1

abandonee n. A person or party

to whom property or a right has

A
been abandoned or relinquished.

abandonment n. 1 The act of

abandoning property or a right
with no intent of reclaiming it or of
later giving it away or selling it.
See also forfeiture,
relinquishment, renunciation,
AAA abbr. See American surrender, and waiver. 2 The act
Arbitration Association. of abandoning a person with the

AALSabbr.See Association of intent of terminating the duties or

American Law Schools. him or her. For example, the

intentional failure by a parent to
ABA abbr. See American
communicate with or to provide
Bar Association.
financial or other support to his
abandon v. 1 To intentionally children. See also desertion.
give up for all time an assertion or
abate 1 v. To end, eliminate, do
a claim of an interest in property
away with, or make null and void.
or in a right or privilege. 2 To
2 v. To diminish, decrease, or
repudiate, withdraw from, or
lessen in degree or amount. 3 n.
otherwise disassociate oneself
The reduction of a bequest or
from a duty or responsibility. 3 To
devise made in a will because the
intentionally fail to complete.
combined value of all bequests
abandoned propertySee and devises, and/or the debts
property. owed by a testator, exceed the
assets in the testator’s estate. 4
 2

n. The rebate or reduction of does the individual maintain his

taxes already assessed and/or own place of business (B =
paid. business); and 3) does the
individual practice or work at an
abatement n. 1 The act of
established trade, and exercise
abating. 2 The process of, or the
control over his own schedule
state of, being abated. 3 The
and method of operation (C =
amount abated.
control)? The name derives from
abatement clause n. A the letters normally used to
contractual provision releasing designate the three parts of the
the tenant of a lease from the test. See contractor.
obligation to pay rent when an act
abdication n. The act of a person
of God prevents the occupancy of
or branch of government
the premises.
renouncing or abandoning an
abator n. A person who office, trust, sovereignty,
diminishes or eliminates a privileges, or duties to which he
nuisance. or she is entitled, holds, or

ABC test n. A rule of law that possesses by law.

allows employers not to provide abduct v. 1 To carry or lead a

unemployment compensation to person away from where he
independent contractors. The test wants to be or wants to go by use
for whether an individual is an of force, threats, or deception. 2
independent contractor as To restrain or conceal a person in
opposed to an employee is order to prevent his escape or
threefold: 1) does the individual rescue. See also kidnapping.
work independently of the
employer’s control (A = alone); 2)
3

abet v. To actively, knowingly, ab initio adv. Latin. From the first

and/or intentionally aid, act. From the beginning; back to
encourage, incite, instigate, or one’s creation or inception.
otherwise support the
abnormally dangerous activity
commission of an act.
n. An undertaking so dangerous
abeyance that, even if precautions and
reasonable care are used, it
abeyance n. 1 An indefinite or cannot be safely performed and
temporary state of inactivity or anyone who engages in it is
suspension. 2 An incomplete or strictly liable for any resulting
undetermined state of existence. injuries and damage, especially if
3 The status of real property or of 1) there is a risk of serious harm
a position or title when its to people or property, 2) the
ownership or occupancy is not activity cannot be performed in
vested in any existing person or some other way that avoids those
party. risks, and 3) the undertaking does
not normally occur at the location
abide v. 1 To await. 2 To accept
where it is to take place. See also
or submit to. 3 To tolerate or
liability.
withstand. 4 To adhere, execute,
obey, perform, or otherwise act in abode 1 n. A dwelling, home, or
conformity with. 5 To dwell, other fixed place where a person
remain, reside, or stay. resides. 2 v. Past tense and past
participle of abide.
abiding adj. Certain;
indestructible; permanent; abolish v. To abrogate, annul,
steadfast; unaltering; unfaltering; cancel, eliminate, put an end to,
unshakeable. recall, repeal, or revoke,
 4

especially things of a seemingly law made in a court. For example,

permanent nature, such as appellate courts, such as the
customs, institutions, and usages. United States Supreme Court, are
above, or can review, the
abolition n. 1 The act of
decisions made by one or more
abolishing. 2 The legal abolition
trial courts. See jurisdiction,
and prohibition of slavery. 3 The
question of fact, and question
abolition of slavery in the United
of law.
States by the Thirteenth
Amendment to the United States abridge v. 1 To diminish, lessen,
Constitution. or restrict a legal right. 2 To
condense or shorten the whole of
abortion n. 1 The premature
something, such as a book, and
termination of a pregnancy. 2 The
not merely a portion of it.
intentional and artificial
termination of a pregnancy that abrogate v. 1 To annul, cancel,
destroys an embryo or fetus. 3 destroy, overturn, repeal, revoke,
The spontaneous expulsion of an set aside, supercede, or
embryo or fetus before it is otherwise do away with or put an
capable of living outside the end to. 2 To abolish a custom or
womb. law by some authoritative, formal,
legislative, or other legally
above adv. 1 Previously in the
effective method.
same chapter, document, or text.
For example, a reference to a abscond v. 1 To secretly or
court case cited earlier in the suddenly leave a place or to go
same document. 2 Having the into hiding, especially to avoid
power to review the decisions arrest, prosecution, the service of
regarding questions of fact and/or a summons or other legal
5

process, or an action by a also discretion, divorce,

creditor. 2 To leave a location, immunity, privilege, and fee. 2
often in a hurry, with money or Not liable or subject to revisions;
property of another. conclusive. 3 Free from any
restraint or restriction in the
absent without leave n. The act
exercise of government power.
of being away from one’s military
absolute law See natural law.
duties or post without permission
absolute liability See strict
but with no intent of deserting.
liability.
Abbreviated as AWOL. See also
desertion. absolve v. 1 To forgive
misconduct. 2 To free from guilt
absentee n. A person who is not
or suspicion; for example, when
where he or she would normally
evidence proves that a suspect is
be found, such as a place of
innocent of a crime. 3 To free
residence or work. absentee
from the penalties imposed as a
landlord n. A landlord who
result of misconduct. 4 To free
resides so far from the leased
from a debt, duty, obligation, or
real property that his is not, or is
responsibility.
not expected to be, readily
available to personally address abstention n. 1 The act of
any problems concerning the voluntarily refraining from taking
property. absentee voting See some action, such as casting a
voting. absentia See in vote or participating in a decision
absentia. or deliberation. 2 A federal court’s
act of declining to exercise its
absolute n. 1 Without any
jurisdiction while awaiting or
conditions, encumbrance,
deferring to a decision by a state
qualification, or restriction. See
court. In doing so, the federal
 6

court retains jurisdiction of the there is underway a state court

legal issues at hand and may proceeding involving the same
decide those issues if the plaintiff parties and questions. Colorado
is not satisfied with the state River Water Conservation Dist. v.
court’s decision. See also comity United States (1976).
and relinquishment. Several
Pullman abstention. A federal
rationales for a federal court’s
court’s decision to await the
abstention are named for the
interpretation of a state law by
United States Supreme Court
that state’s court before deciding
decision in which the rationale
a federal constitutional question
was first applied. These include:
that is dependant upon how that
Burford abstention. The law is interpreted. Railroad
refusal of a federal court to Commission of Texas v. Pullman
consider a challenge to a Co. (1941).
state’s administrative
Rooker–Feldman abstention. A
regulations and proceedings
federal court’s declining to
or to review a abstention
consider the argument that a
state court judge violates a
state court’s decision involving
party’s federal rights for the
those regulations and
reason that the proper venue to
proceedings when they involve a
challenge that judge is that state’s
substantial or sensitive area of
court system. Rooker v. Fidelity
state concern. Burford v. Sun Oil
Trust Co. (1923) and District of
Co. (1943).
Columbia Court of Appeals v.
Colorado River abstention. A Feldman (1983).
federal court’s act of declining to
exercise its jurisdiction when
7

Thibodaux abstention. A federal judgment, abstract of record,

court’s act of declining to exercise and abstract of title.
its jurisdiction to allow a state
abstract of judgment n. A copy
court to decide difficult issues if
or summary of a court’s
importance in order to avoid
judgment. When it is filed with the
unnecessary friction between
appropriate authorities, a lien is
federal and state authorities.
created on the judgment debtor’s
Louisiana Power & Light Co. v.
nonexempt property in favor of
City of Thibodaux (1959).
the judgment creditor.
Younger abstention. 1 A federal
abstract of record n. A summary
court’s decision to halt or interfere
of the record of a case advising
with a state court’s criminal
an appellate court of the
proceeding unless the
underlying facts, all the steps
prosecution has been brought in
taken to-date in the case, the
bad faith or harassment. 2 A
decision of the trial court, and the
federal court’s decision to halt or
legal issues to be decided.
interfere with a state court
proceeding on the grounds that abstract of title n. A short history

the arguments of the party or summary of the ownership of a

seeking the federal courts parcel of land. The abstract

involvement can be raised and includes a list of all conveyances,

fairly deterabstract transfers, and other evidence of

title; all grants, conveyances,
wills, records, and judicial
mined in the state court.
proceedings that may affect title;
Younger v. Harris (1971).
and a list of encumbrances and
abstract n. A concise summary of liens of record on the land, along
a text. See also abstract of
 8

with a statement whether the e.g., nurse-patient; 2 v. to use an

encumbrances and liens still object in an illegal or
exist. A company whose business unreasonable manner. 3 n. The
is to obtain such information from mental or physical mistreatment
public records usually does such of a person, frequently resulting in
an abstract for the mortgagee or serious emotional, mental,
buyer of real property in physical, and/or sexual injury.
connection with a proposed sale
child abuse. 1 The intentional
of land. See also chain of title.
or neglectful abuse, which
abstraction n. 1 The act of includes sexual mistreatment,
separating, taking away, or inflicted on a child. 2 A parent
withdrawing. 2 The act of taking or caregiver’s intentional or
with the intent to injure or neglectful act or failure to act
defraud. 3 The unauthorized that results in a child’s abuse,
taking of financial statements or exploitation, or death. 3 An act
funds with the intent of or failure to act that results in
misappropriating them. a possibility of immediate and
serious harm to a child. See
abuse 1 v. To mistreat or neglect
also battered person
a person, particularly as to one
syndrome and child neglect.
for whom the actor has special
responsibility by virtue of a elder abuse. The abuse of an
relationship, e.g., spouse, child, elderly person by his or her
elderly parent, or one for whom child or caregiver, that may
the actor has undertaken a duty include battery, verbal abuse,
of care, isolation, and the denial or
deprivation of food.
9

sexual abuse. 1 An illegal right from wrong. The phrase is

sexual act. 2 Unlawful sexual almost exclusively used as a term
activity or contact with a of derision by those
person without her consent. unsympathetic to such claims.
The activity or contact is
abuse of discretion n. A trial
usually imposed by the use of
court or administrative agency’s
force or threats of violence.
ruling on a matter within its
The application of the term
discretion that, in light of the
varies, but it is usually applied
relevant facts and law, is
to activities or contact that do
arbitrary, capricious,
not amount to rape, but
unconscionable, unfair,
sometimes the term includes
unreasonable, or illegal. An
rape. Also called carnal abuse
appellate court will not reverse a
and sex abuse.
ruling that was within the
spousal abuse. The abuse discretion of the trial court or
inflicted on a person by his or administrative agency merely
her spouse. See also because the appellate court
battered person syndrome would have reached a different
and cruelty. decision. Instead, the trial court or
administrative agency’s decision
abuse excuse n. A courtroom
must be wholly inconsistent with
tactic whereby a criminal
the facts and the law and with any
defendant claims that mental or
reasonable deductions that can
physical abuse either explains the
be made therefrom.
defendant’s conduct, especially in
cases involving violence against abuse of process n. The tort of
the alleged abuser, or makes the beginning or otherwise using the
defendant incapable of telling judicial civil or criminal process
 10

for an improper purpose. There depends on many facts, including

may be a legitimate basis for whether the school is a private or
instituting or using the judicial public institution and whether it is
process, but the actual intent a primary or secondary school or
behind the action is improper. a college or university.
See also malicious prosecution.
acceleration n. 1 The shortening
abut v. To adjoin; to border on; to of the time, or the immediate
cease at the point of contact; to creation or accession
connect or join at a border; to
share a common border with. vesting, of a legal duty, interest,
or right that was to arise or vest in
abuttal n. The border of a parcel
the future. See also acceleration
of land in relation to adjoining
clause. 2 The hastening of a real
lands.
property owner’s enjoyment, or
academic freedom n. 1 The right the vesting, of his remainder
of a teacher or student, especially interest in an estate because of
at the college or university level, the failure or premature
to discuss or investigate any termination of a preceding estate.
issue, or to express opinions, on
acceleration clause n. A
any topic without interference or
provision in a contract or in a
fear of penalty or other reprisal
testamentary or other legal
from either the school or the
document that, upon the
government. 2 A school’s
occurrence of specific events, a
freedom to control its own policies
party’s future interest in certain
without government interference,
property will prematurely vest. For
penalty, or reprisal. The extent to
example, in many loan or
which academic freedom exists
mortgage agreements, provision
11

is made that if some specified communicate, enter, pass to and

event occurs, such as the from, or view without interference
debtor’s failure to pay an or obstruction. See also
installment, the creditor may easement and visitation rights.
declare the entire outstanding
accession n. 1 The act of
balance to be immediately due.
acceding or agreeing, especially
acceptance 1 n. The act of when it involves the yielding of
voluntarily agreeing, expressly or part or all of one’s own position. 2
by implication, to the terms of an The act of acceding to, or coming
offer, thereby creating a contract. into possession of, an office,
However, if the act modifies or right, or title. 3 In international
adds to the terms of the offer, it is law, the formal assent by one
not an acceptance, but a county to a treaty between
counteroffer. See also offer. 2 v. accessory
To accept delivery of property or
to otherwise agree, expressly or other countries. By doing so, the
by implication, to become its country becomes a party to the
owner, either in exchange for the treaty. 4 The acquisition of title to
performance of a contractual personal property by applying
obligation or the completion of an labor that converts it into an
inter vivos gift. See also contract entirely different thing (such as
and gift. 3 n. The receipt of a turning leather into shoes) or
check or other negotiable incorporates it into other property.
instrument by a bank or another 5 An artificial or natural addition
drawee. or improvement to property. 6 A
real property owner’s right to all
access n. The ability, opportunity,
that the property produces and to
permission, or right to approach,

all that is artificially or naturally
added to it, such as
reclaimed by the use of dams or
the construction of buildings and
other improvements. See also
annexation.
accessory n. 1 Additional; aiding
the principal design; contributory;
secondary; subordinate;
supplemental. 2 One who aids or
contributes to the commission or
concealment of a crime or assists
others in avoiding apprehension
for the crime but not present
when the crime was committed.
Mere silence or approval of the
crime is insufficient to make one
an accessory; the person must
take steps to facilitate
commission or concealment of
the crime or the avoidance of the
criminal’s capture. See
misprision of
accomplice, aid and
conspiracy, and principal.
accessory after the fact. One
who was not at the scene of a
12
crime but knowingly assists,
land comforts, or receives a person
known to have committed a
crime or to be sought for the
commission or attempted
commission of a crime, in an
attempt to hinder or prevent
the felon’s arrest or
punishment. Such a person is
normally regarded as less
culpable than the criminal and
is subject to prosecution for
obstruction of justice.
accessory before the fact.
One who assists, commands,
counsels, encourages, or
procures another to commit a
crime, but is not present when
the the crime is committed. Such
a person, known as an aider
and abettor, is normally
also considered as culpable as the
felony, person who actually commits
abet, the crime and is normally
treated by the law as an
accomplice. See also aid
and abet.
13

accident n. 1 An unintended, involved. A death may be

unforeseen, and undesirable considered “accidental” even if it
event, especially one that causes was intentional or expected. For
harm, injury, damage, or loss. 2 example, an insurance policy may
An unintended and unexpected provide that its accidental death
event, especially one that is benefit will be paid if the insured
undesirable or harmful, that does is murdered (although generally
not occur in the usual course of not if the beneficiary committed
events under the circumstances the murder).
in which it occurred, or that would
accidental death and
not be reasonably anticipated. 3
dismemberment insurance n.
In equity, an unexpected and
Insurance that pays the insured
injurious event not caused by
or his beneficiaries specified
misconduct, mistake, or
amounts, in addition to or in
negligence. 4 In many automobile
substitution for compensation for
insurance policies, any
injuries suffered by the injured, for
unintentional event including
the loss of specific body parts,
those caused by misconduct,
body functions, or death resulting
mistake, or negligence.
from an accident.
unavoidable accident. An
accidental death benefit n. A
accident that is not caused by
payment, in addition to the
the negligence or other fault of
compensation received by the
anyone involved.
beneficiaries of an accident
accidental death n. Death insurance or life insurance policy,
resulting from an accident from to be made paid if the insured
an unusual event that was suffers an accidental death. See
unanticipated by everyone also double indemnity.
 14

accident See compensation, or consideration.

insurance insuranc See also accommodation party.
(casualty e
accommodation party n. A
insurance).
accommodate See person who, without any direct or

d party dation accomm indirect benefit, compensation, or

party. o- consideration, cosigns a

accommodatin See negotiable instrument as a favor
g party dation accomm to the person who owes the
party. o- money and, thus, becomes liable
accommodation n. 1 Something
on it to all parties except the
done, such as providing a loan or
accommodated party who, by
signing an accommodation paper
implication, agrees to pay the
as a surety for another, that is
instrument and to indemnify the
done as a favor without any direct
accommodation party for any
or indirect benefit, compensation,
losses incurred in paying it. This
or consideration. 2 The act of
is frequently done when the
making a change or provision for
creditworthiness of the
someone or something.
accommodated party does not
accommodation maker See satisfy the person taking the
accommodation party. negotiable instrument or
extending the credit. Also called,
accommodation paper n. A
in the case of a promissory note,
negotiable instrument that one
an accommodation maker.
co-signs as a surety as an
accommodation to another party, account
who remains primarily liable
without receiving any benefit, accomplice n. One who
knowingly, voluntarily, or
15

intentionally, and with common also accord and satisfaction. 2

intent and criminal purpose In legal citation, the identification
shared with the principal offender, of one case that clearly supports
solicits or encourages another to the proposition for which another
commit a crime or assists or case is being quoted.
attempts to assist in its planning
accord and satisfaction n. An
and execution. Normally, one’s
accord that has been satisfied by
mere presence while knowing the
the completion of the agreed
crime is about to be committed,
upon payment or performance.
without any contribution to the
The satisfaction (that is,
commission of the crime, does
completion) of the accord
not make a person an
extinguishes the original
accomplice. However, in some
obligation that the obligee was, or
situations, knowledge combined
considered himself, entitled to.
with the failure to make an
Once satisfied, the subject of the
attempt to prevent the crime will
accord can never be raised in any
make one an accomplice. An
future legal action. See also
accomplice is normally regarded
novation and settlement.
as just as culpable as the person
who actually commits the crime. account n. 1 A detailed record of
See also accessory, aid and a financial transaction, indicating
abet, and conspiracy. the debits and credits between
the parties to a contract or a
accord n. 1 An agreement to
fiduciary relationship. 2 The debt
satisfy a claim by some form of
remaining to be paid, or the credit
discharging the obligation other
to be refunded, as indicated in
than what the obligee is, or
such a record. 3 A detailed record
considers himself, entitled to. See
of the financial transactions,
 16

business accountant-client account creditor n. One to

privilege whom the balance of an account
is owed. See also account
dealings, and other relations for debtor.
which records must be kept. 4 In
account debtor n. 1 One who
the
owes the balance of an account.
Uniform Commercial Code, a 2 In the Uniform Commercial
right to payment for goods whose Code, one who owes an
sale or lease, or for services obligation on an account, chattel
whose performance, are not paper, or intangible property. See
evidenced by a negotiable also debtor and account
instrument or chattel paper. 5 A creditor.
business relationship involving
account payable n. The balance
the management of money or the
owed to a creditor as indicated by
availability and use of credit. 6 In
an account. See also account
the common law, a legal action to
receivable.
require a person to account for
money or property. See also account receivable n. The
accounting. balance owed by a debtor as
7 A statement by which someone indicated by an account. See also
explains, or attempts to explain, account payable.
an event. 8 In business, a
accounting n. 1 The act or a
particular client or customer. See
system of establishing how the
also joint account.
assets of a business, estate,
accountant-client privilege trust, or other similar entity were
See privilege. managed and disposed of. 2 In
equity, a legal action to require
17

one, usually a fiduciary or a See accrual method, cash

constructive trustee, to account method, and contract.
for and pay over funds held by
accounting period n. The
them but owed to another. See
regular span of time used for
also account. 3 In equity, a legal
accounting purposes. For
action for the recovery of funds
example, the period used by a
owed for services performed,
taxpayer to calculate her income
property sold, money loaned, or
and to determine her tax liability.
for damage for the incomplete
performance of minor contracts. accretion n. 1 In property law,
See also account. 4 A legal the gradual increase in land
action to complete or settle all of through natural processes; for
a partnership’s affairs. Usually example, the creation of land
done in connection with the caused by the deposit of
dissolution of the partnership or sediment on a shoreline of a river
with allegations of a partner’s or ocean. The new land becomes
misconduct. See also winding the property of the owner of the
up. property to which it is attached.
See also alluvion, reliction, and
accounting for profits See
avulsion. 2 In succession law,
accounting.
the increase in an heir or
accounting method n. The legatee’s interest in property
accepted method by which a when a co-heir or co-legatee dies
person or business consistently before the property vests, rejects
determines his income and his inheritance or legacy, fails to
expenses and allocates them to comply with a condition to be met
an accounting period in order to before vesting, or otherwise
determine his taxable income.
 18

becomes incapable of taking the presentment. 2 An informal

property. charge that one has committed
an illegal, immoral, or otherwise
accrual method n. An
wrongful act.
accounting method that records
income and expenses when they accusatorial system See
are earned or incurred rather than adversary system.
when they are received or paid.
accuse v. 1 To make an
See also cash method and
accusation against. 2 To
completed contract method.
prosecute. 3 To formally institute
accrue v. 1 To come into
a legal action against a person or
existence or mature as an
corporation wherein they are
enforceable claim or right. For
charged with committing a crime.
example, a cause of action may
4 To judicially or publicly charge
be sued upon once it is an
one with a criminal offense.
enforceable claim. Likewise, the
interest on a sum owed accrues accused n. 1 A person who is

on the date the interest becomes blamed for a wrongdoing. 2 A

due. 2 To accumulate. person who has been arrested or

formally charged by an
accumulated depreciation n.
indictment, information, or
The total depreciation currently
presentment with a crime.
recorded against either a single
or all productive assets. acknowledgment n. 1 The
recognition of a fact or the
accusation n. 1 A formal charge
existence of an obligation and the
of criminal wrongdoing against a
acceptance of the accompanying
person or corporation. See also
legal responsibility. For example,
indictment, information and
a putative father may
19
acknowledge a child as his during
a paternity proceeding. 2 One’s
formal declaration in the presence
of a notary public or
authorized individual that she has
signed a deed or other document
and that the signature
authentic.
ACLUabbr. See American Civil
Liberties Union.
action
acquaintance rapeSee rape.
acquiescence n. Tacit or passive
conduct that implies agreement or
consent. For example, if one
makes a statement and another is
silent when an objection should
be forthcoming, the second
person’s acquiescence to the
statement may be inferred.
acquit v. 1 In criminal law, to
clear a person, to release or set
him free, or to discharge him from
an accusation of committing a
criminal offense after a judicial
finding that he is not guilty of the
crime or after the court or
prosecution determines that the
other case should not continue after the
criminal trial has started. See also
autrefois acquit and double
is jeopardy. 2 In contract law, to
pay or discharge a debt, duty, or
a claim.
acquittal n. 1 In criminal law, the
legal finding, by judge or jury, that
an accused person is not guilty of
the crime he is charged with.
Once the acquittal is reached, the
defendant may not be prosecuted
again for the same criminal act or
transaction. 2 In contract law, the
release or discharge from a debt
or other contractual obligation.
act 1 n. A statute. 2 n. Something
done or performed. 3 v. The
process of doing or performing.
See also actus reus, overt act
and omission.
action n. 1 Any behavior,
conduct, or series of acts by a
 20

person. 2 A civil or criminal is impracticable for all of them

judicial proceeding intended to to participate or be joined as
resolve a legal dispute, claim, or individual parties in the case.
accusation.
criminal action. An action
civil action. An action brought initiated by the government to
to enforce, protect, or redress punish a person or entity for a
a civil or private right or to crime.
compel a civil remedy; any
damage action. An action
action brought other than a
seeking an award of money
criminal action.
from the defendant for a
class action. 1 An action wrong committed upon the
brought by a person or a plaintiff.
group of people as
derivative action. 1 An action
representatives of a larger
brought on behalf of a
group action in personam
corporation by a shareholder
when that corporation is
who have a common legal
entitled to bring an action and,
claim but are so numerous
deliberatively or otherwise,
that it is impracticable for all of
fails to do so. 2 An action that
them to participate or be
is based upon the injury
joined as individual parties in
suffered by someone other
the case. 2 An action brought
than the plaintiff. For example,
against a large group of
a husband may sue for loss of
people who have a common
consortium or services if the
legal defense to a claim that
defendant injured his wife.
they are all potentially liable
for but are so numerous that it
21

in personam action. See in rem. action quasi in rem See

personam. in rem action. See action.
in rem. actionable n. Wrongful conduct
quasi in rem action. An action that provide grounds for a lawsuit
against an out-of-state or other legal proceeding.
defendant over whom the
actionable per quod n. Actions
state lacks in personam
that require the allegation and
jurisdiction that is commenced
proof of additional facts. For
by the attachment,
example, in libel or slander, the
garnishment, or other seizure
statement in question may not
of property owned by the
appear defamatory on its face
defendant that is located
(such as “Mr. Smith is a member
within the state and that is
of a particular club”), so the
unrelated to the plaintiff’s
plaintiff has to prove additional
claim.
facts to establish its defamatory
third-party action. An action nature (“Every member of that
initiated by a defendant in a club is a sex offender”). In such
civil case against a person or actions, the plaintiff has to prove
entity who is not a party to the that he suffered damages in order
proceeding that is against the to have a cause of action.
defendant and against whom
actionable per se n. Actions that
the defendant claims a right of
do not require the allegation or
contribution or indemnity,
proof of additional facts to
should the defendant be found
constitute a cause of action nor
liable to the plaintiff.
any allegation or proof that
action in personam See in damages were suffered. An
personam. action in rem See in example, in libel or slander, is a
 22

statement that obviously constructive. actual authority

damages a person’s reputation See authority.
(such as “Mr. Smith is a sex
actual cash value n. A fair or
offender”) that does not require
reasonable price that can be
any reference to circumstances or
obtained for an item or property in
facts to understand its defamatory
the ordinary course of business,
meaning. In such actions, the
not under duress or exigency.
plaintiff does not have to prove
Synonymous with fair market
that he suffered any damages in
value.
order to have a cause of action.
actuary n. One who computes
act of Congress n. A statute
insurance and property costs,
formally enacted by Congress in
such as the cost of insurance
accordance with the powers
premiums and risks.
granted to it by the United States
Constitution. actus reus n. The voluntary and
wrongful act or omission that
act of God n. An overwhelming
constitutes the physical
natural event, often unpredictable
components of a crime. Because
or difficult to anticipate, that is
a person cannot be punished for
uncontrolled and uninfluenced by
bad thoughts alone, there can be
the power of man and that could
no criminal liability without actus
not be prevented or avoided by
reus.
foresight or prudence.
ADA abbr. See Americans with
actual adj. Real or existing in fact
Disabilities Act.
as opposed to being assumed or
ad damnum n. Latin. To the
deemed to have happened or
damage. The amount of money
exist. See also apparent and
23

sought as damages by the adduce v. To compile or offer,

plaintiff in a civil action. generally in the context of
introducing evidence at trial.
ad damnum clause n. A
statement in the complaint in a ADEA abbr. See Age
civil action that specifies the Discrimination in Employment
amount of money sought by the Act.
plaintiff. See also complaint and
ademption n. The reduction,
prayer.
extinction, or withdrawal of a
addendum n. An addition to a devise or legacy by some act of
document. the testator, before his or her
death, that clearly indicates an
additur n. Latin. It is added to. A
intent to diminish or revoke it. See
trial court’s order to increase the
also ademption by extinction,
damages awarded by a jury. It is
ademption by satisfaction,
done to prevent the plaintiff from
abatement, advancement, and
appealing on the grounds that
lapse.
inadequate damages were
awarded, but the court cannot ademption by extinction n. An
issue the order without the ademption of some specific or
defendant’s consent. ad unique property that occurs when
hominem the property is destroyed, given
away, or sold or does not

The term may also refer to the otherwise exist at the time of the

increase itself, the procedure by testator’s death.

which it is done, and the court’s ademption by satisfaction n. An

power to issue the order. ademption that occurs when the
testator, while alive, gives the
 24

property that is the subject of a adjourn v. To briefly delay,

devise or legacy to the intended suspend, or postpone a court
beneficiary in lieu of the proceeding. See also
testamentary gift. continuance. adjournment sine
die See sine die.
adequate remedy at law n. A
legal remedy, usually an award of adjacent adj. Laying near or
money, that provides sufficient close by, but not necessarily
compensation to the plaintiff, connected. See also adjoining.
thereby making equitable relief, adjudge v. To render a judicial
such as specific performance, decision or judgment concerning
unavailable. a disputed subject that is before
ad hoc adj. Latin. For this; for a the court. For example, a court
particular purpose. For example, may adjudge that a defendant is
ad hoc committees are often obligated to pay the damages
created to accomplish a particular sought by the plaintiff.
purpose. adjudication n. The process of
ad hominem adj. Latin. To the hearing and resolving a dispute
person. Appealing to personal before a court or administrative
prejudices instead of reason; agency. It implies a final judgment
attacking one’s character rather based on the evidence
than his arguments. adjoining presented, as opposed to a
proceeding where the merits of
the case were not considered by
adjoining adj. Abutting;
the court or administrative
bordering upon; sharing a
agency. See also default
common boundary; touching. See
judgment.
also contiguous and adjacent.
25

adjure v. 1 To earnestly and administration n. 1 A court’s

solemnly bind, charge, or management and distribution of
command. Frequently, persons property during a judicial
who are adjured are placed under proceeding. 2 The management
oath or a threat of penalty. For and settlement of the estate of an
example, juries are adjured to intestate or of a testator who has
consider only the evidence no executor by a person
presented at trial as they attempt appointed by the court.
to reach a verdict in an action. 2
administrative agency n. A
To earnestly and solemnly entreat
governmental regulatory body
or request.
that controls and supervises a
adjusted basis n. The value of a particular activity or area of public
taxpayer’s original investment in interest and administers and
property, adjusted by the value of enforces a particular body of law
subsequent capital improvements related to that activity or interest.
and depreciation deductions. See
administrative law n. 1 The law
also basis.
covering the organization, duties,
adjusted gross income n. A and operation of an
taxpayer’s gross income minus administrative agency. 2 The law
the deductions, usually business created by an administrative
deductions, they are allowed agency consisting of rules,
under the tax code. See income. regulations, orders, opinions, or
ad litem adj. Latin. For the suit. reports containing findings of fact
For the purposes of, or pending, and administrative hearing
the particular lawsuit. See also decisions.
administrator ad litem and
guardian ad litem.
 26

administrative law judge n. An testator who has no executor. In

official of an administrative many states, the person can be a
agency who presides at an man or a woman, but in the
administrative hearing and has others, the term refers to a male,
the power to administer oaths, while a female who is appointed
issue subpoenas, and rule on the to perform these duties is called
admissibility of evidence as well an administratrix. See also
as hear, consider, and weigh administrator ad litem and
testimony and other evidence and ancillary administrator.
make or recommend factual or
administrator ad litem n. A
legal decisions.
person appointed by the court to
Administrative Procedure Act represent the interests of an
n. A federal statute governing the estate in an action. Such an
rule-making and administrative appointment is usually made
proceedings of federal because the estate has no
administrative agencies by administrator or because the
providing guidelines for rule- current administrator has
making and adjudicative interests in the action that conflict
hearings, judicial review, and with those of the estate.
public access. Most states have administratrix See
similar statutes governing their administrator.
state administrative agencies.
admiralty and maritime n. All
Abbreviated APA.
things related to events occurring
administrator n. A person at sea and on inland waters.
appointed by the court to manage
admiralty courts n. Federal
a part or all of the assets and
courts exercising jurisdiction over
liabilities of an intestate or of a
27

admiralty and maritime matters. gation in a complaint,

However, in some matters, the
Congress has granted concurrent
jurisdiction to the state courts.
admissible evidence
Evidence permitted by the law to
be considered by a judge or jury
in deciding the merits of an
action. Only admissible evidence
may be considered, but the judge
has the discretion to exclude
admissible evidence from his or
the jury’s consideration.
example, cumulative evidence, or
evidence whose probative value
is outweighed by the risk of
confusing the issues to
decided, may be excluded.
admission n. 1 Any
assertion, or statement made by
a party to an action that is offered
as evidence against that party by
the opponent. 2 A defendant’s
failure to deny, or his voluntary
acknowledgment of the truth, of
an alleadoption
counterclaim, or request for
admissions. 3 The acceptance by
a judge of evidence for
consideration by himself or the
n.
jury when determining the merits
of the action. 4 The granting or
obtaining of a license from a state
or an established licensing
authority, such as a state bar
association, or permission from a
court, to practice law in that state
or before that court. See also
For
admission pro hoc vice.
admission pro hoc vice n. The
granting of special permission to
be an out-ofstate attorney, or an
attorney not admitted to practice
in any state or before any court,
act,
to practice law as counsel for a
party in a particular lawsuit.
admonition n. A judge’s advice,
cautionary statement, direction,
reprimand, or warning to a jury,
lawyer, party, spectator, or
witness regarding any matter that
 28

arises during a judicial legal responsibility for the act of

proceeding. another. See also ratify.

adoption n. 1 In family law, the adoptive

legal process that establishes a
parent/child relationship between adoptive adj. 1 Related by virtue
individuals who are not related by of an adoption. For example, an
blood. Once the adoption is adult who adopts a child is that
completed, the adoptive child child’s adoptive parent. (Although
becomes entitled to all the the adult is referred to as the
privileges belonging to a natural adoptive parent, the minor is
child of the adoptive parents, and known as the adopted child.) 2
the adoptive parents acquire all Pertaining to an adoption of any
the legal rights, duties, and kind. For example, by adoptive
obligations of the child’s natural works or conduct, one may
parents. Furthermore, all legal accept legal responsibility for the
rights, duties, and obligations act of another.
between the child and his or her
ADR abbr. See alternative
natural parents (except, in some
dispute resolution.
states, the obligation to pay
delinquent child support adult n. A person who has

payments) terminates upon the attained the age of majority. See

completion of the adoption. 2 In age.

contract law, the acceptance by a ad testificandum adv. Latin. For

person or entity of the rights and testifying. See subpoena
responsibilities made for their (subpoena ad testificandum). See
benefit under a contract to which also habeas corpus.
she is not a party. 3 To accept
29

adultery n. The voluntary sexual procedures should be employed

intercourse by a married person to prolong one’s life.
with someone other than his or
advance sheets n. A paperback
her spouse. The consent of both
or looseleaf booklet or pamphlet
parties and penetration are
containing recent decisions
required for adultery to exist.
issued by a (usually appellate)
Under the common law, only a
court. Advance sheets are
married woman could commit
published between the
adultery, but most states now
announcement of the court’s
apply the term to married men as
decision and the decision’s
well. Also, in the states where
incorporation in a bound volume
adultery is still a crime, most
of law reports. See also reports
statutes now provide that the
and slip opinion.
unmarried sexual partner of a
married person can also be advancement n. An irrevocable
charged with the offense. See gift to an heir during an intestate’s
also criminal conversation, life, given with the intention that it
fornication, and rape. ad shall diminish or extinguish the
valorem tax See tax. heir’s share of the intestate’s
estate under the laws of intestate
advance n. Monies paid before
succession. See also
any consideration is received in
satisfaction, ademption, and
exchange.
lapse.
advance directive n. A durable
adventure n. Any commercial or
power of attorney that becomes
financial venture involving
effective if and when one
speculation or risk. See also joint
becomes incompetent, and that
venture.
directs the limit to what medical
 30

adversary n. An opponent, decision-maker. In criminal cases,

especially an opposing attorney this is often called the
or party in an action. accusatorial system.

adversary procedure See adverse possession n. A

adversary system. method of acquiring title to real
estate by actually, continuously,
adversary proceeding n. 1 A
and openly occupying the
judicial hearing or other
property for an uninterrupted
proceeding involving a real
amount of time to the exclusion of
dispute between opposing
all others and in defiance of the
parties. See also controversy
real owner’s rights. The required
and ex parte. 2 A proceeding
period of occupancy, as well as
before the Bankruptcy Court to
other possible conditions, are set
settle disputes regarding the
by statute.
distribution of the assets of a
bankrupt. adverse witness See hostile
witness.
adversary system n. A method
of adjudication in which active advice and consent n. Phrase
and unhindered parties, usually found in Article II, Section 2,
through their lawyers, contest Clause 2 of the United States
with each other and present Constitution describing the
support in favor of their respective Senate’s role in confirming
positions, usually through the presidential appointments and
examination and cross- ratifying treaties. The “consent”
examination of witnesses and the takes the form of a vote. Rarely
presentation of other evidence, to does a president formally seek
a neutral and independent the Senate’s advice (it has
31

happened only twice; the last time advocacy n. Active support for a
was in 1848), but senators often legal cause by argument and
advise the president informally as persuasion.
to which potential nominees and
advocate 1 n. One who actively
treaty provisions are acceptable.
assists, defends, pleads,
advisory jury n. Used in cases prosecutes, speaks, writes, or
where there is no jury trial as a otherwise supports the cause of
matter of right but the judge another. 2 n. A lawyer. 3 v. To
desires the non-binding input of a speak, write, or otherwise support
jury. Rarely used. a cause by argument. aff’d abbr.
Affirmed. aff’g abbr. Affirming.
advisory opinion n. A
nonbinding opinion by a court, affiant n. One who makes and
judge, or law officer on the subscribes to an affidavit.
interpretation or constitutionality
affidavit n. A voluntary and
of the law, a proposed statute, or
written ex parte statement of facts
a hypothetical legal question
signed and the truth of its content
submitted to it by a legislative or
affirmed or sworn to affirmative
executive body or an interested
action
party. The United States
Constitution prohibits federal
by the declarant before a notary
courts from issuing advisory
public or another officer
opinions.
authorized to administer oaths.
advisory verdict n. A decision, See also affirmation.
usually non-binding, of an
affidavit of service n. An
advisory jury.
affidavit that certifies the service
of a notice, process, summons, or
 32

writ by stating the time and will testify truthfully. 3 To make a

manner in which the document solemn promise. See also oath.
was served.
affirmation n. 1 The act of
affiliate n. A corporation that is affirming the truth of one’s
related to another corporation by statement. It serves the same
one owning shares of the other, purpose as an oath and is usually
by common ownership, or by done when the declarant objects
other means of control. See also to making an oath on religious or
company (parent) and ethical ground. 2 A voluntary and
subsidiary. written ex parte statement of
facts. It is sometimes required
affinity n. 1 A close agreement. 2
that the document be signed and
The attraction between people. 3
the truth of its content be affirmed
Any relationship created by
by the declarant in the presence
marriage. See also
of a notary public or another
consanguinity. 4 A term used to
officer authorized to administer
describe the relationship that one
oaths. See also oath, affirm, and
has to the adopted or blood (and
affidavit.
usually close) relatives of their
spouse. For example, affinity affirmative action n. Any acts by
exists between a woman and her a private or public entity to
husband’s brother. eliminate discrimination, to
correct or remedy the effects of
affirm v. 1 To confirm, ratify, or
past discrimination, or to
otherwise approve a lower court’s
preaffirmative defense
decision on appeal. 2 To
solemnly declare that certain
vent future discrimination. Such
statements are true or that one
discrimination is usually based on
33

the race, sex, national origin, or an adult, then a 20 year old is,
disability of the person being too.
discriminated against. See also
aforethought adj. Considered in
reverse discrimination.
advance; deliberate;
affirmative defense See
premeditated. See also malice
defense. affirmative easement
aforethought.
See easement. affirmative relief
See relief. after-acquired property n. 1 In
commercial law, property
affix v. To permanently add to,
acquired by a debtor after the
attach, or fasten on.
execution of a security agreement
affray n. The voluntary and wherein property acquired by the
consensual fighting between two debtor before the execution of the
or more individuals in a public agreement has been pledged as
place to the terror of onlookers or collateral for a loan. 2 In
the disturbance of the peace. bankruptcy law, property acquired
There is no affray when a person by a bankrupt after a petition for
is unlawfully attacked and resorts bankruptcy is filed.
to self-defense instead of fleeing.
after-acquired title n. The title
See also assembly.
acquired by a buyer, who
a fortiori v. Latin. By the stronger previously purchased property
(reason). To draw an inference while unaware that the seller did
that when one proposition is true, not have complete title to it, after
then a second proposition must the seller, unbeknownst to the
also be true, especially if the buyer, later acquires complete
second is included in the first. For title to the property. Title
example, if a 19 year old is legally automatically vests in the buyer
 34

upon the completion of events age of capacity. The age,

that would otherwise give usually determined by statute,
complete title to the seller. after- at which a person becomes
born child See child. after-born legally capable of becoming a
heir See heir. party to a contract, executing

A.G.abbr. See Attorney General. a testamentary document

(such as a trust or will), initiate
against the (manifest) (weight
a lawsuit without a guardian,
of the) evidence n. An
and so on. See capacity.
evidentiary standard allowing a
trial judge to set aside a jury’s age of consent. 1 The age,

judgment or verdict and order a usually determined by statute,

new trial when it clearly appears below which a person may not

to the judge that the jury’s marry without parental

decision is unsupported by the consent. See also consent. 2

credible evidence presented at The age, usually determined

trial; is based upon false evidence by statute, below which a

or some improper motive, bias, or person is legally incapable of

feelings; or would result in a consenting to sexual

miscarriage of justice. However, intercourse. See consent and

this does not permit a judge to rape.

substitute the jury’s decision with age of majority. The age,

his own merely because he usually determined by statute,
disagrees with the decision. at which a person attains full

age n. A period of time, especially civil, legal, and political rights.

one marking the time of existence See also age of consent.

or the duration of life.

35

age of reason. 1 The age, Age Discrimination in

usually determined by statute, Employment Act n. Federal
below which a child cannot be statute that protects most
legally capable of committing employees between 40 and 70
a crime. 2 The age, usually years of age from age
determined by statute or case discrimination in the workforce.
law, below which a child Other federal and local laws
cannot be legally capable of provide other protections against
committing a tort. age discrimination in such areas
as housing. Abbreviated ADEA.
legal age. The age, usually
determined by statute, at agency n. 1 A fiduciary
which a person becomes relationship in which a person or
legally capable to exercise a entity act, by mutual consent, for
specific right or privilege or to the benefit of another and bind
assume a specific the other party by words or
responsibility. For example, in deeds. See agent, authority,
many states, a person may fiduciary and principal. 2 A
legally drive an automobile governmental body with the legal
once she is 16 years of age, authority to administer and
but has to wait until she is 21 implement specific legislation.
to legally drink alcohol.
agency couple with an interest
age discrimination n. The denial n. A relationship between
of privilege or other unfair principal and agent in which the
treatment based on the age of the agent is given an interest in the
person who is discriminated subject matter of the agency.
against.
 36

agent n. One who by mutual aggravating circumstancesn.

consent is authorized to act for Circumstances, facts, or
another. See agency, authority, situations that increase the
and principal. agreement culpability, liability, or the
measure of damages or
aggravated adj. In criminal and punishment for a crime or a tort.
tort law, a crime or tort becoming aggregate 1 n. The sum, total, or
worse or more serious due to whole of all the parts. 2 v. To
certain circumstances collect or combine.
(determined by a statute for
aggravated crimes and usually by aggregation doctrine n. The rule

statute and case law for that prevents a party from

aggravated torts) that occur or combining the amounts in

are present during the controversy in all of their claims in

commission of the crime or tort, order to exceed the jurisdictional

such as the possession of a amount requirement in a federal

deadly weapon, the youthfulness diversity of citizenship case. See

or pregnancy of the victim, or the also amount in controversy and

reckless disregard for the other jurisdiction (jurisdictional

people’s safety. The perpetrator amount).

of an aggravated crime is usually aggrieved adj. To be adversely

subject to more severe penalties affected, or to perceive oneself as
than for unaggravated forms of being so, by an act or situation or
offense. The perpetrator of an by a court’s decision.
aggravated tort is subject to
agreement n. 1 A mutual
punitive damages. See also
understanding between two or
mitigating circumstance and
more legally competent
simple.
37

individuals or entities about their even though the contract’s

rights and duties regarding their exact terms have not yet been
past or future performances and decided; non-binding.
consideration. While an
binding agreement. An
agreement usually leads to a aid
enforceable agreement or
and abet
contract.

collective bargaining
contract, it could also be an
agreement. A contract
executed sale, a gift or other
between an employer and a
transfer of property, or a promise
union or other representative,
without a legal obligation. 2 The
voluntarily selected by a
understanding between two or
majority of the employer’s
more legally competent
workers within a bargaining
individuals or entities about the
group, concerning the wages,
rights and duties regarding their
hours, and other conditions of
past or future performances and
employment for that group.
consideration as manifested by
their language (oral or written) or divorce agreement. An
by implication from other agreement between spouses
circumstances such as the usage made during a divorce
of trade and the course of concerning child custody,
performance. See also contract. child and spousal support,
property distribution, and
agreement to agree. A mutual
other matters. Such
understanding between two or
agreements are usually
more legally competent
incorporated into the parties’
individuals or entities that they
divorce decree. See
will later enter into a contract
separation agreement.
 38

gentlemen’s agreement. An made before their marriage to

agreement not intended by determine the right to support
the parties to be legally and each other’s property in
enforceable, but that is case of death or divorce.
expected to be performed or Generally, such agreements
followed as a matter of are enforceable, especially if
friendship or honor. May or both parties make a full
may not involve illegal subject disclosure of individual assets
matter such as gambling bets. and have consulted with their
own attorneys. See also
postnuptial agreement. An
postnuptial agreement and
agreement between spouses
separation agreement.
made during their marriage to
determine the right to support property settlement
and each other’s property in agreement. See separation
case of death or divorce. Such agreement.
agreements are not
separation agreement. An
enforceable unless each party
agreement between spouses
makes a full disclosure to the
made during a divorce or
other of their assets and has
while obtaining a legal
consulted with their own
separation concerning child
attorneys. Even then, most
custody, child and spousal
such agreements are not
support, property distribution,
enforceable unless made by
and other matters. Such
spouses who are in the midst
agreements are usually
of a separation or divorce.
incorporated into the parties’
prenuptial agreement. An divorce decree or into a
agreement between spouses judicial decree granting a
39

separation to the parties. liable, and subject to the same

Frequently referred to as measurement of damages and
property settlement penalties, as the person who
agreement (PSA). commits the crime or the tort. See
also accessory, accomplice and
simple agreement. An
conspiracy. air piracy See
agreement for which nothing
hijack.
is legally required to make it
enforceable other then some air rights n. The ownership or
evidence that the agreement right to use any or all of the
was made and the parties airspace above one’s real
consent to it. property.

unconscionable agreement. a.k.a. abbr. “Also known as.” See

Same as adhesion contract. alias.
See contract.
aleatory adj. Dependant on the
aid and abet v. To order, occurrence of an uncertain
encourage, facilitate, or to contingent event.
actively, knowingly, intentionally,
aleatory contract n. A contract in
or purposefully assist, or
which the performance of at least
otherwise promote or attempt to
one party depends upon the
promote the commission of a
occurrence of an uncertain future
crime or a tort. Affirmative
event.
conduct is regarded; aiding and
abetting cannot be established by Alford plea n. A guilty plea

omission or negative entered as part of a plea bargain

acquiescence. The person who by a criminal defendant who

aids and abets is usually just as denies committing the crime or

who does not actually admit his
 40

guilt. In federal courts, such plea not a citizen, national, or subject

may be accepted as long as there of the country in which he
is evidence that the defendant is resides. 3 One who is born in or
actually guilty. Named after North owes his allegiance to a foreign
Carolina v. Alford (1970). country.

ALI abbr. See American deportable alien. An alien who

Law Institute. may be deported because she
was an inadmissible alien
alias n. 1 An assumed or
when she entered the United
additional name used by a
States or has violated the
person, frequently to conceal her
regulations (for example, by
true identity, or such a name
committing a serious crime)
applied to a person by others.
governing the conduct of
See also known as. 2 An alias
aliens who are within the
writ. alias writ See writ.
country.
alibi n. 1 In a criminal action, a
illegal alien. 1 An alien who
defense that the defendant was
enters or remains in the
somewhere other than the scene
United States without legal
of the crime when the crime was
authorization or by fraud. 2 An
committed. 2 The fact or state of
alien who marries an
being somewhere other than the
American citizen, but with no
scene of the crime when the
intention of living with his or
crime was committed.
her spouse as husband and
alienation of affections wife, for the purpose of

alien n. 1 One who is not a improperly entering the United

citizen, national, or subject of a States or avoiding

particular country. 2 One who is deportation.

41

inadmissible alien. An alien adultery or some other act that

who cannot legally enter the deprives one of the affection of a
United States. There are spouse. alienee
many reasons why an alien
may be prohibited from entry,
including a criminal record or
It also includes mental pain and
poor health.
suffering such as anguish,
nonresident alien. An alien humiliation, embarrassment, and
who permanently resides loss of social position as well as
outside the United States. actual financial losses caused by

resident alien. An alien who the disruption or destruction of

legally established permanent the marital relationship. See

residency in the United consortium.

States. alienee n. One to whom

alienation n. In real property law, property is alienated.

the voluntary and absolute alienor n. One who

transfer of title of possession, by alienates property to another
gift, sale, or testamentary person or entity.
instrument, of real property from
alimony n. Money paid after
one to another.
divorce to former spouse for
alienation of affections n. In tort support, usually for a specified
law, the willful or malicious period of time, by court order or
interference with the relationship written agreement. If paid during
between a husband and wife by a pendency of the divorce
third party without justification or proceedings, referred to as
excuse. The interference may be

alimony pendente lite. See
pendente lite.
aliunde rule n. The doctrine that
a verdict may not be called into
question by a juror’s testimony
without a foundation for that
testimony being first established
by competent evidence from
another source. For example, a
verdict may not be overturned on
the testimony of a juror that he
was bribed, unless there was first
evidence from another source of
the bribery.
ALJn. abbr. Administration law
judge.
allegation n. 1 An assertion of
fact that one intends to prove at
trial, especially one in a legal
pleading such as a complaint,
counterclaim, or indictment. 2 Any
declaration of something to be
true without giving any proof.
Allen charge n. In criminal law,
an instruction given by a judge to
encourage a deadlocked jury to
42
make a renewed effort to reach a
verdict. Named after Allen v.
United States (1896).
allocution n. 1 The procedure
during sentencing when a judge
gives a convicted defendant the
opportunity to make a personal
statement on his own behalf to
mitigate the punishment that is
about to be imposed. The
defendant does not have to be
sworn before he makes his
address, his comments are not
subject to cross-examination, and
the opportunity may include the
right to offer evidence (such as an
explanation for his conduct or a
reason why severe sentence
should not be imposed) beyond a
request for mercy or an apology
for his conduct. 2 A similar
procedure where the victim of a
crime is given in some states the
opportunity to personally speak,
before punishment is imposed,
about the pain and suffering
suffered or about the convicted
43

defendant. 3 The procedure by competing claims to the estate. If

which a guilty plea can be statutorily available is only to the
accepted in a criminal action. The surviving spouse, it is known as a
process usually consists of a spousal (or widow’s or widower’s)
series of questions designed to allowance. If statutorily available
assure the judge that the is to surviving spouse, children, or
defendant understands the parents, it is known as a family
charges, is guilty of the crime he allowance. See also elective
is accused of, understands the share. 3 The court-ordered
consequences of a guilty plea financial award to a fiduciary for
and that he is entitled to a trial, services rendered. 4 A deduction.
and is voluntarily entering the alluvion n. The creation of land
plea. allodial See ownership caused by the gradual depositing,
and allodium. either by artificial or natural
forces, of earth, sand, gravel, and
allodium n. Real property owned
similar materials along the
absolutely and free of any
shoreline of a river or ocean by
obligation to another with a
running water. The new land
superior vested right.
becomes the property of the
allowance n. 1 A portion or owner of the property to which it
share, especially of money. 2 A is attached, provided the
portion of a decedent’s estate accumulation is so gradual that it
awarded by statute to the cannot be visibly perceived from
decedent’s survivors for support moment to moment. See also
during the administration of the accretion, reliction, alluvium,
estate, regardless of whether they and avulsion.
have any rights to the estate or
any testamentary disposition or
 44

alluvium n. The land created business and that there was no

by alluvion. real separation between the
individual’s and the corporation’s
alonge n. A piece of paper
identity. See also corporate
occasionally attached to a
(corporate veil).
negotiable instrument for the
signing of endorsements once the a.k.a.abbr. See also known as.
original instrument is filled with
alternative dispute resolution
endorsements.
n. Formal methods of settling
also known as n. Phrase used disputes other than by court
before a list of names used by a action, collectively referred to as
specific individual in order to alternative dispute resolution or
avoid confusion about the ADR. See also arbitration,
person’s true identity or by others conciliation, mediation, and
when referring to the individual. summary proceeding.
See also a.k.a. and alias.
a mensa et thoro
alteration See material
alteration.
alternative minimum tax See
alter ego n. The other self. A tax. alternative pleading See
doctrine allowing a court to ignore pleadings. alternative writ
the limited personal liability of a See writ.
person who acts in a corporate ambiguity n. A confusion or
capacity and impose personal uncertainty about the intention or
liability for the corporation’s meaning, especially of a provision
wrongful acts when it is shown in a contract or statute.
that the individual was using the
latent ambiguity. An ambiguity
corporation to conduct personal
that is not obvious and is
45

unlikely to be found while toward; capable of being

using reasonable care. For persuaded.
example, a third party contract
amend v. To add to, delete,
that provides for a payment to
correct, revise, or otherwise alter.
be made to a charity, but two
charities exist with the same amendment n. 1 The addition,
name. Extrinsic evidence, if deletion, correction, or other
allowed, may be required to changes proposed or made to a
determine the correct document. The term is usually
interpretation of the ambiguity. capitalized when referring to an
However, if each party, in amendment in the United States
good faith interprets the Constitution (for example, the
ambiguity differently, the Fifth Amendment). 2 The act or
meeting of the minds process or revising something.
necessary to create a valid See also emendation.
contract is not present. a mensa et thoro adv. Latin.
patent ambiguity. An From board and hearth. See also
ambiguity that is obvious or divorce. amercement
apparent upon reasonable
inspection. ameliorating waste amercement n. 1 The imposition
See waste. of a discretionary fine or penalty

amenable adj. 1 Legally in an amount not set by statute. 2

answerable; required to respond; The fine or penalty so imposed.

responsible; subject to. 2 American Arbitration

Capable of being tested, Association n. A national
adjudged, or brought to judgment. organization that promotes the
3 Susceptible to; disposed use of arbitration to resolve
 46

commercial and labor disputes. It American Law Institute n. A

also maintains a panel of national organization of attorneys,
arbitrators for those who wish to judges, and legal scholars who
utilize their services. Abbreviated seek to promote consistency,
AAA. clarity, and simplification in the
law through such projects as the
American Bar Association n.
Restatements of the Law and the
The largest national organization
Model Penal Code. Abbreviated
of lawyers, it promotes
ALI.
improvements and reform in the
administration of justice and in American Stock Exchange n.
the provision of legal services to The second largest stock
the public. Abbreviated ABA. exchange in the United States.
Located in New York City, it
American Bar Foundation n. A
frequently engages in the trading
subsidiary of the American Bar
of stock of small or new
Association that funds and
companies because of its less
sponsors projects in lawrelated
rigid listing requirements.
education, research, and social
Abbreviated as AMEX and ASE.
studies.
See also New York Stock
American Civil Liberties Union Exchange.
n. A national organization of
Americans with Disabilities Act
lawyers and others who are
n. Federal law enacted in 1990 to
interested in enforcing and
protect individuals with physical
preserving the individual rights
or mental disabilities from
and civil liberties guaranteed by
intentional or unintentional
the federal and state
discrimination in housing,
constitutions. Abbreviated ACLU.
employment, education, access
47

to public services, etc. time. Also referred to as grant of

Abbreviated ADA. amnesty.

AMEX abbr. See American amortize v. 1 To gradually

Stock Exchange.
amicus briefSee brief.
amicus curiae n. Latin. Friend of
the court. One who is not a party
to an action but petitions the court
or is invited by the court to
provide information or submit her
views because she has a strong
interest in the case at hand or a
perspective that may not be
adequately presented by the
parties.
amnesty n. A pardon for past
criminal offenses for a class or
group of individuals who are
subject to trial but have not yet
been convicted. Amnesty may be
limited or conditional. For
example, amnesty may be offered
only to those who perform a
certain act, such as community
service, within a specific period of
extinguish a debt in advance of its
maturity, usually by paying
regular installments in excess of
the accrued interest each time a
periodic interest payment is due.
See also sinking fund. 2 To
arrange to gradually extinguish a
debt. 3 To apportion the initial
cost of an intangible asset each
year over the course of the
asset’s useful life until the entire
cost has been used up.
amount in controversy n. The
monetary damages sought by a
party in an action; the value of a
claim even if not expressly stated
in the pleadings. See
aggregation doctrine and
jurisdiction (jurisdictional
amount).
AMT abbr. Alternative minimum
tax. See tax.
 48

ancestor n. 1 One, such as a physician who negligently

parent, grandparent, great- prescribed an unsafe drug may
grandparent, who precedes be ancillary to a claim against the
another in lineage. 2 Any relative drug manufacturer who produced
from whom one inherits by the medication. See jurisdiction.
intestate succession. ancient
ancillary jurisdiction See
document See document.
jurisdiction. and his heirs See
ancillary adj. Auxiliary; collateral; heir.
dependant; supplemental; Anders brief n. A request filed by
subordinate. a court-appointed attorney to

ancillary administrator n. A withdraw from the appeal of a

person appointed by the court in criminal case because of his

a state where the descendant belief that the grounds for the

was not domiciled to manage the appeal are frivolous. Named after

assets and liabilities and to Anders v. California (1967).

oversee the distribution of animus adj. Latin. Purposefully;

decedent’s estate in that state.
Such an administrator usually
works as an adjunct to the
executor or administrator
appointed in the state where the
decedent was domiciled.
intentionally. 1 Animosity;
hostility; ill will; strong dislike;
hate. 2 The animating thought,
intention, or purpose of an act.
annul

ancillary claim n. A claim that is annex v. 1 To add, affix, or

auxiliary to, supplemental to, or append as an additional or minor
dependant on another claim. For part to an already existing item,
example, a claim against a such as a document, building, or
49
land. 2 To attach as an attribute,
condition, or consequence.
annexation n. 1 The act of
annexing; the state of being
annexed. 2 The point in time
when an addition or addendum
becomes part of the thing to
which it attached. 3 The formal
act of a political unit, such as a
nation, state, or municipality,
annexing land to its’ domain. 4
Annexed land.
annotation n. Comments that
analyze, explain, or criticize, or a
collection of brief summaries of
appellate cases that have applied
or interpreted, a particular
statutory provision. These
comments and summaries are
appended to, and published with,
the statute in a set of volumes.
For example, the United States
Code Annotated contains the
statutes of the United States and,
after each statutory provision are
the comments and summaries
pertaining to that provision.
annuitant n. One entitled to the
periodical payments, but not the
principal, of an annuity.
annuity n. A fixed sum paid out
at regular intervals for a certain
period of time and subject to
limitations set by the grantor. For
example, a person may be
entitled to fixed and periodic
payments for the rest of his life
once he reaches a certain age.
See also life estate and trust.
annul v. 1 To cancel, make
ineffective, invalidate, nullify, void.
2 To judicially declare something
to be void either from the date of
decree or ab initio. 3 To make an
ecclesiastical or judicial
declaration that a marriage is void
ab initio and never existed. See
also divorce. answer
answer 1 v. To respond to a
pleading, discovery request, or
other judicial process or
procedural step. 2 v. To address
or counter allegations, account for
 50

one’s actions, or otherwise put up anticipatory repudiation Same

a defense. 3 v. To assume the as anticipatory breach. See
liability or responsibility for breach of contract.
another’s actions. 4 v. To pay a
antidumping law n. A federal
debt or other liability; to suffer the
statute authorizing the imposition
consequences for one’s actions.
of special duties on imported
5 n. A pleading that is a
foreign goods when the
defendant’s principal response to
manufacturers are attempting to
a plaintiff’s complaint. It denies,
sell the goods in the United
admits, or otherwise addresses
States at less than fair value to
each of the allegations in the
the material detriment of
complaint. It also usually sets
American industry. See
forth the defendant’s affirmative
dumping.
defenses and counterclaims. See
also reply. antilapse statute n. A statute
enacted in most states allowing
ante adv. Latin. Before. Before in
the heirs of a devisee or legatee
time, order, or position; in front of.
who dies before the testator to
See also post.
take the testamentary gift
antenuptial agreement n. Same intended for the devisee or
as prenuptial agreement, legatee. Without the statute, the
although less commonly used. gift would fail and go to the
See agreement. residuary beneficiary (if any) or to
the testator’s intestate heirs. For
anticipatory breach See
example, without the statute, a
breach of contract.
bequest to a son who dies before
his father would lapse, and the
grandchildren could receive
51

nothing, but with it, the apparent adj. 1 Readily

grandchildren would receive the
gift that would have gone to the
son. Often, these statutes apply
only to the heirs of the testator’s
relatives who are named as
devises and legatees in
testamentary document. See also
lapse.
antitrust law n. The body of law,
primarily consisting of federal
statutes, designed to promote
free competition in trade and
commerce by outlawing various
practices that restrain
marketplace. See also Clayton
Act and Sherman Antitrust Act.
perceived; manifest; obvious;
visible. 2 Seeming, but not actual
or real. See also actual and
constructive. apparent
authority See authority.
the
appeal n. 1 The process to seek
and obtain a review and reversal
by a court of a lower court’s
decision. 2 The process to seek
and obtain a review and reversal
of an administrative decision by a
court or by a higher authority
within the administrative agency.
the See also certiorari, notice of
appeal, trial (trial de novo), and
writ of error.

APA abbr. See Administrative appeal (as of) (by) right. An

Procedure Act. appeal in which a court or
administrative agency must
a posteriori adv. Latin. From
review the decision that is
what comes after. Inductive;
sought to be reversed.
empirical; reasoning or the
ascertaining of truth by actual appeal by permission. An
experience or observation. See appeal in which a court or
also a priori. administrative agency’s
review of a decision is within
the court or agency’s

discretion. Also called
discretionary appeal. See also
certiorari.
consolidated appeal.
appeal in which the issues to
be reviewed in two or more
cases are similar enough that
it is practical to unite the
reviews into a single appeal.
See also joinder.
cross appeal. An appeal by an
appellee, usually considered
at the same time as the
appeal by the appellant.
direct appeal. An appeal of a
trial court’s decision made
directly to the jurisdiction’s
highest appellate court without
first seeking review by the
intermediate appellate courts.
For example, although
United States District Court
decision is usually
reviewed by one of the Untied
States Court of Appeals
before the United States
52
Supreme Court considers it, a
direct appeal bypasses the
Court of Appeals and sends
the District Court decision
An
directly to the Supreme Court.
interlocutory appeal. An
appeal of a trial court’s interim
decision while the case is still
pending in the trial court.
Some interlocutory appeals
involve legal questions whose
resolution are necessary for
the trial court to reach a
proper decision in the action.
Others involve issues that are
entirely separate from the
merits of the case. In most
states, interlocutory appeals
are permitted only in limited
circumstances and are rarely
granted.
a
appeal (as of) (by) right See
appeal.
first
appealable decision Same as
appealable order. See order.
53
appealable order See order.
appeal bond See bond.
appellant
appearance n. 1 The coming into
a court to participate in a court
proceeding by a party who has
been validly served process or by
a party who is voluntarily
submitting itself to the court’s
jurisdiction. 2 The coming into a
court to participate in a court
proceeding by a witness or an
interested person or by a lawyer
acting on behalf of a party or
interested person.
compulsory appearance. An
appearance by one who is
required to do so because he
has been validly served with
process.
entry of appearance. The
formal act of an attorney
notifying a court of his
representation of a party to
the proceedings, either by
written document, or orally in
open court.
general appearance. An
appearance wherein a party
consents to the court’s
jurisdiction and waives the
ability to later contest the
court’s authority to reach a
binding decision against her in
the case.
initial appearance. A criminal
defendant’s first appearance
in court. Usually, this is when
the charges are read to the
defendant or the defendant is
given a copy of the charges,
the defendant is advised of his
rights and enters a plea, and
the amount of bail (if bail is
not denied) is determined.
See also arraignment and
presentment.
special appearance. An
appearance made for the sole
reason of contesting the
court’s jurisdiction over the
defendant.
 54

voluntary appearance. An apply v. 1 To make a formal

appearance by one who has
not yet been served with
process in the case.
appellant n. A party who appeals
a court or administrative agency’s
decision. See also appellee.
appellate
appellate adj. Relating to
specific appeal or to appeals in
general. appellate court See
court.
motion or request to a court. 2 To
be relevant; to have bearing
upon; to be instructive. 3 To
devote, use, or assign for a
particular purpose.
appointed counselSee counsel
(assigned counsel).
appointee n. 1 One who is
a appointed or assigned to a
position or a public or private
office or to perform a task. 2 One
who will receive property

appellate jurisdiction See pursuant to a power of

jurisdiction. appointment. See also power of

appointment.
appellee n. The opponent of the
party who appeals a court’s or appointment n. 1 The

administrative agency’s decision. appointment, designation, or

applicant n. One who applies for
or requests something.
application n. 1 The act of
applying or making a request. 2
An oral or written formal motion,
request, or petition.
placement of an individual in a
job, office, or position, or to
perform a duty. 2 A job, office,
position, or duty to which one has
been appointed. 3 The act of
designating who will receive
property pursuant to a power of
55

appointment. See also power of corporation’s minority

appointment. shareholders who object to
certain extraordinary corporate
apportionment n. 1 The
actions (the nature of which
allocation, distribution, or division
varies state to state, but usually
of something into proportionate
includes consolidations and
shares. 2 The drawing of the
mergers) to have a fair price of
boundaries of legislative districts
their stock determined in a judicial
so that each district is
proceeding prior to the action and
approximately equal in
to require the corporation to
population. See also
repurchase their stock at that
gerrymandering and
price. See also fault.
reapportionment. 3 The
allocation after every census of appraise v. To determine the fair
the seats in the United States price or market value of
House of Representatives among something. See also market
the states based on population. value and assess.

apportionment of liability n. In appreciation n. 1 The

tort law, the division of liability for incremental increase in an asset’s
the plaintiff’s injuries among value, usually because of
multiple tortfeasors. In some inflation. Compare depreciation.
cases, some of the liability may 2 The awareness or
be apportioned to the plaintiff as understanding of the meaning,
well. See indemnity, liability, significance, value, or worth of
and settlement. something.

appraisal rights n. The statutory unrealized appreciation. The

right available in most states for a appreciation in the value of
 56

property that has not yet been the ascertaining of truth by

subject to tax. See also proceeding from an assumption
realization. to its logical conclusion rather
than by actual experience or
appropriation n. 1 The taking of
observation. For example, one
control or possession of property,
who walks by a store when its
especially the government’s
alarm is sounding and sees that
taking of private property for a
its window is broken can deduce
public purpose. 2 The act by a
that a burglary has occurred
legislative body to designate or
without having watched the
set aside public funds for a
burglars commit the actual crime.
government expenditure. 3 In tort
law, the taking of the name or arbiter n. One called upon to
likeness of one person by another decide a legal dispute outside of
for a commercial purpose. It is a court. See also arbitrator and
considered an invasion of privacy. conciliator.
appurtenant n. A right or thing,
arbitrary adj. 1 Determined or
such as an easement, attached to
founded on individual discretion,
or associated with land, that
especially when based on one’s
benefits or burdens the use or
opinion, judgment, or prejudice,
enjoyment of the property by its
rather than on fixed rules,
owner and continues to do so
procedures, or law. See also
when title passes to another.
abuse of discretion. 2 Absolute;
APRabbr. Annual percentage despotic; completely
rate. unreasonable; lacking any
rational basis. This type of
a priori n. Latin. From what is
decision is often called arbitrary
before. Deductive reasoning or
and capricious.
57

arbitration n. A method of binding arbitration. Arbitration

alternative dispute resolution
whereby a dispute, with
consent of all the parties, is
submitted to a neutral person or
group for a decision, usually
including full evidentiary hearing
and presentations by attorneys
for the parties. Often, arbitration
is the only form of proceeding
permitted under the terms of
contracts; see arbitration clause.
See also conciliation,
mediation, and summary
proceeding.
arbitration clause. A clause in
a contract requiring the parties
to submit all disputes arising
from the conargument
tract to an arbitrator or group
of arbitrators rather than to
proceed with litigation.
Usually, a breach
repudiation of a contract will
not nullify the clause.
proceeding that is final and
the binding by prior agreement of
the parties, or by legal rule or
statute; no right of appeal or
further proceedings.
compulsory arbitration.
Arbitration required by law
rather than by the mutual
agreement of the parties to a
dispute.
nonbinding arbitration.
Arbitration in which the parties
to the dispute are not required
to abide by the arbitrator or
arbitrators’ decision and may
ignore the decision and
submit the dispute to litigation.
arbitrator n. A neutral person
who resolves disputes between
parties. Usually, the parties to the
dispute choose the arbitrator. See
also arbitration, arbiter, and
or
conciliator.
arguendoadv. Latin. In arguing.
1
 58

Hypothetically; for the purpose or the parties or their attorneys

sake of argument. A term used to to the judge or jury, before
assume a fact without waiving the deliberation, in which they
right to question it later on. For summarize the evidence and
example, a defense attorney may the applicable law, present
state to the judge: “Assuming their interpretation of the
arguendo that the defendant same, and ask that a
committed the crime, the statute judgment or verdict be
of limitations prevents the state reached in their or their
from prosecuting him for it.” 2 clients’ favors.
During the course of an argument
oral argument. 1 A party or his
or a conversation. For example,
attorney’s oral presentation to
“Mr. Smith mentioned arguendo
a court stating the factual and
that his client had three prior
legal reasons why the court
convictions.”
should decide a legal issue or
argument n. 1 The reason or take particular action in their
reasons offered for or against favor. 2 The procedure by
something. 2 The formal oral or which such arguments from all
written presentation of such parties are heard by the court.
reasons intended to convince or
reargument. The oral, and
persuade. 3 The section of an
sometimes written,
appellate or trial brief in which a
presentation of additional
party presents its interpretation of
arguments to a court on a
the law. argumentative
matter previously argued
before the court, but on which
closing argument. At a trial, no decision has yet been
the final statement given by rendered, for the purpose of
59
advising the court of some
controlling appellate
decision or principle of law
that was previously
overlooked or of some
misapprehension of facts. See
also reconsideration
rehearing.
argumentative adj. Stating facts
and suggesting that particular
inferences and conclusions can
be drawn from them. armed
robbery See robbery.
arm’s length adj. Of or relating to
the bargaining position
dealings of two or more unrelated
parties of approximately equal
bargaining power who are not
connected, on close terms, or in a
confidential relationship with each
other and whose mutual dealings
are influenced only by their own
self-interest.
arraignment n. The first step in a
criminal prosecution wherein the
defendant is formally advised of
the charges against him. This is
court done by reading the charges to
the defendant or by giving them a
copy of the charges. The
defendant is also advised of his
rights (for example, the right to
and plead not guilty and to have a jury
trial) and enters a plea, and the
amount of bail (if bail is not
denied) is determined.
array 1 n. A group of people
called into court at the same time
for potential jury duty. From such
a group the members of a jury or
juries will be selected. 2 n. The
or
members of such a group who
are empaneled to be a jury. 3 v.
To empanel a jury for a trial. 4 n.
The list of empaneled jurors. 5 v.
To call out the names of the
jurors as each is empaneled.
arrear n. 1 The state of being late
in the payment of a debt or the
performance of an obligation. 2
An overdue or unpaid debt or
unfinished duty. See also
arrearage.
 60

arrearage n. An overdue debt. rather than by a law

See also arrear. arrears See enforcement officer. Such
arrear. arrests are lawful only if 1) an

arrest n. The intentional offense was committed in the

deprivation, whether actual or presence of the person

constructive, of a person’s making the arrest, or 2) the

freedom by legal authorities using person making the arrest has

forcible restraint, seizure, or reasonable cause to believe

otherwise taking the individual that the person arrested has

into custody, especially in committed a felony.

response to a warrant or a false arrest. An arrest made

suspicion based on probable by a person who falsely
cause that the person being claims to be a law
arrested has committed a crime. enforcement officer or by a
The person making the arrest law enforcement officer who
must have the present power to has no legal grounds for
control the person being arrested. making an arrest. See also
Furthermore, the intent to make false imprisonment.
an arrest must be communicated
malicious arrest. 1 An arrest
to the individual who is being
made without probable cause
detained and that person must
and for an improper purpose.
understand that the seizure or
2 An arrest made with
detention is an intentional arrest.
knowledge that the person
See also privilege and resisting
arrested did not commit the
arrest.
crime he is charged with. See
citizen’s arrest. An arrest also malicious prosecution.
made by a private individual
61

parol arrest. An arrest ordered arrest of judgment n. The

by a judge or magistrate while court’s refusal to render or
presiding over a court enforce a judgment after a verdict
proceeding. Such an arrest is has been reached because of
done without a written some apparent defect or error in
complaint and is executed the proceedings or because the
immediately, for example, an verdict is not supported by the
arrest of a person in a evidence. arrest record See
courtroom who has been criminal record. articles of
found in contempt of court. impeachment

pretextual arrest. A valid

arrest made for a minor arrest warrantSee warrant.

offense with the intent to hold arson n. 1 In common law, the

the person in custody while
investigating his involvement
in a more serious offense for
which there is yet no lawful
grounds to arrest the suspect.
willful and malicious burning of
someone else’s dwelling house.
In some states, the term includes,
under specific circumstances, the
burning of a dwelling house by its

warrantless arrest. An arrest owner. 2 Under modern statutes,

made in a public place without the intentional causing of a

a warrant that is based on dangerous fire or explosion for

either the probable cause that the purpose of destroying one’s

the person committed a felony own or another’s property.

or the person committing a art 1 v. To utilize knowledge or

misdemeanor in the law skill according to rules and
enforcement officer’s principles to create something. 2
presence. n. A business, occupation, or
 62

pursuit that depends upon a skill. replaced eight years later with the
3 n. In patent law, the method, present Constitution of the United
process, or technique for creating States.
something or for achieving a
articles of impeachment n. A
useful result.
formal statement of the reasons
article n. 1 A separate and to remove a public official from
distinct part of a written office. See impeachment.
instrument, such as a contract,
articles of incorporation
statute, or constitution, that is
often divided into sections. 2 A
articles of incorporation n. A
written instrument, containing a
written agreement setting forth
series of rules and stipulations
the basic structure of a
that are each designated as an
corporation. The document
article.
normally includes the name,
Article I courtSee court. duration, and purpose of the
corporation; the names and
Article I judgeSee judge.
addresses of its initial board of
Article III court See court. directors; and the number and
Article III judge See judge. classes of shares of stock that it
articles of association n. A will be allowed to issue. Normally,
written agreement legally creating the corporation is not legally
an association and sets forth the created until the articles of
purpose and rules of the incorporation are filed with a state
organization. government. See also by-law

Articles of Confederation n. The and charter. artificial person

first constitution of the United See person.

States, ratified in 1781 and

63

as of right adj. Description of a asportation n. The carrying away

court action that a party may take
without permission of the court,
as opposed to requiring leave of
court. ascendant See ancestor.
ascent n. The passing of an
estate to an heir who is an
ancestor of the intestate. See
also descent.
ASE abbr. See American
Stock Exchange.
or moving the personal property
of another. It does not matter how
short the distance or slight the
movement as long as the person
who carries away or moves the
property is knowingly and
intentionally exercising control of
the property without the consent
and to the exclusion of the rights
of the owner. See also caption,
larceny, robbery, and trespass.

as is adj. In the condition it assault n. 1 In criminal and tort

presently exists or as found on law, an act, usually consisting of

inspection immediately prior to a threat or attempt to inflict bodily

purchase, even if damaged or injury upon another person,

defective, without modification coupled with the apparent

and without any express or present ability to succeed in

implied warranties. When carrying out the threat or the

referring to a sale of goods that attempt if not prevented, that

were sold as is, based on an causes the person to have a

inspection of a sample, the goods reasonable fear or apprehension

delivered must be of the same of immediate harmful or offensive

type and quality or better than the contact. No intent to cause

sample was immediately prior to battery or the fear or

its inspection. apprehension is required so long

as the victim is placed in
reasonable apprehension or fear.
 64

No actual physical injury is effective consent. assault and

needed to establish an assault, battery See battery.
but if there is any physical
assembly n. 1 A group of people
contact, the act constitutes both
gathering, coming together, or
an assault and a battery. 2 In
meeting, or already so
criminal law, in some states, the
assembled, for a common
term includes battery and
purpose. 2 A legislative body,
attempted battery. 3 Any attack. 4
especially, in many states, the
v. The act of inflicting bodily injury
lower house of the state
upon another. See also mayhem.
legislature.
aggravated assault. A criminal
unlawful assembly. Three or
assault accompanied by
more individuals gathering,
circumstances that make it
coming together, or meeting
more severe, such as the
with the common intention of
victim’s suffering serious
committing a violent crime or
bodily injury or an assault
some act, lawful or unlawful,
committed with a dangerous
that will breach the peace.
and deadly weapon. The
additional circumstances that assess v. 1 To determine the

make the act an aggravated value of something, especially of

assault are set by statute. real estate for property tax

purposes. See also appraise. 2
sexual assault. 1 Rape. 2 Any
To establish the amount of, and
sexual contact with another
then charge, a fine, taxes, or
person without the other’s
another payment. 3 To require
consent or when the other lacks
stockholders and partners to fill
the capacity to give legally
the need for additional capital by
65
making additional contributions to
their corporation or partnership.
asset n. 1 Any property or right
that is owned by a person or
entity and has monetary value.
See also liability. 2 All of the
property of a person or entity or
its total value; entries on a
balance sheet listing
property.
capital asset. For income tax
purposes, most property of
the taxpayer except for a few
certain business assets (for
example, inventory and stock
in trade) and other property
excluded by the
Revenue Code.
intangible asset. An asset that
is not a physical thing and
only evidenced by a written
document. For example, a
debt that is owed
taxpayer is an
asset.
tangible asset. An asset that is
a physical thing, such as land,
buildings, and goods.
assign v. 1 To transfer one’s
duty, interest, or right to another,
especially regarding property or
under a contract, so that the
transferee has the same duty,
such interest, or right as the transferor
had. See also assignment and
delegate. 2 To appoint. 3 To
identify.
assignable n. Capable of being
assigned. Certain rights and
duties cannot be assigned while
others are not assignable without
Internal the consent of the other parties
involved. For example, a assize
world-renowned author cannot
unilaterally assign her contract to
write a book to another writer.
to a assigned counsel See counsel.
intangible assignee n. One to whom a duty,
interest, or right is assigned.
 66

assignment n. The transfer of a modification, reversal, or vacation

duty, interest, or right from one of the trial court’s decision.
party to another. See also
assignor n. One who transfers a
subrogation.
duty, interest, or a right to
assignment for benefit of another.
creditors. An assignment of
assigns n. The plural of
most of a debtor’s property to
assignee. See heirs and
another who, acting as a
assigns.
trustee, consolidates and
liquidates the assets and pays assisted suicide See
the debtor’s creditors with any suicide, assisted.
surplus being returned to the assize n. 1 Often spelled assizes:
debtor. a session of a court or legislative
assignment of a lease. An body. 2 The time or place of, or a
assignment of a lessee’s law enacted by, such a session. 3
entire interest in a lease. The A cause of action, especially one
assignor remains secondarily relating to the ownership or
liable to the landlord and will possession of land. 4 A trial,
have to pay the rent if the especially one presided over by
assignee does not. See also an itinerant judge and held in the
sublease. county assizes

assignment of error n. The list in

that is the location of the land,
an appellant’s brief of the trial
dispute, or crime in question. 5
court’s alleged errors, upon which
The jury at such a trial.
the appellant seeks a
67

general assize. The action, or has certain characteristics,

the trial or jury in an action, to such as centralized
determine the ownership of land. management, that make it
assizes See assize. more like a corporation than a
partnership, it may be treated
associate n. 1 A colleague,
and taxed as a corporation.
companion, partner, or fellow
employee. 2 A junior member of joint stock association. Same
an association, institution, as joint stock company. See
organization, profession, or also company.
society. 3 A junior member of a
professional association. 1 A
law firm who typically works on
group of members of a
salary and does not share in the
profession organized to
ownership, profits, or decision-
practice their profession
making of the firm. associate
together. The association may
judge See judge.
be a partnership, corporation,
association n. A group of or some other entity. 2 A
individuals meeting or associated group of members of a
for fellowship or a common profession organized to
purpose. See also freedom of promote, improve, regulate, or
association. deal with the public on behalf

unincorporated association. of their profession, such as a

An organized, but bar association. 3 In some

unincorporated group of states, the same as a

individuals. Thus, the professional corporation.

organization does not have a See also corporation.

legal existence separate from

its members. However, if it
 68

trade association. An implied assumpsit. Such a

association of businesses or promise that is presumed due
business organizations that to individual’s conduct or the
share common concerns or circumstances of the situation.
engage in similar activities,
general assumpsit. An action
such as a chamber of
based the breach of an
commerce or a trade council.
implied promise or contract to
Association of American Law pay a debt. Also called
Schools n. A national common assumpsit.
organization of law schools that
special assumpsit. An action
have each graduated at least
for expectation damages
three classes of students and
based on the breach of an
have offered instruction for at
express promise or contract to
least five years. Abbreviated
pay a debt.
AALS.
non assumpsit. A defendant’s
assumpsit n. Latin. He
claim, in the form of a
undertook. 1 An enforceable
pleading, that he or she did
promise or undertaking that is not
not promise or undertake any
under seal. 2 An action for
obligation as alleged in a
expectation damages caused by
complaint.
the breach of a promise or a
contract not under seal. assumption n. 1 Something the
truth of which is taken for granted;
express assumpsit. Such a
a supposition. 2 The act of taking
promise that is made orally or
for or on oneself, especially
in writing.
accepting, or agreeing to take the
69

responsibility for, the obligation of reduction or elimination of

another. damages assessed against the
defendant. This defense has
assumption of risk n. 1 In
been strictly limited in many
contract law, the act or
states, and is unavailable in
agreement to take on a risk of
certain types of actions, e.g.,
damage, injury, or loss, often
product liability cases. See also
stated as the risk “passes” to the
negligence.
purchaser upon the occurrence of
a certain event, e.g., shipment of assurance 1 n. a promise or
goods. 2 In contract law, an guarantee, an act that inspires
employee’s express agreement to confidence. 2 v. the act of
undertake the risks that normally promising or assuring.
accompany or arise from that
asylum n. A place of refuge,
occupation. 3 In tort law, that a
sanctuary, or shelter, especially
plaintiff voluntarily accepted or
an institution for the maintenance
exposed himself to a risk of
and care of people requiring
damage, injury, or loss, after
special assistance.
appreciating that the condition or
situation was clearly dangerous, political asylum. 1 The

and nonetheless made the decision by a country’s

decision to act; in such cases, the government to allow within its

defendant may raise the plaintiff’s border a person from another

knowledge and appreciation of country and to protect that person

the danger as an affirmative from prosecution and persecution

defense. Successful invocation of by that other country’s

assumption of risk as an government. 2 The protection and

affirmative defense will result in a refuge granted by a country to


citizens and residents of other
countries who obtain entry unto
the premises of its foreign
embassies and consulates. at bar
See bar. at equity See equity.
attachment
at issueSee issue.
at large adj. 1 Free from
confinement, control, or restraint.
2 Chosen by the electorate of, or
representing the residents of, an
entire political unit, such as a
state, country, or city, as opposed
to a subdivision of the unit, such
as a district, riding, or ward. 3 Not
ordered or organized by topics,
especially when referring to a
group of statutes or ordinances.
at law adj. Relating to law, as
opposed to equity. See equity
and operation of law.
at will n. A status or relationship
that can be terminated for any
reason, or for no reason, at any
time without prior notice.
70
at-risk adj. Characterization of
person or property subject to
unique jeopardy or threat, as in
the case of youth “at-risk” for
increased likelihood of
delinquency due to home and
environmental factors, or finances
“at-risk” due to vagaries of stock
market, global instability, health
issues of individual having such
finances, etc.
atrocious n. An act that is
outrageously cruel, vile, and
wicked and that demonstrates a
depravity and insensitive brutality,
especially when using senseless,
excessive, or extreme violence
during the commission of a crime.
attach v. 1 To add, affix, annex,
bind, fasten, or join as a part. 2
To seize or take by legal process;
to carry out an attachment, for
example, to attach the funds in a
debtor’s bank account to pay a
judgment. 3 To adhere or
become legally effective,
especially in connection with
71
something or upon some event.
For example, certain rights and
responsibilities attach to
becoming a parent.
attachment n. 1 The seizure or
freezing of property by court order
while an attainder
action is pending so that its
ownership can be determined, it
can be secured to be sold to
satisfy a judgment, or its sale or
transfer can be prevented so that
any future judgment arising from
the action may later be secured
or satisfied. See also
garnishment and replevin. 2
The writ ordering such a seizure
or freezing of property. 3 In
commercial law, the creation of a
security interest in property when
the debtor agrees to the security,
receives value from the secured
party, and obtains rights in the
property.
attainder n. In common law, the
automatic elimination of one’s
civil rights and liberties when
sentenced to death or declared
an outlaw for committing a felony
or treason. See also civil death
and bill of attainder.
attempt n. The intentional and
overt taking of a substantial step
toward the commission of a crime
that falls short of completing the
crime. The mere planning of a
crime, as well as soliciting
another to commit the crime,
does not constitute an attempt to
commit the crime. Attempt is a
crime distinct from the offense
that the criminal was attempting
to commit. Various legal tests are
used to determine when, between
planning a crime and committing
it, a person’s actions constitute an
attempt. See also conspiracy
and solicitation.
attendant adj. Accompanying;
resulting in. For example, in
criminal law, the definitions of
several crimes require the
presence or absence of attendant
 72

circumstances; for example, the attorney in fact. One who is

absence of consent to be touched the agent or representative of
is required for an offensive another and is authorized,
touching to be considered a pursuant to a power of
battery. attorney, to act on their
behalf.
attest v. 1 To bear witness;
testify. 2 To affirm as accurate, attorney at law. 1 One who is
genuine, or true. 3 To certify by specially trained and licensed
oath or signature. 4 To affirm a by a state to practice law. 2
document’s authenticity by One whose profession is to
signing it as a witness to its provide advice or to act or
execution by another person. represent others in legal
matters. See also district
attestation n. The act of
attorney, public defender,
authenticating a document by
and counsel.
observing its execution at the
request of the party signing the attorney of record. The
document, and then signing it as attorney at law or the law firm
a witness. designated in a court’s records as
representing a particular party in
attorn v. 1 To turn over or
a particular action. As long as a
transfer something to another. 2
party is represented by an
To acknowledge a new landlord
attorney of record, all documents,
and agree to become his or her
correspondence, and other
tenant.
communications that are intended
attorney n. Lawyer; one who for that party, whether from the
dispenses legal advice to clients court or the other parties in the
and advocates for them. action, must go instead to the
73

attorney of record. attorney- attorney’s lien n. An

client privilege See privilege. encumbrance asserted by a
lawyer against a client’s file,
Attorney General n. The chief
money or property as security for
legal officer of the United States
unpaid legal fees. Strictly limited
or of a state, who advises the
right to assert such a lien in most
federal or state government on
jurisdictions, and prohibited by
legal matters, represents the
ethical rules in others. Also
federal or state government in
referred to as a charging lien or
litigation, and heads the United
retaining lien.
States Department of Justice or a
state’s legal department. attractive nuisance doctrine n.
Abbreviated A.G. See also In tort law, the doctrine that one
solicitor(s) general and United who has a dangerous condition or
States Attorney. thing on his property that is likely
to attract a curious child is under
attorney, power of See power
a duty to take reasonable steps to
of attorney.
protect the child from it. For
attorney’s fees n. The sum example, one has a duty to fence
charged to a client by an attorney or cover an unsupervised
at law for the professional swimming pool. The fact that the
services performed for the client. child is a trespasser does not
The sum reflects a contingent fee, negate the duty, but is one of
flat fee, hourly fee, compensation many factors to be taken into
for out-of-pocket expenses, or account in determining the exact
some combination thereof. See extent of the property owner’s
also contingent fee and duty and the level of care
retainer.
 74

required of him. auction See authentic, effective, or valid. 3 To

sale. approve or adopt a writing as
one’s own.
authority
self-authentication n. The act of
audit n A formal inspection of the proving that something, usually a
accounting procedures and document, is genuine or true
records and the financial situation without the use of extrinsic
of an individual, business, evidence. For example, notarized
organization, or government documents and certified copies of
entity to verify the accuracy and public records are usually
completeness of the records or deemed to be self-authenticating.
their compliance with another set authority n. 1 The authorization,
of standards. permission, power, or right to act
authenticate v. 1 To prove that on another’s behalf and to bind
something, such as a document, them by such actions. See also
is what it purports to be, agency, agent, and principal. 2
especially so that the item can be The right or power to command,
admitted into evidence at a trial or govern, or enforce obedience. 3 A
hearing. For example, a party legal writing, such as a judicial
wishing to admit a letter into decision, law review article or
evidence may ask the witness legal treatise, or a statute’s
whether it is, indeed, the letter he legislative history that provides
received, does he recognize the information or insight on how to
handwriting, and similar interpret and apply the law. See
questions. 2 To place a mark, also precedent.
such as a signature or a stamp,
on a document to signify that it is
75

actual authority. Authority, upon the principal’s

express or implied, representations even if the
intentionally given by a principal did not intend to give
principal to an agent. the agent such authority.
binding authority. See
automatic stay
precedent.

adverse authority. Authority persuasive authority. Authority

that is detrimental to a party’s
argument or position
regarding a question or an
issue. Usually, when a lawyer
finds such authority, he is
under an ethical obligation to
reveal it to the court, but it is
done in such a way (for
example, arguing that the
decision in a previous case
should be narrowly construed
or was wrongly decided) as to
that is not binding on a court
but still merits consideration.
For example, a scholarly work
or the decision of a higher
court in another jurisdiction.
primary authority. Authority
that is issued by law-making
bodies, such as a court’s
decision or a statute’s
legislative history.
secondary authority. Authority

minimize the authority’s effect that analyzes and explains the

upon his client’s case. law, but is not issued by a court

apparent authority. Authority
that can be reasonably
inferred by a third party to
have been given to an agent
based upon the third party’s
dealings with the principal or
or legislature. For example, an
annotation, law review article, or
legal treatise. automatic stay
See stay.
automobile guest statute See
guest statute.
 76

autopsy n. The post-mortem aver v. To formally assert as a

examination of a human body, fact, such as in a pleading; to
including its dissection and the allege.
removal and inspection of the
averment n. 1 The act of
major organs, to determine the
averring. 2 A positive affirmation,
cause of death. autoptic
allegation, or declaration of facts,
evidence See evidence. autre
especially in a pleading, as
or auter n. French. Other,
opposed to an argumentative
another. See also estate.
statement or a statement based
autrefois acquit n. French. on induction or inference;
Formerly acquitted. A plea by a generally this term is used in civil
person indicted for a crime for proceedings, as opposed to
which he or she had previously allegation in criminal
been tried and acquitted. See proceedings. averment of notice.
also double jeopardy and See also notice.
autrefois convict.
immaterial averment. An
autrefois convict n. French. averment that provides
Formerly convicted. A plea by a unnecessary information and
person indicted for a crime for detail.
which he or she had previously
negative averment. An
been tried and convicted. See
averment that is stated in the
also double jeopardy and
negative, but is actually
autrefois acquit.
affirmative in substance. For
autre (or auter) vie n. French. example, the negative
Another’s life. See estate. averment “he is not old
enough to marry” really
77

means that “he is too young to as confession and avoidance. 3

marry.” Although one who Same as tax avoidance. 4 Same
makes a simple denial in a as voidance.
pleading does not carry the
avulsion n. The sudden and
burden of proof, the party who
perceptible removal or severing of
asserts negative averment
land from the property or
has the burden to prove the
jurisdiction of which it was a part
averment’s affirmative
by natural forces such as a flood
substance.
or an abrupt change in the course
a vinculo matrimonii adv. of a river. Despite the removal or
Latin. From the bond of marriage. severing of the land, the
See divorce. boundaries between jurisdictions
or properties are not altered by
avoid v. Slang. To annul, cancel,
avulsion. For example, if a river
make void, or nullify for some
was the boundary between two
legal reason a transaction to
states, the boundary remains the
which one is a party or owes an
same although the course of the
obligation. For example, a child
river has changed. See also
who is under the age of capacity
alluvion, accretion and
may disavow a contract and avoid
reliction.
her obligations under it because
she lacks the legal capacity to AWOL
enter into a contract. See also
annul, voidable, and ratify. award 1 n. The final decision of

avoidance n. 1 The act of an arbitrator. 2 The final decision

keeping away from, escaping, of a court, jury, or administrative

evading, or preventing. 2 Same tribunal granting damages or

other relief to a party. 3 v. To
 78

formally grant such relief. See

also confirmation, judgment,
and order.

AWOL abbr. See absent

without leave.

B
BACabbr. Blood alcohol content.
bad character n. A person’s
predisposition to commit evil acts.
bad checkSee check.
bad debt n. An uncollectible debt
arising due to the debtor’s refusal
to pay, insolvency, or bankruptcy.
bad faith n. Dishonesty
purpose; lack of fairness and
honesty; the continuous and
willful failure to fulfill one’s duties
or obligation. See also good
faith.
badge of fraud n. The facts or
circumstances surrounding
transaction that indicate that one
party is trying to hinder or defraud
another party, especially a court,
an opposing party in an action, or
a creditor. Such badges include,
among other things, the transfer
of property in anticipation of
litigation or execution. See also
fraud.
badge of slavery n. 1 A legal
disability imposed on a slave,
such as the inability to vote, own
property, or enter into a contract.
2 Any visible trace of slavery,
such as racial discrimination in
public education. 3 Any public or
private act of racial discrimination
that Congress can prohibit under
the Thirteenth Amendment to the
of
United States Constitution. bad
title See title.
bail 1 n. Security, such as cash, a
bond, or property, pledged or
given to a court by or on behalf of
one accused of committing a
crime, to obtain release from
a
incarceration and to ensure the
person’s future appearance in
court when required during the
 80

criminal proceeding. See also agreement between them. See

preventive detention and also bailment. bailer See
recognizance. 2 v. To obtain for bailsman and bailor.
oneself or another the release
bailiff n. 1 A court officer charged
from incarceration by providing
with maintaining order in the
security to ensure the person’s
courtroom, with taking care of the
future appearance at every stage
judge’s and jury’s needs, and, in
in a criminal proceeding. 3 v. To
criminal proceedings, with the
temporarily give possession of
custody of the defendant. 2 A
personal property to someone.
sheriff’s deputy or other officer
See also bailment.
who executes writs and serves
excessive bail. Bail set in an processes and warrants of arrest.
amount greater than what is 3 One who oversees the
reasonable, in light of the administration of land, goods, and
seriousness of the alleged crime other property, including the
and the risk that the defendant collection of rent, for the owner.
might flee, to ensure the person’s
bail jumping v. To flee, hide, or
appearance at every stage of a
otherwise avoid an appearance at
criminal proceeding. The Eighth
any stage in a criminal
Amendment to the United States
proceeding while free on bail.
Constitution prohibits the setting
of bail in excessive amounts. bail bailment n. The delivery of
bond See bond. bail bondsman personal property from one
See bailsman. person (the bailor) to another
(the bailee) in trust for some
bailee n. One who temporarily
special purpose, as according to
possesses the personal property
an express or implied contract.
of another pursuant to and
81

Only the lawful possession of the constructive bailment. A

property, and not ownership, is bailment in which, due to the
transferred. The rights and duties particular circumstances, the
of the parties as to the property bailee has a legal obligation to
depend on the purpose of the return the personal property to
bailment and the terms of the its owner, even if the owner is
contract. See also lease. not the bailor or if the bailee
did not voluntarily take
actual bailment. A bailment
possession of the property.
created by the actual or
constructive delivery of gratuitous bailment. A
personal property to a bailee bailment in which the bailee
or his agents. accepts personal property
without expecting
bailment for hire. A bailment in
compensation. For example, a
which the bailor merely takes
gratuitous bailment is created
possession of personal
when a bailee borrows the
property in exchange for
bailor’s property. In gratuitous
compensation.
bailments, the bailee is liable
bailment for mutual benefit. A to the bailor for the loss of or
bailment in which the bailee, damage to the property only if
in exchange for it was caused by the bailee’s
compensation, provides the gross negligence.
bailor with some additional
involuntary bailment. A
benefit as to the bailor’s
bailment in which the bailor,
personal property, such as
without any negligence,
cleaning or repair work.
unavoidably or accidentally
balance sheet
 82

leaves personal property on disparaging the original item or by

the bailee’s person or land. If the saying that it is no longer
bailee refuses to return the available. This is illegal in most
property upon the bailor’s states, especially when the
demand or refuses to permit the original product or service was
bailor to remove the property, he not available at the time it was
can be liable for conversion. See advertised.
also property. bailment offense
balance 1 n. To determine the
See offense.
difference between the sum of
bailorn. 1 Same as bailsman.2 the credits and the sum of the
One who temporarily gives debits of an account. 2 v. The act
possession of personal property of estimating, measuring, or
to another, pursuant to an weighing two things in
agreement between them. The comparison to each other. For
bailor does not have to be the example, the balancing of the
owner of the property. See risks and benefits of filing a
bailment. lawsuit. 3 v. To offset or
counteract. 4 v. To place or keep
bailsman n. One who provides
in equilibrium or proportion, such
bail to secure the release of a
as balancing competing interests.
criminal defendant.
5 n. The result of balancing.
bait and switch v. The practice
balance sheet n. A financial
of advertising a product or service
statement that indicates the value
at a low price to bring customers
of an entity’s current fiscal
into a store and, once they are
situation as of a specific date,
there, urging them to buy a more
consisting of a summary of the
expensive product or service by
value of assets and a summary of
83

the value of its liabilities and the B and E (or B & E) abbr.
owners’ equity. Breaking and entering. See
burglary.
balancing of the equities
bank n. A financial institution,
balancing of the equities n. A whether incorporated or not, with
court’s weighing of such factors a substantial portion of its
as policy and the convenience or business consisting of receiving
hardship to the parties in order to deposits and maintaining savings
determine the fairness of granting accounts and checking accounts.
or denying equitable relief (such Most also issue loans and credit,
as an injunction). exchange currencies, transmit
funds, and deal in negotiable
balancing test n. The weighing,
bonds and securities issued by
especially by a court, of
corporations and the government.
competing values and interests
and deciding which one will commercial bank. A bank,
prevail, in an attempt to achieve often organized as a public
equality or fairness between corporation, that offers the
those values and interests. broadest range of services
allowed by law, but that is
balloon mortgage See
required to keep a larger
mortgage.
percentage of its deposits on
balloon note See note. reserve than is required of
balloon payment See savings and loan associations
payment. banc See en and savings banks.
banc.
savings and loan association.
A financial institution, often
 84

organized and operated like a who has filed a voluntary petition

bank, with a primary purpose for bankruptcy or against whom
to make loans so that an involuntary petition for
individuals can purchase or bankruptcy has been filed. See
construct homes, but that also also debtor. 3 The state of
provide various banking having been declared bankrupt
services. See also building by a Bankruptcy Court.
and loan association.
bankruptcy n. A federal judicial
savings bank. A bank that
procedure by which most debts
receives deposits, maintains
owed by a person or entity are
savings accounts (from which
extinguished or reduced or the
funds can usually be
payment of which are delayed.
withdrawn only after a set
period of time or advance Chapter 7 bankruptcy. A

notice), pays interest on them bankruptcy proceeding

at usually higher rates than whereby most of the debtor’s

commercial banks, and makes assets are collected and sold,

certain loans. However, a the proceeds are distributed

savings bank cannot maintain among the creditors, and the

checking accounts and is debtor’s liabilities are

allowed to invest only in discharged. Also called a

certain types of corporate and straight bankruptcy.

government bonds and Chapter 11 bankruptcy. A

securities. bankruptcy proceeding

bankrupt n. 1 A person or entity whereby a debtor, usually a

unable to pay debts due to business, is allowed to

insolvency. 2 A person (or entity) reorganize itself and

restructure its finances under
85

court supervision and to debtor’s unsecured creditors.

arrange and carry out a court- Also called rehabilitation.
approved repayment plan with
involuntary bankruptcy. A
its creditors while continuing
bankruptcy proceeding
to operate its business. Also
initiated by a creditor to legally
called reorganization.
declare a debtor to be
Chapter 12 bankruptcy. A bankrupt and to impound all of
bankruptcy proceeding the debtor’s non-exempt
whereby a farmer with a property, distribute it or its
regular income who is proceeds to the creditors, and
insolvent can keep and extinguish the debtor’s
continue operating his farm liability.
while arranging and carrying
voluntary bankruptcy. A
out, under court supervision, a
bankruptcy proceeding
repayment plan with his
voluntarily initiated by a debtor
creditors.
who files a petition with the
Chapter 13 bankruptcy. A bankruptcy court to be legally
bankruptcy proceeding declared a bankrupt and,
whereby a person with a during the proceeding,
regular income is allowed to surrenders his property in
propose a plan to reduce her order to discharge his debts.
obligations or extend the
Bankruptcy Act n. The federal
period to pay those
statute, adopted in 1898, that
obligations and allow her
governed all bankruptcy cases
future earnings to be collected
filed before October 1, 1979.
by a trustee and paid to the
 86

Bankruptcy Code n. The federal one that prevents the relitigation

statute, adopted in 1978, that of an issue or the formation of a
governs all bankruptcy cases filed valid contract. See also double
after September 30, 1979. jeopardy, estoppel, merger,
Superseded plea, and res judicata. 2 v. To
Bankruptcy Act. prevent, prohibit, or act as a bar
to. 3 n. In bar. As a bar to an
Bankruptcy Court n. A United
action. For example, if a
States District Court, or the
defendant in a criminal action
bankruptcy judges assigned to a
was acquitted earlier of the same
given United States District Court,
charges that he is now accused,
that deals only with bankruptcy
he may plead double jeopardy in
proceedings.
bar. 4 adj. At bar. Now before the
bankruptcy judge n. A United court. For example, an action that
States District Court judge is before the court may be
appointed by a United States referred to as the case at bar. 5
Court of Appeals to prebar n. The legal profession in
association general. 6 n. A group of attorneys
admitted to practice law in a
side exclusively over bankruptcy particular jurisdiction or before a
proceedings filed within a particular court or who practice in
designated United States District a common field or area of
Court’s jurisdiction. bankruptcy expertise in the law. 7 n. The
trustee n. See trustee. railing in a courtroom that

bar 1 n. A legal obstacle or separates the area used by the

barrier that prevents or destroys a judge, lawyers, and court

legal action or claim, especially personnel to conduct judicial

business from the seating
87
provided for observers. See also
bench.
bar association n. A professional
organization of attorneys who
practice law within a specific
geographic area (for example, a
state bar association) or who
practice in a common field or
area of expertise in the law (for
example, a defense attorneys’
bar association).
integrated bar. A bar
association in
membership is
required of all attorneys who
practice law in that state or
jurisdiction. Also called
compulsory bar, mandatory
bar, and unified bar.
voluntary bar. A bar
association that attorneys do
not need to join in order to
practice law.
bare license
bare licenseSee license.
bar examination n. A written
examination administered by a
state or an established licensing
authority, such as a state bar
association, usually lasting two or
more days, that tests the legal
knowledge of individuals seeking
a license to practice law in a
particular state. See admission.
bargain 1 n. A voluntary
agreement between parties for
the exchange or purchase of
goods or services, regardless of
which
whether the transaction is legal or
legally
the consideration is sufficient for
the agreement to
constitute a contract.
a
Synonymous with contract.
2 v. To negotiate the terms of an
agreement.
bargain and sale n. A written
contract to convey the legal title
of, and raise a use in, real
property in exchange for valuable
consideration recited in the
agreement without requiring the
parties to enter the land and
 88

perform a livery of seisin. Unless law and is a statutory crime in

it includes a covenant of seisin most states. See also abuse of
and right to convey, the process, champerty, and
agreement contains no maintenance.
guarantees as to the seller’s title
barrister n. 1 In England, a
to the property. See also deed.
lawyer who argues cases in
bargainee n. The purchaser of court. See also solicitor. 2 In the
land in a bargain and sale. See United States, a lawyer.
also bargainor.
barter 1 n. The exchange of
bargaining unit n. A group of goods or services without the use
employees represented by a of money. 2 v. To negotiate,
labor union or other group engage in, or conclude a barter.
engaged in collective bargaining
basis n. The amount or value
with a company or industry. Also
assigned to a taxpayer’s cost of
called a collective bargaining unit.
acquiring, or investment in, an
bargainor n. The seller of land asset. Primarily used when
in a bargain and sale. See also determining the taxpayer’s gain
bargainee. barrato See or loss when the property is sold,
barrator. bartered, or exchanged or the

barrator n. One who commits asset’s depreciation.

barratry. Also called barrato or adjusted basis. The value of a

common barrator. taxpayer’s basis in an asset,

barratry n. The persistent after making additions or

incitement or initiation of subtractions to his or her

groundless lawsuits and quarrels. original basis, to reflect certain

Was a crime under the common events, such as capital

89

improvements and original basis. stepped-up

depreciation, that affect the basis. The taxpayer’s basis in
value of the property an asset after the basis has
subsequent to the taxpayer’s been increased to a certain
acquisition of or investment in value (usually its fair market
the asset. value) upon a certain date or
event.
carryover basis. The basis of
an asset transferred from one substituted basis. The basis of
owner to another by gift or in one asset that substitutes for
trust at the time of the that of another asset when the
transfer. first asset has been
exchanged or otherwise
recovery of basis. See
transferred in return for the
recovery.
second asset. The taxpayer
stepped-down basis. The
does not incur any gain or
taxpayer’s basis in an asset
loss, but substitutes the basis
after the basis has been
of the asset she transferred to
decreased to a certain value
the property she acquired.
(usually its fair market value)
upon a certain date or event. bastard n. 1 Same as illegitimate

For example, the basis of child. See child. 2 The child of a

inherited property is its fair married woman whose father is

market value as of the date of not the woman’s husband or

the decedent’s death or an whose paternity is not

alternate valuation date and conclusively established.

the decedent’s stepped-down bastardy proceeding n. See

(or stepped-up) basis in the paternity suit.
asset is the new owner’s
 90

battered-person syndrome n. aggravated battery. See

The medical and psychological aggravated.
condition of a person who has
sexual battery. The forced
suffered (usually persistent)
penetration of or contact with
emotional, physical, or sexual
another perbench
abuse from another person. Also
memorandum
called battered child syndrome or
battered woman syndrome
son’s or the perpetrator’s
depending on the circumstances.
sexual organs. See also rape.
In the case of a woman, her
husband or partner inflicts the simple battery. A battery with

injuries. See also abuse. no accompanying aggravated

circumstances and not
battery n. The harmful or
resulting in serious bodily
offensive touching of any part of
injury.
another person’s body or of
something, such as clothing or battle of the forms n. The

carried umbrella, that is so conflict between the incompatible

closely attached to the person terms in preprinted standardized

that it is customarily regarded as forms exchanged by a buyer and

part of the person. The touching seller while negotiating a

may be in anger or a result of contract.

some other intentional wrong. bearer n. A person in possession

Any amount of touching is of a negotiable instrument,
considered a battery, even if document of title, security, or
harmless, if it is offensive to the other similar document that is
person who is touched. See also marked “payable to bearer” or is
assault and mayhem. indorsed in blank. Depending
91

upon its nature, the document is lawyers in the case, for the judge
called a bearer bond, bearer to use when preparing for trail, for
instrument, bearer paper, or the hearing the lawyers’ oral
like and, if it is for the payment of arguments, or in drafting a
money, it is said to be payable to decision. Also called bench
bearer. before the fact See memo. bench ruling
accessory.

below adv. 1 Later in the same bench ruling n. An oral decision

document. See also infra. 2 Of or given, or a written decision read

in a court whose decision can be aloud, by a judge to the parties

appealed. For example, when and their lawyers from the bench.

referring to a lower court’s bench trial See trial. bench

decision, an appellant court may warrant See warrant.

rule that “the decision below” is beneficial n. A right or interest

affirmed or reversed. that derives from something other
than legal title. See estate,
bench n. 1 Judges collectively or
interest, owner, use, and
of a particular court. See also
equitable.
bar. 2 The area in the courtroom
where the judge sits. beneficiary n. A person entitled
to an advantage, benefit, or profit
bench memo See bench
(such as an inheritance under a
memorandum.
will or the proceeds of an annuity,
bench memorandum n. A short insurance policy, or property held
memorandum summarizing the in trust) arising from an
facts, issues, and arguments in a appointment, assignment,
case, prepared either by a disposition, instrument, or legal
judge’s law clerk or by the arrangement.
 92

creditor beneficiary. A third- intended beneficiary. A person

party beneficiary who is to who is not a party to a
receive the benefit of a contract or trust, but is
contract in satisfaction of a intended by the parties to
debt, duty, or liability owed to benefit from the contract or
them by the party who trust. Such a person has the
purchased the benefit. Under ability to legally enforce the
certain circumstances, the contract or trust once their
execution of the contract itself right to the benefit vests.
may discharge the obligation.
third-party beneficiary. A
In any case, the contract must
person who is not a party to,
be primarily for the third
but is the intended beneficiary
person’s benefit.
of, a contract.
donee beneficiary. A third-
benefit n. That which is helpful;
party beneficiary who is to
advantage; financial assistance;
receive the benefit of a
gain; privilege; profit.
contract as a gift from the
party who purchased the benefit-of-the-bargain rule n. 1
benefit. In breach of contract cases, the
principle that the aggrieved party
incidental beneficiary. A
is entitled from the party who
person who is not a party to,
breached the contract to
but is the unintended
everything that he would have
beneficiary of, a contract or
received, including profits, if the
trust. Such a person has no
breach had not occurred. 2 In
legally enforceable right to the
cases involving fraud or
benefit they receive.
misrepresentation of the value of
93
property, the principle that the
defrauded party is entitled to
damages equal to the difference
between the misrepresented
value and the lower amount that
represents the true value of the
property. Also called loss of
bargain. See also outof-pocket
rule.
bequeath v. 1 To give a gift of
personal property by means of a
will. See also devise. 2 In some
states, to give a gift of any type of
property by means of a will.
bequest n. 1 A gift of personal
property (usually other
money) by means of a will. Also,
any personal property given by
means of a will. See also devise
and legacy. 2 In a broader
sense, any gift of property by
means of a will. Also,
property given by means of a will,
including a devise or a legacy.
conditional bequest.
bequest that is effective or
continues unless some
particular event does or does
not occur. For example, a
bequest from a parent to a
child that is to effective only if
the child is still a minor at the
time of the parent’s death is a
conditional bequest, because
the parent may die after the
child reaches adulthood.
executory bequest. A bequest
that does not take effect until
after the occurrence of a
particular event. For example,
a bequest from a parent to a
child that is effective only if
than
the child is 18 years of age or
older at the time of the
parent’s death is an executory
bequest, because the child
must have first reached his
18th birthday to receive it.
any
general bequest. A bequest of
a general type of property
rather than of a specific item
A
of personal property. For
example, a bequest of
 94

“furniture” rather than “oak thereof. If the original is

chair.” A bequest to be paid unavailable, the testimony of the
out of the general assets of person who created the original
the testator’s estate. or the person who read it (if a
pecuniary bequest. See writing), listened to it (if a
legacy. recording), or saw it (if a
photograph) may testify to its
residuary bequest. A bequest
content. However, modern
of what remains in the
evidentiary rules usually permit
testator’s estate after the
the use of mechanical, electronic,
payment of debts and the
or other similar copy instead of
satisfaction of all other
the original.
bequests.
bestiality n. 1 Sexual intercourse
specific bequest. A bequest of
between a person and an animal.
a specific item of personal
2 In a broader sense, any sexual
property.
activity or contact between a
best efforts n. Diligence beyond person and an animal. See also
a mere good faith effort to fulfill crime (crime against nature),
an obligation. See also good buggery, and sodomy.
faith and diligence.
betterment n. An improvement
best evidence rule n. The rule that adds to the value of real
that, to prove the contents of a property. bid-shopping
writing, recording, or photograph,
the original is required unless it is
beyond a reasonable doubt n.
not available for some reason
The standard for conviction in a
other than the serious fault of the
criminal trial; evidence sufficient
party trying to prove the contents
to convince a reasonable person
95

beyond doubt of the guilt of the revised until it is accepted or

defendant. The requirement of
proof beyond a reasonable doubt
is not so stringent as to preclude
the possibility of error, as is,
“beyond the shadow of a doubt,”
nor as loose as,
preponderance of the evidence,”
as is the standard in a civil trial.
BFOQ abbr. See bona
occupational qualification.
BFP abbr. Bona fide purchaser.
See purchaser.
rejected.
open bid. A bid that is publicly
announced when made and
that the bidder may repeatedly
revise as competing bids are
“the
announced.
sealed bid. A written bid that
is secret and not disclosed
fide
until all submitted bids (which
are also written and secret)
are simultaneously opened
and considered.

bias n. A mental tendency, bid-shopping v. The legitimate

inclination, preconception, practice whereby a general
prejudice, taint. bias crime See contractor, after being awarded a
crime (hate crime). contract, tries to reduce his own

bid 1 n. An offer to pay a specific costs by disclosing to interested

price for something. 2 n. An offer subcontractors the lowest bids he

to perform work or supply received for subcontracts, and

services at a specific price. 3 v. then inviting even lower bids.

The act of submitting an offer to bigamy

buy.

firm bid. A bid that is publicly bigamy n. 1 The crime of

announced when made and marrying a person while legally

that is binding and cannot be married to another. The second

 96

marriage is void. 2 In some and signed by the presiding

states, the crime of cohabiting officers of both houses before
with a person of the opposite sex it is sent to the president or a
while legally married to another. governor for approval or
See also monogamy and rejection. See also
polygamy. bilateral contract engrossed bill.
See contract.
omnibus bill. 1 A bill that
bill 1 n. A draft of a proposed contains proposals on a
statute submitted to a legislature variety of subjects. Usually,
by one of its members for such a bill will have one major
consideration and possible provision dealing with one
enactment. topic and several minor
provisions regarding matters
appropriation bill. A bill that, if
unrelated to the major subject.
enacted, would authorize the
2 A bill that contains all
expenditure of government
proposals on a single (usually
funds.
broad) subject, such as an
engrossed bill. The draft of a omnibus education bill that
bill as it is adopted by one includes all proposals
house of a legislature and regarding, however
before it is sent to the other tangentially, the subject of
house for consideration. See education.
also enrolled bill.
private bill. A bill concerning
enrolled bill. The final draft of the interests, or affecting, only
a bill after it is adopted by one or a small number of
both houses of a legislature, individuals, entities, or
printed, checked for errors, localities.
97

public bill. A bill concerning is part of many of the various

the general interests of, or state constitutions.
affecting, the whole
true bill. The words used in a
community, state, or country.
grand jury’s notation on a bill
no bill or no true bill. The
of indictment indicating that
words used in a grand jury’s
sufficient evidence exists to
notation on a bill of indictment
support a criminal charge set
indicating that insufficient
forth in the proposed
evidence exists to support a
indictment that, if proved,
criminal charge set forth in the
would result in the defendant’s
proposed indictment. Such a
conviction. Once the bill of
decision by the grand jury
indictment is indorsed as a
prevents the prosecution from
true bill and filed with the
pursuing a criminal action
court, the prosecution must
against the defendant based
pursue a criminal action
on those charges until a new
against the defendant based
grand jury is selected.
on those charges unless the
revenue bill. A piece of court approves a dismissal.
legislation for the purpose of
2 n. A statement by one person or
levying taxes. By the United
entity to another regarding money
States Constitution, all federal
owed for goods sold and services
revenue bills must originate in
performed. Usually, the statement
the House of Representatives.
is in the form of an itemized list of
A similar provision
the goods and services, along
constraining the origin of
with the amount owed for each
revenue bills to one particular
item. 3 v. To submit a request for
house of the state legislature
payment for goods sold and
 98

services performed. 4 n. In equity bill of costs n. An itemized and

law, the initial pleading wherein a certified (or verified) list of the
party sets out their cause of expenses incurred by the
action. See also complaint and prevailing party in a lawsuit. The
petition. pleading is submitted to assist the
court in determining how many, if
bill of attainder n. 1 Any
any, of these costs should be
legislative act that imposed a
paid by the losing party.
sentence of death and attainder
upon one or more specific bill of discovery n. In equity law,
individuals or groups without a a pleading that seeks the
trial or other judicial proceeding. 2 disclosure of facts known by the
In United States constitutional adverse party. See also
law, any legislative act that discovery.
prescribes a punishment on one
bill of exceptions. n. 1 A written
or more specific individuals or
statement from a trial judge to an
groups or denies them of civil or
appellate court listing a party’s
political rights without a trial or
objections or exceptions made
other judicial proceeding. Such
during the trial and the grounds
enactments are prohibited by the
on which they were based. 2 In
United States Constitution. See
some states, a detailed record
also attainder, bill of pains and
made, after a trial judge has
particulars, and civil death.
excluded evidence, of what that
bill of certiorari n. In equity law, evidence was so that, in case of
a pleading that seeks the removal an appeal, the appellate court
of an action to a higher court for can better determine whether it
appellate review. See also was proper for the evidence to be
certiorari. excluded at trial. For example, if
99

the trial judge excluded a letter added notations that change

from evidence, the letter might be or qualify its terms.
read into the record so its
order bill or order bill of lading.
contents may be part of the bill of
A bill of lading that is
exceptions. See also exception.
negotiable and that states that
bill of exchange See draft.
the goods can be delivered
bill of pains and particulars only when the bill of lading is
presented to the carrier. Title

bill of indictment n. 1 A to the bill of lading and to the

proposed indictment submitted by goods identified in it can be

the prosecution to a grand jury, transferred by the shipper,

listing the deeds of criminal indorsing and giving up

misconduct allegedly committed possession of the document

by a defendant. 2 An indictment to another, who is then

as approved by a grand jury. See entitled to receive the goods

indictment and bill. from the carrier.

bill of lading n. A document straight bill or straight bill of

issued by a carrier or by a lading. A nonnegotiable bill of

shipper’s agent that identifies the lading that merely specifies

goods received for shipment, the specific place and person

where the goods are to be the carrier is to deliver the

delivered, and who is entitled to goods to.

receive the shipment. through bill or through bill of

Abbreviated B/L. lading. A bill of lading issued

clean bill or clean bill of by the first of multiple

lading. A bill of lading with no connecting carriers who are

 100

going to ship the goods. By information when the criminal

issuing the document, the first charges are vague or ambiguous.
carrier assumes responsibility In some states, a bill of
for the other carriers for the particulars can also be used in
shipment’s eventual arrival civil actions.
and delivery at the designated
bill of review n. In equity law, a
place and person.
pleading requesting a trial court
bill of pains and particulars n. to explain, revise, or reverse a
Any legislative act similar to a bill final decree issued by the court.
of attainder that imposes a
bill of rights n. 1 A section or
punishment less severe than
addendum, usually in a
death. Such enactments are
constitution of a country, state, or
forbidden by the United States
other similar political entity,
Constitution’s prohibition of bills
specifying the civil and political
of bill of particulars
rights of the entity’s citizens or
residents and the limits on the
attainder. See also attainder, bill entity’s government to infringe on
of attainder, and civil death. or interfere with those rights. 2
bill of particulars n. In criminal Any formal list of rights given to a
law, a written statement of the group of individuals by statutes or
charges brought against the by adoption by an organization or
defendant specifying the details institution. For example, a law
of the alleged acts of wrongdoing concerning the provision of
that will be brought up at trial. services for the elderly may
Such a document is usually filed include a senior citizens’ bill of
in response to a defendant’s rights.
request for more specific
101

Bill of Rights n. The first ten arbitration. binding authority

amendments to the United States See precedent. binding over
Constitution. See bind over. binding
precedent See precedent.
bill of sale n. A document that
bind over v. 1 To require a
conveys title to personal property
person to do something (usually
from a seller to a buyer. bind v.
to appear in court). 2 To imprison
To subject to a legal obligation.
or place a person into a law
binder n. 1 A document giving a enforcement officer’s physical
person temporary insurance custody for imprisonment to
coverage until her application for guarantee the person’s
insurance is rejected or until the attendance at a judicial
insurance policy is issued. 2 A proceeding (usually a criminal
document in which the parties to trial). Also called binding over and
a sale of real property declare bound over. biological child See
their intention to transfer child.
ownership of the property. The
document usually includes a B/Labbr. See bill of lading.

memorandum of the important Blackacre n. The name of a

points of the parties’ contract and fictitious piece of land frequently
is usually accompanied by the used, especially in law school,
buyer’s first payment. 3 The when discussing concepts and
buyer’s first payment toward the issues of the law concerning real
purchase of real property. property and future interests.
See also earnest money. When the discussion involves two
binding adj. Obligatory. binding fictitious pieces of land, the
agreement See agreement. second tract is frequently referred
binding arbitration See to as Whiteacre.
 102

black letter law Same as property is worth, by spreading

hornbook law. See hornbook. rumors about ethnic minorities
blackmail See extortion. moving into the neighborhood
blackmail suit See suit. blanket and thereby generating business
bond See bond. for the real estate agent. This
blanket search warrant See practice is outlawed by many
search warrant. state laws as well as by the
federal Fair Housing Act of 1968.
blank check Same as blank
indorsement. See indorsement. blood alcohol concentration (or
blood alcohol content) n. The
blasphemy n. The act of
amount of alcohol in an
reviling, ridiculing, or being
individual’s bloodstream
disrespectful or irreverent of, by
expressed as a percentage of the
words or conduct,
total composition of one’s blood.
God, religion, a religious doctrine,
The percentage is used to
a religious icon, or anything
determine whether the person is
considered sacred. A crime under
legally drunk, especially in regard
the common law if the blasphemy
to laws prohibiting the driving of
was directed towards Christianity
vehicles while under the influence
or Christian doctrine and icons
of alcohol.
and is still a statutory crime
(although rarely enforced) in Bluebook, the n. The most
many states. frequently used guide on how to
cite court case, statutes,
blockbusting v. The inducement
treatises, law review articles,
of people by a real estate agent
legislative debates and hearings,
to sell real property quickly, and
and other authorities on the
frequently for less than what the
status and interpretation of the
103

law. Formerly titled, and now elected by the shareholders to

subtitled, “A Uniform System of establish and carry out corporate
Citation.” policy, select the corporation’s
officers, make certain major
blue laws n. Laws regulating or
decisions concerning the
prohibiting certain otherwise legal
corporation’s business and
activities, especially commercial
finances, and to oversee the
activities, either on Sunday or all
corporation’s operations.
the time for essentially a religious
reason. For exambona fide board of pardons n. A state
occupational qualification agency authorized to grant
pardons to and commute the
ple, an ordinance prohibiting the sentences of convicted criminals.
operation on Sunday of a dance Also called a pardon board.
hall within city limits is a blue law
bodily heir See heir.
if it was enacted for religious
bodily injurySee injury.
purposes.
body politic n. The people who
blue sky law n. The popular are subjected to or owe
name for the statute, found in allegiance to a single organized
every state, that regulates within political governmental authority,
the state the sale of corporate such as a state or country.
securities to the public. These
boilerplate n. Any standardized
laws are the states’ counterpart to
language or working that is
the federal securities acts. See
almost always found in certain
securities acts.
legal documents such as
board of directors n. The contracts and deeds. The terms
governing body of a corporation are often in fine print and typically
 104

deal with matters that are either show off new designs. Such
noncontroversial or practices are not illegal under
nonnegotiable. See also federal law. In addition, religious
contract, fine print, and organizations and schools are
unconscionable. allowed to hire only members of
that religion even if religion is not
bona fide adj. Latin. In good
a bona fide occupational
faith. Acting, being, carried out, or
qualification for that position
made in good faith; authentic;
(such as the requirement that all
genuine; sincere.
teachers in a parochial school be
bona fide occupational Catholic, even though they teach
qualification n. Employment subjects that do not require
practices that would constitute Catholic background). Abbr.
discrimination as to certain bona BFOQ.
fide purchaser
bona fide purchaser See
purchaser.
individuals of a particular religion,
gender, national origin, or age bona fides n. 1 Same as good

range (but not race or color) faith. 2 Credential, documents, or

when the otherwise illegal other evidence of authenticity,

discrimination is a bona fide good faith, legitimacy, or

qualification that is reasonably trustworthiness.

necessary for the normal bond n. A written promise to pay

performance of the duties of that or forfeit money or perform some
particular occupation. For act upon the occurrence or
example, a designer of women’s nonoccurrence of a specific act or
clothes by necessity is permitted the passage of a specified
to hire only female models to
105
amount of time. See
indenture.
appeal bond. A bond required
of the appellant in a civil case
to ensure that the appellee’s
costs will be paid if the appeal
is dropped or unsuccessful.
bail bond. A bond given to a
court by a surety to secure the
release of a criminal
defendant from incarceration
and to guarantee
defendant’s
appearance in court, when
required, during the criminal
proceeding pending against
him. See also bailsman.
bearer bond. A bond payable
to whomever has possession
of it. Whenever possession is
transferred, so is also the
ownership of the bond and the
entitlement to the repayment
of the debt and accompanying
interest payments.
also blanket bond. A bond, frequently
in the form of a fidelity bond, to
protect against the wrongful
action of one or more of a group
or class of individuals. For
example, a summer camp for
children might provide a blanket
bond against acts of child abuse
by any of its camp counselors.
completion bond. A bond to
guarantee that a contractor will
complete a project according to
the
the terms of a contract. In the
future
event of the contractor’s default,
the surety may complete the
project or pay damages to the
aggrieved party up to the amount
of the limits of the bond. Also
called performance bond.
convertible bond. A bond that,
under specified circumstances,
can be exchanged for shares of
stock in the corporation that
issued the bond.
fidelity bond. A bond to protect
against the loss caused by the
wrongful conduct of an employee.

fiduciary bond. A bond required of
a trustee, administrator, executor,
guardian, conservator, or other
fiduciary to protect against the
loss caused by misconduct during
the performance of the person’s
duties.
general obligation bond.
government bond for
repayment is to be made from
general tax revenues rather than
from any specific fund or from the
proceeds of any specific civic
improvements or project. Also
called a bond for
purposes.
judicial bond. A bond to protect
the adverse party in a civil case
against the loss caused by any
delay or inability to
property as a result of the lawsuit.
junk bond. A corporate bond that
pays high interest, because the
company issuing it has a great
risk of going out of business.
106
municipal (or state) bond. A bond
issued or guaranteed by a local
or state government or
governmental body.
payment bond. A bond to ensure
that the employees,
subcontractors, and suppliers of
A materials for a general contractor
which on a construction project will be
paid by the bonding company,
which acts as an insurer, if the
contractor fails to pay them.
peace bond. A bond required by a
court of a person who has
general
previously engaged in public
disturbances or disorderly
conduct or has threatened to do
so again to ensure that, if she
breaches the peace in the future,
utilize she will pay the court an amount
up to the limits of the bond. See
also breach and conduct.
penal bond. A bond to secure
payment of a specified sum as a
penalty if an obligation is not met.
Often used to ensure that the
107
terms of a contract are
performed. Also called a penalty
bond.
personal bond. A bond issued by
the party whose own potential
action or default will trigger the
payment or forfeiture of money up
to the limits of the bond. See also
surety bond.
registered bond. A bond that is
not payable to an individual only
because he or she has
possession of the certificate
evidencing the bond’s existence,
but instead is payable only to
whomever the issuer’s records
indicate is the owner of the bond.
revenue bond. A bond issued to
raise funds for a specific project.
The money used to repay the
debt can derive only from the
proceeds of that project.
bond
serial bond. One of several bonds
issued at the same time, each of
which has a different maturity
date.
series bonds. A group or groups
of bonds issued as a result of the
same bond indenture, but offered
to the public at different times and
with different maturity dates and
interest rates.
supersedeas bond. A bond
required of the losing party in a
civil action for the amount of the
judgment. The bond is frequently
a requirement for delaying the
execution of the judgment while
the losing party is appealing the
case. Also called supersedeas.
surety bond. 1 A bond provided,
usually for a fee, by one party,
such as an insurance company,
to protect against the potential
actions or default of another
party, by guaranteeing to perform
certain acts or to pay an amount
up to the limits of the bond if the
other party acts or fails to act as
prescribed in the bond. Also
called a suretyship bond. See

also surety and suretyship. 2 A
long-term, interest-bearing
instrument, in the form of a
certificate, issued to the public by
a corporate or governmental
entity as a way to borrow money.
The obligor promises to repay the
money on or before a specific
date and makes regular interest
payments until then. The owner
of the bond is not a stockholder
and has no ownership interest in
the entity, but is only a creditor,
and the debt is often secured by
a lien on the entity’s property.
See also debenture.
zero-coupon bond. A bond for
which no interest is paid before
its maturity. It is purchased at a
discount price and redeemed at
its maturity for its face value.
bonded
bonded adj. Acting under, placed
under, protected by, or secured
by a bond. For example, a
bonded contractor.
108
bond for general purposes n.
See bond (general obligation
bond). bondholder n. The owner
of a bond. bond indenture See
indenture.
bondsman n. 1 One who, usually
for a fee, guarantees a surety
bond for another. 2 Same as
bailsman.
bonus n. 1 Wages paid in
addition to the compensation
ordinarily given or required under
an employment contract. A bonus
is payment for services (such as
for recognition of exceptional
work performance) or on
consideration, and is neither gift
nor gratuity. 2 Anything given or
provided for free in addition to
what is usual, agreed to, or
legally due.
bonus stock n. Extra shares of
stock, usually common stock,
given without payment or other
consideration by a corporation
along with a bond or other stock,
usually preferred stock, as an
109

incentive for the public to received to balance or equalize

purchase the bond or other stock. an exchange property.

book 1 n. A ledger or register bootleg 1 v. To make or

recording particular transactions distribute something illegally,
or events such as financial without required authorization or
transactions and police arrests. 2 registration, or without payment
v. To enter or record the details of of the appropriate taxes. 2 n.
a transaction or event into such a Something that is made or
book. 3 v. The process at a police distributed in such a fashion.
station of completing an arrest,
borrowed servant doctrine (or
including fingerprinting and
borrowed servant rule) n. The
photographing the defendant.
common law principle that the
book value n. The value employer of a borrowed
according to a corporation’s employee, rather than the
books of an asset’s worth minus employee’s regular employer, is
its accompanying liabilities. See liable for the employee’s actions
also market value. that occur while the employee is
under the control of the
boot n. 1 In tax law, the extra
temporary employer. Sometimes
money, unrelated or non-like-kind
referred to as borrowed employee
property, or assumption of
doctrine.
liabilities included in an otherwise
like-kind nontaxable exchange of borrowing statute n. A state
property. The boot is subject to statute specifying the
income tax. 2 In commercial law, circumstances when the statute
money or property given or of limitations of another state will
be applied to in-state lawsuits
 110

whose cause of action arose in legal, boycotts that use coercion

the other state. or intimidation to prevent others
from dealing with the targeted
bounty n. 1 A benefit, premium,
business are not. 2 To engage in
or reward offered or given,
a boycott. See also picketing
especially by a government, to
and strike.
cause a person to take some
specific action. 2 A gift or favor consumer boycott. A
generously bestowed. 3 Liberality concerted refusal of
in giving. consumers to purchase the
products or services of a
bounty hunter n. A person who,
business to indicate
for an reward or fee, pursues and
displeasure with the
captures bail jumpers or
manufacturer, seller, or
individuals who have not yet been
provider of the product.
arrested but are charged with or
suspected of committing a group boycott. A concerted
criminal offense. refusal of a group of
competing businesses to
boycott v. 1 A concerted action
conduct commercial
by two or more individuals or
transactions with a company
entities to avoid commercial
with whom they would
dealings with a business or to
otherwise do business. Such
induce others to take the same
boycotts are illegal under the
action. This may include the
Sherman Antitrust Act.
refusal to work for the business
and to purchase or distribute the primary boycott. A union-

company’s products. While organized boycott of an

peaceful boycotts are generally employer with which the

union’s membership have a
111

labor dispute. For example, a Supreme Court cases, the

union involved in a dispute material must also be disclosed,
over wages with a business even if not requested, if it is
may encourage customers not obviously helpful to the
to buy that company’s defendant’s case. These
products. requirements are collectively
known as the Brady rule. breach
secondary boycott. A boycott
of a targeted company’s
customers or suppliers with brain death See death.

whom the boycotters have no brand name See

direct dispute to compel those trademark.

customers and suppliers to Brandeis brief n. A brief, usually

refrain from doing business an appellate brief, that utilizes

with the targeted company. economic, sociological, or other

Such boycotts are illegal scientific and statistical evidence

under the Taft-Hartley Act if in addition to legal principle when

organized by a union. presenting arguments in a case.

Named after Louis D. Brandeis,
Brady rule n. Evidence or
who filed such a brief with the
information favorable to the
United States Supreme Court in
defendant in a criminal case that
Muller v. Oregon (1908) during
is known by the prosecution.
his successful defense of a state
Under the United States Supreme
law limiting the maximum
Court case of Brady v. Maryland
workday of female laundry
(1963), the prosecution must
workers.
disclose such material to the
defendant if requested to do so. breach n. A violation of a law,

Under subsequent United States obligation, or promise.


breach of the close.
common law trespass
entering another’s land either
unlawfully or without
authorization.
breach of duty. 1 The failure
to perform a legal or moral
obligation owed to a person or
to the public. 2 The failure to
act as required by the law. 3
The failure to exercise the
care that a reasonable person
would exercise in the same or
similar situation.
breach of fiduciary duty. The
failure of a fiduciary to fulfill
his duties with a high standard
of care.
breach of the peace. The
criminal offense of provoking
violence, creating a public
disturbance, or engaging in
public conduct that offends
public morals or undermines
public safety. See also bond.
112
The breach of promise. A common
of law action for breaking off a
marriage engagement.
Abolished in many states.
breach of trust. The breach by
a trustee of the terms of a
trust or of her general
fiduciary duties.
breach of contract
breach of warranty. A violation
of an express or implied
agreement or warranty
relating to the title, quality,
content, or condition of goods
sold or of goods delivered to a
bailee.
breach of contract n. A violation
of a contract by either failing to
perform one’s own contractual
obligations or by interfering with
another party’s performance of
their obligations.
anticipatory breach. A party’s
positive and unequivocal
action or statement, before
113

the time his contractual material breach. A breach of a

obligation is due, indicating contract that destroys the
that he does not intend or will value of the contract for the
not be able to perform when nonbreaching party, excusing
the time to do so arrives. In her from the further
most states, the nonbreaching performance of her own
party may choose to treat the obligations under the contract
repudiation as an immediate and giving her the right to sue
breach of the contract and sue for damages. Also called total
for damages without waiting breach.
for the time the breaching
partial breach. A breach of a
party’s performance is actually
contract that does not
due. The nonbreaching party
substantially affect the value
can also urge the repudiating
of the contract for the
party to perform when
nonbreaching party. Thus,
performance is due, without
while the nonbreaching party
giving up the right to sue. If
has the right to sue for
the repudiating party
damages, he is not excused
withdraws his repudiation
from the further performance
before there has been a
of his own obligations under
material change in the
the contract. For example, if a
nonbreaching party’s position,
person purchases a car with a
the breach will be nullified.
radio, but the vehicle does not
Also called anticipatory
have one when it is delivered,
repudiation or constructive
the nonbreaching party can
breach. See also repudiation
sue for the cost of the radio
and voluntary disablement.
and its installation, but he is
 114

also obligated to pay for the a gift or favor) given or promised

automobile. Also called with the intent to corruptly
immaterial breach. influence the judgment or actions
of a person, especially one in a
breaking and entering n. Two of
position of trust such as a public
the elements constituting the
official or juror. 2 v. To give or
crime of burglary. Under the
promise a bribe. 3 v. To gain
common law, forcible entry into a
influence by a bribe.
building (however slight) without
permission used to be required, bribery n. The criminal act or
but many state laws now only practice of voluntarily giving,
require one to enter (for example, offering, receiving, or soliciting a
through an unlocked door or open bribe to influence the official
window) or remain on the conduct of a person in a position
premises (for example, hiding in a or office of public trust. See also
closet until no one else is left in kickback.
the building) without
commercial bribery. The
authorization.
voluntary giving, offering,
Breathalyzer n. A device that receiving, or soliciting of a
measures that blood alcohol bribe to influence the
content of a person by analyzing discretionary conduct or
the content of the moisture in her decision of an agent, officer,
breath. Usually used by police or employee of a business.
when a person is suspected of
bridge loan n. Short-term loan to
driving while intoxicated.
cover excessive or concurrent
bribe 1 n. Money or other obligations, as in the case of a
valuable consideration (including loan to cover two separate
115

mortgages until borrower is able trial brief. A brief usually

to sell one home. submitted just before a trial.

brief 1 n. A written statement 2 v. to counsel in an advisory

prepared by a lawyer and capacity, as in “to brief” one’s
submitted to the court that senior partner on the status of the
outlines the pertinent facts of the case before going to court.
case, the questions of law to be
broker n. A person or entity who,
decided, the position of the
for a commission or a fee, brings
lawyer’s client as to those
together buyers and sellers of
questions, and the legal
property or services and, while
arguments and authorities (for
acting as the agent of one or both
example, statutes and appellate
of the parties, helps them
court decisions) that support that
negotiate contracts.
position. See also
memorandum. brokerage n. 1 The business or
office of a broker. 2 A broker’s
amicus brief. The brief
commission or fee.
submitted by an amicus
curiae. Also called brief brother n. A traditional term of
amicus curiae. collegiality (for example, “I
respectfully disagree with my
appellate brief. A brief
brother Smith on the issue
submitted when the case is on
of . . . .”), by which lawyers or
appeal.
judges refer to one another.
reply brief. A brief that When referring to more than one,
responds to the arguments the plural, brethren, is used.
previously raised in an However, as more burden of
opponent’s brief. allegation

women enter the legal profession,
more gender-neutral phrases,
such as “my colleague,” are being
used.
buggery n. Anal sex with another
person or with an animal. See
also bestiality and sodomy.
bugging v. Intercepting, listening
to, or recording a conversation,
usually done covertly, by the use
of an electronic device. See also
pen register and wiretap.
building and loan association
n. A quasi-public corporation to
which its members contribute
money that is loaned back to the
members so they can buy or build
homes. See also bank.
bulk sale n. Any sale of a large
quantity of materials,
merchandise, supplies, or other
inventory that is not in the seller’s
ordinary course of business. Also
called bulk transfer. Regulated by
the Uniform Commercial Code
that is designed to prevent a
116
seller from making such a sale,
and then spending or
disappearing with the proceeds
without first paying his creditors.
bulk transfer See bulk sale.
burden n. 1 A duty, obligation, or
responsibility. 2 Something that
causes anxiety or is grievous or
oppressive. 3 In property law,
anything that encumbers or
restrict the use or value of land,
such as an easement, restrictive
covenant, or zoning ordinance.
The burden indefinitely binds the
current and all future owners until
it is extinguished, so it is the land,
and the landowner, that is
burdened by the encumbrance or
restriction. See estate.
burden of allegation n. The
burden on a party seeking to
raise an issue at trial to make
allegations about it in a pleading.
Also called burden of pleading or
pleading burden.
117
burden of evidence
burden of evidence n. The
burden on a party seeking to
support a claim or defense at trial
to produce sufficient evidence at
trial to have the issue merit
consideration by the fact-finder.
Also called burden of going
forward (with evidence), burden
of introducing evidence,
burden of proceeding, burden
of producing evidence, burden
of production, duty of producing
evidence, and production burden.
See also proof (burden of proof),
verdict, dismissal, nonsuit, and
prima facie case.
burden of going forward (with
evidence) See burden of
evidence.
burden of introducing evidence
See burden of evidence.
burden of persuasion n. The
burden on a party at trial to
present sufficient evidence to
persuade the fact-finder, by the
applicable standard of proof, of
the truth of a fact or assertion and
to convince the fact-finder to
interpret the facts in a way that
favors the party. Also called
persuasion burden or risk of
nonpersuasion. See also proof
(burden of proof).
burden of pleadingSee burden
of allegation.
burden of proceeding See
burden of evidence.
burden of producing evidence
See burden of evidence.
burden of production See
burden of evidence. burden of
proof See proof.
burden shifting v. The shifting of
the burden of proof from one
party to another at trial, after each
party presents sufficient evidence
to initially persuade the fact-finder
of the truth or falsehood of a
disputed fact or assertion, the
burden shifts to the other party to
 118

disprove such fact or assertion. or harmful to the corporation so

Burford abstention See long as the decision was within
abstention. the officers’ or directors’

burglar n. An individual who discretionary power and was

commits burglary. made on an informed basis, in

good faith without any direct
burglary 1 n. The common-law
conflict of interest, and in the
offense of forcibly entering a
honest and reasonable belief that
dwelling at night to commit a
it was in the corporation’s best
felony therein. 2 v. Under many
interest. but-for cause See
modern statutes, the act of
cause.
breaking and entering into any
building at any time with the but-for test n. In criminal and tort

intent to commit a felony (or, in law, the principle that causation

some states, a felony or petit exists only if the harm suffered by

larceny and, in other states, any a party would not have happened

crime) therein. See also larceny in the absence of (“but for”) the

and robbery. defendant’s conduct.

business, course of See buyer n. One who buys or agrees

ordinary to make a purchase. See also

(ordinary course of business). purchaser.

business invitee See invitee. buyer in the ordinary course

business judgment rule n. The of business. A person who
legal doctrine that a corporation’s buys goods in the usual
officers and directors cannot be manner from a person in the
liable for damages to business of selling such
stockholders for a business goods and who does so in
decision that proves unprofitable
119

good faith and without See also continuation

knowledge that the sale agreement.
violates another person’s
by-law (also bylaw) n. A rule or
ownership rights or security
administrative provision adopted
interest in the goods. Such a
by an association, corporation, or
buyer will have good title to
other body, subordinate to the
the item purchased. See also
body’s articles of incorporation,
holder in due course.
charter, or constitution, that
ready, willing, and able buyer. regulates the body’s self-
A person who is legally and government and the rights and
financially able and has the duties of its officers and
disposition to make a members. See also ordinance.
particular purchase.

straw buyer. See straw

person (or man).

buy-sell agreement n. An
agreement among the owners of
a business or the stockholders of
a closed corporation to purchase,
or to have the business or corby-
law

poration purchase, the interest or

shares of any withdrawing or
deceased owner or stockholder.

C
C & F n. abbr. Cost and freight.
Both the initials and phrase are
used in offers and contracts for
the sale of goods to indicate that
the quoted price includes the cost
of the freight to a named
destination as well as the cost of
the goods. See also C.I.F.
calendar n. A list of the civil and
criminal cases scheduled on a
particular day, week, or other time
period for trial or some other
hearing (such as an arraignment,
sentencing, or the hearing of
arguments concerning pretrial
motions) to be conducted before
a judge.
calendar call n. A courtroom
procedure in which the judge or a
court officer calls out the names
of the cases on the calendar, is
advised by the parties or their
lawyers whether they are ready to
proceed, and, if they are, sets a
date for trial. In doing so, the
judge or court officer is said to
“call the calendar.”
call n. 1 In property law, an
identifiable natural landmark that
serves to delineate the boundary
of land. See also metes and
bounds. 2 A demand for the
payment of money or the delivery
of a security, such as a bond, by
someone entitled to make such a
demand. See also puts and
calls.
calumny n. A false and malicious
statement about someone that is
intended to injure his or her
reputation. See also obloquy,
defamation, and slander.
121
cancel v. 1 To blot out, deface,
mark off, perforate, destroy, or
otherwise physically alter a writing
to render it void. 2 To annul,
terminate, or revoke a promise or
obligation.
cancellation n. 1 The act, or the
marks or perforations made in the
act, of canceling something. 2 A
remedy by which a court calls in,
annuls, and retains possession of
a void or rescinded written legal
document because it may cause
unnecessary litigation or make a
person’s title to property unclear.
For example, a court may call in,
annul, and retain possession of a
void deed to real estate that a
party used to falsely claim title to
someone else’s real property, in
order to prevent any such claims
in the future.
canon n. 1 A rule or principle,
especially one that is
fundamental. 2 A rule or standard
of conduct, in the form of a
general maxim, adopted by a
professional organization to guide
the conduct of its members. See
also Model Rules of
Professional Conduct.
capacity n. 1 The function, office,
position, or role in which one acts.
2 A legal qualification, such as
age, that determines one’s ability
to do something that has legal
consequences (such as making a
contract or getting married). Also
called legal capacity. 3 The
mental ability to perceive,
understand, and appreciate all
relevant facts, to make a rational
decision based thereon, and to
understand the nature and effect
of one’s actions. See also sane.
criminal capacity. The mental
ability required to sufficiently
distinguish right from wrong to
hold a person liable for his
criminal acts. See also
insanity and infancy.
diminished capacity. Reduced
mental ability caused by such
 122

factors as alcohol or drug use, capital crime. Same as capital

disease, mental retardation, or offense. See offense. capital
injury, that prevents a person offense. See offense.
from sufficiently distinguishing capital punishment. See
right from wrong to hold them punishment. capital asset.
liable for his criminal acts. See See asset.
also insanity.
capital expenditure. The
testamentary capacity. The expenditure of money to
mental ability a person must purchase, improve, or repair
have at the time he signs a property that has, or whose
testamentary document, such improvement has, a useful life
as a will, for the instrument to that is substantially longer
be valid. Although it varies than the length of the taxable
from state to state, it usually year in which the purchase,
requires the person to improvement, or repair is
understand who are the made. Not deductible for
natural objects of his bounty, income tax purposes, but may
the nature and extent of his be subject to depletion or
property, and the depreciation. Also called
consequences of executing capital expense.
the document. See also mind.
capital expense. See capital
capital 1 n. Money or other expenditure. capital gain. See
assets used or available for the gain. capital gains tax. See
production of wealth. 2 adj. A tax. capital loss. See loss.
crime punishable by or involving capital stock. See stock.
the death penalty.
123

capitalism n. An economic arrest or seizure of a person

system in which the means of pursuant to legal process.
production and districare
care n. 1 Serious attention,
concern, interest, or regard. 2 In
bution are owned and controlled
negligence law, the level of
mostly by private individuals and
caution and prudence demanded
businesses for profit, thus what is
in the conduct of a person in a
produced and the quantities
given situation. The appropriate
thereof are determined by
level is determined by measuring
consumer demand and
the potential dangers in the
competition.
particular situation, the risk that
capricious adj. 1 Characterized the person’s actions might bring
by or resulting from caprice, the risk to fruition, and the
inconsistency in feeling or possible ways of minimizing or
purpose, a whim, or an eliminating the risk. In some
unpredictable or impulsive situations, the level of care owed
behavior. See also arbitrary. 2 is determined by statute. See also
Contrary to the evidence or law. reasonable man, malpractice,
and negligence.
caption n. 1 The heading of a
pleading that contains the names degree of care. The level of

of the parties and court, the case care to be exercised in a

index or docket number, and the particular situation.

type of pleading the document is. due care. 1 A phrase used to

2 The taking or carrying away of describe the level of care that
an object. See also larceny, an ordinarily reasonable,
robbery, and trespass. 3 The intelligent, and prudent person
 124

would use under the same or also breach. ordinary care.

similar circumstances. For See reasonable care.
example, “Smith’s failure to
reasonable care. The degree
exercise due care before the
of care that an ordinarily
accident constitutes
reasonable, intelligent, and
negligence.” Depending upon
prudent person utilizing
the seriousness of the
diligence and good judgment
particular situation and the
would exercise or reasonably
carjacking
be expected to utilize under
similar circumstances. Also
known risks, due care may be
called due care and ordinary
reasonable care or a higher or
care.
lower degree of care. 2 See
reasonable care. carjackingSee hijack.

highest degree of care. The carrier n. A person or commercial

highest degree of care that a enterprise (such as an airline) in

very attentive, watchful, and the business of transporting

cautious individual would people or goods.

exercise when dealing with a common carrier. A carrier who

particular situation. Among is legally required to accept all
other things, this is the degree business from the public, so
of care that trustees and other long as the approved fee for
fiduciaries are required to the transport of passengers or
exercise when carrying out freight is paid.
their fiduciary duties. Also
private carrier. A carrier who is
called extraordinary care and
not legally required to accept
highest degree of care. See
business from the public, but
125

who is hired in particular competition between themselves

cases to deliver passengers or by allocating markets, sharing
goods. knowledge, or controlling the
price and production of a product
carryback n. The part of an
or service. See also monopoly
income tax credit or deduction,
and oligopoly.
such as a net operating loss, that
cannot be entirely claimed in a case n. 1 An action, cause of
given tax year, but that a person action, controversy, proceeding,
may apply against (and thereby or suit at law or in equity filed with
reduce) his tax liability for a a court. 2 Same as trespass on
previous year. See also the case. See trespass. 3 The
carryover. aggregate of the evidence
presented at trial by a party in
carryforwardSee carryover.
support of their argument or
carryover n. The part of an position. agreed case. See case
income tax credit or deduction stated.
that cannot be entirely claimed in
case at bar. A case that is
a given tax year, but that a person
proceeding towards resolution
may apply against (and thereby
or trial or is under the
reduce) their tax liability for a
particular or immediate
subsequent year. See also
attention of the court. Also
carryback.
called instant case and
cartel n. A group of independent present case. See also bar
producers or sellers in a particular and sub judice.
industry, or a group of businesses
case in chief. 1 The primary
with a common interest, who have
case presented by a party that
joined together to reduce
 126

satisfies that party’s initial prima facie case. The

burden of proof, as evidence presented at trial by
distinguished from the a party that is sufficient to
“rebuttal case”. satisfy the party’s burden of
proof and to allow the fact-
case on point. A previously
finder to decide the case in
decided case with facts or
that party’s favor. See also
legal issues that were similar
verdict, dismissal, and
or comparable to those in a
nonsuit.
case at bar. See also
precedent. rebuttal case. The evidence
presented at trial by the
case of first impression. A
plaintiff or prosecution to
case that presents a legal
contradict the evidence
issue that has never been
presented during the
considered or decided by any
defendant’s case in chief.
court in that jurisdiction. See
also stare decisis. surrebuttal case. The
evidence presented at trial by
test case. A case initiated or
the defendant to contradict the
selected from a group of
evidence presented in the
cases that involve the same or
plaintiff’s or prosecution’s
substantially similar facts and
rebuttal case.
questions of law for the
purpose of testing the case law n. 1 The law based on
constitutionality of a law or judicial opinions, including
establishing an important legal decisions that interpret statutes,
principle. rather than law based on statutes
and other sources. See also
127

administrative law, casus as a result of a sudden,

omissus, and common law. 2
The collection of reported judicial
decisions within a particular
jurisdiction dealing with a specific
issue or topic. Also
decisional law.
cash-basis method See
also cash method.
cash method n. An accounting
method that records income and
expenses when they are received
or paid rather than when they are
earned or incurred. See also
accrual method and completed
contract method.
casual employee n.
employee of less than full- or part-
time status; an occasional or
temporary employee.
casualty n. 1 An individual or
property that has been destroyed,
injured, lost, or causation
otherwise made ineffective. 2 The
harm to an individual or property
unexpected, or unusual event. 3
An accident, especially one that is
fatal or serious.
casus omissus n. Latin. Case
called
omitted. A legal issue or situation
not governed by statutory or
administrative law or by the terms
of a contract. The resolution of
any legal dispute arising from
such an issue or situation is
governed by the case law or, if it
is a case of first impression, by
whatever guidance the court finds
in the common law.
caucus 1 n. A meeting of the
leaders, members, or
An
representatives of a political party
to select the party’s nominees or
convention delegates, plan a
campaign, or develop party policy
or strategy. 2 n. An organized
group of members of a legislative
body who share a common
interest and work together to
further those interests through
legislation. 3 n. Any group or
 128

meeting organized to advance a cause

particular cause. 4 v. To meet in
or hold a caucus. cause n. 1 An action, event, or
force that produces or contributes
causa n. Latin. Case, cause. See
to an effect or result. Also called
also cause.
causation. 2 The ground or
causa mortis. Latin. Because reason for a choice made or
of death. Something done or action taken. 3 A matter to be
made by a person in decided by a court.
anticipation of his own
but-for cause. A cause without
imminent death. See also gift.
which the events or results
causa proxima. Latin. The that follow could not occur.
nearest cause. See also Also called causa sine qua
cause. non. See also but-for test,

causa sine qua non. Latin. A causa, and proximate cause.

cause without which not. concurrent cause. 1 One of

Same as but-for cause. See multiple causes that
cause. simultaneously produce an

causality n. The relationship effect or result that no single

between an action or event and cause could. 2 One of multiple

the effect that it produces. Also causes that simultaneously

called causation. produce an effect or result that

causation n. The act of causing
or producing an effect or a result.
See also chain of causation,
any one of the causes could
have produced alone.
for cause. In support of a

causality, and cause. request made or an action

129

taken. See also challenge actions, events, or forces to

and excuse. produce a final effect or result.
For example, if a person walks
good cause. A substantial or
into a ditch, the digging of the
legally sufficient reason for a
ditch is the initial (that is, but-
choice made or action taken
for) action, and the
or for seeking a particular
subsequent removal of the
court order. What constitutes
barricade and warning signs
good cause usually rests upon
that kept people away is the
the circumstances of a
intervening cause. Also called
particular situation. See also
supervening cause. legal
insufficient cause.
cause. See proximate cause.
immediate cause. The last of a
proximate cause. A cause that
series of causes, although not
directly, without the contribution of
necessarily the proximate
any subsequent action, event, or
cause, of an effect or result.
force, produces an effect or
insufficient cause. An result, and without which the
insubstantial or legally effect or result would not have
insufficient reason for a choice occurred. Furthermore, the effect
made or action taken or for or result produced by the
seeking a particular court proximate cause would have
order. See also good cause. occurred even if there were a
subsequent action, event, or force
intervening cause. A
that contributed to the eventual
contributing cause that arises
effect or result. For example, if a
or occurs after the initial
person is fatally injured in an
action, event, or force and
accident, the cause of the
alters the sequence of later
 130

accident is the proximate cause of example, a parent may be

his death and not the poor negligent for letting her 14year-
medical care they received after old child drive a car, but the
the accident. Also called causa subsequent theft of the vehicle
proxima, direct cause, efficient from the child would absolve the
cause, and legal cause. See also parent of liability for any damages
remote cause. or injuries caused by the thief’s
use of the vehicle.
remote cause. A cause that
contributes to, but is not supervening cause. See
necessary for, the production of intervening cause.
an effect or result. See also
cause of action n. 1 A collection
proximate cause.
of facts that, if true, would entitle
sole cause. The only cause a party to be awarded a remedy
responsible for the production of from another party by a court; the
an effect or result. facts that give a person the legal
right to sue. See also claim for
superseding cause. A cause that
relief and right of action. 2 A
arises or occurs after the initial
lawsuit. 3 In many states, the
action, event, or force, and so
same as a claim for relief.
substantially alters the sequence
of later actions, events, or forces cautionary instruction n. An
that the persons responsible for instruction given to a jury by the
all previous causes are not liable judge, usually during trial, to
for the final effect or result, even if disregard certain testimony or
their own actions were a evidence that was improperly
substantial factor in bringing introduced, in lieu of calling a
about the final effect or result. For mistrial.
131

caveat n. Latin. Let him or her implied warranties have

beware. 1 An admonition, caution, substantially altered this rule.
or warning. 2 A formal notice or
Ccorporation See
warning given by a party to a
corporation.
judge or other court officer
concerning his or her behavior C.D. abbr. See certificate of

and requesting a suspension of deposit.

the proceeding until the merits of cease and desist order n. A

the notice or warning are court or administrative agency’s
determined. 3 A formal notice to a order prohibiting a person or
court or public official that the entity from continuing or
notifier has an interest in a matter undertaking a particular activity or
or property and requests the course of conduct. See also
suspension of some procedure or injunction and restraining
proceeding concerning the matter order.
or property until the notifier is
certificate of incorporation
given a hearing.

caveat emptor n. Latin. Let the

cede v. To assign; give up;
buyer beware. The legal principle
relinquish; surrender; transfer;
that, unless the quality of a
yield.
product is guaranteed in a
warranty, the buyer purchases the censor 1 v. To officially inspect

product as it is and cannot hold books, films, letters, newspapers,

another liable for any defects. and other media or methods of

Statutes and court decisions communication in order to

concerning products liability and suppress them or to delete any

portions thereof deemed offensive
 132

or objectionable for moral, money and a promise to repay it

political, religious, or other at a specified time and with
reasons. 2 n. A person who interest determined at a specified
censors the media or other rate. 2 A bank document
methods of communication. evidencing a time deposit.
Abbreviated C.D.
censure n. An official
condemnation, reprimand, or certificate of incorporation n. 1
expression of adverse criticism, In most states, a certificate issued
usually by a legislative or other by the state indicating that a
formal body, of the conduct of one corporation’s articles of
of its members or of someone incorporation have been filed, the
whose behavior it monitors. corporation has come into
existence, and that the
census n. The official counting of
corporation has the right to
people of a country, state, or
operate as a corporation. 2 In
other similar political entity. cert.
some states, the same as
abbr. See certiorari.
articles of incorporation.
certificate n. 1 An official or certificate of occupancy
sworn document that formally
attests something to be true. Also
certificate of occupancy n. A
called certification. 2 A formal
certificate from a local
document certifying some
government agency indicating
interest, permission, right, or
that a building or dwelling
status granted to its bearer.
adheres to the local building
certificate of deposit n. 1 A codes and is ready for
certificate from a bank occupancy, generally a
acknowledging the receipt of prerequisite to taking possession.
133

certificate of service n. The a federal appellate court requests

section of a pleading or motion the United States Supreme Court
that certifies that the party filing or the highest court of a state to
the document has sent a copy of review an issue concerning the
the document to the opposing application or interpretation of a
party or his lawyer. law that has arisen in a case
pending before the appellate
certificate of title n. 1 A
court, in order to give it guidance.
certificate issued by the state or
local government identifying the certified copySee copy.
owner(s) of personal or real
certified mail n. A delivery
property, and often listing any
service offered by the United
encumbrances on the property. 2
States Postal Service that is often
A certificate issued by a title
used to send legal notices to
insurance company indicating that
addresses within the United
it has conducted a diligent
States. Upon the payment of a
examination of the title of a piece
fee, the sender is given a receipt
of real property and that, except
when an item is mailed and a
for the encumbrances noted in
record of the delivery is kept by
the certificate, a person has good
the addressee’s local post office.
title to the land. This is not,
For an additional fee, the sender
however, a guarantee or
may have the addressee sign
insurance of good title.
another receipt when the item is
certification n. 1 The act of delivered, and that receipt is
certifying. 2 The state of being returned to the sender, in which
certified. 3 See certificate. 4 The case the service is known as
same as certiorari in some “certified mail, return receipt
states. 5 The procedure whereby requested.” Some court rules
 134

provide that service by certified is surrendered or transferred,

mail is acceptable. especially real property.

certify v. 1 To attest, cf. abbr. Compare. In legal

authenticate, or verify something citation, a direction to the reader
in writing. 2 To issue a certificate. to review a cited authority in
3 To judicially determine that a which an explanatory or an
person is mentally or otherwise analogous (but supportive)
not competent. 4 To judicially proposition might be found.
determine that a group of
but cf. In legal citation, a
individuals or entities meets the
direction to the reader to
requirements to proceed with a
review a cited authority in
class action. See also
which a analogous (but
certification and decertify.
contradictory) proposition
certiorari n. Latin. To be more might be found.
fully informed. A writ issued at the
C.F.abbr. See C & F.
discretion of an appellate court
directing a lower court to certify C.F.I.abbr. See C.I.F.

and deliver the record of a case C.F.R. abbr. Code of Federal

that is not appealable as of right Regulations.
to the appellate court for possible
chain of causation A series of
review. See also appeal and writ
events, each of which was
of error.
caused by the immediately
cession 1 v. The act of previous event. See also
surrendering or transferring title to causation.
real property. 2 n. Something that
chain of custody n. The order of
places where, and the persons
135

with whom, physical evidence as-applied challenge. An

was located from the time it was argument, claim, or lawsuit
collected to its submission at trial. that a law or government
policy, although otherwise
chain of title n. The history of a
constitutional, is
parcel of real property or of a
unconstitutional when applied
commercial paper from its original
to a particular party or
owner or issuer to its current
situation.
owner or issuer, including all
conveyances and owners in Batson challenge. A
between. Any gap in the history defendant’s claim that the
casts doubt on the current plaintiff or prosecution
owner’s claim of title. See also excluded potential jurors due
abstract of title and title to their race, color, ethnic
insurance. background, or gender by use
of peremptory challenges.
challenge 1 n. An objection,
Named for the United States
exception, or other formal
Supreme Court case of
questioning of the capability or
Batson v. Kentucky (1986),
legal qualifications of a person,
which forbids such a use of
the existence of a right, or the
peremptory challenges in
legality of an action or thing. 2 n.
criminal cases. The principle
An objection by a party or a
in Batson was extended to
lawyer to a potential juror or jury
civil cases in Edmonson v.
panel and his or her request that
Leesville Concrete Co. (1991).
a judge disqualify the individual or
the panel from hearing that champerty
party’s cause or trial. 3 v. To call
into question.
 136

facial challenge. An argument, juror that may be made

claim, or lawsuit that a law or without any specific cause or
government policy always reason. The number of
operates in violation of the peremptory challenges
United States Constitution or a allowed to each party is
state constitution. usually limited by statute or
court rule.
challenge for cause. A
challenge to a prospective chamber(s) n. 1 The office of a
juror based on a specific judge. 2 Any location where a
cause or reason, such as bias, judge conducts official business
prejudice, or a financial or when court is not in session. See
other interest in the outcome also in camera.
of the trial. Usually, there is no
champerty 1 n. An agreement
limit to the number of
between a litigant and a person
challenges for cause available
who is not a party to the action,
to each party.
including the litigant’s lawyer, for
challenge to jury array. See that person to pursue or
challenge to the array. financially support the litigant’s

challenge to the array. An claim in exchange for a portion of

objection to an entire jury any damages awarded. The

panel based on the manner practice was once prohibited by

that the panel was selected. the common law and it is still

Also called challenge to jury forbidden in some states, thereby

array. casting doubt on the legality of

lawyers advancing costs for their
peremptory challenge. A clients, as in the payment of
challenge to a prospective expert witness fees. 2 v. To
137
financially support or otherwise
maintain or promote another
person’s claim.
chancellor
chancellor n. 1 Traditionally, the
title of the chief judge of a court of
chancery. 2 Any judge who sits in
a court of equity.
chancery (or chancery court) n.
1 The traditional name for a court
of equity. 2 Equity or proceedings
administered in courts of equity.
Also called court of chancery.
change in circumstances n. A
modification, usually substantial,
unanticipated, and involuntary, in
the emotional, financial, or
physical condition of one or both
parents, warranting a modification
of a child custody or child support
order.
change of venue n. The transfer
of a case from a court in one
location to a court in another, or
from one court to another in the
same judicial district, for reasons
of fairness or for the convenience
of the parties or the witnesses.
See venue.
character evidence See
evidence. character witness
See witness.
charge n. 1 The formal allegation,
contained in an indictment,
information, or presentment, that
a person committed a specific
crime. 2 An instruction to the jury.
3 A claim, debt, encumbrance, or
lien. 4 An individual or thing
placed in another’s care.
Allen charge. An instruction
given, generally in a criminal
trial, encouraging a jury to
continue its deliberations after
reporting a deadlock, on the
basis that considerable
expense and time has gone
into the trial of the matter and
the jury should make every
effort to come to a resolution.
See also jury instruction(s).
 138

charge conference n. A meeting educational, or similar purpose.

between a judge and the parties’ charitable trust See trust.
lawyers, after the parties have
charter n. 1 A formal document
closed their cases and before the
by which a sovereign or a
jury is charged, to determine the
government grants rights, powers,
content of the instructions to the
and privileges to a person,
jury and to note any objections
business, or the people. 2 The
the lawyers may have to the
highest law of any organization.
instructions proposed by the
See also articles of
judge. See charge and jury
incorporation and by-law. 3 The
instruction(s).
lease or rental of an airplane, bus,
charitable contribution n. A ship, or similar mode of
voluntary contribution of money or transportation.
property to an organization
corporate charter. 1 A
involved in charitable activities
legislative act that establishes
and without getting or expecting
a corporation (including its
to receive anything of value in
purpose and basic governing
return. See also charitable
structure) or defines a
organization. charitable
corporate franchise. 2 See
deduction See deduction.
certificate of incorporation.
charitable organization n. An 3 See articles of
organization that meets the incorporation.
requirements of section 501c(3)
Great Charter. See Magna
of the Internal Revenue Code,
Carta.
operated solely for a religious,
chattel n. Any tangible property
charitable, scientific, literary,
that is moveable or transferable.
139
See also personal property and
real property.
chattel personal.
moveable property, tangible
personal property, or
intangible right in
property (such as a patent).
Also called personal chattel.
chattel real. Any interest in
real property less than
freehold or a fee (such as an
easement). Also called real
chattel.
chattel mortgage. A lien on
assets other than real estate
that secures a loan.
chattel paper. A writing or
writings that evidence
monetary obligation as well as
a security interest in or a lease
of specific goods. Generally
used when a consumer buys
goods on credit by signing a
promissory note that promises
payment in the future as well
as grants the seller a security
interest in the goods. See also
accommodation paper and
commercial paper.
Any
check n. A draft signed by a
an person (the drawer or maker) that
such directs a bank (the drawee) to
pay, on demand and without
conditions, a specific sum of
money to another person (the
payee). Usually the funds are
a
withdrawn from an account or a
deposit that the drawer or maker
has with the bank. Also called
cheque.
bad check. A check that is not
honored by a drawee bank
because it is forged, the
account it is drawn on has
a insufficient funds or does not
exist, or the check is in some
other way defective. See also
check kiting.
canceled check. A check with
a notation (for example, the
word “paid”) on it made by the
 140

drawee bank that indicates presented for payment. See

that the check has been paid. also check kiting.

cashiers check. A check raised check. A check whose

drawn by a bank upon its own face amount has been
account rather than that of an increased. Unless done with
individual depositor and made the agreement of the drawer
payable to another person, to or maker, the charge
the same bank, or to a constitutes a material
different branch of the same alteration and discharges the
bank. drawer or maker, as well as
the drawee bank, from paying
certified check. A check with a
any amount on the check.
certification or notation written
upon it (for example, the word check kiting v. To write a check
“certified”), indicating that the while knowing that there are
drawee bank has child insufficient funds in one’s account
to cover it. Depending on the
set aside sufficient funds from circumstances, check kiting is
the drawer’s or maker’s often a crime, especially if the
deposit to guarantee payment drawer or maker has previously
of the check on demand. deposited a check from another
bank into his account and hopes
NSF check. abbr. Not
that the funds from that check will
sufficient funds check. A
reach his account before the
check that a drawee bank may
outgoing check is paid. Also
not pay because the drawer
called kite and kiting. See also
has insufficient funds on
check.
deposit to cover it when it is
141

checks and balances n. A a child born after the

system of distribution of power execution of a will or the death
among the executive, legislative, of its testator parent.
and judicial branches of
biological child. 1 A child born
government, in relatively equal
to his parents. Also called
proportions, such that each
natural child. 2 A child
branch has the ability to counter
genetically related to a
the actions of the other two and
specified parent. Also called
thus prevent the entire
genetic child and natural
government from being controlled
child. See also adoption.
by any single branch. See also
separation of powers. delinquent child. 1 A minor
who intentionally and
Chief Justice of the United
constantly engages in
States n. The formal title of the
antisocial behavior. 2 A minor
presiding justice of the United
who does something that
States Supreme Court.
would be a crime if committed
child n. 1 A person under the age by an adult. Whether the child
of majority. See also age. 2 would be subject to the
Under the common law, a person juvenile court’s jurisdiction
who is under 14 child abuse would depend on whether the
child is over the statutorily

years of age. 3 The son or established age. See also

daughter of a person or an juvenile delinquent.

individual who is treated as such. foster child. A child cared for

after-born child. A child born and raised by an adult, usually

after a certain event, such as selected by a government

 142

agency, who is not his or her father’s death. However, because

natural or adoptive parents. it is now medically possible in
some situations to keep a
illegitimate child. A child who
deceased pregnant woman on
was not conceived or born in
life-support machine until the birth
lawful wedlock and who is not
of her child, the term can include
later legitimated. Also called
a child born after his mother’s
bastard. See also paternity
death. child abuse See abuse.
suit.
child and dependant care credit
legitimate child. 1 In common
See tax credit. child custody
law, a child born or conceived
See custody.
in lawful wedlock. 2 Under
most modern statutes, a child child labor law n. A state or
born or conceived in lawful federal statute that regulates
wedlock or later legitimated by employment of children.
her parents’ subsequent
child molestation n. Subjecting a
marriage, her father’s
child to any sexual advances,
acknowledgement of paternity,
contact, or other activity.
or a judicial determination of
paternity. child neglect n.The failure of a
person responsible for a child’s
neglected child. A child whose
care and upbringing to safeguard
parents or legal custodians fail
the child’s emotional and physical
to safeguard the child’s
health and general well-being.
emotional and physical health
See also abuse. child
and general wellbeing.
pornography See pornography.
posthumous child.
chilling effect n. In constitutional
Traditionally, a child born after his
law, the inhibition or
143

discouragement of the legitimate 2 A provision in a contract in

exercise of a a constitutional right, which the parties stipulate that
especially one protected by the any arbitration or conciliation
First Amendment to the United between them arising from the
States Constitution, by the contract shall be held before a
potential or threatened particular arbitrator or conciliator
prosecution under, or application or group of arbitrators or
of, a law or sanction. Chinese conciliators or at a particular
Wall See ethical wall. place. Also called forum selection
clause. See also choice of law
choate adj. Completed or
clause.
perfected in and of itself. See also
inchoate. choice of law n. The issue of
which jurisdiction’s law shall apply
choice of forum clause n. 1 A
in an action that involves events
provision in a contract in which
that have occurred or have an
the parties stipulate that any
impact in more than one
lawsuit between them arising from
jurisdiction. See also conflict of
the contract shall be litigated
law(s).
before a particular court or in a
particular jurisdiction. Because choice of law clause n. A
the parties cannot confer provision in a contract in which
jurisdiction upon a court, they the parties stipulate that any
must select a court and place that dispute between them arising
would otherwise have jurisdiction; from the contract shall be
however, since more than one determined in accordance with
court may have jurisdiction, the the law of a particular jurisdiction.
parties opt to designate in If the dispute is litigated, the
advance which one they choose. choice is not binding, but is
 144

normally honored, by the court goods, insurance, and the freight

hearing the lawsuit. The choice is to a named destination. See also
binding if the dispute is arbitrated. C&F.
See also choice of forum
circuit n. 1 Historically, a judicial
clause.
district wherein a judge would
churning v. In securities law, the travel from town to town to
excessive and inappropriate preside over hearings. 2 A judicial
trading of securities in a district established in some states
customer’s stock investment wherein one or more courts have
account for the purpose of jurisdiction to hear cases. 3 One
earning the stockbroker more of the twelve judicial districts
commissions than what would (along with a special nationwide
have been earned if the thirteenth circuit) in which the
stockbroker was concerned only United States is divided for the
with the furtherance of his appellate review of federal trials
customer’s interests. This practice by a United States Court of
is illegal under the Securities Appeals.
Exchange Act of 1934; however,
circumstance n. An act,
there is usually no right of action
condition, event, or fact
for churning.
connected with another act,
C.I.F. abbr. Cost, insurance, and condition, event, or fact either as
freight. Phrase used in an offer or an accessory or as a contributing
a concircumstance or determining element.

aggravating circumstance. A
tract for the sale of goods circumstance that increases
indicating that the quoted price the culpability or liability of a
includes the combined cost of the
145

person or the measure of imminent threat that a suspect

damages or punishment for a will escape or evidence will be
crime or tort. removed or destroyed.
circumstantial evidence
exigent circumstance. 1 An
urgent situation that demands
extraordinary or immediate mitigating circumstance. 1 A

action. Such a circumstance circumstance (such as having

often allows for the a mental defect at the time of

circumvention of procedures the wrongdoing) that does not

that would otherwise be exonerate, but reduces the

required by law. For example, culpability of, a person for a

if a car hits a child, the fact tort or crime he has committed

that immediate medical and that may result in a

attention is needed to save reduction of the damages or

the child’s life is an exigent punishment to be imposed.

circumstance that excuses the See also diminished

physician’s treatment of the capacity. 2 A circumstance

child before parental consent (such as turning oneself in for

is obtained. 2 An urgent arrest) that does not reduce a

situation in which a law person’s culpability for a crime

enforcement officer who has he has committed, but that

probable cause must take may result in a reduction of

immediate steps to make an the punishment to be

arrest, search, or seizure imposed. See also

without a warrant because negligence and defense.

someone’s life or safety is at circumstantial evidence See

risk or because there is an evidence.

citation n. 1 A writ issued by a
court ordering a person to appear
at a specific time and place and,
at that time and place, do a
specific act or to show the court
sufficient cause why he or she
cannot do so or should not be
required to do so. See show
cause order. 2 An order issued
by a law enforcement officer to
appear in court at a specific time
to defend oneself against the
criminal allegations contained in
the order. See also summons. 3
A reference to a legal authority,
such as a statute, court decision,
or treatise, that supports
contradicts a legal argument or
position. See also the Bluebook.
parallel citation. An additional
reference to a court decision
that has been published in
more than one reporter. For
example, the citation for the
United States Supreme
Court’s famous Miranda case
is Miranda v. Arizona (1966),
146
with the main citation to the
United States Reports and
with parallel citations to the
Supreme Court Reporter and
to the Lawyer’s Edition.
pinpoint citation The reference
to a specific page where a
particular quote or passage is
found in a judicial decision.
For example, in Miranda v.
Arizona, 384 U.S. 436, 444–
445 (1966), the numbers 444
and 445 are the pinpoint
citation to the pages where
the rule is enunciated.
or cite 1 v. To bring forward,
provide, or refer to as authority,
illustration, precedent, proof, or
support. 2 n. A citation to a
statute, judicial decision, treatise,
or other legal authority.
citizen n. 1 A person who, due to
place of birth, naturalization, or
other reasons (for example,
citizenship of parents) is a
member of a political community
147

or of a civil state, such as a criminal law and military law. See

country or state, and is entitled to also civil law. 2 Secular. 3 Of or
all the civil rights and protections pertaining to the duties, rights,
thereof and owes allegiance to its and status of citizens and other
government. See also residents of a country or state.
naturalization and resident. 2 See also civil disobedience and
For purpose of federal diversity of civil right. civil action See
citizenship lawsuits, a corporation action.
that is incorporated or has its
civil contempt See
principal place of business in a
contempt. civil court See
state, or an alien granted
court.
permanent residence in the
civil death n. 1 Historically, the
United States and residing in a
loss of all civil rights by a person
state, is a citizen of that state.
who had been sentenced to death
citizen’s arrest See arrest.
or declared an outlaw for
citizenship clause n. The committing a felony or treason.
provision in the Fourteenth This included the loss of right to
Amendment to the United States contract, the right to sue, and the
Constitution declaring that all right to protection under the law.
persons born or naturalized in the See also attainder and bill of
United States and subject to its attainder. 2
jurisdiction are citizens of the Today, the loss of certain civil
United States and of the state rights, such as the right to vote by
each resides in. a person convicted of or
sentenced to imprisonment for a
civil n. 1 Of or pertaining to all
felony. The rights lost, and for
matters concerning the law
except for matters arising under
 148

what crimes or sentences, varies law and natural law. 2 The law
state to state. pertaining to civil or private rights
and duties rather than to matters
civil disobedience n. The
arising under administrative,
deliberate, public, and usually
criminal, or military law. civil
nonviolent breaking of a law in
liability See liability.
order to call attention to the
unfairness or undesirability of a civil liberty n. The freedom to
statute (usually the one that is exercise a right of personal
broken) or some governmental autonomy or political expression
policy, and to influence public or participation,
opinion concerning the same.
C.J.S.
civil disorder n. A public
disturbance by three or more such as the freedom of speech or
people involving acts of violence religion, without governmental
that cause immediate danger, influence or limitation. See also
damage, or injury to others or civil right, liberty, and right.
their property. civil procedure See procedure.

civil forfeitureSee forfeiture. civil right n. 1 Any

civil law n. 1 A legal system governmentally recognized or

derived from Roman law and constitutionally or legally

based on fixed rules and statutes protected economic, personal, or

rather than on a court’s political liberty or right of an

interpretation of broad principles. individual. 2 In the United States,

Prominent in continental Europe, any of the liberties and rights

Latin America, Scotland, Quebec, guaranteed by the Bill of Rights,

and Louisiana. See also common the Thirteenth, Fourteenth,

149

Fifteenth, and Nineteenth civil union n. A relationship

Amendments to the United States between cohabitating members of
Constitution, and legislation the same sex, legally recognized
designed to protect or encourage in some states, that conveys to
the exercise of those rights. 3 the couple some or all attributes,
Freedom from discrimination, benefits, and rights of marriage
especially that based on race. for purposes of that state’s law,
See also civil liberty, liberty, but not for purposes of other
and right. states’ laws or federal law. See
also cohabitation and marriage.
Civil Rights Act n. One of the
federal statutes adopted either C.J. abbr. 1 Chief justice.
after the Civil War (1861–1865) or 2 Chief judge. 3 Circuit
in the 1950s and 1960s for the judge. 4 Corpus juris.
purpose of protecting and
C.J.S. abbr. Corpus Juris
encouraging the exercise of the
Secundum. claim
liberties and rights guaranteed by
the
claim 1 v. A demand for money
Thirteenth, Fourteenth, Fifteenth,
or property. 2 n. An assertion that
and Nineteenth Amendments to
one is entitled to, or the perceived
the United States Constitution,
or actual right to receive, money
especially the exercise of voting
or property. 3 n. The totality of
rights and the prohibition of
facts that gives rise to a right to
discrimination in employment,
receive money or property that is
education, and public
enforceable in court. 4 n. In some
accommodations on the basis of
states and in the federal courts,
age, color, race, religion, or sex.
the same as claim for relief.
 150

claimant n. An individual or entity action is based on and who seek

who asserts a right or demand to to collectively participate in the
money or property. action so all their claims can be
adjudicated in a single
claim for relief n. An assertion of
proceeding. For example, the
a collection of facts that, if true,
passengers of a cruise ship who
would entitle a party to be
became ill due to the cruise line’s
awarded a remedy from another
negligence may constitute a
party by a court. See also cause
class.
of action and claim.
testamentary class. A group of
class n. 1 A category of activities,
individuals who will share a
objects, people, or qualities that
testamentary gift upon the
have, or are considered to have,
death of a testator but whose
certain attributes or
exact number and identity is
characteristics in common. 2 An
not known until the testator’s
identifiable group of individuals
death. For example, if a gift is
that a regulation or statute deals
“to my children who survive
with or acts upon differently than
me,” it will not be known until
it does other people. If the group
the testator’s death who those
is identified by gender, race,
children are. See also gift.
national origin, or religion, such a
group is called a protected class class actionSee action.
or a suspect class. See also
Clayton Act n. A federal statute,
suspect classification. 3 A
adopted in 1914, that amends the
group of individuals who have,
Sherman Antitrust Act and
with the plaintiff in a civil action, a
prohibits certain business
common interest in the subject,
practices, such as price
facts, and legal issues that the
151

discrimination as well as Constitution, may restrict, prohibit,

particular mergers
acquisitions, if the practice might
substantially reduce competition
or create a monopoly in a line of
commerce. See also antitrust
law and Sherman Antitrust Act.
CLE abbr. See Continuing
legal education.
clean hands n. The quality of a
person who acted in an equitable
way (that is, fair, just, proper,
reasonable, with good faith) in a
dispute or transaction, for which
he or she is now seeking relief or
asserting a defense in an action
in equity. See also
hands.
clear and convincing evidence
See evidence.
and or punish speech or the printing
and distribution of words if it is
necessary to prevent a clear and
present danger of an event that
the government has a right to
prevent. For example, the
government may prohibit a
person from falsely crying out
“Fire!” in a crowded room in order
to prevent panic and injury. This
principle was first articulated in
the United States Supreme Court
case of Schenck v. United States
(1919).
clearinghouse n. 1 A place
where banks daily exchange the
unclean
checks, drafts, and other forms of
indebtedness that are held by one
bank and owed to another, and
settle their balances all at one

clear and present danger n. In time. 2 A place where brokers in

constitutional law, the principle stock or commodities exchanges

that the government, daily settle their debits and credits

notwithstanding the First with one another. 3 A place for

Amendment to the United States the exchange of information

concerning a specific topic.
 152

clearly erroneous n. The correspondence, or does other

standard that an appellate court similar duties in an office.
normally uses to review a trial
court clerk. The court official in
judge’s findings of fact when a
charge of some or all of the
civil case that was tried without a
administrative aspects of the
jury is appealed. The appellate
court’s operations, including
court may not reverse the
the filing, processing, and
decision merely because, based
maintenance of court records;
on the facts, it would have
preparing summons and other
reached a different conclusion.
papers that commence a
However, it may reverse the
lawsuit, including
decision if the appellate court
endorsement or placement of
determines that the trial court’s
raised seal to signify that the
decision was clearly erroneous,
papers are official documents
even if there is some evidence in
of the court; and entering
the facts to support the decision.
judgments.
See also abuse of discretion
and error. clear title See title. law clerk. 1 A law student who
is employed as an assistant to
clemency n. 1 An act of mercy or
a lawyer or judge and does
leniency. 2 The grant by the
legal research; helps with the
president or by the governor of a
writing of briefs, opinions, and
state of an amnesty, pardon, or
other legal documents; and
reprieve or of a commutation of a
performs similar tasks. 2 A
criminal sentence.
lawyer, usually a recent
clerk n. One who keeps records graduate of a law school, who
or accounts, attends to is employed as an assistant to
a judge and does closing
153
legal research and helps with
case management and the
writing of opinions.
client n. One to whom a lawyer
formally renders legal advice,
pursuant to an oral or written
agreement for such advice to be
given; any individual to whom a
lawyer provides advice
legal matters.
close 1 n. An enclosed place or
tract of land. 2 n. The visible
boundary around an enclosed
place or tract of land, consisting
of a fence, hedge, wall, or similar
structure, or the invisible
boundary around an unenclosed
place or tract of land.
boundary is “broken” if anyone
crosses the boundary without
permission or an invitation from
the land’s owner. See
breach. 3 n. The legal interest of
one who owns a particular piece
of enclosed or unenclosed land. 4
v. To consummate, conclude, or
bring to an end, especially a
discussion or negotiation. See
also closing. close corporation
See corporation. closed
session See session. closed
shop See shop.
closely held corporation See
corporation.
closing n. 1 The final step in the
about
purchase of real property or of an
interest in real property when a
deed or another instrument of title
is conveyed to the buyer, the
purchase price or a portion
thereof is paid, and collateral
matters, such as the exchange or
transfer of any assignments,
insurance policies, leases, and
The mortgages, are finalized. 2 The
termination of the administration
of a decedent’s estate after the
estate’s assets are distributed,
also taxes and other liabilities are paid,
and all the necessary documents
have been filed with the court.
 154

closing argument one conspirator, as long as they

were done or said during or in
closing argumentSee argument. furtherance of the conspiracy, to
be admitted into evidence at the
closing statement n. 1 Same as
trial of another conspirator, even if
closing argument. See argument.
done or said in the defendant’s
2 A detailed written summary of
absence. In federal court and in
the costs (bank fees, legal fees,
some states, the act or statement
purchase price, and so on)
is admissible even if done or said
involved in conveyance of real
after the conspirators were
property or an interest in real
arrested and in custody.
property.
code n. 1 A systematized
cloud on title n. A defect or
collection of regulations, rules, or
potential defect in the record of
statutes of a particular jurisdiction.
the title to real property that
See also Code of Federal
evidences a possible outstanding
Regulations and United States
claim or encumbrance (such as
Code. 2 A systematized collection
an easement or a lien) that could
of all statutes, or a single
annul or impair title to the
comprehensive statute, dealing
property.
with one area of the law. See also
COBRA abbr. See Consolidated Bankruptcy Code, Uniform
Omnibus Budget Consumer Credit Code, and
Reconciliation Act of 1985. co- Uniform Commercial Code.
conspirator See conspirator.
co-defendant n. One of multiple
co-conspirator exception n. An defendants sued in the same civil
exception to the hearsay rule that action or formally accused of
allows the acts and statements of
155

committing together the same be executed with the same

crime. See also joinder. formalities as a will.

Code of Federal Regulations n. codify v. 1 To arrange, compile,

The official annual compilation of organize, and systematize into a
all regulations and rules code the statutes, or the entire
promulgated during the previous body of law (including case law)
year by the agencies of the of a country or state or the
United States government, statutes or the body of law
combined with all the previously concerning a particular area of
issued regulations and rules of the law. 2 To enact a statute that
those agencies that are still in restates the body of a particular
effect. Abbreviated CFR. area of law including applicable
common law principles and the
Code of Military Justice
judicial interpretation of previous
Compilation of laws and
or existing statutes. See also
procedures governing court
statute.
martials and all court proceedings
involving military personnel. codification n. The process of
codifying existing statutes or an
Code of Professional
existing body of law into a code.
Responsibility See Model Rules
codifying statute See statute.
of Professional Conduct.
coerced confession See
code pleadingSee pleading. confession.

codicil n. A testamentary coercion n. 1 Constrain or

document that adds to, subtracts restrain by physical force or the
from, qualifies, modifies, revokes, threat of such force. See also
or otherwise alters or explains an duress and undue influence. 2
existing will. To be valid, it must The improper use of economic
 156

power to alter, shape, or cognovit clause n. A contractual

otherwise control the actions of provision whereby a party agrees
another. to the entry of a judgment against
him in a particular court or courts
cogent adj. Convincing; strongly
without any notice or opportunity
appealing; compelling action,
to present a defense if he should
assent, or belief.
default on his obligations or
cognation n. Relationship by otherwise breach the contract.
blood, whether through a The use of such clauses are
common female or male outlawed or restricted in most
descendant, rather than by states.
marriage.
cohabitation n. The act of a man
cognizable adj 1 Within the and a woman, unmarried to each
jurisdiction of a court, a dispute other, publicly living together in an
that a court has the power to intimate relationship as if husband
adjudicate. 2 Capable of being and wife. Although a crime in
known or recognized. most states, it is seldom

cognovit n. Latin. He has prosecuted. Where illegal, it is

conceded. also called illicit cohabitation,

lascivious cohabitation, and
An acknowledgment of a debt or
notorious cohabitation. See also
liability in the form of the debtor’s
fornication, bigamy, civil union,
written consent to a judgment
and marriage.
taken against the debtor by the
creditor, if a particular event does collateral 1 adj. Secondary;
or does not occur. subordinate; supplemental. 2 n.
Property, including accounts,
contract rights, and chattel paper,
157

that is subjected to a security collateral consanguinity. See

interest in exchange for credit or consanguinity. collateral
as security for a debt. 3 adj. estoppel. See estoppel.
Indirect; on a parallel or diverging collateral heir. See heir.
line. collective mark collateral source rule. In tort
law, the doctrine that any
collateral ascendant. A compensation, such as
relative, such as an aunt, insurance benefits, received
uncle, or cousin, who has a by an injured party from a
common ancestor with a source that is independent of
person but is not that person’s the tortfeasor does not reduce
ancestor. Also called the damages that the
collateral. See also ancestor tortfeasor is obligated to pay.
and descendant. See also subrogation.

collateral attack. An attack in a collation n. The addition to the

judicial proceeding against estate of an intestate of the value
another judicial proceeding or of the advancements made by the
a judgment entered in another intestate to his or her children so
court. For example, a party in that the estate can be divided in
Florida may attack a judgment accordance with an intestacy
entered against him by an statute. See also advancement.
Alaska court on the grounds
collective bargaining n. In labor
that Alaska did not have
law, negotiations between an
jurisdiction over him or the
employer and a labor union or
underlying cause of action.
other group representing
See also habeas corpus and
employees concerning the terms
direct.
and conditions of the employees’
 158

work. See also bargaining unit discussion between the lawyers

and lockout. and the judge during a judicial
proceeding.
collective mark n. A servicemark
or trademark used by the collusion n. 1 An agreement
members of an association, club, between two or more individuals
union, or other group to identify to perpetrate a fraud or to commit
and distinguish themselves or an illegal act. 2 In divorce law, in
their products or services. When states that do not have no-fault
colloquium divorce, an agreement between
husband and wife to suppress
referring to a collective mark that facts, manufacture false
signifies membership in a group, evidence, or to do some act that
also called collective membership would create or appear to create
mark. a ground for divorce. If
discovered, the agreement will
colloquium n. In a case of libel or
cause the divorce to be denied.
slander, the assertions or
allegations in the plaintiff’s color n. 1 A false appearance;
pleading, or the evidence disguise; pretext; especially the
presented by the plaintiff at trial, false appearance of a claim to
showing that the alleged legal right, authority, or office.
defamatory statement or writing See also color of law and color
by the defendant referred to the of title. 2 The skin complexion of
plaintiff. See also inducement people who do not belong to the
and innuendo. Caucasian or Caucasoid ethnic
group. The term is frequently
colloquy n. Any formal
added to “race” in constitutional
conference, conversation, or
159

provisions and statutes barring approved by a statute. Depriving

discrimination. a person of his or her federal civil
rights under color of law is, in and
Colorado River abstention
of itself, a federal crime and a
See abstention.
ground for a cause of action. Also
colorable adj. That which called under color of law. If the
appears plausible or reflective of conduct violates a federal civil
reality, but is deceptive, intended right or criminal law, it is also
to conceal, does not correspond called state action. See also
with reality, or is not authentic or color of title.
valid.
color of title n. A written
color of law n. The conduct of a instrument, such as a forged
police officer, judge, or another deed, that falsely appears to
person clothed with governmental convey title. See also color of
authority that, although it law.
superficially appears to be within
comity n. The deference and
the individual’s lawful power, is
recognition that the courts of one
actually in contravention of the
jurisdiction give to the law and the
law. For example, a police officer
judicial decisions and
who makes a false arrest while on
proceedings of another
duty, or while off duty but when
jurisdiction as a matter of
they are wearing a uniform or
courtesy and respect rather than
badge, is acting under color of
out of obligation. For example,
law. In some circumstances, the
comity normally prevents a
phrase also applies to the
federal court from interfering with
conduct of private individuals that
a state criminal action. Likewise,
is specifically authorized or
American courts usually
 160

recognize the judicial decisions witnesses. In many states, judges

(for example, a judgment or a are not permitted to make such
divorce decree) of another statements. Furthermore, a
country if it is determined that the prosecutor may not comment on
judicial procedures of that country the defendant’s refusal to testify
are substantially fair. See also in a criminal action. When made,
abstention, full faith and credit, such prohibited statements are
and relinquishment. sometimes called an
impermissible comment on the
comity clause See
evidence.
privileges and immunities.
commerce n. The exchange of
comment n. 1 A scholarly article
goods, materials, products, and
or essay, usually written by a law
services or the travel of people.
student and published in a law
review, analyzing a judicial foreign commerce. Commerce
decision and its context in the that involves the transport of
law. See also annotation and goods, materials, products,
note. 2 An explanation of a services, or people across
statute, code section, or international boundaries.
administrative rule written by the
interstate commerce.
drafters of the statute, section, or
Commerce that involves the
rule. See also annotation.
transport of goods, materials,
comment on evidence n. products, services, and people
Statements made during a trial by within the United States but
a judge or lawyer regarding his or across state boundaries.
her own opinion about the
intrastate commerce.
evidence and the credibility of the
Commerce that completely
161

takes place within the commercial paper n. A

boundaries of a state. negotiable instrument evidencing
a debt to be unconditionally paid
commerce clause n. The
on demand or at a specified time
provision in the United States
and payable to order or to the
Constitution that gives Congress
instrument’s bearer; includes
the sole power to regulate the
such instruments as certificates of
United States’ foreign commerce,
deposit, checks, drafts, and
interstate commerce, and
notes. The use of commercial
commerce with Native American
paper is generally governed by
tribes.
the Uniform Commercial Code.
commerce power See Also called paper. See also
commerce clause. commercial accommodation paper and
frustration See frustration. chattel (chattel paper).
commercial name See
commercially reasonableSee
tradename.
reasonable.
commercial law n. The
substantive law concerning the commercial unit n. A unit of

purchase and sale of goods that is regarded by trade or

commission commercial usage to be a single

goods and related matters such
as the financing of credit, secured
transactions, and negotiable
instruments. Most commercial law
in the United States is set out in
the Uniform Commercial Code.
whole that cannot be divided
without materially diminishing or
harming its character, market
value, or use; for example, a chair
is a commercial unit.
commingling of funds n. The
mixing by a fiduciary, trustee, or
 162

lawyer of the money or property in a transaction or a percentage

of a customer or client with his of the value of the property
own without a detailed and exact involved. See also kickback and
accounting of which part of the royalty.
common funds and property
commit v. 1 To do; perpetrate. 2
belong to the customer or client.
To order a person’s placement in,
commission n. 1 A formal written or to send a person to, a hospital,
document from a government or mental health facility, prison, or
court empowering the individual similar institution, especially
named therein to hold an pursuant to court order.
appointive office or to perform
commitment n. 1 A promise,
official duties. In the case of an
vow, or agreement to do
appointive office, the individual
something. 2 An order, especially
must receive the commission
one from a court, directing that a
before she can act in their official
person be taken to and placed in
capacity. 2 See administrative
the care or custody of a hospital,
agency. 3 A group of individuals
mental health facility, prison, or
appointed by a governmental
similar institution.
authority to perform some public
service on an ad hoc basis. 4 The civil commitment. The

act of committing or commit commitment of a person to a

hospital, mental health facility,
or similar institution upon a
perpetrating a crime. 5
civil court’s finding that the
Compensation paid to an agent,
person is ill, incompetent,
employee, executor, or trustee
addicted to drugs, or in some
based on a percentage of the
money collected or to be collected
163

similar circumstances and is a voluntary commitment. The

danger to himself or others. commitment of a person to a
hospital, mental health facility,
diagnostic commitment. 1 The
or similar institution at the
incarceration of a person while
request or with the consent of
it is determined whether she is
the individual.
competent to participate in the
preparation and presentation committee n. 1 A person or
at trial of a defense in a group of people who are
criminal action. 2 The members of a larger body or
incarceration of a person after organization and are appointed or
she has been convicted of a elected by the body or
crime while an appropriate organization to consider,
sentence is determined. investigate, or make
recommendations concerning a
mandatory commitment. The
particular subject or to carry out
automatic commitment of a
some other duty delegated to it by
person found not guilty of a
the body or organization on an ad
crime by reason of insanity to
hoc or permanent basis. 2 A
a hospital, mental health
person who has been civilly
facility, or similar institution.
committed. 3 The guardian of a
Required under federal law
civilly committed person or the
when dealing with a person
individual into whose care an
charged with a federal crime,
incompetent person has been
but not required by law in
placed. See also conservator.
most states.

mortgage commitment. See commodity n. Any tangible good

mortgage. or product that is the subject of

sale or barter.
 164

common area n. 1 In landlord- Although much of what was once

tenant law, a part of the premises part of the common law, such as
that is used by all the tenants, of commercial law and criminal law,
which the landlord retains control has been codified, other areas of
and is responsible to maintain in a the law, such as contract law,
reasonably safe condition; for property law, and tort law, are still
example, an elevator, hallway, or primarily governed by the
stairway. 2 An area that is owned principles of the common law.
and used by the residents of a See also case law, casus
condominium or similar housing omissus, civil law, and natural
development. common carrier law. 2 The legal procedures and
See carrier. decisions of courts of law as
distinguished from courts of
common law n. 1 A legal system
equity. Also called law.
derived from the broad and
comprehensive principles federal common law. The case
encompassed within the unwritten law derived from federal court
laws of England and applied in decisions interpreting federal
most English-speaking countries, statutes or addressing other
including the United States matters of federal concern.
(except the state of Louisiana). common law marriage See
The principles are created and marriage.
modified by judicial decisions;
common law property state See
passed on through custom,
common law state.
traditional usage, and precedent;
are adaptable when applied to common law state n. A state

new facts and circumstances; and whose rules governing the

are changeable when required. ownership, division and

165

inheritance of income and confidential communication. A

property acquired by a husband communication made during
or wife during the course of their the course of a confidential
marriage holds that, subject to relationship that is legally
various qualifications, each protected from involuntary
spouse owns and has complete disclosure and may be
control over his or her own withheld from evidence. See
income and property. Also called also privilege. commutative
common law property state and justice
separate property state. See also
elective share, equitable privileged communication. A
distribution, property, and communication made,
community property state. whether or not during course
of a confidential relationship,
commonwealth n. 1 The people
that is legally protected from
of a state or country. 2 A state or
involuntary disclosure and
country where sovereignty is
may be withheld from
vested in the people.
evidence. See also privilege.
communication n. 1 The
community n. 1 A group of
exchange, imparting, or
people living together or in the
transmission of ideas,
same locality or who share
information, opinions, or thoughts,
interests or a sense of identity. 2
transmitted electronically or by
The area, district, locality,
gestures, speech, or writing. 2 A
neighborhood, or vicinity where a
message so exchanged,
group of people lives.
imparted, or transmitted.
 166

marital community. A married of them by gift or inheritance, is

couple in a community community property.
property state.
commutation n. In criminal law,
community notification law See the president’s or governor’s
Megan’s Law. substitution of a less severe
punishment for a greater one that
community of interest n. A
was imposed by a court in a
common grievance, interest, or
criminal action. See also
other similarity among a group of
amnesty, pardon, and reprieve.
people that justifies treating them
commutative justice See
as a class for legal purposes. See
justice. compact
also action.

community property n. In a
compact n. An agreement
community property state, the
between two or more parties,
income and property acquired by
especially between states or a
a couple during the course of their
treaty between countries.
marriage, except for the income
or property obtained solely by one interstate compact. An

of them by gift or inheritance. See agreement between two or

also property, equitable more states that has been

distribution, and tenancy. approved by Congress.

community property state n. A compact clause n. A provision in

state in which income or property the United States Constitution

acquired by a husband or wife that prohibits a state from

during the course of their entering into an agreement with

marriage, except for the income another state or a foreign country

or property obtained solely by one without Congressional approval.

167

company n. A group of corporation, the owners are

individuals, such as an personally liable to the
association, corporation, company’s creditors if the
partnership, or union, associated company cannot pay its bills.
for the purpose of carrying out, See also company.
maintaining, or performing a
limited company. A company,
commercial or industrial
usually a corporation, in which
enterprise.
the investor or shareholder’s
holding company. A company, liability is limited to the amount
usually a corporation, invested or the value of the
organized to influence or person’s share.
control other companies by
limited liability company
such means as owning large
(LLC). An entity that blends
amounts of stock in other
features of a corporation and
corporations. See also
a partnership, but is neither;
company.
owners are called “members”
joint stock company. An and may consist of one or
unincorporated company more individuals, corporations,
whose owners pool capital or even other LLCs. Members
into a common fund in have some of the same
exchange for a number of protection as stockholders in a
shares proportionate to their corporation, especially, no
respective investments. personal liability.
However, unlike a partnership,
parent company. A
the shares can be transferred
corporation that owns more
without the express consent of
than half of the voting stock of
the other owners and, unlike a
another corporation. Also

called parent corporation. See
also affiliate, company,
corporation, and subsidiary.
personal holding company. A
holding company, usually with
a limited number
shareholders and with over
half of its income coming from
such passive sources
capital gains, dividends,
interest, rent, and royalties.
The income is subject to a
special tax in order to prevent
individuals from avoiding
income taxes by placing their
assets in such corporations.
trust company. A company,
usually incorporated,
provides trust services, such
as administering trusts and
managing funds and property
held in trust. Trust companies
sometimes operate
commercial banks as well.
comparative negligence See
negligence.
168
compelling governmental
interest test See compelling
interest test.
compelling interest test n. In
constitutional law, a method for
of determining the constitutionality of
a statute that restricts the practice
of a fundamental right or
as distinguishes between people due
to a suspect classification. In
order for the statute to be valid,
there must be a compelling
governmental interest that can be
furthered only by the law in
question. Also called compelling
governmental interest test and, in
the case of a state statute, the
compelling state interest test.
that
compelling state interest test
See compelling interest test.
compensating use tax Same as
use tax. See tax.
as
compensation n. 1 Payment for
work done. 2 Payment for injury,
loss, or otherwise depriving a
169

person of something he or she is taking. See also eminent

entitled to. See also damages. domain.

deferred compensation. 1 compensatory damages See

Payment at some agreed time damages.
in the future for work already
competent 1 Possessing
done. 2 Payment for work
sufficient mental ability to
done paid in a tax year
understand an issue, problem, or
subsequent to when the
situation; to make a reasonable
payment is earned or paid in a
decision concerning it; and to
manner, such as contributing
understand and appreciate the
to a qualified pension or profit-
potential consequences of the
sharing plan, that postpones
decision. See also capacity,
the employee’s tax liability for
compos mentis, and insanity. 2
the payment.
Possessing the legal authority,
just compensation. The jurisdiction, qualification, or legally
compensation to a property required mental ability to perform
owner required by the Fifth a task. competent evidence. See
Amendment to the United evidence. competent witness.
States Constitution whenever See witness. complaint
a state government or the
federal government takes competition n. Rivalry, as
possession of private property between two individuals or
by means of eminent domain entities, a quest to secure an
for public use. Generally, the advantage over another; in
amount of compensation is business, rivalry for customers or
the market value of the a share of the marketplace. See
property at the time of the unfair competition.
 170

compilation n. 1 In copyright law, facts contained in the original

an assemblage of data or complaint.
preexisting literacy works that is
criminal complaint. A
selected and arranged in such a
document, signed and sworn
way that it results in an original
to by a victim or witness to a
work of authorship. 2 A collection
crime or by a police officer,
of updated statutes that have
alleging facts that give rise to
been rearranged to make their
a reasonable belief that a
use more convenient.
crime has been committed
complainant n. 1 One who and that a person named in
enters a complaint against the instrument committed that
another in a civil action. 2 One crime. Also called a complaint.
who signs and swears to a
third-party complaint. A
criminal complaint.
complaint by the defendant in
complaint n. The initial pleading a civil action against a person
of a plaintiff in a civil action that or entity who is not a party to
identifies the court’s jurisdiction, the proceeding, to whom the
the alleged facts that entitle the defendant alleges a right of
plaintiff to relief, and the relief contribution or indemnity from
sought. See also ad damnum that person, should the
clause, bill, petition, and prayer. defendant completed
contract method
amended complaint. A
complaint that substitutes for
be found liable to the plaintiff.
the original complaint and
See also action.
adds to, corrects, revises, or
subtracts from the alleged
171

well-pleaded complaint. A debt for an amount less than what

complaint in a civil action that is alleged to be due. 3 To agree,
identifies the court’s in exchange for consideration, not
jurisdiction, the alleged facts to prosecute a crime or seek
that entitle the plaintiff to relief, punishment for the convicted
and the relief sought in a criminal. See also compounding
manner sufficient for the a crime.
defendant to respond to the
compounding a crime n. The
issues contained therein.
offense committed by a victim of a
completed contract method An crime when he or she fails to
accounting method that does not report or prosecute the offender
record the income and expenses or agrees to hamper prosecution
of a long-term project until the in exchange for a bribe, act of
project is completed. See also atonement, or making of amends
accrual method and cash by the criminal. In some states, it
method. completion bond See is not a crime if the victim agrees
bond. not to prosecute when the
criminal returns what was taken
compos mentis adj. Latin.
or pays remuneration to the victim
Master of one’s mind. In sound
for the injury or loss. See also
mind; mentally competent.
misprision of felony.
Sometimes shortened to compos.
compound interest See
See also non compos mentis.
interest. compromise 1 n. An
compound v. 1 To determine the agreement between two or more
interest on the principal and on parties to settle differences
whatever interest has already between them by mutual
accrued. 2 To settle a claim or concessions. 2 n. The result of
 172

such concessions. 3 v. To end a compulsory process n. The right

dispute by compromise. 4 v. To of a defendant to utilize the
adjust by subpoena power to compel the
concessions. 5 n. Something appearance of favorable
midway between two or more witnesses at trial. In civil actions,
conflicting, different, or opposing the right is established by statute
things. 6 n. A partial payment and, in some states, by the state
made by a debtor in exchange for constitution. In criminal cases, it is
the creditor’s promise not to seek established by the due process
payment of the remainder owed clause of the Sixth Amendment of
or claimed. compromise verdict the United States
See verdict. Constitution. In some cases, the
right is also available during
compulsory adj. Compelled,
hearings or investigations
mandated, obligatory, or required,
conducted by an administrative
especially if by legal process or a
agency or a legislative committee.
statute.
computer crime See crime.
compulsory appearance See
computer fraud See fraud.
appearance.
concealed carry law n. A state
compulsory arbitration See statute that allows private
arbitration. individuals to conceal loaded

compulsory counterclaim See handguns upon or about their

counterclaim. compulsory bodies.

joinder See joinder. concealed weaponSee weapon.

compulsory nonsuit See
concealment n. 1 The act of
nonsuit.
hindering or preventing the
173

discovery, knowledge, or sight of plaintiff discovers or should have

something. 2 The hiding or discovered the claim.
placement of an object out of
concerted action n. Activity that
notice or sight.
is planned, agreed upon,
active concealment. The arranged, and carried out by
concealment by deeds or parties acting together with the
speech of something that one shared intent to pursue some
has a duty to reveal. scheme or cause. Typically, each
party involved is civilly and
fraudulent concealment. The
criminally liable for the actions of
failure to inform another of a
all the other parties committed in
material fact that one has a
furtherance of the scheme or
duty to reveal, with the
cause. Also called concert of
intention that the other party
action. See also conspiracy,
rely upon the omission to his
tortfeasor, and concert of
or her detriment.
action rule.
passive concealment. The
concert of action See
concealment of something by
concerted action.
maintaining silence when one
has a duty to speak. conclusion of law

concealment rule n. The legal

doctrine that when a plaintiff is concert of action rule n. In

hindered or kept from discovering criminal law, the doctrine that two

the existence of a claim by the or more parties who agree to

actions of a defendant, the statute commit a particular crime cannot

of limitations is tolled until the be prosecuted for conspiracy or

concerted action if the
 174

agreedupon crime can be conciliation, arbiter, arbitrator,

committed only by the exact and mediation.
number of parties involved.
conclusion of fact n. A
However, if any additional parties
deduction reached without
also participate in the underlying
applying any substantive law, but
crime, all participants may be
entirely from facts that are
liable for conspiracy or concerted
observed or shown to be true or
action. Also called Wharton Rule.
genuine. For example, the
See also concerted action,
determination that Jones’ bicycle
conspiracy, and tortfeasor.
had a flat tire when he purchased
conciliation n. 1 The amicable it is a conclusion of fact. See also
resolution of a dispute. 2 A conclusion of law and findings
method of alternative dispute of fact.
resolution whereby a third party,
conclusion of law n. An
who is usually but not necessarily
inference reached by applying
neutral, meets with the parties
substantive law to the facts. For
and assists them to find a way to
example, unless there is an
settle their dispute. See also
express or implied warranty or
arbitration, mediation, and
products liability law that applies
summary proceeding. 3 In
to Jones’ bicycle, the substantive
family law, an attempt by a third
legal principle known as caveat
party to assist a couple to settle
emptor will prevent conclusive
their differences and stay
presumption
together. See also mediation.

conciliator n. A person who Jones from holding the seller of

helps parties to find a way to the bicycle liable for the bike’s flat
resolve their disputes. See also
175

tire. See also conclusion of fact guilty of a crime or to impose

and findings of fact. sentence, especially a severe
penalty such as death or life
conclusive presumption See
imprisonment. 3 To adjudge
presumption.
something, often a building, to be
concur v. 1 To agree, approve, or illegal, unfit for public use, or a
consent to, especially regarding hazard to the public and order it
an action or opinion. 2 Regarding to be destroyed.
a decision of a court or court
condemnee n. 1 A person or
panel that has more than one
entity whose property has been
judge, to agree with the opinion of
condemned or is about to be
another judge, but not necessarily
expropriated. 2 A person or entity
for all the same reasons or for a
who claims an interest in property
different reason altogether. See
that is being expropriated.
also dissent.
condemnor n. A governmental or
concurrent adj. 1 Existing or
semi-public entity that has
occurring at the same time. 2
condemned, or has the power to
Cooperating; coordinated; united
condemn, private property.
in purpose, action, or application.
3 Simultaneously having authority condition n. 1 A prerequisite or
or jurisdiction over the same legal stipulation in an instrument. 2 A
action, dispute, or matter. future and uncertain event, fact,
or circumstance whose existence
condemn v. 1 To expropriate
or occurrence is necessary for the
private property, usually land, for
existence or determining the
public use. See also
extent of an obligation or liability.
appropriation and eminent
See also estate and fee simple.
domain. 2 To adjudge someone
 176

concurrent condition. A or tacit approval by a victim of

condition precedent that must another’s illegal or objectionable
exist, occur, or be performed act, especially by treating the
at the same time as another, other person as if nothing
but separate, condition before happened. 2 In family law, an act
a duty or obligation arises. (especially participation in sexual
relations) indicating forgiveness
condition precedent. A
by one spouse of the other
condition (other than lapse of
spouse’s improper conduct (such
time) that must exist, occur, or
as adultery) when that wrongful
be performed before a liability
conduct is a potential ground for
or obligation arises.
divorce. In some states,
condition subsequent. A condonation is an affirmative
condition that, if it occurs or defense in a divorce action if the
comes into existence, will act asserted as grounds for the
extinguish a duty or obligation. divorce is the act that was

condominium n. An individual condoned, the act was not

residential or commercial unit in a repeated after the condonation,

multiunit building wherein each and the spouse who acted

unit’s owner also owns the wrongfully does not deny conjugal

common areas, such as the rights to the other spouse. See

hallways and elevators, as a also connivance.

tenant in common with the other confession n. An admission that

units’ owners. See also one has committed a crime or any
cooperative. other incriminating statement

condonation n. 1 The made by a person.

forgiveness, purposeful disregard,

177

coerced confession. A adultery is a ground for divorce, a

confession induced by the plea of condonation would be a
police or other law confession and avoidance.
enforcement officers’ use of
confession of judgment n. 1 A
threats or force.
person or entity’s voluntary
involuntary confession. 1 A agreement to the entry against
confession induced by the them of a judgment in favor of
police or other law another person or entity upon the
enforcement officers’ use of occurrence or nonoccurrence of
coercion, deceit, promises, or an event without the cost,
psychological pressure. 2 A formality, or time of a legal action
confession obtained in or the presentation of a defense
violation of the Miranda Rule. in court. Also called cognovit
judgment. 2 A judgment taken
oral confession. See voluntary
against a defendant by a plaintiff
confession.
pursuant to such an agreement,
voluntary confession. A especially if the defendant owes
confession that is not money to the plaintiff at the time
involuntary. Also called an oral the agreement was made, and
confession. the event that allows the plaintiff

confession and avoidance n. A to enter the judgment is the

pleading in which a defendant defendant’s failure to pay the

admits the allegations against amount owed or a portion thereof

him, but alleges additional facts on time. Also called cognovit

that negates the adverse legal judgment. 3 The document

effect of what he has admitted. wherein a defendant made such

For example, in a state where

 178

an agreement before the enforcing an arbitrator’s decision.

judgment was entered. See also award, order, and
judgment. 3 In commercial law,
confidence game n. An
an agreement, usually by a bank,
intentional misrepresentation of
to honor a letter of credit issued
past or present facts in order to
by someone else, usually another
gain a person’s trust so that she
bank, and to seek reimbursement
will transfer money or property to
from the instrument’s issuer. 4 In
the individual making the
property law, a conveyance of an
misrepresentation. Also called a
interest in real property to one
con game. conflict of interest
who has or claims an existing
interest in the property, thereby
confidential communication
curing a previous conveyance
See communication.
that was defective, increasing or
confidential relation n. Any making permanent a previously
relationship that carries with it a conveyed interest, or making
special trust or dependency avoidable estate certain and no
based on history, pattern of longer voidable. See also deed.
dealing, familial relationship, or
confiscation n. The appropriation
special circumstances.
of private property without just
confirmation n. 1 An action, compensation for the public use
declaration, document, or or treasury, often as a penalty
statement that corroborates, resulting from a criminal
ratifies, verifies, gives formal prosecution or when possession
approval, or assures the validity of the property is itself a crime.
of something. See also advice See also condemn.
and consent. 2 A court order
179

conflict of authority n. 1 A (such as one who represents two

difference of interpretation defendants in the same case).
regarding a point of law between
conflict of law(s) n. 1 A conflict
two or more courts, often courts
between the laws of two or more
of equal importance or rank (such
states or countries that would
as the highest appellate court in
apply to a legal action in which
two states). 2 A difference of
the underlying dispute,
opinion regarding a point of law
transaction, or event affects or
between two or more legal
has a connection to those
scholars, especially on a point or
jurisdictions. 2 The area of law
in an area of law where there is
that deals with the problems
little or no case law.
arising from such a conflict. See
conflict of interest n. 1 The real also choice of law, comity,
or apparent conflict between federalism, forum
one’s perconflict of law(s) nonconveniens, full faith and
credit, lex loci contractus, lex
sonal interest in a matter and loci delicti, and uniform laws.
one’s duty to another or to the conformed copy See copy.
public in general regarding the conforming use See use.
same matter. 2 The real,
confrontation clause n. The
apparent, or potential conflict
provision in the Sixth Amendment
between the duty owed to one in
to the United States Constitution
a matter and the duty owed to
guaranteeing a criminal defendant
another regarding the same
the right to hear and cross-
matter, especially if the person
examine at trial all the witnesses
who owes the duty is a lawyer
against them.
 180

confusion of goods n. The Senate, and created by the

mixing of items of personal United States Constitution.
property of like kind or nature
congressional immunity See
belonging to different owners to
immunity.
such an extent that it is
impossible to identify which congressional intent See

specific items belong to which legislative intent.

owner. con game See conjecture 1 n. A conclusion or

confidence game. inference based upon incomplete

conglomerate n. A corporate or uncertain evidence. 2 v. To

entity that owns or otherwise make a conclusion or inference

controls a group of other based upon such evidence.

corporations that engage in conjugal 1 adj. Pertaining to

unrelated businesses or marriage, the state of being
industries. married, or the relationship

congress 1 n. A formal assembly, between a husband and wife. 2 n.

conference, or meeting of The sexual relationship or

delegates or representatives. 2 v. relations between a husband and

To meet at a congress. 3 n. The wife.

legislature of various countries. conjugal rights n. The mutual

Congress. The national rights and privileges between two

legislature of the United individuals that arise from the

States consisting of two state of being married. These

branches, the House of include, among other things,

Representatives and the affection, companionship, co-

habitation, joint property rights,
and sexual gratification. See also
181

alienation of affections and connivance 1 n. The assent to,

consortium. encouragement of, or promotion
of another’s wrongdoing by
conjugal visit n. A visit by a
silence or feigned ignorance. See
person to his or her
also conspiracy. 2 v. To be in
institutionalized spouse (for
collusion with another person.
example, a prison inmate) during
See also conspiracy. 3 n. In
which privacy is provided to the
family law, the consent by one
couple, usually to permit them to
spouse of the other spouse’s
engage in sexual relations.
improper conduct (such as
conjunctive denial See denial.
adultery), either in advance of the
connect up See connecting-up conduct or while it is occurring,
doctrine. when that wrongful conduct is a

connecting-up doctrine n. The potential ground for divorce.

rule that allows evidence to be consanguinity n. The

admitted at trial, provided the relationship between people who
party submitting it will later share a common ancestor. See
present other evidence to show also degree, heir, and affinity.
its admissibility or relevance.
collateral consanguinity. The
Typically, the introduction of
relationship between people
subsequent evidence will
who share a common
“connect up” the earlier evidence,
ancestor but are not ascended
but if the original evidence is
or descended from one
never connected to the case, it
another.
will be disregarded by the
factfinder. lineal consanguinity. The
relationship between people
 182

who are ascended or be required to perform an

descended from one another. alternative form of service to the
country in a civilian or non-
conscience of the court n. A trial
combatant military role.
court’s equitable power to resolve
a dispute by applying the selective conscientious
community’s (but not the judge’s objector. A person who does
personal) notions of decency, not object to all wars, but only
fairness, and justice. to those he considers unjust.
Such an individual is not
shocks the conscience of the
exempt from service as a
court. Phrase used when a
combatant.
trial judge determines that a
jury or the parties to an action conscious parallelism n. A
acted beyond certain limits of decision by a business, made
decency and fairness. Such a independently and without any
determination will be grounds agreement with a competitor, to
for invalidating an award or follow a particular course of
verdict of the jury or a contract conduct that a competitor has
or other act of the parties. already taken. See also
conspiracy.
consequential damages
consecutive sentences See
conscientious objector n. A sentence.
person who, due to religious consecutive tortfeasors See
belief, refuses to participate as a tortfeasor.
combatant in any war. By law,
consent v. To acquiesce, agree,
such an individual is exempt from
approve, assent, to voluntarily
serving as a combatant, but may
comply or yield, to give
183

permission to some act or capacity or who has been

purpose. See also declared legally incompetent. See
acquiescence. age of consent. also committee and guardian. 2
See age. In some states, the same as
guardian.
express consent. Consent that
is clear, definite, exact, and consideration n. Something of
unmistaken. value to either the promisee or
the promisor of a contract (usually
implied consent. Consent that
cash, but also property, a promise
is not specifically expressed,
to do something or not to do
but that is inferred from one’s
something, and so on) that is
conduct.
given or will be given by the
informed consent. Consent promisee to the promisor in
given after being completely exchange for a performance or a
advised of the nature, promise of a performance by the
benefits, costs, and risks of a promisor. For the contract to be
suggested course of action. enforceable, the consideration

consequential contempt Same must be something that the

as constructive contempt. See promisee, to his or her detriment

contempt. consequential or loss, is giving up, or something

damages See damages. that benefits the promisor.

conservator gratuitous consideration.

Consideration that is neither a
conservator n. 1 The court- detriment or loss to a
appointed custodian of the promisee nor a benefit to the
property or financial affairs of a promisor. For example, the
person who is under the age of promise to pay for an item
 184

with something that is courts did not consider the

worthless to both the value of the consideration
promisee and the promisor is when determining the
gratuitous consideration. A enforceability of a contract,
contract based on such but today a nominal
consideration is consideration might be viewed
unenforceable. as evidence that the contract
is unconscionable or is, in
illegal consideration.
reality, a gift rather than a
Consideration that
contract.
contravenes the law, public
policy, or the public interest. past consideration.
For example, the promise to Consideration consisting of an
physically harm someone in act performed or promise
exchange for an item is illegal given in the past. For
consideration. A contract example, the promise to pay a
based on such consideration debt that one is already
is unenforceable. obligated to pay is past
consideration. A contract
nominal consideration.
based on such consideration
Consideration that is so small
is usually unenforceable
that it has no meaningful value
because, typically, the original
in light of the performance or
performance was done or the
promise that it is being
original promise was made for
exchanged for. For example,
some reason other than to
when buying a $10 million
exchange it for the current
business for only one dollar,
performance or promise of the
the dollar is nominal
promisor.
consideration. Traditionally,
185
sufficient consideration.
Consideration that is of a
great enough value to be
meaningful in light of the
performance or promise that it
is being exchanged for.
valuable consideration.
Consideration that is of a
great enough value to be
meaningful in light of the
performance or promise that it
is being exchanged for and
that has a measurable
financial value to either the
promisee or the promisor.
consideration, failure of See
failure of consideration.
consideration, want of See
want of consideration.
consignee n. One who receives
custody, but not ownership, of
goods that are consigned. See
also consignment.
consignment n. The bailment of
goods by their owner (the
consignor) to another person (the
consignee) to have the consignee
sell the goods on behalf of the
consignor in exchange for a
portion of the proceeds or to
deliver them to a designated
recipient. See also consignee.
consolidated appealSee appeal.
Consolidated Omnibus Budget
Reconciliation Act of 1985 n. A
federal statute requiring
employers who provide a group
health insurance plan for their
employees to continue providing
coverage to an employee for 18
months following termination or
firing, or to a spouse of an
employee in the event of divorce,
for a period of 36 months
following the entry of the divorce
decree, provided that the spouse
was covered by the employee’s
health insurance during the
marriage. Obligation for payment
of the health insurance premium
is borne by the terminated
employee or, in the event of
divorce, by the party designated
 186

in the divorce papers, but in no companionship between a parent

event by the employer. and a child. See also alienation
Abbreviated COBRA. of affections.

consolidation n. 1 The act of loss of consortium. The loss of

combining two or more things into such affection,
one. 2 In corporate law, the union companionship, and sexual
of two or more corporations into a gratification as a result of the
new corporation along with the negligent or intentional injury
dissolution of the original or death of a spouse. May be
corporations. See also merger. 3 the basis constant search
In civil procedure, the court-
ordered combination of two or for a tort action for alienation
more actions that involve the of affections or an element in
same parties or issues. In the determining the damages
end, there may be a single awarded in a wrongful injury
judgment for all the actions or a or death lawsuit.
separate judgment for each
conspiracy n. 1 An agreement or
original action. See also joinder.
combination by two or more
consortium n. 1 The affection, individuals to commit a crime or to
companionship, and sexual commit a lawful act by unlawful
gratification that one receives means. Making the agreement is
from another, especially from a a crime, even if the unlawful act
spouse or, in some states, a that is planned is never
fellow participant in a civil union. performed, but most states
See also alienation of affections require overt action by one of the
and conjugal rights. 2 In some conspirators to further the
states, the affection and conspiracy before the making of
187

the agreement becomes criminal. unindicted co-conspirator. One

A conspiracy to harm someone is who is alleged to have
also a tort. Also called partnership participated in a conspiracy,
in crime. See also tortfeasor, but is not indicted for the
concert of action rule, crime even though one or
accessory, accomplice, aid and more fellow conspirators are.
abet, attempt, connivance, Also called unindicted
conscious parallelism, and conspirator.
solicitation. 2 Two or more
constant search n. A search that
individuals acting together to
is conducted after a person who
commit a crime or to commit a
is authorized to do so waives his
lawful act by unlawful means
Fourth Amendment rights. The
even if they are not aware of each
burden of proof is thereafter on
other’s participation or role in the
the prosecution to show
conspiracy. For example, Smith
constitution
and Jones prepare to commit a
crime. Jones enlists Adam’s help.
that the consent was freely given,
Even though Adams and Smith
with no threats having been
are unaware of each other’s
brought to bear.
participation, there is a conspiracy
between the two to commit the constitution n. 1 The
crime and they will be held liable fundamental and organic laws
for each other’s actions. seditious and principles of a country or
conspiracy. See sedition. state that create a system of
government and provides a basis
conspirator n. One who
against which the validity of all
participates in a conspiracy. Also
other laws is determined. 2 The
called co-conspirator.
 188

fundamental rules governing an principals of a country or

association. state. For example, the United
States has a written
Constitution. The Constitution
constitution.
of the United States, written in
1787 and put into effect in constitutional adj. Consistent
1789. with, pertaining to, or mandated
by the constitution of a country or
unwritten constitution. The
state. See also unconstitutional.
body of fundamental and
organic laws and principles constitutional issue See
contained in a series of constitutional question.
statutes, court decisions,
constitutional law n. The body or
governmental proclamations,
branch of law concerned with the
and tradition that has been
study, interpretation, and
accepted as such by the
application of a country or state’s
government and people (often
constitution, including the issues
over generations or centuries).
of governance, the powers of the
For example, the United
branches and levels of
Kingdom has an unwritten
government, civil liberties, and
constitution that includes the
civil rights. constitutional
Magna Carta (written in 1215),
question n. An issue whose
the Bill of Rights of 1689, and
resolution requires the
other documents and tradition.
interpretation of a constitution
written constitution. A single rather than that of a statute.
written document that
constitutional right n. A liberty
embodies all the fundamental
or right whose protection from
and organic laws and
governmental interference is
189

guaranteed by a constitution. See constitution or statute. Also

also bill of attainder, contracts called broad interpretation.
clause, due process, equal
strict construction. The
protection, ex post facto law,
interpretation of a
freedom of contract,
constitutional or statutory
overbreadth, search, and self-
provision that applies only the
incrimination (privilege
literal words of the writing to
against).
circumstances that are not
construction n. The process of specifically addressed by the
interpreting, or the interpretation constitution or statute. Also
of, a constitution, statute, or call narrow construction.
instrument. See also legislative
constructive Something that,
history and intent.
while not actually true, is imputed
canon of construction. Any of by the law to exist or to have
the general principles that occurred and treated as if it were
courts apply to construe a actually so. For example, to say
statute or instrument whose “I’m giving you my car” and to turn
meaning is in dispute. over the car keys would probably
be considered a constructive
liberal construction. The
delivery of the vehicle itself. See
interpretation of a
also legal fiction, actual,
constitutional or statutory
apparent, and impute.
provision that applies the
constructive bailment. See
original intent, purpose, and
bailment.
spirit of the writing to
circumstances that are not constructive contempt. See
specifically addressed by the contempt. constructive
 190

delivery. See delivery. consumer protection law n. A

constructive eviction. See state or federal law designed to
eviction. constructive fraud. protect consumers against
See fraud. constructive improperly described, damaged,
notice. See notice. faulty, and dangerous goods and
constructive service. See services as well as from unfair
service. constructive trust. trade and credit practices.
See trust.
contemner (or contemnor) n. A
constructive-receipt doctrine
person or entity who is guilty of
Same as constructive receipt of
contempt before a judicial or
income. See income.
legislative body.
constructive receipt of income
contemplation of death n. The
See income.
anticipation of one’s own death,
construe v. To analyze, explain, whether imminent or not, as the
interpret. See also construction. major cause for transferring
property to another. See also gift
consultative privilege Same as
and causa.
deliberative process privilege.
See privilege. content-based restriction

consumer n. One who purchases

contempt n. The willful defiance,
or leases goods or services for
disregard, or disrespect of judicial
his or her own personal, family,
or legislative authority or dignity,
household, or other nonbusiness
especially any disobedience of an
use. consumer goods See
order or any conduct that
goods. consumer loan See
disrupts, obstructs, or interferes
loan.
with the administration or
191

procedures of a court or contempt. The usual penalty is

legislature. See also contemner. a fixed fine or term of
imprisonment.
civil contempt. Contempt that
consists of the failure to direct contempt. Contempt
comply with a court order that that occurs openly in the
is issued for another’s benefit. presence of a judge or
The usual penalty is the daily immediate vicinity of a
imposition of a fine or courtroom.
imprisonment until the person
indirect contempt. See
in contempt agrees to obey
constructive contempt.
the order.
purge[ing] contempt. To
consequential contempt. See
comply with court order so as
constructive contempt.
to have sentence of contempt
constructive contempt. lifted.
Contempt that occurs outside
content-based restriction n. In
of a judge’s presence or the
constitutional law, a restriction on
immediate vicinity of a
the exercise of free speech based
courtroom.
upon the subject matter or type of
criminal contempt. An act or speech. Such a restraint is
omission that is in disrespect permissible only if it is based on a
of the court and obstructs its compelling state interest and is so
administration or procedures. narrowly worded that it achieves
For example, a party who only content discrimination
shouts insults at a judge
during a trial would be that purpose. For example, a
committing an act of criminal statute cannot ban all public
 192

demonstrations, peaceful or payment from an out-of-court

otherwise, on the subject of gun settlement. Usually, the fee is
control while allowing a percentage of the amount
demonstrations concerning other recovered. Furthermore,
topics of controversy. However, a whatever the result of the
statute can ban all inflammatory action, the client will pay the
speeches, regardless of the topic, court costs and the other out-
that might incite imminent of-pocket expenses (postage,
violence. Also called content subpoena fees, and so on)
discrimination. See also incurred by the lawyer during
discrimination. the course of the action.
Although contingency fees are
content discrimination See
frequently charged for a
contentbased restriction.
lawyer’s services in a civil
contiguous adj. 1 Touching at action, it is unethical to charge
the edge, at a point, or along a this way for services in a
boundary. 2 Close, nearby, or in criminal action. Also called
close proximity, but not touching. contingent fee. See also
See adjacent and adjoining. attorney’s fees and

contingency n. A future event or champerty.

circumstance whose occurrence contingent adj. 1 Possible, but

is not certain. not certain to happen. 2

contingency fee. A fee Dependent upon a future event or

charged for a lawyer’s circumstance that is not certain to

services in an action that is happen. See also vested.

paid only if the client wins his contingent beneficiary See

or her lawsuit or receives a beneficiary. contingent estate

193

See estate. contingent fee continue their legal education,

Same as contingency fee. See hone their skills, and keep up with
contingency. contingent the latest developments within a
interest See interest. particular area of the law.
contingent legacy See legacy. Abbreviated CLE. 2 The industry
contingent liability See liability. of the providers of seminars,
contingent remainder See books, and other materials
remainder. designed to provide such training
to lawyers. Abbreviated CLE.
continuance n. The adjournment
or postponement to another date mandatory continuing legal
of a trial or other proceeding. See education. Such training to the
also adjourn. extent it is required by a state
or a state bar association. In
continuation agreement n. An
most states, lawyers are
accord between business
required to devote a particular
partners that, should the
number of hours every year,
partnership dissolve, the business
usually by attending seminars,
will continue without the
in furtherance of their legal
liquidation that would otherwise
education and in improving
occur. See also buy-sell
their skills. Abbreviated
agreement. continuing injury
MCLE.
See injury.
continuing objection See
continuing jurisdiction See
objection. continuing trespass
jurisdiction.
See trespass. contra adj. Latin.
continuing legal education n. 1 1 Against; in contradiction or
The training available to lawyers, opposition to; in answer or reply
usually through seminars, to to. See also precedent. 2 In legal
 194

citation, an indication to the tender, breach of contract, and

reader that the cited authority bargain. 2 v. To enter into or
supports a contrary position. settle by a contract or to make a
legally binding promise. 3 n. The
contraband n. 1 Any goods that
document containing the terms of
are unlawful to possess, sell or
a contract.
otherwise distribute or transport,
or whose very existence is illegal. adhesion contract. A contract
2 Smuggled goods. that is so highly restrictive of
one party’s rights and
contract 1 n. Any legally binding
liabilities, but not of the other,
agreement voluntarily entered into
that it is doubtful that it is a
by two or more parties that places
truly voluntary and uncoerced
an obligation on each party to do
agreement. The concept
or not do something for one or
typically arises in the context
more of the other parties and that
of standardform contracts that
gives each party the right to
are prepared by one party, not
demand the performance of
subject to negotiation, and
whatever is promised to them by
offered on a “take it or leave it”
the other parties. To be valid, all
basis. If the terms of the
parties must be legally competent
contract are extremely
to enter a contract, neither the
burdensome or oppressive,
objective nor any of the
the court may not enforce it on
obligations or promised
the grounds that it is
performances may be illegal,
unconscionable. Also called
mutuality of the agreement and of
contract of adhesion. See also
its obligations must exist, and
boiler plate, fine print, and
there must be consideration. See
unconscionable.
also acceptance, offer, privity,
195

contract the parties, entire contract, or

entire contract of the parties. See
aleatory contract. A contract in also partially integrated contract
which the performance promised and severable contract.
by at least one party depends contract implied in fact. See
upon the occurrence of an impliedin-fact contract.
uncertain future event. For
contract implied in law. See
example, a contract with an
impliedin-law contract.
insurance company for the
payment of proceeds in the event contract of adhesion. See
that an injury is suffered in the adhesion contract.
future in an automobile accident.
contract under seal. A promise to
bilateral contract. A contract do or not do something that is
wherein each party is obligated to physically delivered to the
fulfill a promise made to the other promisee in a sealed instrument.
party and is entitled to the Under common law, such a
completion of a promise made by promise bound the promisor even
the other party. if there was no consideration, but
the use of such contracts has
breach of contract. See breach of
been modified or eliminated in
contract.
most states. Also called
completely integrated contract. covenant and sealed
One or more documents adopted instrument.
by the parties as expressing the
cost-plus contract. A contract in
complete and exclusive statement
which the payment for work done
of all the terms of their contract.
or supplies provided equal the
Also called entire agreement of
 196

total costs that the contractor whether spoken or in writing,

incurs, contract between the parties. See also
oral contract, written contract,
plus a fixed fee or a and implied contract.
percentage of the profits. freedom of contract. See
Frequently used in freedom of contract.
transactions with the
illusory contract. A contract in
government.
which the only consideration
divisible contract. See given by one party is an
severable contract. illusory promise. For example,
executed contract. 1 A “For $500, I will provide
contract in which all the housekeeping services
promises owed by the parties whenever I am available for
have been performed and all the next year.” Traditionally,
the obligations have been such a contract was
discharged. See also unenforceable, but in modern
executory contract. 2 A signed court decisions, a duty to act
contract. in good faith is often read into
the promise and the contract
executory contract. A contract
is enforced accordingly.
in which all or a portion of the
promised contained therein implied contract. 1 See
have not yet been performed. implied-in-fact contract. 2 See
See also executed contract. implied-in-law contract. See
also express contract.
express contract. A contract
whose terms have been implied-in-fact contract. A
clearly expressed in words, contract based on the tacit
197
understanding or
assumption of the parties and
evidenced by the parties’
conduct. For example, if a
person drives her vehicle to a
service station and opens the
gasoline tank so that the
service attendant can fill it,
there is an implied promise on
the part of the driver to pay for
the gasoline, even if nothing is
said between the driver and
the attendant. Also called
contract implied in fact. See
also implied-in-law contract.
implied-in-law contract.
contractual obligation imposed by
the law because of the parties’
conduct or a special relationship
between them or to prevent unjust
enrichment. For example, when
someone receives and
goods that were intended for
another, the law will impose an
obligation on the recipient of the
goods to pay for them. The
obligation is imposed even if there
an is opposition or no assent from
the party whom the obligation is
being imposed upon. Also called
contract implied in law and quasi
contract. See also implied-in-fact
contract.
installment contract. 1 A contract
in which the obligations of one or
more parties (for example, the
delivery of goods, performance of
services, or payment of money) is
authorized or required to be
completed in a series of
increments over a period of time.
2 Under the Uniform Commercial
A Code, a contract that authorizes
or requires the delivery of goods
in separate lots that will each be
separately accepted. A severable
contract; each delivery is, in
reality, an independent contract.
uses
integrated contract. One or more
documents expressing one or
more terms of a contract in its
final form. See also completely
integrated contract, partially

integrated contract, and
integration.
oral contract. An express contract
that is not in writing or has not yet
been signed by the parties who
will be obligated to do or not do
something under its terms. See
also written contract.
output contract. A contract in
which a buyer agrees to purchase
at a set price all quantities of a
particular good or service that the
seller can provide over the
duration of the contract. See also
requirements contract.
partially integrated contract. An
integrated contract of which one
or more of its terms is not yet in
its final written form. See also
completely integrated contract.
privity of contract. See privity.
quasi contract. 1 See implied-in-
law contract. 2 A name for a claim
for relief for restitution, especially
one for quantum meruit.
198
requirements contract. A contract
in which a seller agrees to provide
at a set price all quantities of a
particular good or service that the
buyer needs over the duration of
the contract and the buyer
agrees, during that time, to obtain
those goods and services only
from the seller. See also output
contract.
sealed contract. See contract
under seal.
severable contract. A contract
with two or more distinct
components any one of which, if
breached or invalidated, may be
considered as an independent
contract and not affect the other
components of the contract and
the parties’ rights and obligations
thereunder or put the promisor in
breach of the entire contract. For
example, a contract to purchase
an automobile and to have a radio
installed in it before delivery may
be regarded as severable if the
radio is not installed when the
199

vehicle is delivered. Also called something in exchange for the

divisible contract. See also performance of an act that is not
installment contract, completely promised to be done. For
integrated contract, and example, if a reward is offered for
severability clause. the return of a lost watch, nobody
is promising to return the watch,
standard-form contract. A contract
but if it is returned, the promisor
containing set terms that is
will be required to pay the
repeatedly used and usually mass
promised reward.
produced or preprinted by a party
or an contract void contract. 1 A contract that is
not legally enforceable. See also
industry with only a few blank voidable contract. 2 A contract
spaces to be filled in and with a whose terms have been
few predetermined alternate and completely fulfilled.
optional clauses to choose from voidable contract. 1 A contract
to accommodate slight additions that can be voided at the will of
and modifications. one or more parties. The power to
subcontract. A contract whereby a void the contract is not
party procures the performance of necessarily available to all the
a part or all of his obligations parties of the contract. For
under another contract by hiring example, a person who is under
another party to perform those the age of capacity can reject her
obligations for him. rights and obligations under a
contract and make it void without
unilateral contract. A one-sided
any repercussions, but until she
contract in which one party
does so, the contract is valid.
promises to do or not do
However, an adult who entered
 200

that same contract cannot void it, courts and are illegal in most
and any attempt to do so will be a states.
breach of contract and make her
contract, freedom of See
liable for damages. 2 A contract
freedom of contract.
that is void to a wrongdoer, but
not to the party who is wronged contractor n. A party to a

unless the injured party decides contract, especially one who

to treat the contract as void. See agrees to provide goods or

also void contract. services to the other parties.

written contract. An express general contractor. A

contract that is written and has contractor who agrees to

been signed by the parties who undertake a large project,

will be obligated contract, such as the construction of a

freedom of building, and who hires and

coordinates subcontractors to
complete parts of the project.
to do something or not do
Also called a prime contractor.
something under its terms.
See also oral contract. independent contractor. A
contractor who agrees to
yellow dog contract. An
provide services to another
employment contract whereby
party, but who retains
an employee agrees, as a
significant or complete control
condition of employment, not
over how the work is done.
to remain in or to join a union
See also employee.
during the course of his
employment and to quit his job subcontractor. A person
if he does. Such contracts are retained by a contractor
unenforceable in federal (usually a general contractor
201

or another subcontractor) to activity by the child, or to

complete a part or all of the otherwise encourage a minor’s
obligations owed by the disregard for the law. See also
contractor under a particular juvenile delinquent and
contract or series of contracts. corruption of a minor.
For example, general
contribution n. 1 The right of a
contractors who build houses
debtor who has paid the entirety
frequently hire subcontractors
of a debt owed by her and others
to install the plumbing.
to recover the others’
contracts clause n. A provision proportionate share of the debt. 2
in the United States Constitution The right of a joint tortfeasor who
that prohibits states from has paid more than her
impairing private contractual proportionate share of a judgment
obligations. This clause has been to recover the amount in excess
interpreted so that the states can of her share from the other
impose regulations governing tortfeasors. 3 The right of a joint
such obligations, provided the tortfeasor to demand that the
regulations are reasonable and other tortfeasors supply their
necessary. proportionate share of what is
required to compensate the
contributing to the delinquency
injured party. 4 A payment made
of a minor n. The offense of an
by a codebtor or joint tortfeasor of
adult causing or encouraging a
her proportionate share of what is
minor to become involved in
due. See also indemnity.
delinquent or illegal activity, to
engage in conduct in the contributory negligence See
presence of a minor that is likely negligence.
to lead to delinquent or illegal
 202

controlled substance n. Any adjudication of the dispute and

drug whose production, specific relief of a conclusive
possession, importation, and nature. Also called case or
distribution is strictly regulated or controversy requirement. See
outlawed. These include also adversary proceeding.
depressants (such as
separable controversy. A
barbiturates), hallucinogens (LSD,
cause of action or claim that is
mescaline, and peyote),
part of a lawsuit, but is
marijuana, opiates (heroin,
independent and separate
morphine, and opium), and
from the other causes of
stimulants (amphetamines and
action and claims in the action
cocaine). The substances are
and can be severed and
listed in five categories, or
litigated separately from them.
schedules, according to their
characteristics and the type and contumacy n. The willful
degree of regulation is disobedience of a court’s
determined by the category the direction, order, or summons or
particular substance is in. any other disrespectful or
controlling authority See disruptive conduct that would
precedent. controversy n. 1 A justify a finding of contempt.
difference in views, especially in conversion n. In criminal and tort
public, between individuals taking law, the intentional deprivation of
opposite sides on a particular another of the benefit and use of
issue. 2 In constitutional law, an his property, without his
actual, definite, and concrete authorization or lawful
dispute over legal rights between justification, by possessing or
parties with adverse interests disposing of the property as if it
wherein one party is seeking an
203
were one’s own or by an act
(such as damaging or destroying
it) that interferes with
inconsistent with the owner’s right
to sue and possess the property.
convertible bond See bond.
convertible security
security.
convey v. To transfer or deliver
property or the title thereto or a
property right by a deed or
another written instrument other
than a will.
conveyance n. The voluntary
transfer of an interest in property
or a property right, usually by
means of a written instrument
other than a will. See
alienation and grant.
convict 1 n. One whom a court
has determined is guilty of an
offense, either by accepting a
valid guilty plea from
individual or upon a verdict of
guilty by a judge or jury. 2 v. To
prove or officially find a person to
or is be guilty of an offense. 3 n. One
serving a prison sentence.
conviction n. 1 The act or
process by which a judge or jury
See
finds someone guilty of an
offense. See also judgment. 2 A
firm belief or opinion.
cooperative n. 1 An organization
or business enterprise, organized
as either an association
(cooperative association) or
corporation (cooperative
corporation), owned by those who
use its services. All profits are
shared amongst the cooperative’s
also members in proportion to the
money or labor each member
contributed. 2 A dwelling owned
copy
by a cooperative whose members
lease their apartments or living
quarters from the cooperative.
See also condominium.
the copy n. 1 A duplicate, imitation,
reproduction, or transcript of an
 204

original. 2 One of multiple copyright n. The exclusive

originals. statutory right of literary (authors,
playwrights, poets), musical
certified copy. A copy of a
(composers, musicians), visual
document to which a
(painters, photographers,
statement, usually by the
sculptors), and other artists to
person who issued or is
control the reproduction, use, and
keeping the original, affirming
disposition of their work, usually
or swearing that the copy and
for their lifetime plus seventy
the original have been
years. The Copyright Act of 1976
compared and that the copy is
governs most copyrights in the
an exact reproduction of the
United States. See also copy and
original. Also called attested
fair use.
copy or verified copy.
coroner n. A public official whose
conformed copy. A copy of a
primary duty is to investigate the
document to which changes or
cause and circumstances of any
insertions are made to reflect
deaths within his or her
identical changes and
jurisdiction that were clearly not
insertions made in the original.
due to natural causes. corp.
For example, if a judge makes
abbr. See corporation.
changes to a proposed order
before signing it, a party would corporal punishment See
“conform” a copy by adding to punishment.
it those same changes as well
corporate adj. Of or relating to a
as writing in the judge’s name
particular corporation or to
where he or she signed on the
corporations in general.
original order. copyright
205

corporate law. The substantive corporation n. An entity, usually

law concerning business a business, created by a
organizations and legislative act or by individuals
transactions. who have agreed upon and filed
articles of incorporation with the
corporate opportunity
state government. Ownership in
doctrine. The common law
the corporation is typically
principle that the directors,
represented by shares of stock.
officers, employees, and
Furthermore, a corporation is
agents of a corporation may
legally recognized as an artificial
not use any information
person whose existence is
obtained in their corporate
separate and distinct from that of
capacity to exploit for their
its shareholders who are not
own personal benefit a
personally responsible for the
business opportunity that
corporation’s acts and debts. As
belongs, or should in fairness
an artificial person, a corporation
belong, to the corporation.
has the power to acquire, own,
corporate veil. The legal and convey property, to sue and
principle that a corporation is be sued, and such other powers
distinct from its owners and of a natural person that the law
that the corporation’s may confer upon it. Abbreviated
shareholders are not corp. See charter, corporate,
personally liable for the and seal.
corporation’s acts and debts.
brother-sister corporation. See
See also alter ego, piercing
sister corporations.
the corporate veil, charter,
and seal. C corporation. A corporation
that pays corporate income
 206

taxes on its income rather held corporation, or privately

than having its profits taxed as held corporation. See also
the personal income of its publicly held corporation.
shareholders. Any corporation
domestic corporation. 1 A
that is not a S corporation is,
corporation whose articles of
by default, a C corporation.
incorporation have been filed in a
Also called subchapter C
particular state. (The corporation
corporation. See also S
is a domestic corporation of that
corporation.
state.) See also foreign
close corporation. A corporation. 2 For federal income
corporation owned by a single tax purposes, a corporation
individual or a small group of whose articles of incorporation
individuals, often all personally have been filed in the United
involved in the corporation’s States.
business or related to another,
dummy corporation. A corporation
who frequently conduct the
whose sole purpose is to conceal
corporation’s business without
the owners’ identities and to
such formalities as annual
protect them from personal
shareholder meetings, and
liability.
whose share of stocks cannot
be sold to anyone outside the foreign corporation. A corporation

group without the prior whose articles of incorporation

permission of the other have been filed in another state or

shareholders. The rights and country. (A corporation whose

privileges of such corporations articles of incorporation have

vary state to state. Also called been filed in one state or country

closed corporation, closely is a foreign corporation in every

207

other state or country.) See also charter or agreement that governs

domestic corporation. the owners’ rights and liabilities
rather than by the ownership of
municipal corporation. A political
shares of stock. For example,
entity, such as a county, city,
mutual savings banks and
town, village, or school district,
fraternal organizations are usually
that is created by and derives its
nonstock corporations.
limited powers of self-government
(including the ability to enter corporation
contracts and to sue and be sued)
from the state legislature. See parent corporation. Same as
also immunity. parent company. See company.

nonprofit corporation. A private corporation. A corporation

corporation organized for a created and owned by private
chartable, cultural, educational, individuals for a
religious, or some other purpose nongovernmental, usually
other than making a profit or business or nonprofit, purpose.
distributing its income to its See also public corporation.
shareholders, officers, or others
professional corporation. A
similarly affiliated with it. Usually,
corporation owned by a small
such corporations are given
group of individuals who practice
special treatment under state and
a common occupation that
federal tax laws. Also called not-
requires a professional license
for-profit corporation.
(such are accounting,
nonstock corporation. A architecture, law, or medicine).
corporation in which ownership is Such a corporation has the same,
conferred by a membership but not all, of the characteristics
 208

of a private corporation. income treated as personal

Abbreviated P.C. Also called P.A. income to its shareholders for
or professional association. income tax purposes rather than
have the corporation pay the
public corporation. 1 A
normal corporate income taxes on
corporation created by a state or
the income. Also called
the federal government and, while
subchapter S corporation. See
often financially independent of
also C corporation.
the government, engages as a
government agency in activities shell corporation. A corporation
that benefit the general public. A that has no business or ongoing
publicly appointed board of activity (and sometimes no
directors manages such a substantial corpus
corporation. See also private
corporation. 2 See publicly held assets) of its own and is
corporation. typically used to conceal

publicly held corporation. A another corporation’s

corporation whose shares of business activities.

stock are sold to, freely traded sister corporations. Two or

amongst, and owned by a diverse more corporations that are
group of shareholders who are subsidiaries of the same
members of the general public. parent company. Also called
See also close corporation. brother-sister corporations.

S corporation. A corporation with See also affiliate and

a small number of shareholders company.

that has elected, pursuant to subsidiary corporation. A

Subchapter S of the Internal corporation in which a parent
Revenue Code, to have its
209

company owns enough shares defendant’s confession alone, but

to control its activities and the that the prosecution must prove
selection of its officers and that corroborating evidence exists
directors. Also called a that the crime that the defendant
subsidiary. has confessed to did actually
occur.
corpus n. Latin. 1 The main
body, mass, or part of something. corpus juris n. Latin. Body of
2 A collection of things that, when law. The law in general,
together, can be considered or especially when compiled,
regarded as a single thing (such codified, and published in a single
as a collection of writing by an text or in a series consisting of a
author). 3 The capital or principal collection of individual laws.
sum (as opposed to income or Abbreviated C.J.
interest). 4 The property or
Corpus Juris Secundum n. An
subject matter of a trust.
authoritative legal encyclopedia
corpus delicti n. Latin. The body that provides general background
of the crime. The objective knowledge of the law with
evidence that there has been an footnoted citation to relevant case
injury (physical or otherwise) or law. Abbreviated C.J.S.
loss and that it was caused by the corroborate v. To confirm, ratify,
criminal act of some person or strengthen, or support, especially
thing. by additional authority or
evidence. corroborating
corpus delicti rule n. The legal
evidence See evidence.
principle that the prosecution
cannot prove that a crime has corruption of a minor 1 n. The
been committed from the offense of engaging in sexual
intercourse or other sexual
 210

activity with a person who is not
one’s spouse and who is under
the age of consent or another age
set by statute, especially if there
is a considerable age difference
(usually four years or more)
surety. cost and freight See C &
F. cost basis See basis.
cost, insurance, and freightSee
C.I.F.
cost of completion n. A measure

between the offender and the of damages in a breach of

victim. See also rape. 2 v. In contract action representing the

some states, to assist or expense incurred by the

encourage a minor to commit an nonbreaching party to complete

offense. See also contributing to the breaching party’s promised

the delinquency of a minor. 3 n. performance or to have the

The arousal or encouragement of performance finished by a third

a child’s destructive antisocial party. See also damages and

behavior by a parent, guardian, or specific performance. cost-plus

other caregiver. See also contract See contract. costs n.

contributing to the delinquency The filing fees, jury fees, court

of a minor. reporter fees, and other

expenses, excluding attorneys’
cosigner n. One who jointly signs
fees, incurred in the prosecution
a negotiable instrument with
of or defense against a civil suit.
another person to assist the other
When allowed by statute, a court
signer to obtain a loan and, by
may order the losing party in a
doing so, assumes full liability for
civil action to reimburse the
the loan should the other signer
successful party for his or her
ever default on the loan contract.
costs. Also called court costs.
Also called a comaker. See also
See also bill of costs.
accommodation party and
211

counsel n. One or more lawyers conflict of interest for the

who provide advice to or client’s regular lawyers to do
represent a particular client. In the so. 2 A lawyer retained to
singular, also called a counselor. conduct an unbiased
See also attorney. investigation, especially one
retained by a governmental
assigned counsel. A lawyer
body to investigate employees
appointed by a court to
or officers of that body for
represent at the government’s
alleged misconduct. See also
expense a criminal defendant
prosecutor.
who cannot afford to retain his
or her own lawyer. in-house counsel. One or
more lawyers who are
counsel of record. Same as
employees of a business and
attorney of record. See
provide legal advice and
attorney.
representation only for that
general counsel. A lawyer or business.
law firm that provides most or
lead counsel. When more than
all of the legal advice and
one lawyer or law firm is hired
representation utilized by a
to represent a party or parties
client, especially by one that is
in an action, especially in an
a corporation or engages in
action involving more than one
business activities.
jurisdiction, or to represent
independent counsel. 1 A various plaintiffs in a count
lawyer or law firm retained to
provide advice or class action, the lawyer or law
representation on a particular firm that controls, coordinates,
matter when it would be a or manages the litigation and
 212

represents the interests of the special counsel. A lawyer

parties or class as a whole. brought in to assist another
lawyer or a law firm in a matter
local counsel. A lawyer
requiring their special experience,
licensed to practice law in a
knowledge, or skills or to serve as
particular jurisdiction or before
independent counsel. counselor
a particular court who assists
See counsel.
a lawyer who is not licensed,
but who has been given count n. 1 In a civil action, the
permission to provide advice statement of a distinct cause of
and represent a client in an action in a complaint or similar
action in that jurisdiction or pleading. 2 In a criminal action,
before that court, with matters the distinct allegation in an
regarding the application and indictment or information that the
interpretation of the local laws defendant committed a crime.
as well as with the local court
multiple counts. Two or more
customs, practices, and rules.
distinct causes of action or
of counsel. 1 A lawyer who allegations that the defendant
assists the attorney of record committed an offense
in a trial or appeal with the contained in a complaint,
preparation, management, or indictment, information, or
presentation of a case. 2 A similar pleading.
lawyer who is connected to a
separate count. Any of the
law firm, such as a retired
individual causes of action or
partner who regularly provides
allegations that the defendant
advice, but who is not an
committed an offense
associate, member, or partner
counterclaim
of the firm.
213
in a complaint, indictment,
information, or similar
pleading.
counterclaim n. A cause of
action or claim for relief asserted
in opposition to or as a setoff
against the plaintiff’s own cause
of action or claim for relief and
contained in the defendant’s
answer to the plaintiff’s complaint.
See also crossclaim.
compulsory counterclaim. A
cause of action or claim for
relief that arises from the
same occurrence, transaction,
or subject matter as
plaintiff’s cause of action or
claim for relief. Generally, the
failure to raise such cause of
action or claim for relief in the
defendant’s answer
prevent the defendant from
bringing it up in a subsequent
action.
permissible counterclaim.
cause of action or claim for
relief that does not arise from
the same occurrence,
transaction, or subject matter
as the plaintiff’s cause or
action or claim for relief. The
failure to raise such a cause of
action or claim for relief in the
defendant’s answer will not
prevent the defendant from
bringing them up in a
subsequent action.
counterfeit v. To copy or imitate
something without the right to do
so and with the intent to deceive
or defraud by representing the
copy or imitation to be the original
the
or to be genuine if no original ever
existed (such as passing off a
painting as a particular work by
Claude Monet when, in fact,
Monet never painted such a piece
will
of art).
counteroffer n. An offeree’s
counterproposal to a contract
offer. Such a proposal constitutes
A
a rejection of the original offer as

well as an offer for the original
offeree to consider.
countersign v. To sign one’s own
name next to one’s own or
someone else’s to authenticate,
reinforce, or verify the
signature.
course of businessSee ordinary
(ordinary course of business).
course of dealing n. The pattern
of conduct during previous
transactions between the parties
of a more recent transaction from
which a dispute has arisen. To
resolve the dispute, the courts will
look to that pattern to determine
how the transaction in dispute
was intended to be carried out.
See also course of performance
and usage of trade.
course of employment n. 1 The
activities engaged in,
circumstances that exist, and the
events that occur that
normally part of an employee’s
job, especially those directly
214
related to the work that the
employee was hired to do. 2 The
time that the employee takes to
complete his or her assigned
tasks.
first course of performance n. The
pattern of completing a recurring
obligation under a contract when
all parties are aware of the nature
of the obligation and have had the
opportunity in the past to object to
how it is done. If a dispute later
arises regarding the performance
of that obligation and there was
no previous objection, the courts
will look to the course of
performance to determine how
the parties intended the obligation
to be completed. See also course
of dealing and usage of trade.
court n. 1 A governmental body
that adjudicates legal disputes by
the interpreting and applying the law
to specific cases. See also trial. 2
are The regular session of a court. 3
The judge or judges who sit on a
court. 4 The building or other
215

locale where a judge or judges Revenue Service. See also

adjudicate legal disputes. legislative court and Article III
court.
appellate court. A court with
jurisdiction to hear appeals Article III court. A federal court
from trial courts, that is part of the judicial branch
administrative agencies, and, of the
when there is an intermediate United States government and
appellate court, lower derives its jurisdiction from Article
appellate courts. See also trial III of the United States
court. Constitution. See also
constitutional court and
Article I court. A quasi-
Article I court.
administrative, quasi-judicial
federal court created by Congress circuit court. 1 In a state with a
under Article I of the United judicial system that is divided into
States Constitution to settle geographical units known as
disputes arising from the circuits for the purpose of holding
implementation of a statutory trials, a trial court that sits in the
scheme that Congress has circuit over which its geographical
established in the exercise of its jurisdiction extends. Often, the
legislative power. For example, jurisdiction of such courts is
pursuant to its power to impose limited to more serious matters
and collect taxes under the United (for example, felonies as opposed
States Constitution, Congress has to misdemeanors). If the circuit
established the United States Tax encompasses more than one
Court to hear appeals from county, the court may hold
taxpayers who are unsatisfied sessions in each county. 2 In a
with the decisions of the Internal state with a judicial system that is
 216

divided into geographical units constitutional court. A court

known as circuits for the named or described in a state
consideration of appeals on the constitution or the United States
intermediate level, an Constitution that exercises the
intermediate appellate court that judicial power of a state or the
hears appeals from the circuit federal government. See also
over which its geographical Article III court and legislative
jurisdiction extends. 3 A court of court.
the United States Court of
county court. A state court with
Appeals that considers appeals of
jurisdiction that encompasses a
court
single county and with powers
that are determined by a state
the trials conducted in those statute or constitution. In some
United States District Courts states, a county court is an
located within the states administrative, rather than a
contained in the court’s circuit. judicial, governmental body or is a
(The United States, for the mixture of both.
purposes of the Court of Appeals,
court above. An appellate court to
is divided into twelve circuits.
which a case may be appealed.
There is also the special
nationwide Federal Circuit, which court below. A trial or
hears appeals from federal courts intermediate appellate court from
and administrative agencies other which a case is appealed.
than the District Court.)
court en banc. See full court.
civil court. A court that hears the
court of appeals. 1 Usually a state
trials of noncriminal cases.
intermediate appellate court. 2 In
Maryland and New York, the
217
highest appellate court in those
states.
court of assize and nisi prius. See
nisi prius court.
court of chancery. See chancery
(or chancery court).
court of civil appeals. In some
states, an intermediate court of
appeal.
court of claims. See United States
Court of Federal Claims.
court
court of common pleas. 1 In
some states, a trial court of
general jurisdiction. 2 In some
states, an intermediate
appellate court.
court of criminal appeals. In
some states, the court of last
resort for criminal actions.
court of equity. A trial court
that adjudicates legal disputes
primarily by applying the rules
and principles of equity.
Courts of equity have been
merged with courts of law in
most states. See also court of
law.
court of first instance. See
court of original jurisdiction.
court of general jurisdiction. A
trial court with unlimited or
nearly unlimited jurisdiction to
hear any kind of action. See
also court of limited
jurisdiction.
court of last resort. The court
from which a particular case
can be appealed no further.
Usually a state’s highest
appellate court or the United
States Supreme Court. See
also intermediate appellate
court.
court of law. 1 A trial court that
adjudicates legal disputes
primarily by applying statutes
and the rules and principles of
the common law. 2 In states
where courts of equity and
 218

courts of law have been Court of Military Review. An

merged, any trial court that intermediate appellate court that
adjudicates legal disputes. reviews court-martial decisions.
See also court of equity.
court of original jurisdiction. A
court of limited jurisdiction. A court in which, by statute or
court with jurisdiction to constitutional provision, a
adjudicate only specific kinds particular type of action must be
of legal disputes (based on initiated and where the evidence
either the subject matter of the is heard, the facts determined,
action or the amount of and the law applied to those facts
damages sought). See also for the first time. Also called court
court of general jurisdiction. of first instance and trial court.

Court of Military Appeal. An court of record. A court that is

appellate court that may required to keep a permanent
review decision of the Court of record of all conversations and
Military Review. For those statements made and non-verbal
appeals that this court evidence produced during its
declines to consider, this is the proceedings by use of a
court of last resort. However, stenographer or other means.
cases that are considered may
district court. In a state whose
be appealed to the United
judicial system is divided into
States Supreme Court. This
geographical units known as
court’s decisions are also
districts for the purpose of holding
subject to review by the
trials, a trial court that sits in the
president of the United States.
district over which its
geographical jurisdiction extends.
Often, the court’s jurisdiction is
219

limited to one county and to less custody and visitation, child and
serious matters (for example, spousal support, paternity, and
misdemeanors as opposed to domestic violence.
felonies). See also circuit court.
federal court. An Article III court.
drug court. A state court with Most actions involving federal law
jurisdiction to adjudicate lesser are tried before one of the United
offenses arising from drug use, States District Courts. An appeal
usually with an emphasis on of a District Court’s decision
medical treatment and would normally be heard first by
supervision rather than one of the United States Court of
punishment for the drug user. Appeals, and then by the United
States Supreme Court (the court
ecclesiastical court. A
of last resort in the federal
nongovernmental court that is
judiciary). The Supreme Court
part of the structure of an
also considers appeals of state
organized religion and
court decisions involving
adjudicates internal church issues
questions of federal law. There
according to church law. For
are also a few specialized federal
centuries, such courts also had
courts; see also United States
jurisdiction over matters like
Court of Federal Claims.
divorce and wills that are now
within the jurisdiction of the civil full court. In appellate litigation, a
courts. session of an appellate court
where all the judges participate,
en banc court. See full court.
typically resulting from a motion to
family court. A state court with reconsider the decision of a three
jurisdiction to adjudicate family judge panel. Also known as an en
law issues, such as divorce, child banc hearing.
 220

inferior court. A court whose court’s consideration. Abbreviated

decision may be appealed to ICJ.
another court within the same
International Criminal Court. A
judicial system, especially a court
permanent international court,
of limited, special, or statutory
tentatively established by the
jurisdiction, such as a family or
United Nations in 1998, to
probate court.
investigate and adjudicate the
intermediate appellate court. In most serious violations of
those jurisdictions whose international law, such as
appellate court system is divided genocide and war crimes, by
into two levels, the lowest applying, until the adoption of an
appellate court, the decisions of international criminal code, the
which are subject to review by the general principles of international
jurisdiction’s highest appellate criminal law. Abbreviated ICC.
court. See also court of last
justice court. A state court,
resort.
presided over by a justice of the
International Court of Justice. The peace, that has jurisdiction over
principal judicial body of the certain minor civil and criminal
United Nations whose fifteen actions that arise outside the city
judges usually meet at The limits of any municipality. See
Hague, court also municipal court.

juvenile court. A state court with

Netherlands, to provide advisory
jurisdiction over cases involving
legal opinions to the United
children under eighteen years of
Nations and to adjudicate legal
age or another age set by the
disputes between countries who
state legislature, especially one
voluntarily submit cases for the
221

concerning cases where the child exercise of their legislative

is alleged to have committed what powers, as opposed to a court
would be an offense if done by an authorized by a state
adult. constitution or the United
States Constitution as part of
kangaroo court. 1 A court that has
the government’s judicial
no legal authority, is often
branch. See also Article I
selfappointed or established by
court and constitutional court.
criminals or vigilantes, and where
few or none of the authorized and magistrate’s court. A state
regular judicial procedures are court presided over by a
usually followed. 2 A lawful court magistrate with jurisdiction
whose procedures are so over minor offenses and civil
unauthorized or irregular that its actions.
proceedings are extremely
military court. A court-martial,
improper or unfair. 3 A lawful
military commission, the Court
court that followed authorized and
of Military Review, and the
regular procedures, but is so
Court of Military Justice.
biased against a party as to
These are not Article III courts,
render its judgment or verdict
but courts established by
unfair.
Congress as a part of its
legislative court. A court created power to raise and maintain a
by a state legislature or the military force under the militia
Congress to settle disputes clause found in Article I of the
arising from the implementation of United States Constitution.
a statutory scheme that the
moot court. A fictitious court
legislature or Congress has
consisting of law professors or
established in the court
lawyers, before which law
 222

students and other lawyers out of court. Accomplished or

argue moot or hypothetical
cases or cases pending
before a court to learn or
practice oral advocacy skills
and trial techniques.
municipal court. A city court
with exclusive jurisdiction over
violations of city ordinances
and sometimes jurisdiction
over certain minor civil and
criminal cases that arise within
the city limits. See also justice
court.
conducted without litigation,
without the involvement of a
court, or outside a courtroom.
probate court. A state court with
jurisdiction over proceedings
regarding the validity of wills, the
administration and disposition of
estates, and, in some states, the
adoption of minors and the care,
custody, guardianship, and
protection of minors, incompetent
individuals, and their assets. Also
called surrogate court.

nisi prius court. Same as court small claims court. A state or

of assize and nisi prius. See municipal court that has the
nisi prius court. jurisdiction to adjudicate civil
actions involving very small sums
open court. 1 A court that,
of money while using informal
when in session, the public is
courtroom procedures without,
allowed to attend so long as
usually, the presence or
they are orderly and peaceful.
participation of lawyers.
2 A court that, when in
session, is attended by all the superior court. 1 In some states, a
parties and their lawyers. See trial court of general jurisdiction. 2
also ex parte and in camera. In some states, an intermediate
appellate court.
223

supreme court. 1 In most states, collection agency over the

the court of last resort. 2 In New individual’s tax liabilities.
York, a court of general
Tax Court. An Article I court
jurisdiction with trial and appellate
that adjudicates disputes
divisions.
between the taxpayer and the
Supreme Court of the United Internal Revenue Service over
States. The court of last resort in the individual’s tax
the federal judiciary pursuant to deficiencies. (Disputes over
Article III of the United States the taxpayer’s claim for a
Constitution, with original refund are considered by the
jurisdiction in all cases involving United States Court of Federal
ambassadors and other public Claims.)
ministers and consuls as well as
term of court. A session of
in all cases in which a state is a
court, defined by the court’s
party. The court also has
schedule; may refer to a
appellate jurisdiction over all
single session or a schedule
cases in federal court as well as
of sessions over a period of
those cases in state court
time.
involving questions of federal law.
Unless it is otherwise clear, the trial court. See court of original

phrase “Supreme Court” always jurisdiction.

means this court. surrogate court. United States Court of

See probate court. Appeals. The intermediate

tax court. A state court that appellate court in the federal

adjudicates disputes between the judiciary that hears appeals

taxpayer and the state’s tax from trials conducted by the

United States District Courts
 224

and other lower federal courts court en banc Same as full

and appeals of administrative court. See court.
decisions from some federal
court reporter
agencies. See also circuit
court.
court-martial n. An ad hoc
United States Court of Federal military court whose judges are
Claims. An Article I court with commissioned officers of higher
jurisdiction to hear all claims rank than, and of the same
against the United States branch of the armed services as,
government that are based on the accused. This court is
the United States Constitution, convened to try a member of the
a federal statute or regulation, armed services who is accused of
a contract with the federal violating the Uniform Code of
government, or other cause of Military Justice.
action not involving a tort.
general court-martial. The
Formerly called the United
highest military court,
States Claims Court.
comprised of five officers
United States District Court. A (unless the defendant decides
federal trial court having to be tried by only one judge)
original jurisdiction for most with jurisdiction to try all
criminal offenses against the offenses under the Uniform
United States and for most of Code of Military Justice and to
the civil matters described in impose any sanction permitted
the United States Constitution. by the code (including death).

United States Supreme Court. special court-martial. An

See Supreme Court of the United intermediate military court,
States. court costs See costs.
225

comprised of three officers court reporter n. A person (often

(unless the defendant decides certified) who makes, by
to be tried by only one judge) stenography, electronic recording
with jurisdiction to try all devices, or other means, a
noncapital offenses under the verbatim record of all that is said
Uniform Code of Military in a trial, deposition, or similar
Justice. However, the procourt reports
sanctions this court can
prescribe may be no greater ceeding and from which, if
than a dismissal from the requested (and usually for a fee),
armed services or six months a transcript can be prepared.
imprisonment.
court reports See advance
summary court-martial. The sheets, reports, and slip
lowest military court, opinion.
comprised of one officer. The
court rules n. A regulation, often
type of offenses this court can
having the force of law, governing
try and the sanctions it is
the procedures of a court and
allowed to impose are very
how various matters pending
limited. Furthermore, the
before court are handled and
accused may refuse trial by a
processed. Also called local rules
summary courtmartial, in
and rules of the court.
which case he or she will be
tried by a general or special covenant n. 1 A written and
court-martial. legally enforceable agreement or
promise that is often a part of a
court recorder n. A court reporter
contract or deed, especially one
who uses electronic recording
to maintain the status quo of
equipment in his job.
 226

something or to do or not do covenant appurtenant. See

something during the term of the covenant running with the
covenant. 2 An implied promise land.
that is incidental to a contract or
covenant not to compete. A
deed. 3 A warranty, especially
provision, often found in
one made in connection with the
employment, partnership, and
sale or transfer of land. 4 Same
sale-of-business contracts, in
as contract under seal; see
which one party agrees not to
contract. 5 An action under the
conduct any business or
common law to recover damages
professional activity similar to
for the breach of a contract under
that of the other party. Such
seal. See also assumpsit.
covenants are enforceable for
concurrent covenant. A the duration of the business
covenant that requires one relationship between the
party to fulfill her promise to parties, but not afterward
do or not do something at the except for the period of time,
same time the other party to scope, and territorial limits that
the covenant has to fulfill his are deemed reasonable by a
promise. court in light of the adequacy
of consideration given in
covenant against
exchange for the covenant,
encumbrances. A covenant of
the hardship that the
title, whereby the grantor
enforcement of the covenant
promises that there are no
or lack thereof would impose
undisclosed encumbrances
upon the parties, and the need
(such as easements, liens, or
of the party seeking to enforce
mortgages) on the property.
the covenant to protect trade
227

secrets and the like. disturbances of the unimpaired

Sometimes also called use and enjoyment of the land.
restrictive covenant. Often considered synonymous
with covenant of warranty.
covenant not to sue. In a
settlement of a claim, dispute, or covenant of right to convey. See
lawsuit, a promise not to assert or covenant of seisin.
pursue in court a right of action
covenant of seisin. A covenant of
arising from the subject of the
title, whereby the grantor
claim, dispute, or lawsuit.
promises that he or she has at the
covenant of further assurance. A time of the grant the full
covenant of title whereby the ownership, or the right to convey,
grantor promises to do whatever an estate of the quality and size
is reasonably necessary to give that they are purporting to convey
the grantee full title if the title to the grantee. Also called
conveyed in the deed later proves covenant of right to convey.
to be imperfect.
covenant of (or for) title. A
covenant of (or for) quiet type of covenant usually given
enjoyment. 1 A covenant of title, by a grantor in a warranty
whereby the grantor promises deed conveying real property
that the grantee’s unimpaired use to ensure that title is complete
and enjoyment of the land will not and secure. Also called
be disturbed by anyone with a lien warranty of title. In the plural,
or superior right to the land. 2 A also called usual covenants.
covenant of title, whereby the
covenant of warranty. A
grantor promises to indemnify the
covenant of title, whereby the
grantee against any defects in the
grantor promises to defend
title to the land conveyed or any
 228

the title against all reasonable group. Once very common,

claims of a superior right to these covenants are now
the land by a third party and to unenforceable.
indemnify the grantee against
restrictive covenant. 1 A
any losses arising from the
covenant that restrict the use,
claim. Often considered
occupancy, or disposition of
synonymous with covenant of
real property (such as
quiet enjoyment.
specifying the size of lots that
covenant running with the the property can be divided
land. A covenant that relates into or the types of buildings
to a particular parcel of land that may be constructed on
without which the land cannot the land). 2 See covenant not
be conveyed and that is to compete.
binding for an indefinite time
covenantee n. One to whom a
on all successor grantees.
promise is made in a covenant or
Also called covenant
has a right to enforce it.
appurtenant and running
covenant. credit

covenant under seal. See

covenant marriage See
contract under seal.
marriage.
racially restrictive covenant. A
covenanter n. One who makes a
covenant that purports to limit
promise in a covenant or is bound
all future transfers of a piece
by it.
of real property to successor
grantees of, or to successor cover v. 1 In commercial law, to
grantees who are not of, a buy, or the purchase of, goods on
particular race, color, or ethnic
229

the open market that are similar her own property without her
to those that a seller of such husband’s consent. In every state
goods had promised, but failed, to except community property
deliver. Under the Uniform states, statutes have been
Commercial Code, the buyer is enacted that have effectively
entitled from the seller the abolished coverture by giving
difference between the cost of the wives almost unlimited control
substituted goods and the original over their personal and real
contract price if the buyer acted in property free of their husbands’
good faith and without authority, claims, or interests.
unreasonable delay when
credibility n. The quality of
obtaining the substituted goods. 2
something capable of being
In insurance law, to currently
believed or relied upon or that is
protect a particular person against
worthy of confidence. See also
loss or to currently protect
veracity.
someone or something against a
particular risk. credit 1 n. Approval; deference;
respect. See also full faith and
coverture n. Under the common
credit. 2 n. Belief; faith; trust. 3 n.
law, the legal condition of a
The ability to borrow money, the
woman, whereby her legal
amount made available as a loan,
existence was largely submerged
or the ability to purchase goods
into that of her husband so that
and services without immediate
he had almost unlimited control
payment, based on the creditor’s
over her personal and real
faith in one’s ability and intention
property and she could not enter
to creditor
into a legally binding contract or
exercise any power or right over

repay the loan or to pay for the
goods and services in the future.
4 n. A reduction in an amount
owed or an addition to one’s net
worth or revenue. 5 v. A form of
security offered to a seller that
provides for payment by a bank or
financial institution upon certain
conditions being met, including
delivery of goods within specified
time and whatever other
conditions are applicable to the
transaction. See also letter of
credit.
creditor n. One to whom money
is owed or who gives credit to
another. See also debtor.
account creditor. One to whom
the balance of an account is
owed. See also debtor.
judgment creditor. One who
has the legal right to collect a
specific sum because of a
judgment entered in his or her
favor in a civil action. See also
levy, writ, and debtor.
230
secured creditor. A creditor
who has been given or
pledged collateral to protect
against loss if the debtor fails
to fully pay the debt owed.
unsecured creditor. A creditor
who is not a secured creditor.
creditor beneficiary See
beneficiary.
creditor’s bill (or suit) n. A
proceeding in equity in which a
judgment creditor seeks to
discover and have delivered to
him property that cannot be
reached by the process available
at law to enforce a judgment.
crimen. An act or omission that
violates the law and is punishable
by a sentence of incarceration.
See also felony, misdemeanor,
offense, and violation.
anticipatory crime. See
inchoate crime. bias crime.
See hate crime. common-law
crime. An offense that was a
crime under the common law.
231

Nearly all crimes, including emotional disturbance sufficient

offenses that were common- enough for a reasonable person
law crimes, are now defined to lose control and not reflect on
by statute and are, thus, what he or she is doing. crime of
statutory crimes. Also, most violence. See violent crime.
states no longer recognize cybercrime. See computer crime.
commonlaw crimes.
hate crime. A crime motivated
computer crime. A crime, such as mostly by bias, ill will, or hatred
committing fraud over the toward the victim’s actual or
Internet, that requires the perceived race, color, ethnicity,
knowledge or utilization of country of national origin, religion,
computer technology. Also called or sexual orientation. Many states
cybercrime. impose extra penalties if a crime
is committed due to such
crime against nature. One of the
motivation. Also called bias crime.
three sexual acts (oral sex and
See also freedom of speech.
anal sex, whether with a person
of the opposite or same sex, and high crime. A crime whose
sex with animals) that were commission offends the public’s
considered crimes under the morality.
common law and that, in some
inchoate crime. One of the three
cases, are currently a statutory
crimes (attempt, conspiracy,
crime. Also called unnatural act.
solicitation) that are steps toward
See also bestiality and sodomy.
the commission of another crime.
crime of passion. A crime Also called anticipatory crime,
committed in a moment of sudden anticipatory offense, and
or extreme anger or other inchoate offense.

infamous crime. 1 Under common
law, any one of the crimes that
were considered particularly
dishonorable and the punishment
for which included ineligibility to
hold public office, to serve on a
jury, or to testify at a civil or
criminal trial. These crimes
included treason, any felony,
forgery, and perjury, among other
offenses. 2 Any crime punishable
by death or by imprisonment of
more than one year. See also
punishment.
status crime. A crime that is
defined by a person’s condition or
character rather than by any
wrongful act that they have done.
For example, the “crime” of being
an alcoholic as opposed to being
intoxicated in public or drinking
alcohol while driving a vehicle.
The United States Supreme Court
has held that to impose
sanction for such crimes violates
the ban found in the Eighth
Amendment to the United States
232
Constitution against cruel and
unusual punishment. See also
vagrancy.
statutory crime. 1 An offense that
was not a crime under the
common law, but has been made
a crime by a statute. 2 Broadly,
any crime that is defined by a
statute. See also common-law
crime.
victimless crime. A crime, such as
drug use, gambling, and a crime
against nature, that directly harms
no person or property except that
of the consenting participants.
violent crime. Any crime that has
as an element the use, attempted
use, or threatened use of physical
force against the person or
property of another or any felony
that entails a substantial risk that
physical force will be used against
a the person or property of another.
Also called a crime of violence.
criminalist
233

white-collar crime. Any the habitual offender statute of

business or financial non- a state for any subsequent
violent crime, such as bribery, crime that they commit. Also
consumer fraud, corruption, called habitual offender. See
embezzlement, and stock also career criminal and
manipulation, committed by three-strikes law.
business executives,
criminal conversation n. In tort
professionals, and public
law, having sexual relations with
officials.
another person’s spouse,
criminal n. 1 One who has especially the act of a man having
committed a crime. 2 One who sexual intercourse with another
has been convicted of a crime. 3 man’s wife. This tort has been
Constituting, implying, or involving abolished in most states. See
a crime or an element of a crime. also alienation of affections,
4 Pertaining to some aspect of adultery, fornication, and rape.
the penal code or its
criminal disenfranchisement n.
administration.
The loss of the right to vote by a
career criminal. One who person convicted of or sentenced
repeatedly commits crimes, to imprisonment for a felony. See
especially of the same type. also civil death. criminal intent
See also habitual criminal. See intent.

habitual criminal. One who criminalist n. One who collects

has been convicted of one or and scientifically analyzes the
more crimes in the past and, physical evidence of crimes,
as a result, is subject to a through such techniques as
more severe sentence under ballistic testing and tissue

analysis, to try to determine what
happened when the crime was
committed.
See also criminologist.
criminality
criminality n. 1 The
practice, or quality of being a
criminal. 2 The act or series of
acts that constitute a crime.
criminalize v. 1 To make a
particular conduct or omission a
crime and to establish penal
sanctions for it. 2 To make a
person, or to be the cause of
making that person, a criminal.
See also decriminalization.
criminal law n. The area of law
pertaining to the violation
offenses as well as
investigation, charging,
prosecution, and punishment of
offenders. See also civil law.
criminal negligence
negligence. criminal procedure
234
See procedure. criminal record
See record.
criminologist n. One who studies
the biological and sociological
causes and consequences of
crime and criminal behavior (such
state, as the effects of mental defects
and social environment). See also
criminalist. cross appeal See
appeal.
cross-claim n. A cause of action
or claim asserted between co-
defendants or co-plaintiffs against
one another and not against the
plaintiff or defendant on the
opposite side of a civil action. For
example, a defendant’s assertion
of a right of contribution from a
fellow defendant is a cross-claim.
of
See also counterclaim.
the
cross-complaint n. 1 A cause of
action or claim asserted by a
defendant in a civil action against
See another party in the same action.
2 A cause of action or claim
asserted by a defendant in a civil
action against one who is not a
235

party to the action that concerns a mind of physical or mental harm.

matter related to the underlying The extent of abuse that a spouse
dispute in the action. 3 The is expected to tolerate varies
pleading in which one asserts a state to state, but a single act of
cross-claim. cross-examination cruelty is normally not enough to
See examination. constitute grounds for divorce.
See also abuse. culpable adj.
cruel and unusual adj.
Deserving of blame. culpable
Characterization of punishment
mental state See mens rea.
that is unduly harsh and goes
cumulative voting See voting.
beyond the recognized purposes
curable defect See defect.
of punishment in a civilized
society. “Cruel and unusual curtesy n. Under the common
punishment” has frequently been law, a husband’s entitlement to a
asserted in connection with life estate in all the land that his
attempts to overturn death wife possessed at her death in
penalty statutes or forms of either fee simple or fee tail,
execution, e.g., electric chair. provided the couple had a living
child who was capable of
cruelty n. As a ground for
inheriting his or her mother’s
divorce, the intentional and
estate. This right has been
malicious infliction of physical or
abolished in most states. See
psychological abuse by a married
also dower.
person upon his or her spouse
that endangers or severely curtesy consummate. The
impairs the spouse’s life or name of a husband’s right of
physical or mental wellbeing or curtesy after his wife’s death.
creates a reasonable
apprehension in the spouse’s
 236

curtesy initiate. The name of a thing for its care, inspection,

husband’s right of curtesy preservation, or security. 2 Any
before his wife’s death, once significant restraint or control over
the right is created upon the a person’s freedom to ensure his
birth of the couple’s first child. or her presence at a hearing or
trial in a criminal action. 3 The
curtilage n. The land immediately
restraint and control over a
surrounding a dwelling, such as a
person who is incarcerated
yard and outbuildings, where
following that person’s conviction
some of the regular activity of the
of an offense.
occupant’s home life takes place,
where the occupant has a child custody. The physical
reasonable expectation of control over a minor awarded
privacy, and that is usually by a court to a parent in a
demarcated, fenced off, or divorce or separation
otherwise clearly protected from proceeding or in a similar
public scrutiny. Such land is action between the unmarried
regarded as a part of the dwelling parents of the child. Such
itself and is protected from control usually includes the
warrantless searches under the right to have the child live with
Fourth Amendment to the United the parent who is awarded
States Constitution. Also called custody, the right to determine
open fields doctrine or messuage. the upbringing of the child
(including the care, discipline,
custodial interrogation See
education, religion, and
interrogation.
residence of the child), the
custody n. 1 The immediate right to make all legal
control, guarding, or keeping of a decisions concerning the
237

child, and the duty to care for custom n. A practice, particularly

and maintain the child. See in business, that is so old and
also visitation rights. universal that it has obtained the
force of law.
joint custody. An arrangement
ordered by a court or agreed custom and usage. See usage
upon by the divorced or of trade.
separated parents of a minor
customs n. 1 Taxes imposed on
by which the parents share all
imports and exports; the United
authority, decisions, and
States Constitution prohibits
responsibilities concerning the
Congress from imposing taxes on
care and upbringing of their
goods exported from a state. Also
child, cybersquatting
called duties. 2 The agency or
procedure for collecting such
although the minor still taxes, or the place where they are
primarily resides (usually) with collected.
only one of the parents.
cybercrime Same as computer
sole custody. An arrangement crime. See crime.
ordered by a court or agreed
cyberfraud Same as computer
upon by the divorced or
fraud. See fraud.
separated parents of a minor
by which only one parent cyberlaw n. The area of law
makes all the decisions and dealing with the use of computers
has all the authority and and the Internet and the
responsibilities concerning the exchange of communications and
care and upbringing of his or information thereon, including
her child, to the exclusion of related issues concerning such
the other parent. communications and information

as the protection of intellectual
property rights, freedom
speech, and public access to
information. cyberpiracy
cybersquatting.
cybersquatting n.
registering of a domain name on
the Internet in the hope of selling
or licensing it at a profit to a
person or entity who wishes to
use it. If cyberstalking
the domain name is identical or
confusingly similar to a trademark
used by that person or entity, the
owner of the trademark has a
cause of action against whoever
registered and is holding on to the
name. Also called cyberpiracy,
domain name grabbing,
domain name piracy.
cyberstalking v. 1 Using the
Internet, through chat rooms and
e-mail, to find, identify,
arrange to meet a person whom
one intends to criminally victimize.
2 Sending multiple e-mails, often
238
on a systematic basis, to annoy,
of embarrass, intimidate, or threaten
a person or to make the person
See fearful that she or a member of
her family or household will be
harmed. Also called e-mail
The
harassment.
cy pres n. French. As near as.
The equitable doctrine that a
deed or will whose terms cannot
be carried out may be modified by
a court so that the intent of the
instrument’s maker can be fulfilled
as closely as possible.
and
and
239

other party’s breach of the

D
contract.

liquidated damages. A
contractually agreed upon
amount to be paid in the event
of a breach of the contract, in
lieu of performance or
quantification of actual
damages n. pl. Financial damages sustained.
compensation demanded by, or
nominal damages. A small or
directed by a court to be paid to,
insignificant amount of money
a claimant as compensation for a
awarded by a court or jury to
financial loss or injury to person
demonstrate that a defendant
or property.
is at fault, but that the injury
actual or compensatory sustained was minor or non-
damages. Damages intended existent.
to compensate for a
punitive damages. Damages
quantifiable loss.
awarded by a court or jury,
consequential damages. typically in addition to actual
Damages resulting indirectly damages, when the party
from the act complained of. against whom the award is
made is deemed to have
incidental damages. Under the
behaved egregiously; for
Uniform Commercial Code,
example, with particular
expenses reasonably incurred
recklessness or malice.
by either party to a transaction
speculative damages.
in caring for goods after the
Damages claimed for possible
240

future harm. These are support of a claim against the

considered uncertain or deceased’s estate.
impossible to prove and
death n. The end of life, when
generally are not awarded.
physical functions and vital signs
treble damages. A tripling of stop.
the actual damages, generally
brain death. An irreversible
awarded pursuant to a law or
end to the functioning of the
statute; intended to deter bad
brain. Often used as the legal
conduct.
definition of death.
damnify v. To harm by causing
death certificate n. An official
loss or damage. dangerous
document setting forth particulars
weapon See weapon.
relating to a dead person,
date rape n. The rape of an including name, date of birth and
individual with whom the death, and cause of death,
perpetrator is acquainted, usually certified to by a doctor as
typically during a social to the cause of death.
engagement. See also rape.
death penalty n. The court-
d/b/a abbr. Doing business as, ordered imposition of a sentence
identifying an individual’s trade of execution as punishment for a
name; for example, John James crime. See also punishment
d/b/a James (capital punishment).
Productions.
death warrant n. A warrant
dead man’s statute n. An signed by an appropriate official,
evidentiary rule at trial that such as the governor of a state,
excludes statements made by a directing that a sentence of
deceased person if offered in
241

execution be carried out. joint debtors. Two or more

debenture persons both liable for the
same debt.
debenture n. A corporate debt judgment debtor. One who
secured by the revenues, owes a sum of money to
reputation, and credit standing of another by virtue of a
the debtor, and that lacks a judgment that has previously
security interest in other property; been rendered.
an instrument that embodies this
decedent n. A person who has
type of debt.
died; the term is usually used in
debt n. A specific sum of money trusts and estates and personal
due as a result of a written or injury matters.
verbal agreement or by operation
deceit n. 1 The intentional
of law.
imparting of a false impression. 2
debtor n. One who owes a fixed A misrepresentation of fact,
sum of money to another; a which, when made with the
person or entity filing, or intention that the other party will
becoming the subject of, a rely on it to his detriment,
bankruptcy action. constitutes the torts of fraud or
debtor-in-possession. A misrepresentation. See also
debtor allowed by the fraud and misrepresentation.
bankruptcy court to continue
decertify v. To cancel or annul a
operation of the business
certification, as of a labor union or
during the proceedings.
of a class in a class action.

decision n. The written

determination of a court or
242

administrative tribunal disposing dying declaration. A statement

of motions or claims in a case or that is assumed to be truthful
matter before it. because it is made by an
individual aware of impending
declarant n. A person who
death (and thus thought to
makes a verbal statement or
have no incentive to lie), and
signs a written one. declaration
that is therefore admissible in
n. 1 A statement made in
court as an exception to the
connection with a case or legal
hearsay rule.
matter, or intended to have a
formal status or effect. 2 A written declaratory judgment n. Order
document, synonymous in some rendered by a court which
jurisdictions with affidavit and in establishes rights between parties
others (although antiquated) with where there is uncertainty,
complaint. 3 A written document usually as to a written contract or
governing rights and obligations document. Does not generally
among property owners, as in result in award of damages, only
declaration of condominium or determination by Court as to
declaration of covenants and meaning or obligations.
restrictions.
decree n. A court judgment,
declaration against interest. A especially in a court of equity,
statement that is assumed to bankruptcy, admiralty, divorce, or
be truthful because it is probate.
contrary to the declarant’s
consent decree. A written
self-interest when made, and
settlement by the parties to a
is therefore admissible in court
litigation, in the form of a
as an exception to the
decree signed by the judge.
hearsay rule.
243

decree absolute. A final insured before the insurer

decree entered by the court, becomes responsible for any
after the waiting period set in reimbursement.
a decree nisi has expired,
deduction n. A monetary amount
without the adverse party
that a taxpayer is permitted by
persuading the court to set it
law or regulation to subtract from
aside.
income when determining income
decree nisi. A proposed final tax.
decree by a court, which will
itemized deduction. An
not become final until the
expense, such as state and
expiration of a time period,
local taxes paid, or annual
during which the adversely
interest on a mortgage, that is
affected party is given the
listed on a tax return as a
opportunity to show the court
deduction. Includes
why it should be set aside.
charitable deductions.
decriminalization n. The
standard deduction. A dollar
legislature’s act of amending laws
amount that a taxpayer is
to permit a previously illegal act.
permitted by law to subtract
dedication n. A grant of land, a from taxable income in lieu of
copyright, or of some other listing itemized deductions.
property, or the right of use in
deed 1 n. A written conveyance
land or other property (an
of an interest in real property. 2 v.
easement), for a public purpose.
The act of granting a deed in
deductible n. In an insurance property to another.
policy, the monetary amount of quitclaim deed. A deed
the loss that must be paid by the conveying the grantor’s
244

interest in real property, as is, for all intentions and purposes,

including any defects in title, but which lacks official legitimacy.
and with no warranty that title
defalcation n. The theft or
is valid.
misuse of funds, generally refers
warranty deed. A deed that to improper use of money by
contains one or more government official or private
warranties, such as the trustee.
validity of the grantor’s title,
defamation n. The utterance of a
the recipient’s right of “quiet
false statement that harms the
enjoyment” of the property,
reputation of another. Although
and the right to resell it free of
most state laws require that a
any encumbrances; contrast
defamatory statement be made
quitclaim deed. defeasance
with knowledge of its falsehood,
in some jurisdictions a cause of
deem v. To consider or assume action exists for negligent
that a thing has the attributes or defamation. Libel (involving a
qualities of something else; for written false statement, including
example, for certain legal statements transmitted on the
purposes, a corporation is Internet) and slander (spoken, as
deemed to be a person. opposed to written, false
deep pocket n. A person or entity statements), are both forms of
that has significant financial defamation.
resources and is therefore an defamatory adj. Used in
attractive target for litigation. reference to an utterance, to
de facto adj. In fact. Description indicate that it is false and
of a person or action that exists
245

harmful to the reputation of legal document that may lead to

another. its invalidity, or in a pleading that
may lead to its dismissal.
default 1 n. The failure to perform
a legal or contractual apparent defect. A flaw or
requirement, such as the error that should have been
payment of a debt by the due noticed by a reasonably
date. 2 v. To fail to perform such observant individual. Also
a requirement. known as a patent defect.

default judgment n. A judgment design defect. An error or flaw

entered against a party to a introduced, or not detected,

litigation as a result of that party’s during the design of the

failure to appear or contest the process or product.

claim. fatal defect. Pertaining to a

defeasance n. The abrogation of contract or a pleading, an

an interest in real property. error or flaw of such gravity

that it may invalidate the
defeasible
document in question.

manufacturing defect. An error

defeasible adj. Description of a
or flaw in a product,
right or interest that is capable of
introduced during the
being terminated, or which will
manufacturing rather than the
terminate upon occurrence of a
design phase.
condition subsequent.
marketing defect. The failure
defect n. An error or flaw in a
either to inform users of the
process or product, affecting
appropriate way to use a
performance and potentially
product so as to avoid harm,
causing harm; a shortcoming in a
246

or to disclose an error or flaw denial or an assertion of facts or

in a product that may cause law that counters or negates a
harm to a user. claim made by the other party.
See also self defense.
defective adj. Of a product or
process, that it contains an error affirmative defense. A
or flaw affecting performance; of statement of fact in a
a pleading or document, that it responsive pleading that, if
contains a shortcoming potentially true, has the effect of
causing its invalidity or leading to canceling or rendering
its dismissal. ineffective a claim of the other
party. For example, the truth
defend v. In litigation, to oppose
of an allegedly defamatory
a claimant’s case; to advance or
statement is an affirmative
protect one’s own adverse
defense.
interests. Also, as an attorney, to
represent the defendant in a equitable defense. A defense
criminal case or civil proceeding. derived from those historically
used in courts of equity, such
defendant n. In a criminal trial,
as mutual mistake.
the accused; in a civil proceeding,
the person or entity against whom deferred compensation n.
a claim is made. Compensation that is paid to an
employee at a time later than the
defense n. Collectively, the
one at which it was earned, with
attorneys representing a
the tax on that compensation
defendant and any laypeople
deferred as well. Often in the
assisting them in their efforts,
form of stock options in the
particularly in a criminal trial. In
employer corporation.
litigation, generally a factual
247

deficiency judgment n. A del credere adj. Italian. Of belief

judgment for the balance of a or trust. Used in connection with
debt already partly paid, typically agents who guarantee the good
through a forced sale of personal faith or financial capability of the
or real property. persons or entities on whose
behalf they act. See also agent.
degree n. 1 A step or level in the
accomplishment of an act or a delegable duty n. A
duty, or in the determination of a responsibility that can be
relationship. The level of an delegated to another to perform.
offense, such as murder and See also duty.
determining the appropriate
delegate 1 n. One who acts on
punishment for it.
behalf of one or more others in
degree of care. The standard an official capacity. 2 v. The act
to which a party is responsible of granting another the power to
for exercising a duty or act on one’s behalf.
responsibility in order to avoid
delegation n. The act of granting
an implication of negligence.
another the power to act on
2. In trusts and estates or family one’s behalf in an official
law matters, degree pertains to capacity; a group of delegates.
genetic proximity (the degree of
deliberate 1 adj. Intentional and
consanguinity).
premeditated, of an act
dehors adj. French. Outside or performed with prior planning;
beyond the bounds of, as in with full consideration and
matters that are dehors the trial thoroughly, as in “with all
record or the pages of a written deliberate speed.” 2 v. The
agreement. process by which jurors
248

determine the outcome of a conveys property to another,

case. even if actual possession is
not taken, as opposed deny
delict n. From the Latin delictum,
an offense. A breach of criminal
to actual delivery, which is
or civil law.
complete upon transfer of
delinquency n. 1 A failure, by property, or conditional
act or omission, to perform a delivery, in which property is
legal or contractual obligation. 2 delivered but ownership is
an unpaid amount due. subject to further action, e.g.,

delinquent 1 n. A person who payment.

fails to perform a legal or demand 1 n. A claim for money

contractual obligation, or who is or other relief or the assertion of a
guilty of illegal or disorderly legal right. 2 v. To claim money or
behavior. 2 adj. Of a person other relief, or assert a legal right.
failing to perform a legal or
demise n. The conveyance of an
contractual obligation, or who is
interest in real property for a
engaging in illegal or disorderly
specified time period by will or
behavior.
lease; the death of a person or
delivery n. The act of granting cessation of a corporate entity.
legal possession, custody, or
demonstrative evidence n. See
control of something, to another;
evidence.
the thing so transferred.
demur v. To deny the legal
Constructive delivery. Absent
sufficiency of an adversary’s
actual delivery of goods or
claim, without admitting or
item, an action or
denying the truth of the
communication which
249
underlying facts, usually on a
technical legal basis rather than
the merits of the claim; to file a
demurrer.
demurrer n. In a litigation, a
pleading or motion denying the
legal sufficiency of an adversary’s
claim. The term is archaic but is
still used in a few jurisdictions,
where such a denial would either
be included in the answer or
advanced in a motion to dismiss
or preliminary objections.
denial n. In litigation, a rejection
of a claim or request; an assertion
in a pleading rejecting
asserted by the other party in its
own pleading.
general denial. A response
that questions all of
material accusations
petition or complaint.
specific denial. A separate
response to several of the
plaintiff’s charges individually
denying them, while not
denying all of them.
deny v. Of a court, to reject a
party’s claim for money or other
relief; of a litigant, to reject in a
pleading assertions made by the
other party in its own pleading.
dependent
dependent n. A person relying on
another for financial support; a
relative for whom a taxpayer may
claim an exemption on his income
tax return.
deplete v. To draw out in its
facts
entirety, or use up, money or a
nonrenewable resource such as
oil.
depletion n. The act of drawing
the
out in its entirety, or using up,
in a
money or of a nonrenewable
resource such as oil.
deponent n. A person who, in
connection with a litigation,
makes a sworn statement, usually
orally, in deposition;
250

occasionally in a writing such as in which a party or witness gives

an affidavit. See also affiant. sworn testimony under oath
before a court reporter, who then
deport v. To expel an illegal
creates a written document; the
alien, or someone whose
written document created as a
immigration status has expired or
result of such a proceeding.
been revoked, to a foreign
country. deposition de bene esse. The
deposition of a witness who is
deportation n. The act of
unlikely to be available to
expelling an illegal alien, or
appear at the trial. deposition
someone whose immigration
of corporate designee. The
status has expired or been
deposition of a person
revoked, to a foreign country.
representing a corporation or
depose v. To take a person’s entity, in which that person is
deposition; to make a written, held out to have the most
sworn statement, such as an knowledge of the subject at
affidavit. hand. Testimony taken in this
manner is binding upon the
deposit n. The act of placing
corporation or entity.
money or property with another
who will hold it in trust, or who depraved-heart murder n. A
has a fiduciary duty with regard to murder resulting from an act of
it, or otherwise will hold and reckless disregard for the safety
manage it for the benefit of the of others. See also murder.
owner; the money or property so
depreciation n. A decline in the
placed.
value of an asset over time, due
deposition n. In litigation, a to its increasing obsolescence or
proceeding outside the courtroom
251

the wear and tear due to its use; derivative work n. In copyright, a
a deduction on an income tax work that is based on another, in
return of part of the asset’s cost, whole or part, in the same or
transforming its declining value another medium, such as a
into a benefit for the taxpayer. sequel to a novel or a live musical
based on a movie. A derivative
derelict 1 n. Archaic. An object
work cannot be published without
that has been abandoned by its
the permission of the creator of
owner; an individual who is
the original, or the permission of
homeless, drunk or disorderly. 2
any successor to the creator’s
adj. Of property, that it is
rights.
abandoned; of a person, that he
is remiss in his duties. derogation n. In legislation,
partially repealing or limiting the
dereliction n. 1 The committing
scope of common law or prior
of a breach, typically of a duty. 2
statutes.
An increase in land caused by the
recession of sea, river, or other descendant n. A person’s child,
body of water formerly covering it. grandchild, great-grandchild, or
Ownership is a function of how other offspring in the direct line of
rapidly the water receded. See descent.
also reliction.
descent n. The transfer of real
derivative action n. Litigation estate by inheritance, whether by
brought by a shareholder on will or intestacy. See also
behalf of a corporation against an distribution and succession.
officer, on the theory that the
desecrate v. To harm or insult a
corporation is powerless to act on
sacred thing.
its own behalf.
252

desegregate v. The act of formerly lawful tenant beyond

removing laws and policies that
provide for a mandatory
separation of the races.
desegregation n. The removal of
laws and policies enforcing a
separation of the races.
the date of legal possession,
as in the holdover of a lease.
dictum
detention n. The act of keeping
an individual imprisoned or in

desertion n. The intentional and custody.

indefensible abandonment of a preventive detention. The

responsibility, such as to military holding in custody of an
service or to a spouse. accused criminal or mentally ill
individual who is deemed to
design defectSee defect.
be a threat to him- or herself
destructibility n. The capacity of or to others, or to represent a
being destroyed by an event, a flight risk.
person’s action, or by law.
determinate sentence See
detainer n. The act of keeping a sentence.
person or thing in one’s custody
determination n. A final ruling by
or possession; an order
a court or agency; the cessation
authorizing a prison to continue
of an interest in property or of a
holding a prisoner beyond his or
power granted by law.
her release date, typically while
proceedings are commenced in determination letter n. A ruling
another jurisdiction. by the Internal Revenue Service
issued at the request of a
unlawful detainer. The illegal
taxpayer, seeking assurance as
holding of real property by a
253
to the tax implications of a
particular transaction.
detinue n. At common law, an
action to recover personal
property wrongly held by another.
detrimental reliance See
reliance.
device n. An invention, typically a
mechanical object; a tactic or
contrivance for the purpose of
committing a deception or fraud.
devise n. The act of transferring
real property by will; a clause of a
will describing such a transfer; the
property disposed of in such a
transfer.
devisee n. The individual or entity
receiving real property as the
result of a devise.
devisor n. The person making a
transfer of real property by
devise.
devolve v. The grant or transfer
of authority and/or responsibility
to another.
dictum n. In a court’s decision, a
statement of opinion or of a
general rule that is explanatory or
suggestive only, digest
and not binding on courts in future
cases, because it does not form
part of the court’s central
argument. For example, a judge’s
suggestion as to how she might
decide a related controversy not
presently before her would be
considered dictum.
digest 1 n. A book or series in
which cases are summarized and
indexed by topics, such as legal
issues involved in the case or
statutes on which the court ruled.
2 v. To create a summary of a
case.
diligence n. The effort required to
carry out a responsibility or to
meet a standard of care.
due diligence. A thorough
review of documents, financial
statements, and other relevant
254
information pertaining to a
proposed corporate
transaction such as
acquisition or merger; lack of
due diligence by
undertaking an examination of
books and records may give
rise to liability of that individual
if the entity being acquired has
lower value than expected.
dilution n. 1 Diminution
weakening of a shareholder’s
interest in a company by the
issuance of more shares to other
shareholders. 2 Of a trademark,
by its use as a term of general
description or in other derogatory
or unauthorized ways. 3 Of the
voting rights of a particular party
or group by reapportionment of
one or more legislative districts
(see gerrymandering).
diminished capacity n.
alteration to a defendant’s mental
state, a reduced ability
understand, usually the result of
mental retardation, alcohol or
drug intoxication, or some other
factor, which exists at the time of
an the commission of a crime, not
sufficient to support an insanity
one defense, but that raises the issue
of whether the defendant was
able to form the intent to commit
the crime.
Typically offered as a defense in
partial mitigation to obtain
or conviction on a lesser included
charge or to receive a lesser
sentence.
diplomatic immunity n. An
immunity granted by law or
treaty to ambassadors and others
with diplomatic status.
direct v. To order or cause a
person or entity to carry out a
course of action; more generally,
to govern an enterprise or activity.
Of a judge, the giving of a verbal
An
instruction to a witness or jury to
behave in a certain way, as in,
to
“the witness is directed to answer
yes or no to the questions” or “the
255

jury is directed to disregard the more legal rights (such as the

defendant’s outburst.” right to vote or to drive)
revoked as a result of the
direct examination n. At trial, the
conviction of a crime.
initial questioning of a witness by
the lawyer who called that disbarment n. The act of
witness. Followed by cross revoking an attorney’s license to
examination by the opposing practice law, usually because he
attorney and, in some cases, or she has committed a crime or
redirect examination by the violated a legal rule of ethics.
attorney who conducted the direct discharge n. A debtor’s release
examination. from a debt upon payment in full
or upon adjudication of
director n. Of a corporation, an
bankruptcy; the release of an
individual selected to serve on its
inmate from prison; the
board of directors and thereby
termination of an employee; the
oversee the management of its
act of releasing jurors from any
affairs.
further obligation, upon the giving
disability n. An injury or medical of a verdict or the settlement or
condition that interferes with an dismissal of the trial in which they
individual’s ability to perform one serve.
or more of the functions of daily
discharge in bankruptcy n. The
life or of work; a legal status that
release of a debtor from his
prevents an individual from
obligation to pay all or part of his
exercising one or more of a
debts, upon the adjudication of a
citizen’s rights.
bankruptcy court.
civil disability. The status of an
individual who has had one or
256
disciplinary proceeding n. An
administrative proceeding
considering the suspension or
expulsion from a profession of a
licensed individual, as the result
of a crime for which he or she
was convicted, or of a disciplinary
infraction such as a breach of a
code of ethics.
disclaimer n. A clause in a
contract or other writing, stating
that the producer or seller of
product, device, or process
makes no promises about its
quality or performance and will
not be responsible for harm
resulting therefrom.
disclosure n. The release of
information about a person or
entity. Of a corporation, the filing
of documents and statements
required by law; in litigation, the
release of documents and other
information subpoenaed or
otherwise sought by the other
side. See also discovery.
discontinuance n. The voluntary
termination of litigation by a
plaintiff who has elected not to
pursue it or by both parties
pursuant to a settlement.
discovery n. In litigation, the
compulsory release by a party of
documents and other evidence
sought by the other party, under
rules set by the court. Means of
discovery include depositions,
written interrogatories, requests
for admissions, and requests to
produce documents or to inspect
property. See also disclosure.
dismissal
discretion n. The freedom of
choice and of action of a judge,
prosecutor, or other public official,
within the defined scope of his or
her responsibilities. For example,
in a criminal matter a judge may
have wide discretion to release
the defendant on recognizance or
to demand bail in any amount,
257
based on the judge’s view of the
defendant as a flight risk.
discrimination n. The act of
denying rights, benefits, justice,
equitable treatment, or access to
facilities available to all others, to
an individual or group of people
because of their race, age,
gender, handicap or other
defining characteristic. See also
reverse discrimination.
disenfranchise v. To take away
from an individual or group the
ability to exercise a right, such as
the right to vote.
disenfranchisement n. The act
of taking a right away from an
individual or group.
dishonor v. To refuse to pay a
claim embodied in a written
document, such as a check or
other negotiable instrument, when
presented; to treat disrespectfully
an object considered to have a
public or sacred nature, such as a
flag.
disinheritance n. The act of
creating or modifying a will to
deprive a potential heir of
property or assets that would
otherwise pass to the heir under a
will.
disinterested adj. Neutral,
impartial; lacking a financial
interest in, or other predisposition
toward, a particular resolution of a
controversy or issue.
dismissal n. 1 The termination of
a legal proceeding by the judge,
before a trial or hearing, typically
on the grant of a motion to
dismiss by the adverse party, or
because the claimant failed to
proceed with the action or comply
with an order of the court, or
because the claimant has agreed
to end the proceeding. 2 Of
employment, the firing of an
employee.
258

disorderly conduct disparage v. To make an untrue

statement that harms the
dismissal without prejudice. A reputation of another’s business
dismissal that allows the or product.
claimant to bring the same
disparagement n. An untrue
claim again at some time in
statement that harms the
the future, within any
reputation of someone else’s
applicable period of
business or product.
limitations.
dispossess 1 v. To evict
dismissal with prejudice. A
someone from a tenancy in, or
dismissal that bars the
the possession of, real property. 2
claimant from bringing the
n. A document, such as a legally
claim again at any time in the
required notice, advising
future.
someone that an eviction
involuntary dismissal. A proceeding will be commenced if
dismissal of a claim that the he or she does not vacate the
claimant desired to pursue. premises within a specified time

voluntary dismissal. A period.

dismissal by the claimant or dispossession n. The act of

with the claimant’s consent to removing someone from a
withdraw the claim. tenancy in, or the possession of,

disorderly conduct n. An real property.

individual or group’s pattern of dissent n. Of a judicial decision,

acts that has the effect of creating a non binding opinion by one or
a public nuisance or threatening more judges who disagree with
safety. the majority’s holding; a
259

withholding of consent to a such as the payment of rent. See

decision or outcome; the exercise also distress.
of free speech to express
distress n. The act of distraining
disagreement with a government
another’s property. See also
action or policy. dissolution n.
distrain.
The termination, cessation, or
winding up of a legal entity such distributee n. An heir or
as a corporation or partnership; beneficiary entitled to receive
the consensual or judicially payment or personal property
ordered undoing of a contract by from an estate.
placing the parties back into the distribution n. At common law,
positions they held before the transfer of personal property
entering into it; the termination of to the heirs of an individual who
a marriage. died intestate.
distinguish v. In a judicial district n. A geographical
decision, or an argument such as subdivision of a county,
a brief in support of a particular municipality, or similar entity, for
legal outcome, to note or argue political, judicial, or administrative
that a prior decision of the same ends; for example, a court district
or another court is inapplicable as (in which a particular court has
precedent, because of significant jurisdiction over certain matters
differences in the facts or in the arising within the borders or
legal posture of the two cases. pertaining to people who live
distrain v. To seize personal there) or a voting district (where
property of an individual, typically all the franchised inhabitants are
a tenant, to compel the required to vote at a particular
performance of an obligation, polling station).
260

district attorney n. A prosecutor percentage of the company’s

in the state or municipal court earnings.
system, often an elected official.
divorce 1 n. The termination of a
district court n. A court in the marriage by court order; the state
state or federal system, typically of having terminated a marriage.
the lowest level trial court serving 2 v. To terminate a marriage to
a particular geographical area. someone by obtaining a court
See also district. order, usually referred to as a
divorce decree.
diversity jurisdiction n. A form
of federal court jurisdiction over divisible divorce. A proceeding
state law disputes, based on the in which the marriage is
parties’ residence in different terminated but other issues
states (or one party being a pertaining to alimony,
noncitizen of the United States). distribution of assets, or
custody of children are
diversity of citizenship n. The
reserved for another
state of affairs giving rise to
proceeding in another
diversity jurisdiction, when a
jurisdiction or under the laws
legal dispute is between citizens
of another state. Also known
of two or more states or when
as a limited divorce.
one party to the dispute is a
noncitizen of the United States. divorce a mensa et thoro.
(Archaic. Latin.) Divorce from
dividend n. A distribution of
bed and board. A proceeding,
shares or money made by a
current in Britain until the
corporation to its shareholders,
nineteenth century, that
representing a pro rata
resulted in the parties
remaining married but living
261

separately. The term is still moves or travels to another

used in a few jurisdictions. jurisdiction to obtain it.

divorce a vinculo matrimonii. no-fault divorce. A divorce

(Latin.) Common law, granted at the parties’ request
meaning, from the bonds of without any adjudication of
marriage; a form of divorce wrongdoing (such as
based on grounds that abandonment, infidelity, or
preexisted the marriage, mental cruelty).
which resulted in a doctor-
DNA identification n. A method
patient privilege
for identifying a particular
individual as the source of the
legal fiction that the marriage
deoxyribonucleic acid (human
never existed (with the result
genetic material) in a sample
that any children of the
such as semen, blood, or hair.
marriage are then considered
Commonly used to prove the
illegitimate).
individual’s commission of a
mail-order divorce. A divorce crime such as murder or rape.
received through the mail or
docket 1 n. A court’s official
otherwise without the
record, in summary form, of the
presence of the parties in the
hearings held, parties’
court granting it. Not
appearances, and papers filed in
recognized in the United
a proceeding; a court’s calendar
States because of the lack of
of the dates on which hearings
personal jurisdiction.
are to be held or papers filed. 2 v.
migratory divorce. A divorce To enter a case, hearing, or filed
obtained by a spouse who
262

paper in such a record or and may include such items as

calendar. photographs, audiotapes, etc. 2
v. To record something, typically
Doctor of Juridical Science n. A
in writing, or to produce
graduate degree in law,
documents to substantiate an
equivalent to a Ph.D., sought by
assertion.
those who already have the basic
Juris Doctor degree and an document of title n. Under the
L.L.M. Uniform Commercial Code, a
document (such as a bill of
doctor-patient privilege n. A
lading) giving a specified
legal privilege, arising from a
individual the right to take custody
doctor’s obligation of
of and dispose of goods.
confidentiality, that forbids the
doctor from disclosing any domain n. Real estate; the
information or testifying about ownership of such real estate. In
confidential health doctrine Internet parlance, an
Internet address (such
matters or communications from a as www.aol.com) to be registered
patient, unless the patient waives with the appropriate authorities.
the privilege.
domestic adj. Pertaining to the
doctrine n. A widely internal affairs or products of a
accepted legal tenet. country; relating to matters of the
family.
document 1 n. Information
captured on paper or in electronic domicile n. An individual or
format. Under the rules of corporation’s permanent legal
evidence, the term receives the residence, of which there may
broadest possible interpretation only be one; for an individual or
263
corporation with multiple
residences, the primary
determining the proper jurisdiction
for matters such as taxation,
voting, and so on. In the case of
multiple residences,
individual’s domicile is that to
which he always intends to return.
dominant estate See estate.
donee n. The recipient of a gift.
donee beneficiary n. A third
party who receives the benefit of
a gift made to a donee.
donor n. The maker of a gift. 2
One who creates a trust. See also
settlor.
double indemnity n. A clause in
an insurance policy providing that
the policy’s benefit will
doubled if a loss occurs as the
result of a particular
instrumentality or under particular
circumstances, typically in the
event of an accidental injury or
death.
double jeopardy n. The fact or
one, risk of being prosecuted more
than once for the same (or
substantially the same) offense.
Double jeopardy is prohibited by
an the United States Constitution;
however, separate proceedings
under state and federal law for
offenses arising out of the same
incident do not constitute double
jeopardy (for example, a state
trial for murder and a federal trial
for deprivation of civil liberties
involving the same killing).
dower n. Common law; the right
of a wife to one third of the real
property owned by her husband
at his death, for the duration of
her life.
be
draft n. A written order for the
payment of a specified sum of
money to a certain individual or to
the bearer (for example, a check).
A draft may involve three parties:
the drawer, who writes or creates
it, the drawee, who has custody
of the funds to be paid (for
264
example, a bank), and the payee,
who will receive the funds.
sight draft. A draft payable
upon receipt.
time draft. A draft payable as
of a certain date.
draw v. To prepare and execute a
financial instrument such as a
draft or check; to prepare a legal
document such as a will or
contract; to withdraw funds from a
bank account.
drawee n. A person or entity to
whom a draft is sent, instructing
him or it to release funds to the
payee.
drawer n. The maker of a
draft or check.
driving while intoxicated v. The
criminal law offense of operating
a vehicle after having drunk an
amount of alcohol sufficient to
raise one’s blood alcohol content
above a legal limit, commonly
referred to by the acronym DWI.
Also known as driving under the
influence (DUI), which, in some
jurisdictions means that the driver
had a lower level of intoxication
than DWI, but was still impaired.
In some jurisdictions, the term
driving while impaired is used.
drug 1 n. A chemical or organic
substance used to treat a medical
or psychological condition; such a
substance used illegally to alter
consciousness or mood. 2 v. The
act of giving someone such a
substance, with the implication
that it is against the recipient’s will
and has an adverse effect. See
also controlled substance.
drug-free zone v. A geographical
area (typically surrounding a
school or other place where
children are found) in which,
under an applicable criminal law,
the distribution of illegal drugs is
penalized with a sentence or fine
greater than is applicable
elsewhere.
265

drug paraphernalia n. Items procedural due process. The

such as pipes or syringes used requirement that a legal
for the preparation or ingestion of proceeding affords an affected
illegal drugs. person, such as the defendant
in a criminal case, certain
duces tecum n. Latin. To bring
rights such as that of notice of
along. A type of subpoena that
the charges or claims, and an
requires a witness to bring
opportunity to contest them
specified documents when he or
before a neutral tribunal.
she appears in court or for a
These rights are defined by
deposition.
the Fifth and Fourteenth
due 1 adj. A proper or appropriate Amendments to the United
standard or level, as in due care. States Constitution and by
2 adv. Of a debt, draft, or other court cases thereunder.
financial instrument, that it is
substantive due process. The
payable immediately.
Constitutional requirement
durable power of attorney that federal, state, and local
legislation should not interfere
due process n. A Constitutionally with the rights defined by the
determined doctrine requiring that Fifth and Fourteenth
any legal proceeding or Amendments, unless such
legislation protect or respect legislation serves a compelling
certain rights of the persons or governmental interest in the
groups involved in the subject matter, and utilizes the
proceedings or affected by the least restrictive means to
legislation. See also accomplish that interest.
fundamental fairness.
266

DUI n. abbr. Abbreviation for physical harm. See also

driving under the influence. See economic duress.
driving while intoxicated.
duty n. A legally-defined
dummy corporation See
responsibility to perform certain
corporation.
acts or meet certain standards of
dumping 1 n. The act of selling performance; an essential
goods at less than fair market element of proof in a tort action is
value, typically for the purpose of that the defendant had a duty to
injuring a competitor and gaining act in a certain manner, such as
market share. 2 The illegal the duty to use due care in the
disposal of pollutants. operation of a motor vehicle.
Duties may be mandated by law,
durable power of attorney n. A
such as the duty to pay taxes, or
power of attorney that remains
may be voluntary, such as those
in effect after the grantor
assumed under a contract.
becomes mentally incompetent.
delegable duty. A duty that may
duress be transferred to another.

nondelegable duty. A duty that

duress n. The application of
one must perform personally, and
force, or the threat of force, to
that may not be delegated to
compel another to act against his
another. DWI See driving while
or her will. Used as a defense in
intoxicated. dying declaration
criminal and contractual matters,
See declaration.
for example, that a defendant
participated in a crime because
held at gunpoint, or signed a
contract only under the threat of
267

related actions on the

E
property.

easement appurtenant. An
easement that benefits
another property; for example,
a right to pass across land to
reach a neighboring tract.

easement by necessity. A
earned income n. Income
statutory or natural
received as payment for labor or
encumbrance that occurs in
services performed.
situations such as its being
earnest money n. A down necessary to cross another’s
payment, typically for real estate, land in order to gain access to
that demonstrates the water or to a road.
prospective purchaser’s intent to
easement in gross. An
proceed with the transaction.
easement that benefits an
easement n. A right of use of individual who does not
another’s land for a particular necessarily own any adjoining
purpose; for example, an land; for example, an
easement permitting a person to easement permitting someone
cross another’s land to fish in a to hunt or fish on the property.
pond located there, or use of a implied easement n An
common driveway. easement imposed by law
affirmative easement. An where it is clear that the
easement that grants another parties to a transaction
the right to perform certain intended an easement to
268

exist, even if not specifically effective date n. The date as of

stated. which a contract or other
instrument, or a law, enters into
negative easement. An
force.
easement that prohibits the
property owner from e.g. abbr. From the Latin term
performing some action. exempli gratia, meaning for
example.
prescriptive easement. An
easement gained by the eggshell skull n. A principle of
uninterrupted occupation of a tort law for which a tortfeasor is
another person’s land for a responsible, even for the
statutory period, often equal to unforeseeable results of his or
that required for adverse her wrongful act; the term derives
possession. from a case in which a light blow
to the head killed an individual,
economic duress n. An act of
thereby subjecting the hitter to
duress involving a threat of
liability, even though one would
financial harm.
not have expected serious injury
effective assistance of counsel or death from the force of the
n. Diligent, competent legal blow.
representation in a criminal case
eject v. To remove from
that meets the minimum
premises; to push out or cast off.
standards of due care expected
of an attorney. Failure to receive ejectment n. The removal of a
effective assistance of counsel is tenant or owner from property he
a common basis for appeal in or she occupies; a legal action by
serious criminal matters, which a person removed from
particularly death penalty cases. property seeks to recover it.
269
ejusdem generis n. Latin. Of the
same category. A legal principle
stating that a general phrase
following a list of specific items
refers to an item of the same type
as those in the list.
elder law
elder law n. A relatively recent
body of law dealing with rights
and privileges of the elderly,
including estate matters,
pensions, health issues,
Social Security.
election n. The process by which
an individual is chosen to occupy
a public office, or, in some cases,
a private one (such as a director
serving on a corporate board); in
litigation, the making of a choice
among remedies, whereby the
selection of one may preclude the
use of others; in estate law, a
choice between inheriting under a
will, and pursuing a legal remedy
other than as provided in the will.
See also elective share.
elective share n. In trusts and
estates, a share, mandated by
law, that a spouse or child may
elect to take of the estate, in lieu
of inheriting under the will.
elector n. A member of the
electoral college; the maker of
an election; a voter eligible to
vote in an election.
electoral college n. A group of
electors, chosen according to the
popular vote in each state, who
and
elect the president and the vice
president of the United States.
elements of crime n. The
required facts of a crime, such as
intent, to be proven in the course
of a prosecution.
emancipation n. The liberation of
an individual or a group from a
constraint, such as the
emancipation of slaves; in family
law, the process by which a minor
child becomes legally and
financially independent of his or
her parents and receives the
270

legal rights, at least in some eminent domain n. The

respects, of an adult. government’s right, upon the
payment of fair compensation, to
Emancipation Proclamation n.
seize privately held land for a
Executive order issued by
public purpose, such as the
President Abraham Lincoln on
widening of a highway, or the
January 1, 1863, freeing all
construction of a public building;
slaves held in geographical areas
the act of exercising such a right.
in rebellion against the United
States. emolument n. A payment or
other benefit received as a result
embezzle v. To illegally
of employment or of the holding
misappropriate property under
of a public office.
one’s care, particularly property
to which one has a public trust or emotional distress n. A negative
fiduciary duty. emotional reaction—which may
include fear, anger, anxiety, and
embezzlement n. The illegal
suffering— endured/experienced
taking of property under one’s
by the victim of a tort, for which
care, particularly property to
monetary damages may be
which one has a public trust or
awarded.
fiduciary duty.
empanel v. The formality of
embracery n. The act of illegally
seating a jury following voir dire
influencing or corrupting a juror or
at the commencement of a trial.
an entire jury to reach a particular
result. employee n. A person who works
in the service of another (the
emendation n. The act of
employer) subject to a contract
revising a document.
for hire, where the employer
271

controls the conditions of work typically heard by a panel of three

performance. See also agent.
employee benefit plan n. A
benefit other than salary (such as
health insurance or pension)
granted by an employer to its
employees, subject to a written
plan document, the taxable status
of which is governed by the
federal Employee Retirement
Income Security Act of 1974.
Employee Retirement Income
Security Act of 1974. n. Federal
legislation enacted in 1974 that
sets forth rules for employee
benefit plans. Abbreviated
ERISA.
employment n. The state of
working for another under a
contract of hire that provides that
judges, but may be reheard by
the full circuit court of appeals
sitting en banc.
encroach v. To unlawfully gain
access to or take the property or
possessions of another,
particularly by stealth.
encumbrance n. A financial
obligation, such as a mortgage,
that is attached to or burdens a
property right and is transferred
with that right.
encumbrancer n. The holder of
an encumbrance, such as a
mortgagor.
endorsement n. A change
to an insurance policy.
enfranchise v. To grant rights to

one’s services are subject to the an individual or group, such as a

other’s direction and control. right to vote or to have personal

freedom (for example, the
en banc n. French. On the
Emancipation Proclamation
bench. Of appeals courts, before
enfranchised the slaves).
a full court, with all judges
present. Federal appeals are
272
engross v. Archaic. To prepare a
document, such as a deed or a
legislative bill, for execution or
passage.
enjoin v. To order or compel to
stop or prohibit commencement
of an activity; of a judge: to grant
a court order directing a party to
cease a particular activity.
enjoy v. To have the undisturbed
use or possession of something,
particularly real property.
entry
enlarge v. To make greater in
size, extend; to free from
detention.
enrolled bill n. A final copy of
legislation passed by the United
States House of Representatives
and the Senate, which is then
sent to the president for
signature.
entail n. Archaic. At common law,
an interest in real estate that
passed only to direct issue of the
owner and not to collateral heirs.
enter v. In real property, to pass
upon or into; of litigation, to file or
present to the court—for
example, to enter an appearance
into the record; of a contract, to
enter into it means to sign or
execute it.
entice v. To invite someone to
commit a wrongful or illegal act.
entire contract n. A contract that
must be performed in its entirety;
its parts are not severable from
one another; a description of a
contract that is complete.
entirety n. The whole of a thing;
something incapable of being
divided.
entitlement n. A benefit that must
be granted to anyone who meets
the criteria for receiving it.
entrapment n. Of law
enforcement, the act of leading or
guiding a suspect into committing
273

a criminal act the suspect environmental implications of

otherwise would not have proposed projects and legislation.
committed.
environmental law n. A body of
entry n. The act of entering upon law intended to protect the
real property; the making of a environment, by regulating
notation in a court or business activities that cause pollution,
record; in criminal law, the act of such as fossil fuel emissions and
intruding into a residence with the the dumping of wastes; by
intention of committing a crime. prohibiting certain inconsistent
See also enter. uses of land designated as
federal parkland; and by
illegal entry. In immigration
providing regimes of protection
law, the act of an alien coming
for endangered species.
into the country without proper
documentation or credentials. equality before the law n. The
doctrine that all persons,
enumerated power
regardless of wealth, social
status, or the political power
enumerated power n. A
wielded by them, are to be
governmental power that is
treated the same before the law.
described in a foundation
eo instante n. Latin. At that
document such as a constitution.
moment. eo nomine n. Latin. In
environmental impact the name of.
statement n.
equal protection n. The
A report required to be filed by
constitutional guarantee that all
entities seeking federal or state
persons shall receive the same
monies, analyzing the
protection of the laws as are
274

afforded all other persons under approach followed in some

the same circumstances. jurisdictions.

Equal Protection Clause n. The equity n. Fair dealing under

provision of the Fourteenth widely held moral principles, often
Amendment to the United States embodied in court precedents; a
Constitution that prohibits states body of common law founded on
from denying equal protection of such principles, providing special
laws to its citizens. remedies, such as injunctions, in
cases where monetary damages
equalization n. The act of
are not available or will not
revising assessed values of real
suffice. ergo conj., adv. Latin.
property to make tax rates
Therefore.
consistent or of amending the tax
rates themselves to achieve Erie doctrine n. The legal
consistency among similar taxes. doctrine requiring a federal court
exercising diversity jurisdiction
equitable adj. Fair, under widely
over a state law issue to apply
held moral principles, often
the substantive (as opposed to
embodied in court precedents; or
procedural) law of the state
referring to a remedy available in
where the court is located.
a court of equity. equitable
distribution n. In divorce law, a ERISA See Employee
remedy under which the court Retirement Income Security
makes a fair (not necessarily Act of 1974. error n. A mistake
equal) distribution of the marital as to facts or law.
assets. This is the alternative to harmless error. A mistake by
the community property (equal) the judge that does not
interfere with a party’s rights
275

or remedies, and that allowing its release to a party to

therefore does not warrant an underlying transaction. For
reversal of the decision. example, a down payment may
be held in escrow, typically by the
plain error. An error that is so
realtor or a lawyer, until the
obvious and causes such an
closing of a real estate
adverse effect, that an
transaction.
appeals court reverses a
decision despite the affected estate n. The totality of an
party’s failure to object to it individual’s ownership of money,
during trial. real and personal property.

reversible error. A mistake by decedent’s estate. Such

the judge that adversely assets after the death of the
affects a party’s rights or owner, as involved in the
remedies, and is, therefore, probate of a will or an
grounds for reversal on intestacy proceeding.
appeal.
residuary estate. The
escheat n. The transfer of remainder of a decedent’s
property to government estate after all applicable
ownership when its owner dies payments and transfers have
without a will or any heirs; been made, including gifts
property that is so transferred. and taxes.

escrow n. An arrangement under contingent estate. From the

which something (money, a common law. An asset,

document, or property) is held in typically real property, that

trust by a third party until the vests only upon the

occurrence of a condition occurrence of a condition.

276

dominant estate. Real contravenes a prior claim or

property that benefits from an assertion of the same party, or if
easement on adjoining it contradicts the factual holding
property. of a court whose decision is not
directly binding on the parties.
equitable estate. An estate
recognized under the rules of collateral estoppel. Estoppel
equity. created by the findings of
another court upon the same
possessory estate. A right of
facts, even though the other
possession in an estate,
proceeding did not involve all
which may not include actual
of the same parties or was
ownership.
otherwise not directly binding
servient estate. Real property
on the current court.
upon which an easement has
equitable estoppel. At equity,
been granted.
the doctrine that a party who
vested estate. An estate that has caused another harm in
an individual has a present reliance on the party’s
right to enjoy, or a promise or statement, may be
noncontingent right to do so in barred from taking certain
the future. actions to escape liability for

estop v. To stop or prevent from such harm.

occurring. estoppel by silence. An

estoppel n. A doctrine that holds, estoppel created by the failure

under certain circumstances, that to speak of a party who had

a claim or assertion cannot be an obligation to do so.

made if it ethical wall

277

promissory estoppel. A wall between the holders of

doctrine that prevents a party information and colleagues who
from pleading lack of represent interests or hold
consideration as an opinions which conflict. Also
affirmative defense, if that known as a Chinese wall.
party made a statement upon
euthanasia
which the other party
foreseeably relied to his or her
euthanasia n. The process of
detriment.
terminating the life of another by
et al. abbr. Latin. And others; merciful or painless means, to
typically used in the caption of prevent further suffering.
court documents following the
evict v. To remove a tenant or
first named party, to signify that
other occupant from real
more than one individual is
property.
aligned on one side of the case.
eviction n. The action of
ethical adj. In accordance with
removing a tenant or other
widely held norms of behavior, or
occupant from real property.
of written standards of conduct
adopted by the members of a actual eviction. The physical

profession. removal of an individual from

real property.
ethical wall n. A process for
constructive eviction. Wrongful
avoiding conflicts of interest by
acts of a landlord that make
limiting disclosure of information
premises uninhabitable, with
to certain attorneys or individuals
the intent or result of forcing
within a firm or corporation,
the tenant to leave.
thereby building a metaphorical
278

retalitory eviction. Eviction in matters being decided by the

retaliation for a tenant’s court and that may be
complaints to or about the considered by the court under
landlord with regard to living the applicable rules of
conditions. If eviction occurs evidence.
within a narrow timeframe
cumulative evidence.
following such complaints, it is
Additional evidence that tends
presumed to be retaliatory.
to prove the same assertions
Retaliatory eviction is illegal
as evidence already admitted.
under the statutes of most
states. demonstrative evidence.
Visual evidence, such as a
evidence n. A thing, a document,
chart, image, or model,
or the testimony of a person that
prepared by attorneys or
bears on the truth or falsity of an
consultants, that
assertion made in litigation; the
demonstrates or clarifies
totality of such items introduced
information relevant to the
in a trial; the legal doctrines
trial.
pertaining to the admission, use,
direct evidence. Evidence
and evaluation of such items.
based on the witness’
character evidence. Evidence
personal observation of
attesting to one’s character
events.
and moral standing in the
documentary evidence.
community; character
Documents introduced as
witnessed to attest to same.
evidence.
See also reputation witness.

competent evidence.
Evidence that pertains to the
279

evidence in chief. Evidence examination n. In litigation, the

supporting the basic premises questioning of a witness under
of a party’s case. oath, either at trial or in a
deposition; the Patent and
extrinsic evidence. Evidence
Trademark Office investigation
pertaining to a contract and
into the validity of a patent
contradicting or
application.
supplementing its terms.
Extrinsic evidence is not cross examination. The
permitted where the contract questioning of a witness by a
is unambiguous. lawyer or other party other
than the one who called that
opinion evidence. A witness’
person, with respect to
personal opinion about the
matters about which the
facts of the dispute.
witness has testified during
real evidence. Tangible
direct examination. direct
evidence directly involved in
examination. A witness’s initial
the underlying events of the
questioning by the lawyer who
case.
called that person, in order to
rebuttal evidence. Evidence introduce matters of fact in a
offered to contradict the other case. Leading questions
party’s assertions. should be avoided by the
attorney conducting direct
evidentiary fact n. A fact that is
examination.
an indispensable step in
determining the truth or falsehood redirect examination.
of an assertion. ex. adj. Latin. Questioning of a witness by
Previous, from. the party who called that
witness, following cross
280

examination, to attempt to excessive verdict n. Term

clarify or rebut any damaging applied to a jury verdict that
testimony that might have “shocks the conscience of the
come out during cross court” as being unduly high;
examination. Normally, generally thought to result from
redirect, as it is also known, extraneous factors such as bias
is limited to the scope of the against the defendant or
subject matter examined in unusually dramatic facts.
cross examination, although
excise n. A tax on income-
the judge may make an
producing activities or on actions
exception.
involving goods, such as their
exception n. In litigation, a formal manufacture or sale.
statement made by a party
excited utterance n. An
indicating to the court that he or
exclamation made at the moment
she wishes to preserve an issue
of an accident or other
for appeal.
unexpected and disturbing event,
excess insurance n. A considered under the rules of
secondary insurance policy evidence to be likely to be truthful
covering a loss in excess of that because of the urgency of the
covered under a primary policy; surrounding circumexecutive
may be referred to as excess
policy. stances and, therefore, an
exception to the hearsay rule.
excessive force n. In criminal
See also hearsay.
law, the unjustified use of force,
determined by the circumstances. exclusion n. Of taxes, an item
that is not required to be included
281

in gross income; of insurance, the criminal law that an individual’s

occurrences that will not receive actions cannot constitute a crime
coverage under the policy. because of coercion, or some
other cause that places the
exclusionary rule n. Of litigation,
actions beyond the individual’s
a body of rules that provide that
volition or control.
evidence may not be introduced if
it was obtained in violation of a execute v. To sign a contract,
party’s constitutional rights. will, or other legal document; to
carry out a duty; to recover funds
exclusive jurisdiction n. The
under a judgment; to put a
provision, made in the United
criminal defendant to death.
States
Constitution, in legislation, or in a executed adj. Of a legal
contract, that a particular court is document, that it has been
the sole forum in which a certain signed; of an action, that it has
type of case may be brought. been carried out.

exculpate v. To clear of executive n. The branch of

suspicion; to determine the government including the
innocence of another. president and those responsible
to him or her for implementing the
excusable neglect n. An act of
laws of the United States.
neglect that occurs not as a result
executive clemency
of a party’s fault but due to
circumstances beyond his or her
control. executive clemency n. The
power granted to the governor by
excuse n. A defense or most state constitutions and
justification of an individual’s act vested in the president by the
or failure to act; a defense in
282

United States Constitution as hair, taken from the defendant for

chief executive officer to pardon evidentiary purposes.
or to commute any sentence
exemplary damages n. See
imposed by a court within that
damages
officer’s jurisdiction. See also
(punitive damages).
clemency, commutation,
pardon, and reprieve. exempt adj. Not subject to a
responsibility held by others.
executive privilege n. A legal
privilege, exempting the exemption n. The state of not

president of the United States being subject to a responsibility

and other members of the held by others; in taxes, an

executive branch from being amount subtracted from gross

compelled to disclose information income to determine taxable

to the public about matters of income.

foreign policy or of national exhaustion of remedies n. A

security. legal principle stating that, before

executor n. An individual named a particular remedy is sought, all

in a will who will be responsible lesser remedies (typically

for seeing that its bequests and available at a lower or parallel

other provisions are performed. level of jurisdiction, or from an

executory adj. Something that
has not yet been fully performed.
exemplar n. A representative
example of a type of object or
thing. In criminal law, a physical
sample, such as a fingerprint or
administrative body) must have
been attempted, without
satisfactory results. For example,
all state remedies must have
been tried before a state prisoner
files a writ of habeas corpus in a
federal court.
283

exhibit n. A document or thing destruction of evidence or other

introduced as evidence in court, illegal action. Also used as an
or attached to a contract or to a adverb, such as, “the judge
motion. conducted the hearing ex parte.”
It also refers to a party’s
exigent circumstances n.
attempts to make such contact
Events that justify a departure
with the judge.
from usual legal procedures
such as the obtaining of a expectancy n. The expectation
warrant, typically in order to save that an heir or legatee will
a life, preserve evidence, or acquire property at another’s
prevent a suspect from fleeing. death; of real estate, a
remainder or reversion.
exonerate v. To clear of guilt or
responsibility, particularly to expert n. An individual of
establish the innocence of a recognized knowledge in a
prisoner on death row. See also particular topic, typically
exculpate. confirmed by academic standing
and publications, who is called
ex parte adj. A judge’s action in
upon by one of the parties to
conducting a hearing or
testify in court as to his or her
conference with one party only,
opinion of the underlying facts.
without notice to the other party;
Also referred to as expert
typically improper, except under
witness. ex post facto n. Latin.
the limited circumstances in
After the fact. ex post facto law
which a party is seeking a
n. A law intended to apply to
temporary restraining order and
crimes or events that took place
alleging that notice to the
before its passage. The United
adverse party will result in the
States Constitution forbids the
284

passage of ex post facto criminal extortion n. The wrongful taking

laws, on the principle that it is of something of value from
wrong to punish an act which another by the threat of force or
was not illegal when committed. other coercive measure.
express adj. Direct, immediate,
extradite v. To transfer through
clear.
legal process a captured fugitive
expropriate v. Of government: to the jurisdiction where he or she
forcibly to divest another of a is sought. eyewitness
property interest, as by eminent
domain. extradition n. The act of

expropriation n. Of government: transferring a captured fugitive to

the action of forcibly divesting the jurisdiction where he or she is

another of a property interest, as sought; the legal process for such

by eminent domain. a transfer.

expungement of record 1 n. The extrajudicial adj. Of an action,

eradication of a criminal that it is of the nature of

conviction from official records something that should be

after a specified period of time or accomplished by legal process

upon the happening of a specific but has been done outside of the

event. 2 v. the process of court system; for example, a

removing criminal records from statement made out of court is an

official rolls. extrajudicial statement. See also

hearsay.
extort v. To wrongfully take
something of value from another extralegal adj. Outside of the

by the threat of force or other domain of the law.

coercive measure.
285

extraordinary remedySee
remedy.

extraordinary writ n. A writ for

an extraordinary remedy.

extraterritorial adj. Beyond the

boundaries or reach of a
particular jurisdiction. See also
jurisdiction.

extrinsic evidence n. Evidence

that pertains to a contract, but is
not contained with the “four
corners” of the contract
document; generally offered to
contradict or explain the terms of
the written document. Extrinsic
evidence is generally not
permitted unless the contract is
ambiguous on its face.

eyewitness n. An individual who

saw the occurrence of an event
and may be called upon to testify
about it in court.
286

necessary prerequisite for the

F
proof of, another fact.

jurisdictional fact. Such a fact

as must exist before a court
will exercise jurisdiction over a
matter; for example, in a
diversity case in federal court,
that the parties are citizens of
face n. The front part of a different states and that the
document or thing, or the part amount in controversy is
with writing on it; the appearance above a threshold level.
or tendency of a thing, for
probative fact. See evidentiary
example, the face of the
fact.
evidence.
ultimate fact. An essential fact,
facilitation v. Criminal law, the
arrived at by inference from
act of assisting another to commit
the evidence and testimony,
a crime by making it easier.
that causes the final
fact n. Something that exists or determination or conclusion of
has happened; an irreducible law.
element of real existence or
fact-finder n. The person or
occurrence.
persons in a particular trial or
collateral fact. A fact that is not proceeding with responsibility for
central to the main issue or determining the facts. The jury
controversy. typically acts as the fact-finder in
any case where there is one;
evidentiary fact. A fact that
otherwise, the judge will perform
tends to prove, or is a
287

that function along with that of unenforceable for such a lack of

making determinations of law. reciprocity.

fact-finding n. The process of failure of issue n. In trusts and

acting as the fact-finder. estate law, that a decedent had
no children to inherit his or her
factor n. One who buys accounts
estate.
receivable for an amount less
than their face value and collects faint pleader n. A dishonest
the full amount, pocketing the manner of filing a legal pleading,
difference as his or her typically involving fraud or
commission; one who sells goods conspiracy among the parties.
received on consignment.
fair adj. Neutral; balanced; just;
factum n. From Latin, meaning a reasonable.
fact or an action.
fair comment n. A defense to a
fail v. To break; not to succeed in charge of defamation, that the
reaching a standard or goal; to statements were based on
perform ineptly or faultily; to sincere opinion about a matter of
become bankrupt. public interest.

failure of consideration n. The fair hearing n. A court or

doctrine that a contract is administrative hearing conducted
unenforceable where there is no so as to accord each party the
reciprocity of benefits, because due process rights required by
one party has given nothing in applicable law.
return for what he or she has
fair market value n. Market
received; the circumstances
value, the price that can be had
under which a contract becomes
for property in a reasonable
288

commercial marketplace; in false arrest n. An arrest made by

corporate law, the intrinsic value a person who falsely claims to be
of shares of stock, for purposes of a law enforcement officer or by a
determining a buy-out price. law enforcement officer who has
no legal grounds for making an
fair trial n. A trial by a neutral and
arrest; restraint of an individual’s
fair court, conducted so as to
free movement. See also false
accord each party the due
imprisonment.
process rights required by
applicable law; of a criminal trial, false imprisonment n. The act of
that the defendant’s constitutional detaining or restraining another
rights have been respected. without proper legal authority; a
false arrest.
fair use n. Copyright law: the
doctrine that one may use a small false pretenses n. The act of
portion of a copyrighted work obtaining a benefit or property by
without the author’s permission, in fraud or misrepresentation.
scholarly works, reviews, or other
false statement n. An
contexts where the use is
intentionally untrue statement
considered reasonable and
made to mislead.
limited.
family n. A group of individuals
fair warning n. Adequate notice
who share ties of blood, marriage,
in a law that certain acts
or adoption; a group residing
constitute criminal behavior.
together and consisting of
false advertising n. The act of parents, children, and other
knowingly advertising a product or relatives by blood or marriage; a
service that does not exist or group of individuals residing
does not function as represented. together who have consented to
289

an arrangement similar to ties of invalidates the document in

blood or marriage. question.

family law n. Collectively, those fatal variance n. In criminal

laws dealing with matters of procedure, a distinction between
significant Federal Insurance two assertions or documents that
Contributions Act ought to be the same, leading to a
due process violation; frequently,
impact on family relationships, a difference between the
particularly adoption, divorce, language of the indictment and
custody, and abuse. the theory pursued or proof
presented at trial, thereby denying
fast-track 1 n. An expedited
the defendant fair notice of the
litigation or discovery schedule
charges.
ordered by the court, generally in
relation to civil cases. See also fault n. A negligent or intentional
speedy trial. 2 v. to expedite a failure to act reasonably or
case schedule. according to law or duty; an act or
omission giving rise to a criminal
fatal adj. Deadly, causing actual
indictment or a civil tort lawsuit.
or metaphorical death; causing
the undoing of a claim, assertion, federal adj. Pertaining to a
or legal document (“a fatal flaw in system of government such as
the pleading”). See also fatal that adopted in the United States,
defect. in which a national government
oversees a federation of local
fatal defect n. Pertaining to a
governments, with distinctly
contract or a pleading, an error or
defined but overlapping
flaw of such gravity that it
responsibilities.
290

federal common law See federal question n. An issue or

common law. case arising under federal law,
particularly the Constitution of the
Federal Insurance
United States or an Act of
Contributions Act n. A federal
Congress; a basis for invoking the
law authorizing a Social Security
jurisdiction of federal courts.
tax partly withheld from employee
paychecks and partly paid directly federal question jurisdiction
by employers. See jurisdiction.

federalism fee n. A payment invoiced or

made for the performance of
federalism n. Generally, the services; an interest in or
allocation of authority and ownership of real estate See fee
responsibility to the different simple.
levels of government in a federal
fee simple n. At common law, the
system.
broadest possible ownership
federal law n. A body of law at interest in real estate, inheritable
the highest or national level of a by any heir of the owner.
federal government, consisting of
fee simple absolute. A fee
a constitution, enacted laws and
simple with no conditions
the court decisions pertaining to
placed upon it and that will
them. The federal law of the
endure as long as there are
United States consists of the
descendants of the original
United States Constitution, laws
owner to inherit it.
enacted by Congress, and
fee simple defeasible. A fee
decisions of the Supreme Court
simple that is terminable
and other federal courts.
despite the existence of heirs,
291
because of the occurrence of
a particular event or condition.
fee simple determinable. A fee
simple that terminates and
reverts to the grantor upon the
occurrence of a particular
event or condition; commonly
a grant of property to be used
for charitable purposes and
that reverts if no longer used
in this way.
fee tail n. Archaic. A fee estate
granted to a particular individual
and his or her specified heirs
(typically direct issue, not
collateral heirs) and that reverts if
the individual dies without such
heirs.
felon n. An individual previously
convicted of a felony.
felonious adj. Pertaining to,
involving, or of the nature of a
felony.
felony n. A grave or serious form
of crime, typically punishable by
imprisonment for more than a
year, as opposed to a
misdemeanor.
felony murder n. A murder
occurring during the commission
of a felony.
felony murder rule n. Doctrine
that a death which occurs during
the commission of another felony
crime, even where the perpetrator
did not intend to cause death; for
example, during a bank robbery,
shall be punishable as murder.
fence 1 n. An individual who buys
and resells stolen goods or
receives them on consignment. 2
v. To buy stolen goods for resale,
or receive them on consignment.
fertile octogenarian rule n. A
legalfiction, to alleviate the rule
against perpetuities, that a
woman could become pregnant
for so long as she is alive.
fiduciary 1 n. An individual owing
another a legal duty of care and
good faith in the management of
a business, money, or property;
292
for example, a corporate officer or
the executor of a will. 2 adj.
Descriptive of a relationship that
confers special higher
responsibilities.
See fiduciary relationship.
fiduciary relationship n.
legally defined relationship
which one individual acts as a
fiduciary protecting the interest
of the other (for example, an
attorney and client, or a trustee
and beneficiary).
fighting words n. Speech not
protected by the First Amendment
because it is intended to bring
about a violent response.
file 1 n. A court’s or a lawyer’s
record of a case. 2 v. The act of
submitting a document, generally
to a court. final judgment See
judgment.
finder n. One who brings together
two or more parties for a business
transaction, such as a merger or
a loan, but who is not usually
involved in the negotiation or
preparation of the details of the
transaction.
finder’s fee n. The fee paid to a
finder for his services in bringing
about the transaction.
A
findings of fact n. The
in
conclusions of a judge, jury, or
administrative tribunal regarding
the underlying facts of the case
under consideration.
fine n. An amount of money paid
as a penalty for a criminal or civil
infraction.
fine print n. Colloquial. Of a
contract, referring to matter within
it that is obscurely phrased and
generally adversarial to the less
powerful party’s interests, such as
disclaimers of liability or penalties
for late payment or performance.
Derived from the custom of
printing the parts of standard form
contracts that contain such
matter, in tiny, hardto-read print.
first-degree murderSee murder.
293

first offender n. An individual inappropriate action of the other

never previously convicted of a party. force n. Power or strength.
crime. foreclosure
deadly force. Force used
which is known or expected,
fixture n. Personal property that or should be expected to
is attached to a structure or to cause death.
land in such a way as to be
in force. Legal validity, as with
considered a part of it.
a law or regulation that is “in
Trade fixture. Items attached force.”
to premises by a tenant for
force majeure n. French. Greater
purposes of conducting a
force; a natural or human-induced
business; for example, ovens
disaster that causes a contract to
in a restaurant.
fail of performance.
FOIA See Freedom of
forcible detainerSee eviction.
Information Act.
forcible entry. n. The taking of or
forbearance n. the act of
entry onto property using unlawful
delaying enforcement of a legal
or illegal force, or any entry done
right, as with a creditor who
without consent of occupier or
grants the debtor extension of
owner.
time to pay.
foreclosure n. An action brought
for cause n. Of an action, such
by the holder of a security interest
as the termination of a contract or
in property to terminate the
a relationship of employment, that
owner’s interest in order to take
it is based on a breach,
possession of, or to sell the
misfeasance, or other
294

property, in satisfaction of the forgery n. A false banknote,

secured debt. document, work of art, or other
imitation of a thing of value,
foreign
created to be passed off as real;
the act of creating such an object.
foreign adj. Relating to
another country or jurisdiction. form n. A standard legal
document sold or published to be
forensic adj. Relating to the
used as a model, or to be
gathering, preparation, or
prepared by filling in blanks; the
presentation of evidence in court.
outward appearance of
n. the application of scientific or
something, as opposed to its
medical principles to the law.
substance.
foreseeability n. Tort law: that
fornicate v. To have sex with
which should be anticipated as
someone to whom one is not
the natural consequence of an
married.
action or inaction; predictable.
fornication n. Consensual sex
foreseeable adj. Tort law: Of an
between two individuals not
action or event, that it was
married to one another.
predictable or should be
anticipated. forum n. A public place, typically
devoted to communication or
forfeiture n. The loss or
expression; in litigation, a
compulsory transfer to another,
particular court or jurisdiction.
without compensation, of a right
or property interest, usually as a forum conveniens n. Latin. In
penalty. litigation: the most appropriate
court for the resolution of a
particular dispute.
295

forum nonconveniens n. Latin. that are, or are not, found within

In litigation: the doctrine that a the document.
court may decline jurisdiction of a
franchise n. A right granted by or
case, based on factors such as
pursuant to legislation, particularly
residence of the parties, thus
the right to vote; the exclusive
allowing or causing another more
right under a licensing agreement
convenient court to take the case.
to utilize a trademark and
forum-selection clause n. A distribute the trademarked
clause in a contract stating that all products or services in a
disputes will be resolved in a particular area.
particular court and waiving the
fraud n. An intentional
right to file suit in any other.
misrepresentation uttered to
forum shopping n. Colloquial. A cause another to rely on it to his
party’s action of looking for a detriment.
court or judge that is deemed
constructive fraud. A
likely to render a favorable result.
misrepresentation deemed by
foundation n. Of evidence, that it the law to be fraud even
indicates or leads to the though unintentional.
admissibility of other evidence; a fraud in the factum. The nature
nonprofit organization created to of a legal document is
fund or promote charitable misrepresented to a party who
causes. is induced to sign it based on

four corners n. Colloquial. The an incorrect understanding of

entirety of a written contract or its nature.

document, referring to matters fraud in the inducement. A

party is induced to sign a
296

contract by misrepresentation, freedom of association n. The

not of the terms of the contract right, protected by the First
itself, but of the level of risk or Amendment to the United States
the surrounding Constitution, to gather or
circumstances. associate with others for any
purpose that would be lawful if
mail fraud. A fraudulent act
pursued individually.
involving misrepresentations
made through the United freedom of contract n. The right
States Postal Service for of individuals to consent to
financial benefit. binding contracts without
government intervention.
wire fraud. A fraudulent act
involving misrepresentations freedom of expression n.
made via telephone or other Collectively, the rights,
form of electronic guaranteed by the First
communications. Amendment to the United States
Constitution, to engage in
fraudulent concealment See
freedom of speech, freedom of
concealment.
association, freedom of the press,
fraudulent conveyance n. A and freedom of religion.
transfer of real property to
Freedom of Information Act n. A
another, typically lacking any or
federal law that allows individuals
significant consideration, made
and organizations to compel the
for the purposes of protecting the
federal government to release
property from a creditor who
copies of documents it might not
would otherwise seek its sale or
otherwise choose to disclose.
forfeiture.
Abbreviated FOIA.
297

freedom of religion n. The right, suspect in flight. A police officer

guaranteed by the
Amendment to the United States
Constitution, to choose religious
practices or to abstain from any
without government intervention.
First may leave his or her jurisdiction
while in active pursuit, or may
search a building the suspect has
entered without first obtaining a
warrant.

freedom of speech n. The right, friend of the court n. Litigation:

guaranteed by the First An individual or organization filing
Amendment to the frolic an amicus curiae brief in an
action to which he or it is not a
United States Constitution, to party. A friend of the court must
communicate ideas and opinions show a strong interest in the
without government intervention. matters under consideration by
the court. See also amicus
freedom of the press n. The
curiae.
right, guaranteed by the First
Amendment to the United States frisk 1 v. To search another for a
Constitution to publish and weapon or contraband. 2 n. The
distribute information in books, search of another for a weapon or
magazines, and newspapers contraband. See also search.
without government intervention.
frivolous adj. Of a claim or
freehold n. An ownership estate assertion in litigation, that it lacks
or possessory interest in land, merit or substance; often a
particularly a fee simple or life pejorative term, implying bad faith
estate. or negligence by the pleading
party.
fresh pursuit n. Law
enforcement: the pursuit of a
298

frolic n. In tort law: of an full age n. The age of majority,

employee, that he or she, during when an individual can marry,
business hours, deviated from the sign contracts, and so on. full
scope of employment to the court See court.
extent that the employer will not full faith and credit n. The
be held responsible for harm requirement under the United
resulting from the employee’s States
actions. The term typically refers
Constitution, Article IV, that a
to circumstances in which the
state respect the laws and court
employee pursued a personal
decisions of other states.
fruit of the poisonous tree
full warranty n. Contract law: as
opposed to a limited warranty, a
interest during the hours of
warranty that completely covers
employment.
the repair or replacement of any
fruit of the poisonous tree n. defect in a consumer product.
Constitutional law: otherwise
fundamental fairness n. A
competent evidence obtained
synonym for due process; the
from an illegal search, which will
conditions under which due
not be admitted at trial because of
process is obtained.
the illegality of the manner in
which it was obtained. fundamental right n. A basic or
foundational right, derived from
frustration n. Contract law: an
natural law; a right deemed by the
inability to carry out a contract or
Supreme Court to receive the
perform a term of the contract due
highest level of Constitutional
to supervening circumstances
protection against government
beyond the parties’ control, such
interference.
as an event of force majeure.
299

fungible adj. Of goods or

products, that they are all of a
kind, not unique, and replaceable
by other goods of the same kind;
for example, crops are fungible
while a painting by Rembrandt is
not.

further assurance n. A clause in

a deed in which the transferor of
real property promises to execute
any other documents that may be
needed to complete the transfer
or protect the interest granted to
the transferee.

future interest n. With real

property, an ownership or
possessory interest that does not
presently exist, but will come into
being upon the occurrence of an
event or condition.
300

order to recover a debt;

G
commonly against debtor’s
earnings from an employer.

garnishee n. An individual or
entity in possession of a debtor’s
property or monies that a creditor
seeks to garnish.

garnishment n. In litigation, a
GAAP See generally accepted
judicial process in which a
accounting principles.
creditor seeks the seizure of a
GAAS See generally accepted debtor’s property, held in
auditing standards. possession by a third party.

gag order n. In litigation, a garnishor n. A creditor who

court’s order to the parties and brings an action of garnishment.
witnesses not to speak to the
GATTSee General Agreement
press or public about the case.
on
gain n. The profit on a sale (the Tariffs and Trade.
selling price minus costs).
General Agreement on Tariffs
capital gain. In tax law, the and Trade n. An international
taxable profit realized from agreement governing imports
the sale or exchange of real and exports; predecessor to the
property, stock, or other World Trade Organization.
capital property. generally accepted accounting

garnish v. To seize a debtor’s principles n. Standards adopted

property, held by a third party, in by the accounting profession for

the form and content of financial
301

statements. Abbreviated as equivalent offered in competition

GAAP. against a brand-name product.

generally accepted auditing generic-drug law n. A law

standards n. Standards adopted allowing pharmacists to offer
by the accounting profession customers less expensive generic
governing the audit of drugs when filling prescriptions for
corporations and organizations. a brand-name drug.
Abbreviated as GAAS.
generic name n. A word or
generation-skipping transfer n. phrase that cannot be
A grant of assets to a grandchild trademarked because it is only
or other grantee who is more than descriptive of a product or service.
one generation removed from the
genetic mother n. The mother
grantor.
who provided the egg from which
generation-skipping transfer tax an embryo developed and,
n. A tax assessed upon a therefore, contributed to the
generationskipping transfer. genetic makeup of the ensuing
child.
generation-skipping trust n. A
trust created for the purpose of gentlemen’s agreement n.
carrying out a generation- Colloquial. An unwritten
skipping transfer. agreement, not enforceable by
law but backed by the parties’
generic adj. In trademark law, a
good faith.
term or phrase that is merely
descriptive and cannot be germane adj. Pertaining to the
trademarked; with subject matter at hand.
pharmaceuticals or other
products, a non-trademarked
302

gerrymandering v. Apportioning inter vivos gift. An irrevocable

legislative districts in a way gift made during the owner’s
calculated to give an undue lifetime.
advantage to a political gift
testamentary gift. A gift made
by will.
party, by concentrating its
gift tax n. A tax levied on the
members or separating those of
value of property given as a gift,
another party from one another;
imposed upon the donor of the
implies lines drawn in an
gift.
otherwise illogical way.
give v. To make a gift; to transfer
gift 1 n. Property given as a
property to another without
present. 2 v. The action of making
payment; to grant something to
a present of property.
another.
class gift. A gift made to a
going concern n. A business that
group of persons, the number
is being actively conducted.
of whom is determined at the
time of the gift. good behavior n. In criminal

gift causa mortis. (Latin.) A gift sentencing law, the conduct by a

made by a donor in the prisoner that may justify a

expectation that he or she will reduction in his or her sentence.

die soon after. good cause n. A necessary

gift over. A gift that becomes showing by a litigant to convince a

effective only upon the court to issue an order favorable

expiration of a prior transfer to that litigant.

(such as a life estate). good faith n. A party’s state of

mind in acting or carrying out an
303

action or transaction, evincing attempt to rescue or aid another;

honesty, fairness, full designed to encourage public acts
communication of any hidden of assistance.
issues or information, and an
goods and chattels n.
absence of intent to harm other
Personal property.
individuals or parties to the
transaction. government n. 1 The political
organization by which a state or
good faith exception n. A
nation is ruled. 2 In criminal
doctrine that evidence may be
cases, the prosecution is
introduced at trial, despite the
occasionally referred to as the
invalidity of a warrant for its
government.
seizure, if the police acted in the
good faith belief that the warrant grade n. A level of seriousness of
was valid. a crime, which assists in
determining the sentence to be
goods n. Items of personal
given.
property offered or sold in
commerce. grand adj. An offense that
involves an aggravating factor,
Good Samaritan doctrine n. The
such as the theft of a larger sum
doctrine that an individual
or the use or threat of force, and,
reasonably acting to rescue or aid
therefore, warrants a higher
another shall not be held liable for
sentence; for example, grand
contributory negligence in causing
larceny.
injury to the person aided.
grand larceny v. The taking, with
Good Samaritan law n. A state
intent to keep, of property valued
law protecting from lawsuits
above a certain dollar amount
individuals who reasonably
304

which varies from one jurisdiction granting clause n. The section of

to another. a contract that sets forth the terms
of a grant.
grandfather v. To include a
person or entity in the benefits grantor n. The individual or entity
conferred by a grandfather making a grant.
clause.
grantor trust n. A trust whose
grandfather clause n. A maker retains control over the
legislative provision stating that management of the trust assets
anyone who has previously and the distribution of its income.
enjoyed a particular status may
gravamen n. The substance or
continue to do so, despite a
core argument of a legal
change in the applicable law or
document or position taken.
rules denying that status to
anyone newly applying for it. green card n. An identification
card granted by the United States
grant 1 n. A transaction in which a
Immigration and Naturalization
grantor transfers a subset of his
Service to legal, permanent
or her own rights in property; the
residents.
rights so transferred. 2 v. To
transfer rights in real or personal greenmail n. The act of
property; in litigation, accession by purchasing shares in a publicly
the court to a party’s request traded company that could be
made by motion or pleading. used to support a hostile takeover,
grantee n. The recipient of a and then selling them back to the
grant. company at a profit.

grievance n. In labor law, a

complaint filed with or by a union
305

to challenge an employer’s guardian ad litem n.

treatment of one or more union
members.
ground lease n. A lengthy lease
of real property (often for 99
years).
guarantee 1 n. A commitment by
a third party to make good in the
event of a default by a party to a
contract, by paying the money or
providing the performance due
from the defaulting party. 2 v. To
promise to make good in the
event of a default by a party to a
contract by paying the money or
providing the performance due
from the defaulting party.
guarantor n. One who makes a
guarantee. guaranty
guarantee.
Representative appointed by a
court to protect and represent the
interests of one incapable of
acting on own behalf, such as
child or incompetent person.
guest statute n. A law that bars,
or strictly limits, a nonpaying guest
in a private vehicle from suing the
driver for damages resulting from
an accident; such laws vary from
state to state and are now rare.
guilt phase n. In a criminal trial,
the portion of the trial in which the
defendant’s guilt is adjudicated, as
opposed to the portion in which a
sentence is determined for a
defendant who was found guilty in
the prior phase (the sentencing
See
phase).

guardian n. An individual guilty n. The state of being

designated by law to care for deemed responsible for the

another’s person and property commission of a crime, either as a

because of the former’s result of a plea or the adjudication

incompetence to make his or her of a judge or jury.

own decisions.
306

gun-control law n. A statute

regulating the private ownership of
firearms.
307
H
habeas corpus n. In criminal
procedure, a process
challenge the detention of a
prisoner; frequently used as a
way to attack a conviction in
federal court when state appeals
have been exhausted.
habendum clause n. In real
estate, the language in a deed
setting forth the interest being
granted and any limitations upon
it.
habitability n. In real estate, the
condition of being amenable for
occupancy; the absence
conditions that would interfere
significantly with a tenant’s ability
to occupy the premises.
halfway house n. A transitional
facility to which convicted
criminals are paroled for some
period of time, in advance of full
release into the community.
hand down v. For a judge or
court to release a decision upon a
motion or at the resolution of a
trial or appeal.
to
hand up v. For a grand jury to
process an indictment of an
accused.
hanging judge n. Pejorative. A
judge who has the reputation of
applying overly harsh sentences
in criminal cases.
harassment n. Unjustifiable
conduct, typically persistent and
repetitive, aimed at an individual,
that causes distress or
discomfort.
of hard labor n. Physical work
imposed on prisoners as an
aspect of punishment.
308

hardship n. The difficulty or precedents, and legal impact of

distress resulting to an individual the decision.
or entity from a court decision,
head of household n. The
zoning decision, or passage of a
individual providing the primary
law; taken into account as one
support for a family.
factor in an equity proceeding.
hearing n. 1 In litigation or
harmless error n. A mistake by
administrative procedure, any
the judge that does not interfere
proceeding in which the parties
with a party’s rights or remedies
have the opportunity to present
and that, therefore, does not
evidence or testimony to the court
warrant reversal of the decision.
or fact-finder. 2 In legislation, a
hate crimeSee crime. session at which legislators hear
witnesses on the advisability or
hate speech n. Speech not
efficacy of proposed legislation.
protected by the First
Amendment, because it is hearsay n. An out of court
intended to foster hatred against statement offered for the truth of
individuals or groups based on the matter asserted. Testimony of
race, religion, gender, sexual a witness as to statements made
preference, place of national by another individual who is not
origin, or other improper present in the courtroom to
classification. testify; generally, not admissible
because of unreliability (the
headnote n. A note prepared by
hearsay rule), but there have
an editor and placed in front of
been many significant exceptions
the published version of a court
to the rule, where there are
decision, analyzing or
summarizing the facts,
309
certain indicia of reliability. See
also excited utterance.
heat of passion adj.
characterization of acts done
while actor is in state of extreme
stress or explosive anger. See
also voluntary manslaughter.
heir n. Colloquially used to refer
to anyone who inherits under a
will or otherwise.
collateral heir. A descendant
through an indirect line, such
as the issue of a sibling or
cousin. See also issue.
heirs and assigns. Archaic. A
phrase formerly necessary for
the creation of a fee simple.
lineal heir. An heir who is
above or below the decedent
in the direct line of descent,
such as a parent or child.
hereditary succession
Inheritance pursuant to the
common-law doctrines
succession.
hidden defect n. A defect not
discoverable by a reasonable
inspection by the purchaser.
hidden tax n. A tax on goods that
is passed to the consumer in the
form of higher prices.
hijack v. To take over control of a
vehicle or airplane by use of the
threat of force.
hit-and-run statute n. A state
law requiring a car involved in an
accident not to leave the scene,
pending the arrival of the
authorities.
HLA test n. abbr. A paternity test
utilizing genetic material.
holder n. An individual or entity
that has ownership or legal
possession of a negotiable
instrument, security, or other
document of title.
n. holder in due course n. Under
the Uniform Commercial Code,
of one who has given value in
exchange for the possession of a
310

negotiable instrument and is home rule n. The allocation of

unaware of any defects in title. power to local governments over
matters that might otherwise be
hold harmless v. To indemnify
regulated at the state level.
another against financial liability
arising from a transaction. homestead n. Houses, other
buildings, and land comprising a
holding n. The decision of a
residence.
court or judge; the reasoning
underlying such a decision. homicide n. The killing of a
human being, committed by
holding companySee company.
another.
holding period n. The period for
justifiable homicide. The killing
which an asset must be held to
of a human excused by the
be entitled to the more favorable
law as appropriate or
capital-gains tax rate.
necessary; for example, in
holdover n. The act of staying self-defense.
beyond the end of a lease.
negligent homicide. The killing
holograph n. A handwritten of another by an act of
document. irresponsibility or lack of
attention to duty, rather than
holographic will n. A will set
by intentional act.
forth completely in handwriting;
many states do not recognize horizontal privity
such documents as valid, while
others recognize the validity only vehicular homicide. The killing
if the entire instrument is written of another by operation of a motor
in the handwriting of the vehicle; generally the driver’s acts
deceased. must be more than just negligent;
311

for example, in a motor vehicle permitted on direct examination.

accident arising from the Typically called to establish the
intoxication of the driver, where truth of matters that cannot be
another is killed. horizontal proved through a friendly witness.
privity See privity. hung jury v. For a jury to be
deadlocked and unable to reach
hornbook n. Colloquial. A law
a verdict.
textbook, often one relied upon
as authoritative in the field. husband-wife immunity See
spousal immunity.
hornbook law. adj. A term used
to characterize a proposition of hypothecate v. To grant a
law that is so basic and well- security interest in something as
known that it is accepted without collateral for a debt.
further proof or citation.
hypothetical question n. A
hostile possession n. question, based on assumptions
Possession in derogation of the rather than facts, directed to an
owner or others who have expert witness intended to elicit
conflicting rights in property. an opinion.

hostile witness n. A witness who

is expected to make assertions
that are adverse to those being
set forth by the party calling the
witness. Because of the adverse
nature, the questioning lawyer is
given wide latitude to question
the hostile witness by way of
leading questions, not ordinarily
312

charges, in which such ignorance

I
is not a cognizable defense.

illegally obtained evidence n.

Evidence obtained in violation of
a law or a constitutional
requirement.

illegitimacy n. The status of

being born to parents who are not
ibid. abbr. Latin. When citing a
married to one another.
work, indicates that the citation is
to the same volume and page as illegitimate adj. 1 Of a child, that
the previous citation. he or she was born to parents not
married to one another. 2
ICC abbr. See Interstate
Wrongful or unlawful.
Commerce Commission.
illusory adj. Deceptive or
id. abbr. Latin. Like ibid.,
insubstantial.
indicates that a citation is
identical to the immediate past illusory promise. A promise to
one. do something that is
unenforceable or meaningless
identity n. A sameness between
because the promisor has
two items or designs such that
means of avoiding the
one violates patent rights held by
commitment.
the other.
immediate causeSee cause.
ignorantia juris non excusat
Latin. Ignorance of the law is no immigration n. The act of
excuse; typically refers to criminal entering a country with the
313

intention of remaining there prosecuted for the acts about

permanently. which the witness will testify.

immunity n. 1 An exemption from use immunity. A grant of

a duty or penalty. 2 A permanent immunity to a witness by a
status, as for a diplomat, prosecutor, under which the
exempting one from being sued prosecutor promises not to
or prosecuted for certain actions. use the witness’ testimony
3 A special status, granted by a against him or her, but
prosecutor, exempting a witness reserves the right to prosecute
from being prosecuted for the the witness for the underlying
acts to which he or she testifies. action.

sovereign immunity. The impact rule n. The rule that a

doctrine (subject to certain
exceptions) that a government
may not be sued in its own
courts or in courts of another
nation or level of government;
many limitations on
doctrine apply and vary from
state to state. Sometimes
referred to as governmental
immunity.
plaintiff cannot claim damages for
negligent infliction of
emotional distress unless there
has been some physical impact,
such as an assault. Example: a
this parent of a child injured in an
auto accident cannot recover for
his/her own distress in seeing
child physically injured, unless
parent also sustained own

transactional immunity. A physical injury.

grant of immunity to a witness impair v. Of property or a

by a prosecutor that exempts contractual right, to interfere in
the witness from being
314

such a way as to diminish its implied adj. Of something that is

value. inferred, rather than plainly
expressed.
impeachment
implied authority n. Authority of
impeachment n. 1 An attack on an agent inferred from
the credibility of a witness for surrounding circumstances, such
reasons relating to prior as the principal’s previous
inconsistent testimony or acquiescence to the exercise of
evidence of lying. 2 An similar authority.
administrative procedure, defined
implied consentSee consent.
in the United States Constitution,
under which the president or implied contract n. A contract

another government official is inferred from the actions of the

brought up on charges and tried parties.

by the Congress, and, if implied easement See

convicted, is removed from office. easement. implied noticeSee

impertinent matter n. Irrelevant notice.

material in a pleading. implied power n. A political

power not expressly named in a
impleader n. A procedure under
constitution but that is inferred
which one of the parties brings in
because it is necessary to the
a third party, typically in an
performance of an enumerated
attempt to hold the third party
power. implied warranty See
liable on a claim or counterclaim
warranty.
made against the party who is
bringing in the third party. import 1 n. A product brought in

implication n. An inference. the course of commerce into a

315

country other than the one in improvement n. A modification to

which it originated 2 v. real estate that increases its
The process of bringing in such value.
products. impossibility n. The
impute v. To infer or attribute
condition of being unable to
responsibility or causation.
happen or to be achieved.
imputed incomeSee income.
factual impossibility. Of an act
that cannot physically be in absentia n. Latin. In the
done. absence of.

legal impossibility. In criminal inalienable adj. Of property, that

law, a defense to charges on it cannot be sold or assigned; of
the basis that the acts rights, that they cannot be
committed were not illegal. In abrogated.
civil law, an act which is
in camera n. Latin. In the judge’s
impossible by operation of law
chambers; implying a private,
or rule, such as an attempt by
closed, or informal hearing or
a minor to enter into a binding
conference before the judge.
contract.
incapacity n. 1 A lack of physical
impound v. To take personal
or mental ability or standing. 2
property (such as an automobile)
Inability to take actions that are
into police or judicial custody,
legally effective, such as signing
pending further proceedings.
a contract, due to age, mental
impoundment n. The condition status, or other factors.
of being taken into police or
incendiary n. 1 An arsonist. 2 A
judicial custody, pending further
bomb or combination of
proceedings.
chemicals used to start a fire.
316

inchoate adj. Commenced but realizes taxable income as a

not completed, partially done, result of the use or
generally used in contract law to consumption of his or her own
describe an undertaking which property.
has been agreed upon, but as to
income in respect of a
which all necessary formalities
decedent. Income due to a
(for example, signatures on the
person before death but not
document) have not been
collected until afterward.
completed.
net income. Income after all
income n. Money received for exemptions, exclusions, and
services performed, products deductions.
sold, as interest on investments,
ordinary income. Income from
as royalties on inventions or
routine or everyday activities,
creative works, or generally in
such as the operations of a
exchange for some performance
business or the labor of an
or consideration.
individual.
adjusted gross income. Gross
taxable income. Same as net
income minus deductions
income.
permitted by the Internal
Revenue Code. income statement n. An

gross income. Income prior to accounting document setting forth

any exemptions, exclusions, the income and expense of a

or deductions. business organization over some

period of time.
imputed income. The doctrine
that, under certain
circumstances, a taxpayer
317

income tax n. A tax on the net include or merge something into

income of an individual or something else.
business entity.
incorporation n. 1 The process
incompetency n. 1 Absence of of forming a business corporation.
legal capacity to perform certain 2 The doctrine that the Bill of
acts, such as testifying at a trial. 2 Rights is applied to the states by
Absence of the indecency inclusion in the Fourteenth
Amendment right of due process.
legal capacity to understand the incorporeal adj. Having no
charges against one and to tangible existence.
participate in one’s own trial.
incorrigible child n. A child who
incompetent adj. 1 Of evidence, cannot be managed by his
that it is not admissible. 2 Of a parents or guardians.
witness, that he or she is not
increment n. A measurable or
permitted to testify, on the
metaphorical increase in quantity
grounds that his or her testimony
or quality.
is not relevant or is subject to
some other disqualification. incriminate v. To reveal
someone’s involvement in
incompetent evidence n.
criminal acts.
Evidence that is not admissible.
inculpatory evidence n.
inconsistent adj. Of an assertion,
Evidence establishing the guilt of
that is contradictory or not
the accused.
supported.
indebtedness n. 1 The condition
incorporate v. 1 To form a
of owing money to another. 2 The
business corporation. 2 To
money owed.
318
indecency n. Of speech, the
state of being crude and
offensive, typically in a sexual
manner.
indecent
indecent adj. Of speech, that it is
crude and offensive, typically in a
sexual manner.
indecent exposure n. Publicly
displaying portions of one’s body,
especially the genitals, that are
usually covered by clothing.
indefeasible adj. Of a right, that it
cannot be cancelled or defeated.
indefinite failure of issue n.
Language used in wills to denote
a descendant’s death without
children at any time in the future,
with no time limitation applied. in
delicto Latin. In the wrong.
indemnify v. To promise to make
good another’s financial loss or
liability resulting from a particular
event or contingency.
indemnity n. 1 A duty, typically
arising from contract, in which
one promises to make good
another’s financial loss or liability,
resulting from a particular event
or contingency. 2 The act of
making good another’s financial
loss or liability, resulting from the
occurrence of a particular event
or contingency. 3 The injured
party’s right to claim payment
from the party with the duty.
indenture n. A document such as
a mortgage or deed of trust,
which provides for security for a
financial obligation, and which
sets forth essential terms such as
interest rate and due date or
maturity date.
independent contractor n. See
contractor.
indictable offense n. A level of
crime for which a defendant must
be indicted by a grand jury in
order to be prosecuted (typically a
felony).
319

indictment n. 1 A charge made indorsement n. 1 The act of

by a grand jury against a placing a signature on the back of
defendant. 2 The process of a negotiable instrument in order
making such a charge. to assign it to an indorsee. 2 The
signature itself.
indigency n. 1 A state of poverty.
2 In criminal/constitutional law, accommodation indorsement.
the state of not being able to A signature by a third party
afford an attorney. who is neither the payor or
the payee, but is acting to
indispensable evidence n.
guarantee payment by the
Evidence that is necessary for the
former.
proof of a particular assertion.
blank indorsement. A
indispensable party n. A party
signature that names no
who must be included in the case,
payee, thereby making the
due to the inevitablity of his or her
instrument payable to the
interests being affected by the
bearer.
court’s judgment in same.
restrictive indorsement. An
individual retirement account n.
indorsement placing special
A tax-deferred retirement account
conditions upon the
established by federal law. The
assignment of the instrument.
portion of annual income
contributed to the account is not special indorsement. An

taxed until it is drawn out after indorsement naming the

retirement age. Abbreviated IRA. payee (or, for a transfer of

indorsee n. The person to whom
a negotiable instrument
assigned by indorsement.
goods, the person to whom
they must be delivered).
is
320

indorser n. A person who assigns infirmity n. Debility caused by ill

a negotiable instrument to health or advanced age.
another by indorsement.
informal proceeding n. Any
inducement n. In contract law, adversarial proceeding designed
the material reason for to be conducted rapidly and with
undertaking certain obligations. a minimum set of procedural
In criminal law, motive or that requirements; for example, a trial
which leads to the commission of in small-claims court.
a crime.
in forma pauperis Latin. In
ineffective assistance of litigation, to proceed as an
counsel n. Basis for appeal of indigent. Abbreviated
criminal conviction, on grounds i.f.p.
that lawyer did not properly
information n. A criminal charge,
represent the defendant.
typically for a lesser offense, that
in extremis Latin. Upon the point is filed by a prosecutor without
of dying. infamous crime See resorting to a grand jury.
crime.
injunction
infancy n. 1 The earliest stage of
childhood. 2 More generally used
information and belief n. In
to describe a person prior to the
litigation, language traditionally
age of majority.
used in an affidavit to denote that
inference n. A logical conclusion the deponent has received from
drawn from available facts; the others, and believes, the
process of arriving at such a information that he or she is
conclusion. communicating.
321

information return n. A tax inherit v. To receive a transfer of

return intended to communicate property under intestacy laws, or
information about the taxpayer’s as a bequest, upon the death of a
activities or status to the Internal relative.
Revenue Service, but upon which
inheritance n. 1 Property
no tax is due. informed consent
received via bequest or intestate
See consent.
succession. 2 The act of receiving
informer n. One who, privy to the such property.
commission of a crime,
initiative n. An electoral process
confidentially communicates with
available in some states in which
the police or other governmental
citizens vote on proposed
entity about it.
legislation.
infra adj./adv. Latin. See below;
injunction n. A judge’s order to a
referring to the placement of a
party compelling or prohibiting
particular citation or assertion in a
certain described conduct.
text.
injury
infringement n. Violation of a
copyright, patent, or trademark. in
mandatory injunction. An
futuro adv. Latin. In the future.
injunction compelling a party
ingress n. 1 The action of to perform an action.
entering land or premises. 2
permanent injunction. An
Access to land or premises.
injunction granted after a trial
inherent power n. A power on the merits, which forms
that must be deemed to exist in part of the final judgment in
order for a particular responsibility the case.
to be carried out.
322

preliminary injunction. An section in a libel pleading

injunction granted before trial, explaining the plaintiff’s
to preserve the status quo construction of the defendant’s
pending the court’s final allegedly libelous utterances. in
determination. Also known as pais adv. Archaic. Outside of
an interlocutory injunction. court.

injury n. A violation of rights, or in pari delicto adv. Latin. At

harm inflicted on an individual, for equal fault.
which damages or relief may be
in pari materia adj. Latin. On the
sought in court.
same topic or pertaining to the
in kind adv. Payment made in same subject matter.
goods or services, rather than in
in perpetuity adv. For eternity;
cash.
without limit of time.
in limine adv. A motion presented
in personam adj. Latin.
at the outset of a case to
Pertaining to a person or personal
determine the admissibility of
rights or interests, as opposed to
certain evidence.
in rem.
in loco parentis adj./adv.Latin.
in posse adv. Latin. Latent; not
Acting in place of a parent.
currently in existence.
inmate n. An individual confined
in praesenti adv. Latin.
in a correctional or psychiatric
Currently; at present.
institution.
inquest n. 1 An inquiry into a
innuendo n. Latin. 1 An indirect
suspicious death conducted by a
or suggestive remark, usually a
coroner or medical examiner. 2
disparagement of someone. 2 A
An inquiry into a particular subject
323

matter by a special jury. 3 A insanity n. A mental disorder that

judge’s determination of damages deprives a criminal defendant of
after a defendant’s default. capacity to be tried.

inquest jury n. A jury empanelled insanity defense n. A

to investigate the circumstances defendant’s assertion that a
of a death. mental disorder excuses the
defendant from legal
in re Latin. In regard to. Used in
responsibility for a crime.
the title of cases involving an
interest in property. insolvency n. The status of being
unable to pay one’s debts when
in rem adj. Latin. Pertaining to a
due.
thing or to property. Litigation in
rem (as opposed to in inspection n. A detailed
personam) determines the examination of objects, such as
respective rights to property that goods or discovery materials, to
has been brought before the determine qualities such as
court. fitness, relevance, or consistency
with a prior description.
quasi in rem. A type of case
initiated by the seizure of installment n. A partial payment
property that is within the of a debt scheduled to be made at
court’s jurisdiction, as a step regular intervals. installment
toward obtaining monetary contract See contract.
damages against an individual
installment sale n. A contract for
who is outside the jurisdiction
the sale of goods such as
of the court.
furniture, in which the purchaser
makes periodic payments and the
324

seller retains a security interest in casualty insurance. Insurance

the goods until paid in full. for loss or injury to person or
property.
instrument n. A written legal
document defining the parties’ indemnity insurance.
rights and liabilities to one Insurance which protects
another. against loss, as opposed to
insurance against one’s
negotiable instrument. Under
liability to others.
the Uniform Commercial
Code, a writing that reflects an liability insurance. Insurance
unconditional promise to pay, which protects against one’s
such as a check or note, but liability to others, as with
does not also include security automobile insurance that
for the payment. provides coverage for
accidents in which the
insufficient evidence n.
policyholder is at fault, or
Evidence so inadequate to prove
homeowners’ insurance,
an assertion that it will not even
which provides coverage for
support a presumption. insurable
injury to those who are injured
interest See interest.
while on the homeowner’s
insurance n. An agreement by an property.
insurer to provide compensation
life insurance. Insurance for
or another benefit upon the
loss of life.
occurrence of a specified risk
causing harm to property or the interest
person of an insured.
325

insured n. A person who pays for light of the framer’s intentions,

and receives the prospective rather than with modern
benefit of an insurance policy. values and interpretations.

intangible n. Impalpable; not intentional infliction of

capable of being touched or emotional distress v.
otherwise detected by the senses. Intentionally causing another
person extreme psychological
integration n. 1 The merger of all
suffering through one’s actions.
agreements and understandings
inter alia adv. Latin. Among
between parties pertaining to a
others.
particular subject matter into a
single written agreement. 2 The interest n. 1 Ownership of, or
removal of racial barriers in other right in, property. 2
society, providing equal access to Legitimate concern with the
all public facilities. outcome of a case or controversy,
because of a likelihood that the
intendment n. The legislature’s
outcome will affect one’s property
intention in passing a particular
rights or other rights or privileges.
law.
3 Compensation for making a
intent n. 1 The perpetrator’s loan, placing money on deposit,
frame of mind in committing an or other use of funds, expressed
criminal act. 2 The wishes and as a percentage of the principal,
desires of the framers of the calculated and payable on a
United States Constitution or of regular schedule.
legislation.
compound interest. Interest
original intent. The view that calculated both on the
the United States Constitution principal and on previously
should be strictly construed in accrued interest.
326

interim relief International Court of Justice n.

A tribunal established by the
Insurable interest. A legal United Nations to hear cases
interest in the safety of submitted by the consent of
property or the health and United Nations members.
wellbeing of another person
international law n. The entire
sufficient to permit the
body of rights and responsibilities
purchase of an insurance
existing between nations,
policy.
including treaties and customs.
interim relief n. Preliminary relief,
interpleader n. 1 An action by the
such as an injunction, granted by
neutral custodian of property to
the court to preserve the status
determine its proper owner. 2
quo pending trial.
One who brings such a suit.
interlocutory adj. Of an order,
interrogation n. The detailed
that it is temporary, pending a trial
questioning of a suspect by the
on the merits.
police or other law-enforcement
interlocutory order n. A authorities.
preliminary order granted by a
interrogatory n. A form of
court pending a trial on the merits.
discovery involving the
Internal Revenue Service n. A submission of written questions to
federal government agency the other party.
charged with the collection of
in terrorem adj./adv. Latin. A
income taxes. Abbreviated IRS.
characteristic marked by threat or
international agreement n. A warning.
contract or treaty signed by two or
more sovereign nations.
327

in terrorem clause n. A provision outcome of a case enters into and

in a contract or will that warns a becomes a party in the case.
beneficiary or party not to engage
inter vivos adj. Latin. A
in certain behavior, by providing a
conveyance of property between
prospective penalty for such
living parties and not by bequest.
behavior. inter se Latin. Among
themselves. intestate adj. The condition of
having died without a will.
interstate commerce n.
Business, including the sale of intestate succession n. The
goods, conducted across state process used to distribute the
borders. property of one who died without
a will. in toto adv. Latin. In
Interstate Commerce
entirety.
Commission n. A federal
agency, no longer in existence intoxication n. The condition of

today, that regulated interstate being mentally or physically

carriers. impaired due to the ingestion of

alcohol or drugs.
intervening cause n. An event
that interrupts the chain of intrinsic evidence n. Evidence

causation by providing an appearing within a written

independent cause of the final document.

result, possibly relieving the intrinsic fraud n. Fraud in a

original actors of liability. party’s conduct of a prior

intervention n. A procedure litigation.

under which a nonparty who has inure v. 1 To be given or to be

a significant interest in the attributable to. 2 To become used
328

to. invalid adj. Legally er.

ipse Latin. Asserted
ineffective; unfounded.
dixit but
invasion of privacy n. 1 An unprove
unjustifiable intrusion into one’s n.
personal affairs and information. ipso Latin. As a matter
facto of fact.
invest v. 1 To grant authority. 2 IRA individual
To place money in an income- retirement
See
producing opportunity.
account
investment tax credit n. A .
provision of law, now largely IRC abbr. Internal Revenue Code.
repealed, that permitted a portion Contains the current federal tax
of the purchase price of capital laws and is located in Title 26,
goods to be utilized as a credit United States Code.
against income taxes.
itemized deduction
invitee n. One who enters
upon premises with the irrelevant adj. With evidence or
permission of the owner. testimony, not pertinent to the
claims or defenses in the case.
involuntary adj. Performed
against one’s will. irreparable injury n. An injury not
capable of being redressed by
involuntary bailment See
money damages, and that
bailment. involuntary
therefore supports a request for
confession See confession.
injunctive relief.
involuntary manslaughter See
man- irresistible impulse test n. A
slaught form of insanity defense in which
329

the defendant must establish that

he or she was incapable of
resisting the urge to commit the
crime.

IRS See Internal Revenue

Service.

issue n. 1 A question of law or

fact disputed by the parties. 2 In
estate law, the descendants of a
common ancestor; offspring.

collateral issue. Incidental to

the central issue in a matter.

material issue. An issue which

directly bears on the outcome
of a matter; significant to the
determination of a fact in
dispute.

itemized deduction n. A
deduction listed separately as a
line item on an income tax return.
330

compulsory joinder. The

J
required joinder of a party
without whom a dispute
cannot be fully resolved.

misjoinder. The joining of a

party who is not properly a
part of the case.

nonjoinder. The failure to join

J. n. abbr. Judge or justice.
a party who should be part of
jail n. A confinement facility the case.
whose inmates are individuals
permissive joinder. The
awaiting trial or convicted of
optional joinder of parties or
lesser offenses.
claims because of an overlap
J.D. n. abbr. Juris Doctor (a in the issues or interests
law degree). involved.

Jencks material n. Written or joint adj. An ownership interest or

recorded statements by a expectation shared by two or
prosecution witnesses that must more individuals, as in a bank
be disclosed to the defense. account or an estate.

jeopardy n. A defendant’s risk joint account n. A bank account

of punishment. in the name of two or more
individuals, each of whom has an
JJ.n. abbr. Judges or justices.
undivided right to the entire
joinder n. The combination of balance.
separate parties or claims into a
joint and several liability n.
single lawsuit.
331

Responsibility for a loss that is joint-stock company See

borne both individually and company. joint tenancy See
collectively by a group of tenancy.
defendants. joint custody See joint tortfeasors n. Two or more
custody. individuals or entities who
contributed jointly to the harm
joint enterprise n. 1 In criminal
suffered by the plaintiff and who
law, a conspiracy or cooperation
may be held individually or
of two or more individuals to
collectively responsible.
commit a crime. 2 In tort law, a
business enterprise conducted by jointure n. Archaic. A life estate
several individuals, who each that reverts to a wife after her
share in the liability arising from husband’s death.
their activities. joint liability See
joint venture n. An
liability.
unincorporated business venture
joint ownership n. Undivided with two or more participants who
ownership of the whole of an share the financial risk and gain.
asset by two or more individuals.
journalists’ privilege n. A law or
Upon the death of any one, his or
doctrine, arising out of the First
her rights pass to the surviving
Amendment, that shields
owners rather than to the heirs of
reporters from being compelled to
the decedent.
name confidential sources in
joint return n. A tax return filed court proceedings.
by a husband and wife, each of
joyriding n. The temporary
whom is individually liable for the
appropriation of another’s vehicle
entire tax due.
for use, typically without the
332

intention of selling or destroying result of the sale, so as to fully

it. compensate the creditor.

J.P.See justice of the peace. final judgment. A judgment

which fully ends a case, on its
judge n. An appointed or elected
merits (as opposed to on
official responsible for conducting
procedural grounds). A final
a court in which he or she
judgment is generally
resolves legal controversies.
necessary before a party can
judge-made law n. Legal file an appeal.
doctrine established by court
foreign judgment. A judgment
decisions rather than by statute.
of a different state or country
judgment n. A court’s final than the one in which the
resolution of the issues before it judgment is being challenged
at trial or upon a dispositive or as to which enforcement is
motion. sought.

default judgment. A judgment judgment creditor. A creditor

entered due to the failure of who has obtained, through
the defendant to answer or judicial process, a judgment
otherwise respond to the against a debtor; commonly
claim. used in bankruptcy

deficiency judgment. A proceedings to distinguish

judgment in favor of a creditor such a creditor from others to

following a forced sale of whom the debtor judgment

property, for the difference

between the amount owed owes money but do not have

and the amount collected as a judgments. Judgment creditors

may be entitled to preferential
333

distribution of a debtor’s money against all real property (and

if there are insufficient assets to some personal property) of the
pay all creditors. individual or entity that owes
payment of the judgment.
judgment debtor. A debtor who
owes money to a creditor who judgment non obstante veridicto.
has obtained a judgment against Latin. Judgment notwithstanding
the debtor in that amount. See the verdict. In rare cases, a
judgment creditor. judge may enter a judgment in
favor of one party despite a
judgment docket. A roll or listing
jury’s award against that party;
of judgments maintained by a
generally in cases where the
clerk or administrative office of a
evidence was such that no
court.
reasonable jury could have
judgment in rem. A judgment
come to the determination that it
that disposes of property, or
did. Abbreviated j.n.o.v.
resolves competing interests in a
judgment of conviction. The final
piece of property, as opposed to
decision in a criminal case,
a judgment that is against a
which includes the plea taken by
person ordering payment of
the defendant, the verdict, any
money.
court findings, and the ultimate
judgment lien. A lien against
sentence.
property that results from a
judgment of dismissal. A
judicial proceeding in which a
judgment invalidating or
monetary award has been made
otherwise disposing of the
and has been reduced to
plaintiff’s or the prosecutor’s
judgment; until payment of the
claims prior to a trial.
judgment, a lien will be placed
334

judgment proof 164

judgment on the merits. A judicial activism n. A usually
judgment issued after the parties pejorative phrase implying that a
have had a full chance to present judge is applying his or her own
evidence and witnesses at trial. political views, rather than basing
decisions on law or prior
judgment on the pleadings. A
precedent.
judgment that is issued on the
pleadings alone, either on the judicial admission n. An
basis that the plaintiff’s pleadings admission made by a party in
are inadequate or that the court as to an opposing party’s
defendant has failed to plead any assertion, or a failure to formally
fact that negates the plaintiff’s dispute an assertion, resulting in
claims or raises an affirmative that assertion being treated as an
defense. incontrovertible fact in the
remaining court proceedings.
personal judgment. A
judgment imposing personal judicial discretion n. Of matters
liability on a defendant. left within the personal choice of
a judge, not to be reviewed or
judgment proof adj. Of a
overruled by a higher court.
defendant, that he or she has no
assets against which a judgment judicial economy n. Efficiency in
may be executed. the management of a particular
litigation or of the courts in
judicature n. 1 The
general; refers to measures taken
administration of justice via a
to avoid unnecessary effort or
court system. 2 The judges
expense on the part of the court
serving in such a court system. 3
or the court system.
The office and duties of a judge.
335

judicial immunity n. The jural adj. Pertaining to law or

immunity of a judge from civil legal matters.
action for official activities.
jurat n. Latin. A certification at the
judicial notice n. Regarding bottom of an affidavit or
evidence, the court’s acceptance deposition by a notary public that
of the truth of certain universally states the paper was signed, and
admitted facts without the thereby sworn to, in his or her
necessity of proof. presence by the individual who
signed it.
judicial restraint n. The doctrine
that cases should be decided on jurisdiction n. 1 The power
the narrowest possible grounds, wielded by a government over its
without resolving unnecessary subjects, their property, and the
issues, especially political or land and natural resources within
social controversies. its boundaries. 2 A court’s
authority over persons or property
judicial review n. A court’s
brought before or appearing
power of review of the decisions
before it. 3 The geographical area
of lower courts or of the actions of
within which a government’s or a
other branches of government.
court’s power may be applied.
judiciary n. 1 The court system.
ancillary jurisdiction. The
2 The branch of government in
authority of a court to decide
which judges serve. 3
secondary or subsidiary
Collectively, the judges in a
claims raised by a case
particular court system or in all
properly before it.
court systems. jump bail v. See
bail jumping.
336

appellate jurisdiction. An appeals within the court’s geographical

court’s power of review of the area.
decisions of lower courts.
jurisdictional amount. The
concurrent jurisdiction. The minimum or maximum amount to
overlapping jurisdiction of two or invoke a particular court’s
more courts over the same cause jurisdiction over the matter; in
of action. some lower courts, e.g., small
claims court, there may be a
exclusive jurisdiction. The sole
limitation above which relief must
court or forum in which an action
be sought in a higher court; in
may be heard or tried, as no
federal court, a minimum amount
other courts or tribunals have
in controversy is required in
authority over the person or the
certain cases, e.g., diversity
subject matter.
cases.
federal question jurisdiction. The
limited jurisdiction. Jurisdiction
authority of the federal district
over only certain types of cases,
courts to try cases that raise an
or claims under certain financial
issue of federal or constitutional
limits or subject to other
law.
restrictions.
in personam jurisdiction. The
original jurisdiction. A court’s
court’s authority over an
status as the first court that has
individual who resides or is found
authority to hear a particular
within the court’s geographical
claim.
area.
pendent jurisdiction. A
in rem jurisdiction. The court’s
court’s authority over claims that
authority to adjudicate rights in
would not ordinarily be brought
real or personal property located
337
before it, but that are secondary
or subsidiary to claims properly
before it.
jury trial
subject matter jurisdiction. A
court’s authority over
particular types of cases or of
relief.
Juris Doctor n. The law degree
conferred by most American law
schools. Abbreviated J.D.
jurisprudence n. 1 The study of
the fundamental structure of a
particular legal system or of legal
systems in general. 2 A body of
case law serving as precedent.
jurist n. 1. A judge. 2 A
legal scholar.
juror n. An individual selected
and sworn in to serve on a jury,
deciding factual issues in a civil
or criminal case.
jury n. A group of individuals
selected and sworn in to serve as
the finders of fact in a civil or
criminal trial, or in the case of a
grand jury, to decide whether the
facts warrant an indictment of
the defendant.
blue-ribbon jury. A jury for
which only highly educated
individuals have been
selected, because they will be
dealing with technical subject
matter.
grand jury. A jury selected and
sworn in by a prosecutor to
determine whether to issue
indictments.
petit jury. A jury selected to
decide the facts in a trial
(effectively, any jury other
than a grand jury).
jury instruction n. An instruction
given by the court to a jury at the
conclusion of presentation of all
evidence in a trial, and after the
lawyers’ closing arguments, to
advise the jury of the law that
applies to the facts of the case,
338

and the manner in which they justification n. A showing of an

should conduct their appropriate reason for one’s
deliberations. actions. juvenile court See
court.
jury trial n. A trial in which a jury
will serve as the finder of fact. juvenile delinquent n. A minor
who
just compensation 166
has
committed criminal acts.
just compensation See
compensation.

jus tertii n. Latin. The rights of

third parties affected by a
controversy or claim.

justice n. The balanced and

equitable administration of law.

justice of the peace n. A local

official, not necessarily an
attorney or judge, with jurisdiction
over limited matters such as
performing weddings or resolving
minor civil or criminal complaints.

justiciability n. Of a claim or
controversy, the condition of
being suitable for adjudication by
a particular court. justifiable
homicide See homicide.
339

to the person awarding the

K
contract or benefit.

kidnapping n. The felony of

abducting an individual by force.

kin n. A relation, typically by

blood; sometimes used to refer to
relations by marriage or adoption.

kangaroo court n. Pejorative. Of knowing adj. Conscious,

an unfair court, in which justice deliberate, with cognizance of
cannot be obtained. pertinent information.

Keogh plan n. A tax-deferred knowledge n. An awareness of

retirement plan available only to factual information. Includes
the selfemployed and their actual knowledge (positive or
employees. definite), personal knowledge
(based on one’s own
key-number system n. A
observation), and constructive
scheme of numerical
knowledge (based on other
classification of cases utilized by
circumstances).
West Publishing Company in its
legal treatises and case Labor

L
reporters. Managemen
t Relations
kickback n. A form of bribery in
Act n. A
which a percentage of the
1947 federal
revenues from a contract or other
law designed
financial award is illicitly returned
to protect
employers,
340

employees, Colloquial; or attached federal law

and the often to the regulating
public. It pejorative. surface. labor unions,
governs An elected for the
landlord
union official whose purpose of
n. The
activities and successor reducing
lessor of real
provides an has already corruption in
property.
arbitration been elected, unions.
mechanism and who is landmark
Lanham Act
for strikes serving out decision n.
n. 1947
that cause the A decision
federal law
national remainder of that is
that defines
emergencies. a term. notable and
and
Abbreviated often cited
land n. 1 regulates
LMRA. because it
Real trademarks.
significantly
laches n. property. 2
changes, land use
Equitable An area of
consolidates, planning n.
doctrine that ground with
updates, or Collectively:
precludes or defined
effectively zoning, real
limits relief to boundaries,
summarizes estate
one who including
the law on a permitting,
delays in minerals or
particular planning and
acting or resources
topic. use, and
bringing a below the
those
claim. surface and Landrum-
aspects of
anything Griffin Act
lame duck environment
growing on n. A 1959
adj. al law as
341

apply to such possession will and property law)

real estate and use. testament has the right
matters. See will. to have his
last clear
land
lapse n. The chance latent
supported at
termination doctrine n. ambiguity n.
the sides by
or expiration The doctrine An ambiguity
his
of a right that a plaintiff that is not
neighbor’s
because it who apparent
land; the
has not been committed from the
principle that
exercised or contributory wording of a
an adjoining
because of acts of document
landowner
the negligence but is caused
cannot alter
occurrence may by external
the perimeter
or nonetheless circumstance
of his
nonoccurren recover s.
property in
ce of some damages
latent defect such a
contingency. against a
n. A hidden manner that
defendant
larceny n. flaw that his
who had the
The wrongful cannot be neighbor’s
last
appropriation readily land is
opportunity in
of personal ascertained adversely
time to avoid
property with from mere affected or
the damage.
the intention observation. weakened.
Very limited
of
applicability lateral law n. 1 The
permanently
in most support n. A complete
depriving the
states. last person (in body of
owner of its
342

statutes, rules are doctrine that leading case

rules, administered. the decision n. Synonym
enforced 4 The in an earlier for a
customs and profession of appeal is landmark
norms, and interpreting binding on decision.
court such statutes the appeals
leading
decisions and rules. 5 court
question n.
governing A bill that considering a
A question
the relations becomes later one in
posed to a
of individuals effective after the same
witness that
and enactment by case.
is phrased so
corporate the
law of the as to suggest
entities to legislature
land n. or elicit a
one another and
Colloquial. particular
and to the signature (or
The laws answer
state. 2 The failure to
effective in a desired by
subset of veto) by the
particular the attorney
such statutes executive.
nation. conducting
and other
lawful adj. the
rules and lawsuit n. A
Permissible; examination.
materials litigation or
not
dealing with action learned
contravening
a particular brought in a treatise n.
a law.
subject court. See Book or

matter. 3 The law of the also suit. lay treatise

system by case n. In witness See regarded as

which such appellate witness. authoritative,

statutes and litigation, the generally of

343

long- gross May taxes,

accepted lease. require etc.
value within Lease in one
parol
a profession which a month’s
lease.
or field of tenant legacy
Oral
study. pays a
agreemen
flat sum notice in
lease n. An t for
inclusive order to
agreement in tenancy;
of all terminate,
which the see
utilities dependin
right of parol.
and other g on local
occupancy or
expenses percentag
or state
use of real
. e lease.
law.
property, or
Business
the right to month-to- net lease.
lease
use personal month Lease in
agreemen
property, is lease. which
t whereby
conveyed to Rental of tenant
the
another for a property pays a
amount to
set period of without a rental
be paid is
time in return long term amount
based on
for contractu for
a
consideration al property,
specified
, typically in obligation plus
percentag
the form of ; in additional
e of
periodic actuality, obligation
tenant’s
payments. not a s for
gross or
lease. utilities,
net
344

profits; possessed property or of a

usually a pursuant to a money. particular
minimum lease. source if
alternate
rental there are
leave no legacy. A
amount is sufficient
issue adj. To legacy in
stated. funds.
die without which the
sublease. children or recipient general
An descendant is given a legacy. A
agreemen heirs (spouse choice legacy
t under is not among from the
which the considered various assets or
lessee of issue). items. proceeds
real of an
leave of contingen
property estate,
court n. The t legacy.
conveys paid in
court’s A legacy
his rights, cash or in
permission to that
or some fungible
perform, or to depends
subset of personal
forego, an on an
them, to a property,
act for which event that
third such as
the court’s has not
party. stock.
consent is yet

leasehold n. required. occurred.

Generally, a demonstr
legacy n. A
tenant’s ative
grant by will
interest in the legacy. A
of personal
real property legacy
used or paid from
345

legal aid from the terms of a contract. See

also duty.
residuary legacy. A bequest of
legal entity n. Anything other
all property not specifically
than a person that, by virtue of
mentioned in will.
certain characteristics, is
specific legacy. A legacy that conferred with a status that it has
consists of a piece of property certain rights or obligations, can
that is clearly distinguishable sue or be sued.
and separable from the
legal fiction n. The assumption
remainder of the property that
by the law that a particular
forms the estate of the
assertion is true (even though it
testator.
may not be) in order to support
legal aid n. The free or the functioning of a legal rule.
inexpensive services of an legal heir See heir.
attorney, provided to individuals,
legal impossibility See
typically criminal defendants, who
impossibility.
are not otherwise able to afford
an attorney. legal assistant n. A legal injury n. A harm caused by

paralegal. the infringement of a legal right.

legal capacity to sue adj. Right legal secretary n. A secretary

or ability to bring suit, determined employed by a lawyer or a law

by age and mental status in firm, whose expertise includes

general. See also capacity. the typing and filing of contracts,

pleadings, or other legal
legal duty n. A duty created by
documents. legal separation
the operation of law or arising
See separation. legal tender n.
346
A nation’s official monetary bills
and coinage. legal title See title.
legatee n. One who receives
property via a will.
legislation n. 1 A bill being
considered by a legislature that
will become law if enacted. 2 The
entire body of such bills under
consideration or already enacted
as law by a legislature. 3 The
process of enacting bills into law.
legislative history n. The
legislature’s intentions in enacting
a bill into law, as embodied in an
explanatory document attached
to the bill or in the record of
debates pertaining to the bill’s
enactment.
legislative intent n. The
legislature’s intentions in enacting
a bill into law, frequently derived
from the legislative history.
lend v. To provide something
temporarily to another, often in
exchange for compensation.
lessee n. The tenant of real
property, or holder of personal
property, under a lease.
lesser included offense n. A
more minor category of criminal
act (or one with a lesser penalty),
all of the elements of which are
included in the more serious
crime being charged.
lessor n. The owner of real or
personal property, an interest in
which is granted by lease.
let v. 1 To consent to or allow. 2
To rent or lease (something).
letter of credit n. A financial
instrument, typically issued by a
bank, in which the issuing
institution commits to pay a draft
presented by a third party in a
specified format or meeting
certain criteria. letter of intent n.
A non-binding summary of the
proposed terms of a contract
contemplated by the parties.
letter ruling n. An advisory
statement issued by the Internal
347

Revenue Service to a taxpayer transactions with a high rate of

asking about the tax return that will allow repayment of
consequences of a proposed the loan. 2 The ratio between a
transaction. company’s debt and equity.

letters of administration n. A levy n. 1 A tax or penalty. 2 The

document issued by a probate state’s acting of seizing and
court appointing an administrator selling property to satisfy a tax or
for an estate. other liability.

letters of guardianship n. An lewdness n. Indecent behavior

entrustment of care of an offensive to observers.
incompetent or child unto
lex fori n. Law of the jurisdiction
another, generally a lawyer or
where an action is pending.
officer of the court.
Lexis n. A computerized legal
letters rogatory n. Court order or
research service.
subpoena issued in one
jurisdiction, seeking to compel lex loci contractus n. Latin. The
citizen of another jurisdiction to law of the place where a contract
testify in the first jurisdiction; was signed or is to be performed.
requires court approval in second liberal construction
jurisdiction.

letters testamentary n. A lex loci delicti n. Latin. The law

document issued by a probate of the place where a wrong was
court approving the executor of a committed.
will.
liability n. 1 A legally
leverage n. 1 Generally, the use enforceable obligation. 2 More
of borrowed money to engage in generally, a debt or other legal
348

obligation to pay an assessed primary liability fails to make

amount (for example, taxes). payment.

joint and several liability. strict liability. In tort law, a

Liability that is jointly payable financial responsibility to
by multiple parties, but that compensate a harm in the
may (or must, depending on absence of any negligence;
jurisdiction) be paid in full by an absolute responsibility to
one or more of them if the ensure the safe functioning of
others are not to be found or a dangerous instrumentality.
are incapable of paying their
vicarious liability. The liability
share.
of an employer or supervisor
joint liability. Liability that is for the acts of an employee,
jointly payable by multiple based on the employer-
parties, of which none may employee or supervisory
be required to pay more than relationship. See respondeat
his or her share. superior.

primary liability. Liability for libel n. 1 A false and defamatory

which one is directly statement expressed in writing
responsible, without the or in an electronic medium. 2
claimant being obligated to The first document or pleading
resort to any other source for filed in an admiralty action,
payment. which is now called a

secondary liability. Liability complaint.

that one is not obligated to liberal construction n. A loose

pay unless the party with or expansive interpretation of a
349

statute or writing, as opposed to receives the right to not be

a strict or literal construction. treated as a trespasser. Same
as social guest, or a hotel
liberty
guest.

liberty n. 1 Freedom from exclusive license. A right to

government or private carry on an activity to the
interference or constraints. 2 The exclusion of all others.
ability to exercise the rights
licensee n. The recipient or
enumerated by a constitution or
grantee of a license; one who
available or under natural law.
uses property subject to a
license n. 1 The grant by the license, as opposed to one who
owner of intangible or intellectual has been actually or
property, such as a trademark or constructively invited onto the
software program, of the rights to property, for the benefit of the
make certain uses of the owner of the property (invitee).
property. 2 A permission granted licensor n. One who grants a
by government to perform an act license.
or service regulated by law (for
lie v. Available, to exist. Example:
example, a license to fish or to
No cause of action will lie for
practice law). 3 A right to enter
trespass if the landowner gave
onto land or property and use it,
his permission to enter onto the
without any ownership rights
land.
being conferred.
lien n. A security interest, held by
bare license. A license under
a creditor in a debtor’s property,
which no property is
to secure a loan.
exchanged, and the licensee
350

attorney’s lien. See attorney’s limine out v. To exclude

lien.
mechanic’s lien. A lien against
real property to secure
payment of amounts owing to
contractors, service people,
etc., who performed work on
the property.
lien theory n. The concept that a
mortgage is a form of lien on the
property that does not grant the
mortgagee any ownership rights
until a foreclosure occurs.
life estate n. An estate held for
the duration of life of a person
(usually, the occupant).
evidence from trial by the grant of
a motion in limine.
limitation n. 1 A restriction. 2 The
act of placing a limit or restriction.
3 A condition or restriction placed
upon real estate.
limitation of actions. Period of
time during which an action
must be filed. See statute of
limitations.
statute of limitations. See
statute of limitations. limited
jurisdiction See jurisdiction.
limited liability n. Liability upon
which limits are set by contract or

life interest n. A property interest by statute.

granted for the duration of a limited partnership See

person’s life. See life estate. partnership.

life tenant n. The occupant of lineage n. The overview or

property under a life estate. totality of the marriage and blood
relationships within a family,
like-kind exchange n. An
including the ancestors and
exchange of property for other
descendants of a particular
property of the same nature.
individual.
351

lineal adj. Regarding trusts and liquidated damages See

estates, of a direct, as opposed to damages.
a collateral, descendant.
lis pendens n. 1 A court’s
lineal heirSee heir. authority over property resulting
from a pending lawsuit. 2 A notice
lineup n. A procedure in which
filed in a government office with
the police show a witness a
the title documents pertaining to
suspect and several other
real property, giving notice to the
individuals to see whether the
public that the property is the
witness can distinguish the
subject of a litigation.
suspect from other individuals not
involved in the crime. listing n. 1 In securities, the
action of having a corporation’s
liquidate v. 1 In bankruptcy or
securities registered and traded
insolvency, to terminate a
on a particular exchange. 2 In
business by the sale of its assets
real estate, the action of
to pay its liabilities.
registering a house, building, or
2 To pay a debt. 3 To convert
land with a broker for sale.
hard assets into cash. 4 To set,
litigant n. A party to a legal
by contract or stipulation, a fixed
action.
amount for damages resulting
from a particular harm. litigation n. A legal action; the
process of bringing and carrying
liquidated amount n. To set by
on a legal action.
agreement a specific amount or a
formula for calculating such an living will n. A document signed
amount, in compensation for the by an individual directing manner
losses resulting from a breach. in which he wishes to be
medically treated if in a
352

vegetative or terminal state, the threat or use of violence to

designed to give guidance to ensure repayment.
loved ones and health care
lockdown n. The confinement of
providers as to the desires of an
prisoners to their cells for the
long arm statute
duration of a security alert caused
by events or conditions at the
individual if he is no longer able to
prison.
properly communicate such
desires. L.J. n. abbr. Law journal. lockout n. An employer’s refusal
to allow employees to work, in
L.L.B. n. abbr. The law degree
retaliation for union activity or a
formerly granted by American law
labor dispute.
schools, most of which now
confer the J.D. degree. locus n. Latin. The place or
location of a thing or event.
L.L.M. n. abbr. Master of Laws
degree. locus delicti n. Latin. The place
where a crime was committed.
LMRA See Labor Management
Relations Act. locus in quo n. Latin. The place
where an event allegedly
loan n. The giving or granting of
occurred.
something, particularly a sum of
money, to another, with the loitering n. The crime of being in
expectation that it will be repaid a public place without a valid
(typically with interest) or reason.
returned.
long arm adj. Of or pertaining
loan-sharking n. Colloquial. The to long arm jurisdiction or
illegal business of lending money statutes.
at usurious rates, typically with
353

long arm statute n. A law accounting, an approach under

providing for civil jurisdiction over
a nonresident defendant based
on his or her contacts with the
jurisdiction.
loss
loss n. 1 The death of an insured
person or damage to insured
property. 2 The amount that the
value of personal or real property
exceeds the proceeds from its
sale. 3 Generally, the complete or
partial diminishment of the value
of an asset or of a human life.
which the value of goods held for
sale is set at the lower of
acquisition cost or market price.
lump-sum payment n. A
payment made once in a single
amount, as opposed to smaller
payments over time.
lying in wait v. The act of waiting
in concealment with the intention
of killing or committing serious
physical harm upon a prospective
victim.

loss-of-bargain rule n. The

concept that damages for breach
of contract should put the plaintiff
in the position he or she would
have enjoyed if the contract had
been fully performed.

lost property n. Property no

longer in the owner’s possession,
due to accident or negligence,
which cannot be located. lower
of cost or market method n. In
354

that a pleading is served as of the

M
date it is mailed.

maintenance n. 1 Financial
support paid by one ex-spouse to
another pursuant to a legal
separation or divorce. 2 The effort
and expense of the upkeep of
property. 3 To assist a party to a
MACRS See Modified lawsuit with which one has no
Accelerated Cost Recovery connection by providing financial
System. or other support to enable the
party to pursue the matter.
magistrate n. A judicial officer of
limited jurisdiction or majority n. 1 The status of
responsibility; colloquially used as having attained the age of
a synonym for judge. adulthood as set by law. 2 More
than fifty percent of a total
Magnuson-Moss Warranty Act
(usually referring to people in a
n. A federal law that requires
group voting in an election or on
warranties of consumer products
a matter placed before them).
to set forth their terms, including
limitations, in plain English. majority opinion n. The holding
of a court consisting of multiple
mailbox rule n. 1 The rule that
members, typically an appellate
the acceptance of a contract is
court, issued together by the
effective upon being mailed,
majority of the members, and
unless the contract provides
establishing the formal legal
otherwise. 2 In litigation, the rule
355

result of the case, as opposed to malicious arrest n. An arrest

a dissenting opinion. made for a dishonest purpose
and lacking probable cause.
maker n. A person who issues a
promissory note. malicious mischief n. The
intentional destruction or
malfeasance n. An unlawful act,
damaging of another’s property.
particularly one committed by a
public official. malicious prosecution n. 1 The
pursuit of a criminal proceeding
malice n. The state of mind of
for a dishonest purpose and
one intentionally performing a
without probable cause. 2 The
wrongful act.
pursuit of a civil proceeding for a
constructive malice. Malice dishonest motive.
which can be imputed to the
malpractice n. The negligent
actor because of the nature of
actions of a professional, such as
the acts committed and the
a doctor or lawyer, as evinced by
result thereby.
a failure to perform services
malice aforethought n. The consistent with the standards of
requisite state of mind for murder such profession.
to be charged under the common
malum in se n. Latin. An act,
law, involving an intent to kill or to
such as murder, that is inherently
cause serious physical harm,
evil or immoral.
depraved indifference to human
life, or an intent to commit malum prohibitum n. Latin. An
another serious felony that results act that is wrong solely because
in a death. prohibited by law, as opposed to
malum in se. mandamus
356

mandamus n. A writ issued by a manslaughter n. The act of

court to compel a public official killing another person without
(including the judge of a lesser malice aforethought.
court) to perform a task or duty.
involuntary manslaughter. The
mandate n. 1 The voters’ show of accidental killing of another
support, typically greater than a during the commission of a
simple majority, for a particular crime or as a result of criminal
political candidate or party. 2 A negligence.
court’s order directing a lower
voluntary manslaughter.
court or judicial officer to perform
Killing in the heat of passion.
a particular action.
margin n. 1 The difference
mandatory injunction n. See
between the amount of a loan
injunction.
and the market value of the
mandatory sentence n. See collateral securing it. 2 Cash or
sentence. other collateral given or paid to a
stockbroker to secure him or her
manifest weight of the
against losses incurred extending
evidence n. A doctrine under
credit to an investor. 3 The
which a verdict will be overturned
investor’s equity in stocks
only if it is substantially
purchased by a broker extending
unsupported by the evidence in
credit to the investor.
the case.
marital agreement n. An
Mann Act n. A federal criminal
agreement between spouses
law penalizing the transporting of
resolving issues pertaining to
anyone in interstate commerce
their joint and individual property
for purposes of prostitution.
357
during the marriage and/or after
divorce.
marital communications
privilege n. A right not to give
testimony concerning discussions
with one’s spouse that may be
asserted at the option of the
witness spouse. See spousal
privilege.
marital deduction n. An estate
or gift tax deduction for the value
of property that was assigned or
has passed to the taxpayer’s
spouse.
marital property n. All property
acquired during marriage,
regardless of how titled, that will
be divided between the spouses
in the event of a divorce.
market price n. Actual price, that
which is available in ordinary
course of free trade.
market value See fair market
value.
marketable title n. A real estate
title that lacks any defect
discoverable by a reasonable
purchaser.
marriage n. The legal relation of
a man and woman as husband
and wife.
common-law marriage. Marital
relationship arising not from
formal ceremony but from
intention to hold out as a
married couple, combined
with living together for a
requisite period of years that
may be specified by statute;
abolished in many states.
marshal n. 1 A federal court
employee with police-like powers
who provides security, guards
prisoners, and seizes property in
execution of judgments, among
other functions. 2 A state or local
official with responsibilities like
those of a sheriff. 3 Arranging in
order of priority or in a logical
pattern.
358

martial law n. Civil law exerted master and servant n. The

over citizens by military, generally relationship between an employer
in times of war or emergency. or other person having authority
to direct and control the
Mary Carter agreement n. A
performance of services; the
device for settling cases that
person performing those
involves multiple defendants, with
services.
one or more defendants paying
money to plaintiff in exchange for master plan n. In land-use
a release from further liability, but planning, a government entity’s
with an ongoing role to participate plan for the overall utilization of a
in the trial of the case, a portion particular area, including its
of any monies received by the allocation for residential or
plaintiff from other defendant(s) is manufacturing uses and the
paid to the settling defendant(s). corresponding environmental
impacts.
master n. 1 A special official
appointed by a court to assist it, material adj. 1 Of evidence, that
typically by making findings or it is important or essential to an
rulings pertaining to matters adjudication or determination. 2
specified by the court, typically, a Having a logical connection to the
“master” in divorce or custody, or matters under consideration.
a “master” to render an
material alteration n. A
accounting; sometimes referred
substantial change in a contract
to as a “special master”. 2
or other document that changes
Archaic. One who has authority
its interpretation or effect.
over another’s person and
services. material breach See breach.
material witness See witness.
359

maternal adj. Pertaining to maxim n. A key principle of law

one’s mother. that has been repeated so often it
has become a commonplace
matricide n. 1 The act of killing
expression.
one’s mother. 2 A person who
has killed his or her mother. mayhem n. Violent, disorderly
behavior.
meeting
measure of damages n. A
matter n. An issue under formula for determining monetary
consideration in a lawsuit. damages, which varies among
types of actions; for example,
matter in issue. The crux of a
measure of damages in a
case, the matter in
contract case is generally the
controversy.
contract price less reduction for
matter of fact. An issue of the any incomplete performance by
truth or falsity of a pertinent the selling party, while measure
fact. of damages in a tort action is that

matter of law. An issue which fairly compensates a

pertaining to the applicability plaintiff for her expenses

or interpretation of a particular sustained as a result of the

law. tortious act, plus compensation

for any pain and suffering.
matter of record. Any matter
mechanic’s lien See lien.
that has been made a part of
the official court record. mediation n. A form of conflict
resolution in which a neutral
mature v. A debt that has
individual attempts to assist the
become payable.
parties to find a compromise
360

acceptable to both. Distinguished member n. One part of an

from arbitration because it organization or family, one
concentrates more on the search person belonging to a
for terms acceptable to both partnership.
parties and less on the legal
memorandum n. 1 A form of
resolution of their disputes.
written internal communication
meeting n. A gathering of utilized in businesses and other
persons for a specific purpose. office environments. 2 A
summary of the terms of an
meeting of the minds
agreement (typically one to be
drafted later). 3 A legal brief,
annual meeting. Corporate
typically on a motion or other
law, yearly gathering of board
issue arising at the trial level.
of directors to which
stockholders are invited. menacing n. An attempt to
commit an assault. mensa et
special meeting. Corporate
thoro n. Latin. Bed and board.
law, gathering for a special or
limited purpose. mens rea n. Latin. The
defendant’s guilty state of mind,
meeting of the minds n. Actual
as an element in proving the
understanding of and agreement
crime with which he or she is
to the terms of a contract.
charged.
Megan’s Law n. A statute that
mental cruelty n. Behavior by a
requires sex offenders to register
spouse that threatens the life,
with local authorities and requires
bodily health, or psychological
publication of information about
health of the other spouse.
them (including their residence in
the community) to the public.
361

merchant n. An individual or codes of civil procedure of law

entity that buys goods and resells and equity into a single court. 5 In
them for a profit, and that is corporate law, the acquisition of
assumed to be expert in the one company by another, and
particular type of goods. their combination into a single
legal entity.
merchantable adj. Of goods, that
they are fit for sale. merit n. 1 The substantive
elements of a claim or defense. 2
mere licensee n. One who
The validity of a claim or defense
enters property at the will of
(as in “the defense of
another.
impossibility is without merit”).
merger n. 1 In contract law, the
on the merits. Description of
action of superceding all prior
adjudication of a matter on its
written or oral agreements on the
substantive elements, not on
same subject matter. 2 In criminal
procedural or technical
law, the inclusion of a lesser
grounds.
offense within a more serious
one, rather than charging it mesne adj. Occupying a middle
separately, which might cause or intermediate position.
double jeopardy. 3 In litigation,
metes and bounds n. The
the doctrine that all of the
objective measurement of real
plaintiff’s prior claims are
property from recognized
superceded by the judgment in
landmarks so as to situate it
the case, which becomes the
precisely in a description to be
plaintiff’s sole means of
used in legal documents, such as
recovering from the defendant. 4
deeds.
The combination under modern
362

mineral lease n. The right given differences. 2 The condition of

to use land for purpose of not yet being of legal age. 3 A
exploration, specifically for group of less than half of eligible
minerals, with concommitent right voters.
to remove minerals, if found, for a
Miranda rule n. The rule, formed
finite period of time, or
from constitutional law, that
indefinitely, upon payment of
suspects must be advised of
royalties to the landowner.
certain rights (such as the right to
mineral rights n. A right to take remain silent and the right to an
minerals from land or to receive attorney) before being questioned
payment from the excavation of by the police.
such minerals. minimum
misadventure n. 1 An accident
contacts n. A defendant’s
or unlucky event. 2 An accidental
activities within or affecting the
homicide.
state in which a lawsuit is
brought, that are considered misapplication n. The illegal
legally sufficient to support misuse of money or property in
jurisdiction in that state’s courts. lawful keeping.

ministerial adj. Of the nature of a misappropriation n. The act of

routine or mechanical function
performed with a minimum of
discretion.
minority n. 1 An ethnic, religious,
or other defined group of people
who may face discrimination from
the majority as a result of their
taking improperly, including the
use of another’s property or work.
miscarriage of justice n. The
unjust and inappropriate outcome
of a court proceeding.
363

misconduct in office n. The later, but that can no longer be

unlawful exercise of public located.
authority.
misnomer n. An error in referring
misdelivery n. The delivery of to or naming a person, location,
goods at a time or place or in a or object, particularly in a contract
manner not meeting contractual or other legal document.
requirements.
misprision of felony n. The
misdemeanor n. A crime offense of covering up of a felony
considered to be less serious committed by another.
than a felony, and that receives a
misrepresentation n. A false
lesser punishment (typically a
statement typically made with the
sentence of one year or less).
intention to mislead. See fraud.
mistake
mistake n. In contract law, a
factual misunderstanding that
misfeasance n. 1 Generally, an may lead to a failure of a meeting
act of wrong-doing. 2 An of the minds.
otherwise legal act that is
mistake of fact. Improper
performed in an illegal fashion.
understanding of a fact that is
misjoinder n. The improper material to a contract.
addition or inclusion of parties or
mistake of law. Improper
claims in a civil case, or of
understanding of the law as
charges in a criminal case.
applied to facts as to which a
mislaid property n. Property that party has a correct and full
has been left unattended by the understanding.
owner with an intent to return to it
364
mutual mistake. A mistake in
which each party has an
incorrect understanding of the
other’s position, or in which
both parties share the same
mistaken belief, generally a
basis for canceling
contract.
unilateral mistake. A mistake
by only one party to a contract
as to the underlying facts of
the agreement, not generally
a basis for avoiding
contract.
mistrial
mistrial n. A trial that the judge
orders ended without a verdict,
either because the jury
deadlocked or because of an
incident or mistake prejudicing
the outcome.
mitigating circumstance n. A
factual matter argued in defense
that may lessen a defendant’s
liability or culpability, resulting in
lesser damages or a shorter
sentence.
mitigation-of-damages doctrine
n.
The doctrine that requires a
plaintiff to use reasonable efforts
the
to alleviate the injury caused by
the defendant. For example, a
merchant who fails to receive
goods due to the manufacturer’s
breach is expected to replace
those goods with similar ones
the from another source, and will
then be able to sue only for the
difference in price between the
contracted-for goods and the
ones actually purchased. mixed
nuisance n. See nuisance.
has mixed question of law and fact
n. An issue that can be resolved
only by adjudicating facts and
deciding relevant legal issues at
the same time.
M’Naghten rules n. The insanity
defense as codified in federal law
and the law of many states, in
365

terms of whether a mental money n. An official,

disease or defect interfered either government-created token of
with the defendant’s value, made of paper or metal,
understanding of the nature of the that may be exchanged for goods
criminal act or the difference or services.
between right and wrong.
money demand n. A claim for
m.o.abbr. See modus operandi. a specified amount of money.

model act n. Proposed legislation money judgment n. A judgment

drafted by a national lawyer’s for a specified amount of money,
conference for the purpose of awarded as damages.
providing a model for state laws.
monogamy n. A law or custom
Model Rules of Professional permitting a person to be married
Conduct n. Ethical guidelines for to only one spouse.
lawyers drafted by the American
monopoly n. The domination of a
Bar Association.
commercial market by only one
Modified Accelerated Cost supplier, worldwide or in a
Recovery System n. An particular region.
accounting approach for the rapid
month-to-month lease n. A
depreciation of assets.
lease without a fixed term,
Abbreviated MACRS.
because either it never included
modus operandi n. Latin. A one or such term is expired, in
method of operating. which the landlord’s acceptance
of each monthly rent payment
moiety n. A portion of something,
gives the tenant a right to stay for
typically half.
one more month.
366

moot adj. Of an issue, that it is reflecting such a loan and

not currently a controversy able security interest.
to be decided, typically because it
purchase money mortgage. A
was resolved or otherwise
mortgage that secures debt
removed from the court’s purview
incurred in connection with the
by an intervening act or
property as to which the
occurrence.
mortgage is given, for
moot court n. A law-school example, a mortgage on one’s
competition in which students home given to secure a loan
argue imaginary cases before given in order to purchase that
professors sitting as judges. home.

moral certainty n. High level of mortgagee n. The lender or

conviction that causes one to act creditor extending the loan
in accordance therewith; beyond involved in a mortgage.
a reasonable doubt.
mortgagor n. The owner of the
moral turpitude n. Of conduct, real property involved in a
that it is significantly wrong or mortgage.
immoral; used as a term of
mortmain n. Archaic. The
special condemnation.
permanent holding of lands by an
mortgage n. 1 A grant of a ecclesiastical organization,
security interest in real property without the right to dispose of
to secure a loan, often for the them.
purchase of the property. 2 A
most favored nation clause n.
loan secured by an interest in real
A provision in treaties according
property. 3 The paperwork
all citizens of the nations that are
parties to the treaty a special
367
status as to other nations that are
parties to the treaties, such
citizens are afforded all privileges
available to most favored nations;
general effect of such status is a
lowering of duty on trade between
such nations.
motion n. 1 In litigation, a formal
request, usually in writing, to a
court for specified relief, under
applicable procedural rules. 2 In a
legislature or other movant
deliberative body, a request for
procedural relief made by
member to the chairman or the
body at large, under Robert’s
Rules of Order or other applicable
procedural rules.
motion for arrest of judgment
n. A motion asking the court to
overrule the judgment in a civil or
criminal case, on the grounds that
it was granted in error.
motion for judgment as
matter of law n. A request for
relief available to a party when
there is no disputed fact issue.
motion for summary judgment
n. In civil litigation, a written
submission made to the court
following the discovery phase,
asking for judgment before trial
on the basis that the undisputed
facts as adduced through
discovery entitle the moving party
to judgment as a matter of law; if
granted, the case is over with no
need for trial.
motion in limine n. A motion to
a
limit the evidence that will be
submitted to the jury, by
excluding matters that are not
relevant, are prejudicial, or are
otherwise inadmissible under
applicable rules.
motion to dismiss n. In civil
litigation, a written submission to
the court at a preliminary stage of
the case, generally before the
a defendant answers, seeking
dismissal of the case on one of
368

several grounds, including lack of multifarious adj. Referring or

jurisdiction over the person or relating to the improper joinder of
subject matter, and failure of the unrelated causes or parties in a
plaintiff to allege requisite lawsuit.
elements of the cause of action
multipartite adj. Divided into
asserted in the complaint, etc.;
several parts.
may be granted with or without
leave given to plaintiff to amend multiplicity of actions n.
his complaint to correct Multiple lawsuits filed by one
deficiencies. party involving the same subject
matter, usually against same
motion to set asideSee set
defendant, generally of a frivolous
aside.
nature or attempt to relitigate
movant n. The party making a matter that has been unfavorably
motion to the court. decided against the plaintiff.

move municipal bond n. A bond

issued by a city or other
move v. To make a motion; to municipal entity. municipal court
request relief from a court or a n. A city court.
deliberative body. muniments (of title) n. Chain of
moving expense n. In tax law, documents that indicate title to
an expense incurred in property, from the beginning to
connection with the transportation the present. murder n. The
of one’s household effects when intentional and malicious killing of
changing one’s residence. a human being.

mulct n. 1 To levy a fine. 2 To first degree murder. Murder

defraud someone. that is premeditated, or done

369

during the commission of mutual mistake n. A mistake in

certain other felonies. which each party has an incorrect
understanding of the other’s
murder-suicide. Act of killing
position, or in which both parties
another followed by suicide,
share the same mistaken belief.
sometimes carried out in a
pact, other times without the
assent of the murdered
person.

second degree murder. An

unpremeditated murder not
committed while carrying out
another felony.

mute n. The act or condition of

remaining silent when required to
enter a plea.

mutuality of obligation n. The

consent by both parties to a
contract to pay, yield, or give up
something in return for the
benefits received.

mutuality of remedy n. The

doctrine that specific
performance must be available
to both parties to a transaction in
order for either to obtain it.
370

labor issues and creating the

N
National Labor Relations
Board. Abbreviated NLRA.

National Labor Relations Board

n. A federal labor agency that
oversees union elections and
other labor issues. Abbreviated
NLRB.
naked power n. Power over a
National Lawyers Guild n. A
person or thing unrelated to an
lawyer’s association founded in
interest in the well-being or
1937, which states as its mission
continuation of that person or
a dedication to the need for basic
thing.
and progressive change in the
named insured n. The covered structure of the political and
individual named in an insurance economic system, generally
policy. aligned with liberal and socially
progressive causes.
narcotic n. A drug that, by law,
is illegal or designated a natural child n. A biological, as
controlled substance. opposed to an adopted, child.
naturalization n. The formal
National Association of
grant of U.S. citizenship to a
Security Dealers Automated
foreigner.
Quotation system n. An
automated national stock natural law n. A philosophical
exchange. Abbreviated NASDAQ. explanation of the origins of law,
grounding it in purported external
National Labor Relations Act n.
facts (such as biology, religious
A federal law governing certain
371

conceptions of right and wrong, to or involvement in the

and so on) rather than in human underlying facts and issues,
custom or practice. should be joined to a case if it all
possible.
natural person n. An actual
person, as opposed to one necessity n. A defense to a
created by a legal fiction (such as criminal charge or civil claim, that
a corporation). the party’s actions were in
response to a supervening state
n.b. abbr. Latin. Nota bene; used
of emergency. negative
to emphasize or call notice to
averment See averment.
something.
negative easement See
Necessary and Proper Clause easement.
n. A section of the United States
negative pregnant n. A limited
Constitution that enables
and conditional denial of a part of
Congress to make the laws
an assertion that implies that the
required for the exercise of its
assertion may otherwise be true.
other powers established by the
Constitution. neglect n. The action or status of
failing to care for or to maintain
necessary implication n. An
something.
implication that is very likely to be
true. negligence n. The failure to use
reasonable care, resulting in harm
necessary inference n. A
to another.
conclusion that flows of necessity
from a particular premise.

necessary party n. A party who,

because of his or her relationship
372

negligent infliction of emotional grounds for a criminal

distress prosecution.

culpable negligence. Negligent

comparative negligence. The
actions committed with a
plaintiff’s own negligent acts
disregard of the
that bring about a pro rata
consequences.
reduction of the damages
owed by the defendant, gross negligence. Extreme

depending on the degree of negligence, acts committed

the plaintiff’s own negligence; with utter disregard for the

compare contributory consequences, punishable by

negligence. punitive damages.

concurrent negligence. The negligence per se. Negligence

negligence of two or more as to which there is no

parties contributing to the disputed fact issue and that

ultimate harm. may therefore be determined

by the court without recourse
contributory negligence. Any
to a jury.
degree of negligence on the
part of a plaintiff, which results negligent infliction of emotional
in a total bar to recovery by distress n. The act of inflicting
the plaintiff, even if the emotional distress on another by
defendant was negligent as one’s negligent act.
well. States are either
negotiable instrument n. In
“comparative” or “contributory”
commercial law, a writing that
negligence jurisdictions.
meets certain criteria, such as
criminal negligence. that it contains an unconditional
Negligence so substantial it is promise to pay a specified
373

amount on demand or at a ordered by the original trial judge

particular date to the bearer or a or a court of appeals.
particular person, and it is signed
New York Stock Exchange n. A
by the person making it.
national exchange operated by an
negotiation n. Discussions
association of securities firms
between adverse parties, with the
based in New York City.
goal of resolving their differences.
Abbreviated NYSE.
net income n. Income after all
next friend n. An attorney or
exemptions, exclusions, and
other competent person
deductions.
appointed to appear in a litigation
net operating loss n. The to represent the interests of a
amount by which operating minor or incompetent.
expenses exceed revenues.
next of kin n. The individual(s) of
new and useful adj. Term used closest consanguinity to a
in patent law to define whether an decedent.
item is patentable.
nisi adj. Latin. Of an ex parte
newly discovered evidence n. decision or ruling, that it is valid
Material evidence bearing on unless opposed by the adverse
innocence and discovered after party.
the conclusion of a trial.
nisi prius n. Latin. Refers to a
new matter n. A matter not court in which a jury is the
previously raised by a party in a ultimate finder of fact.
litigation.
NLRA abbr. SeeNational Labor
new trial n. A second or later trial Relations Act.
on all or part of the merits,
NLRB abbr. SeeNational Labor
374

Relations Board. elsewhere than in a prison (for

example, on probation).
no bill n. A grand jury’s
determination that there is not nondelegable adj. Of a power,
adequate evidence to indict that it cannot be assigned or
someone. transferred to another to be
performed.
no-fault adj. Of claims or
controversies, such as divorces or nonfeasance n. A failure to act in
automobile accidents, in which derogation of a duty to do so.
adjudications or awards are made
nonnegotiable adj. 1 Of
without reference to the parties’
commercial paper, that it cannot
guilt or blame.
be transferred. 2 Of a contract
nolens volens adj./adv. Latin. term or demand, that the party
Willing or not. proposing or making it refuses to
discuss or make any modification.
nolo contendere n. Latin. A plea
available in certain jurisdictions in non obstante veredicto n. Latin.
which a party declines to contest A judgment notwithstanding the
a charge without formally verdict, in which a jury verdict is
admitting guilt. set aside by the judge as being
factually or legally invalid.
nominal damages See
damages. nominal party See nonprofit corporation n. A
party. corporation organized for other
non compos mentisadj. Latin. than commercial purposes; for
Mentally incompetent. example, for charity or to advance
a viewpoint on policy.
noncustodial sentence n. A
criminal sentence served not guilty
375
non prosequitur n. Latin. A
judgment against a plaintiff who
has abandoned the case.
nonrecognition provision n. A
rule that allows certain items not
to be included in taxable income.
nonrecourse adj. Pertaining to
an obligation that cannot be
enforced against the personal
assets of the debtor.
non sequitur n. Latin. A
conclusion or a statement that
does not logically follow from
what preceded it.
nonsuit n. 1 The dismissal of a
case by the judge for procedural
infirmity or lack of any evidence,
without reaching a decision on the
merits. 2 A plaintiff’s voluntary
dismissal of a case.
nonsupport n. A breadwinner’s
failure to provide support to a
child, spouse, or other dependent.
noscitur a sociis Latin. A rule of
interpretation that states that the
meaning of unclear language in a
contract or other legal document
should be construed in light of the
language surrounding it.
notary public n. An individual
who performs the public functions
of witnessing signatures,
administering oaths, and
comparing documents in order to
attest to the validity of copies.
note n. 1 In commercial law, a
writing representing a promise by
a maker to pay a specified
amount of money to a payee or to
the bearer, on demand or by a
specified date. 2 A short article in
a law review, typically written by a
law student.
not guilty n. 1 A determination by
a jury that the evidence is
insufficient to convict the
defendant beyond a reasonable
doubt. 2 A defendant’s plea in
court denying the prosecution’s
charges. notice
376

not guilty by reason of of which that party had a duty

insanity. A jury verdict or plea to be aware.
that acknowledges that the
implied notice. Notice deemed
defendant committed the
to have been received by a
crime but states that he or she
party, due to his or her
was not responsible for his or
knowledge of other
her actions by reason of a
information that should have
mental disease or defect, and
led that party to become
so could not have formed the
aware of the matter in
requisite mens rea, and
question.
therefore, is not guilty.
inquiry notice. Notice deemed
notice n. 1 A state of awareness
to have been received by a
of a fact or thing, as required by
party, due to the party’s
law or contract. 2 A
knowledge of other
communication seeking to make
information that would have
its recipient aware of a fact or
caused a reasonable person
thing, as required by law or
to inquire further.
contract.
judicial notice. Notice taken by
actual notice. Notice
a court that a fact is so
personally received by the
obvious, wellknown or
person for whom it was
commonly accepted that no
intended.
proof is required to establish
constructive notice. Notice that fact; for example, judicial
deemed to have been notice may be taken of the fact
received by a party, due to that many people died during
publicly known facts or events the events of September 11,
2001, without proof being
377

necessary as to the actual notice of motion n. A party’s

death of such persons. written notice, under applicable
procedural rules, that it is
personal notice. Actual notice
requesting the court’s
received directly by the person
determination on an issue
for whom it was intended.
pertaining to a pending litigation.
notice of appeal n. A formal Motions are typically used to
written notice, filed with the court resolve procedural issues such as
and served on the other parties, discovery disputes or issues of
as required by procedural rules, the excludability of evidence, but
that a party intends to appeal a may also seek dismissal of the
judgment or order. case on the grounds that the

notice of appearance n. 1 A pleadings do not state a cause of

written document filed with the action, or summary judgment on

court (or in some cases, a verbal the grounds that there is no

representation made in court) to disputed fact issue on which the

notify it and the other parties that other party could prevail.

a party wishes to appear in or notice to quit n. A landlord’s

receive notice of the proceedings. written notice to a tenant to
2 An attorney’s written or verbal vacate the premises for
notice to the court that he or she nonpayment or other material
represents one of the parties. breach of a lease.

notice of dishonor n. Notice that notorious possession n. Use or

payment of a note or other inhabitance of real property that is
commercial paper is being open and obvious to neighbors,
refused. leading to a presumption that the
378

owner has notice of it. See also attractive nuisance. A

adverse possession. potentially dangerous element
or entity on real property that
novation n. In contract law, the
may attract people, especially
replacement of an old obligation
children, to use it to their own
with a new one.
harm; for example, a
novelty n. an element required to swimming pool.
obtain a patent. See new and
attractive nuisance doctrine.
useful.
See attractive nuisance
NSF abbr. A banking term doctrine.
meaning
mixed nuisance. A nuisance
“not sufficient funds.”
that affects both public and
nudum pactum n. Latin. A bare private interests.
or scant agreement that is not
nuisance per se. A nuisance
enforceable because
that is very dangerous, or in
consideration is lacking.
some other way beyond
nugatory adj. Of a law or a conventional bounds of
contract, that it is unenforceable. acceptability and risk, one that
has certainty.
nuisance n. An ongoing act or a
condition that interferes with private nuisance. A nuisance
another’s use or inhabitation of that affects private ownership
real property. interests.

abatable nuisance. A nuisance public nuisance. A nuisance

that may easily be repaired or that interferes with public
avoided. interests, including those in
379

health, safety, and nunc pro tunc adj. Latin. Of an

transportation. order or decision, that it has a
retroactive effect.
NYSE
nuncupative will n. A verbal will
nullification n. The act or made in contemplation of
condition of negating the oncoming death from a wound or
existence of a law, performed by injury. Not valid in most states.
individuals acting in a public NYSE abbr. See New York Stock
capacity (for example, a jury) or Exchange.
by one level of government
opposing the laws of another.

jury nullification. A jury’s

verdict of “not guilty” despite
overwhelming evidence of
guilt, often in the face of the
jury’s collective belief of this
guilt, because of its
perception that the law is
being immorally or improperly
applied to the defendant; in
other words, the jury nullifies
the law because it believes
the defendant has been
unfairly treated.

nullity adj. Legally nonexistent;

without force or effect.
380

objection n. A statement

O
opposing something that is about
to occur in a courtroom, or has
already occurred, as being
improper, out of order, or against
procedural rules. It is up to the
judge to rule on the objection’s
validity, or to overrule it. A timely
objection that is entered into the
oath n. A solemn swearing to the
trial record, along with
truth of statements delivered
appropriate argument on its
orally and/or in written form.
validity, may form the basis for an
Making of false statements while
appeal to a higher court. See also
under oath may result in
challenge and motion in limine.
prosecution for perjury. An
affidavit is a written oath. See obligation n. 1 A moral or legal
also affirmation. duty to perform or to not perform

oath of office. A sworn some action. 2 A binding, formal

promise to carry out the duties arrangement or an agreement to

and responsibilities of a a liability to pay a specified

position, diligently and as amount or to do a certain thing for

required by law. a person or group of persons.

See also duty and liability.
obiter dicta adv. Latin. “By the
way . . . .” A passing statement obligation, mutuality of See

reached in a court opinion that is mutuality of obligation.

irrelevant to the outcome of the oblige v. 1 To legally or morally

case. See also dictum. bind; to obligate. 2 To bind
381
someone by performing a service
for that person.
obligee n. The person who is
owed an obligation, generally a
sum of money or a service.
obligor n. The person owing the
money, service, or goods. See
also obligee.
obloquy n. Abusive language;
blame; disgrace or cause to be in
ill repute; calumny. Obloquy may
go to the extent where
constitutes defamation. See also
defamation and slander.
obscene adj. Exceptionally
repugnant to the contemporary
standards of decency
morality within the community;
grossly obnoxious to the notions
of acceptable behavior.
obscene material n. According
to a Supreme Court decision,
material is obscene, and hence
not protected by the free-speech
provision of the First Amendment
if it has three elements: It must
have prurient appeal, as decided
by the average person applying
the standards of the community; it
must portray sexual conduct in an
offensive way; and it must be
lacking in serious artistic, literary,
scientific, or political value.
obscenity See obscene
material.
obsolescence n. 1 A process or
condition of becoming useless or
obsolete. 2 A diminishing of a
it
property’s value or usefulness,
especially because of innovations
in technology, as distinguished
from physical decay. See also
depreciation.
and
obstruction of justice n.
Delaying or impeding the timely
and orderly administration of the
legal system in some way, such
as by giving false or misleading
information, withholding
information from legal authorities,
or attempting to influence a
382
witness or a juror. A criminal act
in most jurisdictions.
obviate v. 1 To anticipate and
prevent something
happening; to dispose
something. 2 To make something
no longer necessary.
occupancy n. 1 The condition or
act of possessing or living in a
dwelling or on some property. 2
The period of time during which
one rents, owns, or in some way
possesses property. 3
Having actual possession of a
place that has no owner so as to
acquire legal rights to ownership.
See also adverse possession.
occupant n. One who inhabits or
exercises direct control over a
certain piece of property
premises, as distinguished from
the one who has ownership of the
property, although the
person(s) may do both.
occupational disease (or injury)
n. A disease or injury contracted
as a result of prolonged exposure
to unsafe substances or
conditions in the natural course of
one’s employment, where the risk
from
of such condition or injury is
of
greater than that prevalent in the
general population.
occupational hazard n. A risk
peculiar to the specific occupation
or place of employment and that
arises in normal work at such a
job or workplace. Occupational
hazards include the likelihood of
accidental injuries and diseases.
Occupational Safety and Health
Act n. A federal law enacted in
1970, setting forth workplace
rules and regulations to promote
safety of workers; administered
by the Occupational Safety and
or
Health Administration.
Occupational Safety and Health
same Administration n. An agency of
the federal government
established by Act of Congress in
1970 that creates and enforces
383

rules governing the safety of offer n. 1 The act of presenting

workers in the workplace. The something, such as a bargain,
agency routinely inspects with the understanding that
workplaces and officer should the other party agree, that
bargain will be complete. 2 A
issues citations for businesses promise by one party to do
that are in violation of its something in exchange for
standards. The agency is a part something else being done by the
of the Department of Labor. second party. 3 An act
Abbreviated OSHA. demonstrating a willingness to
enter into a contract in such a
occurrence n. An event of
way that a reasonable person
happening.
would recognize that acceptance
odious adj. Disgusting, of the terms will conclude in a
disgraceful, hateful, vile, binding agreement. See also
loathsome, scandalous. See also acceptance.
odium.
offer of proof n. 1 A presenting
odium n. 1 Hatred or distaste for, of evidence for the record, but
accompanied by contempt or outside of the presence of the
disgust. 2 A condition of disgrace, jury (usually following a judge’s
usually as the result of some form ruling that such evidence is
of vile conduct. inadmissible) for purposes of
preserving the evidence on the
offense n. Any violation of the
record for use in an appeal. 2
law for which the judicial code
Such a presentation is an attempt
demands there be a penalty,
to persuade the judge to allow the
including misdemeanors and
felonies. See also crime.
384

item’s or testimony’s introduction person without having been

before the jury. asked to do so and without
having had a contractual or
officer n. A person who holds a
legally recognized interest in
position (office) of trust,
doing so, and then seeks
command, or authority. In public
officious intermeddler 190
compensation or restitution for
affairs, the term usually applies to the act from the beneficiary, even
a person who holds a though he has no legal grounds
government position and is to do so.
authorized to perform certain
offset 1 v. To pay for or
functions. In corporate law, it is a
compensate for; to calculate
person appointed or elected by
against: “The debtor is entitled to
the company’s board of directors.
an offset against the amount due
The term usually implies some
to the contractor for the amounts
form of tenure, duration, and
that are alleged to be properly
emolument.
deducted for poor workmanship.”
officer of the court. Generally, a
2 n. Something that balances
lawyer, in connection with his
something else; for example,
dealings with and in a court, is
“The offset for the amount she
said to be an officer of the court
spent was the house’s improved
as a result of his special
appearance.”
relationship to the court and the
trust placed in a lawyer by the of record adj. 1 Matter that

court. appears in official written

documents, such as testimony
officious intermeddler n. A
taken by the court stenographer
person who acts to benefit a
and filed deeds and mortgages. 2
385

Documented, as in the attorney of numerous things at the same

record or the court of record. time; including many things.

of the essence, time is See time omnibus clause n. 1 A portion of

is of the essence. a writing that confers rights or
duties upon one not specifically
oligopoly n. An industry that is
named, or property not
dominated by a small number of
specifically mentioned, as in: an
companies that manufacture
automobile insurance policy
substantially identical products.
provision that extends the policy’s
The American automobile
coverage to any persons
industry and the tobacco industry
operating the motor vehicle,
are two examples. An oligopoly is
provided that the operator had
far less competitive than one with
the named insured’s permission,
many manufacturers, but slightly
or a clause in a will that
more competitive than a
bequeaths all unspecified
monopoly.
property, or property not known at
omission n. 1 Something left out the time of testation. on account
or left undone. 2 The act of n. Partial payment.
neglecting to do something
on all fours adj. Colloquial. Legal
required by law; especially one’s
precedent or case law that is
duty. 3 The state of having been
precisely on point with respect to
left out or undone. 4 The act of
the case at hand.
leaving something out or not
done. An omission may be on demand n. When presented
deliberate or unintentional. or asked for. Bills or notes that
are payable when requested are
omnibus adj. Having many
known as demand notes. When
purposes or treating with
386

the bank receives a demand essential facts of the case, rather

note, it pays it, regardless of who than on any technical or
the bearer may be. procedural rule, such as the
failure of proper service.
one person (man), one vote n.
A 1964 decision in Reynolds v. on the pleadings adj. Said of a
Sims affirmed the principle judgment found after reading or
(based on the Equal Protection hearing the complaint and the
Clause) that each legislative answer, and without waiting to
district should have, as closely as hear or evaluate the evidence or
possible, the same number of the attorneys’ arguments. See
voters. See also apportionment. also summary judgment.

on or about n. An expression open adj. 1 Free from

popular in legal documents to concealment; readily viewable by
indicate an approximate time or the public; unobstructed. 2
location. Apparent; notorious. 3 Not
closed, or final; still under
on the brief n. The identification
consideration.
of all attorneys and other persons
who participated in preparing an open account n. 1 An as yet
appellate brief, usually listed on unsettled account. 2 A series of
the brief’s front cover. transactions that result in a single
liability. See also account.
on the merits adj. Said of a
judgment delivered after all the open and notorious Known by
evidence in the case and the the public, and at odds with the
arguments of the parties have community’s accepted moral
been heard. The judgment is values. See also notorious
rendered based upon the possession.
387

open court n. A functioning court have not yet been introduced into
attended by all interested parties evidence.
and admitting the public, presided
open shop n. A business that
over by a judge. The term usually
employs workers regardless of
implies that all of the business of
whether or not they are members
the court is done in a public
of a labor union.
judicial proceeding, rather than in
a judge’s office or chamber(s). operation of law adj.
Description of an event that
open end adj. 1 Having room for
comes about automatically by
future modifications or additions.
virtue of application of law to a
2 Issuing or redeeming stocks or
set of facts.
other shares on demand on a
continuous, ongoing basis, at operative adj. Description of
whatever their current net values words in a document that bring
happen to be. about the result of transaction.

opinion opinion n. The court’s statement

of its decision, usually written by
a single judge, citing the facts,
opening statement n.
points of law, rationale, and
Introductory remarks made by an
decision or verdict. See also
attorney at the commencement of
decision, judgment and verdict.
a trial, in which he outlines the
evidence that is expected to be concurring opinion. In
proven. Although sometimes appellate cases, a joining in
referred to as an “opening by one or more judges to the
argument,” this term is a principal opinion in the case,
misnomer, as the lawyers are not but for differing reasons or
permitted to argue any points that basis.
388

dissenting opinion. An opinion specified time period. 5 v. To give

written by one or more judges or take an option on something.
that disagrees with the one
oral adj. Spoken or uttered, as
reached by the majority of the
distinct from written or hand-
court.
signaled.
majority opinion. The opinion
oral argument n. The spoken
reached by the majority of the
legal presentation by the
court; usually known simply as
attorneys before a court, in an
the opinion.
effort to persuade same to decide
per curiam opinion. (Latin.) By in favor of his or her side. oral
the court; an opinion reached deposition n. See deposition.
by an appeals court and
order n. A command, instruction,
handed down without
or direction by the court or by a
identifying its writer by name.
judge intended to adjudicate
option 192 some
point
option 1 n. The power or right to or to direct some step in a legal
make a choice. 2 n. A contract to proceeding.
keep an offer open for a specified
final order. An order that
period of time so that the person
disposes of the entire case,
making the offer cannot suddenly
but may be appealed to a
withdraw it during that period. 3
higher court. See also
n. The right carried by that
judgment.
contract. 4 n. The right to sell or
buy a certain number of stocks or interlocutory order. An order
bond at a set price within a relating to only a portion of the
389

case, but not a final ordinary care. See care

disposition. (reasonable care).

restraining order. See ordinary course of business.

restraining order. Conduct of business under usual
circumstances, going about
show-cause order. An order
business in everyday manner.
requiring a person to appear
ordinary income See income.
in court and explain why
certain relief should not be organic law n. The body of laws
granted. that are fundamental to defining
and creating a government and
order to show cause See order
its legal system, whether written
(showcause order).
(such as a constitution) or
ordinance n. A local law, usually unwritten.
on the municipality level, that,
organization expense n. A
when fully enacted, has the same
deduction allowed to a newly
effect and force as a statute
formed corporation or partnership
within that municipality. ordinary
incurred establishing that
adj. 1 Occurring in the usual
company, which may be spread
course of events; usual and
over a period of not more than
normal. 2 When applied to a
five years.
judge, having jurisdiction by virtue
of office rather than by being organized crime n. 1 A
assigned same. 3 When applied widespread group of professional
to a jurisdiction, immediate and criminals who rely on illegal
original; not delegated or activities as a way of life and
devolved to. whose activities are coordinated
390

and controlled through some form believe that one is the agent of
of centralized syndicate. the other; for example, an
emergency room physician who
original jurisdiction n. The
may be employed by an outside
ability and authority to decide
contractor, not the hospital, may
cases based on hearing
nonetheless be deemed the
testimony and viewing evidence,
“ostensible agent” of the hospital.
rather than on appeal. The
distinction separates trial courts ouster n. 1 The wrongful
from appellate courts. When an exclusion of a person from
appellate court tries a case de property or dispossession of
novo on appeal, it is said to be same. 2 The removing from office
exercising its original jurisdiction of a public or corporate official.
rather than its appellate
out-of-court adj. Done outside a
jurisdiction. State-and-county
judicial proceeding, such as an
level trial courts have original
out-of-court settlement.
jurisdiction. The federal courts
have original jurisdiction in certain out-of-pocket expenses n.
matters, as Congress expressly Costs for necessary items,
provides. See federal question usually made in cash, and
and diversity jurisdiction. reimbursable at a later time.

OSHA See Occupational Safety out-of-pocket rule n. The

and Health Administration. principle that the damages in a
breach of contract or warranty
ostensible authority (or
case should constitute the
agency) n. A relationship
difference between what was
between two parties that
paid for the goods or services
reasonably leads a third party to
and what their actual value is.
391

See also benefit-of-thebargain rule against a courtroom

rule. output contract See objection.
contract.
overt adj. Unconcealed; open
outstanding issue n. The total and observable; not secret.
number of shares actually sold to
overt act n. An open act; an act
shareholders less treasury stock;
indicating an intent to commit a
must be less than the authorized
crime.
issue (the amount permitted by
the company’s charter). oyez owner n. A proprietor; the one
who has legal right to possess,
use, and/or convey property to
overbreadth adj. A term used to
another.
describe a statute that prohibits
certain behavior, but in so doing ownership n. The total body of
also restricts or inhibits behavior rights to use and enjoy a
that is constitutionally property, to pass it on to
guaranteed. See also chilling someone else as an inheritance,
effect. or to convey it by sale. Ownership
implies the right to possess
overreaching n. In commercial
property, regardless of whether or
law, abusing one’s superior
not the owner personally makes
bargaining power to take unfair
constructive use of it.
advantage of another through
fraudulent practices. oyez v. French. Literally, hear! An
Synonymous with fraud. exclamation used to bring a court
to order, or to gain attention for
overrule v. 1 To void the findings
an official proclamation to be
of another court; overturn; set
publicly made. A customary
aside. 2 As a judge, to reject or
392

greeting uttered by a court bailiff

to signify that court is in session.
393

portmanteau word, constructed

P
from pal and alimony.

palm(ing) off v. Acting in a

fraudulent manner, to pass
something off as something other
than what it is.

pander v. To pimp; to cater to

others’ lust. See panderer.
P.A. abbr. Professional
association. See also panderer 1 n. A manager, in the
corporation. sexfor-money sense, of
prostitutes; a person who causes
pain and suffering n.
a female to become a prostitute.
Compensable results, whether
2 v. The act of selling obscene
physical or mental, from a wrong
literature, movies, and/or other
either suffered or committed. The
materials that appeal to one’s
loss of the ability to work due to
prurient interest. See also
emotional suffering, mental
pander.
suffering, or physical pain are all
appropriate elements of damage. panel n. 1 A list of persons
summoned to be potential jurors.
palimony n. A court-mandated
2 The actual group of potential
payment by one of a former
jurors, see also venire. 3 A group
unmarried couple, who cohabited,
of judges selected from a larger
to the other. The term originated
group to hear a case. 4 Those
in the reportage of Marvin v.
sitting on an appellate bench.
Marvin, a 1976 California case. A
paper n. Any written or printed
document; any negotiable
394

document or instrument behalf of a citizen who is unable

evidencing the existence of a to pursue an action due to a legal
debt; stocks and bonds; disability.
securities. See negotiable
parental liability n. The doctrine
instrument, bearer, commercial
that parents are responsible for
paper.
willful damage done to another’s
par/par value n. Equality person or property by their minor
between face value and actual children. All states have statutes
selling price. to that effect, but most limit the
amount to a few thousand dollars
paralegal 1 n. A person not
per tort.
licensed to practice law, who
assists a lawyer in a variety of parent corporation See
tasks associated with a law office. company and corporation. pari
2 adj. As in “The assistant delicto See in pari delicto.
performed paralegal activities.” pari materia See in pari
materia.
paramount title n. Real estate,
title that is senior or superior to parimutuel adj. Of equal betting

the title to which it is compared. or wagering.

pardon See clemency and parole 1 n. A conditional release

reprieve. from a criminal sentence that
parens patriae n. Latin. Parent of permits the convict to serve the
his or her country. The state, in remainder of his or her term
its role of provider of protection to outside the confines of the prison
people unable to care for as long as he abides scrupulously
themselves; a doctrine giving the by certain preset conditions. 2 v.
government standing to sue on
395

To effect what is described in the so that each of the former joint

meaning of the noun. owners may enjoy having his or
her own estate. 2 v. to separate
parole board n. A group of
a single parcel into two.
individuals charged with
assessing, as a group, the risks partnership n. A voluntary
of granting early release to joining of two or more persons to
prisoners. jointly carry on and profit from a
single business. A partnership is
parole evidence rule n. The
presumed to exist if the persons
principle that a preexisting
have agreed to proportionally
commitment cannot be used as
share the losses and profits from
evidence to contradict or in any
that enterprise.
way modify the terms of a written
agreement. See also limited partnership. A
integration and merger. partnership comprised of one
or more people in charge of
partial breach See breach of
the business who are
contract.
personally responsible for the
partially disclosed principal debts of the partnership
See principal. (known as general partners)

particulars, bill of See bill of and one or more people who

particulars. provide capital and share in

partition 1 n. A separator of one
space from another;
separation by a court of real
estate owned jointly into two or
more separately owned parcels,
the profits but who do not
manage the business and
a
are responsible only for the
amount of their contribution
(known as limited partners).
396

part-performance See statute because of the technical rules

of frauds. of pleading, but who does not
necessarily have any real
party n. A person taking part in a
interest in the outcome of the
transaction or contract; a person
case.
or entity directly involved in a
lawsuit. party to be charged. Contract
law, the party against whom
aggrieved party. A party
enforcement of the agreement
whose pecuniary, personal, or
is sought.
property rights passive
party wall. Real property, a

have been negatively affected common support structure

by the actions of another or by between two separately

a court’s ruling. See also owned pieces of property.

aggrieved. prevailing party. The party in

indispensible party. See whose favor a judgment is

indispensible party. rendered, regardless of its

magnitude or extent.
necessary party. A party
whose interests will be proper party. A party not

affected by his or her close essential to the proceeding,

connection to the case and but who may be joined in the

who should be included if case because of judicial

feasible, but whose absence economy or an interest in the

would not require the subject matter of the litigation.

proceedings’ dismissal. real party in interest. A person

nominal party. A party who who generally but not
appears on the record necessarily benefits from the
397

suit’s final outcome, and who Commerce, which grants and

is entitled under law to regulates patents and
enforce the right the suit is trademarks.
based upon.
patent (of invention) n. The
third party. A designation of granting of a right or authority by
any person not directly involved in the federal government; the
a transaction or lawsuit. passion document granting that right or
See heat of passion. authority; an exclusive right to
make, use, or sell an invention
passive n. Not involving active
granted to the inventor of a
participation, especially an
unique device or process for a
enterprise in which an investor
specified period of time (usually
has no control whatsoever in its
20 years). See new and useful.
income-producing activity.
passive concealment design patent. Patent granted
for a new appearance to an
passive concealment See existing item.
concealment.
plant patent. Patent granted
patent adj. Obvious; manifest; for a new variety of plant,
apparent; clear; evident, as in granted to person who
“the contract had a patent discovers and reproduces
ambiguity.” See also latent same.
ambiguity. Pronounced PAY-tint.
patent pending n. A designation
patent defect See defect.
attached to a product while the
Patent and Trademark Office n. Patent Office is considering the
A federal agency under the patent application. Such a
auspices of the Department of designation imparts no protection
398

against infringement unless the pauper n. Someone who is

actual patent is eventually unable to provide for his own
granted. Abbreviated pat. support; a monetarily very poor
pending. person; an indigent person.
Paupers are excused from paying
paternity n. Fatherhood, the
court fees under the United
relationship of father to a child.
States
paternity suit n. A proceeding Constitution’s Equal Protection
initiated to determine the father of Clause, so that they may avail
a child born out of wedlock, in themselves of equal access to
order to provide for support for the courts. See also in forma
that child. pauperis.

pat. pendingabbr. See patent pawn 1 n. An item of personal

pending. property given to secure a

patricide n. The act of killing monetary loan; something held as

one’s own father; a person who security against a monetary loan.

has killed his or her father. 2 v. To borrow money against a

piece of personal property that is
patronage n. The giving of
held by the lender as security.
protection or support;
sponsorship; all of the clients or payables See account.

customers of a business; payable to bearer See

clientele; political favors, such as bearer.

appointing to governmental payable to order n. To be paid

positions in exchange for political only to a specific payee.

support. payee n. Any person to whom a

debt is to be paid; one to whose
399

order a check or other negotiable P.C. abbr. Personal computer;

instrument is made out. politically correct. See also
probable cause, professional
payer (or payor) n. A person who
corporation, and protective
pays a debt or who is obliged to
custody.
pay a debt by some written
instrument. PCR abbr. Stands for polymerase
chain reaction, the newest (at this
payment n. Delivery of funds in
writing) method of DNA analysis.
settlement of a claim or debt;
Using PCR technique, it is
fulfillment of a monetary
possible to analyze a biological
obligation.
specimen that is one-tenth the
payment in due course n. The size of that required for the older
payment of a negotiable RFLP method. It also gives
instrument to the holder on or quicker results, but the analysis is
after its due date in good faith by not as discriminating as RFLP.
the payer and with no notice of
PCR actions See post-
any defect in title. See also
conviction relief proceedings.
holder in due course.
P.D. abbr. Police department;
payment into court n. The
also public defender.
payment of money or other
property by a party to a peaceable possession n. A
proceeding into the care of the continuous possession of
court for later distribution in property that is uninterrupted by
accordance with the suit’s legal suits or other action
settlement or the court’s intended to oust the possessor
judgment. See also interpleader. from the property. Peaceable
payor See payer. possession does not preclude
400
there being adverse
against the possessor, so long as
no actual attempt has been made
to dispossess him or her.
peculation n. 1 The fraudulent
misuse of funds by one to whom
they have been entrusted for
purposes for which those funds
were not intended, especially the
misuser’s own benefit.
Embezzlement, especially when
done by a public official.
pecuniary adj. Having to do with,
or relating to, money.
pen register
penal action n. A suit brought to
recover a statutory penalty as
punishment for an offense
against the public.
penal code n. The body of penal
law as a whole.
penal institution n. Any jail or
other place of confinement
including work camps,
claims reformatories, penitentiaries, and
correctional institutions.
penal law n. Statute enacted to
proscribe a certain offense
against the public at large or
against another person; imposing
a penalty for violation of same.
penalties n. 1 Punishment in the
form of fines or prison terms
2
imposed on wrongdoers.
Although normally applied in
criminal cases, there are some
cases of civil misdeeds for which
a penalty (as distinct from a
remedy) may be imposed. 2
Damages imposed by a contract
for failing to meet a certain
obligation, such as completion by
the agreed-upon date.
penalty clause n. A provision in
a contract that stipulates an
excessive pecuniary charge
against a defaulting party. Courts
do not generally enforce such a
clause, but will enforce liquidated
jails, damage clauses when they
401

represent a legitimate citizens are entitled to a higher

approximation of actual damages. degree of privacy.
See also damages (liquidated
peonage n. Involuntary and
damages).
illegal servitude to pay off a debt.
pendente lite n. Latin. While the Forbidden by the Thirteenth
lawsuit is pending; contingent on Amendment to the
the outcome of the legal action or United States Constitution.
litigation. See also lis pendens.
per annum adv. Latin. By or
pendent jurisdiction See through the year; yearly or
jurisdiction. annually; calculated one year at a
time; at annual intervals.
penitentiary n. A penal institution
that is intended for long-term per autre vie Latin/French. “For
confinement of convicted the life of another,” term often
criminals. See also jail. used in bequeathing a right (but
not title) in property.
pen register n. A device that
records dialed telephone per capita adj. Latin. By or
numbers. Pen registers have through the head. According to
been deemed by federal the head count, or number of
authorities to be beyond the individuals; that is, divided
scope of wiretapping peonage equally among everyone
involved.
restrictions, because they do not
per curiam adv. Latin. By the
intercept, hear, or monitor
court. See opinion.
conversations. Some legislatures,
however have ruled that their
402

per diem adv. Latin. By or perfect (a lien) v. to take certain

through the day. Daily pay or daily actions or follow certain
expense allowance. procedures required by law in
order to create a security interest
peremptory adj. Final;
that is enforceable.
conclusive; positive;
incontrovertible. In a jury perfected adj. A claim is said to
selection, each side is permitted be perfected if all steps required
a certain number of peremptory to put a claim right, or in final
challenges for which no conformity with statutes, have
explanation is necessary. A been taken, and the litigant can
peremptory trial date may be set proceed to an appellate court.
so as to assure a speedy trial.
performance n. 1 The successful
peremptory challenge See
fulfillment of a contractual
challenge. peremptory plea See
obligation. 2. May be a promise of
plea.
future payment in exchange for a
peremptory writ n. Archaic. A contractual obligation’s being
common law document directing done.
the sheriff to assure the
part performance. Partial
defendant’s appearance in court,
fulfillment of obligations under
as long as the plaintiff has
a contract.
presented the former with
security for the prosecution. In performance clause. A distinct

current practice, the peremptory section or provision of a legal

writ has been replaced by the document or piece of

summons. legislation.

specific performance. The

requirement of performance of
403

obligations as stated in the permissive joinder See joinder.

terms of an agreement, permissive waste See waste.
according to the exact perpetuity See in perpetuity.
requirements, on theory that per quod adj./adv. Latin.
compensation in damages Whereby. Having meaning only
would be inadequate to give by reference to outside facts,
recipient of the performance such as on proof of injury or
the “benefit of the bargain.” some sort of compensable
Generally required in damages. The opposite of per
situations of unique services se.
or goods.
per se adj./adv. Latin. By or
peril n. Risk of exposure to injury through itself. Standing alone; on
or damage, such as that its own merits; without need for
protected against in an insurance reference to outside facts. The
policy. See also insurance. opposite of per quod.
periodic tenancy See tenancy.
person n. An entity, such as an
perjury n. The criminal offense of individual, or, under law, an
making false statements under incorporated group with certain
oath, especially in a legal legal rights and responsibilities; a
document or during a legal human being; the live body of a
proceeding. permanent human being. See also natural
injunction See injunction. person.

permission n. An authorization personal holding company See

or license to do something; being company. personal judgment
allowed. permissive See judgment. personal notice
counterclaim See counterclaim. See notice.
404
personal property n. Property
that is movable, unlike real estate
or things attached to the real
estate. However, things attached
to real estate may be considered
as personal property, also known
as personalty, if they can be
relocated without doing
irrevocable damage—a shed,
perhaps, or even a mobile home.
Personal property encompasses
tangible and intangible non-real
property.
personal recognizance See
release on own recognizance.
personal representative n. A
person whose job it is to manage
the affairs of another under
authority of a power of attorney,
or due to the death, incompepetit
larceny
tency, or infancy of the principal
party, as in the executor of a will
or guardian ad litem.
personal service n. Actual
delivery of a document into the
hands of the person for whom it is
intended; a delivery of some
salable service of manual or
intellectual endeavor without
charge, as a favor.
personalty See personal
property.
per stirpes adj./adv. Latin. By or
through roots and stocks. A
proportional division of the estate
among beneficiaries according to
the share of descent from their
deceased ancestor. Essentially,
each beneficiary gets shares of
stock in the estate based upon
the closeness of relationship to
the deceased. Distinct from per
capita. persuasion burden See
burden.
petition n. A formal written
request for something to be done
or not to be done, delivered to a
court or other official body.
405

petitioner n. The person petty larceny n. See petit

presenting a petition to a court or (petty) larceny.
other body in order to institute an
picketing n. A common practice
equity hearing or to appeal from a
in labor disputes, in which
judgment. The opponent in such
employees patrol with signs on
a proceeding is known as the
their fronts and backs (sandwich
respondent.
signs) or on wooden stakes held
petit adj. French. Little, minor. over their shoulders. Peaceful
Also spelled petty. petit jury See picketing is protected as free
jury. expression, except where

petit larceny n. Originally considered a threat to public

distinguished from grand larceny safety or when spreading false

as a matter of degree. A theft of propaganda.

something valued at 12 pence or piercing the corporate veil v.

less was considered petty
larceny, and the death penalty
was not invoked. Today, the
amount differentiating between
petty and grand larceny is in
dollars and varies from state to
state.
See also larceny and grand
larceny. petty jury
Charging normally immune
corporate officers, shareholders,
and so on with personal liability
for the corporation’s wrongdoing.
See also corporate (corporate
veil).
pimp v. Slang. See pander and
prostitution.
piracy n. 1 Robbery, kidnapping,

petty jurySee jury. or other criminal activity at sea. 2

Hijacking. 3 Illegal and
unauthorized copying or
406
distributing materials protected
under copyright, trademark, or
patent law. See also
infringement.
plagiarism n. Copying or stealing
someone else’s words or ideas
and claiming or presenting them
as if they were your own. See
also infringement. plain error
(rule) See error.
plain meaning (rule) n. A rule
that states if a written provision is
in writing and appears on reading
to be unambiguous, its meaning
must be determined from the
writing itself without resorting to
outside evidence.
plaintiff n. The party in a civil law
case who brings the action in a
court of law. See also defendant.
plaintiff in error. Archaic. See
appellant.
plain view n. The exception to
the requirement for a search
warrant to protect one’s rights
against unreasonable search and
seizure. If an officer has legal
justification for being in a place
and she spots something that is
clearly suspect or proscribed, that
object may be seized and
introduced in a courtroom
proceeding. Similarly, if the officer
overhears something because it
was uttered out loud so that it
was overheard by an officer using
normal hearing senses, that may
be testified to by the officer.
Additionally, use of a flashlight to
make it easier to spot an object is
acceptable, because it is a usual
thing to do. Use of an X-ray
machine, on the other hand, is
unusual and, therefore, not
permissible without a warrant.
plat n. A small map showing the
location of a piece of property in
the context of adjoining lots,
roads, and landmarks; a small
piece of land. Also known as plot.
plea n. 1 An accused person’s
formal reply to a charge in a
criminal court, the choices being
407

guilty, not guilty, and nolo particulars of the plaintiff’s

contendere (no contest). 2 An charges.
answer in an equity case telling
plea in abatement. A dilatory
why a suit should be barred,
plea objecting to the time,
delayed, or dismissed. 3 A
method or place of the
pleading.
plaintiff’s assertion, but not
affirmative plea. One intent on addressing any of that
establishing a fact not in the assertion’s underlying merits.
bill that, if established,
plea bargaining n. A negotiation
negates the merit of the
between prosecutor and
complainant’s case.
defendant in a criminal case in an
dilatory plea. One that attempt to reach a mutually
contests the grounds of a satisfactory middle ground and,
plaintiff’s case, other than its therefore, obviate the need for a
merits, such as wrong trial. Usually it consists of the
jurisdiction, wrong defendant, defendant’s pleading guilty to a
or other defects in the lesser charge in exchange for a
procedure. lesser sentence than he might
receive had he been convicted on
double plea. One having two
the original charge(s).
or more distinct and
independent grounds of plead v. To make a plea of
complaint for the same issue “guilty” or “not guilty” in court in
and requiring each one of response to a criminal charge; to
those grounds to be answered file a pleading; to answer a
separately. peremptory plea. plaintiff’s common law
One directly responding to the declaration.
408

pleadings n. Formal, written police power

declaration in legal form of logical
statements setting forth the facts supplemental pleading. One
of the plaintiff’s allegations or the that asserts a claim or
defendant’s responses, and or defense based on events that
the reasons why each party occurred after the original
believes that she is in the right pleading was filed, or which
(that is, the grounds). corrects defects in the original

amended pleading. One pleadings.

submitted to the court later pleading the Fifth Amendment

than the original pleadings, See self-incrimination, privilege
correcting or adding to them. against.
defective pleading. One that pledge n. an item of property
either in form or substance given as security for a debt or
fails to meet minimum performance. plurality opinion
standards of sufficiency or See opinion.
accuracy.
pocket veto n. Under the United
pleading in the alternative. States Constitution, if the
One in which there are two or president does not sign a
more independent claims or congressionally passed bill within
defenses that are not ten days after receiving it, the bill
necessarily consistent, such becomes law, even without his or
as negligently inflicting pain her signature. However, if the
and suffering, and president neither signs nor vetoes
intentionally causing property the bill and Congress adjourns
damage. within that ten-day period, the
409

legislation will become law only if Amendment to the United States

the president signs it. Therefore, Constitution, and is subject to and
by not signing it, the bill is bound by considerations of due
effectively killed. process. polling the jury

point of law n. An individual legal

issue or proposition at the heart polling the jury v. After a jury’s

of a case. verdict has been rendered,

asking each individual member of
reserved point of law. A
a jury to confirm his or her vote,
holding of a difficult legal
in order to ascertain unanimity, if
issue that the judge holds in
requested by the defense.
abeyance so that further
testimony in the case may poll tax n. A per capita tax of a

proceed. fixed amount charged each

person to register to vote, or to
police power n. The inherent
vote. Such a charge is prohibited
power and obligation of a state
in federal elections by the
government or sovereign, usually
Twenty-Fourth Amendment to the
delegated in part to
United States Constitution. State
municipalities, to make whatever
laws requiring such fees have
laws are appropriate and
been ruled to violate the equal
necessary to maintain public
protection clause of the
safety and security, morality,
Fourteenth Amendment.
health, and propriety, which can
neither be surrendered by the polygamy n. The condition of

legislature nor transferred in toto having more than a single spouse

away from the state. Such power at one time.

is conferred by the Tenth

410

pornography n. Media or speculating. posse See in

photographs showing erotic or posse.
sexual behavior in a way
posse comitatus n. Latin. Power
designed to cause sexual
of the county. 1 A sheriff may
arousal. Pornography is protected
summon citizens to assist him in
by the free speech provision of
making an arrest; hence posse in
the First Amendment to the
the traditional Old West sense. 2
United States Constitution, unless
A federal statute prohibiting the
it is found to be obscene. See
Army and Air Force from direct
also obscenity.
participation in civilian
portfolio n. The total of the lawenforcement activities.
securities (consisting of stocks,
possession n. Exercising
bonds, certificates of deposit, and
dominion over property; having
so on) held by an individual at
custody and control of property.
any one time.
See also custody and
positive law n. The body of laws ownership.
that have been enacted in a
actual possession. Immediate
particular community and that are
physical control, and,
upheld by the courts of that
therefore, occupancy, of real
community, as distinct from
property.
natural law.
adverse possession. See
positivism n. The view that true
adverse possession.
knowledge comes from studying
constructive possession.
observable traits and actions
Having the power and
rather than through reasoning or
intention of exercising control
and dominion of real property,
411

but lacking actual presence on exclude others for the present,

or direct control of same. exercised by one who is not
necessarily the owner. A current
criminal possession. Unlawful
or future exclusive right to
possession of proscribed
possession and use of a property.
articles, such as drugs,
assault weapons, and so on, possibility n. The chance of
or being in possession of something’s happening,
something that individual is regardless of whether or not it
proscribed from possessing. actually occurs; a contingent
interest in property, whether real
hostile possession. See
or personal.
hostile possession.

notorious possession. See possibility of reverter n. A future

notorious possession. interest retained by a grantor of

an estate so that the grantee’s
peaceable possession. See
right to the estate would
peaceable possession.
terminate and pass back to the
possessory action n. A lawsuit grantor, should a certain pre-
undertaken to gain physical specified event or act actually
possession of a premises or other occur.
real property, but not to take title
post v. Latin. After. After in time,
to it. A possessory action may be
order, or position; behind. See
instituted to evict a tenant who
also ante.
overstays a lease’s term, or who
is behind in payments. post-conviction relief
proceedings n. Federal or state
possessory interest n. The right
procedure whereby a convicted
to control a property and to
criminal can request that a
412

conviction or sentence be the coroner to ascertain the

corrected or vacated. Also called cause of death.
PCR actions. post facto See ex
postnuptial agreement n. An
post facto.
agreement between a husband
Post hoc ergo propter hocLatin. and wife stating the rights of each
After this; therefore because of party in the event of the other’s
this. An illogical notion that death, or in the case of a divorce,
because one thing occurred after generally made at a time when
another, it must have been neither eventuality is deemed to
caused by the first thing. be imminent.

posthumous child n. Child born pot n. Slang. Marijuana. See also

after death of one of its parents. controlled substance.

posting n. A form of substitute preamble

process service by which the
document is displayed in a pourover n. A statement in a will
prominent place, in order to directing that certain money or
assure public notice. It is usually property should be placed into an
used as a last resort, when all already existing trust.
other attempts at service have
power, enumerated See
failed. A method of publishing an
enumerated power. power,
ordinance by affixing it to the
implied See implied power.
courthouse door.
power, inherent See inherent
post mortem adv./n. Latin. After power.
death. Generally used to refer to power of appointment n. A
the examination of a corpse by donee’s power, once authorized
by the donor, to name the
413

beneficiaries of the donor’s party to do something or to show

property or income. The donee cause why it has not been
may not select anyone other than already done.
him- or herself. The donor may
prayer n. A request attached to
create this power by deed or by
the end of a pleading asking for
will, and it may be vested in any
specific damages or relief to
adult individual, or the donor may
which the plaintiff believes he is
reserve the power for his or her
entitled.
self.
preamble n. An opening
power of attorney n. 1 A written
statement in a document that
instrument whereby someone is
declares the document’s purpose.
granted the right to perform
It is commonly found at the
certain acts as the agent of the
beginning of a constitution,
grantor; that is, acting in the
statute, or other legal document.
grantor’s behalf. 2 The actual
authority granted in this way. precatory

practice 1 n. The rules and

precatory adj. Expressing a
procedures that cover all aspects
desire for, requesting, or advising
of the proceedings of a court of
action, but usually in a
law. 2 n. A law practice. 3 v. The
nonbinding way, such as, “it is my
practice of law. 4 n.
desire and wish to . . . .”
a habit.
Precatory words are often used in
praecipe n. Latin. 1 Command, wills and similar documents.
order. A written order or request
precedent adj. Something that
to the clerk of the court. 2 A
came before, hence preceded the
written court order commanding a
event currently in question, such
414

as a previously decided case. It stock in terms of deriving

may serve as a model for the dividends or income.
interpretation of a law, or
preference n. A debtor’s
disposition as a case. preclusion
transferring of property to a
of issue See estoppel.
creditor in advance of filing a
preemption n. 1 In law, the bankruptcy petition, so that the
doctrine coming from the creditor receives more than would
Supremacy Clause of the United have been received under
States Constitution asserting that bankruptcy, to the detriment of
in legislation on the same subject, other creditors.
federal legislation takes
prejudice n. A leaning toward
supremacy over state or local
one side in a lawsuit; an opinion
laws. 2 The right to buy
held favoring one side without
something before anybody else. 3
having heard the case; a
An earlier seizure of some
predisposition or bias. See also
property, real or personal.
dismissal (dismissal with
preemptive right n. The right to prejudice) and (dismissal without
the first opportunity to claim land prejudice).
subject to being preempted; the
preliminary hearing n. A criminal
right of existing shareholders in a
hearing, usually before a
corporation to have the first
magistrate, to determine whether
opportunity to buy new shares
there is enough evidence to issue
when issued.
an indictment against a person or
preferred stock n. Stock that has to warrant that person’s being
a higher value than common held in custody. preliminary
injunction See injunction.
415

premeditation n. An intention to by two people intending to marry,

act in a certain manner prior to so in order to set forth the issues of
acting, as in “premeditated property rights and support in the
murder,” meaning the act of case of divorce or death. See
killing after contemplation and also postnuptial agreement.
intent to do so.
preponderance n. Superiority in
premise n. A prior statement importance, influence, or weight.
upon which a conclusion is
preponderance of the evidence
deduced.
n. A more convincing amount of
premises n. 1 Property and the evidence than the other side has;
structures that are on that the general standard for finding
property. 2 Preliminary for one side in a civil case;
statements in a document upon enough proof to convince the
which later ones are predicated. judge that something is more
likely to have occurred than not to
premium n. 1 Money paid to an
have occurred.
insurer in exchange for coverage.
2 Money paid by a buyer for an prescription n. The role that the
option to buy stock or property. 3 passage of time plays in the
A reward for a job after it has making and ending of certain
been done. rights. A way to acquire an
easement on or in real property
premium, unearned n.
belonging to another by
Insurance, portion collected that
occupying it continuously for a
must be returned to insured if
prescribed period of time. See
policy is cancelled.
also adverse possession.
prenuptial agreement n. An
agreement made before marriage
416

prescriptive easement See which is signed only by the

easement. foreman. Presentments are
obsolete in federal courts. 2 The
presentence hearing n. A
production of a formal negotiable
proceeding following a criminal
document, such as a promissory
conviction at which a jury or judge
note, for payment. 3 The delivery
examines all particulars relevant
to a court of a formal document
to the criminal and his or her
about a legal matter to be dealt
offense, before passing sentence.
with.
presentence hearing report n. A
present sense impression n. A
report usually prepared by the
person’s impression of an event
probation department
either while or immediately after
enumerating the convicted
its occurrence. Such impression
person’s prior criminal record,
is admissible evidence, even if it
aand educational, family,
is hearsay.
employment, and social
background; intended to assist presumption n. A legal
the court at the pre-sentence assumption that something is a
hearing. fact based upon another proven
fact or set thereof. The
presentment n. 1 A formal
presumption is given sufficient
written document of accusation
weight, once established, that an
returned by a grand jury on its
even greater amount of evidence
own, without the prosecutor’s
to the contrary would be needed
having submitted a prior request
in order to contravene it. It has
for indictment. It is signed by all
the effect of shifting the burden of
members of the grand jury, as
proof or that of producing
distinct from an indictment,
evidence to the opposing party.
417

See inference. pre-trial rather a placing of the burden of

detention proof entirely upon the justice
system.
conclusive (non-rebuttable)
presumptive evidence n.
presumption. A presumption
Evidence that is treated as
that no amount of evidence or
sufficient for a guilty verdict
argument is strong enough to
unless contradicted and
overcome.
outweighed by presentation of
rebuttable presumption. A rebuttal evidence. See also
presumption that is strong presumption.
enough to make a prima
pretermitted heir n. An heir who
facie case, but that is subject
was born after a decedent’s will
to being overcome by the
was drafted, but before the death
presentation of stronger
of same. Because that heir was
evidence to the contrary.
not alive for and is as a result
presumption of innocence n. A unmentioned by the will, she
basic tenet of criminal law that a generally would take nothing
person is to be presumed to be under the will; however, most
innocent until he is proven guilty states have laws allowing a
beyond a reasonable doubt. The pretermitted heir of the decedent
burden of proving the person to take whatever a child’s share
guilty falls completely on the would have been had the
justice system, with the accused decedent died intestate.
bearing no burden of proving his
pre-trial conference n. An
or her innocence. The
informal conference among
presumption of innocence is not a
opposing attorneys and the judge
determination of innocence, but
418

in which the issues are narrowly be a danger to themselves or to

spelled out, and that, in civil the public at large.
cases, allows the judge to
price discrimination n. The
encourage both parties toward
illegal charging of different prices
reaching a settlement.
to different persons for the
pre-trial detention n. The identical or substantially similar
detaining of an accused person in goods or services. A violation of
a criminal case before the trial the Sherman Antitrust Act, price
has taken place, either pre-trial discrimination is also specifically
discovery addressed by the Clayton Act.

price fixing n. Artificially setting

because of a failure to post bail or
prices at a certain level, in
due to denial of release under a
exception to the workings of a
pre-trial detention statute.
free market, or conspiring to do
pre-trial discovery See same. The test is whether such
disclosure and discovery. actions or agreements restrain
prevailing party See party. free traders’ ability to sell
according to those traders’
prevarication n. A lie; deceitful or
judgment.
dishonest behavior; equivocation.
horizontal price fixing. Price
preventive detention n. A
fixing by competitors on the
confinement of an accused
same level, such as all
person pending trial, under terms
supermarkets selling cereal
of a statute authorizing denial of
for the same price.
bail to defendants charged with
having committed certain vertical price fixing. Price
offenses and/or are considered to fixing between or among
419

parties at different levels of dismiss. primary liability See

distribution, such as liability.
manufacturers and distributors
primogeniture n. Latin. First
trying to control retail price.
born. An ancient rule of descent
priest-penitent privilege n. by which the firstborn son inherits
Disclosures made to clergy all the property of his deceased
members while in active practice father, usually to the exclusion of
of their clerical duties as spiritual all his siblings. The purpose of
advisors are protected from primogeniture was to keep the
disclosure. Some states have estate (real property), the
broadened this privilege to ownership of which implied
include marriage counselors as power, from being subdivided into
well as those giving counsel for smaller and smaller parcels of
other difficulties. land.

prima facie adv. Latin. At first principal 1 adj. Of greatest

sight. Not in need of further importance. 2 n. One who
support to establish credibility or authorizes another to act in his or
existence; obvious, unless her behalf as an agent; any
disproved. person involved in the
commission of a criminal act.
prima facie case n. A case
supported by at least the minimal disclosed. A principal whose
amount of evidence needed to identity is shared by his or her
meet the requirement for trying it; agent with the third party.
adequate to be able to avoid a
principal in the first degree.
directed verdict or a motion to
The actual perpetrator of a
crime.
420

principal in the second jurisdiction in a case in which

degree. Someone who assists more than one court is involved.
in some way the principal in
prior restraint n. An
the first degree.
unconstitutional prohibition in
undisclosed. A principal advance of a publication or
whose identity is kept secret communication before such
by his agent. Both the communication or publication
undisclosed principal and the occurred. Prior restraint violated
authorized agent are liable for the First Amendment of the
fulfilling the provisions of a United States Constitution,
contract. prior inconsistent except in cases of obscenity,
statement n. A witness’s defamation, or its representing “a
statement made out of court clear and present danger” (Oliver
that differs from his or her Wendall Holmes, Jr.), and even in
testimony in court. Even such cases, it is rarely upheld.
though the prior statement
prison n. See penal institution,
may have been hearsay, it
jail, and penitentiary.
may be used for purposes of
impeaching the witness. privacy, right of n. The right to
be left alone, generally derived
priority n. A condition of being
from federal statutes assuring the
higher in rank, or degree, or
right to be free from unwarranted
having occurred at an earlier
publicity. It is usually recognized
time; taking precedence,
as being inherent in the right to
especially a creditor’s right to
liberty.
receive payment from a debtor
before others are paid; the private corporation See

initiating court’s exercising the corporation.

421

private necessity n. A necessity of the citizens of any state to be

that includes only the personal discriminated against by the laws
interest of the defendant and, of another state.
therefore, confers only a limited
privity n. A legally recognized
privilege or justification.
relationship of interest of two
private nuisanceSee nuisance. parties, be it in a transaction, a
piece of property, or a
privilege n. An advantage that is
proceeding.
not enjoyed by everyone; a
special exemption, immunity, or horizontal privity. The legal
legal right granted to a person or relationship between two
a class of persons; an exception. parties in a distribution chain
who are on equal level, as
privileged communications
between two consumers.
See communication.
See also vertical privity.
privy
privity of contract. The
relationship between the two
privileges and immunities The
parties to a contract that
phrase used in Fourteenth
confers a right to take action
Amendment to the United States
on the contract; largely
Constitution describing rights that
abrogated by enactment of
citizens have that derive from the
warranty laws, permitting suits
existence of the federal
by users of products despite
government, and include but are
lack of privity with
not limited to the right to travel,
manufacturers.
the right to vote in federal
elections, the right to discuss privity of estate. A joint or

national legislation, and immunity successive relationship to a

422

property involving transfer of amount to more than just

possession by contract, suspicion, but need not rise to the
judgment, or descent, as level of evidence justifying
between landlord and tenant, conviction, according to Fourth
or life tenant and Amendment to the United States
remainderman. Constitution.

vertical privity. 1 The legal probate n. A judicial procedure

relationship between links in a
product’s distribution chain. 2
The privity between a person
who signs a contract
containing a restrictive clause
and the person acquiring the
property that is so restricted.
privy n. Persons having a mutual
interest in the same thing or who
are connected by some relation
other than contract.
probable cause
probable cause n. A necessary
element of a legitimate arrest or
legal search and seizure;
reasonable ground to believe that
someone is committing or has
committed an offense. It must
by which a will or other
instrument is ruled to be valid
according to legal requirements;
the proving of the validity of a will
or such to the court.
probation n. A procedure
following conviction that permits
the party found guilty to be
released without doing prison
time, subject to conditions that
are placed upon him or her by the
court. Violation of any of those
conditions can lead to probation
being revoked and the person
being remanded to confinement.
a probative adj. Tending to
persuade one or to prove that a
certain proposition or allegation is
true. Relevant evidence may be
423

excluded by a court if its imposes penalties for criminal

probative value is outweighed by behavior through the devices
the threat of prejudicing a matter of arrest, trial, and punishment
unfairly. of the convicted criminal.

pro bono publico adj./adv. Latin. proceeds n. Money or a thing of

For the public good. Used to refer value that derives from a sale.
to the taking of cases by
proceeding n. The orderly
attorneys without expectation of
sequence of events that
compensation. Also called pro
constitute the progression of a
bono.
lawsuit or judicial procedure from
procedural due process See the time of commencement,
due process. through all acts and occurrences,
until and including the execution
procedure n. A specific course of
of the final judgment.
action; the machinery by which a
suit is carried on; the mechanics collateral proceeding. 1 One
of the legal process; written rules brought to deal with an issue
for legal proceedings, whether not directly germane to the
criminal or civil, codified in rule issue. 2 One instituted for the
books such as the Federal Rules purpose of modifying the
of Civil Procedure. result of a judgment while not
nullifying it.
civil procedure. A procedure to
determine the rights of the informal proceeding. See
parties, as distinguished from informal proceeding.
a criminal procedure. criminal
summary proceeding. See
procedure. The process by
summary proceeding.
which the government
424
process n. 1 A summons in
writing to compel the appearance
or response of a person before a
court; the proceedings in a civil or
a criminal case; the procedure by
which a disobedient or
recalcitrant defendant is made to
plead. 2 Patent law, the method
used to produce a thing or result.
abuse of process. Improper
use of process after it has
been issued; the wrong is not
in the obtaining of process,
but in the manner in which it is
used.
procuring cause n. Proximate
cause. produce v. To provide or
put forward.
Request to produce. Method
of written discovery used to
obtain documents or things from
opposing party. product See
work product.
product liability n. The legal
obligation of a manufacturer to
pay financial compensation for
any harm caused by a product
brought to market to a consumer
who had the right to expect that
the product was safe to use as
bought; a similar obligation of one
who sells such a product.
production n. Response to a
request to produce in which items
requested are put forth or given
to opposing party.
professional association See
corporation.
proffer v. A preliminary offering,
specifically with regard to
testimony or evidence, a preview
of what will be said or shown.
Also known as an offer of proof.
profit n. The amount of money
received for goods and services
minus the amount spent on
same; excess revenue. See also
profit à prendre.
profit à prendre n. French. Profit
to take. The right to take
minerals, soil, trees, animals, or
the like from the land of another.
425
pro forma adj. Latin. For form. 1
Done as a formality, rather than
because of conviction, in order to
make possible
proceedings. 2 In accounting
procedures, done in advance to
provide a what-if statement,
predict results, or to convince.
For example, a balance sheet
showing combined figures of two
companies in case of a merger.
progressive tax n. A tax that
increases in rate as the amount
of money being taxed increases;
for example, $20,000 is taxed at
5 percent, $20,001 to $45,000 is
taxed at 10 percent, and so on.
pro hac vice Latin. For this one
purpose or occasion.
allowing of something not usually
allowed, usually promissory
note
referring to an attorney who
normally could not practice in a
certain jurisdiction, but is allowed
to just for one case.
prohibition n. 1 A statute or
order forbidding a particular
action. 2 The time from 1920 to
further 1933 when alcoholic beverages
were banned by the Eighteenth
Amendment (which was repealed
by the Twenty-First Amendment)
to the United States Constitution.
prolixity n. Any unnecessary or
superfluous language or facts in
evidence or in pleadings.
promise n. An avowal to do
something or to refrain from doing
something, conveyed in such a
way as to assure another that it
will be done, and that can be
considered binding.
gratuitous promise. A promise
The
made without expectation of
compensation; one not
supported by consideration.
illusory promise. An
agreement cloaked in terms
that make it appear to be a
promise, but not actually
committing anything to
426

anybody; for example, “I’ll which a court’s judicial ruling is

back you up as long as it’s in based.
my interest to do so.” The
burden of proof. The
person who made that
responsibility placed on one
promise is not obligated to do
party to bring forward
anything.
evidence in support of his
promisee n. The person to whom cause; as to a plaintiff (in a
a promise is made, he who is to civil case) or a prosecutor (in
receive the benefit of a promise. a criminal case), the
requirement of bringing forth
promisor n. The person making
sufficient evidence to support
a promise to another, the one
a finding in favor of plaintiff or
who is to perform under the terms
the state.
of the promise.
standard of proof. Level of
promissory estoppel n. Principle
proof required to sustain
that one who has brought about
certain actions; varying levels
certain actions or expectations by
of proof required include
another because of promises
“beyond a reasonable doubt”
made shall be estopped from
(criminal cases), “by a
acting or failing to act in
preponderance of the
contravention of his promises.
evidence” (most civil cases),
promissory note See note.
“clear and convincing
proof evidence” (certain civil and
some criminal cases,
proof n. An establishment by including fraud).
evidence of the truth or falseness
of an alleged fact; evidence upon
427

proof of loss n. Evidence given value, such as a stock

by an insured to insurer to certificate, which is just a
support claim, both as to fact of piece of paper, but which
loss having occurred, and as to indicates ownership of stock.
amount of the loss. Something of value.

proper See Necessary intangible property. Property

and Proper Clause. that has no physical
existence, such as stock
proper lookout n. The obligation
options or goodwill.
of the driver of a vehicle to be
cautious so as not to hit another intellectual property. Property
vehicle or a pedestrian. having to do with patents or
trademarks.
proper partySee party.
personal property. See
property n. All of the rights of
personal property.
ownership, including the rights of
possession, to enjoy, to use, and public property. Community or

to dispose of a chattel or a piece state owned property that is

of land. not restricted to use by an

individual or a select few, and
common property. Property
over which the state or
held jointly by two or or more
community has dominion and
persons, or property that
control. real property. Land,
belongs to all citizens. See
real estate.
also community property.
tangible property. Property
incorporeal property. Property
with physical form and extent.
without tangible value, but that
represents something of
428
proponent n. Party advancing a
cause or position.
proprietary adj. Held by a single
particular person. Trade secret
laws hold that the person who
developed information or
knowledge has ownership and
property rights to her/his
proprietary material. That right is
usually protected by contract
rather than by patent.
pro rata adj. Latin. According to
the rate; in proportion. If a lawyer
charges $100 per hour, and she
works a quarter of an hour, her
pro rata fee would be $100/4, or
$25.
pro se adj/adv. Latin. For himself;
on one’s own behalf; on one’s
own. Characterization of one who
represents himself/herself in an
action without the assistance of
an attorney at law and who acts
as his/her own attorney of record.
prosecution n. A pursuing of a
lawsuit or a criminal trial; the
party pursuing a criminal
prosecution; the carrying out of
any activity or plan.
prosecutor n. The person or
persons who prepare for and
conduct the state’s case in a
criminal trial; the state’s attorney,
district attorney, or in the case of
a federal case, the United States
Attorney.
prosecutorial discretion n. A
prosecuting attorney’s option to
make choices with regard to
charges, plea bargaining,
sentence recommendation, and
so on.
prosecutorial misconduct n. An
illegal act or failing to act, on the
part of a prosecutor, especially an
attempt to sway the jury to
wrongly convict a defendant or to
impose a harsher than
appropriate punishment.
prospective adj. Effective in the
future. Newly enacted laws and
constitutional decisions are
429

almost always applied annoyance, undue burden, or

prospectively. expense due to an abuse of the
legal system; a restraining order.
prospectus n. Written
document issued by corporation, public defender
describing shares of stock and
offering same for sale. pro tempore adj./adv./n. Latin.

prostitution n. 1 Engaging in For the time being. A temporary

sexual activity for compensation. position or appointment. Also

2 Lowering in value, dignity, called pro tem.

class, and so on. protest n. A formal objection to

pro tanto adj./adv. Latin. To such something that is, will be, or has

extreme; as far as it goes; for just been done.

so much. Often, a partial payment provisional remedySee remedy.

made for invoking eminent
proviso n. A condition or
domain.
limitation that may determine the
protect v. To keep safe; to applicability of a document to
preserve something that already certain conditions or persons.
exists, as in protecting trade and
proximate causeSee cause.
protecting consumers.
proxy n. 1 One who receives the
protective custody n. State-
authority to speak for or act for
mandated confinement of an
another. A proxy is often allowed
individual to protect the person
to vote in place of a corporation’s
being harmed by self or others.
stockholder(s) at a periodic
protective order n. A court order meeting. 2 The authority itself.
intended to protect a party from
430
prudent adj. Cautious or
judicious in manner and/or
actions.
prurient adj. Characterized by
shameful or inordinate sexual
arousal or extraordinary sexual
urges. See also obscene.
psychotherapist-patient
privilege n. The same as priest-
penitent privilege but applying
to the relationship between a
mental health giver in the practice
of counseling and a patient.
publication 1 v. Announcing or
declaring to the public; the
distribution of a book, pamphlet,
or other work to the public. 2 n. in
libel, the act of communication of
the libelous matter. public
corporation See corporation.
public defender n. An attorney
hired by the government for the
purpose of defending anyone
who is accused of a crime but
who is unable to afford to hire an
attorney. The right to such a
defense is guaranteed by the
Sixth and Fourteenth
Amendments to the United States
Constitution.
public domain
public domain n. Government-
owned land; all publications,
processes, and inventions that
are not protected by patent or
copyright.
public figure n. A person who is
famous or notorious or who has
willingly become involved with a
public issue or controversy,
public interest n. The people’s
general welfare and well being;
something in which the populace
as a whole has a stake.
public necessity n. A complete
justification for a normally
unacceptable act, if it were the
lesser of two evils and done in
the public’s interest. See also
public interest. public nuisance
431
See nuisance. public property
See property.
public purpose n.
governmental action or direction
that purports to benefit the
populace as a whole.
public utility n. A company such
as an electric company or gas
company, the nature of which is
to be a monopoly in a particular
region. Because no free-market
forces can exist in this situation,
governmental regulation of such
companies is the norm.
publish n. To make generally
known to the public; to make
known to people who might or
would have not known without the
person’s having so acted.
puffing n. Extravagant claims
made by sellers to try to attract
buyers for their wares. Such talk
cannot be legally construed to be
a guarantee or be used as the
grounds for charging fraud.
punishment n. Sanctions such
as fine, confinement, or loss of
rights to property administered to
A
a person convicted of a crime.
pur autre vieSee per autre vie.
purchase n. The acquiring of
property in exchange for money
or other valuable consideration.
See also descent and
distribution.
purchase money security
interest See security interest.
purchaser n. One who receives
property in exchange for money
or valuable consideration.
bona fide purchaser. One who
purchases property for value,
without notice of any defects
in title.
pure plea See plea.
purge(ing) contempt See
contempt.
pursuit of happiness n. An
inalienable right enumerated in
the Declaration of Independence,
432

in addition to life and liberty; the

right to pursue any legal activity
as long as it does not infringe on
the rights of others.

purview n. The main part of a

statute, as distinguished from its
preamble or post script; scope;
area of operation.

putative adj. Supposed rather

than real; believed; reputed.

puts and calls n. Stock market

terms; a “put” is a privilege of
delivery or nondelivery of the
subject matter of a sale; a “call” is
the privilege as it relates to calling
for or not calling for it.

pyramiding n. An illegal scheme

in which paper profits are used to
finance the purchase of additional
investments, or the offering of the
opportunity to a participant to be
paid for the chance to introduce
new persons to the scheme who
will each pay for the opportunity
to introduce new persons, and so
on.
433

of one person (the alternate

Q
payee) to participate either totally
or partially in the pension of
another (the participant). The
alternate payee must be a
dependent child, spouse, or
former spouse of the participant.
This is an exception to the ERISA
rule, proscribing the assignment
Q abbr. The abbreviation used in
of plan benefits. Abbreviated
trial transcripts and depositions to
QDRO.
mark each question asked.
quantum Latin. An amount; the
QDRO abbr. See qualified
necessary or desired portion; the
domestic relations order.
required or needed amount or
quaere v. Latin. To query or share.
inquire. Used in law textbooks to
quantum meruit Latin. Equitable
indicate that a point was dubious
formula for determining how
or questionable.
much to award to one who has
qualified disclaimer n. A provided goods or services to
disclaimer stating that the another who has not paid, based
taxpayer has no interest, for on the reasonable value of the
federal unified estate tax goods or services; the equitable
purposes, in the disclaimed principle that one who has
property. received the benefit of a bargain
qualified domestic relations should not be permitted to be
order n. Any decree, judgment, unjustly enriched.
or order that recognizes the right
434

quantum valebant Latin. 1 The suppress, as in quashing an

reasonable worth of goods or uprising or revolt.
services, used to compute fair
quasi Latin. Alike in some sense,
and reasonable damages; the
but not in actuality; resembling
market value. 2 A commonlaw
something but not really being it;
action of assumpsit for items sold
nearly; almost like.
and delivered, in order to recover
proper and appropriate payment quasi contracts. See contract.

for same. quasi criminal. A proceeding

quare clausum fregit Latin. An similar in nature to a criminal

early form of trespass onto trial in that the defendant, if he

someone else’s land, whether or loses, will be subject to

not that land actually had a penalties such as fine, loss of

physical fence around it. The job, or confinement, yet it is

plaintiff would argue that because not a criminal trial presided

the defendant had broken the over by a judge. A parole

boundary “with force and arms,” hearing or a probation hearing

the former was due damages. are two examples of such.

quasi in rem. See in rem.
quash v. 1 To suppress a legal
document, particularly a question, federal See federal

subpoena, for reasons based on question. question, leading See

defect in manner of service or for leading question.

other procedural or substantive question of fact n. An issue in

reasons that invalidate the dispute that is left to the jury to

document; to void or terminate; to resolve, because it is not clearly

vacate a judicial decision. 2 To covered by any law. A judge then

rules on what the law says must
435
be done. Questions of fact are
usually decided in lower courts
rather than on appeal. See also
fact-finder. question of law
question of law n. The legal
significance of the question of
fact; a disputed legal question,
left to a judge to determine.
Appellate courts usually make
their determinations based upon
questions of law rather than
questions of fact.
quia timet n. Latin. A legal
remedy sought in an equity court
to enjoin someone from doing an
anticipated damage. Such
remedy may be granted if the
petitioner can show imminent
and irreparable harm would be
done.
quid pro quo n. Latin.
Something exchanged
another thing of approximately
equal value, not necessarily in a
monetary sense.
quiet enjoyment n. To have the
undisturbed use or possession of
something, particularly conveyed
or leased property. Often
expressed in a lease by a
covenant of quiet enjoyment.
See also eviction. quit v. to
leave or surrender possession.
qui tam Latin. An action that
grants the plaintiff a portion of
the recovered penalty and gives
the rest of it to the state. The
plaintiff is said to be suing for the
state as well as his or herself.
quitclaim n. A formal
renouncement of one’s right to or
a interest in something. See also
deed.
quitclaim deed n. An instrument
which transfers all of the right,
title and interest that the conveyor
has in a piece of property, but
for with no warranty or assurances
that the conveyor has good and
legal title; risk of liens or
436

encumbrances pass to the charter of a corporation that has

transferee. abused or for a long period failed
to exercise its franchise.
quorum n. The number of
persons who must be present in a

R
group for official action to be
taken, e.g., a “quorum” of the
board of directors must be
present in order to take a vote;
the number of individuals
constituting a quorum may vary
from body to body.

quotation n. 1 A passage, from Racketeer Influenced and

an authority, that is quoted, cited, Corrupt Organizations Act n.
and attributed to its source. 2 The This law, enacted in 1970, is
statement of the price of a stock designed to fight activity by
or other financial instrument. organized crime and to preserve
the integrity of the interstate and
quotient verdict n. An improper
international marketplace by
verdict that a jury may arrive at by
investigating and prosecuting
taking the arithmetic mean of
individuals conspiring to
what each juror believes to be an
participate or actually
appropriate award.
participating in racketeering. Note
quo warranto Latin. 1 A common that it has no force in intrastate
law writ inquiring into the authority commerce. Abbreviated RICO.
by which a public official claims See also racketeering.
his/her office. 2 A state action
with the intent of revoking the
437

racketeering n. A system of other than his wife, by force or

organized criminal extortion of with threat of violence and
money or favors from businesses against her will; unlawful sexual
through the use of violence, act with an unwilling other, and
intimidating, or other illegal usually involving threat of
means; a pattern of illegal activity violence. 2 v. to commit the act of
carried out by a criminal group or forcible sexual intercourse.
syndicate, including but not
date rape. Rape committed by
limited to fraud, murder, extortion,
the victim’s escort to a social
and bribery. See also bribe,
event, also known as
bribery, extort, extortion, and
acquaintance rape or
fraud. raised check See check.
relationship rape.
ransom 1 n. The money paid to
statutory rape. Sexual
secure the release of a person
intercourse with an individual
held captive, whether as a result
who is a minor or under the
of having been kidnapped or
age of consent (today, usually
captured in some other way; the
18), by an adult. Neither
release of a captured person in
consent of the minor, nor
exchange for money or other
ignorance of the minor’s age,
consideration. 2 v. To gain the
can be used as a defense.
release of a captive by paying the
price demanded; to hold a person rap sheet n. Slang. A person’s

captive and insist on payment as criminal record.

the condition of release. ratable 1 n. Taxable property; a

rape 1 n. In common law, the ratable distribution is a pro rata

felony of a man having illegal share of the assets of a

sexual intercourse with a woman

438

bankruptcy. 2 adj. Capable of ratify v. To affirm or approve,

being appraised or apportioned. usually after the fact.

rate n. A fixed or stated price for ratiocination n. Reasoning; the

a specified unit of a commodity or process of exact, rational,
service, such as $2 per pound or reasoning something through.
$9 per hour; a percentage of an
ratio decidende
amount, such as 5 percent
interest on capital; a relative or
ratio decidende adj. Latin. The
proportional value.
reason for deciding. The rule of
ratification n. Affirmation or law or principle on which the
approval; adoption of an action court’s decision is based. See
that was done on one’s behalf also obiter dicta.
and treating that action as if it had
rational basis test n. A principle
been authorized by that person
of analysis under the due process
before the fact of it having been
or the equal protection clause,
done. By ratifying an act or
which may be used to either
action, a person becomes
uphold or void a law based upon
responsible for the consequences
the law’s serving to reasonably
of that act or action. Ratification
attain some legitimate
by a two-thirds vote of Congress
governmental objective. If
is needed to propose a
violation of a specific right is
constitutional amendment, which
charged, such as a restriction
must then be ratified by three
based upon color, religion, and so
fourths of the states for it to take
on, the law must be tested by
effect.
strict scrutiny, a more stringent
test.
439

ravish v. To take by force or recognition. real party in

seize is the literal meaning of the interest See party.
word. It is generally synonymous
real property n. Land, including
with rape. Traditionally, an
whatever is attached to its
indictment for rape demanded
surface, such as buildings, trees,
inclusion of the word ravished,
and so on; everything beneath its
which implied use of force and or
surface, such as minerals; and
violence by the man and
the air space above it. This is
resistance by the female.
distinct from personal property,
real estate n. Land and any which is movable. See also
permanent structures attached chattel and property.
thereto; any interest in same. See reapportionment n. The altering
also real property. of the boundaries of a legislative
district in order to reflect shifts in
real evidence n. Objects
population distribution. See also
produced for inspection at trial.
gerrymandering.
See also evidence.
reargument n. The bringing of a
realization n. A transformation of
court’s attention to some
non-monetary assets into cash; a
substantive principle that was
transaction such as a property
overlooked or misrepresented
sale that impacts upon the
during the initial arguments
taxpayer’s wealth to the extent
before that court, usually
that it may trigger the imposition
occurring before the court
of an income tax. If the tax is, in
reaches its decision. See also
fact, imposed, the transaction is
rehearing.
said to be recognized. See also
440

reasonable adj. A standard for exhibited negligence by not taking

what is fair and appropriate under the precautions that the
usual and ordinary hypothetical reasonable person
circumstances; that which is may have taken under the given
according to reason; the way a circumstances, or by doing
rational and just person would something that a reasonable
have acted. reasonable care person would not have done.
See care. reasonable diligence
reasonable time n. The
See diligence.
subjectively determined amount
reasonable doubt n. The amount of time that should be needed to
of doubt that would cause one to complete what a contract requires
believe that the defendant might to be done; how long the Uniform
not actually be guilty of the Commercial Code provides for
charged offense(s). “Beyond a
reasonable doubt” is the amount
of certainty that a juror must have
in order to find a criminal
defendant guilty as charged. See
also moral certainty and
preponderance of the evidence.

reasonable man (or person) n.

An imaginary person who is used
as the legal measuring stick
against which to determine
whether or not a defendant
exercised appropriate caution in
an undertaking, or whether he
441

an offer or goods to be accepted diverse claims. A receiver is often

or rejected by a buyer or for appointed in proceedings
substitute goods to be provided concerning insolvency. 2 In
by the seller before one or the criminal law, a receiver is one
other becomes in default. who accepts or obtains
possession of goods that are
rebuttable presumption See
known to be stolen, and as such
presumption. rebuttal evidence
is in turn a violator of the law. See
See evidence.
also liquidate and fence.
rebutter n. Someone who rebuts;
a common law defendant’s receivership n. The situation of

pleading in response to the being in the control of a receiver;

plaintiff’s surrejoinder. functioning as a corporate- or

court-appointed receiver; the
recall n. 1 A removal of a public
proceeding at which a receiver is
official from office by means of a
appointed by the court. See also
popular vote to prematurely end
bankruptcy.
his or her term of service. 2 A
product manufacturer’s receiving stolen property See

requesting the public to return receiver and fence.

faulty products for replacement or recidivist n. One who commits a

repair, required by the Consumer second (or higher numbered)
Safety Act. receivables See crime; a repeat offender; a
account receivable. habitual criminal. Such a person

receiver n. 1 A disinterested is usually subject to extended

party chosen by a corporation or confinement under habitual

by a court to collect and protect criminal statutes. See also

property that is the subject of criminal. recognition

442

reciprocal agreement n. recital n. Formal statement(s) in

Obligations assumed and a written document that sets forth
imposed by two parties as mutual certain facts that form a basis or
and conditional upon the other reason for the agreement or
party assuming same obgliations. transaction which follows;
generally prefaced with the term
reciprocal wills n. Wills prepared
“whereas,” as in “Whereas, the
and signed close in time, with
parties intend by this agreement
mutual and interchangeable
to set forth their agreement to
bequests, generally between
divide all their marital property in
spouses.
anticipation of divorce.”
reciprocity n. An agreement or
reckless disregard n. An act of
relationship between states, or
proceeding to do something with
localities, where special
a conscious awareness of
advantages are bestowed upon
danger, while ignoring any
citizens of A by B in exchange for
potential consequences of so
similar advantages being
doing. Reckless disregard, while
bestowed on citizens of B by A.
not necessarily suggesting an
For example, State A may allow
intent to cause harm, is a harsher
attorneys who are properly
condition than ordinary
licensed in State B to become
negligence. Proving a
licensed in State A without taking
defendant’s “reckless disregard
a bar examination, if State B
for the truth” is the standard for
affords the same privilege to
success of a plaintiff in a suit for
lawyers who are properly
libel.
licensed in State A.
recognition n. Acknowledgement
that something was authorized to
443
be done; the acknowledgement of
someone’s or something’s rank or
status, especially the diplomatic
recognition of another country; a
subjecting to income tax, under
the federal income tax laws. See
also realization.
recognizance
recognizance n. A bond made to
a court, and recorded, of an
obligation to do something, which
if the person so bound fails to do
will require the payment of a
preset sum of money. Most often,
a recognizance is in the form of a
bail bond that guarantees an
unimprisoned criminal
defendant’s appearance for trial.
See also bail, bond, and release
on own recognizance.
recognizance, one’s own See
release on own recognizance.
record 1 n. A documentation of
things past in writing; often the
exact history of a legal
proceeding; information stored in
electronic form on some medium
such as computer drive, CD, or
DVD; the official transcript of a
trial or proceeding that contains
its word-by-word documentation.
2 v. the act of filing a document
with a court or official office, as in
“to record a deed.”
record on appeal. A
presentation to an appellate
court of all the testimony and
items introduced into evidence
in the lower court, plus the
compiled pleadings, briefs,
motions, and other papers
filed with the inferior court.
record, public. Any document
affecting real property, such
as a deed or a mortgage
concerning land within a
particular jurisdiction of the
government keeping that
record.
record date n. The date by which
a corporate shareholder must be
444
registered in order to be eligible
to receive dividends or to vote on
company business.
recording acts n. Statutes that
affect the recording of deeds or
other interests in real property.
They are designed to protect
bona fide owners from previous
unrecorded interests.
record owner n. The owner of
real property and stocks, bonds,
and other financial instruments as
shown by public records.
recoupment n. A recovery of
expenses; a reduction or
withholding for legitimate
reasons, of part or all of an owed
amount; a defendant’s right to
have part of the plaintiff’s claim
reduced as the result of a breach
of contract by same in the course
of the same deal.
recourse n. A course of action for
enforcing a claim; the right of the
holder of a note to demand full
payment of that note if the terms
are not fully honored; the right to
be repaid from the borrower’s or
cosigner’s personal assets in
excess of the collateral.
recover v. To get back the full or
an equivalent amount; to obtain
through a legal judgment; to be
awarded damages.
recovery n. The getting back of
something that was taken away;
the amount awarded by a decree
or judgment; the establishment by
a court of a right to something by
decree or judgment of a court.
recusal n. A judge’s removing
him- or herself from a trial or
hearing, because of bias,
prejudice, or an interest in the
matter being decided.
recuse v. To remove as a judge
from a trial or hearing, because of
bias, prejudice, or an interest in
the matter being decided; to
object to or challenge the
qualifications of a judge to hear a
445

case due to a possible conflict of redress n. Relief, restitution, or

interest. damages.; a way of seeking
remedy once the statute of
redemption n. A reclaiming or
limitations has expired. See also
rebuying something by virtue of
relief, remedy, recovery, and
paying off a debt or settling some
restitution.
other predetermined condition of
ownership; a buying back of its reductio ad absurdumn. Latin.
outstanding stock by a corporate Reduction to the absurd. In logic,
entity; the right of a debtor to buy disproving an argument by
back property from someone who demonstrating that it leads to a
bought it at a creditor-initiated ridiculous conclusion.
forced sale.
reentry n. The resumption of
red herring n. A topic that may or possession of a parcel of land by
may not have general one who had formerly possessed
significance, factual or legal, but it and who reserved the right to
that is of absolutely no relevance resume same when the new
to the question or matter at hand. holder released it; the right of a
re-direct examination See landlord to repossess a leased
examination. premises after a tenant has
defaulted on the terms of its
redlining n. An unlawful
lease.
discrimination in granting credit
practiced by some financial referee n. A quasijudicial master
institutions, based upon the appointed by a court to assist
prospective borrower’s living in a with a specific matter, and who in
socalled “undesirable” or “bad” certain jurisdictions is permitted
neighborhood. to take testimony and determine
446
factual issues that, eventually,
are reported back to the court for
judgment. See also master.
referendum n. A passing of
responsibility for a piece
legislation, a constitutional
amendment or some other public
issue to the public at large to vote
upon; the vote in such an issue.
See also initiative.
reformation n. A rewriting of a
deed or contract that does not
express what was actually agreed
upon, only when it can
demonstrated in a clear and
convincing manner that a mutual
mistake was made. There will be
no rewriting if the mistake was
made by one party only, unless it
was caused by the other party’s
registered representative
fraud. Reformation is considered
to be an equitable remedy.
refusal n. Rejection of goods or
denial of services to which a
person is entitled; not completing
a contract by either
nonacceptance or nonpayment
for goods or services; a chance to
accept or reject something before
of
any one else is offered that
chance; the privilege of being
afforded such a chance, also
known as the right of first
refusal.
register v. To formally enter in a
public list (as in register to vote);
to make a record of (the defense
registered an objection); to file a
be
stock with the Securities and
Exchange Commission, which is
required before it can be offered
for sale.
registered (coupon) bond n. A
longterm, interest-bearing
instrument, in the form of a
certificate, issued to the public by
a corporate or governmental
entity as a way to borrow money
and registered on the books of
the issuer. The obligor promises
to repay the money on or before
447

a specific date and makes regular registered trademark n. A mark

interest payments until then. The filed in the United States Patent
owner of the bond is not a and
stockholder and has no Trademark Office, with a precise
ownership interest in the entity, description of the mark, including
but is only a creditor and the debt drawing or photograph if
is often secured by a lien on the appropriate; a registered
entity’s property. Interest is paid trademark confers upon its owner
by redeeming a coupon. See also the sole right of use, with
bond and debenture. protection against infringements
or use by others.
registered representative n. A
trained securities salesperson registrar n. An official record
authorized to take orders for keeper, such as the one who at a
securities from the general public university keeps the academic
and paid a commission on what records, or the agent of a
she sells. After six months or corporation who records and
more of training and after having keeps records of the names of
passed tests prepared by the stock and bond holders.
National Association and
regulation n. A rule issued by an
Securities Dealers and the New
administrative agency or a local
York Stock Exchange, that
governmental body prescribing
person is registered with the
conditions or authorizations that
various stock exchanges, and
must be followed by the public or
licensed by the state(s) in which
by public utilities; the process of
she plans to do business.
controlling by restrictions or rules.
registered trademark
448

regulatory offense n. A crime business. See also mitigating

that is not inherently wrong, but circumstance. rehearing n. A
that is illegal because it is second hearing or retrial before
prohibited by legislation. Some the same court that already ruled
examples of regulatory offenses to reconsider the issue on the
are exceeding the speed limit; grounds that there was an error
public intoxication; and hunting, or omission during the first time
fishing, or driving without the around. The pleadings and
appropriate license. Also known evidence already introduced in
as a statutory offense. See also the first trial will remain in
crime. evidence.

rehabilitation n. A restoration of rejoinder n. A pleading in

reputation and character, the common law, made by the
term has many context-sensitive defendant to answer a
meanings. In penology, it is the replication by the plaintiff.
process of improving the inmate’s
relation back n. The principle
character so he will become a
that an act committed at a later
productive member of society. At
time is considered as having
a trial, it is the restoration of a
occurred at the time of an earlier
witness’s credibility after it has
event; a judge’s application of
been impeached under cross
that principle.
examination. In the context of
bankruptcy, it is restoring a relative n. A person who is akin
corporation’s solvency by to another by virtue of blood; that
satisfying the creditors’ claims is a blood relation, such as sister,
with future earnings, so that the brother, aunt, uncle, parent, child,
corporation may continue to do and so on.
449

relator n. Individual who reports court of law, based upon the

or gives information upon whose logical relationship of the
word certain legal documents prospective evidence and the fact
may be given. that it is intended to establish.

release n. 1 Freeing from an reliance n. Dependence; trust;

obligation or commitment. 2 confidence in the support of
Liberating one from a duty or someone or something.
claim that she could have been
detrimental reliance. The
held legally liable for. 3
relying by one party on the
Surrendering of a right or title. 4 A
representations of another to
written permission to publish or to
the detriment of the first
quote in print, given to a
party’s position or welfare. It
newspaper or book publisher by
may be a cause for bringing
the quote’s legal owner. 5 A
an action for recovery of
discharge from custody,
damages due to fraud. See
confinement, or imprisonment,
estoppel.
whether with certain provisos or
unconditionally. reliction n. A gradual shifting of a
river’s course, causing it to
release on own recognizance
withdraw from its banks and/or to
n. A pretrial release of an
lower its level. The newly created
arrested person without bail, on
dry land, if the retreat is
that person’s promise to appear
permanent, becomes the property
for trial when it is appropriate to
of the owner of the adjoining
do so. Abbreviated ROR.
property; the changing of a
relevancy n. A test regarding the property’s boundary line by the
admissibility of evidence into a erosion of land by a river or
450
stream. See also accretion,
avulsion, and dereliction.
relief n. 1 Assistance or help
given to those who are in need;
especially financial assistance
provided by the state. 2 The
benefit or redress awarded to a
claimant by a court, or claimed in
a court, especially that which is
equitable in nature, such as an
injunction against future harm, as
distinct from monetary damages.
relinquishment n. Abandonment
of a right or thing. See also
abstention.
remainder n. The part of a
decedent’s estate that is not
otherwise specifically bequeathed
in a will; a future interest vested
in a third person, and intended to
occur after the termination of the
preceding estate(s). For instance
if a grant is made “to Bob for life,
and then to Erica,” Erica’s interest
upon the death of Bob is the
remainder.
contingent (executory)
remainder. A remainder given
to a person only if certain
conditions are met; one given
to a person not yet born; or
one left to a living person
whose identity is yet to be
determined. remitter
vested remainder. One going
to a person in existence and
without preceding condition
for immediate possession, but
then passed along to another.
In the preceding example,
Erica has a vested remainder
upon the death of Bob.
remainderman n. One who holds
an interest in a remainder,
whether contingent or vested,
and who will become its
possessor at some future time.
remand v. 1 To send back for
further consideration; an appeals
court may remand a case back to
the lower court for further action
or for a new trial; 2 To send a
451
prisoner back to custody after
denying a plea for bail.
remedy n. The way a right is
enforced or an injury is redressed
—most commonly by imposition
of monetary damages.
extraordinary remedy. A type
of remedy that is not usually
available, but that is used
when it is shown that it is
necessary in order to preserve
one’s rights. Writs
mandamus, prohibition, and
habeas corpus are examples
of such.
provisional remedy.
temporary remedy that
incidental to a regular legal
proceeding, but that is needed
to preserve the claimant’s
rights or to keep same from
suffering irreparable harm
pending the action’s
conclusion. Temporary
restraining orders, injunctions,
attachment, or appointment of
receivers are examples of
provisional remedies.
remedy, mutuality of See
mutuality of remedy.
remitter n. 1 The principle by
which a person holding two titles
to property and enters upon it by
the lesser, or more defective, title
is restored to the earlier or better
title. 2 Someone who sends a
payment to another.
of
remittitur
remittitur n. Latin. It is sent back.
A court’s order that reduces what
A it deems to be excessive
is damages awarded by a jury; the
process by which the court
proposes to reduce or actually
reduces damages without the
jury’s consent. See also additur.
remote cause See cause.
removal n. 1 An altering or
moving of a person or thing from
one location to another. 2 The
taking of an action from a state
452

court and transferring it to a committed with the purpose of

federal court. 3 A petition made foiling that activity.
by a defendant to have a case
reorganization 1 n. In
moved from one court to another,
bankruptcy, the restructuring of a
usually as in the second
business that permits the
definition.
continuation of the business even
render v. To formally announce a after partial discharge of debts. 2
verdict, either by announcing it in n. In tax law, a corporate
court or by filing a memorandum restructuring that involves merger
with the clerk; to deliver or with another corporation, or
transmit; to pay (render an acquisition of one corporation by
account); to provide (render a another. 3 v. The act of
service). organizing in a new fashion.

renounce v. To formally give up repeal 1 n. The annullment of an

title to; to abandon (renounce
title); to decline recognition of
(renounce one’s duty to serve).
rent n. Compensation (usually
monetary) paid for the occupancy
or use of (usually real) property.
renunciation n. Abandonment of
a right, whether open or tacit,
without transferring it to someone
else; in criminal law, the total
voluntary abandonment of a
criminal activity before it is
existing law by the enactment of
a new law. If the new law
declares the old law to be
revoked, the repeal is express. If
the new law has provisions that
contradict the old law so that both
cannot logically exist together,
the new law takes precedence
and the repeal is implied. 2 v. The
act of annulling a law.
replevin n. An action taken to
recover wrongfully taken
453
property, rather than recovering
only the value of that property
from the defendant; a court order
authorizing the return of the
plaintiff’s wrongfully
property.
replevy v. The recovery of goods
pursuant to a writ of replevin; to
get delivery of goods that had
been kept from the rightful owner;
to recover chattels as a result of
replevin.
replication n. The plaintiff’s or
complainant’s reply to
defendant’s plea or answer.
reply 1 n. A plaintiff’s response to
a defendant’s answer
counterclaim in a civil case; a
plaintiff’s response (with
court’s permission) to a charge
from a third party; in common
law, the answer of the plaintiff to
the answer or pleading of the
defendant; the reply may be
followed by a rejoinder by the
defendant. 2 v. the act
responding to a pleading of an
opposing party. reporter See
court reporter.
reports n. Formal written or vocal
taken
presentations of facts; written
records of a court proceeding
prepared by the court reporter
and filed with the clerk; bound
volumes of judicial decisions by a
certain court or group thereof.
representation n. A statement of
fact made with the purpose of
getting someone to become party
the to a transaction or contract. See
also misrepresentation.
representative n. Agent;
someone who is authorized to act
or
in place of and on behalf of
someone else, by that other
the
person for some special purpose.
A representative is entitled to
certain rights based upon her or
his status, including the right to
bargain on behalf of employees,
or to discovery of trial preparation
materials. See also personal
of
454
representative and registered
representative.
reprieve n. A temporary
suspension of a criminal
sentence (usually
penalty) for a certain period of
time, usually for the purpose of
examining new information or
permitting an appeal to take
place. A reprieve cannot prevent
the ultimate carrying out of the
judgment. See also clemency,
commutation, pardon,
executive clemency.
republication n. An affirmative
action to publish
instrument, such as a will, that
had been previously revoked or
repudiated. The revocation of a
subsequent will cannot revive an
earlier one without
affirmation or use of a codicil.
repudiation n. Words or actions
of a party to a contract that
indicate the intention of that
person to fail to carry out the
contract in the future; a threat to
breach a contract.
reputation evidence n. Same as
character evidence; see
the death evidence. requirements
contract See contract.
res n. Latin. The thing. The
subject of the matter—that is, an
action concerning an object or
property, rather than a person,;
the status of individuals.
rescind v. To cancel a contract,
and
whether unilaterally or by mutual
agreement and restore both
parties to status quo ante (the
anew an positions they would have been in
if the contract had never existed).
See also rescission.
reserved point
such an
rescission n. The termination of
a contract unilaterally by a party
for substantive legal reasons,
such as the failure of the other
party to perform its obligations;
or, the mutual termination of a
455
contract, with the result that both
parties are restored to the status
quo ante (see also rescind); a
remedy that one may seek in a
court of equity that results in a
termination of the contract as
though it had never existed.
rescript n. Written order by a
judge explaining to a court clerk
how to dispose of a case; the
written direction of an appellate
court to a lower one to enter a
decree in accordance with the
direction.
rescue n. The aiding of someone
who is in immediate and serious
peril; the unlawful release
(usually by force) of a person who
is legally imprisoned or under
arrest.
rescue doctrine n. The principle
in torts that a wrongdoer who
endangers a person
negligence is liable for
injuries sustained by someone
who acted reasonably
attempting to rescue the
endangered person. See also
Good Samaritan doctrine.
reservation n. A right held back
or given to the grantor, such as
some right, profit, or interest in
the estate or property that is
being granted; a delayed decision
by a court or other body on a
point of law; a preservation of the
right to dispute a point of contract
by a party nevertheless
performing same (such as,
performing under reservation).
See also under protest.
reserve n. An amount of money
or assets set aside against future
unrealized risks; monies set aside
by insurance companies to pay
losses that have not yet been
asserted or finalized. reserved
point n. See point of law. res
gestae
by
any
res gestae n. Latin. Things done.
in Either the events at issue or other
things, such as utterances, that
456

are contemporaneous with the resident alienSee alien.

res gestae; spontaneous
residual adj. A leftover;
statements or exclamations made
remainder; a residue. residuary
by the participants, perpetrators,
adj. Relating to a residual.
victims, or onlookers at or
residuary clause n. A clause in a
immediately following the event,
will that gives all the remainder of
be it criminal or the subject of
the estate, once the specific
litigation. As present-sense
bequests and devises are taken
impressions, they are excluded
care of, to one or more of the
from the hearsay rule. See
beneficiaries. residuary estate
excited utterance.
See estate.
residence n. A place of abode
residuary legacy n. The
with some permanence;
remaining estate after all claims
residence requires bodily
against the estate and specific
presence and is distinct from
legacies, except those authorized
domicile, which requires both
by the residuary clause, have
bodily presence and intent to
been satisfied.
make it one’s home. A person
may have many places of residuum n. What
residence, but only one domicile; remains after something has been
a house or apartment; the place taken away; residue.
where a corporation does
res ipsa loquitur n. Latin. The
business, or is registered to do
thing speaks for itself. An
business. See also domicile.
evidentiary rule in torts that the
resident n. One who lives in very fact that an accident
a particular place. A resident is occurred is enough to provide a
not necessarily a citizen. prima facie case of negligent
457
behavior. Rearending another
automobile is an example,
showing failure to maintain a safe
distance on the part of the rear-
ender.
resisting arrest n. Physically
opposing or obstructing a police
officer who is attempting to make
a legal arrest. The resistance is
deemed to be an assault and
battery upon the arresting officer,
and in no case can be regarded
as self defense.
res judicata n. Latin. A thing
decided. A doctrine whereby the
court’s decision is binding upon
the parties in any and
subsequent litigation concerning
the same case. In effect, it bars
the litigants from seeking to take
the same case to another court in
hopes of a different outcome, or
of raising new issues that were
not raised at the first trial.
respite n. A delay
postponement of a sentence, or
one granted to a jury or court for
further consideration or
deliberation. In all cases, it is
temporary.
respondeat superior n. Latin.
Let the superior respond. The
doctrine that an employer is held
liable for all wrongful acts or any
harm caused by an employee or
agent acting within the scope of
his employment or duties. See
also scope of employment.
respondent n. The party against
whom a civil complaint is brought;
the defendant in an equity case,
as well as the person who is the
all subject of an appeal.
responsibility n. The liability for
an act and the obligation to repair
any damage caused by that act;
in criminal law, a person’s mental
capacity to understand and
answer in court for her or his
actions; guilt. See also
or competent and capacity.
458

Restatement n. A treatise by the without a hearing. This

American Law Institutes that distinguishes it from an
attempts to describe general injunction. A court order issued
common law, incorporating its to prevent a family member or
growth as the result of various other party from harassing,
legal decisions. Restatements threatening, harming, seizing the
have been issued in relation to property of, and sometimes even
agency, conflict of laws, approaching or having any kind of
contracts, foreign relations, contact with another; a court
judgments, restitution, security, order issued to temporarily
torts, trusts, and unfair prevent a transfer of property,
competition. Although frequently pending a hearing.
cited in cases and commentaries,
restraint n. Limitation or
restatements are not binding on
confinement as in constraint on
the courts.
free assembly; forbearance; a
restitution n. A making good for holding back or prohibiting from
loss, damages, or injury, by doing something.
indemnifying the damaged party;
restraint, judicial See
return or restoring something to
judicial restraint.
its lawful owner. Useful in both
torts and contract law, restitution restraint on alienation n. A

is sometimes used in criminal law restriction on a person’s right to

as a condition of probation. transfer or to sell real property,

usually contained in a deed, and
restraining order n. A temporary
stating that should the grantee
restraining order (T.R.O.); a
attempt to violate the condition,
restraining order is always
the land would pass back to the
temporary, because it is ordered
459

estate of the grantor or to some resulting use n. A use of real

other party. It may restrict how property brought about by
the person may dispose of the implication and remaining with
land, prohibiting its being the conveyor when nothing of
retraction value is given in exchange by the
grantee.
sold to a particular person or
retainer n. A sum of money paid
group, or of its being sold in a
in advance to a professional in
certain way, such as at auction; a
order to secure services in a
trust provision that does the
particular case; a client’s
preceding.
authorization for a lawyer’s
Restriction Fragment Length representation in a case. See
Polymorphism n. The older and also attorney’s fees. retaliatory
more discriminating form of DNA eviction See eviction.
testing. Restriction Fragment
retire v. Applying to drafts, to
Length Polymorphism is a
redeem by paying out a sum of
process that breaks DNA strands
money; to withdraw from the
into tiny fragments at specific
market by buying back; a
points on the DNA chain. Also
voluntary leaving of public office,
known as HLA DQ Alpha, or
or other form of employment; a
simply DQ Alpha. Abbreviated
leaving the courtroom by the jury
RFLP. See also PCR and DNA.
to consider the case, or by the
restrictive indorsement See judge to her chambers.
indorsement. resulting trust
retirement n. The voluntary
See trust.
termination of employment upon
460

reaching a certain age. See retrial n. A new trial of an already

retire. litigated issue by the same court
for some substantive reason,
retraction n. The act of taking
such as a recognition of
back or withdrawing (a statement,
procedural errors in the first trial,
a plea, an accusation, or a
that made it unfair or improper.
condition of a contract); the
See also mistrial.
withdrawing or taking back of a
renunciation. See also retroactive adj. Referring to a
renunciation. retreat (duty to), law, a ruling, and so on affecting
rule matters that occurred
beforehand; affecting past
retreat (duty to), rule n. A happenings. See also
doctrine in criminal law found in prospective.
some jurisdictions requiring that, retroactive law n. A statute that
unless at home, at his or her treats with facts or occurrences
place of business, or in a something that took place before
situation where the assailant is a the statute was enacted. While
person the victim is attempting to unusual, a retroactive law is only
arrest, the victim in a murderous unconstitutional if it impairs
assault must attempt to retreat vested rights, interferes with
safely rather than resorting to obligations under contracts (such
using deadly force in self- as creating new obligations or
defense. In tort law, failure to attaching new disabilities), has
exercise retreat may result in the effect of an ex post facto law
liability’s being attached to the or bill of attainder, or is
party who could have retreated. prohibited by the United States
461

Constitution. Certain decisions revenue procedureSee revenue

granting new rights to criminal ruling.
defendants under constitutional
revenue ruling n. A published
law have been given full
decision by the IRS, printed in the
retroactive effect. While others
Internal Revenue Bulletin,
have been held to be effective
dictating how the federal tax code
only from the time of enactment
applies to a particular situation.
forward. See also ex post facto
Unlike private rulings, taxpayers
and bill of attainder.
may rely upon revenue rulings to
retrospective See retroactive.
calculate the tax consequences
return n. 1 An officer of the for them in similar situations.
court’s bringing back a court-
private ruling. An IRS
issued document, such as a writ,
determination of tax
and reporting how the officer had
consequences of a certain
done or why he had not done
transaction issued to and at
what that document had ordered.
the request of a private
2 An income tax return.
taxpayer only, and may not be
rev. rul. abbr. See revenue relied upon by taxpayers at
ruling. large.

revenue n. Synonymous with revenue procedure. An official

income, derived from whatever
source(s); that which comes back
as a return on an investment. See
also income. revenue bill See
bill.
IRS statement spelling out the
administrative practices used
by the IRS. For example,
methods for obtaining a
private ruling are often spelled
out. Abbreviated rev. proc.
462
reversal n. The setting aside or
overturning of a lower court’s
decision by an appellate court; a
turning around of the short-term
market price trend of a security,
either from downward to upward,
or the other way around.
reverse discrimination n. A term
used to refer to the exclusion of a
member of a majority class not
commonly discriminated against,
to compensate for the traditional
discrimination against a minority
member. For example,
management positions
traditionally filled by members of
the white race would be filled by
African Americans, Asians, or
Hispanics to the exclusion of any
white candidates, even if the
latter had seniority or were better
qualified by reason of education,
expertise, or temperament. It has
been contended that such
treatment, broadly known as
affirmative action, is in violation of
the equal protection clause of the
Fourteenth Amendment of the
United States Constitution, as
well as Title VII of the Civil Rights
Act of 1964. reversible error See
error.
reversion n. A future interest in
land created by operation of law
by a conveyance of property for a
specified period of time without
transfer of title to said land. Upon
expiration of the period of the
lease, the land reverts to the
lease grantor or his or her heirs.
Additionally, reversion may refer
to the part of an estate that the
grantor retains upon conveyance
of the rest of it. See also
remainder and reservation.
reverter See possibility of
reverter.
revest v. To vest anew; to return
title to the possession of the
original proprietor or of the donor.
review n. A judicial reexamination
of a court’s proceedings, or a
reconsideration by the same
463

court of its earlier decision. The revocable n. Capable of being

term is often used to describe an abrogated at the discretion of the
appellate court’s examination of a maker. See also revocation.
lower court’s proceeding. See
revocation n. An annulment or
also judicial review.
withdrawal of a conferred power
revised statutes n. Laws that or of a statute; a withdrawal of an
have been changed, altered, offer by the one doing the
amended, or reenacted by a offering; invalidation by the
legislative body. A reenactment is testator of a will, either by
generally thought of as having the superseding it with a new one, or
effect of a repeal and by destroying it.
replacement of the former law.
revolving credit n. A renewable
revival n. A reinstitution of a line of credit over a certain period
former will or deed that had been of time, usually synonymous with
revoked by virtue of a later credit card account. The
document. Of course, that later borrowed amount is repaid to a
document must be destroyed or merchant or bank over a length of
cancelled. Although some time in installments, consisting of
jurisdictions automatically part principal and part interest.
recognize the earlier will upon the Generally, the amount of interest
cancellation of the later right a creditor can charge is limited by
state usury laws. Often more
one, most jurisdictions require its expensive than other forms of
republication or some other credit. rev. stat. See revised
affirmation. statutes.

RFLPabbr. See Restriction

464

Fragment Length right of action

Polymorphism.
right of entry. The right to go
RICO abbr. See Racketeer
upon land or into a dwelling.
Influenced and Corrupt
Organizations Act. right of redemption. The right
to reclaim property previously
rider n. An addition or change to
sold or encumbered, by
a written document by way of a
paying full value plus any
supplemental writing; for
interest and costs.
example, a rider to an insurance
policy may modify or expand the right of way. The right of one
conditions of the original policy, vehicle to pass before
or may change amounts of another, as in “the car to the
coverage, or may delete certain right at a four-way stop sign
risks. has the right of way”; the right
to pass over the property of
right n. What is proper and
another, see easement; a
correct under the law, ethics,
piece of land upon which a
and/or moral code; something
railroad may construct its
owed a person because of a just
tracks.
claim; a protected and recognized
interest; a negotiable option to riparian rights. As to owners of
buy a new issue of stock at less land adjacent to waterways,
than market pricing; a claim or the right to use of the water,
interest in tangible or intangible the soil under the water, and
things. its neighboring land
structures, such as banks.
465

Generally refers to the right of right to counsel n. The right of a

a property owner whose land criminal defendant to be
includes a natural waterway to represented by a court-appointed
use that portion of the attorney if the defendant cannot
waterway as may pass afford to hire one. This is a
through his land, in whatever constitutional right guaranteed by
way the property owner the Sixth Amendment.
chooses to.
right to die n. The right of a
right of action n. The right to terminally ill person to refuse to
bring a particular case before a have her or his life extended by
court; a legally enforceable right. artificial or heroic means and
See also cause of action and often called passive euthanasia;
claim for relief. the withdrawal of feeding tubes
and other artificial means of life
right of election n. A spousal
support from a terminally ill
right to elect to receive the gifts
person. See also advance
bequeathed by the deceased’s
directive.
will, or to instead elect to receive
a share of the estate as put forth right-to-know act n. A federal
by statute. Also known as law (augmented by some state
widow’s election. See also statutes) that requires businesses
dower. that produce hazardous materials
to inform the community in which
right of first refusal See refusal.
it manufactures or stores those
right of privacy See privacy,
materials, and the employees
right of.
who may handle them, about the
right of subscription See
possible hazards.
subscription rights.
466

right to remain silent n. This ripeness doctrine n. The

right must be given to a suspect requirement that a case be ripe
in a criminal case before for judgment before a court will
interrogation begins. It grows out decide the controversy.
of the Fifth Amendment’s
risk n. 1 Peril, danger, the
guarantee against self-
chance of loss or injury. 2 Liability
incrimination, which coupled with
for injury, loss, or damage, by
the Sixth
statute placed upon the
Amendment’s right to counsel
manufacturer rather than the
give us the Miranda rule. Once
consumer, should it happen from
informed of these rights, the
normal use of a product.
subject has the option of waiving
them. risk management n. The
process of assessing risk and
right to work laws n. A law in
acting in such a manner, or
many states preventing
prescribing policies and
arrangements between labor and
procedures, so as to avoid or
management to require that a
minimize loss associated with
person must join a union in order
such risk.
to be employed by the business.
See also open shop. risk of loss n. A financial risk of
being responsible for destruction
ripe for judgment n. The time
or damage or the inability to
when a case has proceeded no
locate property that a party may
further than, but far enough, for
get stuck with when a transfer of
all the facts to have been
property is occurring. According
developed to the point where an
to the Uniform Commercial
intelligent judgment should be
Code, the risk is borne by the
able to be reached.
467
seller until some contractual
event occurs, at which point the
risk shifts to the buyer. The
phrase is also used in insurance
contracts to denote the hazards
that are covered by the insurance
policy.
robbery n. The illegal stealing or
taking of another’s property from
that person or another by
violence or by threat of violence;
aggravated larceny. The personal
threat of violence and implicit fear
on the part of the victim are
essential in order to distinguish
robbery from burglary.
armed robbery. Robbery
committed by a felon carrying
a dangerous weapon, whether
or not that weapon is actually
used or even shown. The
crime is tried as any robbery
would be in most states, but
the weapon serves to bump
up the severity of the crime.
ROR abbr. See release on own
recognizance.
Roth IRA n. A special form of
individual retirement account, in
which contributions are not tax
deductible when made, but that
compensates by making the
gains distributable tax free upon
the owner’s reaching age 70 1⁄2.
See also individual retirement
account and Keogh Plan.
royalty n. 1 A payment made to
the creator of an intellectual
property (author, inventor, and so
on) for each copy of the property
that is sold. 2 A rule in Wild’s
Case
share of the profit derived from
real property that is reserved for
the owner in exchange for
granting a lessee, who is going to
mine or drill the mineral rights on
that land.
R.S.abbr. See revised statutes.
468

rule n. An established or rule in Shelley’s Case n. This

prescribed standard for action; an rule governing property dates
authoritative principal; the general from 1324 and states that if a
norm for conduct in a specific property is bequeathed to a
kind of situation; a principle, person and a remainder to his
standard, or regulation that heirs, the remainder is
governs the internal workings of a considered to belong to the
court or an agency. person named in the bequeathal
so that the person has a fee
rule v. 1 To exercise control; for
simple absolute. See also fee
example, Diane’s parents rule
simple.
with an iron fist. 2 Deciding a
legal point or question; for rule in Wild’s Case n. A property
example, the judge ruled the law rule of construction that
question was admissible. considers a property granted to A
and A’s children as a fee tail if A
rule against perpetuities n. The
has no children as of the effective
common law principle that
date of the grant, but as a joint
prohibits granting of an estate
tenancy if A does have children
that will not vest within 21 years
at that time.
of that granting, that is, within 21
years of the death of the person rule of capture
who created the interest. Its
purpose is to limit the amount of rule of capture n. 1 Acquiring the
time that title to a property could ownership of property where
be suspended and thereby keep there previously was no
the property from becoming ownership; thereby, any wild
available in the market. animals captured belong to the
person who captures them,
469

regardless of whose property of the homeowners, the right to

they were upon previously. 2 If use the driveway may be
the recipient of property displays considered to “run with the land”
an intent to take full control of that upon sale of the home to another
property and not just pass it on to party.
another, that person captures full
rights to that property including
the ability to pass it on to his or
her heirs.

rule of law n. A substantive legal

principle; the prevailing of regular
power rather than arbitrary
power; the principle that all
citizens are subject to the judicial
decisions in their states as well
as those of the courts of the
United States, and that such
decisions are the result of
constitutional principles. running
with the land adj. Description of
any right or responsibility which
passes with the transfer of land,
often with reference to
easements or covenants. For
example, where one driveway
serves as an entrance to two
homes, but is owned by only one
470

takes place. A sale requires a

S
free offer in exchange for a freely
agreed-upon purchase price
between two individuals who are
competent to contract with each
other, and who have mutually
agreed to the deal. An actual
exchange or promised exchange
of money is required. Finally, the
salable n. In such a condition as
object, parcel, or title being sold
to be appropriate for sale in the
must be capable of being
marketplace for the ordinary
transferred by the seller.
selling price, legal to sell, and
free from any noticeable flaws. conditional sale. A sale
Same as merchantable. subject to certain events
occurring, for example, a
salary, fixed n. An agreed-upon
transaction to sell one’s home,
amount of money in exchange for
conditioned upon the sale by
services that may be set at a
buyer of his own home. Also
fixed hourly rate, but that is
known as contingent sale.
usually figured on a yearly basis
and does not vary with the sheriff’s sale. A forced sale of
amount of goods the employer property for which full
sells. See also commission. payment has not been made;
proceeds of such sale are
sale n. A transfer of property or
remitted to the creditor in full
title thereto in exchange for a
or partial satisfaction of the
sum of money; the agreement or
debt.
contract by which such a transfer
471

tax sale. A forced sale of certain goods in certain states

assets of a taxpayer to satisfy and municipalities.
tax obligations that have not
salvage n. In general, it is the
been paid.
value of a piece of equipment or
sale on approval n. A other property after it has been
transaction (usually involving functionally rendered useless for
goods) in which the buyer is the purpose for which it was
permitted to use goods for a intended. In the case of a totally
period, and then return them if wrecked automobile, for example,
they do not meet the buyer’s it is the depreciated value of
needs or expectation, even whatever usable parts that can be
though the goods are not resold in used condition, plus the
defective. If the goods were value per pound of the remaining
delivered for resale, the scrap metal; in maritime law it’s
transaction is a sale and return or compensation for a service
a consignment. voluntarily given to a vessel in
peril that removes it from danger
sale or exchange n. A tax law
by the sea; in insurance law, the
phrase describing a voluntary
first definition applies, with the
exchange of property for other
proviso that the amount of
property as distinct from a gift or
salvage is deducted from what is
a contribution, and for which a
paid to the insured.
federally taxable gain or loss may
attach. salvage value n. An asset’s
value after it has become useless
sales tax n. A percent of the
to the owner. It is often figured
consumer-paid sales price of
through some means of
472

depreciation and must be ability to distinguish right from

subtracted from the basis. wrong. In all jurisdictions, being
sane is presumed, and it is up to
sanction 1 n. A penalty imposed
the defense to prove the contrary
for violating accepted social
to be true. Synonymous with
norms. A sanction may be civil or
sanity. See also insanity and
criminal in nature. Criminal
insanity defense.
sanctions are either fine,
imprisonment, or both. 2 n. sanity hearing. 1 An
Authorization sandbagging examination of one’s mental
competency to see whether
and/or approval by someone in a one is mentally equipped to
position of authority; for example, stand trial. 2 A court
3 v. the act of imposing a penalty. proceeding, held to determine
whether a person’s mental
sandbagging n. A practice by a
health dictates
trial lawyer of noticing but not
institutionalization.
mentioning a possible error
during a trial in hopes of using it satisfaction n. A giving of
as a basis for appeal if the court something in order to release
fails to correct it. Because oneself from, or to satisfy, some
objections must be made in a outstanding obligation, be it legal
timely manner, sandbagging or moral. Satisfaction requires the
usually doesn’t keep the issue giving of one thing for another
alive. and should be distinguished from
performance, which requires
sane n. The condition of having a
only the promising to give
sound and rational mind; being
something. Also, payment in full,
mentally healthy and having the
473

done to fulfill a contractual scandalous matter n. Immoral or

obligation or debt. indecent content; in legal
pleadings, content that is
savings and loan association
impertinent or highly irrelevant
See bank. savings bank See
and therefore subject to being
bank.
stricken as improper.
saving clause n. A provision in a
statute or contract that if any scienter n. Latin. Knowingly. 1 A

clause is determined to be knowledge beforehand of the

unenforceable, the remainder of consequences of an action or

the statute or contract will remain failure to act that makes a person

intact and enforceable. legally responsible for those

consequences. Such advance
scalping 1 n. The sale of
knowledge may make the person
something (especially a ticket for
subject to civil or criminal
a popular show or sporting event)
punishment. 2 An intention to
at a price far in excess of its face
deceive or defraud (usually
value and usually just before the
applied to stock fraud). See also
event’s beginning; the buying of a
knowing and mens rea.
security by someone with inside
knowledge, such as a broker, scope of authority n. In the law

before recommending that of agency, whatever amount of

security for purchase to his/her authority an agent has been

client(s). Both the foregoing are delegated or might reasonably be

considered unethical, and the first expected to be delegated in order

is illegal in many jurisdictions. 2 to carry out his/her principal’s

v. The act of selling items at a business. See also respondeat

price far in excess of face value. superior and scope of

employment.
474
scope of employment n. The
complete range of activities an
employee might reasonably be
expected to perform while
carrying out the business of the
employer.
S corporation See
corporation. scrip dividend
See dividend. scrivener n. A
writer; refers to a professional
drafter of contracts or other legal
documents. It is also applied to
someone who is an agent for
another and who, for a fee,
manages that person’s money,
property, and/or securities. Term
used commonly in Europe.
scrivener’s error n. Mistake by
preparer of a document that
results in intent of the parties
being thwarted; basis for not
enforcing the document
reforming it. See mutual
mistake.
seal 1 n. In common law, an
impression in wax, wafer, or other
substance put on a document
and attesting to its authenticity; a
similar impression placed over
the edge of an envelope, its
unbroken condition indicating that
the envelope is unopened, hence
its contents are untampered with.
A corporation’s seal is at times
called a common seal. 2 v. the
act of placing an impression upon
an envelope or document to
designate that it is undisturbed,
the act of closing.
sealed instrument n. A
document that has been signed
and to which a seal has been
affixed. Under common law and
by some statutes, that is
recognized as convincing
evidence that the obligation on
the signer is binding. The Uniform
Commercial Code holds that laws
or
applying to sealed instruments
are not valid with regard to the
sale of goods or negotiable
papers. See also contract.
475

sealing of records n. The search and seizure n. The same

customary closing of criminal as search, with the added
records of youthful offenders, provision of retention of any
mandated in some states by law, contraband or evidence of
so that they can be viewed only criminal activity that is found.
by persons obtaining a court Generally, a warrant is required,
order to do so; the same as the and the scope of that warrant will
first definition with regard to be very limited, due to Fourth
certain other cases. See also Amendment constraints. There
expungement of record. are, however, certain
circumstances in which a warrant
search 1 n. A police examination
is not needed, including seizure
of a person’s physical body,
of abandoned items, a hidden
property, abode, or other area
weapon, or contraband items that
where the person would
are in plain view.
secondary
search engine n. An online tool
have an expectation of privacy, in that permits a researcher to type
order to find incriminating in keywords and returns a
evidence. For a search to be selection of
legal, there must be probable Internet sources for information
cause, because the Fourth on that keyword (known as hits).
Amendment to the United States There are two main search
Constitution prohibits engines for legal research, and
unreasonable search and both are based upon subscription
seizure. 2 v. To look for, as in the for fees: Lexis and Westlaw.
case of looking for evidence. See search of title See title search.
also frisk.
476

search warrant n. A written order second-degree See murder

by a judge authorizing the and principal.
examination of a specified place
secretary n. An officer of a
and the seizing of evidence found
corporation charged with
there. See also warrant.
responsibility for keeping records
seasonable adj. In a timely and taking minutes. secrets of
manner; within the time agreed trade n. See trade secrets.
upon; within a reasonable amount section n. A definable portion of
of time. a town, county, or other

seasonably adv. Used geographic region; a land unit

synonymously with reasonably. equal to one square mile.

S.E.C. See Securities and secured creditor n. A creditor

Exchange Commission. who is holding security in the

form of a lien sufficient to cover
secondary adj. Subordinate; not
the amount that the debtor owes,
of primary importance;
as in a security interest in an
subsequent. secondary boycott
automobile by the lender that
financed its purchase.
secondary boycottSee boycott.
secured transaction n. Any
secondary distribution n. An
business transaction involving the
organized offering of a block of
title to property as collateral for
stock by a large share holder of a
the borrowing of money.
stock that has already been
issued, typically by corporate securities n. Stocks, bonds, and

founders or major investors. the like; any instrument of

secondary liability See liability. secured indebtedness or of a

right to participate in the profits or
477

assets of a profit making concern. of 1934, in order to supervise and

Traditionally, securities have regulate the issuing and trading
been a major area of investment of securities and to eliminate
and speculation by individuals fraudulent or unfair practices. It is
and banks. a regulating agency and is not
judicial in nature, although it may
securities acts n. A federal or
pursue judicial remedies in
state law governing the issuance,
federal court. Abbreviated SEC.
registration, offering, and trading
of securities in order to protect Securities Exchange Act of
the public by assuring against 1934 n. A federal law designed to
fraudulent practices. regulate postissuance trading of
securities by regulating security
Securities Act of 1933 n. A
brokers and exchanges. State
federal law governing mainly the
regulations are allowed to
issuance, registration, and
continue to govern intrastate
distribution of securities by the
transactions, as long as they do
issuer. The objective of the act is
not conflict with the federal law.
to give full disclosure of all facts
The act established the
related to the security being
Securities and Exchange
offered, so that potential investors
Commission.
are able to make informed
decisions about whether or not to security n. 1 Safety; the
invest. condition of being protected
against harm. 2
Securities and Exchange
Collateral given or promised to
Commission n. The federal
guarantee the repayment of a
administrative agency established
debt. 3 A document that is
by the Securities Exchange Act
evidence of ownership in a
478

corporation (for example, a stock money security interest,

or share), or a creditor’s being created by a bank, allowing
owed money by a corporation or one to pay off the cost of a car
government (for example, a on an installment basis while
bond). enjoying its use. The bank
retains the title until the full
security deposit n. Money held
amount (along with interest)
by a landlord to ensure that the
has been paid.
tenant abides by the lease
agreement and does no damage sedition n. An activity or
to the property above normal-use communication aimed at
wear. It is a fund from which the overthrowing governmental
landlord may draw to make authority. Sedition acts were
repairs, if necessary, upon passed in the United States as
termination of the lease; any early as 1798 and as recently as
pledge of property or money of a World War I. The United States
debtor to acquire an obligation. Supreme Court ruled in 1919 that
See also obligation. communications urging sedition
could only be punished if there
security interest n. An interest in
was a clear and present danger.
property created by the operation
Otherwise, it was a contradiction
of law or by agreement to repay a
of the First Amendment’s
loan; a lien on personal property
guarantee of free speech.
created by an agreement.
seisin n. Ownership of land; used
purchase-money security
in early British law, because
interest. Interest taken by the
ownership of the land belonged to
collateral’s seller, such as an
the sovereign. It referred to the
automobile. It is a purchase-
person in possession of a
479

freehold estate. See also self-help n. A person’s attempt to

covenant. remedy a wrong perceived done
to him by that person’s own
seizure n. The act of confiscating
actions, rather than through the
a person’s property by legal
legal system. Under the Uniform
process; a forcible taking of
Commercial Code, a creditor may
property into custody by a court.
take possession of a debtor’s
self-dealing n. Participating in a collateral upon default, if it can be
transaction for one’s own done without breaching the
personal benefit rather than for peace.
the one owed a fiduciary duty; for
self-incrimination, privilege
example, a trustee using property
against n. A privilege granted by
held in trust for her own benefit.
the Fifth Amendment to the
Many states have laws prohibiting
United States
such action, and there are federal
Constitution, which bars the
statutes that do so under certain
federal government from forcing a
circumstances.
criminal defendant to give
self defense adj. Description of testimony against him- or herself.
actions taken to protect oneself, Through the due process clause
as in a shooting of a perpetrator of Fourteenth Amendment, this
by a police officer upon whom the privilege has become applicable
perpetrator has pulled a gun. to state proceedings, whether

self-executing adj. That which criminal or civil, and is often

takes effect without further action, referred to simply as, “pleading

as with a statute or court order. the Fifth.” The rule does not apply
to self-incrimination by non-
sentence
testimonial means; therefore, the
480

individual is not protected against concurrent sentences. Two or

fingerprinting or DNA evidence more periods of incarceration
being compelled. time that are to be served
simultaneously. Concurrent
seller n. A vendor; one who sells
sentences have the
or initiates contracts to sell
separable
goods; the one who transfers
property as a result of a sales
effect of being a single period
contract. senile dementia See
of confinement, with the
senility.
longer one being the limit; for
senility n. A mental feebleness or example, a person sentenced
insanity that results from old age to serve concurrent sentences
and is both incurable and of ten and twelve years
progressive. A person so afflicted concurrently will serve a
is not capable of entering into a maximum of twelve years.
binding contract or of executing a
conditional discharge
will. See also competent and
sentence. The person is given
incompetent.
no confinement, as long as
sentence 1 n. The she performs or does not
pronouncement of punishment by perform certain specified acts.
a court following a criminal Failure to follow sentencing
defendant having been found provisions may result in
guilty of a crime. 2 v. The handing confinement after a hearing.
down of a term of punishment by See also probation.
a court.
consecutive sentences. Two
cumulative sentences. See or more periods of
consecutive sentences.
481

incarceration time that are to offender represents a

be served in succession. continuing danger to society.
Consecutive sentences have
indeterminate sentence. A
the effect of being the sum of
sentence of an unspecified
the periods of confinement
duration, such as from 10 to
named, so a person
25 years, or one that a parole
sentenced to serve
board can reduce after the
consecutive sentences of ten
statutory minimum has been
and twelve years will serve a
served.
maximum of twenty-two years.
mandatory sentence. A
deferred sentence. A
sentence spelled out by law
sentence that will not be
and over which the judge has
imposed unless the defendant
no discretionary power to
fails to fulfill the conditions of
tailor to the person being
probation.
sentenced.
determinate sentence. A
split sentence. A sentence in
sentence of confinement for a
which there is enough of a
specific length of time rather
period of confinement to give
than for an unspecified period.
the wrongdoer a taste of
extended sentence. An imprisonment, followed by a
infliction of a more severe period of probation, with the
period of confinement than is second usually being the
normal for an offense because longer part of the term.
the perpetrator is a repeat or
suspended sentence. See
habitual offender, or where
conditional discharge
there is a perception that the
sentence.
482

separable adj. Capable of being the Fourteenth Amendment. The

split or divided into its component doctrine was established in
parts. Plessy v. Ferguson (1896) and
overturned in Brown v. Board of
separable controversy n. A
Education (1954). It was found
claim that is independent from,
that separate is inherently
and capable of being separated
unequal, and that segregation of
out from the other claims in a
whites from blacks in schools
lawsuit. It is used most often if a
created a sense of inferiority that
part of a larger suit can stand
tended to impede educational
alone as a suit in a federal court,
and mental development of
in which case, the whole suit is
African-American children.
statutorily removable to a federal
court. separation n. 1 The condition of
a husband and wife who remain
separate but equal n. The
married but who live apart,
onceargued doctrine that all
whether by mutual agreement or
races are treated fairly when
by decree of a court. See also
substantially equal facilities are
divorce. 2 Termination of an
made available to all, even
employment contact.
though the races—meaning
especially African Americans and separation agreement n. A
Caucasians—are restricted to written agreement between
separate facilities. It was the husband and wife in
argument of segregationists contemplation of divorce detailing
during the civil-rights controversy how their property is to divided,
in the 1950s and ‘60s and was how alimony or child support is to
ultimately ruled to be in violation be paid and in what amount by
of the equal protection clause of whom to the other, and custodial
483
arrangements for children. Such
a paper is legally enforceable and
may have income-tax implications
if the couple has physically
separate domiciles.
separation of powers n. The
separation of the power of the
states from that of the federal
government and the division of
the federal government into three
branches (executive, legislative,
and judicial), each of which has
specific powers upon which
neither of the others can usurp.
These checks and balances are
given large credit for the
prevention of a tyrant ever seizing
power in this country.
sequester v. To isolate or keep
apart from all others, as in
sequestering certain funds or
sequestering a jury. See also
sequestration.
sequestration n. 1 The isolation
of a trial jury in the custody of the
court for the duration of a trial in
order to prevent tampering or
their hearing outside testimony;
keeping witnesses apart from one
another and outside the
courtroom; 2 the placement of an
item or monies in dispute with an
independent party pending
resolution of litigation between
two making claim to the item or
monies. serial bond See bond.
seriatimadv. Latin. In sequence.
Successively; in successive
order, one by one; in due order;
sequentially, one at a time.
series bond See bond.
servant n. One who is employed
to work under the immediate
control and instruction of the
employer.
servitude, equitable
serve v. 1 To deliver a legal
document, especially a process
or notice; to present a legal notice
or subpoena to a person as
required by law. 2 To spend time
484

in the armed forces or in some permitted by law other than

uniformed service (police, fire, personal service.
and so on). See also service.
services of process n. A
service n. 1 The formal delivery communication of the court
of a subpoena, writ, or other legal papers or process to the
notice or process. 2 The doing of defendant in a timely manner, so
something useful or helpful for that the defendant has the
another individual or for a opportunity to prepare a defense
company in exchange for a fee. 3 and to appear and state his/her
The time spent in the military, as case.
in, “in the service of one’s
servient adj. Denoting an estate
country.”
subject to an easement or
service by publication. A servitude. See also estate and
publication of a notice in a easement.
newspaper or other
servient estate See estate
publication in lieu of personal
and easement.
service. In some jurisdictions,
the mailing of the news servitude n. 1 A right to use
clipping to the last known another’s property without
address of the person is ownership. See easement,
required. license, profit. 2 A condition of
enforced compulsory service.
substituted service by. A
presenting of service to a servitude, equitable n. An
recognized agent of the party easement by necessity. See
or by mailing notice to that easement.
party or any other way
485

session setback n. The minimum

session n. The number of hours
within a day that a given body is
performing its duties; a meeting
of a court or a legislative body for
the purpose of performing its
business.
session laws n. A bound volume
of the statutes enacted by a
legislative body during a single
annual or biennial session; a
collection of all of those
aforementioned statutes.
set-aside n. Something, such as
an amount of money, that is
reserved for some particular later
use.
set aside v. To void or annul a
judicial decision, order, and so
on, usually on a motion to set
aside by the party that is affected
detrimentally and based upon
some irregularity in the original
proceeding.
distance from the property line to
where a structure may be built, as
regulated by zoning statutes or
restrictions in the deeds in
various locales. Meant to keep
houses from being built so close
to each other that they cut off the
light to and ventilation from a
neighbor’s home. Setback also
applies to how close a structure
may be built to a road.
setoff n. A counterclaim against
the plaintiff by the defendant
arising from a cause of action
other than that she is being sued
for; a reduction in the amount of a
settlement by the amount the
debtor is owed by the creditor.
See also counterclaim and
cross-claim.
settlement n. An agreement
achieved between the
adversaries before judgment in a
trial, or before the trial begins,
thereby obviating the need for it;
completed payment of a debt or
486

contractual obligation; a closing A tenant in severalty is the

on a house; the completion by the exclusive holder of the land for
executor of an estate of its the duration of his or her estate,
distribution. as distinct from holding a joint
tenancy.
settlor n. Someone who creates
a trust by making a settlement of severance n. 1 A severing or
property, real or personal. See cutting off; in criminal law the
also donor and trustor. process of bringing a particular
severable contract See charge out of many so that only
contract. one issue, or a few closely
related ones, is before the jury at
severable statute n. A law with
a time, while reserving the right to
parts that are independent of one
bring other charges later; the
another, such that each part is
separating of the claims of two or
capable of enforcement even if
more parties for any of a number
remaining part or parts are
of reasons; the ending of a joint
stricken or found unconstitutional.
tenancy. 2 The removal of
several adj. More than one but something attached to real
fewer than many (said of property, such as crops or
persons, places, or things); minerals, so that it becomes
separate or distinct, but not personal property instead of a
requisitely independent (said of part of the land.
liability); various or differing (said
sex offender n. A person
of things). See also joint and
convicted of a sexual offense,
several liability.
such as rape, sexual assault, or
severalty n. A condition of lewdness. Some states require
individuality in the holding of land. sexual offenders to be registered
487

for life. Sexual activity between share n. A certain predetermined

consenting adults of the same portion—for example, each
sex is an offense in certain partner’s share of the expenses;
states. one of many equal parts of a
joint-stock company or
sexual abuseSee abuse.
corporation.
sexual assaultn. See assault.
share v. To split something up
sexual harassment n. A into portions; to enjoy or
harassment of a sexual nature, participate in a certain right,
usually in one’s place of privilege, and so on.
employment. See also
share and share alike v. To take
harassment.
equal parts.
sham 1 n. A counterfeit;
share certificate n. A document
something that is not what it
evincing stock ownership.
seems or appears to be; a fake; a
person pretending to be shareholder n. A person who
something or someone other than owns one or more shares of stock
who she really is. 2 adj. Deceitful in a jointstock company or a
or dishonest. corporation. Synonymous with
stockholder.
sham pleading n. A civil pleading
that appears to have merit, but for Shelley’s Case, rule in See rule
which no supporting facts exist, in Shelley’s Case.
and that has brought for no
Sherman Antitrust Act n. The
purpose but to vex or to harass
definitive antitrust statute, passed
the defendant. sham transaction
by Congress in 1890, that
See transaction.
prohibits monopolies or
488

unreasonable combinations of and shifting it to the other side to

companies to restrict or in any
way control interstate commerce.
Specifically outlawed is two or
more persons engaging
monopolistic practices, such as
price fixing, although it does not
outlaw show cause order
price-fixing per se. It
amended in 1914 by the Clayton
Act, which outlaws interlocking
rebut that case. See also burden
and burden of proof.
shifting use n. Of real property,
in
the conferring of legal ownership
of property to another, with the
expectation of grantor that he will
continue to have full use and
enjoyment of the property.
was
shipment contract See tender.
shop n. A place of business or

directorates and deals with employment; a factory, office, or

acquisitions that aim to restrain or other business establishment. A

eliminate competition. shop may be open, closed, or

union.
shield laws n. 1 A law that
closed shop. A shop where
protects journalists from being
working conditions are
compelled to reveal confidential
covered by a collective
sources. 2 A law limiting or
bargaining agreement
prohibiting the introduction of
between management and a
evidence about the previous
labor union. Union
sexual activities of the victim in
membership is required as a
sexual assault and rape cases.
condition of working there.
shifting the burden of proof n.
open shop. A shop where
Removing the burden of proof
union membership is not a
from one party, which has
precondition of employment.
presented a prima facie case,
489

Union members and nonunion court stenographer, and become

members may work side by part of the trial record for use at
side. appeal; an afterthought or side
topic in a book or article that is
union shop. A shop in which
set off apart from the main text or
all workers are members of a
is in some other way
union. Nonunion members may
distinguished from the main text
be allowed to work there,
or article. Also spelled sidebar.
provided that they agree to join
sight draft See draft.
the union. show cause order
See order. signature n. A person’s mark or
name, handwritten by that person
show up
or at the direction of the person
for purposes of authentication of
show up n. An identification
a document. It may also be a
procedure that takes place before
facsimile signature, affixed by a
a trial and at which a witness to
special machine at the owner’s
or victim of a crime meets face to
order, or a unique digital code
face with the suspect. It differs
that is necessary for e-
from a lineup in that it is a direct
commerce.
confrontation, one-on-one.
silent partner n. An investor in a
sidebar n. A position at the side
business who takes a share of
of the judge’s bench where the
the profits, but who plays no
attorneys and judge can confer
active role in the dayby-day
during a trial, out of the hearing of
activity of that business. It is not
the witness or the jury; the
unusual for a silent partner’s
conference alluded to in; such
name to be kept off the public
conferences are recorded by the
record.
490
silver platter doctrine n. In
criminal law, this was a doctrine
that a federal court
introduce illegally or improperly
state-seized evidence, as long as
federal officers had played no
role in obtaining it. The doctrine
was declared unconstitutional in
1960
(Elkins v. United States).
simple adj. 1 In criminal law,
uncomplicated by aggravating
circumstances. See
aggravated and mitigating
circumstance. 2 In property law,
inheritable by the heirs of the
owner without reservation;
contract law, not under seal. See
also sealed instrument. simple
contract See simple.
simpliciter adv. Latin. Simple. In
a direct or summary manner;
without condition; summarily; per
se.
Simultaneous Death Actn. A
Uniform Simultaneous Death Act
is a uniform law suggested in
1940, revised in 1993, and
subsequently adopted by almost
could every state, whereby if two
persons who are mutual
beneficiaries die within 120 hours
of each other, each is presumed
to have died before the other, so
that half the property of each
passes to the estate of the other.
sine die Latin. Without day. With
no day being assigned for the
next meeting or for resumption of
also meeting.
sine qua non n. Latin. Without
which not. Something that is
indispensable and upon which
in
something else relies.
sinking fund n. A fund with
regular deposits made to it that is
kept to pay off corporate or
governmental debt.
skiptracing n. The locating of
missing persons, such as heirs,
witnesses, assets, debtors, or
stockholders, usually performed
491

by a special skiptracing agency or transmitted disease, conduct

by a private detective. adversely impacting one’s
profession or business, or lack
S.L. abbr. Session laws or statute
of chastity (especially when
laws. See also session laws.
applied to women).
slander n. Falsely spoken words
slander of goods n. A false
that tend to damage another
statement, written or oral, that
person’s reputation; defamation.
casts doubt on a person’s
The truth of such words is an
ownership of property. See also
absolute defense against slander.
bait and switch and
Unlike libel, unless the slander is
disparagement. slight care See
defamatory per se, damages
care.
caused by slander must be
proven by the plaintiff. See also slight negligence n. Failure to
libel. exercise great care that an
extraordinarily attentive person
slander per quod. A form of
would have exercised. See also
slander that does not qualify
negligence.
as slander per se, thereby
requiring the plaintiff to prove slip opinion n. A single judicial
special damages. decision that is published as an
individual paper following its
slander per se. A form of
issuance and in advance of its
slander that need not be
being incorporated into a volume
proven to qualify for damage,
of decisions. It is, unlike an
because its meaning is
unpublished opinion, ordinarily
apparent on the face of the
citable as precedent. See also
statement and involves moral
turpitude, a sexually
492

advance sheets and reports. between a human and a

small claims court See court. nonhuman. See also buggery,
bestiality and crime.
social guest n. A holder of a
bare license. See also license. solemnity of contract n. A
concept that it is all right for two
Social Security n. A federal
people to enter into a contract for
program established by the
anything they wish to, and as
Social Security Act in
long as the proper formalities are
1935 in response to the Great
observed and no defenses exist
Depression, it is a form of
against it, that contract is
universal insurance contributed to
enforceable and should be
by all workers and administered
respected.
by the Social Security
Administration that distributes sole proprietorship n. A
benefits to retired workers when business that is carried on by a
they be come eligible, by virtue of single person and that is not a
age or disability, solicitor(s) corporation or a trust. It differs
general from a corporation in that the
business is not a separate entity,

and to survivors. The act also and its taxes are paid directly by

gives assistance in the form of the proprietor.

aid to families with dependent solicitation n. A request or

children. petition intended to obtain

sodomy n. Anal or oral something; criminally urging,

copulation between two persons, advising, or ordering someone to

especially when they are of the commit a crime; offering to pay

same sex; oral or anal copulation for sex or requesting money in

493

exchange for sex; an attempt to ownership of property of

increase the number of one’s adequate value to secure those
actual or potential clientele. debts, should the need arise. See
also insolvency.
solicitor n. In England, the
lawyer who prepares a case for sound adj. In good health, both
the trial lawyer (known as the physically and mentally (sound of
barrister) and who settles cases body and mind); marketable
out of court. One who attempts to (property); undamaged, form
get business or contributions from taken by a document, as in “the
others; an agent or representative complaint sounds in negligence.”
who conducts business on behalf
sovereign n. A person, state, or
of someone else; the foremost
group that is preeminent and
officer of the law in a municipality
independent of the will of others;
or a state; an Attorney General.
the ruler of an autocratic state.
In some jurisdictions, the
See also sovereignty.
prosecuting attorney.
sovereign immunity See
solicitor(s) general n. The immunity.
numbertwo legal officer in a
sovereignty n. Supreme
government, outranked only by
dominion or authority; the total
the Attorney General. Especially
and supreme power of an
the chief trial attorney for the
independent state. special
executive branch of the
appearance See appearance.
government. solvency
special demurrer See
demurrer. special indorsement
solvency n. The ability to pay See indorsement. special
one’s debts as they come due or master See master.
as they mature. Implied is the
494

special power of appointment of a rare article or a unique piece

See power of appointment. of real estate. The decree of
special prosecutor See specific performance requires
prosecutor. special traverse that the person so directed
See traverse. perform as directed or face
specialty n. Unique property, imprisonment.
such as a church, that is not speech, freedom of See
marketable under the principle of freedom of speech.
eminent domain. See contract.
speedy trial n. Guaranteed by
specie n. Money that has an the Sixth Amendment to the
intrinsic value, such as silver or United States Constitution, a trial
gold coins, minted in different conducted without arbitrary and
denominations and in different vexatious delays, begun promptly
degrees of fineness, and usually and conducted with reasonable
displaying government markings. expedience.
specific bequest See bequest.
spending power n. The power
specific denial See denial.
granted to a government body to
specific intent See spend money, especially the
intent. specific legacy See power of Congress to spend
legacy. money in order to provide for the
specific performance n. An defense of the United States and
equitable court-ordered remedy to promote the general welfare.
that mandates precise fulfillment Since 1936, that power has been
of a legal or contractual expanded to include Social
obligation, when pecuniary Security, environmental crises,
damages would be inappropriate and other concerns, such as
or inadequate, such as in the sale
495

desegregation and affirmative spoliation n. 1 The intentional

action. destruction, mutilation,
concealment, or alteration of
spendthrift trust n. Trust
(usually documentary) evidence.
benefiting an individual who is
If proven, spoliation may help to
financially irresponsible; grantor
establish that the evidence was
of the trust may establish
detrimental to the party
limitations on use of money to
responsible for it. 2 Pillaging or
pay debts, or may provide for
destroying real or personal
direct payment to creditors,
property by violence. 3 The taking
completely bypassing the
of a profit or other gain that
beneficiary. Some states permit
properly should go to another.
a spendthrift trust to state as part
of its terms that creditors may not spousal immunity n. The
invade the trust to satisfy the doctrine that spouses cannot sue
debts of the beneficiary. one another for personal injury;
abrogated in many states.
split gift See gift.
split sentence See spousal privilege n. The right to
sentence. splitting a not disclose confidential marital
cause of action n. communications; may be
Pursuing a cause piecemeal by asserted as a basis for not
bringing an action for only part of answering a question under oath.
a claim, while reserving another
springing use n. A use that
part or other parts for separate
comes to one with the occurrence
lawsuits. The practice has been
of some future event; for
long deemed impermissible.
example, B has a springing use in
496

A’s estate, which will pass to her harassment. standard

when she marries A. deduction See deduction.

stakeholder n. A disinterested standard of care n. The degree

party who is entrusted to withhold of prudence that a reasonable
contested money or property man (or person) may be
while the arguments are being expected to exercise when caring
adjudicated or worked out; the for something. See also care and
third party who is holding the negligence.
stakes in a wager between two or standing n. A party’s legal right
more parties; a person with an to challenge the conduct of
interest in a business or another party in a legal
enterprise of some sort, but is not proceeding. In order to have
necessarily an owner. standing in a federal court, a
stalking n. A form of harassment litigant must show that 1) the
generally comprised of repeated conduct being challenged caused
persistent following with no the party real injury, and 2) the
legitimate reason and with the concern the litigant is seeking to
intention of harming, or so as to have protected is within the
arouse anxiety or fear of harm in scope of interests intended to be
the person being followed. regulated by the statute or other
Stalking may also take the form guarantee in question.
of harassing telestate action standing mute n. A defendant’s
refusing to enter a plea in a
phone calls, computer criminal trial, which is treated as if
communications, letter-writing, it were a pleading of not guilty;
etc. See also cyberstalking and raising no objections.
497

stare decisis n. Latin. To stand also closing statement,

by what was decided. The evidence, and opening
doctrine of common law under statement. status crime See
which courts follow the earlier crime.
judicial decisions made on the
status quo n. Latin. The situation
same points of litigation; following
as it currently exists.
precedent. Stare decisis is not
inviolable, but precedent will be status quo ante n. Latin. The
overturned only for good cause. situation as it existed before. As
The doctrine, however, is things were before whatever
essentially useless in happened or is being discussed
constitutional law. See also took place. For example, status
precedent and res judicata. quo ante bellum is the situation
as it existed before the war.
state action n. Any action taken
by a government, especially an statute n. A law that has been
intrusion on one’s civil rights by a enacted by a legislative body.
governmental agency, or a statute of frauds n. A statutory
requirement that can be enforced requirement that certain contracts
only through governmental must be written and signed to be
action, such as correcting a policy enforceable, most often
of sexual or racial discrimination applicable to contracts for real
that requires judicial action to estate and contracts whose
enforce. statement purpose spans more than one
year.
statement n. A declaration of fact
part performance. Exception
or an allegation by a witness; a
to statute of frauds; if all or
piece of sworn testimony. See
part of the goods have been
498

delivered and accepted, or all occurred after the period had

or part of the purchase price lapsed.
has been paid, no written
statutory construction n. The
evidence is needed.
process by which courts interpret
statute of limitations n. Law the meaning of statutes, or the
governing time permitted for filing actual process or act of
various types of lawsuits, differing interpreting a statute’s meaning.
from state to state and as to type See construction. statutory
of matters; for example, states’ offense See crime. statutory
statutes of limitations for filing a rape See rape.
negligence action may vary from stay n. A judicial order forbidding
one to three years, a claim for or holding in abeyance some
breach of contract may have a action until some particular event
statutory limit of some other occurs, or until the court lifts the
amount of time; in all cases, stay. A single justice of the United
statutes of limitations are States Supreme Court has the
specifically set forth and are power to stay an injunction’s
strictly enforced; failure to comply being enforced pending an
by even one day will result in appeal to the full Court. See also
dismissal of lawsuit. injunction and restraining
statute of repose n. A statute order.
barring a suit a fixed number of stay of execution. A procedure
years after the defendant had to prevent the carrying out of
acted (usually by designing or a judgment for a specified
manufacturing an item), even if period of time; in the case of
the injury suffered by the plaintiff death penalty, an order from a
higher court or executive
499

branch of a state to halt the judicial interpretation of the

execution, usually pending Fourth Amendment to the United
further appeals. States Constitution, such a
search may be conducted only
stipulation n. A factual condition
under circumstances where the
or requirement incorporated as a
officer believes that the person is
term of a contract; an agreement
armed and dangerous to the
between opposing parties as to a
officer’s person, or that the
procedure, as in a “stipulation to
person has just committed or is
extend time to respond,” or a fact,
about to commit an unlawful act.
as in “a stipulation as to liability.”
A stipulation made by a party to a straight-line method n. A
pending court case or made by method for figuring depreciation
the party’s lawyer with respect to of an asset by subtracting the
the case is always binding. anticipated salvage value, and
then dividing the remainder by
stirps n. Latin. A branch of a
the estimated number of years of
family or of the family tree. See
its usefulness.
also per stirpes. stock See
securities. straw person (or man) n. A third

stolen property n. Property party used as a temporary

obtained by larceny, by stealing, transferee in order to allow the

by robbing, by theft; something principal parties to accomplish a

unlawfully taken from its rightful transfer that might not be directly

owner. allowable. strict construction

See construction. strict liability
stop and frisk n. A police action
See liability.
to momentarily detain and search
strict scrutiny n. The standard
the body of a person. Under
used to determine whether a
500
classification of a group of
persons (such as a racial group)
or a fundamental right (such as
the right to vote) violates due
process and equal protection
rights under the United States
Constitution. Strict scrutiny is
used to establish whether there is
a compelling need that justifies
the law being enacted. See also
compelling interest test.
strike n. 1 An organized
stoppage of labor by employees
in order to compel the employer
to meet their demands. 2 The
dismissal of a prospective juror
from the panel, whether for cause
or peremptorily. 3 A negative
mark on one’s record (as in, three
strikes and you’re out).
strike suit n. A suit brought
without legitimate claim (usually
by a shareholder in the name of
the company) in hopes of an
inflated settlement.
submit
sua sponte 1 v. Regarding a
judge or court, to raise an issue
or take an action independently of
any request or suggestion made
by the parties or lawyers; 2 adj.
Description of action taken by
court in absence of any party
urging such action to be taken.
subcontractor See contractor.
subdivision n. A reduction in
area of a piece of land by dividing
it up into two or more smaller
parcels.
subjacent support n. In property
law, the support of the surface of
the land by the earth’s underlying
strata. See also lateral support.
subject matter n. Whatever is in
dispute; the actual cause of the
law suit; the issue about which a
right or obligation has been
asserted or denied.
subject matter jurisdiction
See jurisdiction.
subject to open n. Used to
describe the future interests in
501
real estate or in a trust when the
number of persons in that class is
liable or likely to change over
time.
sub judice adv. Latin. Under a
judge. A case that is before the
bar for determination, rather than
one being settled out of court.
sublease n. A lease held by a
lessee who has, in turn, leased
part or all of the leased property
to another sublessee; the original
lease may require approval by
landlord before subleasing.
sublet v. The act of transferring
one’s lease to another, generally
with all rights and obligations
passing to the sublessee.
submit v. To give in to the will or
authority of another; to agree to
allow mediators or arbitrators to
settle a dispute.
subordination
subordination n. A giving of
lower ranking, class, or priority to
one claim or debt with respect to
another claim or debt.
suborn v. To cause a person to
do an illegal or immoral act,
especially in a secretive or
underhanded fashion; to cause a
person to perjure his or herself; to
get perjured testimony from
someone.
subornation of perjury n. The
crime of inducing or persuading a
person to commit perjury;
sometimes shortened to simply
the first word of the phrase.
subpoena 1 n. Latin. Under
penalty. A writ issued by a court
commanding a person to appear,
with penalties that attach for
failure to comply. 2 v. The act of
sending a subpoena to a witness
or other person to secure his
attendance and testimony at trial
or other proceeding (such as
deposition); generally, subpoenas
are obtained and sent out by the
502

lawyers, rather than directly by that she currently holds if and

the court. when such are issued by the
corporation, before that stock is
subpoena ad testificandum.
offered to the general public. See
The most common type of
also preemptive right.
subpoena, ordering a witness
subsidiary See corporation.
to testify.
sub silentio Latin. Under silence.
subpoena duces tecum.
Without notice being taken. If a
Issued at the request of one of
case is decided against
the parties to a lawsuit,
precedent, the newer case is said
ordering a witness to appear
to have over-ruled the previous
and bring relevant documents
decision sub silentio.
to the hearing.
substantial capacity test n. A
subrogation n. 1 A paying of or
test established by the Model
an assumption of the debt of one
Penal Code for the insanity
person by another. 2 The passing
defense, including elements of
of rights from one party to
the McNaughten rules and the
another by virtue of the second’s
test of irresistible impulse by
assumption of a debt on behalf of
allowing the court to consider
the first party; 3 In insurance, the
both awareness of wrongdoing
right of an insurer to recover from
and involuntary compulsion.
a third party all amounts paid out
Since 1984, many jurisdictions,
on behalf of its insured.
including federal courts, have
subscription rights n. The stiffened the rules due to the
contractual right of a shareholder acquittal by reason of insanity of
in a corporation to buy additional attempted presidential assassin
shares of stock of the same kind John Hinkley.
503

substantial compliance See pertaining to speedy trial, use of

substantial performance confessions, etc., are procedural.
(compliance).
substituted basis See basis.
substantial performance substituted service See
(compliance) n. A doctrine in service.
equity that if a good faith attempt substitution n. The selection of
was made to perform the an individual or a thing to take the
requirements of a contract, but place of another; the process of
failed to exactly meet the one thing taking another’s place
specifics, and if the essential aim or one person acting in lieu of
of the contract has been met, the another.
agreement will still be considered
succession n. The taking over of
as having been completed.
a previous official’s office, rank,
Minimal damages for the
or duties by a new person; the
impreciseness may be permitted
process by which a decedent’s
by the court. See also
property or rights passes to the
performance.
inheritors thereof, under the laws
substantive due process See of descent and distribution. See
due process. also descent.

substantive law n. The law that intestate succession. State

governs the merits of a matter or laws governing inheritance of
transaction, as opposed to property belonging to
procedural law; for instance, laws individual who dies without a
relating to manslaughter are will.
“substantive,” while laws
successor n. A person who
takes over the rank, office, duties,
504

or privileges of another; a Split among states as to whether

corporation that through merger, legal or illegal.
buy-out, or other means acquires
summons
the duties, stock, rights, and
debts of another corporation,
suicide, attempted n. An
known as the predecessor.
unsuccessful try at taking one’s
sue out v. To petition a court and own life. There is also no
to obtain the issuance of a court unanimity as to whether this is a
order or a writ of some sort. criminal act.
sufferance See tenancy.
sui generis Latin. Of its own
sufficient consideration See kind. Unique; of its own particular
consideration. type; in a class of its own.
suicide n. The voluntary and
sui juris Latin. Of one’s own
intentional act of taking one’s own
right. Used to describe one who
life. It was a felony under
is no longer a dependent; having
common law, but is somewhat
reached majority and having full
murky in today’s criminal courts.
civil and social rights. See also
There is also no unanimity on
emancipation and
whether either assisted suicide or
incompetency.
attempted suicide are criminal
acts. suit n. Any proceeding brought
by one or more parties against
suicide, assisted n. An
another one or more parties in a
intentional providing of a person
court of law. See also action and
with the medical knowledge or
litigation.
the means to commit suicide.
Synonymous with euthanasia. class suit. See action.
505
suitor n. A plaintiff or petitioner in
a lawsuit; the party that brings the
suit; a person or a corporation
seeking to take over another
company.
sum certain n. Any fixed,
settledupon, precise amount. It
may be a commercial instrument
with a fixed amount specified on
its face. See also liquidated
damages and unliquidated.
summary judgment See motion
for summary judgment.
summary proceeding n.
proceeding in a lower court,
usually as to a minor offense or
claim, generally fast-tracked.
Although certain legal rights are
overlooked or minimized during a
summary proceeding, the rights
to notice and to be heard are
preserved.
summons n. A written notice for
a person to appear before a court
under penalty of having
judgment entered against that
person for failing to appear; a
written notice to a person to
appear for jury duty; a written
notice to appear in court to testify
as a witness in a case.
Synonymous with subpoena.
sunshine laws
sunshine laws n. Statutes
that require governmental and
municipal bodies to conduct
public proceedings, and to submit
records to examination by the
public. superior court See
A court.
supersedeas n. Latin. You shall
forbear or desist. A writ
suspending or staying a
proceeding in order to maintain
the status quo, pending appeal. It
usually stays a creditor’s taking
possession of property pursuant
to a lower court’s ruling.
superseding causeSee cause.
a suppress v. To end, prohibit, or
keep something from being
506

known, heard, discussed, or Supreme Court of the United

seen. States See court.

suppression of evidence n. A supreme judicial court n. The

trial judge’s preclusion of highest state court in Maine and
evidence that was obtained in an Massachusetts.
unlawful manner; the withholding
surcharge 1 v. To impose an
of evidence by the prosecution in
additional cost or burden (usually
a criminal trial when such
excessive). 2 n. A court fine
evidence might be helpful to the
imposed on a fiduciary for failure
defense supra adv. Latin. Above;
of duty.
superior to.
surety n. The person immediately
Supremacy Clausen. The clause
responsible for the debt of
in
another, in the event that the
United States Constitution’s
principal fails to meet his
Article VI, stating that all laws
responsibility.
made furthering the Constitution
and all treaties made under the surrebuttal n. A rebuttal by the

authority of the United States are defendant to the plaintiff’s

the “supreme law of the land.” rebuttal; in trials, the order of

Chief Justice John Marshall presentation is: plaintiff’s case,

interpreted the clause to mean the defense, plaintiff’s rebuttal,

that the states may not interfere defendant’s surrebuttal.

with the functioning of the federal surrejoinder n. A rejoinder by the

government and that federal law plaintiff to the rejoinder by the
prevails over an inconsistent defendant (in common law
state law. supreme court See pleadings). See replication.
court.
507

surrender n. Delivery into the held to be illegal under laws that

possession of another, such as forbade selling of babies; still
vacating of property by the tenant strictly regulated.
before the lease has terminated
surrogate parent n. One who
so that the landlord may consider
stands in the place of a child’s
termination to have occurred; the
parent, but who is not that parent.
giving up of a claim or a right;
Either by virtue of voluntary or
yielding to the control or power of
court-appointed status, that
another; the return of an estate to
person assumes all rights, duties
the one who has a reversion so
and responsibilities of the child’s
as to merge the estate into a
parent.
larger one.
surrogate’s court n.
surrogate n. A person appointed
Synonymous with probate court.
in place of another, especially a
See court.
judicial officer who administers
things concerning incompetents surtaxSee tax.
or decedents, and in certain surveillance n. A legal
instances, adoptions; any stand- investigative process entailing a
in. close observing or listening to a

surrogate mother n. A woman person in effort to gather

who bears a child for a couple evidentiary information about the

that is unable to have children. commission of a crime, or lesser

Upon the child’s birth, the improper behavior (as with

surrogate mother gives up all surveillance of wayward spouse

rights and responsibilities to the in domestic relations

child. Surrogate parenting proceedings). Wiretapping,

contracts were in earlier times eavesdropping, shadowing,

508

tailing, and electronic observation Having a slight belief or a vague

are all examples of this idea but not a knowledge that
lawenforcement technique. something happened or that
someone did something.
survival statute n. A statute that
permits survivors to seek syndicate
damages for claims that the
decedent would have had, but for suspect classification n. A
his death, as with a claim for pain classification by racial group,
and suffering between time of national origin, sex, or citizenship,
injury and death; the claim subject to strict scrutiny.
becomes an asset of the estate.
suspended sentenceSee
survivorship n. The right sentence.
whereby someone who has an
sustain v. To support or
interest in a property becomes
adequately maintain over a long
entitled to the entire property by
period of time; (in court) to
virtue of outliving all others with
uphold; to rule in favor of; to
an interest in that property. It is
corroborate. See also overrule.
one of the features of joint
tenancy. Also, the condition of symbolic speech A form of
the one person out of two or more speech that expresses an idea or
to remain alive after the others emotion without use of words,
die. such as burning one’s draft card,
bra, or flag, or picketing. Such
suspect 1 n. A person believed
activities are protected by the
to have committed a crime and
First Amendment to the United
who is, therefore, being
States Constitution.
investigated by the police. 2 v.
509

syndicate 1 n. A group of
corporations that band together
for a single enterprise that each
alone would be unwilling or
incapable of performing. For
example, it took a syndicate of
motor vehicle makers and aircraft
companies to produce America’s
warplanes of World War II. In the
negative sense it is used to
denote organized crime. 2 v. To
organize into a syndicate or to
sell shares in.
510

adverse possession. tail See

T
fee tail. tail, estate in See fee
tail.

tainted evidence See fruit of

the poisonous tree.

takeover (bid) n. An attempt to

assume control or management
of a corporation by another
tacit adj. Something implied but
corporation, generally by
not actually named, for example,
purchase of all outstanding stock.
there was a tacit understanding
that if she testified against her co- taking the Fifth v. Slang.
conspirator, she would not have Allusion to a person asserting his
to spend any time in prison. right under the Fifth Amendment
to the United States Constitution
tacking n. An adding together of
to not give testimony or produce
consecutive times of occupation
evidence that might be
or possession by different
selfincriminating. See also self-
persons, and treating those
incrimination, privilege
periods as a single continuous
against.
one, especially the uniting of
consecutive terms of land tangible adj. 1 Exhibiting
possession by persons other than physical, touchable form; capable
its owner in order to establish a of being perceived by sight and
continuous period of adverse by touch. 2 Comprehensible to
possession for the required the human mind. tangible
statutory period, so as to property See property.
establish ownership. See also
511

target n. The focus of an purpose of which was to

investigation, as in grand jury promote expansion of trade
target; in corporate law, the focus by eliminating tariffs and other
of a takeover bid. target trade impediments and by
corporation See corporation. establishing certain
regulations promoting
target letter n. Correspondence
fairness. It has since been
sent to one who is scheduled to
superseded by the
testify before a grand jury, so as
establishment of the World
to provide background or
Trade Organization.
comment on subject of
investigation. tax 1 n. A charge assessed on an
individual or on property for the
tariff n. 1 Term is most frequently
purpose of supporting the
used to refer to a customs duty
functioning of the government.
imposed on imported and
Such charges may be imposed
exported merchandise. See also
on sale of property or goods,
customs. 2 A public document
imports, exports, wages and
that enumerates the services
income, privileges, and just about
offered by a public utility or
anything else that one can think
carrier (freight company), along
of. Although usually thought of as
with the rates charged for those
being monetary in nature, it is not
services.
necessarily so. 2 v. The act of
Gatt (General Agreement on
imposing a charge upon
Tariffs and Trade). The 1977
individuals or property by a
international agreement,
government or other taxing
signed by all of the major
authority; to strain or place weight
industrial nations and most
other nations of the world, the
512

upon. abatement of taxes. See estimated tax. A quarterly amount

abate. paid by persons whose income is
not subject to witholding tax, in
ad valorem tax. Latin. In
anticipation of what that person’s
proportion to its value; a
income tax liability will be come
proportional tax imposed upon
April 15 of the following year.
something’s value, rather than on
its quantity (especially on real flat tax. A tax that remains a
property). constant percentage regardless
of the size of the amount being
alternative minimum tax. A flat tax
taxed. Most state sales taxes are
originally imposed upon
flat taxes. gift tax. See gift tax.
corporations or individuals with
hidden tax. See hidden tax.
high incomes in the event that
income tax. See income tax.
they wrote off all their income
through use of deductions, inheritance tax. A tax imposed
credits, and contributions. It was upon the inheritor of property,
enacted to make sure that these sometimes known as a
parties paid at least some income succession tax. There is no
tax, but it also can affect middle- federal inheritance tax, but many
income families. capital gains tax. states have statutes imposing
See gain. such taxes. See also estate tax.
poll tax. See poll tax.
estate tax. A tax imposed on the
property of a decedent that progressive tax. See progressive
diminishes the value of the total tax.
estate to the inheritor. See also
tax
inheritance tax.
513
property tax. An ad valorem tax
upon (usually) real property,
usually imposed by states and
municipalities in order to support
local and state services, such as
schooling and policing.
regressive tax. A tax that creates
a greater burden on those less
well off than on those with a
higher income. The structure of
most sales taxes make them
regressive in nature. See also
progressive tax.
sales tax. A tax on the selling
price of goods and some services
levied by some states and some
municipalities. Those goods and
services taxed varies from state
to state, as does the rate of
taxation. The tax is usually a
fixed percentage of the price and
is tacked onto that price. See
also flat tax.
surtax. An amount tacked onto an
already taxed article, or onto the
tax itself; a surcharge. See also
surcharge.
transfer tax. Same as an estate
tax.
unified estate and gift tax. A
federal law that imposes a tax on
the net worth of an estate and on
gifts of and above a certain
amount. Both estates and lifetime
gifts are treated the same way,
with the transferror being
responsible for the payment of
the tax, but with the responsibility
passing to the transferee in the
event that the former fails to pay
it. Also known as the unified
transfer tax.
use tax. A tax imposed by some
jurisdictions on goods bought
outside that jurisdiction, and so
not subject to that jurisdiction’s
sales tax. It is usally set at the
same rate as the sales tax and is
meant to discourage shopping
outside the jurisdiction. See also
sales tax.
514
taxable
value added tax. A tax
imposed at each step in the
production or construction of a
manufactured good based
upon the difference between
the cost of producing the item
and its selling
Abbreviated V.A.T.
witholding tax. The amount of
income tax that is witheld from
the paychecks of employees
and sent directly to
government by the employer.
It is counted as a credit
toward that individual’s tax
liability when tax returns are
filed.
taxable adj. Something that is
subject to being taxed, such as
property or earned income; the
amount or portion on which a tax
is assessed. taxable estate See
estate.
taxable gift n. The part of a gift
that, after allowable deductions
are made, is subjected to the
unified estate and gift tax.
taxable income See income.
tax avoidance n. The act of
taking advantage of legal tax-
planning opportunities and
price.
shelters in order to minimize
one’s income tax liability. See
also tax evasion, which is not
legal.
tax benefit doctrine n. The
the
principle that if a loss was
suffered in a previous year and
taken as an income reduction for
tax purposes, and an insurance
reimbursement for that loss is
received in the current year, that
reimbursement must be counted
as part of gross income for the
current year, at least in the
amount of the reduction
previously taken.
tax court n. 1 The United States
tax court. 2 A court in some
515

states that hears appeals in non- worth a percentage of what a tax

federal cases and that has the credit is worth. See deduction.
power to modify assessments, See also tax credit.
valuations, tax classification, or
tax evasion n. This term is
appeals.
generally used to designate
tax court, United States n. An criminal tax fraud, in which the
appellate court to which taxpayer intentionally and
taxpayers may appeal adverse deliberately understates her
IRS decisions and levies. income or overstates her
Created in 1942, it replaced the deductions and/or credits for the
Board of Tax Appeals. purpose of underpayment of tax
liability. Contrast tax avoidance,
tax credit n. An amount counted
the legal minimization of tax
directly dollar-for-dollar to reduce
liability by aggressive
one’s tax liability, rather than a
interpretation of tax law.
reduction in gross income. See
also tax deduction. tax exempt adj. Not subject to
tax. This term is usually
investment tax credit. A credit
descriptive of interest on
allowed for investments in
municipal and state government
personal property that is
bonds, which (since 1913) have
exclusively used for business
been exempt from federal income
or is income-producing
taxes. This is viewed as a form of
(applicable through tax years
federal revenue sharing.
before 1986).
tax lien n. Encumbrance placed
tax deduction n. A reduction in
upon property or assets following
gross income in order to reduce
nonpayment of taxes.
one’s income tax liability. It is
516

taxpayer n. The one who bears reports income, deductions,

the tax liability for any particular
transaction. Even though
partnership may receive income,
each individual partner is liable
for the taxes on that income. tax-
preference items n. Those
articles that, even though taken
as deductions or credits on one’s
tax return, must nonetheless be
considered when computing the
taxpayer’s alternative minimum
tax.
tax rate n. A percentage of net
income used to compute one’s
income tax liability. Currently,
there are three brackets
computing federal income tax.
The percentage one
increases, as income increases,
enough to move one from one
bracket into a higher one of those
three. See also tax.
tax return n. A form issued by
the federal government, many
state governments, and some
municipalities on which a person
exemptions, and credits and then
a uses those figures to calculate
incometax liability.
tax shelter n. A transaction or
investment by which a taxpayer
shelters some or all income from
tax liability because of tax credits
or applicable deductions. Abuses
of tax shelters resulted in
extensive reform of the Internal
Revenue Code, restricting loss
from a business or an investment
to only the capital that is at risk.
This greatly reduced the
availability of tax shelters.
for
temporary adj. Something that
will last for only a limited period of
pays
time; transitory. Temporary is
meaningless with regard to the
duration of the length of time that
it will last; however, it is used to
designate absence of
permanence.
temporary restraining order
See restraining order.
517

tenancy n. 1 The occupancy or the same instrument and

possession of land under the having the same right of
terms of a lease; an interest in possession, along with the
real estate by virtue of a right of survivorship to the
leasehold. 2 The period of such share of the other. In some
occupancy or possession. 3 states, that must be expressly
Tenancy in tenancy conveyed. See also unities.

periodic tenancy. A tenancy

general is any right to hold that automatically continues
property, but in a more limited for repeated consecutive
sense it is holding that property in periods of time, be it month to
subordination to someone else’s month or year to year, unless
title, as in a landlord-tenant notice of termination is given
relationship. The many types of at the end of a period. This is
tenancy include the following: typified in a metropolitan
cotenancy. An occupancy or apartment building’s lease.
possession held by two or tenancy at sufference
more persons who have unity (holdover tenancy). This
of possession. See also tenancy arises when one who
unities. had lawful possession of

holdover tenancy. See property remains wrongfully

tenancy at sufference. and continues to occupy that

property after her legal term
joint tenancy. A tenancy with
has expired. This usually
two or more tenants having
takes the form of a periodic
identical interests and who
tenancy or a tenancy at will.
take over simultaneously by
See also holdover.
518
tenancy at will. A tenancy
where no formal terms for rent
or duration exist, but the
person holds possession with
the landlord’s consent. This
type of tenancy may
terminated by either tenant or
landlord upon fair notice being
given.
tenancy by the entirety. The
joint ownership of property by
husband tenant
and wife when a single
instrument conveys
property to both; an indivisible
interest in real property held
by a married couple.
tenancy for a term. A tenancy
whose duration is specified in
days, weeks, months,
years from its creation.
tenant n. 1 The possessor or
occupier of land by virtue of any
kind of title or right. See tenancy.
2 One who pays rent in order to
temporarily occupy or possess
someone else’s land under the
terms of a lease or similar
document. See lessee.
life tenant. a person with the
be
right to use property for life,
with no ability to bequeath
same to own heirs.
tenantable repair n. A repair that
is necessary to render a
premises fit for current human
habitation. See habitability.
tender n. 1 An unconditional offer
the of performance in order to satisfy
a debt. It may be offered to save
the party making the tender from
a penalty for nonpayment or lack
of performance. On the other
hand, if the other party should
refuse the tender without a
or
justifiable reason, that party may
be placed in default. 2 Something
offered in order to settle a debt or
obligation. 3 An offer put forward
in hope of acceptance. 4
Something that serves as a
519

means of payment, such as the land. 2 Any property held by

banknotes or coin (as in, legal freehold. 3 A building used as a
tender). residence. See also tenement
house.
tender of delivery. The
placement by a seller at the dominant tenement. Property
disposal of the buyer, that is, that carries with it the right to
arranging delivery of those use part of an adjoining
paid for goods in a timely property.
manner.
servient tenement. Property
tender offer n. A corporate law that contains features used by
offer to buy all shares of a occupier of adjoining property,
corporation’s stock up to a certain as with an easement.
number by shareholders at a
tenement house n. An
fixed price (usually higher than
apartment building, especially a
market value) within a certain
dilapidated lowrent building that
period of time. Tender offers are
meets, at best, minimal
usually precursors to corporate
conditions of sanitation and
takeover moves. The Williams
safety.
Act of 1968 was passed by
Congress to regulate tender tenure n. 1 An ancient

offers so that shareholders can hierarchical system of land

make an informed decision about possession or holding in

whether or not to tender their subordination to a superior. 2 The

shares for sale. status afforded teachers and

professors, long considered a
tenement n. 1 Any building,
cornerstone of academic freedom
structure, or house attached to
of protection against dismissal
520

without adequate cause. 3 A Article IV of the Constitution of

general legal protection of a long- the United States that endows
term relationship, such as Congress with the power to make
employment. tenurial ownership rules and regulations respecting
See tenure. the territory or other property of
the United States.
terminable interest n. An
interest in property that will end territorial jurisdiction n. The
upon the passage of time, the geographical area over which a
occurrence of an event, or the government or governmental
failure of an event to occur. It subdivision has power.
applies to a class of property that
territorial waters n. All inland
usually does not qualify for a
waterways and all waters on a
marital deduction under the
country’s coastline within three
federal estate and gift tax
geographical miles of that
regulations.
coastline.
term of art n. Slang. A word
terrorism n. The threat or actual
specific to a specific discipline
use of violence in order to
and having a special meaning
intimidate or create panic,
within that discipline other than
especially when utilized as a
what it is understood to mean in
means of attempting to influence
common usage. For example, in
political conduct.
computer jargon, “to burn” is to
record a CD, and “to rip” is to testacy n. The condition of
record a DVD. having left or leaving a valid will
at the time of one’s death, rather
territorial court n. A court
than intestacy. See also
created by Congress under
intestate.
521

testament n. A document testify v. 1 To tell a court what

disposing of a person’s personal pertinent information to a case
property upon his or her death, one has, while under oath, and
distinct from a will, which is a while the defendant is present. 2
devise of real estate. To bear witness. testimonial
testamentary capacity See immunity See immunity.
capacity.
testimony n. Statements made
testamentary intent n. A by competent witnesses, who
testator’s intention that a have been sworn in at a trial or
document should function as his deposition or in an affidavit.
last will and testament, the Although frequently used
determination of which is up to synonymously with evidence, the
probate court. See also testator latter is the broader term and
(testatrix). testamentary trust encompasses both testimony and
See trust. physical evidence.

testator (testatrix) n. One who expert testimony. Testimony

makes a will, especially one who given by an individual with
dies and leaves a will. Because special qualifications or
testator has come to be applied credentials that enable him to
to both sexes, the use of the provide information to the
feminine testatrix has become factfinder to assist with
obsolete. See also intestate, resolving the ultimate facts in
testacy, and testament. issue. Also known as “opinion
testimony,” because, as
theocracy
opposed to “fact witnesses,”
expert witnesses are
test case (action)See case.
522

permitted to give their theocracy n. 1 A country or state

opinions. whose government derives its
power directly from God or
theft n. 1 Larceny; the unlawful
another divine spirit. 2 A country
expropriation of someone else’s
or state in which government
property with the intent of
powers are vested in the clergy.
keeping it from its rightful owner.
2 In its broadest sense, any third party
example or act of stealing, which
includes burglary, embezzlement, third party n. Someone who is
false pretenses, fraud, and not a party to a lawsuit,
larceny. While larceny is agreement, or other interaction,
generally categorized as petty or but is in some way involved or
grand depending on the value of affected by it; someone other
the goods taken, theft is generally than the principles to an
categorized by the type of agreement or a lawsuit. third-
property stolen. party beneficiary See
beneficiary.
identity theft. The
misappropriation of another’s third-party plaintiff n. A
confidential and personal defendant who files a pleading
information such that the one attempting to bring a third party
taking such data can use such into the lawsuit. See also action
information to pass as the and complaint.
other by submission of credit
threat n. A declaring of one’s
documents, forging of
intention to cause harm or loss to
identification cards, etc.
another’s person or property or to
limit one’s freedom to act in a
523

lawful voluntary manner (a threat usually set at the arithmetic mean

to kidnap). A threat may be made high tide. See also avulsion and
by innuendo or suggestion, as reliction.
well as by explicit language, and
time n. A measure of continuity,
may be the basis of criminal or
or duration. 2 A certain point in a
civil liability. Mere words,
given duration when something is
however, have been held not to
said to have occurred. 3 Slang.
constitute an assault. See also
The period of incarceration of a
coercion, extortion, and
convicted criminal. See also
fighting words.
reasonable time. time draft See
three-strikes law n. This type draft.
of law has been enacted in about
time is of the essence n.
half the states and is a statute
Contractual provision that
that requires a person convicted
requires prompt and timely
of a third felony get an extended
fulfillment of obligations under the
sentence, often lifetime
contract; failure to complete
imprisonment.
performance under time
thrift institution n. A catch-all constraints set forth in the
term that includes savings banks document may constitute a
and savings and loan breach. Example: “Time is of the
associations. See also bank. essence in the completion of this
contract.”
tide land n. Land that is between
the extremes of the normal high timeshare 1 n. A form of joint
and low tides, and which is ownership of property under
covered by high tide, but exposed which as many as 52 owners,
at low tide. The limit of tideland is either singly or severally,
524

receives the use of the property, title, but a bad title is always
condominium, or other property an unmarketable one.
for a specified period each year,
clear title. 1 A title that is free
such as one or more weeks. The
from any burdens, such as
term is also used to refer to the
encumbrances or other
shared use of computer
limitations. 2 A marketable
equipment. 2 v. To occupy by
title. See marketable title.
time-sharing.
defective title. See bad title.
title n. Ownership; the legal right
equitable title. A title indicating
to possess and to dispose of
that its holder has a favorable
property. See also ownership,
interest in the property and
possession, tenancy. 2 Legal
entitles its holder to acquire
evidence of a person’s right of
formal title to it.
ownership of property; a deed or
similar instrument that evidences good title. A title that is legally

ownership. in effect and is valid. See also

clear title and marketable title.
adverse title. A title that has
been acquired as a result of marketable title. A title that

adverse possession. would be acceptable to a

reasonable buyer, in that it
bad title. A title that cannot
appears to cover all the
legally convey the applicable
property that the seller is
property to a new owner,
offering and it lacks any
usually because of one or
defect or limitation.
more conflicting claims to that
property. An unmarketable paramount title. A title that

title is not necessarily a bad supersedes any and all other

titles or claims against the
525
same property. It signifies
immediate right to possession
and may be the basis for
eviction of a tenant.
unmarketable title. A title that
a reasonable buyer would fail
to accept, due to pending
litigation or some
unresolved conflicts over the
property.
title insurance n.
taken at time of purchasing
property to protect
defects in chain of title.
title search n. A search of the
public records to determine the
status of a title, including any
encumbrances, liens, mortgages,
and future interests affecting the
property. Doing a title search is
the way in which the chain of title
is established. Normally, a title
search is conducted by a real
estate attorney or by a title
company at the request of a
prospective buyer or mortgagee.
title theory n. A property-law
doctrine that a mortgage
transfers title to a property to the
mortgagee, who holds it until the
mortgage has been paid off, at
which time title passes to the
mortgagor. Only a few American
states have adopted this theory,
other
and they are known as title states
or title theory jurisdictions.
Compare lien theory, applicable
Insurance in most jurisdictions, which
provides that a mortgagee of
against property holds only a lien, not
title, to the property until such
time as the mortgage is fully paid,
at which time the lien is removed.
totality of the circumstances
test
toll v. 1 To bar, or take away; to
defeat. 2 To stop from running
(said of a statutory period of
time). 3 To charge for the use of
another’s property, hence toll
roads, toll bridges, and so on.
526

tort n. 1 A private or civil wrong tortious adj. Being a tort;

for which a remedy may be
sought, usually in the form of
monetary damages; a breach of
duty that exists under societal
expectations regarding
interaction among equals in a
transaction, rather than arising
from a specific contract. 2 The
branch of the legal system or
legal code that deals with such
wrongs.
Tort Claims Act n. A law passed
by the federal government and by
most state governments waiving
sovereign immunity from liability
in torts for injury or loss of
property. The Federal Tort
Claims Act of 1946 confers
exclusive jurisdiction on the
United States District courts to
hear claims against the federal
government.
tortfeasor n. A person who
commits a tort; a wrongdoer.
wrongful; in the nature of a tort.
total adj. 1 Complete; entire;
undivided. 2 Absolute; supreme.
total disability n. As interpreted
in the insurance industry, the
inability of a person to perform
the needed duties of the
occupation for which he is
qualified by training or
experience. Total helplessness or
absolute physical disability is not
requisite for being classified as
totally disabled.
totality of the circumstances
test n. A test originally formulated
to evaluate whether a
defendant’s constitutional rights
were violated in the eliciting of a
confession. It concentrates on
looking at all the circumstances
surrounding the alleged violation
rather than only one or total loss
two aspects, as had been the
case before. It had been used as
527
a measure of whether
defendant’s privilege against self
incrimination had been violated,
but since the advent of the
Miranda rule (1966), that use
has become obsolete. It is now
used to determine whether a
defendant consented to
warrantless search, and whether
probable cause exists for the
issuing of a search warrant.
total loss n. An insurance
contract concept that is said to
exist if property is destroyed to
the extent as to be no longer
useful for the purpose for which it
was intended, or that renders it
useless and of no value to its
owner.
to wit adv. Archaic. That is to
say; namely. Sometimes spelled
“to-wit,” or
“towit.”
tract index n. An index usually
kept in the county recorder’s
office and listing each parcel of
a land according to its location,
along with all transactions
involving it. See also abstract of
title and chain of title.
trademark n. 1 Any phrase,
name, word, or graphic logo used
by one manufacturer or marketer
a
to distinguish its products from
those of all others. A trademark’s
main purpose is to assure the
genuineness of an article, and it
is roughly equivalent to a
commercial signature. For a
trademark to be eligible for
federal protection, it must be
distinctive, attached to a product
that is actually marketed, and
registered with the United States
Patent and Trademark Office. 2
The body of law that is concerned
with how businesses uniquely
differentiate their products.
tradename n. The name under
which a company or person does
business. Note that a tradename
(or commercial name) applies to
a business and its good will, as
528

distinct from a trademark, which transaction n. 1 An act of

applies only to a marketable carrying out some form of
commodity. business between two persons. 2
A business agreement or
trade secrets n. Formulas,
exchange. 3 Any activity in which
devices, or other manufacturing
two or more persons are
or business pattern, and so on
involved.
that are kept confidential in order
to continue an advantage over closed transaction. A
the competition. Whatever the transaction that is complete,
secrets are, they are not so that the actual realized
protected by patent, so their gain may be calculated for tax
owner holds no formal protection. purposes.
Once a trade secret is leaked or
open transaction. A
discovered by analysis, the
transaction in which all the
discoverer is free to use it to his
events have not yet occurred,
or her own advantage. trade
and so the computation of
usage See usage of trade.
taxes on that transaction is
traditionary evidence n. not yet possible.
Statements of fact based on
sham transaction. A
longstanding tradition and
transaction that will be
reputation derived from a
disregarded for tax purposes
deceased person. It may be used
because it has no real substance.
to prove ancient boundaries,
transactional immunity See
ancestry, or similar facts,
immunity.
especially when there are no
transaction or occurrence test
living witnesses to testify to
n. test used under federal law to
something.
529

determine whether a particular transfer 1 n. Any and every

claim should have been filed as a method of removing something
counterclaim and will be barred from one person or place to
from future filing as a separate another; specifically, the handing
claim. The four separate over of possession or control of
suggested tests are: 1) Are assets or title. Transfer may be
factual and legal claims raised by affected by assignment, by
claim and counterclaim really the delivery, by indorsement, and by
same? 2) Would a later suit be operation of law. 2 v. the act of
barred by res judicata if it handing over possession or
weren’t for the compulsory control.
counterclaim rule? 3) Will
transfer agent n. An individual or
essentially the same evidence
business that keeps a record of
support or refute both the
all shareholders in a corporation
plaintiff’s claim and the
by name, address, and number of
counterclaim? 4) Are claim and
shares owned. Not every stock
counterclaim largely related?
transaction results in a transfer,
transcript n. A certified copy of because a considerable share of
the proceedings that occurred in most issues is held in the street
a court or at a deposition, usually name in order to support margin
prepared by the court reporter or for the owner’s convenience.
from notes made during the See also registrar.
proceeding. It is most frequently
transferred intent n. A doctrine
used at appeal hearings when
in both criminal and tort law that
the court’s proceedings are
holds that if one intends to harm
checked for errors.
Party A, but accidentally (or for
some other reason) harms Party
530

B, the harm will be treated as if traveler’s check must be

Party B were the intended victim. countersigned in presence of one
This is a legal fiction designed to who is accepting the traveler’s
bring about the desired outcome, check as payment.
which is for the person to be held
traverse n. A pleading in
responsible for and prosecuted
common law denying an
for an act of intent, and is most
allegation of fact in an
frequently applied in cases where
adversary’s pleading or
there is a homicide involved.
contesting that the adversary
transportation n. 1 The lacked adequate knowledge to
movement by a carrier of either make such an allegation in the
people, goods, or products from first place. See also denial.
one location to another. 2 A
general traverse. A flat denial
treasure trove
of all of the allegations in the
pleadings of one’s adversary.
kind of criminal punishment,
special traverse. A denial of
whereby a convicted criminal is
one alleged fact that is not
sent out of the country to an
absolute, but that seeks to
offshore penal colony for a
explain it away or qualify it by
specified period of time. See also
virtue of special
deport and deportation.
circumstances, such as an
traveler’s check n. An inducement that can be
instrument with a monetary face verified.
value that can be redeemed at
treason n. An attempt to
locations other than one’s own
overthrow the government of the
financial institution. Generally
state or nation to which one owes
accepted in all countries, a
531
allegiance, by making war
against that government or by
giving material support to the
enemies of that government. In
order to be convicted of treason,
a person must confess in open
court or there must be testimony
to overt acts by two witnesses.
See also sedition.
treasure trove n. French.
Treasure found. Valuables found,
secreted in the ground or other
hiding place, usually gold or
silver, that is of unknown
ownership. The finder of such,
under common law, is afforded
title to the treasure trove against
all except the actual owner.
treasury
treasury n. The branch of any
government or corporation that is
in charge of its financial dealings.
See also Treasury Department,
United States.
treasury bill n. A short-term
promissory note issued by the
federal government with a
maturity of 3 months, 6 months,
or one year. Treasury bills are
sold at a discounted rate and
attain full face value upon
maturity. See also treasury bond
and treasury note.
treasury bond n. A long-term
promissory note issued by the
United States government for
terms of 10 to 30 years and
backed by the full faith of the
United States government.
Because they are considered to
be risk-free, they carry the lowest
taxable yield of any bonds. They
are sold at a discounted rate and
attain full face value upon
maturity. See also treasury bill
and treasury note.
Treasury Department, United
States n. The United States
Treasury
Department’s basic functions are
to develop and propose national
532

and international monetary treasury securities n. A security

policies, and to serve as the issued by governmental unit.
financial agent of the government
treasury stock n. Shares of
to collect taxes, manage the
stock issued by a corporation,
public debt, disburse funds, mint
and then repurchased by it.
coins, and print currency. As part
of the executive branch of treaty n. An agreement or
government, it is also responsible compact between two or more
for enforcing certain laws. sovereign nations for the benefit
Toward that end, the Treasury of those nations. In the case of
Department includes the Bureau the United States, that agreement
of Alcohol, Tobacco, and must address external interests
Firearms (ATF), the United of the country, as distinguished
States Customs Service, the from those of a purely internal
Internal Revenue Service (IRS), kind. The president of the United
and the Secret Service. States has the sole power to
make treaties with the advice and
treasury note n. An
consent of the Senate. Individual
intermediate-term promissory
states are prohibited from making
note issued by the federal
treaties, and once a treaty is
government for a period of two to
ratified by the Senate, it becomes
five years. As with all other debt
binding on all of the states under
instruments of the federal
the supremacy clause. See also
government, they carry no risk,
treaty clause.
and so pay the lowest interest
rate of all instruments of similar treaty clause n. The provision of
term. See also treasury bill and the United State Constitution that
treasury bond. vests the power to make treaties
533

in the President with the advice trespass quare clausem fregit.

and consent of the Senate, and a See quare clausem fregit.
concurrence of two-thirds of that
trespass vi et armis. Latin.
body.
With force and arms. An
treble damagesSee damages. immediate injury, such as an
assault to another’s person or
trespass 1 n. An illegal act
property, accompanied by
committed against another’s
force or violence.
person or property; especially
entering upon another’s land trespasser n. One who, without
without the owner’s permission. 2 permission of the owner or
n. In common law, a legal suit for privileges, enters onto another’s
injuries resulting from an instance property intentionally. Under tort
of the first definition. 3 v. To enter law, such a person is owed no
upon property without consideration by the landowner
permission, either actual or for any ills that may befall him or
constructive. her. See also invitee.

trespass on the case. A trial n. 1 A formal judicial

common-law precursor to examination of issues of law or
today’s negligence, nuisance, fact between parties by a court
and business torts, it was a with jurisdiction in such cases. 2
suit to remedy injury to person A formal adversarial proceeding
or property not resulting to hear evidence and decide legal
directly from the defendant’s issues and claims. Trials are
conduct but a later covered by established rules of
consequence of same. courtroom procedure as well as
rules of evidence.
534

bench trial. A trial held in front trust

of a judge, but without the
presence of a jury. Both T.R.O. abbr. Temporary
parties must waive their restraining order. See
constitutional rights to a trial restraining order.
by jury. The judge then gets to
trover n. A common-law tort
decide matters of fact as well
action to recover damages for
as matters of law.
personal property that was
trial by jury. See jury trial. wrongly converted or for recovery

trial de novo. A new trial, of actual possession of that

usually ordered by an appellate property.

court that retries both matters of See also detinue and

fact and law and proceeds as if replevin. true bill See bill.

the original trial had never taken trust n. Property that is held by

place. See also mistrial and one party, the trustee, for the

retrial. trial court See court. benefit of another, the

beneficiary. The one who
tribunal n. 1 An officer or body
supplied the property or
with the authority to pronounce
consideration for the trust is the
judgment on a matter based upon
settlor. Trust also encompasses
the evidence. 2 A court or other
any relationship in which one acts
judicial body. 3 The bench or seat
as a fiduciary or guardian for
where the judge sits while
another.
presiding over a hearing or trial.
blind trust. A trust whereby the
tripartite adj. Composed of or
settlor places all financial
having three parts; divided into
interests under the control of
three parts or elements.
an independent trustee for a
535

period of time, most often in purpose of the trust. This is an

order to avoid the appearance ordinary trust as distinct from
of a conflict of interest. a resulting or constructive
one.
constructive (involuntary)
trust. A trust that is imposed fixed investment trust. See
by a court against one who nondiscretionary trust.
has acquired property by
trust company
wrongful means, in order to
prevent the holder of that
generation skipping trust. A
property’s being unjustly
trust set up to transfer
enriched and for the benefit of
property to a beneficiary more
the rightful owner. No
than one generation removed
fiduciary relationship is
from the settlor, such as a
created by this type of trust.
grandchild.
discretionary trust. A trust in
grantor trust. In this type of
which the settlor has granted
trust, the settlor retains so
the trustee the discretion to
much control over the
pay to the beneficiary as
property in trust and/or its
much of the income or
income that the settlor is
principal as the trustee sees
responsible for taxes on that
fit. This is the type of trust
property.
most often used in estate
planning. inter vivos trust. A trust
created and takes effect
express (direct) trust. A trust
during the lifetime of the
set up with an affirmative
grantor.
expression by the settlor
(usually in writing) of the
536
pourover trust. An intervivos
trust that receives money from
another trust or other source
or that distributes receipts to
another trust.
precatory trust. Trusts created
by a will by use of precatory
words such as “wish” or some
other entreaty rather than
specific direction. See also
precatory.
resulting trust. A trust brought
about by law when the
circumstances in which
property is transferred that
suggest that it was not the
intention of the transferor to
give beneficial interest in the
property to the transferee.
testamentary trust. A trust
created by a will and that
comes into existence upon
the death of the grantor.
Totten trust. A bank account
created by the depositor in
trust for another. It is often
used to name a successor to
an account without the need
to write a will. It is also fully
revocable.
voting trust. The combination
of voting rights among a
group of stockholders to exert
a higher degree of influence
or control within the
corporation, or to bring about
a specific result.
trust company n. A financial
organization that specializes in
providing services such as acting
as a trustee, fiduciary, or agent
for individuals and companies.
Trust companies typically provide
transfer agents to administer
funds and manage investments.
Trust companies are regulated by
the government and often provide
banking services.
trustee n. Someone who holds
title in trust for the benefit of
another person and who owes
fiduciary responsibility to that
537

beneficiary. Also used loosely to must furnish the dollar amount of

refer to anyone acting as the interest charges, as well as
guardian or fiduciary with respect the annual rate of interest.
to another person. Borrowers pledging real property
as collateral must be given a
bankruptcy trustee. A court
three-day cooling-off period,
officer appointed by a judge or
during which they may change
elected by creditors to act as
their minds.
the representative of a
bankruptcy estate. try v. To judiciously examine both
sides of a dispute and to come to
trustor n. The person who
an equitable solution by virtue of
created the trust, also known as
a trial. try title n. Submitting the
the donor or the grantor, but
legitimacy of the title to property
most frequently called the
to the scrutiny of a court.
settlor.
turntable doctrine See
truth n. A completely accurate
attractive nuisance doctrine.
account of the facts; an
turpitude See moral turpitude.
affirmative defense in a suit for
defamation. tying arrangement

Truth-in-Lending Act n. A
federal statute that requires tying arrangement n. An

commercial lenders to provide antitrust practice of one seller

accurate information relating to agreeing to sell one product or

the cost of borrowing, in service to a buyer only if the

language that a normally buyer agrees to buy another

intelligent person could be product or service. Such an

expected to understand. Lenders arrangement may be deemed

538

illegal under the Sherman

Antitrust Act.
539
U
U3C See Uniform Consumer
Credit Code.
UCCSee Uniform Commercial
Code.
UCCC See Uniform Consumer
Credit Code.
ultimate factsSee fact.
ultimatum n. The final offer in
negotiating an agreement,
carrying with it the implication that
if it is not accepted, bargaining
will cease.
ultra vires adj. Latin. In excess
of, or outside of powers; that
which is beyond a corporation’s
or an agency’s authorized power.
A corporation’s ultra vires activity
may lead to its forfeiting its
charter of incorporation.
unavoidable accident n. See
accident.
unclean hands n. The doctrine
that a party seeking damages or
redress in a suit cannot have
done anything illegal or dishonest
himself in the transaction with
which the suit is concerned; an
equitable principle stemming from
the concept that one who has
done wrong should not recover
from another who may also have
done wrong. See also clean
hands.
unconditional discharge n. 1 A
release from a debt with no
further obligations to fulfill. 2 A
release from confinement without
the requirement of spending time
on parole. unconscionable adj.
So harmful to the interests of one
of the parties to an agreement or
contract as to make that paper
540

unenforceable and, therefore, null may have for subsequent

and void. repayment.

unconstitutional adj. In conflict under the influence See driving

with the letter or intent of the while intoxicated. undisclosed
United States Constitution. When principal See principal.
a statute is found to be undue influence n. A persuasive
unconstitutional, all obligations power sufficient to sway the free
arising from it are unlawful, and will of a donor or testator. Such
no person can be held influence constitutes just cause
accountable for having failed to for a court to nullify a will or
live up to his or her obligations invalidate a donor’s gift. A
under that statute, nor is the contract may not be binding if one
statute enforceable. party has undue influence over

uncontrollable impulse n. An the other; for example, one

impulse so overwhelming that it between an employer and an

cannot be resisted. See also employee or between a priest

irresistible impulse test and and a penitent.

insanity. unethical adj. Not in accordance

under protest n. Complying with with the moral standards

an obligation while asserting an customarily followed in a

objection to the obligation. For business or professional

instance, when paying a disputed relationship. See also conflict of

debt, the payor may note that it is interest and Model Rules of

being paid “under protest,” Professional Conduct.

thereby preserving any claim he unfair competition n.

Misrepresenting the reputation,
541

name, or good will of a company habitual drinking to the point of

or person as that of another; inebriation, or use of illicit drugs.
untrue or misleading advertising
unified estate and gift tax n. A
that causes a consumer to be
tax imposed on property transfer,
misled; unethical business
especially by inheritance, by will,
practices. Unfair competition is a
or as a gift. The federal tax laws
tort and a fraud, for which legal
treat lifetime gifts and death gifts
remedy and redress may be
equally. Sometimes referred to as
sought.
the federal transfer tax or the
unfair labor practice n. An act of unified transfer tax.
an employer against an employee
Uniform Commercial Code n. A
that has been prohibited under
law governing the sale of goods,
the National Labor Relations Act,
commodities, and bank
particularly those relating to an
transactions. With some
employee’s efforts to form or join
modifications, this law has been
a union, or the refusal of an
adopted by all 50 states and in
employer to collectively bargain
the District of Columbia and the
with a group of employees or
U.S. Virgin Islands.
their representatives.
Uniform Consumer Credit Code
unfit adj. In products law, not
n.
qualified or unsuitable for a
One of several uniform codes that
particular use or purpose.
states may or may not adopt. It
unfit parent n. A parent with was intended to give consumers
suspect morality, or one who may a better understanding of all
engage in illegal or excessively aspects of credit transactions and
unhealthy habits, such as to help encourage sound
542

consumer credit practices. Also laws from state to state. Uniform

known as U.C.C.C., U3C, and laws have been put forth by
UCCC. Commissioners on Uniform State
Laws. Some of the uniform laws
Uniform Gifts to Minors Act n.
have been adopted by a few
A law adopted by every state that
states only, after making minor or
creates a United States
major changes, while others have
Attorney
been universally adopted, e.g.
Uniform Child Custody and
method for setting up a trust as a
Jurisdiction Act; Uniform Power of
gift to minors. The gift is made by
Attorney Act; Uniform Anatomical
setting up a trust in the name of
Donations Act; and Uniform
the custodian or registering the
Arbitration Act.
property in the name of the
custodian “as custodian for . . . .” unilateral adj. Literally, one-
The statute also sets forth the sided; relating to only one of two
terms under which the custodian or more people or things.
may make withdrawals to be unilateral contract See
used for the benefit of the minor. contract. unilateral mistake See
Unless otherwise specified by the mistake.
donor, the custody of the trust union shop n. A place of
goes to the minor upon reaching employment that hires only
age 18. Otherwise, custody unionized workers.
passes at age 21.
United States Attorney n. An
uniform laws n. An unofficial set attorney appointed by the
of laws proposed for all states to President of the United States to
adopt as written, for the purpose plead the United States
of their being more uniformity of government’s case in civil and
543

criminal cases in a federal district Appointed by U.S. district court

court. A United States attorney judges, U.S. magistrates are
works under the direction of the judicial officials with broad
Attorney General of the United powers to conduct pre-trial
States; each federal judicial hearings and conferences in both
district has one United States civil and criminal cases. With
Attorney, with an office composed consent of the parties, Magistrate
of multiple Assistant United Judges may preside over trials in
States Attorneys. See also civil cases as well as criminal
district attorney. misdemeanor cases.

United States Claims Court 266

unities n. A legal fiction left over

United States Claims Court
from common law—a creation of
See court.
a unity for joint tenancy or
United States Code n. The ownership. The four unities are
official, bound codification of interest, possession, time, and
federal law; this multi-volume set title. See also joint tenancy.
is issued anew every six years
unity of interest. Requires that
and updated by supplements in
each and every joint tenant’s
the intervening years. The
interests are identical in kind,
supplement is called the United
breadth, and time.
States Code Congressional and
Administrative News. unity of possession. The
necessity that each joint
United States courtsSee court.
tenant must be entitled to
United States magistrate n.
544

possess the whole property in unjustifiable enrichment of either

its entirety. of the foregoing types.

unity of time. The necessity unlawful adj. 1 Not authorized by

that all joint tenants’ individual law; illegal. 2 Punishable under
interests must vest criminal law. 3 Characterized by
simultaneously. moral corruption.

unity of title. Requires that all unlawful act n. Behavior that is

joint tenants acquire their not authorized by law;
interests by means of a single commission of or participation in
document. an activity that violates criminal or
civil law.
universal agent n. One who by
mutual consent is authorized to unlawful assembly See
carry out all business of every assembly. unlawful detainer
kind for another. See detainer.
unlawful entry n. An entering
unjust enrichment n. 1 The
onto someone’s property without
keeping of a benefit bestowed or
that person’s consent, by force or
performed by another without
fraudulent pretense. Unlawful
offering appropriate
entry is distinct from burglary,
compensation, in circumstances
which entails the breaking and
where compensation is
entering into someone’s dwelling
appropriate. 2 A benefit conferred
with criminal intent.
by another and neither intended
as a gift nor legally appropriate, unlawful force n. Power or
for which the recipient must make violence that is directed against a
restitution or payment. 3 The person without that person’s
portion of the law that treats consent. Such an act is
545

punishable as an offense or search and seizure. upzoning

actionable tort. See zoning.

unliquidated adj. Not previously usage of trade n. A trade

determined or specified (left to be practice that is so common in a
determined by the court). particular region or vocation that
an expectation of its being
unreasonable adj. 1 Not
followed in a given transaction is
determined by reason; capricious;
justified; a usual and customary
arbitrary; irrational. 2
practice or set of practices
Unsupported by a valid exception
connected with a particular type
to requirements of a warrant; for
of business or trade; for example,
example, unreasonable search
in mortgage loan transactions it is
and seizure.
customary for the borrower to pay
unreasonable search and for an appraisal of the value of
seizure n. An inspection or the property.
examination without legal
use n. 1 The right to enjoy the
authority (warrant) of a person’s
benefits derived from ownership
self, papers, or belongings, with a
of property, both real and
hope toward recovering stolen or
personal. 2 A habitual practice,
illicit property or gathering
such as drug use. 3 A purpose or
incriminating evidence to be used
an end served; for example, a
against that person; the actual
screwdriver’s use is tightening or
taking of that property into
loosening screws. 4 The purpose
possession. Both the Sixth and
for which something is adapted;
Fourteenth Amendments to the
for example, neighbors
United States Constitution protect
complaining of the owner’s use of
individuals from unreasonable
546

the building to give trumpet publicservice utility, electric

lessons. company, and so on.

useful life n. An estimation of the utter 1 adj. Total, complete,

amount of time that exhaustible absolute. 2 v. To speak or
property will generate income. It publish. 3 v. To use a forged
is used to calculate depreciation check or instrument; to put it into
and amortization. uxor circulation, as opposed to just
creating the forged document.
use immunitySee immunity. ux. See uxor.
usurious contract n. A contract uxor n. Latin.
that imposes an illegally high Wife.
interest rate on the repayment of

V
a debt. See also usury and loan-
sharking.

usury n. 1 Archaic. Charging

interest on borrowed money. 2
The charging of an illegally high
rate of return, typical of a loan
shark. 3 An illegally high interest
rate. vacate v. 1 To set aside or make

utility n. 1 Some society- void; to nullify; to vacate a

benefiting quality. 2 The ability to judgment. 2 To physically leave,

form some function. 3 A business as in “to vacate the building. See

that forms an essential public also abandonment and

service and that is often overrule.

government regulated, such as a

547

vagrancy n. A vague, poorly presented in this case, it is valid

delineated set of minor offenses to conclude that she did what she
(dating from the downfall of was charged with having done.”
feudalism in England, when there
valuable consideration See
was an acute shortage of
consideration.
laborers), such as being in a
condition of unemployment, value n. 1 What something is

wandering from place to place worth in monetary terms, or in

with no apparent purpose, and money; a thing’s market worth. 2

having no visible means of The usefulness or desirability of

support. More recently, the police something. 3 Adequate

have utilized vagrancy statutes contractual consideration. See

for arresting persons thought to also fair market value. value-

have committed a crime, when added tax See tax.

lack of probable cause for the vandalism n. Deliberate defacing

person’s arrest is lacking. or destruction of property;
Vagrancy statutes have not been ignorant defacing of anything
well received by the courts, due beautiful or treasured, such as a
to their abuse, and have often work of art, architecture, or a
been declared unconstitutional valued building. Ignorance or
due to their vagueness, and their malice is usually inferred.
ignoring of due process.
variance n. 1 A discrepancy
vagueness See void for between two documents or
vagueness. statements that should agree;
especially in a criminal trial, a
valid adj. 1 Legally binding, such
disparity between what is alleged
as a valid agreement. 2 Having
in the charges and what is
merit, as in, “given the facts
548

presented at trial as proof. 2 In vendor’s lien. A lien on real

zoning law, an exception to a property held by the seller
specified zoning regulation that until the purchaer has made
may be granted by a zoning full payment.
board or authority; for example,
venire n. Latin. A panel of jury
reducing the number of required
duty selectees, from among
parking spaces for a business
whom the actual jury will be
below the number set forth in
chosen.
zoning regulations as being
required for a business of that venire de novo. A calling of a

size or type. new jury panel for the purpose

of holding a second trial, in
vend v. To sell for money or other
cases where a first trial has
valuable consideration. (The term
failed to render a verdict.
is not usually used to refer to real
property, although its other forms, venue n. Usually, the locality

vendor and vendee, are.) within which the trial or suit will
take place, as sometimes there
vendee n. A purchaser,
may be several places where
especially in a contract to
jurisdiction could be
purchase real estate; a buyer.
established. Venue is often a
vendor n. The person selling, matter of convenience to the
especially in the case of real parties in a civil suit. In a criminal
property. The term seller is more suit, where it may be difficult to
frequently used when referring to empanel an impartial jury (due to
transactions involving personal extensive publicity or other
property. considerations), a change of
549

venue may be sought. See also considered improper, happens

forum nonconveniens. often.

veracity n. 1 Honesty; credibility; general verdict. A verdict that

truthfulness, as in, “the witness’s simply declares which side
previous criminal record brings wins, without finding any
into question his veracity.” 2 The special facts to be true.
accuracy of an account of an
partial verdict. A verdict in a
event.
criminal case that finds the
verdict n. The conclusion of a defendant guilty of some
jury, or of a judge in a non-jury charges but innocent of
case, of what the facts are or others.
were. A verdict, being a finding of quotient verdict. An improper
fact, is different from a judgment verdict in a damage case,
or a judicial decision. The trial whereby the jurors find the
court may choose to accept or to arithmetic mean of what they
disregard the verdict in think are appropriate
determining judgment. damages; that is, the total of
compromise verdict. A verdict what each juror believes
achieved by some juror giving should be awarded, divided by
in on one of his or her the number of jurors to arrive
misgivings in exchange for at the amount of the award.
another juror’s doing the
veto
same, in order to avoid a
deadlock or extended period
special verdict. A jury verdict
of deliberation. Such an
that sets forth findings on the
exchange, although
merits of each factual issue
550

posed by the court, then used vested estate. See estate.

by the court in applying the
vested interest. A current right
law to the facts that were
or title to possess a thing,
found to have merit. When
even though the actual
applied in a criminal case,
possession may not take
where the judge directs the
place until sometime in the
jury to render special verdicts
future.
on specific charges in a case,
such action has been vested remainder. A property

declared to be in the estate of a deceased

unconstitutional, as the that is limited to a certain

defendant is entitled to a specified person, whose

general verdict. enjoyment of same may be

deferred to some future time.
verification n. A statement
attesting to the truth, correctness, veto 1 n. The power of one

or authenticity of the things branch of government to prohibit

avowed in a written statement; an a certain action by another; for

affidavit attached to a written example, the chief executive’s

statement affirming its right to refuse to sign a

truthfulness. vertical price fixing legislature-passed bill into law. 2

See price fixing. vertical privity v. The act of refusing or canceling

See privity. the act of another or the passage

of a law.
vested n. An unconditional right
of current or future enjoyment of
title to and actual possession of
property, whether personal or
real. See also contingent.
551

vexatious litigation vice crimes in most states and

communities.
pocket veto. As to a chief
vicinage n. The vicinity or
executive of a governmental
neighborhood in which a criminal
body, such as the President of
activity has been perpetrated, or
the United States, the failure
in which a trial is being held; the
to approve a proposed
community from which the jurors
legislative act, thereby
are being called.
resulting in the proposed law
not being passed, and videlicetSee viz.
therefore “vetoed.” view n. 1 An unobstructed look

vexatious litigation n. A civil suit out of the windows of a dwelling.

that can be shown to have been 2 An urban encumbrance

brought maliciously and in the prohibiting the building of

absence of reasonable cause. anything that would obstruct a

See malicious prosecution. person’s view from his or her

window. 3 A jury’s trip to a crime
vicarious adj. Suffered,
scene or other location thought
performed, or experienced by one
necessary to see the physical
person as a substitute for
particulars of the case before it
another; indirect; in surrogate.
that might not be capable of
vicarious liability See liability.
being observed in the courtroom.
vice crimes n. Activities that are 4 A lineup. See also lineup.
made illegal because they offend
violation n. 1 A breaking of the
the moral standards of the
law; an infraction; a
community banning them.
transgression. 2 The act of
Gambling, pornography, and
breaching the law; contravening a
prostitution are the big three of
 552

duty or right. 3 An offense against visitation rights n. The right of

the public welfare. the non-custodial parent, granted
by the divorce or family court, to
violation of probation See
visit with the child on some sort of
probation.
scheduled or regular basis.
violence n. The use of physical
vis major n. Latin. A superior
force, especially physical force
force; the term is used in civil
utilized with malice and/or the
cases to denote an act of God. A
attempt to harm someone. Some
loss vis major results from natural
courts have ruled that in labor
causes, such as a hurricane,
disputes, violence includes
tornado, or earthquake, and
picketing with false information on
without the intervention of human
the placards, in an attempt to
beings. It is a loss that could not
harm a business. vir n. Latin.
have been prevented by diligence
Man.
or by having taken precautions.
virtual representation n. A See also force majeure.
bringing of an action on behalf of
vitiate v. 1 To interfere with; to
a party or parties unnamed, as in
impair; to render null and void; to
the case of a class action where
cause to have no effect. 2 To
a number of people have an
invalidate either partially or
interest similar to the named
completely. 3 To corrupt morally.
party, and upon whom the court’s
judgment will be binding. It is viz. abbr. Latin. Namely; to wit;
often preferable to have a that is to say. Used to elaborate
guardian ad litem appointed to on what has already been said in
protect the interests of the more particular or precise
nonparties. language.
553
voice exemplar n. A sample of
one’s voice for the purpose of
comparing to the actual person’s
voice, or a recording of same,
used for identification.
void n. Of no legal effect; empty;
unenforceable; those provisions
having no effect whatsoever.
voidable n. Able to be later
voided or nullified; a valid act that
may achieve what its purpose
was until its fatal flaw
discovered or takes effect and
causes it to be voided. For
example, a minor may enter into
an agreement with a book club
and not buy the number of books
she contracts to. When the book
club tries to recover
remaining part of the contract, the
minor repudiates it and
becomes void, because a minor
may not make a valid contract.
voidable preference.
Bankruptcy term referring to a
payment or transfer made by
the debtor to a creditor within
a certain period of time before
declaration of bankruptcy is
made, to the disadvantage of
other creditors seeking a
share of remaining assets of
the debtor; such payments
may be set aside.
void for vagueness n. When it
becomes necessary for a person
of average intelligence to guess
at the meaning of a law or how
is
that law is to be applied, the
statute is constitutionally void for
vagueness. A criminal statute
may be vague for how it is to be
applied, to whom it applies, what
conduct is forbidden, or what the
punishment is for violating it.
the
voir dire n. French. Literally to
it see, to speak; hence,
idiomatically, to speak the truth.
The usual reference is to an
examination by the attorneys
and/or the court of prospective
jurors to determine whether
 554

reasons exist that might voting n. The casting of ballots to

disvoting right decide an issue; usually used to
refer to the casting of votes in
qualify them or cause their order to elect officials or to decide
selection to be challenged, other a question on the ballot.
than peremptorily. During a trial, voting trust. Entrustment by a
a voir dire examination refers to group of stockholders in a
one outside the hearing of the corporation of their votes to a
jury concerning some issue of trustee, who shall be
fact or law that requires the court empowered to act on their
to rule. behalf, without the

volenti non fit injuria n. Latin. stockholders retaining control

The volunteer suffers no wrong; a to direct the trustee’s actions.

person cannot usually sue for voting right n. 1 In corporate

damages when he consented in law, the right of a shareholder to
the first place to whatever it was cast a vote in the election of
that caused the damages. corporate officers and to vote at

voluntary appearance See meetings to decide corporate

appearance. policy or transactions. 2 In

constitutional law, the right to
voluntary manslaughter n. An
vote may not be denied to an
act of murder reduced to a
individual based on race, sex,
charge of manslaughter due to
color, or previous condition of
extenuating circumstances, such
servitude. In addition, in federal
as diminished capacity or being
elections it is not permissible to
provoked in the heat of passion.
charge a poll tax.
voluntary waste See waste.
555

Voting Rights Act

Voting Rights Act n. A federal

law passed in 1965 that states
that no voting qualification,
prerequisite, or standard practice
or procedure shall be imposed or
implied by any state or political
subdivision to deny or abridge the
right of any citizen of the United
States to vote because of race or
color.
Specifically proscribed by the law
is use of intimidation. In 1973, the
act was expanded to prohibit
restrictions based on literacy or
education.
556

income tax to be withheld from

W
that employee’s paycheck.

wage n. The payment to an

employee, usually based on hours
worked or quantity of goods or
services produced.

wager n. 1 Money or other

consideration put at risk on a
W-2 form n. A federal tax form,
gamble, a bet, or some other
copies of which are provided by
uncertain occurrence. 2 Money
the employer to employees and to
promised if a certain event should
the IRS, stating total earnings;
occur.
federal, state, and municipal
taxes withheld; FICA taxes; and waiting period n. The amount of
various other deductions including time that must pass before a right
contributions to retirement is given, as, for example,
accounts, unemployment registration of a handgun, or grant
insurance (in some states), and of a marriage license; in
health insurance (in certain insurance policies, the period of
states). time during which a policyholder
must wait before starting to collect
W-4 form n. A federal tax form,
benefits, e.g., as with a 90 day
on which the employee indicates
wait after disability commences
the number of personal
before disability benefits will start
exemptions she will be claiming
to be paid by the insurance
so that the employer can
company.
calculate the amount of federal
557

waive v. 1 To voluntarily give up, express waiver. A deliberate

abandon, or surrender a right, and voluntary waiver.
privilege or claim. Usually, a right
implied waiver. A waiver of
may only be waived if the person
certain rights based upon the
so doing has full knowledge of
action of the waiving party. For
what the consequences might be.
example, if a person tells a
2 To abstain from insisting on a
courier he does not care what
formality, such as an extradition
condition a package is in as
hearing prior to extradition.
long as it arrives by a certain
waiver n. 1 A voluntary time, that person has waived
relinquishing of a right or the right to require the courier
privilege. Although a waiver may to treat the parcel with the
result from an explicit surrender normally expected care.
or by circumstances, courts frown
prospective waiver. A waiver
on accepting waivers of
of something that may occur in
constitutional rights. The party
the future; for example, the
waiving a right must have
right to participate in an award
knowledge of that right and the
from a future, anticipated law
informed intention of surrendering
suit. Prospective waivers are
it. 2 The paper by which a person
often deemed to be
surrenders his or her rights; for
unenforceable, as the party
example, when the courier
giving up a right cannot, by
delivered the package, the
definition, know the
recipient may sign a waiver
parameters of what is being
relieving the former of any further
given up.
responsibility.
558
want of consideration n. The
lack of consideration in exchange
for goods or services, may form
the basis for a contract to be
unenforceable. See
consideration.
want of prosecution
want of prosecution n. The
failure of a litigant to pursue a
case in a timely manner,
sometimes resulting in dismissal
of the case.
wanton adj. Reckless; extremely
careless; acting with
disregard for others;
conduct that is beyond mere
negligence. In criminal
malicious or malevolent intent.
ward n. 1 A person for whom a
guardian has legal responsibility,
or one over whose property a
guardian has responsibility. Title
to legal property remains with the
ward, although he or she may not
enter into any contracts involving
same. 2 A division of a town for
electoral or educational purposes.
wardship n. 1 The position of
guardian usually, but not
also
necessarily, over a minor. 2 The
situation or condition of being a
ward.
warrant n. 1 An order in writing
from a competent authority
instructing that a certain act be
carried out. 2 In commercial and
property law, a warrant also refers
to a guarantee that a property
being sold or transferred meets
utter certain specified criteria.
implies
arrest warrant. A court order
directing that a certain person
law,
be taken into custody by the
sheriff or other law officer and
made to appear before the
court to answer a complaint,
or for some other reason.
bench warrant. An arrest
warrant issued specifically by
a judge for a person who has
failed to appear before a court
559

after previously having been stock warrant. A certificate

summoned to do so, or who entitling the bearer to buy a
has been indicted for an certain number of shares of
offense or found to be in stock at a specified time for a
contempt of court. set price.

death warrant. A warrant warranty n. The attesting of one

issued by a governor or other party to a contract to the other of
person with authority, reliable facts so that the second
commanding that a prisoner party does not need to ascertain
under sentence of death be such facts for him or herself.
put to death at a certain time Such assurance carries with it a
and in a certain manner. promise to indemnify the second
party for any loss should the
general warrant. A warrant
particulars of the warranty prove
used by the government to
not to be factual. Such a warranty
search a described premises
may be express or implied.
and seize any proscribed
substances not described in express warranty. A warranty
the warrant. This type of created by the specific words
warrant has been held of the warrantor promising the
unconstitutional by the purchaser of goods that the
Supreme Court as violating merchandise being sold
the Fourth Amendment of the possesses or lacks certain
United States Constitution, qualities.
except in cases where the
implied warranty. A warranty
seized items are in plain sight.
arising from the existence of
certain laws governing the
560

conditions under which a and that the premises will remain

certain thing may be habitable for the lease’s duration.
transferred, rather than from
warranty of merchantability.
the words of the seller.
An implied guarantee on the
limited warranty. Warranty part of a merchant that the
limited as to period of time or merchandise he sells is
scope, e.g., a warranty for an suitable for the general
automobile may be for only purpose that it is sold. For
certain components of the car, example, if the merchant sells
or for a specified number of house paint, it is implied that
miles or months. that paint will adhere to walls.

warranty of fitness for a warranty deedSee deed.

certain purpose. A warranty
waste n. Permanent harm done
that the merchandise is suited
to real property by a person or
for use for the special
persons in legal possession of
purpose for which the buyer is
that property (such as a tenant),
acquiring it, rather than merely
such that the property’s value to
fit for general use.
its actual owner or future inheritor
275 weight of the evidence is

diminished. The legal possession

warranty of habitability. A
part is critical in distinguishing
landlord’s promise that from the
waste from trespass.
start of the lease there are no
hidden difficulties or defects that ameliorating waste. An
might affect the use of the unauthorized physical change
premises for residential purposes, of an occupied structure by a
tenant that, while technically
561

waste, actually increases the allowing water to accumulate

value of the property, such as in a leaky basement over the
tearing out old carpeting and course of years.
putting in new, better quality
voluntary waste. Damage
carpeting. Such an act is
directly caused to the property
rarely considered grounds for
by a voluntary act of the
liability.
tenant, such as filling in
equitable waste. Damage drainage ditches or punching
done by a lifelong tenant who a hole in the roof.
normally would be
wasting property n. Ownership,
unchallengeable, but who may
right to, or interest in a wasting
be enjoined by the court using
asset.
the standard of variance from
what a prudent man would do wasting asset. An asset that

with his own property. will be consumed through

normal use, such as the gold
hazardous waste. By-product
in a gold mine, oil in an oil
of certain industries or
well, or a copyright.
activities, determined to be of
unusually dangerous nature, weapon n. An implement used or
e.g., radioactive waste, designed to be used to kill or
generally subject to special injure a person. See also gun-
rules of disposable and/or control law.
recycling. permissive waste. concealed weapon. A weapon
Damage done by a tenant’s that is carried by someone but
failure to make reasonable is not visible to the ordinary
repairs that he might normally observer’s eye.
be expected to see to, such as
562
dangerous weapon. An
implement or device that is
capable of causing serious
bodily harm or death; not to be
confused with a deadly
weapon. A dangerous weapon
may be deadly; a deadly
weapon must be dangerous.
deadly weapon. Any firearm or
other device (crossbow,
longbow, bomb, grenade, and
so on), substance (poison), or
material (dagger, cutlass),
that, when used in the manner
it was intended to be used, will
be likely to cause death.
weight of the evidence n. The
relative value of the total evidence
presented by one side of a judicial
proceeding when compared to the
evidence presented by the other.
The phrase refers to the
persuasiveness of the testimony
of witnesses and the physical
evidence combined. See also
burden of proof.
Westlaw
Westlaw n. An online legal
research service for legal and
law-related materials and
services, including searches of
United States and international
legal materials, federal and state
statutes, and legal periodicals;
maintained by the West Group of
Thomson Learning, Inc.
white-collar crime n. A phrase
denoting a variety of nonviolent
crimes and commercial offenses
committed by business people,
public officials, and con artists.
Consumer fraud, bribery, stock
manipulation, and embezzlement
are among the improprieties in
this category. wilful See willful.
will n. 1 Desire, intent, choice, as
in, “she exercised her own free
will.” 2 A document spelling out
what is to be done with the
person’s (testator’s) belongings
after she has died. Such
document has no force while the
563

person is alive and may be that is not necessarily

altered or revoked at any time, reciprocating or mutual. last
but becomes applicable at the will and testament. Phrase
time of the testator’s death to commonly used to refer to the
whatever the conditions of the latest (most recent) instrument
estate are at the time of death. directing the disposition of the
The difference between a deed personal property of the
and a will is that a deed passes signer(s).
an interest upon delivery, while a
mutual wills. See reciprocal
will is effective only on death.
will.
estate at will. The right of a
nuncupative will. An oral will
grantee to use and possess
dictated by the testator just
land by mutual agreement (or
before death, before a certain
will) with the grantor; the right
number of witnesses
to use the property terminates
(depending on state law), and
when the will of either party
put in written form after death;
ends.
generally invalid in most
holographic will. See states.
holographic will.
willful adj. 1 In civil law,
joint and mutual will. One will intentional, voluntary, knowing;
executed by two or more distinguished from accidental, but
persons with reciprocating not necessarily malicious. 2 In
provisions of consideration of criminal law, an act done
each to the other. stubbornly or with an evil intent.

joint will. A single will signed winding up v. The process of

by two or more persons but dissolving a partnership or
564

corporation by collecting all withholding n. 1 The portion of

assets and outstanding income,
satisfying all the creditors claims,
and distributing whatever remains
(the net assets). These may be
distributed as cash or in kind, first
earned wages that an employer
deducts to cover income tax
purposes and forwards to the
government. 2 The process by
which the employer makes the

277 writ of assistance

to preferred stockholders, if any, deduction. See also W-2 form
and then to remaining and W-4 form.
shareholders, if any, pro rata.
withholding taxSee tax.
Winding up is in anticipation of a
company’s dissolution. See also witness 1 n. A person who gives

liquidate. testimony under oath and penalty

of perjury in a court of law 2 v. To
wiretap 1 n. The listening in of
observe the execution of a legal
any wire or oral communication
document and to authenticate it
by use of electronic or mechanical
by affixing one’s name to it.
means; generally illegal where
both parties to the communication adverse witness. See hostile

are unaware of the wiretap. witness.

Unauthorized use or possession character witness. One who

of wiretap devices is prohibited testifies to the reputation of
under state and federal law. 2 v. another as a reliable,
The act of placing an electronic reputable member of the
device to listen in on oral community. Character
communications. See also witnesses may be used to
bugging, and pen register. support or impugn the
565

testimony of a key party. property laws, gives an interest in

expert witness. See expert. land to B, but nothing to her heirs.

hostile witness. One whose words of purchase n. Language

adverse relationship to a party in a deed or will conveying to
may prejudice his or her whom the grant is going. The
testimony against that party. A words designate the nature of the
person declared to be a estate granted, for example, “to B
hostile witness may be asked and his heirs” might be
leading questions and may be interpreted the grant goes to B,
crossexamined by the party and then to his heirs as long as
who called him or her. the family line exists.

lay witness. A witness other workhouse n. A jail for criminals

than an expert witness. who have committed minor
offenses and who will not be
material witness. A witness
serving lengthy terms.
called to testify about an
important or essential matter, work product n. That work done
or a matter having a logical for a client by an attorney
and necessary connection to representing the client and
the facts under consideration. generally considered protected
from discovery. It includes
w.o.p.See want of prosecution.
statements written and spoken,
words of limitation n. Words in a as well as tactics, opinions, and
deed or will that are conventional, thoughts that are protected by the
but non-literal. As an example, attorney-client privilege.
the phrase, “to B and her heirs,”
work release program n. A
by longstanding convention of
program allowing a prisoner to
566

voluntarily participate in a training writ of assistance n. 1 Archaic.

program away from the prison, or One of the most hated abuses of
to work at a paying job in the common law in colonial America,
community, while continuing to it was a general warrant for an
serve as a prisoner at a penal officer of the crown to search
institution. State prisoners in such wherever he pleased for goods
a program may not be imported without paying British
involuntarily removed from that tariffs. They were greatly abused
program without due process and led to the constitutional ban
showing that he or she is a threat against unreasonable search and
to the community. See also seizure. 2 In current practice, a
halfway house. writ of assistance is a remedy for
the transfer of property when the
worth n. 1 The value of
title has been previously decided
something, expressed in
by a prowrit of certiorari
monetary terms; all of a thing’s
qualities that make it useful and
ceeding, and is issued to enforce
valuable, expressed in terms of a
the prior judgment or decree. writ
medium of exchange. 2 The total
of certiorari See certiorari.
monetary value of a person. 3
The sentimental value of writ of error n. An order from an
something; emotional value. appellate court to a lower one to
deliver a case’s records for the
writ n. The written order of a court
purpose of reviewing them.
in the name of the state or other
legal authority ordering the writ of habeas corpus See
person addressed to either do habeas corpus.
something or restrain from doing
writ of mandamus See
something.
mandamus.
567

writ of possession See writ of wrongful-birth action n. A legal

assistance. suit brought by parents against a
doctor who failed to inform them
writ, peremptory See
of the risks of having a child with
peremptory writ.
prospective birth defects. See
written instrument n. Anything also wrongful-life action.
expressed in writing; a contract or wrongful conduct See wrongful
agreement contained in the act. wrongful-death action n. A
writing. Many statutes are lawsuit brought alleging damages
required to be expressed in from a wrongful act, default, or
writing in order for them to take negligent behavior that resulted in
effect. the aforementioned’s demise.

wrong 1 n. A violation of another Such action may be brought by

person’s legal rights; an illegal the executor or administrator of

act. 2 v. To violate another the decedent’s estate, as well as

person’s rights or to do harm. See his or her surviving family,

also tort. claiming deprivation of economic

benefit that would have been had
wrongful act n. Any act that will
in the way of income or services
damage the rights of another,
had the decedent survived.
unless it is done in the exercise of
Wrongful-death laws are different
another equal or superior right.
from survival statutes, which
For that reason, the scope of
provide for legal action to sue for
wrongful acts is not limited to
mental anguish, medical
illegal acts, but includes acts that
expenses, pain and suffering, or
are immoral, anti social, or libel to
lost wages springing from the act
result in a civil suit.
leading to the death. Both
statutes, however, circumvent the
568

common law rule that death

extinguishes civil law suits. There
is a wrongful death statute in
every state in the United States.

wrongful-life action n. A legal

action on behalf of a child with
birth defects, alleging that the
parents would not have conceived
the child or would have aborted
the fetus if the doctor-defendant
had informed them of the
congenital defects to be
expected, in order to avoid the
pain and suffering resulting from
the child’s defects. Most
jurisdictions reject these actions.

wrongful-pregnancy action n. A
lawsuit brought against a doctor
by a parent for damages resulting
from a pregnancy after a failed
procedure to sterilize.
569 Abbreviations

day after the act that allegedly

XY
caused it.

years, estate for n. An interest in

land for a specific and
predetermined period of time.

yellow dog contract n. A

document required of an
employee by the employer, as a

Z
condition of employment, in which
the employee promises not to join
a labor union, with penalty for
breach being the termination of
employment. Federal laws,
including the National Labor
Relations Act, have made such
contracts illegal.
x n. A mark or indication utilized
yield 1 v. To let go of or forego
as a signature by an illiterate
something 2 n. The monetary
person who is unable to sign his
return from an investment.
or her name.

8
8
zoning n. The creation by a
year and a day rule n. The rule
legislature of geographical
of common law that in order for
sectors within a municipality or
homicide to have been
other geographical entity, in
committed, the victim’s death
which different uses of or
must occur within a year and a
570

activities upon property are

permitted or forbidden.
571
572

Part II

A PPENDICES
573
574

Abbreviations civil liberties guaranteed by

the federal and state
AAA American Arbitration
constitutions.
Association. A national
organization that promotes the use ADA Americans with
of arbitration to resolve commercial Disabilities Act. Federal law
and labor disputes. It also enacted in 1990 to protect
maintains a panel of arbitrators for individuals with physical or
those who wish to utilize their mental disabilities from
services. intentional or unintentional
discrimination in housing,
AALSAssociation of American Law
employment, education,
Schools. A national organization of
access to public services,
law schools that have each
etc.
graduated at least three classes of
students and have offered ADEAAge Discrimination in
instruction for at least five years. Employment Act. Federal
statute that protects most
ABA American Bar Association.
employees between 40 and
The largest national organization of
70 years of age from age
lawyers, it promotes improvements
discrimination in the
and reform in the administration of
workforce. Other federal
justice and in the provision of legal
and local laws provide other
services to the public.
protections against age
ACLU American Civil Liberties discrimination in such areas
Union. A national organization of as housing.
lawyers and others who are
ADR Alternative dispute
interested in enforcing and
resolution. Formal methods
preserving the individual rights and
575 Abbreviations

of settling disputes other than by Restatements of the Law and

court action, collectively referred to the Model Penal Code.
as alternative dispute resolution or
ALJAdministration law judge.
ADR. aff’d Affirmed.
AMEX American Stock
283
Exchange.
aff’gAffirming.
The second largest stock
A.G. Attorney General. The chief legal exchange in the United States.
officer of the United States or of a state, Located in New York City, it
who advises the federal or state frequently engages in the
government on legal matters, trading of stock of small or new
represents the federal or state companies because of its less
government in litigation, and heads the rigid listing requirements.
United States Department of Justice or
AMT Alternative minimum tax. A
a state’s legal department.
flat tax originally imposed upon
a.k.a. Also known as. Phrase used corporations or individuals with
before a list of names used by a high incomes in the event that
specific individual in order to avoid they wrote off all their income
confusion about the person’s true through use of deductions,
identity or by others when referring to credits, and contributions. It was
the individual. enacted to make sure that these
parties paid at least some
ALI American Law Institute. A national
income tax, but it also can affect
organization of attorneys, judges, and
middle-income families.
legal scholars who seek to promote
consistency, clarity, and simplification APA Administrative Procedure
in the law through such projects as the Act. A federal statute governing
the rule-making and
Webster’s New World Law Dictionary 576

administrative proceedings of federal into a building (however slight)

administrative agencies by providing without permission used to be
guidelines for rule-making and required, but many state laws
adjudicative hearings, judicial review, now only require one to enter
and public access. Most states have (for example, through an
similar statutes governing their state unlocked door or open window)
administrative agencies. or remain on the premises (for
example, hiding in a closet until
APRAnnual percentage rate.
no one else is left in the
ASESee AMEX building) without authorization.

AWOL Absent without leave. The act of BFOQ Bona fide occupational
being away from one’s military duties or qualification. Employment
post without permission but with no practices that would constitute
intent of deserting. discrimination as to certain

BAC Blood alcohol The individuals of a particular

content.
amount of alcohol in an individual’s religion, gender, national origin,
bloodstream expressed as a or age range (but not race or
percentage of the total composition of color) when the otherwise illegal
one’s blood. The percentage is used to discrimination is a bona fide
determine whether the person is legally qualification that is reasonably
drunk, especially in regard to laws necessary for the normal
prohibiting the driving of vehicles while performance of the duties of that
under the influence of alcohol. particular occupation. For
example, a designer of women’s
B and E (or B & E) Breaking and
clothes by necessity is permitted
entering. Two of the elements
to hire only female models to
constituting the crime of burglary.
show off new designs. Such
Under the common law, forcible entry
577 Abbreviations

practices are not illegal under federal C.D. Certificate of

law. In addition, religious organizations deposit. 1 A certificate
and schools are allowed to hire only from a bank
members of that religion even if religion acknowledging the
is not a bona fide occupational receipt of money and a
qualification for that position (such as promise to repay it at a
the requirement that all teachers in a specified time and with
parochial school be Catholic, even interest determined at a
though they teach subjects that do not specified rate. 2 A bank
require Catholic background). document evidencing a
time deposit.
BFP Bona fide purchaser. One who
receives property in exchange for cert. From Latin certiorari. To be
money or valuable consideration. more fully informed. A writ
issued at the discretion of an
B/L Bill of lading. A document issued by
appellate court directing a lower
a carrier or by a shipper’s agent that
court to certify and deliver the
identifies the goods received for
record of a case that is not
shipment, where the goods are to be
appealable as of right to the
delivered, and who is entitled to receive
appellate court for possible
the shipment.
review. See also appeal and
C & F Cost and freight. Both the writ of error.
initials and phrase are used in offers
cf. Compare. In legal citation, a
and contracts for the sale of goods to
direction to the reader to review
indicate that the quoted price includes
a cited authority in which an
the cost of the freight to a named
explanatory or an analogous
destination as well as the cost of the
(but supportive) proposition
goods.
might be found.
Webster’s New World Law Dictionary 578

but cf. In legal citation, a direction to C.J. 1 Chief justice. 2 Chief

the reader to review a cited judge. 3 Circuit judge. 4 Corpus
authority in which a analogous (but juris
contradictory) proposition might be
C.D.S.Corpus
found.
Juris Secundum.
C.F.See C & F An authoritative
legal encyclopedia
C.F.I.See C.I.F.
that provides
C.I.F. Cost, insurance, and freight. general
Phrase used in an offer or a contract for background
the sale of goods indicating that the knowledge of the
quoted price includes the combined law with footnoted
cost of the goods, insurance, and the citation to relevant
freight to a named destination. case law.

C.D.R. Code of
Federal Regulations. The CLEContinuing legal education.
official annual compilation 1 The training available to
of all regulations
and lawyers, usually through
rules promulgated during seminars, to continue their legal
the previous year by the education, hone their skills, and
agencies of the United keep up with the latest
States government, developments within a particular
combined with all
the area of the law. 2 The industry
previously issued of the providers of seminars,
regulations and rules of books, and other materials
those agencies that are designed to provide such
still in effect. training to lawyers.
579 Abbreviations

COBRAConsolidated Omnibus artificial person whose existence

Budget Reconciliation Act of 1985. A is separate and distinct from that
federal statute requiring employers who of its shareholders who are not
provide a group health insurance plan personally responsible for the
for their employees to continue corporation’s acts and debts. As
providing coverage to an employee for an artificial person, a corporation
18 months following termination or has the power to acquire, own,
firing, or to a spouse of an employee in and convey property, to sue and
the event of divorce, for a period of 36 be sued, and such other powers
months following the entry of the of a natural person that the law
divorce decree, provided that the may confer upon it.
spouse was covered by the employee’s
d/b/a Doing business as,
health insurance during the marriage.
identifying an individual’s trade
Obligation for payment of the health
name; for example, John James
insurance premium is borne by the
d/b/a James Productions.
terminated employee or, in the event of
divorce, by the party designated in the DUI See DWI.
divorce papers, but in no event by the DWI Driving while intoxicated.
employer. The criminal law offense of

corp. Corporation. An entity, usually a operating a vehicle after having

business, created by a legislative act or drunk an amount of alcohol
by individuals who have agreed upon sufficient to raise one’s blood
and filed articles of incorporation with alcohol content above a legal
the state government. Ownership in the limit, commonly referred to by
corporation is typically represented by the acronym DWI. Also known
shares of stock. Furthermore, a as driving under the influence
corporation is legally recognized as an (DUI), which, in some
Webster’s New World Law Dictionary 580

jurisdictions means that the driver had GAAP Generally accepted

a lower level of intoxication than DWI, accounting principles. Standards
but was still impaired. In some adopted by the accounting
jurisdictions, the term driving while profession for the form and
impaired is used. content of financial statements

e.g. From the Latin, exempli gratia, GAAS Generally accepted

meaning, for example. auditing standards. Standards
adopted by the accounting
ERISAEmployee Retirement Income
profession governing the audit of
Security Act of 1974. Federal legislation
corporations and organizations.
enacted in 1974 that sets forth rules for
employee benefit plans. GATT General Agreement on
Tariffs and Trade. An
et al. From Latin et alii or et alia. And
international agreement
others; typically used in the caption of
governing imports and exports;
court documents following the first
predecessor to the World Trade
named party, to signify that more than
Organization.
one individual is aligned on one side of
the case. HLA test Human-leukocyte-
antigen test. A paternity test
ex.Latin. Previous, from.
utilizing genetic material.
FOIA Freedom of Information Act. A
ICC Interstate Commerce
federal law that allows individuals and
Commission. A federal agency,
organizations to compel the federal
no longer in existence today,
government to release copies of
that regulated interstate carriers.
documents it might not otherwise
choose to disclose. id. Latin. Like ibid., indicates that
a citation is identical to the
immediate past one.
581 Abbreviations

i.f.p. From Latin in forma pauperis. In award against that party;

litigation, to proceed as an indigent. generally in cases where the
evidence was such that no
IRA Individual retirement account. A
reasonable jury could have
tax-deferred retirement account
come to the determination that it
established by federal law. The portion
did.
of annual income contributed to the
account is not taxed until it is drawn out J.P. Justice of the peace. A
after retirement age. local official, not necessarily an
attorney or judge, with
IRC Internal Revenue Code. Contains
jurisdiction over limited matters
the current federal tax laws and is
such as performing weddings or
located in Title 26 of the United States
resolving minor civil or criminal
Code.
complaints.
IRS Internal Revenue Service. A
L.J.Law journal.
federal government agency charged
with the collection of income taxes. J. L.L.B. The law degree formerly
Judge or justice. granted by American law

J.D. Juris Doctor. The law degree schools, most of which now
conferred by most American law confer the J.D. degree.
schools. LLC Limited liability company.

JJ.Judges or justices. An entity that blends features of

a corporation and a partnership,
j.n.o.v. From Latin judgment non but is neither; owners are called
obstante veridicto. Judgment “members” and may consist of
notwithstanding the verdict. In rare one or more individuals,
cases, a judge may enter a judgment in corporations, or even other
favor of one party despite a jury’s LLCs. Members have some of
Webster’s New World Law Dictionary 582

the same protection as stockholders in issues and creating the National

a corporation, especially, no personal Labor Relations Board.
liability.
NLRBNational Labor Relations
L.L.M.Master of Laws degree. Board. A federal labor agency
that oversees union elections
LMRALabor Management Relations
and other labor issues.
Act. A 1947 federal law designed to
protect employers, employees and the NSF A banking term meaning
public. It governs union activities and “not
provides an arbitration mechanism for sufficient funds.”
strikes that cause national
NSF check. Not sufficient
emergencies.
funds check. A check that a
MACRS Modified Accelerated Cost drawee bank may not pay
Recovery System. An accounting because the drawer has
approach for the rapid depreciation of insufficient funds on deposit
assets. to cover it when it is
presented for payment.
m.o. Modus operandi. Latin. A method
of operating. NYSE New York Stock
Exchange. A national exchange
NASDAQ National Association of
operated by an association of
Security Dealers Automated Quotation
securities firms based in New
system. An automated national stock
York City.
exchange.
OSHA Occupational Safety and
n.b. Latin. Nota bene; used to
Health Administration. An
emphasize or call notice to something.
agency of the federal
NLRA National Labor Relations Act. A government established by Act
federal law governing certain labor
583 Abbreviations

of Congress in 1970 that creates and PCR actions Post-conviction

enforces rules governing the safety of relief proceedings. Federal or
workers in the workplace. The agency state procedure whereby a
routinely inspects workplaces and convicted criminal can request
issues citations for businesses that are that a conviction or sentence be
in violation of its standards. The agency corrected or vacated.
is a part of the Department of Labor.
P.D. Police department; also
P.A. Professional association.
public defender.
pat. pending A designation attached to
PSA Property settlement
a product while the Patent Office is
agreement.
considering the patent application.
Such a designation no Q The abbreviation used in trial
imparts
protection against infringement unless transcripts and depositions to
the actual patent is eventually granted. mark each question asked.

P.C. Personal computer; politically QDRO Qualified domestic

correct; probable cause; professional relations order. Any decree,
corporation; and protective custody. judgment, or order that
recognizes the right of one
PCR Stands for polymerase chain
person (the alternate payee) to
reaction, the newest (at this writing)
participate either totally or
method of DNA analysis. Using PCR
partially in the pension of
technique, it is possible to analyze a
another (the participant). The
biological specimen that is one-tenth
alternate payee must be a
the size of that required for the older
dependent child, spouse, or
RFLP method. It also gives quicker
former spouse of the participant.
results, but the analysis is not as
This is an exception to the
discriminating as RFLP.
Webster’s New World Law Dictionary 584

ERISA rule, proscribing the assignment activity by organized crime and

of plan benefits. to preserve the integrity of the
interstate and international
rev. proc. Revenue procedure. An
marketplace by investigating
official IRS statement spelling out the
and prosecuting individuals
administrative practices used by the
conspiring to participate or
IRS. For example, methods for
actually participating in
obtaining a private ruling are often
racketeering. Note that it has no
spelled out.
force in intrastate commerce.
rev. stat. Revised statutes. Laws that
ROR Release on own
have been changed, altered, amended,
recognizance. A pretrial release
or reenacted by a legislative body. A
of an arrested person without
reenactment is generally thought of as
bail, on that person’s promise to
having the effect of a repeal and
appear for trial when it is
replacement of the former law.
appropriate to do so.
RFLP Restriction Fragment Length
R.S. Revised statutes. Laws that
Polymorphism. The older and more
have been changed, altered,
discriminating form of DNA testing.
amended, or reenacted by a
Restriction Fragment Length
legislative body. A reenactment
Polymorphism is a process that breaks
is generally thought of as having
DNA strands into tiny fragments at
the effect of a repeal and
specific points on the DNA chain. Also
replacement of the former law.
known as HLA DQ Alpha, or simply DQ
Alpha. S.E.C.Securities and Exchange
Commission. The federal
RICORacketeer Influenced and
administrative agency
Corrupt Organizations Act. This law,
established by the Securities
enacted in 1970, is designed to fight
585 Abbreviations

Exchange Act of 1934, in order to UCC Uniform Commercial Code.

supervise and regulate the issuing and A law governing the sale of
trading of securities and to eliminate goods, commodities, and bank
fraudulent or unfair practices. It is a transactions. With some
regulating agency and is not judicial in modifications, this law has been
nature, although it may pursue judicial adopted by all 50 states and in
remedies in federal court. the District of Columbia and the
U.S. Virgin Islands.
S.L. Session laws or statute laws. See
also session laws. A bound volume of UCCCSee UCC
the statutes enacted by a legislative
value-added tax A tax imposed
body during a single annual or biennial
at each step in the production or
session; a collection of all of those
construction of a manufactured
aforementioned statutes.
good based upon the difference
T.R.O. Temporary restraining order. A between the cost of producing
restraining order is always temporary, the item and its selling price.
because it is ordered without a hearing.
viz. From Latin videlicit. Namely;
This distinguishes it from an injunction.
to wit; that is to say. Used to
A court order issued to prevent a family
elaborate on what has already
member or other party from harassing,
been said in more particular or
threatening, harming, seizing the
precise language.
property of, and sometimes even
approaching or having any kind of w.o.p. Want of prosecution. The
contact with another; a court order lack of consideration in

issued to temporarily prevent a transfer exchange for goods or services;

of property, pending a hearing. may form the basis for a
contract to be unenforceable.
U3CSee UCC
586 Abbreviations
587 Abbreviations

Foreign Words and Phrases procedure by which it is

done, and the court’s power
ab initio adv. Latin. “From the first
to issue the order.
act.” From the beginning; back to
one’s creation or inception. ad hoc adj. Latin. “For this;
for a particular purpose.”
actus reus n. Latin. “Criminal act”
For example, ad hoc
or “guilty act.” The voluntary and
committees are often
wrongful act or omission that
created to accomplish a
constitutes the physical
particular purpose.
components of a crime. Because a
person cannot be punished for bad ad hominem adj. Latin. “To
thoughts alone, there can be no the person.” Appealing to
criminal liability without actus reus. personal prejudices instead
of reason; attacking one’s
ad damnum n. Latin. “To the
character rather than his
damage.” The amount of money
arguments.
sought as damages by the plaintiff
in a civil action. ad litem Latin. “For the
suit.” For the purposes of, or
additur n. Latin. “It is added to.” A
pending, the particular
trial court’s order to increase the
lawsuit.
damages awarded by a jury. It is
done to prevent the plaintiff from ad testificandum Latin.
appealing on the grounds that “For testifying.” See
inadequate damages were subpoena (subpoena ad
awarded, but the court cannot testificandum). See also
issue the order without the habeas corpus.
defendant’s consent. The term may ad valorem Latin. “In
also refer to the increase itself, the proportion to its value.”
Webster’s New World Law Dictionary 588

ad valorem tax. A proportional tax a mensa et thoro Latin. “From

imposed upon something’s value, board and hearth.”

divorce a mensa et thoro.

291
(Archaic. Latin) Divorce from
rather than on its quantity
bed and board. A
(especially on real property).
proceeding, current in Britain
a fortiori adv. Latin. “By the stronger until the 19th century, that
(reason).” To draw an inference that resulted in the parties
when one proposition is true, then a remaining married but living
second proposition must also be true, separately. The term is still
especially if the second is included in used in a few jurisdictions.
the first. For example, if a 19 year old is
amicus curiae n. Latin. “Friend
legally an adult, then a 20 year old is,
of the court.” One who is not a
too.
party to an action but petitions
alter ego n. Latin. “The other self.” A the court or is invited by the
doctrine allowing a court to ignore the court to provide information or
limited personal liability of a person submit her views because she
who acts in a corporate capacity and has a strong interest in the case
impose personal liability for the at hand or a perspective that
corporation’s wrongful acts when it is may not be adequately
shown that the individual was using the presented by the parties.
corporation to conduct personal
animus adj. Latin. “Purposefully;
business and that there was no real
intentionally.” 1 Animosity;
separation between the individual’s and
hostility; ill will; strong dislike;
the corporation’s identity. See also
hate. 2 The animating thought,
corporate (corporate veil).
intention, or purpose of an act.
589 Foreign Words and Phrases

ante Latin. “Before.” Before in time, judge: “Assuming arguendo that

order, or position; in front of. See also the defendant committed the
post. crime, the statute of limitations
prevents the state from
a posteriori adv. Latin. “From what
prosecuting him for it.” 2
comes after.” Inductive; empirical;
During the course of an
reasoning or the ascertaining of truth
argument or a conversation. For
by actual experience or observation.
example, “Mr. Smith
See also a priori.
mentioned arguendo that his
a priori adv. Latin. “From what is client had three prior
before.” Deductive reasoning or the convictions.”
ascertaining of truth by proceeding
assumpsit n. Latin. “He
from an assumption to its logical
undertook.” 1 An enforceable
conclusion rather than by actual
promise or undertaking that is
experience or observation. For
not under seal. 2 An action for
example, one who walks by a store
expectation damages caused by
when its alarm is sounding and sees
the breach of a promise or a
that its window is broken can deduce
contract not under seal.
that a burglary has occurred without
having watched the burglars commit autre or auter French. “Other,
the actual crime. another.” See also estate.

arguendo adv. Latin. “In arguing.” autrefois acquit French.

1 Hypothetically; for the purpose or
sake of argument. A term used to
assume a fact without waiving the right
to question it later on. For example, a
defense attorney may state to the
“Formerly acquitted.” A plea by
a person indicted for a crime for
which he or she had previously
been tried and acquitted. See
Webster’s New World Law Dictionary 590

also double jeopardy and autrefois casus omissus n. Latin. “Case

convict. omitted.” A legal issue or
situation not governed by
autrefois convict French. “Formerly
statutory or administrative law or
convicted.” A plea by a person indicted
by the terms of a contract. The
for a crime for which he or she had
resolution of any legal dispute
previously been tried and convicted.
arising from such an issue or
See also double jeopardy and
situation is governed by the
autrefois acquit.
case law or, if it is a case of first
autre (or auter) vie n. French. impression, by whatever
“Another’s life.” See estate. guidance the court finds in the
common law. causa Latin.
a vinculo matrimonii Latin. “From the
“Case, cause.” See cause.
bond of marriage.”
causa mortis Latin. “Because of
divorce a vinculo matrimonii. (Latin)
death.” Something done or
Common law, meaning, “from the
made by a person in anticipation
bonds of marriage”; a form of
of his own imminent death. See
divorce based on grounds that
also gift.
preexisted the marriage, which
resulted in a legal fiction that the causa proxima Latin. “The
marriage never existed (with the nearest cause.” See also cause.
result that any children of the
causa sine qua non Latin. “A
marriage are then considered
cause without which not.” Same
illegitimate).
as but-for cause. See cause.
bona fide adj./adv. Latin. “In good
caveat n. Latin. “Let him or her
faith.” Acting, being, carried out, or
beware.” 1 An admonition,
made in good faith; authentic; genuine;
caution, or warning. 2 A formal
sincere.
591 Foreign Words and Phrases

notice or warning given by a party to a appealable as of right to the

judge or other court officer concerning appellate court for possible
his or her behavior and requesting a review. See also appeal and
suspension of the proceeding until the writ of error.
merits of the notice or warning are
cognovit n. Latin. “He has
determined. 3 A formal notice to a court
conceded.” An acknowledgment
or public official that the notifier has an
of a debt or liability in the form of
interest in a matter or property and
the debtor’s written consent to a
requests the suspension of some
judgment taken against the
procedure or proceeding concerning
debtor by the creditor, if a
the matter or property until the notifier
particular event does or does
is given a hearing.
not occur.
caveat emptor n. Latin. “Let the buyer
corpus n. Latin. “Body.” 1 The
beware.” The legal principle that,
main body, mass, or part of
unless the quality of a product is
something. 2 A collection of
guaranteed in a warranty, the buyer
things that, when together, can
purchases the product as it is and
be considered or regarded as a
cannot hold another liable for any
single thing (such as a collection
defects. Statutes and court decisions
of writing by an author). 3 The
concerning products liability and
capital or principal sum (as
implied warranties have substantially
opposed to income or interest).
altered this rule.
4 The property or subject matter
certiorari n. Latin. “To be more fully of a trust.
informed.” A writ issued at the
corpus delicti n. Latin. “Body of
discretion of an appellate court
the crime.” The objective
directing a lower court to certify and
evidence that there has been an
deliver the record of a case that is not
Webster’s New World Law Dictionary 592

injury (physical or otherwise) or loss delict n. From the Latin

and that it was caused by the criminal delictum, “an offense.” A breach
act of some person or thing. of criminal or civil law.

corpus juris n. Latin. “Body of law.” duces tecum Latin. “To bring
The law in general, especially when along.” A type of subpoena that
compiled, codified, and published in a requires a witness to bring
single text or in a series consisting of a specified documents when he or
collection of individual laws. she appears in court or for a
Abbreviated c.j. deposition.

cy pres French. “As near as.” The ejusdem generis Latin. “Of the
equitable doctrine that a deed or will same category.” A legal
whose terms cannot be carried out may principle stating that a general
be modified by a court so that the intent phrase following a list of specific
of the instrument’s maker can be items refers to an item of the
fulfilled as closely as possible. same type as those in the list.

dehors French. “Outside” or “beyond en banc adj/adv. French. “On

the bounds of,” as in matters that are the bench.” Of appeals courts,
dehors the trial record or the pages of a before a full court, with all
written agreement. judges present. Federal appeals
are typically heard by a panel of
del credere adj. Italian. “Of belief or
three judges, but may be
trust.” Used in connection with agents
reheard by the full circuit court
who guarantee the good faith or
of appeals sitting en banc.
financial capability of the persons or
entities on whose behalf they act. See eo instante Latin. “At that
also agent. moment.” eo nomine Latin.
593 Foreign Words and Phrases

“In the name of.” ergo conj., adv. factum n. Latin. “Fact.” A
Latin. “Therefore.” fact or an action.
et al. abbr. Latin. “And others”; typically
force majeure n. French.
used in the caption of court documents
“Greater force”; a natural or
following the first named party, to
human-induced disaster that
signify that more than one individual is
causes a contract to fail of
aligned on one side of the case. ex.
performance.
Latin. “Previous, from.”
forum conveniens Latin.
ex parte adv. Latin. “In behalf of.” A
“Suitable forum.” Litigation: the
judge’s action in conducting a hearing
most appropriate court for the
or conference with one party only,
resolution of a particular dispute.
without notice to the other party;
typically improper, except under the forum nonconveniens Latin.
limited circumstances in which a party “Unsuitable forum.” Litigation:
is seeking a temporary restraining the doctrine that a court may
order and alleging that notice to the decline jurisdiction of a case,
adverse party will result the based on factors such as
in
destruction of evidence or other illegal residence of the parties, thus
action. Also used as an adverb, such allowing or causing another
as, “the judge conducted the hearing ex more convenient court to take
parte”. It also refers to a party’s the case.
attempts to make such contact with the habeas corpus Latin. “You
judge. have the body.” In criminal
ex post factoadv. Latin. “After the procedure, a process to

fact.” challenge the detention of a

prisoner; frequently used as a
way to attack a conviction in
Webster’s New World Law Dictionary 594

federal court when state appeals have in forma pauperis Latin. “In the
been exhausted.
ibid. abbr. Latin. (ibedem. “In the same
place”). When citing a work, indicates
that the citation is to the same volume infra adj./adv. Latin. “Below.”
and page as the previous citation.
id. abbr. Latin. (idem. “The same.”)
Like ibid., indicates that a citation is
identical to the immediate past one.
ignorantia juris non excusat Latin.
“Ignorance of the law is no excuse”;
typically refers to criminal charges, in
which such ignorance is not
cognizable defense.
in absentiaLatin. “In the absence of.”
in camera Latin. “In a chamber.” In the
judge’s chambers; implying a private,
closed, or informal hearing
conference before the judge.
in delictoLatin. “In the wrong.”
manner of a pauper.” In
litigation, to proceed as an
indigent.
See below; referring to the
placement of a particular citation
or assertion in a text. in futuro
adv. Latin. “In the future.”
in limine adv. Latin. “At the
outset.”
motion in limine. A motion to
a limit the evidence that will be
submitted to the jury, by
excluding matters that are
not relevant, are prejudicial,
or are otherwise inadmissible
under applicable rules.
or
in loco parentis Latin. “In the
place of a parent.” Acting in
place of a parent.

in extremis Latin. “In extremity.” Upon innuendo n. Latin. “By nodding

the point of dying. to” or “by hinting.” 1 An indirect
or suggestive remark, usually a
disparagement of someone. 2 A
section in a libel pleading
595 Foreign Words and Phrases

explaining the plaintiff’s construction of rights to property that has been

the defendant’s allegedly libelous brought before the court.
utterances.
quasi in rem. A type of case
in paisFrench. “In the country.” initiated by the seizure of
Archaic. Outside of court. property that is within the
court’s jurisdiction, as a step
in pari delictoLatin. “At equal fault.”
toward obtaining monetary
in pari materia Latin. “In the same damages against an
matter.” On the same topic or individual who is outside the
pertaining to the same subject matter. jurisdiction of the court.

in personam adj. Latin. “Against the inter alia adv. Latin. “Among
person.” Pertaining to a person or others.”
personal rights or interests, as opposed
in terrorem adj./adv. Latin. “In
to in rem.
terror.” A characteristic marked
in posse Latin. “In possibility.” Latent; by threat or warning.
not currently in existence.
in terrorem clause. A
in praesenti Latin. “Currently; at provision in a contract or will
present.” that warns a beneficiary or
party not to engage in certain
in re Latin. “In regard to.” Used in the
behavior, by providing a
title of cases involving an interest in
prospective penalty for such
property.
behavior.
in rem adj. Latin. “Against a thing.”
inter se Latin. “Among
Pertaining to a thing or to property.
themselves.”
Litigation in rem (as opposed to in
personam) determines the respective
Webster’s New World Law Dictionary 596

inter vivos adj. Latin. “Between the lex loci contractus n. Latin.
living.”A conveyance of property The law of the place where a
between living parties and not by contract was signed or is to be
bequest. performed.

in totoadv. Latin. “In entirety.” lex loci delicti n. Latin. The law
of the place where a wrong was
ipse dixit Latin. “He himself said it.”
committed.
Asserted but unproven.
lis pendens n. Latin. “A pending
ipso facto Latin. “By the fact itself.” As
lawsuit.” 1 A court’s authority
a matter of fact.
over property resulting from a
jurat n. Latin. From jurare, “to swear.” pending lawsuit. 2 A notice filed
A certification at the bottom of an in a government office with the
affidavit or deposition by a notary public title documents pertaining to real
that states the paper was signed, and property, giving notice to the
thereby sworn to, in his or her presence public that the property is the
by the individual who signed it. subject of a litigation.

jus tertii n. Latin. “The right of a third locus n. Latin. “Place.” The
party.” The rights of third parties place or location of a thing or
affected by a controversy or claim. event.

lachesFrench. “Lax; negligent.” locus delicti n. Latin. “Place of

Equitable doctrine that precludes or the wrong.” The place where a
limits relief to one who delays in acting crime was committed.
or bringing a claim.
locus in quo n. Latin. “Place in
lex fori n. Latin. “The law of the forum.” which or where.” The place
Law of the jurisdiction where an action where an event allegedly
is pending. occurred.
597 Foreign Words and Phrases

malum in se n. Latin. “Evil in itself.” An nolens volens adj./adv.

act, such as murder, that is inherently Latin. “Willing or unwilling.”
evil or immoral. Willing or not.

malum prohibitum n. Latin. nolo contendere Latin. “I do not

“Prohibited evil.” An act that is wrong wish to contest.”A plea available
solely because prohibited by law, as in certain jurisdictions in which a
opposed to malum in se. party declines to contest a
charge without formally
mandamusn. Latin. “We command.”
admitting guilt.
A writ issued by a court to compel a
public official (including the judge of a non compos mentis adj. Latin.
lesser court) to perform a task or duty. “Not of sound mind.” Mentally
incompetent.
mensa et thoro Latin. “Bed and
board.” non obstante veredicto n.
Latin. “Not withstanding the
mens rea Latin. “Guilty mind.” The
verdict.” A judgment
defendant’s guilty state of mind, as an
notwithstanding the verdict, in
element in proving the crime with which
which a jury verdict is set aside
he or she is charged.
by the judge as being factually
modus operandi n. Latin. A method or legally invalid.
of operating.
judgment non obstante
nisi adj. Latin. “Unless.” Of an ex parte veridicto (j.n.o.v.). Judgment
decision or ruling, that it is valid unless notwithstanding the verdict.
opposed by the adverse party. nisi In rare cases, a judge may
prius n. Latin. “Unless before then.” enter a judgment in favor of
Refers to a court in which a jury is the one party despite a jury’s
ultimate finder of fact. award against that party;
Webster’s New World Law Dictionary 598

generally in cases where the obiter dicta Latin. “By the

evidence was such that no way . . . .” A passing statement
reasonable jury could have come to reached in a court opinion that is
the determination that it did. irrelevant to the outcome of the
case. See also dictum.
non prosequitur Latin. “He does not
prosecute.” A judgment against a oyez v. French. Literally, “hear!”
plaintiff who has abandoned the case. An exclamation used to bring a
court to order, or to gain
non sequitur n. Latin. “It does not
attention for an official
follow.” A conclusion or a statement
proclamation to be publicly
that does not logically follow from what
made. A customary greeting
preceded it.
uttered by a court bailiff to
noscitur a sociis Latin. “It is known by signify that court is in session.
its associates.” A rule of interpretation
parens patriae n. Latin. “Parent
that states that the meaning of unclear
of his [or her] country.” The
language in a contract or other legal
state, in its role of provider of
document should be construed in light
protection to people unable to
of the language surrounding it.
care for themselves; a doctrine
nudum pactum n. Latin. “Bare giving the government standing
agreement.” A bare or scant agreement to sue on behalf of a citizen who
that is not enforceable because is unable to pursue an action
consideration is lacking. due to a legal disability.

nunc pro tunc adj. Latin. “Now for pari delicto adj. Latin. Equally
then.” Of an order or decision, that it at fault.
has a retroactive effect.
pari materia adj. Latin. Of equal
matter, on the same subject.
599 Foreign Words and Phrases

pendente lite adv. Latin. “While the or some sort of compensable

action is pending.” While the lawsuit is damages. The opposite of per
pending; contingent on the outcome of se.
the legal action or litigation. See also
slander per quod. A form of
lis pendens.
slander that does not qualify
per annum adv. Latin. “By or through as slander per se, thereby
the year”; yearly or annually; calculated requiring the plaintiff to prove
one year at a time; at annual intervals. special damages.

per autre vie Latin/French. “For the life per se adj./adv. Latin. “By or
of another,” term often used in through itself.” Standing alone;
bequeathing a right (but not title) in on its own merits; without need
property. for reference to outside facts.
The opposite of per quod.
per capita adj. Latin. “By or through
the head.” According to the head count, slander per se. A form of
or number of individuals; that is, divided slander that need not be
equally among everyone involved. proven to qualify for damage,
because its meaning is
per curiam adv. Latin. “By the court.”
apparent on the face of the
See opinion.
statement and involves
per diem n. Latin. “By or through the moral turpitude, a sexually
day.” Daily pay or daily expense transmitted disease, conduct
allowance. adversely impacting one’s

per quod adj./adv. Latin. “Whereby.” profession or business, or

Having meaning only by reference to lack of chastity (especially

outside facts, such as on proof of injury when applied to women).

Webster’s New World Law Dictionary 600

per stirpes adj./adv. Latin. “By or praecipe n. Latin. “Command.”

through roots and stocks.” A 1 command, order. A written
proportional division of the estate order or request to the clerk of
among beneficiaries according to the the court 2 A written court order
share of descent from their deceased commanding a party to do
ancestor. Essentially, each beneficiary something or to show cause
gets shares of stock in the estate why it has not been already
based upon the closeness of done.
relationship to the deceased. Distinct
prima facie adj. Latin. “At first
from per capita.
sight.” Not in need of further
petit adj. French. “Little, minor.” Also support to establish credibility or
spelled petty. existence; obvious, unless
disproved.
posse comitatus n. Latin. “Power of
the county.” 1 A sheriff may summon prima facie case. A case
citizens to assist him in making an supported by at least the
arrest; hence posse in the traditional minimal amount of evidence
Old West sense. 2 A federal statute needed to meet the
prohibiting the Army and Air Force from requirement for trying it;
direct participation in civilian adequate to be able to avoid
lawenforcement activities. a directed verdict or a motion
to dismiss.
post Latin. “After.” After in time, order,
or position; behind. See also ante. primogeniture n. Latin. “First
born.” An ancient rule of descent
post mortem Latin. “After death.”
by which the firstborn son
Generally used to refer to the
inherits all the property of his
examination of a corpse by the coroner
deceased father, usually to the
to ascertain the cause of death.
601 Foreign Words and Phrases

exclusion of all his siblings. The pro hac vice Latin. For this one
purpose of primogeniture was to keep purpose or occasion. The
the estate (real property), the allowing of something not
ownership of which implied power, from usually allowed, usually referring
being subdivided into smaller and to an attorney who normally
smaller parcels of land. could not practice in a certain
jurisdiction, but is allowed to just
pro bono publico Latin. “For the public
for one case.
good.” Used to refer to the taking of
cases by attorneys without expectation pro rata adv. Latin. “According
of compensation. Also called pro to the rate”; in proportion. If a
bono. lawyer charges $100 per hour,
and she works a quarter of an
profit à prendre French. “Profit to
hour, her pro rata fee would be
take.” The right to take minerals, soil,
$100/4, or $25.
trees, animals, or the like from the land
of another. pro se adj./adv. Latin. “For
himself”; on one’s own behalf;
pro forma adj. Latin. “For form.” 1
on one’s own. Characterization
Done as a formality, rather than
of one who represents
because of conviction, in order to make
himself/herself in an action
possible further proceedings. 2 In
without the assistance of an
accounting procedures, done in
attorney at law and who acts as
advance to provide a what-if statement,
his/her own attorney of record.
predict results, or to convince. For
example, a balance sheet showing pro tanto adj./adv. Latin. “To
combined figures of two companies in that extent.” To such extreme;
case of a merger. as far as it goes; for just so
Webster’s New World Law Dictionary 602

much. Often, a partial payment made action of assumpsit for items

for invoking eminent domain. sold and delivered, in order to
recover proper and appropriate
pro tempore adj./adv. Latin. “For the
payment for same.
time being.” A temporary position or
appointment. Also called pro tem. quare clausum fregit Latin.
“Why he broke the close.” An
quaere Latin. “To query or inquire.”
early form of trespass onto
Used in law textbooks to indicate that a
someone else’s land, whether or
point was dubious or questionable.
not that land actually had a
quantum Latin. “An amount”; the physical fence around it. The
necessary or desired portion; the plaintiff would argue that
required or needed amount or share. because the defendant had

quantum meruit Latin. “As much as he broken the boundary “with force
deserved.” Equitable formula for and arms,” the former was due
determining how much to award to one damages.
who has provided goods or services to quasi Latin. “As if.” Alike in
another who has not paid, based on the some sense, but not in actuality;
reasonable value of the goods or resembling something but not
services; the equitable principle that really being it; nearly; almost
one who has received the benefit of a like.
bargain should not be permitted to be
quia timet Latin. “Because he
unjustly enriched.
fears.” A legal remedy sought in
quantum valebant Latin. “As much as an equity court to enjoin
they were worth.” 1 The reasonable someone from doing an
worth of goods or services, used to anticipated damage. Such a
compute fair and reasonable damages; remedy may be granted if the
the market value. 2 A common-law
603 Foreign Words and Phrases

petitioner can show imminent and disproving an argument by

irreparable harm would be done. demonstrating that it leads to a
ridiculous conclusion.
quid pro quo Latin. “What for what.”
Something exchanged for another thing remittitur Latin. “It is sent back.”
of approximately equal value, not A court’s order that reduces
necessarily in a monetary sense. what it deems to be excessive
damages awarded by a jury; the
qui tam Latin. “Who as well . . . .” An
process by which the court
action that, if prevailed in, grants the
proposes to reduce or actually
plaintiff a portion of the recovered
reduces damages without the
penalty and gives the rest of it to the
jury’s consent. See also
state. The plaintiff is said to be suing
additur.
for the state as well as his or herself.
res n. Latin. “The thing.” The
quo warranto Latin. “By what
subject of the matter—that is, an
authority.” 1 A common law writ
action concerning an object or
inquiring into the authority by which a
property, rather than a person,;
public official claims his/her office. 2 A
the status of individuals.
state action with the intent of revoking
the charter of a corporation that has res gestae n. Latin. “Things
abused or for a long period failed to done.” Either the events at issue
exercise its franchise. or other things, such as
utterances, that are
ratio decidende n. Latin. “The reason
contemporaneous with the res
for deciding.” The rule of law or
gestae; spontaneous statements
principle on which the court’s decision
or exclamations made by the
is based. See also obiter dicta.
participants, perpetrators,
reductio ad absurdum Latin. victims, or onlookers at or
“Reduction to the absurd.” In logic,
Webster’s New World Law Dictionary 604

immediately following the event, be it scope of his employment or

criminal or the subject of litigation. As duties. See also scope of
present-sense impressions, they are employment.
excluded from the hearsay rule.
scienter n. Latin. “Knowingly.” 1
res ipsa loquitur Latin. “The thing A knowledge beforehand of the
speaks for itself.” An evidentiary rule in consequences of an action or
torts that the very fact that an accident failure to act that makes a
occurred is enough to provide a prima person legally responsible for
facie case of negligent behavior. those consequences. Such
Rearending another automobile is an advance knowledge may make
example, showing failure to maintain a the person subject to civil or
safe distance on the part of the rear- criminal punishment. 2 An
ender. res judicata Latin. “A thing intention to deceive or defraud
decided.” A doctrine whereby the (usually applied to stock fraud).
court’s decision is binding upon the See also knowing and mens
parties in any and all subsequent rea.
litigation concerning the same case. In
seriatim Latin. “In sequence.”
effect, it bars the litigants from seeking
Successively; in successive
to take the same case to another court
order, one by one; in due order;
in hopes of a different outcome, or of
sequentially, one at a time.
raising new issues that were not raised
at the first trial. sine die Latin. “Without
day.” With no day being
respondeat superior Latin. “Let the
assigned for the next meeting or
superior respond.” The doctrine that an
for resumption of meeting.
employer is held liable for all wrongful
acts or any harm caused by an sine qua non n. Latin. “Without
employee or agent acting within the which not.” Something that is
605 Foreign Words and Phrases

indispensable and upon which take an action independently of

something else relies. any request or suggestion made
by the parties or lawyers; adj.
stare decisis n. Latin. “To stand by
description of action taken by
what was decided.” The doctrine of
court in absence of any party
common law under which courts follow
urging such action to be taken.
the earlier judicial decisions made on
the same points of litigation; following sub judice adv. Latin. “Under a
precedent. Stare decisis is not judge.” A case that is before the
inviolable, but precedent will be bar for determination, rather
overturned only for good cause. The than one being settled out of
doctrine, however, is essentially court.
useless in constitutional law. See also
subpoena 1 n. Latin. “Under
precedent and res judicata.
penalty.” A writ issued by a court
status quo n. Latin. “The situation as it commanding a person to appear
currently exists.” , with penalties that attach for
failure to comply. 2 v. the act of
status quo ante n. Latin. “The situation
sending a subpoena to a
as it existed before.” As things were
witness or other person to
before whatever happened or is being
secure his attendance and
discussed took place. For example,
testimony at trial or other
status quo ante bellum is the situation
proceeding (such as deposition);
as it existed before the war.
generally, subpoenas are
stirps n. Latin. “Stalk; root.” A branch obtained and sent out by the
of a family or of the family tree. See lawyers, rather than directly by
also per stirpes. the court.

sua sponte Latin. “Of itself.” regarding

a judge or court, to raise an issue or
Webster’s New World Law Dictionary 606

subpoena ad testificandum. The appeal. It usually stays a

most common type of subpoena, creditor’s taking possession of
ordering a witness to testify. property pursuant to a lower
court’s ruling. supra Latin.
subpoena duces tecum. Issued at
“Above”; superior to.
the request of one of the parties to
a lawsuit, ordering a witness to trespass vi et armis Latin.
appear and bring relevant “With force and arms.” An
documents to the hearing. immediate injury, such as an
assault to another’s person or
sub silentio Latin. “Under silence.”
property, accompanied by force
Without notice being taken. If a case is
or violence.
decided against precedent, the newer
case is said to have over-ruled the ultra vires Latin. “In excess of,”
previous decision sub silentio. or outside of powers; that which
is beyond a corporation’s or an
sui generis Latin. “Of its own kind.”
agency’s authorized power. A
Unique; of its own particular type; in a
corporation’s ultra vires activity
class of its own.
may lead to its forfeiting its
sui juris Latin. “Of one’s own right.” charter of incorporation.
Used to describe one who is no longer
uxorn. Latin. Wife.
a dependent; having reached majority
and having full civil and social rights. venire Latin. “To come” n. A
See also emancipation and panel of jury duty selectees,
incompetency. from among whom the actual
jury will be chosen.
supersedeas n. Latin. “You shall
forbear or desist.” A writ suspending or venire de novo. A calling of a
staying a proceeding in order to new jury panel for the
maintain the status quo, pending purpose of holding a second
607 Foreign Words and Phrases

trial, in cases where a first trial has examination refers to one

failed to render a verdict. vir n. outside the hearing of the jury
Latin. Man. concerning some issue of fact or
law that requires the court to
vis major n. Latin. “A superior force”;
rule.
the term is used in civil cases to denote
an act of God. A loss vis major results volenti non fit injuria n. Latin.
from natural causes, such as a “The volunteer suffers no
hurricane, tornado, or earthquake, and wrong”; a person cannot usually
without the intervention of human sue for damages when he
beings. It is a loss that could not have consented in the first place to
been prevented by diligence or by whatever it was that caused the
having taken precautions. See also damages.
force majeure.

viz. abbr. for videlicit. Latin. “Namely; to

wit; that is to say.” Used to elaborate on
what has already been said in more
particular or precise language.

voir dire n. French. Literally “to see, to

speak”; hence, idiomatically, to speak
the truth. The usual reference is to an
examination by the attorneys and/or the
court of prospective jurors to determine
whether reasons exist that might
disqualify them or cause their selection
to be challenged, other than
peremptorily. During a trial, a voir dire
608
609

The Constitution of the United States of America, 1787

WE the people of the United States, in Order to form a more perfect

Union, establish Justice, insure domestic Tranquility, provide for the
common defense, promote the general Welfare, and secure the Blessings
of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.

Article I
Section 1. All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and House
of Representatives.

Section 2. The House of Representatives shall be composed of Members

chosen every second Year by the People of the several States, and the
electors in each State shall have the qualifications requisite for electors of
the most numerous branch of the State legislature.
No Person shall be a Representative who shall not have attained to the
Age of twenty five Years, and been seven Years a citizen of the United
States, and who shall not, when elected, be an Inhabitant of that State in
which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the
several States which may be included within this Union, according to their
respective Numbers, which shall be determined by adding to the whole
number of free Persons, including those bound to Service for a Term of
Years, and excluding Indians not taxed, three fifths of all other Persons.
The actual Enumeration shall be made within three Years after the first
Meeting of the Congress of the United States, and within every
Webster’s New World Law Dictionary 610

subsequent Term of ten Years, in such Manner as they shall by law

Direct. The number of Representatives shall not exceed one for every
thirty Thousand, but each State shall have at least one Representative;
and until such enumeration shall be made, the State of New Hampshire
shall be entitled to choose three, Massachusetts eight, Rhode Island and
Providence Plantations one, Connecticut five, New York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North
Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the
Executive Authority thereof shall issue Writs of Election to fill such
Vacancies.
The House of Representatives shall choose their Speaker and other
Officers; and shall have the sole Power of Impeachment.

Section 3. The Senate of the United States shall be composed of two

Senators from each State, chosen by the legislature thereof, for six Years;
and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first
Election, they shall be divided as equally as may be into three Classes.
The Seats of the Senators of the

303
first Class shall be vacated at the expiration of the second Year, of the
second Class at the expiration of the fourth Year, and of the third Class at
the expiration of the sixth Year, so that one third may be chosen every
second Year; and if vacancies happen by Resignation, or otherwise,
during the recess of the Legislature of any State, the Executive thereof
may make temporary Appointments until the next meeting of the
Legislature, which shall then fill such Vacancies.
 No person shall be a Senator who shall not have attained to the Age of
thirty Years, and been nine Years a Citizen of the United States, and who
shall not, when elected, be an Inhabitant of that State for which he shall
be chosen.
The Vice-President of the United States shall be President of the
Senate, but shall have no Vote, unless they be equally divided.
The Senate shall choose 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 choosing 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.
Webster’s New World Law Dictionary 612

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 increased 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 that 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 may be 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
Webster’s New World Law Dictionary 614

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 Defense 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 Offenses 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,
Dockyards, 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
Webster’s New World Law Dictionary 616

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 the
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 it’s 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 Control 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 lie 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
Webster’s New World Law Dictionary 618

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 choose 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 choose 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. 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 choose from them by Ballot the Vice
President.
The Congress may determine the Time of choosing 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
Offenses 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
Webster’s New World Law Dictionary 620

the Senate, shall appoint Ambassadors, other public Ministers and

Consuls, Judges 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 behavior, 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 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 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.
Webster’s New World Law Dictionary 622

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 Labor 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 Labor, But shall
be delivered up on Claim of the Party to whom such Service or Labor may
be due.

Section 3. New States may be admitted by the Congress into this Union;
but no new States 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.
Webster’s New World Law Dictionary 624

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.

Done in Convention by the Unanimous Consent of the States present the

Seventeenth Day of September in the Year of our Lord one thousand
seven hundred and eighty seven and of the Independence of the United
States of America the Twelfth. In Witness whereof We have hereunto
subscribed our Names,
Go. Washington—
Presid. and deputy from Virginia

New Hampshire
John Langdon
Nicholas Gilman

Massachusetts
Nathaniel Gorham
Rufus King

Connecticut
Wm. Saml. Johnson
Roger Herman

New York
Alexander Hamilton

New Jersey
Wil: Livingston
David Brearley
Wm. Paterson Jona:
Dayton

Pennsylvania
B Franklin
Thomas Mifflin
Robt Morris
Geo. Clymer
Thos FitzSimons
Webster’s New World Law Dictionary 626

Jared Ingersoll
James Wilson Gouv
Morris

Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom

Maryland
James Mchenry
Dan of St Thos. Jenifer
Danl Carroll

Virginia
John Blair
James Madison Jr

North Carolina
Wm. Blount
Rich’d Dobbs Spaight
Hu Williamson

South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
 Georgia
William Few Abr
Baldwin Attest:
William Jackson, Secretary

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.
Webster’s New World Law Dictionary 628

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 offense 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 a jury, shall be otherwise reexamined 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 (1795)
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
Webster’s New World Law Dictionary 630

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 VicePresident, 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
Webster’s New World Law Dictionary 632

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)

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.
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.
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
Webster’s New World Law Dictionary 634

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)

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.
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, unless 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 a 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.
Webster’s New World Law Dictionary 636

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.
Webster’s New World Law Dictionary 638

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.
Webster’s New World Law Dictionary 640