century.” 1 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 1476 (2d ed. 1898). Women’s Bureau. A unit in the U.S. Department of Labor responsible for formulating policies and standards to promote the welfare of wage-earning women. women’s shelter. See shelter. Women’s Suffrage Amendment. See nineteenth AMENDMENT. wood-corn, n. Hist. A quantity of oats or grain paid by customary tenants to a lord for the privilege of picking up dead or broken wood. wood-geld (wuud-geld). Hist. 1. Money paid for the privilege of taking wood from a forest. 2. Immunity from paying money for this privilege. — Also termed pudzeld. wood-leave. Hist. A license or right to cut down, remove, and use standing timber. wood-mote (wuud-moht). See court of attachments. Wood-Plea Court. Hist. A court held twice a year in Clun Forest, in Shropshire, to determine matters of wood and agistments. woodshedding. See horseshedding. woodward (wuud-word), n. Hist. A forest officer who patrols and protects the forest. [Cases: Woods and Forests C=>7.] woolferthfod. See wolf’s head. w.o.p. abbr. want of prosecution. word of art. See term of art. words actionable in themselves. (18c) Language that is libelous or slanderous per se. See slander per se under slander; libel per se under libel. [Cases: Libel and Slander C '33. words of limitation. (16c) Language in a conveying instrument — often nonliteral language — describing the extent or quality of an estate. • For example, under long-standing principles of property law, the phrase “to A and her heirs” creates a fee simple in A but gives nothing to A’s heirs. See limitation (4). [Cases: Deeds 0120-136; Wills 0591, 597(4).] ‘“Words of limitation’ is the phrase used to describe the words which limit (i.e., delimit or mark out) the estate to be taken. Thus in a conveyance today ‘to A in fee simple,’ the words ‘in fee simple’ are words of limitation, for they show what estate A is to have.” Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 29 (6th ed. 1993). words of negotiability. See negotiable words. words of procreation (proh-kree-ay-shan). (18c) Language in a deed essential to create an estate tail, such as an estate “to A and the heirs of his body. [Cases: DeedsC 127. words of purchase. (17c) Language in a deed or will designating the persons who are to receive the grant. • For example, the phrase “to A for life with a remainder to her heirs” creates a life estate in A and a remainder in A’s heirs. See purchase (2). [Cases: Deeds C~ 105, 120-136; Wills 0597(4).] words of severance. In a grant of lands, words showing that the tenants were each to take a distinct share in the property as opposed to undivided portions. • Typical words of severance are share and share alike, to be divided among, equally, and between. [Cases: Deeds 0123, 136.] work, n. 1. Physical and mental exertion to attain an end, esp. as controlled by and for the benefit of an employer; labor. additional work. 1. Work that results from a change or alteration in plans concerning the work required, usu. under a construction contract; added work necessary to meet the performance goals under a contract. [Cases: Contracts 0=232(1).] 2. See extra work. extra work. In construction law, work not required under the contract; something done or furnished in addition to the contract’s requirements; work entirely outside and independent of the contract and not contemplated by it. • A contractor is usu. entitled to charge for extra work consisting of labor and materials not contemplated by or subsumed within the original contract, at least to the extent that the property owner agrees to a change order. Materials and labor not contemplated by the contract, but that are required by later changes in the plans and specifications, are considered to be extra work. — Also termed additional work. [Cases: Contracts 0=232(1).] heavy work. Work involving frequent lifting and carrying of large items. • Under the Social Security Administration regulations for describing a worker’s physical limitations, heavy work involves lifting no more than 100 pounds, with frequent lifting or carrying of objects weighing up to 50 pounds. 20 CFR § 404. [Cases: Social Security and Public Welfare O= 140.40, 143.70-143.80.] inherently dangerous work. Work 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. [Cases: Labor and Employment '0=2872.] light work. Work involving some limited lifting and moving. • Under the Social Security Administration regulations for describing a worker’s physical limitations, light work includes walking, standing, sitting wrhile pushing or pulling arm or leg controls, and lifting no more than 20 pounds, with frequent lifting or carrying of objects that weigh up to 10 pounds. 20 CFR § 404. [Cases: Social Security and Public Welfare O140.40, 143.85.] medium work. Work involving some frequent lifting and moving. • Under the Social Security Administration regulations for describing a worker’s physical limitations, medium work includes lifting up to 50 pounds, with frequent lifting or carrying of objects weighing up to 25 pounds. 20 CFR § 404. [Cases: Social Security and Public Welfare 0-140.40, 143.70-143.80.] sedentary work. Work involving light lifting and only occasional walking or standing. • Under the Social Security Administration regulations for describing a worker’s physical limitations, sedentary work involves lifting of no more than ten pounds, occasionally carrying small items such as docket files and small tools, and occasional standing or walking. 20 CFR § 404. [Cases: Social Security and Public Welfare O’140.40, 143.85.] " semi-skilled work. Work that may require some alertness and close attention, such as inspecting items or machinery for irregularities, or guarding property or people against loss or injury. 20 CFR § 404.1568(b). — Also written semiskilled work. [Cases: Social Security and Public Welfare 0140.40,143.70-143.85.] skilled work. Work requiring the worker to use judgment, deal with the public, analyze facts and figures, or work with abstract ideas at a high level of complexity. 20 CFR § 404. [Cases; Social Security and Public Welfare O140.40, 143.70-143.85.] unskilled work. Work requiring little or no judgment, and involving simple tasks that can be learned quickly on the job. 20 CFR § 404. [Cases: Social Security and Public Welfare O 140.40,143.70-143.85.] very heavy work. Work involving frequent lifting of very large objects and frequent carrying of large objects. • Under the Social Security Administration regulations for describing a worker’s physical limitations, very heavy work involves lifting 100 pounds or more, and frequent lifting or carrying of objects weighing 50 pounds or more. 20 CFR § 404.1567(e). [Cases: Social Security and Public Welfare 0=140.40, 143.70-143.80.] ' work of necessity. Work reasonably essential to the public’s economic, social, or moral welfare as determined by the community standards at a particular time, and (formerly) excepted from the operation of blue laws. See blue law. [Cases: Sunday 0=7.] 2. Copyright. An original expression, in fixed or tangible form (such as paper, audiotape, or computer disk), that maybe entitled to common-law or statutory copyright protection. • A work may take many different forms, including art, sculpture, literature, music, crafts, software, and photography. [Cases: Copyrights and Intellectual Property 0=3.] anonymous work. A work that, on copies or phono-records, does not identify any natural person as the author. 17USCA § 101. architectural work. The copyrightable design of a building, as fixed in tangible media such as plans, drawings, and the building itself. 17 USCA § 102(8). • Only the overall design is protected, not each design element. This category of works was added to U.S. law by the Berne Convention Implementation Act of 1988. It is one of eight categories eligible for copyright protection. [Cases: Copyrights and Intellectual Property 0=6.] artistic work. Any visual representation, such as a painting, drawing, map, photograph, sculpture, engraving, or architectural plan. [Cases: Copyrights and Intellectual Property 0=6.] audiovisual work. A work consisting of related images that are presented in a series, usu. with the aid of a machine, and accompanied by sound. • An example of an audiovisual work is a lecture illustrated with a film strip, or a movie with a soundtrack. [Cases: Copyrights and Intellectual Property 0=10.1.] collective work. (1870) 1. A publication (such as a periodical issue, anthology, or encyclopedia) in which several contributions, constituting separate and independent works in themselves, are assembled into a copyrightable whole. [Cases: Copyrights and Intellectual Property 0=41(3).] 2. A selection and arrangement of brief portions of different movies, television shows, or radio shows into a single copyrightable work. • If the selecting and arranging involves any originality, the person who selects and arranges the clips may claim a copyright even if copyright cannot be claimed in the individual component parts. Cf. compilation (i). [Cases: Copyrights and Intellectual Property C= 12(3).] “If a work is not joint and not derivative but nevertheless consists of works of authorship created by more than one person, it is a compilation of some sort except for the possibility that it is a work for hire. ... If the component parts have an independent identity, that is, they are works of authorship, then the compilation is a collective work, a type of compilation." Arthur R. Miller & Michael H. Davis, Intellectual Property In a Nutshell 374 (2d ed. 1990). composite work (ksm-poz-it). (1910) An original publication that relates to a variety of subjects and includes discrete selections from many authors. • Although the distinguishable parts are separately protectable, the owner of the composite work — not the individual authors — owns the renewal term, if any. 17 USCA § 304(a). [Cases: Copyrights and Intellectual Property 038.] ‘ creative work. See work of authorship. derivative work, (1965) A copyrightable creation that is based on a preexisting product; a translation, musical arrangement, fictionalization, motion-picture version, abridgment, or any other recast or adapted form of an original work, • Only the holder of the copyright on the original form can produce or permit someone else to produce a derivative work. 17 USCA § 101. — Sometimes shortened to derivative. Cf. compilation (i), [Cases; Copyrights and Intellectual Property1^' 12(3).] “[W]hile a compilation consists merely of the selection and arrangement of pre-existing material without any internal changes in such material, a derivative work involves recasting or transformation, i.e., changes in the pre-existing material, whether or not it is juxtaposed in an arrangement with other pre-existing materials. A catalog constitutes a compilation, and a translation of a pre-existing work constitutes a derivative work,” 1 Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 3.02, at 3-5 (Supp. 1997). dramatic work. Any form of nonliterary work created for performance and viewing. • The term includes plays, scripts, films, choreographic works, and similar creations. [Cases: Copyrights and Intellectual Property 0^*7,] joint work. A work created or developed by two or more people whose contributions blend inseparably or interdependently into the whole work. • The cocreators have equal legal rights to register and enjoy the copyright, but this does not affect any other contractually unequal ownership arrangements. [Cases: Copyrights and Intellectual Property 0- 41(3).] literary work. (18c) A nonaudiovisual work that is expressed in verbal, numerical, or other symbols, such as words or musical notation, and embodied in some type of physical object. • Literary works are one of eight general categories that are eligible for copyright protection. 17 USCA § 102. Cf. literary composition. [Cases; Copyrights and Intellectual Property C--5.] “Copyright protection extends to literary works which are defined as works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards in which they are embodied. The term ‘literary work' does not connote any criterion of literary merit or qualitative value and includes catalogs and directories; similar factual, reference or instructional works; compilations of data; computer data bases, and computer programs.” 18 Am.Jur. 2d Copyright and Literary Property § 25, at 360 (1985). pictorial, graphic, and sculptural work. Two - or threedimensional works of graphic, fine, or applied art that are eligible for copyright protection. • This is one of eight general classifications covered by copyright law. Examples include globes, architectural drawings, photographs, and models. 17 USCA § 102. — Abbr. PGS. [Cases: Copyrights and Intellectual Property O>6.] ' posthumous work. The product of an author who died before publication. [Cases: Copyrights and Intellectual Property 0^33.] pseudonymous work. A work done by an author who uses a fictitious name. work for hire. A copyrightable work produced either by an employee within the scope of employment or by an independent contractor under a written agreement; esp., a work specially ordered or commissioned for use as (I) a contribution to a collective work, (2) a translation, (3) a supplementary work, (4) a part of a movie or other audiovisual work, (5) a compilation, (6) an instructional text, (7) a test, (8) answer material for a test, or (9) an atlas. • If the work is produced by an independent contractor, the parties must agree expressly in writing that the work will be a work for hire. The employer or commissioning party owns the copyright. 17 USCA § 101. — Also termed work made for hire. [Cases: Copyrights and Intellectual Property 041(2).] work of authorship. The product of creative expression, such as literature, music, art, and graphic designs. • Copyright protects a work of authorship if it meets three criteria. First, the work must be original, not a copy. Second, the work must be presented in a fixed medium, such as a computer disk, a canvas, or paper. Finally, some creativity must have been involved in the work’s creation, although the amount of creativity required depends on the particular work. — Also termed creative work. [Cases: Copyrights and Intellectual Property C;-4.] work of the United States government. A work created by a U.S. government officer or employee in the course of performing official duties. • By statute, federal-government works may not be copyrighted. [Cases: Copyrights and Intellectual Property 10.3.] work, vb. 1. To exert effort; to perform, either physically or mentally clawyers work long hours during trialx 2. To function properly; to produce a desired effect cthe strategy workedx 3, Patents. To develop and use (a patented invention, esp. to make it commercially available) <the patentee failed to work the patentx • Failure to work a patent in a specified amount of time is grounds for a compulsory license in some countries. [Cases: Patents () 191.[ “A patentee has the exclusive right to make, use, or sell the invention, 35 U.S.C.A. § 154. The right includes the right to refrain from making, using, or selling the invention. In many foreign countries, the inventor is obliged to ‘work’ the patent and if he does not do so, he can be required to grant a compulsory license to others who wish to exploit the invention. But an American patentee is under no such duty, although there are antitrust implications involved in the failure to work a patent.” Arthur R. Miller & Michael K. Davis, Intellectual Property in a Nutshell 128-29 (2d ed. 1990). work and labor. Hist, A common count in an action of assumpsit for the work and labor performed and materials furnished by the plaintiff. See assumpsit. [Cases: Assumpsit, Action of <0x’5.] worker. 1. One who labors to attain an end; esp., a person employed to do work for another. 2. A person who offers to perform services for compensation in the employ of another, whether or not the person is so employed at a given time. Worker Adjustment and Retraining Notification Act, A federal law that requires an employer to provide notice of a plant closing or mass layoff, 60 days before the closing or layoff, to the employees, the state-dislocated-workers unit, and the chief elected official of the unit of local government where the plant closing or layoff is to occur. 29 USCA §§ 2101-2109. — Abbr. WARN. [Cases: Labor and Employment <C^>3202.] workers’ compensation. A system of providing benefits to an employee for injuries occurring in the scope of employment. • Most workers’-compensation statutes both hold the employer strictly liable and bar the employee from suing the employer in tort. — Abbr. WC. — Also termed workmens compensation; employers’ liability. [Cases: Workers’ Compensation 0^11.] “Workers’ compensation laws were designed to provide employees with expansive protection against the consequences of employment-related injuries. Injured workers no longer had to establish negligence attributable to their employer in order to obtain legal redress. They merely had to demonstrate that their conditions arose out of and during the course of their employment.” Mark A. Rothstein et al., Employment Law § 7.3, at 406 (1994). workers’-compensation act. A statute by which employers are made responsible for bodily harm to their workers arising out of and in the course of their employment, regardless of the fault of either the employee or the employer. [Cases: Workers’ Compensation CTM, 6 J workers’-compensation board. An agency that reviews cases arising under workers’-compensation statutes and administers the related rules and regulations. — Also termed workers'-compensation commission, [Cases: Workers’ Compensation O'-1076-1096.10.] "Workers’ compensation boards . . . are tribunals ... of limited and special jurisdiction and have only such authority and power as have been conferred upon them by express grant, or by implication as necessary and incidental to the full exercise of their authority. The functions of such agencies may include the settlement of disputes with respect to the right to and the amount of compensation, the supervision of voluntary settlements or agreements, the collection and administration of compensation funds, and the supervision and regulation of matters pertaining to compensation insurance." 82 Am. jur. 2d Workers’ Compensation § 56, at 65 (1992). workers’-compensation lien. See lien, workers’-compensation subrogation lien. See workers’-compensation lien under lien. workfare. (1969) A system of requiring a person receiving a public-welfare benefit to earn that benefit by performing a job provided by a government agency or undergoing job training. [Cases; Social Security and Public Welfare 0^4.15.] work for hire. See work (2). work furlough (far-loh). (1960) A prison-treatment program allowing an inmate to be released during the day to work in the community. See work-release program. [Cases: Prisons C~>174.] work-furlough program. See work-release program. workhouse. (17c) A jail for criminals who have committed minor offenses and are serving short sentences. [Cases: Prisons 0^213,] working capital. See capital. working capital acceptance. See finance bill under bill (6). working control. See control. working example. See example. working interest. Oil & gas. The rights to the mineral interest granted by an oil-and-gas lease, so called because the lessee acquires the right to work on the leased property to search, develop, and produce oil and gas, as well as the obligation to pay all costs. See royalty (2). — Also termed leasehold interest; operating interest. [Cases: Mines and Minerals C°73.1(2).J working model. Patents. A sample of an invention, usu, built for testing and for displaying to potential buyers. • The building of a working model is called “actual reduction to practice.” It is not required for a patent, but it can help the applicant to clarify the description and to establish a date of invention in the event of an interference. [Cases: Patents C -’90(6).] working papers. 1. work permit; esp., an employment certificate or permit required of an employer in some states before a minor may be hired. 2. Accounting. The records kept by an independent auditor of the procedures followed, tests performed, information obtained, and conclusions reached in an audit. • A reviewer may evaluate the quality of an audit by examining the working papers. work-in-process. A product being manufactured or assembled but not yet completed. — Abbr. WIP. — Also termed work-in-progress. work made for hire. See work for hire under work (2). workmen’s compensation. See workers’ compensation. work of authorship. See work (2). work of necessity. See work (1). work of the United States government. See work (2). workout, n. 1. The act of restructuring or refinancing overdue loans. 2, Bankruptcy. A debtor’s agreement, usu. negotiated with a creditor or creditors out of court, to reduce or discharge the debt, — work out, vb. work permit. An alien’s documentary work authorization from the Immigration and Naturalization Service. • Under the Immigration Reform and Control Act of 1986, it is illegal for an employer to hire an alien who lacks a work permit. 8 USCA § 1324(a)(1). — Also termed workingpapers. workpiece. Patents. The embodiment of an invention, usu. a device, as the patent claims describe how to make and use it. [Cases: Patents 165(4).] workplace. A person’s place of employment or work setting in general. See safe workplace. work product 1746 work product. (1947) Tangible material or its intangible equivalent — in unwritten or oral form — that was either prepared by or for a lawyer or prepared for litigation, either planned or in progress. • Work product is generally exempt from discovery or other compelled disclosure. The term is also used to describe the products of a party’s investigation or communications concerning the subject matter of a lawsuit if made (1) to assist in the prosecution or defense of a pending suit, or (2) in reasonable anticipation of litigation. Fed. R. Evid. 26. — Also termed attorney work product. [Cases: Criminal Law C -627.5(6); Federal Civil Procedure O~-> 1604; Pretrial Procedure <—35, 358.] core work product. See opinion work product, fact work product. A lawyer’s tangible work product that includes facts but not the lawyer’s mental impressions. • Fact work product is subject to a qualified privilege. It is not discoverable unless the party seeking discovery can show (1) a substantial need for the materials and (2) an inability to acquire the information by any other means without undue hardship. See Fed. R. Evid. 26(b)(3). — Also termed ordinary work product. [Cases: Criminal Law 0-627.5(6); Eederal Civil Procedure O '16()4; Pretrial Procedure 035, 358.] opinion work product. A lawyer’s opinions, mental impressions, conclusions, and legal theories arising from a client’s case. • An adversary usu. cannot gain access to this work product despite showing substantial need and undue hardship. Fed. R. Evid. 26(b)(3), — Also termed core work product. [Cases: Criminal Law<_627.5(6); Federal Civil Procedure <01604; Pretrial Procedure <035, 358.] ordinary work product. See fact work product. work-product rule. (1954) The rule providing for quali- fied immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495,67 S.Ct. 385 (1947). — Also termed work-product immunity, work-product privilege; work-product exemption; attorney-work-product privilege. [Cases: Criminal Law <0627.5(6); Federal Civil Procedure <O 1604; Pretrial Procedure <035.] “Although the work-product rule has often been spoken of as creating a 'privilege,' it is a qualified one that does not grant full immunity from discovery. To the extent the term 'privilege' causes confusion between the work-product rule and the absolute privilege for confidential communications between attorney and client, it is important to keep in mind this distinction. . . . Rule 26(b)(3) provides that work-product material is subject to discovery ‘only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the party’s case and that the party is unabie without undue hardship to obtain the substantial equivalent of the materials by other means."’ 8 Charles Alan Wright et al., Federal Practice and Procedure § 2025, at 371, 373-74 (2d ed. 1994). work-release program. (1964) A correctional program allowing a prison inmate — primarily one being readied for discharge — to hold a job outside prison. — Also termed work-furlough program. See halfway house. [Cases: Prisons <O 174.) works. 1. A mill, factory, or other establishment for manufacturing or other industrial purposes; a manufacturing plant; a factory. 2. Any building or structure on land. • Some states also include structures built in the sea, such as offshore-drilling platforms. new works. Civil law. A structure newly commenced on a particular estate. • A denunciation of new works is a remedy allowed for an adjacent landowner whose property wil 1 be injured if the structure is completed. public works. Structures (such as roads or dams) built by the government for public use and paid for by public funds. [Cases: States <083.] work stoppage, A cessation of work; strike. world. 1. The planet Earth <the world has limited natural resources;-. 2. All the Earth’s inhabitants; the public generally <the world will benefit from this discovery;*. 3. All persons who have a claim or acquire an interest in a particular subject matter <a judgment in rem binds all the world>. World Bank. A U.N. specialized agency established in 1945 to provide loans that aid in economic development, through economically sustainable enterprises. • Its capital derives from both U.N. member states and loans on the open market. — Also termed International Bank for Reconstruction and Development. [Cases: International I.aw <Oi0.45(2).] World Court. See international court of justice. world fund. See global fund under mutual fund. World Intellectual Property Organization. An agency of the United Nations Educational, Scientific, and Cultural Organization formed in 1967 to (1) promote intellectual-property protection worldwide through cooperation among nations, and (2) administer multilateral treaties dealing with legal and administrative aspects of intellectual property. • The organization’s headquarters are in Geneva, Switzerland. — Abbr. WIP0. worldly, adj. Of or relating to the present state of existence; temporal; earthly <worldly possessions;*. See SECULAR. World Trade Organization. The body charged with enforcing intellectual-property provisions of the GATT treaty. • WTO comprises the signatories of the Uruguay Round of GATT negotiations. — Abbr. WTO. See trips. worldwide military-locator service. A search service that locates the current duty station of a member of any branch of the United States military services, esp. for enforcing the service member’s child-support obligations. • Each branch of the armed forces maintains a worldwide locator service that is available to military and nonmilitary persons, their counsel, and Title IV-D agencies. Use of the locator service requires the member’s full name and social-security number. worship. 1. Any form of religious devotion, ritual, or service showing reverence, esp. for a divine being or supernatural power <freedom of worships [Cases: Religious Societies C—1.[ public worship. 1. Worship conducted by a religious society according to the society’s system of ecclesiastical authority, ritual propriety, and rules and regulations. 2. Worship under public authority, 3, Worship in a public place, without privacy or concealment. 4. Worship allowed by all members of the public equally. 2. English law. A. title of honor or dignity used in addressing certain magistrates or other high officers. • The title is always preceded by a possessive pronoun, usu.yowr <your worship>. wort (wart), n. Archaic. A country farm; a curtilage. — Also termed worth. worth, n. (bef. 12c) 1. The monetary value of athing; the sum of the qualities that render a thing valuable and useful, expressed in the current medium of exchange. 2. The emotional or sentimental value of something. 3. The total wealth held by a person or entity. net tangible worth. A corporations net physical value, calculated by subtracting the liabilities from the value of the tangible assets then dividing by the number of outstanding shares. net worth. A measure of one’s wealth, usu. calculated as the excess of total assets over total liabilities. — Also termed net assets. [Cases: Internal Revenue 4530.] tangible worth. The amount of wealth held in the form of physical, valuable assets, such as cash and equipment. 4. WORT. worthier-title doctrine. (1935) 1. Hist. The common-law . doctrine that if a beneficiary of a will would receive an identical interest as an heir under the laws of intestacy, the person takes the interest as an heir rather than as a beneficiary. • The doctrine has been abolished in most states. [Cases: Wills 0^713.] 2. Property. The doctrine that favors a grantor’s intent by construing a grant as a reversion in the grantor instead of as a remainder in the grantor’s heirs. — Also termed doctrine of worthier title. See remainder; reversion. worthiest of blood, n. Hist. Of or relating to males, because of the preference given them in the laws of descent. See primogeniture. “Thus sons shall be admitted before daughters; or, as our male lawgivers have somewhat uncomplaisantly expressed it, the worthiest blood shall be preferred. As if John Stiles hath two sons, Matthew and Gilbert, and two daughters, Margaret and Charlotte, and dies; first Matthew, and (in case of his death without issue) then Gilbert shall be admitted to the succession in preference to both the daughters.” 2 William Blackstone, Commentaries on the Laws of England 213 (1766). worthless, adj. Totally lacking worth; of no use or value. worthless check. See bad check under check. worthless person. Archaic. A person who owns nothing. worthless security. See security. worthy, adj. Having worth; possessing merit; valuable, wounded feelings. (18c) Injuries resulting from insults, indignity, or humiliation, as distinguished from the usualmental pain and suffering consequent to physical injury. [Cases: Damages <^-'57.11, 57.17, 57.24.] wounding. (14c) 1. An injury, esp. one involving a rupture of the skin. 2. An injury to feelings or reputation. 3. Hist. An aggravated type of assault and battery in which one person seriously injures another. wrap account. See account. wraparound mortgage. See mortgage. wrap-fee account. See wrap account under account. wreck, n. 1. shipwreck. 2. Goods cast ashore from a wrecked vessel and not claimed by the owner within a specified period (such as one year). wreckfree, adj. (Of a port, etc.) exempt from the forfeiture of shipwrecked goods and vessels to the Crown, writ (rit). (bef. 12c) A court’s written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act. [Cases: Injunction C- 202.] “[Wjrits have a long history. We can trace their formal origin to the Anglo-Saxon formulae by which the king used to communicate his pleasure to persons and courts. The Anglo-Norman writs, which we meet with after the Conquest, are substantially the Anglo-Saxon writs turned into Latin. But what is new is the much greater use made of them, owing to the increase of royal power which came with the Conquest.” W.S. Holdsworth, Sources and Literature of English Law 20 (1925). alias writ. (18c) An additional writ issued after another writ of the same kind in the same case. • It derives its name from a Latin phrase that formerly appeared in alias writs: sicut alias praecipimus, meaning “as we at another time commanded.” Cf. alias execution under execution. [Cases: Process 0—45.] alternative writ. (1827) A common-law writ commanding the person against whom it is issued either to do a specific thing or to show cause why the court should not order it to be done. [Cases: Mandamus 0158.] close writ. Hist. 1. A royal writ sealed because the contents were not deemed appropriate for public inspection. Cf. patent writ-, clause rolls. 2. A writ directed to a sheriff instead of to a lord. concurrent writ. A duplicate of an original writ (esp. a summons), issued either at the same time as the original writ or at any time while the original writ is valid, counterpart writ. (1841) A copy of an original writ, to be sent to a court in another county where the defendant is located. extraordinary writ, (17c) A writ issued by a court exercising unusual or discretionary power, • Examples are certiorari, habeas corpus, mandamus, and prohibition, — Also termed prerogative writ. Cf. extraordinary relief under relief. [Cases: Courts Cu>207.] ground writ. Hist. A writ issued in a county having venue of an action in order to allow a writ of capias ad satisfaciendum or of fieri facias to be executed in a county where the defendant or the defendant’s property was found. • These two writs could not be executed in a county other than the county having venue of the action until a ground writ and then a testatum writ were first issued. This requirement was abolished in 1852. Cf. testatum. judicial writ. (16c) 1, A writ issuing from the court to which the original writ was returnable; a writ issued under the private seal of the court and not under the great seal of England. Cf. original writ. 2. Any writ issued by a court. junior writ. (1839) A writ issued at a later time than a similar writ, such as a later writ issued by a different party or a later writ on a different claim against the same defendant. optional writ. (18c) At common law, an original writ issued when the plaintiff seeks specific damages, such as payment of a liquidated debt. • The writ commands the defendant either to do a specified thing or to show why the thing has not been done. original writ. (16c) A writ commencing an action and directing the defendant to appear and answer. • In the United States, this writ has been largely superseded by the summons. At common law, this type of writ was a mandatory letter issuing from the court of chancery under the great seal, and in the king’s name, directed to the sheriff of the county where the injury was alleged to have occurred, containing a summary statement of the cause of complaint, and requiring the sheriff in most cases to command the defendant to satisfy the claim or else appear in court to account for not satisfying it. — Sometimes shortened to original. See summons. [Cases: Process C '8.[ patent writ (pay-tant). Hist. An open writ; one not closed or sealed up. Cf. close writ. peremptory writ (par emp-t.i-ree). (18c) At common law, an original writ issued when the plaintiff seeks only general damages, as in an action for trespass. • The writ, which is issued only after the plaintiff gives security for costs, directs the sheriff to have the defendant appear in court. [Cases: Mandamus 179.] pluries writ. See pluries. prerogative writ. See extraordinary writ. testatum writ (les-tay-tsm). See testatum. vicontiel writ (vi-kon-tee-al). Hist. A writ triable in the county court. • In the 13th—14th centuries, civil litigation could originate in the county court either by oral plaint or by a writ from the Chancery ordering the sheriff to do justice in a case. The writ that began such a proceeding was called vicontiel because it was addressed to the sheriff. See vicontiel (a). “Vicontiel writs were of two sorts, the one founded on Torts, the other on Contracts. The vicontielwrits adapted for torts, were those of trespass, replegiari facias, nuisance, and others of the like nature; and those of matters of contract were called writs of justicies, which was a command to the sheriff to do justice between the parties . . . 1 George Crompton, Practice Common-Placed: Rules and Cases of Practice in the Courts of King's Bench and Common Pleas vii-viii (3d ed. 1787). writ of capias. See capias. writ de haeretico comburendo. See de haerf.tico comburendo. write down, vb. Accounting. To transfer part of the balance (of an asset account) to an expense or loss account to reflect the asset’s diminished value. write off, vb. Accounting. To transfer the entire balance (of an asset account) to an expense or loss account to reflect the asset’s total loss of value <the partnership wrote off the bad debt>, — write-off, n. See tax writeoff. — write-off, n. writer. Securities. 1, A person or institution that sells securities or futures option contracts. 2. See insurance underwriter (1) under underwriter. writer of the tallies. English law. An officer of the Exchequer who writes on the tallies the letters of tellers’ bills. See TALLY. Writer to the Signet. Scots law. 1. Hist. A member of the College of Justice, founded in 1532.2. A member of an Edinburgh society of solicitors who hold a few special privileges in the preparation of official documents. write-up, n. 1. A memorandum of a conference between an employer and an employee, usu. held to discuss the employee’s poor work performance or a disciplinary action against the employee. 2. A publication (such as a newspaper article) about a particular person, thing, or event. write-up, vb. Accounting. To increase the valuation of an asset in a financial statement to reflect current value. • With a few minor exceptions, this is generally not permitted. writ fi fa. See testatum (i). writing, n. Any intentional recording of words that may be viewed or heard with or without mechanical aids. • This includes hard-copy documents, electronic documents on computer media, audio and videotapes, e-mails, and any other media on which words can be recorded. signed writing. A writing to which a person’s signature has been affixed in some form. See signature. writing obligatory, n. A bond; a written obligation, as technically described in a pleading. writ of ad quod damnum. See ad quod damnum. writ of aiel (ay-al). See aiel (2). writ of assistance. 1. A writ to enforce a court’s decree transferring real property, the title of which has been previously adjudicated. [Cases: Assistance, Writ of CM 1.] 2. Hist. A writ issued by the Court of Exchequer ordering the sheriff to assist in collecting a debt owed the Crown. 3, Hist. In colonial America, a writ issued by a superior colonial court authorizing an officer of the Crown to enter and search any premises suspected of containing contraband. • The attempted use of this writ in Massachusetts — defeated in 1761 — was one of the acts that led to the American Revolution. writ of association. Hist. English law. A writ whereby certain persons (usu. the clerk of assize and subordinate officers) were directed to associate themselves with the justices and serjeants so that there would be an adequate supply of commissioners for the assizes. writ of attachment. See attachment (3). writ of audita querela. See audita querela. writ of capias. See capias. writ of capias ad respondendum. See capias. writ of capias ad satisfaciendum. See capias. writ of certiorari. See certiorari. writ of conspiracy. Hist, A writ against one who con- spired to injure the plaintiff, esp. by indicting the plaintiff for treason or felony. • Under common law, all other circumstances of conspiracy were actions on the case. [Cases: Conspiracy CM 15.] writ of consultation. An extraordinary writ issued by an appellate court ordering a lower court to proceed in a matter that the lower court previously refused to hear. Cf. prohibition (2). writ of coram nobis. See coram nobis. writ of coram vobis. See coram vobis. writ of course. (17c) A writ issued as a matter of course or granted as a matter of right. — Also termed writ of right; breve de cursu. writ of covenant. Hist. A writ for one claiming damages as a result of a breach of a promise under seal or other covenant. — Also termed breve de conventione (breev or bree-vee dee kan-ven-shee-oh-nee), “The writ of covenant (breve de conventione) is not mentioned by Clanvill; but it appears within a short time after the publication of his book and already in the early years of Henry III. It can be had ‘as of course,' at all events when the tenement that is in question is of small value. Before Henry's death it has become a popular writ.... The great majority of actions of covenant are brought merely in order that they may be compromised. We doubt whether any principle was involved in the choice: but may infer that the procedure instituted by this writ was cheap and expeditious for those who wished to get to their final concord." 2 Frederick Pollock & Frederic W, Maitland, The History of English Law Before the Time of Edward I 216-17 (2d ed. 1899). writ of debt. See debt (4). writ of deceit. Hist. A writ against one who deceives and damages another by acting in the other’s name. writ of deliverance. See deliverance (3). writ of detinue. (17c) A writ in an action for detinue. See detinue. [Cases: Detinue CAM.] writ of dower. 1. de dote unde nihil habet. 2. A widow’s writ of right of dower providing her the remainder of the dower to which she is entitled after part of it had been assigned by the tenant. [Cases: Dower and Curtesy CM'70.1.] writ of ejectment. (17c) The writ in an action of ejectment for the recovery of land. See ejectment. [Cases: Ejectment CM 120.] writ of elegit. See elegit. writ of entry. (16c) A writ that allows a person wrongfully dispossessed of real property to enter and retake the property. writ of error. (15c) 1. A writ issued by an appellate court directing a lower court to deliver the record in the case for review. Cf. assignment of error. [Cases: Appeal and Error 5, 398.] “The writ of error is the most common of all the forms of remedial process available to an unsuccessful party after a final determination of the merits of the action, and is in common use in this country at the present time, where the common-law modes of procedure are followed. Its object... is to obtain a reversal of the judgment, either by reason of some error in fact affecting the validity and regularity of the legal decision itself, or on account of some mistake or error in law, apparent upon the face of the record, from which the judgment appears to have been given for the wrong party." Benjamin J. Shipman, Handbook of Common-Law Pleading § 337, at 538 (Henry Winthrop Ballantine ed., 3d ed. 1923). writ of error coram nobis. See coram nobis. writ of error coram vobis. See CORAM vobis. 2. Hist. A writ issued by a chancery court, at the request of a party who was unsuccessful at trial, directing the trial court either to examine the record itself or to send it to another court of appellate jurisdiction to be examined, so that some alleged error in the proceedings may be corrected. writ of escheat. Hist. A writ allowing a lord to take possession of lands that had escheated to him. See escheat (1). writ of estrepement (e-streep-mant). See de estrepa-mento. writ of execution. See execution (4). writ of exigent. See exigent, n. writ of exigifacias. See exigi facias. writ of extent. See extent (2). writ of false judgment. See false iudgment. writ offieri facias. See fieri facias. writ of formedon. See formedon. writ of habeas corpus. See habeas corpus. writ of haberefaciaspossessionem. See habere facias possessionem, writ of habere facias seisinam. See habere facias SEISINAM. writ of injunction. See injunction. writ of inquiry. Hist. A writ ordering the sheriff to empanel a jury and act as judge in a trial held to determine the amount of damages suffered by a plaintiff who has won a default judgment on an unliquidated claim. [Cases: Damages<=>197.[ writ of latitat. See latitat. writ of levari facias. See levari facias. writ of mainprise. See mainprise (3). writ of mandamus. See mandamus. writ of mandate. See mandate (2). writ of mesne (meen). See de mf.dio. writ of mesne process. See mesne process under PROCESS. writ of monstravunt, See monstr avunt. writ of ne exeat. See ne exeat. writ of perambulation. Hist. A common-law writ issued by agreement of both parties when they are in doubt about the bounds of their respective properties, directing the sheriff to walk the jury around the property to set the boundaries with certainty. See perambulation. [Cases: Boundaries ■CT?26,[ writ of possession. (17c) A writ issued to recover the possession ofland. [Cases: Ejectment 0^120.] writ of praecipe. See praecipe (1). writ of prevention. (17c) A writ to prevent the filing of a lawsuit. See quia timet. writ of privilege. Hist, An action to enforce or maintain a privilege, usu. one granted by statute or by a court. • Traditionally, the writ was used to protect legislators from arrest in civil suits during a legislative session. Parties and witnesses who did not reside within a court’s jurisdiction were also privileged against service of process in civil suits while attending the court and while traveling to or from it. "The privilege of a suitor or witness to be exempt from service of process while without the jurisdiction of his residence for the purpose of attending court in an action to which he is a party, or in which he is to be sworn as a witness, is a very ancient one. It has always been held to extend to every proceeding of a judicial nature taken in or emanating from a duly-constituted tribunal which directly relates to the trial of the issues involved. It is not simply a personal privilege, but it is also the privilege of the court, and is deemed necessary for the maintenance ofits authority and dignity and in order to promote the due and efficient administration of justice. At common law a writ of privilege or protection would be granted to the party or witness by the court in which the action was pending, which would be respected by all other courts_[Tjhe writ may still be granted by courts possessing a common law jurisdiction; but while the granting of the writ is proper, it is not necessary for the enjoyment of the privilege, and the only office which It can is to afford convenient and authentic notice to those about to do what would be a violation of the privilege, and to set it forth and command due respect to it. The tendency has been not to restrict, but to enlarge, the right of privilege so as to afford full protection to parties and witnesses from all forms of civil process during their attendance at court, and for a reasonable time in going and returning.” Parker v. Marco 32 N.E. 989, 989 (N.Y. 1893) (citations omitted). writ of probable cause. See certificate of appealability. writ of proclamation. Hist. A writ, issued at the time an exigent was issued, ordering the sheriff of the county of a defendant’s residence to make three proclamations of outlawry in a public and notorious place a month before the outlawry is declared. See outlaw. writ of prohibition. See prohibition (2). writ of protection. (17c) 1. A writ to protect a witness in a judicial proceeding who is threatened with arrest. 2. A writ exempting anyone in the Crown’s service from arrest in a civil proceeding for a year and a day. writ of quare impedit. See quare impedit. writ of quominus. See quominus. writ of quorum nobis. See coram nobis. writ of quo warranto. See quo warranto (1). writ of rebellion. See commission of rebellion. writ of recaption. Hist, A writ allowing a plaintiff to recover goods and damages from a defendant who makes a second distress while a replevin action for a previous distress is pending. See recaption. writ of replevin. See replevin (2). writ of restitution. (17c) 1. The process of enforcing a civil judgment in a forcible-entry-and-detainer action or enforcing restitution on a verdict in a criminal prosecution for forcible entry and detainer. [Cases: Forcible Entry and Detainer 0^ 41; Landlord and Tenant 291(17).] “In some states, following the British statutes, the prosecutor may have a writ of restitution for the premises immediately on the rendition of a verdict of guilty on an indictment for forcible entry and detainer; and the operation of such writ of restitution is not suspended by an appeal by the defendant." 35 Am.Jur. 2d Forcible Entry and Detainer § 61, at 931 (1967). 2. A common-law writ issued when a judgment is reversed, whereby all that was lost as a result of the judgment is restored to the prevailing party. [Cases: Appeal and Error C31.179.] writ of review. (18c) A general form of process issuing from an appellate court to bring up for review the record of the proceedings in the court below; the common-law writ of certiorari. [Cases: Courts 0^207.1; Review 1, writ of right. See writ of course. writ of second deliverance. See second deliverance under DELIVERANCE. writ of sequestration. (18c) A writ ordering that a court be given custody of something or that something not be taken from the jurisdiction, such as the collateral for a promissory note. • Such a writ is usu. issued during litigation, often so that the object will be available for attachment or execution after judgment. [Cases: Sequestration 0^13.] writ of summons, English law, A writ by which, under the Judicature Acts of 1873-1875, all actions were commenced, See summons. writ of supersedeas. See supersedeas. wrrit of supervisory control. (1901) A writ issued to correct an erroneous ruling made by a lower court either when there is no appeal or when an appeal cannot provide adequate relief and the ruling will result in gross injustice. [Cases: Courts O 207.1.| writ of testatum fieri facias. See testatum (i) . writ of threats. See securitate pacis. writ of tolt (tohlt). See tolt. writ of trial. Hist. English law. By the Civil Procedure Act of 1835, a writ ordering an action brought in a superior court to be tried in an inferior court or before the undersheriff. • It was superseded by the County Courts Act of 1867, ch. 142, § 6 authorizing a defendant, in certain cases, to obtain an order that an action is to be triedin a county court. St. 3 &4 Will. 4, ch. 42. writ of venire facias. See venire facias. writ of waste. Hist. A writ to recover damages against a tenant who committed waste. See waste (i). [Cases: Waste C^U.] "After waste had been actually committed, the ancient corrective remedy, in a court of common law, was by a writ of waste for the recovery of the place wasted, and treble damages as a compensation for the injury done to the inheritance.” 78 Am. Jur. 2d Waste § 29, at 417 (1975), writ of withernam. See capias in withernam under WITHERNAM. writ pro retorno habendo (proh ri-tor-noh ha-ben-doh), n. [Law Latin “for return to be had’’] Hist. A writ ordering the return of goods to a defendant who, upon the plaintiff’s default, obtained a favorable judgment in a replevin action. See deliverance (4). writ system. (1890) The common-law procedural system under which a plaintiff commences an action by obtaining the appropriate type of original writ. written contract. See contract. written description. See description (5). written directive. See advance directive (2). written law. See law. written testimony. See testimony. written warranty. See warranty (2). wrong, n. (bef. 12c) Breach of one’s legal duty; viola- tion of another’s legal right. [Cases: Torts 107,] — wrong, vb. “A wrong may be described, in the largest sense, as anything done or omitted contrary to legal duty, considered in so far as it gives rise to liability." Frederick Pollock, A First Book of jurisprudence 68 (1896). “A wrong is simply a wrong act — an act contrary to the rule of right and justice. A synonym of it is injury, in its true and primary sense of injuria (that which is contrary to jus). .. .’’John Salmond, jurisprudence 227 (Clanvil le L. Williams ed,, 10th ed. 1947). civil wrong. (17c) A violation of noncriminal law, such as a tort, a breach of contract or trust, a breach of statutory duty, or a defect in performing a public duty; the breach of a legal duty treated as the subject matter of a civil proceeding. See tort (1). Cf. crime, continuing wrong. (1846) An ongoing wrong that is capable of being corrected by specific enforcement. • An example is the nonpayment of a debt. intentional wrong. (18c) A wrong in which the mens rea amounts to intention, purpose, or design. — Also termed willful wrong. legal wrong. (18c) An act that is a violation of the law; an act authoritatively prohibited by a rule of law. moral wrong. (18c) An act that is contrary to the rule of natural justice. — Also termed natural wrong. personal wrong. An invasion of a personal right. positive wrong. (18c) A wrongful act willfully com- mitted. private wrong. (16c) An offense committed against a private person and dealt with at the instance of the person injured. public wrong. (16c) An offense committed against the state or the community at large, and dealt with in a proceeding to which the state is itself a party. • Not al l public wrongs are crimes. For example, a person that breaches a contract with the government commits a public wrong, but the offense is a civil one, not a criminal one. real wrong. An injury to the freehold. transitory wrong. (2004) A wrong that, once commit- ted, belongs to the irrevocable past. • An example is defamation. willful wrong. See intentional wrong. wrong of negligence. (1902) A wrong in which the mens rea is a form of mere carelessness, as opposed to wrongful intent. wrong of strict liability. (1986) A wrong in which a mens rea is not required because neither wrongful intent nor culpable negligence is a necessary condition of responsibility. wrongdoer, «. (15c) One who violates the law <both criminals and tortfeasors are wrongdoers>. — wrongdoing, n. wrongful, adj. (14c) 1. Characterized by unfairness or injustice <wrongful military invasion s. 2. Contrary to law; unlawful <wrongful termination>. 3. (Of a person) not entitled to the position occupied <wrongful possessors — wrongfully, adv. wrongful act. See wrongful conduct under conduct. wrongful adoption. 1. An adoption in which the adoption agency fails to provide adoptive parents with full or accurate information regarding the child’s physical or psychological background. • The adoptive parents normally do not seek to nullify the adoption. Rather, they seek damages, usu. for medical care and for emotional distress. 2. An adoptive parent’s legal claim against an adoption agency for not fully or accurately disclosing the child’s physical or psychological background. Cf. abrogation of adoption. [Cases: Infants 0^17.] wrongful-birth action. (1972) A lawsuit brought by parents against a doctor for failing to advise them prospectively about the risks of their having a child with birth defects. [Cases: Health C-687.] wrongful-conception action. See wrongful-pregnancy ACTION. wrongful conduct. See conduct. wrongful-death action. (1926) A lawsuit brought on behalf of a decedent’s survivors for their damages resulting from a tortious injury that caused the decedent’s death. — Also termed death action-, death case. Cf. survival action. [Cases: Death C-7-33.] wrongful-death statute. (1904) A statute authorizing a decedent’s personal representative to bring a wrongful-death action for the benefit of certain beneficiaries. — Formerly also termed death-damage statute. [Cases: Death C_1 b] wrongful discharge. See discharge (7). wrongful-discharge action. (1957) A lawsuit brought by an ex-employee against the former employer, alleging that the termination of employment violated a contract or was illegal. — Also termed wrongful-termination action. [Cases: Labor and Employment C— 850.] wrongful dishonor, n. (1895) A refusal to accept or pay (a negotiable instrument) when it is properly presented and is payable. Cf. dishonor (1). wrongful-eviction action. A lawsuit brought by a former tenant or possessor of real property against one who has put the plaintiff out of possession, alleging that the eviction was illegal. [Cases: Landlord and Tenant C-180, 278, 278.17, 292, 318.] wrongful garnishment. See garnishment. wrongful levy. See levy. wrongful-life action. (1963) A lawsuit brought by or on behalf of a child with birth defects, alleging that but for the doctor-defendant’s negligent advice, the parents would not have conceived the child or, if they had, would have aborted the fetus to avoid the pain and suffering resulting from the child’s congenital defects. • Most jurisdictions reject these claims. [Cases: Health 0687.] wrongful-pregnancy action. (1979) A lawsuit brought by a parent for damages resulting from a pregnancy following a failed sterilization. — Also termed wrongful-conception action. [Cases: Health C-686.] wrongful process. See abuse of process. wrongful-termination action. See wrongful-discharge ACTION. wrong of negligence. See wrong. wrong of strict liability. See wrong. wrong verdict. See verdict contrary to law under VERDICT. WTO. See world trade organization. wyte (wit). Hist. 1. An immunity from an amercement. See amercement. 2. See wite. X. abbr. 1. ex dividend. 2. ex rights. 3. ex distribution. 4. EX WARRANTS. X, 1. A mark serving as the signature of a person who is physically handicapped or illiterate. • The signer’s name usu. appears near the mark, and if the mark is to be notarized as a signature, two signing witnesses are ordinarily required in addition to the notary public. [Cases: Signatures 0^5.] 2. A symbol equivalent to “by” when used in giving dimensions, as in 3 x 5 inches. 3. A mark placed on a document (such as an application) to indicate a selection, such as “yes” or “no”; esp., a mark on a ballot to indicate a vote. XD. abbr. ex dividend. XDIS. abbr. ex distribution. xenodochium (zen-a-da-ki-am or -dok-ee-am), n. [fr. Greek xenos “a guest” + dochein “to receive”] Roman law. 1. An inn. 2. A hospital. • This was a charitable institution to which donations and legacies might validly be given. — Also termed xenodochion; xeno-docheum; xenodochy. X-patent. Patents. An early U.S. patent, granted before the numbering system set up in the Patent Act of 1836 and so named because an X was added to the numbers of existing patents to avoid duplicate numbers. XQ. See cross-question under question (i). XR. abbr. ex-rights. XW. abbr ex-warrants. xylon (zi-lon), n. [fr. Greek xulon “wood”] Archaic. A Greek punishment apparatus similar to stocks. XYY-chromosome defense. Criminal law. A defense, usu. asserted as the basis for an insanity plea, whereby a male defendant argues that his criminal behavior is due to the genetic abnormality of having an extra Y chromosome, which causes him to have uncontrollable aggressive impulses. • Most courts have rejected this defense because its scientific foundations are uncertain. — Also termed XYYdefense. See insanity DEFENSE. “As one commentator has suggested ... ‘an attorney defending an XYY individual will be required to call upon both a geneticist and a psychiatrist to give expert testimony. The geneticist's role would be to testify with respect to the individual's genetic structure, any distinguishing characteristics which are relevant to an insanity defense, and the result of family studies designated to determine the Influence of genetics and environment on the development of this individual. The psychiatrist’s testimony would focus upon the defendant's mental capacity or condition.' But in the absence of sound medical support for an XYY defense, courts are understandably unsympathetic to defense efforts to obtain such expert testimony.” Wayne R. LaFave & Austin W. Scott Jr., Criminal Law§ 4.8, at 380 (2d ed. 1986) (quoting Note, 57 Geo. LJ. 892, 902-03 (1969)). XYY syndrome. The abnormal presence of an extra Y chromosome in a male, theoretically resulting in increased aggressiveness and antisocial behavior sometimes resulting in criminal conduct. See xy y-chromo-SOME DEFENSE. Y Y2K warranty, abbr. Year 2000 warranty; a warranty that software, hardware, or a product having computer hardware or software components will function properly on and after January 1, 2000. • These warranties were common in the late 1990s. yank-cheating, n. The illegal practice of inserting paper money into a vending machine, then pulling the money out again after the machine has recognized it, thereby retaining the cash and unlawfully obtaining merchandise. yardland, n. Hist. A variable quantity of land, often 20 acres, — Also termed virgata terrae (var-gay-ta ter-ee). yardstick theory. Antitrust. A method of determining damages for lost profits (and sometimes overcharges) whereby a corporate plaintiff identifies a company similar to the plaintiff but without the impact of the antitrust violation. Cf. before-and-after theory; MARKET-SHARE THEORY. “To the extent that either the markets or firms being compared are dissimilar, the yardstick theory will not produce a trustworthy estimate of what the plaintiff would have earned but for the defendant's conduct. The method therefore works best in markets that are both local and relatively homogeneous.’’ Herbert Hovenkamp, Economics and Federal Antitrust Law § ,6.7, at 454 (1985). yea, n. Parliamentary law. An affirmative vote. yea and nay (yay / nay). Yes and no. • In old records, this was a mere assertion and denial without the necessity of an oath. year. 1. Twelve calendar months beginning January 1 and ending December 31. — Also termed calendar year. 2. A consecutive 365-day period beginning at any point; a span of twelve months, [Cases: Time 0^4.] fiscal year. An accounting period of 12 consecutive months <the company’s fiscal year is October 1 to September 30>. • A fiscal year is often different from the calendar year, esp. for tax purposes. — Also termed/iscaZ period. half-year. In legal computation, a period of 182 days. natural year. Hist. The period of 365 days and about 6 hours, or the time it takes the earth to orbit the sun. tax year. The period used for computing federal or state income-tax liability, usu. either the calendar year or a fiscal year of 12 months ending on the last day of a month other than December, — Also termed taxable year. [Cases: Internal Revenue C-'3075-3093; Cases: Taxation O3509, 3538.] Year 2000 warranty. See Y2K warranty. year and a day. The common-law time limit fixed for various purposes, such as claiming rights, exemptions, or property (such as rights to wreckage or estrays), or for prosecuting certain acts — so called because a year was formerly counted to include the first and last day, meaning that a year from January 1 was December 31, so a year and a day would then mean a full year from January 1 through January 1. — Also termed year and day; (formerly in Scots law) zeir and day. See year-and-a-day rule; year, day, and waste. year-and-a-day rule. (1876) Criminal law. The common-law principle that an act causing death is not homicide if the death occurs more than a year and a day after the act was committed. • In Latin, the phraseyear and a day was commonly rendered annus et dies. [Cases: Homicide Or 510.] “It has long been the rule that no one can be convicted of the murder or manslaughter of another person who does not die within a year and a day of the blow received or other cause of death. 'Day' was here added merely to indicate that the 365th day after that of the injury must be included. Such an indication was rendered necessary by an old rule (now obsolete) that, in criminal law, in reckoning a period ‘from’ the doing of any act, the period was (in favour of prisoners) to be taken as beginning on the very day when this act was done.”J.W. Cecil Turner, Kenny's Outlines of Criminal Law IOS (16th ed. 1952). “The phrase ‘year and a day,’ in this test [for proving causation of a person’s death], means no more than a year. The accepted method of computing time today is by excluding the first day and including the last. Thus a year from January first is the first day of the following January. In ancient times, however, there was a tendency to include both the first day and the last day so that a year from January first was thought of as the thirty-first of the following December, and ‘the day was added that there might be a whole year.’ The use of this peculiar phrase to mean just a year in the homicide cases has found expression in some of the statutes. Other enactments have wisely dropped this ancient jingle.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 778 (3d ed. 1982). “Several centuries ago, when doctors knew very little about medicine, the judges created an absolute rule of law: one cannot be guilty of murder if the victim lives for a year and a day after the blow. The difficulty in proving that the blow caused the death after so long an interval was obviously the basis of the rule. Now that doctors know infinitely more, it seems strange that the year-and-a-day rule should survive to the present, but it has done so in most of the American states, either by judicial decision or by statute." Wayne R. LaFave & Austin W. Scott Jr., Criminal Law§ 3.12, at 299 (2d ed. 1986). “The year and a day rule is widely viewed as an outdated relic of the common law.” Rogers v. Tennessee, 532 U.S. 451, 462, 121 S.Ct. 1693, 1701 (2001) (O’Connor, J.). year and day. See year and a day. Year Books. Hist. Books of cases anonymously and fairly regularly reported covering primarily the period from the reign of Edward I to the time of Henry VIII. • The title “Year Books” derives from their being grouped under the regnal years of the sovereigns in whose reigns the reported cases were cited. The reports were probably originally prepared by law teachers and students and later by professional reporters or scribes, — Also written Year-Books; year-books; yearbooks. — Also termed terms. Cf. abbreviate placitorum. “[F]rom ,300 there is a continuous stream of reports of arguments in the common Pleas, The reports were written in Anglo-French, the language of courtly speech. Their authorship is unknown, and they are referred to by the generic name ‘year-books' .... If we have to account for their beginning, the most likely explanation is that they arose from a case-method of instruction in the law school which served the apprentices of the Bench before the emergence of the inns of court .... For the same reason, the contemporary value of the earliest reports lay not in their historical authenticity as precedents but in the ideas and suggestions which they contained , , , . Once the age of experiment was over, the reports settled into a more uniform and at times apparently single series .... The year-books did not end at any fixed date. What has usually been taken as their end is the result of two concurrent factors: the advent of printing, and the practice of identifying reports by the name of the author." J,H, Baker, An Introduction to English Legal History 205-07 (3d ed. 1990). year, day, and waste. Hist. A right of the Crown to the profits and waste for a year and a day of the land of persons convicted ofpetty treason or felony (unless the lord made redemption), after which the Crown had to restore the property to the lord of the fee. The right was abrogated by the Corruption of Blood Act of 1814. — Also termed (in Law French) am, jour, et wast; (in Law Latin) annus, dies, et vastum, year-end dividend. See dividend. year in mourning. See annus luctus. Year of Our Lord. See anno domini. year-to-year tenancy. See periodic tenancy under TENANCY. yeas and nays. The affirmative and negative votes on a bill or resolution before a deliberative assembly. See roll-call vote under vote (4). [Cases: Statutes 0^19.] yellow-dog contract. An employment contract forbidding membership in a labor union. • Such a contract is generally illegal under federal and state law. yeoman (yoh-man). 1, Hist. An attendant in a royal or noble household. 2. Hist. A commoner; a freeholder (under the rank of gentleman) who holds land yield ing 40 shillings per year. “A yeoman is he that hath free land of forty shillings by the year; who was thereby qualified to serve on juries, vote for knights of the shire, and do any other act, where the law requires one that is probus et legalis homo [an upright and law-abiding man]." 1 William Blackstone, Commentaries on the Laws of England 394 (1765). 3. English law. One who owns and cultivates property. 4, A petty officer performing clerical work in the U.S. Navy. — Also sometimes spelledyoman. yeoman of the guard. A member of a corps of officers whose primary duties are to ceremonially guard the English royal household. • A yeoman is usu. at least six feet tall, is of the best rank under the gentry, and is generally exempt from arrest on civil process. — Also termed yeoman of the guard of the royal household. yeomanry (yoh-man-ree). 1. The collective body of yeomen. 2. Volunteer cavalry units in Great Britain, later transferred to the Territorial Army. yeven (yev-an or yiv-sn). Hist. Given; dated. — Also spelledyeoven (yoh von). Yick Wo doctrine (yik woh), (1958) The principle that a law' or ordinance giving a person or entity absolute discretion to give or withhold permission to carry on a lawful business violates the 14th Amendment to the U.S. Constitution. Yick Wo v. Hopkins, 118 U.S. 356, 6 S.Ct. 1064 (1886). yield, n. (bef. 12c) Profit expressed as a percentage of the investment. — Also termed yield on investment; return. See RATE OF RETURN. coupon yield. The annual interest paid on a security (esp. a bond) divided by the security’s par value. — Also termed nominal yield. current yield. The annual interest paid on a security (esp. a bond) divided by the security’s current market price. discount yield. The yield on a security sold at a discount. earnings yield. The earnings per share of a security divided by its market price. • The higher the ratio, the better the investment yield. — Also termed earnings-price ratio. Cf. price-earnings ratio. net yield. The profit or loss on an investment after deducting all appropriate costs and loss reserves. nominal yield. See coupon yield. yield, vb. 1. To give up, relinquish, or surrender (a right, etc.) <yield the floor>. 2. Parliamentary law. (Of a motion) to give way to a higher-ranking motion. Cf. PRECEDENCE (3). “If two motions ‘A’ and ‘B’ are related under rules of parliamentary procedure in such a way that motion ‘B’ can be made while motion ‘A’ is pending and, when stated by the chair, can thus temporarily replace ‘A’ as the immediately pending question, motion ‘B’ takes precedence over ior takes precedence of) motion ‘A,’ and motion 'A' yields to motion ‘B? A secondary motion thus takes precedence over the main motion; and a main motion takes precedence over nothing and yields to all applicable secondary motions.” Henry M, Robert. Robert's Rules of Order Newly Revised § 5, at 57-58 (10th ed. 2000). 3. Hist. To perform a service owed by a tenant to a lord <yield and pay>. See yielding and paying. yield on investment. See yield. yield spread. The differences in yield between various securities issues. yield to maturity. The rate of return from an investment if the investment is held until it matures. — Abbr. YTM. Cf. time value. yokelet (yohk-lit), n. Hist. A small farm requiring only one yoke ol oxen to till it. yoman. See yeoman. York, custom of. Hist. A custom prevalent in York whereby a male intestate’s effects were divided according to the doctrine of pars rationabilis (“a reasonable part”) — that is, one-third each to the widow, children, and administrator, one-half to the administrator if the man was married but had no children or was single but had children, or all to the administrator if the man was single with no children, York, Statute of. Hist. An English statute passed in York in the twelfth year of Edward Il’s reign, and including provisions on the subject of attorneys, witnesses, and the taking of inquests by nisi prius. York-Antwerp rules. Maritime law. A set of rules relating to the settlement of maritime losses and disputes arising from bills of lading. • Although these rules have no statutory authority, they are incorporated into almost all bills of lading. The Rules are maintained and updated by the Comite Maritime International (CMI). [Cases: Shipping 0186,187,197.] Younger abstention. See abstention. younger-generation devise. See devise. young offender. See youthful offender under offender. your Honor. (16c) A title customarily used when directly addressing a judge or other high official. Cf. HIS HONOR. your witness. See take the witness. Youth Correction Authority Act. A model act, promulgated by the American Law Institute in 1940, that proposed the creation of central state commissions responsible for setting up appropriate agencies that would determine the proper treatment for each youthful offender committed to the agency by the courts. • The Act is noteworthy for its emphasis on rehabilitating juvenile offenders, as opposed to punishing them. youth court. See teen court under court. youthful offender. 1. See offender. 2. juvenile delinquent. youth shelter. See shelter. yo-yo stock. See volatile stock under stock. YTM. abbr. YIELD TO MATURITY. zap. See intersubjective zap. ZBA. abbr. zero-bracket amount. Z-bond. See accrual bond under bond (3). zealous witness. See witness. zeir and day (yeer). See year and day. • Zeir is an obsolete graphic variant of year. zero-bracket amount. A tax deduction formerly available to all individual taxpayers, regardless of whether they itemized their deductions. • In 1944 this was replaced by the standard deduction. — Abbr. ZBA. See standard deduction under deduction. zero-coupon bond. See bond (3). zero-coupon security. See security. zero-rate mortgage. See mortgage. zero-tolerance policy. (1990) An established plan or method of action stating that certain acts will not be permitted or condoned. • School districts often have a zero-tolerance policy regarding the use of drugs and alcohol on school premises or at school-sponsored functions. In 1995 Congress enacted a nationwide zero-tolerance statute to coinbat underage drinking. zetetic (zi-tct-ik), adj. Hisl. Proceeding by inquiry; investigative. — Also spelled zetetick. ZIFT. abbr zygote intrafallopian transfer. zipper clause. Contracts. A contractual provision that operates both as an integration clause and as a nooral-modification clause. See integration clause; no-orai.-modification clause. ' "[A] 'zipper clause’ ... so called because the combina- tion of the integration clause and the no-oral-modification clause is intended to foreclose claims of any representations outside the written contract. . . .” Pace v. Honolulu Disposal Serv., 227 F.3d 1150, 1159 (9th Cir. 2000). zone. 1, An area that is different or is distinguished from surrounding areas <zone of dangers. 2. An area in a city or town that, through zoning regulations, is under particular restrictions as to building size, land use, and the like <the capitol is at the center of the height-restriction zone>. [Cases: Zoning and Planning C^SL] floating zone. An amount of land assigned for a particular use but in no particular location. • An applicant who owns the specified amount of land can apply for a use permit in a specific location. See floating zoning under zoning. holding zone. Temporary, low-density zoning used until a community determines how the area should be rezoned, zone-of-dangerrule. (1966) Torts. The doctrine allowing the recovery of damages for negligent infliction of emotional distress if the plaintiff was both located in the dangerous area created by the defendant’s negligence and frightened by the risk of harm. [Cases: Damages 057.10, 57.16(2), 57.23(2), 57.27.] zone of employment. Workers’ compensation. The physical place of employment within which an employee, if injured there, can receive compensation. Cf. COURSE OF employment; scope of employment. [Cases: Workers’ Compensation 604-618, 704770.] zone of interests. (1969) The class or type of interests or concerns that a statute or constitutional guarantee is intended to regulate or protect. • To have standing to challenge a ruling (esp. of an administrative agency), the plaintiff must show that the specific injury suffered comes within the zone of interests protected by the statute on which the ruling was based. [Cases: Action C—T3; Administrative Law and Procedure C=>666; Federal Civil Procedure 103.2.] zone of privacy. (1964) Constitutional law. A range of fundamental privacy rights that are implied in the express guarantees of the Bill of Rights. See penumbra; right of privacy. [Cases: Constitutional Law O-1210-1275.] zone search. See search. zoning, n. (1912) The legislative division of a region, esp. a municipality, into separate districts with different regulations within the districts for land use, building size, and the like. [Cases: Zoning and Planning C^l, 4.] — zone, vb. aesthetic zoning. Zoning designed to preserve the aesthetic features or values of an area. [Cases: Zoning and Planning >36.] bonus zoning. See incentive zoning. cluster zoning. Zoning that favors planned-unit development by allowing a modification in lot size and frontage requirements under the condition that other land in the development be set aside for parks, schools, or other public needs. — Also termed density zoning. See planned-unit development. [Cases: Zoning and Planning 0^85,245.] conditional zoning. Zoning in which a governmental body (without definitively committing itself) grants a zoning change subject to conditions that are usu. not imposed on similarly zoned property. [Cases: Zoning and Planning 0=382,382.1.] “Conditions imposed are designed to protect adjacent land from the loss of use value which might occur if the newly authorized use was permitted without restraint of any kind. Thus, conditional zoning seeks to minimize the potentially deleterious effect of a zone change on neighboring properties through reasonably conceived conditions which harmonize the landowner’s need for rezoning with the public interest." 83 Am. Jur. 2d Zoning and Planning § 218, at 193 (1992). contextual zoning. An approach to zoning that considers appropriate use of a lot based on the scale and types of nearby buildings. • Contextual zoning has been used, for example, to prevent the destruction of older, smaller residences to make room for larger houses disparagingly called “monster homes” or “me mansions,” in established neighborhoods. contract zoning. 1. Zoning according to an agreement, by which the landowner agrees to certain restrictions or conditions in exchange for more favorable zoning treatment. • This type of contract zoning is usu. considered an illegal restraint of the government’s police power, because by private agreement, the government has committed itself to a particular type of zoning. 2. Rezoning of property to a less restrictive classification subject to the landowner's agreement to observe specified limitations on the use and physical development of the property that are not imposed on other property in the zone. • This device is esp. used when property is located in a more restrictive zone that borders on a less restrictive zone. [Cases: Zoning and Planning C33 160.] cumulative zoning. A method of zoning in which any use permitted in a higher-use, less intensive zone is permissible in a lower-use, more intensive zone. • For example, under this method, a house could be built in an industrial zone but a factory could not be built in a residential zone. density zoning. See cluster zoning. Euclidean zoning (yoo-klidee-an). Zoning by specific and uniform geographical division. • The purpose of Euclidean zoning is to ensure a municipality’s orderly development by detailing what uses are permitted and where, and seeing that conflicting land uses are clearly separated. Tts name comes from the Supreme Court case that approved it: Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 47 S.Ct. 114 (1926). — Also termed use zoning. Cf. non-Euclidean zoning. [Cases: Zoning and Planning 1, 31.] “Operating from the premise that everything has its place, zoning is the comprehensive division of a city into different use zones. Use zoning is also known as Euclidean zoning, taking the name from the leading case of Euclid v. Ambler Realty Co., which upheld its validity. ... In the typical zoning ordinance each zone has three varieties of uses: permitted, accessory and conditional. Ordinances may also specifically prohibit some uses." Julian Conrad Juergensmeyer & Thomas E, Roberts, Land Use Planning and Development Regulation Law § 4.2, at 69 (2003). exclusionary zoning. Zoning that excludes a specific class or type of business from a district. [Cases: Zoning and Planning Cc:>l.] floating zoning. Zoning that allots land for particular uses but does not specify the geographic locations for those uses. • This is a type of non-Euclidean zoning. It allows a zoning board to make individual rulings on every application for a particular use and take into account the community’s current feelings about where or if the use should be allowed. See non-Euclidean zoning. incentive zoning. A relaxation in zoning restrictions (such as density limits) that offers an incentive to a developer to provide certain public benefits (such as building low-income housing units). — Also termed bonus zoning. [Cases: Zoning and Planning 382.1.] interim zoning. Temporary emergency zoning pending revisions to existing ordinances or the development of a final zoning plan. — Also termed stopgap zoning, [Cases: Zoning and Planning <C=>22.] inverse zoning. Zoning that attempts to disperse particular types of property use rather than concentrate them. non-Euclidean zoning. Zoning that allows a mix of land uses in the same area if the uses are or can be made noncontlicting • For example, a business might be permitted to operate in a residential area if the business adopts a certain architecture to blend in with other structures and has sufficient landscaping and setback to guarantee that nearby residents will not suffer excessive noise, pollution, or other nuisances. Cf. Euclidean zoning. partial zoning. Zoning that affects only a portion of a municipality’s territory, and that is usu. invalid because it contradicts the comprehensive zoning plan. — Also termed piecemeal zoning. [Cases: Zoning and Planning 162.] private zoning. The use of restrictive covenants in private agreements to restrict the use and occupancy of real property. • Private zoning often covers such things as lot size, building lines, architectural specifications, and property uses. [Cases: Covenants Qcz 1, 49, 69.] reverse spot zoning. Zoning of a large area of land without regard for the zoning of a small piece ofland within that area, [Cases: Zoning and Planning 35, 162.] "When parcels around a given property are rezoned to allow for higher uses leaving an island of less intensive use, reverse spot zoning is the result.” Donald G. Hagman &Julian Conrad Juergensmeyer, Urban Planning and Land Development Control Law § 5.4, at 136 (2d ed. 1986). spot zoning. Zoning of a particular piece of land without regard for the zoning of the larger area surrounding the land. [Cases: Zoning and Planning 35,162.] “To the popular mind, spot zoning means the improper permission to use an ‘island’ of land for a more intensive use than permitted on adjacent properties. The popular definition needs several qualifications.... The set of facts usually involves an ‘island’ of more intensive use than surrounding property .... Usually the ‘island’ is small . . . . Furthermore, the term is not properly applied to development permission that comes about by variance or special exception. Rather, the term refers to a legislative act, such as a rezoning, or to a situation in which the ‘island’ is created by the original ordinance.” Donald G. Hagman & Julian Conrad Juergensmeyer, Urban Planning and Land Development Control Law § 5,4, at 136 (2d ed. 1986). stopgap zoning. See interim zoning, use zoning. See Euclidean zoning. zoning map. The map that is created by a zoning ordinance and shows the various zoning districts. [Cases: Zoning and Planning 0^30.] zoning ordinance. (1919) A cit y ordinance that regulates the use to which land within various parts of the city-may be put. • It allocates uses to the various districts of a municipality, as by allocating residences to certain parts and businesses to other parts. A comprehensive zoning ordinance usu. regulates the height of buildings and the proportion of the lot area that must be kept free from buildings. [Cases: Zoning and Planning 21J zoning variance. See variance (2). zygnomic (zig-noh-mik), adj. Of, relating to, or involving an act whose evolution directly abridges the freedom of a person who bears a duty in the enjoyment of a legal advantage. • This rather abstract term was coined by the philosopher Albert Kocourek in his book Jural Relations (1927). Cf. mesonomic. zygocephalum (zi-ga-sef-a-lam), n. [Greek fr. zygo- “yoke, pair” + kephalos “head”] Hist. A measure of land, esp. the amount that can be plowed in one day. zygostates (zi-goh-stay-teez), n. [Greek] Roman law. An officer who resolved controversies over weight; a public weigher. zygote. A two-celled organism formed by the joining of egg and sperm. Cf. embryo; fetus. zygote intrafallopian transfer. A procedure in which mature eggs are fertilized in a test tube or petri dish and then injected into a woman’s fallopian tubes. — Abbr. ZIFT. — Also termed zygote intrafallopian-tube transfer. Cf. artificial insemination; gamete intrafallopian transfer; in vitro fertilization. Appendix A Table of Legal Abbreviations L. Kurt Adamson" This table is a working table of abbreviations, Le. abbreviations cited in American cases, books, articles, and texts, and not restricted to standard abbreviations found in legal citation manuals. The scope of abbreviations includes the names of common federal and state primary sources, legal periodicals, treatises, and organizations, as well as selected words or phrases commonly found in American publications from the 19th century forward. There are also selected abbreviations for English, Canadian, Australian, and international sources. The table has unique features in its two-part format. The main table lists fuller publication titles than may be found in other abbreviation tables. The second part lists the full names of individual authors referred to in the main abbreviation table. These fuller titles and author names may help in finding publications through a library catalog. Not every variation for a publication’s abbreviation is listed. But the table can be used to interpret abbreviations not listed. First, the same publication or organization may be abbreviated with or without periods, such as "UPA" or "U.P.A." This table lists only one version. Second, standardized citations and abbreviations were not adopted until the 20th century. For example, Willard Phillips's Treatise on the Law of Evidence is cited in various sources as; Phillips, Law of Evidence Phillips on Evidence Phillips, Evidence Phillips, Ev. PhiL Ev. So the reader may use this table's information to interpret other variations of a publication's abbreviation. Many 19th-century treatises were published in numerous editions. Other parts of the citation are therefore essential to identify which edition of a work is being cited. Furthermore, the format "author on __" (such as Phillips on Evidence) was a common citation practice throughout the 19th and early 20th centuries, even though it was only a common shorthand for the work or perhaps the title that appeared on its spine, but not the formal title of the work as found on its title page. Thus, this table provides at least the beginning portion of titles to treatises. The table is arranged in alphabetical order as if each abbreviation is one word without punctuation or spacing. Organizations are commonly cited without periods in the abbreviation. If an author's name is abbreviated, the full last name precedes the listed title. An author's initials are also included if there is more than one author with the same last name in the table. Finally, the ampersand (&) is treated, for purposes of order, as the word "and" in the abbreviation. This table is not intended to be comprehensive. Other abbreviations may be found in the following sources, Mary M. Prince, Bieber's Dictionary of Legal Abbreviations: A Reference Guide for Attorneys, Legal Secretaries, Paralegals and Law Students, 5th ed. (2001), Donald Raistrick, Index to Legal Citations and Abbreviations, 2d ed. (1993), Charles C. Soule, The Lawyer's Reference Manual (1884), or John G. Marvin, Legal Bibliography, or A Ihesaurus ofAmerican, English, Irish and Scotch Law Books (1847). For non-English language abbreviations, see Bieber and Raistrick, above, but also Igor I. Kavass and Mary M. Prince, A World Dictionary of Legal Abbreviations (1991-) or Arturo 1. Torres and Francisco Avalos, Latin American Legal Abbreviations: A Comprehensive Spanish/Portuguese Dictionary with English Translations (1989). *Associate Director for Collection Development (Ret' d), Underwood Law Library, Southern Methodist University Dedman School of Law. A A. - Atlantic Reporter A.2d Atlantic Reporter, Second Series AALS - American Association of Law Schools A. & E. Ann. Cas. - American & English Annotated Cases A. & E. Enc. L. — American & English Encyclopedia of Law A. & E. Enc. 1. & Prac. - American & English Encyclopedia of Law and Practice A. &. E. Ency. - American & English Encyclopedia of Law A.B.A. - American Bar Association A.B. A. J. — American Bar Association Journal A.B.A. Rep. American Bar Association Reports Abb. N. Cas. - Abbott's New Cases (N.Y.) Abb. Pr. — Abbott's Practice Reports (NY.) Abb. Pro (n.s.) - Abbott's Practice Reports, New Series (NY.) A.B.F. Res. J. American Bar Foundation Research Journal A.B.F. Research Rep.. - American Bar Foundation Research Reporter ACCA Docket - ACCA Docket: the Journal of American Corporate Counsel Association Accountancy 1. Rep. (CCH) - Accountancy Law Reporter acq. — Acquiescence acq. in result - Acquiescence in result A.D. Appellate Division Reports (NY.) A.D.2d - Appellate Divisions Reports, Second Series (N.Y.) Adams, Eq. The Doctrine of Equity: A Commentary on the Law as Administered by the Court of Chancery Adams, Equity - The Doctrine of Equity: A Commentary on the Law as Administered by the Court of Chancery Adams L.J. Adams County Law Journal (Pa.) AD Cas. (BNA) Americans with Disabilities Cases Addison on Contracts - Addison on Contracts: Being a Treatise on the Law of Contracts Add. Torts - Addison, A Treatise on the Law of Torts Adel. 1. Rev. Adelaide Law Review Adelphia L.J. Adelphia Law Journal Ad. L.B. Administrative Law Bulletin Ad. L. Bull. Administrative Law Bulletin Ad. L. News - Administrative Law News Admin. & Reg. 1. News Administrative and Regulatory Law News Admin. 1. 3d Pike & Fischer Administrative Law, Third Series Admin. L.J. - Administrative Law Journal Admin. L.}. Am. U. - Administrative Law Journal of American University Admin. 1. Rev. Administrative Law Review Adm. 1. Rev. Administrative Law Review Advoc. Advocate (Idaho) Advoc. Q. Advocates' Quarterly Advocates' Q. - Advocates' Quarterly Adv. Sh. - Advance Sheet A.E.C. - Atomic Energy Commission Reports A.E.L.R. All England Law Reports Aff. Action Compl. Man. (BNA) — Affirmative Action Compliance Manual for Federal Contractors aff'd - affirmed aff'g affirming A.F. JAG 1. Rev. Air Force JAG Law Review A.F. 1. Rev. - Air Force Law Review Afr.-Am. L. & Pol'y Rep. - African-American Law and Policy Report Afr. L. Stud. - African Law Studies A.F.T.R. 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Resol. J.- Australian Dispute Resolution Journal Austl. J. Asian L. - Australian Journal of Asian Law Austl. J. Corp. L. — Australian Journal of Corporate Law Austl. J. For. Sci. — Australian Journal of Forensic Sciences Austl. J. Hum. Rts.- Australian Journal ofHuman Rights Austl. J. Int'} Aff.- Australian Journal of International Affairs Austl. J. Lab. L. Australian Journal ofLabour Law Austl. J.L. & Soc'y- Australian Journal of Law and Society Austl. J. Legal Hist.- Australian Journal ofLegal History Austl.L.J. Australian Law Journal Austl. Tax F.- Australian Tax Forum Austl. Tax Rev.- Australian Tax Review Austl. Y.B. In!'l L. Australian Yearbook of International Law Australasian Gay & Lesbian L.T. - Australasian Gay and Lesbian Law Journal Auto. Cas. (CCH) - Automobile Cases Auto. Cas. 2d (CCH) Automobile Cases, Second Series Auto. Ins. Cas. (CCH) - AutomobileInsurance Cases Auto. Ins. Rep. (CCH) - Automobile Insurance Reporter Av. Cases (CCH) - Aviation Cases Ave Maria L. Rev. - Ave Maria Law Review Av. Ins. Rep. - Aviation Insurance Reports Av. L. Rep. (CCH) Aviation Law Reporter / Aviation Law Reports B Babington on Auctions - A Treatise on the Law of Auctions Babington on Set-Off - A Treatise on the Law of SetOff and Mutual Credit Bail. — Bailey (S.C.) Bail. Eq. - Bailey's Equity Reports (S.c.) Baker, Quar. -The Laws Relating to Quarantine of Her Majesty's Dominions at Home and Abroad, and of the Principle Foreign States Ballantine on Limitations A Treatise on the Statute of Limitations Banking L.J. - Banking Law Journal Banking Pol'y Rep. Banking Policy Report Banking Rep. (BNA) Banking Report Bankr. Bankruptcy Reporter Bankr. Code - Bankruptcy Code Bankr. Ct. Dec. (CRR) - Bankruptcy Court Decisions Bankr. Dev. J. Bankruptcy Developments Journal Bankr. Form Bankruptcy Form Bankr. L. Rep. (CCH) Bankruptcy Law Reports Bankr. Rule - Bankruptcy Rule Barb. Barbour's Supreme Court Reports (N.Y.) Barb. Ch. - Barbour's Chancery Reports (N.Y.) 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Corp. - Commentaries on the Law of Public Corporations, with Municipal Corporations and Political or Government Corporations of Every Class Beale, Cas. Crim. Law - A Selection of Cases and Other Authorities on Criminal Law Beaver Beaver County Legal Journal (Pa.) Behav. Sci. & L. Behavioral Sciences and the Law Belli's Mod. Trials - Belli, Modern Trials Bench & Bar Bench and Bar of Minnesota Bench & B. Minn. Bench and Bar of Minnesota Benefits LJ. - Benefits Law Journal Ben. Rev. Bd. Servo (MB) Benefits Review Board Service Berkeley J. Emp. & Lab. L - Berkeley Journal of Employment and Labor Law Berkeley J. Health Care L. - Berkeley Journal of Health Care Law Berkeley J. Infl L Berkeley Journal ofInternational Law Berkeley La Raza LJ. - Berkeley La Raza Law Journal Berkeley Tech. L.J. - Berkeley Technology Law Journal Berkeley Women's L.J. Berkeley Women's Law Journal Berks Berks County Law Journal (Pa.) Best, Ev. -The Principles of the Law of Evidence with Elementary Rules for Conducting the Examination and Cross-examination of Witnesses Best Jur. Tr. An Exposition of the Practice Relative to the Right to Begin and Reply in Trials by Jury Best, Pres. - A Treatise on Presumptions of Law and Fact, with the Theory and Rules of Presumptive or Circumstantial Proof in Criminal Cases Bevans - Treaties and Other International Agreements of the United States of America, 17761949 Beven, Negligence Negligence in Law Beverly Hills B.A . J. - Beverly Hills Bar Association Journal BIA Bureau ofIndian Affairs Bibb - Bibb (Ky.) Bigelow, Estop. A Treatise on the Law of Estoppel and Its Application in Practice Big. Torts - Bigelow, The Law of Torts Bill Rts. J. Bill of Rights Journal (ABA) Binn. - Binney (Pa.) Bish. Cont. - Bishop, Commentaries on the Law of Contracts upon a New and Condensed Method Bish. Crim. Law - Bishop, Commentaries on the Criminal Law Bish. Crim. 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Com. - Blackstone, Commentaries on the Laws of England Black, Tax Titles - A Treatise on the Law of Tax Titles B. lanshard on Limitations - A Treatise on the Statute of Limitations BI. Comm. Blackstone, Commentaries on the Laws of England B. Leader Bar Leader (ABA) Bliss, Ins. - The Law of Life Insurance, with a Chapter on Accident Insurance BLM - Bureau ofLand Management BLS Bureau of Labor Statistics Blue Sky L. Rep. (CCH) - Blue Sky Law Reporter / Blue Sky Law Reports Blume Unrep. Op. Blume's Unreported Opinions (Mich.) Blume Sup. Ct. Trans. - Blume's Supreme Court Transactions B. Mon. - Ben Monroe (Ky.) BNA Bureau of National Affairs Bond L. Rev. - Bond Law Review Booth, Real Act. - The Nature and Practice of Real Actions in Their Writs and Process Boston R.I. Boston Bar Journal Boston L.R. - Boston Law Reporter Bouvier, Law Dictionary - A Law Dictionary, Adapted to the Constitution and Laws of the United States Bouv. Inst. - Bouvier, Institutes of American Law I Bowstead - Digest of the Law of Agency Bowstead on Agency - Digest of the Law of Agency Boyce Boyce (Del.) B.R. - West's Bankruptcy Repor ter Bradf. - Bradford (Iowa) Bract. Bracton Bracton's Note Book -Bracton's Note Book: A Collection of Cases Decided in the King's Court During the Reign of Henry the Third Brandeis J. Fam. 1. Brandeis Journal of Family Law Brandeis LJ. - Brandeis Law Journal Brayt. Brayton (Vt.) BRBS Benefits Review Board Service (MB) Breese - Breese (Ill.) Brev. Brevard (S.c.) Brice, Ultra Vires -Brice, A Treatise on the Doctrine of Ultra Vires Brick. Dig. -Brickell, Digest of the Decisions of the Supreme Court of the State of Alabama Bridgeport L. Rev. -Bridgeport Law Review Brief Times Rptr. — Brief Times Reporter (Colo.) Bright. Dig. Brightly, An Analytical Digest of the Laws of the United States Brit. J.1. & Soc'y British Journal of Law and Society Brit. Tax Rev. - British Tax Review Brit. Y.B. 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Rev. -Buffalo Criminal Law Review Buff. Envtl. 1.J. - Buffalo Environmental Law Journal Buff. Hum. Rts. 1. Rev. Buffalo Human Rights Law Review Buff. J. Int'l 1. -Buffalo Journal of International Law Buff. J. Pub. Int. L. Buffalo Journal of Public Interest Law Buff. L. Rev. - Buffalo Law Review Buff. Pub. Int. L.J. - Buffalo Public Interest Law Journal: In the PublicInterest Buff. Women's L.J. Buffalo Women's Law Journal B.U. In1'l. L.J. Boston UniversityInternational Law Journal B.U. J. Sci. & Tech. L. - Boston University Journal of Science &Technology Law B.U. J. Tax Law - Boston University Journal ofTax Law Bull. Am. Acad. Psych. & L. Bulletin of the American Academy of Psychiatry and Law Bull. Copy. Soe'y Bulletin of the Copyright Society of the U.S.A. Bull. Copyright Soe'y Bulletin of the Copyright Society of the U.S.A. Bull. Copyright Soe'y U.S.A. Bulletin of the Copyright Society of the U.S.A. Bull. L. Sci. & Teeh. - Bulletin of Law, Science and Technology (ABA) Bull. 1. Sec. St. B. Tex. Bulletin of the Business Law Section State Bar ofTexas B.U. L. Rev. - Boston University Law Review Bump, B'k'cy - Law and Practice of Bankruptcy Bump, Compo Composition in Bankruptcy Bump, Const. Dec. - Notes of Constitutional Decisions: Being a Digest of the Judicial Interpretations of the Constitution of the United States... Bump, Fed. Pro - Federal Procedure: TheTitle Judiciary in the Revised Statutes of the United States, and the Rules Promulgated by the Supreme Court... Bump, Fraud. Conv. - Fraudulent Conveyances: A Treatise upon Conveyances Made By Debtors to Defraud Creditors Bump, Int. Rev. - Internal Revenue Laws Bump, Pat. - The Law of Patents,Trade-Marks, and Copy-Rights: Consisting of Sections of the Revised Statutes of the United States with Notes under Each Section... B.U. Pub. Int. 1.J. - Boston UniversityPublicInterest Law Journal Bur. - Burnett (Wis.) Burns' Ann. St. - Burns' Annotated Statutes (Ind.) Burns' Rev. St. - Burns' Revised Statues (Ind.) Burrill, Assignm. ATreatise on the Law and Practice of Voluntary Assignments for the Benefit of Creditors Burrill, Cire. Ev. - ATreatise on the Nature, Principles and Rules of Circumstantial Evidence Burrill, Pro - ATreatise on the Practice of the Supreme Court of the State of New York in Personal Actions: with an Appendix Practical Forms Busb. Busbee's Law Reports (N.C.) Busb. Eq. - Busbee's Equity Reports (N.C.) Busb. Law Busbee's Law Reports (N.C.) Bus. Franchise Guide (CCH) Business Franchise Guide Bush Bush (Ky.) Bus. Law. - Business Lawyer Bus. 1.J. - Business Law Journal Bus. L. Rev. - Business Law Review Bus. L. Today -Business LawToday Buswell on Personal Injuries The Civil Liability for Personal Injuries Arising Out of Negligence Bus. Wk. - Business Week Bx. County Adv. - Bronx Bar Association Advocate Byles, Bills ATreatise on the Law of Bills of Exchange, Promissory Notes, Bank-Notes and Checks BYU Educ. & 1.J. -Brigham Young University Education and Law Journal BYU J. Pub. L. Brigham Young University Journal of Public Law BYU L. Rev. - Brigham Young University Law Review C C.A. - California Appellate Reports C.A.A.F. - United State Court of Appeals for the Armed Forces CAB - Civil Aeronautics Board Reports CaL Cas. Caines' Cases (N.Y.) CaL R. Caines' Reports (N.Y.) Cal. - California Reports (Supreme Court) Cal. 2d California Reports, Second Series Cal. 3d - California Reports, Third Series Cal. 4th California Reports, Fourth Series Cal. Adv. Legis. Servo - California Advance Legislative Service Cal. App. - California Appellate Reports Cal. App. Dec. California Appellate Decisions CaL App. Supp.- California Appellate Reports Supplement Cal. App. 2d- California Appellate Reports, Second Series Cal. App. 2d Supp. California Appellate Reports Supplement, Second Series Cal. App. 3d - California Appellate Reports, Third Series Cal. App. 3d Supp. - California Appellate Reports, Fourth Series Cal. App. 4th California Appellate Reports Supplement, fourth Series Cal. Bankr. J. - California Bankruptcy Journal Cal. Code California Code Cal. Code Regs. - California Code of Regulations Cal. Crim. 1. Rev.- California CriminalLaw Review Cal. Dec.- California Decisions Calif. 1. Rev.- CaliforniaLaw Review Cal. Iur. California Jurisprudence Cal. Iur. 2d - California Jurisprudence 2d Cal. Iur. 3d California Jurisprudence 3d Call-Call (Va.) Cal. Law. - CaliforniaLawyer Cal. Legis. Servo CaliforniaLegislative Service Cal. Leg. Rec.- CaliforniaLegal Record Cal. 1.J. CaliforniaLaw Journal (San Francisco) Cal. 1. Rev. CaliforniaLaw Review Cal. Real Prop. J.-California Real Property Journal Cal. Reg. 1. Rep.- California RegulatoryLaw Reporter Cal. Regulatory Notice Reg. California Regulatory Notice Register Cal. Rptr. - West's California Reporter Cal. Rptr. 2d West's California Reporter, Second Series Cal. Stat.- Statutes of California Cal. St. B.J.- California State Bar Journal Cal. Unrep. 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Connecticut General Statutes Annotated eh. - chapter Chamberlain's Stare Decisis -Chamberlain, The Doctrine of Stare Decisis: Its Reasons and Extent Chand. - Chandler (Wis.) Chandler's Criminal Trials Chandler, American Criminal Trials Chap. L. Rev. Chapman Law Review Chapman L Rev. - Chapman Law Review Ch. D. Law Reports Chancery Division (Eng.) Chem. Reg. Rep. (BNA) Chemical Regulation Reporter Chester Co. Rep. Chester County Reports (Pa.) Chev. - Cheves (S.c.) Chev. Eq. Cheves' Equity Reports (S.C) Chi. B. Rec. Chicago Bar Record Chicago Bar Ree. - Chicago Bar Record Chicago Bd. Options Ex. Guide (CCH) - Chicago Board of Options Exchange Guide Chicago 1.B. Chicago Law Bulletin Chicago 1.J. - Chicago Law Journal Chicago L. Rec. - Chicago Law Record Chicago 1.T. - Chicago Law Times Chicano-Latino 1. Rev. Chicano-Latino Law Review Chicano 1. Rev. Chicano Law Review Chi. J. Int'l 1. Chicago Journal ofInternational Law Chi.-Kent1. Rev. - Chicago-Kent Law Review Child. Legal Rts. J. - Children's Legal Rights Journal Chi. Leg. N. - Chicago Legal News China L. Rep. -China Law Reporter (ABA) Chi. Trib. - Chicago Tribune Chitty, BI. Comm. Commentaries on the Laws of England by Sir Wm. Blackstone (Chitty ed.) Chitty, Com. Law -Treatise on the Laws of Commerce and Manufacturing and the Contracts Relating Thereto Chitty, Contracts - A Practical Treatise on the Law of Contracts Chitty, Criminal Law - A Practical Treatise on Criminal Law Chitty, PI. — A Practical Treatise on Pleading, and on the Parties to Actions Chitty, Prerogative A Treatise on the Law of Prerogatives of the Crown and the Relative Duties and Rights of the Subject Christian, Bankruptcy - PracticalInstructions for Suing Out and Prosecuting a Commission of Bankruptcy, With the Best Modern Precedents, and a Digest of Supplemental Cases CIA - CentralIntelligence Agency CIC - ConsumerInformation Center Cin. L. Rev. - Cincinnati Law Review C.I.R. - Commissioner ofInternal Revenue Cir. 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Rev. - Columbia Survey of Human Rights Law Review Colum.-VLA J.L. & Arts - Columbia-VLA Journal of Law and the Arts Com. &L, — Communications and the Law Com. L.B. - Commercial Law Bulletin Com.1. J. - Commercial Law Journal COMM/ENT - COMM/ENT: A Journal of Entertainment and Communications Law Comm. Fut.1. Rep. (CCH) Commodity Futures Law Reporter Commodity Futures Law Reports Comm. Law. - 1. Commercial Lawyer. 2. Communications Lawyer. CommLaw Conspectus - CommLaw Conspectus; Journal of Communications Law and Policy Comm.1.J. Commercial Law Journal Common Mkt. 1. Rep. (CCH) Common Market Law Reports Common Mkt. 1. Rev. - Common Market Law Review Communications Reg. (P & F) - Communications Regulations Community Prop. J. Community Property Journal Compo Gen. Decisions of the Comptroller General (U.S.) Compo Gen. Laws Compiled General Laws Compo Lab.1. - Comparative Labor Law Compo Lab.1. & Pol'y J. Comparative Labor Law & Policy Journal Compo Lab. 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Ins. 1.J. - Connecticut Insurance Law Journal Conn. J. Int'l 1. - Connecticut Journal of International Law Conn. Legis. Servo - Connecticut Legislative Service Conn. 1.J. - Connecticut Law Journal Conn. 1. Rev. - Connecticut Law Review Conn. 1. Rptr. - Connecticut Law Reporter Conn. Prob. 1.J. - Connecticut Probate Law Journal Conn. Pub. Acts - Connecticut Public Acts Conn. Spec. Acts - Connecticut Special Acts Conn. Super. Ct. - Connecticut Superior Reports Conn. Supp. - Connecticut Supplement Conn. Surr. Connecticut Surrogate Consol. T.S. - Parry's Consolidated Treaty Series Con. St. Consolidated Statutes Const. - Constitution Const. Amend. - Amendment to Constitution Const. Comm. - Constitutional Commentary Const. Comment. - Constitutional Commentary Const. F. - Constitutional Forum Construction Law. - Construction Lawyer Const. U.S. Amend. - Amendment to the Constitution of the United States Consumer Credo Guide (CCH) Consumer Credit Guide Consumer Fin. 1.Q. Rep. - Consumer Finance Law Quarterly Report Consumer Prod. Safety Guide (CCH) - Consumer Product Safety Guide Cont. Contracts Cont. App. Dec. (CCH) - Contract Appeals Decisions Cont. Cas. Fed. (CCH) - Contracts Cases, Federal Cont. of Banking (P-H) - Control of Banking Conv. & Prop. Law. Conveyancer and Property Lawyer Conv. & Prop. Law. (n.s.) - Conveyancer and Property Lawyer (new series) Cooke Cooke (Tenn.) Cooke, Ins. The Law of Life Insurance, Including Accident Insurance and Insurance by Mutual Benefit Societies Cooley, Const. Law General Principles of Constitutional Law in the United States Cooley, Const. Lim. -Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union Cooley 1. Rev. Cooley Law Review Cooley, Prine. Const. Law - General Principles of Constitutional Law in the United States Cooley's Blackstone Commentaries on the Laws of England by Sir Wm. Blackstone (Cooley ed.) Cooley, Tax'n A Treatise on the Law of Taxation: Including the Law of Local Assessments Cooley, Torts Treatise on the Law of Torts, Or Wrongs Which Arise Independent of Contracts Copy. Bull. Copyright Bulletin Copy. Dec. Copyright Decisions Copyright 1. Dec. (CCH) -Copyright Law Decisions Copyright 1. Rep. (CCH) - 1. Copyright Law Reporter. 2. Copyright Law Reports. Copyright L. Symp. (ASCAP) - Copyright Law Symposium (American Society of Composers, Authors, & Publishers) Cornell Int't. 1. J. - Cornell International Law Journal Cornell J.1. & Pub. pory Cornell Journal of Law and Public Policy Cornell L.E Cornell Law Forum Cornell 1.J. CornellLaw Journal Cornell 1.Q. Cornell Law Quarterly Cornell 1. Rev. Cornell Law Review Corp. Couns. Corporate Counsel Corp. Couns. Q. Corporate Counsel Quarterly Corp. Couns. Wkly (BNA) - Corporate Counsel Weekly Corp. Guide (Aspen Law & Bus.) - Corporation Guide Corp. 1. Rev. - Corporation Law Review Corp. Tax'n - Corporate Taxation Cost Accounting Stand. Guide (CCH) - Cost Accounting Standards Guide Cow. — Cowen’s Reports (N.Y.) Cow. Cr. R. - Cowen's Criminal Reports (N.Y.) C.P. - Common Pleas C.P.A. - Certified Public Accountant CPSC - Consumer Product Safety Commission Cr. Act Criminal Act Cranch 1. Cranch, U.S. Supreme Court Reports. 2. Cranch (D.C.). Cranch, Pat. Dec. - Cranch's Patent Decisions Cr. Code - Criminal Code Creighton1. Rev. Creighton Law Review Crime & Delinq. Crime and Delinquency Crime & Jnst. -Crime andJustice Crim. Just. -CriminalJustice (ABA) Crim. Just. & Behav. - CriminalJustice and Behavior Crim. Just. Ethics - CriminalJustice Ethics Crim. Justice Q. CriminalJustice Quarterly Crim. Just. J. - CriminalJusticeJournal Crim. Law Bull. - Criminal Law Bulletin Crim.1. Bull. -Criminal Law Bulletin Crim.1.F. Criminal Law Forum Crim.1.J. - Criminal LawJournal Crim.1.Q. - Criminal Law Quarterly Crim.1. Rep. (BNA) Criminal Law Reporter Crim.1. Rev. - Criminal Law Review Crim.1. Rptr. (BNA) Criminal Law Reporter Crim. Rpts. - Criminal Reports Cr. Prac. Act Criminal Practice Act Cr. Proc. Act Criminal Procedure Act CR R - Corporate Reorganization Reporter, Inc. C.R.S. Colorado Revised Statutes Cr. St. Criminal Statutes CSC - Civil Service Commission CTBTO - Comprehensive Nuclear Test-Ban-Treaty Organization Ct. CI. - Court of Claims Reports Ct. Cust. Court of Customs Appeals Reports Ct. Int'l Trade - Court ofInternational Trade Reports Ct. Rev. Court Review (AmericanJudges Assoc.) C.u. - California Unreported Cases Cumb.1.J. Cumberland LawJournal Cumbo1. Rev. Cumberland Law Review Cumb.-Sam.1. Rev. Cumberland-Samford Law Review Current Ct. Dec. - Current Court Decisions Current Legal Probs. - Current Legal Problems Current Med. for Att'ys - Current Medicine for Attorneys Currents: Int'l Trade1.J. Currents: The International Trade LawJournal Curtis on History of the Constitution - Curtis, History of the Origin, Formation, and Adoption of the Constitution of the United States Cush. - Cushing (Mass.) Cust. B. & Dec. Customs Bulletin and Decisions Cust. Ct. - Customs Court Reports C.W.1.R. - California Western Law Review C.Z. Code -Canal Zone Code (Panama) D Daily Lab. Rep. (BNA) - Daily Labor Report Dak. - Dakota Reports (Territorial) Dakota - Dakota Reports Dak.1. Rev. -Dakota Law Review Dalh ousie J. Legal Stud. - DalhousieJournal of Legal Studies Dalhousie 1.J. - Dalhousie LawJournal DaIl. - 1. Dallas, U.S. Supreme Court Reports. 2. Dallas (Pa.). Dallam - 1. Digest of the Laws of Texas. 2. Dallam's Opinions (Tex.). Dana Dana (Ky.) D. & C. Pennsylvania District & County Reports D. & C. 2d - Pennsylvania District & County Reports, Second Series D. & C. 3d - Pennsylvania District & County Reports, Third Series D. & C. 4th Pennsylvania District & County Reports, Fourth Series Daniel, Neg. Inst. - A Treatise on the Law of Negotiable Instrument Dart, Vend. A Treatise on the Law and Practice Relating to Vendors and Purchasers of Real Estate Davis, Cr. Law - A Treatise on Criminal Law, with an Exposition on the Office and Authority ofJustices of the Peace in Virginia Day - Day (Conn.) D.C.B.J. - District of Columbia BarJournal D.C.C.E. -District of Columbia Code Encyclopedia D.C. Code Ann. - District of Columbia Code Annotated D. Chip. D. Chipman (Vt.) D.C.1. Rev. District of Columbia Law Review D.C. Mun. Regs . - District of Columbia Municipal Regulations D.C. Reg. - District of Columbia Register D.C. Stat. -District of Columbia Statutes DEA Drug Enforcement Administration Decalogue J. - DecalogueJournal Dec. Comm'r Pat. - Decisions of the Commissioner of Patents Dec. Dig. Decennial Digest Dec. U.S. Mar. Comm'n - Decisions of the United States Maritime Commission Def. Defense Def. Couns. J. Defense Counsel Journal Defense L.J. - DefenseLaw Journal Del. - Delaware Reports Del. Cas. Delaware Cases Del. Ch. Delaware Chancery Reports Del. Code Ann. - Delaware Code Annotated Del. County - Delaware County Reports Del. J. Corp. L. Delaware Journal of CorporateLaw Del. Law. - DelawareLawyer Del. Laws -Laws of Delaware DeL Term R. - DelawareTerm Reports Denio - Denio's Reports (N.Y.) Den. J. Int'l L. & Pol'y Denver Journal of International Law and Policy Den. L. J. - DenverLaw Journal Den. L.N. DenverLegal News Denver L. N. - DenverLegal News Denv. J. Int'l L. & pory -Denver Journal of InternationalLaw and Policy Denv. L. Ctr. J. - DenverLaw Center Journal Denv. L.J. DenverLaw Journal Denv. U. L. Rev. - Denver UniversityLaw Review DePaul Bus. L.J. -DePaul BusinessLaw Journal DePaul Dig. Int'l L. - DePaul Digest ofInternational Law DePaul J. Health Care L. — DePaul Journal of Health Care Law DePaul-LCA J. Art & Ent. L. DePaul-LCA Journal of Art and EntertainmentLaw DePaul L. Rev. - DePaulLaw Review Dep't St. Bull. - Department of State Bulletin Des. - Desausssure's Equity Reports (S.c.) Desty, Tax'n The AmericanLaw ofTaxation as Determined in the Courts ofLast Resort in the United States Det. C.L. Mich. St. U. L. Rev. Detroit College ofLaw at Michigan State UniversityLaw Review Det. C. L. Rev. - Detroit CollegeLaw Review Det. L.J. - DetroitLaw Journal Detroit B.Q. Detroit Bar Quarterly Detroit Law. - DetroitLawyer Detroit Leg. N. - DetroitLegal News Detroit L. Rev. - DetroitLaw Review Dev. - Devereux'sLaw Reports (N.C.) Dev. & Bat. - Devereux & Battle'sLaw Reports (N.C.) Dev. & Bat. Eq. Devereux & Battle's Equity Reports (N.C) Devlin , Deeds -Treatise on theLaw of Deeds: Their Form, Requisites, Execution, Acknowledgement, Registration, Construction, and Effect DHHS Department of Health and Human Services DIA - DefenseIntelligence Agency Dicey, Constitution - Introduction to the Study of the Law of the Constitution Dicey, Parties - A Treatise on the Rules for the Selection of the Parties to an Action Dick. J. Envtl. L. & Pol'y - Dickinson Journal of EnvironmentalLaw & Policy Dick. J. Int'l L - Dickinson Journal ofInternational Law Dick. L. Rev. - DickinsonLaw Review Dig. - Digest Dig. & Dec. Empl. Comp. App. Bd. — Digest & Decisions of the Employees' Compensation Appeals Board Dig. Int'l L - Digest ofInternational Law Dillon, Mun. Corp. -Treatise on theLaw of Municipal Corporations Disp. Res. J. - Dispute Resolution Journal Disp. Resol. J. Dispute Resolution Journal Dist. Law. - DistrictLawyer D.L.R. DominionLaw Reports (Can.) D.L.R. 2d - DominionLaw Reports, Second Series D.L.R. 3d - DominionLaw Reports, Third Series D.L.R. 4th - DominionLaw Reports, 4th Series DOD — Department of Defense DOE - Department of Energy DOJ Alert Department of}ustice Alert Dominion Tax. Cas. (CCH) - DominionTax Cases DOT - Department ofTransportatioll Doug. - Douglass (Mich.) Drake J. Agric.L. - Drake Journal of Agricultural Law Drake L. Rev. - DrakeLaw Review Drone on Copyright - Drone, ATreatise on theLaw of Property in Intellectual Productions in Great Britain and the United States: Embracing Copyright in Works ofLiterature and Art and Playright in Dramatic and Musical Compositions Dud. - Dudley (S.c.) Dud. Eq. - Dudley's Equity Reports (S.c.) Duer, Mar. Ins. - TheLaw and Practice of Marine Insurance Duer, Rep. - ALecture on theLaw of Representations in MarineInsurance Duke Envtl. L. & Pol’y F. — Duke Environmental Law & Policy Forum Duke Int'l & Compo L. Ann. - DukeInternational and ComparativeLaw Annual Duke J. Compo & Int'l1. - Duke Journal of Comparative & International Law Duke J. Gender 1. & Pol'y - Duke Journal of Gender Law & Policy Duke1.J. Duke Law Journal Du Ponceau, Const. - A Brief View of the Constitution of the United States Duq. Bus.1. J. Duquesne Business Law Journal Duq. 1. Rev. - Duquesne Law Review Duv. Duvall (Ky.) DWI Driving while intoxicated D.W.I. - Descriptive Word Index E E.A.S. - Executive Agreement Series ECA Economic Commission for Africa ECE Economic Commission for Europe ECLAC - Economic Commission for Latin America and the Caribbean Ecology L.Q. Ecology Law Quarterly Ed. Law Rep. - West's Education Law Reporter Edm. SeI. Cas. - Edmond's Selected Cases (N.Y.) Edw. Ch. - Edward's Chancery Reports (N.Y.) E.E.C. - European Economic Community EEOC - Equal Employment Opportunity Commission EEOC Compi. Man. (BNA) - EEOC Compliance Manual EEOC CompI. Man. (CCH) EEOC Compliance Manual E. Eur. Const. Rev. - East European Constitutional Review EIPR European Intellectual Property Review Elder1.J. - Elder Law Journal Elder's Advisor -Elder's Advisor: The Journal of Elder Law and Post-Retirement Planning ELI - Environmental Law Institute Ell. Deb. — Elliot’s Debates: The Debates in the Several State Conventions on the Adoption of the Federal Constitution: As Recommended by the General Convention at Philadelphia in 1787. Elm. Dig. Elmer, A Digest of the Laws of New Jersey Elmer, Lun. - J. Elmer, The Practice of Lunacy Under Commissions and Inquisitions Emerging Issues St. Const. L. -Emerging Issues in State Constitutional Law E. Min.1. Inst. Eastern Mineral Law Institute Emory Int'l L. Rev. - Emory International Law Review Emory J. Int'l Disp.Resol. -Emory Journal of International Dispute Resolution Emory1.J. Emory Law Journal Empl. & Training Rep. (BNA) — Employment and Training Reporter Empi. Compo App. Bd. - Decisions of the Employees' Compensation Appeals Board EmpI. Coord. (RIA) - Employment Coordinator Empi. Coordinator (RIA) Employment Coordinator Employee Benefits Cas. (BNA) Employee Benefits Cases Employee ReI. L.J. Employee Relations Law Journal Employee Rts. & Emp. Pol'y J. Employee Rights & Employment Policy Journal Empl. Prac. Dec. (CCH) - Employment Practices Decisions Empi. Prac. Guide (CCH) - Employment Practices Guide Empi. Safety & Health Guide (CCH) Employment Safety and Health Guide Emp. ReI. L.J. - Employee Relations Law Journal Energy & Min.1. Inst. - Energy & Mineral Law Institute Energy1.J. -Energy Law Journal Energy Mgmt. (CCH) - Energy Management Eng. Rep. — English Reports Full Reprint Ent. & Sp. 1.J. Entertainment & Sports Law Journal Ent. & Sports Law Entertainment & Sports Lawyer (ABA) Ent.1. J. - Entertainment Law Journal Environs EnvtI.1. & Pol'y J. - Environs Environmental Law & Policy Journal Env.1. Rep. (ELI) Environmental Law Reporter EnvtI. Aff. - Environmental Affairs Envtl. & Plan. L.J. Environmental and Planning Law Journal EnvtI. Claims J. - Environmental Claims Journal Envd. F. Environmental Forum EnvtL L. - Environmental Law Envtl.1. & Litig. -Environmental Law and Litigation Envtl. Law. - Environmental Lawyer EnvtI. L.Q. NewsL Environmental Law Quarterly Newsletter (ABA) EnvtI.1. Rep. (EnvtI.1. Inst.) Environmental Law Reporter (Environmental Law Institute) EnvtI. Prac. News - Environmental Practice News Env't Rep. (BNA) - Environment Reporter Env't Rep. Cas. (BNA) -Environment Reporter Cases EO Executive Order EPA Environmental Protection Agency Eq. Empi. Compi. Man. (CBC) Equal Employment Compliance Manual Eq. Jur. - 1. Equitable Jurisdiction. 2. Equity Jurisprudence. Eq. PI. - Equity Pleading ERDA - Energy Research and Development Administration Erie - Erie County Legal Journal, Pa. ERISA -Employee Retirement Income Security Act ERISA Litig. Rep. -ERISA Litigation Reporter ESCAP -Economic and Social Commission for Asia and the Pacific ESCOR - Economic and So cial Council Official Record (UN) ESCWA - Economic and Social Commission for Western Asia ESOP - Employee Stock Ownership Plan Est. Plan. - Estate Planning EU - European Union EURATOM - European Atomic Energy Commission Eur. Bus. L. Rev. - European Business Law Review Eur. Ct. H.R. - European Court on Human Rights Eur. H.R. Rep. - European Human Rights Reports Eur. L. Rev. - European Law Review Ex. D. - Law Reports, Exchequer Division (Eng.) Exec. Disclosure Guide (CCH) - Executive Disclosure Guide Exec. Ord. - Executive Order Exempt Org. Rep. (CCH) - Exempt Organizations Reports EXIMBANK -Export-Import Bank of the United States F F. - Federal Reporter F.2d. - Federal Reporter, Second Series F.3d. - Federal Reporter, Third Series FAA - Federal Aviation Administration Fair Empl. Prac. Cas. (BNA) - Fair Employment Practice Cases Fam. Advoc. - Family Advocate (ABA) Fam. Advocate - Family Advocate (ABA) Fam. & Conciliation Cts. Rev. - Family and Conciliation Courts Review Fam. Ct. Rev. - Family Court Review Fam. L. Newsl. - Family LawNewsletter (ABA) Fam. L.Q. - Family Law Quarterly (ABA) Fam. L. Rep. (BNA) - Family Law Reporter Fam. L. Tax. Guide (CCH) - Family Law Tax Guide FAO - Food and Agriculture Organization of the United Nations Farwell, Powers - A Concise Tre atise on Powers FASB - Financial Accounting Standards Board FBI - Federal Bureau of Investigation F.B.I.S. - Foreign Broadcast Information Service FCA - Farm Credit Administration F. Cas. - Federal Cases F.C.c. - 1. Federal Communications Commission. 2. Federal Communications Commission Reports. F.C.C.2d - Federal Communications Commission Reports, 2d Series F.C.C.R. - Federal Communications Commission Record F.C.c. Rec. - Federal Communications Commission Record FCIA - Foreign Credit Insurance Associatoin FCIC - Federal Crop Insurance Corporation FDA - Food and Drug Administration FDAA - Federal Disaster Assistance Administration FDIC - Federal Deposit Insurance Corporation FEA - Federal Energy Administration FEC - Federal Ele ction Commission Fed. Audit Guide (CCH) - Federal Audit Guide Fed. Banking L. Rep. (CCH) - 1. Federal Banking Law Reporter. 2. Federal Banking Law Reports. Fed. B.A. Sec. Tax'n Rep. - Federal Bar Association Section of Taxation Report Fed. B.J. - Federal Bar Journal Fed. B. News. - Federal Bar News Fed. B. News & J. - Federal Bar News and Journal Fed. Carr. Cas. (CCH) - Federal Carriers Cases Fed. Carr. Rep. (CCH) - Federal Carriers Reports Fed. Cas. - Federal Cases (U.S.) Fed. Cas. No. - Federal Cases Number Fed. Cir. B.J. - Federal Circuit Bar Journal Fed. Cl. - Federal Claims Reporter Fed. Com. L.J. - Federal Communications Law Journal Fed. Comm. L.J. - Federal Communications Law Journal Fed. Cont. Rep. (BNA) - Federal Contracts Report Fed. Cts. L. Rev. - Federal Courts Law Review (Internet) Fed. Election Camp. Fin. Guide (CCH) - Federal Election Campaign Financing Guide Fed. Energy Reg. Comm'n Rep. (CCH) - Federal Energy Regulatory Commission Reports Fed. Est. & Gift Tax Rep. (CCH) - 1. Federal Estate and Gift Tax Reporter. 2. Federal Estate and Gift Tax Reports. Fed. Ex. Tax Rep. (CCH) - Federal Excise Tax Reporter Fed. Home Loan Bank Bd. J. - Federal Home Loan BankBoard Journal Fed. Inc. Gift & Est. Tax'n (MB) - Federal Income, Gift and Estate Taxation Fed. Law. - Federal Lawyer Fed. L. Rev. - Federal Law Review Fed'n Ins. & Corp. Couns. Q. - Federation of Insurance and Corporate Counsel Quarterly Fed'n Ins. Counsel Q. Federation of Insurance Counsel Quarterly Fed'n Ins. Couns. Q. - Federation ofInsurance Counsel Quarterly Fed. Probation Federal Probation Fed. R. App. P. Federal Rules of Appellate Procedure Fed. R. Civ. P. -Federal Rules of Civil Procedure Fed. R. Crim. P. - Federal Rules of Criminal Procedure Fed. Reg. — Federal Register Fed. Rep. Federal Reporter Fed. Res. Bull. Federal Reserve Bulletin Fed. R. Evid. - Federal Rules of Evidence Fed. R. Servo (CBC) Federal Rules Service Fed. R. Servo 2d (CBC) Federal Rules Service, 2d Series Fed. R. Servo 3d (CBC) - Federal Rules Service, 3d Series Fed. Sec. L. Rep. (CCH) - Federal Securities Law Reporter Fed. Sec. L. Serv. (CCH) — Federal Securities Law Service Fed. Servo Imp. Pan. Rels. Federal ServiceImpasses Panel Releases Fed. Tax Coord. 2d (RIA) -Federal Tax Coordinator, Second Edition Fed. Taxes (P-H) — Federal Taxes Fed. Tax Guide Rep. (CCH) Federal Tax Guide Reports Fell, Guar. A Treatise on the Law of Mercantile Guaranties, and of Principal and Surety in General FEP (BNA) - Fair Employment Practice Cases FEP Cas. (BNA) - Fair Employment Practice Cases F.E.R.C. -Federal Energy Guidelines: FERC Reports FET - Federal Estate Tax Fett. Carr. - Fetter, A Treatise on the Law of Carriers of Passengers FHA - Federal Housing Administration FHLB - Federal Home Loan Bank FHLBB Federal Home Loan Bank Board FHLMC - Federal Home Loan Mortgage Corporation (Freddie Mac) FHWA - Federal Highway Administration FIA - FederalInsurance Administration FICA — Federal Insurance Contribution Act Fiduciary - FiduciaryReporter (Pa.) Field, Corp. A Treatise on the Law of Private Corporations Fire & Casualty Cas. (CCH) - Fire and Casualty Cases Fisher, Mort. - The Law of Mortgage and Other Securities upon Property Fla. - Florida Reports Fla. Admin. Code Ann. — Florida Administrative Code Annotated Fla. Admin. Weekly - Florida Administrative Weekly Fla. B.J. -Florida Bar Journal Fla. Coastal 1.J. -Florida Coastal Law Journal Fla. Ent. Art & Sport L.J. Florida Entertainment, Art & Sport Law Journal Fla. Int'l L.J. - Florida International Law Journal Fla. J. Int'l L. - Florida Journal of International Law Fla. Jur. - Florida Jurisprudence Fla. Jur. 2d - Florida Jurisprudence 2d Fla. Laws Laws of Florida Fla. L.J. Florida Law Journal Fla. L. Rev. Florida Law Review Fla. L. Weekly Florida Law Weekly Fla. L. Weekly Supp. - Florida Law Weekly Supplement Fland. Const. - Flanders, An Exposition on the Constitution of the United States Flanders, Fire Ins. - A Treatise on the Law of Fire Insurance Fla. Sess. Law Servo - Florida Session Law Service Fla. Stat. - Florida Statutes Fla. Stat. Ann. - Florida Statutes Annotated Fla. St. D.J. Land Use & Envtl. L. - Florida State University Journal of Land Use and Environmental Law Fla. St. U. J. Transnat'l 1. & Pol 'y - Florida State University Journal of Transnational Law and Policy Fla. St. U. L. Rev. — Florida State University Law Review Fla. Supp. Florida Supplement Fla. Supp. 2d. - Florida Supplement, Second Series Fla. Tax Rev. Florida Tax Review Fletcher F. - Fletcher Forum Fletcher F. World Aff. - Fletcher Forum of World Affairs Flood, Lib. A Treatise on the Law Concerning Libel and Slander Flood, Wills An Elementa ry Treatise on the Law Relating to Wills of Personal Property F.L.R.A. - Decisions of the Federal Labor Relations Authority F.M.C. - Federal Maritime Commission Reports FMCS Federal Mediation and Conciliation Service FmHA Farmers Home Administration F.M.S.H.R.C. Federal Mine Safetv' & Health Review Commission Reports FNMA - Federal National Mortgage Association (Fannie Mae) FOIA - Freedom ofInformation Act Appendix A 1778 Food & Drug L.J. - Food & Drug Law Journal Food Drug Cosmo L.J. Food Drug Cosmetic Law Journal Food Drug Cosmo L. Rep. (CCH) - 1. Food Drug Cosmetic Law Reporter. 2. Food Drug Cosmetic Law Reports. Foote, Priv. Int. Jur. Foreign and Domestic Law: A Concise Treatise on Private International Jurisprudence For. Def. - For the Defense Fordham Ent. Media & Intell. Prop. L. F. - Fordham Entertainment, Media and Intellectual Property Law Forum Fordham Envtl. L.J. — Fordham Environmental Law Journal Fordham Envtl. L. Rep. Florida Environmental Law Report Fordham Fin. Sec. & Tax L.F. - Fordham Finance, Securities & Tax Law Forum Fordham Intell. Prop. Media & Ent. L.J. - Fordham Intellectual Property, Media & Entertainment Law Journal Fordham Int'l L.F. Fordham International Law Forum Fordham Int'l L.J. Fordham International Law Journal Fordham J. Corp. & Fin. L. Fordham Journal of Corporate and Financial Law Fordham L. Rev. - Fordham Law Review Fordham Urb. L.T. - Fordham Urban Law Journal For the Def. - For the Defense Forum - The Forum Foster, Fed. Prac. A Treatise on Federal Practice, Civil and Criminal... F.P.C. - Federal Power Commission Reports F.R. - Federal Register Franchise L.J. - Franchise Law Journal (ABA) FRB - Federal Reserve Board F.R.D. - Federal Rules Decisions "Freddie Mae" - Federal National Mortgage Association "Freddie Mac" - Federal Home Loan Mortgage Corporation Freeman, Judgments A Treatise on the Law of Judgments: including All Final Determinations of the Rights of Parties in Actions or Proceedings in Law or in Equity FRS - Federal Reserve System Fry, Sp. Perf. - A Treatise on the Specific Performance of Contracts F.S.A. - Florida Statues Annotated FSLIC - Federal Savings and Loan Insurance Corporation FSIS - Food Safety and Inspection Service F. Supp. Federal Supplement F. Supp.2d. - Federal Supplement, Second Series F.T.C. Federal Trade Commission Reports FUTA Federal Unemployment Tax Act FWS Fish and Wildlife Service G Ga. Georgia Reports GAAP Generally accepted accounting principles Ga. App. Georgia Appeals Reports Ga. B.J. Georgia Bar Journal Ga. Bus. Law. Georgia Business Lawyer Ga. Code Ann. - Code of Georgia Annotated Ga. Compo R. & Regs. - Official Compilation of Rules & Regulations of the State of Georgia Ga. Dec. - Georgia Decisions Ga. J. Int'l & Compo L. - Georgian Journal of International and Comparative Law Ga. J. S. Legal Hist. - Georgia Journal of Southern History Ga. Laws Georgia Laws Gale, Eas. A Treatise on the Law of Easements Ga. L.J. - Georgia Law Journal Gall. - Gallison (U.S. Circuit Court) Ga. L. Rep. - Georgia Law Reporter Ga. L. Rev. - Georgia Law Review G.& J. - Gill and Johnson (Md.) GAO General Accounting Office GAOR - General Assembly Official Record (U.N.) Ga. St. B.J. - Georgia State Bar Journal Ga. St. U. L. Rev. - Georgia State University Law Review Ga. Supp. Georgia Supplement GATT General Agreement on Tariffs and Trade Gavel Gavel-Milwaukee Bar Assoc. Gaz. Weekly Law Gazette (U.S.) Gaz. Bankr. - Gazette of Bankruptcy Gaz. L.R. - Gazette Law Reports G.C.M. General Counsel Memorandum (IRS) Gen. Couns. Mem. - General Counsel Memorandum (IRS) Gen. Dig. U.S. - General Digest of the United States Gen. Laws General Laws Gen. St. General Statutes Geo. Immigr. L.J. - Georgetown Immigration Law Journal Geo. Int'l Envtl. L. Rev. - Georgetown International Environmental Law Review Geo. J. Gender & L. - Georgetown Journal of Gender and the Law Geo. J. Int'l Aff.- Georgetown Journal of International Affairs Geo. J. Legal Ethics — Georgetown Journal of Legal Ethics Geo. J.on Fighting Pov. Georgetown Journal on Fighting Poverty Geo. J. on Fighting Poverty Georgetown Journal on Fighting Poverty Geo. J. on Poverty L. & Pol'y - Georgetown Journal on Poverty Law and Policy Geo. L. J. - Georgetown Law Journal Geo. J. L. & Pub. Pol'y Georgetown Journal ofLaw & Public Policy Geo. Mason Indep. L. Rev. - George Mason Independent Law Review Geo. Mason L. Rev. — George Mason Law Review Geo. Mason U. Civ. Rts. L.J.- George Mason University Civil Rights Law Journal Geo. Mason U. L. Rev. George Mason University Law Review Geo. Pub. Pol'y Rev.- Georgetown Public Policy Review Geo. U.L. Ctr. Immig. Rep. - Georgetown University Law Center Immigration Reporter Geo. Wash. J. Inft L. & Econ.- George Washington Journal ofInternational Law and Economics Geo. Wash. Int'l L. Rev.- George Washington International Law Review Geo. Wash. L. Rev. - George Washington Law Review Gild. - Gildersleeve Reports (N.M.) Gill- Gill (Md.) Gilm.- Gilman (Ill.) Gilmer- Gilmer (Va.) I'Ginnie Mae" - Government National Mortgage Association Glasser CLE. - Glasser LegalWorks Seminars Glendale L. Rev.- Glendale Law Review GMU L. Rev.- George Mason University Law Review GNMA — Government National Mortgage Association (Ginnie Mae) GNP - Gross National Product Godd. Easem. - Goddard, A Treatise on the Law of Easements Golden Gate L. Rev. - Golden Gate Law Review Golden Gate U. L. Rev.- Golden Gate University Law Review Gonz. L. Rev. Gonzaga Law Review Gould on Waters J.M. Gould, A Treatise on the Law of Waters, including Riparian Rights, and Public and Private Rights Gould, PI. Jam. Gould, A Treatise on the Principles ofPleading in Civil Actions Gould's Dig. Jos. Gould, A Digest ofthe Statutes of Arkansas Gov't Cont. Rep. (CCH) - 1. Government Contracts Reports. 2. Government Contracts Reporter. Gov't Empl. ReI. Rep (WG&L) - Government Employee Relations Report Gov't Pub. Rev.- Government Publications Review GPO- Government Printing Office GP Solo & Small Firm Law. - GP, Solo and Small Firm Lawyer (ABA) Grant Grant (Pa.) Grant, Bank. A Treatise on the Law Relating to Bankers and Banking Grant on Corp. A Practical Treatise on the Law of Corporations In General Gratt. - Grattan (Va.) Graven Images- Graven Images: A Journal of Culture, Law and the Sacred Gray - Gray (Mass.) Gray on Perpetuities - The Rule Against Perpetuities Gray, Perp. - The Rule Against Perpetuities Great Plains Nat. Resources J. - Great Plains Natural Resources Journal Green Bag 2d.- Green Bag, Second Series Greene Greene (Iowa) Greenl. Ev.- A Treatise on the Law ofEvidence Greenleaf on Evidence A Treatise on the Law of Evidence Gresley, Eq. Ev. - A Treatise on the Law ofEvidence in Courts ofEquity Gross, Guild Merchant- The Gild Merchant: A Contribution to British Municipal History GSA - General Services Administration Guam - Guam Reports Guam Admin. R. & Regs. Administrative Rules & Regulations ofthe Government ofGuam Guam Civ. Code - Guam Civil Code Guam Civ. P. Code Guam Code ofCivil Procedure Guam Code Ann. Guam Code Annotated Guam Gov't Code Guam Government Code Guam Sess. Laws - Guam Session Laws Guild Prac. Guild Practitioner Gunby- Gunby's Reports (La.) Guy, Med. Jur.- Principles ofMedical Jurisprudence: with So Much Anatomy, Physiology, Pathology, and the Practice ofMedicine and Surgery as are Essential to be Known by Lawyers, Coroners, Magistrates, Officers ofthe Army and Navy, etc., etc. H Hale, Precedents and Proceedings - A Series of Precedents and Proceedings in Criminal Causes Extending from the Year 1475 to 1640... Hall, Adm. Practice - J. Hall, The Practice and Jurisdiction ofthe Court ofAdmiralty Hall, Int. Law - A Treatise on International Law Halleck, Int. Law -International Law, or Rules Regulating the Intercourse ofStates in Peace and War Halsbury - 1. Halsbury's Laws of England. 2. Halsbury's Statutes of England. Halsbury's S.I.s. - Halsbury's Statutory Instruments Ham. Cont. Hammon, The General Principles of the Law ofContract Ham. Fed. Hamilton, The Federalist [Papers) Hamline J. Pub. 1. - Hamline Journal of Public Law Hamline J. Pub. 1. & Pol'y - Hamline Journal of Public Law and Policy Hamline L. Rev. - Hamline Law Review H. & G. Harris and Gill (Md.) H. & J. Harris and Johnson (Md.) H. & McH. - Harris and McHenry (Md.) Hanh. Mar. Worn. -Hanhart, A Treatise on the Law Relating to the Property ofMarried Women Hard. Hardin (Ky.) Hare, Am. Const. Law - American Constitutional Law Hare, Disc. - A Treatise on Discovery of Evidence, By Bill and Answer in Equity Hare, Ev. - A Treatise on Discovery of Evidence, By Bill and Answer in Equity Hare on Discovery - A Treatise on Discovery of Evidence, By Bill and Answer in Equity Harm. Pen. Man. - Harmon, A Manual of the Pension Laws ofthe United States ofAmerica Harp. - Harper (S.C) Harp. Eq. - Harper's Equity Reports (S.C) Harr. Harrington (DeL) Harr. Cr. L. - Harris, Principles of the Criminal Law Hart. Dig. Hartley, A Digest of the Laws ofTexas Harvard L.R. Harvard Law Review Harv. BlackLetter J. - Harvard BlackLetter Journal Harv. BlackLetter L.J. - Harvard BlackLetter Law Journal Harv. Bus. Rev. Harvard Business Review Harv. CR.-CL. L. Rev. - Harvard Civil Rights-Civil Liberties Law Review Harv. Env tl. L. Rev. - Harvard Environmental Law Review Harv. Hum. Rts. J. -Harvard Human Rights Journal Harv. Hum. Rts. Y.B. - Harvard Human Rights Yearbook Harv. In1'l. L.J. - Harvard International Law Journal Harv. J.L. & Pub. pory - Harvard Journal ofLaw and Public Policy Harv. J.L. & Tech. - Harvard Journal ofLaw & Technology Harv. J. on Legis. - Harvard Journal on Legislation Harv. Latino L. Rev. Harvard Latino Law Review Harv. L. Rev. - Harvard Law Review Harv.L.S. Bull. - Harvard Law School Bulletin Harv. Negot. L. Rev. - Harvard Negotiation Law Review Harv. Women's L.J. - HarvardWomen's Law Journal Harv. W. Tax Ser. - Harvard World Tax Series Hastings Comm. & Ent. L.J. Hastings Communications and Entertainment Law Journal Hastings COMM/ENT L.J. Hastings Communications and Entertainment Law Journal Hastings Const. L.Q. Hastings Constitutional Law Quarterly Hastings Int'l & Compo L. Rev. Hastings International and Comparative Law Review Hastings J. - Hastings Journal Hastings L.J. - Hastings Law Journal Hasting W.-Nw. J. Envd. L. & Pol'y Hastings West- Northwest Journal of Environmental Law and Policy Hastings W.-N.W. J. Envd. L. & pory - Hastings West-Northwest Journal of Environmental Law and Policy Hastings Women's LJ. - Hastings Women's Law Journal Haw. - Hawaii Reports Haw. App. - Hawaii Appellate Reports Haw. B.J. - Hawaii Bar Journal Hawkins on Construction of Wills Hawkins, A Concise Treatise on the Construction ofWills Hawks - Hawks (N.C) Haw. Rev. Stat. - Hawaii Revised Statutes Haw. Rev. Stat. Ann. - Hawaii Revised Statutes Annotated Haw. Sess. Laws - Hawaii Session Laws Hay & Haz. - Hayward & Hazleton (D.C) Hayw. 1. Haywood (N.C.). 2. Haywood (Tenn.). H. Bl. - Henry Blackstone's English Common Pleas Reports HCFA Heath Care Financing Administration H.C.LM. - Health Care Labor Manual Head - Head (Tenn.) Health Law. Health Lawyer Health Matrix - Health Matrix: The Journal ofLaw- Medicine Heckerling Inst. on Est. Plan. -Phillip E. Heckerling Institute on Estate Planning (U. Miami) Heisk. Heiskell (Tenn.) Hen. Am. PI. - Hening, The American Pleader and Lawyer's Guide Hen. & M. -Hening & Munford (Va.) Hennepin Law. - Hennepin Lawyer HEW Department of Health, Education and Welfare HHS Department of Health andHuman Services High, Inj. A Treatise on the Law ofInjunctions High, Rec. A Treatise on the Law of Receivers High Tech. 1.J. - High Technology Law Journal Hill (Hill (S.c.) Hill & Den. - Hill and Denio's Supplement (N.Y.) Hill. Cont. Hilliard, The Law of Contracts Hill Eq. Hill's Chancery Reports (S.c.) Hill. Inj. - Hilliard, The Law ofInjunctions Hill. Mortg. Hilliard, The Law of Mortgages of Real and Personal Property Hill. Real Prop. - Hilliard, The American Law of Real Property Hill. Rem. Hilliard, 'The Law of Remedies for Torts, including Replevin, Real Action, Pleading, Evidence, Damages Hill. Sales -Hilliard, The Law of Sales of Personal Property Hill. Tax. Hilliard, The Law of Taxation Hill. Torts -Hilliard, The Law of Torts or Private Wrongs Hispanic 1.J. Hispanic Law Journal H.1.N.R. - Health Lawyers News Report Hoff. Ch. - Hoffman's Chancery Reports (N.Y.) Hofstra Lab. & Emp. 1.J. Hofstra Labor & Employment Law Journal Hofstra Lab. 1.F. - Hofstra Labor Law Forum Hofstra Lab. 1.J. -Hofstra Labor Law Journal Hofstra 1. & pory Symp. - Hofstra Law & Policy Symposium Hofstra L. Rev. -Hofstra Law Review Hofstra Prop. 1.J. - Hofstra Property Law Journal Holland, Jurisprudence - The Elements of Jurisprudence Holmes, Com. Law Holmes, The Common Law Holt, Shipp. - A System of the Shipping and Navigation Laws of Great Britain and... Hong Kong 1.J. - Hong Kong Law Journal Hopk. Ch. Hopkin's Chancery Reports (N.Y.) Hopk. Mar. Ins. - Hopkins, A Manual of Marine Insurance Hough, Am. Const. - American Constitutions, Comprising the Constitution of Each State in the Union, and the United States ... Hous. & Dev. Rep. (BNA) Housing and Development Reporter Hous. Bus. & Tax 1. J. -Houston Business and Tax Law Journal Hous. J. Health 1. & Pol'y -Houston Journal of Health Law and Policy Hous. J. Int'l 1. -Houston Journal ofInternational Law Hous. Law. Houston Lawyer Hous. 1. Rev. Houston Law Review Houst. -Houston (DeL) Honst. 1. Rev. Houston Law Review How. Howard, U.S. Supreme Court Reports How. 1.J. - Howard Law Journal How. Pro - Howard's Practice Reports (N.Y.) How. Pro (n.s.) Howard's Practice Reports, New Series (N.Y.) How. Scroll. - Howard Scroll: The So cial Justice Review H.R. 1.J. -Human Rights Law Journal HRS - Hawaii Revised Statutes HSA - Health Services Administration HUD - Department of Housing and Urban Development Hud. Wills - Hudson, A Practical Guide to Making and Proving Wills and Obtaining Grants of Letters of Administration Hugh. Ins. - D. Hughes, A Treatise on the Law of Insurance in Three Parts... Hughes - Hughes (Ky.) Hughes, Fed. Prae. Federal Practice, Jurisdiction & Procedure, Civil and Criminal with Forms Hum. Humphrey's (Tenn.) Human Reprod. & 1. Rep. (Legal-Medical Studies) - Reporter on Human Reproduction and the Law Hum. Rts. Human Rights (ABA) Hum. Rts. Ann. - Human Rights Annual Hum. Rts. Q. - Human Rights Quarterly Hum. Rts. Rev. -Human Rights Review Hung. 1. Rev. - Hungarian Law Review Hurd's Rev. St. Hurd's Revised Statutes,Ill. Hybrid: J.1. & Soc. Change U. Pa. Hybrid: Journal of Law and Social Change University of Pennsylvania I IAEA -International Atomic Energy Agency I. & N. Dec. Administrative Decisions Under Immigration andNationality Laws IBRD -International Bank for Reconstruction and Development I.C. Idaho Code; Indiana Code;Iowa Code ICA. Iowa Code Annotated ICAO International Civil Aviation Organization ICC - 1.Indian Claims Commission. 2.Interstate Commerce Commission . I.C.C. -Interstate Commerce Commission Reports I. C.C.2d— Interstate Commerce Commission Reports, 2d Series I.C.C. Prac. J. Le.e. Practitioners'Journal I.C.C. Valuation Rep. Interstate Commerce Commission Valuation Reports I.e.J. -International Court ofJustice Reports of Judgments, Advisory Opinions, and Orders I.C.J. Pleadings Pleadings, Oral Arguments, Documents ICSID -International Centre for Settlement of Investment Disputes ICSID Rev. ICSID Review J. D. -Interior DepartmentDecisions, Public Land IDA -International Development Association Idaho. Idaho Reports Idaho Code -Idaho Official Code Idaho L.J. Idaho LawJournal Idaho L. Rev. Idaho Law Review Idaho Sess. Laws Idaho Session Laws IDEA -IDEA: TheJournal of Law & Technology IER Cas. 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U. 1.Illinois Law Review! Northwestern University. 2.Illinois Law Review of Northwestern University. Ill. Reg. Illinois Register Ill. Rev. St. -Illinois Revised Statutes LL.M. -International Legal Materials ILO International Labour Organization I.L.R. International Law Reports ILSA J. Infl & Compo L. -ILSAJournal of International & Comparative Law ILSA J. Infl L. ILSAJournal ofInternational Law IMF International Monetary Fund Immigr. & Nat'lity L. Rev. Immigration and Nationality Law Review Immigr. Briefings Immigration Briefings Immigr. J. Immigration Journal Immigr. L. & Bus. News -Immigration Law & Business News Immigr. Newsl. Immigration Newsletter IMO International Maritime Organization Inc. Incorporated I.N.CL. Brief -INCL Brief (ABA) Ind. Indiana Reports Ind. Acts Acts,Indiana Ind. Admin. Code Indiana Administrative Code Ind. Adv. Legis. Servo - BurnsIndiana Advance Legislative Service Ind. Advocate Indian Advocate Ind. & Lab. ReI. Rev. -Industrial and Labor Relations Review Ind. App. Indiana Court of Appeals Reports Ind. Code. Indiana Code Ind. Code Ann. Indiana Statutes Annotated; AnnotatedIndiana Code Indian Terr. Indian Territory Reports Ind. In!,1 & Compo L. Rev. -IndianaInternational & Comparative Law Review Ind. J. Global Legal Stud. -IndianaJournal of Global Legal Studies Ind. J. Int'l L. Indian Journal ofInternational Law Ind. Leg. Forum -Indiana Legal Forum Ind. Legis. Servo -Indiana Legislative Service Ind. L.J. Indiana LawJournal Ind. L. Reg. -Indiana Legal Register Ind. L. Rep. Indiana Law Reporter Ind. L. Rev. Indiana Law Review Ind. Reg. Indiana Register Ind. Super. -Indiana Superior Court Reports Ind. T. Ann. St. Indian Territory Annotated Statutes Indus. & Lab. ReI. F. -Industrial and Labor Relations Forum Indus. & Lab. Ret Rev. - Industrial and Labor Relations Review Indus. L.J. Industrial Law Journal Indus. L. Rev. -Industrial Law Review Indus. Prop. Q. Industrial Property Quarterly Indus. ReI. J. Industrial Relations Journal Indus. ReI. J. Econ. & Soc. -Industrial Relations: Journal of Economy and Society Indus. Rei. L.J. -Industrial Relations Law Journal Ind. Y.B. Int') Aff. -Indian Yearbook ofInternational Affairs Inher. Est. & Gift Tax Rep. (CCH) -Inheritance. Estate, and Gift Tax Reports In Pub. Interest In the Public Interest INS Immigration and Naturalization Service Ins. Counsel J. -Insurance Counsel Journal Inside Litig. Inside Litigation Insights. -Insights Ins. Liability Rep. Insurance Liability Reporter Ins. L.J. -Insurance Law Journal Ins. L. Rep. (CCH) Insurance Law Reports Inst. Min. L. -Institute on Mineral Law Inst. on Est. Plan. -Institute on Estate Planning Inst. on Fed. Tax'n. Institute on Federal Taxation Inst. on Min. L. Institute on Mineral Law Inst. on on & Gas L. & Tax'n -Institute on Oil and Gas Law and Taxation Inst. on Plan. Zoning & Eminent Domain -Institute on Planning, Zoning, and Eminent Domain Inst. on Priv. Inv. & Inv. Abroad Institute on Private Investments andInvestors Abroad Inst. on Sec. Reg. -Institute on Securities Regulation INSTRAW -International Research and Training Institute for the Advancement of Women Int. Com. Commn. -Interstate Commerce Commission Int. Com. Rep. Interstate Commerce Reports Intell. Prop. L. Rev. Intellectual Property Law Review Inter Alia -Inter Alia (State Bar of Nevada) Inter-Am. L. Rev. -Inter-American Law Review Interior Dec. - Decisions of the United States Department of theInterior Internet 1. & Reg. (P & F) - Internet Law and Regulation INTERPOL -International Criminal Police Organization Interst. Com. R. -- Interstate Commerce Reports Int'} & Compo L. BulL -International and Comparative LawBulletin Int'l & Compo L.Q. International & Comparative Law Quarterly Inf} Arb. J. -International Arbitration Journal Int'l Arb. L. Rev. -International Arbitration Law Review Int'l B.l. -International Bar TournaI Int'l Bus. & Trade L. Rep. -International Business & Trade Law Reporter Int'I Bus. Law. -International Business Lawyer Int'} Bus. Lawyer -International Business Lawyer Int'l Bus. Ser. International Business Service Int'l Comm. Jurists Rev. -International Commission of Jurists Review Int'l Dig. Health Leg. International Digest of Health Legislation Int'} Dimensions -International Dimensions Int'I Encyd. Compo 1. -International Encyclopedia of Comparative Law Int'l EnvtI. Aff. International Environmental Affairs Int'l Env't Rep. (BNA) International Environment Reporter Int'l J. International Journal Int'} J. Compo & Applied Crim. Just. -International Journal of Comparative and Applied Criminal Justice In1'l J. Cultural Prop. International Journal of Cultural Property Int'l J.L. & Fam. -International Journal of Law and Family Int'I J.L. & Psych. -International Journal of Law and Psychiatry Int'l J. Legal Info. International Journal of Legal Information Int'l J. Legal Prof. -International Journal of the Legal Profession Int') J.L. Lib. -International Journal of Law Libraries Int'l J. Marine & Coastal L. -International Journal of Marine and Coastal Law Int'} J. Offender Therapy & Compo Criminology -International Journal of Offender Therapy and Comparative Criminology Int'l J. Soc. L. International Journal of the SOciology of the Law Int'l Lab. Rev. -International Labor Review Int'} L. & Trade Persp. International Law & Trade Perspective Int'} Law. International Lawyer (ABA) Int'l L. Doc. -International Law Documents Int'l Legal Persp. -International Legal Perspectives Int'l L.N. - International Law Notes Int'1. L. News -International Law News Int't L. Persp. -International Law Perspective Int'l L. Prac. -International Law Practicum Int'} LQ. -International Law Quarterly Int'l Org. - International Organization Int'l Prop.Inv. J.- International Property Investment Journal Int'l Q. - International Quarterly Int'l Rev. 1.& Econ.- International Review of Law and Economics In!,l Tax & Bus.law.-International Tax & Business Lawyer In1'l Tax J.-International Tax Journal In!'1 Trade 1.J.-International Trade Law Journal In!'1 Trade Rep. (BNA) International Trade Reporter Int. Rev.Bull.- Internal Revenue Bulletin Int. Rev.Code -Internal Revenue Code LO.e.e. Bull.-Interstate Oil Compact Commission Bulletin Iowa.- Iowa Reports Iowa Acts -Acts & Joint Resolutions of the State of Iowa Iowa Admin.Bull.- Iowa Administrative Bulletin Iowa Admin.Code - Iowa Administrative Code Iowa B.News Bull.-Bulletin of the Iowa State Bar Association Iowa Code - Code of Iowa Iowa Code Ann.-Iowa Code Annotated Iowa LB.- Iowa Law Bulletin Iowa 1. Bull.-Iowa Law Bulletin Iowa legis.Servo - Iowa Legislative Service Iowa 1. Rev.-Iowa Law Review IRA -Individual Retirement Account I.R.B.-Internal Revenue Bulletin I.R.e.-Internal Revenue Code Ired.-Iredell's Law Reports (N.C.) Ired.Eq.-Iredell's Equity Reports (N.e.) I.R.M.- Internal Revenue Manual (IRS) I. R.R. Newsl. — Individual Rights and Responsibilities Newsletter I.R.S. - 1. Illinois Revised Statutes. 2. Internal Revenue Service. IRS Pos.(CCH) -Internal Revenue Service Positions ISl 1. Rev.- ISL Law Review Issues 1.& Med.-Issues in Law & Medicine ITA - International Trade Administration ITC -International Trade Centre (UNCTAD) I.T.R.D.-International Trade Reporter Decisions (BNA) ITU -International Telecommunication Union J J. Accountancy -Journal of Accountancy J.Affordable Housing & Community Dev. 1.- Journal of Affordable Housing & Community Development Law J.Afr. 1.- Journal of African Law JAG.- Judge Advocate General JAG Bull. - JAG Bulletin (USAF) Jagg.Torts -Jaggard, Hand-book of the Law of Torts JAG J. -JAG Journal JAG 1. Rev. - United States Air Force JAG Law Review J.Agric.l. Journal of Agricultural Law J.Agric.Tax'n & L Journal of Agricultural Taxation & Law J.Air 1.-Journal of Air Law J.Air 1.& Com.-Journal of Air Law and Commerce JAlC -Journal of Air Law and Commerce JA MA. Journal of the American Medical Association J.Am.Acad. Matrim.law -Journal of the American Academy of Matrimonial Lawyers J. Am. Acad. Psych. & L. — Journal of the American Academyof Psychiatry and the Law J.Am. Jud.Soc'y Journal of the American Judicature Society J.Am.Soc'y CLU Journal of the American Society of Chartered Life Underwriters J.Am.Soc'y CLU & ChFC Journal of the American Society of Chartered Life Underwriters & Chartered Financial Consultants J.App.Prac. & Process -Journal of Appellate Practice and Process Jarm., Wills Jarman, Treatise on Wills J.Art.& Ent.l. Journal of Art and Entertainment Law J.Arts Mgmt.& 1. Journal of Arts Management and Law J.Arts Mgmt. 1.& Soc'y -Journal of Arts Management, Law and Society J.Bankr. 1.& Prac.-Journal of Bankruptcy Law and Practice J. Bev.Hills B.A. Journal of the Beverly Hills Bar Association J.Biolaw & Bus. Journal of Biolaw and Business J. Bus. 1. Journal of Business Law J.e. &U.1. Journal of College and University Law J. Chinese 1. Journal of Chinese Law J.Church & St. Journal of Church and State J.Compo Leg. &Int'll.3d.-Journal of Comparative Legislation and International Law, Third Series J.Conti. Res. Journal of Conflict Resolution J.Cons.Affairs Journal of Consumer Affairs J. Const.& ParI.Stud. Journal of Constitutional and Parliamentary Studies J.Const.1. Journal of Constitutional Law J. Const.1. E. & Cent. Eur. Journal of Constitutional Law in Eastern & Central Europe J. Contemp. HealthL. & Pol'y -Journal of Contemporary HealthLaw and Policy J. Contemp. L. Journal of Contemporary Law J. Contemp. Legal Issues. Journal of Contemporary LegalIssues J. Cont. L. Journal of Contract Law J. Copyright EntertainmentSportsL. Journal of Copyright Entertainment and SportsLaw J. CopyrightSoc'y. Journal of the Copyright Society of the U.S.A. J. CopyrightSoc'y U.S.A. Journal of the Copyright Society of the U.S.A. J. Copy. Soc'y Journal of the Copyright Society of the U.S.A. J. Corp. L. -Journal of Corporation Law (Iowa) J. Corp. Tax. -Journal of Corporate Taxation J. Corp. Tax'n. -Journal of Corporate Taxation J. Crim. Just. -Journal of CriminalJustice J. Crim. L & Criminology Journal of CriminalLaw & Criminology J.D. -Juris Doctor J. Disp. Resol. Journal of Dispute Resolution J. Energy & Devel. Journal of Energy and Development J. Energy & Nat. Resources L Journal of Energy & Natural ResourcesLaw J. Energy 1. & Pol'y. Journal of EnergyLaw & Policy J. Energy Nat. Resources & EnvtI. 1. Journal of Energy, Natural Resources & EnvironmentalLaw J. Envtl. L. & Litig. -Journal of EnvironmentalLaw and Litigation Jeremy, Eq. Jur. - A Treatise on the Equity Jurisdiction of the High Court of Chancery Jeremy on Carriers H.Jeremy, TheLaw of Carriers,Inn-keepers, Warehousemen, and Other Depositories of Goods for Hire J. Fam. 1. Journal of FamilyLaw J. Fin. Servo Prof. - Journal of Financial Service Professionals J. Forensic Document Examination Journal of Forensic Document Examination J. Forensic Econ. - Journal of Forensic Economics J. Gender Race &Just. - Journal of Gender, Race & Justice J. Health & Hosp. L. -Journal of Health and Hospital Law J. Health CareL. & POl'y. -Journal of Health Care Law & Policy J. HealthL. -Journal of HealthLaw J. Health Pol. Pol'y &1. Journal of Health, Politics, Policy &Law J. Inst. forStudy Legal Ethics. Journal of the Institute for the Study ofLegal Ethics J. Inst. StudyLegal Ethics -Journal of theInstitute for the Study ofLegal Ethics J. Intell. Prop. - Journal ofIntellectual Property J. Intell. Prop. 1. -Journal ofIntellectual Property Law J. Int'} Aff. Journal ofInternational Affairs J. Int'l & Comp oL. Journal ofInternational and ComparativeLaw J. Int'lArb. -Journal of International Arbitration J. Int'} Banking1. - Journal ofInternational Banking Law J. Int'l Comm. lur. Journal of theInternational Commission ofJurists J. Int'l Fin. Markets Journal ofInternational Financial Markets J. Int'l1. & Com. Reg. Journal ofInternationalLaw and Commercial Regulation J. Int'l1. & Dipl. -Journal ofInternationalLaw and Diplomacy J. Int'. L & Eeon. Journal ofInternational Law and Economics J. Inl'l1. & Pol. - Journal ofInternationalLaw and Politics J. Int'lL. & Prae. -Journal ofInternationalLaw and Practice J. Int'lLegalStud. Journal oflnternationalLegal Studies J. Int'} Tax'n. -Journal ofInternational Taxation J. Int'l Wildlife L & pory Journal oflnternational Wildlife Law and Policy J. John Bassett MooreSoc'y Int']L. -Journal of the John Bassett Moore Society ofInternationalLaw I.J. Marsh. -J.J. Marshall (Ky.) J. Juv. 1. -Journal ofJuvenile Law J. Kan. B.A. -Journal of the Kansas Bar Association J.L. & Com. -Journal ofLaw and Commerce J.1. & Eeon. Journal ofLaw and Economics J.L. & Eeon. Dev. Journal ofLaw and Economic Development J .L. & Edue. -Journal ofLaw and Education J.1. & Fam. Stud. -Journal ofLaw and Family Studies J.1. & Health. - Journal ofLaw and Health ,.1. & Info. Sci. Journal ofLaw andInformation Science J.L. & Pol. -Journal ofLaw and Politics J.1. & Pol'y. -Journal ofLaw and Policy J.L. & Relig. -Journal of Law and Religion J.L. & Religion. - Journal ofLaw and Religion J. Land Res. & Envtl. 1. -Journal ofLand, Resources and EnvironmentalLaw J. Land Resources & Envtl. L. — Journal of Land, Resources and EnvironmentalLaw J.L. & Social Pol'y. Journal ofLaw and Social Policy J.J. & Soc. pory - Journal ofLaw and Social Policy J.L. & Soe'y - Journal ofLaw and Society J.L. & Tech. Journal ofLaw & Technology (ceased publication) J.L. & Trade Am. - Journal ofLaw and Trade in the Americas J. Land Use & Euvt!. L. Journal ofLand Use & EnvironmentalLaw J.L. Eeon. & Drg. Journal ofLaw, Economics & Organization J. Legal Eeon. - Journal ofLegal Economics J. Legal Edue. - Journal ofLegal Education J. Legal Hist. Journal ofLegal History J. Legal Med. Journal ofLegal Medicine J. Legal Prof. Journal of theLegal Profession J. Legal Stud. - Journal ofLegal Studies J. Legal Stud. Educ. Journal ofLegal Studies Education J. Legis. - Journal ofLegislation J. Leg. Stud. - Journal ofLegal Studies J.L. Fam. Stud. Journal ofLaw and Family Studies J.L. Med. & Ethics Journal ofLaw, Medicine & Ethics J.L. Ref. Journal ofLaw Reform J.L. Reform - Journal ofLaw Reform J.L. Soc'y Journal ofLaw in Society J. Mar. L. & Com. Journal of MaritimeLaw and Commerce J. Mar. L.R. John MarshallLaw Review J. Mar. L. Rev. John MarshallLaw Review J. Marshall J. Computer & Info. L. - John Marshall Journal of Computer & InformationLaw J. Marshall J. Prac. & Proe. John Marshall Journal of Practice and Procedure J. Marshall L.Q. John MarshallLaw Quarterly J. Marshall L. Rev. John MarshallLaw Review J. Med. & L. - Journal of Medicine andLaw J. Min. L. & Pol'y Journal of MineralLaw & Policy J. Minn. Pub. L. Journal of Minnesota PublicLaw J. Mo. B. - Journal of the Missouri Bar J. Nat'l Ass'nAdmin. L. Judges - Journal of the National Association of AdministrativeLaw Judges J. Nat'} Sec. L. Journal of National SecurityLaw J. Nat. Resources & Envtl. L. Journal of Natural Resources & EnvironmentalLaw J.D. - Journal Officiel des Communautes Europeennes Johns. - Johnson's Reports (N.Y.) Johns. Cas. Johnson's Cases (N.Y.) Johns. Ch. Johnson's Chancery Reports (N.Y.) Jones Jones'Law Reports (N.C.) Jones, Chat. Mortg. - A Treatise on theLaw of Mortgages of Personal Property Jones, Easem. A Treatise on theLaw of Easements Jones Eq. Jones' Equity (N.C.) Jones, Liens Treatise on theLaw of Liens: Common Law, Statutory, Equitable and Maritime Jones, Mortg. A Treatise on theLaw of Mortgages of Real Property Jones on Bailments - W. Jones, An Essay on theLaw of Bailments Jones, Pledges - A Treatise on theLaw of Pledges, including Collateral Securities J.P. Justice of the Peace J. Partnership Tax'n - Journal of Partnership Taxation J. Passthrough Entities - Journal of Passthrough Entities J. Pat. & Trademark Dff. 50e'y - Journal of the Patent and Trademark Office Society J. Pat. Dff. Soe'y - Journal of the Patent Dffice Society J. PensionPlan. & Compliance - Journal of Pension Planning and Compliance J. Pharmacy & L. - Journal of Pharmacy &Law J. Police Sci. & Ad. - Journal of Police Science and Administration J. Prod. Liab. Journal of ProductsLiability J. Proprietary Rts. - Journal of Proprietary Rights J. Psych. & L. Journal of Psychiatry andLaw J. Pub. L. Journal of PublicLaw J. Real Est. Tax'n. Journal of Real Estate Taxation J. Sci. & Tech. L. Journal of Science and Technology Law J. S. Corp. Tax'n Journal of S Corporation Taxation J. S. Ct. Hist. Journal of Supreme Court History J.S. Legal Hist. Journal of SouthernLegal History J. Small & Emerging Bus. L. - Journal of Small & Emerging BusinessLaw J. Space L. Journal of SpaceLaw J. State Tax'n Journal of State Taxation J. St. Tax'n Journal of State Taxation J. Suffolk Acad. L. - Journal of the Suffolk Academy ofLaw J. Sup. Ct. Hist. - Journal of Supreme Court History J. Tax. Journal of Taxation J. Tax'n. Journal of Taxation J. Tax'n Inv. - Journal of Taxation of Investments J. Tax'n Investments - Journal of Taxation of Investments J. Tech. L. & pory - Journal of TechnologyLaw and Policy J. Telecomms. & High Tech. L. - Journal on Telecommunications & High TechnologyLaw 1787 Table of Legal Abbreviations J. Tex. Ins. 1. - Journal ofTexas Insurance Law J. Transnat'! 1. & pory Journal ofTransnational Law & Policy J. Transp. 1., Logistics & Pol'y Journal of Transportation Law, Logistics and Policy Jud. Conduct Rep. - Judicial Conduct Reporter Judges. J. Judges Journal (ABA) J. Urb. 1. Journal ofUrban Law Jurid. Rev. - Juridical Review Jurimetrics J. Jurimetrics Journal Jurimetrics J. 1. Sci. & Tech. Jurimetrics Journal of Law, Science and Technology (ABA) Juris Dr. Juris Doctor Juris Mag. - Juris Magazine Jurist - The Jurist Jur. Rev. - Juridical Review Just. Sys. J. - Justice System Journal J. U. Tex. Int'l 1. - Journal ofthe University ofTexas International Law Juv. & Fam. Ct. J. - Juvenile and Family Court Journal K Kan. - Kansas Reports Kan. Admin. Regs. — Kansas Administrative Regulations Kan. App. - Kansas Court ofAppeals Reports Kan. App. 2d. Kansas Court ofAppeals Reports, Second Series Kan. B.A.J. Kansas Bar Association Journal Kan. City 1. Rev. Kansas City Law Review Kan. C. 1. Rep. - Kansas City Law Reporter Kan. J.L. & Pub. pory Kansas Journal ofLaw & Public Policy Kan. Law. Kansas Lawyer Kan. 1.J. - Kansas Law Journal Kan. 1. Rev. - Kansas Law Review Kan. Reg. - Kansas Register Kan. Stat. Ann. - Kansas Statutes Annotated Kan. Sess. Laws - Session Laws ofKansas K.B. - King's Bench (Eng.) K.B.J. - Kansas Bar Journal Keener, Quasi-Contracts - A Treatise on the Law of Quasi-Contracts Kent - Commentaries on American Law Kent, Comm. Commentaries on American Law Kent's Com. Kent, Commentaries on American Law Kerr, Rec. The Law and Practice as to Receivers Kirby - Kirby (Conn.) KRS - Kentucky Revised Statutes K.S.A. Kansas Statutes Annotated Ky. - Kentucky Reports Ky. Acts — Kentucky Acts Ky. Admin. Reg. - Administrative Register of Kentucky Ky. Admin. Regs. Kentucky Administrative Regulations Ky. App. Rptr. - Kentucky Appellate Reporter Ky. Bench & B. - Kentucky Bench and Bar Ky. Children's Rts. J. Kentucky Children's Rights Journal Kyd, Bills - A Treatise on the Law ofBills ofExchange and Promissory Notes Kyd, Corporations Kyd, A Treatise on the Law of Corporations Ky. Dec. Kentucky Decisions Ky. Law Rep. Kentucky Law Reporter Ky. 1.J. - Kentucky Law Journal Ky. 1. Rptr. - Kentucky Law Reporter Ky. 1. Summar y Kentucky Law Summary Ky. Op. - Kentucky Opinions Ky. Rev. Stat. & R. Servo Baldwin's Official Edition, Kentucky Revised Statutes & Rules Service Ky. Rev. Stat. Ann. - Kentucky Revised Statutes Annotated Ky. St. B.J. -Kentucky State Bar Journal L 1. - Laws (ofstate) La. - Louisiana Reports La. Acts - State ofLouisiana: Acts ofthe Legislature La. Admin. Code Louisiana Administrative Code La. Ann. - Louisiana Annual Reports La. App. Louisiana Court ofAppeals Reports Lab. Arb. Awards (CCH) Labor Arbitration Awards Lab. Arb. Rep. (BNA) - Labor Arbitration Reports L.A. Bar Bull. Los Angeles Bar Bulletin Lab. Cas. (CCH) Labor Cases La. B.J. - Louisiana Bar Journal Lab. Law. Labor Lawyer Lab. L.J. Labor Law Journal Lab. 1. Rep. (CCH) - Labor Law Reporter Lab. L. Servo (CCH) - Labor Law Service Lab. ReI. & Empi. News - Labor Relations and Employment News (ABA) Lab. ReI. Rep. (BNA) Labor Relations Reporter La. Civ. Code Ann. Louisiana Civil Code Annotated Lack. Bar Lackawanna Bar Lack. Jur. Lackawanna Jurist Lack. Jurist Lackawanna Jurist Lack. Legal N. - Lackawanna Legal News Lack. Leg. News Lackawanna Legal News Lack. Leg. Rec. -Lackawanna Legal Record L.A. Law. -Los AngelesLawyer La. L.J. -LouisianaLaw Journal La. L. Rev. -LouisianaLaw Review L. & Contemp. Probs. Law and Contemporary Problems L. & Critique -Law and Critique L. & Hist. Rev. -Law and History Review L. & Soc. Inquiry. -Law & Social Inquiry L.& Soc. Order Law and Social Order L. & Soc'y Rev. Law and Society Review Land & Water L. Rev. -Land & WaterLaw Review Land Use & Env. L. Rev. Land Use and Environment Law Review Langdell, Contracts - Summary of theLaw of Contracts Langdell, Eq. PI. A Summary of Equity Pleading Langdell, Sel. Cas. Sales Selection of Cases on the Sales of Personal Property Langdell, Summary A Summary of theLaw of Contracts Langdell, Summary of Contracts - A Summary of theLaw of Contracts Lang. Sales -Langdell, Selection of Cases on the Sales of Personal Property Lans. -Lansing's Reports (N.Y.) Lans. Ch. -Lansing's Chancery Reports (N.Y.) La Raza L.J. -La RazaLaw Journal La. Reg. -Louisiana Register La. Rev. Stat. Ann. Louisiana Revised Statutes Annotated La. Sess. Law Servo -Louisiana SessionLaw Service Law. Americas Lawyer of the Americas Law & Contemp. Probs. Law & Contemporary Problems Law & Hist. Rev. -Law and History Review Law & Hum. Behav. Law and Human Behavior Law & Ineq. -Law and Inequality: A Journal of Theory and Practice Law & Ineq. Joo Law & Inequality Journal Law & Phil. -Law and Philosophy Law & Pol'y InCI Bus. Law & Policy in International Business Law & Psychol. Rev. Law and Psychology Review Law & Psych. Rev. Law and Psychology Review Law & Sex. Law & Sexuality: A Review ofLesbian & GayLegal Issues Law & Sexuality -Law & Sexuality: A Review of Lesbian & GayLegal Issues Law & Soc. Inquiry Law and Social Inquiry Law & Soc'y Rev. Law and Society Review Law. Competitive Edge -Lawyers Competitive Edge: The Journal ofLaw Office Economics and Management taw Forum -Law Forum (U. of Baltimore) Law Inst. J. -Law Institute Journal Law Lib. J. -Law Library Journal Law Libr. J. -LawLibrary Journal Law. Man. on Prof. Conduct (ABA/BNA) Lawyers Manual on Professional Conduct Law Off. Econ. & Mgt. Law Office Economics and Management Laws. Man. on Prof. Conduct (ABA/BNA) Lawyers Manual on Professional Conduct Lawson, Exp. Ev. - TheLaw of Expert and Opinion Evidence Reduced to Rules Lawson, Rights, Rem. & Pr. Rights, Remedies, and Practice, atLaw, in Equity, and Under the Codes LC -Library of Congress LEAA -Law Enforcement Assistance Administration Leake, Cont. - The Elements of theLaw of Contracts Lea, Sup. and Force Superstition and Force: Essays on Wager ofLaw, the Wager of Battle, the Ordeal, Torture Lebanon -Lebanon CountyLegal Journal (Pa.) L. Ed. - U.S. Supreme Court Reports,Lawyer's Edition L. Ed. 2d. U.S. Supreme Court Reports,Lawyer's Edition, Second Series Leg. - Acts of theLegislature Leg. Aff. -Legal Affairs Legal Econ. -Legal Economics (ABA) Legal Educ. Newsl. Legal Education Newsletter (ABA) Legal Reference Services Q. -Legal Reference Services Quarterly Legal Ref. Servo Q. -Legal Reference Services Quarterly Legal Services Bull. -Legal Services Bulletin Legal Stud. F. Legal Studies Forum Leg. Gaz. R. -Legal Gazette Reports (Pa.) Legis. Stud. Q. Legislative Studies Quarterly Leg. Writing Legal Writing: The Journal of theLegal Writing Institute Leh. L.J. -LehighLaw Journal, Pa Leigh Leigh (Va.) LERC Monograph Ser. LERC Monograph Series Lewis, Em. Dom. J.Lewis, A Treatise on theLaw of Eminent Domain in the United States Lewis, Perp. W.Lewis, A Practical Treatise on the Law of Perpetuity Lewis U. L. Rev. Lewis UniversityLaw Review Liberty, Life & Fam. -Liberty,Life and Family Life Health & Acdd. Ins. Cas. (CCH) Life Health and Accident Insurance Cases Life Health & Accid. Ins. Cas. 2d (CCH) - Life Health and Accident Insurance Cases, Second Series Lincoln L. Rev. Lincoln Law Review Lindley, Compo - A Treatise on the Law of Companies Lindley, Part. A Treatise on the Law of Partnerhip L. in Japan Law in Japan Liquor Cont. L. Rep. (CCH) Liquor Control Law Reports Litig. - Litigation (ABA) Litigation Litigation (ABA) Litt. - Littell (Ky.) Litt. Sel. Cas. - Littell Selected Cases (Ky.) L. Lib. J. - Law Library Journal L. Lib. News Law Library News L. Libr. J. Law Library Journal LL.B. Legum Baccalaureus (Bachelor of Laws) LL.D. Legum Doctor (Doctor of Laws) LL.M. - Legum Magister (Master of Laws) Lloyd's Mar. & Com. L.Q. Lloyd's Maritime and Commercial Law Quarterly L. Med. & Health Care Law, Medicine and Health Care L.N.T.S. - League of Nations Treaty Series Lock. Rev. Cas. Lockwood's Reversed Cases (N.Y.) Los Angeles Bar J. Los Angeles Bar Journal Lowell, Transfer of Stock - The Transfer of Stock in Private Corporations Loy. Consumer L. Rep. - Loyola Consumer Law Reporter Loy. Consumer L. Rev. - Loyola Consumer Law Review Loy. Ent. L.J. Loyola Entertainment Law Journal Loy. Intell. Prop. & High Tech. J. - Loyola Intellectual Property & High Technology Journal Loy. L.A. Ent. L.J. Loyola of Los Angeles Entertainment Law Journal Loy. L.A. Ent. L. Rev. Loyola of Los Angeles Entertainment Law Review Loy. L.A. Int'I & Comp. L. Ann. - Loyola of Los Angeles International and Comparative Law Annual Loy. L.A. Int'l & Comp. L.J. - Loyola ofLos Angeles International and Comparative Law Journal Loy. L.A. Int'l & Comp. L. Rev. - Loyola of Los Angeles International and Comparative Law Review Loy. L.A. L. Rev. Loyola of Los Angeles Law Review Loy. 1. Rev. Loyola Law Review (New Orleans) Loy. Intell. Prop. & High Tech. L.Q. - Loyola Intellectual Property & High Technology Law Quarterly Loy. Mar. 1. J. Loyola Maritime Law Journal Loy. Poverty L.J. Loyola Poverty Law Journal Loy. U. Chi. L.J. Loyola University of Chicago Law Journal Loy. U. New Orleans J. Pub. Int. L. - Loyola University of New Orleans Journal of Public Interest Law 1.P.R.A. Laws of Puerto Rico Annotated L. Prac. Mgmt. - Law Practice Management (ABA) LQR - Law Quarterly Review L.R. Law Reports, U.S L.R.A. Lawyers' Reports Annotated 1.R.A. N.S. Lawyers' Reports Annotated New Series L. Rev. Micb. St. U.-Det. C.L. - Law Review of Michigan State University-Detroit College of Law LRP - Labor Relations Press 1.R.R.M. (BNA) Labor Relations Reference Manual LSA. Louisiana Statutes Annotated LSA-C.C. Louisiana Statutes Annotated-Civil Code LSA-C.C.P. Louisiana Statutes Annotated-Code of Civil Procedure LSA-C.J.P. Louisiana Statutes Annotated-Code of Juvenile Procedure LSA-R.S. Louisiana Statutes Annotated-Revised Statutes Ltd. Limited M MA Maritime Administration Mackey Mackey (D.C.) Maine, Ancient Law Ancient Law: Its Connection with the Early History of Society and Its Relation to Modern Ideas Maine, Anc. Law - Ancient Law: Its Connection with the Early History of Society... Maine B.J. - Maine Bar Journal Maine, Early Hist. Inst. - Lectures on the Early History of Institutions Maine, Early Law and Custom - Dissertations on Early Law and Custom Maine 1. Rev. - Maine Law Review Maine, Village Communities - Village Communities in the East and West, Six Lectures Delivered at Oxford Major Tax Plan. - Major Tax Planning Malloy - Treaties, Conventions, International Acts, Protocols, and Agreements Between the United States and Other Powers Man. L.}. - Manitoba Law Journal Mar. Martin (N.C.) Markby, Elements of Law - Elements of Law Considered with Reference to Principles of General Jurisprudence Mar. Law. - Maritime Lawyer Marq. Inteil. Prop. L. Rev. - Marquette Intellectual Property Law Review Marq. L. Rev. - Marquette Law Review Marq. Sports L.J. - Marquette Sports Law Journal Marsden, Law of Collisions - A Treatise on the Law ofCollisions at Sea Marshall on Insurance - A Treatise on the Law of Insurance Mart. & Yer. - Martin & Yerger (Tenn.) Mart. Ex. - Martin, A Treatise on the Powers and Duties ofExecutors and Administrators Mart. (n.s.) - Martin Louisiana Term Reports, New Series (La.) Mart. (o.s.) - Martin Louisiana Term Reports, Old Series (La.) Marv. - Marvel (Del.) Mass. - Massachusetts Reports Mass. Acts - Acts and Resolves ofMassachusetts Mass. Adv. Legis. Servo Massachusetts Advance Legislative Service Mass. Ann. Laws - Annotated Laws ofMassachusetts Mass. App. Ct. - Massachusetts Appeals Court Reports Mass. App. Dec. - Massachusetts Appellate Decisions Mass. App. Div. Massachusetts Appellate Division Reports Mass. Gen. Laws - General Laws ofthe Commonwealth ofMassachusetts Mass. Gen. Laws Ann. - Massachusetts General Laws Annotated Mass. Legal Hist. Massachusetts Legal History: A Journal ofthe Supreme Judicial Court Legal History Society Mass. Legis. Servo Massachusetts Legislative Service Mass. L.Q. - Massachusetts Law Quarterly Mass. L. Rev. - Massachusetts Law Review Mass. Reg. Massachusetts Register Mass. Regs. Code - Code ofMassachusetts Regulations Mass. Supp. Massachusetts Reports Supplement May, Ins. - Law ofInsurance, as Applied to Fire, Accident, Guarantee, and Other Non-maritime Risks MB - Matthew Bender M.C.A. - Mississippi Code Annotated; Montana Code Annotated McAdam, LandI. & T. Ihe Rights, Duties, Remedies, and Incidents Belonging to and Growing Out ofthe Relation ofLandlord and Tenant M.C.C. - Interstate Commerce Commission: Motor Carrier Cases McCahon - McCahon (Kan.) McCord McCord (S.c.) McCord Eq. - McCord's Chancery Reports (S.c.) McCrary, Elections - Treatise on the American Law ofElections McGeorge L. Rev. McGeorge Law Review McGill 1.J. McGill Law Journal McGI. - McGloin (La.) McKelvey, Ev. - Handbook ofthe Law ofEvidence M.C.L.A. - Michigan Compiled Laws Annotated McMul. McMullen (S.c.) McMul. Eq. McMullen's Equity Reports (S.c.) Md. Maryland Reports Md. App. - Maryland Appellate Reports Md. B.J. - Maryland Bar Journal Md. Ch. Maryland Chancery Md. Code Ann. - Annotated Code of Maryland Md. J. Contemp. Legal Issues - Maryland Journal of Contemporary Legal Issues Md. J. InCI L. & Trade Maryland Journal of International Law and Trade Md. Laws - Laws ofMaryland Md. L.F. - Maryland Law Forum Md. L. Rep. - Maryland Law Reporter, Baltimore Md. L. Rev. - Maryland Law Review Md. Reg. Maryland Register Me. Maine Reports Me. Acts - Maine Acts Me. B.J. - Maine Bar Journal Mechem, Ag. - Treatise on the Law ofAgency Jneluding Not Only a Discussion ofthe General Subject, but also Special Chapters on Attorneys, Auctioneers, Brokers and Factors Mechem, Part. - Elements ofthe Law ofPartnership Med. & 1. Medicine & Law Med. Devices Rep. (CCH) - 1. Medical Devices Reporter. 2. Medical Devices Reports. Media L. & Pol'y. Media Law & Policy Media 1. Rep. (BNA) - Media Law Reporter Mediation Q. -Mediation Quarterly: Journal ofthe Academy ofFamily Mediators Medicare & Medicaid Guide (CCH) - Medicare and Medicaid Guide Med. Leg. J. - Medico-Legal Journal Med. Trial Tech. Q. - Medical Trial Technique Quarterly Meigs - Meigs (Tenn.) Me. Laws - Maine Laws Melb. J. Int'l L. - Melbourne Journal ofInternational Law Melb. U. L. Rev. - Melbourne University Law Review Me. Legis. Servo - Maine Legislative Service Me. L. Rev. - Maine Law Review Memphis L.J. Memphis Law Journal, Tenn Memphis St. U. L. Rev. - Memphis State University Law Review Mental & Phys. Disab. L. Rep. - Mental &Physical Disability Law Reporter (ABA) Mental Disab. L. Rep. Mental Disability Law Reporter (ABA) Mercer L. Rev. - Mercer Law Review Me. Rev. Stat. Ann. - Main Revised Statutes Annotated Merg. & Acq. - Mergers and Acquisitions Met. - I. Metcalf (Ky.). 2. Metcalf (Mass.). M.F.P.D. Modern Federal Practice Digest MGIC. Mortgage GuarantyInsurance Corporation M.G.L.A. Massachusetts General Laws Annotated Miami L.Q. - MiamiLaw Quarterly Mich. Michigan Reports Mich. Admin. Code - Michigan Administrative Code Mich. App. Michigan Appeals Reports Mich. B.J. Michigan State Bar Journal Mich. Bus. L.J. Michigan Business Law Journal Mich. Compo Laws Michigan Compiled Laws Mich. Compo Laws Ann. Michigan Compiled Laws Annotated Mich. Ct. CI. - Michigan Court ofClaims Reports Mich. J. Gender & L. - Michigan Journal of Gender &Law Mich. J. Infl L. - Michigan Journal ofInternational Law Mich. J.L. Ref. - University of Michigan Journal of Law Reform Mich. J. Race & L. - Michigan Journal of Race &Law Mich. L. & pory Rev. - Michigan Law & Policy Review Mich. Legis. Servo Michigan Legislative Service Mich. L. Rev. - Michigan Law Review Mich. Pub. Acts - Public and Local Laws of the Legislature of the State of Michigan Mich. Reg. — Michigan Register Mich. Stat. Ann. Michigan Statutes Annotated Mich. St. U. - DCL J. Int'l L. - Michigan State University-Detroit College of Law Journal of International Law Mich. Tax Law. - Michigan Tax Lawyer Mich. Tax L.J. - Michigan Tax Law Journal Mich. Telecomm. & Tech. L. Rev. - Michigan Telecommunications and Technology Law Review Mich.Y.B. Int'l Legal Stud. Michigan Yearbook of International Legal Studies MIGA MultilateralInvestment Guarantee Agency Mill Mill (Constitutional) Miller H. Miller, Treaties and OtherInternational Acts of the United States Miller, Canst. - S. Miller, Lectures on the Constitution of the United States Mill, Log. - A System of Logic, Ratiocinative andInductive , Being a Connected View of the Principles of Evidence and the Methods of Scientific Investigation Mil. L. Rev. - Military Law Review Mills, Em. Dam. - A Treatise on the Law of Eminent Domain Minn. - Minnesota Reports Minn. Code Agency — Minnesota Code of Agency Rules Minn. lntell. Prop. Rev. Minnesota Intellectual Property Review Minn. J. GlobalTrade -Minnesota Journal of Global Trade Minn. Laws - Laws of Minnesota Minn. L. Rev. MinnesotaLaw Review Minn. R. - Minnesota Rules Minn. Reg. Minnesota State Register Minn. Sess. Law Servo - Minnesota Session Law Service Minn. Stat. Minnesota Statutes Minn. Stat. Ann. Minnesota Statutes Annotated Minn. Trial Law. - Minnesota Trial Lawyer Minor - Minor (Ala.) Misc. New York Miscellaneous Reports Misc. 2d - New York Miscellaneous Reports, Second Series Miss. - Mississippi Reports Miss. C. L. Rev. 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Minnesota Statutes Annotated. 2. Michigan Statutes Annotated. MSL 1. Rev. - MSL Law Review MSL Rev. - MSL Review: A Journal for Practitioners and Judges M.S.P.B. - Decisions of the United States Merit Systems Protection Board M.U.1.1. - MULL: Modern Uses of Logic in Law Mun. Att'y - Municipal Attorney Munf. - Munford (Va.) Mur. - Murphey (N.C.) Mut. Funds Guide (CCH) - Mutual Funds Guide N NACUA - National Association of College and University Attorneys NAFTA: 1. & Bus. Rev. Am. -NAFTA: Law & Business Review of the Americas N. Am. Rev. - North American Review NAS - National Academy of Science NASA - National Aeronautics and Space Administration NASD - National Association of Securities Dealers Nat. Gas Law. J. - Natural Gas Lawyer's Journal Nation Code - Navajo Nation Code Nat'l Black 1.J. - National Black Law Journal Nat'l J. Crim. Def. - National Journal of Cr iminal Defense Nat'l Jewish 1. Rev. - National Jewish Law Review Nat'l Pub. Empl. Rep. (LRP) -NationalPublic Employment Reporter Nat'l Rep. Legal Ethics (UPA) -National Reporter on Legal Ethics Nat'l Tax J. - National Tax Journal NATO - North Atlantic Treaty Organization Nat. Res. Law. - Natural Resources Lawyer Nat. Resources & Env't. - Natural Resources & Environment (ABA) Nat. Resources J. - Natural Resources Journal Nat. Resources Law. - Natural Resources Lawyer Nat. Resources 1. Newsl. - Natural Resources Law Newsletter (ABA) Navajo Rptr. - Navajo Reporter Naval 1. Rev. - Naval Law Review NBANat'l B.A. Mag. - NBA National Bar Association Magazine NBS - National Bureau of Standards N.C. - North Carolina Reports N.C. Admin. Code - North Carolina Administrative Code N.C. Adv. Legis. Servo - Advance Legislative Service to the General Statutes of North Carolina N.C. App. - North Carolina Court of Appeals Reports N.C.B. - North Carolina Bar N.C. Banking Inst. - North Carolina Banking Institute N.C. 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Code - New Jersey Administrative Code N.J. Eq. - New Jersey Equity Reports N.J.L. - 1. New Jersey Law Reports. 2. New Jersey Lawyer. N.J. Law. - New Jersey Lawyer N.J. Laws - Laws of New Jersey N.J.L.J. - New Jersey Law Journal N.J. Misc. - New Jersey Miscellaneous Reports N.J. Reg. - New Jersey Register N.J. Rev. Stat. - New Jersey Revised Statutes N.J.S.A. - New Jersey Statutes Annotated N.J. Sess. Law Servo - New Jersey Session Law Service N.J. Stat. Ann. - New Jersey Statutes Annotated N.J. St. B.J. - New Jersey State Bar Journal N.J. Super. - New Jersey Superior Court Reports N.J. Tax - New Jersey Tax Court Reports N. Ky. L. Rev. - Northern Kentucky Law Review N. Ky. St. L. F. - Northern Kentucky State Law Forum N.L.R.B. - Decisions & Orders of the National Labor Relations Board NLRB Dec. (CCH) -NLRB Decisions N.M. - New Mexico Reports N.M. Admin. Code - New Mexico Administrative Code N.M. Adv. Legis. Servo - New Mexico Advance Legislative Service N. Mar. 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Law B.J. - New York Lawyer Bar Journal N.Y. Law J. New York Law Journal N.Y. 1.e. Ann. New York Leading Cases Annotated N.Y. Leg. N. New York Legal News N.Y. Leg. Obs. New York Legal Observer N.Y. Leg. Reg. New York Legal Register N.Y. L.F. New York Law Forum N.Y. 1. Gaz. - New York Law Gazette N.Y. L.J. New York Law Journal N.Y. L. Rec. - New York Law Record N.Y. L. Rev. New York Law Review N.Y. 1. Sch. Hum. Rts. Ann. - New York Law School Human Rights Annual N.Y.L. Seh. J. Hum. Rts. New York Law School Journal of Human Rights N.Y.L. Sch. Infl L. Soc'y J. - New York Law School International Law Society Journal N.Y.L. Sch. J. Int'l &Comp. L. - New York Law School Journal ofInternational & Comparative Law N.Y.L. Seh. 1. Rev. New York Law School Law Review NYLS Citylaw New York Law School Citylaw N.Y. Misc. New York Miscellaneous Reports N.Y. Misc.2d. New York Miscellaneous Reports, Second Series N.Y. Month. 1. Bul. New York Monthly Law Bulletin N.Y. Month. L.R. - New York MonthlyLaw Reports N.Y. Mun. Gaz. - New York Municipal Gazette N.Y. Ops. Atty. Gen. - Opinions of the Attorney General of New York N.Y. Pr. Rep. - New York Practice Reports N.Y. Rec. - New York Record N.Y.S.- New York Supplement Reporter N.Y.S.2d. - New York Supplement Reporter, Second Series N.Y.S.E. Guide (CCH) - New York Stock Exchange Guide N.Y. Sea Grant L. &Pol'y - New York Sea Grant Law and Policy N.Y. State Bar J.- New York State Bar Journal N.Y. St. B.A. Antitrust L. Symp.- New York State Bar Association Antitrust Law Symposium N.Y. St. B.J. - New York State Bar Journal N.Y. St. Reg. - New York State Register N.Y. St. Rep. - New York State Reporter N.Y. Sup. Ct. - New York Supreme Court Reports N.Y.U. Ann. Surv. Am. L.- New York University Annual Survey of American Law N.Y.U. EnvtI. L.J. - New York University EnvironmentalLaw Journal N.Y.U. J. Int'l L. &Pol. - New York University Journal of InternationalLaw and Politics N.Y.U. J. Legis. &Pub. Pol'y - New York University Journal ofLegislation and Public Policy N.Y.U. L.Q. Rev. - New York University Law Quarterly Review N.Y.U. L. Rev. - New York UniversityLaw Review N.Y.U. Rev. L. &Soc. Change. - New York University Review of Law and Social Change N.Z. L.J. - New ZealandLaw Journal N.Z. U. L. Rev.- New Zealand UniversitiesLaw Review o OAS - Organization of American States OASDI- Old Age, Survivors and Disability Insurance Benefits O.C.D. - Ohio Circuit Decisions Ocean &Coastal L.J.- Ocean & CoastalLaw Journal Ocean Dev. &Int'l L.J.- Ocean Development and InternationalLaw Journal Odgers, Libel and Slander - The Law of Libel and Slander, and of Actions on the Case for Words Causing Damage OECD - Organization for Economic Cooperation and Development OFCC.- Office of Federal Contract Compliance OFCCP Fed. Cont. Compi. Man (CCH) - OFCCP Federal Contract Compliance Manual OFDI- Office of Foreign Direct Investment Off. Gaz. - 1. 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Ohio Opinions, Second Series Ohio Op. 3d - Ohio Opinions, 1bird Series Ohio Prob. - Ohio Probate Ohio Rev. Code Ann. Ohio Revised Code Annotated Ohio S. & C.P. Dec. Ohio Superior and Common Pleas Decisions Ohio St. - Ohio State Reports Ohio St.2d. - Ohio State Reports, Second Series Ohio St.3d. - Ohio State Reports, Third Series Ohio St. B.A. Rep. - Ohio State Bar Association Report Ohio St. J. on Disp. Resol. - Ohio StateJournal on Dispute Resolution Ohio St. L.J. - Ohio State LawJournal Ohio Supp. Ohio Supplement Oil & Gas Tax Q. - Oil & Gas Tax Quarterly Oil, Gas & Energy Q. - Oil, Gas and Energy Quarterly O.J. - Official Journal of the European Communities Okla. - Oklahoma Reports Okla. Admin. Code Oklahoma Administrative Code Okla. B.J. - Oklahoma BarJournal Okla. City V.L. Rev. - Oklahoma City University Law Review Okla. Crim. Oklahoma Criminal Reports Okla. L.J. - Oklahoma LawJournal Okla. L. Rev. - Oklahoma Law Review Okla. Sess. - Oklahoma Session Laws Okla. Sess. Law Servo Oklahoma Session Law Service Okla. Stat. - Oklahoma Statutes Okla. Stat. Ann. - Oklahoma Statutes Annotated Oliver on Conveyancing Practical Conveyancing, A Selection of Forms of General Utility with Notes Interspersed OLMS Office of Labor-Management Standards OMB - Office of Management and Budget 0.0. - Ohio Opinions Op. Atty. Gen. Opinions of the Attorney General OPCW Organization for the Prohibition of Chemical Weapons (UN) OPM Office of Personnel Management Op. Off. Legal Counsel Opinions of Office of Legal Counsel of Department ofJustice Op. Solie. P.O. Dep't Official Opinions of the Solicitor for the Post Office Department Or. Oregon Reports Or. Admin. R. - Oregon Administrative Rules Or. Admin. R. Bull. - Oregon Administrative Rules Bulletin Orange County B.J. - Orange County BarJournal Orange County Law. - Orange County Lawyer Or. App. - Oregon Reports, Court ofAppeals Or. Bar Bull. - Oregon Bar Bulletin ORC. — Ohio Revised Code Or. 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Ottawa Law Review Overt. - Overton (Tenn.) Oxford J. Legal Stud. OxfordJournal of Legal Studies p P. - Pacific Reporter P.2d. - Pacific Reporter, Second Series P.3d - Pacific Reporter, Third Series Pa. - Pennsylvania State Reports Pa. B.A.Q. - Pennsylvania Bar Association Quarterly Pa. Bull. Pennsylvania Bulletin Pa. C. Pennsylvania County Court Reports Pace Env tl. L. Rev. - Pace Environmental Law Review Pace Int'l L. Rev. - Pace International Law Review Pace L. Rev. - Pace Law Review Pace Y.B. Int'l 1. - Pace Yearbook ofInternational Law Pacific C. L.J. Pacific Coast Law Journal, San Francisco Pac. 1.J. - Pacific Law Journal Pa. Co. Ct. R. - Pennsylvania County Court Reports Pa. Code Pennsylvania Code Pa. Commw. Pennsylvania Commonwealth Court Reports Pa. Com. PI. Pennsylvania Common Pl eas Reporter Pa. Cons. Stat. - Pennsylvania Consolidated Statutes Pa. Cons. Stat. Ann. Pennsylvania Consolidated Statutes Annotated Pa. Corp. Pennsylvania Corporation Reporter Pac. 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Bill & N. -Parsons, A Treatise on the Law of Promissory Notes and Bills of Exchange Pars. Cont. - Parsons, The Law of Contracts Pars. Mar. Ins. - Parsons, Treatise on the Law of Maritime Insurance and General Average Pars. Mar. Law - Parsons, Treatise on Maritime Law Pars. Mere. Law Parsons, Elements ofMercantile Law Pars. Shipp. & Adm. Parsons, A Treatise on the Law ofShipping and the Law and Practice of Admiralty Pa. Stat. Ann. Pennsylvania Statutes Annotated Pa. Super. Pennsylvania Superior Court Reports Pat. L. Ann. - Patent Law Annual Pat. 1. Devs. - Patent Law Developments Pat. Procur. & Exploitation - Patent Procurement and Exploitation Pat. Off. Gaz. - Patent Office Gazette Pat. Off. Rep. - Patent Office Reports Pat. Trademark & Copyright J. (BNA) Patent Trademark and Copyright Journal PBGC - Pension Benefit Guaranty Corporation P.e. Penal Code P.e.I.J. - Permanent Court ofInternational Justice Reports of Judgments, Advisory Opinions, and Orders Peck - Peck (Tenn.) 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Eq. -Phillip's Equity Reports (N.c.) Phil. Ev. -Phillips, A Treatise on the Law ofEvidence Phil. Ins. -Phillips, A Treatise on the Law of Insurance Philippine - Philippine Reports Philippine 1.J. Philippine Law Journal Phil. Law - Phillip's Law Reports (N.C.) Phillimore, Int. Law - Commentaries Upon International Law Phillip E. Heckerling Inst. on Est. Plan. - Phillip E. HeckerlingInstitute on Estate Planning (u.Miami) Phil. Pat. - Phillips, The Law of Patents ofInventions Including the Remedies and Legal Proceedings in Relation to Patent Rights PHS. - Public Health Service Pick. - Pickering (Mass.) Pierce L. Rev. - Pierce Law Review Pierce, R.R. - American Railroad Law Pin. - Pinney (Wis.) Ping. Chat. Mortg. - Pingrey,A Treatise on the Law of ChattelMortgages Pitm. Prin. & Sur. -Pitman,A Treatise on the Law of Principal and Surety Pitt. L.J. - Pittsburgh Legal Journal Pittsb. R. - Pittsburgh Reports, Pa. Pitts. Leg. J. - Pittsburgh LegalJournal, Pa. Pitts. Leg. J., N.S. - Pittsburgh LegalJournal, New Series, Pa. Phelps, Juridical Equity - Elements ofJuridical Equity P.L. - Public Law PI. - Pleading Platt, Cov. -A Practical Treatise on the Law of Covenants Platt, Leases - A Treatise on the Law of Leases, with Forms and Precedents PLI. - Practicing LawInstitute P.L.J. - 1. Pacific LawJournal. 2. Pittsburgh Legal Journal, Pa. P.L.R. - Private Letter Rulings (IRS) Poe, PI. - Pleading and Practice in Courts of Common Law Pollock, Contracts - Principles of Contract,A Treatise on the General Principles Concerning the Validity ofAgreements in the Law of England Pollock, Torts - The Law of Torts,A Treatise on the Principles of ObligationsArising from CivilWrongs in the Common Law Porn. Const. Law - Pomeroy,Introduction to the Constitutional Law of the United States Porn. Eq. Jur. - Pomeroy,A Treatise on Equity Jurisprudence, asAdministered in the United States Pomeroy, Code Rem. - Code Remedies: Remedies and Remedial Rights by the CivilAction Pomeroy, Int. Law - Lectures onInternational Law in Time of Peace Pomeroy, Rem. - Remedies and Remedial Rights by the CivilActionAccording to the Reformed American Procedure Porn. Spec. Perf. - Pomeroy, Treatise on the Specific Performance of Contracts Poore, Const. - Poore, Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States Poore's Charters and Constitutions - Poore, Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States Pope, Lunacy -A Treatise on the Law and Practice of Lunacy Port. - Porter (Ala.) Portia L.J. - Portia LawJournal Port. Ins. - Porter, Laws ofInsurance: Fire, Life, Accident and Guarantee... Portland U. L. Rev. - Portland University Law Review Pothier, Obligations - A Treatise on the Law of Obligations, or Contracts Potomac L. Rev. - Potomac Law Review Pow. Cont. - Powell, Essay on the Law of Contracts andAgreements Pow. Mortg. - Powell,A Treatise on the Law of Mortgages Prac. Act - PracticeAct Prac. Law. - Practical Lawyer Prac. Litigator - Practical Litigator Prac. Real Est. Law. - The Practical Real Estate Lawyer (ABA) Prac. Tax Law. - The Practical Tax Lawyer (ABA) P.R. Dec. - Decisiones de Puerto Rico Prest. Conv. - Preston,A Treatise on Conveyancing Prest. Est. - Preston,An Elementary Treatise on Estates Preventive L. Rep. - Preventive Law Reporter Preview U.S. Sup. Ct. Cas. - Preview of United States Supreme Court Cases Priv. Ur. Rul. - Private Letter Ruling (IRS) P.R. Laws - Laws of Puerto Rico P.R. Laws Ann. - Laws of Puerto Rico Annotated Prob. - 1. Probate. 2. Probation. Prob. & Prop. - Probate & Property (ABA) Prob. Law. - Probate Lawyer Prob. L.J. - Probate LawJournal Proc. N.Y.U. Nat'l Conf. on Lab. - Proceedings of the New York University National Conference on Labor Procurement Law - Procurement Lawyer Prod. Liab. L.J. - Products Liability LawJournal Prod. Liab. Rep. (CCH) - 1. Products Liability Reporter. 2. Products Liability Reports. Prod. Safety & Liab. Rep. (BNA) - Product Safety and Liability Reporter Prof. Law. - The Professional Lawyer (ABA) P.R. Offic. Trans. - Official Translations of the Opinions of the Supreme Court of Puerto Rico Prop. Treas. Reg. - Proposed Treasury Regulation Prosecutor: J. Nat'l District Atty's Ass'n Prosecutor: Journal of the National District Attorneys Association Prospectus Prospectus: A Journal of Law Reform Provo Rep. (CCH) Provincial Reporter P.R.R. - Puerto Rico Supreme Court Reports P.R.Sent. Sentencias del Tribunal Supremo de Puerto Rico P.S. 1. Pennsylvania Statutes. 2. Pennsylvania Unconsolidated Statutes Annotated. PSAA Public Sector Arbitration Awards Psychol. Pub. pory & 1. - Psychology, Public Policy & Law PTO - Patent and Trademark Office Pub. Acts Public Acts Pub. Admin. Rev. Public Administration Review Pub. Ad. Rev. Public Administrative Review Pub. Cont. 1.J. - Public Contract Law Journal (ABA) Pub. Cont. Newsl. - Public Contract Newsletter (ABA) Pub. Ent. Advert. & Allied Fields 1.Q. Publishing, Entertainment, Advertising & Allied Fields Law Quarterly Pub. Gen. Laws - Public General Laws Pub. Int. L. Rev. Public Interest Law Review Pub. 1. Public Law Pub. Land & Resources 1. Rev. - Public Land & Resources Law Review Pub. Land L. Rev. - Public Land Law Review Pub. Lands Dec. Decisions of the Dept. ofInterior and General Land Office in Cases Relating to Public Lands Pub. Laws Public Laws Pub. 1. F. - Public Law Forum Pub. 1. Forum - Public Law Forum Pub. 1. No. Public Law Number Pub. Util. Fort. Public Utilities Fortnightly Pub. UtiI. Rep. (PUR) - Public Utilities Reports PUD Planned Unit Development Puerto Rico. Puerto Rico Reports Puget Sound 1. Rev. - Puget Sound Law Review PUR Public Utilities Reports PWA Public Works Administration PWBA Pension and Welfare Benefits Administration Q Q.B. - Queen's Bench (Eng.) Q.B. Div. Queen's Bench Division (Eng.) QLR QLR (Quinnipiac Law Review) Queen's L.J. - Queen's Law Journal Quinnipiac Health L.J. - Quinnipiac Health Law Journal Quinnipiac 1. Rev. - Quinnipiac Law Review Quinnipiac Prob. 1.J. - Quinnipiac Probate Law Journal R Race & Ethnic Ancestry 1. Dig. - Race & Ethnic Ancestry Law Digest Rad. Reg. (P & F) - Radio Regulation Rad. Reg. 2d (P & F) - Radio Regulation, Second Series Rand. - Randolph (Va.) Rap. Lar. - Rapalje, A Treatise on the Law of Larceny and Kindred Offenses Rap. Wit. Rapalje, A Treatise on the Law of Witnesses Rawle Rawle (Pa.) Rawle, Const. U.S. A View of the Constitution of the United States of America Rawle, Cov. A Practical Treatise on the Law of Covenants for Title Ray, Med. Jur. A Treatise on the Medical Jurisprudence of Insanity R.C. - Revised Code R.C.1. - Ruling Case Law R.C.M. Revised Code of Montana RCWA. Revised Code of Washington Annotated Real Est. Fin. 1.J. Real Estate Finance Law Journal Real Est. 1.J. Real Estate Law Journal Real Est. 1. Rep. - Real Estate Law Report Real Est. Rev. Real Estate Review Real Est. Tax'n Real Estate Taxation Real Prop. Prob. & Tr. J. - Real Property, Probate & Trust Journal (ABA) Rec. Ass'n Bar City of N.Y. - Record of the Association of the Bar of the City of New York Record Record, Association of the Bar of the City of New York Redf. Carr. - L Redfield, The Law of Carriers of Goods and Passengers Reeve, Law of Baron and Femme — The Law of Baron and Femme, of Parent and Child, of Guardian and Ward, of Master and Servant, and the Powers of the Courts of Chancery Reeve on Descents - A Treatise on the Law of Descents in the Several United States of America Reeves, Hist. Com. Law (Fint. cd.) Reeves' Historv. of the English Law (Finlason edition) Regent U. L.Rev. - Regent University Law Review REIT Real Estate Investment Trust rem'g - remanding Remington, Bankr. - A Treatise on the Bankruptcy Law of the United States Rep. Atty. Gen. - Attorneys General's Reports Rep. Pat. Des. & Tr. Cas. Reports of Patents Designs and Trademark Cases Repub. Tex. Laws - Laws of the Republic of Texas Research in L. & Econ. Research in Law and Economics: A Research Annual Res Gestae - Res Gestae (Ind. State Bar Assoc.) RESPA - Real Estate Settlement Procedures Rev. Civ. Code. - Revised Civil Code Rev. Civ. St. - Revised Civil Statutes Rev. Code - Revised Code Rev.Code Civ. Proc. - Revised Code Civil Procedure Rev. Code Cr. Proc. - Revised Code of Criminal Procedure Rev. Cr. Code. - Revised Criminal Code rev'd - reversed Rev. Der. P.R. - Revista de Derecho Puertorriqueno Rev. Int'l Bus. L. - Review of International Business Law Rev. Int'} Comm. Jur. - Review of the International Commission ofJurists Rev. Jur. U.I.P.R. - RevistaJuridica de la Universidad Interamericana de Puerto Rico Rev. Jur. U.P.R. - RevistaJuridica Universidad de Puerto Rico Rev. Laws - Revised Laws Rev. Litig. - Review of Litigation Rev. Mun. Code - Revised Municipal Code Rev. Ord. - Revised Ordinances Rev. Pen. Code - Revised Penal Code Rev. Pol. Code - Revised Political Code Rev. Proc. - Revenue Procedure Rev. Rut. - Revenue Ruling Rev. St. - Revised Statutes Rev. Stat. - Revised Statutes R.I. - Rhode Island Reports RIA - Research Institute of America RIAA - Reports ofInternational Arbitration Awards (UN) R.I. Acts & Resolves - Acts and Resolves of Rhode Island and Providence Plantations R.I. B.J. - Rhode Island BarJournal Rice — Rice (S.C.) Rice Eq. - Rice's Equity Reports (S.c.) Rich. - Richardson (S.c.) Rich. Cas. - Richardson's Cases (S.C.) Rich. Eq. - Richardson's Equity Reports (S.c.) Rich. J. Global L. & Bus. - RichmondJournal of Global Law and Business Rich. J.L. & Pub. Int. RichmondJournal of Law and the Public Interest Rich. J.L. & Tech. - RichmondJournal of Law & Technology R.I. Code R. - Code of Rhode Island Rules R.I. Gen. Laws - General Laws of Rhode Island R.I. Gov't Reg. - Rhode Island Government Register RH. - Riley (S.C.) RH. Eq. - Riley's Chancery Reports (S.c.) R.I. Pub. Laws Public Laws of Rhode Island and Providence Plantations RISK - RISK: Health, Safety & Environment Risk: Health Safety & Env't. Risk: Health, Safety & Environment R.L. - Revised Laws RMMLF - Rocky Mountain Mineral Law Foundation Rob. - 1. Robinson (La.). 2. Robinson (Va.). Robards - Synopses of the Decisions of the Supreme Court of Texas Arising from Restraints by Conscript & Other Military Authorities Roberts on Frauds -A Treatise on the Statute of Frauds Robinson, Patents The Law of Patents for Useful Inventions Rob. Pat. - Robinson, The Law of Patents for Useful Inventions Rocky Mtn. L. Rev. - Rocky Mountain Law Reviewl University of Colorado Rocky Mtn. Min. L. Inst. Rocky Mountain Mineral Law Institute Roger Williams U. L. Rev. - Roger Williams University Law Review Root - Root (Conn.) Roper, Husb. & Wife - A Treatise on the Law of Property Arising from the Relation of Husband and Wife Rose Notes - Rose's Notes on the United States Supreme Court Reports RRB. - Railroad Retirement Board R.S. - Revised Statutes R.S.N. - Revised Statutes of Nebraska RTC. Resolution Trust Corporation Russ. Fac. - Russell, A Treatise on the Laws Relating to Factors and Brokers Russ. Merc. Ag. - Russell, A Treatise on Mercantile Agency Rut.-Cam. L.J. - Rutgers-Camden LawJournal Rutgers Computer & Tech. L.J. - Rutgers Computer and Technology LawJournal Rutgers J. Computers & L. - RutgersJournal of Computers and the Law Rutgers J. Computer Tech. & L. - RutgersJournal of Computers, Technology and the Law Rutgers J. Computers Tech & L. — Rutgers Journal of Computers, Technology and theLaw Rutgers L.J. - RutgersLawJournal Rutgers L. Rev. RutgersLaw Review Rutgers Race & L. Rev. - Rutgers Race and theLaw Review Rutgers U. L. Rev. - Rutgers UniversityLaw Review s Sadler - Sadler (Pa.) SALT - Strategic ArmsLimitation Talks Samoan Pac. L.J. - Samoan PacificLawJournal Sandars, Just. Inst. - The Institutes ofJustinian: with English Introduction, Translation, and Notes Sand. Ch. - Sandford's Chancery Reports (N.Y.) Sanders, Uses - An Essay on Uses and Trusts San Diego Int'l L.J. San Diego InternationalLaw Journal San Diego Just. J. -San DiegoJustice Journal San Diego L. Rev. - San DiegoLaw Review S & L Savings andLoan Association San Fern. V.L. Rev. - San Fernando ValleyLaw Review San Fran. Atty. - San Francisco Attorney San Joaquin Agric. L. Rev. - SanJoaquin AgriculturalLaw Review Santa Clara Compo & High Tech. L.J. - Santa Clara Computer & High TechnologyLawJournal Santa Clara Computer & High Tech. L.J. Santa Clara Computer & High TechnologyLawJournal Santa Clara Law. - Santa ClaraLawyer Santa Clara L. Rev. -Santa ClaraLaw Review Sara. Ch. Sent. — Saratoga Chancery Sentinel (N.Y.) Sask. L. Rev. SaskatchewanLaw Review Saund. War. -Saunders, A Treatise on theLaw of Warranties and Representations Upon the Sale of Personal Chattels SBA - Small Business Administration S. Bar. J. -Journal of the State Bar of California SBIC Small Business Investment Companies S.C. South Carolina Reports S.C. Acts - Acts andJOint Resolutions, South Carolina S. Cal. Interdisc. L.J. Southern California InterdisciplinaryLawJournal S. Cal. L. Rev. - Southern CaliforniaLaw Review S. Cal. Rev. L. & Women's Stud. -Southern California Review ofLaw and Women's Studies Scam. Scammon (Ill.) S.c. Code Ann. - Code ofLaws of South Carolina 1976 Annotated S.C. Code Ann. Regs. Code ofLaws of South Carolina 1976 Annotated, Code of Regulations S.C. Envtl. L.J. - South Carolina EnvironmentalLaw Journal S.C. Eq. - South Carolina Equity Reports Sch. L. Bull. - SchoolLaw Bulletin Scholar The Scholar: S1. Marv' 'sLaw Review on Minority Issues School L. Bull. - SchoolLaw Bulletin School L. Rep. -SchoolLaw Reporter (National Organization onLegal Problems in Education) Schouler, BaHm. - TheLaw of Bailments, Including Pledge, Innkeepers and Carriers Schouler, Dom. Ret. Law of Domestic Relations Schouler, Pers. Prop. - A Treatise on theLaw of Personal Property Schouler, U.S. Hist. - History of the United States of America Under the Constitution Schouler, Wills Law of Wills, Executors and Administrators Sci. Am. Scientific American S.C. L. - South CarolinaLaw Reports S.c. Law. - South CarolinaLawyer S.C. L.Q. - South CarolinaLaw Quarterly S.c.L. Rev. - South CaliforniaLaw Review SCOR - Security Council Official Record (U.N.) Scots L. T. - ScotsLaw Times Scots L. Times - ScotsLaw Times S.C. Reg. — South Carolina State Register Scribes J. teg. Writing ScribesJournal ofLegal Writing S. Ct. U.S. Supreme Court Reporter S. Ct. Bull. (CCH) Supreme Court Bulletin S. Ct. Hist. Soc'y Y.B. Supreme Court Historical Society Yearbook S. Ct. Rev. - Supreme Court Review S.D. South Dakota Reports S.D. Admin. R. Administrative Rules of South Dakota S.D. Adv. Legis. Servo - South Dakota Advance Legislative Service S. Dak. L. Rev. - South DakotaLaw Review S.D.C.L. - South Dakota CodifiedLaws S.D. Codified Laws - South Dakota CodifiedLaws S.D. Codified Laws Ann. South Dakota Codified Laws Annotated S.D. Laws -Laws of South Dakota S.D. L. Rev. South DakotaLaw Review S.D. Reg. South Dakota Register S.E. - South Eastern Reporter S.E.2d. South Eastern Reporter, Second Series Search & Seizure Bull. (Quinlan) - Search and Seizure Bulletin SEATO Southeast Asia Treaty Organization Seattle J. Soc. Just. - SeattleJournal for SocialJustice Seattle U. L. Rev. - Seattle University Law Review S.E.C. - I. Securities and Exchange Commission. 2. Securities and Exchange Commission Decisions and Reports. SEC Accounting R. (CCH) SEC Accounting Rules Sec. & Fed. Corp. L. Rep. (CBC) Securities & Federal Corporate Law Report SEC Compl. (P-H) - Securities and Exchange Commission Compliance SEC Docket - Securities and Exchange Commission Docket Sec. Int'I & Compo L. Bull. Section ofInternational and Comparative Law Bulletin (ABA) Sec. L. Rev. - Securities Law Review Sec. Reg. & L.Rep. (BNA) Securities Regulation and Law Report Sec. Reg. Guide (P-H) Securities Regulation Guide Sec. Reg. L.J. - Securities Regulation LawJournal Secured Transactions Guide (CCH) - Secured Transactions Guide Sedg. & W. Tr.Title Land - Sedgwick & Wait, A Treatise on the Trial of Title to Law Sedg. Dam. - Sedgwick, A Treatise on the Measure of Damages Seld. Soc. - Selden Society Sergo & Rawle - Sergeant & Rawle (Pa.) Sess. Acts. - Session Acts Sess. Laws. - Session Laws Seton, Decrees - Forms of Decrees,Judgments, and Order Seton Hall Const. L.J. - Seton Hall Constitutional LawJournal Seton Hall J. Sport L. - Seton HallJournal of Sport Law Seton Hall L. J. - Seton Hall LawJournal Seton Hall 1. Rev. - Seton Hall Law Review Seton Hall Leg. J. - Seton Hall LegislativeJournal Seton Hall Legis. J. Seton Hall LegislativeJournal S.F.L.R. - San Francisco Law Review S.H.A. - Smith-HurdIllinois Annotated Statutes Shearman and Redfield on Negligence - A Treatise on the Law of Negligence Shear. R. Prop. - Shearwood, A Concise Abridgment of the Law of Real Property and anIntroduction to Conveyancing Sheld. Subr. - Sheldon, The Law of Subrogation Shelf. Lun. - Shelford, A Practical Treatise on the Law Concerning Lunacy,Idiots, and Persons of Unsound Mind Shelford, Mar. & Div. - A Practical Treatise on the Law of Marriage and Divorce Shelford on Marriage - A Practical Treatise on the Law of Marriage and Divorce Shipping Reg. (P & F) - Shipping Regulation S.1. StatutoryInstrument S. Ill. U. L.J. SouthernIllinois University Law Journal S.J.D. ScientiaeJuridicae Doctor (Doctor ofJuridical Science) S. L.Q. Southern Law Quarterly Smith-Hurd Ann. St. Smith-HurdIllinois Annotated Statutes Smith, Merc. Law John W. Smith, A Compendium of Mercantile Law Smith on Negligence - H. Smith, A Treatise on the Law of Negligence Smith's Master and Servant - C. Smith, A Treatise on the Law of Master and ServantIncluding Therein Masters and Workmen, in Every Description of Trade or Occupation: With an Appendix of Statutes SMU L. Rev. Southern Methodist University Law Review Sneed I. Sneed (Ky.). 2. Sneed (Tenn.). Snyder, Mines & Mining Mines and Mining: A Commentary on the Law of Mines and Mining Rights So. - Southern Reporter So.2d. Southern Reporter, Second Series So. Cal. 1. Rev. Southern California Law Review So. Car. L.J. Southern Carolina LawJournal, Columbia So. Car. L. Rev. - South Carolina Law Review Soc. Resp.: Bus., Journalism, L. Med. - Social Responsibility, Business, Journalism, Law, Medicine Soc. Resp.: Journalism, L. Med. - Social Responsibility,Journalism, Law, Medicine Soc. Sec. Bull. - Social Security Bulletin Soc. Sec. Rep. Ser. Social Security Reporting Service (West) Soc. Servo Rev. Social Service Review So. Dak. L. Rev. South Dakota Law Review Software L.J. Software Law Journal So. Ill. L.J. - SouthernIllinois University Law Journal Solar 1. Rep. - Solar Law Reporter Sol.J. - 1. Solicitors'Journal. 2. Solicitors'Journal & Reporter. Solicitor's J. Solicitor'sJournal Sol. Op. - Solicitors Opinion SO. L.Q. - Southern Law Quarterly So. U. L. Rev. Southern University Law Review (La.) South Texas L. Rev. - South Texas Law Review Southwestern L. Rev. - Southwestern University Law Review (Calif.) Space pory - Space Policy Sp. Acts. - Special Acts Speers — Speers (S.C.) Speers Eq. - Speers' Equity Reports (S.c.) Spence, Eq. Jur. The Equitable Jurisdiction of the Court of Chancery Sp. Laws. Special Laws Sports Law. J. Sports Lawyers Journal Sp. Sess. Special Session SSA - Social Security Administration SSI - Supplementary SecurityIncome Program S.S.R. - Social Security Ruling SSS — Selective Service System Stand. Fed. Tax Rep. (CCH) — 1. Standard Federal Tax Reporter. 2. Standard Federal Tax Reports. Stan. EnvtI. L. Ann. - Stanford Environmental Law Annual Stan. Envt!. L.J. - Stanford Environmental Law Journal Stan. J. InCI L. - Stanford Journal ofInternational Law Stan. J. Int'l Stud. - Stanford Journal ofInternational Studies Stan. J. L. Bus. & Fin. - Stanford Journal of Law, Business & Finance Stan. L. & Pol'y Rev. Stanford Law & Policy Review Stan. Law. - Stanford Lawyer Stan. L. Rev. - Stanford Law Review Starkie, Ev. - A Practical Treatise on the Law of Evidence Starkie, Sland. & L. - A Treatise on the Law of Slander, Libel, Scandalum Magnatum, and False Rumours Stat. — United States Statutes at Large Stat. At L. — United States Statutes at Large State Court}. State Court Journal State Loc. & Urb. L. Newsl. State, Local and Urban Law Newsletter (ABA) State Rptr. State Reporter (Mont.) State Tax Cas. Rep. (CCH) - State Tax Cases Reporter State Tax Guide (CCH) State Tax Guide State Tax Rev. (CCH) State Tax Review St. B. Tex. EnvtI. L.J. - State Bar of Texas Environmental Law Journal Stearns, Real Act. - A Summary of the Law and Practice of Real Actions Stephen, Hist. Crim. Law - J. F. Stephen, A History of the Criminal Law of England Stephen, Pleading (Tyler's ed.) A Treatise on the Principles of Pleading in Civil Actions (Tyler's ed.) Steph. PI. (Tyler's ed.) - A Treatise on the Principles of Pleading in Civil Actions (Tyler's ed.) Stetson L.F. — Stetson Law Forum Stetson L. Rev. Stetson Law Review Stew. Stewart (Ala.) Stew. & P. - Stewart & Porter (Ala.) S. Tex. L. J. - South Texas Law Journal S. Tex. L. Rev. - South Texas Law Review St. John's J. Legal Comment. - St. John's Journal of Legal Commentary St. John's L. Rev. - St. John's Law Review St. Louis L. Rev. - St. Louis Law Review St. Louis u. L.J. - St. Louis University Law Journal St. Louis U. Pub. L. Rev. Saint Louis University Public Law Review St. Louis-Warsaw Transatlantic L.J. - Saint Louis-Warsaw Transatlantic Law Journal St. Mary's L.J. - St. Mary's Law Journal Story, Agency Commentaries on the Law of Agency as a Branch of Commercial and Maritime Jurisprudence Story, Bailments Commentaries on the Law of Bailments ... Story, Bills Commentaries on the Law of Bills of Exchange, Foreign andInland as Administered in England and America Story, Comm. Const. - Commentaries on the Constitution of the United States Story, Confl.. Laws - Commentaries on the Conflict of Laws, Foreign and Domestic Story, Constitution Commentaries on the Constitution of the United States Story, Cont. - W. Story, Treatise on the Law of Contracts Story, Eq. Jur. - Commentaries on Equity Jurisprudence, as Administered in England and America Story, Eq. PI. Commentaries on Equity Pleadings, and theIncidents Thereof... Story, Partn. Commentaries on the Law of Partnership Story, Prom. Notes Commentaries on the Law of Promissory Notes, and Guaranties of Notes, and Checks on Banks and Bankers Story, Sales - W. Story, Treatise on the Law of Sale of Personal Property St. Rep. State Reporter Strob. - Strobhart (S.C) Strob. Eq. Strobhart's Equity Reports (S.C.) St. Tax Rep. (CCH) State Tax Reports St. Thomas L.F. - St. Thomas Law Forum/St. Thomas University School of Law St. Thomas L. Rev. - Saint Thomas Law Review Stubbs, Charters - Select Charters and Other Illustrations of English Constitutional History from the Earliest Times to the Reign of Edward the First Stubbs, Const. Hist. Eng. - Constitutional History of England in its Origins and Development Student Law. - Student Lawyer Stud. L. & Ecou. Dev. Studies in Law and Economic Development Stud. L. Pol. & Soc'y - Studies in Law, Politics & Society SuDoc - Superintendent of Documents Suffolk J. Trial & App. Advoc. - Suffolk Journal of Trial & Appellate Advocacy Suffolk Transnat'l L.J. - Suffolk Transnational Law Journal Suffolk Transnat’l L. Rev. — Suffolk Transnational Law Review Suffolk U. L. Rev. - Suffolk University Law Review Sugden, Powers - A Practical Treatise of Powers Sullivan, Land Titles - The History of Land Titles in Massachusetts S.U. L. Rev. Southern University Law Review (La.) Summers, Oil & Gas -Treatise on the Law of Oil and Gas Sup. Ct. Econ. Rev. - Supreme Court Economic Review Sup. Ct. Hist. Soc'y Y.B. - Supreme Court Society Yearbook Sup. Ct. Rev. - Supreme Court Review Supp. Code. - Supplement to Code Supp. Gen. St. - Supplement to the General Statutes Supp. Rev. Supplement to the Revision Supp. Rev. Code. - Supplement to the Revised Code Supp. Rev. St. - Supplement to the Revised Statutes S.W. South Western Reporter S.W.2d. South Western Reporter, Second Series S.W.3d South Western Reporter, Third Series Swan Swan (Tenn.) SW. J. L. & Trade Am. - Southwestern Journal of Law & Trade in the Americas SW. L.J. Southwestern Law Journal S.W.L.J. - Southwestern Law Journal Sw. Legal Found. Inst. On Oil & Gas L. & Tax. - Southwestern Legal Foundation Institution on Oil and Gas Law and Taxation S.W.R. South Western Reporter S.W. Rep. - South Western Reporter Sw. U. L. Rev. - Southwestern University Law Review Sydney L. Rev. - Sydney Law Review Symp. Priv. Invest. Abroad - Symposium, Private Investment Abroad Syracuse J. Int'l L. & Com. -Syracuse Journal of International Law and Commerce Syracuse J. Legis. & Pol'y - Syracuse Journal of Legislation & Policy Syracuse L. Rev. - Syracuse Law Review T T. - Texas Reports TAC Texas Administrative Code T.A.M. Technical Advice Memorandum (IRS) Tax Adviser Tax Adviser Tax Ct. Mem. Dec. (CCH) - Tax Court Memorandum Decisions Tax Ct. Rep. (CCH) - Tax Court Reports Tax Ct. Rep. Dec. (RIA) - Tax Court Reported Decisions Taxes Taxes-The Tax MagaZine Tax-Exempt Org. (RIA) - Tax-Exempt Organizations Tax Law. Tax Lawyer TaxL. Rev. Tax Law Review Tax Mgmt. Compensation Plan. J. - Tax Management Compensation Planning Journal Tax Mgmt. Est., Gifts & Trusts J. - Tax Management Estates, Gifts & Trusts Journal Tax Mgmt. Fin. Plan. J. - Tax Management Financial Planning Journal Tax Mgmt. Int'l J. - Tax Management International Journal Tax Mgmt. Memo. - Tax Management Memorandum Tax Mgmt. Real Est. J. -Tax Management Real Estate Journal Tax'n for Acct. Taxation for Accountants Tax Notes Tax Notes Tax Notes Int') Tax Notes International Tax Treaties (CCH) Tax Treaties Tay. - Taylor (N .c. ) Tayl. Ev. A Treatise on the Law of Evidence as Administered in England and Ireland Taylor -Taylor's North Carolina Term Reports T.B.M. Advisory Tax Board Memorandum T.B. Mon. T.B. Monroe (Ky.) T.e. Reports of the United States Tax Court T.C.A. Tennessee Code Annotated T.C.M. (CCH) Tax Court Memorandum Decisions T.C.M. (P-H) Tax Court Memorandum Decisions T.C.M. (RIA) Tax Court Memorandum Decisions TeOR - Trusteeship Council Official Record (U.N.) T.D. - Treasury Department Decision TDBOR Trade and Development Board Official Record (U.K) TDC - Treasury Department Circular TDO Treasury Department Order Tech. Ad. Mem. Technical Advice Memorandum Tech. Mem. Technical Memorandum Teiss. -Teisser's Orleans Court of Appeals (La.) Temp. Envtl. L. & Tech. J. Temple Environmental Law & Technology Journal Temp. Int'l & Compo L.J. Temple International and Comparative Law Journal Temp. L.Q. Temple Law Quarterly Temp. L. Rev. - Temple Law Review Temp. Pol. & Civ. Rts. L. Rev. - Temple Political & Civil Rights Law Review Temp. Treas. Reg. - Temporary Treasury Regulation Temp. U. L.Q. - Temple University Law Quarterly Tenn. - Tennessee Reports Tenn. Admin. Reg. - Tennessee Administrative Register Tenn. App. - Tennessee Appeals Tenn. B.}. - Tennessee Bar Journal Tenn. Cas. Shannon's Tennessee Cases Tenn. Ch. Tennessee Chancery Tenn. Ch.A. Tennessee Chancery Appeals Tenn. Civ. A. - Tennessee Civil Appeals Tenn. Code Ann. Tennessee Code Annotated Tenn. Compo R. & Regs. Official Compilation of Rules & Regulations of the State ofTennessee Tenn. Crim. App. - Tennessee Criminal Appeals Reports Tenn. J. Prac. & Proc. Tennessee Journal ofPractice and Procedure Tenn. Leg. Rep. Tennessee Legal Reporter, Nashville, Tenn Tenn. L. Rev. Tennessee Law Review Tenn. Priv. Acts - Private Acts ofthe State of Tennessee Tenn. Pnb. Acts Public Acts ofthe State of Tennessee Ter. Laws. Territorial Laws Terr. Sea J. - Territorial Sea Journal Tex. Texas Reports Tex. Admin. Code - Texas Administrative Code Tex. App. - Texas Appeals Reports Tex. R.J. Texas Bar Journal Tex. Civ. App. - Texas Civil Appeals Reports Tex. Code Ann. - Texas Code Annotated Tex. Com. App. - Texas Commission ofAppeals Tex. Crim. — Texas Criminal Reports Tex. Ct. App.. Texas Court ofAppeals Reports Tex. F. on Civ. Lib. & Civ. Rts. -Texas Forum on Civil Liberties & Civil Rights Tex. F. on C.L. & C.R. - Texas Forum on Civil Liberties & Civil Rights Tex. Gen. Laws -General and Special Laws of the State ofTexas Tex. Hisp. J.L. & Pol'y Texas Hispanic Journal of Law and Policy Tex. lntell. Prop. L.J. - Texas Intellectual Property Law Journal Tex. Int'l L.F. Texas International Law Forum Tex. Int'l L.J. - Texas International Law Journal Tex. J. Bus. L. - Texas Journal ofBusiness Law Tex. Jur. Texas Jurisprudence Tex. Jur. 2d Texas Jurisprudence 2d Tex. Jur. 3d Texas Jurisprudence 3d Tex. J. Women & L. - Texas Journal of Women & the Law Tex. L. & Legis. - Texas Law and Legislation Tex. L.J. - Texas Law Journal Tex. L. Rev. Texas Law Review Tex. Reg. - Texas Register Tex. Rev. Civ. Stat. Ann. - Texas Revised Civil Statutes Annotated Tex. Rev. Ent. & Sports L. Texas Review of Entertainment and Sports Law Tex. Rev. L. & Pol. Texas Review ofLaw & Politics Tex. Sess. Law Servo Texas Session Law Service Tex. So. U. L. Rev. - Texas Southern University Law Review Tex. Tech J. Tex. Admin. L. - Texas Tech Journal of Texas Administrative Law Tex. Tech L. Rev. - Texas Tech Law Review Tex. Wesleyan L. Rev. - Texas Wesleyan Law Review Third World Legal Stud. - Third World Legal Studies Thomas Jefferson L. Rev. Thomas Jefferson Law Review Thomas M. Cooley L. Rev. Thomas M. Cooley Law Review Thomas, Mortg. - A Treatise on the Law of Mortgages of Real and Personal Property in the State ofNew York Thomas, Negl. E. Thomas, The Law ofNegligence Thompson, Negligence The Law ofNegligence in Relations Not Resting in Contract Illustrated by Leading Cases and Notes Thomp. Trials - lhompson, A Treatise on the Law of Trials in Actions Civil and Criminal Thur. Marshall L.J. - Thurgood Marshall Law Journal T.LA.S. United States Treaties and Other Agreements Series Tidd, Prac. - The Practice ofthe Courts of King's Bench and Common Pleas in Personal Actions and Ejectment Tiedeman, Real Prop. — An Elementary Treatise on the American Law of Real Property Tied. Lim. Police Power Tiedeman, A Treatise on the Limitations ofPolice Power in the United States Tied. Mun. Corp. - Tiedeman, A Treatise on the Law ofMunicipal Corporations in the United States T.I.F. Treaties in Force Tiffany, LandI. & Ten. The Law ofLandlord and Tenant Tiffany, Real Prop. -A Treatise on the Modern Law of Real Property and Other Interests in Law T.I.R. - Technical Information Release T. Jefferson L. Rev. -Thomas Jefferson Law Review T.M. Technical Memorandum (IRS) T. Marshall L.J. - Thurgood Marshall Law Journal T. Marshall L. Rev. -Thurgood Marshall Law Review T.M. Cooley J. Prac. & Clinical L. — Thomas M. Cooley Journal of Practical & Clinical Law T.M. Cooley J. Prac. & Clin. L. ' Ihomas M. Cooley Journal of Practical & Clinical Law T.M. Cooley L. Rev. -Thomas M. Cooley Law Review T.M.E.P. - Trademark Manual of Examining Procedure T.M.R. TradeMark Reports Tol. J. GreatLakes' L. Sci. & pory -Toledo Journal of Great Lakes' Law, Science & Policy Tort & Ins. L.J. - Tort & Insurance Law Journal Tort Trial & Ins. Prac. L.J. Tort Trial & Insurance Practice Law Journal (ABA) Tonro Envtl. L.J. -Touro Environmental Law Journal Touro Infl L. Rev. -Touro International Law Review Tonro J. Transnat'l L. - Touro Journal of Transnational Law Touro L. Rev. -Touro Law Review Townshend, Slander &Libel A Treatise on the Wrongs Called Slander and Libel, and on the Remedy by Civil Action Tr. -Trial Trade Cas. (CCH) - Trade Cases Trademark Rep. - Trademark Reporter Trade Reg. Rep. (CCH) -Trade Regulation Reports Tr. & Est. -Trusts and Estates Transnat’lL. & Contemp. Probs. — Transnational Law & Contemporary Problems Transnat'l Law. - Transnational Lawyer Transp. L.J. Transportation Law Journal Transp. Prac. J. -Transportation Practitioners Journal Tread. Treadway (S.C) Treas. Dec. Treasury Decisions Treas. Dec. Int. Rev. - Treasury Decisions under Internal Revenue Laws Treas. Reg. - Treasury Regulation Trial — Trial (ATLA) Trial Advoc. Q. - Trial Advocate Quarterly Trial Law. Guide -Trial Lawyer's Guide Trial Law Q. Trial Lawyers Quarterly Troubat, Lim. Part. -The Law Commandatary and Limited Partnership in the United States Trusts & Est. - Trusts & Estates T.S. United States Treaty Series Tuck. & Cl. Tucker & Clephane (D.C) Tucker's Blackstone -Tucker, Notes on Blackstone's Commentaries for the Use of Students Tudor, Char. Trusts -The Law of Charitable Trusts with the Statutes, and the Orders, Regulations, and Instructions, Issued Pursuant Thereto Tudor, Lead. Cas. Real Prop. - A Selection ofLeading Cases on Real Property, Conveyancing, and the Construction of Wills and Deeds Tul. Civ. L.F. -Tulane Civil Law Forum Tul. Envtl. L.J. -Tulane Environmental Law Journal Tul. Eur. & Civ. L.F. -Tulane European & Civil Law Forum Tul. J. Int'l & Compo L. - Tulane Journal of International & Comparative Law Tul. J.L. & Sexuality - Tulane Journal of Law and Sexuality Tul. J. Tech. & Intell. Prop. -Tulane Journal of Technology and Intellectual Property Tul. L. Rev. Tulane Law Review Tnt. Mar. L.J. -Tulane Maritime Law Journal Tulsa J. Compo & Int'l L. - Tulsa Journal of Comparative & International Law Tulsa L.J. Tulsa Law Journal Tulsa L. Rev. Tulsa Law Review TVA - Tennessee Valley Authority Tyl. Tyler (Vt.) Tyler, Ej. R. Tyler, Remedy by Ejectment and the Law of Adverse Enjoyment in the United States Tyng - Tyng (Mass.) U UAGA Uniform Anatomical Gift Act U. Ark. Little Rock L.J. -University of Arkansas at Little Rock Law lournal U. Ark. Little Rock L. Rev. -University of Arkansas at Little Rock Law Review U. Balt. Intell. Prop. L.J. — University of Baltimore Intellectual Property Law Journal U. Bait. J. Envtl. L. - University of Baltimore Journal of Environmental Law U. Bait. L.F. University ofBaltimore Law Forum U. Bait. L. Rev. -University of Baltimore Law Review U. Bridgeport L. Rev. - University of Bridgeport Law Review U. Brit. Colum. L. Rev. -University of British Columbia Law Review U.CA. - Utah Code Annotated U.CC -Uniform Commercial Code U.C.C.J.A. — Uniform ChildCustody Jurisdiction Act U.C.C.L.J. Uniform Commercial Code Law Journal UCC Rep.-Dig. Uniform Commercial Code Reporter-Digest 1807 Table of Legal Abbreviations U.C.C. Rep. Servo (CBC) Uniform Commercial Code Reporting Service U.C. Davis J. Int'} L. & Po)'y U.c. Davis Journal of International Law & Policy U.C. Davis L. Rev. - University of California Davis Law Review U.C.D. L. Rev. UCD Law Review U. Chi. Legal F. -University of Chicago Legal Forum U. Chi. L. Rev. - University of Chicago Law Review U. Chi. L. Sch. Rec. University of Chicago Law School Record U. Chi. L. Sch. Roundtable University of Chicago Law School Roundtable U. Cin. L. Rev. - University of Cincinnati Law Review UCLA - University of California Los Angeles UCLA-Alaska L. Rev. - UCLA-Alaska Law Review UCLA Asian Pac. Am. L. J. - UCLA Asian Pacific American Law Journal UCLA Bull. L. & Tech. -UCLA Bulletin of Law and Technology UCLA Ent. L. Rev. — UCLA Entertainment Law Review UCLA J. Env tl. L. & pory -UCLA Journal of Environmental Law & Policy UCLA J. Int'l L. & Foreign Aff. - UCLA Journal of International Law & Foreign Affairs UCLA J. Islamic & Near E. L. UCLA Journal of Islamic and Near Eastern Law UCLA L. Rev. - UCLA Law Review UCLA Pac. Basin L.J. UCLA Pacific Basin Law Journal UCLA Women's L.J. - UCLA Women's Law Journal U.C.M.J. Uniform Code of Military Justice U. Colo. L. Rev. - University of Colorado Law Review U.C.R. - Uniform Crime Reports U. Dayton Intra. L. Rev. - University of Dayton Intramural Law Review U.Dayton L. Rev. University of Dayton Law Review UDC/DCSL 1. Rev. -University of the District of Columbia David Clarke School of Law Review U.D.C. L. Rev. - University of the District of Columbia Law Review U. Denv. Water L. Rev. University of Denver Water Law Review U. Det. J. Urb. L. University of Detroit Journal of Urban Law U. Det. L.J. - University of Detroit Law Journal U. Det. L. Rev. - University of Detroit Law Review U. Det. Mercy L. Rev. University of Detroit Mercy Law Review UDPAA Uniform Durable Power of Attorney Act U. Fla. J. L. & Pub. pory - University of Florida Journal of Law and Public Policy U. Fla. L. Rev. - University of Florida Law Review U. Haw. L. Rev. - University of Hawaii Law Review U. Ill. J. Tech. & Pol'y - University of Illinois Journal of Law, Technology and Policy U. Ill. L.F. University of Illinois Law Forum U. Ill. L. Rev. University of Illinois Law Review U. Kan. City L. Rev. -University of Kansas City Law Review U. Kan. 1. Rev. - University of Kansas Law Review U.L.A. - Uniform Laws Annotated U. Louisville J. Fam. L. University ofLouisville Journal of Family Law U.L.P.A. - Uniform Limited Partnership Act U. Maine 1. Rev. University of Maine Law Review U. Mem. L. Rev. University of Memphis Law Review U. Miami Bus. L.J. University of Miami Business Law Journal U. Miami Bus. L. Rev. University of Miami Business Law Review U. Miami Ent. & Sports L. Rev. - University of Miami Entertainment & Sports Law Review U. Miami Heckerling Inst. on Est. Plan. - University of Miami Phillip E. Heckerling Institute on Estate Planning U. Miami Inter-Am. L. Rev. University of Miami Inter-American Law Review U. Miami InCl & Compo L. Rev. - University of Miami International & Comparative Law Review U. Miami L. Rev. University of Miami Law Review U. Miami Y.B. Int'. L. University of \1iami Yearbook ofInternational Law U. Mich. J.L. Ref. - University of Michigan Journal of Law Reform U. Mich. J.L. Reform - University of Michigan Journal of Law Reform UMKC L. Rev. -University of Missouri-Kansas City Law Review U. Mo. B., Law Ser. University of Miss ouri Bulletin, Law Series U. Mo. Kan. City L. Rev. l Jniversity of Missouri at Kansas City Law Review Unauth. Prac. News - Unauthorized Practice News (ABA) U.N.B.L.J. University of New Brunswick Law Journal UNCITRAL - United Nations Commission on International Trade Law UNCTAD - United Nations Conference on Trade & Development UNDCP United Nations Drug Control Programme Underhill, Ev. - H. Underhill, A Treatise on the Law of Evidence Underh. Torts Underhill, Principles of the Law of Torts, or Wrongs Independent of Contracts UNDP — United Nations Development Programme Unempl. Ins. Rep. (CCH) Unemployment Insurance Reports UNEP -United Nations Environment Programme UNESCO United Nations Educational, Scientific and Cultural Organization U. New BrunswickL.J. University of New Brunswick Law Journal U. New South Wales L.J. University of New South Wales Law Journal u. New S. Wales L.J. - University of New South Wales Law Journal UNFPA United Nations Population Fund UNHCR Office of the United Nations High Commissioner for Refugees UNHSP - United Nations Human Settlements Programme UNICEF United Nations Children's Fund UNICRI - United Nations Interregional Crime and Justice ResearchInstitute UNIDIR - United NationsInstitute for Disarmament Research UNIDO - United Nations Industrial Development Organization UNIFEM United Nations Development Fund for Women Union Lab. Rep. (BNA) Union Labor Report UNITAR - UnitedNationsInstitute for Training and Research UN Monthly Chron. - UN Monthly Chronicle UNOPS United Nations Office for Project Services UNRISD - United Nations ResearchInstitute for Social Development UNRWA - United Nations Relief and Works Agency for Palestine Refugees in the Near East U.N.T.S. - United Nations Treaty Series UNU - United Nations University UNV - United Nations Volunteers UPA 1. Uniform Partnership Act. 2. University Press of America. U. Pa. J. Const. L. University of Pennsylvania Journal of Constitutional Law U. Pa. J. Int'l Bus. L. University of Pennsylvania Journal ofInternational Business Law U. Pa. J. Int'l Econ. L. - University of Pennsylvania Journal ofInternational Economic Law U. Pa. J. Lab. & Emp. L. University of Pennsylvania Journal of Labor and Employment Law U. Pa. L. Rev. - University of Pennsylvania Law Review U. Pa. L. Rev. & Am. L. Register - University of Pennsylvania Law Review and American Law Register UPC - Uniform Probate Code U. Pitt. L. Rev. -University of Pittsburgh Law Review UPU - Universal Postal Union U. Puget Sound L. Rev. - University of Puget Sound Law Review Urban L.J. -University of Detroit, Urban Law Journal Urb. L. Ann. - Urban Law Annual Urb. Law. - Urban Lawyer Urb. 1. Rev. Urban Law Review U. Rich. L. Notes University of Richmond Law Notes U. Rich. L. Rev. - University of Richmond Law Review U.S. - United States Supreme Court Reports U.S. A.F. Acad. J. Legal Stud. -CnitedStates Air Force Academy Journal of Legal Studies U. San Fernando Valley L Rev. University of San Fernando Valley Law Review U. San Fernando V. L. Rev. University of San Fernando Valley Law Review U.S. App. D.C. United States Court of Appeals Reports U.S. Aviation Rep. - Aviation Reports, C.S U.S.C. United States Code U.S.C.A. United States Code Annotated U.S. Cal. Sch. L. Tax Inst. - University of Southern California School of Law Tax Institute U.S.C.C.A.N. - United States Code Congressional and Administrative News U.S. Code Congo & Ad. News United States Code Congressional and Administrative News U.S.C.S. - United States Code Service USDA - United States Department of Agriculture U. Seattle L. Rev. University of Seattle Law Review USES UnitedStates Employment Service U.S.F. J.L. & Soc. Challenges - University of San Francisco Journal of Law and Social Challenges U.S.F. L. Rev. - University of San Francisco Law Review U.S.F. Mar. L.J. University of San Francisco Maritime Law Journal USIA - United StatesInformation Agency USIS United StatesInformation Service USI TC. United States International Trade Commission U.S. L.Ed. - Supreme Court Reports, Lawyers' Ed U.S.L.W. United States Law Week (BNA) U.S.-Mex. L.J. UnitedStates-Mexico Law Journal U.S. P.Q. (BNA) - United States Patent Quarterly USSB United States Shipping Board U.S.T. - United States Treaties and Other International Agreements U.S. Tax Cas. (CCH) United States Tax Cases USTC (CCH). - United States Tax Cases Utah. — Utah Reports Utah 2d. - Utah Reports, Second Series Utah Admin. Code Utah Administrative Code Utah B.J. - Utah Bar Journal Utah Bull. - Utah State Bulletin Utah Code Ann. Utah Code Annotated Utah Laws - Laws of Utah Utah L. Rev. - Utah Law Review U. TasmaniaL. Rev. - University of Tasmania Law Review Util. L. Rep. (CCH) - Utilities Law Reports Util. Sect. Newsl. - Utility Section Newsletter (ABA) U. Toledo L. Rev. University of Toledo Law Review U. Tol. Intra.L. Rev. - University of Toledo Intramural Law Review '67-68 U. Tol. L. Rev. - University of Toledo Law Review U. Tor. Fac. L. Rev. — University of Toronto Faculty Law Review U. Toronto Fac. L. Rev. University of Toronto Faculty Law Review U. Toronto L.J. - University of Toronto Law Journal U. Wash. L. Rev. University of Washington Law Review U. W. Austl. L. Rev. - University of Western Australia Law Review U. Western Onto L. Rev. - University of Western Ontario Law Review U. West L.A. L. Rev. - University of West Los Angeles Law Review UWLAL. Rev. — University of West Los Angeles Law Review U. W. Onto L. Rev. University of Western Ontario Law Review v Va. Virginia Reports VA - Department of Veterans Affairs Va. Acts - Acts of the General Assembly of the Commonwealth of Virginia Va. App. - Virginia Court of Appeals Reports Va. B. Ass’n J. — Virginia Bar Association Journal Va. B. News Virginia Bar News Va. Cas. - Virginia Cases vac'g - vacating Va. Code Ann. - Code of Virginia Annotated Va. Dec. - Virginia Decisions Va. Envtl. L.J. - Virginia Environmental Law Journal Va. J. Int'l L. - Virginia Journal ofInternational Law Va. J.L. & Tech. - Virginia Journal of Law and Technology Va. J. Nat. Res. L. - Virginia Journal of Natural Resources Law Va. J. Nat. Resources L. - Virginia Journal of Natural Resources Law Va. J. Soc. Pol'y & L. - Virginia Journal of Social Policy & Law Va. J. Sports & L. -Virginia Journal of Sports and the Law Va.Law.- VirginiaLawyer Va. L. Rev. - Virginia Law Review Val. U. L. Rev. Valparaiso University Law Review V.A.M.R. - Vernon's Annotated Missouri Rules V.A.M.S. - Vernon's Annotated Missouri Statutes Vand. J. Ent. L. & Prac. - Vanderbilt Journal of Entertainment Law and Practice Vand. J. Transnat'l L. - Vanderbilt Journal of Transnational Law Vand. L. Rev. - Vanderbilt Law Review Va. Regs. Reg. - Virginia Register of Regulations Va. Sports & Ent. L.J. - Virginia Sports & Entertainment Law Journal Va. Tax Rev. - Virginia Tax Review V.A.T.S. - Vernon's Annotated Texas Statutes Vernon's Ann. c.c.P. Vernon's Annotated Texas Code of Criminal Procedure Vernon's Ann. Civ. St. - Vernon's Annotated Texas Civil Statutes Vernon's Ann. P.C. - Vernon's Annotated Texas Penal Code Vernon's Ann. Rules Civ. Proc. Vernon's Annotated Texas Rules of Civil Procedure Vet. App. Veterans Appeals Reporter V.1. Virgin Island Reports V.I.C. Virgin Islands Code V.I. Code Ann. Virgin Islands Code Annotated Viet. U. Wellington L. Rev. - Victoria University of Wellington Law Review Viet. U.Well.L. Rev. Victoria University of Wellington Law Review Vill. Env tl. L.J. - Villanova Environmental Law Journal VilI. Info. L. Chron.- VillanovaInformation Law Chronicle Viii. J.L. & Inv. Mgmt. - Villanova Journal of Law & Investment Management Viii. L. Rev. Villanova Law Review ViII. Sports & Ent. L.F. -Villanova Sports and Entertainment Law Forum ViII. Sports & Ent. L.J. Villanova Sports and Entertainment Law Journal V.I. R. & Regs. - VirginIslands Rules and Regulations V.I. Sess. Laws Session Laws of the Virgin Islands V.S. Vermont Statutes V. S.A. Vermont Statutes Annotated Vt. Vermont Reports Vt. Acts & Resolv es Acts ofResolves ofVermont Vt. B.J. & L. Dig. Vermont Bar Journal & Law Digest V.T.C.A. Vernon's Texas Codes Annotated Vt. Code R. Code ofVermont Rules Vt. Gov't Reg. - Vermont Government Register Vt. L. Rev. - Vermont Law Review V.T.S.A. - Vernon's Texas Statutes Annotated Vt. Stat. Ann. — Vermont Statutes Annotated W Wade, Am. Mining Law Manual of American Mining Law as Practiced in the Western States and Territories Wade, Att achm. A Treatise on the Law of Attachment and Garnishment Wage &Hour Cas.(BNA) - Wage and Hour Cases Wake Forest L. Rev. - Wake Forest Law Review Walk. — Walker (Pa.) Walk. Am. Law - J. Walker, Introduction to American Law Walker, Pat. Text-Book ofthe Patent Laws ofthe United States ofAmerica Walk. Int. J. Walker, Introduction to American Law Wall. Wallace, U.S. Supreme Court Reports Wall. St. J. - Wall Street Journal Warv. Abst. -Warvelle, A Practical Treatise on Abstracts and Examinations of Title to Real Property Wash. Washington (Va.) Wash. Washington Reports Wash.2d. Washington Reports, Second Series Wash. Admin.Code Washington Administrative Code Wash. & Le e L. Rev. Washington and Lee Law Review Wash. App. Washington Appellate Reports Washburn L.J . - Washburn Law Journal Washburn, Real Prop. A Treatise on the American Law of Real Property Wash.C.c. - Washington Circuit Court, U.S Wash. Law. -Washington Lawyer Wash . Law Rep. - Washington Law Reporter, D.C Wash. Laws - Laws of Washington Wash. Legis. Servo - Washington Legislative Service Wash. L. Rev. - Washington Law Review Wash. Month ly — Washington Monthly Wash. Rev.Code. Revised Code ofWashington Wash.Rev .Code Ann. - Revised Code ofWashington Annotated Wash. St. B. News - Washington State Bar News Wash. Terr. — Washington Territory Reports Wash. U. Global Stud. L. Rev. — Washington University Global Studies Law Review Wash.U. J.L. & Pol'y Washington University Journal of Law and Policy Wash.U. J.Urb. &Contemp. L. Washington University Journal ofUrban & Contemporary Law Wash.U. L.Q. - Washington University Law Quarterly (Missouri) Watkins, Descents An Essay Towards the Further Elucidation ofthe Law of Descents Wat. Set-Off -Waterman, A Treatise on the Law of Set-Off, Recoupment, and Coumterclaim Watts - Watts (Pa.) Watts & Sergo - Watts and Sergeant (Pa.P Wayn e L. Rev. Wayne Law Review WD - Written Determination We eks, Attys. at Law - A Treatise on Attorneys and Counselors at Law Wells, Repl. A Treatise on the Law ofReplevin, as Administered in the Courts of the United States and England Wend. - Wendell's Reports (N.Y.) Wesk. Ins . -Weskett, Complete Digest of the Theory, Laws and Practice ofInsurance Westchester B.J. Westchester Bar Journal Westlake, Prin. Int. Law Chapters on the Principles ofInternational Law WEU Western European Union WFP - World Food Programme (UN) WG&L- Warren, Gorham & Lamont W.H.- Wage and Hour Cases (BNA) Whart. — Wharton (Pa.) Whart. & S. Med. Jur. — Wharton & Stille, A Treatise on Medical Jurisprudence Wharton, Agency A Commentary on the Law of Agency and Agents Wharton, Am.Cr. Law -A Treatise on the Criminal Law ofthe United States... Wharton,Conf. Laws - A Treatise on the Conflict of Laws Wharton,Cr.Ev. - A Treatise on the Law of Evidence in Criminal Issues Wharton, Cr. PI. & Prac. - Treatise on Criminal Pleading and Practice Wharton, Dig. Int. Law -A Digest ofthe International Law ofthe United States Wharton, Ev. - A Commentary on the Law of Evidence in Civil Issues Wharton, Homicide - A Treatise on the Law of Homicide in the United States Wharton, Maxims - G. Wharton, Legal Maxims with Observations and Cases 1811 Table of Legal Abbreviations Wharton, Negligence - A Treatise on the Law of Negligence Wheat. - Wheaton, U.S. Supreme Court Reports Wheaton,International Law - The Elements of International Law Wheaton on Maritime Captures - A Digest of the Law of Maritime Captures and Prizes Whitak. Liens Whitaker, A Treatise Relative to the Rights of Lien and Stoppage in Transitu White & W. White & Willson's Reports (Tex.) Whittier 1. Rev. - Whittier Law Review Whitt. 1. Rev. - Whittier Law Review W.H. Man. Wage and Hour Manual (BNA) WHO - World Health Organization Widener J. Pub. 1. - Widener Journal of Public Law Widener 1. Symp. J. - Widener Law Symposium Journal Wigm. Ev. - l. A Treatise on the System of Evidence in Trials atCommon Law. 2. A Treatise on the AngJo-AmericanSystem of Evidence in Trials at Common Law. Wigmore, Evidence - l. A Treatise on the System of Evidence in Trials at Common Law. 2. A Treatise on the Anglo-American System of Evidence in Trials at Common Law. Wigram, Wills - A Treatise on Extrinsic Evidence in Aid of theInterpretation of Wills Will. - Williams (Mass.) Willamette Bull. Int'l 1. & pory - Willamette Bulletin ofInternational Law and Policy Willamette J. Infl 1. & Disp. Resol. - Willamette Journal ofInternational Law and Dispute Resolution Willamette L.J. - Willamette Law Journal Willamette 1. Rev. - Willamette Law Review Willcock, Mun. Corp. - The Law of Municipal Corporations, together with a Brief Sketch of Their History Will. Eq. Jur. - Willard, A Treatise on Equity Jurisprudence Williams & B., Adm. Jur. R. G. Williams & Bruce, The Jurisdiction and Practice of the High Court of Admiralty Williams, Executors - E. Williams, A Treatise on the Law of Executors and Administrators Williams, Ex'rs R. & T. ed. - E. Williams, A Treatise on the Law of Executors and Administrators, Randolph & Talcott ed. Williams, Pers. Prop. Jos. Williams, A Treatise on the Law of Personal Property Williams, Real Prop. - Jos. Williams, Principles of the Law of Real Property Williams, Seis. - Jos. Williams, Seisin of the Freehold Willis, Trustees - A Practical Treatise on the Duties and Responsibilities of Trustees Williston, Contracts - The Law of Contracts Williston, Sales - The Law Governing Sales of Goods a Common Law and Under the Uniform Sales Act Willson - Willson's Reports (Tex.) Win. - Winston (N.C.) WIPO - WorldIntellectual Property Organization Wis. - Wisconsin Reports Wis.2d. - Wisconsin Reports, Second Series Wis. Admin. Code Wisconsin Administrative Code Wis. Admin. Reg. - Wisconsin Administrative Register Wis. B. BulL - Wisconsin Bar Bulletin Wis. Envtl. L.J. Wisconsin Environmental Law Journal Wis. Int'l LJ. - WisconsinInternational Law Journal Wis. Law. - Wisconsin Lawyer Wis. Laws — Laws ofWisconsin Wis. Legis. Servo Wisconsin Legislative Service Wis. 1.N. - Wisconsin Legal News Wis. 1. Rev. - Wisconsin Law Review Wis. Stat. - Wisconsin Statutes Wis. Stat. Ann. - Wisconsin Statutes Annotated Wis. Women's L.J. - Wisconsin Women's Law Journal With. Corp. Cas. - Withrow, American Corporation Cases Witthaus & Becker, Med. Jur. - Medical Jurisprudence, Forensic Medicine, and Toxicology W. Legal Hist. - Western Legal History: the Journal of the Ninth Judicial Circuit Historical Society Wm. & Mary BillRts. J. - William & Mary Bill of Rights Journal Wm. & Mary Envtl. 1. & Pol'y Rev. William & Mary Environmental Law and Policy Review Wm. & Mary J. Envtl. 1. -William & Mary Journal of Environmental Law Wm. & Mary J. Women & 1. -William & Mary Journal of Women and the Law Wm. & Mary 1. Rev. -William & Mary Law Review Wm. & Mary Rev. Va. L. — William & Mary Review of Virginia Law Wm. Mitchell 1. Rev. William Mitchell Law Review WMO World Meteorological Organization Wms. P.P. - J. Williams, Principles of the Law of Personal Property Wms. R.P. - J. Williams, Principles of the Law of Real Property W. New Eng. 1. Rev . Western New England Law Review Woener, Adm'n - A Treatise on the American Law of Administration Women & Crim. Just. - Women and Criminal Justice Women Law. J. - Women Lawyers Journal Women's 1.J. Women's Law Journal Women's Rts. 1. Rep.-Women's Rights Law Reporter Wood, Lim.- A Treatise on the Limitation ofActions at Law and In Equity Wood, Master & Servo Law ofMaster and Servant, Covering the Relation, Duties and Liabilities of Employers and Employees Wood, Nuis. A Practical Treatise on the Law of Nuisances in Their Various Forms Wood, Ry. Law- A Treatise on the Law ofRailroads Woolr. Waters- Woolrych, A Treatise ofthe Law of Waters Work. Compo Bus. Mgmt. Guide (CCH)- Workers' Compensation Business Management Guide Works, Pr. — Practice, Pleading and Forms Adapted to the New revised Code of Indiana W. Res. 1. Rev. - Western Reserve Law Review Wright, Ten. - Introduction to the Law ofTenures W.S. Wyoming Statutes W.S.A. - Wisconsin Statutes Annotated W. St. 1. Rev. - Western State Law Review W.St. U. 1. Rev. - Western State University Law Review WTO 1. World Trade Organization.2. World Tourism Organization. W. Va. - West Virginia Reports W.Va. Acts - Acts ofthe Legislature ofWest Virginia W. Va. B. — West Virginia Bar W. Va. Code - West Virginia Code W. Va. Cod. State R. West Virginia Code ofState Rules W.Va. Law. West Virginia Lawyer W. Va. 1. Q. & B. West Virginia Law Quarterly and the Bar W. Va. 1. Rev.- West Virginia Law Review WVC. West Virginia Code Wyo. Wyoming Statutes, Wyoming Reports Wyo. Law. - Wyoming Lawyer Wyo. 1. Rev. Wyoming Law Review Wyo. Sess. Laws - Session Laws ofWyoming Wyo. Stat. Ann.- Wyoming Statutes Annotated y Yale Hum. Rts. & Dev. 1.J. - Yale Human Rights and Development Law Journal Yale J. Int'l L. - Yale Journal ofInternational Law Yale J.1. & Feminism Yale Journal ofLaw & Feminism Yale J.L. & Human. - Yale Journal ofLaw and the Humanities Yale J.L. & Lib. Yale Journal of Law and Liberation Yale J. on Reg. - Yale Journal on Regulation Yale J. World Pub. Ord. Yale Journal ofWorld Public Order Yale 1. &: Pol'y Rev. - Yale Law & Policy Review Yale Law J. - Yale Law Journal Yale 1.J. - Yale Law Journal Yale Stud. World Pub. Order - Yale Studies in World Public Order Yates Sel. Cas. - Yates' Select Cases Y.B. Eur. Conv. On H.R. - Yearbook ofthe European Convention on Human Rights Yeates - Yeates (Pa.) Yer. - Yerger (Tenn.) Z Zoning &: Plan. 1. Rep. Zoning and Planning Law Report Authors Commonly Cited in American Sources During the 19th and Early 20th Centuries Adams .............................John Adams Addison ..................... Charles G.Addison Aldrich ..................... Peleg Emory Aldrich AlInat ...................... Charles Blake Alinat Ames ............................ James Barr Ames Ames ............................Samuel Ames Amos ............................Andrew Amos Angell...........................Joseph K, Angell Anson....................William Reynell Anson Arnould .....................Sir Joseph Arnould Atherly .................Edmund Gibson Atherly Austin ............................John Austin Babington ...................Richard Babington Baker ....................... Sir Sherston Baker Ballantine ..................William Ballantine Bayley .......................... Sir John Bayley Beach ...........................Charles F. Beach Beale ....................... Joseph Henry Beale Becker .................. Tracy Chatfield Becker Belli .......................Melvin M. Belli, Sr. Best ............................William M.Best Bevans .......................... Charles 1. Bevans Beven ...........................Thomas Beven Bigelow .....................Melville M.Bigelow Bishop ...................... Joel Prentiss Bishop Black ................... Henry Campbell Black Blackburn ...............Lord Colin Blackburn Blackstone .............. Sir William Blackstone Blanshard ...................William Blanshard Booth ........................... George Booth Bouvier .........................John Bouvier Bracton ......................Henry de Bracton Brice ...........................Seward Brice Brickell .....................Robert C.Brickell Brightly ..................Frederick C.Brightly Brown ..................... Henry Billings Brown Browne .......................Causten Browne Browne .......................George Browne Bowstead ..................... William Bowstead Bruce ........................Gainsford Bruce Bryce ..................... Viscount James Bryce Bump ......................... Orlando F.Bump Burrill ...................Alexander M.Burrill Buswell ...................Henry Foster Buswell Byles .....................Sir John Barnard Byles Carver ....................... Thomas G.Carver Chamberlain ...............Daniel H.Chamberlain Chandler ..................... Peleg W. Chandler Chitty ...........................Joseph Chitty Christian ....................Edward Christian Clay ......................Clement Comer Clay Clevenger .................Shobal V. Clevenger Cobb .........................Thomas RR.Cobb Coke .........................Sir Edward Coke Collyer ..........................John Collyer Comyn ........................Samuel Comyn Cooke ..................... Frederick Hale Cooke Curtis .................... George Ticknor Curtis Daniel .................... John Warwick Daniel Dart .........................Joseph Henry Dart Davis ............ John Anthony Gardner Davis Desty ............................Robert Desty Devlin ....................Robert Thomas Devlin Dicey ........................Albert Venn Dicey Dillon ....................... John Forrest Dillon Drone ............................ Eaton S.Drone Duer.................................John Duer Du Ponceau ............Peter Stephen Du Ponceau Elliot ........................... Jonathan Elliot Elmer ............................Joseph Elmer Elmer ........................ Lucius Q.c. Elmer Fan-vell ..................... Sir George Farwell Fell .........................Walter William Fell Ferard ...........................Joseph Ferard Fetter ....................... Norman Fetter Field ........................George W. Field Finlason ..............William Francis Finlason Fisher ........................William R. Fisher Flanders ........................Henry Flanders Flood ................. John Charles Henry Flood Foote ..................... John Alderson Foote Foster ...........................Roger Foster Freeman .........A.C. (Abraham Clark) Freemen Fry ......................., .....Sir Edward Fry Gale .........................Charles James Gale Goddard ....., ........,John Leybourn Goddard Gould ............................ James Gould Gould ..........., ........... John M.Gould Gould ............................Josiah Gould Grant ......., .. , ..., .. , ....James Grant Gray .........................John Chipman Gray Greenleaf .....................Simon Greenleaf Gresley ..............Richard Newcombe Gresley Gross ......................... Charles Gross Guy ...........................William A.Guy Hale ..........................William Hale Hall ..........................John Elihu Hall Hall ..........................William E. Hall Halleck .................. Henry Wager Halleck Hamilton .................Alexander Hamilton Hammon ...................Louis Lougee Hammon Hanhart .......................Nicolas Hanhart Harmon ................... Henry Clay Harmon Hare ..........................J.1. Clark Hare Harris ...................... Seymour F. Harris Hartley ......................Oliver C. Hartley Hawkins ..................... Francis V. Hawkins Hening ......................William W. Hening High ..........................James L.High Hilliard ......................Francis Hilliard Holland ............... Thomas Erskine Holland Holt .....................Francis Ludlow Holt Holmes ...................Oliver Wendell Holmes Hopkins .......................Manley Hopkins Hough ................Franklin Benjamin Hough Hughes ........................David Hughes Hughes ......................William J. Hughes Jaggard .....................Edwin A.Jaggard Jarman ........................Thomas Jarman Jeremy ........................George Jeremy Jeremy .......................... Henry Jeremy Jones .......................Leonard A.Jones Jones .......................Sir William Jones Keener ...................William Albert Keener Kent ..............................James Kent Kerr ..................William Williamson Kerr Kyd ...............................Stewart Kyd Langdell ........Christopher Columbus Langdell Lawson ................... John Davison Lawson Lea .........................Henry Charles Lea Leake ....................Stephen Martin Leake Lewis .............................John Lewis Lewis ....................William David Lewis Lindley ..................Sir Nathaniel Lindley Lowell ...................... A.Lawrence Lowell Maclachlan .................. David Maclachlan Maine .................Sir Henry Sumner Maine Malloy ......................William M Malloy Markby ......................Sir William Markby Marsden ..................Reginald G. Marsden Martin ... , .........., Francois Xavier Martin Marshall ......................Samuel Marshall McAdam .........., . , ........ David McAdam McCrary ..............., ...George W. McCrary McKelvey ....................John Jay McKelvey Mechem ..............., .....Floyd R. Mechem Mill .......................... John Stuart Mill Miller ........................ Hunter Miller Miller ..................Samuel Freeman Miller Mills .....................Henry Edmund Mills Morawetz ......................Victor Morawetz Morse .....................John Torrey Morse, Jr. Moyle ............................John B.Moyle Odgers . .................. . .. . W. Blake Odgers Oliver...................Benjamin Lynde Oliver Parsons .....................Theophilus Parsons Perry ............................ Jarius W.Perry Phelps ..................Charles Edward Phelps Phillimore ................Sir Robert Phillimore Phillips.......................Willard Phillips Pierce ......................Edward Lillie Pierce Pitman ......................Edward Dix Pitman Platt ............................Thomas Platt Poe ...........................John Prentiss Poe Pollock ...................Sir Frederick Pollock Pomeroy ...................John Norton Pomeroy Poore ....................... Benjamin P.Poore Pope ..........................Henry M.R.Pope Porter ......................James Biggs Porter Pothier .......................Robert J. Pothier Powell ........................John Joseph Powell Preston ....................... Richard Preston Randolph ..................Joseph Fitz Randolph Rapalje .......................Stewart Rapalje Rawle .........................William Rawle Ray ....................... Charles Andrew Ray Redfield ......................Amasa A Redfi Redfield ...................... Isaac F.Redfield Reeve ............................Tapping Reeve Reeves ...........................John Reeves Remington ...................Harold Remington Roberts .......................William Roberts Robinson ..............William Callyhan Robinson Roper .....................Stote Donnison Roper Rose ........................Walter Malins Rose Russell .................John Archibald Russell Sandars .....................Thomas C.Sandars Sanders ............. Francis Williams Sanders Saunders ..............Thomas William Saunders Schouler .........................James Schouler Sedgwick ................Arthur George Sedgwick Seton .....................Henry Wilmot Seton Shearman ..................Thomas G.Shearman Sheldon .................Henry Newton Sheldon Shelford ...................... Leonard Shelford Smith .........................Charles M.Smith Smith ............................ Horace Smith Smith ................. Jeremiah Smith (with Ames) Smith .......................John William Smith Snyder ......................Wilson Isaac Snyder Spence ...........................George Spence Starkie ..........................Thomas Starkie Stearns ..........................Asahel Stearns Stephen .....................Henry John Stephen Stephen .................James Fitzjames Stephen Stille . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alfred Stille Story ............................Joseph Story Story ........................ William W.Story Stubbs .........................William Stubbs Sugden ...............Edward Burtenshaw Sugden Sullivan .......................James Sullivan Summers ...................Walter L.Summers Talcott ........................William Talcott Taylor ........................... Pitt Taylor Thomas ................... Abner Charles Thomas Thomas ...................Edward Beers Thomas Thompson .................Seymour D.Thompson Tidd .............................William Tidd Tiedeman ........ Christopher Gustavua Tiedeman Tiffany ..............Herbert Thorndike Tiffany Townshend ......................John Townshend Troubat ..................Francis Joseph Troubat Tucker ...................Henry St. George Tucker Tudor .....................Owen Davies Tudor Tyler ....................Ransom Hebbard Tyler Tyler ............................ Samuel Tyler Underhill ....................Arthur Underhill Underhill ................ Henry Clay Underhill Wade ......................William Pratt Wade Wait ......................Frederick Scott Wait Walker ....................Albert Henry Walker Walker ....................James Bryant Walker Wallace ..................Horace Binney Wallace Warvelle .............George William Warvelle Washburn .....................Emory Washburn Waterman ...........lhomas Whitney Waterman Watkins ......................Charles Watkins Weeks ........................ Edward P.Weeks Wells .....................Edward Hyde Wells Weskett ..........................John Weskett Westlake .......................John Westlake Wharton ...................... Francis Wharton Wharton ..............George Frederick Wharton Wheaton ........................ Henry Wheaton Whitaker .....................Richard Whitaker Wigmore .................. John Henry Wigmore Wigram .......................Sir James Wigram Willard ..........................John Willard Willcock .................John William Willcock Williams .............Edward Vaughan Williams Williams .......................Joshua Williams Williams .............Robert Griffith Williams Willis ....................John Walpole Willis Williston ....................Samuel Williston Withrow ..................Thomas Foster Withrow Witthaus .............Rudolph August Witthaus Woerner ..................John Gabriel Woerner Wood ......................... Horace Gay Wood Woolrych ...........Humphry William Woolrych Works .....................John Downey Works Wright .......................sir Martin Wright AppendixB Legal Maxims In the first edition of this dictionary, published in 1891, Henry Campbell Black remarked that the book contained "a complete collection of legal maxims," adding: "These have not been grouped in one body, but distributed in their proper alphabetical order through the book. This is believed to be the more convenient arrangement" (p. iv). Although it might indeed have been more convenient for readers who knew the maxims they wanted to look up as 19th-century readers might have been apt to - spreading Latin sentences throughout the book is decidedly inconvenient for most dictionary users today. We have therefore collected them for ease of reference. A bibliography of works cited appears on page 1909. Of course, many scholars have long been intolerant with those who use maxims to decide cases. As James Fitzjames Stephen, one of the great 19th-century legal scholars, incisively put it before Black's work appeared: It seems to me that legal maxims in general are little more than pert headings of chapters. They are rather minims than maxims, for they give not a particularly great but a particularly small amount of information. As often as not, the exceptions and disqualifications to them are more important than the so-called rules.1 Other scholars have been equally derisive.2 But there is an element of fun in legal maxims: they sometimes express surprising insights - and these from ancient writers. Though they will not clinch arguments, they will delight many readers who have a historical bent. -B.A.G. 1. 2 James Fitzjames Stephen, History ofthe Criminal Law ofEngland 94 n.! (1883). 2. For a collection ofcritical comments, see Garner, A Dictionary ofModern Legal Usage 552 (2d ed. 1995). Ab abusu ad usum non valet consequentia. A conclusion about the use of a thing from its abuse is invalid. Ab assuetis nonfit injuria. No injury is done by things long acquiesced in. Abbreviationum ille numerus et sensus accipiendus est ut concessio non sit inanis. Such number and sense is to be given to abbreviations that the grant may not be void. Absentem accipere debemus eum qui non est eo loco in quo petitur. We must consider a person absent who is not in that place in which he is sought. Absentia ejus qui reipublicae causa abest neque ei neque alii damnosa esse debet. The absence of a person who is abroad in service to the state ought to be prejudicial neither to that person nor to another. Dig. 50.17.140. Absoluta sententia expositore non indiget. A simple proposition needs no expositor. Abundans cautela non nocet. Abundant caution does no harm. Accessorium non ducit, sed sequitur, suum principale. An accessory does not lead, but follows, its principaL Accessorium non trahit principale. The accessory does not carry the principal with it. Accessorius sequitur naturam sui prindpalis. An accessory follows the nature of his principal. Acdpere quid ut justitiam facias non est tam acdpere quam extorquere. To accept anything as a reward for doing justice is rather extorting than accepting. Accusare nemo debet se, nisi coram Deo. No one is obliged to accuse himself, except before God. Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit. A person who makes an accusation after a reasonable time has passed is not to be heard unless the person makes a satisfactory excuse for the omission. A communi observantia non est recedendum. Common observance (or usage) is not to be departed from. A communiobservantia non est recedendum et minime mutandae sunt quaecertam interpretationem habent. Common observance is not to be departed from, and things that have certain meaning are to be changed as little as possible. Acta exteriora indicant interiora secreta. Outward acts indicate the thoughts hidden within. Acta in uno judicio non probant in alio nisi inter easdem personas. Things done in one action cannot be taken as evidence in another, unless it is between the same parties. Actio non datur non damnificato. An action is not given to one who is not injured. Actio non fadt reum, nisi mens sit rea. An act does not make a person guilty unless the mind is guilty. • Properly, Actus non reum (q.v.). Actionum genera maxime sunt servanda. The kinds of actions are especially to be preserved. Actio personalis moritur cum persona. A personal action dies with the person. Actio quaelibet it sua via. Every action proceeds in its own course. Actore non probante, reus absolvitur. If the plaintiff does not prove his case, the defendant is acquitted. Actori incumbit onus probandi. The burden of proof rests on the plaintiff. Actor qui contra regulam quid adduxit non est audien-dus. A pleader ought not to be heard who advances a proposition contrary to the rule (of law). Actor sequitur forum rei. The plaintiff follows the forum of the detendant. Actus curiae neminem gravabit. An act of the court will prejudice no one. Actus Dei neminilacit injuriam. An act of God does wrong to no one .•That is, no one is responsible in damages for inevitable accidents. Actus Dei nemini nocet. An act of God does wrong to no one. Actus inceptus cujus perfectio pendet ex voluntate partium revocari potest; si autem pendet ex volun-tate tertiae personae, vel ex contingenti, revocari non potest. An act already begun whose completion depends on the will of the parties may be recalled; but if it depends on consent of a third person or ona contingency, it cannot be recalled. Actus judidarius coram non judice irritus habetur; de ministeriali autem a quocunque provenit ratum esto. A judicial act before one not a judge (or without jurisdiction) is void; as to a ministerial act, from whomsoever it proceeds, let it be valid. Actus legis nemini est damnosus. An act of the law prejudices no one. Actus legis nemini fadt injuriam. An act of the law does no one wrong. Actus legitimi non redpiunt modum. Acts required by law admit of no qualification. Actus me invito factus non est meus actus. An act done (by me) against my will is not my act. Actus non fadt reum nisi mens sit rea. An act does not make a person guilty unless the mind is guilty; an act does not make the doer criminal unless his mind is criminal. - Coke gives the maxim in a slightly different form: Actus non reumfadt nisi mens sit rea. 3 Co. Inst. 54; 107. Actus repugnans non potest in esse produci. A repugnant act cannot be brought into being (that is, cannot be made effectual). Actus servi, in iis quibusoperaejus communiter adhibita est, actus domini habetur. The act of a servant in those things in which he is usually employed is considered the act of his master. Additio probat minoritatem. An addition proves inferiority. • That is, if it be said that a person has a fee tail, it is less than if the person has the fee. Ad ea quaefrequentius accidunt jura adaptantur. The laws are adapted to those cases that occur more frequently. A digniori fieri debet denominatio et resolutio. The denomination and explanation ought to be derived from the more worthy. Adjuvari quippe nos, non decipi, beneficio oportet. Surely we ought to be helped by a benefit, not be entrapped by it. Adofficium justiciariorum spectat unicuique coram eis placitanti justitiam exhibere. It is theduty of justices to administer justice to everyone pleading before them. Ad proximum antecedens fiat reiatio, nisi impediatur sententia. A relative is to be referred to the nearest antecedent, unless prevented by the sense. Ad quaestiones facti non respondent judices; ad quaes-tiones legis non respondent juratores. Judges do not answer questions of fact; jurors do not answer questions of law. Ad quaestiones legis judices, et non juratores, respondent. Judges, and not jurors, answer questions of law. Ad recte docendum oportet primum inquirere nomina, quia rerum cognitio a nominibus rerum dependet. In order rightly to comprehend a thing, it is necessary first to inquire into the names, for a right knowledge of things depends on their names. Ad reges enim potestas omnium pertinet; ad singulos, proprietas. Kingshave (political) powerover all things, while individuals own them. 4.dversus extraneos vitiosa possessio prodesse solet. Possession though faulty is usually sufficient against outsiders. • Prior possession is a good title of ownership against all who cannot show a better. Ad vim majorem vel ad casus fortuitos non tenetur quis, nisi sua culpa intervenerit. No one is held to answer for the effects of superior force or accidents, unless his own fault has contributed. Aedificare in tuo proprio solo non licd quod alteri noceat. It is not lawful to build on one’s own land what may be injurious to another. Aedificatum solo solo cedit. What is built on the land goes with the land. Aedificia solo cedunt. Buildings go with the land. Aequior est dispositio legis quam hominis. The law's dis- position is more impartial than man's. Aequitas agit in personam. Equity acts on the person. Aequitas est correctio legis generaliter latae qua parte deficit. Equity is the correction of some part of the law where by reason of its generality it is defective. Aequitas est perfecta quaedam ratio quae jus scriptum interpretatur et emendat; nulla scriptura compre-hensa, sed sola ratione consistens. Equity is a sort of perfect reason that interprets and amends written law; comprehended in no written text, but consisting of reason alone. Aequitas est quasi equalitas. Equity is as it were equality. Aequitas ignorantiae opitulatur, oscitantiae non item. Equity assists ignorance but not complacency (or carelessness). Aequitas non facit jus, sed juri auxiliatur. Equity does not create a right, but aids the right. Aequitasnunquam contravenit leges. Equity never contravenes the laws. Aequitas sequitur legem. Equity follows the law. [Cases: Equity C^62.'| Aequitas supervacua odit. Equity abhors superfluous things. Aequum et bonum est lex legum. What is equitable and good is the law of laws. Aestimatio praeteriti delicti ex postremo facto nunquam crescit. The assessment of a past offense never increases from a subsequent fact. Aftuanomenimponitoperituo.Yourmotivegives a name to your act. Affectus punitur licet non sequatur effectus. The intention is punished even if the object is not achieved. Affinis dicitur, cum duae cognationes, inter se divisae, per nuptias copulantur, et altera ad alterius fines accidit. Persons are said to be bound by affinity when two families, divided from one another, are united by marriage, and each approaches the borders of the other. Affinis mei affinis non est mihi affinis. A person connected by marriage to someone connected by marriage to me is no connection of mine. Affirmanti, non neganti, incumbit probatio. The proof is incumbent on the one who affirms, not on the one who denies. Affirmantis est probare. The person who affirms must prove. Agentes et consentientes pari poena plectentur. Acting and consenting parties will be liable to the same punishment. A jure suo cadunt. 'Ihey fall from their right. • That is, they lose their right. A justitia (quasi a quodam fonte) omnia jura emanant. From justice, as from a fountain, all rights flow. Aliena negotia exacto officio geruntur. The business of another is conducted with scrupulous attention. Alienatio Iicet prohibeatur, consensu tamen omnium in quorum favorem prohibita est potest fieri; et quilibet potest renunciare juri pro se introducto. Even if alienation is prohibited, it may yet take place by the consent of all in whose favor it is prohibited; it is in the power of anyone to renounce a right introduced for his own benefit. Alienatio rei praefertur juri accrescendi. Alienation of property is favored over the right to accumulate. A l'impossible nul n'est tenu. No one is bound to do what is impossible. Aliquid conceditur ne injuria remaneat impunita quod alias non concederetur. Something is conceded that otherwise would not be conceded, so that a wrong not remain unpunished. Aliquis non debet esse judex in propria causa, quia non potest esse judex et pars. A person ought not to be judge inhisowncause, because he cannot act both as judge and party. Aliud est celare, aliud tacere. To conceal is one thing, to be silent another. Aliud est distinctio, aliud separatio. Distinction is one thing, separation another. Aliud est possidere, aliud esse in possessione. It is one thing to possess, another to be in possession. Aliud est vendere, aliud vendenti consentire. To sell is one thing, to give consent to the seller another. Allegans contraria non est audiendus. A person making contradictory allegations is not to be heard. Allegans suam turpitudinem non est audiendus. A person alleging his own wrong is not to be heard. [Cases: Contracts C=138] Allegari non debuit quod probatum non relevat. What is not relevant if proved ought not to have been alleged. Allegatio contra factum non est admittenda. An allegation contrary to the deed (or fact) is not admissible. Alterius circumventio alii non praebet actionem. A deception practiced on one person does not give a cause of action to another. Alternativa petitio non est audienda. An alternative petition isnot to be heard. Ambigua responsio contra proferentem est accipienda. An ambiguous answer is to be taken against the party who offers it. Ambiguis casibus semper praesumitur pro rege. In doubtful cases the presumption is always in favor of the king. Ambiguitas contra stipulatorem est. A dubious expression is construed against the party using it. [Cases: Contracts C=:J 155.1 Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti toUitur. A latent ambiguity in wording is resolved by evidence; for whatever ambiguity arises from an extrinsic fact is resolved by extrinsic evidence. Ambiguitas verborum patens nulla verificatione exclu-dUur. A patent ambiguity isnot removed by extrinsic evidence (or is never helped by averment). Ambiguum placitum interpretari debet contra proferentem. An ambiguous plea ought to be interpreted against the party pleading it. Ambulatoria est voluntas defuncti usque ad vitae supremum exitum. The will of a decedent is ambulatory (that is, can be altered) until the last moment of life. Ancupia verborum suntjudice indigna. Quibbling over words is unworthy of a judge. Angliaf^ jura in omni casu libertati dant favorem. The laws of England are favorable in every case to liberty. Animus ad se omne jus ducit. The mind brings every right unto itself. - Often explained: It is to the intention that all law applies. [Cases: Deeds C=:J93.j Animus hominis est anima scripti. The intention of the person is the soul of the instrument. Anniculus trecentesimo sexagesimo-quinto die dicitur, incipiente plane non exacto die, quia annum civiliter non ad momenta temporum sed ad dies numeramur. We call a child a year old on the 365th day, when the day is clearly begun butnot ended, because we calculate the civil year not by moments, but by days. Annua nee debitum judex non separat ipse. Even the judge apportions neither annuities nor debt. Annus est mora motus quo suum planeta pervolvat circulum. A year is the duration of themotion by which a planet revolves through its orbit. Annus inceptus pro completo habetur. A year begun is held as completed. - Said to be of very limited application. A non posse ad non esse sequitur argumentum necessa-rie negative, licet non affirmative. From impossibility to nonexistence the inference followsnecessarily in the negative, though not in the affirmative. Apices juris non sunt jura. Legal niceties are not law. A piratis aut latronibus capti Uberi permanent. Those captured by pirates or robbers remain free. A piratis et latronibus capta dominium non mutant. Things captured by pirates or robbers do not change their ownership. Applicatio est vita regulae. The application is the life of a rule. Aqua cedit solo. The water goes with the ground. - A grant of the land includes the water on it. Aqua currit et debet currere ut currere solebat. Water runs and ought to run as it is wont to run. [Cases: Waters and Water Courses C=:JS1.j Arbitramentum aequum tribuit cuique suum. A just arbitration renders to each his own. Arbitrium est judicium. An award is a judgment. 1819 Legal Maxims Arbor dum crescit; lignum dum crescere nequit. It is a tree while it is growing; wood when it cannot grow. A rescriptis valet argumentum. An argument from rescripts (Le., original writs in the register) is valid. Argumentum ab auctoritate est fortissimum in lege. An argument drawn from authority is the strongest in law. Argumentum ab impossibili plurimum valet in lege. An argument deduced from an impossibility has the greatest validity in law. Argumentum ab inconvenienti plurimum valet in lege. An argument drawn from what is unsuitable (or improper) has the greatest validity in law. Co. Litt. 66a. Argumentum a communiter accidentibus in jure frequens est. An argument from things commonly happening is frequent in law. Argumentum a divisione est fortissimum in jure. An argument based on a subdivision of the subject is most powerful inlaw. Argumentum a majori ad minus negative non valet; valet e converso. An argument from the greater to the lesser is of no force in the negative; conversely (in the affirmative) it is valid. Argumentum a simili valet in lege. An argument by analogy (from a similar case) has force in law. Arma in armatos sumere jura sinunt. The laws permit taking up arms against the armed. Assignatus utitur jure auctoris. An assignee is clothed with the rights of the principal. A summo remedio ad inferiorem actionem non habetur regressus neque auxilium. From the highest remedy to an inferior action there is no recourse or assistance. Auctoritates philosophorum, medicorum etpoetarum sunt in causis allegandae et tenendae. The authorita- tive opinions of philosophers, physicians, and poets are to be adduced and regarded in causes. Audi alteram partem. Hear the other side .•No one should be condemned unheard. A verbis legis non est recedendum. From the words of the law there is to be no departure. Baratriam committit qui propter pecuniam justitiam baractat. A person is guilty of barratry who sells justice for money. Bastardus non potest habere haeredem nisi de corpore suo legitime procreatum. A bastard cannot have an heir unless it be one lawfully begotten of his own body. Bastardus nullius est filiUS, aut filiUS populi. A bastard is nobody's son, or the son of the people. Bello pacta cedunt reipublicae. In war contracts give way to the state. Benedicta est expositio quando res redimitur a destruc-tione. Blessed is the exposition when a thing is saved from destruction. Beneficium invito non datur. A privilege or benefit is not granted against a person's wilL Beneficium non datum nisi propter officium. A remuneration is not given, unless on account of a duty performed. Beneficium non datur nisi officii causa. A benefice is not granted except on account or in consideration of duty. Beneficium principis debet esse mansurum. The benefaction of a prince ought to be lasting. Benigne faciendae sunt interpretationes chartarum, ut res magis valeat quam pereat; et quaelibet concessio fortissimecontra donatorem interpretanda est. Deeds should be subject to liberal interpretation, so that the matter may take effect rather than fail; and every grant is to be taken most strongly against the grantor. Benigne faciendae sunt interpretationes propter sim-plicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non e contra, debent inservire. Constructions (of written instruments) are to be made liberally, for the Simplicity of laymen, in order that the matter may have effect rather than fail (or become void); and words must be subject to the intention, not the intention to the words. Benignior sententia in verbis generalibus seu dubiis est preferenda. The more favorable construction is to be preferred in general or doubtful expressions. Benignius leges interpretandae sunt quo voluntas earum conservetur. Laws are to be more liberally interpreted so that their intent may be preserved. Bigamus seu trigamus, etc., est qui diversis temporibus et successive duas seu tres uxores habuit. A bigamus or trigamus, etc., is one who has had two or more wivesin succession, each at a different time. 3 Co. Inst. 88. Bis dat qui cito dat. He pays twice who pays promptly. Bis idem exigi bona fides non patitur, et in satisfactioni-bus non permittitur amplius fieri quam semel factum est. Good faith does not allow the same thing to be exacted twice; and in satisfying claims, it is not permitted that more should be done after satisfaction has once been rendered.w Bonae fidei non congruit de apicibus juris disputare. It is incompatible with good faith to insist on the extreme subtleties of the law. Bonae fidei possessor in id tantum quod ad se pervenerit tenetur. A possessor in goodfaith is liable only for that which hehimself has obtained (literally, what has come to him). 2 Co. Inst. 285. Bona fide possessor facit fructus consumptos suos. A possessor in good faith is entitled to the fruits (or produce) that he consumes. Bona fides exigit ut quod convenit fiat. Good faith demands that what is agreed on shall be done. Bonafides non patitur ut bis idem exigatur. Good faith does not allow payment to be exacted twice for the same thing. Bonijudicis est ampliarejurisdictionem (orjustitiam). It is the role of a good judge to enlarge (or use liber-ally)his jurisdiction (or remedial authority). [Cases: Courts C=c200.5.] Bonijudicis est ampliarejustitiam. It is the role of a good judge to enlarge or extend justice. Bonijudicis est causas litium dirimere. It is the role of a good judge to remove causes of litigation. Bonijudicis estjudicium sine dilatione mandare execu-tioni. It is the role of a good judge to render judgment for execution without delay. Boni judicis est lites dirimere, ne lis ex lite oriatur. It is the role of a good judge to dispose of litigations so that one suit should not grow from another. 5 Coke 31a. Bonum defendentis ex integra causa; malum exquolibet defectu. A good outcome for the defendant comes from a sound case; a bad outcome from some defect. Bonum necessarium extra terminos necessitatis non est bonum. A thing good from necessity is not good beyond the limits of the necessity. Bonusjudex secundum aequum et bonum judieat, et aequitatem strictojuri praefert. A good judge decides according to fairness and the good and prefers equity to strict law. Breve ita dicitur, quia rem de qua agitur, et intentionem petentis, paucis verbis breviter enarrat. A writ is called a "breve" because it briefly states, in few words, the matter in dispute, and the object of the party seeking relief. Brevejudiciale debet sequi suum originale, et accesso-rium suum principale. A judicial writ ought to follow its original, and an accessory its principaL Brevejudiciale non cadit pro defectu formae. A judicial writ does not fail for a defect of form. Brevia, tam originalia quam judicialia, patiuntur anglica nomina. Writs, original as well as judicial, bear English names. Cancellarii angliae dignitas est, ut secundus a rege in regno habetur. The dignity of the chancellor of England is (such) that he is considered second inthe realm from the sovereign. Career ad homines eustodiendos, non ad puniendos, dari debet. Imprisonment should be imposed for keeping people in confinement, notfor punishing them (further). Co. Litt. 260a. Career non supplicii causa sed custodiae constitutus. A prison is established not for the sake of punishment, but for detention under guard. Casus fortuitus non est sperandus, et nemo tenetur divinare. A chance event isnot to be expected, and no one isbound to foresee it. [Cases: Carriers C=c1l9.] Casus fortuitus non est supponendus. A chance event is not to be presumed. Casus omissus et oblivioni datus dispositioni communis juris relinquitur. A case omitted and forgotten (not provided for in statute) is left to the disposal of the common law. Casus omissus pro omisso habendus est. A case omitted is to be held as (intentionally) omitted. Catalla juste possessa amitti non possunt. Chattels rightly possessed cannot be lost. Catalla reputantur inter minima in lege. Chattels are considered inlaw among things of least consequence. Causa causae est causa causati. The cause of a cause is the cause of the effect. Causa eausantis causa est causati. The cause of thething causing is the cause of the effect. Causa ecclesiae publicis aequiparatur; et summa est ratio quaepro religionefacit. The cause of the church is equal to public causes; and paramount is the reason that acts in favor of religion. Causae dotis, vitae, libertatis,fisci sunt inter favorabilia in lege. Causes of dower, life, liberty,revenue are among the things favored in law. Causae ecclesiae publicis causis aequiparantur. The causes of the church are equal to public causes. Causa et origo est materia negotii. The cause and origin of a matter are the substance of it. • “The law regards the original act": as in the case of a man who attempts suicide in madness, but dies after regaining sanity; such is not suicide. 1 Coke 99. Causa patet. The reason is obvious. Causa proxima non remota spectatur. The immediate and not the remote cause is considered. [Cases: Damages C=c17; Insurance C=c2165 (1),2230,2590(1).] Causa vaga et incerta non est causa rationabilis. A vague and uncertain cause is not a reasonable cause. Caveat emptor. Let the buyer beware. [Cases: Sales 41; Vendor and Purchaser C=c37.] Caveat emptor qui ignorare non debuit quodjus alienum emit. Let the buyer beware; for he ought notact in ignorance when he buys what another has right to. [Cases: Sales 269.] Caveat venditor. Let the seller beware. Caveat viator. Let the traveler beware. Cavendum est afragmentis. Beware of fragments. Certa debet esse intentio et narratio et certum funda-mentum et eerta res quae deducitur injudicium. The design and narration ought to be certain, the foundation certain, and the matter certain that is brought into court to be tried. Certum est quod certum reddi potest. That is certain which can be rendered certain. [Cases: Contracts 9; Deeds C=c38.] Cessante causa, cessat effectus. The cause ceasing, the effect ceases. Cessante ratione legis cessat et ipsa lex. When the reason of the law ceases, the law itself also ceases. Cessante statu primitivo, cessat derivativus. When the original estate comes to an end, the derivative estate is also at an end. Cessa regnare, si non vis judicare. Cease to reign if you wish not to adjudicate. C'est Ie crime qui fait la honte, et non pas wkhafaud. It is the crime that causes the shame, and not the scaffold. Cestuy que doit inheriter al pere doit inheriter alfils. The person who should have inherited from the father should also inherit from the son. Chacea est ad communem legem. A chase (or hunting ground) exists by common law. Charta de non ente non valet. A deed of a thing not in being isnot valid. Charta non est nisi vestimentum donationis. A deed is nothing else than the vestment (or clothing) of a gift. Chartarum superfidem, mortuis testibus, ad patriam de necessitudine recurrendum est. (A dispute) regarding the veracity of deeds, with the witnesses dead, must necessarily be referred to the country (or jury). Chirographum apud debitorem repertum praesumitur solutum. When the evidence (or voucher) is found in the debtor's possession, the debt is presumed to be paid. Chirographum non extans praesumitur solutum. When the evidence of a debt is not in existence, it is presumed to have been discharged. Circuitus est evitandus. Circuity (roundabout proceeding) is to be avoided. Circuitus est evitandus; et boni judicis est lites dirimere, . ne lis ex lite oriatur. Circuity is to be avoided; and it is the role of a good judge to determine (or dispose of) litigations so that one lawsuit may not arise from another. Citatio est de juri naturali. A summons is by natural right. Citationes non concedantur priusquam exprimatur super qua refieri debet citatio. Citations should not be granted before it is stated about what matter the citation is to be made. Clam delinquens magis punitur quam palam. A person who does wrong secretly is punished more severely than one who acts openly. 8 Coke 127. Clam factum id videtur esse, quod quisque, quum con-troversiam haberet, habiturumve se putaret, fecit. That is considered done secretly which someone did when he had a legal dispute or thought he would have one. Clausulae inconsuetae semper inducunt suspicionem. Unusual clauses always arouse suspicion. Clausula generalis de residuo non ea complectitur quae non ejusdem sint generis cum Us quae specialim dicta fuerant. A general clause of remainder does not embrace those things that are not of the same kind as those that had been specially mentioned. Clausula generalis non refertur ad expressa. A general clause does not refer to things expressly mentioned. Clausula quae abrogationem excludit ab initio non valet. A clause that precludes abrogation is invalid from the beginning. Clausula vel dispositio inutilis per praesumptionem remotam vel causam ex post facto non fulcitur. A useless clause or disposition is not supported by a remote presumption or by a cause arising afterwards.* A useless clause or disposition is one that expresses no more than the law byintendment would have supplied; it is not supported by a remote presumption or foreign intendment of some purpose, in regard whereof it might bematerial, orbya cause arising afterwards that may induce an operation of those idle words. Clerici non ponentur in officiiS. The clergy should not be placed in temporal offices. Cogitationis poenam nemo meretur. No one deserves punishment for his thoughts. Cogitationis poenam nemo patitur. No one is punished for his thoughts. Cognomen majorum est ex sanguine tractum, hoc intrinsecum est; agnomen extrinsecum ab eventu. The cognomen is derived from the blood of ancestors and is intrinsic; an agnomen (or honorary title) arises from an event, and is extrinsic. Cohaeredes sunt quasi unum corpus aut una persona censentur, propter unitatem juris quod habent. Coheirs are deemed as one body, or one person, on account of the unity of right that they possess. Cohaeredes una persona censentur, propter unitatem juris quod habent. Coheirs are deemed as one person, on account of the unity of right that they possess. Collegium est societas plurium corporum simul habitan-tium. A college is a society of several people dwelling together. Commenda est facultas recipiendi et retinendi bene} icium contra jus positivum a suprema potestate. A commendam is the power of receiving and retaining a benefice contrary to positive law, by supreme authority. Commercium jure gentium commune esse debet et non in monopolium et privatum paucorum quaestum con-vertendum. Commerce, by the law of nations, ought to be common and not converted into a monopoly and the private gain of a few. Commodum ex injuria sua non habere debet. (The wrongdoer) should not derive any benefit from his own wrong. Communis error facit jus. A common error (one often repeated) makes law. Communis error non facit jus. A common error does not makelaw,* Thismaxim expresses a view directly contradictory to the view of the immediately preceding maxim. Both are attested in legal literature. Compendia sunt dispendia. Abridgments are hindrances. Shortcuts or time-saving measures are often a loss,*Coke continues, Melius est peterefontes. Co. Litt. 305b. Compromissarii sunt judices. Arbitrators are judges. Compromissum ad similitudinem judiciorum redigi-tur. A compromise is brought into affinity with judgments. Conatus quid sit non definitur in jure. What an attempt is, is not defined in law. Concessio per regem fieri debet de certitudine. A grant by the king ought to be made of a certainty.* Coke explains, "If the king grants to me that I shall not be sheriff, without showing of what county, it is void for uncertainty." 9 Coke 46b. Concessio versus concedentem latam interpretationem habere debet. A grant ought to have a liberal interpretation against the grantor. Concordare leges legibus est optimus interpretandi modus. To make laws agree with laws is the bestmode of interpreting them. Concordia parvae res crescunt et opulentia lites. Small means increase by concord and litigations by opulence. Conditio beneficialis, quae statum construit, benigne secundum verborum intentionem est interpretanda; odiosa autem quae statum destruit stricte, secundum verborum proprietatem, accipienda. A beneficial condition that creates an estate ought to be construed favorably, according to the intention of the words; but a condition that destroys an estate is odious and ought to be construed according to the strict sense of the words. Conditio dicitur cum quid in casum incertum qui potest tendere ad esse aut non esse confertur. It is called a condition when something is given for an uncertain event that may or may not come into existence. Conditio illicita habetur pro non adjecta. An unlawful condition is considered unconnected. Conditiones quaelibet odiosae; maxime autem contra matrimonium et commercium. Any conditions are odious, but especially those against matrimony and commerce. Conditio praecedens adimpleri debet prius quam sequatur effectus. A condition precedent ought to be fulfilled before theeffect can follow. Confessio facta in judicio omni probatione major est. A confession made in court is of greater effect than any proof. Confessus in judicio pro judicato habetur et quodam-modo sua sententia damnatur. A person who has confessed his guilt when arraigned is considered to have been tried and is, asit were, condemned by his own sentence. Confirmare est id quod prius infirmum fuit simul firmare. To confirm is to make firm at once what before was not firm. Confirmare nemo potest priusquam jus ei acciderit. No one can confirm before the right accrues to him. Confirmatio est nulla ubi donum praecedens est invalidum. A confirmation is null where the preceding gift is invalid. Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit. Confirmation supplies all defects, even if that which has been done was not valid at the beginning. Confirmat usum qui tollit abusum. One confirms a use who removes an abuse. Conjunctio mariti et feminae est de jure naturae. The union of husband and wife derives from the law of nature. Conscientia dicitur a con et scio, quasi scire cum Deo. Conscience is so called from con and scio, to know, as it were, with God. Consecratio est periodus electionis; electio est praeam-bula consecrationis. Consecration is the termination of election; election is the preamble of consecration. Consensus est voluntas plurium ad quos res pertinet, simul juncta. Consent is the conjoint will of several people to whom the thing belongs. Consensus facit legem. Consent makes law.*A contract constitutes law between the parties agreeing to be bound by it. Consensus, non concubitus, facit matrimonium. Consent, not coition (or sharing a bed), constitutes marriage. Consensus, non concubitus, facit nuptias vel matrimo-nium, et consentire non possunt ante annos nubiles. Consent, and not coition (or sharing a bed), constitutes nuptials or marriage, and persons cannot consent before marriageable years. Consensus tollit errorem. Consent removes an error.* A person cannot object to something he has consented to. [Cases: New Trial C=> 10.] Consensus voluntas multorum ad quos res pertinet simul juncta. Consent is the united will of several interested in one subject matter. Consentientes et agentes pari poena plectentur. Those consenting and those perpetrating will receive the same punishment. Consentire matrimonio non possunt infra (ante) annos nubiles. Persons cannot consent to marriage before marriageable years. Consequentiae non est consequentia. The consequence of a consequence does not exist. Consilia multorum quaeruntur (requiruntur) in magnis. The advice of many is sought in great affairs. Consortio malorum me quoque malum facit. The company of wicked men makes me also wicked. Constitutiones tempore posteriores potiores sunt his quae ipsas praecesserunt. Later laws prevail over those that preceded them. Constitutum esse eam domum unicuique nostrum debere existimari, ubi quisque sedes et tabu/as haberet, suar-umque rerum constitutionemfecisset. It is a settled principle that what ought to be considered the home of each of us is where he has his dwelling, keeps his records, and has established his business. Constructio legis non facit injuriam. The construction of the law does not work an injury. Consuetudo contra rationem introducta potius usur-patio quam consuetudo appellari debet. A custom introduced against reason ought rather to be called a usurpation than a custom. Consuetudo debet esse certa. Custom ought to be fixed. Consuetudo debet esse certa, nam incerta pro nulla (nullius) habetur. Custom ought to be fixed, for if variable it isheld as null (or of no account). Consuetudo debet esse certa, nam incerta pro nullis habentur. A custom should be certain, for uncertain things are held as nothing. _ This maxim is sometimes written Consuetudo debet esse certa, nam incerta pro nulla (nullius) habetur (meaning "custom should be certain, for if uncertain it is held as nothing"). Consuetudo est altera lex. Custom is another law, Consuetudo est optimus interpres legum. Custom is the best expounder of the law. Consuetudo et communis assuetudo vinci! legem non scriptam, si sit specialist et interpretatur legem scriptam, si lexsitgeneralis. Custom and common usage overcome the unwritten law if it is special; and interpret the written law if the law is general. Consuetudo ex certa causa rationabili usitata privat communem legem. Custom observed by reason of a certain and reasonable cause supersedes the common law. Consuetudo, licet sit magnae auctoritatis, nunquam tamen praejudicat manifestae veritati. A custom, even if it is of great authority, is never prejudicial to plain truth. Consuetudo loci observanda est. The custom of the place is to be observed. Consuetudo manerii et loci observanda est. The custom of a manor and place is to be observed. Consuetudo neque injuria oriri neque tolli protest. A custom can neither arise nor be abolished by a wrong. Consuetudo non habitur (trahitur) in consequentiam. Custom is not held as (or drawn into) a precedent. Consuetudo praescripta et legitima vincit legem. A prescriptive and lawful custom overrides the law. Consuetudo regni Angliae est lexAngliae. The custom of the kingdom of England is the law of England. Consuetudo semel reprobata non potest amplius induci. A custom once disallowed cannot again be introduced. Consuetudo tollit communem legem. Custom takes away the common law. Consuetudo vincit communem legem. Custom overrules common law. Consuetudo volentes ducit, lex nolentes trahit. Custom leads the willing; law drags the unwilling. Contemporanea expositio est optima et fortissima in lege. A contemporaneous exposition is the best and most powerful in the law. • A statute is best explained by follOWing the construction put on it by judges who lived at the time it was made, or soon after. Contestatio litis eget terminos contradictarios. An issue requires terms of contradiction. - That is, there can be no issue without an affirmative on one side and a negative on the other). Contractus est quasi actus contra actum. A contract is, as it were, act against act. Contractus exturpi causa vel contra bonos mores nullus est. A contract founded on a wrongful consideration or against good morals is null. Contractus legem ex conventione accipiunt. Contracts receive legal validity from the agreement of the parties. Contra legem facit qui idfacit quod lex prohibit; in fraudem vero qui, salvis verbis legis, sententiam ejus circumvenit. A person acts contrary to the law who does what the law prohibits; a person acts in fraud of the law who, without Violating the wording, circumvents the intention. Dig. 1.3.29. Contra negantem principia non est disputandum. There is no disputing against one who denies first principles. Contra non valentem agere nulla currit praescriptio. No prescription runs against a person unable to act (or bring an action). [Cases; Limitation of Actions 43,70,95.] Contrariorum contraria est ratio. The reason of contrary things is contrary . Contra veritatem lex nunquam aliquid permittit. The law never allows anything contrary to truth. Contrectatio rei alienae animo furandi est furtum. Touching or taking another's property with an intention of stealing is theft. Conventio omnis intelligitur clausula rebus sic stantibus. Every contract is to be understood as being based on the assumption of things remaining as they were (that is, at the time of its conclusion). Conventio privatorum non potest publico juri derogare. An agreement of private persons cannot derogate from public right. _ That is, it cannot prevent the application of general rules of law, or render valid any contravention of law. Conventio vincit legem. The express agreement of the parties overrides the law. Convicia si irascaris tua divulgns; spretn exolescunt. If you are moved to anger by insults, you spread them abroad; if despised, they die out. Copulatio verborum indicat acceptationem in eodem sensu. Coupling words together shows that they ought to be understood in the same sense. Corporalis injuria non recipit aestimationem de futuro. A personal injury does not receive satisfaction from proceedings yet in the future. Corpus humanum non recipit aestimationem. The person of a human being can have no price put on it. Creditorum appellatione non hi tantum accipiuntur qui pecuniam crediderunt, sed omnes quibus ex qualibet causa debetur. Under the name of creditors are included not only those who have lent money, but also all to whom a debt is owed from any cause. Crescente malitia crescere debet et poena. With increase of malice, punishment ought also to increase. Crimen falsi dicitur, cum quis illicitus, cui non fuerit ad hoea data auctoritas, de sigillo regis rapto vel invento brevia cartasve consignaverit. It is called "crimen falsi" when anyone to whom power has not been given for such purposes has illicitly Signed writs or grants with the king's seal, either stolen or found. Crimen laesae majestatis omnia alia crimina excedit quoad poenam. The crime of treason exceeds all other crimes in its punishment. Crimen omnia ex se nata vitiat. Crime taints everything that springs from it. Crimen trahit personam. The crime brings with it the person. - That is, the commission of a crime gives the courts of the place where it is committed jurisdiction over the person of the offender. Crimina morte extinguuntur. Crimes are extinguished by death. Cuicunque aliquis quid concedit concedere videtur et id sine quo res ipsa esse non potuit. One who grants something to another grants also that without which the thing granted could not exist. - Ihis maxim is also sometimes written Cuicunque aliquid conceditur, conceditur etiam et id sine quo res ipsa non esse potuit (meaning "To whomever anything is granted, that also is granted without which the thing itself could not exist"). Cui jurisdictio data est, ea quoque concessa esse videntur sine quibus jurisdictio explicari non potest. To whom jurisdiction is given, those things also are considered to be granted without which the jurisdiction cannot be exercised. - That is, the grant of jurisdiction implies the grant of all powers necessary to its exercise. Cui jus est donandi eidem et vendendi et concedendi jus est. A person who has a right to give has also a right to sell and to grant. Cuilibet in arte sua perito est credendum. Credence should be given to a person skilled in his art (that is, when speaking of matters connected with that art). Cuilibet licet juri pro se introducto renunciare. Anyone may waive orrenounce the benefit of a principle or rule of law that exists only for his protection. Cui licet quod majus non debet quod minus est non lkere. A person who has authority to do the more important act ought not to be debarred from doing what is of less importance. Cui pater est populus non habet ille patrem. That person to whom the people is father has not a father. Cuique in sua arte credendum est. Everyone is to be believed in his own area ofexpertise. [Cases: Evidence <>508.] Cujus est commodum, ejus debet esse incommodum. Ihe person who has the advantage should also have the disadvantage. Cujus est commodum, ejus est onus. The person who has the benefit has also the burden. Cujus est dare, ejus est disponere. The person who has a right to give has the right of disposition. _ That is, the bestower of a gift has a right to regulate its disposal. Cujus est divisio, alterius est electio. When one of two partieshasthe division (of an estate), the otherhas the choice (of the shares). - In partition between coparceners, where the division is made by the eldest, the rule in English law is that she shall choose her share last. Cujus est dominium, ejus est periculum. The risk lies on the owner. Cujus est instituere, ejus est abrogare. Whoever can institute can also abrogate. Cujus est solum, ejus est usque ad coelum. The person who owns the soil owns up to the sky. - One who owns the surface of the ground owns, or has an exclusive right to everything that is on or above it to an indefinite height. [Cases: Property <>7.j Cujus est solum, ejus est usque ad coelum et ad inferos. Whoever owns the soil owns everything up to the sky and down to the depths. [Cases: Mines and Minerals C=>47; Property C=>7; Waters and Water Courses lOL] Cujus juris (i.e., jurisdictionis) est principale, ejusdem juris erit accessorium. A n accessory matter is subject to the same jurisdiction as its principaL Cujus per errorem dati repetitio est, ejus consulto dati donatio est. A thing given by mistake can be recovered; if given purposely, it is a gift. Dig. 50.17.53. Cujusque rei potissima pars est principium.The principal part of everything is the beginning. Culpa caret qui scit sed prohibere non potest. A person is free of blame who knows but cannot prevent. Culpae poena par esto. Let the punishment be equal to the crime. Culpa est immiscere se rei ad se non pertinent;. It is a fault for anyone to meddle in a matter not pertaining to him. Culpa lata dolo aequiparatur. Gross negligence is equivalent to fraud. Culpa tenet (teneat) suos auctores. A fault binds (or should bind) its own authors. Cum actio fuerit mere criminalis, institu; poterit ab initio criminaliter vel civiliter. When an action is purely criminal, it can be instituted from the beginning either criminally or civilly. Cum adsunt testimonia rerum, quid opus est verbis? When the proofs of facts are present, what need is there of words? Cum aUquis renunciaverit societati, solvitur societas. When any partner has renounced the partnership, the partnership is dissolved. Cum confitente sponte mitius est agendum. One making a voluntary confession is to be dealt with more leniently. Cum de lucro duorum quaeritur melior est causa possidentis. When there is a question of gain between two people, the cause of the possessor is the better. Cum duo inter se pugnantia reperiuntur in testamento, ultimum ratum est. When two clauses in a will are found to be contradictory, the last in order prevails. Cum duo jura concurrunt in una persona, aequum est ac si essent in duobus. When two rights meet in one person, it is the same as if they were in two persons. Cum in corpore dissentitur, apparetnullam esse accep-tionem. When there is a disagreement in the substance, there is clearly no acceptance. Cum in testamento ambigue aut etiam perperam scriptum, est benigne interpretari, et secundum id quod credible est cogitatum credendum est. When an ambiguous or even an erroneous expression occurs in a will, it should be construedliberally, and in accordance with the testator's probable meaning. Cum legitimae nuptiae factae sunt, patrem tiberi sequ-untur. Children born under a legitimate marriage follow the condition of the father. Cum par delictum est duorum, semper oneratur petitor, et melior habetur possessoris causa. Where two parties are equally at fault, the claimant always is at the disadvantage, and the party in possession has the better cause. Cum quod ago non valet utago, valeat quantum valere potest. When that which I do is of no effect as I do it, let it have as much effect as it can (that is, in some other way). Curatus non habet titulum. A curate has no title (to tithes). Curia cancellariae officina justitiae. The court of chancery is the workshop of justice. Curia parliamenti suis propriis legibus subsistit. The court of parliament is governed by its own laws. Curiosa et captiosa interpretatio in lege reprobatur. An overnice and captious interpretation in the law is rejected. Currit tempus contra desides et sui juris contemptores . Time runs against the indolent and those who are not mindful of their rights. Cursus curiae est lex curiae. The practice of the court is the law of the court. Custome serra prise stricte. Custom shall be construed strictly. Custos statum haeredis in custodia existentis meliorem, non deteriorem, facere potest. A guardian can make the estate of an heir living under his guardianship better, not worse. Damnum sentit dominus. The damage falls on the owner. Damnum sine injuria esse potest. There can be damage without any act of injustice. Dans et retinens nihil dat. One who gives and yet retains (possession) does not give effectually (literally, gives nothing). Da tua dum tua sunt, post mortem tunc tua non sun!. Give the things which are yours while they are yours; after death they are not yours. Datur digniori. It is given to the more worthy. Debet essefinis litium. There ought to be a limit to litigation. Debet quis juri subjacere ubi delinquit. Any offender should be subject to the law of the place where he offends. Debet sua cuique domus esse perfugium tutissimum. Every person's house should be his safest refuge. Debile fundamentum famt opus. A weak foundation frustrates the work (built on it). Debita sequuntur personam debitoris. Debts follow the person of the debtor. • That is, debts belong to no locality andmay be collected wherever the debtor can be found. Debitor non praesumitur donare. A debtor is not presumed to make a gift. Debitorum pactionibus creditorum petitio nee tolli nec minui potest. The creditors' suitcan be neither quashed nor diminished by the contracts of their debtors. Debitum et contractus sunt nullius loci. Debt and contract belong to no particular place. Deceptis, non decipientibus, jura subveniunt. The laws help persons who have been deceived, not those deceiving. Decet (tamen) principem servare leges quibus ipse servatus est. It is proper (nonetheless) for the prince to preserve the laws by which he himself is preserved. Decimae de decimatis solvi non debent. Tithes ought not to be paid from that which is given for tithes. Decimae de jure divino et canonica institutione pertinent ad personam. Tithes belong to the parson by divine right and canonical institution. Decimae non debent solviubi non est annua renovatio, et ex annuatis renovantibus simul semel. Tithes ought not to be paid where there is not an annual renovation, and from annual renovations once only. Decipi quam fallere est tutius. It is safer to be deceived than to deceive. Decreta conciliorum non ligant reges nostros. The decrees of councils do not bind our kings. De facto jus oritur. From fact springs law; law arises from fact. Deficienteuno sanguine, non potest esse haeres. For lack of one blood, he cannot be heir. - Coke explains, "The blood of the father and of the mother are but one inheritable blood, and both are necessary to procreation of an heir." 3 Coke 41. De fide et officio judicis non recipitur quaestio, sed de scientia sive sit error juris sive facti. The good faith and honesty of purpose of a judge cannot be questioned, but his knowledge may be impugned if there is an error either of law or of fact. De jure decimarum, originem ducens de jure patro-natus, tunc cognitio spectat at legem civilem, i.e., communem. With regard to the right of tithes, deducing its origin from the right of the patron, then the cognizance of them belongs to the civil law, Le., common law. De jure judices, de facto juratores, respondent. The judges answer regarding the law, the jury on the facts. Delegata potestas non potest delegari. A delegated authority cannot be delegated. Delegatus non potest delegare. A delegate (or deputy) cannotappoint another. [Cases: Officers and Public Employees C 110; Principal and Agent O™ 54.] Deliberandum est diuquod statuendum est semel. What is to be resolved once and for all should be long delib-eratedon. Delicatus debitor est odiosus in lege. A luxurious debtor is hateful in the law. Delinquens per iram provocatus puniri debet mitius. A wrongdoer provoked by anger ought to be punished less severely. 3 Co. lnst. 55. De majori et minor; non variant jura. Concerning greater andlesser, rights do not vary (orjustice does vary). De minimis non curat lex. The law does not notice or concern itself with trifling matters. [Cases: Common Law C 9.! De molendino de novo erecto non jacet prohibitio. A prohibition does not lie against a newly erected mill. De morte hominis nulla est cunctatio longa. When the death of a human being is concerned, no delay is long. Denominatio fieri debet a dignioribus. Denomination should be made from the more worthy. De nomine proprio non est curandum cum in substantia non erretur; quia nomina mutabilia sunt, res autem immobiles. Asto the proper name, it is not to be regarded when there is no error in substance; because names are changeable, but things are immutable. De non apparentibus et non existentibus eadem est ratio. The rule is the same respecting things that do not appear and things that do not exist. De nullo quod est sua natura indivisibile et divisionem non patitur nullam partem habebit vidua, sed sat-isfaciat ei ad valentiam. A widow shall have no part from that which in its own nature is indivisible and is not susceptible of division; but let (the heir) satisfy her with an equivalent. De nullo tenemento, quod tenetur ad terminum, fit homagii; fit tameninde fidelitatis sacramentum. For no tenement that is held for a term is there the oath of homage, but there is the oath of fealty. Derivativa potestas non potest esse major primitiva. Power that is derived cannot be greater than that from which it is derived. Derogatur legi cum pars detrahitur; abrogatur legi, cum prorsus tollitur. There is derogation from a law when part of it is taken away; there is abrogation of a law when it is abolished entirely. Designatio justiciariorum est a rege; jurisdictio vero ordinaria a lege. The appointment ofjustices is by the king, but their ordinary jurisdiction is by the law. Designatio unius est exclusio alterius, et expressum facit cessare tacitum. The designation of one is the exclusion of the other; and what is expressed prevails over what is implied. De similibus ad similia eadem ratione procedendum est. From like things to like things we are to proceed by the same rule. • That is, we are allowed to argue from the analogy of cases. De similibus idem est judicium. Concerning like things the judgment is the same. Destruere, id quod prius structum, et factum fuit, penitus evertere et diruere. To destroy that which was previously built and made is utterly to overturn and wreck it; to destroy is to overturn and demolish what was built and done before. - This is a maxim cited against any type of revolutionary action. Deus solus haeredem facere potest, non homo. God alone, and not man, canmake an heir. Dies dominicus non est juridicus. Sunday is not a judicial day. [Cases: Sunday C:=> 1, 30.] Dies inceptus pro completo habetur. A day begun is held as complete. Dies incertus pro conditione habetur. An uncertain day is considered as a condition. Dilationes in lege sunt odiosae. Delays in law are odious. Discretio est discernere per legem quid sit justum. Discretion is to discern through law what is just. Discretio est scire per legem quid sit justum. Discretion consists in knowing what is just in law. Disparata non debent jungi. Dissimilar things ought not to be joined. Dispensatio est mali prohibiti provida relaxatio, utili-tate seu necessitate pensata; et est de jure domino reg; concessa, propter impossibilitatem praevidendi de omnibus particularibus. A dispensation is the provident relaxation of a malum prohibitum weighed from utility or necessity; and it is conceded by law to the king on account of the impossibility of foreknowledge concerning all particulars. Dispensatio est vulnus, quod vulnerat jus commune. A dispensation is a wound, because it wounds a common right. Disseisinam satis facit qui uti non permittit possessorem, vel minus commode, licet omnino non expellat. A person commits disseisin ifhe does not permit the possessor to enjoy, or makes the possessor's enjoyment less useful, even if the disseisor does not expel the possessor altogether. Co. Litt. 331. Dissimilium dissimilis est ratio. Of dissimilars the rule is dissimilar. Dissimulatione tollitur injuria. Injury is wiped out by reconciliation. Distinguenda sunt tempora; aliud est facere, aliud per-ficere. Times must be distinguished; it is one thing to do a thing, another to complete it. Distinguenda sunt tempora; distingue tempora, et con-cordabis leges. Times are to be distinguished; distinguish times, and you will harmonize laws. Divinatio, non interpretatio, est quae omnino recedit a litera. It is a guess, not interpretation, that altogether departs from the letter. Divortium dicitur a divertendo, quia vir divertitur ab uxore. Divorce is so called from divertendo, because a man is diverted from his wife. Dolo facit qui petit quod redditurus est. A person acts with deceit who seeks what he will have to return. Dolo malo pactum se non servabit. A pact made with evil intent will not be upheld. • This maxim is sometimes written Dolo malo pactum se non servaturum (meaning "an agreement induced by fraud will not stand"). Dolosus versatur in generaIibus. A deceiver deals in generalities. Dolum ex indiciis perspicuis probari convenit. Fraud should be proved by clear proofs. Dolus auctoris non nocet successori. The fraud of a predecessor does not prejudice the successor. Dolus circuitu non purgatur. Fraud is not purged by circuity. Dolus est machinatio, cum aliud dissimulat aliud agit. Deceit is an artifice, since it pretends one thing and does another. Dolus et fraus nemini patrocinentur (patrocinari debent). Deceit and fraud should excuse or benefit no one (they themselves require some excuse). Dolus et fraus una in parte sanari debent. Deceit and fraud should always be remedied. Doluslatet ingeneralibus. Fraud lurks in generalities. • This maxim is also sometimes written Dolus versatur in generalibus (meaning "fraud deals in generalities"). Dominium non potest esse in pendenti. lhe right of property cannot be in abeyance. Dominus capitalis loco haeredis habetur, quoties per defectum veldelictum extinguitur sanguis sui tenentis. The supreme lord takes the place of the heir, as often as the blood of the tenant is extinct through deficiency or crime. Dominus non maritabit pupillum nisi semel. A lord cannot give a ward in marriage but once. Dominus rex nullum habere potest parem, multo minus superiorem. The king cannot have an equal, much less a superior. Domus sua cuique est tutissimum refugium. Everyone's house is his safest refuge. Domus tutissimum cuique refugium atque receptacu-lum sit. Ever yone's house should be his safest refuge and shelter. Dona clandestina sunt semper suspiciosa. Clandestine gifts are always suspicious. Donari videtur quod nullo jure cogente conceditur. That is considered to be given which is granted when no law compels. Donatio non praesumitur. A gift is not presumed. Donationum alia perfecta, alia incepta et non perfecta; ut sidonatio lecta fuit et concessa, ac traditionondum fuerit subsecuta. Some gifts are perfect, others incipient and not perfect; for example, if a gift were read and agreed to, but delivery had not then followed. Donatio perficitur possessione accipientis. A gift is rendered complete by the possession of the receiver. Donatio principis intelligitur sine praejudicio tertii. A gift of the prince is understood without prejudice to a third party. Donator nunquam desinit possidere antequam dona-tarius incipiat possidere. A donor never ceases to have possession until the donee obtains possession. Dormiunt aliquando leges, nunquam moriuntur. Laws sometimes sleep but never die. Dos de dote peti non debet. Dower ought not to be sought from dower. Dos rationabilis vel legitima est cujuslibet mulieris de quocunque tenemento tertia pars omnium terrarum et tenementorum, quae vir suus tenuit in dominio suo ut de feodo, etc. Reasonable or legitimate dower belongs to every woman of a third part of all the lands and tenements of which her husband was seisedin his demesne, as of fee, etc. Doti lex favet; praemium pudoris est, ideo parcatur. The law favors dower; it is the reward of chastity; therefore let it be preserved. Do ut des. I give that you may give. Do ut facias. I give that you may do. Droit ne done pluis que soit demaunde. The law gives no more than is demanded. Droit ne poet pas morier. Right cannot die. Duas uxores eodem tempore habere non licet. It is not lawful to have two wives at one time. Duo non possunt in solido unam rem possidere. Two cannot possess one thing each in entirety. Duorum in solidum dominium vel possessio esse non potest. Ownership or possession in entirety cannot belong to two persons. Duo sunt instrumenta ad omnes res aut confirmandas aut impugnandas, ratio et auctoritas. There are two instruments for confirming or impugning everything: reason and authority. Duplicationem possibilitatis lex non pamur. The law does not allow a duplication of possibility. Eadem causa diversis rationibus coram judicibus eccle-siasticis et secularibus ventUatur. The same cause is argued on different principles before ecclesiastical and secular judges. Eadem est ratio, eadem est lex. (If) the reason is the same, the law is the same. Eadem mens praesumitur regis quae est juris et quae esse debet, praesertim in dubiis. Themind of the sovereign is presumed to be the same as that of thelaw, and the same as what it ought to be, especially in ambiguous matters. Ea est accipienda interpretatio quae vitio caret. That interpretation is to be received that is free from fault. Ea quae commendandi causa in venditionibus dicuntur, si palam appareant venditorem non obligant. Those things that, by way of commendation, are stated at sales, if they are openly apparent, do not bind the seller. Ea quae dari impossibilia sunt, vel quae in rerum natura non sunt, pro non adjectis habentur. Those things that cannot be given, or that are not in the nature of things, are considered as not added (as no part of the agreement). Ea quae in curia nostra rite acta sunt debitae execu-tionidemandari debent. Those things that are properly transacted in our court ought to be committed to a due execution. Ea quae raro accidunt non temere in agendis negotiis computantur. Those things that rarely happen are not to be taken into account in the transaction of business, without sufficient reason. Ecclesia ecclesiae decima solvere non debet. A church should not pay tithes to a church. Eccles;a est domus mansionalis omnipotentis dei. The church is the mansion house of the omnipotent God. Ecclesia estinfra aetatem et in custodia domini regis, qui tenetur jura et haereditates ejusdem manu tenere et defendere. The church is underage and in the custody of the king, who is bound to uphold and defend its rights and inheritances. Ecclesia fungitur vice minoris; meliorem conditionem suam facere potest, deteriorem nequaquam. The church enjoys the privilege of a minor; it can make its own condition better but not worse. Ecclesiae magis favendum est quam personae. The church is to be more favored than the parson (or an individual). Ecclesia meliorari non deteriorari potest. A church can (lawfully) be improved but not made worse. Ecclesia non moritur. The church does not die. Eifectus sequitur causam. The effect follows the cause. Ei incumbit probatio qui dicit, non qui negat . The burden of the proof rests on the person who affirms, not the one who denies. [Cases: Evidence G'=>92.J Ei nihil turpe, cui nihil satis. Nothing is immoral to the person to whom nothing is enough. Eisdem modis dissolviturobligatio quae nascitur ex contractu, vel quasi, qUibus contrahitur. An obligation that arisesfrom a contract or quasi contractis dissolved in the same ways in which it is contracted. Ejus est interpretari cujus est condere. It is that person's to interpret whose it is to enact. Ejus est nolie, qui potest velie. A person who can will (exercise volition) has a right to refuse to will (withhold consent). Ejus est non nolle qui potest velie. A person may consent tacitly who can consent expressly. Ejus est periculum cujus est dominium aut commodum. He who has the dominion or advantage has the risk. Ejus nulla culpa est cui parere necesse sit. No guilt attaches to a person who is compelled to obey. Electa una via, non datur recursus ad alteram. When one way has been chosen, no recourse is given to another. Electio est interna tibera et spontanea separatio unius rei ab alia, sine compulsione, consistens in animo et voluntate. Choice is an internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will. Electiones fiant rite et libere sine interruptione aliqua. Let choices be made in due form and freely, without any interruption. Eledio semel facta, et placitum testatum , non patitur regressum. A choice once made, and a plea witnessed (or intent shown), allows no going back. Eleetio semel facta non patitur regressum. An election once made cannot be recalled. Emptor emit quam minimo potest; venditor vendit quam maximo potest. The buyer buys for as little as possible; the vendor sells for as much as possible. En eschange il covient que les estates soient egales. In an exchange it isdesirable that the estates be equal. Enitia pars semper praeferenda est propter privilegium aetatis. The part of the elder sister is always to be preferred on account of the privilege of age. Enumeratio infirmat regulam in casibus non enumera-tis. Enumeration disaffirms the rule in cases not enumerated. Enumeratio unius est exclusio alterius. Spedfication of one thing is an exclusion of the other. Eodem ligamine quo ligatum est dissolvitur. An obligation is dissolved by the same bond by which it is contracted. Eodem modo quo oritur, eodem modo dissolvitur. It is discharged in the same way as it is created. Eodem modo quo quid constituitur, dissolvitur. In the same way as anything is constituted, it is dissolved (or destroyed). 6 Coke 53. Eodem modo quo quid constituitur, eodem modo destru-Uur. In the same way in which something is consti- , tuted, it may be destroyed. Episcopus alterius mandato quam regis non tenetur obtemperare. A bishop need not obey any mandate save the king's. Equitas sequitur legem. Equity follows the law. Errores ad sua principia referre est refellere. To refer errors to their origin is to refute them. Errores scribentis nocere non debent. The mistakes of the scribe (or copyist) ought to do no harm. Errorfucatus nuda veritate in multis est probabilior; et saepenumero rationibus vincit veritatem error. Error artfully colored is in many instances more probable than naked truth; and frequently error conquerstruth by argumentation. Error juris nocet. An error onaw injures. Error nominis nunquam nocet, si de identitate rei constat. Mistake in the name never injures if the identity of the thing is certain. Error qui non resistitur approbatur. An error that is not resisted is approved. Error scribentis nocere non debet. The error of a scribe (or copyist) ought not to injure. Erubescit lex filios castigare parentes. The law blushes when children correct their parents. Est aliquid quodnon oportetetiam si licet; quicquid vero non licet certe non oportet. There is that which is not proper, even though permitted; but whatever is not permitted is certainly not proper. Est autem jus publicum et privatum quod ex naturalibus praeceptis aut gentium aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege Angliae rectum esse dicitur. Public and private law is that which is collected either from natural precepts of the (law of) nations or from civil precepts; and that which in the civil law is calledjus is said in the law of England to be right. Co. Litt. 558. Est autem vis legem simulans. Violence may also put on the mask of law. Est boni judicis ampliare jurisdictionem. It is the role of a good judge to extend the jurisdiction. Est ipsorum legislatorum tanquam viva vox. The voice of the legislators themselves is like a living voice. -'iliat is, the provisions of a statute are to be understood and interpreted as practical rules for real circumstances. Coke adds, Rebus et non verbis legem imponimus. 10 Coke 101. Estoveria sunt ardendi , arandi, construendi et clau-dendi. Estovers (tenants' rights to material at hand) are for burning, plowing, building, and fencing. Est quiddam perfectius in rebus licitis. There is something more perfect inthings that are permitted. Eum qui nocentem infamat, non est aequum et bonum ob eam rem condemnari; delicta enim nocentium nota esse oportet et expedit. It isnot just and proper that one who speaks ill of a bad person should be condemned on that account; for it is fitting and expedient that the wrongdoings of bad people should be known. Eventus est qui ex causa sequitur; etdicitur eventus quia ex causis evenit. An event is what follows from a cause; and is called an event, because it results from causes. Eventus varios res nova semper habet. A novel matter always produces various results. Ex antecedentibus et consequentibus fit optima inter-pretatio. The best interpretation is made from what precedes and what follows. [Cases: Wills C=>470.) Exceptio ejus rei cujus petitur dissolutio nulla est. There is no exception based on the very matter for which a solution is being sought. Exceptio falsi est omnium ultima. The exception for falsehood is last of alL Exceptio firmat regulam in casibus non exceptis. An exception affirms the rule in cases not excepted. Exceptiofirmat regulam in contrarium. An exception affirms a rule to the contrary. Exceptio nulla est versus actionem quae exceptionem perimit. There is no exception against an action that extinguishes the exception. Exceptio probat regulam de rebusnon exceptis. Anexcep-tion proves a rule concerning things not excepted. Exceptio quae firmat legem exponit legem. An exception that confirms the law expounds the law. Exceptio quoque regulam dec1arat. The exception also declares the rule. Exceptio semper ultima ponenda est. An exception is always to be put last. Excessus in jure reprobatur. Excess in law is condemned. Excessus in requalibetjure reprobatur communi. Excess in anything at all is condemned by common law. Excusat aut extenuat delictum in capitalibus, quod non operatur idem in civilibus. That excuses or extenuates a wrong in capital causes which does not have the same effect in civil suits. Ex diuturnitate temporis omnia praesumuntur solen- niter esse acta. From length of time, all things are presumed to have been done in due form. Ex dolo malo non oritur actio. An action does not arise from a fraud. [Cases: Action C=>4.] Executio est executio juris secundum judicium. Execution is the execution of the law according to the judgment. Executio est finis etfructus legis. Execution of the law is its end and fruition. Executio legis non habet injuriam. Execution of the law cannot work an injury. Exempla illustrant, non restringunt, legem. Examples make the law clearer, and do not restrict it. Exfacto jus oritur. The law arises out of the fact. Ex frequenti delicto augetur poena. Punishment increases with repeated offense. 2 Co. Inst. 479. Ex maleficio non oritur contractus. A contract does not arise out of an illegal act- Ex malis moribus bonae leges natae sunt. Good laws are born from evil morals. Ex multitudine signorumcolligituridentitas vera. From a great number of signs true identity is ascertained. Ex nihilo nihil fit. From nothing nothing comes. Ex non scripto jus venit quod ususcomprobavit. Unwritten law is that which custom has sanctioned. Ex nudo pacto non oritur actio. No action arises on a contract without a consideration. [Cases: Contracts <Q^>47j Expacto illicito non oritur actio. From an illicit contract no action arises. Expedit rei publicae ne sua re quis male utatur. It is to the advantage of the state that a person should not make bad use of his own property. Expedit rei publicae ut sit finis litium. It is to the advantage of the state that there should be a limit to litigation. Experientia per varios actus legemfacit. Experience through various actsmakes law. Expositio quae ex visceribus causae nascitur, est aptis-sima etfortissima in lege. An exposition that springs from the vitals of a cause is the fittest and most powerful in law. Ex praecedentibus et consequentibus est optima inter-pretatio. The best interpretation takes account of what precedes and follows. Expressa nocent, non expressa non nocent. Things expressed do harm;things not expressed do not. Expressa non prosunt quae non expressa proderunt. There is no benefit in expressing what will benefit when unexpressed. Expressio eorum quae tacite insunt nihil operatur. The expression of those things that are tacitly implied is of no consequence. Expressio unius est exclusio alterius. The expression of one thing is the exclusion of another. • Also termed Indusio unius est exclusio alterius or enumeratio unius est exclusio alterius. [Cases: Contracts C=> 152; Statutes <0::>195.] Expressumfacit cessare tacitum. Something expressed nullifies what is unexpressed. [Cases: Constitutional Law C=>594; Statutes C=> 195.] Ex procedentibus et consequentibus optima fit interpre-tatio. The best interpretation is made from things proceeding and following (i.e., the context). [Cases: Wills C=>470.] Exterus non habet terras. An alien holds no lands. Extincto subjecto, tollitur adjunctum. When the sub- stance is gone, the adjunct disappears. Extortio est crimen quando quis colore officii extorquet quod non est debitum, vel supra debitum, vel ante tempus quod est debitum. Extortion is a crime when, by color of office, any personextortswhat is not due, or more than due, or before the time when it is due. Ex tota materia emergat resolutio. The construction or explanation should arise out of the whole subject matter. Extra legem positus est civiliter mortuus. An outlaw is dead as a citizen. Extraneus est subditus qui extra terram, i.e. potestam regis, natus est. A foreigner is a subject who is born out of the territory — that is, the jurisdiction — of the king. Extra territorium jus dicenti impune non paretur. One who gives a judgment outside his jurisdiction is disobeyed with impunity. • There is no punishment for disobeying. Dig. 2.1.20. Extra territorium jus dicenti non paretur impune. One who gives a judgment outside his jurisdiction is not obeyed with impunity. • Anyone who executes such a judgment may be punished. 10 Coke 77. Extremis probatis praesumuntur media. Extremeshaving been proved, intermediate things are presumed. Ex turpi causa non oritur actio. No action arises out of a consideration. [Cases: Action Contracts 138.] Ex turpi contractu non oritur actio. No action arises from a wrongful contract. Facinus quos inquinat aequat. Guilt makes equal those whom it stains. Facio ut des. I do that you may give. Facio ut facias. I do that you may do. Facta sunt potentiora verbis. Deeds (or facts) are more powerful than words. Facta tenent multa quaefieri prohibentur. Deeds contain many things that are prohibited to be done. Factum a judice quod ad ejus officium non spectat, non ratum est. A judge's act that does not pertain to his office is of no force. Factum cuique suum, non adversario, nocere debet. Anyone's actshould injure himself, not his adversary. Factum infectum fieri nequit. What is done cannot be undone. Factum negantis nulla probatio. No proof is incumbent on a person who denies a fact. Factum non dicitur quod non perseverat. That is not said to be done which does notlast. Factum unius alteri nocere non debet. The deed of one should not hurt the other. Facturi quod ad justitiam pertinet secundum legem, et consuetudinem Angliae. (One is bound) to do justice according to the law and custom of England .•This was once a part of judicial oaths. Facultas probationum non est angustanda. The capability of offering proofs is not to be narrowed. Falsa causa non nocet. A false motive does no injury. • Generally, an erroneous motive does not invalidate. Falsa demonstratione legatum non perimi. A legacy is not destroyed by an incorrect description. _ This maxim is sometimes written Falsa demonstratione [egatum non perimitur (same sense). Faisa demonstratio non nocet, cum de corpore (persona) constat. False description does not injure or vitiate, provided the thing or person intended has once been sufficiently described. • Mere false description does not make an instrument inoperative. [Cases: Deeds 0^42; Wills (;::::>520,581.] Falsa grammatica non vitiat chartam. False grammar does not vitiate a charter. Falsa grammatica non vitiat concessionem. False or bad grammar does not vitiate a grant. - Neither false Latin nor false English will make a deed void when the intent of the parties plainly appears. Falsa orthographia sive falsa grammatica non vitiat concessionem. Error in spelling or grammar does not vitiate a grant. Falsus in uno, falsus in omnibus. False in one thing, false in everything. [Cases: Trial C^»236(2); Witnesses 317.] Fama,fides, et oculus non patiuntur ludum. Reputation, plighted faith, and eyesight do not endure deceit. Fama, quae suspicionem inducit, oriri debet apud bonos et graves, non quidem malevolos et maledicos, sed providas etfide dignas personas, non semel sed saepius, quia clamor minuit et defamatio manifestat. Report, which induces suspicion, ought to arise from good and grave men; not, indeed, from malevolent and malicious men, but from cautious and credible persons; not only once, but frequently, tor damar diminishes, and defamation manifests. Fatetur facinus qui judiciumfugit. A person who flees judgment confesses guilt. Fatuus, apud jurisconsultos nostros, accipitur pro non compos mentis; et fatuus dicitur, qui omnino desipit. "Fatuous," among our jurisconsults, is applied to a man not of sound mind; one is also called "fatuous" who is altogether foolish. Fatuus praesumitur qui in proprio nomine errat. A person is presumed to be incompetent who makes a mistake in his own name (that is, does not know his own name). Favorabilia in lege suntfiscus, dos, vita, libertas. The treasury, dower, life, and liberty are things favored in law. Favorabiliores rei potius quam actores habentur. Defendants are rather to be favored than plaintiffs. Favorabilioressunt executiones aliis processibus quibus-cunque. Executions are preferred to all other processes whatever. Favores ampliandi sunt; odia restringenda. Favorable inclinations are to be enlarged; animosities restrained. Felix qui potuit rerum cognoscere causas. Happy is he who could apprehend the causes of things. Felonia, ex vi termini, significat quodlibet capitale crimen felleo animoperpetratum. Felony, by force of the term, signifies any capital crime perpetrated with a malicious intent. Felonia implicatur in quolibet proditione. Felony is implied in every treason. Feodum est quod quis tenet exquacunque causa, sive sit tenementum sive redditus. A fee is what anyone holds from whatever cause, whether tenement or rent. Feodum simplex quia feodum idem est quod haereditas, et simplex idem est quod legituum vel purum; et sic feodum simplex idem est quod haereditas legitima vel haereditas pura. "Fee Simple" is so called because fee is the same as inheritance and simple is the same AppendixB 1832 as lawful or pure; and thus fee simple is the same as a lawful inheritance or a pure inheritance. Fere secundum promissorem interpretamur. We generally interpret in favor of the promisor. Festinatio justitiae est noverca infortunii. The hurrying of justice is the stepmother of misfortune. Fiat justitia pereat mundus. Let justice be done though the world perish. Fiat justitia ruat caelum. Let justice be done though the heavens fall. • The word caelurn sometimes appears coelum, but the form cae/urn is considered better Latin. Fiat proutfieri consuevit, nil temere novandum. Let it be done as it is accustomed to be done; let no innovation be made rashly. Fictio cedit veritati; fictio juris non est ubi veritas. Fiction yields to truth; where the truth appears, there is no fiction of law. Fictio est contra veritatem, sed pro veritate habetur. Fiction is contrary to the truth, but it is regarded as truth. Fictio juris non est ubi veritas. Where truth is, fiction of law does not exist. Fictio legis inique operatur alicui damnum vel injuriam. Fiction of law works unjustly if it works loss or injury to anyone. Fictio legis neminem laedit. A fiction of law injures no one. Fides est obligatio conscientiae alicujus ad intentionem alterius. Faith is an obligation of conscience of one to the will of another. Fides servanda est. Faith must be observed .•An agent must not violate the confidence reposed in him or her. Fides servanda est; simplicitas juris gentium praevaleat. Faith is to be preserved; the simplicity of the law of nations should prevail. Fieri non debet, sed factum valet. It ought not to be done, but if done it is valid. Filiatio non potest probari. Filiation cannot be proved. • That is, the husband is presumed to be the father of a child born during coverture. Filius est nomen naturae, sed haeres nomen juris. "Son" is a name of nature, but "heir" a name of law. Filius in utero matris est pars viscerum matris. A child in the mother's womb is part of the mother's vitals. Finis est amicabilis compositio et finalis concordia ex concensu et concordia domini regis vel justiciarum. A fine is an amicable settlement and decisive agreement by consent and agreement of our lord, the king, or his justices. Finisfinem litibus imponit. A fine puts an end to litigation. Finis rei attendendus est. The end of a thing is to be attended to. Finis unius diei est principium alterius. The end of one day is the beginning of another. Firmior et potentior est operatio legis quam disposi-tio hominis. The operation of law is firmer and more powerful than the will of man. Flumina et portus publica sunt, ideoque jus piscandi omnibus commune est. Rivers and ports are public; and therefore the right of fishing is common to all. Foeminae ab omnibus officiis civilibus vel publicis remotae sunt. Women are excluded from all civil and public charges or offices. Foeminae non sunt capaces de publicis officiis. Women are not qualified for public offices. Forma dat esse. Form gives being. Forma legalis forma essentialis. Legal form is essential form. Forma non observata, infertur adnullatio actus. When form is not observed, a nullity of the act is inferred. Forstellarius est pauperum depressor, et totius commu-nitatis et patriae publicus inimicus. A forestaller is an oppressor of the poor, and a public enemy of the whole community and the country. Fortior est custodia legis quam hominis. The custody of the law is stronger than that of man. Fortior et potentior est dispositio legis quam hominis. The disposition of the law is stronger and more powerful than that of man. Fractionem diei non recipit lex. The law does not regard a fraction of a day. Frater fratri uterino non succedit in haereditate paterna. A brother shall not succeed a uterine brother in the paternal inheritance. Fraus est celare fraudem. It is a fraud to conceal a fraud. Fraus est odiosa et non praesumenda. Fraud is odious and not to be presumed. Fraus et dolus nemini patrocinari debent. Fraud and deceit should excuse no one. Fraus et jus nunquam cohabitant. Fraud and justice never dwell together. Fraus latet in generalibus. Fraud lies hidden in general expressions. Fraus meretur fraudem. Fraud deserves fraud. Frequentia actus multum operatur. The frequency of an act has much effect. • Continual usage establishes a right. Fructus augent haereditatem. Fruits enhance an inheritance. Fructus pendentes pars fundi videntur. Hanging fruits are considered part of the parcel of land. Fructusperceptos villae non esse constat. It is agreed that gathered fruits are not a part of the farm. Frumenta quae sata sunt solo cedere intelliguntur. Grain that has been sown is understood to belong to the soil. Frustra agit qui judicium prosequi nequit cum effectu. A person sues in vain who cannot prosecute his judgment with effect. Frustra est potentia quae nunquam venit in actum. Power that never comes to be exercised isuseless. Frustra expectatur eventus cujus effectus nullus sequitur. An event is vainly awaited from which no effect follows. Frustra feruntur leges nisi subditis et obedientibus. Laws are made to no purpose except for those who are subject and obedient. Frustra fit per plura quod fieri potest per pauciora. That is done vainly through many measures if it can be accomplished through fewer. Frustra legis auxilium quaerit qui in legem committit. Vainly does a person who offends against the law seek the help of the law. Frustra petis quod mox es restiturus. Vainly you seek what you are soon to restore. Frustra petis quod statim alter; reddere cogeris. Vainly you seek what you will immediately be compelled to give back to another. Frustra probaturquod probatum non relevat. It is useless to prove what if proved would not aid the matter in question. Furiosi nulla voluntas est. An insane person has no will. Furiosus absentis loco est. An insane person is considered as absent. Furiosus nullum negotium contrahere (gerere) potest (quia non intelligit quod agit). An insane person cannot make a contract (because he does not understand what he is dOing), Furiosus solo furore punitur. An insane person is punished by insanity alone. Furiosus stipulari non potest nec aliquod negotium agere, qui non intelligit quid agit. An insane person who knows not what he does cannot make a bargain or transact any business. Furor contrahi matrimonium non sinit, quia consensu opus est. Insanity prevents marriage from being contracted, because consent is needed. Furtum est contrectatio rei alienae fraudulenta, cum animo furandi, invitoillo dominocujusres illa fuerat. Theft is the fraudulent handling of another's property, with an intention of stealing, against the will of the proprietor, whose property ithad been. Furtum non est ubi initium habet detentionis per dominium rei. There is not theft where the holder has a beginning of detention (began holding the object) through ownership of the thing. Generale dictum generaliter est interpretandum. A general expression is to be construed generally. Generale dictum generaliter est interpretandum: gen-eralia verba sunt generaliter intelligenda. A general statement is to be construed generally: general words are to be understood generally. Generale nihil certi implicat. A general expression implies nothing certain. Generale tantum valet in generalibus quantum singu-lare in singulis. What is general has as much validity among things general as what is particular does among things particular. Generalia praecedunt, specialia sequuntur. Things general precede; things special follow. Generalia specialibus non derogant. Things general do not restrict (or detract from) things special. [Cases: Statutes (;::::;162, 194.] Generalia sunt praeponenda singularibus. General things are to be put before particular things. Generalia verba sunt generaliter intelligenda. General words are to be understood in a general sense. Generalibus specialia derogant. Things special restrict things general. Generalis clausula non porrigitur ad ea quae antea specialiter sunt comprehensa. A general clause does not extend to those things that have been previously provided for specifically. Generalis regula generaliter est inteIligenda. A general rule is to be understood generally. Glossa viperina est quae corrodit viscera textus. It is a poisonous gloss that gnaws away the vitals of the text. Grammatica falsa non vitiat chartam. False grammar does not vitiate a deed. Gravius est divinam quam temporalem laedere majestatem. It is more serious to hurt divine than temporal majesty. Habemus optimum testem, confitentem reum. We have the best witness, a confessing defendant. Haeredem Deus faeit, non homo. God, and not man, makes the heir. Haeredipetae suo propinquo vel extraneo, periculoso sane custodi, nullus committatur. Let no ward be entrusted to the next heir in succession, whether his own relation or a stranger, as the next heir is surely a dangerous guardian. Co. Litt. 88b. Haereditas est successio in universum jus quod defunc-tus habuerat. Inheritance is the succession to every right possessed by the late possessor. Haereditas nihil aliud est quam successio in universum jus, quod defunctus habuerat. The right of inheritance is nothing other than the faculty of succeeding to all the rights of the deceased. Haereditas nunquam ascendit. An inheritance never ascends. Haeredum appellatione veniunt haeredes haeredum in infinitum. By the title of heirs, come the heirs of heirs to infinity. Haeres est alter ipse, et filius est pars patris. An heir is another self, and a son is a part of the father. Haeres est autjure proprietatis autjure representatio-nis. A person is an heir by either right of property or right of representation. Haeres est eadem persona cum antecessore. The heir is the same person as the ancestor. Haeres est nomen collectivum. "Heir" is a collective noun. Haeres est nomenjuris, filius est nomen naturae. "Heir" is a term of law; "son" is one of nature. Haeres est pars antecessoris. An heir is a part of the ancestor. Haeres haeredis mei est meus haeres. The heir of my heir is my heir. Haeres legitimus est quem nuptiae demonstrant. The lawful heir is the one whom the marriage indicates (i.e., who is born in wedlock). Haeres minor uno et viginti annis non respondebit, nisi in casu dotis. An heir under 21 years of age is not answerable, except in the matter of the dower. Hoc servabitur quod initio convenit. That shall be preserved which is useful in the beginning. Home ne sera puny pur suer des briefes en court Ie roy, soit il a droit ou a tort. A person shall not be punished for suing out writs in the king's court, whether the person is right or wrong. Hominum causajus constitutum est. Law was established for the benefit of humankind. Homo et capax et incapax esse potest in diversis tem- poribus. A person may be capable and incapable at different times. • This maxim is sometimes written Homo potest esse habilis et inhabilis diversis temporibus (same sense). Homo vocabulum est naturae; persona juris civilis. "Man" (homo) is a term of nature; "person" (persona), a term of civil law. Hora non est multum de substantia negotii, licet in appello de ea aliquandofiat mentio. The hour is not of much consequence to the substance of business, although in appeal it is sometimes mentioned. Hostes sunt qui nobis vel quibus nos bellum decerni-mus; caeteri proditores vel praedones sunt. Enemies are those on whom we declare war, or who declare it against us; all others are traitors or pirates. Ibi semper debet fieri triatio ubi juratores meliorem possunt habere notitiam. A trial should always be held where the jurors can have the best information. Id certum est quod certum reddi potest. That is certain which can be made certain. Id certum est quod certum reddi potest, sed id magis certum est quod de semetipso est certum. That is certain which can be made certain, but that is more certain which is certain of itself. Idem agens et patiens esse non potest. The same person cannot be both agent and patient (i.e., the doer and person to whom the thing is done). Idem est facere et nolle prohibere cum possis. It is the same thing to commit an act and to refuse to prohibit it when you can. Idem est facere et non prohibere cum possis; et qui non prohibit cum prohibere possit in culpa est (autjubet). It is the same thing to commit an act and not to prohibit it when you can; and he who does not prohibit when he can prohibit is at fault (or does the same as ordering it to be done). Idem est nihil dicere et insufficienter dicere. It is the same thing to say nothing and not to say enough .•To say a thing in an insufficient manner is the same as not to say it at all. Applied to the plea of a prisoner. Idem est non esse et non apparere. It is the same thing not to be as not to appear. • What does not appear on the record is considered nonexistent. Idem est non probari et non esse; non deficit jus sed probatio. It is the same thing not to be proved and not to exist; the law is not deficient but the proof. Idem est scire aut scire debere aut potuisse. To be bound to know or to have been able to know is the same as to know. Idem non esse et non apparere. It is the same thing not to exist and not to appear. Idem semper antecedenti proximo refertur. Idem (the same) always refers to the nearest antecedent. Identitas vera colligitur exmultitudine signorum. True identity is collected from a great number of signs. Id perfectum est quod ex omnibus suis partibus constat. That is perfect which is complete in all its parts. Id perfectum est quod ex omnibus suis partibus constat; . et nihil perfectum est dum aliquid restat agendum. That is perfect which is complete in all its parts; and nothing is perfect while anything remains to be done. Id possumus quod dejure possumus. We are able to do that which we can do lawfully. Id quod est magis remotum non trahit ad se quod est magis junctum, sed e contrario in omni casu. That which is more removed does not draw to itself what is more closely joined, but to the contrary in every case. Id quod nostrum est sinefacto nostro ad alium transferri non potest. What belongs to us cannot be transferred to another without our act (or deed). Id solum nostrum quod debitis deductis nostrum est. That alone is ours which is ours after debts have been deducted. Id tantum possumus quod dejurepossumus. We can do only what we can lawfully do. Ignorantia eorum quae quis scire tenetur non excusat. Ignorance of those things thatanyone isbound to know does not excuse. Ignorantia excusatur non juris sedfacti. Ignorance of fact is excused butnot ignorance oflaw. Ignorantiafacti excusat, ignorantia juris non excusat. Ignorance of fact excuses; ignorance of law does not excuse. • Every person must be considered cognizant of the law; otherwise, there is no limit to the excuse of ignorance. [Cases: Contracts (;::::>93; Criminal 33; Equity (;:6:::> .] Ignorantia judicis est calamitas innocentis. The ignorance of the judge is the misfortune of the innocent. Ignorantia juris non excusat. Ignorance of the law does not excuse. [Cases: Criminal Law 0^32; Equity 7.] Ignorantia juris quod quisque scire tenetur neminem excusat. Ignorance of the law, which everyone is bound to know, excuses no one. Ignorantia juris sui non praejudicat juri. Ignorance of one's right does not prejudice the right. Ignorantia legis neminem excusat. Ignorance of law excuses no one. Ignorantia praesumitur ubi scientia non probatur. Ignorance is presumed where knowledge is not proved. Ignorare legis est lata culpa. To be ignorant of the law is gross neglect of it. Ignoratisterminis artis, ignoraturet ars. Where the terms of an art are unknown, the art is also unknown. Ignoscitur ei qui sanguinem suumqualiter redemptum voluit. A person is forgiven who chose to purchase his own blood (or life) on any terms whatsoever. • Whatever a person may do under the fear of losing life or limb will not be held binding on him in law. 1 Bl. Com. 127. Illud quod alias licitum non est, necessitasfacit licitum, et necessitas inducit privilegium quod jure privatur. That which is not otherwise lawful, necessity makes lawful; and necessity brings in as a privilege what is denied by right. 10 Coke 61. Illud quod alteri unitur extinguitur, neque amplius per se vacare licet. That which is united to another is extinguished, nor can it again be detached. Immobilia situm sequuntur. Immovables follow (the law of) their locality. Imperii majestas est tutelae salus. The majesty of the empire is thesafety of its protection. Imperitia culpae annumeratur. Unskillfulness is reckoned asa fault (as blameworthy conduct orneglect). • Also termed Imperitia enumeratur culpae. Imperitia est maxima mechanicorum poena. Unskillfulness is the greatest punishment of mechanics (Le., from its effect in making them liable to those by whom they are employed). Impersonalitas non concludit nec ligat. Impersonality neither concludes nor binds. Impius et crudelis judicandus est qui libertat; nonfavet. A person is to be judged impious and cruel who does not favor liberty. Impossibilium nulla obligatio est. There is no obligation to perform impossible things. Impotentia excusat legem. Powerlessness excuses (or dispenses with) law. - The impossibility of doing what is required by the law excuses nonperformance or nonenforcement. 2 Bl. Com. 127. Improbi rumores dissipati sunt rebellionis prodromi. Wicked rumors spread abroad are the forerunners of rebellion. Impunitas continuum affectum tribuit delinquendi. Impunity provides a constant inclination to wrongdoing. 4 Coke 45. Impunitas semperad deteriora invitat. Impunity invites (an offender) to ever worse offenses. In aequali jure melior est conditio possidentis. When the partieshave equal rights, the condition of the possessor is the better. In alta proditione nullus potest esse accessorius sed principalis solummodo. In high treason no one can be an accessory but only a principal. In alternativis electio est debitoris. The debtor has the choice among alternatives. In ambigua voce legis ea potius accipienda est significa-tio quae vitio caret; praesertim cum etiam voluntas legis ex hoc colligi possit. In an ambiguous expression of the law, the meaning will be preferred that is free of defect, especially when the intent of the law can be gathered from it. In ambiguis casibus sempter praesumitur pro rege. In doubtful cases the presumption is always in favor of the king. In ambiguis orationibus maxime sententia spectanda est ejus qui eas protulisset. In ambiguous expressions, the opinion (or meaning) of the person who made them is chiefly to be regarded. In ambiguo sermone non utrumque dicimus sed id duntaxat quod volumus. When the language we use is ambiguous, we do not use it in a double sense, but merely in the sense that we intend. In Anglia non est interregnum. In England there is no interregnum. • The heir to the throne is understood to succeed from the instant of his predecessor's death or removal. In atrocioribus delictis punitur affectus licet non sequatur effectus. In the more atrocious crimes, the intent (or attempt) is punished even if the effect does not follow. In casu extremae necessitatis omnia sunt communia. In a case of extreme necessity, every thing is in common. Incaute factum pro non facto habetur. An alteration done carelessly (inadvertently ) will be taken as not done. Dig. 28.4.1. Incendium aere alieno non exuit debitorem. A fire does not release a debtor from his debt. Incerta pro nullis habentur. Things uncertain are considered as nothing. Incerta quantitas vitiat actum. An uncertain quantity vitiates the act. Incivile est, nisi tota lege prospecta, una aliqua par-ticula ejus proposita, judicare vel respondere. It is improper, unless the whole law has been examined, to give judgment or advice on any single clause of it. Incivile est, nisi tota sententia inspecta, de aliqua parte judicare. It is improper to give an opinion on any part of a passage without examining the whole. In civilibus ministerium excusat, in criminalibus non item. In civil matters, agency (or service) excuses, but not so in criminal matters. In daris non est locus conjecturis. In obvious instances there is no room for conjectures. Indusio unius est exdusio alterius. See Expressio unius est exclusio alterius. Incolas domicilium facit. Literally, the domicile makes the residents. • That is, the principal place of residence establishes legal residency. Often rendered conversely, Incola domiciliumfacit (residence creates domicile). In commodata haec pactio, ne dolus praestetur, rata non est. In a loan for use (commodatum), a pact excluding liability for fraud is invalid. • Often extended to contracts for loans in general. Dig. 13.6.17. Incommodum non solvit argumentum. An inconvenience does not solve (or demolish) an argument. In conjunctivis oportet utramque partem esse veram. In conjunctive constructions, each part must be true. In consimili casu consimile debet esse remedium. In a similar case, the remedy should be similar. In consuetudinibus non diuturnitas temporis sed solidi-tas rationis est consideranda. In customs, not length of time but the soundness of the reason should be considered. In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est. In contracts, the interpretation or construction should be liberal; in wills, more liberal; in restitutions, most liberal. In contractibus, rei veritas potius quam scriptura perspici debet. In contracts, the truth of the matter ought to be regarded rather than the writing. In contractibus tacite insunt quae sunt moris et con-suetudinis. In contracts, matters of custom and usage are tacitly implied. • A contract is understood to contain the customary clauses, although they are not expressed. In contrahenda venditione, ambiguum pactum contra venditorem interpretandum est. In the contract of sale, an ambiguous agreement is to be interpreted against the seller. In conventionibus, contrahentium voluntas potius quam verba spectari placuit. In agreements, the intention of the contracting parties should be regarded more than their words. Incorporalia bello non adquiruntur. Incorporeal things are not acquired by war. In criminalibus probationes debent esse luce dariores. In criminal cases, the proofs ought to be clearer than light. In criminalibus sufficit generalis malitia intentionis cum facto paris gradus. In criminal cases, a general wickedness of intention is sufficient if combined with an act of equal or corresponding degree. In criminalibus voluntas reputabitur pro facto. In criminal matters, the intent will be reckoned as the deed. • In criminal attempts or conspiracy, the intention is considered in place of the act. 3 Inst. 106. Inde datae leges ne fortior omnia posset. Laws were made lest the stronger should have unlimited power. Indefinitum aequipollet universali. The undefined is equivalent to the whole. Indefinitum supplet locum universalis. The undefined supplies the place of the whole. Independenter se habet assecuratio a viaggio navis. The route insured is distinct from the voyage of the ship. Index animi sermo. Speech is the index of the mind. • This maxim is also sometimes written Index animi sermo est (and can also be translated as, "Speech is an indication of thought"). Indictment de felony est contra pacem domini regis, coronam et dignitatem suam, in genere et non in indi-viduo; quia in Anglia non est interregnum. Indictment for felony is against the peace of our lord the king, his crown and dignity, in general and not in his individual person; because in England there is no interregnum. In disjunctivis sufficit alteram partem esse veram. In disjunctive constructions, it is sufficient if either part is true. In dubiis benigniora praeferenda sunt. In doubtful cases, the more liberal constructions are to be preferred. In dubiis magis dignum est accipiendum. In doubtful cases, the more worthy is to be accepted. In dubiis non praesumitur pro testamento. In doubtful cases, there is not presumption in favor of the will. In dubio, haec legis constructio quam verba ostendunt. In a doubtful case, the construction of the law is what the words indicate. In dubio, pars mitior est sequenda. In a doubtful case, the gentler course is to be followed. In dubio, pro lege fori. In a doubtful case, the law of the forum (is to be favored). In dubio, sequendum quod tutius est. In a doubtful case, the safer course is to be followed. In eo quod plus sit semper inest et minus. The lesser is always included in the greater. Inesse potest donationi modus, conditio sive causa; ut modus est; si conditio; quia causa. In a gift there may be manner, condition, or cause; as (ut) introduces a manner; if (5i), a condition; because (quia), a cause. In expositione instrumentorum, mala grammatica, quodfieri potest, vitanda est. In the construction of instruments, bad grammar is to be avoided as much as possible. In facto quod se habet ad bonum et malum magis de bona quam de malo lex intendit. In an act (or deed) that may be considered good or bad, the law looks more to the good than to the bad. Infans non multum a furioso distat. An infant does not differ much from a lunatic. In favorabilibus magis attenditur quod prodest quam quod nocet. In things favored, what does good is more regarded than what does harm. In favoremvitae, libertatis, et innocentiae omnia prae-sumuntur.All presumptions are in favor of life, liberty, and innocence. In fictione juris semper aequitas existit. In a fiction of law there is always equity. _ A legal fiction is always consistent with equity. In fictione juris semper subsistit aequitas. In a legal fiction equity always abides (or prevails). Infinitum in jure reprobatur, That which is endless is condemned in law. In generalibus latet error. Error lurks in general expressions. • This maxim is sometimes written Ingenerali- bus versatur error (meaning "error dwells in general expressions"). In genere quicunque aliquid dicit, sive actor sive reus, necesse est ut probat. In general, whoever alleges anything, whether plaintiff or defendant, must prove it. In haeredes non solent transire actiones quae poenales ex maleficiO sunt. Penal actions ariSing from anything of a criminal nature do not pass to heirs. In his enim quae sunt favorabilia animae, quamvis sunt damnosa rebus, fiat aliquando extentio statuti. In things that are favorable to the spirit, though injurious to property, an extension of the statute should sometimes be made. In his quae de jure communi omnibus conceduntur, con-suetudo alicujus patriae vel loci non est alleganda. In those things that by common right are conceded to all, the custom of a particular country or place is not to be adduced. Iniquissima pax est anteponenda justissimo bello. The most unjust peace is to be preferred to the justest war. lniquumest alios permittere, alios inhibere mercaturam. It is inequitable to permit some to trade and to prohibit others to do so. Iniquum est aUquem rei sui esse judicem.lt is unjust for anyone to be judge in his own cause. Iniquum est ingenuis hominibus non esse liberam rerum suarum alienationem. It is unjust for freeborn individuals not to have the free disposal of their own property. In judiciis minori aetati succurritur. In judicial proceedings, allowance is made for a minor (in age). In judicio non creditur nisi juratis. In court no one is trusted except those sworn. In jure non remota causa, sed proxima, spectatur. In law, the proximate, and not the remote, cause is regarded. [Cases: Negligence C=>383.] In jure omnis definitio periculosa est. In law every definition is dangerous. Injuria fit ei cui convicium dictum est, vel de eo factum carmen famosum. An injury is done to the person of whom an insult was said, or concerning whom an infamous song was made. Injuriaillata judici, seu locum tenenti regis, videtur ipsi regi illata, maxime si fiat in exercente officium. An injury offered to a judge, or person representing the king, is considered as offered to the king himself, especially if it is done in the exercise of his office. Injuria non excusat injuriam. A wrong does not excuse a wrong. Injuria non praesumitur. A wrong is not presumed. Injuria propria non cadet beneficium fadentis. No benefit shall accrue to a person from his own wrongdoing. Injuria servi dominumpertingit. The servant's wrongdoing reaches the master. • The master is liable for injury done by his servant. Injustum est, nisi tota lege inspecta, de una a/iqua ejus particula proposita judicare vel respondere. It is unjust to give judgment or opinion concerning any particular clause of a law without having examined the whole law. In majore summa continetur minor. In the greater sum is contained the less. In malefidis voluntasspectatur, non exitus. In criminal offenses, the intention is regarded, not the event. In malefiCio ratihabitio mandato comparatur. In delict (or tort), ratification is equivalent to authorization. Dig. 43.16.1.15. In maxima potentia minima licentia. In the greatest power there is the least license. In mercibus ilIicitis non sit commercium. Let there be no commerce in illicit goods. In novo casu novum remedium apponendum est. In a novel case a new legal remedy must be applied. In obscuris inspicisolere quod verisimilius est, aut quod plerumque fieri solet. In obscure cases it is usual to regard what is more probable or what is more often done. In obscuris quod minimum est sequimur. In obscure cases, we follow what is least so. In odium spoliatoris omnia praesumuntur. Everything is presumed to the prejudice of the despoiler. [Cases: Evidence C=>78.] In omni actione ubi duae concurrunt districtiones, videlicet in rem et in personam, ilIa districtio tenenda est quae magis timetur et magis ligat. In every action where two distresses (or forms of distraint) concur, that is in rem and in personam, the distraint is to be chosen that is more dreaded and that binds more firmly. Bracton 372. In omnibus contractibus, sive nominatis sive innomina-tis, permutatio continetur. In all contracts, whether express or implied, there must be something given in exchange. 2 Bl. Com. 444. In omnibus (fere) poenalibus judiciis, et aetati et impru-dentiae succurritur. In almost all penal judgments, allowance is made for age (or youth) andlack of discretion. Dig. 50.17.108. In omnibus obligationibus, in quibus dies non ponitur, praesenti die debetur. In all obligations, when no date is fixed (for performance), the thing is due the same day. In omnibus quidem, maxime tamen in jure, aequitas spectanda sit. In all affairs indeed, but especially in those that concern the administration of justice, equity should be regarded. In omni re nascitur res quae ipsam rem exterminat. In everything, the thing is born that ends the thing itself. In pari causa possessor potior haberi debet. When two parties have equal claims, the possessor should be considered the stronger. • The phrase is also translated in this way: in an equal case the possessor ought to be preferred. In pari causa potior est conditio possidentis. When two parties have equal claims, the position of the possessor is the stronger. In pari delicto melior est conditio possidentis. When both parties are equally at fault, the position of the possessor is the better. In pari delicto potior est conditio defendentis. Where both parties are equally in the wrong, the position of the defendant is the stronger. [Cases: Action C=>4; Equity C=>65.] In poenalibus causis benignius interpretandum est. In penal cases, the more liberal interpretation is to be made. In praeparatoriis ad judicium favetur actori. In things preparatory to trial, the plaintiff is favored. In praesentia majoris cessat potentia minoris. In the presence of the superior, the power of the inferior ceases. • Thismaxim is sometimes written Inpraesen- tia majoris potestatis, minor potestas cessat (meaning “in the presence of the superior power, the minor power ceases ' ). In pretio emptionis et venditionis naturaliter licet con-trahentibus se circumvenire. In setting the price for buying and selling, it is naturally allowed to the contracting parties to get the better of each other. In propria causa nemo judex. No one can be judge in his own cause. In quo quis delinquit, in eo de jure est puniendus. In whatever matter one offends, in that the person is rightfully to be punished. • Coke refers to forfeiture of the office abused. Co. Litt. 233b. In rebus manifestis errat qui auctoritates legum allegat; quia perspicua vera non sunt probanda. A person errs who adduces authorities on the law in matters self-evident; because obvious truths need not be proved. In rebus quae sunt favorabilia animae, quamvis sunt damnosa rebus, fiat aliquando extensio statuti. In things that are favorable to people, though injurious to the things, a statute should sometimes be extended. In re communi neminem dominorum jure facere quicquam, invito aitero, posse. In common property no one of the coproprietors can do (or make) anything against the will of the other. Dig. 10.3.28. In re dubia benigniorem interpretationem sequi non minus justius est quam tutius. In a doubtful matter, to follow the more liberal interpretation is as much the more just as it is the safer course. In re dubia magis infitiatio quam affirmatio intel-ligenda. In a doubtful matter, the negation is to be understood rather than the affirmation. In re lupanari testes lupanares admittentur. In a matter concerning a brothel, prostitutes will be admitted as witnesses. In re pari potiorem causam esse prohibentis constat. Where the parties have equal rights (in common property), it is an established principle that the one prohibiting has the stronger cause. Dig. 10.3.28. In re propria iniquum admodum est alicui licentiam tribuere sententiae. It is extremely unjust to assign anyone the privilege of judgment in his own cause. In republica maxime conservanda sunt jura belli. The laws of war must be especially preserved in the state. In restitutionem, non in poenam, haeres succedit. The heir succeeds to the restitution, not the penalty. In restitutionibus benignissima interpretatio facienda est. The most favorable construction is to be made in restitutions. Insanus est qui, abjecta ratione, omnia cum impetu et furore facit. The person is insane who, having cast aside reason, does everything with violence and rage. In satisfactionibus non permittitur amplius fieri quam semel factum est. In payments, it is not permitted that more be received than has been received once for all (Le., after payment in full). Instans est finis unius temporis et principium alterius. An instant is the end of one time and the beginning of another. In stipulationibus cum quaeritur quid actum sit, verba contra stipulatorem interpretanda sunt. In agreements, when there is a question whether action has been taken, the terms are to be interpreted against the party offering them. In stipulationibus id tempus spectatur quo contrahimus. In agreements, there is regard to the time at which we reach agreement. In suo quisque negotio hebetior est quam in alieno. Everyone is less perceptive (of flaws) in his own business than in that of another. Intentio caeca mala. A concealed intention is an evil one. Intentio inservire debet legibus, non leges intentioni. The intention ought to be subject to the laws, not the laws to the intention. Intentio mea imponit nomen operi meo. My intent gives a name to my act. Inter alios res gestas aliis non posse praejudicium facere saepe constitutum est. It has been often decided that , matters transacted between other parties cannot cause prejudice (to those who were not involved). Inter arma silent leges. Amid the arms of war the laws are silent. Interdum venit ut exceptio quae prima facie justa videtur tamen inique noceat. It sometimes happens that a plea that seems prima facie just is nevertheless injurious and unfair. Interest reipublicae ne maleficia remaneant impunita. It is in the interest of the state that crimes not remain unpunished. Interest reipublicae ne sua quis male utatur. It is in the interest of the state that no one misuse his own property. Interest reipublicae quod homines conserventur. It is in the interest of the state that people should be protected. Interest reipublicae res judicatas non rescindi. It is in the interest of the state that judgments already given not be rescinded. Interest reipublicae suprema hominum testamenta rata haberi. It is in the interest of the state that a person's last will should be held valid. Interest reipublicae ut carceres sint in tuto. It is in the interest of the state that prisons should be secure. Interest reipublicae ut pax in regno conservetur et quaecunque paci adversentur provide declinentur. It is in the interest of the state to preserve peace in the kingdom and prudently to decline whatever is adverse to it. Interest reipublicae ut quilibet re sua bene utatur. It is in the interest of the state that each person make good use of his own property. Interest reipublicae ut sit finis litium. It is in the interest of the state that there be a limit to litigation. Interpretare et concordare leges legibus est optimus interpretandi modus. To interpret and reconcile laws so they harmonize is the best mode of construction. Interpretatio chartarum benigne facienda est ut res magis valeat quam pereat. Theconstruction of a deed is to be made liberally, that the thing may rather take effect than perish. Interpretatio fienda est ut res magis valeat quam pereat. Such a construction should be made that the measure may take effect rather than fail. Interpretatio talis in ambiguis semper fienda est ut evitetur inconveniens et absurdum. In ambiguities, a construction should always be found such that what is unsuitable and absurd may be avoided. Interruptio multiplex non tollit praescriptionem semel obtentam. Repeated interruptionsdo not remove a prescription (or acquisition by long use) once it has been obtained. In testamentisplenius testatoris intentionem scrutamur. In wills we diligently examine the testator's intention. In testamentis plenius voluntates testantium interpre-tantur. In wills the intentions of the testators are more fully (or liberally) construed. Intestatus decedit qui aut omnino testamentum non fecit aut non jure fecit, aut id quod fecerat ruptum irritumve factum est, aut nemo ex eo haeresexstitit. A person dies intestate who either has made no will at all or has not made it legally, or when the will that he had made has been annulled or become ineffectual, or when there is no living heir. In toto et pars continetur. In the whole the part also is included. In traditionibus scriptorum (chartarum) non quod dictum est, sed quod gestum (factum) est, inspicitur. In the delivery of writings (deeds), not what is said but what is done is to be considered. Inutilis labor et sinejructu non est effectus legis. Useless and fruitless labor is not the effect of law. Appendix B 1840 Inveniens libellumfamosum et non corrumpens punitur. A person who discovers a libel and does not destroy it is punished. In veram quantitatemfidejussor teneatur, nisi pro certa quantitate accessit. Let the surety be held for the true amount unless he agreed for a certain amount. In verbis non verba sed res et ratio quaerenda est. In wording, it is not the words but the substance and the meaning that is to be sought. Invito beneficium non datur. No benefit is given to one unwilling. • No one is obliged to accept a benefit against his consent. Dig. 50.17.69. In vocibus videndum non a quo sed ad quid sumatur. In discourse it is not the point from which but the end to which it is drawn that should be regarded. Ipsae leges cupiunt ut jure regantur. The laws themselves desire that they should be governed by right. Irafuror brevis est. Anger is a short insanity. Ita lex scripta est. So the law is written. Ita semper fiat relatio ut valeat dispositio. Let the relation be so made that the disposition may stand. Iter est jus eundi, ambulandi hominis; non etiam jumentum agendi vel vehiculum. A way is a right of going or walking for a human being, and does not include the right of driving a beast of burden or a carriage. Judex aequitatem semper spectare debet. A judge ought always to regard equity. Judex ante oculos aequitatem semper habere debet. A judge ought always to have equity before his eyes. Judex bonus nihil ex arbitrio suofaciat nec proposi-tione domesticae voluntatis, sed juxta leges et jura pronunciet. A good judge should do nothing from his own preference or from the prompting of his private desire; but he should pronounce according to law and justice. Judex damnatur cum nocens absolvitur. The judge is condemned when the guilty party is acquitted. Judex debet judicare secundumallegata et probata. The judge ought to give judgment according to the allegations and the proofs. Judex est lex loquens. The judge is the speaking law. Judex habere debet duos sales, salem sapientiae, ne sit insipidus, et salem conscientiae, ne sit diabolus. A judge should have two salts: the salt of wisdom, lest he be foolish; and the salt of conscience, lest he be devilish. Judex non potest esse testis in propria causa. A judge cannot be a witness in his own cause. Judex non potest injuriam sibi datum punire. A judge cannot punish a wrong done to himself. Judex non reddit plus quam quod petens ipse requirit. The judge does not give more than the plaintiffhimself demands. Judicandum est legibus non exemplis. Judgment must be given by the laws, not by examples. Judices non tenentur exprimere causam sententiae suae. Judges are not bound to explain the reason of their judgments. Judicia in curia regis non adnihilentur, sed stent in robore suo quousque per errorem aut attinctam adnullentur. Let judgments in the king's court not be invalidated but remain in force until annulled by error or attaint. 2 Inst. 360. Judiciain deliberationibus crebro maturescunt, in accel-erato processu nunquam. Judgments often ripen in the course of deliberation, never in hurried proceeding. 2 Inst. 210. Judicia posteriora sunt in lege fortiora. The later decisions are stronger in law. Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. Judgments are, as it were, the dicta (or sayings) of the law, and are received as truth. Judiciis posterioribus fides est adhibenda. Trust should be put in the later decisions. Judici officium suum excedenti non paretur. Ajudge who exceeds his office (or jurisdiction) is not obeyed. Judici satis poena est quod Deum habet ultorem. It is punishment enough for ajudge that he has God to take vengeance on him. Judicis est in pronuntiando sequi regulam, exceptione non probata. It is the proper role of a judge in rendering his decision to follow the rule, when the exceptioL has not been proved. Judicis est judicare secundum allegata et probata. It is the proper role of a judge to decide according to the allegations and proofs. Judicis est jus dicere, non dare. It is the proper role of a judge to state the right, not to endow it. • Generally interpreted, it is the duty of the judge to administer justice and not to make law. Judicis officiumest opus dieiin die suoperficere. It is the duty of a judge to finish the work of each day within that day. Judicis officium est ut res ita tempora rerum quaerere; quaesito tempore tutus eris. It is the duty of a judge to inquire into the timing of events as much as the matters themselves; by inquiring into the time, you will be safe. Judicium a non suo judice datum nullius est momenti. A judgment given by a person who is not its proper judge (not in the proper jurisdiction) is of no consequence. 10 Coke 76. Judicium est quasi juris dictum. Judgment is, as it were, a pronouncement of the right (or a saying of the law). Judicium non debet esse illusorium, suum effectum habere debet. A judgment ought not to be illusory (or deceptive); it ought to have its proper effect. 2 Co. Inst. 341. Judicium redditur in invitum, in praesumptione legis. In presumption of law, a judgment is given against one's will. Judicium semper pro veritate accipitur. A judgment is always taken for truth. Juneta juvant. Things joined together are helpful. Jura ecclesiastica limitata sunt infra limites separa-tos. Ecclesiastical laws are limited within separate bounds. Jura eodem modo destituuntur quo constituuntur. Laws are abrogated or repealed by the same means by which they are made. Juramentum est indivisibile, et non est admittendum in parte verutn etin partefalsum. An oath is indivisible; it is not to be accepted as partly true and partly false. Jura naturae sunt immutabilia. The laws of nature are unchangeable. Jura publica anteferenda privatis. Public rights are to be preferred to private. Jura publica ex privato promiscue decidi non debent. Public rights ought not to be determined in confusion, from private considerations. eIn Coke's example, the validity of a sheriffs warrant is not affected by a dispute among the parties. Co. Litt. 181b. Jurare est Deum in testem vocare, et est actus divini cultus. To swear is to call God to witness, and is an act of religion. !.Ira regis specialia non conceduntur per generalia verba. The special rights of the king are not granted by general words. Jura sanguinis nullo jure civili dirimi possunt. The rights of blood (or kinship) cannot be destroyed by any civil law. Jurato creditur in judicio. In judgment credit is given to the swearer. Juratores debent esse vicini, sufficientes et minus suspect;. Jurors ought to be neighbors, of sufficient means and free from suspicion (literally, less suspected). Juratores sunt judices facti. The jurors are the judges of fact. Juratus creditur in judicio. In judgment a person who has sworn an oath is believed. Jure naturae aequum est neminem cum alterius det-rimento et injuria fieri locupletiorem. By the law of nature, it is just that no one should be enriched to the detriment and injury of another. Juri non est consonum quod aliquis accessorius in curia regis convincatur antequam aliquis de facto Juerit attinctus. It is not consonant to justice that any accessory should be convicted in the king's court sentence of attainder for committing the act). eThe accessory should not be convicted before the principal is proved guilty. 2 Co. Inst. 183. Jurisdictio est potestas de publico introducta, cum necessitate juris dicendi. Jurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice. Juris effectus in executione consistit. The effect of law (or of a right) consists in the execution. Juris ignorantia est cum jus nostrum ignoramus. It is ignorance of law when we do not know our own right. Juris praecepta sunt haec, honeste vivere, alterum non laedere, suum cuique tribuere. lhese are the precepts of the law: to live honorably, not to injure another, to render to each person his due. Just. Inst. 1.1. Jurisprudentia est divinarum atque humanarum rerum notitia, justi atque injusti scientia. Jurisprudence is the knowledge of things divine and human, the science of the just and the unjust. Just. Inst. 1.1.1. Jurisprudentia legis communis Angliae est scientia socialis et copiosa. "The jurisprudence ofthe common law of England is a social science comprehensive in scope. Juris quidem ignorantiam cuique nocere, facti verum ignorantiam non nocere. Ignorance of law is prejudicial to everyone, but ignorance of fact is not. Jus accrescendi inter mercatores locum non habet, pro beneficio commercii. For the good of commerce, the right of survivorship has no place among merchants. [Cases: Partnership 0=>76.] Jus accrescendi inter mercatores, pro beneficio com-mercii locum non habet. For the benefit of commerce, there is no right of accrual among merchants. Jus accrescendi praefertur oneribus. The right of survivorship is preferred to incumbrances. Jus accrescendi praefertur ultimae voluntati. The right of survivorship is preferred to a last will. Jus civile est quod sibi populus constituit. "The dvil law is what a people has established for itself. Jus constitui oportet in his quae ut plurimum accidunt, non quae ex inopinato. Law ought to be made with a view to the cases that happen most frequently, and not to those that are unexpected. Jus descendit, et non terra. A right descends, and not the land. Jus dicere (et) non jus dare. To state the right (and) not to endow it. eGenerally interpreted, to declare the law (and) not to make it. Jus est ars boni et aequi. Law is the science of what is good and just. Jus est normarecti; et quicquid est contra normamrecti est injuria. The law is the rule of right; and whatever is contrary to the rule of right is an injury. Jus etfrausnunquam cohabitant. Right and fraud never abide together. AppendixB 1842 Jus ex injuria non oritur. A right does not arise from a wrong. Jus in re inhaerit ossibus usufructuarii. A right in the thing cleaves to the person (literally, the bones) of the usufructuary. Jusjurandi forma verbis differt, re convenit; hunc enim sensum habere debet, ut Deus invocetur. The form of taking an oath differs in language, but agrees in meaning; for it ought to have this sense, that God is invoked. Jusjurandum inter alios factum nec no cere nec prodesse debet. An oath made between third parties ought neither to hurt nor to profit. Jus naturale est quod apud homines eandem habet potentiam. Natural right is that which has the same force among (all) mankind. Jus non habenti tute non paretur. It is safe not to obey a person who has no right. Jus publicum privatorum pactis mutari non potest. A public right cannot be changed by agreements of private parties. Jus publicum et privatum est quod ex naturalibus prae-ceptis, aut gentium, aut civilibus est collectum et quod in jure scripto jus appellatur, id in lege Angliae rectum esse dicitur. Public and private law is that which is collected from the precepts of nature, of peoples in general, or of particular states; and what in written law is called "jus" by the law of England is said to be "right." Jus quo universitates utuntur est idem quod habent privati. The right that corporations exercise isthe same as the right that individuals possess. Jus respicit aequitatem. Law regards equity. Jus superveniens auctori accrescit successori. An additional or enhanced right for the possessor accrues to the successor. Justitia debet esse libera, quia nihil iniquius venali justitia; plena, quia justitia non debet claudicare; et celer, quia dilatio estquaedam negatio. Justice ought not to be bought, for nothing is more hateful than venal justice; full, for justice ought not to be defective; and quick, for delay is a certain denial. Justitia est constans et perpetua voluntas jus suum cuique tribuendi. Justice is a steady and unceasing disposition to render to every person his due. Justitia est duplex: severe puniens et vere praeveniens. Justice is double: punishing with severity, and truly preventing. Justitia est virtus excellens et Altissimo complacens. Justice is an excellent virtue and pleasing to the Most High. Justitiafirmatur solium. By justice the throne is strengthened. Justitia nemini neganda est. Justice is to be denied to no one. Justitia non est neganda, non differenda. Justice is not to be denied or delayed. Justitia non novit patrem nee matrem, solum veri-tatem spectat justitia. Justice knows neither father nor mother; justice looks to truth alone. Justum non est aliquem antenatum mortuum facerebas-tardum, qui pro tota vita sua pro iegitimo habetur. It isnotjust to make a bastard after hisdeath anelder child who all his life has been accounted legitimate. Jus vendit quod usus approbavit. The law dispenses what use has approved. La conscience est la plus changeante des regles. Conscience is the most changing of rules. La ley favour la vie d’utt home. The law favors a man’s life. La ley favour l'inheritance d'un home. The law favors a man's inheritance. La ley voit plus tost suffer un mischiefe que un inconvenience. The law will sooner suffer a mischief than an inconvenience. Lata culpa dolo aequiparatur. Gross negligence is equivalent to fraud. Le contrat fait la loi. The contract makes the law. Legatos violare contra jus gentium est. It is contrary to the law of nations to do violence to ambassadors. Legatum morte testatoris tan tum confirmatur, sicut donatio inter vivos traditione sola. A legacy is con- firmed by the death of the testator, in the same manner as a gift from a living person is by delivery alone. Legatus regis vicefungitur a quo destinatur et honoran-dus est sicut iIle cujus vicem gerit. An ambassador fills the place of the king by whom he is appOinted, and is to be honored in the same way as the person whose place he fills. Legem enim contractus dat. 'lhe contract gives the law. Legem terrae amittentes perpetuam infamiae notam inde merito incurrunt. Ihose who lose the law of the land thereby justly incur an eternal stigma of infamy. Leges Angliae sunt tripartitae: jus commune, consue-tudines, ac decreta comitiorum. The laws of England are threefold: common law, customs, and decrees of parliament. Leges et constitutiones futuris certum est dare formam negotiis non ad facta praeterita revocari; nisi nomi-natim et de praeterito tempore et adhuc pendentibus negotiis cautum sit. Laws and statutes are regarded as regulating future negotiations not past transactions; unless they are expressly made to apply to both past and to pending matters. Leges figendi et refigendi consuetudo est periculosissima. Ihe practice of adding and annulling laws is a most dangerous one. 4 Coke pref. Leges fixit pretio atque refixit. He shaped and reshaped laws for a price; he promulgated and annulled laws at a price. - lhe reference is to a judge who took bribes. Leges humanae nascuntur, vivunt, et moriuntur. Laws that humans have made are born, live, and die. Leges naturae perfectissimae sunt et immutabiles; humani vero juris conditio semper in infinitum decurrit, et nihil est in eo quod perpetuo stare possU. The laws of nature are most perfect and immutable; but the condition of human law isan unending succession, and there is nothing in it that can stand forever. Leges non verbis sed rebus sunt impositae. Laws are imposed on affairs, not words. Leges posteriores priores contrarias abrogant. Subsequent laws repeal prior conflicting ones. [Cases: Statutes 0^159,162.J Leges suum ligent latorem. Laws should bind their own author. Leges vigilantibus, non dormientibus subveniunt. The laws aid those who keep watch, not those who sleep (that is, the Vigilant, not the negligent). [Cases: Action C=;;63; Equity^^64.] Legibus sumptis desinentibus, lege naturae utendum est. Where manmade laws fail, the law of nature must be used. Legis constructio non facit injuriam. The construction of law does not do wrong. Legis interpretatio legis vim obtinet. The interpretation of law obtains the force of law. [Cases; Courts lO8.] Legislatorum est viva vox, rebus et non verbis legem imponere. The voice of legislators is a living voice. to impose laws on (actual) affairs and not on (mere) words. Legis minister non tenetur, in executione officii sui, fugere aut retrocedere. lhe minister of the law is not bound, in the execution of his office, either to flee or to retreat. Legitime imperanti parere necesse est. One who commands lawfully must be obeyed. Legitimus haeres etfilius est quem nuptiae demonstrant. A lawful son and heir is he whom the marriage declares to be lawful. Le ley de Dieu et ley de terre sont tout un, et l'un et l'autre preferre et favour Ie common et publique bien del terre. The law of God and the law of the land are all one; and both promote and favor the common and public good of the land. Le ley est Ie plus haut enheritance que Ie roy ad, car par Ie ley, il mesme et touts ses sujets sont rules, et si Ie ley ne fuit, nul roy ne nul enheritance serra. lhe law is the highest inheritance that the king possesses; for by the law both he and all his subjects are ruled; and if there were no law, there would be neither king nor inheritance. Le salut du peuple est la supreme loi. The safety of the people is the highest law. Les fictions naissent de la loi, et non la loi des fictions. Fictions arise from the law, and not law from fictions. Les lois ne se chargent de punir que les actions exterieures. Laws undertake to punish only outward actions. Lex aequitate gaudet. Law delights in equity. Lex aequitate gaudet;appetit perfectum; est normarecti. The law delights in equity: it covets perfection; it is a rule of right. Lex aliquando sequitur aequitatem. The law sometimes follows equity. Lex Angliae est lex misericordiae. 'The law of England is a law of mercy. Lex Angliae lex terrae est. The law of England is the law of the land. Lex Angliae non pamur absurdum. The law of England does not allow an absurdity. Lex Angliae nunquam matris sed semper patris condi-tionem imitari partum judicat. The law of England rules that the offspring always follows the condition of the father, never that of the mother. Lex Angliae nunquam sine parliamento mutari potest. The law of England can never be changed without (act of) parliament. - 'This maxim is sometimes written Lex Angliae sine Parliamento mutari non potest (also translatable as "the law of England cannot be changed but by Parliament"). Lex beneficialis rei consimiliremedium praestat. A beneficial law affords a remedy in a similar case. Lex citius tolerare vult privatum damnum quam publicum malum. The law would sooner endure a private loss than a public evil. Lex contra id quod praesumit probationem non recipit. The law accepts no proof against that which it presumes. Lex deficere non potest in justitia exhibenda. The law cannot fail in dispensing justice. Lex de futuro, judex de praeterito. The law (provides) for the future, the judge for the past. Lex dilationes semper exhorret. The law always abhors delays. Lex est ab aeterno. The law is from eternity. Lex est dictamen rationis. Law is the dictate of reason. Lex est exercitus judicum tutissimus ductor. The law is the safest leader of the army of judges. Lex est norma recti. Law is a rule of right. Lex est ratio summa, quae jubet quae sunt utilia et nec-essaria, et contraria prohibet. Law is the highest form of reason, which commands what is useful and necessary and forbids the contrary. Lex est sanctio sancta, jubens honesta et prohibens con-traria. Law is a sacred sanction, commanding what is right and prohibiting the contrary. Lex est summa ratio. Law is the highest reason. Lex est tutissima cassis; sub clypeo legis nemo decipitur. Law is the safest helmet; under the shield of the law no one is deceived. Lex facit regem. Law makes the king (Le., makes the monarch king). Lex favet doti. The law favors dower. Lexfingit ubi subsistit aequitas. Law creates a fiction where equity abides. Lex intend;t vicinum vicini facta scire. The law presumes that one neighbor knows the actions of another. Lex judicat de rebus necessario faciendis quasi re ipsa factis. The law judges of things that must necessarily be done as if actually done. Lex necessitatis est lex temporis, i.e., instantis. The law of necessity is the law of time, i.e., time present. Lex neminem cogit ad vana seu inutilia peragenda. The law forces no one to do vain or useless things. [Cases; Specific Performance <C=>13.] Lex neminem cogit ostendere quod nescire praesum-itur. The law forces no one to make known what he is presumed not to know. Lex nemin; facit injuriam. The law does wrong to no one. [Cases: Equity (>54.] Lex nemini operatur iniquum, nemini facit injuriam. The law works an injustice to no one and does wrong to no one. [Cases: Equity (>54.] Lex nil Jacit Jrustra, nil jubet frustra. The law does nothing in vain and commands nothing in vain. Lex non a rege est violanda. The law is not to be violated by the king. Lex non cogit ad impossibilia. The law does not compel to impossible ends. Lex non curat de minimis. The law is not concerned with matters of least consequence. [Cases: Appeal and Error (>1171; Equity (>34.] Lex non debet deficere conquerentibus in justitia exhi-benda. The law ought not to fail in dispensing justice to those with a grievance. Lex non deficit in justitia exhibenda. The law does not fail in showing justice. Lex non exacte definit, sed arbitrio boni viri permit-tit. The law does not define exactly, but trusts in the judgment of a good man. Lex nonJavet votis delicatorum. The law does not favor the wishes of the fastidious. Lex non intendit aliquid impossibile. The law does not intend anything impossible. Lex non novit patrem, nec matrem; solam veritatem. The law knows neither father nor mother; only the truth. Lex non ontur ex injuria. The law does not arise from an unlawful act. Lex non patiturfractiones et divisiones statuum. The law does not tolerate fractions anddivisions of estates. 1 Coke 87a. Lex non praecipit inutilia, quia inutilis labor stultus. The law does not command useless things, because useless labor is foolish. [Cases: Mandamus C---- 16.] Lex non requirit verificariquod apparet curiae. The law does not require that to be proved which is apparent to the court. Lex plus laudatur quando ratione probatur. 1he law is more praised when it is consonant with reason. Lex posterior derogat priori. A later statute repeals an earlier one. Lex prospicit, non respicit. The law looks forward, not backward. Lex punit mendaciam. The law punishes falsehood. Lex rejicit superJlua, pugnantia, incongrua. The law rejects superfluous, contradictory, and incongruous things. Lex reprobat moram. The law disapproves of delay. Lex respicit aequitatem. Law regards equity. Lex scripta si cesset, id custodiri oportet quod moribus et consuetudine inductum est; et, si qua in re hoc defe-cerit, tunc id quod proximum et consequens ei est; et, si id non appareat, tunc jus quo urbs Romana utitur servarioportet. If the written law is silent, that which is drawn from manners and custom ought to be observed; and, if that is in anv manner defective, then what is next and consistent with it; and, if that does not appear, then the law that Rome uses should be followed. Lex semper dabit remedium. The law will always give a remedy. Lex semper intendit quod convenit rationi. The law always intends what is agreeable to reason. Lex spectat naturae ordinem. The law regards the order of nature. Lex succurrit ignoranti. The law assists the ignorant. Lex succurrit minoribus. The law assists minors. Lex uno ore omnesalloquitur. The law speaks to all with one mouth. Lex vigilantibus, non dormientibus, subvenit. Law aids the watchful, not the sleeping. Liberata pecunia non liberat offerentem. The return of money does not free the party presenting it (from liability). Libertas est naturalis facultas ejus quod cuique facere libet, nisi quod de jure aut vi prohibetur. Liberty is the natural power of doing whatever one pleases, except what is prevented by law or force. Libertas est res inestimabilis. Liberty is an inestimable thing. Libertas inaestimabilis res est. Liberty is a priceless good. Libertas non recipit aestimationem. Freedom does not admit of valuation. Libertas omnibus rebus favorabilior est. Liberty is more favored than all things. Libertates regales adcoronam spectantes ex concessione regum a corona exierunt. Royal franchises relating to the Crown have emanated from the Crown by grant of kings. Libertinum ingratum leges civiles in pristinam servi-tutem redignunt; sed leges Angliae semel manumis-sum semper liberum judicant. The civil laws reduce an ungrateful freedman to his original slavery; but the laws of England regard a person once manumitted as ever after free. Liberum corpus nullam recipit aestimationem. The body of a free person allows no price to be set on it. Dig. 9.3.7. Liberum est cuique apud se explorare an expediat sibi consilium. Everyone is free to ascertain for himself whether a recommendation is advantageous to him. Librorum appellatione continentur omnia volumina, sive in charta, sive in membrana sint, sive in quavis aliamateria. Under the name of books are contained all volumes, whether on paper, or on parchment, or on any other material. Licet dispositio de interessefuturo sit inutilis, tamen potest fieri declaratio praecedens quae sortiatur eifectum interveniente novo actu. Even if the grant of a future interest is inoperative, yet a declaration precedent may be made that may take effect, provided a new act intervenes. Licita bene miscentur, formula nisijuris obstet. Lawful acts are well joined together, unless some form of law prevents it. Ligeantia est quasi legis essential est vinculumfidei. Allegiance is, as it were, the essence of the law; itis the bond of faith. Ligeantia est vinculumfidei; ligeantia est legis essentia. Allegiance is the bond of fealty and the essence of law. Ligeantia naturalis nullis claustris coercetur, nullis metis refraenatur, nullisfinibus premitur. Natural allegiance is restrained by no barriers, curbed by no bounds, compressed by no limits. Ligna et lapides sub armorum appellatione non conti-nentur. Sticks and stones are not contained under the name of arms. Linea recta est index sui etobliqui; lex est linearecta. A right line is an index of itself and of an oblique; law is a right line. Co. Litt. 158b. Linea recta semper praefertur transversaIi. The right line is always preferred to the collateral. Literae patentes regis non erunt vacuae. Letters patent of the king will not be void. Literae scriptae manent. Written words last. Litis nomen omnem actionem signijicat, sive in rem, sive in personamsit. The word "lis" (a lawsuit) signifies every action, whether it is in rem or in personam. Litus est quousque maximus fluctus a mari pervenit. The shore is where the highest wave from the sea has reached. L'obligation sans cause, ou sur une fausse cause, ou sur cause illicite, ne peut avoir aucun eifet. An obligation without consideration, or on a false consideration, or on unlawful consideration, cannot have any effect. Locus contractus regit actum. The place of the contract governs the act. [Cases: Contracts C=> 144.] Locus pro solutionereditus aut pecuniae secundum con-ditionem dimissionis aut obligationis est stricte obser- vandus. The place for the payment of rent or money is to be strictly observed according to the condition of the lease or obligation. Longa patientia trahiturad consensum. Long sufferance is construed as consent. Longa possessio est pacis jus. Long posseSSion is a right of peace. Longa possessio jus parU. Long possession begets a right. Longa possessio paritjus possidendi et toUit actionem vero domino. Long possession produces the right of possession and deprives the true owner of his action. Longum tempus et longus usus qui excedit memoriam hominum sufficit pro jure. Long time and long use beyond the memory of men suffice for right. Loquendum ut vulgus, sentiendum ut docti. We should speak as the common people; we should think as the learned. L'ou Ie ley done chose, la ceo done remedie a vener a ceo. Where the law gives a right, it gives a remedy to recover. Lubricum linquae non facile trahendum est in poenam. A slip of the tongue ought not to be easily subject to punishment. Lucrum facere ex pupilli tutela tutor non debet. A guardian ought not to make money out of the guardianship of his ward. Lunaticus, qui gaudet in luddis intervallis. A person is (still) a lunatic who enjoys lucid intervals. Magis de bono quam de malo lex intendit. The law favors a good rather than a bad construction. • When an agreement's words are susceptible of both a favorable and unfavorable meaning, the former is adopted. Thus, a bond conditioned to assign all offices will be construed to apply to assignable offices. AppendixB 1846 Magister rerum usus; magistra rerum experientia. Use is the master of things; experience is the mistress of things. Magna Charta et Charta de Foresta sont appeles les deux grandes charters. Magna Carta and the Charter of the Forest are called the two great charters. Magna culpa dolus est. Great fault (or gross negligence) is equivalent to fraud. Magna negligentia culpa est; magna culpa dolus est. Great negligence is fault; great fault is fraud. Maihemium est homicidium inchoatum. Mayhem is incipient homicide. Maihemium est inter crimina majora minimum, et inter minora maximum. Mayhem is the least of great crimes, and the greatest among small. Maihemium est membri mutilatio, et dici poterit, ubi aliquis in aliqua parte sui corporis effectus sit inutilis ad pugnandum. Mayhem is the mutilation of a limb, and can be said (to occur) when a person is injured in any part of his body so as to be useless in a fight. Major continet in se minus. The greater includes the less. Majore poena affectus quam legibus statuta est non est injamis. A criminal afflicted with a greater punishment than is provided by law is not infamous. 4 Co. Inst. 66. Major haereditas venit unicuique nostrum a jure et legibus quam a parentibus. A greater inheritance comes to everyone of us from right and the laws than comes from parents. Majori summae minor inest. The lesser is included in the greater sum. Major numerus in se continet minorem. The greater number contains in itself the less. Majus continet minus. The greater contains the less. Majus dignum trahit ad se minus dignum. The more worthy draws to itself the less worthy. Majus est delictum seipsum occidere quam alium. It is a greater crime to kill one's self than another. Mala grammatica non vitiat chartam; sed in expositione instrumentorum mala grammatica quoad fieri possit evitanda est. Bad grammar does not vitiate a deed; but in the construction of instruments, bad grammar, as far as possible, is to be avoided. Maledicta expositio quae corrumpit textum. It is a cursed construction that corrupts the text. Maleficia non debent remanere impunita, et impunitas continuum affectum tribuit delinquendi. Evil deeds ought not to remain unpunished, and impunity affords continual incitement to wrongdoing. 4 Coke 45. Maleficia propositis distinguuntur. Misdeeds are distinguished from proposals; crimes are distinguished by the intention (with which they are committed). Malitia est acida, est mali animi affectus. Malice is sour; it is the quality of a bad mind. Malitia supplet aetatem. Malice makes up for age. Malitiis hominum est obviandum. The malicious designs of men must be thwarted. • Also found as Malum hominum est obviandum. Malum non habet efficientem sed deficientem causam. Evil has not an efficient but a deficient cause. Malum non praesumitur. Evil is not presumed. Malum quo communius eo pejus. The more common the evil, the worse. Malus usus est abolendus. An evil custom ought to be abolished; a bad usage should be abolished. Malus usus est abolendus, quia in consuetudinibus, non diuturnitas temporis, sed soliditas rationis est consid-eranda. An evil custom is to be abolished, because, in customs, not length of time, but solidity of reason, is to be considered. Mandata licita strictam recipiunt interpretationem, sed illicita latam et extensam. Lawful commands receive a strict interpretation, but unlawful ones receive a wide and an expansive interpretation. Mandatarius terminos sibi positos transgredi non potest. A mandatary cannot exceed the bounds of his authority. Mandatum nisi gratuitum nuUum est. Unless a mandate is gratuitous (without payment), it is not a mandate. Manifesta probatione non indigent. Obvious facts are not in need of proof. Maris et jaeminae conjunctio est de jure naturae. The union of male and female is founded on the law of nature. Matrimonia debent esse libera. Marriages ought to be free. Matrimonium subsequens legitimos jacit quoad sac-erdotium non quoad successionem propter con-suetudinem regni quae se habet in contrarium. Subsequent marriage legitimates as regards priesthood but not as regards succession because of the custom of the kingdom, which is to the contrary. Matrimonium subsequens toUit peccatum praecedens. A subsequent marriage removes preceding fault. Matter en ley ne serra mise en bouche del jurors. Matter of law shall not be put into the mouths of jurors. Maturiora sunt vota mulierum quam virorum. The wishes of women are of quicker maturity than those of men. • That is, women arrive earlier at eligibility for marriage. 6 Coke 71. Maxime ita dicta quia maxima est ejus dignitas et cer-tissima auctoritas, atque quod maxime omnibus probetur. A maxim is so called because its dignity is chiefest and its authority is the most certain, and because it is most approved by all. 1847 Legal Maxims Maxime paei sunt contraria vis et injuria. The greatest enemies to peace are force and wrong. Maximus erroris populus magister. The people are the greatest master of error. Meliorem eonditionem suam facere potest minor, dete-rioremnequaquam. A minor can improve or make his condition better, but in no way worse. • This maxim is sometimes written Meliorem conditionemfacere potest minor, deteriorem nequaquam (also translatable as "a minor can make his conditi on better, but by no means worse ). Melior est causa possidentis. The cause of the possessor is preferable. Melior est conditio defendentis. The condition of the defendant is the better. Melior est conditio possidentis et rei quam actoris. Better is the condition of the possessor, and that of the defendant (is better) than that of the plaintiff. Melior est conditio possidentis, ubi neuter jus habet. Better is the condition of the possessor where neither of the two has the right. Melior est justitia vere praeveniens quam severe puniens. Justice that truly prevents a crime is better than that which severely punishes it. Melius est in tempore occurrere quam post causam vul-neratum remedium quaerere. It is better to oppose in time than to seek a remedy after a wrong has been inflicted. • Coke introduces this maxim with the phrase neper negligentiam damnum ineurrat: "lest he incur damage through negligence." 2 Co. Inst. 299. Melius est jus defieiens quam jus incertum. Law that is deficient is better than law that is uncertain. Melius est omnia mala pati quam malo eonsentire. It is better to suffer every wrong than to consent to wrong. Melius est petere fontem quam sectari rivulos. It is better to go to the fountainhead than to follow the streams. Melius est reeurrere quam male currere. It is better to run back than to run wrong (or badly) .• It is better to retrace one's steps than to proceed improperly. Mens testatoris in testamentis spectanda est. In wills, the intention of the testator is to be regarded. Ment;r; est contra mentem ire. To lie is to go against the mind. Mercis appellatio ad res mobiles tantum pertinet. The term umerchandise" belongs to movable things only. Mercis appellatione homines non contined. Under the name of merchandise human beings are not included. Merito beneficium legis amittit qui legem ipsam subver-tere intendit. A person deservedly loses the protection of the law who attempts to overturn the law itself. Merito retribuat Rex legi quod lex attribuat ei. The king rightly repays the law what (i.e., the power that) the law ascribes to him; let the king repay to the law what the law attributes to him. Merx est quidquid vendi potest. Merchandise is whatever can be sold. Meum est promittere, non dimittere. It is mine to promise, not to discharge. Minatur innoeentibus qui pareit nocentibus. A person threatens the innocent who spares the guilty. Minima poena corporalis est major qualibet peeuniaria. The smallest bodily punishment is greater than any pecuniaryone. Minime mutanda sunt quae eertam habuerunt interpre-tationem. Things that have had a fixed interpretation are to be altered as little as possible. Minimum est nihilo proximum. The least is next to nothing. Minor antetempus agere non potest in casu proprietatis, nee etiam eonvenire. A minor before majority cannot act in a case of property, not even to agree. Minor ante tempus agere non potest in casu proprietatis, nee etiam convenire; differetur usque aetatem; sed noncadit breve. A minor before majority cannot actin a case of property, not even to agree; itwill be deferred until majority; but a writ does not fail. Minor jurare non potest. A minor cannot take an oath. Minor minorem eustodire non debet; alios enim prae-sumitur male regere qui seipsum regere nescit. A minor ought not be guardian of a minor, for he is presumed to govern others ill who does not know how to govern himself. Minor non tenetur respondere durante minori aetat;, nisi in causa dotis, propter favorem. A minor is not bound to answer during his minority, except as a matter of favor in a cause of dower. Minor qui infra aetatem 12 annorum fuerit utlagari non potest nee extra legem poni, quia ante talem aetatem, non est sub lege aliqua nee in deeenna. A minor who is under 12 years of age cannot be outlawed nor placed beyond the law, because before that age he is not under any law nor in a decennary. Minor septemdecim annis non admittitur fore execu-torem. A person under 17 years of age is not admitted to be an executor. Minus solvit qui tardius solvit; nam et tempore minus solvitur. A person pays too little who pays too late; for, from the delay, the payment is less. Misera est servitus ubi jus est vagum aut incertum. It is a miserable slavery where the law is vague or uncertain. Mitius imperanti melius paretur. The more mildly one commands, the better is he obeyed. Mobilia non habent situm. Movables have no fixed site or locality. Mobilia personam sequuntur, immobilia situm. Movable things follow the person; immovable ones, their locality. Mobilia sequuntur personam. Movables follow the person. [Cases: Taxation C=='98.] Modica circumstantia facti jus mutat. A small circumstance attending an act alters the right. Modus de non decimando non valet. A prescription not to pay tithes is void. Modus et conventio vincunt legem. Customary form and the agreement of the parties overcome the law. • One of the first principles relative to the law of contract. 2 Coke 73. Modus legem dat donationi. Custom (or form) gives law to a gift. Moneta est justum medium et mensura rerum com-mutabilium, nam per medium monetaefit omnium rerum conveniens et justa aestimatio. Money is the just medium and measure of all exchangeable things, for by the medium of money a suitable and just estimation of all things is made. Monetandi jus comprehenditur in regalibus quae nunquam a regio sceptro abdicantur. The right of coining is included among those rights of royalty that are never relinquished by the kingly scepter. Monumenta quae nos recorda vocamus sunt veritatis et vetustatis vestigia. The monuments that we call records are the vestiges of truth and antiquity. Mora debitoris non debet esse creditori damnosa. Delay by a debtor ought not to be injurious to a creditor. Mora reprobatur in lege. Delay is disapproved of in law. Mors dicitur ultimum supplicium. Death is called the extreme penalty. Mors omnia solvit. Death dissolves all things. Mortis momentum est ultimum vitae momentum. The moment of death is the last moment of life. Mortuus exitus non est exitus. A dead issue is not issue. • That is, a child born dead is no child. Mos retinendus estfidelissimae vetustatis. A custom of the truest antiquity is to be retained. Mulcta damnum famae non irrogat. A fine does not impose a loss of reputation. Multa conceduntur per obliquum quae non conceduntur de directo. Many things are conceded indirectly that are not allowed directly. Multafidem promissa levant. Many promises lessen confidence. Multa ignoramus quae nobis non laterent si veterum lectio nobis fuit familiaris. We are ignorant of many things that would not be hidden from us if the reading of old authors were familiar to us. Multa in jure communi contra rationem disputandi pro communi utilitate introducta sunt. Many things have been introduced into the common law, with a view to the public good, that are contrary to logical reasoning. Co. Litt. 70b. Multa multo exercitatione facilius quam regulis percip-ies. You will perceive many things much more easily by practice than by rules. Multa non vetat lex quae tamen tacite damnavit. The law does not forbid many things that yet it has silently condemned. Multa transeunt cum universitate quae non per se tran-seunt. Many things pass with the whole that would not pass separately. Multi multa, nemo omnia novit. Many men know many things; no one knows everything. Multiplex et indistinctum parit confusionem; et quaes-tiones quo simpliciores, eo lucidiores. Multiplicity and indistinctness produce confusion: the simpler questions are, the more lucid they are. Multiplicata transgressione crescat poenae inflictio. The infliction of punishment should increase with the repetition of the offense. Coke continues, Exfrequenti delicto augetur poena (q.v.). 2 Co. Inst. 479. Multitudinem decem faciunt. Ten make a multitude. Multitudo errantium non parit errori patrocinium. The multitude of those who err does not produce indulgence for error. Multitudo imperitorum perdit curiam. A multitude of ignorant practitioners destroys a court. Multo utilius est pauca idonea effundere, quam multis inutilibus homines gravari. It is much more useful to pour forth a few suitable things than to burden mankind with many useless things. Nasciturus pro jam nato habetur quamdiu agitur de ejus commodo. One about to be born is held as already born as long as the issue is to his benefit; a child conceived is treated as born to the extent that it is to his or her benefit. Natura appetit perfectum, ita et lex. Nature aspires to perfection, and so does the law. Naturae vis maxima; natura bis maxima. The force of nature is greatest; (and, as some say,) nature is doubly greatest. 2 Co. Inst. 564. Naturafide jussionis sit strictissimi juris et non durat vel extendatur de re ad rem, de persona ad personam, de tempore ad tempus. The nature of the contract of suretyship is strictissimi juris, and does not endure or should not be extended from thing to thing, from person to person, or from time to time. Naturale est quidlibet dissolvi eo modo quo ligatur. It is natural for a thing to be dissolved in the same way in which it is bound. Natura non facit saltum, ita nec lex. Nature makes no leap, and neither does the law. Natura non facit vacuum, nec lex supervacuum. Nature makes no vacuum, and the law nothing purposeless. Nee curia deficeret in justitia exhibenda. Nor should the court be deficient in showing justice. Necessarium est quod non potest aliter se habere. That is necessary which cannot be otherwise. Necessitas est lex temporis et loci. Necessity is the law of time and place. Necessitas excusat aut extenuat delictum in capitalibu$, quod non operatur idem in civilibus. Necessity excuses or extenuates delinquency in capital cases, but does not have the same effect in civil cases. Necessitas facit licitum quod alias non est licitum. Necessity makes lawful what otherwise is unlawful. [Cases: Criminal Law^^38.] Necessitas inducit privilegium quoad jura privata. Necessity creates a privilege with regard to private rights. Necessitas non habet legem. Necessity has no law. Necessitas publica major est quam privata. Public neces- sity is greater than private necessity. Necessitas quod cogit defendit. Necessity defends what it compels. Necessitas sub lege non continetur, quia quod alias non est licitum necessitas facit licitum. Necessity is not restrained bylaw; since what otherwise is not lawful necessity makes lawful. Necessitas vincit legem. Necessity overcomes the law. Necessitas vincit legem; legum vincula irridet. Necessity overcomes the law; it laughs at the fetters of laws. Nee super eum ibimus, nee super eum mittemus, nisi per legale judicium parium suorum. Nor shall we go upon him, nor send uponhim, except by the lawful judgment of his peers; we will not go against him or send against him except by the lawful judgment of his peers,* This language appears in Magna Carta, ch. 39. Nee tempus nee locus occurrit regi. Neither time nor place thwarts the king. Nee veniam effuso sanguine casus habet. Where blood has been spilled, the case is unpardonable. Nee veniam, laeso numine, casus habet. Where the Divinity has been insulted, the case is unpardonable. Negatio conclusionis est error in lege . The denial of a conclusion is error in law. Negatio destruit negationem, et ambae faciunt affirma-tionem. A negative destroys a negative, and both make an affirmative. Negatio duplex est affirmatio. A double negative is an affirmative. Negligentia semper habet infortuniam comitem. Negligence always has misfortune for a companion. Neminem laedit qui jure suo utitur. A person who exercises his own rights injures no one. Neminem oportet esse sapientiorem legibus. No one ought to be wiser than the laws. Nemo admittendus est inhabilitare seipsum. No one is allowed to incapacitate himself. Nemo agit in seipsum. No one acts against himself. Nemo alienae rei, sine satisdatione, defensor idoneus intelligitur. No one is considered a competent defender of another's property, without security. Nemo alieno nomine lege agere potest. No one can sue at law in the name of another. Nemo aliquam partem recte intelligere potest, antequam totum iterum atque iterum perlegerit. No one can properly understand any part of a thing until he has read through the whole again and again. Nemo allegans suam turpitudinem audiendus est. No one testifying to his own wrong is to be heard as a witness. [Cases: Estoppel (;:;;;>59.] Nemo auditur propriam turpitudinem allegans. No one is heardwhen alleging his own wickedness; no one can be heard whose claim is based on his own disgraceful behavior. Nemo bis pun;tur pro eodem delicto. No one is punished twice for the same offense. Nemo cogitationis poenam patitur. No one suffers punishment for his thoughts. Nemo cogitur rem suam vendere, etiam justo pretio. No one is bound to sell his property, even for a just price. Nemo commodum capere potest de injuria sua propria. No one can derive benefit from his own wrong. Nemo contra factum suum (proprium) venire potest. No one can contradict his own deed. 2 Co. Inst. 66. Nemo damnum facit, nisi qui id fecit quod facere jus non habet. No one does damage except the person who did what he has no right to do. Nemo dare potest quod non habet. No one can give that which he does not have. Nemo dat qui non habet. No one gives who does not possess. Nemo dat quod non habet. No one gives what he does not have; no one transfers (a right) that he does not possess. • According to this maxim, no one gives a better title to property than he himself possesses. A variation of this maxim is Nemo dat qui non habet (no one gives who does not have). Nemo debet bis puniri pro uno delicto. No one ought to be punished twice for the same offense. Nemo debet bis vexari pro eadem causa. No one should be twice troubled for the same cause. [Cases: Judgment ''■540.] Nemo debet bis vexari pro una et eadem causa. No one ought to be twice troubled for one and the same cause. [Cases: Judgment C-~540.] Nemo debet bis vexari, si constet curiae quod sit pro una et eadem causa. No one ought to be twice troubled, if it appears to thecourt that it is for oneand the same cause of action. Nemo debet esse judex in propria causa. No one should be judge in his own cause. [Cases: Judges (;-;:4::> 2.] Nemo debet immiscere se rei alienae ad se nihil perti-nenti. No one should interfere in another's business that does not at all concern him. Nemo debet in communione invitus teneri. No one should be retained in a partnership against his will. Nemo debet locupletari aliena jactura. No one ought to be enriched at another's expense. Nemo debet locupletari ex alterius incommodo. No one ought to be enriched out of another's disadvantage. Nemo debet rem suam sine factu aut defectu suo amittere. No one should lose his property without his own act or negligence. Nemo de domo sua extrahi potest. No one can be dragged (taken by force) from his own house. Dig. 50.17.103. Nemo duobus utatur officiis. No one should exercise two offices. Nemo ejusdem tenementi simul potest esse haeres et dominus. No one can be both heir and owner of the same land at the same time. Nemo enim aliquam partem recte intelligere possit antequam totum iterum atque iterum perlegerit. No one may be able rightly to understand one part before he has again and again read through the whole. Nemo est haeres viventis. No one is an heir of someone living. [Cases: Descent and Distribution (>68; Wills (;-;:::>506(6).] Nemo est supra leges. No one is above the laws. Nemo ex alterius facto praegravari debet. No one ought to be burdened in consequence of another's act. Nemo ex consilio obligatur. No one is bound for the advice he gives. Nemo ex dolo suo proprio relevetur aut auxilium capiat. Let no one be relieved or gain advantage by his own fraud. Nemo ex proprio dolo consequitur actionem. No one acquires a right of action from his own wrong (or deception). [Cases: Action (;-;:4::> .] Nemo exsuo delicto meliorem suam conditionem facere potest. No one can improve his condition by his own wrong. Nemo inauditus condemnari debet, si nonsitcontumax. No one ought to be condemned unheard, unless for contempt. • This maxim is sometimes written Nemo inauditus nee insummonitus eondemnari debet, si non sit contumax (meaning "no one should be condemned unheard and unsummoned, unless for contempt"). Nemo in communione potest invitus detineri. No one can be held (to act) in common against his will; no one can be forced to remain in common ownership against his wilL • This maxim states the premise that a co owner can always insist on the division of the property owned. Nemo in propria causa testis esse debet. No one can be a witness in his own cause. Nemo jus sibi dicere potest. No one can give judgment for himself. Nemo militans Deo implicetur secularibus negotiis. No one warring for God should be troubled by secular business. Nemo nascitur artifex. No one is born an expert .• Wisdom in the law is acquired only through diligent study. Co. Litt. 97b. Nemo patriam in qua natus est exuere, nec ligeantiae debitum ejurare possit. No one can cast off his native land or refuse the obligation of allegiance to it. Nemo plus commodi haeredi suo relinquit quam ipse habuit. No one leaves a greater asset to his heir than he had himself. Nemo plus juris ad alienum transferre potest quam ipse haberet. No one can transfer to another a greater right than he himself might have. Dig. 50.17.54. [Cases: Sales 0226.] Nemo potest contra recordum verificare per patriam. No one can verify by the country against a record. _ Certain matters of record cannot be contested in court. 2 Co. lnst. 380. Nemo potest esse dominus et haeres. No one can be both owner and heir. Nemo potest esse simul actor et judex. No one can be at the same time suitor and judge. Nemo potest esse tenens et dominus. No one can be at the same time tenant and landlord (of the same tenement). Nemo potest exuere patriam. No one can cast offhis own country. Nemo potest facere per alium quod per se non potest. No one can do through another what he cannot do by himself. Nemo potest facere per obliquum quod non potest facere per directum. No one can do indirectly what he cannot do directly. Nemo potest mutare consilium suum in alterius injuriam. No one can change hispurpose to theinjury of another. Nemo potest nisi quod de jure potest. No one is able to do a thing, unless he can do it lawfully. Nemo potest plus juris ad alium transferre quam ipse habet. No one can transfer to another a greater right than he himself (actually) has. Co. Litt. 309. Nemo potest praecise cogi ad factum. No one can be compelled to perform a specific act .•The effect of this maxim is that an order of specific performance is not available. Nemo potest sibi debere. No one can owe to himself. Nemo praesens nisi intelligat. One is not present unless he understands. Nemo praesumitur alienam posteritatem suae praetu-lisse. No one is presumed to have preferred another's posterity to his own. Nemo praesumitur donare. No one is presumed to make a gift. Nemo praesumitur esse immemor suae aeternae saluta-tis, et maxime in articulo mortis. No one is presumed to be forgetful of his eternal welfare, and especially at the point ofdeath. Nemo praesumitur ludere in extremis. No one is presumed to trifle atthe point of death. Nemo praesumitur malus. No one is presumed to be bad. Nemo prohibetur plures negotiationes sive artes exercere. No one is prohibited from exercising several kinds of business or arts. Nemo prohibetur pluribus defensionibus uti. No one is forbidden to employ several defenses. Nemo prudens punit ut praeterita revocentur, sed ut futura praeveniantur. No one who is wise gives punishment so that past deeds may be revoked, but so that future deeds may be prevented. Nemo punitur pro alieno delicto. No one is punished for the crime or wrong of another. Nemo punitur sine injuria, facto, seu defalta. No one is punished unless for some wrong, act, or default. Nemo qui condemnare potest absolvere non potest. No one who can condemn is unable to acquit. Nemo sibi esse judex vel suis jus dicere debet. No one ought to be his own judge or to administer justice in cases where hisrelations are concerned. Nemo sine actione experitur, et hoc non sine breve sive libello conventionali. No one goes to trial without an action, and no one can bring an action without a writ . or bill. Nemo tenetur ad impossibile. No one is bound to an impossibility. Nemo tenetur armare adversarium contra se. No one is bound to arm his adversary against himself. Nemo tenetur divinare. No one is bound to foretell the future. Nemo tenetur edere instrumenta contra se. No one is bound to produce writings against himself. Nemo tenetur informare qui nescit sed quisquis scire quod informat. No one who is ignorant of a thing is bound to give information of it, but everyone is bound to know what he gives information of. Nemo tenetur jurare in suamturpitudinem. No one is bound to swear to hisown criminality. Nemo tenetur prodere seipsum. No one is bound to betray himself. • In other words, no one can be compelled to incriminate himself. Nemo tenetur seipsum accusare. No one is bound to accuse himself. - This is a formulation of the privilege against self-incrimination. In good Latin, se ipsum appears as two words; but in law the phrase is usually combined to one (seipsum). Nemo tenetur seipsum infortuniis et periculis exponere. No one is bound to expose himself to misfortune and dangers. Nemo tenetur seipsum prodere. No one is bound to betray himself. Nemo unquam judicet in se. Let no one ever be a judge in his own cause. Nemo unquam vir magnus fuit sine aliquo divino afNo one was ever a great man without some divine inspiration. Nemo videtur fraudare eos qui sciunt et consentiunt. No one is considered as deceiving those who know and consent. Neque leges neque senatus consulta ita scribi possunt ut omnes casus qui quandoque inciderint comprehen-dantur; sed sufficit ea quae plerumque accidunt con-tineri. Neither laws nor acts of senate can be so written as to include all cases that have happened at any time; it is sufficient that those things that usually occur are encompassed. Dig. 1.3.10. pro Ne quid in loco publico vel itinerefiat. Let nothing be done (put or erected) in a public place or way. • The title of an interdict in the Roman law. Nigrum nunquam excedere debet rubrum. The black should never go beyond the red.* That is, the text of a statute should never be read in a sense more comprehensive than the rubric, or title. Nihil aliud potest rex quam quod de jure potest. The king can do nothing but what he can do legally; the king can do nothing except by law. Nihil consensui tam contrarium est quam vis atque metus. Nothing is so opposite to consent as force and fear. Nihil dat qui non habet. A person gives nothing who has nothing. Nihil de re accrescit ei qui nihil in re quando jus accresceret habet. Nothing from a property accrues to a person who had no interest in the property when the right accrued. Co. Litt. 188. Nihil dictum quod non dictum prius. Nothing is said that was not said before. Nihil est enim liberale quod non idem justum. For there is nothing generous that is not at the same time just. Nihil est magis rationi consentaneum quam eodem modo quodque dissolvere quo conflatum est. Nothing is more consonant to reason than that everything should be dissolved in the same way as it was made. Nihil facit error nominis cum de corpore constat. An error in the name is nothing when there is certainty as to the person. Nihil habet forum ex scena. 'The court has nothing to do with what is not before it. Nihil infra regnum subditos magis conservat in tranquil-itate et concordia quam debita legum administratio. Nothing better preserves the subjects of the realm in tranquillity and concord than a due administration of the laws. 2 Co. Inst. 158. Nihil iniquius quam aequitatem nimis intendere. Nothing is moreunjust than to extend equity too far. Nihil in lege intolerabilius est (quam) eandem rem diversojure censeri. Nothing in law is more intolerable than that the same case should be subject (in different courts) to different views of the law. Nihil magis justum est quam quod necessarium est. Nothing is morejust than what is necessary. Nihil nequam est praesumendum. Nothing wicked is to be presumed. Nihil perfectum est dum aUquid restat agendum. Nothing is perfect while something remains to be done. Nihil peti potest ante id tempus quo per rerum naturam persolvi possit. Nothing can be demanded before the time when, in the nature of things, it can be paid. Nihil possumus contra veritatem. vVe have no power against truth. Nihil praescribitur nisiquod possidetur. There is no prescription for what is not possessed. Nihil quod est contra rationem est licitum. Nothing that is against reason is lawful. Nihil quod est inconveniens est licitum. Nothing that is improper is lawful. Co. Litt. 66a. Nihil quod est licitum est inconveniens. Nothing that is lawful is improper. Nihil simul inventum est et perfectum. Nothing is invented and perfected at thesame moment. Nihil tam conveniens est naturali aequitati quam unumquodque dissolvi eo ligamine quo ligatum est. Nothing is so consonant with natural equity as that each thing should be dissolved by the same means as it was bound. Nihil tam conveniens est naturali aequitati quam volun-tatem domini volentis rem suam in alium transferre ratam haberi. Nothing is more consistent with natural equity than to confirm the will of an owner who desires to transfer his property to another. Nihil tam naturale est quam eo genere quidque dissol-vere quo colligatum est. Nothing is so natural as that an obligation should be dissolved by the same principle by which it was contracted. Nihil tam naturale est quam eo genere quidque dis-solvere quo colligatum est; ideo verborum obligatio verbis tollitur; nudi consensus obligatio contrario consensu dissolvitur. Nothing is so natural as to dissolve anything in the way in which it was bound together; therefore the obligation of words is taken away by words; the obligation of mere consent is dissolved by the contrary consent. Nihil tam proprium imperio quam legibus vivere. Nothing is so becoming to authority as to live according to the law. Nil agit exemplum litem quod lite resolvit. A precedent accomplishes nothing if it settles one dispute by raising another. Nil facit error nominis cum de corpore vel persona constat. An error in the name is immaterial when the body or person is certain. Nil sine prudenti fecit ratione vetustas. Antiquity did nothing without a good reason. Nil temere novandum. Nothing should be rashly changed. Nimia certitudo certitudinem ipsam destruit. Too great certainty destroys certainty itself. Nimia subtilitas injure reprobatur. Too much subtlety in law is condemned. Nimia subtilitas injure reprobatur, et talis certitudo cer-titudinem confundit. Too great subtlety is disapproved of in law, and such certainty confounds certainty. Nimium altercando veritas amittitur. By too much quarreling truth is lost. Nobiles magis plectuntur pecunia, plebes vero in corpore. The higher classes are more punished in money, but the lower in person. Nobiles sunt qui arma gentilitia antecessorum suorum proferre possunt. lhe gentry are those who are able to produce the heraldic arms of their own ancestors. Nobiliores et benigniores praesumptiones in dubiis sunt praeferendae. When in doubt, the more generous and kind presumptions are to be preferred. Nobilitas est duplex, superior et inferior. There are two sorts of nobility, the higher andthelower. Nomen est quasi rei notamen. A name is, as it were, the distinctive sign (or signifier) of a thing. Nomen non suffidt si res non sit de jure aut de facto. A name does not suffice if the thing does not exist by law or by fact. Nomina si nescis, perit cognitio rerum. If you do not know the names of things, the knowledge of things themselves perishes. Nomina si nescis, peril cognitio rerum; et nomina si perdas, certe distinctio rerum perditur. If you do not know the names of things, the knowledge of things themselves perishes; and, if you lose the names, the distinction of the things is certainly lost. Nomina sunt mutabilia, res autem immobiles. Names are mutable, but things immutable. Nomina sunt notae rerum. Names are the marks of things. Nomina sunt symbola rerum. Names are the sy mbols of things. Non aCcipi debent verba in demonstrationem falsam, quae competunt in limitationem veram. Words ought not to be accepted to import a false description when they are consistent with a true definition. Non alio modo puniatur aliquis, quam secundum quod se habet condemnatio. A person may not be punished otherwise than according to what the sentence enjoins. Non aliter a significatione verborum recedi oportet quamcummanifestum est aliudsensisse testatorem. We must depart from the (ordinary) Significance of words only when it is evident that the testator had a different understanding. Dig. 32.69. pro Non auditur perire volens. One who wishes to perish is not heard. Non bis in idem (or imperative, ne bis in idem). Not twice for the same thing. -That is, a person shall not be twice tried for the same crime. This maxim of the civil law expresses the same principle as the familiar rule against «double jeopardy. [Cases: Double Jeopardy C=> 183.1.] Non concedantur citationes priusquam exprimatur super qua refieri decet citatio. Summonses should not be granted before it is expressed on what ground a summons should be issued. Non consentit qui errat. A person who errs does not consent. Non dat qui non habet. A person who does not have does not give. Non debeo melioris conditionis esse quam auctor meus a quo jus in me transit. I ought not to be in better condition than the person to whose rights I succeed. Non deberet alii nocere quod inter alios actum esset. A person ought not to be injured by what has taken place between other parties. Non debet actori licere quodreo non permittitur. What is not permitted to the defendant ought not to be allowed to the plaintiff. Non debet adduci exceptio ejus rei cujus petitur disso-lutio. An exception (or plea) should not be made on the very matter of which a determination is sought (in the case at hand). Non debet alii nocere quod inter alios actum est. A person ought not to be prejudiced by what has been done between others. Non debet alteri per alterum iniquaconditio inferri. An unfair condition ought not to be brought on one person by the act of another. Non debet cui plus licet quod minus est non licere. A person who is permitted to do the greater thing ought not to be forbidden to do the lesser. Non debet did tendere in praejudicium ecclesiasticae liberatatis quod pro rege et republica necessarium videtur. What seems necessary for the king and the state ought not to be said to tend to the prejudice of spiritual liberty. Non decet homines dedere causa non cognita. It is unbecoming to surrender people when no cause has been shown. Non decipitur qui scit se decipi. A person is not deceived who knows himself to be deceived. Non definitur in jure quid sit conatus. What an attempt is, is not defined in law. Non difef runt quae concordant re, tametsi non in verbis iisdem. Those things that agree in substance, even if not in the same words, do not differ. Non dubitatur, etsi specialiter venditor evictionem non promiserit, re evicta, ex empto competere actionem. It is certain that even if the vendor has not given a special guarantee, an action ex empto lies against him, if the purchaser is evicted. Non efficit affectus nisi sequatur effectus. The intention amounts to nothing unless some effect follows. Non erit alia lex Romae, alia Athaenis; alia nunc, alia posthac; sed et omnes gentes, et omni tempore, una lex, et sempiterna, et immortalis continebit. There will not be one law at Rome, another at Athens; one law now, another hereafter; but one eternal and immortal law shall bind together all nations throughout all time. Non est arctiusvinculum inter homines quam jusjuran-dum. There is no closer (or firmer) link among men than an oath. Non est certandum de regulis juris. There is no disputing rules of law. Non est consonum rationi quod cognitio accessorii in curia christianitatis impediatur, ubi cognitio causae principalis ad forum ecclesiasticum noscitur per-tinere. It is unreasonable that the cognizance of an accessory matter should be impeded in an ecclesiastical court, when the cognizance of the principal causeis admitted to appertain to an ecclesiastical court. Non est disputandumcontra principia negantem. There is no disputing against a person who denies first principles. Non est justum aliquem antenatum post mortem facere bastardum qui toto tempore vitae suae pro legitimo habebatur. It is not just to make an elderborn a bastard after his death, who during his lifetime was accounted legitimate. Non est novum ut priores leges ad posteriores trahan-fur. It is not aninnovation to adapt earlier laws to later ones. Dig. 1.3.26. Non est recedendum a communi observantia. There should be no departure from a common observance. Non est regula quin fallat. There is no rule that may not deceive (or disappoint). Non est reus nisi mens sit rea. A person is not guilty unless his mind is guilty. [Cases: Criminal Law o 20.J Non est singulis concedendum quod per magistratum publice possitfieri, ne occasio sit majoris tumultus faciendi. That is not to be conceded to private persons which can be publicly done by the magistrate, lest it be the occasion of greater tumult. Non exemplis sed legibus judicandum est. Not by examples but by the laws must judgment be made. Non ex opinionibus singulorum, sed ex communi usu, nomina exaudiri debent. Names of things ought to be understood according to common usage, not according to the opinions of individuals. Non facias malum ut inde veniat bonum. You are not to do evil that good may come of it. Non impedit clausula derogatoria quo minus ab eadem potestate res dissolvantur a qua constituuntur. A derogatory clause does not prevent things from being dissolved by the same power by which they were originally made. Non in legendo sed in intelligendo leges consistunt. The laws consist not in reading but in understanding. Non in tabulis est jus. It is not in books that the law is to be found. Non jus ex regula, sed regula ex jure. The law does not arise from the rule (or maxim), but the rule from the law. Non jus, sed seisina facit stipitem. Not right, but seisin, makes a stock (from which the inheritance must descend). Non licet quod dispendio licet. That which is permitted only at a loss is not permitted. Non nasci et natum mori paria sunt. Not to be born and to be born dead are equivalent. Non obligat lex nisi promulgata. A law is not binding unless it has been promulgated. Non observata forma, infertur adnullatio actus. When the form has not been observed, an annulment of the act is inferred. Non officit affectus nisi sequatur effectus. Sed in actro-cioribus delictis punitur affectus, licet non sequatur effectus. The intention is not an offense unless an effect follow. But in the most atrocious crimes the intention is punished, although no effect follow. Non officit conatus nisi sequatur effectus. An attempt does not harm unless a consequence follows. Non omne damnum inducit injuriam. Not every loss produces an injury (i.e., gives a right to action). Non omne quod lied honestum est. Not everything that is lawful ishonorable; not everything that is allowable is morally right. Non omnium quae a majoribus nostris constituta sunt ratio reddi potest. Reason cannot always be given for the institutions of our ancestors. Non pertinet ad judieem seeularem cognoscere de Us quae sunt mere spiritualia annexa. It belongs not to the secular judge to take cognizance of things that are merely spirituaL Non possessor; incumbit necessitas probandi posses-siones ad se pertinere. It is not incumbent on the pos- sessor of property to prove that his possessions belong to him. Non potest adduci exceptio ejusdem rei cujus petitur dis-solutio. An exception cannot be brought on the same matter whose determination is at issue (in the action at hand). Non potest probari quod probatum non relevat. That cannot be proved which, when proved, is irrelevant. Non potest quis sine brevi agere. No one can sue without a writ. Non potest rex gratiam facere cum injuria et damno aliorum. Ihe king cannot confer a favor that occasions injury and loss to others. Non potest rex subditum renitentem onerare imposi-tionibus. The king cannot load a subject with impositions against his consent. Non potest videri desisse habere qui nunquam habuit. A person cannot be considered as having ceased to have a thing who never had it. Non praestat impedimentum quod de jure non sortitur effectum. A thing that has no effect in law is not an impediment. Non quod dictum est, sed quod factum est, inspidtur. Not what has been said but what has been done is regarded. [Cases: WillsC=',>108.] Non quod voluit testator, sed quod dixit in testamento inspicitur. Not what the testator wanted, but what he said in the will, is regarded. Non refert an quis assensum suum praefert verbis an rebus ipsis et factis. It is immaterial whether a person gives assent by words or by acts themselves and deeds. Non refert quid ex aequipollentibus fiat. It does not matter which of two equivalents happens. Non refert quid nolum sit judici, si notum non sit in forma judicii. It matters not what isknown to the judge if it is not known to him judicially. Non refert verbis an factisfit revocatio. Itdoes not matter whether a revocation is made by words or by acts. Non respondebit minor, nisi in causa dotis, et hoc pro favore doti. A minor shaH not answer except in a case of dower, and here in favor of dower. Non solent quae abundant vitiare scripturas. Superfluous expressions do not usually vitiate writings. Non solum quid licd sed quid est conveniens consid-erandum, quia nihil quod ineonveniens est licitum. Not only what is permitted but what is proper is to be considered, because nothing improper is lawfuL Non sunt longa ubinihilest quod demere possis. There is noprolixitywhere there is nothing that you can omit. Non temere credere est nervus sapientae. Not to believe rashly is the sinew of wisdom. Non valebit felonis generatio nee ad haereditatem paternam vel maternam; si autem ante feloniam generationem fecerit, taUs generatio succedit in haereditate patris vel matris a quo nonfuerit felonia perpetrata. The offspring of a felon cannot succeed either to a maternal or paternal inheritance; but if the felonhad offspring before the felony, the offspring may succeed to the inheritance of the father or mother by whom no felony was committed. Non valet confirmatio, nisi ille, qui confirmat, sit in pos-sessione rei vel juris unde fieri debet confirmatio; et eodem modo, nisi ille cui confirmatio fit sit inposses-sione. Confirmation is not valid unless the person who confirms is in possession either of the thing or of the right of which confirmation is to be made, and, in like manner, unless that person to whom confirmation is made is in possession. Non valet donatio nisi subsequatur traditio. A gift is not valid unless delivery (or transference) follows. Non valet exceptio ejusdem rei cujus petitur dissolutio. An exception based on the very matter of which the determination is sought is not valid. Non valet impedimentum quod de jure non sortitur effectum. An impediment that does notderiveits effect from the law has no force. Non verbis sed ipsis rebus leges imponimus. Not on words, but onaffairs themselves doweimpose laws. Nonvidentur qui errant consentire. They who err are not considered as consenting. [Cases: Contracts C=93.] Non videntur rem amittere quibus propria non fuit. They are not considered as losing a thing if it was not their own. Non videtur consensum retinuissesi quis ex praescripto minantis aUquod immutavit. If a person has changed anything at the demand of a party threatening, he is i not considered to have maintained his consent. Non videtur perfecte cujusque id esse quod ex casu i auferri potest. A thing is not considered completely to belong to anyone if it can be taken from him by chance (or occasion). Non videtur quisquam id capere quod ei necesse est alii restituere. A person is not considered to acquire property in a thing that he must restore to another. Dig. 50.17.51. Non videtur vim facere qui jure suo utitur et ordinaria actione experitur. A person is not judged to use force who exercises his own right and proceeds by ordinary action. Noscitur a sociis. It is known from its associates. [Cases: Contracts C= 152; Statutes C= 193.] Noscitur ex socio qui non cognoscitur ex se. A person who is not known for himselfis known from his associate. Notitia dicitur a noscendo; et notitia non debet clau-dicare. Notice is named from knowledge; and notice ought not to limp (that is, be imperfect). Nova constitutio futuris formam imponere debet, non praeteritis. A new enactment ought to impose form on what is to come, not on what is past. • A new regulation should not apply retroactively but from its enactment. 2 Co. Inst. 292. Novatio non praesumitur. A novation is not presumed. Novitas non tam utilitate prodest quam novitate per-turbat. Novelty does not as much benefit by its utility as it disturbs by its novelty. Novum judicium non dat novum jus, sed declarat antiquum. A new judgment does not make a new right, but declares the old. Novum judicium non dat novum jus, sed declarat antiquum; quia judicium est juris dictum, et per judicium jus est noviter revelatum quod diu fuit velatum. A new judgment does not make a new right, but declares the old; because adjudication is the declaration of a right, and by adjudication the right is newly revealed which has long been hidden. 10 Coke 42. Noxa caput sequitur. The liability follows the head or person. • Liability to make good an injury caused by a slave attaches to the master. Dig. 2.14.7.4. Nuda pactio obligationem non pari!. A naked agreement (I.e., without consideration) does not create an obligation. Dig. 2.14.7.4. Nuda ratio et nuda pactio non ligant aliquem debi-torem. Bare reason and naked agreement do not bind any debtor. Nudum pactum est ubi nulla subest causa praeter con-ventionem; sed ubi subest causa, fit obligatio, et parit actionem. Naked agreement (nudum pactum) is where there is no consideration besides the agreement; but when there is a consideration, an obligation is created and it gives a right of action. Nudum pactum ex quo non oritur actio. Naked agreement (nudum pactum) is that from which no action arises. [Cases: Contracts C;-75.| Nul charter, nulvente, ne nuldonevaultperpetualment, si Ie donor n'est seise al temps de contracts de deux droits, sc. del droit de possession et del droit de pro-perite. No grant, no sale, no gift, is valid forever unless the donor, at the time of the contract, is seised of two rights, namely, the right of possession and the right of property. Nulla curia quae recordum non habet potest imponere finem neque aliquem mandare carcer;; quia ista spectant tantummodo ad curias de recordo. No court that does not have a record can impose a fine or commit any person to prison; because those powers look only to courts of record. Nulla emptio sine pretio esse potest. There can be no sale without a price. Nulla impossibilia aut inhonesta sunt praesumenda; vera autem et honesta et possibilia. No impossible or dishonorable things are to be presumed; but things true, honorable, and possible. Nulla pactione effici potest ne dolus praestetur. No agreement is sufficient to effect that there be no liability for fraud. Dig. 2.14.27.3. Nulla virtus, nulla scientia locum suum et dignitatem conservare potest sine modestia. Without moderation, no virtue, no knowledge can preserve its place and dignity. Nulle regIe sans faute. 1here is no rule without fault. Nulle terre sans seigneur. No land without a lord. Null; enim res sua servit jure servitutis. No one can have a servitude over his own property. Nullius hominis auctoritas apud nos valere debet, ut meliora non sequeremur si quis attulerit. The authority of no person ought to have (such) power among us that we should not follow better (opinions) if anyone presents them. Nulli vendemus, nulli negabimus, aut differemus rectum vel justitiam. We shall sell to no one, deny to no one, or delay to no one, equity or justice. - This language appeared in Magna Carta. Nullum crimen majus est inobedientia. No crime is greater than disobedience. Nullum exemplum est idem omnibus. No example is the same for all purposes. Nullum iniquum est praesumendum in jure. Nothing unjust is to be presumed in law. Nullum matrimonium, ibi nulla dos. No marriage, there no dower. Nullum simile est idem. Nothing that is like another is the same. - That is, no likeness is exactly identical. Nullum simile est idem nisi quatuor pedibus currit. Nothing similar is identical, unless it run on all fours. Nullum simile quatuor pedibus currit. No simile runs on four feet (on all fours ). - No simile holds in every respect. Nullum tempus aut locus occurrit regi. No time or place bars the king. Nullum tempus occurrit regi. No period of time bars the Crown; no length of time runs against the king. _ This maxim expresses the idea that the king is not bound by any statute of limitations, [Cases: Limitation of Actions ii.| Nullum tempus occurrit reipublicae. No time runs against the commonwealth (or state). [Cases: Limitation of Actions C— 11.] Nullus alius quam rex possit episcopo demandare inquisitionem faciendam. No other thanthe king can command the bishop to make an inquisition. Nullus commodum capere potest de injuria sua propria. No one can gain advantage by his own wrong. Nullus debet agere de dolo, ubi alia actio subest. Where another form of action is given, no one ought to sue in the action de dolo. Nullusdicitur accessorius post feloniam sed iIle qui novit principalem feloniam fecisse, et ilIum receptavit et comfortavit. No one is called an accessory after the fact but that person who knew the principal to have committed a felony, and received and comforted him. Nullus dicitur felo principalis nisi actor aut qui praesens est, abettans aut auxilians actorem ad feloniam faciendam. No one is called a principal felon except the party actually committing the felony, or the party who was present aiding and abetting the perpetrator in its commission. Nullus idoneus testis in re sua intelligitur. No one is understood to be a competent witness in his own cause. Nullus jus alienum forisfacere potest. No one can forfeit another's right. Nullus Uber homo capiatur, aut imprisonetur. Let no free man be taken or imprisoned. - This expression derives from Magna Carta, ch. 39 Nullus recedat e curia cancellaria sine remedio. Let no one depart from the court of chancery without a remedy. Nullus videtur dolo facere qui suo jure utitur. No one is to be regarded as acting by fraud who exercises his legal right. Nul ne doit s'enrichir aux depens des autres. No one ought to enrich himself at the expense of others. Nul prendra advantage de son tort demesne. No one shall take advantage of his own wrong. Nul sans damage avera error ou attaint. No one shall have error or attaint unless there has been damage. Nunquam crescit ex post facto praeteriti delicti aesti-matio. The valuation (or assessment of damage) for a past offense is never increased by what happens subsequently. Dig. 50.17.138.1. Nunquam decurritur ad extraordinarium sed ubi deficit ordinarium. One never resorts to the extraordinary but when the ordinary fails. Nunquamjictio sine lege. There is no fiction without law. Nunquam nimis dicitur quod nunquam satis dicitur. What is never sufficiently said is never said too much. Nunquam praescribitur in falso. There is never prescription in case of falsehood (or forgery). Nunquam res humanae prospere succedunt ubi negli-guntur divinae. Human affairs never prosper when divine ones are neglected. Nuptias non concubitus sed consensus facit. Not sharing a bed but consent makes the marriage. Obedientia est legis essentia. Obedience is the essence of the law. Obtemperandum est consuetudini rationabili tanquam legi. A reasonable custom is to be obeyed like law. Occultatio thesauri inventifraudulosa. The concealment of discovered treasure is fraudulent Occupantis fiunt derelicta. Things abandoned become the property of the (first) occupant. Odiosa et inhonesta non sunt in lege praesumenda. Odious and dishonest acts are not to be presumed in law. Odiosa non praesumuntur. Odious things are not presumed. Officia judicialia non concedantur antequam vacent. Judicial offices ought not to be granted before they are vacant. Officia magistratus non debent esse venalia. The offices of magistrates ought not to be sold. Officit conatus si effectus sequatur. The attempt becomes of consequence if the effect follows. Officium nemini debet esse damnosum. An office ought to be injurious to no one. Omissio eorum quae tacite insunt nihil operatur. The omission of those things that are silently implied is of no consequence. Omne actum ab intentione agentis est judicandum. Every act is to be judged by the intention of the doer. Omne crimen ebrietas et incendit et detegit. Drunkenness both inflames and reveals every crime. Omne jus aut consensusfecit, aut necessitas constituit, aut firmavit consuetudo. Every right has been derived from consent, established by necessity, or confirmed by custom. Omne magis dignum trahit ad se minus dignum, quamvis minus dignum sit antiquius. Every worthier thingdraws to it theless worthy, even if the less worthy is more ancient. Omne magnum exemplum habet aliquid ex iniquo, quod . publica utilitate compensatur. Every great example has some portion of evil, which is compensated by its public utility. Omne majus continet in se minus. Every greater thing contains in itself theless. [Cases: Indictment and Information <::= 189.] Omne majus dignum continet in se minus dignum. Every more worthy thing contains in itself the less worthy. Omne majus minus in se complectitur. Every greater thing embraces in itself the lesser. Omne principale trahit ad se accessorium. Every principal thing draws to itself the accessory. Omne quod solo inaedificatur solo cedit. Everything that is built on the soil belongs to the soil. Omne sacramentum debet esse de certa scientia. Every oath ought to be founded on certain knowledge. Omnes actiones in mundo infra certa tempora habent limitationem. All actions in the world are limited within certain periods. Omnes licentiam habere his quae pro se indulta sunt renunciare. All have liberty to renounce these things that have been granted in their favor. Omnes prudentes illa admittere solent quae probantur Us qui in arte sua bene versat; sunt. All prudent people are accustomed to admit those things that are approved by those who are skilled in their profeSSion. Omnes sorores sunt quasi unus haeres de una haeredi- tate. All sisters are as it were one heir to one inheritance. Omnes subditi sunt regis servi. All subjects are the king's servants. Omne testamentum morteconsummatum est. Every will is consummated by death. Omnia delicta in aperto leviora sunt. All crimes committed openly are considered lighter. Omnia praesumuntur contra spoliatorem. All presumptions are against one who wrongfully dispossesses another (a despoiler). [Cases: Evidence <::=8.] Omnia praesumuntur legitimefacta donee probetur in contrarium. All things are presumed to be done legitimately until the contrary is proved. Omnia praesumuntur rite ac sollemniter esse acta. All things are presumed to be done in proper and regular form; all things are presumed to have been rightly and regularly done. - Solemniter is sometimes written 50/-lenniter. - Also written Omnia praesumuntur rUe et sollemniter acta. Omnia praesumuntur rite et solemniter esse acta donec probetur in contrarium. All things are presumed to have been done regularly and with due formality until the contrary is proved. Omnia quae jure contrahuntur contrario jure pereunt. All obligations contracted under a law are destroyed by a law to the contrary. Omnia quae sunt uxoris sunt ipsius viri. All things that are the wife's belong to her husband. Omnia rite esse acta praesumuntur. All things are presumed to have been done in due form. [Cases: Evidence <:8:= 2, 83.] Omnis actio est loquela. Every action is a complaint. Omnis conclusio boni et veri judicii sequitur ex bonis et veris praemissis et dictis juratorum. Every conclusion of a good and true judgment follows from good and true premises and the verdicts of jurors. Omnis consensus toliit errorem. Every consent removes an error. 2 Co. Inst. 123. [Cases: New Trial <::= 10.] Omnis definitio in jure civili periculosa est, parum est enim ut non subverti possit. Every definition in the civil lawis dangerous, for there is very little thatcannot be overthrown. Omnis exceptio est ipsa quoque regula. Every exception is itself also a rule. Omnis indemnatus pro innoxio legibus habetur. Every uncondemned person is held by the law as innocent. Omnis innovatio plus novitate perturbat quam utilitate prodest. Every innovation disturbs by its novelty more than it benefits by its usefulness. Omnisinterpretatio sifieri potest itafienda est in instru-mentis, ut omnes contrarietates amoveantur. Every interpretation of instruments is to be made, if it can be, so that all contradictions may be removed. Omnis interpretatio vel declarat, vel extendit, vel restringit. Every interpretation explains, or extends, or restricts. Omnis nova constitutio futuris formam imponere debet, et non praeteritis. Every new enactment should regulate future, not past transactions; every new law must impose its form on future cases and not past ones. • This maxim states the presumption against retroactivity. The phrase is sometimes written Omnis nova constitutiofuturis (temporibus) formam imponere debet, non praeteritis. Omnis persona est homo, sed non vicissim. Every person is a human being, but not every human being a person. Omnis privatio praesupponit habitum. Every privation presupposes possession. • "Every discontinuance is a privation ... and he cannot discontinue that estate which he never had." Co. Litt. 339a. Omnis querela et omnis actio injuriarum limitata est infra certa tempora. Every plaint and every action for injuries is limited within fixed times. Omnis ratihabitio retrotrahitur et mandato priori aeq-uiparatur. Every subsequent ratification has a retrospective effect and is equivalent to a prior command. [Cases: Principal and Agent 175(3); Torts 130.] Omnis regula suas patitur exceptiones. Every rule oflaw allows its own exceptions. Omnium contributione sarciatur quod pro omnibus datum est. What has been given for all should be compensated by the contribution of all. Omnium rerum quarum usus est, potest esse abusus, virtute solo excepta. Of every thing of which there is a use, there can be abuse, virtue alone excepted. Opinio quae favet testamento est tenenda. That opinion is to be followed which favors the will. Oportet quod certa res deducatur in judicium. A thing, to be brought to judgment, must be definite. Oportet quod certa sit res quae venditur. A thing, to be sold, must be definite. Optima enim est legium interpres consuetudo. Custom is the best interpreter of laws. Dig. 1.3.37. Optima est lex quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi. It is the best law that leaves the least to the discretion of the judge; the best judge is he who leaves least to himself. Optima legum interpres est consuetudo. Custom is the best interpreter of law. Optimam esse legem quae minimum relinquit arbitrio judicis; id quod certitudo ejus praestat. The law is the best that leaves the least discretion to the judge; this advantage results from its certainty. Optima statuti interpretatrix est (omnibus particulis ejusdem inspectis) ipsum statutum. The best interpreter of a statute is (when all the separate parts of it have been considered) the statute itself. Optimus interpres rerum usus. Usage is the best interpreter of things. Optimus interpretandi modus est sic leges interpretare ut leges legibus accordant. The best mode of interpret- laws is to make laws agree with laws. Optimus judex qui minimum sibi. He is the best judge who (leaves) the least to his own discretion. Optimus legum interpresconsuetudo. Custom is the best interpreter of laws. Ordine placitandi servato, servatur et jus. When order of pleading has been preserved, the law is also preserved. Origine propria neminem posse voluntate sua eximi manifestum est. It is manifest that no one by his own willcan be stripped ofhis origin (or be banished frorr his place of origin). Origo rei inspici debet. The origin of a thing ought to be regarded. Pacta conventa quae neque contra leges neque dolo malo inita sunt, omni modo observanda sunt. Contracts thathave been entered neither illegally nor with fraud must in all respects be observed. Pacta dant legem contractui. Agreementsgive law to the contract. Pacta privata juri publico derogare non possunt. Private contracts cannot restrict (or take away from) public law. Pacta quae contra leges constitutionesque vel contra bonos moresfiunt nullam vim habere, indubitati juris est. It is a matter of unquestionable law that contracts against the laws and statutes, or against moral standards, have no force. Pacta quae turpem causam continent non sunt obser-vanda. Contracts founded on an immoral consideration are not to be observed. Pactis privatorum juri publico non derogatur. There is no derogation from public law by private contracts. Pacto aliquid licitum est quod sine pacto non admittitur. By agreement (or contract) something is permitted that, without agreement, is not allowed. • Coke continues, "but not in violation of public law." Co. Litt.166. Parens est nomen generale ad omne genus cognationis. "Parent" is a general name for every kind of relationship. Parentum est liberos alere etiam nothos. It is the role of parents to support their children even when illegitimate. Paria copulantur paribus. Similar things unite with similar. Paribus sententiis reus absolvitur. When opinions are evenly divided, the defendant is acquitted. 4 Co. Inst. 64. Par in parem imperium non habet. An equal has no power over an equal. Partem a/iquam recte intelligere nemo potest, antequam totum iterum atque iterum perlegerit. No one can rightly understand anypartuntil hehasread the whole again and again. Parte quacumque integrante sublata, tollitur totum. When any essential part has been removed, the whole is removed (or destroyed). Partus ex legitimo thoro non certius noscit matrem quam genitorem suum. The offspring of a legitimate bed does not know his mother more certainlv' than his father. Partus sequitur ventrem. The offspringfollows the condition of the mother (literally, the womb). Parum est latam esse sententiam, nisi mandetur execu-tioni. It is not enough that judgment has been given if it is not committed to execution. Parum proficit scire quid fieri debet si non cognoscas quomodo sit facturum. It doeslittle good to know what ought to happen, if you do not know how it will take effect. Pater est quem nuptlae demonstrant. The father is the man whom the marriage indicates. - This expresses the idea that a child born to a married woman is presumed begotten her husband. [Cases: Children Out-ofWedlock Pater is est quem nuptiae demonstrant. The father is he whom the marriage indicates. Patria laboribus et expensis non debet fatigari. A jury ought not to be wearied with labors and expenses. Patria potestas in pietate debet, non in atrocitate con-sistere. Parental authority should consist in devotion, not dread. Peccata contra naturam sunt gravissima. Offenses against nature are the most serious. Peccatum peccato addit qui culpae quam facit patrocin-ium defensionis adjungit. A person adds one offense to another, who, when he commits a crime, joins to it the protection of a defense. Pendente lite nihil innovetur. During litigation, let nothing be changed. Per alluvionem id videtur adici, quod ita paulatim adicitur ut intelligere non possimus quantum quoque momenta temp oris adiciatur. That is considered "added by alluvion" which accumulates so gradu- ally that we cannot tell how much is added at. any one moment of time. Dig. 41.1.7.1. Perfectum est cui nihil deest secundum suae perfectio-nis vel naturae modum. That is perfect which lacks nothing according to the measure of its perfection or nature. Periculosum est res novas et inusitatas inducere. It is dangerous to introduce new and unaccustomed things. Periculum rei venditae, nondum traditae, est emptoris. The purchaser assumes the risk for a thing sold, but not yet delivered. Perjuri sunt qui servatis verbis juramenti decipiunt aures eorum qui accipiunt. Those who preserve the words of an oath but deceive the ears of those who accept it are perjurors. - Coke adds, "By ancient law of England, in all oathes equivocation is utterly condemned." 3 Co. Inst. 166. Perpetua lex est nullam legem humanam ac positi-vam perpetuam esse; et clausula quae abrogationem excludit ab initio non valet. It is a perpetual law that no human or positive law can be perpetual; and a clause in a law that precludes abrogation is void from the outset. Per rationes pervenitur ad legitimam rationem. By reasoning we come to legal reason. Per rerum naturam factum negantis nulla probatio est. By the nature of things, a person who denies a fact is not bound to give proof. ' Persona conjuncta aequiparatur interesse proprio. A personal connection is equivalent to one's own interest. Persona est homo cum statu quodam consideratus. A person is a human being considered with reference to a certain status. Personae vice fungitur municipium et decuria. Towns and boroughs act in the role of persons. Personalia personam sequuntur. Personal things follow the person. Perspicua vera non sunt prabanda. Plain truths are not to be proved. Per varios actus legem experientia facit. In the course of various acts, experience frames the law. Pirata est hostis humani generis. A pirate is an enemy of the human race. Placita negativa duo exitum non faciunt. Two negative pleas do not form an issue. Plena et celeris justitiafiat partibus. Let the parties have full and speedyjustice. Pluralis numerus est duobus contentus. The plural number is satisfied with two. Plures cohaeredes sunt quasi unum corpus, propter unitatem juris quod habent. Several coheirs are as one body> by reason of the unity of right that they possess. AppendixB 1860 Plures participes sunt quasi unum corpus in eo quod unum jus habent. Several coheirs (or parceners) are as one body in that they have one right. Co. Litt. 164. Plus exempla quam peccata nocent. Examples hurt more than offenses. Plus peccat auctor quam actor. The instigator of a crime is a worse offender than the perpetrator. Plus valet unus oculatus testis quam auriti decem. One eyewitness is better than ten earwitnesses. Plus valet vulgaris consuetudo quam regalis concessio. Common custom is better than royal grant. Plus vident oculi quam oculus. Several eyes see more than one. Poena ad paucos, metus ad omnes perveniat. Let punishment be inflicted on a few. dread on all. Poenae potius molliendae quam exasperandae sunt. Punishments should rather be softened than aggravated. Poenae sunt restringendae. Punishments should be restrained. Poena ex delicto defuncti haeres teneri non debet. The heir ought not to be penalized for the wrong (or crime) of the decedent. Poena non potest, culpa perennis erit. Punishment cannot be. guilt will be. perpetual. Poena suos tenere debet aetores et non alios. Punishment should take hold of the guilty (who commit the wrong), and not others. Bracton 380b. Poena tolU potest, culpa perennis erit. The punishment can be removed, but the guilt will be perpetual. Politiae legibus, non leges politiis, adaptandae. Politics are to be adapted to the laws, not the laws to politics. Polygamia est plurium simul virorum uxorumve con-nubium. Polygamy is being married to more than one husband or wife at one time. Ponderantur testes, non numerantur. Witnesses are weighed, not counted. Posito uno oppositorum negatur alterum. One of two opposite positions having been affirmed, the other is denied. Possessio est quasi pedis positio. Possession is, as it were, the position of the foot. Possessio fratris de feodo simplici facit sororem esse haeredem. Possession by the brother in fee simple makes the sister an heir. Possessio pacifica per annos 60 facit jus. Peaceable possession for 60 years gives a right. Posteriora derogant prioribus. Later things restrict (or detract from) earlier ones. Posthumus pro nato habetur. A posthumous child is considered as though born (before the father's death). Postliminiumfingi!eum qui captus est semper in civitate fuisse. Postliminy (restoration of rights) imagines that a person who has been captured has never left the state. • A person captured by the enemy, who later returns, is restored to all his former rights. Just. Inst. 1.12.5. Potentia debet sequi justitiam, non antecedere. Power ought to follow, not to precede, justice. Potentia inutilisfrustra est. Useless power is in vain. Potentia non est nisi ad bonum. Power is not conferred but for the (public) good. Potestas striete interpretatur. A power should be strictly interpreted. Potestas suprema seipsum dissolvere potest, ligare non potest. Supreme power can dissolve (or release), but cannot bind, itself. Potest quis renunciare, pro se et suis, jus quod pro se introductum est. A person may relinquish, for himself and his heirs, a right that was introduced for his own benefit. Potior est conditio defendentis. Stronger is the condition of the defendant (than that of the plaintiff). Potior est conditio possidentis. Stronger is the condition of the possessor. Praedium servit praedio. Land is under servitude to land. • A servitude is not a personal right, but attaches to the dominant tenement. Praepropera consilia raro sunt prospera. Hasty counsel 5 are seldom prosperous. Praescriptio est titulus ex usu et tempore substantiaw capiens ab auctoritate legis. Prescription is a title derived from usage and time, given substance by the authority of law. Co. Lilt. 113. Praescriptio et executio non pertinent ad valorem contractus, sed ad tempus et modum actionis institu-endae. Prescription and execution do not affect the validity of the contract, but affect the time and manner of bringing an action. Praesentare nihil aliud est quam praesto dare seu oJferre. To present is nothing other than to give or offer on the spot. Praesentia corporis toUit errorem nominis, et veritas nominis tollit errorem demonstrationis. The presence of the body cancels an error in the name; the truth of the name cancels an error in the description. Praestat cautela quam medela. Prevention is better than cure. Praesumatur pro justitia sententiae. Let there be a presumption of sentence's justice. Praesumitur pro legitimatione. 1here is a presumption in favor of legitimacy. Praesumptio cedit veritati. A presumption yields to the truth. Praesumptio ex eo quod plerumque fit. A presumption arises from what generally happens. Praesumptiones sunt conjecturae ex signo verisimili ad probandum assumptae. Presumptions are conjectures based on indications of probable truth, assumed for the purpose of establishing proof. Praesumptio opponitur probationi. A presumption is distinguished from proof. Praesumptio violenta plena probatio. Forceful presumption is full proof. Praesumptio violenta valet in lege. Forceful presumption is effective in law. Praetextu liciti non debet admitti illicitum. What is illegal ought not to be admitted under pretext of legality. Praxis judicum est interpres legum. The practice of the judges is the interpreter of the laws. Pretium succedit in locum rei. The price takes the place of the thing sold. Prima pars aequitatis aequalitas. The first part of equity is equality. Primo executienda est verbi vis, ne sermonis vitio obstruatur oratio, sive lex sine argumentis. The force of a word is to be first examined, lest by the fault of diction the sentence be destroyed or the law be without arguments. Princeps et respublica ex justa causa possunt rem meam auferre. The king and the commonwealth can take away my property for just cause. Princeps legibus solutus est. The emperor is not bound by statutes. Dig. 1.3.31. Principalis debet semper excuti antequam pervenia-tur ad fideijussores. The principal should always be exhausted before resorting to the sureties. Principia probant, non probantur. Principles prove; they are not proved. Principiis obsta. Oppose beginnings. • Opposes thing in . its inception in order to have any success against it. Principiorum non est ratio. There is no reasoning of principles. Principium est potissima pars cujusque rei. The beginning is the most powerful part of each thing. Prior tempore, potior jure. Earlier in time, stronger in right. Privatio praesupponit habitum. Deprivation presupposes possession. Privatis pactionibus non dubium est non laedi jus caeterorum. There is no doubt that the rights of others (not party to the agreement) cannot be prejudiced by private agreements. Privatorum conventio juri publico non derogat. An agreement of private persons does not derogate from public law. Privatum commodum publico cedit. Private yields to public advantage. Privatum incommodum publico bono pensatur. Private disadvantage is made up for by public good. Privilegium est beneficium personale et extinguitur cum persona. A privilege is a benefit belonging to a person, and it dies with the person. Privilegium est quasi privata lex. A privilege is, as it were, a private law. Privilegium non valet contra rempublicam. A privilege has no force against the commonwealth. Probandi necessitas incumbit illi qui agit. The necessity of proving rests on the one who sues (or claims some right). Just. lnst. 2.20.5. Probationes debent esse evidentes, (id est) perspicuae et faciles intelligi. Proofs ought to be evident, (that is) clear and easily understood. Probatis extremis, praesumitur media. When the extremes have been proved, the intermediate proceedings are presumed. Processuslegis est gravis vexatio; executio legis coronat opus. The process of the law is heavy hardship; the execution of the law crowns (or rewards) the work. Prohibetur ne quis faciat in suo quod nocere possit alieno. It is prohibited for anyone to do on his own property what may injure another's. Proles sequitur sortem paternam. The offspring follows the condItion of the father. Propinquior excludit propinquum; propinquus remotum; et remotus remotiorem. A nearer relation excludes a near one; a near relation excludes one distant (or removed); a distant relative excludes one yet more removed. Co. Litt. 10. Propositio indefinita aequipollet universali. An indefinite proposition is equal to a general one. Pro possessione praesumitur de jure. From possession arises a presumption of right. Pro possessore habetur qui dolo injuriave desiit possi-dere. A person is considered a possessor who has ceased possession through fraud or injury. Proprietas totius navis carinae causam sequitur. The property of the whole ship follows the condition of the keel. Proprietates verborum observandae sunt. The proprieties (i.e., proper meanings) of words are to be observed. Prosecutio legis est gravis vexatio; executio legis coronat opus. Litigation is a heavy hardship, but execution of the law crowns (or rewards) the work. Protectio trahit subjectionem, subjectio protectionem. Protection brings submission; submission (brings) protection. Proviso est providere praesentia et futura, non praet-erita. A proviso is to provide for things present and future, not past. Prudenter agit qui praecepto legis obtemperat. A person acts prudently who obeys the precept of law. Pueri sunt de sanguine parentum, sed pater et mater non sunt de sanguine puerorum. Children are of the blood of their parents, but the father and mother are not of the blood of their children. Pupillus pati posse non intelligitur. A pupil is not con-sideredable to suffer. _ That is, a pupilis not competent to permit or do what would be prejudicial to him. Dig. 50.17.110.2. Quae ab hosttbus capiuntur, statim capientium fiunt. Things taken from public enemies immediately become the property of the captors. Quae ab initio inutilisfuit institutio, ex post facto conva-lescere non potest. An institution void in the beginning cannot acquire validity by a subsequent act. Quae ab initio non valent, ex postfacto convalescere non possunt. Things invalid from the beginning cannot be made valid by a subsequent act. Quae accessionum locum obtinent, extinguuntur cum principales res peremptaefuerint. When the principal isextinguished, those things that are accessory to it are also extinguished. Dig. 33.8.2. Quae ad unum finem locuta sunt, non debent adalium detorqueri. What speaks to one purpose ought not to be twisted to another. Quae cohaerent personae a persona separari nequeunt. Things that belong to the person cannot be separated from the person. Quae communi legi derogant stricte interpretantur. (Statutes) that derogate from the common law should be strictly construed. Quae contra rationem jurisintroducta sunt, non debent trahi in consequentiam. Things introduced contrary to the reason of the law ought not to be drawn into precedents. _ "We do find divers precedents ... which are utterly against law and reason and for that void." l2 Coke 75. Quaecunque intra rationem legis inveniuntur, intra legem ipsam esse judicantur. Whatever appears within the reason of the law is considered within the law itself. Quae dubitationis causa tollendae inseruntur communem legem non laedunt. Whatever is inserted for the purpose of removing doubt does not hurt the common law. Quae dubitationis tollendae causa contractibus inse-runtur jus commune non laedunt. Clauses inserted in agreements to remove ambiguity do not prejudice the general law. Dig. 50.17.81. Quae incontinenti (vel certo) fiunt inesse videntur. Things that are done immediately (or with certainty) are considered part of the same transaction. Co. Litt. 236b. Quae in curia acta sunt rite agi praesumuntur. What is done in court ispresumed to be rightly done. Quae in curia regis acta sunt rite agi praesumuntur. Things that are done in the king's court are presumed to be rightly done. Quae in partes dividi nequeunt solida a singulis praes-tantur. Things (such as services) that cannot be divided into parts are rendered entire by each severally. Quae inter alios acta sunt nemini nocere debent, sed prodesse possunt. Transactions between others can benefit, but should not injure, anyone who isnot party to them. Quae in testamento ita sunt scripta ut intelligi non possint, perinde sunt acsi scripta non essent. Things that are so written in a will that they cannot be understood are as if they had not been wiitten. Quae legi communi derogant non sunt trahenda in exemplum.Things that derogate (or detract) from the common law are not to be drawn into precedent. Quae legi communi derogant stricte interpretantur. Things that derogate (or detract) from the common law are construed strictly. Quaelibet concessiofortissime contra donatorem inter-pretanda est. Every grant is to be construed most strongly against the grantor. Quaelibet jurisdictio cancellos suos habet. Every jurisdiction has its boundaries. Quaelibet poena corporalis, quamvis minima, major est qualibet poena pecuniaria. Every corporal punishment, although the very least, is greater than any pecuniary punishment. Quae mala sunt inchoata in principio vix bono peragun-tur exitu. Things bad in the commencement seldom end well. Quae non fieri debent,facta valent. Things that ought not to be done are held valid when they have been done. Quae non valeant singula, juncta juvant. Things that may not availindividually have effect when united. Quae praeter consuetudinem etmorem majorum fiunt, neque placent neque recta videntur. What is done contrary to the custom and usage of our ancestors neither pleases nor is considered right. Quae propter necessitatem recepta sunt, non debent in argumentum trahi. Things that are accepted as a matter of necessity ought not to be brought into the argument. Dig. 50.17.l62. Quaeras de dubiis, legem bene discere si vis. Inquire into doubtful points if you wish to understand the law well. Quaere de dubiis, quia per rationes pervenitur ad legiti-mam rationem. Inquire into doubtful points, because through reasoning we arrive at legal reason. Quaerere dat sapere quae sunt legitima vere. To investigate is the way to know what things are truly lawfuL Quae rerum natura prohibentur nulla lege confirmata sunt. What is prohibited by the nature of things can be confirmed by no law. Quae singula non prosunt, juncta juvant. Things that are of no advantage indiVidually are helpful when taken together. Quae sunt minoris culpae sunt majoris infamiae. Offenses that are of lesser guilt are of greater infamy. Qualitas quae inesse debet, facile praesumitur. A quality that ought to be inherent is easily presumed. Quam longum debet esse rationabile tempus, non definitur in lege, sed pendet ex discretione justicia-riorum. How long a time should be "reasonable" the law does not define; it depends on the discretion of the judges. Quam rationabilis debet esse finis, non definitur, sed omnibus circumstantiis inspectis pendet ex justicia- riorum discretione. How reasonable a fine should be is not defined, but depends on the discretion of the judges, after all the circumstances have been considered. Quamvis aliquid per se non sit malum, tamen si sit mali exempli, non est faciendum. Although in itself a thing may not be bad, yet if it serves as a bad example, it is not to be done. Quamvis lex generaliter loquitur, restringenda tamen est, utcessante ratione et ipsa cessat. Although a law speaks generally, it must bear some restriction, since the law ceases (or loses effect) when the reason ceases. Quando aliquid conceditur, conceditur id sine quo illud fieri non possit. When anything is granted, that also is granted without which it cannot take effect. Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud. When anything is commanded, everything by which it can be accomplished is also commanded. Quando aliquid per se non sit malum, tamen si sit mali exempli, non est faciendum. When anything by itself is not evil, and yet if it is an example for evil, it is not to be done. Quando aliquid prohibetur ex directo, prohibetur et per . obliquum. When anything is prohibited directly, it is also prohibited indirectly. Quando aliquid prohibetur, prohibetur omne per quod devenitur ad illud. When anything is prohibited, everything by which it is arrived atis prohibited. Quando aliquis aliquid concedit, concedere videtur et id s;ne quo res uti non potest. When a person grants a thing, he is supposed to grant that also without which the thing cannot be used. Quando charta continet generalem clausulam, posteaque descendit ad verba specialia quae clausulae generali sunt consentanea, interpretanda est charta secundum verba specialia. When a deed contains a general clause, and afterwards descends to special words that are con- sistent with the general clause, the deed is to be construed according to the special words. Quando de una et eadem re, duo onerabiles existunt, unus, pro insufficientia alterius, de integro onera-bitur. When two persons are liable concerning one and the same thing, if one makes default, the other must bear the whole liability. Quando dispositio referri potest ad duas res, ita quod secundum relationem unam vitiatur et secundum alteram utilis sit, tum facienda est relatio adillam ut valeat dispositio. When a disposition can refer to two matters, so that according to one reference it would be void and by another it would be effective, reference must be made to the latter, so that the disposition may take effect. Quando divers; desiderantur actus ad aliquem statum perficiendum, plus respicit lex actum originalem. When different acts are required to the formation of any estate, thelaw chiefly regards the original act. Quando duo jura concurrunt in una persona, aequum est ac si essent in diversis. When two rights run together in one person, itis the same asif they were in separate persons. Quando jus domini regis et subditi concurrunt, jus regis praeferri debet. When the right of the sovereign king and of the subject run together (or clash), the right of the king ought to be preferred . Quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest. When the law grants anything to anyone, it is considered to grant that without which the thing itself cannot be (the sine qua non). 5 Coke 47. Quando lex aliquid alicui concedit, omnia incidentia tacite conceduntur. When the law gives anything to anyone, it gives tacitly all that is incident to it. Quando lex est specialis, ratio autem generalis, gen-eraliter lex est intelligenda. When the law is special, but its reason is general, the law is to be understood generally. Quando licit id quod majus, videtur licere id quod minus. When the greater is allowed, the lesser is considered to be allowed also. Quando mulier nobilis nupserit ignobili desinit esse nobilis nisi nobilitas nata fuit. When a noble woman marries a man not noble, she ceases to be noble, unless she was born noble. Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est. When more is done than ought to be done, that at least is considered as performed that should have been performed. Quando quod ago non valet ut ago, valeat quantum valere potest. Whenwhat I do does nothaveeffect as I do it, let it have as much effect as it can. Quando res non valet ut ago, valeat quantum valere potest. When the thing is of no force as I do it, let it have as much as it can have . Quando verba et mens congruunt, non est interpretation; locus. When the words and the mind agree, there is no room for interpretation. Quando verba statuti sunt specialia, ratio autem gen-eralis, generaliter statutum est intelligendum. When the words of a statute are special, but the reason for it general, the statute is to be construed generally. Quemadmodum ad quaestionem facti non respondent judices, ita ad quaestionem juris non respondent jura-tores. In the same manner that judges do not answer questions of fact, so jurors do not answer questions of law. Qui accusat integrae famae sit et non criminosus. Let the one who accuses be of honest reputation and not implicated in a crime. Qui acquirit sibi acquirit haeredibus. A person who acquires for himself acquires for his heirs. Qui adimit medium dirimit finem. A person who takes away the means destroys the end. Qui aliquid statuerit parte inaudita altera, aequum licet dixerit, haud aequumfecerit. One who has decided anything without hearing the other party, even though he has said what is right, has done wrong. Qui alterius jure utitur, eodem jure uti debet. A person who uses the right of another ought to use the same right. Qui bene distinguit bene docet. One who distinguishes well teaches well. Qui bene interrogat bene docet. One who questions well teaches well. Qui cadit a syllaba cadit a tota causa. One who fails in a syllable fails in his whole cause. Qui concedit aliquid, concedere videtur et id sine quo res ipsa esse non potuit (sine quo concessio est irrita). A person who grants anything is considered as granting that without which the thing itself could not be (without which the grant is invalid). • More precisely, Cuicunque aliquis qUid concedit (q.v.). 11 Coke 52. The maxim is sometimes written Qui concedit aliquid concedere videtur et id sine quo concessio est irrita, sine quo res ipsa esse non potuit (meaning "he who concedes anything is considered as conceding that without which his concession would be of no effect, without which the thing itself could not exist"). Qui confirmat nihil dat. A person who confirms gives nothing. Qui contemnit praeceptum, contemnit praecipientem. A person who shows contempt for the precept shows contempt for the author (or advocate) or it. Quicquid acquiritur servo, acquiritur domino. Whatever is acquired by the servant is acquired for the master. Quicquid demonstratae rei additur satis demonstratae frustra est. Whatever is added to the description of a thing already sufficiently described is of no effect. Quicquid est contranormam recti est injuria. Whatever is against the rule of right is a wrong. Quicquid in excessu actum est, lege prohibetur. Whatever is done in excess is prohibited by law. Quicquid judicis auctoritati subjicitur, novitati non sub-jicitur. Whatever is subject to the authority of a judge is not subject to innovation. Quicquid plantatur solo, solo cedit. Whatever is affixed to the soil belongs to it. [Cases: Mortgages C^'203; Property^^4.] Quicquid recipitur, redpitur secundum modum recipi-entis. Whatever is received is received according to the direction of the recipient. Quicquid solvitur, solvitur secundum modum solventis. Whatever is paid is paid according to the direction of the payer. Qui cum alio contrahit, vel est vel debet esse non ignarus conditionis ejus. A party who contracts with another either is or ought to be cognizant of that party's condition. • Otherwise, he is not excusable. Dig. 50.17.19. Qui dat finem dat media ad finem necessaria. A person who gives an end gives the necessary means to that end. Qui destruit medium destruit finem. A person who destroys themeans destroys the end. Qui doit inheriter al pere, doit inheriter al fitz. One who ought to inherit from the father ought to inherit from the son. Quidquid enim sive dolo et culpa venditoris accidit in eo venditor securus est. For concerning anything that occurs without deceit and guilt on the part of the vendor, the vendor is secure. Quid sit jus, et in quo consistit injuria, legis est definire. What constitutes right, and wherein lies the injury, i' is the function of the law to declare. Quid turpi ex causa promissum est non valet. A promise arising from a wrongful cause is invalid. Quieta non movere. Not to disturb what is settled. [Cases: Courts 'C -89 90.] Qui evertit causam evertit causatumfuturum. One who overthrows the cause overthrows its future effects. Qui ex damnato coitu nascuntur, inter liberos non com-putentur. They who are born of an illicit union should not be counted among children. Quifacit id quod plus est, fadt id quod minus est, sed non convertitur. A person who does that which ismore does that which is less, but not vice versa. Qui facit per alium fadt per se. A person who acts through another acts himself.* The acts ofan agent are considered the acts of the principal. [Cases: Labor and Employment <0^3026; Principal and Agent C- 92.] Qui habet jurisdictionem absolvendi, habet jurisdic-tionem ligandi. One who has jurisdiction for dissolving (an obligation) has jurisdiction to bind. Qui haeret in litera, haeret in cortice. One who clings to the letter clings to the shell (or surface). Qui ignorat quantum solvere debeat, non patest improbus videri A person who does not know what he ought to pay cannot be regarded as dishonest. * Also in reverse order: Non potest improbus videri qui ignorat quantum solvere debeat. Dig. 50.17.99. Qui in jus dominiumve alterius succedit jure ejus uti debet. One who succeeds to another's right or property ought to use that person's right. • That is, the successor has the same rights and liabilities as attached to that property or interest in the hands of the assignor. Qui inscienter peccat, scienter emendet. One who offends unwittingly must make good knowingly. Qui in utero est, pro jam nato habetur quoties de ejus commodo quaeritur. A child in the womb is considered as born, whenever there is a question of benefit to the child. Qui jure suo utitur, nemini facit injuriam. A person who exercises his proper right harms no one .•This maxim is sometimes written Qui jure suo utitur neminem laedit (meaning "he who exercises his right injures no one"). Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est. A person who has done anything by order of a judge is not considered to have acted in fraud, because it is necessary to obey. Quilibet potest renunciare juri pro se inducto. Anyone may renounce a right introduced for his own benefit. Qui male agit odit lucem. A person who does wrong hates the light (of discovery). ^ui mandat ipse fecisse videtur. A person who commands (a thing to be done) is considered to have done it himself. Qui melius probat, melius habet. The party who gives better proof has the better (right). • Often rendered, he who proves more recovers more. Quinascitur sine legitimo matrimonio, matrem sequitur. A child who is born out of lawful matrimony follows the condition of the mother. Qui non cadunt inconstantem virum, vani timores sunt aestimandi. Those fears are considered vain (or frivolous) that do not affect a man of stable character. Qui non habet, We non dat. Who has not gives not. Quinon habet in aere, luat in corpore, ne quis peccetur impune. Let him who has not (the wherewithal to pay) in money pay in his person (I.e., by corporal punishment), lest anyone be wronged with impunity. Qui non habet in aere, luet in corpore. '\That a man cannot pay with his purse, he mustsuffer in person. Qui non habet potestatem alienandi habet necessitatem retinendi. A person who has not the power of alienating is obliged to retain. Quinon improbat approbat. A person who does not disapprove approves. Qui non negat fatetur. A person who does not deny admits. Qui non obstat quod obstare potest, facere videtur. A person who does not prevent what he can prevent is considered to act. Qui non prohibet cum prohibere possU, jubet. A person who does not forbid when he can forbid commands. Qui non prohibet quod prohibere potest, assentire videtur. A person who does not forbid what he can forbid is considered to assent. Qui non propulsat injuriam quando potest infert. A person who does not repel an injury when he can brings it on. Qui obstruit aditum destruit commodum. A person who obstructs an entrance destroys a conveniency. Qui omne dicit nihil excludit. A person who says all excludes nothing. Qui pardt nocentibus innocentes punit. A person who spares the guilty punishes the innocent. Qui peccat ebrius, 'uat sobrius. Let him who offends while drunk be punished when sober; one who offends when drunk must pay when sober. - The phrase is sometimes taken to mean that one who sins ignorantly must correct it knowingly. Qui per alium facit per seipsum facere videtur. A person who does anything through another is considered as doing it himself. Qui per fraudem agit frustra agit. A person who acts fraudulently acts in vain. Qui potest et debet vetare, tacens jubet. A person who can and ought to forbid a thing (as much as) orders it, if he keeps silent. Qui primum peccat ille facit rixam. Who first offends causes the quarreL Qui prior est tempore potior estjure, The person who is prior in time is stronger in right. [Cases: Courts 475; Equity (;=>60.) Qui pro me aliquid facit, mihi fecisse videtur. A person who does something in my behalf is considered to have done it to me (for me). • "To do a service for a man is to do it to him." 2 Co. Inst. 500. Qui providet sibi, providet haeredibus. A person who provides for himself prOVides for his heirs. Qui rationem in omnibus quaerunt rationem subver-tunt. They who seek a reason for everything subvert reason. Qui sciens solvit indebitum donandi consilio id videtur fedsse. A person who knowingly pays what is not due is considered to have done itwith the intention of making a gift. Qui semel actionem renunciaverit, amplius repetere non potest. A litigant who has once renounced his action cannot bring it any longer. Qui semel malus, semper praesumitur esse malus in eodem genere. A person who is once bad is always presumed to be bad in the same kind of affair. Qui sentit commodum, sentire debet et onus. A person who enjoys the benefit ought also to bear the burden. [Cases: Tenancy in Common C=>30.) Qui sentit commodum sentire debet et onus; et e contra. A person who enjoys the benefit ought also to bear the burden; and the contrary. Qui sentit onus, sentire debet et commodum. A person who feels the burden ought also to feel the benefit. Quisquis est qui velit jurisconsultus haberi, continue[ studium, velit a quocunque doceri. Whoever there is who wishes to be regarded as a jurisconsult (legal expert) should prolong his study and be willing to be taught by everyone. Qui tacet consentire videtur. A party who is silent appears to consent. [Cases: Contracts (>22(1).] Qui tacet consentire videtur ubi tractatur de ejus commodo. A party who is silent is considered as assenting' when his advantage is debated. Qui tacet non utique fatetur, sed tamen verum est eum non negare. A person who is silent does not indeed confess, but yet it is true that he does not deny. Qui tardius solvit minus solvit. A person who pays too late pays less (than he ought). Qui vultdecipi, decipiatur. Let one who wishes to be deceived be deceived. [Cases: Sales O-■ 41.] Quod ab initio non valet, (in) tractu temporis non con-valescet. What is ill from the outset will not be cured by passage of time. Quod ad jus naturale attinet, omnes homines aequales sunt. All men are equal as far as natural law is concerned. Quod aedificatur in area legata cedit legato. Whatever is built on land given by will passes with the gift of the land. Quod alias bonum et justum est, si per vim vel fraudem petatur, malum et injustum efficitur. What is otherwise good and just, if it is sought by force or fraud, becomes bad and unjust. Quod alias non fuit licitum necessitas licitum facit. Necessity makes lawful what otherwise was unlawful. Quod approbo non reprobo. What I approve I do not disapprove. Quod a quoque poenae nomine exactum est id eidem restituere nemo cogitur. What has been exacted from someone as a penalty no one is obliged to restore to him. Quod attinetad jus civile, servi pro nullis habentur, non tamen et jure naturali, quia, quod ad jus naturale aftinet, omnes homines aequali sunt. So far as the civil law is concerned, slaves are not reckoned as nonentities, but not so by natural law, for so far as regards natural law, all men are equal. Quod constat clare, non debet verificari. What is dearly agreed need not be proved. Quod constat curiae, opere testium non indiget. What appears true to the court needs not the help of witnesses. Quod contra juris rationem receptum est, non est pro-ducendum ad consequentias. Whathasbeen admitted against the reason of the law ought not to be drawn into precedents. Quod contra legem fit, pro infecto habetur. What is done contrary to the law is considered as not done. Quod contrarationem juris receptum, non est producen-dum ad consequentias. That which is received against the reason of the law is not to be extended to its logical consequences. Quodcunque aliquis ob tutelam corporis sui fecerit jure id fecisse videtur. Whatever one does in defense of his person, he is considered to have done legally. Quod datum est ecclesiae, datum est Deo. What has been given to the church has been given to God. Quod demonstrandi causaadditur rei safis demonstra-tae, frustra fit. What is added for the sake of demonstration to a thing sufficiently demonstrated is done to no purpose. Quod dubitas, ne feceris. When in doubt, do not do it. Quod enim semel aut bis existit, praetereunt legisla-tores. Legislators pass by that which happens but once or twice. Quod est ex necessitate nunquam introducitur, nisi quando necessarium. Whatis introduced of necessit) is never introduced except when necessary. Quod est inconveniens aut contra rationem non per-missum est in lege. What is unsuitable or contrary to reason is not allowed in law. Quod est necessarium est licitum. What is necessary is lawful. Quod fieri debet facile praesumitur. That which ought to be done is easily presumed. Quod fieri non debet, factum valet. What ought not to be done, when done, is valid. Quod inconsulto fecimus, consultius revocemus. What we have done without due consideration we should. revoke with better consideration. Quod initio non valet, tractu temporis non valet. What is void in the beginning does not become valid by passage of time. Quod initio vitiosum est non potest tractu temporis convalescere. What is defective in origin cannot be mended by passage of time. Quod in jure scripto jus appellatur, id in lege AngUae rectum esse dicitur. What in the civil law (literally, written law) is called jus, in the law of England is said to be rectum (right). Quod in minori valet, valebit in major;; et quod in major; non valet, nee valebit in minori. What avails in the less will avail in the greater; and what does not avail in the greater will not avail in the less. Quod in uno similium valet, valebit in altero. What avails in one of two similar things will avail in the other. Quod ipsis, qui contraxerunt, obstat, et successoribus eorum obstabit. That which bars those who have contracted will bar their successors also. Quod jussu alterius solvitur pro eo est quasi ipsi solutum esset. That which is paid at the bidding of another has the same effect as if it had been paid to that person himself. • The party who has a debt paid for him is in the same position as though the money were paid to him directly. Dig. 17.180. Quod meum est sine facto meo vel defectu meo amitti vel in alium transferri non potest. What is mine cannot be lost or transferred to another without my act or through my forteiture. Quod meum est, sine facto sive defectu meo amitti seu in alium transferri non potest. What is mine cannot be lost or transferred to another without my own act or default. Quod meum est sine me auferri non potest. What is mine cannot be taken away without me (Le., my consent). Quod minus est in obligationem videtur deductum. That which is the lesser is held to be imported into the contract. Quod naturalis ratio inter omnes homines constituit, vocatur jus gentium. What natural reason has established among all men is called the law of nations. Quod necessarie intelligitur id non deest. What is necessarily understood is not lacking. Quod necessitas cogit, defendit. What necessity compels, it justifies. Quod non apparet non est, et non apparet judicialiter ante judicium. What appears not does not exist, and nothing appears judicially before judgment. Quod non capit Christus, capit fiscus. What Christ (or the church) does not take, the treasury takes, Quod non habet principium non habetfinem. What has no beginning has no end, Quod non legitur non creditur. What is not read is not believed. Quod non valet in principali, in accessorio seu consequent; non valebit; et quodnon valet in magis propin-quo, non valebit in magis remoto. What is not valid in the principal will not be valid in the accessory or consequence; and what has no effect in the nearer instance will be of no effect in the more remote. Quod nostrum est, sine facto sive defectu nostro, amitti seu in alium transferri non potest. That which is ours cannot be lost or transferred to another without our own act, our own default. Quod nullius esse potest, id ut alicujus fieret nulla obligatio valet efficere. What can belong to no one no agreement (or obligation) can make property of anyone. Dig. 50.17.182. Quod nullius est, est domini regis, That which belongs to nobody belongs to our lord the king, Quod nullius est id ratione naturali occupanti con-ceditur. What belongs to no one, by natural reason becomes property of the first occupant. Dig. 41.1.3. Quod nullum est, nullum producit effectum, That which is null produces no effect. Quod omnes tangit, ab omnibus debet supportari. What touches (or concerns) all ought to be supported by all. Quod per me non possum, nec per alium. What I cannot do in person, I also cannot do through the agency of another. Quod per recordum probatum non debet esse negatum. What is proved by the record ought not to be denied. Quod populus postremum jussit, id jus ratum esto. What the people have last enacted, let that be the established law, Quod principi placuit legis habet vigorem; utpote cum lege regia, quae de imperio ejus lata est, populus ei et in eum omne suum imperium et potestatem conferat, A decision of the emperor has the force of law; for, by the royal law that has been made concerning his authority, the people have conferred on him all their sovereignty and power. Dig, 1.4.1. Quod prius est verius est; et quod prius est tempore potius est jure. What is prior is truer; and what comes earlier in time is stronger in right. Quod privilegia quae re vera sunf in praejudicium rei-publicae, magis tamen speciosa habent frontispicia, et boni publici praetextum, quam bonae et legales con-cessiones, sed praetextu liciti non debet admitti illici-tum. There are privileges that are really detrimental to the state, butthathave a more colorful appearance and show of public good thangoodandlawful concessions. But the unlawful should not be accepted as valid on the ground of a showing of legality. Quod pro minore licitum est et pro majore licitum est, What is lawful in the lesser is also lawful in the greater. i Quod pure debetur praesenti die debetur. That which is due unconditionally is due the same day. Quodque dissolvitur eodem modo quo ligatur. In the same manner that anything is bound, it is unbound. Quod quis ex culpa sua damnum sentit, non intelligi-fur damnum sentire. The damage that any person suffers by his own fault he is not considered to suffer as damage, Dig. 50.17.203. Quod quisquis norit, in hoc se exerceat. Let every one employ himself in what he knows, Quod quis sciens indebitum dedit hac mente, ut postea repeteret, repetere non potest. What onehas paid knowing that it is not owed, with the intention of reclaiming it afterwards, he cannot recover. Dig. 12,6.50. Quod remedio destituitur ipsa re valet si culpa absit. What is without a remedy is by that very fact valid if there is no fault. Quod semel aut bis existit praetereunt legislatores. Legislators pass over what happens (only) once or twice. Quod semel meum est amplius meum esse non potest. What is once mine cannot be any more completely mine. Quod semel placuit in electione, amplius displicere non potest. That which in making his election a man has once decided, he cannot afterwards disavow. Quod solo inaedificatur solo cedit. Whatever is built on the soil goes with the soil. Quodsubcertaforma concessum vel reservatum est, non trahitur ad valorem vel compensationem. That which has been granted or reserved under a certain form is not to be drawn into valuation or compensation. Quod subintelligitur non deest. What is understood is not lacking. Quod tacite intelligitur deesse non videtur. What is tacitly understooddoes notappear to belacking. Quod vanum et inutile est, lex non requirit. The law does not require what is vain and useless. Quod vera contra rationem juris receptum est, non est producendum ad consequentias. But what has been admitted contrary to the reason of law ought not to be drawn into precedents. Quo ligatur, eo dissolvitur. As a thing is bound, so it is unbound. Quo modo quid constituitur eodem modo dissolvitur. In whatever mode a thing is constituted, in the same manner it is dissolved. Quorum praetextu nec auget nec minuit sententiam, sed tantum confirmat praemissa. "Quorum praetextu" neither increases nor diminishes the meaning, but only confirms what went before. Quotiens dubia interpretatio libertatis est, secundum libertatem respondendum erit. Whenever there is an interpretation doubtful as to liberty (or slavery), the decision must be in favor of liberty. Quotiens idem sermo duas sententias exprimit, ea potissimum accipiatur quae rei gerendae aptior est. Whenever the same words express two meanings, that is to be taken most strongly which is the better fitted for carrying out the proposed end. Quoties in stipulationibus ambigua oratio est, com-modissimum est id acdpiquo res de quo agitur in tuto sit. Whenever in stipulations the expression is ambiguous, it is most proper to give it that interpretation by which the subject matter may be in safety. Quoties in verbis nulla est ambiguitas, ibi nulla exposi-tio contra verba expressa fienda est. Whenever there is no ambiguity in the words, then no exposition contrary to the words is to be made. Quum de lucro duorum quaeratur, melior est conditio possidentis. When there is a question of gain (to one) of two parties, the condition of the possessor is the better. Quum in testamento ambigue aut etiam perperam scriptum est, benigne interpretar; et secundum id quod credible est cogitatum, credendum est. When in a will an ambiguous or even an erroneous expression occurs, it should be construed liberally and in accordance with what is thought the probable meaning (of the testator). Quum principalis causa non consistit, ne ea quidem quae sequuntur locum habent. When the principal cause does not stand, neither do the accessories (or consequences) obtain. Ratihabitiomandata aequiparatur. Ratification is equal to a command. • This maxim is sometimes written Ratihabitio mandato comparatur (meaning "ratification is eqUivalent to a command"). Ratio estformalis causa consuetudinis. Reason is the source and formal cause of custom. Ratio est legis anima, mutata legis ratione mutatur et lex. Reason is the soul of the law; when the reason of the law has been changed, the law is also changed. [Cases: Common LawC~;9.] Ratio et auctoritas duo ciarissima mundi lumina. Reason and authority are the two brightest lights in the world. Ratio in jure aequitas integra. Reason in law is perfect eqUity. Ratio legis est anima legis. The reason of the law is the soul of the law. [Cases: Statutes C—184.] Ratio non clauditur loco. Reason is not confined to any place. Ratio potest allegari deficiente lege, sed vera et legalis et non apparens. A reason can be adduced when the law is defective, but it must be a true and legal reason, and not specious (or apparent). Receditur a placitis juris potius quam injuriae et delicta maneant impunita. One departs from settled rules of law, rather than let crimes and wrongsremain unpunished. Redpitur in modum recipientis. A thing is received in the way the recipient intends. Recorda sunt vestigia vetustatis et veritatis. Records are vestiges of antiquity and truth. Recurrendumest ad extraordinarium quando non valet ordinarium. Wemust have recourse to what is extraordinary when what is ordinary fails. Reddenda singula singulis. Each must be put in each separate place .•That is, the several terms or items apply distributively, or each to its proper object. Regnum non est divisibile. The kingdom is not divisible. Regula est, juris quidem ignorantiam euique nocere, facti vero ignorantiam non noeere. The rule is that ignorance of the law is harmful (or prejudicial) to anyone, but ignorance of a fact is not. • Ignorance of a fact may excuse a party from the legal consequences of his conduct, but not ignorance of law. Regula pro lege, si deficit lex. If the law is inadequate, the maxim serves in its place. Regulariter non valet pactum de re mea non alienanda. As a rule, a contract not to alienate my property is not binding. Reipublicae interest voluntates defunctorum effectum sortiri. It is in the interest of the state that the wills of the dead should have their (intended) effect. Rei turpis nullum mandatum est. There is no mandate for a thing immoral (or illegal). - Hence, there is no action for failing to act on such a mandate. Dig. 17.1.6.3. Relatio est fictio juris et intenta ad unum. Relation is a fiction of law, and intended for one thing. - Coke explains, "Relatio is a fiction of law to make a nullity of a thing ab initio"; obstacles are removed for the one purpose, ut res magis valeat, that the matter have effect. 3 Coke 28. Relatio semper fiat ut valeat dispositio. Reference should always be made in such a manner that a disposition (in a will) may have effect. Relativorum cognito uno, cognoscitur et alterum. Of things relating to each other, one being known, the other is also known. Religio sequiturpatrem. Religion follows the father. • The father's religion is prima facie the infant's religion. Remissius imperanti melius paretur. A person com- manding not too strictly is better obeyed. Remoto impedimento, emergit actio. When the impediment has been removed, the action arises. Repellitur a sacramento infamis. An infamous person is prevented from taking an oath. Repellitur exceptione cedendarum actionum. (The 'litigant) is defeated by the plea that the actions have been aSSigned. Reprobata pecunia liberat solventem. Money refused releases the person paying (or offering payment). Reputatio est vulgaris opinio ubi non est veritas. Reputation is a common opinion where there is no certain knowledge. Rerum ordo confunditur, si unicuique jurisdictio non servetur. The order of things is confounded if the proper jurisdiction of each is not maintained, Rerum progressus ostendunt multa, quae in initio prae-caveri seu praevideri non possunt. The course of events reveals many things that in the beginning could not be guarded against or foreseen. Rerum suarum quilibet est moderator et arbiter. Every one is the manager and disposer of his own matters. Res accendent lumina rebus. Matters will throw light on (other) matters. Res accessoria sequitur rem principalem. An accessory follows its principal. Rescriptum principis contra jus non valet. The prince's rescript, if contrary to law, is of no avail. Res denominatur a principaliori parte. A thing is named from its more essential (or primary) part. Reservatio nondebetesse de proficuis ipsis quia ea con-ceduntur, sed de redditu novo extra proficua. A reservation ought not to be of the annual increase itself, because it is granted, but of new rent apart from the annual increase. Res est misera ubi jus est vagum et incertum. It is a miserable state ofthings where the law is vague and uncertain. Res generalem habet signijicationem, quiatam corporea, quam incorporea, cujuscunque sunt generis naturae sive speciei, comprehendit. The word "things" has a general signification, because it comprehends corporeal as well as incorporeal objects, of whatever sort, nature, or species. Resignatio est juris proprii spontanea refutatio. Resignation is the spontaneous rejection of one's own right. Res inter alios acta alUs non nocet. A thing done between two parties does not damage other parties; a matter transacted between parties (e.g., to a contract) does not prejudice nonparties. Res inter alios acta alter; nocere non debet. Things done between others ought not to injure an outsider (not party to them). [Cases: Evidence Cr--:;,130; Judgment ():6:;; 65.] Res inter alios judicatae nullum aliis praejudicium faciunt. Matters adjudged inthe lawsuits of others do not prejudice thosewho were not parties to them. Res judicata facit ex albo nigrum, ex nigro album, ex curvo rectum, ex recto curvum. A matter adjudged makes white black;black white; the crooked straight; the straight crooked. Res judicata pro veritate accipitur. A matter adjudged is taken for truth. Res nullius naturaliter fit prim; occupantis. A thing that has no owner naturally belongs to the first taker. Resoluto jure concedentis, resolvitur jus concessum. When the right of the grantor has been extingUished, the right granted is extinguished. Res periit domino suo. The destruction of the thing is a loss to its owner. Res per pecuniam aestimatur, et non pecunia per res. The value of a thing is estimated by its worth in money, and the value of money is not estimated by reference to things. Respiciendum est judicanti nequid aut durius aut remis-sius constituatur quam causa deposcit; nec enim aut severitatis aut dementiae gloria affectanda est. 1he person judging must see to it that nothing should be either more severely or more leniently construed than the cause itself demands; neither for severity nor clemency is glory to be sought after. Respondeat raptor, qui ignorare non potuit quod pupillum alienum abduxit. Let the ravisher answer, for he could not be ignorant that he has taken away another's ward. Respondeat superior. Let the principal answer. [Cases: Principal and Agent C=> 159(1).] Responsio unius non omnino audiatur. The answer of one witnessshould not be heard at all. Res propria estquae communis nonest. A thing is private that is not common. Res quae intra praesidia perductae nondum sunt quanquam ab hostibus occupatae, ideo postliminii non egent, quia dominant nondum mutarunt ex gentium jure. Things that have not yet been brought within the enemy’s camp, although held by the enemy, do not need the fiction of postliminy on this account, because their ownership by the law of nations has not yet changed. Res sacra non recipit aestimationem. A sacred thing does not admit of valuation. Res sua nemini servit. No one can have a servitude over his own property. [Cases: Easements C=>27.] Res transit cum suo onere. The thing passes with its burden. Reus excipiendofit actor. The defendant by a plea (or exception) becomes plaintiff. Reus laesae majestatis punitur, ut pereat unus ne pereant omnes. A traitor ispunished that one may die lest all perish. Re, verbis, scripto, consensu, traditione, junctura vestes sumere pacta solent. Compacts usually take their clothing from the thing itself, from words, from writings, from consent, from delivery, from the joining together. Reversio terrae est tanquam terra revertens in pos-sessione donatori sive haeredibus suis post donum finitum. A reversion of land is as it were the return of the land to the possession of the donor or his heirs after the termination of the gift. Rex est caput et salus reipublicae. The king is the head and safety of the commonwealth. Rex est legalis et politicus. The king is (the fount of) both law and policy. Rex est major singulis, minor universis. The king is greater than any Single person: less than all. Rex non debet esse sub homine sed sub Deo et lege. The king should not be under the authority of man, but of God and the law. Rex non debet judicare sed secundum legem. The king ought to judge only according to law. Rex non potestfallere necfalli. The king cannot deceive or be deceived. Rex non potest gratiamfacere cum injuria et damno aliorum. The king cannot confer a favor on anyone to the injury and damage of others. Rex non potest peccare. The king can do no wrong. [Cases: United States O" 125(1).] Rex nunquam moritur. The king never dies. Rex quod injustum estfacere non potest. The king cannot do what is unjust. Rex semper praesumitur attendere ardua regni pro bono publico omnium. The king is always presumed to attend to the business of the realm, for the public good of all. Riparum usus publicus est jure gentium, sicut ipsius fluminis. The use of riverbanks is by the law of nations public, like that of the stream itself. Roy n'est lie per ascun statute, si il ne soU expressement nosme. The king is not bound by any statute, if he is not expressly named. Sacramentum habet in se tres comites, veritatem justi-tiam et judicium: veritas habenda est in jurato; justitia et judicium in judice. An oath has in it three components truth, justice, and judgment: truth in the party swearing, justice and judgment in the judge (administering the oath). Sacramentum sifatuumfuerit, licetfalsum, tamen no. committit perjurium. A foolish oath, though false, does not make perjury. Sacrilegus omnium praedonum cupiditatem et scelerem superat. A sacrilegious person surpasses the greed and wickedness of all other robbers. Saepe constitutum est res inter alios judicatas aliis non praejudicare. It has often been settled that matters adjudged between others ought not to prejudice those who were not parties. Saepenumero ubi proprietas verborum attenditur, sensus veritatis amittitur. Frequently where propriety of words is given attention, the meaning of truth islost. Saepe viatorem nova, non vetus, orbitafallit. Often it is the new track, not the old one, that deceives the traveler. Salus populi (est) suprema lex. The safety of the people is the supreme law. • The phrase is sometimes put in the imperative: Saluspopuli suprema lex esto (let the safety of the people be the supreme law). [Cases: Common Law (:::::J9.] Salus reipublicae suprema lex. The safety of the state is the supreme law. Salus ubi multi consiliarii. Where there are many counselors, there is safety. Sanguinis conjunctio benevolentia devincit homines et caritate. A tie of blood overcomes human beings through benevolence and family affection. Sapiens incipit afine, et quod primum est in intentione, ultimum est in executione. A wise person begins from the end, and what is first in intention is last in execution. Sapiens omniaagit cum consilio. A wise man does everything advisedly. Sapientia legis nummario pretio non est aestimanda. No price in money is to be put on the wisdom of the law. Sapientis judicis est cogitare tantum sibi esse permis-sum, quantum commissum et creditum. It is the mark of a wise judge to suppose that he is permitted only so much as has been committed and entrusted to him. Satius est peterefontes quam sectari rivulos. It is better to seek the sources than to follow tributaries. Scientia sciolorum est mixta ignorantia. 1he knowledge of smatterers is ignorance diluted. Scientia utrimque par pares contrahentes facit. Equal knowledge on both sides makes the contracting parties equal. Scienti et volenti nonfit injuria. A wrong is not done to one who knows and assents to it. Scire debes cum quo contrahis. You ought to know with whom you make an agreement. Scire et scire debere aequiparantur in jure. To know a thing and to be bound to know it are regarded in law as equivalent. Scire leges non hoc est verba earum tenere, sed vim et potestatem. To know the laws is to observe not their (mere) words, but their force and power. Scire proprie est rem ratione et per causam cognoscere. To know properly is to know a thing in its reason and by its cause. Scribere est agere. To write is to act. Scriptae obligationes scriptis tolluntur, et nudi consen-. sus obligatio contrario consensu dissolvitur. Written obligations are undone by writing, and the obligation of mere consent (or naked agreement) is dissolved by a bare consent to the contrary. Scripta litera manet. The written word endures. Secta est pugna civilis, sicut actores armantur actioni-bus, et quasi accinguntur gladiis, ita rei (e contra) muniuntur exceptionibus, et defenduntur quasi clypeis. A suit is a civil battle: just as the plaintiffs are armed with actions and, as it were, girded with swords, so (against them) the defendants are fortified with pleas, and defended as though by shields. Secta quae scripto nititur a scripto variar; non debet. A suit that relies on a writing ought not to vary from the writing. Secundum naturam est commoda cujusque rei eum sequi quem sequentur incommoda. It is according to nature that the advantages in any matter should come to the person to whom the disadvantages will attend. Securius expediuntur negotia commissa pluribus, et plus vident oculi quam oculus. Business entrusted to several people is done more reliably, and (several) eyes see more than (one) eye does. Seisina facit stipitem. Seisin makes the stock. [Cases: Descent and Distribution PI L) Semel civis semper civis. Once a citizen, always a citizen. Semel malus semper praesumitur esse malus in eodem genere. Whoever is once bad is presumed to be so always in the same kind of affair. Semper in dubiis benigniora praeferenda sunt. In dubious cases, the more favorable constructions are always to be preferred. Semper in dubiis id agendum est, ut quam tutissimo loco res sit bona fide contracfa, nisi quum aperte contra leges scriptum est. Always in doubtful cases that is to be done by which a bona fide contract may be in the safest condition, except when it has been drawn up clearly contrary to law. Semper in obscuris quod minimum est sequimur. In obscure cases wealways follow what isleast obscure. Semper in stipulationibus et in caeteris contractibus id sequimur quod actum est. In stipulations and other contracts, we always follow what was done (or agreed to). Dig. 50.17.34. Semper itafiat relatio ut valeat dispositio. Let the reference always be so made that the disposition may avaiL Semper necessitas probandi incumbit ei qui agit. The necessity of proving always rests on the claimant. Semper praesumitur pro legitimatione puerorum, et filiatio nonpotest probari. Thepresumption is always in favor of legitimacy of children, and filiation cannot be proved. Semper praesumitur pro negante. The presumption is always in favor of the one who denies. Semper praesumitur pro sententia. The presumption is always in favor of a judgment (or sentence). Semper pro matrimonio praesumitur. There is always a presumption in favor of marriage. Semper qui non prohibet pro se intervenire mandare creditur. A person who does not prohibit the intervention of another in his behalf is always believed to authorize it. [Cases: Principal and Agent C:::) 119(2).] Semper sexus masculinus etiam faemininum continet. The masculine gender always includes the feminine as well. Dig. 32.63. Semper specialia generalibus insunt. Special clauses are always included in general ones. Senatores sunt partes corporis regis. Senators are part of the body of the king. Sensus verborum est anima legis. The meaning of words is the spirit of the law. Sensus verborum est duplex, mitis et asper, et verba semper acdpienda sunt in mitiore sensu. The meaning of words is twofold, mild and harsh; and words are always to be received in their milder sense. Sensus verborum ex causa dicendi accipiendus est, et sermones semper aecipiendi sunt secundum subjectam materiam. The sense of words is to be taken from the occasion of speaking them, and discourses are always to be interpreted according to the subject matter. Sententia a non judice lata nemini debet nocere. A judgment pronounced by one who is not a judge should harm no one. Sententia contra matrimonium nunquam transit in rem judicatam. A sentence against marriage never becomes a final judgment (Le., res judicata). Sententiafacit jus, et legis interpretatio legis vim obtinet. The judgment creates the right, and the interpretation of the law obtains the force of law. Sententiafacit jus, et res judicata pro veritate accipitur. The judgment creates the right, and what is adjudicated is taken for truth. Sententia interlocutoria revocari potest, definitiva non potest. An interlocutory judgment may be revoked, but not a final one. Sententia nonfertur de rebus non liquidis. Judgment is not given on matters that are not clear. Sequi debet potentia justitiam, non praecedere. Power should follow justice, not precede it. Sermo index animi. Speech is an index of the mind. Servanda est consuetudo loci ubi causa agitur. The custom of the place where the action is brought is to be observed. Servitia personalia sequuntur personam. Personal services follow the person (of the lord) .•Such "personal services" were those "annexed to the person of the Mesne, as homage, fealty, etc." 2 Co. Inst. 374. Si aes pro auro veneat non valet. If bronze is sold for gold (the contract) is invalid. S; a jure discedas, vagus eris et erunt omnia omnibus incerta. If you depart from the law, you will wander (without a gUide), and everything will be in a state of uncertainty to everyone. Si alicujus rei societas sit et finis negotio impositus est, finitur societas. If there is a partnership in any matter, and the business is ended, the partnership ceases. Si aliquid ex solemnibus deficiat, cum aequitas poscit subveniendum est. If anything is lacking from formal requirements, when equity requires, it will be supplied. Si assuetis mederi possis, nova non sunt tentanda. If you can be relieved by accustomed remedies, new ones should not be tried. Sic enim debere quem meliorem agrum suumfacere, ne vicini deterioremfaciat. Everyone ought so to improve his land as not to injure his neighbor's. Sic interpretandum est ut verba accipiantur cum effectu. Such an interpretation is to be made that the words may be taken with effect. Sic utere tuo ut alienum non laedas. Use your property so as not to damage another’s; so use your own as not to injure another’s property. [Cases: Negligence 1010; Nuisance O'~'3J Sicut natura nilfacit persaltum, ita nee lex. Just as nature does nothing with a leap, so neither does the law. Si duo in testamento pugnantia reperientur, ultimum est ratum. If two conflicting provisions are found in a will, the latter is decisive. Sigillum est cera impressa, quia cera sine impressione non est sigillum. A seal is a piece of wax impressed, because wax without an impression is not a seal. Si judicas, cognosce. If you judge, understand. Silentium in senatu est vitium. Silence in the senate is a fault. Silent leges inter arma. Laws are silent amid arms. Si meliores sunt quos ducit amor, plures sunt quos corrigit timor. If the better are those whom love leads, the greater number are those whom fear corrects. Similitudo legalis est casuum diversorum inter se col-latorum similis ratio; quod in uno similium valet, valebit in altero. Legal Similarity is a similar reason that governs various cases when compared with each other, for what avails in one similar case will avail in the other. Simonia est voluntas sive desiderium emendi vel vendendi spiritualia vel spiritualibus adhaerentia. Contractus ex turpi causa est et contra bonos mores. Simony is the will or desire of buying or selling spiritualities, or things pertaining to them. It is a contract founded on a bad cause, and against morality. Simplex commendatio non obligat. A simple recommendation does not bind. [Cases: Sales (>261(5).J Simplex et pura donatio diei poterit ubi nulla est adjeeta conditio nec modus. A gift is said to be pure and simple when no condition or qualification has been annexed. Simplicitas est legibus amica, et nimia subtilitas in jure reprobatur. Simplicity is a friend to the laws, and too much subtlety in law is condemned. Sine possessione usucapio procedere non potest. Without possession, prescription (Roman usucapio) cannot proceed. Singuli in solidum tenentur. Each individual is bound for the whole. Si non appareat quid actum est, erit consequens ut id sequamur quod in regione in qua actum estfrequen-tatur. If it is not clear what was done (or agreed on), the consequence will be that we follow what is commonly done in the place where the agreement was made. Dig. 50.17.34. Si nulla sit conjectura quae ducat alio, verba intelligenda sunt ex proprietate, non grammatica sed popular; ex usu. If there is no inference that leads to a different result, words are to be understood according to their proper meaning, not in a grammatical but in a popular and ordinary sense. Si plures conditiones ascriptae fuerunt donationi con-junctim, omnibus est parendum; et ad veritatem copulative requiritur quod utraque pars sit vera, si divisim, quilibet vel alteri eorum satis est obtemperare; et in disjunctivis, sufficit alteram partem esse veram. If several conditions are conjunctively written in a gift, the whole of them must be complied with; and with respect to their truth, it is necessary that every part be true, taken jOintly: if the conditions are separate, it is sufficient to comply with either one or the other of them; and being disjunctive, that one or the other be true. Si plures sint fidejussores, quotquot erunt numero, singuli in solidum tenentur. If there are more sureties than one, however many they will be in number, they are individually liable for the whole. Si quidem in nomine, cognomine, praenomine, agnomine legatarii testator erraverit, cum de persona constat, nihilominus valet legatum. If the testator has erred in the name, cognomen, praenomen, or title of the legatee, when there is certainty about the person, the legacy is nonetheless valid. Si quid universitati debetur, singulis non debetur, nec quod debet universitas singuli debent. rf anything is due to a corporation, it is not due to the individual members of it, nor do the members individually owe what the corporation owes. Si quis cum totum petiisset partem petat, exceptio rei judicatae vocet. If anyone sues for a part when he should have sued for the whole, the judgment should constitute res judicata (against another suit). [Cases: Judgment (;::::>592.] Si quis custosfraudem pupillo fecerit, a tutela removen- dus est. If a guardian commits fraud against his ward, he is to be removed from the guardianship, Si quis praegnantem uxorem reliquit, non videtur sine liberis decessisse. If anyone dies leaving his wife pregnant, he is not considered as having died childless. Si quis unum percusserit cum alium percutere veliet, in felonia tenetur. Ifa person kills one when he meant to kill another, he is held guilty of felony. Si suggestio non sit vera, literae patentes vacuae sunt. If the suggestion is not true, the letters patent are void. Sive tota res evincatur, sive pars, habet regressum emptor in venditorem. If the property is taken from the purchaser by eviction, whether whole or in part, he has an action against the vendor. Dig. 21.2.1. Socii mei socius meus socius non est. The partner of my partner is not my partner. Socii plures sunt quasi unum corpus, in eo quod unum jus habent, et oportet quod corpus sit integrum et quod in nulla parte sit defectus. Several partners are as one body, since they have one right, and it isneces-sary that the body be perfect, and that there be defect in no part. Sola ac per se senectus donationem, testamentum aut transactionem non vitiat. Old age does not alone and of itself vitiate gift, will or transaction. Solemnitates juris sunt observandae. The solemnities of law must be observed. Solo cedit quodsolo implantatur. What is planted in the soil belongs to the soil. • This maxim is sometimes written Solo cedit, qUicquid soloplantatur (translatable as "what is affixed to the soil belongs to the soil"). Solo cedit quod solo inaedificatur. Whatever is built on the soil belongs to the soil. Solus Deus haeredem facit. God alone makes the heir. Solutio pretii emptionis loco habetur. The payment of the price stands in the place of a sale. Solvendo esse nemo intelligitur nisi qui solidum potest solvere. No one is understood to be in a state of solvency except the one who can payall that he owes. Dig. 50.16.114. Solvitur adhuc societas etiam morte socii. A partnership is also dissolved by the death of a partner. Solvitur eo ligamine quo ligatur. It is released by the bond with which it is bound. Solvitur in modo salventis. A payment is made for the purpose the payer intends. Sommonitiones aut citationes nullae liceantfieri infra palatium regis. No summonses or citations should be permitted to be served within the king's palace. Specilia generalibus derogant. Special words derogate from general ones. Spes impunitatis continuum affectum tribuit delinqu- ettdi. The hope of impunity supplies a constant inclination to wrongdoing. Spoliatus debet ante omnia restitui. A party forcibly deprived of possession ought first of all to have restitution. Spoliatus episcopus ante omnia debet restitui. A bishop despoiled of his see ought, above all, to be restored. Spondet peritiam artis. He promises (to use) the skill of his art. _ That is, he engages to do the work in a skillful manner. Sponsalia dicunturfuturarum nuptiarum conventio et repromissio. A betrothal is the agreement and promise of a future marriage. Sponte virum fugiens mulier et adultera facta, doti sua careat, nisi spons; sponte retracta. A woman leaving her husband of her own accord and committing adulteryshouldlose her dower, unless she is taken back by her husband of his own accord. Stabit praesumptio donec probetur in contrarium. A presumption will stand until proof is given to the contrary. Stare decisis et non quieta movere. Literally, to stand by previous decisions and not to disturb settled matters. -To adhere to precedents, and not to depart from established principles. [Cases: Courts C=>89, 90.] Stat pro ratione voluntas. The will stands in place of a reason. [Cases: Wills C=>82.] Stat pro ratione voluntas populi. The will of the people stands in place of a reason. Statuta pro publico commodo late interpretantur. Statutes made for the public advantage ought to be broadly construed. Statuta suo clauduntur territorio, nec ultra territorium disponunt. Statutes are confined to their own territory and have no extraterritorial effect. Statutum affirmativum non derogat communi legi. An affirmative statute does not take away from the common law. Statutum generaliter est intelligendum quando verba statuti sunt specialia, ratio autem generalis. A statute is to be understood generally when the words of the statute are special but its reason is general. Statutum speciale statuto speciali non derogat. One special statute does not take away from another special statute. Sublata causa tollitur effectus. Remove the cause and the effect ceases. Sublata veneratione magistratuum, respublica ruit. When respect for magistrates has been destroyed, the commonwealth perishes. Sublatofundamento, cadit opus. When the foundation has been removed (or demolished), the structure collapses. [Cases: Principal and Surety C=>112.) Sublato principali, tollitur adjunctum. When the principal has been taken away, the adjunct is also taken away. Subsequens matrimonium tollit peccatum praeeedens. A subsequent marriage removes the previous sin. Succurritur minori; facilis est lapsus juventutis. Aid is given to a minor; easy is the slip-up of youth (Le., youth is liable to err). Summa caritas est facere justitiam singulis et omni tempore quando necesse fuerit. The greatest charity is to do justice to each individual and at every time when it is necessary. Summa est lex quae pro religione facit. The highest law is the one that acts on behalf of religion. Summa ratio est quae pro religione facit. 'Ihe highest reason is that which acts in favor of religion. • Also found in indirect form, Summam esse rationem quae pro religionefacit. Summum jus, summa injuria. The highest right is the utmost injury. - That is, law too rigidly interpreted produces the greatest injustice. Super falso et certofingitur, super ineerto et vero jure sumitur. A fiction assumes that the thing feigned is certainly untrue. Superficies solo cedit. The surface goes with the land. -That is, whatever is attached to the land forms part of it. Super fidem chartarum, mortuis testibus, erit ad patriam de necessitate recurrendum. The truth of charters is necessarily to be referred to a jury when the witnesses are dead. Superflua non nocent. Superfluities do no injury. Suppressio veri, expressiofalsi. Suppression of the truth (is equivalent to) the expression of what is false. [Cases: Deeds C=>70(4); Fraud C=>16.) Suppressio veri, suggestio falsi. Suppression of the truth (is equivalent to) the suggestion of what is false. Surplusagium non nocet. Extraneous matter does no harm. -Superflallegations,notpropertothecase, should have no effect. Tacita quaedam habentur pro expressis. Certain things though unexpressed are considered as expressed. Talis interpretatio semper fienda est ut evitetUi absurdum, et inconveniens, et ne judicium sit illu-sorium. Interpretation is always to be made in such a manner that what is absurd and improper is avoided, and so that the judgment is not a mockery. Talis non est eadem, nam nullum simile est idem. "Such" is not "the same," for nothing similar is the same thing. Tantum bona valent, quantum vendi possunt. Things are worth as much as they can be sold for. Tantum concessum quantum scriptum. So much is granted as is written. Tantum habent de lege, quantum habent de justitia. (Precedents) have value in the law to the extent tha: they represent justice. Tantumoperatur fictio in casu fieto quantum veritas in casu vero. A legal fiction operates to the same extent and effect in the supposed case as the truth does in a real case. Tantum praeseriptum quantum possessum. There is only prescription insofar as there has been possession. Tempus enim modus tollendi obligationes et actiones, quiatempuscurrit contra desides et sui juris contemp-tores. For time is a means of destroying obligations and actions, because time runs against those who are inactive and showlittle respect for their own rights. Tempus exsuaptenatura vim nullam effectricem habet. Time, of its own nature, has no effectual force. Tempus mortis inspiciendum. (One must) look to the time of death. Tenor est pactio contra communem feudi naturam ac rationem in contractu interposita. The tenure (of an agreement) is a compact contrary to the common nature and reason of the fee, put into a contract. Tenor est qui legem dat feudo. It is the tenor that gives law to the fee. • That is, the tenor of the feudal grant regulates its effect and extent. Terminus annorum certus debet esse et determinatus. A term of years ought to be certain and definite (with a fixed end). Terminus et (ac) feodum non possunt constare simul in una eademque persona. Term and fee cannot both be vested in one and the same person at the same time. Terra manens vacua occupanti conceditur. Land lying unoccupied is given to the occupant. Terra transit cum onere. Land passes with the incumbrances. Testamenta, cum duo inter se pugnantia reperiuntur, ultimumratum est; sic est, cum duo inter se pugnantia reperiuntur in eodem testamento. When two conflicting wills are found, the last prevails; so it is when two conflicting clauses occur in the same will. Testamenta latissimam interpretationem habere debent. Wills ought to have the broadest interpretation. Iestamentum est voluntatis nostrae justa sententia, de eo quod quis post mortem suamfieri velit. A testament is the just expression of our will concerning that which anyone wishes done after his death. • Or, as Black-stone renders it, a testament is "the legal declaration of a man's intentions which he wills to be performed after his death." 2 Bl. Com. 499. Testamentum omne morte consummatum. Every will is completed by death. Testatoris ultima voluntas est perimplenda secundum . veram intentionem suam. The last will of a testator is to be fulfilled according to his true intention. Testibus deponentibus in pari numero, dignioribus est credendum. When the number of witnesses giving testimony is equal on both sides, the more trustworthy are to be believed. Testibus, non testimoniis, credendum est. The witnesses must be believed, not (simply) their testimony. Testimonia ponderanda sunt, non numeranda. Testimonies are to be weighed, not counted. Testis de visu praeponderat aliis. An eyewitness outweighs others. Testis lupanaris sufficit ad factum in lupanari. Someone from a brothel is a sufficient witness to a happening in a brothel. Testis nemo in sua causa esse potest. No one can be a witness in his own cause. Testis oculatus unus plus valet quam auriti decem. One eyewitness is worth more than ten earwitnesses. Testmoignes ne poent testifier Ie negative, mes l'affirmative. Witnesses cannot testify to a negative; they must testify to an affirmative. Thesaurus inventus est vetus dispositio pecuniae, &c., cujusnon extat modo memoria, adeo ut jam dominum non habeat. Treasure trove is an ancient hiding of money, etc., of which no recollection exists, so that it now has no owner. Thesaurus non competit regi, nisi quando nemo scit qui abscondit thesaurum. Treasure does not belong to the king, unless no one knows who hid it. Timores vani sunt aestimandi qui non cadunt in con-stantem virum. Those fears must be considered vain (or frivolous) that do not affect a man of steady character. Titius haeres esto. Let Titius be my heir. • Titius was the Roman counterpart of John Doe. Titulus est justa causa possidendi id quod nostrum est. Title is the just cause of possessing that which is ours. Tolle voluntatem et erit omnis actus indifferens. Take away the will, and every action will be indifferent. Totum praefertur unicuique parti. The whole is preferred to any Single part. Tout ce que la loi ne defend pas est permis. Everything that the law does not forbid is permitted. Toute exception non surveillee tend Ii prendre la place du principe. Every exception not watched tends to assume the place of the principle. Tractent fabrilia fabri. Let smiths perform the work of smiths. Traditio loqui facit chartam. Delivery makes the deed (document) speak. Traditionibus et usucapionibus, non nudis pactis, transferuntur rerum dominia. Rights of property are transferred by delivery andby prescription (founded on lengthy possession), not by naked agreements. Traditio nihil amplius transferre debet vel potest ad eum qui accipit quam est apud eum qui tradit. Delivery neither can nor should transfer anything more to the recipient than is in possession of the one who delivers. Trado tibi ecclesiam. I deliver this church (or living) to you. Transgressione multiplicata, crescat poenae injlictio. When transgression is repeated, let the infliction of punishment be increased. 2 Co. Inst. 479. Transit in rem judicatam. It passes into a judgment. [Cases: Judgment C=>S82.] Transit terra cum onere. The land passes with its burdens. Tres faciunt collegium. Three form a corporation. Triatio ibi semper debetfieri ubi juratores meliorem possunt habere notitiam. Trial ought always to be held where the jurors can have the better information. AppendixB 1876 Triennalis pacificus possessor beneficii est inde securus. The undisturbed possessor of a benefice for three years is thereafter secure (from challenge). Turpis est pars quae non convenit cum suo toto. The part is bad that does not accord with its whole. Tuta est custodia quae sibimet creditur. The guardianship is secure that is entrusted to itself alone. Tutius erratur ex parte mitiori. It is safer to err on the gentler side (or on the side of leniency). Tutius est reiincumbere quampersonae. It is safer to rely on a thing than on a person. - Real security is safer than personal security. Tutius semper est errare in acquietando quam in puniendo, ex parte misericordiae quam ex parte justi-tiae. It is always safer to err in acquitting than in punishing, (and) on the side of mercy than of justice. Tutor incertus dari non potest. An uncertain person cannot be given or appointed as tutor. Tutor in rem suam auctor fieri non potest. A tutor cannot act for his own interest. Tutor praesumitur intus habere, ante redditas rationes. A tutor is presumed to have funds in his own hands until his accounts have been rendered. Tutor rem pupilli emere non potest. A tutor cannot purchase the property of his ward. Ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non potest. When anything is granted, that also is granted without which the thing itself cannot exist. Ubi aliquid impeditur propter unum, eo remoto, tollitur impedimentum. When anything is impeded by reason of one thing, when that is removed, the impediment is removed. Ubi cessat remedium ordinarium, ibi decurritur ad extraordinarium. When a common remedy ceases to be of service, recourse is had to an extraordinary one. Ubi culpa est, ibi poena subesse debet. Where the fault is, there the punishment should be imposed. Ubicunque est injuria, ibi damnum sequitur. Wherever there is a legal wrong, there damage follows. Ubi damna dantur victus victor; in expensis condem-nari debet. Where damages are awarded, the party that did not succeed ought to be adjudged to pay expenses for the party that prevailed. Ubi eadem ratio, ibi idem jus. Where there is the same reason, there is the same law. Also rendered Ubi eadem est ratio, ibi idem estjus. Ubi eadem ratio, ibi idem jus; et de similibus idem est judicium. Where there is the same reason, there is the same law; and the same judgment should be rendered on comparable facts. Ubi estforum, ibi ergo est jus. Where the forum (or place of jurisdiction) is, there accordingly is the law. Ubi et dantis et accipientis turpitudo versatur, non posse repeti dicimus; quotiens autem accipientis turpitudo versatur, repeti posse. Where there is misconduct on the part of both giver and receiver, we say the thing cannot be recovered; but as often as the misconduct is on the side of the receiver (alone), it can be recovered. Ubifactum nullum, ibifortia nulla. Where there is no fact, there are no strong points. Ubi jus, ibi remedium. Where there is a right, there is a remedy. [Cases: Equity^^55.] Ubi jus incertum, ibi jus nullum. Where the right is uncertain, there is no right. Ubi lex aliquem cogit ostendere causam, necesse est quod causa sit justa et legitima. Where the law compels someone to show cause, it is necessary that the cause be just and legal. Ubi lex deest, praetor supplet. Where the law is deficient, the praetor supplies the deficiency. Ubi lex est specialis et ratio ejus generalis, generaliter accipienda est. Where the law is special and the reason of it is general, it ought to be taken as general. Ubi lex non distinguit, nee nos distinguere debemus. Where the law does not distinguish, we ought not to distinguish. Ubi major pars est, ibi fotum. Where the greater part is, there is the whole. Ubi matrimonium, ibi dos. Where there is marriage there is dower. Ubi non adest norma legis, omnia quasi pro suspectis habenda sunt. Where there is no rule of law, everything must be held, as it were, suspect. Ubi non est condendi auctoritas, ibi non est parendi necessitas. Where there is no authority to establish (a rule), there is no necessity to obey. Ubi non est directa lex, standum est arbitrio judicis, vel procedendum ad similia. Where there is not direct law, one must rely on the judgment of the judge or refer to similar cases. Ubi non est lex, ibi non est transgressio quoad mundum. Where there is not law, there is not transgression, as far as this world is concerned. Ubi non est manifesta injustitia, judices habentur pro bonis viris, et judicatum pro veritate. Where there is no manifest injustice, the judges are to be regarded as honest men, and their judgment as truth. Ubi non est principalis, non potest esse accessorius. Where there is no principal, there can be no accessory. Ubi nulla est conjectura quae ducat alio, verba intel-Ugenda sunt ex proprietate non grammatica sed populari ex usu. Where there is no inference that would lead in another direction, the words are to be understood according to their proper meaning, not strictly according to grammar but according to popular usage. Ubi nullum matrimonium, ibi nulla dos. Where there is no marriage, there is no dower. Ubi onus ibi emolumentum. Where the burden is, there is the profit or advantage. Ubi periculum, ibi et lucrum collocatur. Where the risk is, there also the profit accrues. Ubi pugnantia inter se in testamento juberentur, neutrum ratum est. When two directions conflicting with each other were given in a will, neither is held valid. Ubi quid genera liter conceditur, inest haec exceptio, si non aliquid sit contra jus fasque. Where a thing is granted in general terms, this exception is implied: if there is not anything contrary to law and right. Ubi quis delinquit ibi punietur. Where anyone commits an offense, there will he be punished. Ubi remedium, ibi ius. Where there is a remedy, there is a right. Ubi verba conjuncta non sunt, suJficit alterutrum esse factum. Where words are not conjoined, it is enough that one or another (of thethings enumerated) has been done. Ultima voluntas testatoris est perimplenda secundum veram intentionem suam. The last will of a testator is to be fulfilled according to his true intention. t'Jltimum supplicium esse mortem solam interpreta-mur. We consider death alone to be the extreme punishment. 'Ultra posse non potest esse et vice versa. What is beyond possibility cannot exist, and the reverse (what cannot exist is not possible), Una persona vix potest supplere vices duarum. One person can scarcely supply the place of two. Unaquaeque gleba servit. Every lump of earth (on the land) is subject to the servitude. Uniuscujusque contractus initium spectandum est et causa. The beginning and cause of each and every contract must be considered. Unius omnino testis responsio non audiatur. Let the evidence of onewitness not be heard at all. Universalia sunt notiora singularibus. Things universal are better known than things particular. Universitas vel corporatio non dicitur aliquidfacere nisi id sit collegialiter deliberatum, etiamsi major pars id faciat. A university or corporation is not said to take any action unless the action was resolved by it as a body, even if a greater part of the body should act. Un ne doit prise advantage de son tort demesne. One should not take advantage from his own wrong. Uno absurdo dato, infinita sequuntur. When one absurdity has been allowed, an infinity follows. Unumquodque dissolvitur eodem ligamine quo Ugatur. Everything is dissolved by the same binding by which it is bound together. Unumquodque eodem modo dissolvitur quo colligatur. Any obligation is discharged in the same manner as it is constituted. Unumquodque eodem modo quo colligatum est dis-solvitur. In the same manner in which anything was bound, it is loosened. Unumquodque est id quod est principalius in ipso. That which is the principal part of a thing is the thing itself. Unumquodque Iigamen dissolvitur eodem ligamine qui et ligatur. Every obligation is dissolved in the same manner in which it is contracted. Unumquodque principiorum est sibimet ipsi fides; et perspicua vera non sunt probanda. Each and every one of the general principles is its own pledge of trust, and plain truths need not be proved. Unusquisque debet esse gnarus conditionis ejus cum quo contrahit. Everyone ought to be cognizant of the condition of the person with whom he makes contract. Usucapio constituta est ut aliquis litium finis esset. Prescription (Roman usucapio) was instituted that there might be some end to lawsuits. Dig. 41.10.5. Usus est dominium fiduciarium. Use is a fiduciary ownership. Usus fit ex iteratis actibus. Usage arises from repeated acts. Utile per inutile non vitiatur. What is useful is not vitiated by the useless. [Cases: Trial ^^336.] Utlagatus est quasi extra legem positus: caput gerit lupinum. An outlaw is, as it were, put out of the protection of the law: he carries the head of a wolf. Ut poena ad paucos, metus ad omnes perveniat. So that punishment afflict few, (and) fear affect all. _ Black-stone cites Cicero (pro Cluentio 46) emphasizing deterrence. 4 BL Com. 11. Ut res magis valeat quam pereat. (Interpret the law, contract, etc.) so that the transaction is upheld rather than lost (or so that a matter may avail rather than perish). - The phrase can be literally translatedas "that the matter may have effect rather than faiL" [Cases: Contracts '^^153; Patents C--157(2); Wills C--'449.[ Uxor et filius sunt nomina naturae. '-\Tife and son are names of nature. Uxor non est sui juris sed sub potestate viri. A wife is not in her own right (i.e., she cannot act independently), but under the power of her husband. Uxor sequitur domicilium viri. A wife follows the domicile of her husband. Vagabundum nuncupamus eum qui nullibi domicilium contraxit habitationis. We call the person a vagabond who has acquired nowhere a domicile of residence. Valeat quantum valere potest. Let it have effect as far as it can have effect. Vana est illa potentia quae nunquam venit in actum. Vain is that power that never comes into action. Vani timores sunt aestimandi, qui non cadunt in constantem virem. Those fears are to be considered groundless that do not affect a man of steady character. Vani timoris justa excusatio non est. There is no legal excuse based on a groundless fear. Velie non creditur qui obsequitur imperio patris vel domini. A person is not presumed to act of his own will who obeys theorders of his father or his master. Vendens eandem rem duobus falsarius est. A vendor is fraudulent if he sells the same thing to two (separate) buyers. Veniae facilitas incentivum est delinquendi. Ease of winning pardon is an incentive to committing crime. Verba accipienda sunt secundum subjectam materiam. Words are to be interpreted according to the subject matter. Verba accipienda ut sortiantur effectum. Words are to be taken so that they may have some effect. Verba aequivoca ac in dubio sensu posita intelligun-tur digniori et potentiori sensu. Equivocal words and those in a doubtful sense are understood in the more suitable and more effective sense. Verba aliquid operari debent - debent intelligi ut aliquid operentur. Words ought to have some effect - words ought to be understood so as to have some effect. Verba aliquid operari debent; verba cum effectu sunt accipienda. Words ought to have some effect; words must be taken so as to have effect. Verba artis ex arte. Terms of art (should be explained) from the art. Verba chartarum fortius accipiuntur contra proferentem. The words of deeds are taken most strongly against the person offering them. Verba cum effectu accipienda sunt. Words must be taken so as to have effect. Verba currentis monetae tempus solutionis desig-nant. The words "current money" refer to the time of payment. Verba debent intelligi cum effectu. Words ought to be understood with effect. Verba debent intelligi ut aliquid operentur. Words ought to be so understood that they may have some effect. Verba dicta de persona intelligi debent de conditione personae. Words spoken of the person are to be understood of the condition of the person. Verba fortius accipiuntur contra proferentem. Words are interpreted more strongly against the party who puts them forward; words are most readily accepted against the one putting them forward. Verba generalia generaliter sunt intelligenda. General words are to be understood generally. Verba generalia restringuntur ad habilitatem rei vel aptitudinem personae. General words are limited to the capability of the subject matter or the aptitude of the person. Verba generalia restringuntur ad habilitatem rei vel personae. General words are limited to the capability of the matter or of the person. [Cases: Release 031J ' Verba illata (relata) inesse videntur. Words referred to are considered as if incorporated. Verba in differenti materia per prius, non per posterius, intelligenda sunt. Words referring to a different subject are to be understood by what goes before, not by what follows. Verba intelligenda suntin casu possibili. Words are to be understood in reference to a possible case. Verba intentioni, et non e contra, debent inservire. Words should be subject to the intention, not the reverse. Verba ita sunt intelligenda, ut res magis valeat quam pereat. Words are to be so understood that the matter may have effect rather than fail. Verba mere aequivoca, si per communem usum loquenc.f in intellectu certo sumuntur, talis intellectus praef-erendus est. When words are purely equivocal, if by common usage of speech they are taken in a certain meaning, such meaning is to be preferred. Verba nihil operari melius est quam absurde. It is better that words should have no effect than an absurd effect. Verba non tam intuenda quam causa et natura rei, ut mens contrahentium ex eis potius quam ex verbi!. appareat. The words (of a contract) are not to be looked to so much as the cause and nature of the matter, so that the intention of the contracting partiesmayappear from these rather than from the (mere) words. Verba offendi possunt, immo ab eis recedere licet, ut verba ad sanum intellectum reducantur. The words can be faulted indeed, it is permitted to depart from them, in order that the words may be restored to a sensible meaning. Verba ordinationis, quando verijicari possunt in sua vera signijicatione, trahi ad extraneum intellectum non debent. When the words of an ordinance can be made true in their true signification, they ought not to be warped to a foreign meaning. Verba posteriora propter certitudinem addita, ad priora quae certitudine indigent, sunt referunda. Later words added for the purpose of certainty are to be referred to preceding words in which cer tainty is wanting. Verba pro re et subjecta materia accipi debent. Words should be taken most in favor of the thing and the subject matter. 1879 legal Maxims Verba quae aliquid operari possunt non debent esse superflua. Words that can have some effect ought not to be (treated as) superfluous. Verba quantumvis generalia ad aptitudinem restringun-tur, etiamsi nullam aUam paterentur restrictionem. Words, howsoever general, are confined to fitness (Le., to harmonize with the subject matter), even if they would bear no other restriction. Verba relata hoc maxime operantur per referentiam ut in eis inesse videntur. Words to which reference is made have, by the reference, this particular effect, that they are considered to be incorporated in those (clauses). • Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the clause referring to them. Verba relata inesse videntur. Words to which reference is made are considered incorporated. Verba secundum materiam subjectam intelligi nemo est qui nescit. There is no one whodoesnot know that words should be understood according to the subject matter. Verba semper accipienda sunt in mitiori sensu. Words are always to be taken in their milder sense. Verba strictae signijicationis ad latam extend; possunt, si subsit ratio. Words of a strict signification can be given a wide signification if there is reason for it. Verba sunt indices animi. Words are indications of the intention. Verbis standum ubi nullaambiguitas. One must abide by the words where there is no ambigUity. [Cases: Statutes ^190.) Verborum obligatio verbis tollitur. An obligation verbally incurred is verbally extinguished. Verbum imperfect; temporis rem adhuc imperfectam . signijicat. The verb in the imperfect tense indicates a matter as yet incomplete. Veredictum quasi dictum veritatis; ut judicium quasi juris dictum. A verdict is, as it were, the saying of the truth, in the same manner that a judgment is the saying of the law (or right). Veritas, a quocunque dicitur, a Deo est. Truth, by whomsoever pronounced, is from God. Veritas demonstrationis tollit errorem nominis. The truth of the description removes the error of the name. Veritas est justitiae mater. Truth is the mother of justice. Veritas habenda est in juratore; justitia et judicium in judice. Truth is the desideratum in a juror; justice and judgment in a judge. Veritas nihil veretur nisi abscondi. Truth fears nothing but to be hidden. Veritas nimium altercando amittitur. By too much quarreling the truth is lost. Veritas nominis tollit errorem demonstrationis. The truth of the name takes away the error of the description. Veritatem qui non libere pronunciat, proditor est verita-tis. One who does not speak the truth freely is a traitor to the truth. Via antiqua via est tuta. The old way is the safe way. Via trita est tutissima. The beaten road is the safest. Via trita, via tuta. The beaten way is the safe way. Vicarius non habet vicarium. A deputy does not have a deputy. Vicini viciniora praesumuntur scire. Neighbors are presumed toknow things of the immediate vicinity. Videtur qui surdus et mutus ne poet faire alienation. A deaf and mute person is considered not to be able to alienate. Vigilantibus et non dormientibus jura subveniunt. The laws aid the vigilant, not those who sleep. [Cases: Equity <>::::>64.] Vim vi repellere licet, modo fiat moderamine inculpatae tutelae, non ad sumendam vindictam, sed ad propul-sandam injuriam. It is lawful to repel force by force; but let it be done with the self-control of blameless defense -not to take revenge, but torepel injury. Violenta praesumptio aliquando est plena probatio. A very powerful presumption is sometimes full proof. Viperina est expositio quae corrodit viscera textus. That is a viperous exposition that gnaws away the innards of the text. Vir et uxor censentur in lege una persona. Husband and wife are considered one person in law. Vis legibus est inimica. Force is inimical to the laws. Vitium clerici nocere non debet. A clerical error ought not to prejudice. Vitium est quod fugi debet, ne, 51 rationem non invenias, mox legem sine ratione esse clames. It is a fault that ought to be avoided, that if you do not discover the reason, you quickly exclaim that the law is without reason. Vix ulla lex fieri potest quae omnibus commoda sit, sed si majori parti prospiciat, utitis est. Scarcely any law can be made that is advantageous to all; but if it benefits the majority, it is useful. Vocabula artium explicanda sunt secundum defini-tiones prudentium. Terms of art are to be explained according to the definitions of those who are experienced in that art. Volenti non fit injuria. There is no injury to one who consents. [Cases: Negligence <?SSO.] Voluit sed non dixit. The person willed but did not say. Voluntas donatoris in charta doni sui manifeste expressa observetur. The will of the donor, if clearly expressed in the deed of his gift, should be observed. Voluntas et propositum distinguunt maleficia. The will and the purpose distinguish crimes. Voluntasfacit quod in testamento scriptum valeat. The will (of the testator) gives validity to what is written in the will (testament). Voluntas in delictis non exitus spectatur. In offenses, the will and not the outcome is regarded. Voluntas reputatur profacto. The will is to be taken for the deed. Voluntas testatoris ambulatoria est usque ad mortem. The will of a testator is changeable right up until death. • Thatis, the testator may change the will at any time. 'This maxim is sometimes written Voluntas testatoris est ambulatoria usque ad extremum vitae exitum (same sense). Voluntas testatoris habet interpretationem latam et benignam. The will of the testator should receive a broad and liberal interpretation. Voluntas ultima testatoris est perimplenda secundum veram intentionem suam. The last will of a testator is to be fulfilled according to his true intention. Vox emissa volat; litera scripta manet. The uttered voice flies; the written letter remains. [Cases: Libel and Slander (;:::J15.] Vulgaris opinio est duplex: orta inter graves et discre-tos, quae multum veritatis habet, et opinio orta inter leves et vulgares homines, absque specie veritatis. Common opinion is double: that proceeding from grave and discreet men, which has much truth in it, and that proceeding from foolish vulgar men, without any semblance of truth in it. Maxims Bibliography BI. Com. = Blackstone, William. Commentaries on the Laws ofEngland. 4 vols. Reprinted Chicago and London: University of Chicago Press, 1979. From the 1st ed. Oxford: Clarendon Press 1765-1769. Bracton = Bracton, Henry de. De Legibus et Consuetu- dinibusAngliae. G.E. Woodbine ed.; S.E. Thorne trans!' 4 vols. Cambridge, Mass.: Harvard University Press, 1968. Coke = The Reports ofSir Edward Coke. J.H. Thomas & J.P. Fraser eds. 13 parts in 6 vols. London: Butterworth, 1826. Co. Inst. = Coke, Sir Edward. The Institutes ofthe Laws of England. Parts 2-4, in 4 vols. Reprinted Buffalo, N.Y.: Willam S. Hein, 1986. From the edition of London: Brooke, 1797. Co. Litt. = Coke, Sir Edward. The First Part ofthe Institutes ofthe Laws ofEngland, or A Commentarie upon Littleton. 2 vols. Reprinted New York and London: Garland, 1979. From the 1st ed. London: Societe of Stationers, 1628. Dig. = The Digest ofJustinian. T. Mommsen et al. 4 vols. Philadelphia: University of Pennsylvania Press, 1985. Just. Inst. = Justinian's Institutes. P. Kueger ed.; P. Birks & G. McLeod transl. Ithaca, N.Y.: Cornell University/ Press, 1987. Ihe Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of Honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Section 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to the House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives maybe necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Section 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Section 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Article II Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, fudges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Article III Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office. Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;— to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under the Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. Article IV Section 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Section 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. Article V The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. Article VI All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Article VII The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the Several States pursuant to the Fifth Article of the original Constitution. Amendment I [1791] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment II [1791] A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Amendment III [1791] No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV [1791] The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V [1791] No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI [1791] In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Amendment VII [1791] In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Amendment VIII [1791] Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX [1791] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X [1791] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Amendment XI [1798] The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Amendment XII [1804] The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.—The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Amendment XIII [1865] Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. Amendment XIV [1868] Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Amendment XV [1870] Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XVI [1913] The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. Amendment XVII [1913] [1] The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. [2] When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. [3] This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. Amendment XVIII [1919] Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. Amendment XIX [1920] [1] The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. [2] Congress shall have power to enforce this article by appropriate legislation. Amendment XX [1933] Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unJess they shall by law appoint a different day. Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If the President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission. Amendment XXI [1933] Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. Amendment XXII [1951] Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term. Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress. Amendment XXIII [1961] Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XXIV [1964] Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XXV [1967] Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. Amendment XXVI [1971] Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XXVII [1992] No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. AppendixD Universal Declaration of Human Rights On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights, the full text of which appears in the following pages. Following this historic act, the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories." Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promotesocial progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, 1lel refore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article1. Artide2. Article3. Article4. ArticleS. Article6. Article7. Article8. Article9. Article10. Article11. Article12. Article13. Article14. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Everyone has the right to life, liberty and security of person. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Everyone has the right to recognition everywhere as a person before the law. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. No one shall be subjected to arbitrary arrest, detention or exile. Everyone is entitled in full equality to a fair and publichearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved gUilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held gUilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. (1) Everyone has the right to freedom of movement and residence within the borders of each State. (2) Everyone has the right to leave any country, including his own, and to return to his country. (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. (2) This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the United Nations. (1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be enteredinto only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association. (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right to equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. (l) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests. Article 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, oldage or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social pro-tecHon. (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (3) Parents have a prior right to choose the kind of education that shall be given to their children. (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. (1) Everyone has duties to the community in which alone the free and full development of his personality is possible. (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. AppendixE Members of the United States Supreme Court ChiefJustices Name State Appointed By Tenure Jay,John New York Washington Oct.19,1789-June 29,1795 Rutledge,John South Carolina Washington Aug. 12,1795-Dec. 15,1795 Ellsworth,Oliver Connecticut Washington Mar.8,1796-Dec.IS, 1800 Marshall,John Virginia Adams,John Feb. 4,1801-July 6,1835 Taney,Roger Brooke Maryland Jackson Mar. 28,1836-0ct. 12,1864 Chase,Salmon Portland Ohio Lincoln Dec. 15,1864-May 7,1873 Waite,Morrison Remick Ohio Grant Mar.4,1874-Mar.23,1888 Fuller,Melville Weston Illinois Cleveland Oct.8,1888-July 4,1910 White,Edward Douglass Louisiana Taft Dec.19,191O-May 19,1921 Taft,William Howard Connecticut Harding July 11,1921 Feb. 3,1930 Hughes,Charles Evans New York Hoover Feb. 24,1930-June 30,1941 Stone,Harlan Fiske New York Roosevelt,F. July 3,1941-Apr. 22,1946 Vinson,Fred Moore Kentucky Truman June 24,1946-Sept.8,1953 'vVarren,Earl California Eisenhower Oct.5,1953-June 23,1969 Burger,Warren Earl Virginia Nixon June 23,1969-Sept.26,1986 Rehnquist, William H. Virginia Reagan Sept.26,1986-Sept.3,2005 Roberts,John G.,Jr. Maryland Bush, GW. Sept. 29,2005- Associate Justices Name State Appointed By Tenure Rutledge,John South Carolina Washington Feb. 15,1790-Mar.5,1791 Cushing,William Massachusetts Washington Feb.2,1790-Sept. 13,1810 Wilson,James Pennsylvania Washington Oct.5,1789-Aug.21,1798 Blair,John Virginia Washington Feb.2,1790-0ct.25,1795 Iredell, James North Carolina Washington May 12,1790-0ct.20,1799 Johnson,Thomas Maryland Washington Aug. 6, 1792-Jan.16,1793 Paterson,William New Jersey Washington Mar. 11,1793-Sept. 9,IS06 Chase,Samuel Maryland Washington Feb. 4,1796-June 19, IS11 Washington,Bushrod Virginia Adams,John Feb.4,1799-Nov. 26,IS29 Moore,Alfred North Carolina Adams,John Apr.21,lS00-Jan. 26,1804 Johnson,William South Carolina Jefferson May 7,1804-Aug.4,1834 LiVingston, Henry Brockholst New York Jefferson Jan.20,1807-Mar.18, 1823 Todd,Thomas Kentucky Jefferson May 4,1807-Feb.7,1826 Duvall,Gabriel Maryland Madison Nov.23, l8ll-Jan. 14,1835 Story,Joseph Massachusetts Madison Feb. 3,l8l2-Sept. 10,1845 Thompson,Smith New York Monroe Sept. 1,1823-Dec. 18,1843 Trimble,Robert Kentucky Adams,J.Q. June 16,1826-Aug.25,1828 McLean,John Ohio Jackson Jan.11,l830-Apr. 4,1861 Baldwin,Henry Pennsylvania Jackson Jan. 18,1830-Apr.21,IS44 Name State Appointed By Tenure Wayne,James Moore Barbour,Philip Pendleton Catron,John McKinley,John Daniel,Peter Vivian Nelson,Samuel Woodbury, Levi Grier,Robert Cooper Curtis,Benjamin Robbins Campbell,John Archibald Clifford,Nathan Swayne,Noah Haynes Miller,Samuel Freeman Davis,David Field,Stephen rohnson Strong,William Bradley,Joseph P. Hunt,Ward Harlan,John Marshall Woods,William Burnham Matthews, Stanley Gray,Horace Blatchford,Samuel Lamar, Lucius Quintus C. Brewer,David Josiah Brown, Henry Billings Shiras,George,Jr. Jackson,Howell Edmunds White,Edward Douglass Peckham, Rufus Wheeler McKenna,Joseph Holmes,Oliver Wendell Day, William Rufus Moody,William Henry Lurton,Horace Harmon Hughes,Charles Evans Van Devanter, Willis Lamar,Joseph Rucker Pitney,Mahlon McReynolds,James Clark Brandeis,Louis Dembitz Clarke,John Hessin Sutherland,George Butler,Pierce Sanford,Edward Terry Stone, Harlan Fiske Roberts,Owen Josephus Cardozo,Benjamin Nathan Black,Hugo Lafayette Georgia Virginia Tennessee Alabama Virginia New York New Hampshire Pennsylvania Massachusetts Alabama Maine Ohio Iowa Illinois California Pennsylvania New Jersey New York Kentucky Georgia Ohio Massachusetts New York Mississippi Kansas Michigan Pennsylvania Tennessee Louisiana New York California Massachusetts Ohio Massachusetts Tennessee New York Wyoming Georgia New Jersey Tennessee Massachusetts Ohio Utah Minnesota Tennessee New York Pennsylvania New York Alabama Jackson Jackson Jackson Van Buren Van Buren Tyler Polk Polk Fillmore Pierce Buchanan Lincoln Lincoln Lincoln Lincoln Grant Grant Grant Hayes Hayes Garfield Arthur Arthur Cleveland Harrison Harrison Harrison Harrison Cleveland Cleveland McKinley Roosevelt,T. Roosevelt,T. Roosevelt,T. Taft Taft Taft Taft Taft Wilson Wilson Wilson Harding Harding Harding Coolidge Hoover Hoover Roosevelt,F. Jan.14,1835-July 5,1867 May 12,1836-Feb. 25,1841 May I, 1837-May 30,1865 Jan. 9,1838-July 19,1852 Jan.10,1842-May 31,1860 Feb.27,1845-Nov.28,1872 Sept.23,1845-Sept.4,1851 Aug. 10,1846-Jan.31,1870 Oct. 10,1851-Sept. 30, 1857 Apr. 11,1853-Apr.30, 1861 Jan. 21,1858-July 25,1881 Jan. 27,1862-Jan. 24,1881 July 21,1862-0ct. 13,1890 Dec.10,1862-MaL4,1877 May 20,1863-Dec. 1,1897 MaL14,1870-Dec. 14,1880 MaL23,1870-Jan.22,1892 Jan. 9,1873-Jan.27,1882 Dec. 10 1877-0ct.14,1911 Jan. 5,18S1-May 14,1887 May 17,1881-Mar. 22,1889 Jan. 9,1882-Sept. 15,1902 Apr. 3,1882-July 7,1893 Jan. 18,1888-Jan.23,1893 Jan.6,1890-Mar. 28, 1910 Jan. 5,1891-May 28,1906 Oct. 10,1892-Feb.23,1903 Mar.4,1893-Aug. 8,1895 Mar.12,1894-Dec. 18,1910* Jan. 6,1896-0ct. 24,1909 Jan. 26,1898-Jan.5,1925 Dec. 8,1902-Jan. 12,1932 MaL2,1903-Nov. 13,1922 Dec. 17,1906-Nov. 20,1910 Jan. 3,191O-July 12,1914 Oct. 10,191O-June 10,1916 Jan. 3,1911-June 2,1937 Jan. 3,1911-Jan. 2,1916 Mar. 18,1912-Dec.31,1922 Oct. 12,1914-Jan. 31,1941 June 5,1916-Feb. 13,1939 Oct. 9,1916-Sept. 18,1922 Oct. 2,1922-Jan.17,1938 Jan.2, 1923-Nov. 16,1939 Feb. 19,1923-MaL8, 1930 Mar. 2,1925-July 2,1941* June 2,1930-July 31,1945 Mar. 14, 1932-July 9,1938 Aug.19,1937-Sept. 17,1971 Name State Appointed By Tenure Reed,Stanley Forman Kentucky Roosevelt,F. Jan. 31,1938-Feb.25,1957 Frankfurter,Felix Massachusetts Roosevelt,F. Jan. 30,1939-Aug. 28,1962 Douglas,William Orville Connecticut Roosevelt,F. Apr. 17,1939-Nov. 12,1975 Murphy,Frank Michigan Roosevelt,F. Feb. 5,1940-July 19,1949 Byrnes,James Francis South Carolina Roosevelt,F. July 8,1941-0ct. 3,1942 Jackson,Robert Haughwout New York Roosevelt,F. July 11,1941-0ct.9,1954 Rutledge,Wiley Blount Iowa Roosevelt,F. Feb. 15,1943-Sept. 10,1949 Burton,Harold Hitz Ohio Truman Oct. 1,1945-0ct. 13,1958 Clark,Tom Campbell Texas Truman Aug. 24,1949-June 12,1967 Minton,Sherman Indiana Truman Oct. 12,1949-0ct. 15,1956 Harlan,John Marshall New York Eisenhower Mar. 28,1955-Sept. 23,1971 Brennan,William J.,Jr. New Jersey Eisenhower Oct. 16,1956-July 20,1990 Whittaker,Charles Evans Missouri Eisenhower Mar. 25,1957-Mar. 31,1962 Stewart,Potter Ohio Eisenhower Oct. 14,1958-July 3,1981 White, Byron Raymond Colorado Kennedy Apr.16,1962-June 28,1993 Goldberg,Arthur Joseph Illinois Kennedy Oct. 1,1962-July 25, 1965 Fortas,Abe Tennessee Johnson,L. Oct.4,1965-May 14,1969 Marshall,Thurgood New York Johnson,L. Oct. 2,1967-0ct. 1, 1991 Blackmun,Harry A. Minnesota Nixon June 9, 1970-Aug. 3,1994 Powell,Lewis F.,Jr. Virginia Nixon Jan. 7, 1972-June 26,1987 Rehnquist,William H. Arizona Nixon Jan. 7,1972-Sept. 26,1986* : Stevens,John Paul Illinois Ford Dec. 19,1975- O'Connor,Sandra Day Arizona Reagan Sept. 25,1981-Jan.31,2006 Scalia,Antonin Virginia Reagan Sept. 26,1986- Kennedy,Anthony M. California Reagan Feb. 18,1988- Souter,David H. New Hampshire Bush, G.H.W. Oct. 9, 1990- Thomas,Clarence Georgia Bush,G.H.W. Oct. 23,1991- Ginsburg,Ruth Bader New York Clinton Aug. 10,1993- Breyer,Stephen G. Massachusetts Clinton Aug. 3,1994- Alito,Samuel A.,Jr. New Jersey Bush,G.W. Jan. 31,2006- Elevated to Chief Justice AppendixG British Regnal Years Sovereign Date of Accession Years in Reign William I . Oct. 14,1066 21 William II . Sept.26, 1087 13 HenryI . Aug. 5, 1100 36 Stephen . Dec.26,1135 19 HenryII . Dec.19, 1154 35 Richard l . Sept.23,1189 10 John . May27, 1199 18 HenryIII . Oct. 28, 1216 57 Edward I . Nov. 20, 1272 35 Edward II . July8,l307 20 Edward III . Jan.25, l326 51 Richard II " June 22, l377 23 HenryIV . Sept.30,1399 14 HenryV . Mar.21,1413 10 HenryVI . Sept. 1, 1422 39 Edward IV . Mar.4,1461 23 Edward V . Apr.9,1483 Richard III . June 26,1483 3 HenryVII . Aug. 22,1485 24 HenryVIII . Apr. 22,1509 38 Edward VI . Jan.28, 1547 7 Mary . July6, 1553 6 Elizabeth I . Nov.17,1558 45 James I . Mar. 24,1603 23 Charles I . Mar.27,1625 24 The Commonwealth . . Jan.30, 1649 11 Charles II . May29, 1660 37 James II . Feb.6,1685 4 William and Mary .. . Feb. l3,1689 14 Anne . Mar. 8, 1702 l3 George I . Aug.1,1714 13 George II . June 11,1727 34 George III . Oct.25, 1760 60 George IV . Jan.29, 1820 11 William IV . June 26,1830 7 Victoria . June 20,1837 64 Edward VII . Jan. 22,1901 9 George V . May6,1910 25 Edward VIII . Jan.20,1936 1 George VI . Dec. 11,1936 15 Elizabeth II . Feb. 6,1952 — AppendixH Bibliography Abraham, Kenneth S.The Forms and Functions of Tort Law (2002). Ackerman, Bruce A. Reconstructing American Law (1984). Alix, Jay; and Elmer E. Heupel, Financial Handbook for Bankruptcy Professionals (1991). Allen, Carleton K. Law in the Making (7th ed. 1964). Aman, Alfred C. Jr.; and William T. Mayton. Administrative Law (2d ed. 2001). American Law of Mining. 6 vols. (2d ed. 1984-). American Jurisprudence 2d. 83 vols. (1962-). American Law and Procedure. 14 vols. (1962). American Law of Property. 7 vols. (1952). Anderson, Ronald A. Uniform Commercial Code. 8 vols. (3d ed. 1981-). Anderson, William C. A Dictionary of Law (1889). Anson, William R. Principles of the Law of Contract (Arthur L. Corbin ed., 3d Am. ed. 1919). Appleman, John Alan; and Jean Appleman. Insurance Law and Practice. 61 vols. (1941-). Aronson, Robert H.; and Donald 1'. Weckstein. Professional Responsibility in a Nutshell (2d ed.1991). Ashworth, Andrew. Principles of Criminal Law (1991). Atiyah, P.S. An Introduction to the Law of Contract (3d ed. 1981). Atkinson, Thomas E. Handbook of the Law of Wills (2d ed. 1953). Austin, John. The Providence of Jurisprudence Determined. 3 vols. (Sarah Austin ed., 2d ed. 1861). Baird, Douglas G. Elements of Bankruptcy (2001). Baker, J.H. An Introduction to English Legal History (3d ed. 1990). Baker, J.H. A Manual of Law French (1979). Barclay, Hugh. A Digest of the Law of Scotland (3d ed. 1865). Barron, Jerome A.; and C. Thomas Dienes. Constitutional Law in a Nutshell (3d ed. 1995). Beale, Joseph H. A Treatise on the Conflict of Laws. 3 vols. (1935). Beardsley, Arthur Sydney. Legal Bibliography and the Use of Law Books (I 937). Bederman, David J. International Law Frameworks (2001). Bell, William. Bell's Dictionary and Digest of the Law of Scotland (George Watson ed., 7th ed. 1890). Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. 2 vols. (1823). Bently, Lionel; and Brad Sherman. Intellectual Property Law (2001). Berger, Adolf. Encyclopedic Dictionary of Roman Law (1953). Bergin, Thomas and Paul G. Haskell. Preface to Estates in Land and Future Interests (2d ed. 1984). Bernhardt, Roger. Real Property in a Nutshell (3d ed. 1993). Bispham, George T. The Principles of Equity (Joseph D. McCoy ed., llth ed. 1931). Black, Henry Campbell. Handbook on the Construction and Interpretation of the Laws (1896). Black, Henry Campbell. A Treatise on the Law of Judgments. 2 vols. (2d ed. 1902). Blackstone, William. Commentaries on the Laws of England. 4 vols. (1766-1769). Block, Dennis J.; et al. The Business Judgment Rule. 2 vols. (5th ed. 1998). Blount, Thomas. Nomo Lexicon: A Law-Dictionary (1670). Boberg, P.Q.R. The Law of Delict (1984). Bouvier, John. Bouvier's Law Dictionary. 3 vols. (Francis Rawle ed., 8th ed. 1914). Boyer, Ralph E.; et al. The Law of Property (4th ed. 1991). Brandt, George W. The Law of Suretyship and Guaranty. 2 vols. (3d ed. 1905). Brierly, J.1. The Law of Nations (5th ed. 1955). Bromberg, Alan R.; and Larry E. Ribstein. Bromberg and Ribstein on Partnerships. 4 vols. (1988-1). Brown, Ray Andrews. The Law of Personal Property (2d ed. 1955). Brown, Harold. Franchising Realities and Remedies. 2 vols. (1993). Bryant, Edwin E. The Law of Pleading Under the Codes of Civil Procedure (2d ed. 1899). Bryce, James. Studies in History and Jurisprudence. 2 vols. (1901). Buckland, W.W. A Manual ofRoman Private Law (2d ed. 1953). Buckland, W.W. Elementary Principles of the Roman Private Law (1912). Buckland, W.W. Some Reflections on Jurisprudence (1945). Buckland, W.w. A Text-Book of Roman Law (Peter Stein ed., 3d ed. 1963). Buergenthal, Thomas. International Human Rights in a Nutshell (2d ed. 1995). Buergenthal, Thomas; and Harold G. Maier. Public International Law in a Nutshell (2d ed. 1990). Burke, Barlow. Personal Property in a Nutshell (2d ed. 1993). Burn, Richard. A New Law Dictionary. 2 vols. (1792). Burnham, Scott J. Contract Drafting Guidebook (2d ed. 1992). Burrill, Alexander M. A Law Dictionary and Glossary. 2 vols. (2d ed. 1867). Burrill, Alexander M. A Treatise on the Law and Practice of Voluntary Assignments for the Benefit of Creditors (James Avery Webb ed., 6th ed. 1894). Burrill, Alexander M. A Treatise on the Nature, Principles and Rules of Circumstantial Evidence (1868). Butt, Peter. Land Law (3d ed. 1996). Calamari, John D.; and Joseph M. Perillo. The Law of Contracts (4th ed. 1998). Callmann, Rudolf. The Law of Unfair Competition, Trademarks and Monopolies. 6 vols. (4th ed. 1981-). Canby, William, Jr. American Indian Law in a Nutshell (2d ed. 1988). Century Dictionary and Cyclopedia, Ihe. 10 vols. (1895). Chambers, Sir Robert. A Course of Lectures on the English Law: 1767-1773 (Thomas M. Curley ed. 1986). Chance, EW. Principles of Mercantile Law. Vol. 1. (PW. French ed., 13th ed. 1950). Chance, E.W. Principles of Mercantile Law. Vol. 2. (PW. French ed., 10th ed. 1951). Childs, Frank Hall. Where and How to Find the Law (1922). Chirelstein, Marvin A. Concepts and Case Analysis in the Law of Contracts (1990). Chisum, Donald S. Patents. 13 vols. (1978-). Chitty, Joseph. A Practical Treatise on the Criminal Law. 4 vols. (2d ed. 1826). Christie, Donna R. Coastal and Ocean Management Law in a Nutshell (1994). Clark, Barkley; and Christopher Smith. The Law of Product Warranties (1984). Clark, David G.; and Earl R. Hutchinson. Mass Media and the Law (1970). Clark, Homer H., Jr. The Law of Domestic Relations in the United States (2d ed. 1988). Clark, William Lawrence. A Treatise on the Law of Crimes (Marian Quinn Barnes ed., 7th ed. 1967). Cohen, Morris R. Reason and Law (1961). Cohen, Morris R. Law and the Social Order (1933). Conte, Alba. Attorney Fee Awards. 2 vols. (1993). Cooley, Thomas M. A Treatise on the Constitutional Limitations (1868). Cooley, Thomas M. The Law of Taxation. 4 vols. (Clark A. Nichols ed., 4th ed. 1924). Corpus Juris Secundum. 101 vols. (1936-). Couch, George J. Couch on Insurance. 26 vols. (2d ed. 1959-1994). Cowell, John. The Interpreter (1607). Cowen, Zelman. Essays on the Law of Evidence (1956). Cribbet, John E. Principles of the Law of Property (2d ed. 1975). Crompton, George. Practice Common-Placed: Rules and Cases of Practice in the Courts of King's Bench and Common Pleas. 2 vols. (3d ed. 1787). Cross, Rupert. Statutory Interpretation (1976). Cross, Rupert; and J.W. Harris. Precedent in English Law (4th ed. 1991). Cunningham, Roger A.; et al. The Law of Property (2d ed. 1993). Currie, David P. Federal Jurisdiction in a Nutshell (3d ed. 1990). Curzon, L.B. English Legal History (2d ed. 1979). Dangel, Edward M. Contempt (1939). Daniel, John W. A Treatise on the Law of Negotiable Instruments. 3 vols. (Thomas H. Calvert ed., 7th ed. 1933). Davis, George B. A Treatise on the Military Law of the United States (3d ed. 1915). de Funiak, William Q. Handbook of Modern Equity (2d ed. 1956). Decker, Kurt H.; and H. Thomas Felix II. Drafting and Revising Employment Contracts (1991). Demeter, George. Demeter's Manual of Parliamentary Law and Procedure (1969). Deschler, Lewis. Deschler's Rules of Order (1976). Devlin, Patrick. The Judge (1979). Devlin, Patrick. The Enforcement of Morals (1968). Devlin. Patrick. The Criminal Prosecution in England (1960). Dias, R.w.M.; and B.S. Markesinis. Tort Law (2d ed. 1989). Dickerson, Reed. The Interpretation and Application of Statutes (1975). Digest of Justinian. 4 vols. ([A.D. 533] Theodor Mommsen et al. eds., 1985). Dobbs, Dan B. Law ofRemedies. 3 vols. (2d ed. 1993). Dobbyn, John F. Insurance Law in a Nutshell (3d ed. 1995). Dolan, John F. The Law ofLetters of Credit (1984). Drake, Charles D. A Treatise on the Law of Suits by Attachment in the United States (7th ed. 1891). Dratler, Jay, Jr. Cyberlaw (2001). Drinker, Henry S. Legal Ethics (1953). Drone, Eaton S. A Treatise on the Law of Property in Intellectual Productions (1879). Dworkin, Gerald. Odgers' Construction of Deeds and Statutes (5th ed. 1967). Dworkin, Ronald. Law's Empire (1986). Eckstrom's Licensing in Foreign and Domestic Operations. 4 vols. (David M. Epstein ed., 4th ed. 1994-). Eddy, Jonathan A.; and Peter Winship. Commercial Transactions (1985). Eggleston, Richard. Evidence, Proof and Probability (1978). Elias, Stephen. Patent, Copyright and Trademark (1996). Elliott, Byron K.; and William F. Elliott. A Treatise on the Law of Railroads. 6 vols. (3d ed. 1921). Ely, John Hart. Democracy and Distrust (1980). Encyclopaedia Britannica. 24 vols. (9th ed. 1907). Encyclopedia of Public International Law. 5 vols. (1992). Epstein, David G.; and Steve H. Nickles. Consumer Law in a Nutshell (2d ed. 1981). Epstein, David G.; et al. Bankruptcy (1993). Essays on the Civil Law of Obligations (Joseph Dainow ed., 1969). Estee, Morris M. Estee's Pleadings, Practice, and Forms. 3 vols. (Carter P. Pomeroy ed., 3d ed. 1885). Everest, Lancelot Feilding. Everest and Strode's Law of Estoppel (3d ed. 1923). Faber, Robert C. Landis on Mechanics ofPatent Claim Drafting (3d ed. 1990). Farnsworth, E. Allan. Changing Your Mind: The Law of Regretted Decision (1998). Farnsworth, E. Allan. Contracts (2d ed. 1990). The Federalist (Clinton Rossiter ed., 1961). Fifoot, c.H.S. History and Sources of the Common Law: Tort and Contract (1949). Finch, Sir Henry. Law, or a Discourse Thereof(1759). Fisch, Edith L. The Cy Pres Doctrine in the United States (1950). Fletcher, C. Edward. Materials on the Law of Insider Trading (1991). Fletcher, William Meade. Fletcher Cyclopedia on the Law of Private Corporations. 20 vols. (1931-). Folsom, Ralph H.; and Michael W. Gordon. 2 vols. International Business Transactions (1995). Frederick, David C. Supreme Court and Appellate Advocacy (2003). Freund, Ernst. The Police Power (1904). Friedenthal, Jack H.; et al. Civil Procedure (2d ed. 1993). Friedman, Lawrence M.A History of American Law (2d ed. 1985). Frost, Thomas Gold. A Treatise on Guaranty Insurance (2d ed. 1909). Fuller, Lon 1. Anatomy of the Law (1968). Fuller, Lon 1. The Morality of Law (rev. ed. 1969). Fullinwider, Robert K. The Reverse Discrimination Controversy (1980). Furrow, Barry R.; et aL Health Law (2d ed. 2000). Gahan, Frank. The Law of Damages (1936). Garner, Bryan A. A Dictionary of Modern American Usage (1998). Garner, Bryan A. A Dictionary of Modern Legal Usage (2d ed. 1995). Garner, Bryan A. The Winning Brief (1999). Geldart, William. Introduction to English Law (D.C.M. Yardley ed., 9th ed. 1984). Gellhorn, Ernest; and William E. Kovacic. Antitrust Law and Economics in a Nutshell (4th ed. 1994). Gellhorn, Ernest; and Ronald M. Levin. Administrative Law and Process in a Nutshell (4th ed. 1997). Getches, David H. Water Law in a Nutshell (3d ed. 1997). Gevurtz, Franklin A. Corporation Law (2000). Gilmore, Grant. The Death of Contract (1974). Gilmore, Grant; and Charles 1. Black, Jr. The Law of Admiralty (2d ed. 1975). Goff, Robert H.; and Gareth H. Jones. The Law of Restitution (3d ed. 1986). Golding, Martin P. Philosophy of Law (1975). Goldstein, Paul. Copyright's Highway (1994). Goldstein, Paul. International Copyright: Principles, Law, and Practice (2001). Golub, I.M.; et al. COBRA Handbook (1994). Goodrich, Herbert F.; and Eugene F. Scoles. Handbook of the Conflict of Laws (4th ed. 1964). Gorman, Robert A. Basic Text on Labor Law: Unionization and Collective Bargaining (1976). Graham, Michael H. Federal Rules of Evidence in a Nutshell (3d ed. 1992). Graveson, R.H. Conflict of Laws (7th ed. 1974). Gray, John Chipman. The Nature and Sources of the Law (2d ed. 1921). Gray, John Chipman. The Rule Against Perpetuities (1886). Gregory, William A. The Law of Agency and Partnership (3d ed. 2001). Grenig, Jay E.; and Jeffrey S. Kinsler. Handbook of Federal Civil Discovery and Disclosure (2d ed. 2002). Grimes, Allen. The City Attorney: A Practice Manual (1978). Grubb, Philip W. Patents for Chemicals, Pharmaceuticals and Biotechnology (3d ed. 1999). Hadley, James. Introduction to Roman Law (1881). Hagman, Donald G.; and Julian Conrad Juergensmeyer. Urban Planning and Land Development Control Law (2d ed. 1986). Hall, James Parker. American Law and Procedure. 14 vols. (1920-). Hamilton, Robert W. Fundamentals of Modern Business (1989). Hamilton, Robert W. The Law of Corporations in a Nutshell (3d ed. 1991). Harding, Alan. A Social History of English Law (1966). Harrison, Jeffrey 1. Law and Economics in a Nutshell 56 (1995). Hart, H.L.A.; and Tony Honore. Causation in the Law (2d ed. 1985). Hart, H.L.A. Punishment and Responsibility 136,147-48 (1968). Hartley, T.e. The Foundations ofEuropean Community Law (1981). Hawkland, William D. Uniform Commercial Code Series. 15 vols. (1982-). Hazard, Geoffrey e., Jr.; and Michele Taruffo. American Civil Procedure: An Introduction (1993). Hazen, Thomas Lee. Treatise on the Law of Securities Regulation. 3 vols. (3d ed. 1995). Hemingway, Richard W. The Law ofOil and Gas (3d ed. 1991). Henn, Henry G.; and John R. Alexander. Laws of Corporations (3d ed. 1983). Henson, Ray D. Handbook on Secured Transactions Under the Uniform Commercial Code (2d ed. 1979). Henson, Ray D. Secured Transactions (3d ed. 1983). Heuston, R.F.V. Salmond on the Law of Torts (17th ed. 1977). Hill, Mark. Ecclesiastical Law (2d ed. 2001). Hinch, Frederick M. John's American Notary and Commission ofDeeds Manual (3d ed. 1922). Hoar, Roger Sherman. Patent Tactics and the Law (3d ed. 1950). Holdsworth, William S. A History ofEnglish Law. 17 vols. (1936-1972). Holdsworth, William S. Sources and Literature of English Law (1925). Holland,Thomas E. The Elements ofJurisprudence (13th ed. 1924). Holt, J.C. Magna Carta (1965). Honore, Tony. About Law (1995). Honore, Tony. Making Law Bind: Essays Legal and Philosophical (1987). Honore, Tony. The South African Law of Trusts (3d ed. 1985). Horniman, Ivan. Wharton's Law Lexicon (13th ed. 1925). Horwill, Herbert W. The Usages ofthe American Constitution (1925). Horwitz, Morton J. The Transformation ofAmerican Law, 1780-1860 (1977). Hovenkamp, Herbert. Economics and Federal Antitrust Law (1985). Hovenkamp, Herbert. Federal Antitrust Policy (2d ed. 1999). Hughes, William, Jr. Federal Practice, Jurisdiction & Procedure. 19 vols. (1931). Hunnisett, R.F. The Medieval Coroner (1961). Hunter, William A. Introduction to Roman Law (F.H. Lawson ed.,9th ed. 1934). Hy nes, J. Dennis. Agency, Partnership, and the LLC in a Nutshell (1997). lIbert,Courtenay P. Legislative Methods and Forms (1901). Indermaur,John. Principles ofthe Common Law (Edmund H. Bennett ed.,1st Am. ed. 1878). Intellectual Property in the New Technological Age (Robert P. Merges et al. eds., 1997). 1913 Bibliography Isenbergh, Joseph. International Taxation (2000). Israel, Jerold H.; and Wayne R. LaFave. Criminal Procedure in a Nutshell (5th ed. 1993). Jacob, Giles. A New Law-Dictionary (8th ed. 1762). Jacobs, Arnold S. Opinion Letters in Securities Matters. 2 vols. (1998-). Jacobstein, J. Myron; and Roy M. Mersky. Fundamentals ofLegal Research (5th ed. 1990). James, Fleming; Geoffrey C. Hazard Jr.; and John Leubsdorf. Civil Procedure (5th ed. 2001). Jefferson, Thomas. A Manual ofParliamentary Practice (1801). Jenks, Edward. The Book of English Law (P.B. Fairest ed., 6th ed. 1967). Jessup, Philip C. A Modern Law ofNations (1949). Jessup, Philip C. The Use ofInternational Law (1959). Johnson, James D., Jr. Guide to Louisiana Real Actions, Ten Year and Thirty Year Prescriptions (1961). Johnson, Samuel. A Dictionary ofthe English Language. 2 vols. (1755). Johnstone, Quintin; and Dan Hopson, Jr. Lawyers and Their Work (1967). Jolowicz, H.F. Historical Introduction to the Study ofRoman Law (1952). Jones, Eugene A. Manual ofEquity Pleading and Practice (1916). Jones, Leonard A. A Treatise on the Law ofCollateral Securities and Pledges (Edward M. White rev., 3d ed. 1912). Jones, Leonard A. A Treatise on the Law ofMortgages (5th ed. 1908). Jowitt, William A. The Dictionary ofEnglish Law (1959). Joyce, Howard C. A Treatise on the Law Relating toInjunctions. 3 vols. (1909). Juergensmeyer, Julian Conrad; and Thomas E. Roberts. Land Use Planning and Development Regulation Law (2003). Keesey, Ray E. Modern Parliamentary Procedure (1994). Keeton, G.W. An Introduction to Equity (5th ed. 1961). Keeton, Robert E. Judging (1990). Keeton, Robert E.; and Alan L Widiss.Insurance Law: A Guide to Fundamental Principles, Legal Doctrines, and Commercial Practices (1988). Keeton, W. Page; et al. Prosser and Keeton on the Law of Torts (5th ed. 1984). Kent, James. Commentaries on American Law. 4 vols. (George Comstock ed., lith ed. 1866). Kinnane, Charles Herman. A First Book onAnglo-American Law (2d ed. 1952). Kintner, Earl W; and Jack L. Lahr. An Intellectual Property Law Primer (2d ed. 1982). Kionka, Edward J. Torts in a Nutshell (2d ed. 1992). Kiralfy, A.K.R. Potter's Outlines ofEnglish Legal History (5th ed. 1958). Klein, William A.; and John C. Coffee Jr.. Business Organization and Finance (2002). Knibb, David G. Federal Court ofAppeals Manual (4th cd. 2000). Koch, Charles H. Administrative Law and Practice. 3 vols. (2d ed. 1997). Kraemer, Sandy F. Solar Law (1978). Kratovil, Robert. Real Estate Law (6th cd. 1974). LaFave, Wayne R.; and Jerold H. Israel. Criminal Procedure (2d ed. 1992). LaFave, Wayne R.; and Austin W. Scott, Jr. Criminal Law (2d ed. 1986). LaFave, Wayne R.; and Austin W. Scott, Jr. Substantive Criminal Law. 2 vols. (1986-). Laitos, Jan G. Natural Resources Law (2002). Larson, Lex K. Unjust Dismissal. 2 vols. (1985-). Lawrence, T.J. A Handbook of Public International Law (10th ed. 1925). Laycock, Douglas. The Death of the Irreparable Injury Rule (1991). Laycock, Douglas. Modern American Remedies (1985). Leaffer, Marshall A. Understanding Copyright Law (3d ed. 1999). Leage, R.W. Roman Private Law (C.H. Ziegler ed., 2d ed. 1930). Lee, R.W. The Elements of Roman Law (4th ed. 1956). Leflar, Robert A. American Conflicts Law (3d ed. 1977). Legal Essays in Tribute to Orrin Kip McMurray (Max Radin & Alexander M. Kidd eds., 1935). Leslie, Douglas L. Labor Law in a Nutshell (3d ed. 1992). Lewis, Harold S., Jr.; and Elizabeth J. Norman. Employment Discrimination Law and Practice (2001). Lieberman, Jethro K. The Evolving Constitution (1992). Lile, William M. ; et al. Brief Making and the Use of Law Books (3d ed. 1914). Llewellyn, Karl N. The Common Law Tradition: Deciding Appeals (1960). Loewy, Arnold H. Criminal Law in a Nutshell (2d ed. 1987). Lord, Richard A. A Treatise on the Law of Contracts. 8 vols. (4th ed. 1990-). Lovett, William A. Banking and Financial Institutions Law in a Nutshell (4th ed. 1997). Lowe, John S. Oil and Gas Law in a Nutshell (3d ed. 1995). Lynn, Robert J. The Modern Rule Against Perpetuities (1966). Madden, Joseph W. Handbook of the Law of Persons and Domestic Relations (1931). Madden, M. Stuart. Products Liability. 2 vols. (2d ed. 1988). Maine, Henry S. Ancient Law (17th ed. 1901). Maitland, Frederic W. Domesday Book and Beyond (1921). Maitland, Frederic W. Equity (A.H. Chaytor & w.J. Whittaker eds., 1909). Manchester, A.H. Modern Legal History of England and Wales, 1750-1950 (1980). Maraist, Frank L. Admiralty in a Nutshell (3d ed. 1996). McCarthy, J. Thomas. McCarthy on Trademarks and Unfair Competition. 5 vols. (3d ed. 1992-). McCarthy, J. Thomas. The Rights of Publicity and Privacy. 2 vols. (2d ed. 2000). McCormack, David R. Racketeering Influenced Corrupt Organizations. 2 vols. (1988-). McCormick, Charles T. Handbook on the Law of Damages (1935). McCrady, Archie R. Patent Office Practice (2d ed. 1946). McCrary, George W. A Treatise on the American Law of Elections (Henry L. McCune ed., 4th ed. 1897). McDonnell, Denis Lane; and John George Monroe. Kerr on the Law of Fraud and Mistake (7th ed. 1952). McDonnell, Julian B.; and Elizabeth J. Coleman. Commercial and Consumer Warranties. 2 vols. (1991). McNeil, Bruce J. Nonqualified Deferred Compensation Plans (1994). McNulty, John K. Federal Estate and Gift Taxation in a Nutshell (5th ed. 1994). McNulty, John K. Federal Income Taxation of Individuals in a Nutshell (5th ed. 1995). Meador, Daniel John; and Jordana Simone Bernstein. Appellate Courts in the United States v (1994). Mechem, Floyd R. Outlines of the Law of Agency (Philip Mechem ed., 4th ed. 1952). Megarry, Robert E. A Second Miscellany-at-Law (1973). Megarry, Robert E.; and P.v. Baker. Snell's Principles of Equity (27th ed. 1973). Megarry, Robert E.; and HW.R. Wade. The Law of Real Property (5th ed. 1984). Mellows, Anthony R. The Law of Succession (3d ed. 1977). Menell, Robert L.; and Thomas M. Boykoff. Community Property in a Nutshell (2d ed. 1988). Merwin, Elias. Principles of Equity and Equity Pleading (H.C. Merwin ed., 1896). Meyer, Charles H. Accounting and Finance for Lawyers in a Nutshell (1995). Michie on Banks and Banking. 14 vols. (1931-). Miller, Arthur R.; and Michael H. Davis. Intellectual Property in a Nutshell (2d ed. 1990). Miller, Frank W.; et al. Cases and Materials on Criminal Justice Administration (3d ed. 1986). Miller, Fred H.; and Alvin C. Harrell. The Law of Modern Payment Systems (2003). Miller, Justin. Handbook of Criminal Law (1934). Milsom, S.F.c. Historical Foundations of the Common Law (1969). Minda, Gary. Postmodern Legal Movements (1995). Moliterno, James E.; and John M. Levy. Ethics of the Lawyer's Work (1993). Morton, William K.; and Dale A. Whitman. Manual of the Law of Scotland (1896). Moynihan, Cornelius J. Introduction to the Law of Real Property (2d ed. 1988). National Conference of State Legislatures. Mason's Manual of LegislativeProcedure (2000). Nelson, Grant S. Real Estate Finance Law (3d ed. 1994). New York Institute of Finance. How the Bond Market Works (1988). Nicholas, Barry. An Introduction to Roman Law (1962). Nimmer, Melville B.; and David Nimmer. Nimmer on Copyright. 10 vols. (1978-1995). Nims, Harry D. The Law of Unfair Competition and Trade-Marks (1929). Noonan, John T., Jr. Bribes (1984). Nowak, John E.; and Ronald D. Rotunda. Constitutional Law (4th ed. 1991). Noy, William. A Treatise of the Principal Grounds and Maxims of the Laws of This Nation (C. Sims ed. 1870) (4th ed. 1677). Oakley, John Bilyeu; and Robert S. Thompson. Law Clerks and the Judicial Process (1980). Odean, Kathleen. High Steppers, Fallen Angels, and Lollipops: Wall Street Slang (1988). Oppenheim, F.L. International Law (Hersch Lauter ed., 8th ed. 1955). Oxford Companion to the Supreme Court of the United States (Kermit L. Hall ed., 1992). Oxford English Dictionary. 20 vols. (2d ed. 1989). O'Connell, John F. Remedies in a Nutshell (2d ed. 1985). O'Gallagher, Judith. Municipal Ordinances (2d ed. 1998). AppendixH 1916 Owen, Richard B. Patents, Trademarks, Copyrights, Departmental Practice (1925). Page, William Herbert; and Paul Jones. A Treatise on the Law of Taxation by Local and Special Assessments. 2 vo1s. (1909). Page, William Herbert. A Treatise on the Law of Wills (1941). Palgrave, R.H. Inglis. Palgrave's Dictionary of Political Economy. 3 vols. (Henry Higgs ed., 2d ed.I925). Palmer, George E. Ihe Law of Restitution. 4 vols. (1978). Paton, George Whitecross. A Textbook of Jurisprudence (G.W. Paton & David P. Derham eds., 4th ed. 1972). Patry, William F. Copyright Law and Practice. 3 vols. (1994). Perkins, Rollin M.; and Ronald N. Boyce. Criminal Law (3d ed. 1982). Pierce, Richard J., Jr.; Sidney A. Shapiro; and Paul R. Verkuil. Administrative Law Process (3d ed. 1999). Pigeon, Louis-Philippe. Drafting and Interpreting Legislation (1988). Player, Mack A. Employment Discrimination Law (1988). Player, Mack A. Federal Law of Employment Discrimination in a Nutshell (3d ed. 1992). Plucknett, Theodore F.T. A Concise History of the Common Law (5th ed. 1956). Pocket Lawyer and Family Conveyancer (3d ed. 1833). Podgor, Ellen S.; and Jerold H. Israel. White Collar Crime in a Nutshell (2d ed. 1997). Pollock, Frederick. A First Book of Jurisprudence (1896). Pollock, Frederick; and Frederic W. Maitland. History ofEnglish Law Before the Time of Edward l. 2 vols. (2d ed. 1898-1899). Pollock, Frederick; and Robert Samuel Wright. An Essay on Possession in the Common Law (1888). Polyviou, Polyvios G. The Equal Protection of the Laws (1980). Poole, Reginald L. The Exchequer in the Twelfth Century (1912). Pooley, James. Trade Secrets (1998). Posner, Richard A. Economic Analysis of Law (2d ed. 1977). Posner, Richard A. Law and Literature: A Misunderstood Relation (1988). Posner, Richard A. The Federal Courts: Crisis and Reform 1985). Posner, Richard A. The Problems of Jurisprudence (1990). Pound, Roscoe. An Introduction to the Philosophy of Law (rev. ed. 1954). Pound, Roscoe. The Development of Constitutional Guarantees of Liberty (1957). Pound, Roscoe. The Formative Era of American Law (1938). Powell, Richard R. Powell on Real Property. 17 vols. (Patrick J. Rohan ed., 1949-). Proffatt, John. A Treatise on the Law Relating to the Office and Duties of Notaries Public (John F. Tyler & John J. Stephens eds., 2d ed. 1892). Purver, Jonathan M.; and Lawrence E. Taylor. Handling Criminal Appeals (1980). Quindry, Silvester E. Bonds & Bondholders Rights & Remedies. 2 vols. (1934). Rabin, Edward H. Fundamentals of Modern Real Property Law (1974). Radcliffe, Geoffrey; and Geoffrey Cross. The English Legal System (G.]. Hand & D.J. Bentley eds., 6th ed. 1977). Radin, Max. Handbook of Anglo-American Legal History (1936). Radin, Max. Handbook of Roman Law (1927). Radin, Max. The Law and You (1948). Randolph, Joseph F. A Treatise on the Law of Commercial Paper. 3 vols. (2d ed. 1899). Rapalje, Stewart; and Robert L. Lawrence. A Dictionary of American and English Law. 2 vols. (1883). Rastell, John. Les Termes de la Ley (26th ed. 1721); Termes de la Ley (1st. Am. ed. 1812). Ratner, David L. Securities Regulation in a Nutshell (4th ed. 1992). Reilly, John W. The Language of Real Estate (2d ed. 1982). Restatement (Second) of Contracts. 10 vols. (1981). Restatement of the Law Governing Lawyers (1998). Restatement of the Law of Restitution (1937). Restatement (Second) of Torts. 4 vols. (1965-1979). Restatement (Third) of Torts (1999). Restatement (Second) of Trusts. 5 vols. (1959). Reuschlein, Harold Gill; and William A. Gregory. The Law of Agency and Partnership (2d ed. 1990). Rex, Benjamin F. The Notaries' Manual (J.H. McMillan ed., 6th ed. 1913). Reynolds, Osborne M., Jr. Handbook of Local Government Law (1982). Rhode, Deborah L.; and Geoffrey C. Hazard. Professional Responsibility (2002). Richardson, William P. The Law of Evidence (3d ed. 1928). Riddick, Floyd M.; and Miriam H. Butcher. Riddick's Rules of Procedure (1985). Robert, Henry M. Robert's Rules of Order Newly Revised (10th ed. 2000). Robinson, O.F. The Criminal Law of Ancient Rome (1995). Rohwer, Claude; and Gordon D. Schaber. Contracts in a Nutshell (4th ed. 1997). Rose, Michael D.; and John C. Chommie. Federal Income Taxation (3d ed. 1988). Ross, Stephen F. Principles of Antitrust Law (1993). Rothstein, Mark A.; et al. Employment Law (1994). Rothstein, Mark A. Occupational Safety and Health Law (1990). Rothstein, Paul F. The Federal Rules of Evidence (3d ed. 2003). Rotunda, Ronald D.; and John E. Nowak. Treatise on Constitutional Law. 5 vols. (3d ed. 1999). Rutherglen,George. Employment Discrimination Law (2001). Sack, Robert D.; and Sandra S. Baron. Libel, Slander, and Related Problems (2d ed. 1994). Safire, William. Sajire's New Political Dictionary (1993). Salmond, John. Jurisprudence (Glanville L. Williams ed., 10th ed. 1947). Salsich, Peter W., Jr. Land Use Regulation (1991). Scarman, Leslie. English Law - the New Dimension (1974). Schechter, Roger E.; and John R. Thomas. Intellectual Property (2003). Schoenbaum, Thomas J. Admiralty and Maritime Law (1987). Schwarzenberger, Georg. Power Politics: A Study of International Society (2d ed. 1951). Schwing, Ann Taylor. Open Meeting Laws (2d ed. 2000). Schwing, Ann Taylor. California Affirmative Defenses. 5 vols. (2d ed. 1996). Scott, Austin W.; and William F. Fratcher. The Law of Trusts. 12 vols. (4th ed. 1987). Select Essays in Anglo-American Legal History. 3 vols. (1907-1909). Sender, Marta Pertegas. Cross-Border Enforcement of Patent Rights (2002). Shanor, Charles A.; and L. Lynn Hogue. Military Law in a Nutshell (2d ed. 1996). Shapo, Marshall S. The Duty to Act (1977). Shaw, Malcolm N. International Law (4th ed. 1997). Shipman, Benjamin J. Handbook of Common-Law Pleading (Henry Winthrop Ballantine ed., 3d ed. 1923). Shklar, Judith N. Legalism: Law, Morals, and Political Trials (1964). Siegel, David D. Conflicts in a Nutshell (2d ed. 1994). Simes, Lewis M.; and Allan F. Smith. The Law of Future Interests (2d ed. 1956). Simpson, Laurence P. Handbook on the Law of Suretyship (1950). Simpson, Brian. An Introduction to the History of the Land Law (1961). Singer, Norman J. Sutherland Statutes and Statutory Construction. 8 vols. (4th ed. 1986). Soderquist, Larry D.; and Theresa A. Gabaldon. Securities Law (1998). Sohm, Rudolph. The Institutes: A Textbook of the History and System of Roman Private Law (James Crawford Ledlie trans., 3d ed. 1907). Sohn, Louis B.; and Kristen Gustafson. The Law of the Sea in a Nutshell (1984). Spaht, Katherine S.; and W. Lee Hargrave. Louisiana Civil Law Treatise: Matrimonial Regimes (2d ed. 1997). Speidel, Richard E. Negotiable Instruments and Check Collection in a Nutshell (4th ed. 1993). Speiser, Stuart M. The Negligence Case: Res Ipsa Loquitur (1972). Sprankling, John G.; and Gregory S. Weber. The Law of Hazardous Wastes and Toxic Substances in a Nutshell (1997). Steinberg, Marc L Understanding Securities Law (2d ed. 1996). Stephen, James Fitzjames. A Digest of the Law of Evidence (4th ed. 1881). Stephen, James Fitzjames. Stephen's Commentaries on the Laws of England Crispin Warming-ton ed., 21st ed. 1950). Stephenson, Gilbert Thomas. Wills (1934). Stoebuck, William B.; and Dale A. Whitman. The Law of Property (3d ed. 2000). Story, Joseph. Commentaries on Equity Jurisprudence (W.E. Grigsby ed., 1st English ed. 1884). Strong, John W.; et al. McCormick on Evidence (5th ed. 1999). Sturgis, Alice. The Standard Code of Parliamentary Procedure (4th ed. 2001). Sullivan, Lawrence A. Handbook of the Law of Antitrust (1977). Sullivan, Lawrence A.; and Warren S. Grimes. 'The Law of Antitrust: An Integrated Handbook (2000). Svarlien, Oscar. An Introduction to the Law of Nations (1955). Taylor, Benjamin J.; and Fred Whitney. Labor Relations Law (1971). Taylor, Hannis. TheScience of Jurisprudence (1908). Thayer, James B. A Preliminary Treatise on Evidence at the Common Law (1898). Thoreau, Henry David. Journal of Henry D. Thoreau. 2 vols. (Bradford Torrey & Francis H. Allen eds., 1962). Thornton, G.C. Legislative Drafting (2d ed. 1979). Tidmarsh, Jay; and Roger H. Transgr ud. Complex Litigation (2002). Tigar, Michael E. Federal Appeals: Jurisdiction and Practice (2d ed. 1993). Torcia, Charles E. Wharton's Criminal Law. 4 vols. (15th ed. 1993). Treitel, G.H. The Law of Contract (8th ed. 1990. Tribe, Laurence H. Constitutional Choices (1985). Turner, rW. CeciL Kenny's Outlines of Criminal Law (16th ed. 1952). Underhill, H.C. A Treatise on the Law of Wills. 2 vols. (1900). Underhill, H.C. A Treatise on the Law of Landlord and Tenant. 2 vols. (1909). UnitedStates Attorneys' Manual (1997). Verplanck, Gulian C. An Essay on the Doctrine of Contracts (1825). Vining, Joseph. Legal Identity (1978). Wadlington, Walter; and Raymond C. O'Brien. Family Law in Perspective (2001). Walker, David M. A Legal History ofScotland. 6 vols. (1998-2001). Walker, David M. The Oxford Companion to Law (1980). Walker, David M. Principles ofScattish Private Law. 4 vols. (4th ed. 1988). Walsh, William F. A Treatise on Equity (1930). Walsh, William F. Outlines of the History of English and American Law (1924). Ware, Stephen J. Alternative Dispute Resolution (200l). Warvelle, George W. A Treatise on the Principles and Practice of the Action of Ejectment (190S). Waterman, Thomas W. A Treatise on the Law ofSet-Off, Recoupment, and Counter Claim (2d ed.1872). Waters, D.W.M. The Constructive Trust (1964). Watson, George. Bell's Dictionary and Digest of the Law ofScotland (3d ed. 1882). Watson, Alan. Ancient Law and Modern Understanding (1998). Weintraub, Russell J. Commentary on the Conflict of Laws (4th ed. 2001). Weldon, Arthur; and H. Gibson Rivington. Gibson's Conveyancing (14th ed. 1933). White, James J.; and Rober t S. Summers. Uniform Commercial Code. 4 vols. (4th ed. 1995). White, Alan R. Grounds of Liability (1985). Wigmore, John Henry. Evidence. 13 vols. (John T. McNaughton rev., 1961-1988). Wigmore,John Henry. Problems of Law (1920). Wigmor e, John Henry. AStudents' Textbook of the Law of Evidence (1935). Wigmore, John Henry. Evidence in Trials at Common Law. 5 vols. (James H. Chadbourn ed.) 4th rev. ed. 1961-). Williams, Glanville. Criminal Law (2d ed. 1961). Williams, Glanville. Learning the Law (11th ed. 1982). Williams, Glanville. The Sanctity ofLife and the Criminal Law (1957). Williams, Glanville. Textbook ofCriminal Law (1978). Williams, Joshua. Principles of the Law ofPersonal Property (lIth ed. 1881). Williston, Samuel. A Treatise on the Law of Contracts. 18 vols. (Walter H.E. Jaeger ed., 3d ed. 1957). Williston, Samuel. The Law Governing Sales ofGoods. 4 vols. (3d ed. 1948). Windeyer, w.J.v. Lectures on Legal History (2d ed. 1949). Winfield, Percy H. The ChiefSources ofEnglish Legal History (1925). Winternitz, Ingrid. Electronic Publishing Agreements (2000). Wolff, Hans Julius. Roman Law: An Historical Introduction (1951). Wood, H.G. A Treatise on the Law ofMaster and Servant (2d ed. 1886). Wright, Charles Alan. The Law ofFederal Courts (5th ed. 1994). Wright, Charles Alan; et al. Federal Practice and Procedure. 55 vols. (1978-2004). Yiannopoulos, A.N. Civil Law Property (4th ed. 2001). -------------- next part -------------- A non-text attachment was scrubbed... Name: Blacks Law Dictionary, 9thed 2009.docx Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document Size: 9272990 bytes Desc: not available URL: <http://nfbnet.org/pipermail/blindlaw_nfbnet.org/attachments/20210520/1f69f7ac/attachment-0004.docx> From philosopher25 at gmail.com Fri May 21 20:00:43 2021 From: philosopher25 at gmail.com (philosopher25 at gmail.com) Date: Fri, 21 May 2021 16:00:43 -0400 Subject: [blindLaw] Accessing Case Text Without Citations etc. In-Reply-To: <A225C3A6-9FB3-4A5B-B63A-3CE9B5ACF126@gmail.com> References: <A225C3A6-9FB3-4A5B-B63A-3CE9B5ACF126@gmail.com> Message-ID: <06C2A8DE-2EB2-447C-A2FE-471F790CC963@gmail.com> Don’t ask me Exactly how, but you can skip repetitive text using voice dream such as titles at the beginning of each page. It also has a feature where you can program an if than statement which is supposed to allow you to skip text if certain information is indicated. additionally, I have heard of people using Department of rehab to pay to get Jaws scripts. http://www.agora-net.com/~gray/voicedream/Help.html?back=https%3A%2F%2Fwww.google.com%2Fsearch%3Fclient%3Dsafari%26as_qdr%3Dall%26as_occt%3Dany%26safe%3Dactive%26as_q%3DHow+do+use+Voice+Dream+to+skip+titles%26channel%3Daplab%26source%3Da-app1%26hl%3Den Once a match is found using any of the matching options, you can tell Voice Dream Reader to skip all text that match, or to pronounce it as if it's another piece of text. For example, you can pronounce "lol" as "laughing out loud", or spell out "MAD" as "M-A-D". Dictated on an accessible device. > On May 19, 2021, at 11:34 PM, Syed Rizvi via BlindLaw <blindlaw at nfbnet.org> wrote: > > I'm also a relatively newer screen reader user, so my listening skills are still being developed. > >> On May 19, 2021, at 4:25 PM, Tim Elder via BlindLaw <blindlaw at nfbnet.org> wrote: >> >> IN full disclosure, I don't use Garner's practice in any of my work. But I >> am also a double-spacer at the end of sentences. In my perfect digital >> world, Garner's practice would be the norm and we would all have the ability >> to access citation information in a separate format that enabled >> programmatically determining the difference between text and citation text. >> If Garner's system were adopted in my imaginary world, we would have the >> choice to skip, jump to or review citation text via verbosity controls. >> That world doesn't exist today and poorly formatted opinions using Garner's >> footnote approach make it even more difficult to reliably access citation >> text with a screen reader. >> >> >> >> >> >> -----Original Message----- >> From: lmendez716 at gmail.com <lmendez716 at gmail.com> >> Sent: Wednesday, May 19, 2021 12:59 PM >> To: 'Blind Law Mailing List' <blindlaw at nfbnet.org>; tim at timeldermusic.com >> Cc: 'Laura Wolk' <laura.wolk at gmail.com> >> Subject: RE: [blindLaw] Accessing Case Text Without Citations etc. >> >> Agreed. >> >> -----Original Message----- >> From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Laura Wolk via >> BlindLaw >> Sent: Wednesday, May 19, 2021 3:40 PM >> To: tim at timeldermusic.com >> Cc: Laura Wolk <laura.wolk at gmail.com>; Blind Law Mailing List >> <blindlaw at nfbnet.org> >> Subject: Re: [blindLaw] Accessing Case Text Without Citations etc. >> >> Dissenter here, as always. Citations can give you really useful and >> immediate info, such as how old the case is, and whether someone is playing >> fast and loose with majorities versus concurrences, etc. >> >>>> On 5/19/21, tim at timeldermusic.com <tim at timeldermusic.com> wrote: >>> Syed, >>> >>> Note that legal writing guru, Bryan Garner, and many of his footnote >>> followers agree with you. But then we blind attorneys are subject to >>> the accessible footnoting formats. You'll get used to inline >>> citations soon enough. >>> >>> >>> >>> -----Original Message----- >>> From: Laura Wolk <laura.wolk at gmail.com> >>> Sent: Tuesday, May 18, 2021 2:51 PM >>> To: Blind Law Mailing List <blindlaw at nfbnet.org> >>> Subject: Re: [blindLaw] Accessing Case Text Without Citations etc. >>> >>> Nope. And that's how your casebooks and all filings will be too. >>> >>>> On 5/18/21, Syed Rizvi via BlindLaw <blindlaw at nfbnet.org> wrote: >>>> Dear All, >>>> >>>> I am currently taking a law school prep course. The cases we are >>>> reading are pulled from West Law. There are numerous citation >>>> numbers, footers and stuff that is not the text of the case. I >>>> understand all these citations etc. are important, but for my >>>> purpose, I would like to access just the text of the case, as trying >>>> to listen for the text amongst all the numbers is really driving me >>>> up the wall. Is there a solution to this? >>>> >>>> Thank you so much! >>>> >>>> Respectfully, >>>> Syed Rizvi >>>> _______________________________________________ >>>> BlindLaw mailing list >>>> BlindLaw at nfbnet.org >>>> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >>>> To unsubscribe, change your list options or get your account info for >>>> BlindLaw: >>>> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/laura.wolk%40gm >>>> a >>>> il.com >>>> >>> >>> >>> >>> >> >> _______________________________________________ >> BlindLaw mailing list >> BlindLaw at nfbnet.org >> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >> To unsubscribe, change your list options or get your account info for >> BlindLaw: >> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/lmendez716%40gmail.com >> >> >> >> _______________________________________________ >> BlindLaw mailing list >> BlindLaw at nfbnet.org >> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >> To unsubscribe, change your list options or get your account info for BlindLaw: >> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/syedrizvinfb%40gmail.com > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/philosopher25%40gmail.com From Noel.Nightingale at ed.gov Sat May 22 22:23:38 2021 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Sat, 22 May 2021 22:23:38 +0000 Subject: [blindLaw] Essential Worker Fellowship - Unemployment Law ProjectSeattle Message-ID: <SA9PR09MB5454BED6E019577EB4179535F9289@SA9PR09MB5454.namprd09.prod.outlook.com> From: Abby Goldy <goldyabigail at seattleu.edu> Sent: Friday, May 21, 2021 12:49 PM To: ATJ Community <atj-community at list.wsba.org> Cc: John Tirpak <jtirpak at ulproject.org> Subject: [atj-community] Essential Worker Fellowship - Unemployment Law Project Please see the announcement below for an Unemployment Law Project fellowship opportunity for a recent Seattle U Law graduate. Thank you in advance for forwarding to interested parties. Best, Abby Abby Goldy (she, her, hers) Interim Director Access to Justice Institute SEATTLE UNIVERSITY SCHOOL OF LAW (206) 398-4168 (direct) I (206) 398-4261 (fax) I law.seattleu.edu<https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flaw.seattleu.edu%2F&data=04%7C01%7Cgoldyabigail%40seattleu.edu%7Cdfacc96411384bcdc11508d91c91757a%7Cbc10e052b01c48499967ee7ec74fc9d8%7C0%7C0%7C637572233342779454%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Xlbp7YBwYug7diAg5MYkXE1SEa93H0WNkYSc8nfuzug%3D&reserved=0> // AT THE HEART OF LAW Essential Worker Fellowship Announcement ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ No images? Click here<https://schooloflaw.cmail19.com/t/d-e-qdrtlx-l-y/> [Image removed by sender. Seattle University School of Law]<https://schooloflaw.cmail19.com/t/d-i-qdrtlx-l-r/> [Image removed by sender.] Essential Worker Fellowship Seattle University School of Law, the Latina/o Bar Association of Washington, the Loren Miller Bar Association, and the Asian Bar Association of Washington have partnered together with the Unemployment Law Project (ULP) to fund a recent Seattle U law graduate to work full-time as the Essential Worker Fellow at the ULP for one year, starting in the summer of 2021. The ULP is a statewide non-profit law firm established to advise and represent unemployed workers. COVID-19 is devastating communities of color. Workers are often forced to work in unsafe conditions. Many are being denied unemployment benefits. The Fellow will connect food service workers and others in the food industry to legal services. Based in Seattle, the Fellow will provide advice and direct representation to food service workers who have been denied unemployment benefits. The Fellowship will provide a $60,000 salary, medical benefits, paid vacation/sick time leave, paid holidays, student loan repayment, time off during bar exam, bar dues, and CLE support. This opportunity is open to recent Seattle U Law graduates within the last 3 years (Class of 2019, 2020 and 2021). APPLICANTS SHOULD HAVE: · Interest or experience in labor/employment law, public benefits, and/or admin law · Commitment to public interest and social justice · Strong oral and written advocacy skills · Experience with community outreach, education, and organizing · Cross cultural competence · Commitment to strictly follow COVID-19 safety guidelines · Bar passage or ability to sit for the next bar exam · Proficiency in another language is a plus Applicants should submit letter of interest, transcript, resume, and writing sample by June 1, 2021 to Abby Goldy at goldyabigail at seattleu.edu<mailto:goldyabigail at seattleu.edu>. [Image removed by sender. Latina/o Bar Association of Washington] [Image removed by sender. Loren Miller Bar Association] [Image removed by sender. Asian Bar Association of Washington logo] [Image removed by sender. Unemployment Law Project logo] Seattle University School of Law 901 12th Avenue P.O. Box 222000 Seattle, WA 98122 --- You are currently subscribed to atj-community as: goldyabigail at seattleu.edu<mailto:goldyabigail at seattleu.edu>. To access web features of this list, visit list.wsba.org/read/<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Flist.wsba.org%2Fread%2F&data=04%7C01%7Cgoldyabigail%40seattleu.edu%7Cdfacc96411384bcdc11508d91c91757a%7Cbc10e052b01c48499967ee7ec74fc9d8%7C0%7C0%7C637572233342779454%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=EWIpg8U9oSNuklhTckjydV2EribvJgp%2FuWJePjMkOok%3D&reserved=0> Please send an email to the list administrator<mailto:owner-atj-community at list.wsba.org%20> to update the list administrator with changes to your email address. --- You are currently subscribed to diversity-stakeholders as: noel.nightingale at ed.gov<mailto:noel.nightingale at ed.gov>. To unsubscribe send a blank email to leave-1161897-9689257.98490556339430b43adf9753d1310389 at list.wsba.org<mailto:leave-1161897-9689257.98490556339430b43adf9753d1310389 at list.wsba.org> If you have any questions, or wish to change your email address, please contact the WSBA List Administrator<mailto:owner-diversity-stakeholders at list.wsba.org>. -------------- next part -------------- A non-text attachment was scrubbed... Name: ~WRD0000.jpg Type: image/jpeg Size: 823 bytes Desc: ~WRD0000.jpg URL: <http://nfbnet.org/pipermail/blindlaw_nfbnet.org/attachments/20210522/2c33ea0c/attachment-0004.jpg> -------------- next part -------------- A non-text attachment was scrubbed... Name: ULP-Fellowship_2021_0520.pdf Type: application/pdf Size: 116775 bytes Desc: ULP-Fellowship_2021_0520.pdf URL: <http://nfbnet.org/pipermail/blindlaw_nfbnet.org/attachments/20210522/2c33ea0c/attachment-0004.pdf> From slabarre at labarrelaw.com Mon May 24 16:17:25 2021 From: slabarre at labarrelaw.com (Scott C. LaBarre) Date: Mon, 24 May 2021 10:17:25 -0600 Subject: [blindLaw] FW: [DRBA] CREEC is hiring an Executive Director In-Reply-To: <CY4PR1801MB1847FD8168A64A8EFA372591A9269@CY4PR1801MB1847.namprd18.prod.outlook.com> References: <CY4PR1801MB1847FD8168A64A8EFA372591A9269@CY4PR1801MB1847.namprd18.prod.outlook.com> Message-ID: <000401d750b8$495b6550$dc122ff0$@labarrelaw.com> Hey everyone, this seems like a great opportunity for the right candidate. Colorado is a great place to live. All best, Scott From: Disability Rights Bar Association <DRBA at LISTSERV.SYR.EDU> On Behalf Of Amy Robertson Sent: Monday, May 24, 2021 9:51 AM To: DRBA at LISTSERV.SYR.EDU Subject: [DRBA] CREEC is hiring an Executive Director Hi, all (and apologies for cross-posting): We are very excited to tell you that CREEC will soon be hiring our replacement! CREEC has started the search for a new executive director, who will take over the position that Tim and I have co-held since we founded CREEC in 2013. Here is a link to the <https://creeclaw.org/executive-director-search/> job posting. We started CREEC to continue litigating impact civil rights cases, and to expand the educational work we did not have the bandwidth for as a private law firm. Since then, CREEC has grown significantly, adding the Immigration Detention Accountability Project and formalizing our disability rights work into the Accessibility Project. We are confident in and enthusiastic about CREEC’s strength as an organization, and believe that this is the right time – for the organization and for the two of us personally – to hire a new executive director to lead CREEC forward. This transition permits us to do what we love the most: litigate civil rights cases. After the new ED is in place, we will be returning to private practice as Fox & Robertson, remaining on CREEC’s Board of Directors, and hoping to spend a lot of time co-counseling with the awesome lawyers at CREEC. We appreciate your interest in and support for CREEC. Please circulate widely! Thank you. Best, Amy Amy F. Robertson (she/her) Co-Executive Director Civil Rights Education and Enforcement Center 1245 E. Colfax Ave., Suite 400 Denver, CO 80218 303.757.7901 www.creeclaw.org <http://www.creeclaw.org/> arobertson at creeclaw.org <mailto:arobertson at creeclaw.org> REMINDER: The DRBA listserv is intended to facilitate open discussion and sharing of ideas. Members need to feel confident that their discussions will not be distributed beyond the group unnecessarily. PLEASE CONSULT WITH THE SENDER(S) BEFORE FORWARDING ANY LISTSERV DISCUSSIONS BEYOND THE DRBA GROUP. DONATE: The DRBA is a valuable free resource to its members. But the DRBA does have expenses for management, web and listserv services. PLEASE DONATE TODAY. Send a check payable to “Burton Blatt Institute” to: Burton Blatt Institute at Syracuse University c/o Joseph Smith 950 Irving Avenue Dineen Hall, Suite 446Syracuse, New York 13244-2130 And indicate “DRBA” on the memo line. BRIEF BANK: Are you sharing briefs, interrogatories, decisions or other non-confidential resources on this listserv? ARCHIVE them for all present and future members by logging in to the DRBA website, going to the MEMBERS AREA and selecting ONLINE DOCUMENT DATABASE for further instructions. Contact DRBA-Law at law.syr.edu <mailto:DRBA-Law at law.syr.edu> for login credentials and related help. <http://disabilityrights-law.org/> <https://www.facebook.com/DRBALaw> <https://twitter.com/DRBALaw> From teresitarios22 at gmail.com Tue May 25 01:11:13 2021 From: teresitarios22 at gmail.com (Teresita Rios) Date: Mon, 24 May 2021 21:11:13 -0400 Subject: [blindLaw] Write-on Competition advice. Message-ID: <CAKM5H_1+1CURPjUARK-BOVU9o0H0pHHpm0SWf7CPcPbO0+hPgQ@mail.gmail.com> Hello all, I just finished my first year of law school and now I am starting our write-on competition, to be accepted to a Law Review. The competition consists of a note, and a bluebook editing sources of a document, alongside the actual document using Chicago style. How did you guys go about the bluebook portion of your competitions. How many would recommend a PDF Bluebook? or is the electronic *Bluebook* better? How should I approach such a behemoth? What did you guys do to get started with all? Did any have a game-plan? and most importantly are you willing to share it? Warmly: Teresita Rios -- J.D. Candidate | Notre Dame Law School '23. trios at nd.edu From Noel.Nightingale at ed.gov Tue May 25 20:56:53 2021 From: Noel.Nightingale at ed.gov (Nightingale, Noel) Date: Tue, 25 May 2021 20:56:53 +0000 Subject: [blindLaw] Job: Civil Rights Compliance Program Supervisor Olympia - Governmentjobs.com - May 7, 2021 Message-ID: <SA9PR09MB5454A559F87BD3A1C3DF0D9FF9259@SA9PR09MB5454.namprd09.prod.outlook.com> https://www.governmentjobs.com/careers/washington/jobs/3092145/civil-rights-compliance-program-supervisor Civil Rights Compliance Program Supervisor Job Description Governmentjobs.com May 7, 2021 Salary $70,989.00 - $83,517.00 Annually Location Multiple Locations Statewide, WA Job Type Full Time - Permanent Department Office of Superintendent of Public Instruction Job Number 2021-05074 Closing Continuous WASHINGTON MANAGEMENT SERVICE JOB ANNOUNCEMENT Civil Rights Compliance Program Supervisor $70,989 - 83,517 annually Continuous Recruitment Initial screening will begin May 28,2021 The Washington State Office of Superintendent of Public Instruction (OSPI) seeks a Civil Rights Compliance Program Supervisor (Equity and Civil Rights Program Supervisor) to join the OSPI team. This full-time position is primarily based in Olympia, Washington, with the possibility of some telecommuting or hybrid work. We encourage interested candidates to visit the OSPI website to gain insight into our agency. About OSPI and our initiatives OSPI is the primary agency charged with overseeing public K-12 education in Washington state. Working with the state's 295 public school districts and 6 state-tribal education compact schools, OSPI allocates funding and provides tools, resources, and technical assistance so every student in Washington is provided a high-quality public education. At OSPI, we recognize that our employees are the key to the success of the agency. We are committed to our work but value the balance with our personal lives. We demonstrate our commitment to employees by providing an environment that stimulates professional growth and values them for their expertise. OSPI is a great place to work and has several initiatives to help create a great working environment, including: * We support a healthy work/life balance by offering flexible/alternative work schedules and mobile and telework options. (Depending on job duties and work location.) * We have an Infant at Work Program that is based on long-term values of newborns and infant-parent bonding. Eligible employees who are new parents or legal guardians can bring their infant (six weeks to six months) when returning to work. (Depending on job duties and work location.) * We value and are actively involved in promoting diversity, equity and inclusion within OSPI by way of cross-divisional, collaborative committee. The focus of the committee includes employee engagement and education; reinforcing OSPI values; and maximizing the value of diversity and identifying strategies for inclusion. Vision, Mission, and Values Vision: All students prepared for post-secondary pathways, careers, and civic engagement. Mission: Transform K-12 education to a system that is centered on closing opportunity gaps and is characterized by high expectations for all students and educators. We achieve this by developing equity-based policies and supports that empower educators, families, and communities. Values: Ensuring Equity, Collaboration and Service, Achieving Excellence through Continuous Improvement, Focus on the Whole Child Equity Each student, family, and community possesses strengths and cultural knowledge that benefits their peers, educators, and schools. Ensuring educational equity: * Goes beyond equality; it requires education leaders to examine the ways current policies and practices result in disparate outcomes for our students of color, students living in poverty, students receiving special education and English Learner services, students who identify as LGBTQ+, and highly mobile student populations. * Requires education leaders to develop an understanding of historical contexts; engage students, families, and community representatives as partners in decision-making; and actively dismantle systemic barriers, replacing them with policies and practices that ensure all students have access to the instruction and support they need to succeed in our schools. Position Overview The Equity and Civil Rights Office is a professional and inclusive work environment where teamwork, high quality legal and customer service, and work-life balance are highly valued. The Equity and Civil Rights Office work includes a diverse mix of monitoring and investigations, policy and resource development, and technical assistance. The Equity and Civil Rights Office leads some of OSPI's most critical initiatives, including gender-inclusive schools, language access, and systemic approaches to preventing racial and disability discrimination in student discipline. Through these activities and initiatives, the Equity and Civil Rights Office works to build school districts' capacity to eliminate discrimination. The primary role of the Equity and Civil Rights Program Supervisor is to monitor school districts' compliance with state and federal civil rights laws and investigate discrimination complaints. The program supervisor also provides support and information to help parents, students, and educators understand civil rights laws, regulations and responsibilities, and to identify potential issues and options. Collaboration, neutrality, legal analysis and problem-solving, and effective and accurate communication are essential to this position. In this role, the program supervisor does not serve as an advocate but as a resource to families, educators, and OSPI staff to answer questions regarding civil rights matters and assist in resolving issues of discrimination. The program supervisor coordinates with other OSPI departments, school districts, state and federal agencies, and other organizations to effectively accomplish this work. These responsibilities affect the continued federal funding for the state. This position involves some travel in the state for training and monitoring activities. This position is supervised by the Managing Attorney of the Equity and Civil Rights Office. A strong candidate for this position is an attorney or experienced investigator with a demonstrated commitment to civil rights and public service. Key Responsibilities * Provide technical assistance, information, and resources regarding civil rights requirements in a professional, legally accurate, and approachable manner to schools, parents, advocates, and other interested parties * Respond to allegations and complaints of discrimination by students, parents, employees, and others; investigate complaints; and facilitate resolutions * Coordinate and conduct monitoring of K-12 school compliance with state and federal civil rights laws through on-site compliance reviews, desk reviews, and other methods as needed. Identify issues of noncompliance, outline corrective actions, and help to ensure that schools comply with any required corrective actions as a result of program review and monitoring activities * Identify, research, and analyze potential discriminatory policies, procedures, and practices in the K-12 sector, including researching and analyzing state and federal nondiscrimination statutes, regulations, guidance, and case law * Design and lead trainings for schools, parents, advocates, and other stakeholders regarding civil rights, school district responsibilities, complaint procedures, and OSPI services * Design and prepare guidance, bulletins, reports, tools, and other resources that support the work of the Equity and Civil Rights Office * Collaborate and consult with state and federal agencies, professional and advocacy organizations, and other OSPI departments Required Qualifications: * Law degree from an accredited law school OR * Master's degree or higher in K-12 education, public administration, law, or related field, and three years of experience in investigations or legal analysis, preferably in civil rights Desired Qualifications: * Experience conducting investigations, including investigation planning, conducting interviews, legal analysis, and report writing * Experience working in the K-12 education system and knowledge of OSPI's role * Knowledge of state and federal nondiscrimination laws and regulations, and understanding of civil rights issues affecting school districts * Ability to analyze complex problems and legal issues and develop practical solutions * Excellent oral and written communication skills, including the ability to deliver technical and legal information clearly and concisely in writing and verbally in both formal and informal settings, including public speaking * Experience in active listening and responding to parent and student concerns or complaints, preferably in regards to issues of discrimination, equal access, or disability (Section 504 or special education) * Experience communicating legal concepts to a range of individuals (such as parents, youth, and school professionals) in writing, by phone, and in person * Knowledge of mediation, conflict resolution, or alternative dispute resolution skills * Knowledge and experience in effective program planning, and in developing training programs * Strong skills in the use of technology for presentations, data collection, and communication * Knowledge of the responsibilities of state education agencies and the roles and responsibilities of other agencies * The ability to work independently and in a team setting * Ability to travel statewide Compensation The annual compensation for the position is $70,989 - $83,517 per year and depends upon experience, educational background, and qualifications. Geographic differentials may be applied based on work location of successful candidate. Washington State offers a generous benefit package including health, dental and life insurance, retirement and an optional deferred compensation program. Please visit Health Care Authority for information regarding health benefits and the Department of Retirement Systems for retirement plan information. This is a Washington Management Position. This position is not represented by a bargaining unit. Application Process Those interested in this position must apply through Careers.wa.gov. Applications must include the following documents in MS Word and PDF format only: * A letter of interest specifically addressing the qualifications listed in this announcement; * A current résumé, and; * A list of three or more professional references. Please address any questions to: Theresa Ellsworth, Human Resources Office of Superintendent of Public Instruction 600 Washington Street Southeast Olympia, Washington 98504-7200 (360) 725-6066; Theresa.Ellsworth at k12.wa.us<mailto:Theresa.Ellsworth at k12.wa.us> Persons needing accommodation in the application process or this announcement in an alternative format may contact the Human Resources Office at (360) 725-6270 or (360) 725-6066, or e-mail hroffice at k12.wa.us<mailto:hroffice at k12.wa.us>. New Jobs Alert Service OSPI offers a subscription service, which regularly notifies subscribers of new OSPI employment opportunities on careers.wa.gov. Subscribers are notified via text or email alert. If you are interested in this service, then please subscribe at this location. OSPI is an equal opportunity employer and encourages applications from job seekers who will contribute to our diversity. OSPI provides equal access to all programs and services without discrimination based on sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability. If you would like, please include your name and gender pronouns in your application, to ensure we address you appropriately throughout the application process. Persons needing accommodation in the application process or this announcement in an alternative format may contact the human resource consultant listed in "Application Process." From jeffjayjohnston at gmail.com Sat May 29 15:55:41 2021 From: jeffjayjohnston at gmail.com (JJ Johnston) Date: Sat, 29 May 2021 08:55:41 -0700 Subject: [blindLaw] obtaining an accessible Black's law dictionary In-Reply-To: <CA+3kOQdGacnrQHp+eFrBdobJa9nHrmpKihDPgUuK5HQY+Kdvsw@mail.gmail.com> References: <CADqP3ocF_GgUzzhvzOx5x0=38jEfFVhAOu6wLJAs2h7fkKcd9Q@mail.gmail.com> <C2C967B8-F142-486B-8D93-63F80398BF32@gmail.com> <CA+3kOQdGacnrQHp+eFrBdobJa9nHrmpKihDPgUuK5HQY+Kdvsw@mail.gmail.com> Message-ID: <0dd001d754a3$14176940$3c463bc0$@gmail.com> Thanks all for this valuable info. Is there an advantage to the column formatting in the shared OCR'd files? I'm tempted to try reformatting in a single column for easier navigating--but wonder if that will mess up something important or intentional. Thanks. J -----Original Message----- From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Seif-Eldeen Saqallah via BlindLaw Sent: Thursday, May 20, 2021 6:55 PM To: Blind Law Mailing List <blindlaw at nfbnet.org> Cc: Seif-Eldeen Saqallah <seifs at umich.edu> Subject: Re: [blindLaw] obtaining an accessible Black's law dictionary Thank you, Sai! Attached are docx and txt conversions, should they be helpful. Sincerely, Seif On 5/20/21, Maura Kutnyak via BlindLaw <blindlaw at nfbnet.org> wrote: > This message may be redundant. I’m having a hard time tracking the > thread on my phone at the moment. I can vouch for the app. It works > well. I have not regretted the ridiculously high price. I figure I will have it forever. > Relatively speaking :-) be very accessible. > > Sincerely, > > Maura Kutnyak, M.P.A. > University at Buffalo > School of Law, J.D. > anticipated spring 2023 > 716-563-9882 > >> On May 20, 2021, at 3:54 PM, Heidi Contreras Ruiz via BlindLaw >> <blindlaw at nfbnet.org> wrote: >> >> Good Afternoon, >> Yes, I checked Bookshare and the like before asking around. they >> have the 7th, but my professor wants us to attain a more recent copy. >> Heidi >> >>> On 5/20/21, Luis A. Mendez via BlindLaw <blindlaw at nfbnet.org> wrote: >>> Good afternoon Heidi: >>> >>> Have you checked to see if Bookshare.org has a current or very >>> recent edition? >>> >>> Luis >>> >>> -----Original Message----- >>> From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Heidi >>> Contreras Ruiz via BlindLaw >>> Sent: Thursday, May 20, 2021 3:13 PM >>> To: blindlaw at nfbnet.org >>> Cc: Heidi Contreras Ruiz <heidicruiz at gmail.com> >>> Subject: [blindLaw] obtaining an accessible Black's law dictionary >>> >>> Hello, >>> I am taking some law courses and I require a Black's law dictionary >>> for an upcoming class. I am in need of an edition between the 8th >>> and the 11th. >>> Does anyone have any suggestions for me to be able to find an >>> accessible version? Thank you for your assistance in advance. >>> Best, >>> Heidi >>> >>> _______________________________________________ >>> BlindLaw mailing list >>> BlindLaw at nfbnet.org >>> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >>> To unsubscribe, change your list options or get your account info >>> for >>> BlindLaw: >>> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/lmendez716%40g >>> mail.com >>> >>> >>> _______________________________________________ >>> BlindLaw mailing list >>> BlindLaw at nfbnet.org >>> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >>> To unsubscribe, change your list options or get your account info >>> for >>> BlindLaw: >>> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/heidicruiz%40g >>> mail.com >>> >> >> _______________________________________________ >> BlindLaw mailing list >> BlindLaw at nfbnet.org >> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org >> To unsubscribe, change your list options or get your account info for >> BlindLaw: >> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/maurakutnyak%40 >> gmail.com > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/seifs%40umich.ed > u > -- Seif Saqallah (Mr.) University of Michigan Juris Doctor/ Masters in Middle Eastern and North African Studies J.D/M.A Graduate | 2020 International Studies, Arabic Studies, and Judaic Studies; Law, Justice, and Social Change B.A | 2017 248-325-7091 | seifs at umich.edu The information in this transmittal (including attachments, if any) is confidential and may contain privileged information protected from disclosure by law. If you are not the intended recipient and have received this transmittal in error, please notify the sender immediately by reply email, delete this communication, and destroy all copies of the transmittal, including attachments. Receipt of this message is not intended to waive any applicable legal privilege. From sai at fiatfiendum.org Sat May 29 17:51:53 2021 From: sai at fiatfiendum.org (Sai) Date: Sat, 29 May 2021 18:51:53 +0100 Subject: [blindLaw] obtaining an accessible Black's law dictionary In-Reply-To: <0dd001d754a3$14176940$3c463bc0$@gmail.com> References: <CADqP3ocF_GgUzzhvzOx5x0=38jEfFVhAOu6wLJAs2h7fkKcd9Q@mail.gmail.com> <C2C967B8-F142-486B-8D93-63F80398BF32@gmail.com> <CA+3kOQdGacnrQHp+eFrBdobJa9nHrmpKihDPgUuK5HQY+Kdvsw@mail.gmail.com> <0dd001d754a3$14176940$3c463bc0$@gmail.com> Message-ID: <CAHs-R5x2coEEmK2kkrjkqGZr0VvS5P-dJ2GGhMigf9msYD-hpA@mail.gmail.com> No, it's just better for visual layout. Easier to visually read text when the column size isn't too large, because it requires less eye movement, and because some entries won't be long enough for the full width, which looks bad. Purely a visual thing. Standard for dictionaries. Sincerely, Sai President, Fiat Fiendum, Inc., a 501(c)(3) Sent from my mobile phone; please excuse the concision and autocorrect errors. On Sat, May 29, 2021, 16:57 JJ Johnston via BlindLaw <blindlaw at nfbnet.org> wrote: > Thanks all for this valuable info. Is there an advantage to the column > formatting in the shared OCR'd files? I'm tempted to try reformatting in a > single column for easier navigating--but wonder if that will mess up > something important or intentional. > > Thanks. > > J > > > -----Original Message----- > From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Seif-Eldeen > Saqallah via BlindLaw > Sent: Thursday, May 20, 2021 6:55 PM > To: Blind Law Mailing List <blindlaw at nfbnet.org> > Cc: Seif-Eldeen Saqallah <seifs at umich.edu> > Subject: Re: [blindLaw] obtaining an accessible Black's law dictionary > > Thank you, Sai! > > Attached are docx and txt conversions, should they be helpful. > > Sincerely, > Seif > > On 5/20/21, Maura Kutnyak via BlindLaw <blindlaw at nfbnet.org> wrote: > > This message may be redundant. I’m having a hard time tracking the > > thread on my phone at the moment. I can vouch for the app. It works > > well. I have not regretted the ridiculously high price. I figure I will > have it forever. > > Relatively speaking :-) be very accessible. > > > > Sincerely, > > > > Maura Kutnyak, M.P.A. > > University at Buffalo > > School of Law, J.D. > > anticipated spring 2023 > > 716-563-9882 > > > >> On May 20, 2021, at 3:54 PM, Heidi Contreras Ruiz via BlindLaw > >> <blindlaw at nfbnet.org> wrote: > >> > >> Good Afternoon, > >> Yes, I checked Bookshare and the like before asking around. they > >> have the 7th, but my professor wants us to attain a more recent copy. > >> Heidi > >> > >>> On 5/20/21, Luis A. Mendez via BlindLaw <blindlaw at nfbnet.org> wrote: > >>> Good afternoon Heidi: > >>> > >>> Have you checked to see if Bookshare.org has a current or very > >>> recent edition? > >>> > >>> Luis > >>> > >>> -----Original Message----- > >>> From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Heidi > >>> Contreras Ruiz via BlindLaw > >>> Sent: Thursday, May 20, 2021 3:13 PM > >>> To: blindlaw at nfbnet.org > >>> Cc: Heidi Contreras Ruiz <heidicruiz at gmail.com> > >>> Subject: [blindLaw] obtaining an accessible Black's law dictionary > >>> > >>> Hello, > >>> I am taking some law courses and I require a Black's law dictionary > >>> for an upcoming class. I am in need of an edition between the 8th > >>> and the 11th. > >>> Does anyone have any suggestions for me to be able to find an > >>> accessible version? Thank you for your assistance in advance. > >>> Best, > >>> Heidi > >>> > >>> _______________________________________________ > >>> BlindLaw mailing list > >>> BlindLaw at nfbnet.org > >>> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > >>> To unsubscribe, change your list options or get your account info > >>> for > >>> BlindLaw: > >>> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/lmendez716%40g > >>> mail.com > >>> > >>> > >>> _______________________________________________ > >>> BlindLaw mailing list > >>> BlindLaw at nfbnet.org > >>> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > >>> To unsubscribe, change your list options or get your account info > >>> for > >>> BlindLaw: > >>> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/heidicruiz%40g > >>> mail.com > >>> > >> > >> _______________________________________________ > >> BlindLaw mailing list > >> BlindLaw at nfbnet.org > >> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > >> To unsubscribe, change your list options or get your account info for > >> BlindLaw: > >> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/maurakutnyak%40 > >> gmail.com > > > > _______________________________________________ > > BlindLaw mailing list > > BlindLaw at nfbnet.org > > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > > To unsubscribe, change your list options or get your account info for > > BlindLaw: > > http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/seifs%40umich.ed > > u > > > > > -- > Seif Saqallah > (Mr.) > University of Michigan > Juris Doctor/ > Masters in Middle Eastern and North African Studies J.D/M.A Graduate | 2020 > > International Studies, Arabic Studies, and Judaic Studies; Law, Justice, > and Social Change B.A | 2017 > > 248-325-7091 | seifs at umich.edu > > The information in this transmittal (including attachments, if any) is > confidential and may contain privileged information protected from > disclosure by law. If you are not the intended recipient and have received > this transmittal in error, please notify the sender immediately by reply > email, delete this communication, and destroy all copies of the > transmittal, including attachments. Receipt of this message is not intended > to waive any applicable legal privilege. > > > _______________________________________________ > BlindLaw mailing list > BlindLaw at nfbnet.org > http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org > To unsubscribe, change your list options or get your account info for > BlindLaw: > http://nfbnet.org/mailman/options/blindlaw

407.] Code of Hammurabi (hah ina-rah-bee or hain-a-). The oldest known written legal code, produced in Meso- i potamia during the rule of Hammurabi (who reigned from 1792 to 1750 b.c.). • The code consisted of nearly 300 provisions, arranged under headings such as family, trade, real property, personal property, and labor. Code of Judicial Conduct. The body of standards governing the professional ethics and behavior of judges. • The American Bar Association drafted a Model Code of Judicial Conduct and formally adopted it in 1972, In 1973, the U.S. Judicial Conference used the code as the basis for the Code of Conduct for United States Judges. Portions of the code are also found in federal law (see, e.g. 28 USCA § 455). The 1972 ABA Code has been superseded by the 1990 ABA Model Code of Judicial Conduct. Each state has a code of judicial conduct, based on the 1972 or 1990 model codes or a blend of both. A state’s highest court is responsible for drafting and enacting the code. — Abbr. CJC. [Cases: Judges 011(2).] Code of Justinian. See justinian code. Code of Military Justice. The collection of substantive and procedural rules governing the discipline of members of the armed forces. 10 USCA §§ 801 et seq. — Also termed Uniform Code of Military Justice (UCMJ). [Cases: Armed Services <042.1; Military Justice 1, 25.1.] implied coercion. See undue influence (1). moral coercion. See undue influence (1). 2, Conduct that constitutes the improper use of economic power to compel another to submit to the wishes of one who wields it. — Also termed economic coercion. 3. Hist. A husband s actual or supposed control or influence over his wife’s actions. • Under the common-law doctrine of coercion, a wife who committed a crime in her husband’s presence was presumed to have been coerced by him and thus had a complete defense. Courts have abolished this doctrine. — Also termed doctrine of coercion. — coercive, adj. — coercer, n. 295 cognizable “Although as an abstract statement any action or restraint imposed upon one by another may be spoken of as coercion, there has been a tendency in the criminal law to employ the word ‘compulsion’ for the general field and to reserve the word ‘coercion’ to indicate the exercise of such influence (actual or presumed) over a married woman by her husband. And since the latter is not merely a specific instance of the former, but is something which differs from it in kind so far as common-law consequences are concerned, there are important reasons for retaining this difference in the meaning to be assigned to these terms." Rollin M, Perkins & Ronald N. Boyce, Criminal Law 1018 (3d ed. 1982). coercive relief. See relief, coexecutor (koh-eg-zek-ya-tar). See joint executor under EXECUTOR. coexistence. Int’l law. The peaceful continuation of nations, peoples, or other entities or groups within an effective political-military equilibrium. coexisting motion. See motion (2). cogent (koh-jant), adj. (17c) Compelling or convincing . 3. Capable of being judicially tried or examined before a designated tribunal; within the court’s jurisdiction 64.[ cognizee (kog-ni-zee). (16c) Hist. The grantee of land in a conveyance by fine. — Also termed conusee; conuzee. See finE'(i). cognizor (kog-ni-zar or -zor). (16c) Hist. The grantor of land in a conveyance by fine. — Also termed conusor', conuzor. See fine (i). “Next comes the concord, or agreement itself, after leave obtained from the court: which is usually an acknowledgment ... that the lands in question are the right of the complainant. And from this acknowledgment, or recognition of right, the party levying the fine is called the cognizor, and he to whom it is levied the cognizee..'' 2 William Blackstone, Commentaries on the Laws of England 350-51 (1766). cognovit (kog-noh-vit). (18c) [Latin “he has conceded (a debt or an action)”] An acknowledgment of debt or liability in the form of a confessed judgment. • Formerly, credit contracts often included a cognovit clause in which the consumer relinquished, in advance, any right to be notified of court hearings in any suit for nonpayment — but such clauses are now generally illegal. See confession of judgment. Cf. warrant of attorney. [Cases: Federal Civil Procedure 2396; Judgment 54.] “A cognovit is an Instrument signed by a defendant in an action actually commenced confessing the plaintiff's demand to be just, and empowering the plaintiff to sign judgment against him in default of his paying the plaintiff the sum due to him within the time mentioned in the cognovit." John Indermaur, Principles of the Common Law 8 (Edmund H. Bennett ed., 1st Am. ed. 1878). cognovit actionem (kog-noh-vit ak-shee-oh-nsm). [Law Latin “he has confessed the action”] A defendant’s written acknowledgment of the plaintiff’s claim, authorizing the plaintiff to take a judgment for a named sum; a cognovit. cognovit clause. (1925) A contractual provision by which a debtor agrees to jurisdiction in certain courts, waives notice requirements, and authorizes the entry of an adverse judgment in the event of a default or breach. • Cognovit clauses are outlawed or restricted in most states. [Cases: Federal Civil Procedure <0^2396; Judgment 0^54.] cognovit judgment. See judgment. cognovit note. A promissory note containing a cognovit clause. — Also termed judgment note. [Cases: Federal Civil Procedure C^’2396; Judgment 54.[ COGSA. 1. abbr. carriage of goods by sea act. 2. Maritime law. A country’s enactment of the international convention popularly known as the Hague Rules. • The acronym is used even when the country’s statute has a different title; for example, the Canadian Carriage of Goods by Water Act is referred to as the “Canadian COGSA.” [Cases: Shipping C-— 103.] cohabitation (koh-hab-a-tay-shan), n. (15c) The fact or state of living together, esp. as partners in life, usu. with the suggestion of sexual relations. [Cases: Marriage <[=■ 13, 22.] — cohabit (koh-hab-it), vb. — cohabitative (koh-hab o-tay-tiv), adj. — cohabitant (koh-hab-a-tant), n. — cohabitor (koh-hab-a-tar), n. illicit cohabitation. (18c) I. The offense committed by an unmarried man and woman who live together as husband and wife and engage in sexual intercourse. • This offense, where it still exists, is seldom prosecuted. 2. The condition of a man and a woman who are not married to one another and live together in circumstances that make the arrangement questionable on grounds of social propriety, though not necessarily illegal. — Also termed lascivious cohabitation-, lewd and lascivious cohabitation. Cf. fornication. [Cases: Criminal Law 45.40; Lewdness 0=1.] lascivious cohabitation. See illicit cohabitation, matrimonial cohabitation. The living together of husband and wife. notorious cohabitation. (18c) Archaic. Illicit cohabitation in which the parties make no attempt to hide their living arrangements. — Also termed open and notorious cohabitation. See illicit cohabition. [Cases: Lewdness O3-’ L] cohabitation agreement. A contract outlining the property and financial arrangements between persons who live together. — Also termed living-together agreement. Cf. prenuptial agreement. [Cases: Marriage <>54.] cohabiting unmarried person of the opposite sex. See cupos. Cohan rule (koh-han). Tax. A former rule that a taxpayer may approximate travel and entertainment expenses when no records exist if the taxpayer has taken all possible steps to provide documentation. • Since 1962, travel and entertainment expenses have been only partly deductible and must be carefully documented, but courts may apply the Cohan reasoning to other items. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930). [Cases: Internal Revenue 0=3377, 4536.] coheir (koh-air). See heir. coheiress (koh-air-is). Hist. A female coheir. Cohen doctrine (koh-sn). See collateral-order DOCTRINE. coheres (koh-heer-eez), n. Roman law. A coheir. PL coheredes (koh-heer-a-deez). cohort analysis (koh-hort). (1954) A method of measuring discrimination in the workplace by comparing, at several points in time, the pay and promotions of employees of different cognizable groups. • Cohort analyses are often used in employment-discrimination cases. [Cases: Civil Rights 0=1543.] coif (koyf). (14c) Hist. 1. A white linen headpiece formerly worn by serjeants at law (barristers of high standing) in common-law courts. 2. The rank or order of serjeants at law. See order op the coif. Coinage Clause. (1863) The provision in the U.S. Constitution (art. I, § 8, cl. 5) granting to Congress the power to coin money. [Cases: United States 2285.] cojudices. Archaic. In England, associate judges. COLA. abhr. cost-of-living adjustment. cold bench. See bench. cold blood. (18c) A killer’s state of mind when committing a willful and premeditated homicide

94.] face-amount certificate. 1. A certificate, investment contract, or other security representing an obligation by its issuer to pay a stated or determinable sum, at a fixed or determinable date or dates more than 24 months after the date of issuance, in consideration of the payment of periodic installments of a stated or determinable amount. — Also termed face-amount certificate of the installment type. 2. A security representing a similar obligation on the part of the issuer of a face-amount certificate, the consideration for which is the payment of a single lump sum. See 15 USCA § 80a-2(a) (15). — Also termed/uZ/y paidface-amount certificate. periodic-payment-plan certificate. A certificate, investment contract, or other security providing for a series of periodic payments by the holder and representing an undivided interest in certain specified securities or in a unit or fund of securities purchased wholly or partly with the proceeds of those payments. • The term also includes any security whose issuer is also issuing the certificates described above and whose holder has substantially the same rights and privileges as those holders have upon completing the periodic payments for which the securities provide. See 15 USCA § 80a-2(a)(27). stock clearing. The actual exchange of money and stock between buyer and seller, typically performed by a clearing corporation. stock clearing corporation. A New York Stock Exchange subsidiary that is a central agency for securities deliveries and payments between member firms. stock control. A system of inventory management by which a business maintains perpetual records of its inventory. stock corporation. See corporation. stock dividend. See dividend. stock exchange. See securities exchange. stock-for-assets exchange. Mergers dr acquisitions. A merger in which one corporation agrees to dissolve and transfers all or most of its assets to another corporation, which then distributes shares of its own stock to the dissolving corporation’s shareholders. stock-for stock exchange. See stock swap under swap. stockholder. See shareholder. stockholder derivative suit. See derivative action (i). stockholder of record. The person who is listed in the issuer’s books as the owner of stock on the record date. — Also termed holder of record; owner of record; record owner. See record date under date. [Cases: Corporations Qcz 128.] stockholder’s liability. See shareholder's liability under LIABILITY. stock insurance company. See insurance company. stock in trade. 1. The inventory carried by a retail business for sale in the ordinary course of business. 2. The tools and equipment owned and used by a person engaged in a trade. 3. The equipment and other items needed to run a business. stock issue. See issue (2). stockjobber. See jobber (2). stockjobbing, n. The business of dealing in stocks or shares; esp., the buying and selling of stocks and bonds by jobbers who operate on their own account. — Also termed stockjobbery. stock-law district. See district. stock life-insurance company. See insurance company. stock manipulation. See manipulation. stock market. 1. See market (5). 2. See market (6). stock merger. See merger. stock note. See note (1). stock option. 1. An option to buy or sell a specific quantity of stock at a designated price for a specified period regardless of shifts in market value during the period. [Cases: Corporations <3^116.] 2. An option that allows a corporate employee to buy shares of corporate stock at a fixed price or within a fixed period, • Such an option is usu. granted as a form of compensation and can qualify for special tax treatment under the Internal Revenue Code. — Also termed (in sense 2) employee stock option; incentive stock option (ISO). nonqualified stock option. A stock-option plan that does not receive capital-gains tax treatment, thus allowing a person to buy stock for a period (often ten years) at or below the market price. — Abbr. NQSO. [Cases: Internal Revenue C=>3596.[ qualified stock option. A now-rare stock-option plan that allows a person to buy stock for a period (often five years) at the market price, the stock being subject to capital-gains tax treatment, [Cases: Internal Revenue ' 3602.] stock-option contract. See con tract. stock-parking, n. See parking (2). stock power. A power of attorney permitting a person, other than the owmer, to transfer ownership of a security to a third party. — Also termed stock/bond power. [Cases: Corporations .) 126.j stock-purchase plan. An arrangement by which an employer corporation allows employees to purchase shares of the corporation’s stock. [Cases: Corporations 116.1 stock redemption. See redemption (3). stock-redemption agreement. An agreement between a corporation’s individual owners and the corporation itself, whereby the corporation agrees to purchase (i.e., redeem) the stock of a withdrawing or deceased owner, — Often shortened to redemption agreement. — Also termed stock-retirement agreement. [Cases: Corporations 0=82, 120.] stock repurchase. See redemption (3). stock-repurchase plan. A program by which a corporation buys back its own shares in the open market, usu. when the corporation believes the shares are undervalued. stock-retirement agreement. See stock-redemption AGREEMENT. stock right. See subscription right. stocks, n. A punishment device consisting of two boards that together form holes for trapping an offender’s feet and hands. — Formerly also termed cippi. Cf. bilboes (l); PILLORY. stock sale. Mergers & acquisitions. A takeover in which the acquiring corporation buys stock directly from the target corporation’s shareholders until it controls all or a majority of the target ’s stock. stock split. The issuance of two or more new shares in exchange for each old share without changing the proportional ownership interests of each shareholder. • For example, a 3-for-l split would give an owner of 100 shares a total of 300 shares, or 3 shares for each share previously owned. A stock split lowers the price per share and thus makes the stock more attractive to potential investors. — Also termed share split. [Cases: Corporations C=66.] reverse stock split. A reduction in the number of a corporation's shares by calling in all outstanding shares and reissuing fewer shares having greater value. [Cases: Corporations C—68.] stock subscription. See subscription (2). stock swap. See swap. stock-transfer agent. See agent (2). stock-transfer tax. See tax. stock warrant. See warrant (4). stolen property. (18c) Goods acquired by larceny, robbery, or theft. [Cases: Larceny O™ 4; Receiving Stolen Goods O™ 2; Robbery C-~4.] stonewall, vb. To persistently refuse to cooperate in an investigation; esp., to refuse to testify or to hand over requested material until every available legal challenge has been exhausted. — stonewalling, n. stool pigeon. Slang. 1. An informant, esp. a police informant. 2. A person who acts as a decoy, esp. on behalf of a gambler or swindler, or for the police to help make an arrest. — Also termed (in sense 1) rat; (in sense 2) capper. stop, n. (16c) Under the Fourth Amendment, a temporary restraint that prevents a person from walking away. [Cases: Arrest C---63.5.] stop and frisk, n. (1963) A police officer’s brief detention, questioning, and search of a person for a concealed weapon when the officer reasonably suspects that the person has committed or is about to commit a crime. • The stop and frisk, which can be conducted without a warrant or probable cause, was held constitutional by the Supreme Court in Terry v. Ohio, 392 U.S. 1,88 S.Ct. 1868 (1968). — Also termed investigatory stop; investigatory detention; Terry stop; field stop. See reasonable suspicion under suspicion. [Cases: Arrest C^-63,5.] stopgap tax. See tax. stopgap zoning. See interim zoning under zoning. stop-limit order. See stop order under order (8). stop-list. Antitrust. An illegal means by which manufacturers sometimes attempt to enforce price maintenance, by having suppliers agree among themselves not to supply any party who competes actively and breaks anticompetitive price “rules,” stop-loss insurance. See insurance. stop-loss order. See stop order under order (8), stop-notice statute. (1963) A law providing an alternative to a mechanic’s lien by allowing a contractor, supplier, or worker to make a claim against the construction lender and, in some instances, the owner for a portion of the undisbursed construction-loan proceeds. See mechanic’s lien under lien. [Cases: Mechanics’ Liens 0-113, 115.) stop order. 1. See order (8). 2. An SEC order that suspends a registration statement containing false, incomplete, or misleading information. [Cases: Securities Regulation C~-25.16.[ 3. A bank customer’s order instructing the bank not to honor one of the customer’s checks. — Also termed (in sense 3) stop-payment order. [Cases: Banks and Banking C^-139.] stoppage, n. (15c) 1. An obstruction or hindrance to the performance of some act . stoppage in transitu (in tran-si-t[y)oo or tranz-i-t[y]oo). (18c) The right of a seller of goods to regain possession of those goods from a common carrier under certain circumstances, even though the seller has already parted with them under a contract for sale. • This right traditionally applies when goods are consigned wholly or partly on credit from one person to another, and the consignee becomes bankrupt or insolvent before the goods arrive — in which event the consignor may direct the carrier to deliver the goods to someone other than the consignee (who can no longer pay for them). — Also termed stoppage in transit. See reclamation (2). [Cases: Sales O 289-299.) stop-payment order. See stop order (3). store, n. (13c) 1. A place where goods are deposited for purchase or sale. 2. (usu. pi.) A supply of articles provided for the subsistence and accommodation of a ship’s crew and passengers. 3. A place where goods or supplies are stored for future use; a warehouse. public store. A government warehouse administratively maintained, as for the storage of imported goods or military supplies. store, vb. (13c) To keep (goods, etc.) in safekeeping for future delivery in an unchanged condition. stored-value card. A device that provides access to a specified amount of funds for making payments to others, is the only means of routine access to the funds, and does not have an associated account in the name of the holder. • Typically, a consumer pays a bank or merchant money in exchange for a stored-value card; the consumer uses the card rather than paper currency to purchase goods and services. — Also termed smart card-, prepaid card; value-added card. store-receiver exemption. See aiken exemption. stouthrief. Scots law. Robbery that takes place in or near one’s dwelling, but is not coupled with housebreaking- stowage (stoh-ij). Maritime law. 1. The storing, packing, or arranging of cargo on a vessel to protect the goods from friction, bruising, or water damage during a voyage. • The bill of lading will often prescribe the method of stowage to be used. [Cases: Shipping 55 110.] 2. The place (such as a ship’s hull) where goods are stored. [Cases: Shipping 'fA 110, 123.] 3. The goods so stored. 4. A fee paid for the storage of goods; a storage fee. stowaway. A person who hides on board an outgoing or incoming vessel or aircraft to obtain free passage. 18 USCA § 2199. [Cases: Aliens, Immigration, and Citizenship 'fA 255, 265; Aviation 0^17.] STR. abbr. suspicious-transaction report. straddle, n. In securities and commodities trading, a sit- uation in which an investor holds contracts to buy and to sell the same security or commodity, thus ensuring a loss on one of the contracts. • The aim of this strategy is to defer gains and use losses to offset other taxable income. — Also termed spread eagle; combination. — straddle, vb. straight annuity. See annuity. straight bankruptcy. See chapter 7 (2). straight bill of lading. See bill of lading. straight deductible. See deductible. straight letter of credit. See letter of credit. straight life annuity. See nonrefund annuity under ANNUITY. straight life insurance. See whole life insurance under life insurance. straight-line depreciation method. See depreciation method. straight-line interest. See simple interest under interest (3)- straight mortgage. See mortgage. straight sentence. See determinate sentence under SENTENCE. straight-term mortgage. See interest-only mortgage under mortgage. straight up. See s.u. straight voting. See noncumulative voting under voting. strain theory. (18c) The theory that people commit crimes to alleviate stress created by the disjunction between their station in life and the station to which society has conditioned them to aspire. Cf. control theory; rational-choice theory; routine-activities THEORY. stramineus homo (strs-min-ee-ss hoh-moh). [Latin "man of straw”] See straw man. strand, n. (bef. 12c) A shore or bank of an ocean, lake, river, or stream. stranding, n. Maritime law. A ship’s drifting, driving, or running aground on a strand. • The type of stranding that occurs determines the method of apportioning the liability for any resulting losses. [Cases: Salvage 09, 30.] accidental stranding. Stranding caused by natural forces, such as wind and waves. — Also termed involuntary stranding. See general average and particular average under average. “Damage to a vessel from involuntary stranding or wreck, and the cost of repairs, are particular average only. Where, however, the ship and cargo are exposed to a common peril by the accidental stranding, the expenses of unloading and taking care of the cargo, rescuing the vessel, reloading the cargo, and other expenses other than repairs requisite to enable the vessel to proceed on the voyage, are brought into general average, provided the vessel and cargo were saved by the same series of measures during the continuance of the common peril which created the joint necessity for the expenses.” 70 Am. Jur. 2d Shipping § 961, at 1069 (1987). voluntary stranding. Stranding to avoid a more dangerous fate or for fraudulent purposes. “The loss occurring when a ship is voluntarily run ashore to avoid capture, foundering, or shipwreck is to be made good by general average contribution, if the ship is afterwards recovered so as to be able to perform its voyage, as such a claim is clearly within the rule that whatever is sacrificed for the common benefit of the associated interests shall be made good by all the interests exposed to the common peril which were saved from the common danger by the sacrifice .... A vessel cannot, however, claim contribution founded on even a voluntary stranding made necessary by ... unseaworthiness or the negligence of those in charge, except in pursuance of a valid agreement to that effect." 70 Am. Jur. 2d Shipping § 961, at 1069 (1987). stranger. (14c) 1. One who is not party to a given transaction; esp., someone other than a party or the party’s employee, agent, tenant, or immediate family member. [Cases: Contracts C 185.] 2. One not standing toward another in some relation implied in the context; esp., one who is not in privity. 3. A person who voluntarily pays another person’s debt even though the payor cannot be held liable for the debt and the payor’s property is not affected by the creditor’s rights. • Subrogation does not apply to a stranger if the debtor did not agree to or assign subrogation rights. stranger in blood. (17c) 1. One not related by blood, such as a relative by affinity. 2. Any person not within the consideration of natural love and affection arising from a relationship. stratagem. (15c) A trick or deception to obtain an advantage, esp. in a military conflict. strategic alliance. (1983) A coalition formed by two or more persons in the same or complementary businesses to gain long-term financial, operational, or marketing advantages without jeopardizing competitive independence cthrough their strategic alliance, the manufacturer and distributor of a co-developed product shared development costs>. Cf. alliance (i); joint venture; PARTNERSHIP. Strategic National Stockpile. A national repository of medicines and healthcare supplies maintained jointly by the U.S. Department of Homeland Security and the U.S. Department of Health and Human Services to respond to public-health emergencies. • Created as the National Pharmaceutical Stockpile in 1999, the agency caches antibiotics, chemical antidotes, ant itoxins, life-support medications, IV administration, airway maintenance supplies, and medical supplies. — Abbr. SNS. stratocracy (stra-tok-rs-see). A military government, strator (stray-tar). Hist. A surveyor of the highways, straw bail. See bail common under bail (4). straw bond. See bond (2), straw man. (1896) 1. A fictitious person, esp. one that is weak or flawed. 2. A tenuous and exaggerated counterargument that an advocate makes for the sole purpose of disproving it. — Also termed straw-man argument. 3. A third party used in some transactions as a temporary transferee to allow the principal parties to accomplish something that is otherwise impermissible. 4. A person hired to post a worthless bail bond for the release of an accused. — Also termed stramineus homo. Cf. DUMMY. straw-inan scam. Criminal law. A scheme in which an innocent third person is hired to receive fraudulently obtained money and wire it to a location outside the country. straw poll. A nonbinding vote, taken as a way of informally gauging support or opposition but usu. without a formal motion or debate. stray remarks. Employment law. Statements to or about an employee by a coworker or supervisor, concerning the employee’s race, sex, age, national origin, or other status, that are either objectively or subjectively offensive, but that do not represent harassment or discrimination by the employer because of (1) their sporadic, unsystematic, and unofficial nature, (2) the circumstances in which they were made, or (3) their not showing any intention to hamper the employee’s continued employment. — Also termed stray comments. [Cases; Civil Rights 0-1147,1543.] stream. Anything liquid that flows in a line or course; esp., a current of water consisting of a bed, bank, and watercourse, usu. emptying into other bodies of water but not losing its character even if it breaks up or disappears. [Cases: Waters and Water Courses 0=38.] private stream. A watercourse, the bed, channel, or waters of which are exclusively owned by private parties. stream-of-coinmerce theory. (1942) 1. The principle that a state may exercise personal jurisdiction over a defendant if the defendant places a product in the general marketplace and the product causes injury or damage in the forum state, as long as the defendant also lakes other acts to establish some connection with the forum state, as by advertising there or by hiring someone to serve as a sales agent there, Asahi Metal Indus. Co., Ltd. v. Superior Court of Cal., 480 U.S. 102, 107 S.Ct. 1026 (1987). [Cases: Corporations C=>665(1); Courts CO 12(2.25); Federal Courts 1.- 76, 81.] 2. The principle that a person who participates in placing a defective product in the general marketplace is strictly liable for harm caused by the product. Restatement (Second) of Torts § 402A (1979). [Cases: Products Liability CO 164.] street. A road or public thoroughfare used for travel in an urban area, including the pavement, shoulders, gutters, curbs, and other areas within the street lines. [Cases: Municipal Corporations CO-658.] ‘Strictly speaking, a 'street’ is a public thoroughfare in an urban community such as a city, town, or village, and the term is not ordinarily applicable to roads and highways outside of municipalities. Although a street, in common parlance, is equivalent to a highway, it is usually specifically denominated by its own proper appellation.... Whether a particular highway is to be regarded as a ‘street’ within the meaning of that term as used in a statute must, of course, be resolved by construction." 39 Am. Jur. 2d Highways, Streets, and Bridges § 8, at 588-89 (1999). paper street. A thoroughfare that appears on plats, subdivision maps, and other publicly filed documents, but that has not been completed or opened for public use. [Cases: Municipal Corporations .-646, street crime. See crime. street gang. See gang. street name. A brokerage firm’s name in which securities owned by another are registered. • A security is held by a broker in street name (at the customer’s request) to simplify trading because no signature on the stock certificate is required. A street name may also be used for securities purchased on margin. The word “street” in this term is a reference to Wall Street. street-name security. See nominee account under ACCOUNT. street sweep. Mergers & acquisitions. Slang. A bidder’s cancellation of a tender offer followed by the open-market purchase of large blocks of stock in the target corporation. street time. Criminal law. The period between a person’s release from prison on parole and a court’s revocation of that parole. strepitus judicialis (strep-a-tas joo-dish-ee-ay-lis), n. [Law Latin] Hist. Disruptive behavior in court. strict, adj, (15c) 1. Narrow; restricted . 2. Rigid; exacting . 3. Severe . 4. Absolute; requiring no showing of fault . strict construction. See construction. strict constructionism. See constructionism. strict constructionist. See constructionist. strict foreclosure. See foreclosure. stricti juris (strik-ti joor-is). [Latin] 1. Of strict right of law; according to the exact law, without extension or enhancement in interpretation. • This term was often applied to servitudes because they are a restriction on the free exercise of property rights. 2. Homan law. (Of a contract) required to be interpreted strictly on its terms, regardless of circumstances. See bona fides (2). strict interpretation. See interpretation. strictissimi juris (strik-tis-a-mi joor-is). [Latin] Of the strictest right or law; to be interpreted in the strictest manner. • 'This term was usu. applied to certain statutes, esp, those imposing penalties or restraining natural liberties. strict liability. See liability. strict-liability crime. See crime. strict-liability offense. See offense (1). strictojure (strik-toh joor-ee). [Latin] In strict law. strict products liability. See products liability. strict rule. See specific-purpose rule. strict scrutiny. (1941) Constitutional law. The standard applied to suspect classifications (such as race) in equal-protection analysis and to fundamental rights (such as voting rights) in due-process analysis. • Under strict scrutiny, the state must establish that it has a compelling interest that justifies and necessitates the law in question. See compelling-state-interest test; suspect classification; fundamental right. Cf. intermediate scrutiny; rational-basis test. [Cases; Constitutional I.awC3f)62, 3901.] strict settlement. See settlement (1). strict test. Evidence. The principle that disclosure of a privileged document, even when inadvertent, results in a waiver of the attorney-client privilege regarding the document, unless all possible precautions were taken to protect the document from disclosure. Cf. lenient test; hydraflow test. [Cases: Privileged Communications and Confidentiality V"''’ 168.] strictumjus (strik-tam jss). See jus strictum. strict underwriting. See standby underwriting under UNDERWRITING. strike, n. (1810) 1. An organized cessation or slowdown of work by employees to compel the employer to meet the employees’ demands; a concerted refusal by employees to work for their employer, or to work at their customary rate of speed, until the employer grants the concessions that they seek. — Also termed walkout. Cf. lockout; boycott; picketing. [Cases: Labor and Employment 0- 1384,] ca’canny strike. See slowdown strike. economic strike. A strike resulting from an economic dispute with the employer (such as a wage dispute); a dispute for reasons other than unfair labor practices. • An employer can permanently replace an economic striker but cannot prevent the worker from coming back to an unreplaced position simply because the worker was on strike. general strike. A strike organized to affect an entire industry. illegal strike. 1. A strike using unlawful procedures, 2. A strike to obtain unlawful objectives, as in a strike to force an employer to stop doing business with a particular company. jurisdictional strike. A strike resulting from a dispute between members of different unions over work assignments. organizational strike. See recognition strike. outlaw strike. See wildcat strike. quickie strike. See wildcat strike. recognition strike. A strike by workers seeking to force their employer to acknowledge the union as their collective-bargaining agent. • After the National Labor Relations Act was passed in 1935, recognition strikes became unnecessary. Under the Act, the employer is required to recognize an NLRB-certified union for bargaining purposes. — Also termed organizational strike. secondary strike. A strike against an employer because that employer has business dealings with another employer directly involved in a dispute with the union. See secondary boycott under boycott; secondarypicketing under picketing. sit-down strike. A strike in which employees occupy the workplace but do no t work. See sit-in. slowdown strike, A strike in which the workers remain on the job but work at a slower pace to reduce their output. — Also termed ca'canny strike. sympathy strike. A strike by union members who have no grievance against their own employer but who want to show support for another union involved in a labor dispute, [Cases: Labor and Employment C-1385.] whipsaw strike. A strike against some but not all members of a multiemployer association, called for the purpose of pressuring all the employees to negotiate a labor contract. • Employers whose workers are not on strike have the right to lock out employees to exert counterpressure on the union. [Cases: Labor and Employment 1385. wildcat strike. A strike not authorized by a union or by a col lective-bargaining agreement. — Also termed outlaw strike; quickie strike. 2. The removal of a prospective juror from the jury panel . 2. To remove (a prospective juror) from a jury panel by a peremptory challenge or a challenge for cause 55(2).[ STRIP (strip), abbr. separate trading of registered INTEREST AND PRINCIPAL OF SECURITIES. stripped mortgage-backed security. See security. stripper well. See well, strip search. See search. strong-arm clause. See clause. strongly corroborated. (18c) (Of testimony) supported from independent facts and circumstances that are powerful, satisfactory, and clear to the court and jury, strong mark. See strong trademark under trade- mark, strong market. See bull market under market. strong trademark. See trademark. struck jury. See jury. struck off. 1. Removed from an active docket, usu. because ofa want ofprosecution or jurisdiction. [Cases: Trial C??14.2. BrF.. Removed from the register of qualified persons and, in the case of a professional, forbidden to practice. [Cases: Attorney and Client '38, 39.] structural alteration. See alteration (1). structural takeover defense. See takeover defense. structural unemployment. See unemployment. structure. (15c) 1. Any construction, production, or piece of work artificially built up or composed of parts purposefully joined together . — Also termed title. Cf. caption (1). 2. Scots law. A form of writ or deed used in conveyancing. • A book of styles is essentially a formbook; a typical Scottish example is John Hendry’s Styles of Deeds and Instruments (2d ed. 1862). stylized drawing. See special-form drawing under DRAWING. s.u. abbr. Straight up. • When a prosecutor writes this on a defendant’s file, it usu. means that the prosecutor plans to try the case — that is, not enter into a plea bargain. suable, adj. (17c) 1. Capable of being sued . [Cases: Action -J 14; Parties . sub (sab). [Latin] Under; upon. sub. See subsidiary corporation under corporation. subagent. See agent (2). subaltern (sab-awl-tarn), n. An inferior or subordinate officer. subassignee. See assignee. sub ballivus (sab ba-li-vas), n. [Law Latin] Hist. An undersheriff; a sheriff’s deputy. See bailiwick. subchapter-C corporation. See C corporation under corporation. subchapter-S corporation. See S corporation under corporation. sub colore juris (sab ka lor-ee joor-is). [Latin] Under color of right; under an appearance of right. sub colore officii (sab ka-lor-ee a-fish-ee-i). [Law Latin] Hist. Under color of office. subcombination claim. See patent claim. subcommittee. See committee. sub conditione (sab kan-dish-ee-oh-nee). [Law Latin] Under condition. • This term creates a condition in a deed. subcontract. See contract. subcontractor. (1834) One who is awarded a portion of an existing contract by a contractor, esp. a general contractor. • For example, a contractor who builds houses typically retains subcontractors to perform specialty work such as installing plumbing, laying carpet, making cabinetry, and landscaping — each subcontractor is paid a somewhat lesser sum than the contractor receives for the work. [Cases: Contracts fc^-177, 198.] subcura mariti (sab kyoor-a ma-ri-ti). [LawLatin] Hist. Under the care of one’s husband. sub cura uxoris (sab kyoor-a ak-sor-is). [Law Latin] Hist, Under the care of one’s wife. sub curia (sab kyoor-ee-a). [Latin] Under law. sub disjunctione (sab dis-jangk-shee-oh-nee). [Latin] In the alternative. subditus (sab-da-tas). [Latin] Hist. Someone under another’s power; a vassal. subdivision, n. (15c) 1. The division of a thing into smaller parts. 2. A parcel of land in a larger development. — subdivide, vb. illegal subdivision. The division of a tract of land into smaller parcels in violation of local subdivision regulations, as when a developer begins laying out streets, installing sewer and utility lines, and constructing houses without the local planning commission’s authorization. [Cases: Zoning and Planning O> 372.1.] legal subdivision. The governmentally approved division of a tract of land into smaller parcels using ordinary and legally recognized methods for surveying and platting land and publicly recording the results. [Cases: Zoning and Planning <0245, 381.5.] subdivision exaction. A charge that a community imposes on a subdivider as a condition for permitting recordation of the subdivision map and sale of the subdivided parcels. [Cases: Zoning and Planning 0382.4.] subdivision map. (1887) A map that shows how a parcel of land is to be divided into smaller lots, and generally showing the layout and utilities. [Cases: Zoning and Planning 029.5,245.] sub domino (sab dom-a-noh). [Law Latin] Hist. Under a lord. subfeudum (sab-fyoo-dam). [Law Latin] Hist, A subfee. subinfeudate (sab-in-fyoo-dayt), vb. Hist. (Of a subvassal) to grant land to another, who then holds the land as the grantor’s vassal rather than as the vassal of the grantor’s superior. — Also termed subinfeud (ssb-in-fyood). “[A] more common method of obtaining the annual quota of knights was to subinfeudate portions of the baronial lands to Individual knights in exchange for their obligations to spend a fixed portion of time annually in the king's or baron’s service. A knight who so received a portion of a baron's land would hold of his baron in much the same way as the baron held ofthe king.”Thomas F. Bergin & Paul C. Haskell, Preface to Estates in Land and Future Interests 4 (2d ed. 1984). subinfeudation (sab-in-fyoo-day-shan), n. Hist. The system under which the tenants in a feudal system granted smaller estates to their tenants, who in turn did the same from their pieces of land. • As this system proceeded down the social scale, the lords were deprived of their feudal profits, as a result of which the system was suppressed by the statute Quia Emptores in 1290. Instead of subinfeudation, alienation in the modern sense was introduced. Cf. infeudation; superinfeu-DATION. "The first step taken in mitigation of the rigors of the law of feuds, and in favor of voluntary alienations, was the countenance given to the practice of subinfeudations. They were calculated to elude the restraint upon alienation, and consisted in carving out portions of the fief to be held of the vassal by the same tenure with which he held of the chief lord of the fee. The alienation prohibited by the feudal law, all over Europe, was the substitution of a new feudatory in the place of the old one; but subinfeudation was a feoffment by the tenant to hold of himself. The purchaser became his vassal, and the vendor still continued liable to the chief lord for all the feudal obligations. Subinfeudations were encouraged by the subordinate feudatories, because they contributed to their own power and independence; but they were found to be injurious to the fruits of tenure, such as reliefs, marriages and wardships, belonging to the paramount lords.” 4 James Kent, Commentaries on American tow *443-44 (George Comstock ed., 11th ed. 1866). subinfeudatory (sab-in-fyoo-da-tor-ee), n. A tenant holding lands by subinfeudation. subjacent (sab jay-sant), adj. (16c) Located underneath or below , subject, n. (14c) 1. One who owes allegiance to a sovereign and is governed by that sovereign’s laws . “Speaking generally, we may say that the terms subject and citizen are synonymous. Subjects and citizens are alike those whose relation to the state is personal and not merely territorial, permanent and not merely temporary. This equivalent, however, is not absolute. For in the first place, the term subject is commonly limited to monarchical forms of government, while the term citizen is more specially applicable in the case of republics. A British subject becomes by naturalisation a citizen of the United States of America or of France. In the second place, the term citizen brings into prominence the rights and privileges of the status, rather than its correlative obligations, while the reverse is the case with the term subject. Finally it is to be noticed that the term subject is capable of a different and wider application, in which it includes all members of the body politic, whether they are citizens (i.e., subjects stricto sensu) or resident aliens. AH such persons are subjects, all being subject to the power of the state and to its jurisdiction, and as owing to it, at least temporarily, fidelity and obedience.”John Salmond, Jurisprudence 133 (Glanville L. Williams ed., 10th ed. 1947). liege subject. See natural-born subject, natural-born subject. A person born within the dominion of a monarchy, esp, England. — Also termed liege subject. Cf. national. 2. The matter of concern over which something is created . subjection. (14c) 1. The act of subjecting someone to something . 2. The condition of a subject in a monarchy; the obligations surrounding such a person . — Also termed (in sense 3) liability; susceptibility. subjective, adj. (18c) I. Based on an individual’s perceptions, feelings, or intentions, as opposed to externally verifiable phenomena . Cf. objective. subjective ethics. See moral relativism. subjective impossibility. See impossibility. subjective meaning. See meaning. subjective method. See sherman-sorrells doctrine. subjective novation. See novation. subjective standard. See standard, subjective theory of contract. (1928) The doctrine (now largely outmoded) that a contract is an agreement in which the parties have a subjective meeting of the minds, — Often shortened to subjective theory. See meeting of the minds. Cf. objective theory of contract, [Cases; Contracts C^lS.j subject matter. (16c) 1. The issue presented for consideration; the thing in which a right or duty has been asserted; the thing in dispute. 2. patentable subject matter. — Sometimes written (as a noun) subject-matter. See subject (2); corpus (1). — subject-matter, adj. subject-matter jurisdiction. See jurisdiction, subject-matter-neutral. See neutral. subject-matter test. (1974) A method of determining whether an employee’s communication with a corporation’s lawyer was made at the direction of the employee’s supervisors and in the course and scope of the employee’s employment, so as to be protected under the attorney-client privilege, despite the fact that the employee is not a member of the corporation’s control group. Harper & Row Pubs., Inc. v. Decker, 423 F.2d 487 (7th Cir. 1970), aff’dper curiam by equally divided Court, 400 U.S. 348, 91 S.Ct. 479 (1971). — Also termed Decker test. Cf. control-group test. [Cases: Privileged Communications and Confidentiality C 123.] subject-matter waiver. See waiver (i). subject of an action. The right or property at issue in a lawsuit; the basis of a legal claim. Cf. object of an action under object (2). [Cases: Action O>1.] subject of a right. (1876) 1. The owner of a right; the person in whom a legal right is vested. 2. object of a RIGHT. subject to liability, adj. (Of a person) susceptible to a lawsuit that would result in an adverse judgment; specif., having engaged in conduct that would make the actor liable for another’s injury because the actor’s conduct is the legal cause of the injury, the injured party having no disability for bringing the lawsuit. [Cases: Action 14.] subject to open. (1906) Denoting the future interest of a class of people when this class is subject to a possible increase or decrease in number. sub judice (sab joo-di-see also suub yoo-di-kay), adv. [Latin “under a judge”] (17c) Before the court or judge for determination; at bar . • Legal writers sometimes use “case sub judice” where “the present case” would be more comprehensible. subjugation. See debellatio. sublease, n. A lease by a lessee to a third party, conveying some or all of the leased property for a term shorter than or equal to that of the lessee, who retains a reversion in the lease. — Also termed subtenancy, derivative lease-, and (esp. in England) underlease. [Cases: Landlord and Tenant A 80.] — sublease, sublet, vb. sublessee. (1882) A third party who receives by lease some or all of the leased property from a lessee. — Also termed subtenant and (esp. in England) undertenant. [Cases: Landlord and Tenant 'O; 80.] sublessor. (1884) A lessee who leases some or all of the leased property to a third party. — Also termed (esp. in England) underlessor. [Cases: Landlord and Tenant 080.] sublicense. (1880) A license or contract granting to a third party a portion or all of the rights granted to the licensee under an original license. submarine patent. See patent (3). submission, n. (14c) 1. A yielding, or readiness to yield, to the authority or will of another 1.] submission to a finding. The admission to facts sufficient to warrant a finding of guilt. — Also termed admission to sufficient facts. submission to the jury. (1818) The process by which a judge gives a case to the jury for its consideration and verdict, usu. after all evidence has been presented, arguments have been completed, and jury instructions have been given. submit, vb. To end the presentation of further evidence in (a case) and tender a legal position for decision . sub tnodo (sab moh-doh). [Latin] Subject to a modification or qualification . submortgage. See mortgage. sub nomine (sab nom-a-nee). [Latin] (1861) Under the name of. • This phrase, typically in abbreviated form, is often used in a case citation to indicate that there has been a name change from one stage of the case to another, as in Guernsey Memorial Hosp. v. Secretary of Health and Human Servs., 996 F.2d 830 (6th Cir. 1993), rev’d sub nom. Shalala v. Guernsey Memorial Hosp., 514 U.S. 87,115 S.Ct. 1232 (1995). — Abbr. sub nom. subnotation, rescript (3). subordinate (sa-bor-da-nit), adj. (15c) 1. Placed in or belonging to a lower rank, class, or position . 2. Subject to another’s authority or control . subordinate (sa-bor-da-nayt), vb. (17c) To place in a lower rank, class, or position; to assign a lower priority to Subordinate the debt to a different class of claims>. subordinated bond. See junior bond under bond (3). subordinate debenture. See debenture. subordinate debt. See debt. subordinate legislation. See legislation. subordinate officer. See officer (i). subordinate political power. See political power. subordination, n. 1. The act or an instance of moving something (such as a right or claim) to a lower rank, class, or position subordination of a first lien to a second lien>. [Cases: Secured Transactions .1 117.] 2. Parliamentary law. The status and relation of a lower-ranking governing document to a higher-ranking one. • A higher-ranking document supersedes and controls a subordinate document if there is any inconsistency between them. See governing document under document. — subordinate, adj. subordination clause. 1. In a legal instrument, a clause that explicitly acknowledges the one party’s claim of interest is inferior to that of another party. 2. A covenant in a junior mortgage enabling the first lien to keep its priority in case of renewal or refinancing. [Cases: Mortgages C~ 159.] 3. In a legal instrument, a clause that explicitly subjects its provisions to those in a higher-ranking document. subordination agreement. See agreement. suborn (sa-born), vb. [Latin subonare, from sub “secretly + ornare “to furnish; equip”] (16c) 1. To induce (a person) to commit an unlawful or wrongful act, esp. in a secret or underhanded manner. 2. To induce (a person) to commit perjury. 3. To obtain (perjured testimony) from another. — subornation (sab-or-nay-shan), n. — suborner (sa-bor-nar), n. subornation of perjury. (16c) The crime of persuading another to commit perjury. — Sometimes shortened to subornation. [Cases; Perjury 0^13.] subparagraph form. A style of legal drafting that uses indented subparagraphs for enumerated items; esp., a style of drafting patent claims in this form so as to distinguish clearly between each of the claimed elements. — Also termed tabular form. Cf. colon-semicolon form; outline form; single-paragraph FORM. subpartnership. See partnership. sub pede sigilli (sab pee-dee si-jil-i). [Latin] Under the fool of the seal. subpena. See subpoena. subpermittee. See permittee. subpoena (sa-pee-na), n. [Latin “under penalty”] (15c) A writ or order commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply. — Also spelled subpena. [Cases: Witnesses O~-7.] Pl. subpoenas. accommodation subpoena. See friendly subpoena, administrative subpoena. A subpoena issued by an administrative agency to compel an individual to provide information to the agency. • The subpoena may take the form of a subpoena ad testificandum or a subpoena duces tecum. [Cases: Administrative Law and Procedure C—357, 358.] alias subpoena (ay-lee-as sa-pee-na). (18c) A second subpoena issued after an initial subpoena has failed. deposition subpoena. 1. A subpoena issued to summon a person to make a sworn statement in a time and place other than a trial. [Cases: Federal Civil Procedure .1 1 AS3; Pretrial Procedure . [Cases: Witnesses C^>7,[ 2. To order the production of (documents or other things) by subpoena duces tecum 3509, 3513,] "Subrogation is equitable assignment. The right comes into existence when the surety becomes obligated, and this is important as affecting priorities; but such right of subrogation does not become a cause of action until the debt is fully paid. Subrogation entitles the surety to use any remedy against the principal which the creditor could have used, and in general to enjoy the benefit of any advantage that the creditor had, such as a mortgage, lien, power to confess judgment, to follow trust funds, to proceed against a third person who has promised either the principal or the creditor to pay the debt,” Laurence P. Simpson, Handbook on the Law of Suretyship 205 (1950). “Subrogation simply means substitution of one person for another; that is, one person is allowed to stand in the shoes of another and assert that person’s rights against the defendant. Factually, the case arises because, for some justifiable reason, the subrogation plaintiff has paid a debt owed by the defendant.” Dan B. Dobbs. Law of Remedies § 4.3, at 404 (2d ed, 1993). conventional subrogation. Subrogation that arises by contract or by an express act of the parties. [Cases: Subrogation O=-27.] legal subrogation. Subrogation that arises by operation of law' or by impli cation in equity to prevent fraud or injustice. • Legal subrogation usu. arises when (1) the paying party has a liability, claim, or fiduciary relationship with the debtor, (2) the party pays to fulfill a legal duty or because of public policy, (3) the paying party is a secondary debtor, (4) the paying party is a surety, or (5) the party pays to protect its own rights or property. — Also termed equitable subrogation. [Cases: Subrogation 0=1-25.] real subrogation. Civil law. The substitution of one thing for another. subrogation clause, 1. Insurance. A provision in a property- or liability-insurance policy whereby the insurer acquires certain rights upon paying a claim for a loss under the policy. • These rights include (1) taking legal action on behalf of the insured to recover the amount of the loss from the party who caused the loss, and (2) receiving a full or proportionate amount of the benefits (such as disability compensation) paid to the insured under a statutory plan. 2. Oil & gas. A provision in an oil-and-gas lease permitting the lessee to pay taxes, mortgages, or other encumbrances on the leased property and to recover those payments out of future proceeds under the lease. subrogative (sab-ra-gav-tiv), adj. Of or relating to subrogation . — Also termed subrogatory; subrogational. subrogee (sab-ra-gee). One who is substituted for another in having a right, duty, or claim; esp,, the person or entity that assumes the right to attempt to collect on another’s claim against a third party by paying the other’s claim-related debts or expenses. • An insurance company frequently becomes a subrogee after paying a policy claim, as a result of which it is then in a position to sue a tortfeasor who injured the insured or otherwise caused harm. subrogor (sab-rs-gor). One who allows another to be substituted for oneself as creditor, with a transfer of rights and duties; esp., one who transfers a legal right to collect a claim to another in return for payment of the transferor’s claim-related debts or expenses. sub rosa (sab roh-za), adj. [Latin “under the rose”] Hist. Confidential; secret; not for publication. sub salvo et securo conductu (sab sal-voh et si-kyoor-oh kan-dak-t[y]oo). [Law Latin] Hist. Under safe and secure conduct. • This phrase was used in writs of habeas corpus. subscribed capital. See capital. subscribed stock. See stock. subscribing witness. See witness. subscriptio (sab-skrip-shee-oh), n. [Latin] Roman law. 1. A signature, esp. a name written under or at the bottom of a document to authenticate it; an imperial rescript. 2. A signature to a will, required in certain cases in addition to the seals of witnesses. Pl. subscriptiones (sab-skrip-shee-oh-neez). subscription, n. (15c) 1. The act of signing one’s name on a document; the signature so affixed. 2. Securities. A written contract to purchase newly issued shares of stock or bonds. — Also termed (in connection with stock) stock subscription. [Cases: Corporations O= 75.1.] 3, An oral or a written agreement to contribute a sum of money or property, gratuitously or with consideration, to a specific person or for a specific purpose. — Also termed subscription contract. 4. rescript (3). [Cases: Subscriptions C=lJ — subscribe, vb. — subscriber, n. subscription contract. See subscription (3). subscription list. An enumeration of subscribers to an agreement, periodical, or service, subscription price. The fixed price at which investors can buy shares in a new stock offering before the shares are offered to the public. [Cases: Corporations 0=75, 158.] subscription privilege. See preemptive right. subscription right. A certificate evidencing a share- holder’s right (known as a preemptive right) to purchase newly issued stock before the stock is offered to the public, • Subscription rights have a market value and are actively traded because they allow the holder to purchase stock at favorable prices. — Also termed stock right. See preemptive right, [Cases; Corporations 078,158.] subscription warrant. See warrant (4). subscriptor (sab-skrip-tor or -tar), n. [Latin] Roman law. 1. A person who made or signed a written accusation of crime against a particular person. 2. Hie witness to a will. Pl. subscriptores. subsellia (sab-sel-ee-a), n. [Latin fr. sub “under” + sella “seat”] Roman law. Lower seats in a court, usu. occupied by the parties or their witnesses, as distinguished from the seat of the tribunal. subsequent, adj. (15c) (Of an action, event, etc.) occurring later; coming after something else. subsequent-advance rule. Bankruptcy. Ihe principle that a preferential transfer by the debtor will not be avoided or rescinded by the debtor’s bankruptcy trustee if (1) the creditor extended new value to the debtor after receiving the preferential transfer, (2) the new value is unsecured, and (3) the new value remains unpaid after its transfer. 11 USCA § 547(c)(4). [Cases: Bankruptcy ■7 2613(41. subsequent creditor. See creditor, subsequente copula (sab-si-kwen-tee kop-ya-la). [Law Latin] Hist. Carnal intercourse having followed. subsequent negligence. See negligence. subsequent-negligence doctrine. See last-clear-chance DOCTRINE. subsequent remedial measure, (usw.p/.) (1956) Evidence. An action taken after an event, which, if taken before the event, would have reduced the likelihood of the event’s occurrence. • Evidence of subsequent remedial measures, such as repairs made after an accident or the installation of safety equipment, is not admissible to prove negligence, but it may be admitted to prove ownership, control, feasibility, or the like. Fed. R. Evid. 407, [Cases: Evidence [,; 219,10.| subservant. See subagent under agent (2). subsidence (sab-sid-an| t]s), n. Any downward movement of the soil from its natural position; esp., a sinking of soil. subsidiarie (sab-sid-ee-air-ee-ee), [Law Latin] Scots taw. Subsidiarily. subsidiary (sab-sid-ee-er-ee), adj. Subordinate; under another’s control. See subsidiary corporation under CORPORATION. subsidiary, n. See subsidiary corporation under corporation. subsidiary corporation. See corporation. subsidiary merger. See triangular merger under merger. subsidiary motion. See motion (2). subsidy (sab-sa-dee), n. (14c) 1. A grant, usu. made by the government, to any enterprise whose promotion is considered to be in the public interest. • Although governments sometimes make direct payments (such as cash grants), subsidies are usu. indirect. They may take the form of research-and-development support, tax breaks, provision of raw materials at below-mar-ket prices, 01 low-interest loans or low-interest export credits guaranteed by a government agency. — Also termed grant. [Cases; United States 0-82(1).] 2. A specific financial contribution by a foreign government or public entity conferring a benefit on exporters to the United States. • Such a subsidy is countervailable under 19 USCA §§ 1671,1677. [Cases: Customs Duties •7' 21.5(2).j countervailable subsidy (kown-tar-vayl-a-bal). A foreign government’s subsidy on the manufacture of goods exported to another country, giving rise to the importing country’s entitlement to impose a countervailing duty on the goods if their import caused or threatens to cause material injury to domestic industry. See countervailing duty under duty (4). [Cases: Customs Duties . 2. Any matter, esp. an addictive drug cillegal substance> . See substitution of parties; subrogation. 2. Civil law. A person named in a "will as heir to an estate after the estate has been held and then passed on by another specified person (called the institute). See institute (5). 3. Parliamentary law. A form of the motion to amend by replacing one or more words with others. See amendment by substituting under amendment (3). 4. Scots law. A deputy. — substitute, vb. substitute amendment. See amendment (3). substitute application. See patent application. substituted agreement. See novation. substituted basis. See basis. substituted complaint. See amended complaint under COMPLAINT. substituted contract. See contract. substituted executor. See executor. substituted-judgment doctrine. (1967) A principle that allows a surrogate decision-maker to attempt to establish, with as much accuracy as possible, what healthcare decision an incompetent patient would make if he or she were competent to do so. • The standard of proof is by clear and convincing evidence. Generally, the doctrine is used for a person who was once competent but no longer is. — Also termed doctrine of substituted judgment. Cf. spiritual-treatment exemption; medical neglect under neglect. [Cases: Health C=>910.] substitute drawing. See drawing. substituted service. See service (2). substitute gift. See gift, substitute information in lieu of indictment. See information. substitute obligation. See obligation. substitute specification. See specification (3). substitutio heredis (sab-sta-t[y]oo-shee-oh ha-ree-dis). [Latin] Roman law. 1, See substitution (3). 2. See substitution (4). substitution. (14c) 1. A designation of a person or thing to take the place of another person or thing. 2. The process by which one person or thing takes the place of another person or thing. [Cases; Federal Civil Procedure [ 351; Parties C-t-57.] 3. Parliamentary law. An amendment by replacing one or more words with others. See amendment by substituting under amendment (3). 4. Roman law. The nomination of a person to take the place of a previously named heir who has refused or failed to accept an inheritance. — Also termed common substitution; vulgar substitution. 5. Roman law. The nomination of a person to take the place of, or to succeed, a descendant who is under the age of puberty and in the potestas of the testator, if the descendant has died before reaching puberty, • This type of substitution was known as a pupillary substitution. If a descendant of any age failed to take by reason of lunacy, the substitution was known as an exemplary substitution or quasi-pupillary substitution. 6. Roman law. A testator’s designation of a person to whom the property was to be given by the person named as heir, or by the heir of that person. — Also termed fideicom-missary substitution. See fideicommissum. 7. Civil law. The designation of a person to succeed another as beneficiary of an estate, usu. involving a fideicommissum. — Also termed (in senses 6 & 7}fideicommissary substitution. [Cases: Wills C=>553.] prohibited substitution. Louisiana law. The designation of a person who is not a trustee to take full ownership of property and deliver it to another designated person at death. • The first donee is called the institute, the second the substitute. See institute (5); substitute (2). [Cases: Wills 0^553.] substitutional, adj. (14c) Capable of taking or supplying the position of another substitutional issue>. — Also termed substitutionary. substitutional gift. See substitute gift under gift. substitutional legacy. See legacy. substitutional remedy. See remedy. substitutionary. See substitutional. substitutionary evidence. See secondary evidence under evidence. substitutionary remedy. See remedy. substitution-of-judgment doctrine, 1, Administrative law. The standard for reviewing an agency’s decision, by which a court uses its own independent judgment in interpreting laws and administrative regulations — rather than deferring to the agency — when the agency’s interpretation is not instructive or the regulations do not involve matters requiring the agency’s expertise. [Cases: Administrative Law and Procedure CT7 760,784,796.] 2. Wills & estates. The principlethat a guardian, conservator, or committee of an incompetent person may make gifts out of that person’s estate, substitution of parties. The replacement of one litigant by another because of the first litigant’s death, incompetency, transfer of interest, or, when the litigant is a public official, separation from office. [Cases: Federal Civil Procedure CT:>352; Parties C -57.] substraction (sab-strak-shan), n. (1814) The secret misap- propriation of property, esp. from a decedent’s estate, subsume (sab-s[y]oom), vb. (1825) To judge as a particu- lar instance governed by a general principle; to bring (a case) under a broad rule. — subsumption (sab-samp-shan), n. subsuopericulo (sab s[y]oo-oh pa-rik-[y]a-loh). [Law I.atin] Hist. At his own risk. subsurety (sab-shuur[-a]-tee). (1916) A person whose undertaking is given as additional security, usu. conditioned not only on nonperformance by the principal but also on nonperformance by an earlier promisor as well; a surety with the lesser liability in a subsuretyship. [Cases: Principal and Surety 191.] subsuretyship (sab-shuur[-a]-tee-ship). (1967) The relation between two (or more) sureties, in which a principal surety bears the burden of the whole performance that is due from both sureties; a relationship in which one surety acts as a surety for another. [Cases: Principal and Surety 191 subsurface interest, 1. A landowner’s right to the minerals and water below the property. [Cases: Mines and Minerals 0-47; Waters and Water Courses 100, 101.] 2. A similar right held by another through grant by, or purchase from, a landowner. Cf. surface INTEREST; MINERAL INTEREST, subtenancy. See sublease. subtenant. See sublessee. subterfuge (sab-tar-fyooj). (16c) A clever plan or idea used to escape, avoid, or conceal something Subversion of the governments’, “Subversion can succeed where diplomacy has failed. Subversion exceeds the bounds of diplomacy in that it employs methods which diplomacy abhors; it does not wince at assassination, riot, pillage, and arson, if it believes these to be useful in the attainment of its ends. Subversion is a form of war. It may include the use of propaganda ... to sway the thinking and action of influential social groups, especially attempting to discredit the leadership of the target area, labeling it as the ‘tool’ of . . . any convenient target for emotional hatred. By inflaming passion, the purveyors of violent propaganda can stir up peaceful citizens so that in minutes they are transformed into a terrifying mob. The art of subversion has developed the technique of the manipulation of mobs to a high degree.” T. Wyckoff, War by Subversion, 59 South Atlantic Q. 36 (1960). “Prior to World War II, subversive activities were thought to cover cases where states attempted to achieve certain political ends of fomenting civil strife in another state or by supporting rebellion against the legally established government of another state by giving to the rebels supplies of personnel, training facilities, war materials, or munitions and by engaging in hostile propaganda against the victim state and its government. ... By the beginning of World War II, the concept of subversion had been expanded to include the attempt of one state to weaken or overthrow the government of another by means of infiltration of its governmental apparatus with conspirators who strongly opposed the domestic policy of their own government and willingly served as clandestine instruments in the conduct of an alien state's foreign policy. But with increased militancy of modern ideologies, . . . subversive activities are no longer seen in many quarters as advancing the foreign policy of a nation or nations, but rather are thought to advance universal human values, i.e., the specific ideological theory adhered to." Ann Van Wynen Thomas & A.J, Thomas Jr,, The Concept of Aggression in International Law 72-73 (1972). “Today, the term subversion designates all illegal activities, whether direct or indirect, overt or covert, conducted under the auspices of a state and designed to overthrow the established government or vitally disrupt the public order of another state. Subversion combines psychological, political, social, and economic actions, as well as active military or paramilitary operations, and it is generally a sustained, long-run, intermeshed, and coordinated process. Consequently, it is usually impossible to place acts of subversion into neat little categorical definitions. Subversion, being a technique of opportunity, is successful mainly in areas where social and political revolution is at least incipient." Ann Van Wynen Thomas & A.J. Thomas Jr., The Concept of Aggression in International Law 80-81 (1972). Subversive Activities Control Act of 1950. See MCCARRAN ACT. subversive activity. (1939) A pattern of acts designed to overthrow a government by force or other illegal means. subversive propaganda. See propaganda. success fee. See fee (i). successful party. See prevailing party under party (2). successio (sak-sesh-ee-oh), n. [Latin] Roman law, A suc- cession to something, as to an estate by will or by the laws of intestacy. successio in universumjus (sak-ses[h]-ee-oh in yoo-ni-var-sam jas). [Latin “succession to universal right”] Roman law. The succession on death to the entirety of a deceased person’s assets and liabilities. See hereditas jacens under hereditas, succession, n. (14c) 1. The act or right of legally or officially taking over a predecessor’s office, rank, or duties. 2, The acquisition of rights or property by inheritance under the laws of descent and distribution; descent (1). [Cases: Descent and Distribution C^ l-43.] — succeed, vb. hereditary succession. See intestate succession, intestate succession. (18c) 1, The method used to dis- tribute property owned by a person who dies without a valid will, 2, Succession by the common law of descent. — Also termed hereditary succession-, descent and distribution. See descent (1). Cf. testate succession. [Cases: Descent and Distribution C=>20-43.] irregular succession. (17c) Succession by special laws favoring certain persons or the state, rather than heirs (such as testamentary heirs) under the ordinary laws of descent. [Cases: Descent and Distribution C7- L] legal succession. (18c) The succession established by law, usu. in favor of the nearest relation of a deceased person. lucrative succession, Scots law. See praeceptio h aer-EDITATIS. natural succession. (18c) Succession between natural persons, as in descent on the death of an ancestor. [Cases: Descent and Distribution C77-'20-43.] testamentary succession. Civil law. Succession resulting from the designation of an heir in a testament executed in the legally required form. [Cases: Descent and Distribution C7744.] testate succession, (18c) The passing of rights or property by will. Cf. intestate succession. [Cases: Wills Ol.] universal succession. Succession to an entire estate of another at death. • This type of succession carries with it the predecessor’s liabilities as well as assets. Originally developed by Roman law and later continued by civil law, this concept has now been widely adopted as an option endorsed and authorized by the Uniform Probate Code. La. Civ. Code art. 3506(28). vacant succession. Civil law. 1. A succession that fails either because there are no known heirs or because the heirs have renounced the estate. 2. An estate that has suffered such a failure. See escheat. 3. The right by which one group, in replacing another group, acquires all the goods, movables, and other chattels of a corporation, [Cases: Corporations O - 445.1.] 4. The continuation of a corporation’s legal status despite changes in ownership or management. — Also termed artificial succession. [Cases: Corporations Ol.l.] perpetual succession. The continuous succession of a corporation — despite changes in shareholders and officers — for as long as the corporation legally exists. [Cases: Corporations <0.36., "As a general rule, the words ‘perpetual succession,' as used in charters, often in connection with a further provision limiting the period of corporate existence to a certain number of years, mean nothing more than that the corporation shall have continuous and uninterrupted succession so long as it shall continue to exist as a corporation, and are not intended to define its duration.” 18 Am, Jur. 2d Corporations § 69, at 883 (1985). successions), adj. (14c) Of or relating to acquiring rights or property by inheritance under the laws of descent and distribution. succession duty. See duty (4). succession tax. See inheritance tax (1) under tax. successio praedilecta (sak-ses[h]-ee-oh pree-di-lek-ta). [Law Latin] Hist. A preferred succession; a succession that the testator prefers. successive, adj. 1. Archaic. (Of an estate) hereditary, 2. (Of persons, things, appointments, etc.) following in order; consecutive. successive polygamy. See polygamy (2). successive tortfeasors. See tortfeasor. successive-writ doctrine. (1987) Criminal procedure. The principle that a second or supplemental petition for a writ of habeas corpus may not raise claims that were heard and decided on the merits in a previous petition. Cf. abuse-of-the-writ doctrine. [Cases: Habeas Corpus <0894.] successor. (14c) I. A person who succeeds to the office, rights, responsibilities, or place of another; one who replaces or follows a predecessor. 2. A corporation that, through amalgamation, consolidation, or other assumption of interests, is vested with the rights and duties of an earlier corporation. [Cases: Corporations 445.1, 589, 590.] particular successor. Civil law. One who succeeds to rights and obligations that pertain only to the property conveyed. singular successor. One who succeeds to a former owner’s rights in a single piece of property. statutory successor. One who succeeds to the assets of a corporation upon its dissolution; specif., the person to whom all corporate assets pass upon a corporation’s dissolution according to the statute of the state of incorporation applicable at the time of the dissolution. See Restatement (Second) of Conflict of Laws § 388 cmt. a (1971). [Cases: Corporations'.) 619.] universal successor. 1. One who succeeds to all the rights and powers of a former owner, as with an intestate estate or an estate in bankruptcy. 2. Louisiana law. An heir or legatee who succeeds in the entire estate of the deceased or a specified portion of it, rather than by particular title as legatee of a specific thing. • A universal successor succeeds in all of the decedent’s rights and charges, whereas the particular legatee succeeds only to the rights and charges pertaining to the bequeathed thing. La. Civ, Code art. 3506(28). successor agent. See agent (2). successor fiduciary. See fiduciary, successor guardian. See guardian. successor in interest. (1832) One who follows another in ownership or control of property. • A successor in interest retains the same rights as the original owner, with no change in substance. successor titulo lucrativo post contractum debitum (sak-ses-or [or-ar] tich-a-lohloo-krs-ti-vohpohstksn-trak-tam deb-i-tam). [Law Latin] Hist. A successor under a lucrative title after debt has been contracted. • Such a successor is liable to pay all debts contracted by the grantor. successor trustee. See trustee (1). sucesion legitima (soo-se-syon lay-hee-tee-mah). Spanish law. The process of regula r inheritance, the rules of which may not be altered by will. See Ortiz De Rodriguez v. Vivoni, 201 U.S. 371, 376-77,26 S.Ct. 475, 476 (1906). such, adj. (bef. 12c) 1. Of this or that kind . 2. That or those; having just been mentioned . sudden-and-accidental pollution exclusion. See pollution exclusion under exclusion (3). sudden-death jurisdiction. Wills dr estates. A jurisdiction in which a will once revoked cannot be revived, and instead must be reexecuted. See revival (2). sudden-emergency doctrine. See emergency doctrine (1). sudden heat. See heat of passion, sudden heat and passion. See heat of passion. sudden heat of passion. See heat of passion. sudden-onset rule. (1981) The principle that medical testimony is unnecessary to prove causation of the obvious symptoms of an injury that immediately follows a known traumatic incident. [Cases: Damages 0185(1).] sudden passion. See heat of passion. sudden-peril doctrine. See emergency doctrine (1). sudden-peril rule. See emergency doctrine (1). sue, vb. To institute a lawsuit against (another party), sue-and-labor clause. Marine insurance. A provision in property- and marine-insurance policies requiring the insured to protect damaged property against further loss. • The clause generally requires the insured to “sue and labor” to protect the insured party’s interests. — Also termed rescue clause. [Cases: Insurance Q~>2195, 2245(2).] “Some insurance today is written against 'all risks' .... Besides the perils clause . . . recovery under the policy can be had on the entirely separate ‘sue and labor' clause .... Under this clause, the underwriter may become liable for certain charges incurred by the assured in caring for the insured property, whether or not there is any actual loss or damage. Where sue-and-labor charges are incurred and loss also occurs, the underwriter may become liable for more than the policy amount, which limits only a claim for loss of or damage to the goods or vessel.” Grant Gilmore & Charles L. Black Jr., The Law of Admiralty § 2-10, at 75 (2d ed. 1975). sue facts. (1980) Facts that determine whether a party should bring a lawsuit; esp., facts determining whether a shareholder-derivative action should be instituted under state law. sue out, vb. (15c) 1. To apply to a court for the issuance of (a court order or writ). 2. To serve (a complaint) on a defendant. suerte (swer-ta). Spanish law. 1. Chance; destiny; fate. 2. A small plot of land. 3. Land within a municipality’s boundaries, reserved for cultivating or planting because of its proximity to water. • This term appears in the caselaw of states that were formerly Spanish or Mexican possessions. suffer, vb. (14c) 1. To experience or sustain physical or emotional pain, distress, or injury . [Cases: Damages 31, 57.1.J 2. To allow or permit (an act, etc.) 10.2.] 2. A standard for reviewing a criminal conviction on appeal, based on whether enough evidence exists to justify the fact-trier’s finding ot guilt beyond a reasonable doubt. — Also termed sufficiency-of-the-evidence test. [Cases: Criminal ' aw •'/ ' '] 159.2(7)'] sufficient, adj. Adequate; of such qual ity, number, force, or value as is necessary for a given purpose . 3. Archaic. Wills & estates, undue influence. — suggest (for senses 1 & 2), vb. suggestion of bankruptcy. (1869) A pleading by which a party notifies the court that the party has filed for bankruptcy and that, because of the automatic stay provided by the bankruptcy laws, the court cannot take further action in the case. [Cases; Bankruptcy <0^3418.] suggestion of death. (18c) A pleading filed by a party, or the party’s representatives, by which the court is notified that a party to a suit has died. [Cases: Federal Civil Procedure Cr:353-357, 361; Parties .' 61.] suggestion of error. (1811) An objection made by a party to a suit, indicating that the court has committed an error or that the party wants a rehearing of a particular issue. [Cases: Appeal and Error C=758, 829; Criminal Law 0-1133.] suggestion on the record. A formal written or oral statement informing the court of an important fact that may require a stay of proceedings or affect the court’s decision. • Suggestions on the record include suggestion of bankruptcy, suggestion of death, and suggestion of error, suggestive interrogation. See leading question. suggestive mark. See suggestive trademark under trade- mark. suggestive name. See suggestive trademark under TRADEMARK. suggestive question. See leading question. suggestive trademark. See trademark. sui. See sui heredes. suicide, n. (17c) 1. The act of taking one’s own life. — Also termed self-killing; self-destruction; self-slaughter; self-murder; felony-de-se; death by ones own hand. [Cases: Suicide y] assisted suicide. (1976) The intentional act of providing a person with the medical means or the medical knowledge to commit suicide. — Also termed assisted self-determination; (when a doctor provides the means) physician-assisted suicide. Cf. euthanasia. [Cases: Suicide C - 3.| attempted suicide. (1880) An unsuccessful suicidal act. [Cases: Suicide <02.] physician-assisted suicide. See assisted suicide, police-assisted suicide. See suicide-by-cop, suicide-by-cop. Slang. A form of suicide in which the suicidal person intentionally engages in life-threatening behavior to induce a police officer to shoot the person. • Frequently, the decedent attacks the officer or otherwise threatens the officer’s life, but occasionally a third person’s life is at risk. A suicide-by-cop is distinguished from other police shootings by three elements. The person must: (1) evince an intent to die; (2) consciously understand the finality of the act; and (3) confront a law enforcement official with behavior so extreme that it compels that officer to act with deadly force. — Also termed police-assisted suicide; victim-precipitated homicide. 2, A person who has taken his or her own life. — Also termed felo-de-se; felon-de-se; felon of oneself. — suicidal, adj, suicide clause. Insurance. A life-insurance-policy provision either excluding suicide as a covered risk or suicide letter of credit 1572 limiting the insurer’s liability in the event of a suicide to the total premiums paid. [Cases: Insurance . 2134.) suicide letter of credit. See clean letter of credit under LETTER OF CREDIT. sui generis (s[y]oo-i or soo-ee jen-a-ris). [Latin “of its own kind”] (18c) Of its own kind or class; unique or peculiar. • The term is used in intellectual-property law to describe a regime designed to protect rights that fall outside the traditional patent, trademark, copyright, and trade-secret doctrines. For example, a database may not be protected by copyright law if its content is not original, but it could be protected by a sui generis statute designed for that purpose. sui heredes (s[y]oo-i ha-ree-deez). [Latin “one’s own heirs”] Roman law. A person’s direct descendants who were unemancipated, and who would be heirs on intestacy .— Also spelled sui haeredes, — Often shortened to sui. See suus herbs. “If a man died without a will, his property went to his sui heredes (own heirs, direct heirs), that is, to the persons who were previously under his potestas, but were released from it by his death. If he had adopted as son a person not connected with him by birth, that person was included among the sui heredes, on the other hand, a son by birth whom he had emancipated was .. . excluded from the sui heredes . . , ."James Hadley, Introduction to Roman Law 134 (1881). sui juris (s[y]oo-i or soo-ee joor-is). [Latin “of one’s own right; independent”] (17c) 1. Of full age and capacity. 2. Possessing full social and civil rights. 3. Roman law. Of or relating to anyone of any age, male or female, not in the postestas of another, and therefore capable of owning property and enjoying private law rights. • As a status, it was not relevant to public law. suipotens (s[y)oo-i poh-tenz). [Latin] Hist. Able to do something, as in to enter a contract. suit. (14c) Any proceeding by a party or parties against another in a court of law; case (i). — Also termed lawsuit-, suit at law. See action (4). ancillary suit (an-sa-ler-ee). (1845) An action, either at law or in equity, that grows out of and is auxiliary to another suit and is filed to aid the primary suit, to enforce a prior judgment, or to impeach a prior decree. — Also termed ancillary bill', ancillary proceeding-, ancillary process. [Cases: Federal Courts O 20.1.] blackmail suit. (1892) A suit filed by a party having no genuine claim but hoping to extract a favorable settlement from a defendant who would rather avoid the expense and inconvenience of litigation. class suit. See class action. derivative suit. See derivative action (1). frivolous suit. (1837) A lawsuit having no legal basis, often filed to harass or extort money from the defendant. [Cases: Action C fl; Costs C—2; Federal Civil Procedure C^2767.] official-capacity suit. A lawsuit that is nominally against one or more individual state employees but that has as the real party in interest the state or a local government. Cf. personal-capacity suit. [Cases: Officers and Public Employees C=T19.) personal-capacity suit. An action to impose personal, individual liability on a government officer. Cf. official-capacity suit. petitory suit. See petitory action under action (4). plenary suit (plee-na-ree or plen-a-ree). (1817) An action that proceeds on formal pleadings under rules of procedure. Cf. summary proceeding under PROCEEDING. sham suit. See sham action under action (4). strike suit. (1902) A suit (esp. a derivative action), often based on no valid claim, brought either for nuisance value or as leverage to obtain a favorable or inflated settlement. [Cases: Corporations CC?214.[ suit at law. A suit conducted according to the common law or equity, as distinguished from statutory provisions. • Under the current rules of practice in federal and most state courts, the term civil action embraces an action both at law and in equity. Fed. R. Civ. P, 2. See action at law under action (4). suit in equity. A civil suit stating an equitable claim and asking for an exclusively equitable remedy. — Also termed action in equity. [Cases: Action 0^21.] suit of a civil nature. A civil action. See civil action under action (4). suitable, adj. (Of goods, etc.) fit and appropriate for their intended purpose. suitas (s[y]oo-a-tas), n. [Law Latin] The status of a proper heir. suit for exoneration. (1928) A suit in equity brought by a surety to compel the debtor to pay the creditor. • If the debtor has acted fraudulently and is insolvent, a suit for exoneration may include further remedies to ensure that the debtor’s assets are applied equitably to the debtor's outstanding obligations. — Also termed suit to compel payment. [Cases: Principal and Surety 0-5179.] suit money. (1846) Attorney’s fees and court costs allowed or awarded by a court; esp., in some jurisdictions, a husband’s payment to his wife to cover her reasonable attorney’s fees in a divorce action. [Cases: Divorce 055220.] suitor. (16c) 1. A party that brings a lawsuit; a plaintiff or petitioner. 2. An individual or company that seeks to take over another company. Suitors’ Deposit Account. English law. An account consisting of suitors’ fees paid in the Court of Chancery that, by the Chancery Act of 1872, were to be invested in government securities bearing interest at 2% per annum on behalf of the investing suitor, unless the suitor directed otherwise. Suitors’ Fee Fund. Hist. A fund consisting largely of fees generated by the Court of Chancery out of which the court officers’ salaries and expenses were paid. • In 1869 the fund was transferred to the Commissioners for the Reduction of the National Debt. suit papers. See court papers. suitpro laesionefidei (proh lee-zhee-oh-neefi-dee-i), n. [Latin “for injury to faith”] Hist. Eccles, law. A suit in ecclesiastical court for spiritual offenses against conscience, nonpayment of debts, or a breach of contract, esp. an oral contract made by oath. Suits in Admiralty Act. A 1920 federal law giving injured parties the right to sue the government in admiralty. 46 USCA app. §§ 741-52. [Cases: United States C= 78(7).] suit to compel payment. See suit for exoneration. sum. 1. A quantity of money. 2. English law. A legal summary or abstract; a compendium; a collection. • Several treatises are called sums. sum certain. (16c) 1. Any amount that is fixed, settled, or exact. 2. Commercial law. In a negotiable instrument, a sum that is agreed oil in the instrument or a sum that can be ascertained from the document. [Cases: Bills and Notes C- 157.] summa injuria (sam-a in-joor-ee-a). [Latin] The greatest injury or injustice. sumtna necessitate (sam-a ni-ses-a-tay-tee). [Latin] Hist. In extreme necessity. See necessity. summa potestas (sam-a pa-tes-tas), n. [Latin “sum or totality of power”] The final authority or power in government. summary, «d/.(15c) 1. Short; concise . 2. Without the usual formalities; esp., without a jury . 3. Immediate; done without delay . — summarily (sam-ar-a-lee or sa-mair-a-lee), adv. summary, n. (16c) 1. An abridgment or brief. 2. A short application to a court without the formality of a full proceeding. summary'adjudication. See partial summary judgment under summary judgment. summary conviction. See conviction. summary court-martial. See court-martial. summary disposition. See summary judgment. summary eviction. See eviction. summary judgment. (18c) A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. • The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law. This procedural, device allows the speedy disposition of a controversy withouL the need for trial. Fed. R. Civ. P. 56. — Also termed summary disposition; judgment on the pleadings. See judgment. [Cases: Federal Civil Procedure 0^2461-2559; Judgment C777' 178-190.] partial summary judgment. (1924) A summary judgment that is limited to certain issues in a case and that disposes of only a portion of the whole case. — Also termed summary adjudication. [Cases: Federal Civil Procedure .. 2557: Judgment C77777181(14).] summary-judgment motion. See motion for summary judgment. summary jurisdiction. See jurisdiction. summary jury trial. See trial. summary of argument. See summary of the ARGUMENT. Summary of Commentary on Current Economic Conditions by Federal Reserve District. See beige book. summary offense. 1. See offense (i). 2. See misdemeanor (i). summary of the argument. The part of a brief, esp. an appellate brief, in which the advocate condenses the argument to a precis or synopsis, directing the court to the heart of the argument on each point. • A summary typically runs from one to four pages. — Also termed summary of argument. [Cases: Appeal and Error 761; Criminal Law 0=1130(3); Federal Courts O= 714.] “A summary of the argument, suitably paragraphed. The summary should be a clear and concise condensation of the argument made in the body of the brief; mere repetition of the headings under which the argument is arranged is not sufficient.” Sup. Ct. R. 24.1(h). summary of the invention. Patents. In a U.S. patent application, the section that describes the nature, operation, and purpose of the invention in enough detail that the examiner and anyone searching the patent literature for prior art can understand the unique character of the invention. [Cases: Patents 0=99,] summary plan description. Under the Employee Retirement Security Act (ERISA), an outline of an employee benefit plan, containing such information as the identity of the plan administrator, the requirements for eligibility and participation in the plan, circumstances that may result in disqualification or denial of benefits, and the identity of any insurers responsible for financing or administering the plan. • A summary plan description must generally be furnished to all employee-benefit-plan participants and beneficiaries. 29 USCA § 1022. [Cases: Labor and Employment CO7 483] — Abbr. SPD. summary procedure. See show-cause proceeding. summary proceeding. See proceeding. summary process. See process. summary trial. See summary proceeding under pro- ceeding. summation. See closing argument. summer associate. See clerk (4). summer clerk. See clerk (4). summing up. 1. closing argument. 2. English law. A judge’s review of the key points of evidence presented in a case and instructions to the jury on the law it is to apply to the evidence. • The judge’s summing up follows the advocates’ closing speeches, — sum up, vb. summo jure (sam-oh joor-ee). [Latin] Hist. In the highest right. summon, vb. (13c) To command (a person) by service of a summons to appear in court. — Also termed summons. [Cases: Witnesses C^-7.] summoneas (sa-moh-nee-as), n. [Law Latin “you are to summon”] Hist. A writ ordering a party to appear in court. summoner. Hist. A petty officer charged with summoning parties to appear in court. See nuntius. “But process, as we are now to consider it, is the method taken by the law to compel a compliance with the original writ, of which the primary step is by giving the party notice to obey it. This notice is given ... by summons: which is a warning to appear in court . . . given to the defendant by two of the sheriff’s messengers called summoners, either in person or left at his house or land.” 3 William Blackstone, Commentaries on the Laws of England 279 (1768). summonitio (sam-a-nish-ee-oh), n. [Law Latin fr. Latin summonere “to summon”] Hist. A summons. summonitores scaccarii (sam-an-a-tor-eez ska kair-ee-i). [Law Latin] Hist. Exchequer officers who assisted in revenue collections by summoning defaulters to court. summons, n. (13c) 1. A writ or process commencing the plaintiff’s action and requiring the defendant to appear and answer. [Cases: Federal Civil Procedure C=>401; Process 0^7.] 2. A notice requiring a person to appear in court as a juror or witness. [Cases: Jury C^67(l); Witnesses 0^7.] 3. Hist. A writ directing a sheriff to summon a defendant to appear in court. 4. English law. The application to a common-law judge upon which an order is made. PL summonses. alias summons. A second summons issued after the original summons has failed for some reason. [Cases: Process C^’45.] John Doe summons. 1. A summons to a person whose name is unknown at the time of service. [Cases: Federal Civil Procedure ''101; Process C-28.] 2, Tax. A summons from the Internal Revenue Service to a third party to provide information on an unnamed, unknown taxpayer with potential tax liability. — Also termed third-party record-custodian summons. [Cases: Internal Revenue C— 4493-4517.] judgment summons. A process used by a judgment creditor to start an action against a judgment debtor to enforce the judgment. [Cases: Judgment Cr3>854.] short summons. A summons having a response time less than that of an ordinary summons, usu. served on a fraudulent or nonresident debtor. [Cases: Process 033.] third-party record-custodian summons. See John Doe summons. summons, vb. (17c) 1. summon. 2. To request (information) by summons. “The horrible expression ‘summonsed for an offence’ (turning the noun ‘summons’ into a verb) has now become accepted usage, but ‘summoned’ remains not only allowable but preferable." Glanville Williams, Learning the Law 15 n,28 tilth ed. 1982). summum bonum (sam-am boh-nam also suum-uum baw-nuum). [Latin] The greatest good. summum jus (sam-am jas). [Latin] The highest law. sumner (sam-nar), n. Hist. A summoning officer, esp. in an ecclesiastical court. See summoner. sum-of-the-years’-digits depreciation method. See DEPRECIATION METHOD. sum payable. (17c) An amount due; esp., the amount for which the maker of a negotiable instrument becomes liable and must tender in full satisfaction of the debt. sumptuary law (samp-choo-er-ee). 1. A statute, ordinance, or regulation that limits the expenditures that people can make for personal gratification or ostentatious display. 2. More broadly, any law whose purpose is to regulate conduct thought to be immoral, such as prostitution, gambling, or drug abuse, Sunday-closing law. See blue law. Sunday law. See blue law. sundries (san-dreez), Miscellaneous items that may be considered together, without being separately specified or identified. sundry (san-dree), adj. Separate; diverse; various. sunk cost. See cost (i), sunna. See female genital mutilation. sunset law. (1976) A statute under which a governmental agency or program automatically terminates at the end of a fixed period unless it is formally renewed. [Cases; Administrative Law and Procedure C-> 128.] sunset legislation. See sunset law. sunshine committee. (2000) An official or quasi-official committee whose proceedings and work are open to public access. [Cases; Administrative Law and Procedure C - 124.] sunshine law, (1972) A statute requiring a governmental department or agency to open its meetings or its records to public access. — Also termed open-meeting law, public-meeting law, open-door law. [Cases: Administrative Law and Procedure (124; Records ,'50-68. suo nomine (s[y]oo-ohnom-a-nee). [Latin] In one’s own name. suo periculo. See sub suo pericuio. SUP. abbr. special-use permit, sup. ct. abbr. supreme court. super (s[y]oo-par), [Latin] Above; over; higher. super aliquam partem fundi (s[y]oo-par al-i-kwam pahr-tem fan-di), [Law Latin] Hist. Upon any part of the land. superaltum mare (s[y]oo-paral-tam mair-eeor mahr ee). [Latin] On the high sea. super attentatis aut innovatis lite dependente (s[y] oo-par a-ten-tay-tis awt in-a-vay-tis li-tee dee-pen-den-tee). [Law Latin] Hist. Concerning those things allegedly due during the pendency of the case. supercargo. Maritime law. A person specially employed and authorized by a cargo owner to sell cargo that has been shipped and to purchase returning cargo, at the best possible prices; the commercial or foreign agent of a merchant. “Supercargoes are persons employed by commercial companies or by private merchants to take charge of the cargoes they export to foreign countries, to sell them there to the best advantage, and to purchase proper commodities to relade the ships on their return home. They usually go out with the ships on board of which the goods are embarked, and return home with them, and in this they differ from factors who live abroad .... The supercargo is the agent of the owners, and disposes of the cargo and makes purchases under their general instructions on his own responsibility.” 70 Am. Jur. 2d Shipping § 886, at 1025 (1987). superductio (s[y]oo-par-dak-shee-oh), «. [Latin] Roman law. The obliteration of part of a will or other document by writing over something erased within it. Pl. super-ductiones (s[y]oo-par-dsk-shee-oh-neez), super eisdem deductis (s[y]oo-par ee-is-dnm di-dak-tis). [Law Latin] Hist. Upon the same grounds. superfeudation. See superinfeudation. superficiarius (s[y]oo-par-fish-ee-air-ee-3s), n. [Latin] Roman law. A person who had a hereditary and alienable right to a building on municipal or other public land, subject to the payment of an annual rent. • In classical law this right was extended to private land, Cf. EMPHYTEUSIS. superficies (s[y]oo-par-fish-ee-eez0r-fish-eez), n. [Latin “surface”] Roman & civil law. 1. The surface of the ground. 2. An improvement that stands on the surface of the ground, such as a building, other construction, trees, plants, or crops. 3. The right of a superficiarius. See superficiarius. Superfund. (1977) 1. The program that funds and administers the cleanup of hazardous-waste sites through a trust fund (financed by taxes on petroleum and chemicals and a tax on certain corporations) created to pay for cleanup pending reimbursement from the liable parties. [Cases; Environmental Law €= 437.] 2. The popular name for the act that established this program — the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). See cercla. superinfeudation. Hist. The granting of one or more feuds out of a feudal estate. — Also termed superfeudation. Cf. SUBINFEUDATION. “Whatever may be the proper view of its origin and legal nature, the best mode of vividly picturing to ourselves the feudal organisation is to begin with the basis, to consider the relation of the tenant to the patch of soil which created and limited his services — and then to mount up, through narrowing circles of super feudation, till we approximate to the apex of the system.” Henry S. Maine, Ancient Law 88 (17th ed. 1901). superinstitution. Eccles, law. The investiture of one person in an office that already has an incumbent, as when two individuals claim a benefice by adverse titles. superintendent. A person with the power to direct activities; a manager. superintending control. See control. superior, adj. (14c) (Of a rank, office, power, etc.) higher; elevated; possessing greater power or authority; entitled to exert authority or command over another . — superior, n. superior agent. See high-managerial agent under agent (2). superior commissioned officer. See officer (2). superior court. See court. superior fellow servant. See fellow servant. superior force. 1. See force majeurb. 2. See act of god. 3. See vis major. superior knowledge. See knowledge. superior-knowledge rule. The doctrine that when a property owner knows or should know that a hazardous condition exists on the property, and the condition is not obvious to a person exercising reasonable care, the owner must make the premises reasonably safe or else warn others of the hazardous condition. • An exception to the rule is sometimes allowed for obvious dangers or dangers of which the invitee is aware. Restatement (Second) of Torts § 343A. But the exception is neither automatic nor absolute. See id. § 343A(1) & cmt. f. — Also termed equal-or-superior-knowledge rule. Cf. equal-knowledge rule. [Cases; Negligence 0=1088.] superior servant. See superior fellow servant under fellow servant. superior-servant doctrine. See fellow-servant RULE. superjurare (s[y]oo-par-juu-rair-ee). [Latin “to overswear”] Hist. To swear too strenuously. • This describes the situation in which an obviously guilty criminal attempted to avoid conviction by producing oaths of several parties but was convicted by an overwhelming number of witnesses. super jure naturae alendi liberos (s[y]oo-par joor ee na-tyoor-ee a-len-di lib-ar-ohs). [Law Latin] Hist. On the ground of natural law, obligating persons to support their children. superlien. (1984) A government’s lien that is imposed on a property whose condition violates environmental and public-health and public-safety rules and that has priority over all other liens, so that the government can recover public funds spent on cleanup operations. • A statutory lien is superior to all existing liens and all later-filed liens on the same property. Superliens are sometimes granted to a states environmental-protection agency. Several states — including Arkansas, Connecticut, Massachusetts, New Hampshire, New Jersey, and Tennessee — have enacted statutes creating superliens on property owned by a party responsible for environmental cleanup. See lien. supermajority. See majority. supermajority provision. A clause in a corporation’s articles of incorporation requiring more than a simple majority of shareholders to vote in favor of a merger or substantial sale of assets. supernumerarii (s[y]oo-par-n[y]oo-ma-rair-ee-i), n. [Latin “persons above the number”] Roman law. Officials beyond the permitted number; esp., advocates who were unregistered and not attached to a particular bar. Cf. statute supernumerary witness. See witness. superoneratio (s[y]oo-par-on-a-ray-shee-oh). [Law Latin] Hist. 1. The act or practice of surcharging a common. 2. The placement of more cattle on a common than is allowed; overstocking. superonerationepasturae. See de superoneratione PASTURAE. superplusagium (s[y]oo-par-pl9-say-jee-3m), n. [Law Latin] Hist. A surplus; a remainder. super praerogativa regis (s[y]oo-par pri-rog-a-ti-va ree-jis), ii. [Law Latin] Hist. A writ against the king’s tenant’s widow for marrying without royal permission. superprecedent. See precedent. superpriority. Bankruptcy. The special priority status granted by the court to a creditor for extending credit to a debtor or trustee that cannot obtain unsecured credit from a willing lender. • This priority may be either an administrative claim outranking other administrative claims or, if certain statutory requirements are met, a security interest in property. 11 USCA § 364(c)(1). [Cases: Bankruptcy 0-^3036,] supersede, vb. (17c) 1, To annul, make void, or repeal by taking the place of . 2. To invoke or make applicable the right of supersedeas against (an award of damages) . [Cases: Appeal and Error O > 458,460.] — supersession (for sense 1), «. supersedeas (soo-par-seed-ee-as), n. [Latin “you shall desist”] (14c) I. A writ or bond that suspends a judgment creditor’s power to levy execution, usu. pending appeal. — Also termed writ of supersedeas. 2. See supersedeas bond under bond (2). [Cases: Appeal and Error C 458; Execution 158(2); Supersedeas O-L.] PI. supersedeases (soo-par-see-dee-as-iz). supersedeas bond. See bond (2). supersedere (s[y]oo-par-sa-deer-ee). [Law Latin] Hist. SIST. "When creditors voluntarily agree to supersede or sist diligence against their debtor for a certain period, such an agreement is called a supersedere', and the same name is given to any judicial act by which creditors are restrained from doing diligence. A creditor who commits a breach of the supersedere, whether it be voluntary or judicial, is liable to the debtor in damages.” John Trayner, Trayner's Latin Maxims 591 (4th ed. 1894). superseding cause. See cause (1). super stare decisis. See stare decisis. super statuto (s[y]oo-parsta-t[y]oo-toh), n. [Law Latin] Hist. A writ against tenants-in-chief who transferred their land without the king’s permission in violation of the Statute of Westminster II, chs. 12 & 13. super statuto dearticulis cleri (s[y]oo-par sta-t[y]oo-toh dee ahr-tik-ya-lis kleer-i), n. [Law Latin] Hist. A writ against a sheriff who unlawfully distrains goods. super statuto facto pour seneschal et marshal de roy (s[y]oo-par sta-t[y]oo-toh fak-toh poor sen a shahl ay mahr-[a-]shahl da roy), n. [Law Latin] Hist. A writ to restrain the court of the Marshalsea from interfering in matters outside its jurisdiction. super statuto versus servantes et laboratores (s[y]oo-par sta-t[y]oo-toh var-sas sar-van-teez et lab-ar-a-tor-eez), n. [Law Latin] Hist. 1. A writ against someone who employs laborers who unlawfully left former employments. 2. A writ against a person who refused to work at the required wage. superstitious use. See use (1). supervening cause. See intervening cause under cause (1). supervening impossibility. See impossibility. supervening negligence. See subsequent negligence under negligence. supervening-negligence doctrine. See last-clear-chance doctrine. supervised visitation. See visitation. supervision, n. The act of managing, directing, or overseeing persons or projects. — supervise, vb. — supervisory (soo-par-vi-za-ree), adj. supervision order. See order (2). supervisor, n. (15c) 1. One having authority over others; a manager or overseer. • Under the National Labor Relations Act, a supervisor is any individual having authority to hire, transfer, suspend, lay off, recall, promote, discharge, discipline, and handle grievances of other employees, by exercising independent judgment. 2. The chief administrative officer of a town or county. [Cases: Counties O--41.] — supervisorial (soo-par-vt-zor-ee-al), adj. supervisory authority. Military law. An officer who, exercising genera) court-martial jurisdiction, reviews summary and special court-martial trial records after the convening authority has reviewed them. [Cases: Military Justice 1380.] supervisory control. The control exercised by a higher court over a lower court, as by prohibiting the lower court from acting extrajurisdictionally and by revers- ing its extrajurisdictional acts. See mandamus. [Cases: Courts 0^207.] supine negligence. See advertent negligence under negligence. supplanting limitation. See limitation. supplemental, adj. (17c) Supplying something additional; adding what is lacking supplemental rules>. supplemental affidavit. See affidavit, supplemental agreement. See side agreement under AGREEMENT. supplemental bill. See bill (2). supplemental bill in the nature of a bill of review. See bill in the nature of a bill of review under bill (2). supplemental claim. See claim (4). supplemental complaint. See complaint. supplemental declaration. Patents. A sworn document, filed after the U.S. Patent and Trademark Office allows a patent’s issuance. See supplemental oath. supplemental jurisdiction. See jurisdiction. supplemental-needs trust. See trust. supplemental pleading. See pleading (1). supplemental register. Trademarks. A roll of trademarks that are ineligible for listing on the Principal Register because they are not distinctive. • Marks on the supplemental register are not protected by trademark law, except to the extent that the listing may bar the registration of a similar mark. The listing may be required, however, for the mark to be registered in other countries. 15 USCA § 1091. Cf. principal register. — Also termed secondary register. Trademarks 0^1246. Supplemental Rules for Certain Maritime and Admiralty Claims. A supplement to the Federal Rules of Civil Procedure, setting out procedures for suits in admiralty and maritime law. Supplemental Security Income. A welfare or needs-based program providing monthly income to the aged, blind, or disabled. • It is authorized by the Social Security Act. — Abbr. SSI. [Cases: Social Security and Public Welfare C 140.5, 175.] supplemental surety. See surety. supplementary proceeding. See proceeding. supplendo vices (sa-plen-doh vi-seez). [Law Latin] Hist. By supplying the place. suppletory oath (sap-la-tor-ee). See oath. suppliant (sap-lee-ant). (15c) One who humbly requests something; specif., the actor in a petition of right. supplicatio (sap-li-kay-shee-oh), n. [Latin] Roman law. 1. A petition to the emperor requesting him to decide a case, not already before a court, in first instance or, sometimes, to reopen a case in which no appeal is normally allowed. Pl. supplicationes (sap-li-kay-shee-oh-neez). “Another mode was supplicatio, petition to the Emperor by a private person, not allowed when the question was already before a court or had been decided and not properly appealed. It was mainly used to bring matters before the Emperor or his delegate, in first instance, where for any reason it was unlikely that justice would be done, e.g. where the claimant was humble and the opponent a ‘potentior,' or where the claimant was of too high rank to go before the ordinary court, or the decision was of an unappealable magistrate." W.W. Buckland, Elementary Principles of the Roman Private Law67] (1912), 2. A petition for a pardon on a first offense. 3. Hist. A pleading similar to a rejoinder. supplicavit (sap-li-kay-vit). Hist. A writ issued by the King’s Bench or Chancery for taking sureties of the peace, obligating a person to be on good behavior for a specified period. • It is commonly directed to the justices of the peace who are hesitant to intervene in their judicial capacities. See surety of the peace under surety. “Anyjustices ofthe peace, by virtue of their commission, or those who are ex officio conservators ofthe peace . .. may demand such security according to their own discretion; or it may be granted at the request of any subject, upon due cause shewn .... Or, if the justice is averse to act, it may be granted by a mandatory writ, called a supplicavit, issuing out of the court of king's bench or chancery, which will compel the justice to act, as a ministerial and not as a judicial officer.4 William Blackstone, Commentaries on the Laws of England 250 (1769). supplicium (sa-plish-ee-am), n. [Latin “atonement”] Roman law. A punishment, • Ultimum supplicium is the death penalty. supplier, n. 1. A person engaged, directly or indirectly, in the business of making a product available to consumers. “The supplier may be the seller, the manufacturer, or anyone else in the chain who makes the product available to the consumer.” 1 Julian B. McDonnell & Elizabeth J. Coleman, Commercial and Consumer Warranties H 6.06[2], at 6-33 (1991), 2. A person who gives possession of a chattel for another’s use or allows someone else to use or occupy it while it is in the person’s possession or control. supplies, n. 1. Means of provision or relief; stores available for distribution. 2. In parliamentary proceedings, the annual grant voted on by the House of Commons for maintaining the Crown and various public services. supply, n. Tile amount of goods produced or available at a given price. aggregate supply. The total amount of goods and services generated in an economy during a specific period. supply curve. A line on a price-output graph showing the relationship between a good’s price and the quantity supplied at a given time. support, n. (14c) 1. Sustenance or maintenance; esp., articles such as food and clothing that allow one to live in the degree of comfort to which one is accustomed. See maintenance; necessaries. “Generally speaking, the words 'support’ and ‘maintenance’ are used synonymously to refer to food, clothing and other conveniences, and shelter, including, in some cases, medicines, medical care, nursing care, funeral services, education, and reasonable personal care, and the courtesies and kindness usually obtaining between individuals that have the same ties of blood in families of similar station as the contracting parties.” 73 Am.Jur.2d Support of Persons § l, at 880-81 (2d ed. 1974). 2. One or more monetary payments to a current or former family member for the purpose of helping the recipient maintain an acceptable standard of living. — Also termed (in both senses) reasonable support. See alimony. Cf. nonsupport; maintenance (5). [Cases: Child Support C 8; Divorce OT 208, 230.] child support. See child support. family support. See family support. spousal support. See alimony. 3. Basis or foundation. 4. The bracing of land so that it does not cave in because of another landowner’s actions. — support, vb. lateral support. Support by the land that lies next to the land under consideration. — Also termed easement of natural support. [Cases: Adjoining Landowners 02.] subjacent support. Support by the earth that lies underneath the land under consideration. support agreement. Oil & gas. A contract between people or entities in the oil-and-gas industry to promote exploratory operations. • Generally, one party agrees to contribute money or property to another if the other will drill a well on leases that it holds and provide the contributing party with information from tests conducted. For the contributing party, a support agreement is a purchase of geological or technological information. For the party receiving the support, the contribution lessens the cost or the risk of drilling operations. — Also termed contribution agreement. See DRY-HOLE AGREEMENT; BOTTOM-HOLE AGREEMENT; acreage-contribution agreement. [Cases: Mines and Minerals OT 109.] support deed. See deed. support obligation. (1938) A secondary obligation or let-ter-of-credit right that supports the payment or performance of an account, chattel paper, general intangible, document, healthcare-insurance receivable, instrument, or investment property. UCC § 9-102(a)(53). support order. (1948) A court decree requiring a party (esp. one in a divorce or paternity proceeding) to make payments to maintain a child or spouse, including medical, dental, and educational expenses. [Cases: Child Support C 8, 223; Divorce 'O 208, 230.] foreign support order. An out-of-state support order. [Cases: Child Support 'O 500-510; Divorce 'O 388.] support price. See price. support trust. See trust. supposition (sap-a-zish-an), n. An assumption that something is true, without proof of its veracity; the act of supposing. — suppose, vb. — supposable, adj. suppress, vb. To put a stop to, put down, or prohibit; to prevent (something) from being seen, heard, known, or discussed 65.] suretyship by operation of law. A suretyship that the law creates when a third party promises a debtor to assume and pay the debt that the debtor owes to a creditor. [Cases; Principal and Surety 0-14.] voluntary suretyship. A suretyship in which the chief object of the contract is to make one party a surety. surface. 1. The top layer of something, esp. of land. 2. Mining law. An entire portion of land, including mineral deposits, except those specifically reserved. • The meaning of the term varies, esp. when used in legal instruments, depending on the language used, the intention of the parties, the business involved, and the nature and circumstances of the transaction. 3. Mining law. The part of the geologic section lying over the minerals in question. surface casing. See casing. surface-damage clause. Oil & gas. A lease provision requiring the lessee to pay the lessor or the surface-interest owner for all or for a specified kind or degree of damage to the surface that results from oil-and-gas operations. — Also termed location-damage clause; damages clause. [Cases: Mines and Minerals <0=5120.] surface interest. 0/7 &gas. Every right in real property other than the mineral interest. • The surface-interest owner has the right to the surface subject to the right of the mineral-interest owner to use the surface. The surface-interest owner is entitled to all whatever nonmineral substances are found in or under the soil. — Also termed surface right. Cf. mineral interest; subsurface interest. [Cases: Mines and Minerals 055(6).] surface issue. See issue (i). Surface Transportation Board. A unit in the U.S. Department of Transportation responsible for the economic regulation of interstate surface transportation, primarily railroads. • Its jurisdiction includes railroad-rate and -service issues, railroad-company mergers and related labor matters; certain truck and ocean shipping rates; certain intercity bus-company structures; and certain pipeline matters not regulated by the Federal Energy Regulatory Commission. -— Abbr. STB. [Cases: Carriers ' I D.| surface water. See water. Surgeon General. (18c) 1. The chief medical officer of the U.S. Public Health Service or of a state public-health agency. 2. The chief officer of the medical departments in the armed forces. — Abbr. SG. surmise (sar-miz), n. (I8c) 1. An idea based on weak evidence; conjecture. 2. Hist. A suggestion, esp. to a court. 3. Hist. Eccles, law. An allegation in the complaint. • A collateral surmise is a surmise of a fact not contained in the libel. See libel (3). surname. See name. surplice fees (sar-plis feez). Eccles, law. Fees paid to clergy for performing occasional duties, such as marriages, funerals, and baptisms. surplus. I. The remainder of a thing; the residue or excess. 2. The excess of receipts over disbursements. 3. Funds that remain after a partnership has been dissolved and all its debts paid. 4. A corporation’s net worth, beyond the par value of capital stock. — Also termed overplus. accumulated surplus. Earnings in excess of a corporation’s capital and liabilities. acquired surplus. The surplus gained by the purchase of another business. actuarial surplus. See actuarial surplus. appreciation surplus. See revaluation surplus, appropriated surplus. 1. The portion of surplus ear- marked for a specific purpose. — Also termed reserved surplus. 2. See appropriated retained earnings under EARNINGS. capital surplus. 1. All surplus (such as paid-in surplus or donated surplus) not arising from the accumulation of profits; a company’s surplus other than earned surplus, usu. created by financial reorganization or gifts. 2. See paid-in surplus. donated surplus. 1. Assets (such as stock) contributed to a corporation. 2. The increase in the shareholders’ equity account resulting from such a contribution. earned surplus. See retained earnings under EARNINGS. initial surplus. The surplus that appears on the financial statement at the beginning of an accounting period, but that does not reflect the operations for the statement’s period. paid-in surplus. The surplus gained by the sale, exchange, or issuance of capital stock at a price above par value. — Also termed capital surplus; premium on capital stock. reserved surplus. See appropriated surplus (1). restricted surplus. A surplus with a limited or restricted use; esp., the portion of retained earnings that cannot be distributed as dividends. • The restriction is usu. due to preferred dividends in arrears, a covenant in a loan agreement, or some decision of the board of directors. See retained earnings under earnings. revaluation surplus. Surplus that is gained when assets are reappraised at a higher value. — Also termed appreciation surplus. trade surplus. The excess of merchandise exports over merchandise imports during a specific period. Cf. trade deficit under deficit. unearned surplus. Corporations. The total of amounts assigned to shares in excess of stated capital, surplus arising from a revaluation of assets above cost, and contributions other than for shares, whether from shareholders or others. surplusage (sar-plas-ij). (15c) 1. Redundant words in a statute or legal instrument; language that does not add meaning . [Cases: Criminal Law 0 683; Federal Civil Procedure O 2015; Trial'C 64.] surrebutter (snr-ri-bat-nr). Common-law pleading. (17c) The plaintiff’s answer of fact to the defendant’s rebutter. [Cases: Pleading CO5185.] surrejoinder (sor-ri-joyn-dar). Common-law pleading. (16c) The plaintiff’s answer to the defendant’s rejoinder. See replication. [Cases: Pleading CO 184.] “Where the common-law system of pleading is in force, the pleadings do not terminate with the plaintiff's replication. The defendant may interpose a rejoinder to the replication, and the plaintiff a surrejoinder to the defendant's rejoinder. Then follows the rebutter, which in turn may be met by a surrebutter.” 61A Am. Jur. 2d Pleading § 193, at 192 (1981). surrender, n. (15c) 1. The act of yielding to another’s power or control. 2. The giving up of a right or claim; release (i). [Cases: Release C 1.] 3. The return of an estate to the person who has a reversion or remainder, so as to merge the estate into a larger estate. Cf. merger (4). “Merger bears a very near resemblance, in circumstances and effect, to a surrender; but the analogy does not hold in all cases, though there is not any case in which merger will take place, unless the right of making and surrender resided in the parties between whom the merger takes place. To a surrender, it is requisite that the tenant of the particular estate should relinquish his estate in favor of the tenant of the next vested estate, In remainder or reversion. But merger is confined to the cases in which the tenant of the estate in reversion or remainder grants that estate to the tenant of the particular estate, or in which the particular tenant grants his estate to him in reversion or remainder. Surrender is the act of the party, and merger is the act of the law." 4 James Kent, Commentaries on American Law ’100 (George Comstock ed., 11th ed. 1866). 4. Commercial law. The delivery of an instrument so that the delivery releases the deliverer from all liability. [Cases: Bills and Notes C:=>438,] 5. A tenant’s relinquishment of possession before the lease has expired, allowing the landlord to take possession and treat the lease as terminated. — Also termed (in sense 5) surrender of term. [Cases: Landlord and Tenant C77109.] — surrender, vb. surrender by bail. (18c) A surety’s delivery of a prisoner, who had been released on bail, into custody. [Cases: Bail 080,] surrender by operation of law. (1836) An act that is an equivalent to an agreement by a tenant to abandon property and the landlord to resume possession, as when the parties perform an act so inconsistent with the landlord-tenant relationship that surrender is presumed, or when a tenant performs some act that would not be valid if the estate continued to exist. [Cases: Landlord and Tenant O'109,110, 194.] surrender clause. Oil &■ gas. A provision commonly found in oil-and-gas leases authorizing a lessee to release its rights to all or any portion of the leased property at any time and to be relieved of further obligations on the acreage surrendered. [Cases: Mines and Minerals C~>77.] surrenderee. One to whom a surrender is made. See surrender. surrenderer. See surrenderor, surrender of a criminal. An officer’s delivery of a prisoner to the authorities in the appropriate jurisdiction. See extradition; rendition. [Cases: Extradition and Detainers 16,36.] surrender of a preference. Bankruptcy. The yielding of a voidable conveyance, transfer, assignment, or encumbrance by a creditor to the trustee as a condition of allowing the creditor’s claim. [Cases: Bankruptcy ' 2824.] surrender of charter. Corporations. The dissolution of a corporation by a formal yielding of its charter to the state under which it was created and the subsequent acceptance of that charter by the state. [Cases: Corporations O’610(l).] “The surrender of a charter can be made only by some formal, solemn act of the corporation, and will be of no avail until accepted by the government. There must be the same agreement of the parties to dissolve that there was to form the compact. It is the acceptance which gives efficacy to the surrender. Consent of the state is sometimes given by general statute.” 19 Am. Jur. 2d Corporations § 2738, at 546 (1986). surrender of copyhold. Hist The transfer by a tenant of a copyhold estate by yielding it to the lord in trust for the transferee according to the terms in the surrender. • In normal practice, the tenant went to the steward of the manor and delivered a rod, a glove, or other customary symbol, thereby conveying to the lord (through the steward) all interest and title to the estate, in trust, to be then granted by the lord to the transferee. See COPYHOLD. surrender of term. See surrender (5). surrenderor. One who surrenders; esp., one who yields up a copyhold estate for conveyance. — Also spelled surrenderer. See copyhold. surrender to uses of will. Hist. A required yielding of a copyhold interest passed by will to the will’s uses. • The requirement was abolished by St. 55 Geo. 3, ch. 192. surrender value. See cash surrender value under value (2). surreply. A movant’s second supplemental response to another party’s opposition to a motion. — Sometimes written sur-reply. [Cases: Federal Civil Procedure C77 921.] surreptitious (sar-ap-tish-as), adj. (15c) (Of conduct) unauthorized and clandestine; stealthily and usu. fraudulently done Surreptitious interception of electronic communications is prohibited under wiretapping laws>. [Cases: Telecommunications C77 1434.] surreptitious-entry search warrant. See covert-entry search warrant under search warrant. surreptitious-entry warrant. See warrant (1). surrogacy. 1. The act of performing some function in the place of someone else. 2. The process of carrying and delivering a child for another person. [Cases: Child Custody C77>274.5; Child Support ] 63; Children Out-of- Wedlock O15; Parent and Child C°20.] gestational surrogacy. A pregnancy in which one woman (the genetic mother) provides the egg, which is fertilized, and another woman (the surrogate mother) carries the fetus and gives birth to the child. traditional surrogacy. A pregnancy in which a woman provides her own egg, which is fertilized by artificial insemination, and carries the fetus and gives birth to a child for another person. surrogacy contract. See surrogate-parenting agreement. surrogate (sar-a-git), n. (17c) 1. A substitute; esp., a person appointed to act in the place of another . See probate judge under judge. 3. One who acts in place of another. — surrogate, adj. — surrogacy (sar-a-ga-see), surrogateship, n. surrogate carrier. See surrogate mother (1) under mother. surrogate mother. See mother. surrogate parent. 1. See parent. 2. See surrogate mother under mother. surrogate-parenting agreement. (1985) A contract between a woman and typically an infertile couple under which the woman provides her uterus to carry an embryo throughout pregnancy; esp., an agreement between a person (the intentional parent) and a woman (the surrogate mother) providing that the surrogate mother will (1) bear a child for the intentional parent, and (2) relinquish any and all rights to the child. • If the surrogate mother is married, her husband must also consent to the terms of the surrogacy contract. The agreement usu. provides that the woman will relinquish to the couple any parental rights she may have upon the birth of the child. Complex issues arise concerning who is the parent of the resulting child; the genetic donor of egg or sperm, a spouse of either donor, the surrogate, or the person intending to care for the resulting child? American jurisdictions are split on the interpretation and enforceability of these contracts. — Also termed surrogacy contract. See surrogate mother under mother; intended child under child; intentional parent under parent. [Cases: Child Custody C~’274.5; Child Support <^ 63; Children Out-of-Wedlock Cx;15; Parent and Child 0^20,] surrogate’s court. See probate court under court. surrounding circumstances. (1828) The facts underly- ing an act, injury, or transaction — usu. one at issue in a legal proceeding. sursise (sar-siz). [Law French] Hist. Neglect; omission. sursum reddere (sar-sam red-ar-ee), vb. [Law Latin] Hist, In conveyancing, to render up or surrender (property rights, etc.). sursum redditio (sar-sam ra-dish-ee-oh). [Law Latin] Hist. In conveyancing, a surrender of an estate by mutual agreement. surtax. See tax. surtax exemption. (18c) 1. An exclusion of an item from a surtax. [Cases: Internal Revenue 0^36.3.3.] 2. An item or an amount not subject to a surtax. See surtax under TAX. surveillance (sar-vay-lants), n. (1802) Close observation or listening of a person or place in the hope of gathering evidence. — surveil (sar-vayl), vb. survey, n. (16c) 1. A general consideration of something; appraisal . government survey. A survey made by a governmental entity of tracts of land (as of townships and sections and quarter-sections of land). — Also termed (when conducted by the federal government) congressional survey. [Cases: Municipal Corporations C='42; Public Lands 023-28.] inclusive survey. A survey that includes within the described boundaries land that is owned or claimed by others and excluded from the survey’s computed area. topographical survey. A survey that determines a property’s elevation above sea level. 3. A governmental department that carries out such measurements Suspension of a statutes 2. The state of such delay, interruption, or termination . 3. The temporary deprivation of a person’s powers or privileges, esp. of office or profession; esp., a fairly stringent level of lawyer discipline that prohibits the lawyer from practicing law for a specified period, usu. from several months to several years suspension of the bar licensee • Suspension may entail requiring the lawyer to pass a legal-ethics bar examination, or to take one or more ethics courses as continuing legal education, before being readmitted to active practice. [Cases: Licenses Cs 38; Officers and Public Employees <]^65.] 4. The temporary withdrawal from employment, as distinguished from permanent severance suspension from teaching without pay>. [Cases: Labor and Employment C_ 825.| 5. Eccles, law. An ecclesiastical censure that can be temporary or permanent, and partial or complete. See deprivation. 6. Scots law. The process of staying a judgment pending an appeal to the Supreme Court. suspension of arms. See truce. suspension of judgment. See stay. suspension of trading. The temporary cessation of ail trading of a particular stock on a stock exchange because of some abnormal market condition. suspensive appeal. See appeal. suspensive condition. See condition (2). suspensive veto. See suspensory veto under veto. suspensory veto. See veto. sus. per coll. abbr. suspendatur per collum. suspicion. (14c) The apprehension or imagination of the existence of something wrong based only on inconclusive or slight evidence, or possibly even no evidence. reasonable suspicion. (18c) A particularized and objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity. • A police officer must have a reasonable suspicion to stop a person in a public place. See stop and frisk. Cf. probable cause. [Cases: Arrest <0^63.5.] suspicious-activity report. (1996) A form that, as of 1996, a financial institution must complete and submit to federal regulatory authorities if it suspects that a federal crime has occurred in the course of a monetary transaction. • This form superseded two earlier forms, the criminal-referral form and the suspicious-transaction report. — Abbr. SAR. [Cases: Banks and Banking 151. 188.5; United States 34.] suspicious character. (18c) In some states, a person who is strongly suspected or known to be a habitual criminal and therefore may be arrested or required to give security for good behavior. suspicious-transaction report. (1993) A checkbox on IRS Form 4789 formerly (1990-1995) requiring banks and other financial institutions to report transactions that might be relevant to a violation of the Bank Secrecy Act or its regulations or that might suggest moneylaundering or tax evasion. • This checkbox, like the criminal-referral form, has since been superseded by the suspicious-activity report. — Abbr. STR. [Cases: Banks and Banking 0^151.] sustain, vb. (13c) 1. To support or maintain, esp. over a long period . 2. To nourish and encourage; lend strength to . sweat equity. (1966) Financial equity created in property by the owner’s labor in improving the property . sweating. (1824) Criminal procedure. 'Ihe illegal interrogation of a prisoner by use of threats or similar means to extort information. sweat-of-the-brow doctrine. Copyright, The now-discarded principle that copyrights can protect the labor and expense that went into a work, rather than the work’s originality. • The Supreme Court rejected the sweat-of-the-brow doctrine in Feist Pubs., Inc. v. Rural Tel. Servs. Co., 499 U.S. 340, 111 S.Ct. 1282 (1991). Cf. sweatwork. [Cases: Copyrights and Intellectual Property 12(1).] sweatshop. (1890) Slang. A business where the employees are overworked and underpaid in extreme conditions: esp., in lawyer parlance, a law firm that requires associates to work so hard that they barely (if at al l) maintain a family or social life — though the firm may, in return, pay higher salaries. sweatwork. Slang. A compilation, esp. a searchable computer database, that does not qualify for U.S. copyright protection because the underlying facts are not copyrightable and the compilation is not a nontrivial arrangement. • New forms of intellectual-property laws are aimed at protecting the “sweat-of-the-brow” investment that goes into compiling databases. Cf. sweat-of- the-brow doctrine. [Cases: Copyrights and Intellectual Property 11- • 12(3). sweeping, adj. 1. Comprehensive in scope . swift witness. See zealous witness under witness. swindle, vb. (18c) To cheat (a person) out of property cjohnson swindled Norton’s entire savings out of him>. — swindle, «. — swindling,«. swindler. A person who willfully defrauds or cheats another. swinging-door chad. See chad. swing loan. See bridge loan under loan. swing vote. (1962) The vote that determines an issue when all other voting parties, such as appellate judges, are evenly split. swipe, vb. 1. To strike or try to strike with a swinging blow cthe cat swiped its claws across my hand>. 2. To steal . 3. To pass a card with a magnetic stripe through a machine that reads the stripe <1 swiped my credit card through the pay phone’s reader and made my call>. — Sometimes termed (in sense 3) wipe. switching. In mutual funds, the practice of selling shares in one fund to buy shares in another. swoling (swuul-ing). Hist. The quantity of land that can be plowed in a year; a hide of land. — Also spel led suling (suul-ing); suiting (suu-luung). — Also termed swoling of land. sworn brothers. Hist. Persons who, by mutual oaths, swear to share in each other’s fortunes. sworn clerks in chancery. Hist. Certain officers in the Court of Chancery who assist the six principal clerks by performing clerical tasks, including keeping records and making copies of pleadings. • The offices were abolished in 1842 by the Court of Chancery Act. St. 5 & 6 Viet., ch. 103. — Also termed sixty clerks. sworn statement. See statement. SYD. abbr. Sum of the years’ digits. See sum-of-the-years'-digits depreciation method under depreciation method. SYD method. See sum-of-the-year’s-digits depreciation method under depreciation method. syllabus (sil-a-bas). 1. An abstract or outline of a topic or course of study, 2. A case summary appearing before the printed judicial opinion in a law report, briefly reciting the facts and the holding of the case. • The syllabus is ordinarily not part of the court’s official opinion. — Sometimes termed headnote. Cf. headnote. Pl. syllabuses, syllabi (sil-a-bt). symbiotic-relationship test. (1973) The standard by which a private person may be considered a state actor — and may be liable for violating someone’s constitutional rights — if the relationship between the private person and the government is so close that they can fairly be said to be acting jointly. • Pri vate acts by a private person do not generally create liability for violating someone’s constitutional rights. But if a private person violates someone’s constitutional rights while engaging in state action, the private person, and possibly the government, can be held liable. State action may be shown by proving that the private person and the state have a mutually dependent (symbiotic) relationship. For example, a restaurant in a public parking garage was held to have engaged in discriminatory state action by refusing to serve African-Americans. Burton v. Wilmington Parking Authority, 365 U.S. 715, 81 S.Ct. 856 (1961). There, the Court found a symbiotic relationship because the restaurant relied on the garage for its existence and significantly contributed to the municipal parking authority’s ability to maintain the garage. But the symbiotic-relationship test is strictly construed. For example, the fact that an entity receives financial support from — or is heavily regulated by — the government is probably insufficient to show a symbiotic relationship. Thus, although a state had granted a partial monopoly to a public utility, the Court refused to find a symbiotic relationship between them. Jackson v. Metropolitan Edison Co., 419 U.S. 345, 95 S.Ct, 449 (1974). See joint-participation test. Cf. state-compulsion test; nexus test. [Cases: Civil Rights C~-1326(5, 7); Constitutional LawC=>1061.] symbolaeography (sim-ba-lee-og-ra-fee). The art of drafting legal instruments. symbolic, adj. (Of a signature) consisting of a symbol or ! mark. Cf. onomastic (2); holograph. symbolic delivery. See delivery. j symbolic speech. See speech. symbolum animae (sim-ba-laman-a-mee). [Latinj Hist. i A mortuary. See mortuary (2). sympathy strike. See strike. [ synallagmatic contract. See contract. synchronization license. See license. j syndic (sin-dik), n. [French “governmental representa-\ tive”j 1, Anagent (esp. ofa government or corporation) appointed to transact business for others. 2. Civil law. A bankruptcy trustee. [Cases; Bankruptcy 3001.] syndicalism (sin-di-ka-liz-am), n. A direct plan or practice implemented by trade-union workers seeking to control the means of production and distribution, esp. by using a general strike. — syndicalist, n. criminal syndicalism. Any doctrine that advocates or teaches the use of illegal methods to change industrial or political control. syndicate (sin-di-kit), n. (17c) A group organized for a common purpose; esp., an association formed to promote a common interest, carry out a particular business transaction, or (in a negative sense) organize criminal enterprises. See organized crime. — syndicate (sin-di-kayt), vb, — syndication (sin-di-kay-shan), n. — syndicator (sin-di-kay-tar), n. buying syndicate. A group of investment bankers who share the risk in underwriting a securities issue. syndicate book. Securities. A list of investors who have expressed an interest in purchasing shares in a forthcoming public offering. • The lead managing underwriter of the offering compiles and maintains the list during the offering. syndicating. I. The act or process of forming a syndicate. 2. The gathering of materials for newspaper publication from various writers and distribution of the materials at regular intervals to newspapers throughout the country for publication on the same day. syndicus (sin-di-kas), n, [Latin “advocate” fr. Greeksyn-“with” + dike “lawsuit”] Roman law. One chosen (by a corporate body such as a municipality, college, etc.) to represent it at law. See syndic. synergism (sin-ar-jiz-am), n. Patents. 1. A combination of known elements or functions that create a result greater than the sum of the individual elements or functions. • Demonstrating that synergism exists is sometimes useful in proving nonobviousness. The U.S. Supreme Court held that synergism was a requirement for a combination patent in Great Atl, &Pac. Tea Co. v. Supermarket Equip. Corp., 340 U.S. 147 (1950). But that holding was overturned by the Patent Act of 1952. 35 USCA § 103. [Cases: Patents 0=26(1.5).] 2. A patentable device that produces a new or different function or an unusual or surprising consequence. — Also termed synergy; synergistic result. — synergistic (sin-ar-jis-tik), synergetic (sin-ar-jet-ik), adj. syngraph (sin-graf). A written contract or bond signed by all the parties. synod (sin-ad). Eccles, law. An ecclesiastical council lawfully assembled to determine church matters; esp,, a meeting of several adjoining presbyteries in the Presbyterian church. [Cases: Religious Societies .['II, 12J diocesan synod (dy-os-a-san). A synod composed of clergy from one diocese. general synod. A synod composed of bishops from all nations. — Also termed universal synod. national synod. A synod composed of clergy from a single nation. provincial synod. A synod composed of clergy from a single province. — Also termed convocation. synodal (sin-a-dal), n. 1. A collection of ordinances of diocesan synods. 2. A tribute of money given by clergy to a bishop at the Easter visitation. synodales testes (sin-a-day-leez tes-teez), n. [Law Latin “synods-men”] Hist. Persons who gave evidence at synods (or later at visitations), informing them of misconduct by clergy or laity synodsman. See sidesman. synopsis (si-nop-sis), n. (17c) A brief or partial survey; a summary or outline; headnotf.. — synopsize (si nop-siz), vb. synthetic lease. See lease. synthetic rule. See quantitative rule. systematic jurisprudence. See expository jurisprudence under jurisprudence, systematic violation. (1980) Civil-rights law. An employer’s policy or procedure that discriminates against an employee. • Such a policy or procedure will usu. be considered a continuing violation. So an employee’s claim of unlawful discrimination will not be barred as untimely as long as some discriminatory effect of the policy or procedure occurs within the limitations period (e.g., 300 days for a Title Vll claim). Cf. serial violation. [Cases: Civil Rights 0=1505(7).] T. Hist. 1. A letter branded on the base of the thumb of a person who claimed the benefit of clergy to prevent the person from claiming it again. • 'This practice was formally abolished by the Criminal Statutes (England) Repeal Act of 1827. 2. In Pennsylvania, a letter sewn onto the left sleeve of a convicted thief. • This letter — required by a 1698 statute — had to be at least four inches high and of a different color from the rest of the garment. TAB. abbr. tax-anticipation bill. table, n. 1. A synopsized representation, esp. in columnar form, of the particulars of a subject, usu. to present diverse items in a way that can be more easily understood. • Examples include actuarial tables, genealogical tables (which show the names and relationships of all the persons constituting a family), and interest tables. 2. A formulation of laws inscribed on tablets, such as the Twelve Tables of Roman law. See twelve tables. 3. Parliamentary law. The secretary’s desk. table, vb. (1849) Parliamentary law. (Of a deliberative assembly) to set aside the pending business until the assembly votes to resume its consideration. • A matter that has been tabled may be brought up again by a vote of the assembly. — Also termed lay on the table; postpone temporarily. “The early name of the motion to postpone temporarily was ‘lay on the table.' (In American usage the phrase has been shortened, and the motion is now generally referred to as the motion ‘to table.'} The term grew out of the legislative custom of literally laying a bill awaiting further consideration on the clerk's table. “The reference to ‘laying the motion on the table' or 'tabling' is still widely used, but the more precise term, ‘postpone temporarily,' is preferred when that is its purpose, because the term is self-explanatory. “Sometimes, however, the purpose of the motion is not merely to postpone temporarily, but to set the motion aside indefinitely — in effect, to 'kill’ it. .. Alice Sturgis, The Standard Code of Parliamentary Procedure 70 (4th ed. 2001). 2. English law. To put forward (a bill, proposal, resolution, etc.) for consideration and discussion by a legislative or deliberative assembly tableau of distribution. Civil law. A list of creditors of an estate, stating what each is entitled to. See judgment homologating the tableau under judgment. tableaux vivant. Copyright. A performance by actors dressed as characters in a painting and acting out the event portrayed in the painting. table of authorities. See index of authorities. table of cases. (18c) 1. An alphabetical list of the cases cited in a brief or lawbook, usu, prefixed or appended to it, with one or more page or section numbers showing where in the text each case is cited. 2. index of authorities. Tablets of Amalfi. See amalphitan code. tabula in naufragio. [Latin “the last plank from the ship- wreck”] Something added to a lawsuit, often on appeal, as a last-ditch argument or as an afterthought. tabula rasa (tab-ya-ls rah-sa or -za). [Latin “scraped tablet”] (16c) A blank tablet ready for writing; a clean slate. Pl. tabulae rasae (tab ya-lee-rahs-i), tabular form. See subparagraph form. tabulis exhibendis, See de tabulis exhibendis. T-account. An accounting form shaped like the letter T, with the account’s name above the horizontal line, debits listed to the left of the vertical line, and credits to the right. tacereper quadriennium utile (ta-seer-ee par kwod-ree-en-ee-am yoo-ta-lee). [Law Latin] Hist. To be silent throughout the four years after majority. • A person is estopped from challenging a deed made when that person was a minor if the right is not exercised within the four years after the person reaches the age of majority. tacit (tas-it), adj. (17c) 1. Implied but not actually expressed; implied by silence or silent acquiescence ctacit relocations La. Civ. Code art. 3506(30). — tacitly, adv. tacit acceptance. Civil law. 1. An acceptance of an offer indicated by circumstances or operation of law rather than express words. La. Civ, Code art, 1927. 2. An acceptance of an inheritance, indicated by the heir’s doing some act that shows an intent to accept it and that the heir would have no right to do except in that capacity. [Cases: Descent and Distribution 0^72, 119(2).] tacit admission. See implied admission under admission (i). tacit collusion. See conscious parallelism. tacit contract. See contract. tacit dedication. See dedication. tacit hypothecation. See hypothecation, tacit law. See law. tacit mortgage. 1. See legal mortgage under mortgage. 2. See tacit hypothecation under hypothecation. tacit prorogation. See prorogation. tacit relocation. The implied or constructive renewal of a lease, usu. on a year-to-year basis, when the landlord and tenant have failed to indicate their intention to have the lease terminated at the end of the original term. [Cases: Landlord and Tenant •[. 115( l).j tacit-relocation doctrine. The principle under which a lease is presumed to continue (usu. for a one-year period) beyond its expiration date because of the parties’ failure to indicate that the agreement should terminate at the stipulated date. [Cases: Landlord and Tenant 0-115(1),] tacit remission. See remission. tack, n. Scots law. A deed creating a lease of land or other immovable property for an annual rent payable in money, services, or fruits produced on the land. • The lessee may be referred to as a tacksman or tacks-woman. — tack, vb. tack, vb. 1, To add (one’s own period of land possession) to a prior possessor’s period to establish continuous adverse possession for the statutory period. [Cases: Adverse Possession 0^43.] 2. To annex (a junior lien) to a first lien to acquire priority over an intermediate lien. "It is the established doctrine in the English law, that if there be three mortgages in succession, and all duly registered, or a mortgage, and then a judgment, and then a second mortgage upon the estate, the junior mortgagee may purchase in the first mortgage, and tack it to his mortgage, and by that contrivance ‘squeeze out' the middle mortgage and gain preference over it. The same rule would apply if the first as well as the second incumbrance was a judgment; but the incumbrancer who tacks must always be a mortgagee, for he stands in the light of a bona fide purchaser, parting with his money upon the security of the mortgage." 4 James Kent, Commentaries on American Law *176 (George Comstock ed., 11th ed. 1866). 3. Scots law. To lease land or another immovable for an annua] rent payable in money, services, or fruits produced on the land. tacking. (18c) 1, The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; esp„ the adding of one’s own period of land possession to that of a prior possessor to establish continuous adverse possession for the statutory period. See adverse possession. [Cases: Adverse Possession OM3.] 2. The joining of a junior lien with the first lien in order to acquire priority over an intermediate lien. [Cases: Mortgages 0-451(2).] Taft-Hartley Act. See labor-management relations act. Taft-Hartley fund. See joint-welfare fund under fund (l). tail, n. (14c) The limitation of an estate so that it can be inherited only by the fee owner’s issue or class of issue. See fee tail; entail. — Also termed (in Scots law) tailzie (tay-lee). [Cases: Descent and Distribution 604.] “Estates-tail are either general, or special_Tenant in tail- special is where the gift is restrained to certain heirs , . . and does not go to all of them in general. And this may happen in several ways. I shall instance in only one: as where lands and tenements are given to a man and the heirs of his body, on Mary his now wife to be begotten, here no issue can inherit, but such special issue as is engendered, between them two, not such as the husband may have by another wife: and therefore it is called special tail.” 2 William Blackstone, Commentaries on the Laws of England 113-14 (1766). tail coverage. Insurance, An extension of a claims-made professional-liability policy to protect against claims and lawsuits filed after the end of the policy period but based on negligent acts that occurred during the policy period. — Also termed extended-reporting-period endorsement. Cf. prior-acts coverage. [Cases: Insurance <02266.] tailzie (tay-lee), n. Scots law. 1. See entail. 2. See tail. taint, n. (16c) 1. A conviction of felony. 2. A person so convicted. See attainder, taint, vb. (14c) 1. To imbue with a noxious quality or principle. 2. To contaminate or corrupt. 3. To tinge or affect slightly for the worse. — taint, n. tainted evidence. See evidence. tainted stock. See stock. take, vb. (bef. 12c) 1. To obtain possession or control, whether legally or illegally cit’s a felony to take that property without the owner’s consent;-, 2. To seize with authority; to confiscate or apprehend ctake the suspect into custody;-. 3. To acquire (property) for public use by eminent domain; (of a governmental entity) to seize or condemn property cthe state took the land under its eminent-domain powers>. [Cases: Eminent Domain . See taking. 5. To claim one’s rights under cshe took the Fifth Amendment;-. take a default judgment. To reduce to final judgment a defendant’s failure to timely answer a lawsuit. • The process usu. involves informing the court of the defendant’s failure to answer, proving damages, and submitting a proposed judgment for the judge to sign. See default judgment. [Cases: Federal Civil Procedure 02423; Judgment 092-131.] take a deposition. To obtain the testimony of a witness by deposition. See deposition (i). [Cases: Federal Civil Procedure 1371; Pretrial Procedure C~’91.] take away, vb. Hist. To entice or persuade (a female under the age of 18) to leave her family for purposes of marriage, prostitution, or illicit sex. See abduction (2). take back, vb. (18c) To revoke; to retract. take by stealth. (16c) To steal (personal property); to pilfer or filch. [Cases; Larceny 2.] actual taking. See physical taking. de facto taking (di fak-toh). (1921) 1. Interference with the use or value or marketability of land in anticipation of condemnation, depriving the owner of reasonable use and thereby triggering the obligation to pay just compensation. 2, A taking in which an entity clothed with eminent-domain power substantially interferes with an owner’s use, possession, or enjoyment of property. [Cases: Eminent Domain 2.] permanent taking. A government’s taking of property with no intention to return it. • The property owner is entitled to just compensation. [Cases: Eminent Domain 069, 122.] physical taking. A physical appropriation of an owner’s property by an entity clothed with eminent-domain authority. — Also termed actual taking. [Cases: Eminent Domain O---2.] temporary taking. A government’s taking of property for a finite time. • The property owner may be entitled to compensation and damages for any harm done to the property. [Cases: Eminent Domain 114, 143.] taking a case from the jury. See directed verdict under VERDICT. Takings Clause, (1955) The Fifth Amendment provision that prohibits the government from taking private property for public use without fairly compensating the owner. — Also termed fust Compensation Clause. See eminent domain. [Cases: Eminent Domain 69, 70.] taking the Fifth. See take the fifth. tales (tay-leez or taylz). [Latin, pi. of talis “such,” in the phrase tales de circumstantibus “such of the bystanders’’] (15c) 1. A supply of additional jurors, usu. drawn from the bystanders at the courthouse, summoned to fill a panel that has become deficient in number because of juror challenges or exemptions. 2. A writ or order summoning these jurors. tales-juror. See talesman. talesman (taylz-rnan or tayTeez-man). Archaic. 1. A person selected from among the bystanders in court to serve as a juror when the original jury panel has become deficient in number. [Cases: lury C- 72.1 2. veniremember. — Also termed tales-juror. talisman (tal-is-man), n, A charm, amulet, or other physical thing supposedly capable of working wonders , — talismanic (tal-is-man-ik), adj. talis qualis (tay-lis kway-lis). [Latin] Hist. Such as it is. • A purchaser who accepts title as it stands at the time of sale takes the title talis qualis. tallage. 1. Hist. An arbitrary tax levied by the monarch on towns and lands belonging to the crown. • Royal tallages were abolished in the 14th century when Parliament gained the power to approve or disapprove the monarch’s direct-taxation schemes. 2. Hist. A levy demanded by a feudal lord from tenants in lieu of the tenants' provision of goods and services. • The timing and amount of the levy varied according to local custom, type of tenure, and caprice. 3. tollage. tally. 1. Hist. A stick cut into two parts and marked with notches to show what was due between a debtor and creditor. “The tally, used as a receipt for money or chattels, was a narrow wooden stick with notches of varying dimensions to represent the amount received. After the notches had been cut, the stick was split lengthwise into two unequal pieces. The longer, which contained a stump or handle and was called the 'stock,1 was given to the person making the payment, and the shorter, a flat strip called the ‘foil,’ to the other party. If the sum involved was disputed, the two pieces could be fitted one to the other to see if they would ‘tally.’" C.H.S. Fifoot, History and Sources of the Common Law: Tort and Contract 223 (1949). “A thousand pounds was marked by cutting out the thickness of the palm of the hand, a hundred by the breadth of the thumb, a score by the breadth of the little finger, one pound by that of a swelling barley-corn .... The terminology has left a permanent imprint on our language. If you lent money to the Bank of England, tallies were cut for the amount: the Bank kept the foil and you received the stock; you thus held ‘Bank Stock' of the amount recorded upon it. When the form of cheque was adopted, it was not indeed called a foil, but the part retained by the payer is still the counterfoil; and the word ‘cheque' itself goes back ultimately to the same root as ‘exchequer.’" Reginald L. Poole, The Exchequer in the Twelfth Century 86-93 (1912). “From early times tallies were used in the Exchequer and this lasted until 1826. The burning of a large quantity of old tallies led to the burning down of the old Houses of Parliament.” David M. Walker, The Oxford Companion to Law 1207 (1980). 2. Anything used to record an account. 3. An account; a score. Talmud (tahl-muud or tal-mad), n. A work embodying the civil and canonical law of the Jewish people. — Talmudic (tahl-moo-dik or tai-), adj. talweg. See thalweg. TAM. abbr. technical advice memorandum. tame, adj. (Of an animal) domesticated; accustomed to humans. See domestic animal under animal. [Cases: Animals Ot>1.5(3).] tamfacti quam anirni (tarn fak-ti kwam an-a-mi). [Latin] Hist. In deed as well as in intention. tamper, vb. (16c) 1. To meddle so as to alter (a thing); esp., to make changes that are illegal, corrupting, or perverting. 2. To interfere improperly; to meddle. tampering, n. (17c) 1. The act of altering a thing; esp., the act of illegally altering a document or product, such as written evidence or a consumer good. See Model Penal Code §§ 224.4, 241.8; 18 USCA § 1365. 2. The act or an instance of engaging in improper or underhanded dealings, esp. in an attempt to influence. • Tampering with a witness or jury is a criminal offense. See witness tampering; obstruction of justice; embracery. TAN. See tax-anticipation note under note (i). TANF, abbr. temporary assistance to needy FAMILIES. tangible, adj. (16c) 1. Having or possessing physical form; corporeal. 2. Capable of being touched and seen; perceptible to the touch; capable of being pos- 1593 tariff sessed or realized. 3. Capable of being understood by the mind. tangible asset. See asset. tangible chattel paper. See chattel paper. tangible cost. See cost (i). tangible damages. See actual damages under damages. tangible evidence. See evidence. tangible medium of expression. Copyright. Any material form in which a work can be expressed and communicated, either directly or through a machine. • A requirement for copyright is that the work be fixed in a tangible medium of expression. [Cases: Copyrights and Intellectual Property 12(1).] tangible personal property. See property. tangible-personal-property memorandum. A hand- written or signed document that lists items of tangible personal property (such as jewelry, artwork, or furniture) and the persons who should receive the property upon the owner’s death. • This memorandum is a separate document from the property owner’s will, and if referred to by the will, it is a val id testamentary disposition. Unif. Probate Code § 2-513. — Abbr. TPPM. tangible property. See property. tangible thing. See corporeal thing under thing. tangible worth. See worth. tanquam bonus vir (tan-kwam boh-nas veer). [Law Latin] Scots law. As an honest or honorable man. • A tenant was required to run his farm tanquam bonus vir. — Also spelled tamquam bonus vir. tanquam dominus (tan-kwam dom-a-nas). [Law Latin] Hist. As owner. tanquam in libello (tan-kwam in la-bel-oh). [Law Latin] Hist. As if alleged in the libel. tanquam interim dominus (tan-kwam in-tar-im dom-a-nas). [Law Latin] Hist. As the temporary owner. tanquam jure devoluto (tan-kwam joor-ee dee-va-loo-toh). [Law Latin] Hist. As if the right had devolved. See jus DEVOLUTUM. tanquam optimum maximum (tan-kwam op-to-inam mak-sa-mam), [Law Latin] Hist. At its best and fullest. • The phrase was often used in the conveyance of an estate. tanquam quilibet (tan-kwam kwi-la-bet). [Law Latin] Hist. Like any other person. • The phrase usu. referred to certain transactions of the sovereign. tantum ettale (tan-tam et tay-lee). [Latin] Hist. So much and of such a kind. “When a purchaser accepts a subject from the seller tantum et tale as it stands in the person of the latter, he accepts it with all Its advantages and all Its faults; he comes precisely into the right and place of the seller; if the subject or the right sold turns out to be more valuable than was thought, the purchaser has the advantage; if otherwise, he bears the loss." John Trayner, Trayner's Latin Maxims 595 (4th ed. 1894). tapper, n. (1930) 1. A person who approaches another for money; a beggar. 2, By extension, a thief. tapping, n. See wiretapping. tarde venit. A return of a writ that was delivered to the sheriff too late to be executed before the return day. See return day under day. tare (tair), n. 1. A deficiency in the weight or quantity of merchandise resulting from including its container’s weight in the total. 2. An allowance or abatement of a certain weight or quantity that a seller makes to the buyer because of the container’s weight. Cf. tret. target benefit plan. See employee benefit plan. target corporation. See corporation. target defendant. See defendant. target offense. See object offense under offense (i). target price. See price. target witness. See witness, tariff, n. 1. A schedule or system of duties imposed by a government on imported or exported goods. • In the United States, tariffs are imposed on imported goods only. [Cases: Customs Duties O=>23-38.] 2. A duty imposed on imported or exported goods under such a system. See duty (4). ad valorem tariff. A tariff set as a percentage of the imported goods’ value. • This is the primary method used to calculate customs duties. antidumping tariff. A tariff equaling the difference between the price at which the product is sold in the exporting country and the price at which the importer will sell the product in the importing country. • Ihese tariffs are designed to prevent foreign businesses from artificially lowering their prices and gaining unfair advantages outside their home market. — Also termed antidumping duty. See antidumping law. [Cases: Customs Duties C'^21.5.] autonomous tariff. A tariff set by legislation rather than by commercial treaty. common external tariff. A tariff rate that members of a customs union, common market, or economic union uniformly apply to imports from nonmember nations. — Abbr. CXT. - Also termed tariff exterior comtnun. discriminatory tariff. A tariff containing duties that are applied unequally to different countries or manufacturers. preferential tariff. A tariff that favors the products of one country over those of another. Cf. most-favored-nation clause. protective tariff. A tariff designed primarily to give domestic manufacturers economic protection against price competition from abroad, rather than to generate revenue. retaliatory tariff. A tariff imposed to pressure another country into removing its own tariffs or making trade concessions. revenue tariff. A tariff enacted solely or primarily to raise revenue. tariff exterior commun. [French] See common externa! tariff. — Abbr. TEC. 3. A fee that a public utility or telecommunications company may assess for its services. • The tariffs that a provider may charge are limited by statute. [Cases: Public Utilities C3- 119.1; Telecommunications 928.] 4. A schedule listing the rates charged for services provided by a public utility, the U.S. Postal Service, or a business (esp. one that must by law file its rates with a public agency). [Cases: Public Utilities <%M19.1.] 5. A scale of sentences and damages for crimes and injuries, arranged by severity. — tariff, vb. joint tariff. A rate schedule established by two or more carriers covering shipments between places requiring the use of facilities owned by those carriers. [Cases: Carriers 0^30.] Tariff Act of 1930. See smoot-hawley tarifp act. tarnishment. Trademarks. A form of dilution that occurs when a trademark’s unauthorized use degrades the mark and diminishes its distinctive quality. Cf. blurring. [Cases: Trademarks C^' l465.] task order. See task-order contract under contract. task-order contract. See contract. tax, n. (14c) A charge, usu. monetary, imposed by the government on persons, entities, transactions, or property to yield public revenue. • Most broadly, the term embraces all governmental impositions on the person, property, privileges, occupations, and enjoyment of the people, and includes duties, imposts, and excises. Although a tax is often thought of as being pecuniary in nature, it is not necessarily payable in money. [Cases: Internal Revenue C--3001; Taxation C-^OOl.] — tax, vb. “Taxes are the enforced proportional contributions from persons and property, levied by the state by virtue of its sovereignty for the support of government and for all public needs. This definition of taxes, often referred to as 'Cooley’s definition,’ has been quoted and indorsed, or approved, expressly or otherwise, by many different courts. While this definition of taxes characterizes them as ‘contributions,’ other definitions refer to them as 'imposts,' 'duty or impost,' 'charges,' 'burdens,' or ‘exactions’; but these variations in phraseology are of no practical importance.” 1 Thomas M, Cooley, The Law of Taxation § 1, at 61-63 (Clark A. Nichols ed., 4th ed, 1924). accrued tax. (1872) A tax that has been incurred but not yet paid or payable. accumulated-earnings tax. (1957) A penalty tax imposed on a corporation that has retained its earnings in an effort to avoid the income-tax liability arising once the earnings are distributed to shareholders as dividends. — Also termed undistributed-earnings tax. [Cases: Internal Revenue 0^3843-3845,] additional tax. See stopgap tax. admission tax. A tax imposed as part of the price of being admitted to a particular event. [Cases: Public Amusement and Entertainment 50.] ad valorem tax. (1810) A tax imposed proportionally on the value of something (esp. real property), rather than on its quantity or some other measure. [Cases: Taxation O—2061.] ‘‘[A]n ad valorem tax is a tax of a fixed proportion of the value of the property with respect to which the tax is assessed, and requires the intervention of assessors or appraisers to estimate the value of such property before the amount due from each taxpayer can be determined.” 71 Am. Jur. 2d State and Local Taxation § 20, at 355 (1973). alternative minimum tax. (1972) A tax, often a flat rate, potentially imposed on corporations and higher-income individuals to ensure that those taxpayers do not avoid too much (or all) income-tax liability by legitimately using exclusions, deductions, and credits. — Abbr. AMT. — Also termed minimum tax. [Cases: Internal Revenue 0 3350.] amusement tax. A tax on a ticket to a concert, sporting event, or the like. • The tax is usu. expressed as a percentage of the ticket price. [Cases: Public Amusement and Entertainment C~50.] back tax. (oft. pi.) A tax that, though assessed for a previous year or years, remains due and unpaid. betterment tax. See betterment tax, capital-gains tax. (1930) A tax on income derived from the sale of a capital asset. • The federal income tax on capital gains typically has a more favorable tax rate — for example, 20% for an individual and 34% for a corporation — than the otherwise applicable tax rate on ordinary income. See capital gain. [Cases: Internal Revenue 0^3230.1-3260.) capital-stock tax. 1. A tax on capital stock in the hands of a stockholder. [Cases: Taxation <02234.] 2. A state tax for conducting business in the corporate form, usu. imposed on out-of-state corporations for the privilege of doing business in the state. • The tax is usu, assessed as a percentage of the par or assigned value of a corporation’s capital stock. capitation tax. See poll tax. child’s income tax. See kiddie tax. classified tax. A tax system in which different rates are assessed against different types of taxed property, collateral-inheritance tax. A tax levied on the transfer of property by will or intestate succession to a person other than the spouse, a parent, or a descendant of the decedent. Cf. legacy tax. [Cases: Taxation 0^3301,] commutation tax. 1. A combination of two or more taxes that is or can be substituted for something else that could be imposed, such as a demand for other taxes or the performance of personal services. • For example, an excise or franchise taxmay be combined with a local tax in lieu of all other taxes related to the subject matter. 2. Hist. A tax imposed on shipowners, requiring them to post a bond or remit a payment per foreign passenger. • In the 19th-century, the tax was used to discourage immigration and to raise revenue to defray the costs of supporting indigent immigrants who had remained in the U.S. 3. Hist. A 1784 tax intended to reduce tea-smuggling and increase tax revenue by cutting the tax on tea and raising the tax on windows. • To avoid payment of the tax, many people boarded up their windows. consumption tax. A tax imposed on sale of goods or services to be consumed. [Cases: Taxation 3602.] death tax. 1. See estate tax. 2. See inheritance tax. delinquent tax. A tax not paid when due. [Cases: Internal Revenue 0=4827; Taxation 0=2760, 3554, 3697.] direct tax. (18c) A tax that is imposed on property, as distinguished from a tax on a right or privilege. • A direct tax is presumed to be borne by the person upon whom it is assessed, and not “passed on” to some other person. Ad valorem and property taxes are direct taxes. [Cases: Internal Revenue ,50593064; Taxation 0=2061) documentary-stamp transfer tax. See stamp tax. erroneous tax. 1. A tax levied without statutory author- ity, [Cases: Taxation O°2062, 3404, 3607.] 2. A tax on property not subject to taxation. 3. A tax levied by an officer who lacks authority to levy the tax. — Also termed illegal tax. estate tax. (1928) A tax imposed on the transfer of property by will or by intestate succession. — Also termed death tax; death duty. Ci. inheritance tax. [Cases: Internal Revenue '', 4145; Taxation O= 3301.] estimated tax. (1926) A tax paid quarterly by a taxpayer not subject to withholding (such as a self-employed person) based on either the previous year’s tax liability or an estimate of the current year’s tax liability, [Cases: Internal Revenue ■’ 442", 4832, 5219.40; Taxation 0-3554) excess-profits tax. (1918) A tax levied on profits that are beyond a business’s normal profits. • This type of tax is usu. imposed only in times of national emergency (such as war) to discourage profiteering. [Cases: Internal Revenue 0=4130-4136) excise lieu property tax. A tax on the gross premiums received and collected by designated classes of insurance companies. [Cases: Taxation 0=2243) excise tax. See excise. export tax. A tax levied on merchandise and goods shipped or to be shipped out of a country. flat tax. (1952) A tax whose rate remains fixed regardless of the amount of the tax base. • Most sales taxes are flat taxes. — Also termed proportional tax. Ci. progressive tax; regressive tax. [Cases: Taxation O= 3672, 3673.] floor tax. A tax imposed on distilled spirits stored in a warehouse. [Cases: Internal Revenue <0=4314) franchise tax. A tax imposed on the privilege of carrying on a business (esp. as a corporation), usu. measured by the business’s income. See franchise. [Cases: Taxation <02233) general tax. (16c) 1. A tax that returns no special benefit to the taxpayer other than the support of governmental programs that benefit all. [Cases: Taxation 0=2001, 2010.] 2. A property tax or an ad valorem tax that is imposed for no special purpose except to produce public revenue. Cf. special assessment under ASSESSMENT. generation-skipping tax. (1977) A tax on a property transfer that skips a generation. • The tax limits the use of generation-skipping techniques as a means of avoiding estate taxes. [Cases: Internal Revenue 4220.] generation-skipping transfer tax. (1984) A gift or estate tax imposed on a generation-skipping transfer or a generation-skipping trust. IRC (26 USCA) §§ 26012663. — Sometimes shortened to generation-skipping tax; transfer tax. See direct skip; generationskipping transfer; generation-skipping trust under trust; taxable distribution. [Cases: Internal Revenue 0 4220-4228.) gift tax. (1925) A tax imposed when property is voluntarily and gratuitously transferred. • Under federal law, the gift tax is imposed on the donor, but some states tax the donee. [Cases: Internal Revenue O= 4200; Taxation <0-3381) graduated tax. 1. A tax employing a rate schedule with higher marginal rates for larger taxable bases (income, property, transfer, etc.) 2. See progressive tax. gross-income tax. (1916) A tax on gross income, possibly after the deduction for costs of goods sold, rather than on net profits; an income tax without allowance for expenses or deductions. See gross income under income. [Cases: Internal Revenue O= 3110; Taxation 0 3447) gross-receipts tax. A tax on a business’s gross receipts, without a deduction for costs of goods sold, or allowance for expenses or deductions. See gross receipts. [Cases: Taxation 0=3604) head tax. 1. See poll tax. 2. head money (3). hidden tax. (1935) A tax that is paid, often unknow- ingly, by someone other than the person or entity on whom it is levied; esp., a tax imposed on a manufacturer or seller (such as a gasoline producer) who passes it on to consumers in the form of higher sales prices. highway tax. A tax raised to pay for the construction, repair, and maintenance of highways. [Cases: Highways O= 123) holding-company fax. A federal tax imposed on undistributed personal-holding-company income after allowing deductions for such things as dividends paid. IRC (26 USCA) § 545. — Also termed personal-holding-companv tax. [Cases: Internal Revenue O= 3850.1-3858) ' illegal tax. 1. A tax that violates the law, esp, the constitution. • For an example, see poll tax. 2. See erroneous tax. income tax. (18c) A tax on an individual’s or entity’s net income. • The federal income tax — set forth in the Internal Revenue Code — is the federal government’s primary source of revenue, and most states also have income taxes. Cf. property tax; excise. [Cases: Internal Revenue 0=3065-4122; Taxation indirect tax. (18c) A tax on a right or privilege, such as an occupation tax or franchise tax. • An indirect tax is often presumed to be partly or wholly passed on from the nominal taxpayer to another person. [Cases: Licenses 00^1.] inheritance tax. (18c) 1. A tax imposed on a person who inherits property from another (unlike an estate tax, which is imposed on the decedent’s estate). • There is no federal inheritance tax, but some states have an inheritance tax (though it is creditable or deductible under the federal estate tax). — Also termed succession tax; death tax. Cf. estate tax. [Cases: Taxation 0=3301.] 2. Loosely, an estate tax. in lieu tax. A tax imposed as a substitute for another. [Cases: Taxation 0=2295.] intangible tax. A state tax imposed on the privilege of owning, transferring, devising, or otherwise dealing with intangible property. [Cases: Taxation 0=2061.] interest-equalization tax. A tax imposed on a U.S. citizen’s acquisition of stock issued by a foreign issuer or a debt obligation of a foreign obligor, but only if the obligation did not mature within a year. • TTiis tax was repealed in the mid-1970s. IRC (26 USCA) §4911. kiddie tax. (18c) Slang. A federal tax imposed on a child’s unearned income (above an exempt amount) at the parents’ tax rate if the parents’ rate is higher and if the child is under 18 years old, — Also termed child’s income tax. land tax. See property tax. legacy tax. A tax on a legacy, often with the provision that the rate increases as the relationship of the legatee becomes more remote from the testator. • In English law, this tax was known as a legacy duty; it was abolished in 1949. Cf. collateral-inheritance tax. [Cases: Taxation 0=3301.] luxury tax. (1925) An excise tax imposed on high-priced items that are not deemed necessities (such as cars costing more than a specified amount). Cf. sin tax. [Cases: Taxation 0=3602.] minimum tax. See alternative minimum tax. nanny tax. (1993) Slang. A federal social-security tax imposed on the employer of a domestic employee if the employer pays that employee more than a specified amount in total wages in a year. • The term, which is not a technical legal phrase, was popularized in the mid-1990s, when several of President Clinton’s nominees were found not to have paid the social-security tax for their nannies. occupation tax. (1879) An excise tax imposed for the privilege of carrying on a business, trade, or profession. • For example, many states require lawyers to pay an occupation tax. — Also termed occupational tax. [Cases: Licenses 0=;T.] payroll tax. (1936) 1. A tax payable by an employer based on its payroll (such as a social-security tax or an unemployment tax). [Cases; Interna] Revenue 0= 4849; Taxation 0= 3560.] 2. A tax collected by an employer from its employees’ gross pay (such as an income tax or a social-security tax). See withholding tax. per capita tax. See poll tax. personal-holding-company tax. See holding-company tax. personal-property tax. (1863) A tax on personal property (such as jewelry or household furniture) levied by a state or local government. [Cases: Taxation 0=2176.] pickup tax. Slang. A state death tax levied in an amount equal to the federal death-tax credit. — Also termed sponge tax; slack tax. [Cases: Taxation 0=3301.] poll tax. (17c) A fixed tax levied on each person within a jurisdiction. • The 24th Amendment prohibits the federal and state governments from imposing poll taxes as a condition for voting. — Also termed per capita tax; capitation tax; capitation; head tax. [Cases: Elections 0=83; Taxation 0=2050. ] premium tax. A state tax paid by an insurer on premiums paid by the insured. [Cases: Taxation O= 2243.] privilege tax. A tax on the privilege of carry ing on a business or occupation for which a license or franchise is required. [Cases: Licenses 0—1.] progressive tax. (1886) 1. A tax structured so that the effective tax rate increases more than proportionately as the tax base increases, or so that an exemption remains flat or diminishes. • With this type of tax, the percentage of income paid in taxes increases as the taxpayer’s income increases. Most income taxes are progressive, so that higher incomes are taxed at a higher rate. But a tax can be progressive without using graduated rates. — Also termed graduated tax. Cf. regressive tax; flat tax. [Cases: Internal Revenue 0=3545-3552; Taxation 0=3526.] 2. See graduated tax. property tax. (1808) A tax levied on the owner of property (esp. real property), usu. based on the property’s value. • Local governments often impose property taxes to finance school districts, municipal projects, and the like. — Also termed (specif.) land tax. Cf. income tax; excise. [Cases: Taxation O— 2170-2216.] proportional tax. See flat tax. regressive tax. (1893) A tax structured so that the effective tax rate decreases as the tax base increases, • With this type of tax, the percentage of income paid in taxes decreases as the taxpayer’s income increases. A flat tax (such as the typical sales tax) is usu. considered regressive — despite its constant rate — because it is more burdensome for low-income taxpayers than high-income taxpayers. A growing exemption also produces a regressive tax effect. Cf. progressive tax; flat tax. [Cases: Internal Revenue 0= 3545-3552; Taxation 0=3526.] repressive tax. See sin tax. sales tax. (1921) A tax imposed on the sale of goods and services, usu. measured as a percentage of their price, — Also termed retail sales tax. See fiat tax. [Cases: Taxation 0=3602J ‘While the term ‘sales tax’ encompasses a large variety of levies, the term often refers to the ‘retail sales tax,' where the tax is separately stated and collected on a transaction-by-transaction basis from the consumer; although the economic burden of the sales tax falls upon the consumer, the seller has the statutory duty to collect the tax for the taxing jurisdiction.” 68 Am. Jur. 2d Sales and Use Tax § 1, at 11 (1993). self-employment tax. The Social-Security and Medicare tax imposed on the net earnings of a self-employed person. [Cases: Internal Revenue • i " 4.381. service-occupation tax. A tax imposed on persons who sell services, usu. computed as a percentage of net cost of the tangible personal property (e.g., materials and goods) transferred as an incident to the sale. [Cases: Licenses 0^1; Taxation [[ 3658. severance tax. A tax imposed on the value of oil, gas, timber, or other natural resources extracted from the earth. [Cases: Logs and Logging 0=4; Mines and Minerals 0=87.] sinking-fund tax. A tax to be applied to the repayment of a public loan. sin tax. (1971) An excise tax imposed on goods or activities that are considered harmful or immoral (such as cigarettes, liquor, or gambling). — Also termed repressive tax. Cf. luxury tax. slack tax. See pickup tax. special tax. (18c) 1. A tax levied for a unique purpose. 2. A tax (such as an inheritance tax) that is levied in addition to a general tax. [Cases: Taxation 0=24.] specific tax. (18c) A tax imposed as a fixed sum on each article or item of property of a given class or kind without regard to its value. sponge tax. See pickup tax. stamp tax. (18c) A tax imposed by requiring the purchase of a revenue stamp that must be affixed to a legal document (such as a deed or note) before the document can be recorded. — Also termed documentary-stamp transfer tax. [Cases: Internal Revenue 0= 4390-4409.] state tax. (18c) 1. A tax — usu. in the form of a sales or income tax — earmarked for state, rather than federal or municipal, purposes. [Cases: Taxation O=200L] 2. A tax levied under a state law. stock-transfer tax. A tax levied by the federal government and by some states on the transfer or sale of shares of stock. — Often shortened to transfer tax. [Cases: Internal Revenue '0=4404; Taxation <<=■ 2218.] “Some state statutes impose special taxes, usually in the form of a stamp tax, upon sales and agreements for sale and other transfers of stock in corporations. Such a tax is in the nature of an excise tax on the transfer. Taxes on the issuance and transfer of corporate stock, commonly known as ‘stock transfer taxes' and payable by means of stamps, are constitutional, as within the power of state governments," 71 Am. Jur. 2d State and Local Taxation § 643, at 896 (1973). stopgap tax. A tax, usu. temporary, levied during the term of a budget to cover an unexpected deficit. — Also termed additional tax. succession tax. See inheritance tax (1). surtax. (1881) An additional tax imposed on something being taxed or on the primary tax itself. [Cases: Taxation 0=3527.] tonnage tax. See tonnage duty under duty (4). transfer tax. (1890) 1. A tax imposed on the transfer of property, esp. by will, inheritance, or gift. [Cases: Internal Revenue 0=4220-4228; Taxation <0=2218, 3301, 3381.] 2. See stock-transfer tax. 3. See generation-skipping transfer tax. undistributed-earnings tax. See accumulated-earnings tax. unemployment tax. (1937) A tax imposed on an employer by state or federal law to cover the cost of unemployment insurance. • The Federal Unemployment Tax Act (FUTA) provides for a tax based on a percentage of employee earnings but allows a credit for amounts paid in state unemployment taxes. [Cases: Internal Revenue 0-4305,] unified transfer tax. The federal transfer tax imposed equally on property transferred during life or at death. • Until 1977, gift-tax rates were lower than estate taxes. — Also termed unified estate-and-gi ft tax. unitary tax. A tax of income earned locally by a business that transacts business through an affiliated company outside the state or country. See unitary business. [Cases: Taxation 0=3477.] unrelated-business-income tax. (1962) A tax levied on a not-for-profit organization’s taxable income, such as advertising revenue from a publication. [Cases: Internal Revenue 0=4068; Taxation 0=3488.] use tax. A tax imposed on the use of certain goods that are bought outside the taxing authority’s jurisdiction. • Use taxes are designed to discourage the purchase of products that are not subject to the sales tax. [Cases: Taxation 0=3603.] value-added tax. (1935) A tax assessed at each step in the production of a commodity, based on the value added at each step by the difference between the commodity’s production cost and its selling price. • A value-added tax — which is levied in several European countries — effectively acts as a sales tax on the ultimate consumer. — Abbr. VAT. [Cases: Taxation <7=3602.] windfall-profits tax. (1973) A tax imposed on a business or industry as a result of a sudden increase in profits. • An example is the tax imposed on oil companies in 1980 for profits resulting from the Arab oil embargo of the 1970s. [Cases: Internal Revenue <7=4338.] window tax. Hist. English law. A tax imposed on a house containing a certain number of windows (usu. more than six). • It was established under the Taxation Act of 1695 and replaced with a tax on inhabited houses established under the House Tax of 1851. See house-duty. withholding tax. (1927) A portion of income tax that is subtracted from salary, wages, dividends, or other income before the earner receives payment. • The most common example is the income tax and social-security tax withheld by an employer from an employee’s pay. [Cases: Internal Revenue <7=4849; Taxation <(7=3560.] taxable, adj. (16c) 1, Subject to taxation . [Cases: Costs <7=146-194; Federal Civil Procedure 7 2742.| taxable cost. See cost (3). taxable distribution. (1927) A generation-skipping transfer from a trust to the beneficiary (i.e., the skip person) that is neither a direct skip nor a taxable termination. See GENERATION-SKIPPING TRANSFER; generation-skipping transfer tax under tax; generation-skipping trust under trust; skip person, [Cases: Internal Revenue <7=4224,] taxable estate. See estate (3). taxable gift. See gift. taxable income. See income. taxable termination. (1988) A taxable event that occurs when (1) an interest in a generation-skipping trust property terminates (as on the death of a skip person’s parent who possessed the interest), (2) no interest in the trust is held by a nonskip person, and (3) a distribution may be made to a skip person. • Before the creation of taxable terminations in 1976, a taxpayer could create a trust that paid income to a child for life, then to that child’s child for life, and so on without incurring an estate or gift tax liability at the death of each generation’s beneficiary. See generation-skipping transfer; generation-skipping transfer tax under tax; generation-skipping trust under trust; skip person. [Cases: Internal Revenue <7= 4224.] taxable year. See tax year under year. tax accounting. The accounting rules and methods used in determining a taxpayer’s liability. tax-anticipation bill. A short-term obligation issued by the U.S. Treasury to meet the cash flow needs of the government. • Corporations can tender these bills at par value to make quarterly tax payments. — Abbr. TAB. tax-anticipation note. See note (1). tax-anticipation warrant. See warrant (2). tax-apportionment clause. A testamentary provision directing how' inheritance and estate taxes should be paid. [Cases: Internal Revenue . [Cases: Internal Revenue 0=3575-3615.] tax-deferred account. See account. tax-deferred annuity. See 403(b) plan under employee BENEFIT PLAN. tax deficiency. See deficiency (2). tax-deficiency notice. See ninety-day letter. tax denier. See tax protester. tax evasion. (1922) The willful attempt to defeat or cir- cumvent the tax law in order to illegally reduce one’s tax liability. • Tax evasion is punishable by both civil and criminal penalties. — Also termed tax fraud. Cf. tax avoidance. [Cases: Internal Revenue 0=5263; Taxation 0=3232, 3563, 3712.] tax-exempt, adj. (1923) 1. Bylaw not subject to taxation 3545-3552; Taxation C-35253529,] tax rebate. See tax refund. tax redemption. See redemption. tax refund. Money that a taxpayer overpaid and is thus returned by the taxing authority. — Also termed tax rebate. [Cases: Internal Revenue 0-4950; Taxation 2773, 3555, 3699.] tax return. (1870) An income-tax form on which a person or entity reports income, deductions, and exemptions, and on which tax liability is calculated. — Often shortened to return. — Also termed income-tax return. [Cases: Internal Revenue 4470; Taxation 03539, 3688.] amended return. (1861) A return filed after the original return, usu, to correct an error in the original. [Cases: Internal Revenue O' 4479; Taxation O-’ 3539, 3688.] consolidated return. A return that reflects combined financial information for a group of affiliated corporations. [Cases: Internal Revenue <03865-3880; Taxation 0-3541.] false return. See false return (2). information return. (1920) A return, such as a W-2, filed by an entity to report some economic information related to, but other than, tax liability, joint return. (1930) A return filed together by spouses. • A joint return can be filed even if only one spouse had income, but each spouse is usu. individually liable for the tax payment. [Cases: Internal Revenue 4481; Taxation 0^3540.] separate return. (1913) A return filed by each spouse separately, showing income and liability. • Unlike with a joint return, each spouse is individually liable only for taxes due on the separate return. [Cases: Internal Revenue <04481; Taxation 5,11, 113, 114; Wills 0496, 778-803.] ' tenant by the verge. See copyholder. tenant for a term. A tenant whose tenancy is for a defined number of years, months, weeks, or days, set when the tenancy is created. tenant for life. See life tenant. tenant in chief. Hist. A person who held land directly of the king. — Also termed tenant in capite. See in capite. tenant in common. One of two or more tenants who hold the same land by unity of possession but by separate and distinct titles, with each person having an equal right to possess the whole property but no right of survivorship. See tenancy in common under tenancy. [Cases: Tenancy in Common C=> 1.] tenant in demesne (di-mayn or di-meen), A feudal tenant who holds land of, and owes services to, a tenant in service. Cf. tenant in service. tenant in dower. A life tenant who is entitled to hold and use one-third of all the real property owned by her deceased husband. See dower. [Cases; Dower and Curtesy <0113,114.] tenant in fee. The owner of land held in fee. — Also termed tenant in fee simple. [Cases: Estates in Property 0=5.] ' “A tenant in fee simple is lone who owns] lands, tenements, or hereditaments, to hold to him and his heirs forever; generally, absolutely, and simply, without mentioning what heirs, but referring that to his own pleasure, or to the disposition of the law. An estate in fee simple is an estate of inheritance without condition, belonging to the owner, and alienable by him or transmissible to his heirs absolutely and simply; it is an estate or interest in land of one holding absolute and exclusive control and dominion over it, no matter how acquired." 31 C.J.S. Estates § 11, at 27(1996). tenant in service. A feudal tenant who grants an estate to another (a tenant in demesne) and is there- fore entitled to services from the latter. Cf. tenant in demesne. undertenant. See sublessee. 2. One who pays rent for the temporary use and occupation of another’s land under a lease or similar arrangement. See lessee. 3. Archaic. The defendant in a real action (the plaintiff being called a demandant). See real action under action (4). tenancy by the curtesy. See curtesy. tenantable repair. (17c) A repair that will render premises fit for present habitation. See habitability. [Cases: Landlord and Tenant 0 150(1), 152(3), 160(2).] tenantlike, adj. In accordance with the rights and obligations of a tenant, as in matters of repairs, waste, etc. tenant paravail. Archaic. A tenant’s tenant; a sublessor. tenant par la verge. See copyholder. tenant-right. English law. A tenant’s right, upon termination of the tenancy, to payment for unexhausted improvements made on the holding. • This right is governed by the Agricultural Holdings Act of 1986. tenantry. A body or group of tenants. tenant’s fixture. See fixture. tend, vb. 1. To be disposed toward (something). 2. To serve, contribute, or conduce in some degree or way; to have a more or less direct bearing or effect. 3. To be directed or have a tendency to (an end, object, or purpose). ten-day rule. The doctrine that one who sells goods on credit and then learns that the buyer is insolvent has ten days after the buyer receives the goods to demand their return. • The seller has even longer to demand return if the buyer has made a written representation of solvency to the seller within three months before delivery. [Cases: Sales 0^316(1).] tender, n. (16c) 1. A valid and sufficient offer of performance; specif., an unconditional offer of money or performance to satisfy a debt or obligation . • The tender may save the tendering party from a penalty for nonpayment or nonperformance or may, if the other party unjustifiably refuses the tender, place the other party in default. Cf. offer of performance; consignation. [Cases: Contracts C 279; Sales '' ,153,185; Vendor and Purchaser '7 148,170.] tender of delivery. (1821) A seller’s putting and holding conforming goods at the buyer’s disposition and giving the buyer any notification reasonably necessary to take delivery. • The manner, time, and place for tender are determined by the agreement and by Article 2 of the Uniform Commercial Code. [Cases: Sales 0153.] tender of performance. (18c) An obligor’s demonstration of readiness, willingness, and ability to perform the obligation; esp., a buyer’s demonstration of readiness, willingness, and ability to pay the purchase money, or a seller’s offer to deliver merchantable title.* An offer to perform is usu. necessary to hold the defaulting party to a contract liable for breach. [Cases: Contracts ''C' 279.] 2. Something unconditionally offered to satisfy a debt or obligation. [Cases: Tender'Cl, 10.] 3. Contracts. Attempted performance that is frustrated by the act of the party for whose benefit it is to take place. • The performance may take the form of either a tender of goods or services, or a tender of payment. Although this sense is quite similar to sense 1, it differs in making the other party’s refusal part of the definition itself. perfect tender. (18c) A seller’s tender that meets the contractual terms entered into with the buyer concerning the quality and specifications of the goods sold. See perfect-tender rule. [Cases: Sales 153, 177.] 4. An offer or bid put forward for acceptance . [Cases: Payment 10; United States C— 34.] — tender, vb. tender, plea of. See plea of tender. tender offer. A public offer to buy a minimum number of shares directly from a corporation’s shareholders at a fixed price, usu. at a substantial premium over the market price, in an effort to take control of the corporation. — Also termed takeover offer, takeover bid. Cf. public-exchange offer under offer. [Cases: Securities Regulation 52.30-52.50.] “Broadly speaking, a direct solicitation of a corporation's stockholders to sell their shares to an acquirer is known as a tender offer (because the acquirer is asking the existing stockholders to tender their shares for sale).” Franklin A. Gevurtz, Corporation Law§ 7.3, at 673 (2000). cash tender offer. A tender offer in which the bidder offers to paycash for the target’s shares, as opposed to offering other corporate shares in exchange. • Most tender offers involve cash. [Cases: Securities Regulation 52.30-52.50.] creeping tender offer. See creeping acquisition under acquisition. tender of issue. (1811) Common-law pleading. A form attached to a traverse, by which the traversing party refers the issue to the proper mode of trial. [Cases: Pleading Tu' 100, 112.] “[I]t is the object of all pleadings to bring the parties, in the course of their mutual altercations, to an issue that is a single entire point, affirmed on the one side and denied on the other; and it is to effect this object that the above rule was established. There can be no arrival at this point until one or the other of the parties, by the conclusion of his pleading, offers an issue for the acceptance of his opponent, and this offer is called the ‘tender of issue.”’ BenjaminJ. Shipman, Handbook of Common-Law Pleading § 254, at 446 (Henry Winthrop Ballantine ed., 3d ed. 1923). tender-years doctrine. (1954) Family law. The doctrine holding that custody of very young children (usu. five years of age and younger) should generally be awarded to the mother in a divorce unless she is found to be unfit. • This doctrine has been rejected in most states and replaced by a presumption of joint custody. See MATERNAL-PREFERENCE DOCTRINE; PRIMARY-CAREGIVER doctrine. [Cases; Child Custody 0=457.] tender-years hearsay exception. See hearsay exception. tenement. (14c) 1. Property (esp. land) held by freehold; an estate or holding of land. dominant tenement. See dominant estate under estate (4). servient tenement (sar-vee-ant). See servient estate under estate (4). 2. A house or other building used as a residence. 3. An apartment. 4. tenement house. tenement house. (1858) A low-rent apartment building, usu. in poor condition and at best meeting only minimal safety and sanitary conditions. — Sometimes shortened to tenement. tenendas (ta-nen-das), „. [Law Latin “to be held”] Hist. The charter clause stating the nature of the tenure, so called because of the first word of the clause. tenendum (ts-nen-dam). [Latin “to be held”] (17c) A clause in a deed designating the kind of tenure by which the things granted are to be held. — Also termed tenendum clause; (in Scots law) tenendas. See HABENDUM ET TENENDUM. Cf. HABENDUM CLAUSE (l). 10-K. A financial report filed annually with the SEC by a registered corporation. • The report typically includes an audited financial statement, a description of the corporation’s business and financial condition, and summaries of other financial data. — Also termed Form 10-K. Cf. 8-k; 10-Q. [Cases: Securities Regulation ^, 60.27(6).] Tennessee Valley Authority, A government-owned corporation, created in 1933, that conducts a unified program of resource development to advance economic growth in the Tennessee Valley region. • The Authority’s activities include flood control, navigation development, electric-power production, fertilizer development, recreation improvement, and forestry-and-wildlife development. Though its power program is financially self-supporting, the Authority’s other programs are financed primarily by congressional appropriations. — Abbr. TVA. [Cases: United States 0=53(6.1).] tenor, n. 1. An exact copy of an instrument. 2. The exact words of a legal document, esp. as cited in a pleading. 3. The meaning of a legal document, ten-percent bond. See bond (2). 10-Q. An unaudited financial report filed quarterly with the SEC by a registered corporation. • The 10-Q is less detailed than the 10-K. — Also termed Form 10-Q. Cf. 10-K.[Cases: Securities Regulation 0=60.27(6).] tentative agenda. See proposed agenda under agenda. tentative trust. See Totten trust under trust. Tenth Amendment. The constitutional amendment, ratified as part of the Bill of Rights in 1791, providing that any powers not constitutionally delegated to the federal government, nor prohibited to the states, are reserved for the states or the people. — Also termed Reserved Power Clause. [Cases: States 0=4.16.] 1031 exchange (ten-thar-tee-wan). (1972) 1. An exchange of l ike-kind property that is exempt from income-tax consequences under IRC (26 USCA) § 1031. [Cases: Internal Revenue 0=3184.] Cf. tax-free exchange. 2. See tax-free exchange. tenure (ten-yar), n. (15c) 1. A right, term, or mode of holding lands or tenements in subordination to a superior. • In feudal times, real property was held predominantly as part of a tenure system. 2. A particular feudal mode of holding lands, such as socage, gavelkind, villeinage, and frankalmoign. "Most of the feudal incidents and consequences of socage tenure were expressly abolished in New York by the act of 1787; and they were [later] wholly and entirely annihilated by the New York Revised Statutes .... They were also abolished by statute in Connecticut, 1793; and they have never existed, or they have ceased to exist, in all essential respects, in every other state. The only feudal fictions and services to be retained in any part of the United States consist of the feudal principle, that the lands are held of some superior or lord, to whom the obligation of fealty, and to pay a determinate rent, are due, .. . The lord paramount of all socage land was none other than the people of the state, and to them, and them only, the duty of fealty was to be rendered 3 James Kent, Commentaries on American Law *509-10 (George Comstock ed., llth ed. 1866). base tenure. Hist. The holding of property in villeinage rather than by military service or free service. See VILLEINAGE. copyhold tenure. See copyhold, lay tenure. Hist. Any tenure not held through religious service, such as a base tenure or a freehold tenure. • The three historical types of lay tenures are knight-service, socage, and serjeanty. See knight-service; socage; serjeanty. Cf. tenure by divine service. military tenure. A tenure that bears some relation to military service, such as knight-service, grand serjeanty, and cornage. — Also termed tenure in chivalry. spiritual tenure. A tenure that bears some relation to religious exercises, such as frankalmoign and tenure by divine service. tenure adfurcam et flagellum (ad far-kam et fla-jel-am). [Latin] Hist. Tenure by gallows and whip. • This was the meanest of the servile tenures — the bondman was at the disposal of the lord for life and limb. tenure by divine service. Hist. A tenure obligating the tenant to perform an expressly defined divine service, such as singing a certain number of masses or distributing a fixed sum of alms. Cf. lay tenure. tenure in chivalry. See military tenure, villein tenure. See villeinage. 3. A status afforded to a teacher or professor as a protection against summary dismissal without sufficient cause. • This status has long been considered a cornerstone of academic freedom. [Cases: Colleges and Universities 0-S.1 (2); Schools 133.6.] 4. More generally, the legal protection of a long-term relationship, such as employment. [Cases: Officers and Public Employees '0 - 60.] — tenurial (ten-yuur-ee-al), adj. tenured faculty. The members of a school’s teaching staff who hold their positions for life or until retirement, and who may not be discharged except for cause. [Cases: Colleges and Universities 0^8.1(2).] tenure in capite. See in capite. tenure in chivalry. See military tenure under tenure. tepid bench. See lukewarm bench under bench. teratogen (ta-rat-a-jan), n. An agent, usu. a chemical, that causes injury to a fetus or causes any of various birth defects . — teratogenic (ta-rat-a-jen-ik), adj. terce. Hist. Scots law. A widow’s interest in one-third of her husband’s real property, if she has not accepted some other special provision. • The couple must have been married at least a year and a day or else have produced a living child together. See dower. terce land. Hist. Scots law. Income-producing real property in which a widow has a pecuniary interest because it was owned by her husband. tercer. Hist. Scots law. A widow who has an interest in one-third of her husband’s real property. — Also spelled tiercear. tergiversatio (tar-jiv-ar-say-shee-oh), n. [Latin “being reluctant, hanging back”] Roman law. A delay tactic, esp. an accuser’s failure to pursue a criminal charge, perhaps by not appearing at the trial. • To withdraw an accusation, it was necessary to obtain the court’s permission for an annulment (abolitio'). In a.d. 61, a law was passed by which anyone convicted of tergiversatio was subject to a fine. See calumnia. Cf. praevarica-tio. Pl. tergiversationes (tar-jiv-ar-say-shee-oh-neez). term, n. (14c) 1. A word or phrase; esp., an expression that has a fixed meaning in some field . 2. A contractual stipulation . See condition (3). essential term. See fundamental term, fundamental term. (1873) 1. A contractual provi- sion that must be included for a contract to exist; a contractual provision that specifies an essential purpose of the contract, so that a breach of the provision through inadequate performance makes the performance not only defective but essentially different from what had been promised. [Cases: Contracts C=>9(1), 15.] 2. A contractual provision that must be included in the contract to satisfy the statute of frauds. — Also termed essential term; vital term. [Cases: Frauds, Statute of 0^113.] implied term. (18c) A provision not expressly agreed to by the parties but instead read into the contract by a court as being implicit. • An implied term should not, in theory, contradict the contract’s express terms. [Cases: Contracts C—168.| material term. (1839) A contractual provision dealing with a significant issue such as subject matter, price, payment, quantity, quality, duration, or the work to be done. [Cases: Contracts '0 9.] nonessential term. See nonfundamental term, nonfundamental term. (1969) Any contractual provi- sion that is not regarded as a fundamental term. — Also termed nonessential term; nonvital term. [Cases: Contracts <(09(1), 15.] vital term. See fundamental term. 3. (pZ.) Provisions that define an agreement’s scope; conditions or stipulations . 4. A fixed period of time; esp., the period for which an estate is granted . attendant term. (1983) A long period (such as 1,000 years) specified as the duration of a mortgage, created to protect the mortgagor’s heirs’ interest in the land by not taking back title to the land once it is paid for, but rather by assigning title to a trustee who holds the title in trust for the mortgagor and the mortgagor’s heirs. • This arrangement gives the heirs another title to the property in case the interest they inherited proves somehow defective. These types of terms have been largely abolished. See tenancy attendant on the inheritance under tenancy. [Cases: Mortgages ''O 54.] “The advantage derived from attendant terms is the security which they afford to purchasers and mortgagees. If the bona fide purchaser or mortgagee should happen to take a defective conveyance or mortgage, by which he acquires a mere equitable title, he may, by taking an assignment of an outstanding term to a trustee for himself, cure the defect, so far as to entitle himself to the legal estate during the term, in preference to any creditor, of whose incumbrance he had not notice, at or before the time of completing his contract for the purchase or mortgage. He may use this term to protect his possessions, or to recover it when lost. This protection extends generally as against all estates and incumbrances created intermediately between the raising of the term and the time of the purchase or mortgage; and the outstanding term, so assigned to a trustee for the purchaser or mortgagee, will prevail over the intermediate legal title to the inheritance.” 4 James Kent, Commentaries on American Law *87 (George Comstock ed., 11th ed. 1866). satisfied term. (18c) A term of years in land that has satisfied the purpose for which it was created before the term’s expiration. term for deliberating. (1843) The time given a beneficiary to decide whether to accept or reject an inheritance or other succession. term in gross. (1852) A term that is unattached to an estate or inheritance. See tenancy in gross under tenancy. term of years. 1. A fixed period covering a precise number of years. — Also termed tenancy for a term. 2. English law. A fixed period covering less than a year, or a specified number of years and a fraction of a year. • This sense applies under a seminal English statute — the Law of Property Act of 1925. [Cases: [ Landlord and Tenant O-70.] “In effect, 'term of years' seems to mean a term for any period having a fixed and certain duration as a minimum. Thus, in addition to a tenancy for a specified number of years (e.g., ‘to X for ninety-nine years'), such tenancies as a yearly tenancy or a weekly tenancy are ‘terms of years' within the definition, for there is a minimum duration of a year or a week respectively. But a lease 'for the life of X' cannot exist as a legal estate, and the same, perhaps, applies to tenancies at will or at sufferance (if they are estates at all) for their duration is wholly uncertain.” Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 74 (6th ed. 1993). 1 unexpired term. The remainder of a period prescribed by law or by agreement. 5. The period or session during which a court conducts judicial business . — Also termed (in sense 5) term of court. See ! session, [Cases: Courts < 63.| additional term. A distinct, added term to a previous term. [Cases: Courts 0^64.] adjourned term. (18c) A continuance of a previous or regular term but not a separate term; the same term prolonged. [Cases: Courts 63.] . civil term. The period during which a civil court hears cases. criminal term. A term of court during which indictments are found and returned, and criminal trials are held. [Cases: Courts 0^63.] equity term. (1836) The period during which a court tries only equity cases. general term. A regular term of court — that is, the period during which a court ordinarily sits. — Also termed stated term. [Cases: Courts 0^63.] regular term. (1820) A term of court begun at the time appointed bylaw and continued, in the court’s discretion, until the court lawfully adjourns. [Cases: Courts 063.] special term, (1803) A term of court scheduled outside the general term, usu. for conducting extraordinary business. [Cases: Courts C^64,] stated term. See general term. term probatory. Eccles, law.l. The period given to the promoter of an ecclesiastical suit to produce witnesses and prove the case. 2. Hist. The time assigned for taking testimony. — Sometimes termed (in sense 2) probatory term. term to conclude. Eccles, law. A deadline imposed by the judge for all parties to renounce any further exhibits and allegations. term to propound all things. Eccles, law. A deadline imposed by the judge for the parties to exhibit all evidence supporting their positions. 6. Hist. English law. One of the four periods in a year during which the courts are in session to conduct judicial business. • Terms came into use in the 13th century, and (heir dates varied. The four terms — Hilary, Easter, Trinity, and Michaelmas — were abolished by the (udicature Acts of 1873-1875, and the legal year was divided into sittings and vacations. Terms are still maintained by the Inns of Court to determine various time periods and dates, such as a call to the bar or observance of a Grand Day. term annuity. See annuity certain under annuity. term attendant on the inheritance. See tenancy atten- dant on the inheritance under tenancy. term bond. See bond (3). term clause. See habendum clause. term day. See quarter day under day. term deposit. See time deposit under deposit. term fee, English law. A sum that a solicitor may charge a client, and that the client (if successful) may recover from the losing party, payable for each term in which any proceedings following the summons take place. term for deliberating. See term (4). term for years. See tenancy for a term under tenancy. terminable interest. See interest (2), terminable property. See property. terminal disclaimer. See disclaimer. terminate, vb. 1. To put an end to; to bring to an end. 2. To end; to conclude, termination, n. (15c) 1. The act of ending something; extinguishment termination of the partnership by winding up its affairs>. termination of conditional contract. The act of putting an end to all unperformed portions of a conditional contract. [Cases: Contracts 0^-249.] termination of employment. The complete severance of an employer-employee relationship. [Cases: Labor and Employment <0^40(2), 825.] 2. The end of something in time or existence; conclusion or discontinuance 155.] termination-of-parental-rights hearing. See HEARING. termination proceeding. (1939) An administrative action to end a person’s or entity’s status or relationship. • For example, the International Banking Act authorizes the International Banking Board to institute a termination proceeding when a foreign bank or its U.S. agency or branch is convicted of money-laundering. 12 USCA § 3105(e). terminer. See oyer and terminer. term in gross. See term (4). termini habiles (tar-mi-ni hab-a-leez), n. [Law Latin] Hist. Sufficient grounds. • The phrase usu. referred to the facts necessary to establish a prescriptive right. termini sanctorum (tar-mi-ni sangk-tor-am), n. [Law Latin] Hist. The limits of a sanctuary. See sanctuary (1). term interest. Oil & gas. A mineral interest or royalty interest that is not perpetual. • A term interest maybe for a fixed term (e.g., for 25 years) or defeasible (e.g., for 25 years and so long thereafter as there is production from the premises). [Cases: Mines and Minerals 055.] terminus ad quern (tar-mi-nas ad kwem). [Law Latin] Hist. The point to which. • The phrase appeared in reference to the point before which some action must be taken. terminus a quo (tar-mi-nas ay kwoh). [Law Latin] Hist. The point from which. • The phrase appeared in reference to the point from which something is calculated, or the earliest time at which some action is possible. term life insurance. See life insurance. term loan. See loan. term of art. (17c) 1. A word or phrase having a specific, precise meaning in a given specialty, apart from its general meaning in ordinary contexts. • Examples in law include and his heirs and res ipsa loquitur. [Cases: Contracts '3 152; Statutes <0^192.] 2. Loosely, a jargo-nistic word or phrase. — Also termed word of art. term-of-art canon. (1994) In statutory construction, the principle that if a term has acquired a technical or specialized meaning in a particular context, the term should be presumed to have that meaning if used in that context. [Cases: Statutes '3 192.] term of court. See term (5). term of office. The period during which an elected officer or appointee may hold office, perform its functions, and enjoy its privileges and emoluments. [Cases: Officers and Public Employees 3-50-54.] term of years. 1. See term (4). 2. See tenancy for a term under tenancy. termor (tar-mar). (14c) A person who holds lands or tenements for a term of years or for life. term policy. See insurance policy. term probatory. See term (5). terms. See year books. term sheet. Securities. 1. A document setting forth all information that is material to investors about the offering but is not disclosed in the accompanying prospectus or the confirmation. 2. letter of intent. abbreviated term sheet. A term sheet that includes (1) the description of the securities as required by Item 202 of SEC Regulation S-K, or a good summary of that information; and (2) all material changes to the issuer’s affairs required to be disclosed on SEC Form S-3 or F-3, as applicable. termtime. The time of the year when a court is in session. [Cases: Courts '3 63, 65.] term to conclude. See term (5). term to propound all things. See term (5). terra nullius (ter-s nal-ee-as), n. [Latin “the land of no one”] A territory not belonging to any particular country. terre-tenant (tair ten-ant). (15c) 1. One who has actual possession of land; the occupant of land. 2. One who has an interest in a judgment debtor’s land after the judgment creditor’s lien has attached to the land (such as a subsequent purchaser). — Also spelled tertenant (tar-ten-ant). — Also termed land-tenant. [Cases: Judgment 33^793, 794.] territorial, adj. Having to do with a particular geographical area. territorial court. See court. territorialism. (1977) The traditional approach to choice of law, whereby the place of injury or of contract formation determines which state’s law will be applied in a case. See choice of law. territoriality. Int’l law. The principle that a nation has the right of sovereignty within its borders. [Cases: International Law 3_ 7. ] “Three maxims formulated by the seventeenth-century Dutch scholar Ulrich Huber undergird the modern concept of territoriality: (1) a state’s laws have force only within the state's boundaries; (2) anyone found within the state's boundaries is subject to the state’s authority; and (3) comity will discipline sovereign exercises of authority so that the territorial effect of each state's laws is respected.” Paul Goldstein, International Copyright: Principles, Law, and Practice 64 (2001). territorial jurisdiction. See jurisdiction. territorial law. The law that applies to all persons within a given territory regardless of their citizenship or nationality. Cf. personal law. ”[T]he expression ‘territorial law' ... is not confined to the positive rules that regulate acts and events occurring within the jurisdiction, but includes also rules for the choice of law. English rules for the choice of law are part of the law of England and when a court, for instance, tests the substantial validity of a contract made by two foreign- i ers in Paris by reference to French law, it applies a rule imposed by the English sovereign and it may accurately ! be described as putting into force part of the territorial law of England." G.C. Cheshire, Private International Law I 32 (6th ed. 1961). J territorial property. Land and water over which a stale has jurisdiction and control, whether the legal title is held by the state or by a private individual or entity. • Lakes and waters wholly within a state are generally its property, as is the marginal sea within the three-mile limit, but bays and gulfs are not always recognized as state property. [Cases: States '..11.: territorial sea. See territorial waters under water, territorial waters. See water. territory, n. (14c) 1. A geographical area included within a particular government’s jurisdiction; the portion of the earth’s surface that is in a state’s exclusive possession and control. Cf. insular area. [Cases; International LawC A. non-self-governing territory. Int'l law. A territory that is governed by another country. • These types of territories are rarely allowed representation in the governing country’s legislature. trust territory. Int’l law. A territory to which the United Nations’ international trusteeship system formerly applied; a territory once administered by the United Nations or a member state for the political, economic, educational, and social advancement of its inhabitants. • All territories that were subject to this system either became independent nations or ; opted to become part of another nation. i 2. A part of the United States not included within any I state but organized with a separate legislature (such as Guam and the U.S. Virgin Islands). Cf. commonwealth (2); dependency (1). [Cases: Territories 7.] — territorial, adj. “The United States has had territories from its inception. The Northwest Territory, along with the thirteen original states, was a part of the nation when the constitution was ratified. The original U.S. constitution expressly granted Congress the power to govern territories. Before the Civil War all of the territories were on the North American continent and contiguous with the states or the other territories. After the Civil War with the purchase of Alaska in 1867 (called ‘Seward’s Folly' or ‘Seward’s Icebox' by detractors) came the United States' first acquisition of non-contiguous territory. Alaska did, however, have certain basics in common with earlier U.S. territories. Alaska was on the i North American continent and sparsely populated. ... i In the latter part of the 19th century, the U.S. became I interested in various islands around the world.” Stanley 1 K. Laughlin Jr., The Law of United States Territories and I Affiliated Jurisdictions § 3.1, at 25-26 (1995). I territory of a judge. (18c) The territorial jurisdiction of a particular court. See jurisdiction (3). [Cases: Courts 029, 171; Judges 030.] ' terrorem clause. See no-contest clause. terrorism, n. (18c) The use or threat of violence to intimidate or cause panic, esp. as a means of affecting political conduct. See 18 USCA § 2331, See also terroristic threat under threat; terrorism insurance under insurance. [Cases: Extortion and Threats O’25.] — terrorist, adj. & n. bioterrorism. Terrorism involving the intentional release of harmful biological agents, such as bacteria or viruses, into the air, food, or water supply, esp. of humans. — Also termed biological terrorism. cyberterrorism. Terrorism committed by using a computer to make unlawful attacks and threats of attack against computers, networks, and electronically stored information, and actually causing the target to fear or experience harm. domestic terrorism. 1. Terrorism that occurs primarily within the territorial jurisdiction of the United States. 18 USCA § 2331 (5). 2. Terrorism that is carried out against one’s own government or fellow citizens. [Cases: War and National Emergency‘O 50.] ecoterrorism. Terrorism related to environmental issues or animal rights. — Also termed enviroterror-ism; ecological terrorism; environmental terrorism; ecosabotage; ecovandalism. international terrorism. Terrorism that occurs primarily outside the territorial jurisdiction of the United States, or that transcends national boundaries by the means in which it is carried out, the people it is intended to intimidate, or the place where the perpetrators operate or seek asylum. 18 USCA § 2331(1). CL state-sponsored terrorism. [Cases: War and National Emergency O> 50.] state-sponsored terrorism. 1. International terrorism supported by a sovereign government to pursue strategic and political objectives. 2, See state terrorism (1). Cf. international terrorism. state terrorism. 1. Terrorism practiced by a sovereign government, esp. against its own people. • Under international legal principles of sovereignty, a government’s conduct that has effects only within its borders is generally not subject to interference from other nations. 2. See state-sponsored terrorism (1). terrorism insurance. See insurance. terroristic threat. See threat. terrorizing, n. Family law. A parent’s or caregiver’s act of orally assaulting, bullying, or frightening a child, or causing the child to believe that the world is a hostile place. Terry stop. See stop and erisk. tertenant. See tf.rre-tenant. tertia (tar-shee-a), n. Hist. A third. • A widow’s terce was iisu. referred to as tertia rationabilis (“a reasonable third”). tertium quid (tar-shee-am kwid). [Latin] Scots law. A third thing that has qualities distinct from the prior two components. “Thus where, by the confusion of liquids or commixture of solids, the subject produced is of a character different from that of either of its component parts, it is called a tertium pu/d.'John Trayner, Trayner’s Latin Maxims 598 (4th ed. 1894). tertius gaudens (tar-shee-as gaw-denz). [Latin “a rejoicing third”] A third party who profits when two others dispute. testable, adj. (17c) 1. Capable of being tested . 4. Legally qualified to testify as a witness or give evidence 82.] military testament. See soldier’s will under will. mutual testament. See mutual will under will. mystic testament. See mystic will under will. officious testament. Civil law. A will that disposes of property to the testator’s family; a will that reserves the legitime for the testator’s children and other natural heirs. — Also termed officious will. See LEGITIME. sealed testament. See mystic will under will. secret testament. See mystic will under will. testamentary (tes-ta-men-ta-ree or -tree), adj. (14c) 1. Of or relating to a will or testament . [Cases: Wills C--T-20.] 2. Provided for or appointed by a will ctestamentary guardiane 3. Created by a will ctestamentary gift >. testamentary capacity. See capacity (3). testamentary class. See class (3). testamentary condition. See condition (2). testamentary disposition. See disposition (1). testamentary gift. See gift. testamentary guardian. See guardian. testamentary heir. See heir. testamentary instrument. See will. testamentary intent. See intent (1). testamentary power of appointment. See power of appointment. testamentary succession. See succession (2). testamentary transfer. See transfer. testamentary trust. See trust. testamentary trustee. See trustee (1). testamenti factio (tes-ta-men-ti fak-shee-oh). [Latin “right to make a testament”] Roman law. 1. Broadly the capacity to take part in a will, as testator, heir, or witness. 2. The capacity to make a will, open to any citizen, male or female, sui juris, and over puberty. • This term is sometimes known as “active” testamenti factio or testamenti factio activa, though the latter phrase was not known to the Roman law. 3, Hie capacity to receive property by will. • Junian Latini and peregrini did not have this capacity. It is also known as “passive” testamenti factio or testamenti factio passiva, though the latter phrase was (like testamenti factio activa) unknown to the Roman law. 4. The capacity to witness a will. • Women did not have this capacity. — Also termed/acho testamenti. “Under the civil law, this was a power... vested only in the Roman citizen .... The testamenti factio was necessary to any participation whatever in a testament. Without it, no one could make a will, or take a legacy, or even be a witness to the execution of a will.... In Scotch law, this phrase can only signify the power of making a will, as any one may be a beneficiary under another’s settlement.” lohn Trayner, Trayner’s Latin Maxims 216-17 (4th ed. 1894). testamentum (tes-ta-men-tam), n. [I.atin] Roman law. A will. • In early and classical law, the mancipatory will was standard. It was still used in the Later Empire but the in a.d. 446, the holographic will was accepted in the Western Empire. A will could also be made by registration on the court acta. See holographic will, mancipatory will under will. testamentum calatis comitiis (ka-lay-tis ka-mish-ee-is). [Latin “will made before the comitia curiata”] Roman law. In early Rome, a will made before the comitia curiata, having an effect comparable to adrogation. • The comitia curiata was known as the comitia calata when it met twice a year for the purpose of making wills. See comitia curiata under comitia. testamentum holografum (tes-ta-men-tam hol-a-graf-am). [Latin] See holographic will under will. testamentum inprocinctu (in pra-singk-t[yjoo). [Latin “will made before the army”] Roman law. A will made by a soldier before a fellow soldiers while preparing for battle. testamentum militum (tes-ta-men-tsm mil-s-tam). [Latin] See soldier’s will under will. testamentum tripertitum (tri-par-ti-tam). [Latin “tri- partite will”] Roman law. A will made without interruption, with seven witnesses to seal it, and signed by the testator. • This form of will was valid in Justinian’s law. It was called “tripartite” because the authority for various parts of it derived from three sources: the civil law (requiring that the will be made at one and the same time before witnesses); the praetor’s edict (requiring that therebe seven witnesses and that they must seal it); and imperial constitutions (requiring that the testator must sign at the end). testate (tes-tayt), adj. (15c) Having left a will at death 230.] lay opinion testimony. (1942) Evidence given by a witness who is not qualified as an expert but who testifies to opinions or inferences. • In federal court, the admissibility of this testimony is limited to opinions or inferences that are rationally based on the witness’s perception and that will be helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue. Fed. R. Evid. 701. [Cases: Criminal Law 449.1-467; Evidence 470-503.] mediate testimony. See secondary evidence under EVIDENCE. negative testimony. See negative evidence under EVIDENCE. nonverbal testimony. (1922) A photograph, drawing, map, chart, or other depiction used to aid a witness in testifying. • The witness need not have made it, but it must accurately represent something that the witness saw. See demonstrative evidence under evidence. [Cases: Criminal Law C- 437, 438; Evidence 358, 359.] opinion testimony. (1925) Testimony based on one’s belief or idea rather than on direct knowledge of the facts at issue. • Opinion testimony from either a lay witness or an expert witness may be allowed in evidence under certain conditions. See opinion evidence under evidence. [Cases: Criminal Law Cpo 448-494; Evidence 0470-574,] positive testimony. See affirmative testimony, testimony de bene esse (dee bee-nee es-ee also day ben-ay es-ay). (1805) Testimony taken because it is in danger of being lost before it can be given at a trial or hearing, usu, because of the impending death or departure of the witness. • Such testimony is taken in aid of a pending case, while testimony taken under a bill to perpetuate testimony is taken in anticipation of future litigation. See deposition de bene esse under deposition. [Cases: Federal Civil Procedure C—-T291; Pretrial Procedure C~*61.] written testimony. (17c) 1. Testimony given out of court by deposition or affidavit. • The recorded writing, signed by the witness, is considered testimony. [Cases: Federal Civil Procedure 1432; Pretrial Procedure <0=201.] 2. In some administrative agencies and courts, direct narrative testimony that is reduced to writing, to which the witness swears at a hearing or trial before cross-examination takes place in the traditional way [Cases: Administrative Law and Procedure -161: Federal Civil Procedure C - 2011; Trial O33.J testing clause. Scots law. The clause at the end of a formal written instrument or deed by which it is authenticated according to the forms of law. • Traditionally, the clause states the name and address of the writer, the number of pages in the instrument, any alterations or erasures, the names and addresses of the witnesses, the name and address of the person who penned the instrument, and the date and place of signing. testis. [Latin] Hist. A witness. Pl. testes. test oath. See oath of allegiance under oath. test paper. A writing that has been proved genuine and submitted to a jury as a standard by which to determine the authenticity of other writings. • The court decides the test paper’s authenticity as a matter of law before it is used by the jury. Direct evidence, such as a witness to the writing's creation or an admission by the party, is preferred, but strong circumstantial evidence is usu. acceptable. In Pennsylvania, a paper or instrument shown to the jury as evidence is still called a test paper (sometimes written test-paper). Texas ballot. See ballot (4). textbook digest. (1922) A legal text whose aim is to set forth the law of a subject in condensed form, with little or no criticism or discussion of the authorities cited, and no serious attempt to explain or reconcile apparently conflicting decisions. textual citation. See citation (4), textualism. See strict constructionism under constructionism. thalweg (tahl-vayk or -veg), (1831) 1. A line following the lowest part of a (usu, submerged) valley. 2, The middle of the primary navigable channel of a waterway, constituting the boundary between states, — Also spelled talweg. — Also termed midway, [Cases: States 12.1.1 live thalweg. The part of a river channel that is most followed, usu. at the middle of the principal channel. Louisiana v. Mississippi, 466 U.S. 96, 104 S.Ct. 1645 (1984). Thayer presumption. (1958) A presumption that allows the party against whom the presumption operates to come forward with evidence to rebut the presumption, but that does not shift the burden of proof to that party. See James B. Thayer, A Preliminary Treatise on Evidence 31-44 (1898). • Most presumptions that arise in civil trials in federal court are interpreted in this way. Fed. R. Evid. 301. Cf. Morgan presumption. [Cases: Criminal LawC=>324; Evidence 85, 89.] The Federalist. See federalist papers. theft, n. (bef. 12c) 1. The felonious taking and removing of another’s personal property with the intent of depriving the true owner of it; larceny. [Cases: Larceny 1.] 2. Broadly, any act or instance of stealing, including larceny, burglary, embezzlement, and false pretenses. • Many modern penal codes have consolidated such property offenses under the name “theft.” — Also termed (in Latin) crimen furti. See larceny. Cf. ROBBERY. “[T]he distinctions between larceny, embezzlement and false pretenses serve no useful purpose in the criminal law but are useless handicaps from the standpoint of the administration of criminal justice. One solution has been to combine all three in one section of the code under the name of‘larceny.’ This has one disadvantage, however, because it frequently becomes necessary to add a modifier to make clear whether the reference is to common-law larceny or to statutory larceny. To avoid this difficulty some states have employed another word to designate a statutory offense made up of a combination of larceny, embezzlement, and false pretenses. And the word used for this purpose is ‘theft.’ ‘Theft’ is not the name of any common-law offense. At times it has been employed as a synonym of ’larceny,’ but for the most part has been regarded as broader in its general scope. Under such a statute it is not necessary for the indictment charging theft to specify whether the offense Is larceny, embezzlement or false pretenses.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 389-90 (3d ed. 1982). cybertheft. See cybertheft. identity theft. See ident ity theft. petty theft. A theft of a small quantity of cash or of low-value goods or services. • This offense is usu. a misdemeanor. [Cases: Larceny C=*23.] theft by deception. (1930) The use of trickery to obtain another's property, esp. by (1) creating or reinforcing a false impression (as about value), (2) preventing one from obtaining information that would affect one’s judgment about a transaction, or (3) failing to disclose, in a property transfer, a known lien or other legal impediment. Model Penal Code § 223. [Cases: False Pretenses 1.] theft by extortion. (1969) Larceny in which the perpetrator obtains property by threatening to (1) inflict bodily harm on anyone or commit any other criminal offense, (2) accuse anyone of a criminal offense, (3) expose any secret tending to subject any person to hatred, contempt, or ridicule, or impair one’s credit or business reputation, (4) take or withhold action as an official, or cause an official to take or withhold action, (5) bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act, (6) testify or provide information or withhold testimony or information with respect to another’s legal claim or defense, or (7) inflict any other harm that would not benefit the actor. Model Penal Code § 223.4. — Also termed larceny by extortion. See extortion. [Cases: Extortion and Threats C=>25.J.] theft by false pretext. The use of a false pretext to obtain another’s property. [Cases: False Pretenses Ct>1,] theft of property lost, mislaid, or delivered by mistake. (1973) Larceny in which one obtains control of property the person knows to be lost, mislaid, or delivered by mistake (esp. in the amount of property or identity of recipient) and fails to take reasonable measures to restore the property to the rightful owner. Model Penal Code § 223.5. — Also termed larceny of property lost, mislaid, or delivered by mistake. [Cases: LarcenyC lO.] theft of services. (1946) The act of obtaining services from another by deception, threat, coercion, stealth, mechanical tampering, or using a false token or device. See Model Penal Code § 223.7. theftbote. (theft-boht) See bote (2). theftuous (thef-choo-as), adj. 1. (Of an act) characterized by theft. 2. (Of a person) given to stealing. — Also spelled iheftous. thence, adv. (13c) 1, From that place; from that time. • In surveying, and in describing land by courses and distances, this word, preceding each course given, implies that the following course is continuous with the one before it . — Also termed thereabout. thereafter, adv. (bef. 12c) Afterward; later cSkurry was thereafter arrested>. thereat, adv. (bef. 12c) I. At that place or time; there. 2. Because of that; at that occurrence or event. thereby, adv. (bef. 12c) By that means; in that way cBlofeld stepped into the embassy and thereby found protection >. therefor, adv. (bef. 12c) For it or them; for that thing or action; for those things or actions . 2. To that end eshe wanted to become a tax lawyer, and she therefore applied for the university’s renowned LL.M, program in taxation?. — Also termed thereupon. therefrom, adv. (13c) From that, it, or Lhem . therein, adv. (bef. 12c) 1. In that place or time cthe Dallas/Fort Worth metroplex has a population of about 3 million, and some 20,000 lawyers practice therein?. 2. Inside or within that thing; inside or within those things cthere were 3 school buses with 108 children therein?. 3. In that regard, circumstance, or particular