Professional Documents
Culture Documents
TM
Law Dictionary
TM
Law Dictionary
01_542109 ffirs.qxp 3/28/06 12:15 PM Page ii
01_542109 ffirs.qxp 3/28/06 12:15 PM Page iii
TM
Law Dictionary
Dedication
Susan Ellis Wild has been a practicing lawyer since 1982, and currently is a fulltime
litigator in Allentown, Pennsylvania. She is President of the 600+ member Bar
Association of Lehigh County, Pennsylvania. Susan has litigated more than 100 cases
and frequently writes and speaks to audiences about law-related topics. She has been
appointed by courts on numerous occasions to act as an independent arbitrator/media-
tor of cases. Susan is admitted to the Bars of Pennsylvania, the District of Columbia,
and Maryland, and has appeared in courts in a number of other states.
01_542109 ffirs.qxp 3/28/06 12:15 PM Page viii
02_542109 ftoc.qxp 3/28/06 12:15 PM Page ix
Table of Contents
Part I: Dictionary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
Part I
DICTIONARY
03_542109 pt01.qxp 3/28/06 12:16 PM Page 2
04_542109 ch01.qxp 3/28/06 12:16 PM Page 3
A
the combined value of all bequests and
devises, and/or the debts owed by a tes-
tator, exceed the assets in the testator’s
estate. 4 n. The rebate or reduction of
taxes already assessed and/or paid.
abatement n. 1 The act of abating.
2 The process of, or the state of, being
abated. 3 The amount abated.
abatement clause n. A contractual
provision releasing the tenant of a lease
from the obligation to pay rent when an
act of God prevents the occupancy of the
AAA abbr. See American Arbitration premises.
Association.
abator n. A person who diminishes or
AALS abbr. See Association of eliminates a nuisance.
American Law Schools.
ABC test n. A rule of law that allows
ABA abbr. See American Bar employers not to provide unemployment
Association. compensation to independent contrac-
tors. The test for whether an individual
abandon v. 1 To intentionally give up is an independent contractor as opposed
for all time an assertion or a claim of an to an employee is threefold: 1) does the
interest in property or in a right or priv- individual work independently of the
ilege. 2 To repudiate, withdraw from, employer’s control (A = alone); 2) does
or otherwise disassociate oneself from a the individual maintain his own place of
duty or responsibility. 3 To intention- business (B = business); and 3) does the
ally fail to complete. individual practice or work at an estab-
lished trade, and exercise control over
abandoned property See property. his own schedule and method of opera-
abandonee n. A person or party to tion (C = control)? The name derives
whom property or a right has been aban- from the letters normally used to desig-
doned or relinquished. nate the three parts of the test. See
contractor.
abandonment n. 1 The act of aban-
doning property or a right with no intent abdication n. The act of a person or
of reclaiming it or of later giving it away branch of government renouncing or
or selling it. See also forfeiture, relin- abandoning an office, trust, sovereignty,
quishment, renunciation, surrender, privileges, or duties to which he or she
and waiver. 2 The act of abandoning a is entitled, holds, or possesses by law.
person with the intent of terminating the abduct v. 1 To carry or lead a person
duties or him or her. For example, the away from where he wants to be or
intentional failure by a parent to com- wants to go by use of force, threats, or
municate with or to provide financial or deception. 2 To restrain or conceal a
other support to his children. See also person in order to prevent his escape or
desertion. rescue. See also kidnapping.
abate 1 v. To end, eliminate, do away abet v. To actively, knowingly, and/or
with, or make null and void. 2 v. To intentionally aid, encourage, incite,
diminish, decrease, or lessen in degree instigate, or otherwise support the com-
or amount. 3 n. The reduction of a mission of an act.
bequest or devise made in a will because
04_542109 ch01.qxp 3/28/06 12:16 PM Page 4
abeyance 4
5 abstention
abstract 6
7 accession
accessory 8
other countries. By doing so, the country when the crime is committed. Such
becomes a party to the treaty. 4 The a person, known as an aider and
acquisition of title to personal property abettor, is normally considered as
by applying labor that converts it into an culpable as the person who actually
entirely different thing (such as turning commits the crime and is normally
treated by the law as an accom-
leather into shoes) or incorporates it plice. See also aid and abet.
into other property. 5 An artificial or
natural addition or improvement to accident n. 1 An unintended, unfore-
property. 6 A real property owner’s seen, and undesirable event, especially
right to all that the property produces one that causes harm, injury, damage, or
and to all that is artificially or naturally loss. 2 An unintended and unexpected
added to it, such as land reclaimed by event, especially one that is undesirable
the use of dams or the construction of or harmful, that does not occur in the
buildings and other improvements. See usual course of events under the cir-
also annexation. cumstances in which it occurred, or that
would not be reasonably anticipated. 3
accessory n. 1 Additional; aiding the In equity, an unexpected and injurious
principal design; contributory; second- event not caused by misconduct, mistake,
ary; subordinate; supplemental. 2 One or negligence. 4 In many automobile
who aids or contributes to the commis- insurance policies, any unintentional
sion or concealment of a crime or assists event including those caused by miscon-
others in avoiding apprehension for the duct, mistake, or negligence.
crime but not present when the crime
was committed. Mere silence or unavoidable accident. An accident
approval of the crime is insufficient to that is not caused by the negligence
make one an accessory; the person must or other fault of anyone involved.
take steps to facilitate the commission
or concealment of the crime or the accidental death n. Death resulting
avoidance of the criminal’s capture. from an accident from an unusual event
See also misprision of felony, accom- that was unanticipated by everyone
plice, aid and abet, conspiracy, and involved. A death may be considered
principal. “accidental” even if it was intentional or
expected. For example, an insurance
accessory after the fact. One who was policy may provide that its accidental
not at the scene of a crime but death benefit will be paid if the insured
knowingly assists, comforts, or is murdered (although generally not if
receives a person known to have the beneficiary committed the murder).
committed a crime or to be sought
for the commission or attempted accidental death and dismemberment
commission of a crime, in an insurance n. Insurance that pays the
attempt to hinder or prevent the insured or his beneficiaries specified
felon’s arrest or punishment. Such a amounts, in addition to or in substitu-
person is normally regarded as less
culpable than the criminal and is tion for compensation for injuries suf-
subject to prosecution for obstruc- fered by the injured, for the loss of
tion of justice. specific body parts, body functions, or
death resulting from an accident.
accessory before the fact. One who
assists, commands, counsels, accidental death benefit n. A pay-
encourages, or procures another to ment, in addition to the compensation
commit a crime, but is not present received by the beneficiaries of an
04_542109 ch01.qxp 3/28/06 12:16 PM Page 9
9 account
accountant-client privilege 10
dealings, and other relations for which services performed, property sold, money
records must be kept. 4 In the loaned, or for damage for the incomplete
Uniform Commercial Code, a right to performance of minor contracts. See also
payment for goods whose sale or lease, account. 4 A legal action to complete
or for services whose performance, are or settle all of a partnership’s affairs.
not evidenced by a negotiable instru- Usually done in connection with the dis-
ment or chattel paper. 5 A business solution of the partnership or with alle-
relationship involving the management gations of a partner’s misconduct. See
of money or the availability and use of also winding up.
credit. 6 In the common law, a legal
action to require a person to account for accounting for profits See accounting.
money or property. See also accounting. accounting method n. The accepted
7 A statement by which someone method by which a person or business
explains, or attempts to explain, an consistently determines his income and
event. 8 In business, a particular expenses and allocates them to an
client or customer. See also joint accounting period in order to determine
account. his taxable income. See accrual
accountant-client privilege See priv- method, cash method, and contract.
ilege. accounting period n. The regular
account creditor n. One to whom the span of time used for accounting pur-
balance of an account is owed. See also poses. For example, the period used by a
account debtor. taxpayer to calculate her income and to
determine her tax liability.
account debtor n. 1 One who owes
the balance of an account. 2 In the accretion n. 1 In property law, the
Uniform Commercial Code, one who gradual increase in land through natural
owes an obligation on an account, chat- processes; for example, the creation of
tel paper, or intangible property. See land caused by the deposit of sediment
also debtor and account creditor. on a shoreline of a river or ocean. The
new land becomes the property of the
account payable n. The balance owed owner of the property to which it is
to a creditor as indicated by an account. attached. See also alluvion, reliction,
See also account receivable. and avulsion. 2 In succession law, the
increase in an heir or legatee’s interest
account receivable n. The balance in property when a co-heir or co-legatee
owed by a debtor as indicated by an dies before the property vests, rejects
account. See also account payable. his inheritance or legacy, fails to comply
with a condition to be met before vest-
accounting n. 1 The act or a system of
ing, or otherwise becomes incapable of
establishing how the assets of a busi-
taking the property.
ness, estate, trust, or other similar
entity were managed and disposed of. accrual method n. An accounting
2 In equity, a legal action to require one, method that records income and
usually a fiduciary or a constructive expenses when they are earned or
trustee, to account for and pay over funds incurred rather than when they are
held by them but owed to another. received or paid. See also cash method
See also account. 3 In equity, a legal and completed contract method.
action for the recovery of funds owed for
04_542109 ch01.qxp 3/28/06 12:16 PM Page 11
11 action
action in personam 12
13 ad hominem
uninfluenced by the power of man and The term may also refer to the increase
that could not be prevented or avoided itself, the procedure by which it is done,
by foresight or prudence. and the court’s power to issue the order.
actual adj. Real or existing in fact as adduce v. To compile or offer, gener-
opposed to being assumed or deemed to ally in the context of introducing evi-
have happened or exist. See also appar- dence at trial.
ent and constructive.
ADEA abbr. See Age Discrimination
actual authority See authority. in Employment Act.
actual cash value n. A fair or reason- ademption n. The reduction, extinc-
able price that can be obtained for an tion, or withdrawal of a devise or legacy
item or property in the ordinary course by some act of the testator, before his or
of business, not under duress or exi- her death, that clearly indicates an
gency. Synonymous with fair market intent to diminish or revoke it. See also
value. ademption by extinction, ademption
by satisfaction, abatement, advance-
actuary n. One who computes insur- ment, and lapse.
ance and property costs, such as the
cost of insurance premiums and risks. ademption by extinction n. An
ademption of some specific or unique
actus reus n. The voluntary and property that occurs when the property
wrongful act or omission that consti- is destroyed, given away, or sold or does
tutes the physical components of a not otherwise exist at the time of the
crime. Because a person cannot be pun- testator’s death.
ished for bad thoughts alone, there can
be no criminal liability without actus ademption by satisfaction n. An
reus. ademption that occurs when the testa-
tor, while alive, gives the property that
ADA abbr. See Americans with is the subject of a devise or legacy to the
Disabilities Act. intended beneficiary in lieu of the testa-
ad damnum n. Latin. To the damage. mentary gift.
The amount of money sought as dam- adequate remedy at law n. A legal
ages by the plaintiff in a civil action. remedy, usually an award of money, that
ad damnum clause n. A statement in provides sufficient compensation to the
the complaint in a civil action that spec- plaintiff, thereby making equitable
ifies the amount of money sought by the relief, such as specific performance,
plaintiff. See also complaint and prayer. unavailable.
addendum n. An addition to a docu- ad hoc adj. Latin. For this; for a par-
ment. ticular purpose. For example, ad hoc
committees are often created to accom-
additur n. Latin. It is added to. A trial plish a particular purpose.
court’s order to increase the damages
awarded by a jury. It is done to prevent ad hominem adj. Latin. To the person.
the plaintiff from appealing on the Appealing to personal prejudices
grounds that inadequate damages were instead of reason; attacking one’s char-
awarded, but the court cannot issue the acter rather than his arguments.
order without the defendant’s consent.
04_542109 ch01.qxp 3/28/06 12:16 PM Page 14
adjoining 14
adjoining adj. Abutting; bordering ad litem adj. Latin. For the suit. For
upon; sharing a common boundary; touch- the purposes of, or pending, the particu-
ing. See also contiguous and adjacent. lar lawsuit. See also administrator ad
litem and guardian ad litem.
adjourn v. To briefly delay, suspend, or
postpone a court proceeding. See also administration n. 1 A court’s manage-
continuance. ment and distribution of property during
a judicial proceeding. 2 The manage-
adjournment sine die See sine die. ment and settlement of the estate of an
intestate or of a testator who has no
adjacent adj. Laying near or close by,
executor by a person appointed by the
but not necessarily connected. See also
court.
adjoining.
administrative agency n. A govern-
adjudge v. To render a judicial deci-
mental regulatory body that controls
sion or judgment concerning a disputed
and supervises a particular activity or
subject that is before the court. For
area of public interest and administers
example, a court may adjudge that a
and enforces a particular body of law
defendant is obligated to pay the dam-
related to that activity or interest.
ages sought by the plaintiff.
administrative law n. 1 The law cov-
adjudication n. The process of hear-
ering the organization, duties, and oper-
ing and resolving a dispute before a
ation of an administrative agency. 2
court or administrative agency. It
The law created by an administrative
implies a final judgment based on the
agency consisting of rules, regulations,
evidence presented, as opposed to a pro-
orders, opinions, or reports containing
ceeding where the merits of the case
findings of fact and administrative hear-
were not considered by the court or
ing decisions.
administrative agency. See also default
judgment. administrative law judge n. An offi-
cial of an administrative agency who
adjure v. 1 To earnestly and solemnly
presides at an administrative hearing
bind, charge, or command. Frequently,
and has the power to administer oaths,
persons who are adjured are placed
issue subpoenas, and rule on the admis-
under oath or a threat of penalty. For
sibility of evidence as well as hear, con-
example, juries are adjured to consider
sider, and weigh testimony and other
only the evidence presented at trial as
evidence and make or recommend fac-
they attempt to reach a verdict in an
tual or legal decisions.
action. 2 To earnestly and solemnly
entreat or request. Administrative Procedure Act n. A
federal statute governing the rule-mak-
adjusted basis n. The value of a tax-
ing and administrative proceedings of
payer’s original investment in property,
federal administrative agencies by pro-
adjusted by the value of subsequent cap-
viding guidelines for rule-making and
ital improvements and depreciation
adjudicative hearings, judicial review,
deductions. See also basis.
and public access. Most states have sim-
adjusted gross income n. A taxpayer’s ilar statutes governing their state
gross income minus the deductions, usu- administrative agencies. Abbreviated
ally business deductions, they are APA.
allowed under the tax code. See income.
04_542109 ch01.qxp 3/28/06 12:16 PM Page 15
15 adoption
adoptive 16
adoptive adj. 1 Related by virtue of an court’s decision and the decision’s incor-
adoption. For example, an adult who poration in a bound volume of law reports.
adopts a child is that child’s adoptive See also reports and slip opinion.
parent. (Although the adult is referred
to as the adoptive parent, the minor is advancement n. An irrevocable gift to
known as the adopted child.) 2 an heir during an intestate’s life, given
Pertaining to an adoption of any kind. with the intention that it shall diminish
For example, by adoptive works or con- or extinguish the heir’s share of the
duct, one may accept legal responsibility intestate’s estate under the laws of
for the act of another. intestate succession. See also satisfac-
tion, ademption, and lapse.
ADR abbr. See alternative dispute
resolution. adventure n. Any commercial or
financial venture involving speculation
adult n. A person who has attained or risk. See also joint venture.
the age of majority. See age.
adversary n. An opponent, especially
ad testificandum adv. Latin. For testi- an opposing attorney or party in an
fying. See subpoena (subpoena ad testifi- action.
candum). See also habeas corpus.
adversary procedure See adversary
adultery n. The voluntary sexual inter- system.
course by a married person with some-
one other than his or her spouse. The adversary proceeding n. 1 A judicial
consent of both parties and penetration hearing or other proceeding involving a
are required for adultery to exist. Under real dispute between opposing parties.
the common law, only a married woman See also controversy and ex parte. 2
could commit adultery, but most states A proceeding before the Bankruptcy
now apply the term to married men as Court to settle disputes regarding the
well. Also, in the states where adultery distribution of the assets of a bankrupt.
is still a crime, most statutes now pro- adversary system n. A method of
vide that the unmarried sexual partner of adjudication in which active and unhin-
a married person can also be charged dered parties, usually through their
with the offense. See also criminal con- lawyers, contest with each other and
versation, fornication, and rape. present support in favor of their respec-
ad valorem tax See tax. tive positions, usually through the
examination and cross-examination of
advance n. Monies paid before any witnesses and the presentation of other
consideration is received in exchange. evidence, to a neutral and independent
decision-maker. In criminal cases, this
advance directive n. A durable power is often called the accusatorial system.
of attorney that becomes effective if and
when one becomes incompetent, and adverse possession n. A method of
that directs the limit to what medical acquiring title to real estate by actually,
procedures should be employed to pro- continuously, and openly occupying the
long one’s life. property for an uninterrupted amount of
time to the exclusion of all others and in
advance sheets n. A paperback or defiance of the real owner’s rights. The
looseleaf booklet or pamphlet contain- required period of occupancy, as well as
ing recent decisions issued by a (usually other possible conditions, are set by
appellate) court. Advance sheets are pub- statute.
lished between the announcement of the
04_542109 ch01.qxp 3/28/06 12:16 PM Page 17
17 affirmative action
adverse witness See hostile witness. by the declarant before a notary public
or another officer authorized to adminis-
advice and consent n. Phrase found ter oaths. See also affirmation.
in Article II, Section 2, Clause 2 of the
United States Constitution describing affidavit of service n. An affidavit
the Senate’s role in confirming presiden- that certifies the service of a notice,
tial appointments and ratifying treaties. process, summons, or writ by stating
The “consent” takes the form of a vote. the time and manner in which the docu-
Rarely does a president formally seek ment was served.
the Senate’s advice (it has happened only
twice; the last time was in 1848), but affiliate n. A corporation that is
senators often advise the president infor- related to another corporation by one
mally as to which potential nominees owning shares of the other, by common
and treaty provisions are acceptable. ownership, or by other means of control.
See also company (parent) and sub-
advisory jury n. Used in cases where sidiary.
there is no jury trial as a matter of right
but the judge desires the non-binding affinity n. 1 A close agreement. 2
input of a jury. Rarely used. The attraction between people. 3 Any
relationship created by marriage. See
advisory opinion n. A nonbinding also consanguinity. 4 A term used to
opinion by a court, judge, or law officer describe the relationship that one has to
on the interpretation or constitutionality the adopted or blood (and usually close)
of the law, a proposed statute, or a hypo- relatives of their spouse. For example,
thetical legal question submitted to it by affinity exists between a woman and her
a legislative or executive body or an husband’s brother.
interested party. The United States
Constitution prohibits federal courts affirm v. 1 To confirm, ratify, or other-
from issuing advisory opinions. wise approve a lower court’s decision on
appeal. 2 To solemnly declare that
advisory verdict n. A decision, usually certain statements are true or that one
non-binding, of an advisory jury. will testify truthfully. 3 To make a
solemn promise. See also oath.
advocacy n. Active support for a legal
cause by argument and persuasion. affirmation n. 1 The act of affirming
the truth of one’s statement. It serves
advocate 1 n. One who actively the same purpose as an oath and is usu-
assists, defends, pleads, prosecutes, ally done when the declarant objects to
speaks, writes, or otherwise supports making an oath on religious or ethical
the cause of another. 2 n. A lawyer. ground. 2 A voluntary and written ex
3 v. To speak, write, or otherwise sup- parte statement of facts. It is sometimes
port a cause by argument. required that the document be signed
aff’d abbr. Affirmed. and the truth of its content be affirmed
by the declarant in the presence of a
aff’g abbr. Affirming. notary public or another officer author-
ized to administer oaths. See also oath,
affiant n. One who makes and sub- affirm, and affidavit.
scribes to an affidavit.
affirmative action n. Any acts by a
affidavit n. A voluntary and written ex private or public entity to eliminate dis-
parte statement of facts signed and the crimination, to correct or remedy the
truth of its content affirmed or sworn to effects of past discrimination, or to pre-
04_542109 ch01.qxp 3/28/06 12:16 PM Page 18
affirmative defense 18
vent future discrimination. Such dis- the property. Title automatically vests in
crimination is usually based on the race, the buyer upon the completion of events
sex, national origin, or disability of the that would otherwise give complete title
person being discriminated against. See to the seller.
also reverse discrimination.
after-born child See child.
affirmative defense See defense.
after-born heir See heir.
affirmative easement See easement.
A.G. abbr. See Attorney General.
affirmative relief See relief.
against the (manifest) (weight of the)
affix v. To permanently add to, attach, evidence n. An evidentiary standard
or fasten on. allowing a trial judge to set aside a
jury’s judgment or verdict and order a
affray n. The voluntary and consen- new trial when it clearly appears to the
sual fighting between two or more indi- judge that the jury’s decision is unsup-
viduals in a public place to the terror of ported by the credible evidence pre-
onlookers or the disturbance of the sented at trial; is based upon false
peace. There is no affray when a person evidence or some improper motive, bias,
is unlawfully attacked and resorts to or feelings; or would result in a miscar-
self-defense instead of fleeing. See also riage of justice. However, this does not
assembly. permit a judge to substitute the jury’s
decision with his own merely because he
a fortiori v. Latin. By the stronger (rea-
disagrees with the decision.
son). To draw an inference that when
one proposition is true, then a second age n. A period of time, especially one
proposition must also be true, especially marking the time of existence or the
if the second is included in the first. For duration of life.
example, if a 19 year old is legally an
adult, then a 20 year old is, too. age of capacity. The age, usually
determined by statute, at which a
aforethought adj. Considered in person becomes legally capable of
advance; deliberate; premeditated. See becoming a party to a contract, exe-
also malice aforethought. cuting a testamentary document
(such as a trust or will), initiate a
after-acquired property n. 1 In com- lawsuit without a guardian, and so
mercial law, property acquired by a on. See capacity.
debtor after the execution of a security age of consent. 1 The age, usually
agreement wherein property acquired by determined by statute, below which
the debtor before the execution of the a person may not marry without
agreement has been pledged as collat- parental consent. See also consent.
eral for a loan. 2 In bankruptcy law, 2 The age, usually determined by
property acquired by a bankrupt after a statute, below which a person is
petition for bankruptcy is filed. legally incapable of consenting to
sexual intercourse. See consent
after-acquired title n. The title and rape.
acquired by a buyer, who previously pur-
chased property while unaware that the age of majority. The age, usually deter-
mined by statute, at which a person
seller did not have complete title to it, attains full civil, legal, and political
after the seller, unbeknownst to the rights. See also age of consent.
buyer, later acquires complete title to
04_542109 ch01.qxp 3/28/06 12:16 PM Page 19
19 agreement
age of reason. 1 The age, usually aggravated adj. In criminal and tort
determined by statute, below which a law, a crime or tort becoming worse or
child cannot be legally capable of more serious due to certain circum-
committing a crime. 2 The age, stances (determined by a statute for
usually determined by statute or case aggravated crimes and usually by
law, below which a child cannot be
legally capable of committing a tort. statute and case law for aggravated
torts) that occur or are present during
legal age. The age, usually deter- the commission of the crime or tort,
mined by statute, at which a person such as the possession of a deadly
becomes legally capable to exercise weapon, the youthfulness or pregnancy
a specific right or privilege or to of the victim, or the reckless disregard
assume a specific responsibility. For for the other people’s safety. The perpe-
example, in many states, a person trator of an aggravated crime is usually
may legally drive an automobile subject to more severe penalties than
once she is 16 years of age, but has for unaggravated forms of offense. The
to wait until she is 21 to legally perpetrator of an aggravated tort is sub-
drink alcohol. ject to punitive damages. See also miti-
gating circumstance and simple.
age discrimination n. The denial of
privilege or other unfair treatment based aggravating circumstances n.
on the age of the person who is discrim- Circumstances, facts, or situations that
inated against. increase the culpability, liability, or the
measure of damages or punishment for
Age Discrimination in Employment a crime or a tort.
Act n. Federal statute that protects
most employees between 40 and 70 aggregate 1 n. The sum, total, or
years of age from age discrimination in whole of all the parts. 2 v. To collect
the workforce. Other federal and local or combine.
laws provide other protections against
age discrimination in such areas as aggregation doctrine n. The rule that
housing. Abbreviated ADEA. prevents a party from combining the
amounts in controversy in all of their
agency n. 1 A fiduciary relationship in claims in order to exceed the jurisdic-
which a person or entity act, by mutual tional amount requirement in a federal
consent, for the benefit of another and diversity of citizenship case. See also
bind the other party by words or deeds. amount in controversy and jurisdic-
See agent, authority, fiduciary and tion (jurisdictional amount).
principal. 2 A governmental body
with the legal authority to administer aggrieved adj. To be adversely
and implement specific legislation. affected, or to perceive oneself as being
so, by an act or situation or by a court’s
agency couple with an interest n. A decision.
relationship between principal and agent
in which the agent is given an interest in agreement n. 1 A mutual understand-
the subject matter of the agency. ing between two or more legally compe-
tent individuals or entities about their
agent n. One who by mutual consent is rights and duties regarding their past or
authorized to act for another. See future performances and consideration.
agency, authority, and principal. While an agreement usually leads to a
04_542109 ch01.qxp 3/28/06 12:16 PM Page 20
21 alienation of affections
person who aids and abets is usually just alien n. 1 One who is not a citizen,
as liable, and subject to the same meas- national, or subject of a particular coun-
urement of damages and penalties, as try. 2 One who is not a citizen, national,
the person who commits the crime or the or subject of the country in which he
tort. See also accessory, accomplice resides. 3 One who is born in or owes
and conspiracy. his allegiance to a foreign country.
air piracy See hijack. deportable alien. An alien who may
be deported because she was an
air rights n. The ownership or right to inadmissible alien when she
use any or all of the airspace above one’s entered the United States or has
real property. violated the regulations (for exam-
ple, by committing a serious crime)
a.k.a. abbr. “Also known as.” See governing the conduct of aliens who
alias. are within the country.
aleatory adj. Dependant on the occur- illegal alien. 1 An alien who enters or
rence of an uncertain contingent event. remains in the United States with-
out legal authorization or by fraud.
aleatory contract n. A contract in 2 An alien who marries an American
which the performance of at least one citizen, but with no intention of liv-
party depends upon the occurrence of an ing with his or her spouse as hus-
band and wife, for the purpose of
uncertain future event. improperly entering the United
Alford plea n. A guilty plea entered as States or avoiding deportation.
part of a plea bargain by a criminal inadmissible alien. An alien who can-
defendant who denies committing the not legally enter the United States.
crime or who does not actually admit his There are many reasons why an alien
guilt. In federal courts, such plea may be may be prohibited from entry, includ-
accepted as long as there is evidence ing a criminal record or poor health.
that the defendant is actually guilty.
nonresident alien. An alien who per-
Named after North Carolina v. Alford manently resides outside the United
(1970). States.
ALI abbr. See American Law resident alien. An alien who legally
Institute. established permanent residency in
alias n. 1 An assumed or additional the United States.
name used by a person, frequently to alienation n. In real property law, the
conceal her true identity, or such a name voluntary and absolute transfer of title
applied to a person by others. See also of possession, by gift, sale, or testamen-
known as. 2 An alias writ. tary instrument, of real property from
alias writ See writ. one to another.
alienee 22
It also includes mental pain and suffer- behalf to mitigate the punishment that
ing such as anguish, humiliation, embar- is about to be imposed. The defendant
rassment, and loss of social position as does not have to be sworn before he
well as actual financial losses caused by makes his address, his comments are
the disruption or destruction of the mar- not subject to cross-examination, and
ital relationship. See consortium. the opportunity may include the right to
offer evidence (such as an explanation
alienee n. One to whom property is for his conduct or a reason why severe
alienated. sentence should not be imposed) beyond
a request for mercy or an apology for his
alienor n. One who alienates property
conduct. 2 A similar procedure where
to another person or entity.
the victim of a crime is given in some
alimony n. Money paid after divorce to states the opportunity to personally
former spouse for support, usually for a speak, before punishment is imposed,
specified period of time, by court order about the pain and suffering suffered or
or written agreement. If paid during about the convicted defendant. 3 The
pendency of the divorce proceedings, procedure by which a guilty plea can be
referred to as alimony pendente lite. See accepted in a criminal action. The
pendente lite. process usually consists of a series of
questions designed to assure the judge
aliunde rule n. The doctrine that a that the defendant understands the
verdict may not be called into question charges, is guilty of the crime he is
by a juror’s testimony without a founda- accused of, understands the conse-
tion for that testimony being first estab- quences of a guilty plea and that he is
lished by competent evidence from entitled to a trial, and is voluntarily
another source. For example, a verdict entering the plea.
may not be overturned on the testimony
of a juror that he was bribed, unless allodial See ownership and allodium.
there was first evidence from another
allodium n. Real property owned
source of the bribery.
absolutely and free of any obligation to
ALJ n. abbr. Administration law judge. another with a superior vested right.
23 a mensa et thoro
amercement 24
25 annul
answer 26
ante adv. Latin. Before. Before in time, APA abbr. See Administrative
order, or position; in front of. See also Procedure Act.
post. a posteriori adv. Latin. From what
antenuptial agreement n. Same as comes after. Inductive; empirical; rea-
prenuptial agreement, although less soning or the ascertaining of truth by
commonly used. See agreement. actual experience or observation. See
also a priori.
anticipatory breach See breach of
contract. apparent adj. 1 Readily perceived;
manifest; obvious; visible. 2 Seeming,
anticipatory repudiation Same as antic- but not actual or real. See also actual
ipatory breach. See breach of contract. and constructive.
antidumping law n. A federal statute apparent authority See authority.
authorizing the imposition of special
duties on imported foreign goods when appeal n. 1 The process to seek and
the manufacturers are attempting to sell obtain a review and reversal by a court
the goods in the United States at less of a lower court’s decision. 2 The
than fair value to the material detriment process to seek and obtain a review and
of American industry. See dumping. reversal of an administrative decision by
a court or by a higher authority within
antilapse statute n. A statute the administrative agency. See also cer-
enacted in most states allowing the tiorari, notice of appeal, trial (trial de
heirs of a devisee or legatee who dies novo), and writ of error.
before the testator to take the testa-
mentary gift intended for the devisee or appeal (as of) (by) right. An appeal in
which a court or administrative
legatee. Without the statute, the gift agency must review the decision
would fail and go to the residuary bene- that is sought to be reversed.
ficiary (if any) or to the testator’s intes-
tate heirs. For example, without the appeal by permission. An appeal in
statute, a bequest to a son who dies which a court or administrative
before his father would lapse, and the agency’s review of a decision is
04_542109 ch01.qxp 3/28/06 12:16 PM Page 27
27 appellant
appellate 28
29 argument
argumentative 30
closing argument. At a trial, the final them a copy of the charges. The defen-
statement given by the parties or dant is also advised of his rights (for
their attorneys to the judge or jury, example, the right to plead not guilty
before deliberation, in which they and to have a jury trial) and enters a
summarize the evidence and the plea, and the amount of bail (if bail is
applicable law, present their inter- not denied) is determined.
pretation of the same, and ask that
a judgment or verdict be reached in array 1 n. A group of people called
their or their clients’ favors. into court at the same time for potential
oral argument. 1 A party or his attor- jury duty. From such a group the mem-
ney’s oral presentation to a court bers of a jury or juries will be selected.
stating the factual and legal rea- 2 n. The members of such a group who
sons why the court should decide a are empaneled to be a jury. 3 v. To
legal issue or take particular action empanel a jury for a trial. 4 n. The list
in their favor. 2 The procedure by of empaneled jurors. 5 v. To call out
which such arguments from all par- the names of the jurors as each is
ties are heard by the court. empaneled.
reargument. The oral, and some- arrear n. 1 The state of being late in
times written, presentation of addi- the payment of a debt or the perform-
tional arguments to a court on a ance of an obligation. 2 An overdue or
matter previously argued before the unpaid debt or unfinished duty. See also
court, but on which no decision has arrearage.
yet been rendered, for the purpose
of advising the court of some con- arrearage n. An overdue debt. See
trolling appellate court decision or also arrear.
principle of law that was previously
overlooked or of some misapprehen- arrears See arrear.
sion of facts. See also reconsidera-
tion and rehearing. arrest n. The intentional deprivation,
whether actual or constructive, of a per-
argumentative adj. Stating facts and son’s freedom by legal authorities using
suggesting that particular inferences forcible restraint, seizure, or otherwise
and conclusions can be drawn from taking the individual into custody, espe-
them. cially in response to a warrant or a sus-
picion based on probable cause that the
armed robbery See robbery. person being arrested has committed a
crime. The person making the arrest
arm’s length adj. Of or relating to the must have the present power to control
bargaining position or dealings of two or the person being arrested. Furthermore,
more unrelated parties of approximately the intent to make an arrest must be
equal bargaining power who are not con- communicated to the individual who is
nected, on close terms, or in a confiden- being detained and that person must
tial relationship with each other and understand that the seizure or detention
whose mutual dealings are influenced is an intentional arrest. See also privi-
only by their own self-interest. lege and resisting arrest.
arraignment n. The first step in a citizen’s arrest. An arrest made by a
criminal prosecution wherein the defen- private individual rather than by a
dant is formally advised of the charges law enforcement officer. Such
against him. This is done by reading the arrests are lawful only if 1) an
charges to the defendant or by giving offense was committed in the pres-
04_542109 ch01.qxp 3/28/06 12:16 PM Page 31
31 articles of impeachment
articles of incorporation 32
33 assize
assizes 34
35 attachment
attainder 36
37 authority
automatic stay 38
39 AWOL
B
court by or on behalf of one accused of
committing a crime, to obtain release
from incarceration and to ensure the
person’s future appearance in court
when required during the criminal pro-
ceeding. See also preventive detention
and recognizance. 2 v. To obtain for
oneself or another the release from incar-
ceration by providing security to ensure
the person’s future appearance at every
stage in a criminal proceeding. 3 v. To
temporarily give possession of personal
property to someone. See also bailment.
BAC abbr. Blood alcohol content. excessive bail. Bail set in an amount
greater than what is reasonable, in
bad character n. A person’s predispo- light of the seriousness of the
sition to commit evil acts. alleged crime and the risk that
the defendant might flee, to ensure
bad check See check. the person’s appearance at every
stage of a criminal proceeding. The
bad debt n. An uncollectible debt aris- Eighth Amendment to the United
ing due to the debtor’s refusal to pay, States Constitution prohibits the
insolvency, or bankruptcy. setting of bail in excessive
amounts.
bad faith n. Dishonesty of purpose;
lack of fairness and honesty; the contin- bail bond See bond.
uous and willful failure to fulfill one’s
duties or obligation. See also good bail bondsman See bailsman.
faith. bailee n. One who temporarily pos-
badge of fraud n. The facts or circum- sesses the personal property of another
stances surrounding a transaction that pursuant to and agreement between
indicate that one party is trying to hin- them. See also bailment.
der or defraud another party, especially bailer See bailsman and bailor.
a court, an opposing party in an action,
or a creditor. Such badges include, bailiff n. 1 A court officer charged
among other things, the transfer of with maintaining order in the court-
property in anticipation of litigation or room, with taking care of the judge’s
execution. See also fraud. and jury’s needs, and, in criminal pro-
ceedings, with the custody of the defen-
badge of slavery n. 1 A legal disabil- dant. 2 A sheriff’s deputy or other
ity imposed on a slave, such as the officer who executes writs and serves
inability to vote, own property, or enter processes and warrants of arrest. 3
into a contract. 2 Any visible trace of One who oversees the administration of
slavery, such as racial discrimination in land, goods, and other property, includ-
public education. 3 Any public or pri- ing the collection of rent, for the owner.
vate act of racial discrimination that
Congress can prohibit under the bail jumping v. To flee, hide, or other-
Thirteenth Amendment to the United wise avoid an appearance at any stage
States Constitution. in a criminal proceeding while free on
bail.
bad title See title.
bail 1 n. Security, such as cash, a
bond, or property, pledged or given to a
05_542109 ch02.qxp 3/28/06 12:16 PM Page 41
41 balance sheet
43 bar association
ing his farm while arranging and side exclusively over bankruptcy pro-
carrying out, under court supervi- ceedings filed within a designated United
sion, a repayment plan with his States District Court’s jurisdiction.
creditors.
bankruptcy trustee n. See trustee.
Chapter 13 bankruptcy. A bank-
ruptcy proceeding whereby a person bar 1 n. A legal obstacle or barrier
with a regular income is allowed to that prevents or destroys a legal action
propose a plan to reduce her obliga- or claim, especially one that prevents
tions or extend the period to pay
those obligations and allow her the relitigation of an issue or the forma-
future earnings to be collected by a tion of a valid contract. See also double
trustee and paid to the debtor’s jeopardy, estoppel, merger, plea, and
unsecured creditors. Also called res judicata. 2 v. To prevent, prohibit,
rehabilitation. or act as a bar to. 3 n. In bar. As a bar
to an action. For example, if a defendant
involuntary bankruptcy. A bank- in a criminal action was acquitted ear-
ruptcy proceeding initiated by a lier of the same charges that he is now
creditor to legally declare a debtor
to be bankrupt and to impound all of accused, he may plead double jeopardy
the debtor’s non-exempt property, in bar. 4 adj. At bar. Now before the
distribute it or its proceeds to the court. For example, an action that is
creditors, and extinguish the before the court may be referred to as
debtor’s liability. the case at bar. 5 n. The legal profes-
sion in general. 6 n. A group of attor-
voluntary bankruptcy. A bankruptcy neys admitted to practice law in a
proceeding voluntarily initiated by a particular jurisdiction or before a partic-
debtor who files a petition with the ular court or who practice in a common
bankruptcy court to be legally field or area of expertise in the law. 7
declared a bankrupt and, during the n. The railing in a courtroom that sepa-
proceeding, surrenders his property rates the area used by the judge,
in order to discharge his debts. lawyers, and court personnel to conduct
judicial business from the seating pro-
Bankruptcy Act n. The federal
vided for observers. See also bench.
statute, adopted in 1898, that governed
all bankruptcy cases filed before bar association n. A professional
October 1, 1979. organization of attorneys who practice
law within a specific geographic area
Bankruptcy Code n. The federal
(for example, a state bar association) or
statute, adopted in 1978, that governs
who practice in a common field or area
all bankruptcy cases filed after
of expertise in the law (for example, a
September 30, 1979. Superseded
defense attorneys’ bar association).
Bankruptcy Act.
integrated bar. A bar association in
Bankruptcy Court n. A United States which membership is legally
District Court, or the bankruptcy judges required of all attorneys who prac-
assigned to a given United States tice law in that state or jurisdiction.
District Court, that deals only with Also called a compulsory bar,
bankruptcy proceedings. mandatory bar, and unified bar.
bankruptcy judge n. A United States voluntary bar. A bar association that
District Court judge appointed by a attorneys do not need to join in
United States Court of Appeals to pre- order to practice law.
05_542109 ch02.qxp 3/28/06 12:16 PM Page 44
bare license 44
bare license See license. quarrels. Was a crime under the com-
mon law and is a statutory crime in most
bar examination n. A written exami- states. See also abuse of process,
nation administered by a state or an champerty, and maintenance.
established licensing authority, such as
a state bar association, usually lasting barrister n. 1 In England, a lawyer
two or more days, that tests the legal who argues cases in court. See also
knowledge of individuals seeking a solicitor. 2 In the United States, a
license to practice law in a particular lawyer.
state. See admission.
barter 1 n. The exchange of goods or
bargain 1 n. A voluntary agreement services without the use of money. 2
between parties for the exchange or pur- v. To negotiate, engage in, or conclude a
chase of goods or services, regardless of barter.
whether the transaction is legal or the
consideration is sufficient for the agree- basis n. The amount or value assigned
ment to constitute a contract. to a taxpayer’s cost of acquiring, or
Synonymous with contract. 2 v. To investment in, an asset. Primarily used
negotiate the terms of an agreement. when determining the taxpayer’s gain or
loss when the property is sold, bartered,
bargain and sale n. A written contract or exchanged or the asset’s deprecia-
to convey the legal title of, and raise a tion.
use in, real property in exchange for
valuable consideration recited in the adjusted basis. The value of a tax-
payer’s basis in an asset, after mak-
agreement without requiring the parties ing additions or subtractions to his
to enter the land and perform a livery of or her original basis, to reflect cer-
seisin. Unless it includes a covenant of tain events, such as capital
seisin and right to convey, the agree- improvements and depreciation,
ment contains no guarantees as to the that affect the value of the property
seller’s title to the property. See also subsequent to the taxpayer’s acqui-
deed. sition of or investment in the asset.
45 bench memorandum
bench ruling 46
47 bid-shopping
bigamy 48
bigamy n. 1 The crime of marrying a no bill or no true bill. The words used
person while legally married to another. in a grand jury’s notation on a bill of
The second marriage is void. 2 In indictment indicating that insuffi-
some states, the crime of cohabiting cient evidence exists to support a
with a person of the opposite sex while criminal charge set forth in the pro-
posed indictment. Such a decision
legally married to another. See also by the grand jury prevents the pros-
monogamy and polygamy. ecution from pursuing a criminal
action against the defendant based
bilateral contract See contract. on those charges until a new grand
bill 1 n. A draft of a proposed statute jury is selected.
submitted to a legislature by one of its revenue bill. A piece of legislation for
members for consideration and possible the purpose of levying taxes. By the
enactment. United States Constitution, all fed-
eral revenue bills must originate in
appropriation bill. A bill that, if the House of Representatives. A
enacted, would authorize the expen- similar provision constraining the
diture of government funds. origin of revenue bills to one partic-
ular house of the state legislature is
engrossed bill. The draft of a bill as it part of many of the various state
is adopted by one house of a legis- constitutions.
lature and before it is sent to the
other house for consideration. See true bill. The words used in a grand
also enrolled bill. jury’s notation on a bill of indict-
enrolled bill. The final draft of a bill ment indicating that sufficient evi-
after it is adopted by both houses of dence exists to support a criminal
a legislature, printed, checked for charge set forth in the proposed
errors, and signed by the presiding indictment that, if proved, would
officers of both houses before it is result in the defendant’s conviction.
sent to the president or a governor Once the bill of indictment is
for approval or rejection. See also indorsed as a true bill and filed with
engrossed bill. the court, the prosecution must pur-
omnibus bill. 1 A bill that contains sue a criminal action against the
proposals on a variety of subjects. defendant based on those charges
Usually, such a bill will have one unless the court approves a dis-
major provision dealing with one missal.
topic and several minor provisions
regarding matters unrelated to the 2 n. A statement by one person or entity
major subject. 2 A bill that con- to another regarding money owed for
tains all proposals on a single (usu- goods sold and services performed.
ally broad) subject, such as an Usually, the statement is in the form of
omnibus education bill that includes an itemized list of the goods and serv-
all proposals regarding, however tan- ices, along with the amount owed for
gentially, the subject of education.
each item. 3 v. To submit a request for
private bill. A bill concerning the payment for goods sold and services
interests, or affecting, only one or a performed. 4 n. In equity law, the ini-
small number of individuals, enti- tial pleading wherein a party sets out
ties, or localities. their cause of action. See also com-
plaint and petition.
public bill. A bill concerning the gen-
eral interests of, or affecting, the
whole community, state, or country.
05_542109 ch02.qxp 3/28/06 12:16 PM Page 49
bill of certiorari n. In equity law, a clean bill or clean bill of lading. A bill
pleading that seeks the removal of an of lading with no added notations
that change or qualify its terms.
action to a higher court for appellate
review. See also certiorari. order bill or order bill of lading. A bill
of lading that is negotiable and that
bill of costs n. An itemized and certi- states that the goods can be deliv-
fied (or verified) list of the expenses ered only when the bill of lading is
incurred by the prevailing party in a law- presented to the carrier. Title to the
suit. The pleading is submitted to assist bill of lading and to the goods iden-
the court in determining how many, if tified in it can be transferred by the
any, of these costs should be paid by the shipper, indorsing and giving up
losing party. possession of the document to
another, who is then entitled to
bill of discovery n. In equity law, a receive the goods from the carrier.
pleading that seeks the disclosure of straight bill or straight bill of lading.
facts known by the adverse party. See A nonnegotiable bill of lading that
also discovery. merely specifies the specific place
and person the carrier is to deliver
bill of exceptions. n. 1 A written the goods to.
statement from a trial judge to an appel-
late court listing a party’s objections or through bill or through bill of lading.
exceptions made during the trial and the A bill of lading issued by the first of
grounds on which they were based. 2 multiple connecting carriers who
In some states, a detailed record made, are going to ship the goods. By issu-
after a trial judge has excluded evi- ing the document, the first carrier
dence, of what that evidence was so assumes responsibility for the other
that, in case of an appeal, the appellate carriers for the shipment’s eventual
court can better determine whether it arrival and delivery at the desig-
was proper for the evidence to be nated place and person.
excluded at trial. For example, if the
trial judge excluded a letter from evi- bill of pains and particulars n. Any
dence, the letter might be read into the legislative act similar to a bill of attain-
record so its contents may be part of the der that imposes a punishment less
bill of exceptions. See also exception. severe than death. Such enactments are
forbidden by the United States
bill of exchange See draft. Constitution’s prohibition of bills of
05_542109 ch02.qxp 3/28/06 12:16 PM Page 50
bill of particulars 50
blank check Same as blank indorse- ple, an ordinance prohibiting the opera-
ment. See indorsement. tion on Sunday of a dance hall within
city limits is a blue law if it was enacted
blasphemy n. The act of reviling, for religious purposes.
ridiculing, or being disrespectful or
irreverent of, by words or conduct, blue sky law n. The popular name for
God, religion, a religious doctrine, a reli- the statute, found in every state, that
gious icon, or anything considered regulates within the state the sale of
sacred. A crime under the common law corporate securities to the public. These
if the blasphemy was directed towards laws are the states’ counterpart to the
Christianity or Christian doctrine and federal securities acts. See securities
icons and is still a statutory crime acts.
(although rarely enforced) in many
states. board of directors n. The governing
body of a corporation elected by the
blockbusting v. The inducement of shareholders to establish and carry out
people by a real estate agent to sell real corporate policy, select the corporation’s
property quickly, and frequently for less officers, make certain major decisions
than what the property is worth, by concerning the corporation’s business
spreading rumors about ethnic minori- and finances, and to oversee the corpo-
ties moving into the neighborhood and ration’s operations.
thereby generating business for the real
estate agent. This practice is outlawed board of pardons n. A state agency
by many state laws as well as by the fed- authorized to grant pardons to and com-
eral Fair Housing Act of 1968. mute the sentences of convicted crimi-
nals. Also called a pardon board.
blood alcohol concentration (or blood
alcohol content) n. The amount of bodily heir See heir.
alcohol in an individual’s bloodstream
bodily injury See injury.
expressed as a percentage of the total
composition of one’s blood. The percent- body politic n. The people who are
age is used to determine whether the subjected to or owe allegiance to a sin-
person is legally drunk, especially in gle organized political governmental
regard to laws prohibiting the driving of authority, such as a state or country.
vehicles while under the influence of
alcohol. boilerplate n. Any standardized lan-
guage or working that is almost always
Bluebook, the n. The most frequently found in certain legal documents such
used guide on how to cite court case, as contracts and deeds. The terms are
statutes, treatises, law review articles, often in fine print and typically deal with
legislative debates and hearings, and matters that are either noncontroversial
other authorities on the status and inter- or nonnegotiable. See also contract,
pretation of the law. Formerly titled, and fine print, and unconscionable.
now subtitled, “A Uniform System of
Citation.” bona fide adj. Latin. In good faith.
Acting, being, carried out, or made in
blue laws n. Laws regulating or pro- good faith; authentic; genuine; sincere.
hibiting certain otherwise legal activi-
ties, especially commercial activities, bona fide occupational qualification
either on Sunday or all the time for n. Employment practices that would
essentially a religious reason. For exam- constitute discrimination as to certain
05_542109 ch02.qxp 3/28/06 12:16 PM Page 52
53 bond
junk bond. A corporate bond that serial bond. One of several bonds
pays high interest, because the issued at the same time, each of
company issuing it has a great risk which has a different maturity date.
of going out of business.
series bonds. A group or groups of
municipal (or state) bond. A bond bonds issued as a result of the same
issued or guaranteed by a local or bond indenture, but offered to the
state government or governmental public at different times and with
body. different maturity dates and inter-
est rates.
payment bond. A bond to ensure that
the employees, subcontractors, and supersedeas bond. A bond required of
suppliers of materials for a general the losing party in a civil action for
contractor on a construction project the amount of the judgment. The
will be paid by the bonding com- bond is frequently a requirement for
pany, which acts as an insurer, if the delaying the execution of the judg-
contractor fails to pay them. ment while the losing party is
appealing the case. Also called
peace bond. A bond required by a supersedeas.
court of a person who has previ-
ously engaged in public distur- surety bond. 1 A bond provided,
bances or disorderly conduct or has usually for a fee, by one party, such
threatened to do so again to ensure as an insurance company, to protect
that, if she breaches the peace in against the potential actions or
the future, she will pay the court an default of another party, by guaran-
amount up to the limits of the bond. teeing to perform certain acts or to
See also breach and conduct. pay an amount up to the limits of
the bond if the other party acts or
penal bond. A bond to secure pay- fails to act as prescribed in the
ment of a specified sum as a penalty bond. Also called a suretyship bond.
if an obligation is not met. Often See also surety and suretyship. 2
used to ensure that the terms of a A long-term, interest-bearing
contract are performed. Also called instrument, in the form of a certifi-
a penalty bond. cate, issued to the public by a cor-
porate or governmental entity as a
personal bond. A bond issued by the way to borrow money. The obligor
party whose own potential action or promises to repay the money on or
default will trigger the payment or before a specific date and makes
forfeiture of money up to the limits regular interest payments until
of the bond. See also surety bond. then. The owner of the bond is not a
registered bond. A bond that is not stockholder and has no ownership
payable to an individual only interest in the entity, but is only a
because he or she has possession of creditor, and the debt is often
the certificate evidencing the bond’s secured by a lien on the entity’s
existence, but instead is payable property. See also debenture.
only to whomever the issuer’s
records indicate is the owner of the zero-coupon bond. A bond for which
bond. no interest is paid before its matu-
rity. It is purchased at a discount
revenue bond. A bond issued to raise price and redeemed at its maturity
funds for a specific project. The for its face value.
money used to repay the debt can
derive only from the proceeds of
that project.
05_542109 ch02.qxp 3/28/06 12:16 PM Page 54
bonded 54
55 breach
breach of contract 56
57 burden of allegation
bridge loan n. Short-term loan to women enter the legal profession, more
cover excessive or concurrent obliga- gender-neutral phrases, such as “my col-
tions, as in the case of a loan to cover league,” are being used.
two separate mortgages until borrower
is able to sell one home. buggery n. Anal sex with another per-
son or with an animal. See also bestial-
brief 1 n. A written statement pre- ity and sodomy.
pared by a lawyer and submitted to the
court that outlines the pertinent facts of bugging v. Intercepting, listening to,
the case, the questions of law to be or recording a conversation, usually
decided, the position of the lawyer’s done covertly, by the use of an electronic
client as to those questions, and the device. See also pen register and wire-
legal arguments and authorities (for tap.
example, statutes and appellate court
building and loan association n. A
decisions) that support that position.
quasi-public corporation to which its
See also memorandum.
members contribute money that is
amicus brief. The brief submitted by loaned back to the members so they can
an amicus curiae. Also called brief buy or build homes. See also bank.
amicus curiae.
bulk sale n. Any sale of a large quan-
appellate brief. A brief submitted tity of materials, merchandise, supplies,
when the case is on appeal. or other inventory that is not in the
reply brief. A brief that responds to seller’s ordinary course of business.
the arguments previously raised in Also called bulk transfer. Regulated by
an opponent’s brief. the Uniform Commercial Code that is
designed to prevent a seller from mak-
trial brief. A brief usually submitted ing such a sale, and then spending or
just before a trial. disappearing with the proceeds without
first paying his creditors.
2 v. to counsel in an advisory capacity, as
in “to brief” one’s senior partner on the bulk transfer See bulk sale.
status of the case before going to court.
burden n. 1 A duty, obligation, or
broker n. A person or entity who, for a responsibility. 2 Something that
commission or a fee, brings together causes anxiety or is grievous or oppres-
buyers and sellers of property or serv- sive. 3 In property law, anything that
ices and, while acting as the agent of encumbers or restrict the use or value of
one or both of the parties, helps them land, such as an easement, restrictive
negotiate contracts. covenant, or zoning ordinance. The bur-
den indefinitely binds the current and all
brokerage n. 1 The business or office future owners until it is extinguished, so
of a broker. 2 A broker’s commission or it is the land, and the landowner, that is
fee. burdened by the encumbrance or restric-
brother n. A traditional term of colle- tion. See estate.
giality (for example, “I respectfully dis- burden of allegation n. The burden on
agree with my brother Smith on the a party seeking to raise an issue at trial
issue of . . . .”), by which lawyers or to make allegations about it in a plead-
judges refer to one another. When refer- ing. Also called burden of pleading or
ring to more than one, the plural, pleading burden.
brethren, is used. However, as more
05_542109 ch02.qxp 3/28/06 12:16 PM Page 58
burden of evidence 58
burden of evidence n. The burden on the burden shifts to the other party to
a party seeking to support a claim or disprove such fact or assertion.
defense at trial to produce sufficient evi-
dence at trial to have the issue merit Burford abstention See abstention.
consideration by the fact-finder. Also burglar n. An individual who commits
called burden of going forward (with burglary.
evidence), burden of introducing evi-
dence, burden of proceeding, burden burglary 1 n. The common-law
of producing evidence, burden of pro- offense of forcibly entering a dwelling at
duction, duty of producing evidence, night to commit a felony therein. 2 v.
and production burden. See also proof Under many modern statutes, the act of
(burden of proof), verdict, dismissal, breaking and entering into any building
nonsuit, and prima facie case. at any time with the intent to commit a
felony (or, in some states, a felony or
burden of going forward (with evi- petit larceny and, in other states, any
dence) See burden of evidence. crime) therein. See also larceny and
burden of introducing evidence See robbery.
burden of evidence. business, course of See ordinary
burden of persuasion n. The burden (ordinary course of business).
on a party at trial to present sufficient business invitee See invitee.
evidence to persuade the fact-finder, by
the applicable standard of proof, of the business judgment rule n. The legal
truth of a fact or assertion and to con- doctrine that a corporation’s officers and
vince the fact-finder to interpret the directors cannot be liable for damages
facts in a way that favors the party. Also to stockholders for a business decision
called persuasion burden or risk of non- that proves unprofitable or harmful to
persuasion. See also proof (burden of the corporation so long as the decision
proof). was within the officers’ or directors’ dis-
cretionary power and was made on an
burden of pleading See burden of informed basis, in good faith without
allegation. any direct conflict of interest, and in the
burden of proceeding See burden of honest and reasonable belief that it was
evidence. in the corporation’s best interest.
59 by-law
and who does so in good faith and poration purchase, the interest or
without knowledge that the sale shares of any withdrawing or deceased
violates another person’s ownership owner or stockholder. See also continu-
rights or security interest in the ation agreement.
goods. Such a buyer will have good
title to the item purchased. See also by-law (also bylaw) n. A rule or
holder in due course. administrative provision adopted by an
ready, willing, and able buyer. A per- association, corporation, or other body,
son who is legally and financially subordinate to the body’s articles of
able and has the disposition to incorporation, charter, or constitution,
make a particular purchase. that regulates the body’s self-govern-
ment and the rights and duties of its offi-
straw buyer. See straw person (or cers and members. See also ordinance.
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 cor-
06_542109 ch03.qxp 3/28/06 12:16 PM Page 60
C
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
C & F n. abbr. Cost and freight. Both example, a court may call in, annul, and
the initials and phrase are used in offers retain possession of a void deed to real
and contracts for the sale of goods to estate that a party used to falsely claim
indicate that the quoted price includes title to someone else’s real property, in
the cost of the freight to a named desti- order to prevent any such claims in the
nation as well as the cost of the goods. future.
See also C.I.F.
canon n. 1 A rule or principle, espe-
calendar n. A list of the civil and crim- cially one that is fundamental. 2 A
inal cases scheduled on a particular day, rule or standard of conduct, in the form
week, or other time period for trial or of a general maxim, adopted by a pro-
some other hearing (such as an arraign- fessional organization to guide the con-
ment, sentencing, or the hearing of duct of its members. See also Model
arguments concerning pretrial motions) Rules of Professional Conduct.
to be conducted before a judge.
capacity n. 1 The function, office,
calendar call n. A courtroom proce- position, or role in which one acts. 2 A
dure in which the judge or a court offi- legal qualification, such as age, that
cer calls out the names of the cases on determines one’s ability to do something
the calendar, is advised by the parties or that has legal consequences (such as
their lawyers whether they are ready to making a contract or getting married).
proceed, and, if they are, sets a date for Also called legal capacity. 3 The men-
trial. In doing so, the judge or court offi- tal ability to perceive, understand, and
cer is said to “call the calendar.” appreciate all relevant facts, to make a
rational decision based thereon, and to
call n. 1 In property law, an identifi- understand the nature and effect of
able natural landmark that serves to one’s actions. See also sane.
delineate the boundary of land. See also
metes and bounds. 2 A demand for criminal capacity. The mental ability
the payment of money or the delivery of required to sufficiently distinguish
a security, such as a bond, by someone right from wrong to hold a person
entitled to make such a demand. See liable for his criminal acts. See also
also puts and calls. insanity and infancy.
61 care
them liable for his criminal acts. bution are owned and controlled mostly
See also insanity. by private individuals and businesses for
profit, thus what is produced and the
testamentary capacity. The mental
ability a person must have at the quantities thereof are determined by con-
time he signs a testamentary docu- sumer demand and competition.
ment, such as a will, for the instru-
ment to be valid. Although it varies capricious adj. 1 Characterized by or
from state to state, it usually resulting from caprice, inconsistency in
requires the person to understand feeling or purpose, a whim, or an unpre-
who are the natural objects of his dictable or impulsive behavior. See also
bounty, the nature and extent of his arbitrary. 2 Contrary to the evidence
property, and the consequences of or law.
executing the document. See also
mind. caption n. 1 The heading of a pleading
that contains the names of the parties
capital 1 n. Money or other assets and court, the case index or docket num-
used or available for the production of ber, and the type of pleading the docu-
wealth. 2 adj. A crime punishable by ment is. 2 The taking or carrying
or involving the death penalty. away of an object. See also larceny, rob-
capital crime. Same as capital bery, and trespass. 3 The arrest or
offense. See offense. seizure of a person pursuant to legal
process.
capital offense. See offense.
care n. 1 Serious attention, concern,
capital punishment. See punish- interest, or regard. 2 In negligence
ment. law, the level of caution and prudence
capital asset. See asset. demanded in the conduct of a person in
a given situation. The appropriate level
capital expenditure. The expenditure is determined by measuring the poten-
of money to purchase, improve, or tial dangers in the particular situation,
repair property that has, or whose the risk that the person’s actions might
improvement has, a useful life that bring the risk to fruition, and the possi-
is substantially longer than the ble ways of minimizing or eliminating
length of the taxable year in which the risk. In some situations, the level of
the purchase, improvement, or
repair is made. Not deductible for care owed is determined by statute. See
income tax purposes, but may be also reasonable man, malpractice, and
subject to depletion or depreciation. negligence.
Also called capital expense.
degree of care. The level of care to be
capital expense. See capital expendi- exercised in a particular situation.
ture.
due care. 1 A phrase used to
capital gain. See gain. describe the level of care that an
ordinarily reasonable, intelligent,
capital gains tax. See tax. and prudent person would use
under the same or similar circum-
capital loss. See loss. stances. For example, “Smith’s fail-
ure to exercise due care before the
capital stock. See stock. accident constitutes negligence.”
Depending upon the seriousness of
capitalism n. An economic system in the particular situation and the
which the means of production and distri-
06_542109 ch03.qxp 3/28/06 12:16 PM Page 62
carjacking 62
63 causation
cause 64
65 certificate of incorporation
certificate of occupancy 66
67 champerty
chancellor 68
chancellor n. 1 Traditionally, the title instructions to the jury and to note any
of the chief judge of a court of chancery. objections the lawyers may have to the
2 Any judge who sits in a court of equity. instructions proposed by the judge. See
charge and jury instruction(s).
chancery (or chancery court) n. 1 The
traditional name for a court of equity. charitable contribution n. A volun-
2 Equity or proceedings administered in tary contribution of money or property
courts of equity. Also called court of to an organization involved in charitable
chancery. activities and without getting or expect-
ing to receive anything of value in return.
change in circumstances n. A modifi- See also charitable organization.
cation, usually substantial, unantici-
pated, and involuntary, in the emotional, charitable deduction See deduction.
financial, or physical condition of one or
both parents, warranting a modification charitable organization n. An organi-
of a child custody or child support order. zation that meets the requirements of
section 501c(3) of the Internal Revenue
change of venue n. The transfer of a Code, operated solely for a religious,
case from a court in one location to a charitable, scientific, literary, educa-
court in another, or from one court to tional, or similar purpose.
another in the same judicial district, for
reasons of fairness or for the conven- charitable trust See trust.
ience of the parties or the witnesses. charter n. 1 A formal document by
See venue. which a sovereign or a government
character evidence See evidence. grants rights, powers, and privileges to
a person, business, or the people.
character witness See witness. 2 The highest law of any organization.
See also articles of incorporation and
charge n. 1 The formal allegation, by-law. 3 The lease or rental of an air-
contained in an indictment, information, plane, bus, ship, or similar mode of
or presentment, that a person commit- transportation.
ted a specific crime. 2 An instruction
to the jury. 3 A claim, debt, encum- corporate charter. 1 A legislative
brance, or lien. 4 An individual or act that establishes a corporation
thing placed in another’s care. (including its purpose and basic
governing structure) or defines a
Allen charge. An instruction given, corporate franchise. 2 See certifi-
generally in a criminal trial, encour- cate of incorporation. 3 See arti-
aging a jury to continue its delibera- cles of incorporation.
tions after reporting a deadlock, on
the basis that considerable expense Great Charter. See Magna Carta.
and time has gone into the trial of
the matter and the jury should make chattel n. Any tangible property that
every effort to come to a resolution. is moveable or transferable. See also
See also jury instruction(s). personal property and real property.
69 child
chattel real. Any interest in real set aside sufficient funds from the
property less than a freehold or a drawer’s or maker’s deposit to guar-
fee (such as an easement). Also antee payment of the check on
called real chattel. demand.
chattel mortgage. A lien on assets NSF check. abbr. Not sufficient funds
other than real estate that secures a check. A check that a drawee bank
loan. may not pay because the drawer
has insufficient funds on deposit to
chattel paper. A writing or writings cover it when it is presented for
that evidence a monetary obligation payment. See also check kiting.
as well as a security interest in or a
lease of specific goods. Generally raised check. A check whose face
used when a consumer buys goods amount has been increased. Unless
on credit by signing a promissory done with the agreement of the
note that promises payment in the drawer or maker, the charge consti-
future as well as grants the seller a tutes a material alteration and dis-
security interest in the goods. See charges the drawer or maker, as
also accommodation paper and well as the drawee bank, from pay-
commercial paper. ing any amount on the check.
certified check. A check with a certi- child n. 1 A person under the age of
fication or notation written upon it majority. See also age. 2 Under the
(for example, the word “certified”), common law, a person who is under 14
indicating that the drawee bank has
06_542109 ch03.qxp 3/28/06 12:16 PM Page 70
child abuse 70
71 circumstance
particular jurisdiction. Because the par- tract for the sale of goods indicating
ties cannot confer jurisdiction upon a that the quoted price includes the com-
court, they must select a court and place bined cost of the goods, insurance, and
that would otherwise have jurisdiction; the freight to a named destination. See
however, since more than one court may also C&F.
have jurisdiction, the parties opt to des-
ignate in advance which one they circuit n. 1 Historically, a judicial dis-
choose. 2 A provision in a contract in trict wherein a judge would travel from
which the parties stipulate that any arbi- town to town to preside over hearings.
tration or conciliation between them 2 A judicial district established in some
arising from the contract shall be held states wherein one or more courts have
before a particular arbitrator or concilia- jurisdiction to hear cases. 3 One of the
tor or group of arbitrators or conciliators twelve judicial districts (along with a
or at a particular place. Also called special nationwide thirteenth circuit) in
forum selection clause. See also choice which the United States is divided for
of law clause. the appellate review of federal trials by
a United States Court of Appeals.
choice of law n. The issue of which
jurisdiction’s law shall apply in an action circumstance n. An act, condition,
that involves events that have occurred event, or fact connected with another
or have an impact in more than one act, condition, event, or fact either as an
jurisdiction. See also conflict of law(s). accessory or as a contributing or deter-
mining element.
choice of law clause n. A provision in
a contract in which the parties stipulate aggravating circumstance. A circum-
that any dispute between them arising stance that increases the culpability
or liability of a person or the meas-
from the contract shall be determined in ure of damages or punishment for a
accordance with the law of a particular crime or tort.
jurisdiction. If the dispute is litigated,
the choice is not binding, but is normally exigent circumstance. 1 An urgent
honored, by the court hearing the law- situation that demands extraordi-
suit. The choice is binding if the dispute nary or immediate action. Such a
is arbitrated. See also choice of forum circumstance often allows for the
clause. circumvention of procedures that
would otherwise be required by law.
churning v. In securities law, the For example, if a car hits a child,
excessive and inappropriate trading of the fact that immediate medical
attention is needed to save the
securities in a customer’s stock invest- child’s life is an exigent circum-
ment account for the purpose of earning stance that excuses the physician’s
the stockbroker more commissions than treatment of the child before
what would have been earned if the parental consent is obtained. 2
stockbroker was concerned only with An urgent situation in which a law
the furtherance of his customer’s inter- enforcement officer who has proba-
ests. This practice is illegal under the ble cause must take immediate
Securities Exchange Act of 1934; how- steps to make an arrest, search, or
ever, there is usually no right of action seizure without a warrant because
for churning. someone’s life or safety is at risk or
because there is an imminent threat
C.I.F. abbr. Cost, insurance, and that a suspect will escape or evi-
freight. Phrase used in an offer or a con- dence will be removed or destroyed.
06_542109 ch03.qxp 3/28/06 12:16 PM Page 72
circumstantial evidence 72
73 C.J.S.
claim 74
75 closing
settle their debits and credits with one legal research and helps with case
another. 3 A place for the exchange of management and the writing of
information concerning a specific topic. opinions.
clearly erroneous n. The standard client n. One to whom a lawyer for-
that an appellate court normally uses to mally renders legal advice, pursuant to
review a trial judge’s findings of fact an oral or written agreement for such
when a civil case that was tried without advice to be given; any individual to
a jury is appealed. The appellate court whom a lawyer provides advice about
may not reverse the decision merely legal matters.
because, based on the facts, it would
have reached a different conclusion. close 1 n. An enclosed place or tract
However, it may reverse the decision if of land. 2 n. The visible boundary
the appellate court determines that the around an enclosed place or tract of
trial court’s decision was clearly erro- land, consisting of a fence, hedge, wall,
neous, even if there is some evidence in or similar structure, or the invisible
the facts to support the decision. See boundary around an unenclosed place or
also abuse of discretion and error. tract of land. The boundary is “broken”
if anyone crosses the boundary without
clear title See title. permission or an invitation from the
land’s owner. See also breach. 3 n.
clemency n. 1 An act of mercy or The legal interest of one who owns a
leniency. 2 The grant by the president particular piece of enclosed or unen-
or by the governor of a state of an closed land. 4 v. To consummate, con-
amnesty, pardon, or reprieve or of a com- clude, or bring to an end, especially a
mutation of a criminal sentence. discussion or negotiation. See also clos-
clerk n. One who keeps records or ing.
accounts, attends to correspondence, or close corporation See corporation.
does other similar duties in an office.
closed session See session.
court clerk. The court official in
charge of some or all of the admin- closed shop See shop.
istrative aspects of the court’s oper-
ations, including the filing, closely held corporation See corpo-
processing, and maintenance of ration.
court records; preparing summons
and other papers that commence a closing n. 1 The final step in the pur-
lawsuit, including endorsement or chase of real property or of an interest
placement of raised seal to signify in real property when a deed or another
that the papers are official docu- instrument of title is conveyed to the
ments of the court; and entering
judgments. buyer, the purchase price or a portion
thereof is paid, and collateral matters,
law clerk. 1 A law student who is such as the exchange or transfer of any
employed as an assistant to a assignments, insurance policies, leases,
lawyer or judge and does legal and mortgages, are finalized. 2 The
research; helps with the writing of termination of the administration of a
briefs, opinions, and other legal doc- decedent’s estate after the estate’s
uments; and performs similar tasks. assets are distributed, taxes and other
2 A lawyer, usually a recent gradu- liabilities are paid, and all the necessary
ate of a law school, who is employed documents have been filed with the
as an assistant to a judge and does court.
06_542109 ch03.qxp 3/28/06 12:16 PM Page 76
closing argument 76
77 collective mark
colloquium 78
79 commission
tion, or administrative rule written by goods and related matters such as the
the drafters of the statute, section, or financing of credit, secured transac-
rule. See also annotation. tions, and negotiable instruments. Most
commercial law in the United States is
comment on evidence n. Statements set out in the Uniform Commercial Code.
made during a trial by a judge or lawyer
regarding his or her own opinion about commercial paper n. A negotiable
the evidence and the credibility of the instrument evidencing a debt to be
witnesses. In many states, judges are unconditionally paid on demand or at a
not permitted to make such statements. specified time and payable to order or to
Furthermore, a prosecutor may not com- the instrument’s bearer; includes such
ment on the defendant’s refusal to tes- instruments as certificates of deposit,
tify in a criminal action. When made, checks, drafts, and notes. The use of
such prohibited statements are some- commercial paper is generally governed
times called an impermissible comment by the Uniform Commercial Code. Also
on the evidence. called paper. See also accommodation
paper and chattel (chattel paper).
commerce n. The exchange of goods,
materials, products, and services or the commercially reasonable See rea-
travel of people. sonable.
foreign commerce. Commerce that commercial unit n. A unit of goods
involves the transport of goods, that is regarded by trade or commercial
materials, products, services, or usage to be a single whole that cannot
people across international bound- be divided without materially diminish-
aries.
ing or harming its character, market
interstate commerce. Commerce that value, or use; for example, a chair is a
involves the transport of goods, commercial unit.
materials, products, services, and
people within the United States but commingling of funds n. The mixing
across state boundaries. by a fiduciary, trustee, or lawyer of the
money or property of a customer or
intrastate commerce. Commerce that client with his own without a detailed
completely takes place within the and exact accounting of which part of
boundaries of a state. the common funds and property belong
to the customer or client.
commerce clause n. The provision in
the United States Constitution that gives commission n. 1 A formal written
Congress the sole power to regulate the document from a government or court
United States’ foreign commerce, inter- empowering the individual named therein
state commerce, and commerce with to hold an appointive office or to perform
Native American tribes. official duties. In the case of an appointive
office, the individual must receive the
commerce power See commerce
commission before she can act in their
clause.
official capacity. 2 See administrative
commercial frustration See frustration. agency. 3 A group of individuals
appointed by a governmental authority to
commercial name See tradename. perform some public service on an ad hoc
basis. 4 The act of committing or
commercial law n. The substantive
law concerning the purchase and sale of
06_542109 ch03.qxp 3/28/06 12:16 PM Page 80
commit 80
81 commutative justice
compact 82
83 complaint
85 conclusion of law
conclusive presumption 86
Jones from holding the seller of the bicy- concurrent condition. A condition
cle liable for the bike’s flat tire. See also precedent that must exist, occur, or
conclusion of fact and findings of fact. be performed at the same time as
another, but separate, condition
conclusive presumption See pre- before a duty or obligation arises.
sumption.
condition precedent. A condition
concur v. 1 To agree, approve, or con- (other than lapse of time) that must
sent to, especially regarding an action exist, occur, or be performed before
a liability or obligation arises.
or opinion. 2 Regarding a decision of a
court or court panel that has more than condition subsequent. A condition
one judge, to agree with the opinion of that, if it occurs or comes into exis-
another judge, but not necessarily for all tence, will extinguish a duty or obli-
the same reasons or for a different rea- gation.
son altogether. See also dissent.
condominium n. An individual resi-
concurrent adj. 1 Existing or occur- dential or commercial unit in a multi-
ring at the same time. 2 Cooperating; unit building wherein each unit’s owner
coordinated; united in purpose, action, also owns the common areas, such as
or application. 3 Simultaneously hav- the hallways and elevators, as a tenant
ing authority or jurisdiction over the in common with the other units’ owners.
same legal action, dispute, or matter. See also cooperative.
condemn v. 1 To expropriate private condonation n. 1 The forgiveness,
property, usually land, for public use. purposeful disregard, or tacit approval
See also appropriation and eminent by a victim of another’s illegal or objec-
domain. 2 To adjudge someone guilty tionable act, especially by treating the
of a crime or to impose sentence, espe- other person as if nothing happened. 2
cially a severe penalty such as death or In family law, an act (especially partici-
life imprisonment. 3 To adjudge some- pation in sexual relations) indicating
thing, often a building, to be illegal, forgiveness by one spouse of the other
unfit for public use, or a hazard to the spouse’s improper conduct (such as
public and order it to be destroyed. adultery) when that wrongful conduct is
a potential ground for divorce. In some
condemnee n. 1 A person or entity
states, condonation is an affirmative
whose property has been condemned or
defense in a divorce action if the act
is about to be expropriated. 2 A per-
asserted as grounds for the divorce is
son or entity who claims an interest in
the act that was condoned, the act was
property that is being expropriated.
not repeated after the condonation, and
condemnor n. A governmental or the spouse who acted wrongfully does
semi-public entity that has condemned, not deny conjugal rights to the other
or has the power to condemn, private spouse. See also connivance.
property.
confession n. An admission that one
condition n. 1 A prerequisite or stipu- has committed a crime or any other incrim-
lation in an instrument. 2 A future and inating statement made by a person.
uncertain event, fact, or circumstance coerced confession. A confession
whose existence or occurrence is neces- induced by the police or other law
sary for the existence or determining the enforcement officers’ use of threats
extent of an obligation or liability. See or force.
also estate and fee simple.
06_542109 ch03.qxp 3/28/06 12:16 PM Page 87
87 conflict of interest
conflict of law(s) 88
89 consequential damages
conservator 90
91 constant search
constitution 92
that the consent was freely given, with constitutional question n. An issue
no threats having been brought to bear. whose resolution requires the interpre-
tation of a constitution rather than that
constitution n. 1 The fundamental of a statute.
and organic laws and principles of a
country or state that create a system of constitutional right n. A liberty or
government and provides a basis right whose protection from governmen-
against which the validity of all other tal interference is guaranteed by a con-
laws is determined. 2 The fundamen- stitution. See also bill of attainder,
tal rules governing an association. contracts clause, due process, equal
protection, ex post facto law, freedom
Constitution. The Constitution of the of contract, overbreadth, search, and
United States, written in 1787 and self-incrimination (privilege against).
put into effect in 1789.
unwritten constitution. The body of construction n. The process of inter-
fundamental and organic laws and preting, or the interpretation of, a con-
principles contained in a series of stitution, statute, or instrument. See
statutes, court decisions, govern- also legislative history and intent.
mental proclamations, and tradition
that has been accepted as such by canon of construction. Any of the
the government and people (often general principles that courts apply
over generations or centuries). For to construe a statute or instrument
example, the United Kingdom has whose meaning is in dispute.
an unwritten constitution that liberal construction. The interpreta-
includes the Magna Carta (written tion of a constitutional or statutory
in 1215), the Bill of Rights of 1689, provision that applies the original
and other documents and tradition. intent, purpose, and spirit of the
written constitution. A single written writing to circumstances that are
not specifically addressed by the
document that embodies all the fun- constitution or statute. Also called
damental and organic laws and broad interpretation.
principals of a country or state. For
example, the United States has a strict construction. The interpreta-
written constitution. tion of a constitutional or statutory
provision that applies only the lit-
constitutional adj. Consistent with, eral words of the writing to circum-
pertaining to, or mandated by the con- stances that are not specifically
stitution of a country or state. See also addressed by the constitution or
unconstitutional. statute. Also call narrow construc-
constitutional issue See constitu- tion.
tional question. constructive Something that, while
constitutional law n. The body or not actually true, is imputed by the law
branch of law concerned with the study, to exist or to have occurred and treated
interpretation, and application of a as if it were actually so. For example, to
country or state’s constitution, including say “I’m giving you my car” and to turn
the issues of governance, the powers of over the car keys would probably be con-
the branches and levels of government, sidered a constructive delivery of the
civil liberties, and civil rights. vehicle itself. See also legal fiction,
actual, apparent, and impute.
06_542109 ch03.qxp 3/28/06 12:16 PM Page 93
93 content-based restriction
content discrimination 94
95 contract
contract 96
plus a fixed fee or a percentage of the driver to pay for the gasoline,
the profits. Frequently used in even if nothing is said between the
transactions with the government. driver and the attendant. Also
called contract implied in fact. See
divisible contract. See severable con- also implied-in-law contract.
tract.
implied-in-law contract. A contrac-
executed contract. 1 A contract in tual obligation imposed by the law
which all the promises owed by the because of the parties’ conduct or a
parties have been performed and all special relationship between them
the obligations have been dis- or to prevent unjust enrichment.
charged. See also executory contract. For example, when someone
2 A signed contract. receives and uses goods that were
intended for another, the law will
executory contract. A contract in impose an obligation on the recipi-
which all or a portion of the prom- ent of the goods to pay for them.
ised contained therein have not yet The obligation is imposed even if
been performed. See also executed there is opposition or no assent
contract. from the party whom the obligation
express contract. A contract whose is being imposed upon. Also called
terms have been clearly expressed contract implied in law and quasi
in words, whether spoken or in writ- contract. See also implied-in-fact con-
ing, between the parties. See also tract.
oral contract, written contract, and installment contract. 1 A contract in
implied contract. which the obligations of one or
freedom of contract. See freedom of more parties (for example, the
contract. delivery of goods, performance of
services, or payment of money) is
illusory contract. A contract in which authorized or required to be com-
the only consideration given by one pleted in a series of increments over
party is an illusory promise. For a period of time. 2 Under the
example, “For $500, I will provide Uniform Commercial Code, a con-
housekeeping services whenever I tract that authorizes or requires the
am available for the next year.” delivery of goods in separate lots
Traditionally, such a contract was that will each be separately
unenforceable, but in modern court accepted. A severable contract;
decisions, a duty to act in good faith each delivery is, in reality, an inde-
is often read into the promise and pendent contract.
the contract is enforced accordingly.
integrated contract. One or more doc-
implied contract. 1 See implied-in-fact uments expressing one or more
contract. 2 See implied-in-law con- terms of a contract in its final form.
tract. See also express contract. See also completely integrated con-
tract, partially integrated contract,
implied-in-fact contract. A contract and integration.
based on the tacit understanding or
an assumption of the parties and oral contract. An express contract
evidenced by the parties’ conduct. that is not in writing or has not yet
For example, if a person drives her been signed by the parties who will
vehicle to a service station and be obligated to do or not do some-
opens the gasoline tank so that the thing under its terms. See also writ-
service attendant can fill it, there is ten contract.
an implied promise on the part of
06_542109 ch03.qxp 3/28/06 12:16 PM Page 97
97 contract
contract, freedom of 98
99 copy
copyright 100
101 corporation
corpus 102
corpus delicti rule n. The legal princi- cost and freight See C & F.
ple that the prosecution cannot prove
that a crime has been committed from cost basis See basis.
the defendant’s confession alone, but cost, insurance, and freight See
that the prosecution must prove that C.I.F.
corroborating evidence exists that the
crime that the defendant has confessed cost of completion n. A measure of
to did actually occur. damages in a breach of contract action
representing the expense incurred by
corpus juris n. Latin. Body of law. The the nonbreaching party to complete the
law in general, especially when com- breaching party’s promised performance
piled, codified, and published in a single or to have the performance finished by a
text or in a series consisting of a collec- third party. See also damages and spe-
tion of individual laws. Abbreviated C.J. cific performance.
Corpus Juris Secundum n. An author- cost-plus contract See contract.
itative legal encyclopedia that provides
general background knowledge of the
law with footnoted citation to relevant
case law. Abbreviated C.J.S.
06_542109 ch03.qxp 3/28/06 12:16 PM Page 103
103 count
costs n. The filing fees, jury fees, class action, the lawyer or law firm
court reporter fees, and other expenses, that controls, coordinates, or man-
excluding attorneys’ fees, incurred in ages the litigation and represents
the prosecution of or defense against a the interests of the parties or class
civil suit. When allowed by statute, a as a whole.
court may order the losing party in a local counsel. A lawyer licensed to
civil action to reimburse the successful practice law in a particular jurisdic-
party for his or her costs. Also called tion or before a particular court who
court costs. See also bill of costs. assists a lawyer who is not
licensed, but who has been given
counsel n. One or more lawyers who permission to provide advice and
provide advice to or represent a particu- represent a client in an action in
lar client. In the singular, also called a that jurisdiction or before that
counselor. See also attorney. court, with matters regarding the
application and interpretation of the
assigned counsel. A lawyer appointed local laws as well as with the local
by a court to represent at the gov- court customs, practices, and rules.
ernment’s expense a criminal defen-
dant who cannot afford to retain his of counsel. 1 A lawyer who assists
or her own lawyer. the attorney of record in a trial or
appeal with the preparation, man-
counsel of record. Same as attorney agement, or presentation of a case.
of record. See attorney. 2 A lawyer who is connected to a
law firm, such as a retired partner
general counsel. A lawyer or law firm who regularly provides advice, but
that provides most or all of the legal who is not an associate, member, or
advice and representation utilized partner of the firm.
by a client, especially by one that is
a corporation or engages in busi- special counsel. A lawyer brought in
ness activities. to assist another lawyer or a law
independent counsel. 1 A lawyer or firm in a matter requiring their spe-
law firm retained to provide advice or cial experience, knowledge, or
representation on a particular matter skills or to serve as independent
when it would be a conflict of inter- counsel.
est for the client’s regular lawyers to
do so. 2 A lawyer retained to con- counselor See counsel.
duct an unbiased investigation, espe-
cially one retained by a governmental count n. 1 In a civil action, the state-
body to investigate employees or offi- ment of a distinct cause of action in a
cers of that body for alleged miscon- complaint or similar pleading. 2 In a
duct. See also prosecutor. criminal action, the distinct allegation in
an indictment or information that the
in-house counsel. One or more defendant committed a crime.
lawyers who are employees of a
business and provide legal advice multiple counts. Two or more distinct
and representation only for that causes of action or allegations that
business. the defendant committed an offense
contained in a complaint, indictment,
lead counsel. When more than one information, or similar pleading.
lawyer or law firm is hired to repre-
sent a party or parties in an action, separate count. Any of the individual
especially in an action involving causes of action or allegations that
more than one jurisdiction, or to the defendant committed an offense
represent various plaintiffs in a
06_542109 ch03.qxp 3/28/06 12:16 PM Page 104
counterclaim 104
105 court
court 106
107 court
court 108
ceeding and from which, if requested enforceable for the duration of the
(and usually for a fee), a transcript can business relationship between the
be prepared. parties, but not afterward except for
the period of time, scope, and terri-
court reports See advance sheets, torial limits that are deemed rea-
reports, and slip opinion. sonable by a court in light of the
adequacy of consideration given in
court rules n. A regulation, often hav- exchange for the covenant, the
ing the force of law, governing the pro- hardship that the enforcement of
cedures of a court and how various the covenant or lack thereof would
matters pending before court are han- impose upon the parties, and the
need of the party seeking to enforce
dled and processed. Also called local the covenant to protect trade
rules and rules of the court. secrets and the like. Sometimes
also called restrictive covenant.
covenant n. 1 A written and legally
enforceable agreement or promise that covenant not to sue. In a settlement
is often a part of a contract or deed, of a claim, dispute, or lawsuit, a
especially one to maintain the status quo promise not to assert or pursue in
of something or to do or not do some- court a right of action arising from
thing during the term of the covenant. the subject of the claim, dispute, or
2 An implied promise that is incidental lawsuit.
to a contract or deed. 3 A warranty, covenant of further assurance. A
especially one made in connection with covenant of title whereby the
the sale or transfer of land. 4 Same as grantor promises to do whatever is
contract under seal; see contract. 5 reasonably necessary to give the
An action under the common law to grantee full title if the title con-
recover damages for the breach of a con- veyed in the deed later proves to be
tract under seal. See also assumpsit. imperfect.
111 credit
creditor 112
repay the loan or to pay for the goods common-law crime. An offense that
and services in the future. 4 n. A was a crime under the common law.
reduction in an amount owed or an addi- Nearly all crimes, including offenses
tion to one’s net worth or revenue. 5 v. that were common-law crimes, are
A form of security offered to a seller that now defined by statute and are,
thus, statutory crimes. Also, most
provides for payment by a bank or finan- states no longer recognize common-
cial institution upon certain conditions law crimes.
being met, including delivery of goods
within specified time and whatever computer crime. A crime, such as
other conditions are applicable to the committing fraud over the Internet,
transaction. See also letter of credit. that requires the knowledge or uti-
lization of computer technology.
creditor n. One to whom money is Also called cybercrime.
owed or who gives credit to another. See
crime against nature. One of the
also debtor. three sexual acts (oral sex and anal
account creditor. One to whom the sex, whether with a person of the
balance of an account is owed. See opposite or same sex, and sex with
also debtor. animals) that were considered
crimes under the common law and
judgment creditor. One who has the that, in some cases, are currently a
legal right to collect a specific sum statutory crime. Also called unnatu-
because of a judgment entered in ral act. See also bestiality and
his or her favor in a civil action. See sodomy.
also levy, writ, and debtor.
crime of passion. A crime committed
secured creditor. A creditor who has in a moment of sudden or extreme
been given or pledged collateral to anger or other emotional distur-
protect against loss if the debtor bance sufficient enough for a rea-
fails to fully pay the debt owed. sonable person to lose control and
not reflect on what he or she is
unsecured creditor. A creditor who is doing.
not a secured creditor.
crime of violence. See violent crime.
creditor beneficiary See beneficiary.
cybercrime. See computer crime.
creditor’s bill (or suit) n. A proceed- hate crime. A crime motivated
ing in equity in which a judgment credi- mostly by bias, ill will, or hatred
tor seeks to discover and have delivered toward the victim’s actual or per-
to him property that cannot be reached ceived race, color, ethnicity, country
by the process available at law to of national origin, religion, or sex-
enforce a judgment. ual orientation. Many states impose
extra penalties if a crime is commit-
crime n. An act or omission that ted due to such motivation. Also
violates the law and is punishable by a called bias crime. See also freedom
sentence of incarceration. See also of speech.
felony, misdemeanor, offense, and vio-
high crime. A crime whose commis-
lation. sion offends the public’s morality.
anticipatory crime. See inchoate inchoate crime. One of the three
crime. crimes (attempt, conspiracy, solici-
bias crime. See hate crime. tation) that are steps toward the
06_542109 ch03.qxp 3/28/06 12:16 PM Page 113
113 criminalist
criminality 114
115 cybersquatting
curtilage n. The land immediately sur- although the minor still primarily
rounding a dwelling, such as a yard and resides (usually) with only one of
outbuildings, where some of the regular the parents.
activity of the occupant’s home life takes
place, where the occupant has a reason- sole custody. An arrangement
able expectation of privacy, and that is ordered by a court or agreed upon
usually demarcated, fenced off, or other- by the divorced or separated par-
wise clearly protected from public ents of a minor by which only one
scrutiny. Such land is regarded as a part parent makes all the decisions and
of the dwelling itself and is protected has all the authority and responsi-
from warrantless searches under the bilities concerning the care and
Fourth Amendment to the United States upbringing of his or her child, to the
Constitution. Also called open fields exclusion of the other parent.
doctrine or messuage. custom n. A practice, particularly in
custodial interrogation See interro- business, that is so old and universal
gation. that it has obtained the force of law.
custom and usage. See usage of
custody n. 1 The immediate control, trade.
guarding, or keeping of a thing for its
care, inspection, preservation, or secu- customs n. 1 Taxes imposed on
rity. 2 Any significant restraint or con- imports and exports; the United States
trol over a person’s freedom to ensure Constitution prohibits Congress from
his or her presence at a hearing or trial imposing taxes on goods exported from
in a criminal action. 3 The restraint a state. Also called duties. 2 The
and control over a person who is incar- agency or procedure for collecting such
cerated following that person’s convic- taxes, or the place where they are col-
tion of an offense. lected.
child custody. The physical control cybercrime Same as computer crime.
over a minor awarded by a court to See crime.
a parent in a divorce or separation
proceeding or in a similar action cyberfraud Same as computer fraud.
between the unmarried parents of See fraud.
the child. Such control usually
includes the right to have the child cyberlaw n. The area of law dealing
live with the parent who is awarded with the use of computers and the
custody, the right to determine the Internet and the exchange of communi-
upbringing of the child (including
the care, discipline, education, reli- cations and information thereon, includ-
gion, and residence of the child), the ing related issues concerning such
right to make all legal decisions communications and information as the
concerning the child, and the duty protection of intellectual property
to care for and maintain the child. rights, freedom of speech, and public
See also visitation rights. access to information.
joint custody. An arrangement cyberpiracy See cybersquatting.
ordered by a court or agreed upon
by the divorced or separated par- cybersquatting n. The registering of a
ents of a minor by which the parents domain name on the Internet in the hope
share all authority, decisions, and of selling or licensing it at a profit to a
responsibilities concerning the care person or entity who wishes to use it. If
and upbringing of their child,
06_542109 ch03.qxp 3/28/06 12:16 PM Page 116
cyberstalking 116
the domain name is identical or confus- cy pres n. French. As near as. The
ingly similar to a trademark used by that equitable doctrine that a deed or will
person or entity, the owner of the trade- whose terms cannot be carried out may
mark has a cause of action against who- be modified by a court so that the intent
ever registered and is holding on to the of the instrument’s maker can be ful-
name. Also called cyberpiracy, domain filled as closely as possible.
name grabbing, and domain name
piracy.
cyberstalking v. 1 Using the Internet,
through chat rooms and e-mail, to find,
identify, and arrange to meet a person
whom one intends to criminally victim-
ize. 2 Sending multiple e-mails, often
on a systematic basis, to annoy, embar-
rass, intimidate, or threaten a person or
to make the person fearful that she or a
member of her family or household will
be harmed. Also called e-mail harass-
ment.
07_542109 ch04.qxp 3/28/06 12:16 PM Page 117
D
speculative damages. Damages
claimed for possible future harm.
These are considered uncertain or
impossible to prove and generally
are not awarded.
treble damages. A tripling of the
actual damages, generally awarded
pursuant to a law or statute;
intended to deter bad conduct.
damnify v. To harm by causing loss or
damage.
dangerous weapon See weapon.
damages n. pl. Financial compensa-
tion demanded by, or directed by a court date rape n. The rape of an individual
to be paid to, a claimant as compensa- with whom the perpetrator is
tion for a financial loss or injury to per- acquainted, typically during a social
son or property. engagement. See also rape.
actual or compensatory damages. d/b/a abbr. Doing business as, identi-
Damages intended to compensate fying an individual’s trade name; for
for a quantifiable loss. example, John James d/b/a James
Productions.
consequential damages. Damages
resulting indirectly from the act dead man’s statute n. An evidentiary
complained of. rule at trial that excludes statements
incidental damages. Under the made by a deceased person if offered in
Uniform Commercial Code, support of a claim against the
expenses reasonably incurred by deceased’s estate.
either party to a transaction in car-
ing for goods after the other party’s death n. The end of life, when physi-
breach of the contract. cal functions and vital signs stop.
liquidated damages. A contractually brain death. An irreversible end to
agreed upon amount to be paid in the functioning of the brain. Often
the event of a breach of the con- used as the legal definition of death.
tract, in lieu of performance or
quantification of actual damages death certificate n. An official docu-
sustained. ment setting forth particulars relating to
a dead person, including name, date of
nominal damages. A small or birth and death, and cause of death, usu-
insignificant amount of money ally certified to by a doctor as to the
awarded by a court or jury to
demonstrate that a defendant is at cause of death.
fault, but that the injury sustained death penalty n. The court- ordered
was minor or non-existent.
imposition of a sentence of execution as
punitive damages. Damages awarded punishment for a crime. See also pun-
by a court or jury, typically in addi- ishment (capital punishment).
tion to actual damages, when the
party against whom the award is death warrant n. A warrant signed by
made is deemed to have behaved an appropriate official, such as the gov-
egregiously; for example, with par- ernor of a state, directing that a sen-
ticular recklessness or malice. tence of execution be carried out.
07_542109 ch04.qxp 3/28/06 12:16 PM Page 118
debenture 118
119 defeasance
defeasible 120
121 deny
dehors the trial record or the pages of a to actual delivery, which is complete
written agreement. upon transfer of property, or condi-
tional delivery, in which property is
del credere adj. Italian. Of belief or delivered but ownership is subject to
trust. Used in connection with agents further action, e.g., payment.
who guarantee the good faith or finan-
cial capability of the persons or entities demand 1 n. A claim for money or
on whose behalf they act. See also other relief or the assertion of a legal
agent. right. 2 v. To claim money or other
relief, or assert a legal right.
delegable duty n. A responsibility
that can be delegated to another to per- demise n. The conveyance of an inter-
form. See also duty. est in real property for a specified time
period by will or lease; the death of a
delegate 1 n. One who acts on behalf person or cessation of a corporate entity.
of one or more others in an official
capacity. 2 v. The act of granting demonstrative evidence n. See evi-
another the power to act on one’s behalf. dence.
dependent 122
123 dictum
digest 124
125 dismissal
district court n. A court in the state legal fiction that the marriage never
or federal system, typically the lowest existed (with the result that any
level trial court serving a particular geo- children of the marriage are then
graphical area. See also district. considered illegitimate).
doctrine 128
duress 130
E
negative easement. An easement that
prohibits the property owner from
performing some action.
prescriptive easement. An easement
gained by the uninterrupted occupa-
tion of a another person’s land for a
statutory period, often equal to that
required for adverse possession.
economic duress n. An act of duress
involving a threat of financial harm.
effective assistance of counsel n.
Diligent, competent legal representation
earned income n. Income received as in a criminal case that meets the mini-
payment for labor or services per- mum standards of due care expected of
formed. an attorney. Failure to receive effective
earnest money n. A down payment, assistance of counsel is a common basis
typically for real estate, that demon- for appeal in serious criminal matters,
strates the prospective purchaser’s particularly death penalty cases.
intent to proceed with the transaction. effective date n. The date as of which
easement n. A right of use of a contract or other instrument, or a law,
another’s land for a particular purpose; enters into force.
for example, an easement permitting a e.g. abbr. From the Latin term exempli
person to cross another’s land to fish in gratia, meaning for example.
a pond located there, or use of a com-
mon driveway. eggshell skull n. A principle of tort
law for which a tortfeasor is responsi-
affirmative easement. An easement
that grants another the right to per- ble, even for the unforeseeable results of
form certain related actions on the his or her wrongful act; the term derives
property. from a case in which a light blow to the
head killed an individual, thereby sub-
easement appurtenant. An easement jecting the hitter to liability, even
that benefits another property; for though one would not have expected
example, a right to pass across land serious injury or death from the force of
to reach a neighboring tract. the blow.
easement by necessity. A statutory or
natural encumbrance that occurs in eject v. To remove from premises; to
situations such as its being neces- push out or cast off.
sary to cross another’s land in order
to gain access to water or to a road. ejectment n. The removal of a tenant
or owner from property he or she occu-
easement in gross. An easement that pies; a legal action by which a person
benefits an individual who does not removed from property seeks to recover
necessarily own any adjoining land; it.
for example, an easement permit-
ting someone to hunt or fish on the ejusdem generis n. Latin. Of the
property. same category. A legal principle stating
that a general phrase following a list of
implied easement n An easement
imposed by law where it is clear specific items refers to an item of the
that the parties to a transaction same type as those in the list.
intended an easement to exist, even
if not specifically stated.
08_542109 ch05.qxp 3/28/06 12:17 PM Page 132
133 entry
euthanasia 136
137 executive
139 eyewitness
F
tion along with that of making determi-
nations of law.
fact-finding n. The process of acting
as the fact-finder.
factor n. One who buys accounts
receivable for an amount less than their
face value and collects the full amount,
pocketing the difference as his or her
commission; one who sells goods
received on consignment.
factum n. From Latin, meaning a fact
face n. The front part of a document or an action.
or thing, or the part with writing on it; fail v. To break; not to succeed in
the appearance or tendency of a thing, reaching a standard or goal; to perform
for example, the face of the evidence. ineptly or faultily; to become bankrupt.
facilitation v. Criminal law, the act of failure of consideration n. The doc-
assisting another to commit a crime by trine that a contract is unenforceable
making it easier. where there is no reciprocity of benefits,
fact n. Something that exists or has because one party has given nothing in
happened; an irreducible element of real return for what he or she has received;
existence or occurrence. the circumstances under which a con-
tract becomes unenforceable for such a
collateral fact. A fact that is not lack of reciprocity.
central to the main issue or contro-
versy. failure of issue n. In trusts and estate
law, that a decedent had no children to
evidentiary fact. A fact that tends to inherit his or her estate.
prove, or is a necessary prerequi-
site for the proof of, another fact. faint pleader n. A dishonest manner
of filing a legal pleading, typically
jurisdictional fact. Such a fact as
must exist before a court will exer- involving fraud or conspiracy among the
cise jurisdiction over a matter; for parties.
example, in a diversity case in fed-
eral court, that the parties are citi- fair adj. Neutral; balanced; just;
zens of different states and that the reasonable.
amount in controversy is above a
threshold level. fair comment n. A defense to a
charge of defamation, that the state-
probative fact. See evidentiary fact. ments were based on sincere opinion
about a matter of public interest.
ultimate fact. An essential fact,
arrived at by inference from the evi- fair hearing n. A court or administra-
dence and testimony, that causes tive hearing conducted so as to accord
the final determination or conclu- each party the due process rights
sion of law. required by applicable law.
fact-finder n. The person or persons fair market value n. Market value,
in a particular trial or proceeding with the price that can be had for property in
responsibility for determining the facts. a reasonable commercial marketplace;
The jury typically acts as the fact-finder in corporate law, the intrinsic value of
in any case where there is one; other- shares of stock, for purposes of deter-
wise, the judge will perform that func- mining a buy-out price.
09_542109 ch06.qxp 3/28/06 12:17 PM Page 141
federalism 142
143 foreclosure
finder’s fee n. The fee paid to a finder deadly force. Force used which is
for his services in bringing about the known or expected, or should be
expected to cause death.
transaction.
in force. Legal validity, as with a law
findings of fact n. The conclusions of
or regulation that is “in force.”
a judge, jury, or administrative tribunal
regarding the underlying facts of the force majeure n. French. Greater
case under consideration. force; a natural or human-induced disas-
ter that causes a contract to fail of per-
fine n. An amount of money paid as a
formance.
penalty for a criminal or civil infraction.
forcible detainer See eviction.
fine print n. Colloquial. Of a contract,
referring to matter within it that is forcible entry. n. The taking of or
obscurely phrased and generally adver- entry onto property using unlawful or
sarial to the less powerful party’s inter- illegal force, or any entry done without
ests, such as disclaimers of liability or consent of occupier or owner.
penalties for late payment or perform-
ance. Derived from the custom of print- foreclosure n. An action brought by
ing the parts of standard form contracts the holder of a security interest in prop-
that contain such matter, in tiny, hard- erty to terminate the owner’s interest in
to-read print. order to take possession of, or to sell the
property, in satisfaction of the secured
first-degree murder See murder. debt.
first offender n. An individual never
previously convicted of a crime.
09_542109 ch06.qxp 3/28/06 12:17 PM Page 144
foreign 144
145 frolic
G
generally accepted accounting princi-
ples n. Standards adopted by the
accounting profession for the form and
content of financial statements.
Abbreviated as GAAP.
generally accepted auditing standards
n. Standards adopted by the accounting
profession governing the audit of corpo-
rations and organizations. Abbreviated
as GAAS.
generation-skipping transfer n. A
grant of assets to a grandchild or other
GAAP See generally accepted grantee who is more than one genera-
accounting principles. tion removed from the grantor.
gain n. The profit on a sale (the selling generic adj. In trademark law, a term
price minus costs). or phrase that is merely descriptive and
cannot be trademarked; with pharmaceu-
capital gain. In tax law, the taxable ticals or other products, a non-trade-
profit realized from the sale or marked equivalent offered in competition
exchange of real property, stock, or against a brand-name product.
other capital property.
generic-drug law n. A law allowing
garnish v. To seize a debtor’s prop-
pharmacists to offer customers less
erty, held by a third party, in order to
expensive generic drugs when filling
recover a debt; commonly against
prescriptions for a brand-name drug.
debtor’s earnings from an employer.
generic name n. A word or phrase
garnishee n. An individual or entity in
that cannot be trademarked because it is
possession of a debtor’s property or
only descriptive of a product or service.
monies that a creditor seeks to garnish.
genetic mother n. The mother who
garnishment n. In litigation, a judi-
provided the egg from which an embryo
cial process in which a creditor seeks
developed and, therefore, contributed to
the seizure of a debtor’s property, held in
the genetic makeup of the ensuing child.
possession by a third party.
gentlemen’s agreement n. Colloquial.
garnishor n. A creditor who brings an
An unwritten agreement, not enforce-
action of garnishment.
able by law but backed by the parties’
GATT See General Agreement on good faith.
Tariffs and Trade.
germane adj. Pertaining to the sub-
General Agreement on Tariffs and ject matter at hand.
Trade n. An international agreement
gerrymandering v. Apportioning leg-
governing imports and exports; prede-
islative districts in a way calculated to
cessor to the World Trade Organization.
give an undue advantage to a political
10_542109 ch07.qxp 3/28/06 12:17 PM Page 148
gift 148
may continue to do so, despite a change in ance due from the defaulting party. 2
the applicable law or rules denying that v. To promise to make good in the event
status to anyone newly applying for it. of a default by a party to a contract by
paying the money or providing the per-
grant 1 n. A transaction in which a formance due from the defaulting party.
grantor transfers a subset of his or her
own rights in property; the rights so guarantor n. One who makes a guar-
transferred. 2 v. To transfer rights in antee.
real or personal property; in litigation,
accession by the court to a party’s guaranty See guarantee.
request made by motion or pleading.
guardian n. An individual designated
grantee n. The recipient of a grant. by law to care for another’s person and
property because of the former’s incompe-
granting clause n. The section of a tence to make his or her own decisions.
contract that sets forth the terms of a
grant. guardian ad litem n. Representative
appointed by a court to protect and rep-
grantor n. The individual or entity resent the interests of one incapable of
making a grant. acting on own behalf, such as child or
incompetent person.
grantor trust n. A trust whose maker
retains control over the management of guest statute n. A law that bars, or
the trust assets and the distribution of strictly limits, a nonpaying guest in a
its income. private vehicle from suing the driver for
damages resulting from an accident;
gravamen n. The substance or core such laws vary from state to state and
argument of a legal document or posi- are now rare.
tion taken.
guilt phase n. In a criminal trial, the
green card n. An identification card portion of the trial in which the defen-
granted by the United States Immigration dant’s guilt is adjudicated, as opposed to
and Naturalization Service to legal, per- the portion in which a sentence is deter-
manent residents. mined for a defendant who was found
greenmail n. The act of purchasing guilty in the prior phase (the sentencing
shares in a publicly traded company that phase).
could be used to support a hostile guilty n. The state of being deemed
takeover, and then selling them back to responsible for the commission of a
the company at a profit. crime, either as a result of a plea or the
grievance n. In labor law, a complaint adjudication of a judge or jury.
filed with or by a union to challenge an gun-control law n. A statute regulat-
employer’s treatment of one or more ing the private ownership of firearms.
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 pay-
ing the money or providing the perform-
11_542109 ch08.qxp 3/28/06 12:17 PM Page 150
H
hard labor n. Physical work imposed
on prisoners as an aspect of punishment.
hardship n. The difficulty or distress
resulting to an individual or entity from
a court decision, zoning decision, or pas-
sage of a law; taken into account as one
factor in an equity proceeding.
harmless error n. A mistake by the
judge that does not interfere with a
party’s rights or remedies and that,
therefore, does not warrant reversal of
the decision.
habeas corpus n. In criminal proce-
dure, a process to challenge the deten- hate crime See crime.
tion of a prisoner; frequently used as a hate speech n. Speech not protected
way to attack a conviction in federal by the First Amendment, because it is
court when state appeals have been intended to foster hatred against indi-
exhausted. viduals or groups based on race, reli-
habendum clause n. In real estate, gion, gender, sexual preference, place of
the language in a deed setting forth the national origin, or other improper classi-
interest being granted and any limita- fication.
tions upon it. headnote n. A note prepared by an
habitability n. In real estate, the con- editor and placed in front of the pub-
dition of being amenable for occupancy; lished version of a court decision, ana-
the absence of conditions that would lyzing or summarizing the facts,
interfere significantly with a tenant’s precedents, and legal impact of the deci-
ability to occupy the premises. sion.
151 homicide
are certain indicia of reliability. See also holder in due course n. Under the
excited utterance. Uniform Commercial Code, one who has
given value in exchange for the posses-
heat of passion adj. characterization sion of a negotiable instrument and is
of acts done while actor is in state of unaware of any defects in title.
extreme stress or explosive anger. See
also voluntary manslaughter. hold harmless v. To indemnify another
against financial liability arising from a
heir n. Colloquially used to refer to transaction.
anyone who inherits under a will or oth-
erwise. holding n. The decision of a court or
judge; the reasoning underlying such a
collateral heir. A descendant through decision.
an indirect line, such as the issue of
a sibling or cousin. See also issue. holding company See company.
heirs and assigns. Archaic. A phrase holding period n. The period for
formerly necessary for the creation which an asset must be held to be enti-
of a fee simple. tled to the more favorable capital-gains
lineal heir. An heir who is above or tax rate.
below the decedent in the direct line holdover n. The act of staying beyond
of descent, such as a parent or the end of a lease.
child.
holograph n. A handwritten docu-
hereditary succession n. Inheritance ment.
pursuant to the common-law doctrines
of succession. holographic will n. A will set forth
completely in handwriting; many states
hidden defect n. A defect not discov- do not recognize such documents as
erable by a reasonable inspection by the valid, while others recognize the validity
purchaser. only if the entire instrument is written
hidden tax n. A tax on goods that is in the handwriting of the deceased.
passed to the consumer in the form of home rule n. The allocation of power
higher prices. to local governments over matters that
hijack v. To take over control of a might otherwise be regulated at the
vehicle or airplane by use of the threat of state level.
force. homestead n. Houses, other build-
hit-and-run statute n. A state law ings, and land comprising a residence.
requiring a car involved in an accident homicide n. The killing of a human
not to leave the scene, pending the being, committed by another.
arrival of the authorities.
justifiable homicide. The killing of a
HLA test n. abbr. A paternity test uti- human excused by the law as appro-
lizing genetic material. priate or necessary; for example, in
self-defense.
holder n. An individual or entity that
has ownership or legal possession of a negligent homicide. The killing of
negotiable instrument, security, or other another by an act of irresponsibility
document of title. or lack of attention to duty, rather
than by intentional act.
11_542109 ch08.qxp 3/28/06 12:17 PM Page 152
impeachment 154
155 indecency
inchoate adj. Commenced but not legal capacity to understand the charges
completed, partially done, generally against one and to participate in one’s
used in contract law to describe an own trial.
undertaking which has been agreed
upon, but as to which all necessary for- incompetent adj. 1 Of evidence, that
malities (for example, signatures on the it is not admissible. 2 Of a witness,
document) have not been completed. that he or she is not permitted to testify,
on the grounds that his or her testimony
income n. Money received for services is not relevant or is subject to some
performed, products sold, as interest on other disqualification.
investments, as royalties on inventions
or creative works, or generally in incompetent evidence n. Evidence
exchange for some performance or con- that is not admissible.
sideration.
inconsistent adj. Of an assertion, that
adjusted gross income. Gross income is contradictory or not supported.
minus deductions permitted by the
Internal Revenue Code. incorporate v. 1 To form a business
corporation. 2 To include or merge
gross income. Income prior to any something into something else.
exemptions, exclusions, or deduc-
tions. incorporation n. 1 The process of
forming a business corporation. 2 The
imputed income. The doctrine that, doctrine that the Bill of Rights is applied
under certain circumstances, a tax-
payer realizes taxable income as a to the states by inclusion in the
result of the use or consumption of Fourteenth Amendment right of due
his or her own property. process.
indecent 156
157 injunction
injury 158
159 interest
J
joint account n. A bank account in
the name of two or more individuals,
each of whom has an undivided right to
the entire balance.
joint and several liability n.
Responsibility for a loss that is borne
both individually and collectively by a
group of defendants.
joint custody See custody.
joint enterprise n. 1 In criminal law,
a conspiracy or cooperation of two or
J. n. abbr. Judge or justice. more individuals to commit a crime. 2
In tort law, a business enterprise con-
jail n. A confinement facility whose ducted by several individuals, who each
inmates are individuals awaiting trial or share in the liability arising from their
convicted of lesser offenses. activities.
163 judgment
being compelled to name confidential owes money but do not have judg-
sources in court proceedings. ments. Judgment creditors may be
entitled to preferential distribution
joyriding n. The temporary appropria- of a debtor’s money if there are insuf-
tion of another’s vehicle for use, typi- ficient assets to pay all creditors.
cally without the intention of selling or
destroying it. judgment debtor. A debtor who owes
money to a creditor who has
J.P. See justice of the peace. obtained a judgment against the
debtor in that amount. See judg-
judge n. An appointed or elected offi- ment creditor.
cial responsible for conducting a court in judgment docket. A roll or listing of
which he or she resolves legal contro- judgments maintained by a clerk or
versies. administrative office of a court.
judge-made law n. Legal doctrine judgment in rem. A judgment that
established by court decisions rather disposes of property, or resolves
than by statute. competing interests in a piece of
property, as opposed to a judgment
judgment n. A court’s final resolution that is against a person ordering
of the issues before it at trial or upon a payment of money.
dispositive motion.
judgment lien. A lien against prop-
default judgment. A judgment erty that results from a judicial pro-
entered due to the failure of the ceeding in which a monetary award
defendant to answer or otherwise has been made and has been
respond to the claim. reduced to judgment; until payment
of the judgment, a lien will be
deficiency judgment. A judgment in placed against all real property (and
favor of a creditor following a forced some personal property) of the indi-
sale of property, for the difference vidual or entity that owes payment
between the amount owed and the of the judgment.
amount collected as a result of the
sale, so as to fully compensate the judgment non obstante veridicto.
creditor. Latin. Judgment notwithstanding
the verdict. In rare cases, a judge
final judgment. A judgment which may enter a judgment in favor of
fully ends a case, on its merits (as one party despite a jury’s award
opposed to on procedural grounds). against that party; generally in
A final judgment is generally neces- cases where the evidence was such
sary before a party can file an that no reasonable jury could have
appeal. come to the determination that it
did. Abbreviated j.n.o.v.
foreign judgment. A judgment of a
different state or country than the judgment of conviction. The final
one in which the judgment is being decision in a criminal case, which
challenged or as to which enforce- includes the plea taken by the
ment is sought. defendant, the verdict, any court
findings, and the ultimate sentence.
judgment creditor. A creditor who has
obtained, through judicial process, a judgment of dismissal. A judgment
judgment against a debtor; com- invalidating or otherwise disposing
monly used in bankruptcy proceed- of the plaintiff’s or the prosecutor’s
ings to distinguish such a creditor claims prior to a trial.
from others to whom the debtor
13_542109 ch10.qxp 3/28/06 12:18 PM Page 164
K
kangaroo court n. Pejorative. Of an
unfair court, in which justice cannot be
obtained.
Keogh plan n. A tax-deferred retire-
ment plan available only to the self-
employed and their employees.
key-number system n. A scheme of
numerical classification of cases utilized
by West Publishing Company in its legal
treatises and case reporters.
kickback n. A form of bribery in
which a percentage of the revenues from
a contract or other financial award is
illicitly returned to the person awarding
the 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.
knowing adj. Conscious, deliberate,
with cognizance of pertinent informa-
tion.
knowledge n. An awareness of factual
information. Includes actual knowledge
(positive or definite), personal knowl-
edge (based on one’s own observation),
and constructive knowledge (based on
other circumstances).
15_542109 ch12.qxp 3/28/06 12:18 PM Page 168
L
zoning, real estate permitting, planning
and use, and those aspects of environ-
mental law as apply to such real estate
matters.
lapse n. The termination or expiration
of a right because it has not been exer-
cised or because of the occurrence or
nonoccurrence of some contingency.
larceny n. The wrongful appropriation
of personal property with the intention
of permanently depriving the owner of
Labor Management Relations Act its possession and use.
n. A 1947 federal law designed to pro-
last clear chance doctrine n. The
tect employers, employees, and the pub-
doctrine that a plaintiff who committed
lic. It governs union activities and
contributory acts of negligence may
provides an arbitration mechanism for
nonetheless recover damages against a
strikes that cause national emergen-
defendant who had the last opportunity
cies. Abbreviated LMRA.
in time to avoid the damage. Very lim-
laches n. Equitable doctrine that pre- ited applicability in most states.
cludes or limits relief to one who delays
last will and testament See will.
in acting or bringing a claim.
latent ambiguity n. An ambiguity that
lame duck adj. Colloquial; often pejo-
is not apparent from the wording of a
rative. An elected official whose succes-
document but is caused by external cir-
sor has already been elected, and who is
cumstances.
serving out the remainder of a term.
latent defect n. A hidden flaw that
land n. 1 Real property. 2 An area
cannot be readily ascertained from mere
of ground with defined boundaries,
observation.
including minerals or resources below
the surface and anything growing on or lateral support n. A person (in prop-
attached to the surface. erty law) has the right to have his land
supported at the sides by his neighbor’s
landlord n. The lessor of real prop-
land; the principle that an adjoining
erty.
landowner cannot alter the perimeter of
landmark decision n. A decision that his property in such a manner that his
is notable and often cited because it sig- neighbor’s land is adversely affected or
nificantly changes, consolidates, weakened.
updates, or effectively summarizes the
law n. 1 The complete body of
law on a particular topic.
statutes, rules, enforced customs and
Landrum-Griffin Act n. A 1959 fed- norms, and court decisions governing
eral law regulating labor unions, for the the relations of individuals and corpo-
purpose of reducing corruption in rate entities to one another and to the
unions. state. 2 The subset of such statutes
and other rules and materials dealing
Lanham Act n. 1947 federal law that with a particular subject matter. 3 The
defines and regulates trademarks. system by which such statutes and rules
are administered. 4 The profession of
interpreting such statutes and rules. 5
15_542109 ch12.qxp 3/28/06 12:18 PM Page 169
169 legacy
letter of intent n. A non-binding sum- lex loci delicti n. Latin. The law of the
mary of the proposed terms of a contract place where a wrong was committed.
contemplated by the parties.
liability n. 1 A legally enforceable
letter ruling n. An advisory statement obligation. 2 More generally, a debt or
issued by the Internal Revenue Service other legal obligation to pay an assessed
to a taxpayer asking about the tax con- amount (for example, taxes).
sequences of a proposed transaction.
joint and several liability. Liability
letters of administration n. A docu- that is jointly payable by multiple
ment issued by a probate court appoint- parties, but that may (or must,
ing an administrator for an estate. depending on jurisdiction) be paid
in full by one or more of them if the
letters of guardianship n. An others are not to be found or are
entrustment of care of an incompetent incapable of paying their share.
or child unto another, generally a lawyer joint liability. Liability that is jointly
or officer of the court. payable by multiple parties, of
which none may be required to pay
letters rogatory n. Court order or sub- more than his or her share.
poena issued in one jurisdiction, seeking
to compel citizen of another jurisdiction primary liability. Liability for which
to testify in the first jurisdiction; one is directly responsible, without
requires court approval in second juris- the claimant being obligated to
diction. resort to any other source for pay-
ment.
letters testamentary n. A document
secondary liability. Liability that one
issued by a probate court approving the is not obligated to pay unless the
executor of a will. party with primary liability fails to
make payment.
leverage n. 1 Generally, the use of
borrowed money to engage in transac- strict liability. In tort law, a financial
tions with a high rate of return that will responsibility to compensate a
allow repayment of the loan. 2 The harm in the absence of any negli-
ratio between a company’s debt and gence; an absolute responsibility to
equity. ensure the safe functioning of a
dangerous instrumentality.
levy n. 1 A tax or penalty. 2 The
state’s acting of seizing and selling prop- vicarious liability. The liability of an
erty to satisfy a tax or other liability. employer or supervisor for the acts
of an employee, based on the
lewdness n. Indecent behavior offen- employer-employee or supervisory
sive to observers. relationship. See respondeat supe-
rior.
lex fori n. Law of the jurisdiction
where an action is pending. libel n. 1 A false and defamatory
statement expressed in writing or in an
Lexis n. A computerized legal electronic medium. 2 The first docu-
research service. ment or pleading filed in an admiralty
action, which is now called a complaint.
lex loci contractus n. Latin. The law
of the place where a contract was signed liberal construction n. A loose or
or is to be performed. expansive interpretation of a statute or
writing, as opposed to a strict or literal
construction.
15_542109 ch12.qxp 3/28/06 12:18 PM Page 172
liberty 172
loss 174
M
bers, and establishing the formal legal
result of the case, as opposed to a dis-
senting opinion.
maker n. A person who issues a prom-
issory note.
malfeasance n. An unlawful act, partic-
ularly one committed by a public official.
malice n. The state of mind of one
intentionally performing a wrongful act.
constructive malice. Malice which
MACRS See Modified Accelerated can be imputed to the actor because
Cost Recovery System. of the nature of the acts committed
and the result thereby.
magistrate n. A judicial officer of lim-
ited jurisdiction or responsibility; collo- malice aforethought n. The requisite
quially used as a synonym for judge. state of mind for murder to be charged
under the common law, involving an
Magnuson-Moss Warranty Act n. A intent to kill or to cause serious physical
federal law that requires warranties of harm, depraved indifference to human
consumer products to set forth their life, or an intent to commit another seri-
terms, including limitations, in plain ous felony that results in a death.
English.
malicious arrest n. An arrest made
mailbox rule n. 1 The rule that the for a dishonest purpose and lacking
acceptance of a contract is effective probable cause.
upon being mailed, unless the contract
provides otherwise. 2 In litigation, the malicious mischief n. The intentional
rule that a pleading is served as of the destruction or damaging of another’s
date it is mailed. property.
mandamus 176
177 meeting
179 mistake
mistrial 180
181 movant
moral certainty n. High level of con- deliberative body, a request for proce-
viction that causes one to act in accor- dural relief made by a member to the
dance therewith; beyond a reasonable chairman or the body at large, under
doubt. Robert’s Rules of Order or other appli-
cable procedural rules.
moral turpitude n. Of conduct, that it
is significantly wrong or immoral; used motion for arrest of judgment n. A
as a term of special condemnation. motion asking the court to overrule the
judgment in a civil or criminal case, on
mortgage n. 1 A grant of a security the grounds that it was granted in error.
interest in real property to secure a
loan, often for the purchase of the prop- motion for judgment as a matter of
erty. 2 A loan secured by an interest in law n. A request for relief available to
real property. 3 The paperwork a party when there is no disputed fact
reflecting such a loan and security inter- issue.
est.
motion for summary judgment n. In
purchase money mortgage. A mort- civil litigation, a written submission
gage that secures debt incurred in made to the court following the discov-
connection with the property as to ery phase, asking for judgment before
which the mortgage is given, for trial on the basis that the undisputed
example, a mortgage on one’s home
given to secure a loan given in order facts as adduced through discovery enti-
to purchase that home. tle the moving party to judgment as a
matter of law; if granted, the case is
mortgagee n. The lender or creditor over with no need for trial.
extending the loan involved in a mort-
gage. motion in limine n. A motion to limit
the evidence that will be submitted to
mortgagor n. The owner of the real the jury, by excluding matters that are
property involved in a mortgage. not relevant, are prejudicial, or are oth-
erwise inadmissible under applicable
mortmain n. Archaic. The permanent rules.
holding of lands by an ecclesiastical
organization, without the right to dis- motion to dismiss n. In civil litiga-
pose of them. tion, a written submission to the court
at a preliminary stage of the case, gen-
most favored nation clause n. A pro- erally before the defendant answers,
vision in treaties according all citizens seeking dismissal of the case on one of
of the nations that are parties to the several grounds, including lack of juris-
treaty a special status as to other diction over the person or subject mat-
nations that are parties to the treaties, ter, and failure of the plaintiff to allege
such citizens are afforded all privileges requisite elements of the cause of action
available to most favored nations; gen- asserted in the complaint, etc.; may be
eral effect of such status is a lowering of granted with or without leave given to
duty on trade between such nations. plaintiff to amend his complaint to cor-
rect deficiencies.
motion n. 1 In litigation, a formal
request, usually in writing, to a court for motion to set aside See set aside.
specified relief, under applicable proce-
dural rules. 2 In a legislature or other movant n. The party making a motion
to the court.
16_542109 ch13.qxp 3/28/06 12:18 PM Page 182
move 182
N
U.S. citizenship to a foreigner.
natural law n. A philosophical expla-
nation of the origins of law, grounding it
in purported external facts (such as biol-
ogy, religious conceptions of right and
wrong, and so on) rather than in human
custom or practice.
natural person n. An actual person,
as opposed to one created by a legal fic-
tion (such as a corporation).
n.b. abbr. Latin. Nota bene; used to
naked power n. Power over a person
emphasize or call notice to something.
or thing unrelated to an interest in the
well-being or continuation of that per- Necessary and Proper Clause n. A
son or thing. section of the United States Constitution
that enables Congress to make the laws
named insured n. The covered indi-
required for the exercise of its other
vidual named in an insurance policy.
powers established by the Constitution.
narcotic n. A drug that, by law,
necessary implication n. An implica-
is illegal or designated a controlled sub-
tion that is very likely to be true.
stance.
necessary inference n. A conclusion
National Association of Security
that flows of necessity from a particular
Dealers Automated Quotation system
premise.
n. An automated national stock
exchange. Abbreviated NASDAQ. necessary party n. A party who,
because of his or her relationship to or
National Labor Relations Act n. A
involvement in the underlying facts and
federal law governing certain labor
issues, should be joined to a case if it all
issues and creating the National Labor
possible.
Relations Board. Abbreviated NLRA.
necessity n. A defense to a criminal
National Labor Relations Board n. A
charge or civil claim, that the party’s
federal labor agency that oversees union
actions were in response to a superven-
elections and other labor issues.
ing state of emergency.
Abbreviated NLRB.
negative averment See averment.
National Lawyers Guild n. A
lawyer’s association founded in 1937, negative easement See easement.
which states as its mission a dedication
to the need for basic and progressive negative pregnant n. A limited and
change in the structure of the political conditional denial of a part of an asser-
and economic system, generally aligned tion that implies that the assertion may
with liberal and socially progressive otherwise be true.
causes.
neglect n. The action or status of fail-
natural child n. A biological, as ing to care for or to maintain something.
opposed to an adopted, child.
negligence n. The failure to use rea-
sonable care, resulting in harm to
another.
17_542109 ch14.qxp 3/28/06 12:19 PM Page 184
notice 186
187 NYSE
O
oblige v. 1 To legally or morally bind;
to obligate. 2 To bind someone by per-
forming 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
oath n. A solemn swearing to the
where it constitutes defamation. See
truth of statements delivered orally
also defamation and slander.
and/or in written form. Making of false
statements while under oath may result obscene adj. Exceptionally repugnant
in prosecution for perjury. An affidavit to the contemporary standards of
is a written oath. See also affirmation. decency and morality within the commu-
oath of office. A sworn promise to nity; grossly obnoxious to the notions of
carry out the duties and responsi- acceptable behavior.
bilities of a position, diligently and
as required by law. obscene material n. According to a
Supreme Court decision, material is
obiter dicta adv. Latin. “By the way . . obscene, and hence not protected by the
. .” A passing statement reached in a free-speech provision of the First
court opinion that is irrelevant to the Amendment if it has three elements: It
outcome of the case. See also dictum. must have prurient appeal, as decided
by the average person applying the stan-
objection n. A statement opposing dards of the community; it must portray
something that is about to occur in a sexual conduct in an offensive way; and
courtroom, or has already occurred, as it must be lacking in serious artistic, lit-
being improper, out of order, or against erary, scientific, or political value.
procedural rules. It is up to the judge to
rule on the objection’s validity, or to obscenity See obscene material.
overrule it. A timely objection that is
entered into the trial record, along with obsolescence n. 1 A process or condi-
appropriate argument on its validity, tion of becoming useless or obsolete.
may form the basis for an appeal to a 2 A diminishing of a property’s value or
higher court. See also challenge and usefulness, especially because of inno-
motion in limine. vations in technology, as distinguished
from physical decay. See also deprecia-
obligation n. 1 A moral or legal duty tion.
to perform or to not perform some
action. 2 A binding, formal arrange- obstruction of justice n. Delaying or
ment or an agreement to a liability to impeding the timely and orderly adminis-
pay a specified amount or to do a certain tration of the legal system in some way,
thing for a person or group of persons. such as by giving false or misleading infor-
See also duty and liability. mation, withholding information from
legal authorities, or attempting to influ-
obligation, mutuality of See mutual- ence a witness or a juror. A criminal act in
ity of obligation. most jurisdictions.
18_542109 ch15.qxp 3/28/06 12:19 PM Page 189
189 officer
obviate v. 1 To anticipate and prevent issues citations for businesses that are
something from happening; to dispose of in violation of its standards. The agency
something. 2 To make something no is a part of the Department of Labor.
longer necessary. Abbreviated OSHA.
occupancy n. 1 The condition or act of occurrence n. An event of happening.
possessing or living in a dwelling or on
some property. 2 The period of time odious adj. Disgusting, disgraceful,
during which one rents, owns, or in hateful, vile, loathsome, scandalous.
some way possesses property. 3 See also odium.
Having actual possession of a place that
odium n. 1 Hatred or distaste for,
has no owner so as to acquire legal
accompanied by contempt or disgust.
rights to ownership. See also adverse
2 A condition of disgrace, usually as the
possession.
result of some form of vile conduct.
occupant n. One who inhabits or exer-
offense n. Any violation of the law for
cises direct control over a certain piece
which the judicial code demands there
of property or premises, as distin-
be a penalty, including misdemeanors
guished from the one who has owner-
and felonies. See also crime.
ship of the property, although the same
person(s) may do both. offer n. 1 The act of presenting some-
thing, such as a bargain, with the under-
occupational disease (or injury) n. A
standing that should the other party
disease or injury contracted as a result of
agree, that bargain will be complete.
prolonged exposure to unsafe substances
2 A promise by one party to do some-
or conditions in the natural course of
thing in exchange for something else
one’s employment, where the risk of such
being done by the second party. 3 An
condition or injury is greater than that
act demonstrating a willingness to enter
prevalent in the general population.
into a contract in such a way that a rea-
occupational hazard n. A risk pecu- sonable person would recognize that
liar to the specific occupation or place of acceptance of the terms will conclude in
employment and that arises in normal a binding agreement. See also accept-
work at such a job or workplace. ance.
Occupational hazards include the likeli-
offer of proof n. 1 A presenting of evi-
hood of accidental injuries and diseases.
dence for the record, but outside of the
Occupational Safety and Health Act presence of the jury (usually following a
n. A federal law enacted in 1970, setting judge’s ruling that such evidence is
forth workplace rules and regulations to inadmissible) for purposes of preserving
promote safety of workers; administered the evidence on the record for use in an
by the Occupational Safety and Health appeal. 2 Such a presentation is an
Administration. attempt to persuade the judge to allow
the item’s or testimony’s introduction
Occupational Safety and Health before the jury.
Administration n. An agency of the
federal government established by Act officer n. A person who holds a posi-
of Congress in 1970 that creates and tion (office) of trust, command, or
enforces rules governing the safety of authority. In public affairs, the term usu-
workers in the workplace. The agency ally applies to a person who holds a gov-
routinely inspects workplaces and ernment position and is authorized to
perform certain functions. In corporate
18_542109 ch15.qxp 3/28/06 12:19 PM Page 190
191 opinion
option 192
193 oyez
P
paper n. Any written or printed docu-
ment; any negotiable document or
instrument evidencing the existence of a
debt; stocks and bonds; securities. See
negotiable instrument, bearer, com-
mercial paper.
par/par value n. Equality between
face value and actual selling price.
paralegal 1 n. A person not licensed
to practice law, who assists a lawyer in
a variety of tasks associated with a law
office. 2 adj. As in “The assistant per-
P.A. abbr. Professional association. formed paralegal activities.”
See also corporation.
paramount title n. Real estate, title
pain and suffering n. Compensable that is senior or superior to the title to
results, whether physical or mental, which it is compared.
from a wrong either suffered or commit-
ted. The loss of the ability to work due pardon See clemency and reprieve.
to emotional suffering, mental suffering, parens patriae n. Latin. Parent of his
or physical pain are all appropriate ele- or her country. The state, in its role of
ments of damage. provider of protection to people unable
palimony n. A court-mandated pay- to care for themselves; a doctrine giving
ment by one of a former unmarried cou- the government standing to sue on
ple, who cohabited, to the other. The behalf of a citizen who is unable to pur-
term originated in the reportage of sue an action due to a legal disability.
Marvin v. Marvin, a 1976 California case. parental liability n. The doctrine that
A portmanteau word, constructed from parents are responsible for willful dam-
pal and alimony. age done to another’s person or property
palm(ing) off v. Acting in a fraudulent by their minor children. All states have
manner, to pass something off as some- statutes to that effect, but most limit the
thing other than what it is. amount to a few thousand dollars per
tort.
pander v. To pimp; to cater to others’
lust. See panderer. parent corporation See company and
corporation.
panderer 1 n. A manager, in the sex-
for-money sense, of prostitutes; a per- pari delicto See in pari delicto.
son who causes a female to become a pari materia See in pari materia.
prostitute. 2 v. The act of selling
obscene literature, movies, and/or other parimutuel adj. Of equal betting or
materials that appeal to one’s prurient wagering.
interest. See also pander.
parole 1 n. A conditional release from
panel n. 1 A list of persons summoned a criminal sentence that permits the
to be potential jurors. 2 The actual convict to serve the remainder of his or
group of potential jurors, see also her term outside the confines of the
venire. 3 A group of judges selected prison as long as he abides scrupulously
from a larger group to hear a case. 4 by certain preset conditions. 2 v. To
Those sitting on an appellate bench. effect what is described in the meaning
of the noun.
19_542109 ch16.qxp 3/28/06 12:19 PM Page 195
195 passive
peonage 198
203 preamble
precatory 204
precatory adj. Expressing a desire for, determine whether there is enough evi-
requesting, or advising action, but usu- dence to issue an indictment against a
ally in a nonbinding way, such as, “it is person or to warrant that person’s being
my desire and wish to . . . .” Precatory held in custody.
words are often used in wills and similar
documents. preliminary injunction See injunction.
207 privy
proof 210
criminal prosecution; the carrying out of pro tempore adj./adv./n. Latin. For the
any activity or plan. time being. A temporary position or
appointment. Also called pro tem.
prosecutor n. The person or persons
who prepare for and conduct the state’s protest n. A formal objection to some-
case in a criminal trial; the state’s attor- thing that is, will be, or has been done.
ney, district attorney, or in the case of a
federal case, the United States Attorney. provisional remedy See remedy.
public domain n. Government-owned pur autre vie See per autre vie.
land; all publications, processes, and
inventions that are not protected by purchase n. The acquiring of property
patent or copyright. in exchange for money or other valuable
consideration. See also descent and dis-
public figure n. A person who is tribution.
famous or notorious or who has will-
ingly become involved with a public purchase money security interest See
issue or controversy, security interest.
public interest n. The people’s gen- purchaser n. One who receives prop-
eral welfare and well being; something erty in exchange for money or valuable
in which the populace as a whole has a consideration.
stake. bona fide purchaser. One who pur-
chases property for value, without
public necessity n. A complete justifi- notice of any defects in title.
cation for a normally unacceptable act,
if it were the lesser of two evils and pure plea See plea.
done in the public’s interest. See also
public interest. purge(ing) contempt See contempt.
Q
quantum valebant Latin. 1 The rea-
sonable worth of goods or services, used
to compute fair and reasonable dam-
ages; the market value. 2 A common-
law action of assumpsit for items sold
and delivered, in order to recover proper
and appropriate payment for same.
quare clausum fregit Latin. An early
form of trespass onto someone else’s
land, whether or not that land actually
had a physical fence around it. The
plaintiff would argue that because the
defendant had broken the boundary
Q abbr. The abbreviation used in trial “with force and arms,” the former was
transcripts and depositions to mark due damages.
each question asked.
quash v. 1 To suppress a legal docu-
QDRO abbr. See qualified domestic ment, particularly a subpoena, for rea-
relations order. sons based on defect in manner of
service or for other procedural or sub-
quaere v. Latin. To query or inquire. stantive reasons that invalidate the doc-
Used in law textbooks to indicate that a ument; to void or terminate; to vacate a
point was dubious or questionable. judicial decision. 2 To suppress, as in
qualified disclaimer n. A disclaimer quashing an uprising or revolt.
stating that the taxpayer has no inter- quasi Latin. Alike in some sense, but
est, for federal unified estate tax pur- not in actuality; resembling something
poses, in the disclaimed property. but not really being it; nearly; almost
qualified domestic relations order n. like.
Any decree, judgment, or order that rec- quasi contracts. See contract.
ognizes the right of one person (the alter-
nate payee) to participate either totally or quasi criminal. A proceeding similar
partially in the pension of another (the in nature to a criminal trial in that
participant). The alternate payee must be the defendant, if he loses, will be
a dependent child, spouse, or former subject to penalties such as fine,
loss of job, or confinement, yet it is
spouse of the participant. This is an not a criminal trial presided over by
exception to the ERISA rule, proscribing a judge. A parole hearing or a pro-
the assignment of plan benefits. bation hearing are two examples of
Abbreviated QDRO. such.
quantum Latin. An amount; the nec- quasi in rem. See in rem.
essary or desired portion; the required
or needed amount or share. question, federal See federal question.
quantum meruit Latin. Equitable for- question, leading See leading question.
mula for determining how much to
award to one who has provided goods or question of fact n. An issue in dispute
services to another who has not paid, that is left to the jury to resolve, because
based on the reasonable value of the it is not clearly covered by any law. A
goods or services; the equitable princi- judge then rules on what the law says
ple that one who has received the bene- must be done. Questions of fact are usu-
fit of a bargain should not be permitted ally decided in lower courts rather than
to be unjustly enriched. on appeal. See also fact-finder.
20_542109 ch17.qxp 3/28/06 12:19 PM Page 214
R
against her will; unlawful sexual act
with an unwilling other, and usually
involving threat of violence. 2 v. to
commit the act of forcible sexual inter-
course.
date rape. Rape committed by the
victim’s escort to a social event,
also known as acquaintance rape or
relationship rape.
statutory rape. Sexual intercourse
with an individual who is a minor or
under the age of consent (today,
usually 18), by an adult. Neither
Racketeer Influenced and Corrupt consent of the minor, nor ignorance
Organizations Act n. This law, of the minor’s age, can be used as a
enacted in 1970, is designed to fight defense.
activity by organized crime and to pre-
serve the integrity of the interstate and rap sheet n. Slang. A person’s crimi-
international marketplace by investigat- nal record.
ing and prosecuting individuals conspir-
ing to participate or actually participating ratable 1 n. Taxable property; a rat-
in racketeering. Note that it has no force able distribution is a pro rata share of
in intrastate commerce. Abbreviated the assets of a bankruptcy. 2 adj.
RICO. See also racketeering. Capable of being appraised or appor-
tioned.
racketeering n. A system of organ-
ized criminal extortion of money or rate n. A fixed or stated price for a
favors from businesses through the use specified unit of a commodity or service,
of violence, intimidating, or other illegal such as $2 per pound or $9 per hour; a
means; a pattern of illegal activity car- percentage of an amount, such as 5 per-
ried out by a criminal group or syndi- cent interest on capital; a relative or pro-
cate, including but not limited to fraud, portional value.
murder, extortion, and bribery. See also
bribe, bribery, extort, extortion, and ratification n. Affirmation or approval;
fraud. adoption of an action that was done on
one’s behalf and treating that action as if
raised check See check. it had been authorized by that person
before the fact of it having been done. By
ransom 1 n. The money paid to secure ratifying an act or action, a person
the release of a person held captive, becomes responsible for the conse-
whether as a result of having been kid- quences of that act or action.
napped or captured in some other way; Ratification by a two-thirds vote of
the release of a captured person in Congress is needed to propose a consti-
exchange for money or other considera- tutional amendment, which must then
tion. 2 v. To gain the release of a cap- be ratified by three fourths of the states
tive by paying the price demanded; to for it to take effect.
hold a person captive and insist on pay-
ment as the condition of release. ratify v. To affirm or approve, usually
after the fact.
rape 1 n. In common law, the felony of
a man having illegal sexual intercourse ratiocination n. Reasoning; the
with a woman other than his wife, by process of exact, rational, reasoning
force or with threat of violence and something through.
21_542109 ch18.qxp 3/28/06 12:20 PM Page 216
217 recognition
recognizance 218
221 remitter
remittitur 222
res gestae n. Latin. Things done. res ipsa loquitur n. Latin. The thing
Either the events at issue or other speaks for itself. An evidentiary rule in
things, such as utterances, that are con- torts that the very fact that an accident
temporaneous with the res gestae; spon- occurred is enough to provide a prima
taneous statements or exclamations facie case of negligent behavior. Rear-
made by the participants, perpetrators, ending another automobile is an exam-
victims, or onlookers at or immediately ple, showing failure to maintain a safe
following the event, be it criminal or the distance on the part of the rear-ender.
subject of litigation. As present-sense
impressions, they are excluded from the resisting arrest n. Physically oppos-
hearsay rule. See excited utterance. ing or obstructing a police officer who is
attempting to make a legal arrest. The
residence n. A place of abode with resistance is deemed to be an assault
some permanence; residence requires and battery upon the arresting officer,
bodily presence and is distinct from and in no case can be regarded as self
domicile, which requires both bodily defense.
presence and intent to make it one’s
home. A person may have many places res judicata n. Latin. A thing decided.
of residence, but only one domicile; a A doctrine whereby the court’s decision
house or apartment; the place where a is binding upon the parties in any and all
corporation does business, or is regis- subsequent litigation concerning the
tered to do business. See also domicile. same case. In effect, it bars the litigants
from seeking to take the same case to
resident n. One who lives in a particu- another court in hopes of a different out-
lar place. A resident is not necessarily a come, or of raising new issues that were
citizen. not raised at the first trial.
resident alien See alien. respite n. A delay or postponement of
a sentence, or one granted to a jury or
residual adj. A leftover; remainder; a court for further consideration or delib-
residue. eration. In all cases, it is temporary.
residuary adj. Relating to a residual. respondeat superior n. Latin. Let the
superior respond. The doctrine that an
residuary clause n. A clause in a will
employer is held liable for all wrongful
that gives all the remainder of the
acts or any harm caused by an employee
estate, once the specific bequests and
or agent acting within the scope of his
devises are taken care of, to one or more
employment or duties. See also scope of
of the beneficiaries.
employment.
residuary estate See estate.
respondent n. The party against
residuary legacy n. The remaining whom a civil complaint is brought; the
estate after all claims against the estate defendant in an equity case, as well as
and specific legacies, except those the person who is the subject of an
authorized by the residuary clause, appeal.
have been satisfied.
responsibility n. The liability for an
residuum n. What remains after act and the obligation to repair any dam-
something has been taken away; age caused by that act; in criminal law,
residue. a person’s mental capacity to under-
stand and answer in court for her or his
actions; guilt. See also competent and
capacity.
21_542109 ch18.qxp 3/28/06 12:20 PM Page 225
225 retraction
retreat (duty to), rule n. A doctrine in rev. rul. abbr. See revenue ruling.
criminal law found in some jurisdictions
requiring that, unless at home, at his or revenue n. Synonymous with income,
her place of business, or in a situation derived from whatever source(s); that
where the assailant is a person the vic- which comes back as a return on an
tim is attempting to arrest, the victim in investment. See also income.
a murderous assault must attempt to revenue bill See bill.
retreat safely rather than resorting to
using deadly force in self-defense. In revenue procedure See revenue rul-
tort law, failure to exercise retreat may ing.
result in liability’s being attached to the
party who could have retreated. revenue ruling n. A published deci-
sion by the IRS, printed in the Internal
retrial n. A new trial of an already lit- Revenue Bulletin, dictating how the fed-
igated issue by the same court for some eral tax code applies to a particular sit-
substantive reason, such as a recogni- uation. Unlike private rulings, taxpayers
tion of procedural errors in the first may rely upon revenue rulings to calcu-
trial, that made it unfair or improper. late the tax consequences for them in
See also mistrial. similar situations.
retroactive adj. Referring to a law, a private ruling. An IRS determination
ruling, and so on affecting matters that of tax consequences of a certain
occurred beforehand; affecting past hap- transaction issued to and at the
penings. See also prospective. request of a private taxpayer only,
and may not be relied upon by tax-
retroactive law n. A statute that payers at large.
treats with facts or occurrences some-
thing that took place before the statute revenue procedure. An official IRS
was enacted. While unusual, a retroac- statement spelling out the adminis-
tive law is only unconstitutional if it trative practices used by the IRS.
impairs vested rights, interferes with For example, methods for obtaining
obligations under contracts (such as a private ruling are often spelled
creating new obligations or attaching out. Abbreviated rev. proc.
new disabilities), has the effect of an ex reversal n. The setting aside or over-
post facto law or bill of attainder, or is turning of a lower court’s decision by an
prohibited by the United States appellate court; a turning around of the
Constitution. Certain decisions granting short-term market price trend of a secu-
new rights to criminal defendants under rity, either from downward to upward, or
constitutional law have been given full the other way around.
retroactive effect. While others have
been held to be effective only from the reverse discrimination n. A term
time of enactment forward. See also ex used to refer to the exclusion of a mem-
post facto and bill of attainder. ber of a majority class not commonly
discriminated against, to compensate
retrospective See retroactive. for the traditional discrimination
return n. 1 An officer of the court’s against a minority member. For exam-
bringing back a court-issued document, ple, management positions traditionally
such as a writ, and reporting how the filled by members of the white race
officer had done or why he had not done would be filled by African Americans,
what that document had ordered. 2 An Asians, or Hispanics to the exclusion of
income tax return. any white candidates, even if the latter
21_542109 ch18.qxp 3/28/06 12:20 PM Page 227
227 right
had seniority or were better qualified by one, most jurisdictions require its repub-
reason of education, expertise, or tem- lication or some other affirmation.
perament. It has been contended that
such treatment, broadly known as affir- revocable n. Capable of being abro-
mative action, is in violation of the equal gated at the discretion of the maker. See
protection clause of the Fourteenth also revocation.
Amendment of the United States
revocation n. An annulment or with-
Constitution, as well as Title VII of the
drawal of a conferred power or of a
Civil Rights Act of 1964.
statute; a withdrawal of an offer by the
reversible error See error. one doing the offering; invalidation by
the testator of a will, either by super-
reversion n. A future interest in land seding it with a new one, or by destroy-
created by operation of law by a con- ing it.
veyance of property for a specified
period of time without transfer of title to revolving credit n. A renewable line
said land. Upon expiration of the period of credit over a certain period of time,
of the lease, the land reverts to the lease usually synonymous with credit card
grantor or his or her heirs. Additionally, account. The borrowed amount is repaid
reversion may refer to the part of an to a merchant or bank over a length of
estate that the grantor retains upon con- time in installments, consisting of part
veyance of the rest of it. See also principal and part interest. Generally,
remainder and reservation. the amount of interest a creditor can
charge is limited by state usury laws.
reverter See possibility of reverter. Often more expensive than other forms
of credit.
revest v. To vest anew; to return title
to the possession of the original propri- rev. stat. See revised statutes.
etor or of the donor.
RFLP abbr. See Restriction
review n. A judicial reexamination of a Fragment Length Polymorphism.
court’s proceedings, or a reconsideration
by the same court of its earlier decision. RICO abbr. See Racketeer Influenced
The term is often used to describe an and Corrupt Organizations Act.
appellate court’s examination of a lower
rider n. An addition or change to a
court’s proceeding. See also judicial
written document by way of a supple-
review.
mental writing; for example, a rider to
revised statutes n. Laws that have an insurance policy may modify or
been changed, altered, amended, or expand the conditions of the original
reenacted by a legislative body. A reen- policy, or may change amounts of cover-
actment is generally thought of as hav- age, or may delete certain risks.
ing the effect of a repeal and
right n. What is proper and correct
replacement of the former law.
under the law, ethics, and/or moral
revival n. A reinstitution of a former code; something owed a person because
will or deed that had been revoked by of a just claim; a protected and recog-
virtue of a later document. Of course, nized interest; a negotiable option to buy
that later document must be destroyed a new issue of stock at less than market
or cancelled. Although some jurisdic- pricing; a claim or interest in tangible or
tions automatically recognize the earlier intangible things.
will upon the cancellation of the later
21_542109 ch18.qxp 3/28/06 12:20 PM Page 228
right of entry. The right to go upon right to die n. The right of a termi-
land or into a dwelling. nally ill person to refuse to have her or
his life extended by artificial or heroic
right of redemption. The right to means and often called passive euthana-
reclaim property previously sold or
encumbered, by paying full value sia; the withdrawal of feeding tubes and
plus any interest and costs. other artificial means of life support
from a terminally ill person. See also
right of way. The right of one vehicle advance directive.
to pass before another, as in “the
car to the right at a four-way stop right-to-know act n. A federal law
sign has the right of way”; the right (augmented by some state statutes) that
to pass over the property of another, requires businesses that produce haz-
see easement; a piece of land upon ardous materials to inform the commu-
which a railroad may construct its nity in which it manufactures or stores
tracks. those materials, and the employees who
riparian rights. As to owners of land may handle them, about the possible
adjacent to waterways, the right to hazards.
use of the water, the soil under the right to remain silent n. This right
water, and its neighboring land must be given to a suspect in a criminal
structures, such as banks. case before interrogation begins. It
Generally refers to the right of a grows out of the Fifth Amendment’s
property owner whose land includes guarantee against self-incrimination,
a natural waterway to use that por- which coupled with the Sixth
tion of the waterway as may pass Amendment’s right to counsel give us
through his land, in whatever way the Miranda rule. Once informed of
the property owner chooses to. these rights, the subject has the option
right of action n. The right to bring a of waiving them.
particular case before a court; a legally right to work laws n. A law in many
enforceable right. See also cause of states preventing arrangements
action and claim for relief. between labor and management to
right of election n. A spousal right to require that a person must join a union
elect to receive the gifts bequeathed by in order to be employed by the business.
the deceased’s will, or to instead elect to See also open shop.
receive a share of the estate as put forth ripe for judgment n. The time when a
by statute. Also known as widow’s elec- case has proceeded no further than, but
tion. See also dower. far enough, for all the facts to have been
right of first refusal See refusal. developed to the point where an intelli-
gent judgment should be able to be
right of privacy See privacy, right of. reached.
right of subscription See subscrip- ripeness doctrine n. The requirement
tion rights. that a case be ripe for judgment before
a court will decide the controversy.
right to counsel n. The right of a
criminal defendant to be represented by risk n. 1 Peril, danger, the chance of
a court-appointed attorney if the defen- loss or injury. 2 Liability for injury,
dant cannot afford to hire one. This is a loss, or damage, by statute placed upon
constitutional right guaranteed by the the manufacturer rather than the con-
Sixth Amendment. sumer, should it happen from normal
use of a product.
21_542109 ch18.qxp 3/28/06 12:20 PM Page 229
risk management n. The process of share of the profit derived from real
assessing risk and acting in such a man- property that is reserved for the owner
ner, or prescribing policies and proce- in exchange for granting a lessee, who
dures, so as to avoid or minimize loss is going to mine or drill the mineral
associated with such risk. rights on that land.
risk of loss n. A financial risk of being R.S. abbr. See revised statutes.
responsible for destruction or damage or
the inability to locate property that a rule n. An established or prescribed
party may get stuck with when a trans- standard for action; an authoritative
fer of property is occurring. According to principal; the general norm for conduct
the Uniform Commercial Code, the risk in a specific kind of situation; a princi-
is borne by the seller until some con- ple, standard, or regulation that governs
tractual event occurs, at which point the the internal workings of a court or an
risk shifts to the buyer. The phrase is agency.
also used in insurance contracts to
rule v. 1 To exercise control; for
denote the hazards that are covered by
example, Diane’s parents rule with an
the insurance policy.
iron fist. 2 Deciding a legal point or
robbery n. The illegal stealing or tak- question; for example, the judge ruled
ing of another’s property from that person the question was admissible.
or another by violence or by threat of vio-
rule against perpetuities n. The com-
lence; aggravated larceny. The personal
mon law principle that prohibits
threat of violence and implicit fear on the
granting of an estate that will not
part of the victim are essential in order to
vest within 21 years of that granting,
distinguish robbery from burglary.
that is, within 21 years of the death of
armed robbery. Robbery committed the person who created the interest. Its
by a felon carrying a dangerous purpose is to limit the amount of time
weapon, whether or not that that title to a property could be sus-
weapon is actually used or even pended and thereby keep the property
shown. The crime is tried as any from becoming available in the market.
robbery would be in most states, but
the weapon serves to bump up the rule in Shelley’s Case n. This rule
severity of the crime. governing property dates from 1324 and
states that if a property is bequeathed to
ROR abbr. See release on own recog-
a person and a remainder to his heirs,
nizance.
the remainder is considered to belong to
Roth IRA n. A special form of individ- the person named in the bequeathal so
ual retirement account, in which contri- that the person has a fee simple
butions are not tax deductible when absolute. See also fee simple.
made, but that compensates by making
rule in Wild’s Case n. A property law
the gains distributable tax free upon the
rule of construction that considers a
owner’s reaching age 701⁄2. See also indi-
property granted to A and A’s children
vidual retirement account and Keogh
as a fee tail if A has no children as of
Plan.
the effective date of the grant, but as a
royalty n. 1 A payment made to the joint tenancy if A does have children at
creator of an intellectual property that time.
(author, inventor, and so on) for each
copy of the property that is sold. 2 A
21_542109 ch18.qxp 3/28/06 12:20 PM Page 230
rule of capture n. 1 Acquiring the running with the land adj. Description
ownership of property where there pre- of any right or responsibility which
viously was no ownership; thereby, any passes with the transfer of land, often
wild animals captured belong to the per- with reference to easements or
son who captures them, regardless of covenants. For example, where one
whose property they were upon previ- driveway serves as an entrance to two
ously. 2 If the recipient of property homes, but is owned by only one of the
displays an intent to take full control of homeowners, the right to use the drive-
that property and not just pass it on to way may be considered to “run with the
another, that person captures full rights land” upon sale of the home to another
to that property including the ability to party.
pass it on to his or her heirs.
rule of law n. A substantive legal prin-
ciple; the prevailing of regular power
rather than arbitrary power; the princi-
ple 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.
22_542109 ch19.qxp 3/28/06 12:20 PM Page 231
S
tax sale. A forced sale of assets of a
taxpayer to satisfy tax obligations
that have not been paid.
sale on approval n. A transaction
(usually involving goods) in which the
buyer is permitted to use goods for a
period, and then return them if they do
not meet the buyer’s needs or expecta-
tion, even though the goods are not
defective. If the goods were delivered
for resale, the transaction is a sale and
return or a consignment.
sandbagging 232
233 secondary
235 sentence
separable 236
session 238
show up 240
slander per quod. A form of slander and to survivors. The act also gives
that does not qualify as slander per assistance in the form of aid to families
se, thereby requiring the plaintiff to with dependent children.
prove special damages.
sodomy n. Anal or oral copulation
slander per se. A form of slander that between two persons, especially when
need not be proven to qualify for they are of the same sex; oral or anal
damage, because its meaning is copulation between a human and a non-
apparent on the face of the state- human. See also buggery, bestiality
ment and involves moral turpitude, and crime.
a sexually transmitted disease, con-
duct adversely impacting one’s pro- solemnity of contract n. A concept
fession or business, or lack of that it is all right for two people to enter
chastity (especially when applied to into a contract for anything they wish
women). to, and as long as the proper formalities
are observed and no defenses exist
slander of goods n. A false statement, against it, that contract is enforceable
written or oral, that casts doubt on a and should be respected.
person’s ownership of property. See also
bait and switch and disparagement. sole proprietorship n. A business
that is carried on by a single person and
slight care See care. that is not a corporation or a trust. It dif-
slight negligence n. Failure to exer- fers from a corporation in that the busi-
cise great care that an extraordinarily ness is not a separate entity, and its
attentive person would have exercised. taxes are paid directly by the proprietor.
See also negligence. solicitation n. A request or petition
slip opinion n. A single judicial deci- intended to obtain something; criminally
sion that is published as an individual urging, advising, or ordering someone to
paper following its issuance and in commit a crime; offering to pay for sex
advance of its being incorporated into a or requesting money in exchange for
volume of decisions. It is, unlike an sex; an attempt to increase the number
unpublished opinion, ordinarily citable of one’s actual or potential clientele.
as precedent. See also advance sheets solicitor n. In England, the lawyer
and reports. who prepares a case for the trial lawyer
small claims court See court. (known as the barrister) and who set-
tles cases out of court. One who
social guest n. A holder of a bare attempts to get business or contribu-
license. See also license. tions from others; an agent or represen-
tative who conducts business on behalf
Social Security n. A federal program of someone else; the foremost officer of
established by the Social Security Act in the law in a municipality or a state; an
1935 in response to the Great Attorney General. In some jurisdic-
Depression, it is a form of universal tions, the prosecuting attorney.
insurance contributed to by all workers
and administered by the Social Security solicitor(s) general n. The number-
Administration that distributes benefits two legal officer in a government, out-
to retired workers when they be come ranked only by the Attorney General.
eligible, by virtue of age or disability, Especially the chief trial attorney for the
executive branch of the government.
22_542109 ch19.qxp 3/28/06 12:20 PM Page 242
solvency 242
statement 244
245 submit
subordination 246
subordination n. A giving of lower and when such are issued by the corpo-
ranking, class, or priority to one claim ration, before that stock is offered to the
or debt with respect to another claim or general public. See also preemptive
debt. right.
suborn v. To cause a person to do an subsidiary See corporation.
illegal or immoral act, especially in a
secretive or underhanded fashion; to sub silentio Latin. Under silence.
cause a person to perjure his or herself; Without notice being taken. If a case is
to get perjured testimony from someone. decided against precedent, the newer
case is said to have over-ruled the previ-
subornation of perjury n. The crime ous decision sub silentio.
of inducing or persuading a person to
commit perjury; sometimes shortened to substantial capacity test n. A test
simply the first word of the phrase. established by the Model Penal Code for
the insanity defense, including ele-
subpoena 1 n. Latin. Under penalty. A ments of the McNaughten rules and the
writ issued by a court commanding a test of irresistible impulse by allowing
person to appear, with penalties that the court to consider both awareness of
attach for failure to comply. 2 v. The wrongdoing and involuntary compul-
act of sending a subpoena to a witness sion. Since 1984, many jurisdictions,
or other person to secure his attendance including federal courts, have stiffened
and testimony at trial or other proceed- the rules due to the acquittal by reason
ing (such as deposition); generally, sub- of insanity of attempted presidential
poenas are obtained and sent out by the assassin John Hinkley.
lawyers, rather than directly by the
court. substantial compliance See substan-
tial performance (compliance).
subpoena ad testificandum. The most
common type of subpoena, ordering substantial performance (compliance)
a witness to testify. n. A doctrine in equity that if a good
faith attempt was made to perform the
subpoena duces tecum. Issued at the requirements of a contract, but failed to
request of one of the parties to a exactly meet the specifics, and if the
lawsuit, ordering a witness to essential aim of the contract has been
appear and bring relevant docu- met, the agreement will still be consid-
ments to the hearing. ered as having been completed. Minimal
damages for the impreciseness may be
subrogation n. 1 A paying of or an
permitted by the court. See also per-
assumption of the debt of one person by
formance.
another. 2 The passing of rights from
one party to another by virtue of the sec- substantive due process See due
ond’s assumption of a debt on behalf of process.
the first party; 3 In insurance, the right
of an insurer to recover from a third substantive law n. The law that gov-
party all amounts paid out on behalf of erns the merits of a matter or transac-
its insured. tion, as opposed to procedural law; for
instance, laws relating to manslaughter
subscription rights n. The contrac- are “substantive,” while laws pertaining
tual right of a shareholder in a corpora- to speedy trial, use of confessions, etc.,
tion to buy additional shares of stock of are procedural.
the same kind that she currently holds if
22_542109 ch19.qxp 3/28/06 12:20 PM Page 247
247 summons
249 syndicate
T
tangible adj. 1 Exhibiting physical,
touchable form; capable of being per-
ceived by sight and by touch. 2
Comprehensible to the human mind.
tangible property See property.
target n. The focus of an investiga-
tion, as in grand jury target; in corpo-
rate law, the focus of a takeover bid.
target corporation See corporation.
target letter n. Correspondence sent
to one who is scheduled to testify
tacit adj. Something implied but not before a grand jury, so as to provide
actually named, for example, there background or comment on subject of
was a tacit understanding that if she investigation.
testified against her co-conspirator,
she would not have to spend any time tariff n. 1 Term is most frequently
in prison. used to refer to a customs duty
imposed on imported and exported
tacking n. An adding together of merchandise. See also customs. 2 A
consecutive times of occupation or public document that enumerates the
possession by different persons, and services offered by a public utility or
treating those periods as a single con- carrier (freight company), along with
tinuous one, especially the uniting of the rates charged for those services.
consecutive terms of land possession
by persons other than its owner in Gatt (General Agreement on Tariffs
order to establish a continuous period and Trade). The 1977 international
of adverse possession for the agreement, signed by all of the
required statutory period, so as to major industrial nations and most
establish ownership. See also adverse other nations of the world, the
purpose of which was to promote
possession. expansion of trade by eliminating
tail See fee tail. tariffs and other trade impedi-
ments and by establishing certain
tail, estate in See fee tail. regulations promoting fairness. It
has since been superseded by the
tainted evidence See fruit of the establishment of the World Trade
poisonous tree. Organization.
251 tax
taxable 252
value added tax. A tax imposed at tax court, United States n. An appel-
each step in the production or con- late court to which taxpayers may
struction of a manufactured good appeal adverse IRS decisions and levies.
based upon the difference between Created in 1942, it replaced the Board of
the cost of producing the item and Tax Appeals.
its selling price. Abbreviated V.A.T.
tax credit n. An amount counted
witholding tax. The amount of directly dollar-for-dollar to reduce one’s
income tax that is witheld from the tax liability, rather than a reduction in
paychecks of employees and sent gross income. See also tax deduction.
directly to the government by the
employer. It is counted as a credit investment tax credit. A credit
toward that individual’s tax liability allowed for investments in personal
when tax returns are filed. property that is exclusively used for
business or is income-producing
taxable adj. Something that is subject (applicable through tax years before
to being taxed, such as property or 1986).
earned income; the amount or portion on
which a tax is assessed. tax deduction n. A reduction in gross
income in order to reduce one’s income
taxable estate See estate. tax liability. It is worth a percentage of
what a tax credit is worth. See deduc-
taxable gift n. The part of a gift that, tion. See also tax credit.
after allowable deductions are made, is
subjected to the unified estate and gift tax evasion n. This term is generally
tax. used to designate criminal tax fraud, in
which the taxpayer intentionally and
taxable income See income. deliberately understates her income or
overstates her deductions and/or credits
tax avoidance n. The act of taking for the purpose of underpayment of tax
advantage of legal tax-planning opportu- liability. Contrast tax avoidance, the
nities and shelters in order to minimize legal minimization of tax liability by
one’s income tax liability. See also tax aggressive interpretation of tax law.
evasion, which is not legal.
tax exempt adj. Not subject to tax.
tax benefit doctrine n. The principle This term is usually descriptive of inter-
that if a loss was suffered in a previous est on municipal and state government
year and taken as an income reduction bonds, which (since 1913) have been
for tax purposes, and an insurance reim- exempt from federal income taxes. This
bursement for that loss is received in is viewed as a form of federal revenue
the current year, that reimbursement sharing.
must be counted as part of gross income
for the current year, at least in the tax lien n. Encumbrance placed upon
amount of the reduction previously property or assets following nonpay-
taken. ment of taxes.
tax court n. 1 The United States tax taxpayer n. The one who bears the tax
court. 2 A court in some states that liability for any particular transaction.
hears appeals in non-federal cases and Even though a partnership may receive
that has the power to modify assess- income, each individual partner is liable
ments, valuations, tax classification, or for the taxes on that income.
appeals.
23_542109 ch20.qxp 3/28/06 12:20 PM Page 253
253 tenancy
tax-preference items n. Those arti- general is any right to hold property, but
cles that, even though taken as deduc- in a more limited sense it is holding that
tions or credits on one’s tax return, must property in subordination to someone
nonetheless be considered when com- else’s title, as in a landlord-tenant rela-
puting the taxpayer’s alternative mini- tionship. The many types of tenancy
mum tax. include the following:
tax rate n. A percentage of net income cotenancy. An occupancy or posses-
used to compute one’s income tax liabil- sion held by two or more persons
ity. Currently, there are three brackets who have unity of possession. See
for computing federal income tax. The also unities.
percentage one pays increases, as holdover tenancy. See tenancy at suf-
income increases, enough to move one ference.
from one bracket into a higher one of
those three. See also tax. joint tenancy. A tenancy with two or
more tenants having identical inter-
tax return n. A form issued by the fed- ests and who take over simultane-
eral government, many state govern- ously by the same instrument and
ments, and some municipalities on having the same right of posses-
which a person reports income, deduc- sion, along with the right of sur-
tions, exemptions, and credits and then vivorship to the share of the other.
In some states, that must be
uses those figures to calculate income- expressly conveyed. See also uni-
tax liability. ties.
tax shelter n. A transaction or invest- periodic tenancy. A tenancy that
ment by which a taxpayer shelters some automatically continues for
or all income from tax liability because repeated consecutive periods of
of tax credits or applicable deductions. time, be it month to month or year
Abuses of tax shelters resulted in exten- to year, unless notice of termination
sive reform of the Internal Revenue is given at the end of a period. This
Code, restricting loss from a business or is typified in a metropolitan apart-
an investment to only the capital that is ment building’s lease.
at risk. This greatly reduced the avail- tenancy at sufference (holdover ten-
ability of tax shelters. ancy). This tenancy arises when one
who had lawful possession of prop-
temporary adj. Something that will erty remains wrongfully and contin-
last for only a limited period of time; ues to occupy that property after
transitory. Temporary is meaningless her legal term has expired. This
with regard to the duration of the length usually takes the form of a periodic
of time that it will last; however, it is tenancy or a tenancy at will. See also
used to designate absence of perma- holdover.
nence. tenancy at will. A tenancy where no
temporary restraining order See formal terms for rent or duration
exist, but the person holds posses-
restraining order. sion with the landlord’s consent.
tenancy n. 1 The occupancy or pos- This type of tenancy may be termi-
nated by either tenant or landlord
session of land under the terms of a upon fair notice being given.
lease; an interest in real estate by virtue
of a leasehold. 2 The period of such tenancy by the entirety. The joint
occupancy or possession. 3 Tenancy in ownership of property by husband
23_542109 ch20.qxp 3/28/06 12:20 PM Page 254
tenant 254
and wife when a single instrument sors to corporate takeover moves. The
conveys the property to both; an Williams Act of 1968 was passed by
indivisible interest in real property Congress to regulate tender offers so
held by a married couple. that shareholders can make an informed
decision about whether or not to tender
tenancy for a term. A tenancy whose
their shares for sale.
duration is specified in days, weeks,
months, or years from its creation. tenement n. 1 Any building, struc-
ture, or house attached to the land. 2
tenant n. 1 The possessor or occupier
Any property held by freehold. 3 A
of land by virtue of any kind of title or
building used as a residence. See also
right. See tenancy. 2 One who pays
tenement house.
rent in order to temporarily occupy or
possess someone else’s land under the dominant tenement. Property that
terms of a lease or similar document. carries with it the right to use part
See lessee. of an adjoining property.
life tenant. a person with the right to servient tenement. Property that con-
use property for life, with no ability tains features used by occupier of
to bequeath same to own heirs. adjoining property, as with an ease-
ment.
tenantable repair n. A repair that is
necessary to render a premises fit for tenement house n. An apartment
current human habitation. See habit- building, especially a dilapidated low-
ability. rent building that meets, at best, mini-
mal conditions of sanitation and safety.
tender n. 1 An unconditional offer of
performance in order to satisfy a debt. It tenure n. 1 An ancient hierarchical
may be offered to save the party making system of land possession or holding in
the tender from a penalty for nonpay- subordination to a superior. 2 The sta-
ment or lack of performance. On the tus afforded teachers and professors,
other hand, if the other party should long considered a cornerstone of aca-
refuse the tender without a justifiable demic freedom of protection against dis-
reason, that party may be placed in missal without adequate cause. 3 A
default. 2 Something offered in order general legal protection of a long-term
to settle a debt or obligation. 3 An relationship, such as employment.
offer put forward in hope of acceptance.
4 Something that serves as a means of tenurial ownership See tenure.
payment, such as banknotes or coin (as
in, legal tender). terminable interest n. An interest in
property that will end upon the passage
tender of delivery. The placement by of time, the occurrence of an event, or
a seller at the disposal of the buyer, the failure of an event to occur. It
that is, arranging delivery of those applies to a class of property that usu-
paid for goods in a timely manner. ally does not qualify for a marital deduc-
tender offer n. A corporate law offer tion under the federal estate and gift tax
to buy all shares of a corporation’s stock regulations.
up to a certain number by shareholders term of art n. Slang. A word specific
at a fixed price (usually higher than to a specific discipline and having a spe-
market value) within a certain period of cial meaning within that discipline other
time. Tender offers are usually precur- than what it is understood to mean in
23_542109 ch20.qxp 3/28/06 12:20 PM Page 255
255 theocracy
common usage. For example, in com- test case (action) See case.
puter jargon, “to burn” is to record a CD,
and “to rip” is to record a DVD. testify v. 1 To tell a court what perti-
nent information to a case one has,
territorial court n. A court created by while under oath, and while the defen-
Congress under Article IV of the dant is present. 2 To bear witness.
Constitution of the United States that
endows Congress with the power to testimonial immunity See immunity.
make rules and regulations respecting
testimony n. Statements made by
the territory or other property of the
competent witnesses, who have been
United States.
sworn in at a trial or deposition or in an
territorial jurisdiction n. The geo- affidavit. Although frequently used syn-
graphical area over which a government onymously with evidence, the latter is
or governmental subdivision has power. the broader term and encompasses both
testimony and physical evidence.
territorial waters n. All inland water-
ways and all waters on a country’s expert testimony. Testimony given by
coastline within three geographical an individual with special qualifica-
tions or credentials that enable him
miles of that coastline. to provide information to the fact-
terrorism n. The threat or actual use finder to assist with resolving the
ultimate facts in issue. Also known
of violence in order to intimidate or cre- as “opinion testimony,” because, as
ate panic, especially when utilized as a opposed to “fact witnesses,” expert
means of attempting to influence politi- witnesses are permitted to give
cal conduct. their opinions.
testacy n. The condition of having left theft n. 1 Larceny; the unlawful expro-
or leaving a valid will at the time of priation of someone else’s property with
one’s death, rather than intestacy. See the intent of keeping it from its rightful
also intestate. owner. 2 In its broadest sense, any
example or act of stealing, which
testament n. A document disposing of includes burglary, embezzlement, false
a person’s personal property upon his or pretenses, fraud, and larceny. While lar-
her death, distinct from a will, which is ceny is generally categorized as petty or
a devise of real estate. grand depending on the value of the
testamentary capacity See capacity. goods taken, theft is generally catego-
rized by the type of property stolen.
testamentary intent n. A testator’s
intention that a document should func- identity theft. The misappropriation
of another’s confidential and per-
tion as his last will and testament, the sonal information such that the one
determination of which is up to probate taking such data can use such infor-
court. See also testator (testatrix). mation to pass as the other by sub-
mission of credit documents,
testamentary trust See trust. forging of identification cards, etc.
testator (testatrix) n. One who makes theocracy n. 1 A country or state
a will, especially one who dies and whose government derives its power
leaves a will. Because testator has come directly from God or another divine
to be applied to both sexes, the use of spirit. 2 A country or state in which
the feminine testatrix has become obso- government powers are vested in the
lete. See also intestate, testacy, and clergy.
testament.
23_542109 ch20.qxp 3/28/06 12:20 PM Page 256
two aspects, as had been the case trade secrets n. Formulas, devices, or
before. It had been used as a measure of other manufacturing or business pat-
whether a defendant’s privilege against tern, and so on that are kept confidential
self incrimination had been violated, but in order to continue an advantage over
since the advent of the Miranda rule the competition. Whatever the secrets
(1966), that use has become obsolete. It are, they are not protected by patent, so
is now used to determine whether a their owner holds no formal protection.
defendant consented to a warrantless Once a trade secret is leaked or discov-
search, and whether probable cause ered by analysis, the discoverer is free to
exists for the issuing of a search warrant. use it to his or her own advantage.
total loss n. An insurance contract trade usage See usage of trade.
concept that is said to exist if property
is destroyed to the extent as to be no traditionary evidence n. Statements
longer useful for the purpose for which of fact based on longstanding tradition
it was intended, or that renders it use- and reputation derived from a deceased
less and of no value to its owner. person. It may be used to prove ancient
boundaries, ancestry, or similar facts,
to wit adv. Archaic. That is to say; especially when there are no living wit-
namely. Sometimes spelled “to-wit,” or nesses to testify to something.
“towit.”
transaction n. 1 An act of carrying
tract index n. An index usually kept out some form of business between two
in the county recorder’s office and list- persons. 2 A business agreement or
ing each parcel of land according to its exchange. 3 Any activity in which two
location, along with all transactions or more persons are involved.
involving it. See also abstract of title
and chain of title. closed transaction. A transaction
that is complete, so that the actual
trademark n. 1 Any phrase, name, realized gain may be calculated for
word, or graphic logo used by one man- tax purposes.
ufacturer or marketer to distinguish its open transaction. A transaction in
products from those of all others. A which all the events have not yet
trademark’s main purpose is to assure occurred, and so the computation of
the genuineness of an article, and it is taxes on that transaction is not yet
roughly equivalent to a commercial sig- possible.
nature. For a trademark to be eligible
for federal protection, it must be distinc- sham transaction. A transaction that
tive, attached to a product that is actu- will be disregarded for tax purposes
ally marketed, and registered with the because it has no real substance.
United States Patent and Trademark transactional immunity See immunity.
Office. 2 The body of law that is con-
cerned with how businesses uniquely transaction or occurrence test n.
differentiate their products. test used under federal law to determine
whether a particular claim should have
tradename n. The name under which been filed as a counterclaim and will be
a company or person does business. Note barred from future filing as a separate
that a tradename (or commercial name) claim. The four separate suggested
applies to a business and its good will, as tests are: 1) Are factual and legal claims
distinct from a trademark, which applies raised by claim and counterclaim really
only to a marketable commodity. the same? 2) Would a later suit be
23_542109 ch20.qxp 3/28/06 12:20 PM Page 259
treasury 260
261 trust
U
unconscionable adj. So harmful to
the interests of one of the parties to an
agreement or contract as to make that
paper unenforceable and, therefore, null
and void.
unconstitutional adj. In conflict with
the letter or intent of the United States
Constitution. When a statute is found to
be unconstitutional, all obligations aris-
ing from it are unlawful, and no person
can be held accountable for having
failed to live up to his or her obligations
under that statute, nor is the statute
U3C See Uniform Consumer Credit enforceable.
Code.
uncontrollable impulse n. An
UCC See Uniform Commercial Code. impulse so overwhelming that it cannot
be resisted. See also irresistible
UCCC See Uniform Consumer Credit impulse test and insanity.
Code.
under protest n. Complying with an
ultimate facts See fact. obligation while asserting an objection to
ultimatum n. The final offer in negoti- the obligation. For instance, when paying
ating an agreement, carrying with it the a disputed debt, the payor may note that
implication that if it is not accepted, bar- it is being paid “under protest,” thereby
gaining will cease. preserving any claim he may have for
subsequent repayment.
ultra vires adj. Latin. In excess of, or
outside of powers; that which is beyond under the influence See driving
a corporation’s or an agency’s author- while intoxicated.
ized power. A corporation’s ultra vires undisclosed principal See principal.
activity may lead to its forfeiting its
charter of incorporation. undue influence n. A persuasive
power sufficient to sway the free will of
unavoidable accident n. See acci- a donor or testator. Such influence con-
dent. stitutes just cause for a court to nullify
unclean hands n. The doctrine that a a will or invalidate a donor’s gift. A con-
party seeking damages or redress in a tract may not be binding if one party has
suit cannot have done anything illegal undue influence over the other; for
or dishonest himself in the transaction example, one between an employer and
with which the suit is concerned; an an employee or between a priest and a
equitable principle stemming from the penitent.
concept that one who has done wrong unethical adj. Not in accordance with
should not recover from another who the moral standards customarily fol-
may also have done wrong. See also lowed in a business or professional rela-
clean hands. tionship. See also conflict of interest
unconditional discharge n. 1 A and Model Rules of Professional
release from a debt with no further obli- Conduct.
gations to fulfill. 2 A release from con- unfair competition n. Misrepresent-
finement without the requirement of ing the reputation, name, or good will of
spending time on parole. a company or person as that of another;
24_542109 ch21.qxp 3/28/06 12:20 PM Page 265
267 uxor
V
contractual consideration. See also fair
market value.
value-added tax See tax.
vandalism n. Deliberate defacing or
destruction of property; ignorant defac-
ing of anything beautiful or treasured,
such as a work of art, architecture, or a
valued building. Ignorance or malice is
usually inferred.
variance n. 1 A discrepancy between
two documents or statements that
should agree; especially in a criminal
vacate v. 1 To set aside or make void;
trial, a disparity between what is alleged
to nullify; to vacate a judgment. 2 To
in the charges and what is presented at
physically leave, as in “to vacate the
trial as proof. 2 In zoning law, an
building. See also abandonment and
exception to a specified zoning regula-
overrule.
tion that may be granted by a zoning
vagrancy n. A vague, poorly delin- board or authority; for example, reduc-
eated set of minor offenses (dating from ing the number of required parking
the downfall of feudalism in England, spaces for a business below the number
when there was an acute shortage of set forth in zoning regulations as being
laborers), such as being in a condition of required for a business of that size or
unemployment, wandering from place to type.
place with no apparent purpose, and
vend v. To sell for money or other
having no visible means of support.
valuable consideration. (The term is not
More recently, the police have utilized
usually used to refer to real property,
vagrancy statutes for arresting persons
although its other forms, vendor and
thought to have committed a crime,
vendee, are.)
when lack of probable cause for the per-
son’s arrest is lacking. Vagrancy vendee n. A purchaser, especially in a
statutes have not been well received by contract to purchase real estate; a
the courts, due to their abuse, and have buyer.
often been declared unconstitutional
due to their vagueness, and their ignor- vendor n. The person selling, espe-
ing of due process. cially in the case of real property. The
term seller is more frequently used
vagueness See void for vagueness. when referring to transactions involving
personal property.
valid adj. 1 Legally binding, such as a
valid agreement. 2 Having merit, as vendor’s lien. A lien on real property
in, “given the facts presented in this held by the seller until the purchaer
case, it is valid to conclude that she did has made full payment.
what she was charged with having
done.” venire n. Latin. A panel of jury duty
selectees, from among whom the actual
valuable consideration See consid- jury will be chosen.
eration.
venire de novo. A calling of a new
value n. 1 What something is worth in jury panel for the purpose of hold-
monetary terms, or in money; a thing’s ing a second trial, in cases where a
market worth. 2 The usefulness or first trial has failed to render a ver-
dict.
desirability of something. 3 Adequate
25_542109 ch22.qxp 3/28/06 12:21 PM Page 269
269 veto
venue n. Usually, the locality within special verdict. A jury verdict that
which the trial or suit will take place, as sets forth findings on the merits of
sometimes there may be several places each factual issue posed by the
where jurisdiction could be established. court, then used by the court in
Venue is often a matter of convenience applying the law to the facts that
to the parties in a civil suit. In a criminal were found to have merit. When
suit, where it may be difficult to applied in a criminal case, where
empanel an impartial jury (due to exten- the judge directs the jury to render
sive publicity or other considerations), a special verdicts on specific charges
change of venue may be sought. See also in a case, such action has been
forum nonconveniens. declared to be unconstitutional, as
the defendant is entitled to a gen-
veracity n. 1 Honesty; credibility; eral verdict.
truthfulness, as in, “the witness’s previ-
ous criminal record brings into question verification n. A statement attesting
his veracity.” 2 The accuracy of an to the truth, correctness, or authenticity
account of an event. of the things avowed in a written state-
ment; an affidavit attached to a written
verdict n. The conclusion of a jury, or statement affirming its truthfulness.
of a judge in a non-jury case, of what the
facts are or were. A verdict, being a find- vertical price fixing See price fixing.
ing of fact, is different from a judgment
or a judicial decision. The trial court vertical privity See privity.
may choose to accept or to disregard the
vested n. An unconditional right of
verdict in determining judgment.
current or future enjoyment of title to
compromise verdict. A verdict and actual possession of property,
achieved by some juror giving in on whether personal or real. See also
one of his or her misgivings in contingent.
exchange for another juror’s doing
the same, in order to avoid a dead- vested estate. See estate.
lock or extended period of delibera-
tion. Such an exchange, although vested interest. A current right or
considered improper, happens often. title to possess a thing, even though
the actual possession may not take
general verdict. A verdict that simply place until sometime in the future.
declares which side wins, without
finding any special facts to be true. vested remainder. A property in the
estate of a deceased that is limited
partial verdict. A verdict in a crimi- to a certain specified person, whose
nal case that finds the defendant enjoyment of same may be deferred
guilty of some charges but innocent to some future time.
of others.
veto 1 n. The power of one branch of
quotient verdict. An improper verdict
in a damage case, whereby the government to prohibit a certain action
jurors find the arithmetic mean of by another; for example, the chief exec-
what they think are appropriate utive’s right to refuse to sign a legisla-
damages; that is, the total of what ture-passed bill into law. 2 v. The act
each juror believes should be of refusing or canceling the act of
awarded, divided by the number of another or the passage of a law.
jurors to arrive at the amount of the
award.
25_542109 ch22.qxp 3/28/06 12:21 PM Page 270
W
waive v. 1 To voluntarily give up,
abandon, or surrender a right, privilege
or claim. Usually, a right may only be
waived if the person so doing has full
knowledge of what the consequences
might be. 2 To abstain from insisting
on a formality, such as an extradition
hearing prior to extradition.
waiver n. 1 A voluntary relinquishing
of a right or privilege. Although a waiver
may result from an explicit surrender or
by circumstances, courts frown on
accepting waivers of constitutional
W-2 form n. A federal tax form, rights. The party waiving a right must
copies of which are provided by the have knowledge of that right and the
employer to employees and to the IRS, informed intention of surrendering it.
stating total earnings; federal, state, 2 The paper by which a person surren-
and municipal taxes withheld; FICA ders his or her rights; for example, when
taxes; and various other deductions the courier delivered the package, the
including contributions to retirement recipient may sign a waiver relieving the
accounts, unemployment insurance (in former of any further responsibility.
some states), and health insurance (in
certain states). express waiver. A deliberate and vol-
untary waiver.
W-4 form n. A federal tax form, on
which the employee indicates the num- implied waiver. A waiver of certain
rights based upon the action of the
ber of personal exemptions she will be waiving party. For example, if a per-
claiming so that the employer can calcu- son tells a courier he does not care
late the amount of federal income tax what condition a package is in as
to be withheld from that employee’s long as it arrives by a certain time,
paycheck. that person has waived the right to
require the courier to treat the par-
wage n. The payment to an employee, cel with the normally expected care.
usually based on hours worked or quan-
tity of goods or services produced. prospective waiver. A waiver of some-
thing that may occur in the future;
wager n. 1 Money or other considera- for example, the right to participate
tion put at risk on a gamble, a bet, or in an award from a future, antici-
some other uncertain occurrence. 2 pated law suit. Prospective waivers
Money promised if a certain event are often deemed to be unenforce-
should occur. able, as the party giving up a right
cannot, by definition, know the
waiting period n. The amount of time parameters of what is being given
that must pass before a right is given, up.
as, for example, registration of a hand-
gun, or grant of a marriage license; in want of consideration n. The lack of
insurance policies, the period of time consideration in exchange for goods or
during which a policyholder must wait services, may form the basis for a con-
before starting to collect benefits, e.g., tract to be unenforceable. See also con-
as with a 90 day wait after disability sideration.
commences before disability benefits
will start to be paid by the insurance
company.
26_542109 ch23.qxp 3/28/06 12:21 PM Page 274
Westlaw 276
Westlaw n. An online legal research last will and testament. Phrase com-
service for legal and law-related materi- monly used to refer to the latest
als and services, including searches of (most recent) instrument directing
United States and international legal the disposition of the personal prop-
materials, federal and state statutes, erty of the signer(s).
and legal periodicals; maintained by the mutual wills. See reciprocal will.
West Group of Thomson Learning, Inc.
nuncupative will. An oral will dic-
white-collar crime n. A phrase denot- tated by the testator just before
ing a variety of nonviolent crimes and death, before a certain number of
commercial offenses committed by busi- witnesses (depending on state law),
ness people, public officials, and con and put in written form after death;
artists. Consumer fraud, bribery, stock generally invalid in most states.
manipulation, and embezzlement are
willful adj. 1 In civil law, intentional,
among the improprieties in this cate-
voluntary, knowing; distinguished from
gory.
accidental, but not necessarily mali-
wilful See willful. cious. 2 In criminal law, an act done
stubbornly or with an evil intent.
will n. 1 Desire, intent, choice, as in,
“she exercised her own free will.” 2 A winding up v. The process of dissolv-
document spelling out what is to be ing a partnership or corporation by col-
done with the person’s (testator’s) lecting all assets and outstanding
belongings after she has died. Such doc- income, satisfying all the creditors
ument has no force while the person is claims, and distributing whatever
alive and may be altered or revoked at remains (the net assets). These may be
any time, but becomes applicable at the distributed as cash or in kind, first to
time of the testator’s death to whatever preferred stockholders, if any, and then
the conditions of the estate are at the to remaining shareholders, if any, pro
time of death. The difference between a rata. Winding up is in anticipation of a
deed and a will is that a deed passes an company’s dissolution. See also liqui-
interest upon delivery, while a will is date.
effective only on death.
wiretap 1 n. The listening in of any
estate at will. The right of a grantee wire or oral communication by use of
to use and possess land by mutual electronic or mechanical means; gener-
agreement (or will) with the ally illegal where both parties to the
grantor; the right to use the prop- communication are unaware of the wire-
erty terminates when the will of tap. Unauthorized use or possession of
either party ends. wiretap devices is prohibited under
holographic will. See holographic state and federal law. 2 v. The act of
will. placing an electronic device to listen in
on oral communications. See also bug-
joint and mutual will. One will exe- ging, and pen register.
cuted by two or more persons with
reciprocating provisions of consid- withholding n. 1 The portion of
eration of each to the other. earned wages that an employer deducts
to cover income tax purposes and for-
joint will. A single will signed by
two or more persons but that is not wards to the government. 2 The
necessarily reciprocating or mutual. process by which the employer makes
the deduction. See also W-2 form and
W-4 form.
26_542109 ch23.qxp 3/28/06 12:21 PM Page 277
XYZ
yellow dog contract n. A document
required of an employee by the
employer, as a condition of employment,
in which the employee promises not to
join a labor union, with penalty for
breach being the termination of employ-
ment. Federal laws, including the
National Labor Relations Act, have
made such contracts illegal.
yield 1 v. To let go of or forego some-
thing 2 n. The monetary return from
an investment.
Part II
APPENDICES
28_542109 pt02.qxp 3/28/06 12:21 PM Page 282
29_542109 appa.qxp 3/28/06 12:22 PM Page 283
283
29_542109 appa.qxp 3/28/06 12:22 PM Page 284
285 Abbreviations
287 Abbreviations
porations, or even other LLCs. Members ciation of securities firms based in New
have some of the same protection as York City.
stockholders in a corporation, espe-
cially, no personal liability. OSHA Occupational Safety and Health
Administration. An agency of the fed-
L.L.M. Master of Laws degree. eral government established by Act of
Congress in 1970 that creates and
LMRA Labor Management Relations enforces rules governing the safety of
Act. A 1947 federal law designed to pro- workers in the workplace. The agency
tect employers, employees and the pub- routinely inspects workplaces and
lic. It governs union activities and issues citations for businesses that are
provides an arbitration mechanism for in violation of its standards. The agency
strikes that cause national emergencies. is a part of the Department of Labor.
MACRS Modified Accelerated Cost P.A. Professional association.
Recovery System. An accounting
approach for the rapid depreciation of pat. pending A designation attached
assets. to a product while the Patent Office is
considering the patent application. Such
m.o. Modus operandi. Latin. A method a designation imparts no protection
of operating. against infringement unless the actual
patent is eventually granted.
NASDAQ National Association of
Security Dealers Automated Quotation P.C. Personal computer; politically
system. An automated national stock correct; probable cause; professional
exchange. corporation; and protective custody.
n.b. Latin. Nota bene; used to empha- PCR Stands for polymerase chain
size or call notice to something. reaction, the newest (at this writing)
method of DNA analysis. Using PCR
NLRA National Labor Relations Act.
technique, it is possible to analyze a bio-
A federal law governing certain labor
logical specimen that is one-tenth the
issues and creating the National Labor
size of that required for the older RFLP
Relations Board.
method. It also gives quicker results,
NLRB National Labor Relations but the analysis is not as discriminating
Board. A federal labor agency that over- as RFLP.
sees union elections and other labor
PCR actions Post-conviction relief
issues.
proceedings. Federal or state procedure
NSF A banking term meaning “not whereby a convicted criminal can
sufficient funds.” request that a conviction or sentence be
corrected or vacated.
NSF check. Not sufficient funds
check. A check that a drawee bank P.D. Police department; also public
may not pay because the drawer has defender.
insufficient funds on deposit to
PSA Property settlement agreement.
cover it when it is presented for pay-
ment. Q The abbreviation used in trial tran-
scripts and depositions to mark each
NYSE New York Stock Exchange. A
question asked.
national exchange operated by an asso-
29_542109 appa.qxp 3/28/06 12:22 PM Page 288
QDRO Qualified domestic relations R.S. Revised statutes. Laws that have
order. Any decree, judgment, or order been changed, altered, amended, or
that recognizes the right of one person reenacted by a legislative body. A reen-
(the alternate payee) to participate actment is generally thought of as hav-
either totally or partially in the pension ing the effect of a repeal and replacement
of another (the participant). The alter- of the former law.
nate payee must be a dependent child,
spouse, or former spouse of the partici- S.E.C. Securities and Exchange
pant. This is an exception to the ERISA Commission. The federal administrative
rule, proscribing the assignment of plan agency established by the Securities
benefits. Exchange Act of 1934, in order to super-
vise and regulate the issuing and trading
rev. proc. Revenue procedure. An offi- of securities and to eliminate fraudulent
cial IRS statement spelling out the or unfair practices. It is a regulating
administrative practices used by the agency and is not judicial in nature,
IRS. For example, methods for obtaining although it may pursue judicial remedies
a private ruling are often spelled out. in federal court.
rev. stat. Revised statutes. Laws that S.L. Session laws or statute laws. See
have been changed, altered, amended, or also session laws. A bound volume of
reenacted by a legislative body. A reen- the statutes enacted by a legislative
actment is generally thought of as hav- body during a single annual or biennial
ing the effect of a repeal and session; a collection of all of those afore-
replacement of the former law. mentioned statutes.
RFLP Restriction Fragment Length T.R.O. Temporary restraining order. A
Polymorphism. The older and more restraining order is always temporary,
discriminating form of DNA testing. because it is ordered without a hearing.
Restriction Fragment Length Poly- This distinguishes it from an injunction.
morphism is a process that breaks DNA A court order issued to prevent a family
strands into tiny fragments at specific member or other party from harassing,
points on the DNA chain. Also known as threatening, harming, seizing the prop-
HLA DQ Alpha, or simply DQ Alpha. erty of, and sometimes even approach-
ing or having any kind of contact with
RICO Racketeer Influenced and another; a court order issued to tem-
Corrupt Organizations Act. This law, porarily prevent a transfer of property,
enacted in 1970, is designed to fight pending a hearing.
activity by organized crime and to pre-
serve the integrity of the interstate and U3C See UCC
international marketplace by investigat-
ing and prosecuting individuals conspir- UCC Uniform Commercial Code. A law
ing to participate or actually participating governing the sale of goods, commodi-
in racketeering. Note that it has no force ties, and bank transactions. With some
in intrastate commerce. modifications, this law has been adopted
by all 50 states and in the District of
ROR Release on own recognizance. A Columbia and the U.S. Virgin Islands.
pretrial release of an arrested person
without bail, on that person’s promise to UCCC See UCC
appear for trial when it is appropriate to
do so.
29_542109 appa.qxp 3/28/06 12:22 PM Page 289
289 Abbreviations
ad hominem adj. Latin. “To the per- amicus curiae n. Latin. “Friend of the
son.” Appealing to personal prejudices court.” One who is not a party to an
instead of reason; attacking one’s char- action but petitions the court or is
acter rather than his arguments. invited by the court to provide informa-
tion or submit her views because she
ad litem Latin. “For the suit.” For the has a strong interest in the case at hand
purposes of, or pending, the particular or a perspective that may not be ade-
lawsuit. quately presented by the parties.
ad testificandum Latin. “For testify- animus adj. Latin. “Purposefully;
ing.” See subpoena (subpoena ad testifi- intentionally.” 1 Animosity; hostility;
candum). See also habeas corpus. ill will; strong dislike; hate. 2 The ani-
mating thought, intention, or purpose of
ad valorem Latin. “In proportion to its an act.
value.”
ante Latin. “Before.” Before in time,
ad valorem tax. A proportional tax order, or position; in front of. See also
imposed upon something’s value, post.
291
30_542109 appb.qxp 3/28/06 12:22 PM Page 292
caveat n. Latin. “Let him or her corpus delicti n. Latin. “Body of the
beware.” 1 An admonition, caution, or crime.” The objective evidence that
warning. 2 A formal notice or warning there has been an injury (physical or
given by a party to a judge or other court otherwise) or loss and that it was
officer concerning his or her behavior caused by the criminal act of some per-
and requesting a suspension of the pro- son or thing.
ceeding until the merits of the notice or
warning are determined. 3 A formal corpus juris n. Latin. “Body of law.”
notice to a court or public official that The law in general, especially when
the notifier has an interest in a matter or compiled, codified, and published in a
property and requests the suspension of single text or in a series consisting of a
some procedure or proceeding concern- collection of individual laws. Abbrevi-
ing the matter or property until the noti- ated c.j.
fier is given a hearing. cy pres French. “As near as.” The equi-
caveat emptor n. Latin. “Let the buyer table doctrine that a deed or will whose
beware.” The legal principle that, unless terms cannot be carried out may be mod-
the quality of a product is guaranteed in ified by a court so that the intent of the
a warranty, the buyer purchases the instrument’s maker can be fulfilled as
product as it is and cannot hold another closely as possible.
liable for any defects. Statutes and court dehors French. “Outside” or “beyond
decisions concerning products liability the bounds of,” as in matters that are
and implied warranties have substan- dehors the trial record or the pages of a
tially altered this rule. written agreement.
certiorari n. Latin. “To be more fully del credere adj. Italian. “Of belief or
informed.” A writ issued at the discre- trust.” Used in connection with agents
tion of an appellate court directing a who guarantee the good faith or finan-
lower court to certify and deliver the cial capability of the persons or entities
record of a case that is not appealable as on whose behalf they act. See also
of right to the appellate court for possi- agent.
ble review. See also appeal and writ of
error. delict n. From the Latin delictum, “an
offense.” A breach of criminal or civil
cognovit n. Latin. “He has conceded.” law.
An acknowledgment of a debt or liability
in the form of the debtor’s written con- duces tecum Latin. “To bring along.”
sent to a judgment taken against the A type of subpoena that requires a wit-
debtor by the creditor, if a particular ness to bring specified documents when
event does or does not occur. he or she appears in court or for a depo-
sition.
corpus n. Latin. “Body.” 1 The main
body, mass, or part of something. 2 A ejusdem generis Latin. “Of the same
collection of things that, when together, category.” A legal principle stating that
can be considered or regarded as a sin- a general phrase following a list of spe-
gle thing (such as a collection of writing cific items refers to an item of the same
by an author). 3 The capital or princi- type as those in the list.
pal sum (as opposed to income or inter-
est). 4 The property or subject matter
of a trust.
30_542109 appb.qxp 3/28/06 12:22 PM Page 294
in limine adv. Latin. “At the outset.” within the court’s jurisdiction, as a
step toward obtaining monetary
motion in limine. A motion to limit damages against an individual who
the evidence that will be submitted is outside the jurisdiction of the
to the jury, by excluding matters court.
that are not relevant, are prejudi-
cial, or are otherwise inadmissible inter alia adv. Latin. “Among others.”
under applicable rules.
in terrorem adj./adv. Latin. “In ter-
in loco parentis Latin. “In the place of ror.” A characteristic marked by threat
a parent.” Acting in place of a parent. or warning.
innuendo n. Latin. “By nodding to” or in terrorem clause. A provision in a
“by hinting.” 1 An indirect or suggestive contract or will that warns a benefi-
remark, usually a disparagement of ciary or party not to engage in cer-
someone. 2 A section in a libel plead- tain behavior, by providing a
ing explaining the plaintiff’s construc- prospective penalty for such behav-
tion of the defendant’s allegedly libelous ior.
utterances.
inter se Latin. “Among themselves.”
in pais French. “In the country.”
Archaic. Outside of court. inter vivos adj. Latin. “Between the
living.”A conveyance of property
in pari delicto Latin. “At equal fault.” between living parties and not by
bequest.
in pari materia Latin. “In the same
matter.” On the same topic or pertaining in toto adv. Latin. “In entirety.”
to the same subject matter.
ipse dixit Latin. “He himself said it.”
in personam adj. Latin. “Against the Asserted but unproven.
person.” Pertaining to a person or per-
sonal rights or interests, as opposed to ipso facto Latin. “By the fact itself.”
in rem. As a matter of fact.
in posse Latin. “In possibility.” Latent; jurat n. Latin. From jurare, “to swear.”
not currently in existence. A certification at the bottom of an affi-
davit or deposition by a notary public
in praesenti Latin. “Currently; at that states the paper was signed, and
present.” thereby sworn to, in his or her presence
by the individual who signed it.
in re Latin. “In regard to.” Used in the
title of cases involving an interest in jus tertii n. Latin. “The right of a third
property. party.” The rights of third parties
affected by a controversy or claim.
in rem adj. Latin. “Against a thing.”
Pertaining to a thing or to property. laches French. “Lax; negligent.”
Litigation in rem (as opposed to in per- Equitable doctrine that precludes or lim-
sonam) determines the respective rights its relief to one who delays in acting or
to property that has been brought before bringing a claim.
the court.
lex fori n. Latin. “The law of the
quasi in rem. A type of case initiated forum.” Law of the jurisdiction where an
by the seizure of property that is action is pending.
30_542109 appb.qxp 3/28/06 12:22 PM Page 296
lex loci contractus n. Latin. The law nisi prius n. Latin. “Unless before
of the place where a contract was signed then.” Refers to a court in which a jury
or is to be performed. is the ultimate finder of fact.
lex loci delicti n. Latin. The law of the nolens volens adj./adv. Latin. “Willing
place where a wrong was committed. or unwilling.” Willing or not.
lis pendens n. Latin. “A pending law- nolo contendere Latin. “I do not wish
suit.” 1 A court’s authority over property to contest.”A plea available in certain
resulting from a pending lawsuit. 2 A jurisdictions in which a party declines to
notice filed in a government office with contest a charge without formally admit-
the title documents pertaining to real ting guilt.
property, giving notice to the public that
the property is the subject of a litigation. non compos mentis adj. Latin. “Not of
sound mind.” Mentally incompetent.
locus n. Latin. “Place.” The place or
location of a thing or event. non obstante veredicto n. Latin. “Not
withstanding the verdict.” A judgment
locus delicti n. Latin. “Place of the notwithstanding the verdict, in which a
wrong.” The place where a crime was jury verdict is set aside by the judge as
committed. being factually or legally invalid.
locus in quo n. Latin. “Place in which judgment non obstante veridicto
or where.” The place where an event (j.n.o.v.). Judgment notwithstanding
allegedly occurred. the verdict. In rare cases, a judge
may enter a judgment in favor of
malum in se n. Latin. “Evil in itself.” one party despite a jury’s award
An act, such as murder, that is inher- against that party; generally in
ently evil or immoral. cases where the evidence was such
that no reasonable jury could have
malum prohibitum n. Latin. “Prohib-
come to the determination that it
ited evil.” An act that is wrong solely
did.
because prohibited by law, as opposed to
malum in se. non prosequitur Latin. “He does not
prosecute.” A judgment against a plain-
mandamus n. Latin. “We command.”
tiff who has abandoned the case.
A writ issued by a court to compel a pub-
lic official (including the judge of a non sequitur n. Latin. “It does not fol-
lesser court) to perform a task or duty. low.” A conclusion or a statement that
does not logically follow from what pre-
mensa et thoro Latin. “Bed and
ceded it.
board.”
noscitur a sociis Latin. “It is known
mens rea Latin. “Guilty mind.” The
by its associates.” A rule of interpreta-
defendant’s guilty state of mind, as an
tion that states that the meaning of
element in proving the crime with which
unclear language in a contract or other
he or she is charged.
legal document should be construed in
modus operandi n. Latin. A method of light of the language surrounding it.
operating.
nudum pactum n. Latin. “Bare agree-
nisi adj. Latin. “Unless.” Of an ex ment.” A bare or scant agreement that is
parte decision or ruling, that it is valid not enforceable because consideration
unless opposed by the adverse party. is lacking.
30_542109 appb.qxp 3/28/06 12:22 PM Page 297
nunc pro tunc adj. Latin. “Now for per diem n. Latin. “By or through the
then.” Of an order or decision, that it has day.” Daily pay or daily expense
a retroactive effect. allowance.
obiter dicta Latin. “By the way . . . .” per quod adj./adv. Latin. “Whereby.”
A passing statement reached in a court Having meaning only by reference to
opinion that is irrelevant to the outcome outside facts, such as on proof of injury
of the case. See also dictum. or some sort of compensable damages.
The opposite of per se.
oyez v. French. Literally, “hear!” An
exclamation used to bring a court to slander per quod. A form of slander
order, or to gain attention for an official that does not qualify as slander per
proclamation to be publicly made. A cus- se, thereby requiring the plaintiff to
tomary greeting uttered by a court bailiff prove special damages.
to signify that court is in session.
per se adj./adv. Latin. “By or through
parens patriae n. Latin. “Parent of his itself.” Standing alone; on its own mer-
[or her] country.” The state, in its role of its; without need for reference to outside
provider of protection to people unable facts. The opposite of per quod.
to care for themselves; a doctrine giving
the government standing to sue on slander per se. A form of slander that
behalf of a citizen who is unable to pur- need not be proven to qualify for
sue an action due to a legal disability. damage, because its meaning is
apparent on the face of the state-
pari delicto adj. Latin. Equally at ment and involves moral turpitude,
fault. a sexually transmitted disease, con-
duct adversely impacting one’s pro-
pari materia adj. Latin. Of equal mat- fession or business, or lack of
ter, on the same subject. chastity (especially when applied to
women).
pendente lite adv. Latin. “While the
action is pending.” While the lawsuit is per stirpes adj./adv. Latin. “By or
pending; contingent on the outcome of through roots and stocks.” A propor-
the legal action or litigation. See also lis tional division of the estate among bene-
pendens. ficiaries according to the share of
descent from their deceased ancestor.
per annum adv. Latin. “By or through
Essentially, each beneficiary gets shares
the year”; yearly or annually; calculated
of stock in the estate based upon the
one year at a time; at annual intervals.
closeness of relationship to the
per autre vie Latin/French. “For the deceased. Distinct from per capita.
life of another,” term often used in
petit adj. French. “Little, minor.” Also
bequeathing a right (but not title) in
spelled petty.
property.
posse comitatus n. Latin. “Power of
per capita adj. Latin. “By or through
the county.” 1 A sheriff may summon
the head.” According to the head count,
citizens to assist him in making an
or number of individuals; that is, divided
arrest; hence posse in the traditional Old
equally among everyone involved.
West sense. 2 A federal statute pro-
per curiam adv. Latin. “By the court.” hibiting the Army and Air Force from
See opinion. direct participation in civilian law-
enforcement activities.
30_542109 appb.qxp 3/28/06 12:22 PM Page 298
who has received the benefit of a bar- claims his/her office. 2 A state action
gain should not be permitted to be with the intent of revoking the charter of
unjustly enriched. a corporation that has abused or for a
long period failed to exercise its fran-
quantum valebant Latin. “As much as chise.
they were worth.” 1 The reasonable
worth of goods or services, used to com- ratio decidende n. Latin. “The reason
pute fair and reasonable damages; the for deciding.” The rule of law or princi-
market value. 2 A common-law action ple on which the court’s decision is
of assumpsit for items sold and deliv- based. See also obiter dicta.
ered, in order to recover proper and
appropriate payment for same. reductio ad absurdum Latin. “Reduc-
tion to the absurd.” In logic, disproving
quare clausum fregit Latin. “Why he an argument by demonstrating that it
broke the close.” An early form of tres- leads to a ridiculous conclusion.
pass onto someone else’s land, whether
or not that land actually had a physical remittitur Latin. “It is sent back.” A
fence around it. The plaintiff would court’s order that reduces what it deems
argue that because the defendant had to be excessive damages awarded by a
broken the boundary “with force and jury; the process by which the court pro-
arms,” the former was due damages. poses to reduce or actually reduces dam-
ages without the jury’s consent. See also
quasi Latin. “As if.” Alike in some additur.
sense, but not in actuality; resembling
something but not really being it; nearly; res n. Latin. “The thing.” The subject
almost like. of the matter—that is, an action con-
cerning an object or property, rather
quia timet Latin. “Because he fears.” than a person,; the status of individuals.
A legal remedy sought in an equity court
to enjoin someone from doing an antici- res gestae n. Latin. “Things done.”
pated damage. Such a remedy may be Either the events at issue or other
granted if the petitioner can show immi- things, such as utterances, that are con-
nent and irreparable harm would be temporaneous with the res gestae; spon-
done. taneous statements or exclamations
made by the participants, perpetrators,
quid pro quo Latin. “What for what.” victims, or onlookers at or immediately
Something exchanged for another thing following the event, be it criminal or the
of approximately equal value, not neces- subject of litigation. As present-sense
sarily in a monetary sense. impressions, they are excluded from the
hearsay rule.
qui tam Latin. “Who as well . . . .” An
action that, if prevailed in, grants the res ipsa loquitur Latin. “The thing
plaintiff a portion of the recovered speaks for itself.” An evidentiary rule in
penalty and gives the rest of it to the torts that the very fact that an accident
state. The plaintiff is said to be suing for occurred is enough to provide a prima
the state as well as his or herself. facie case of negligent behavior. Rear-
ending another automobile is an exam-
quo warranto Latin. “By what author- ple, showing failure to maintain a safe
ity.” 1 A common law writ inquiring into distance on the part of the rear-ender.
the authority by which a public official
30_542109 appb.qxp 3/28/06 12:22 PM Page 300
res judicata Latin. “A thing decided.” tional law. See also precedent and res
A doctrine whereby the court’s decision judicata.
is binding upon the parties in any and all
subsequent litigation concerning the status quo n. Latin. “The situation as
same case. In effect, it bars the litigants it currently exists.”
from seeking to take the same case to status quo ante n. Latin. “The situa-
another court in hopes of a different out- tion as it existed before.” As things were
come, or of raising new issues that were before whatever happened or is being
not raised at the first trial. discussed took place. For example, sta-
respondeat superior Latin. “Let the tus quo ante bellum is the situation as it
superior respond.” The doctrine that an existed before the war.
employer is held liable for all wrongful stirps n. Latin. “Stalk; root.” A branch
acts or any harm caused by an employee of a family or of the family tree. See also
or agent acting within the scope of his per stirpes.
employment or duties. See also scope of
employment. sua sponte Latin. “Of itself.” regard-
ing a judge or court, to raise an issue or
scienter n. Latin. “Knowingly.” 1 A take an action independently of any
knowledge beforehand of the conse- request or suggestion made by the par-
quences of an action or failure to act ties or lawyers; adj. description of action
that makes a person legally responsible taken by court in absence of any party
for those consequences. Such advance urging such action to be taken.
knowledge may make the person subject
to civil or criminal punishment. 2 An sub judice adv. Latin. “Under a judge.”
intention to deceive or defraud (usually A case that is before the bar for deter-
applied to stock fraud). See also know- mination, rather than one being settled
ing and mens rea. out of court.
seriatim Latin. “In sequence.” Succes- subpoena 1 n. Latin. “Under penalty.”
sively; in successive order, one by one; A writ issued by a court commanding a
in due order; sequentially, one at a time. person to appear , with penalties that
attach for failure to comply. 2 v. the
sine die Latin. “Without day.” With no act of sending a subpoena to a witness
day being assigned for the next meeting or other person to secure his attendance
or for resumption of meeting. and testimony at trial or other proceed-
sine qua non n. Latin. “Without which ing (such as deposition); generally, sub-
not.” Something that is indispensable poenas are obtained and sent out by the
and upon which something else relies. lawyers, rather than directly by the
court.
stare decisis n. Latin. “To stand by
what was decided.” The doctrine of com- subpoena ad testificandum. The most
mon law under which courts follow the common type of subpoena, ordering
earlier judicial decisions made on the a witness to testify.
same points of litigation; following subpoena duces tecum. Issued at the
precedent. Stare decisis is not invio- request of one of the parties to a
lable, but precedent will be overturned lawsuit, ordering a witness to
only for good cause. The doctrine, how- appear and bring relevant docu-
ever, is essentially useless in constitu- ments to the hearing.
30_542109 appb.qxp 3/28/06 12:22 PM Page 301
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 gen-
eral 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 legis-
lature.
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 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
31_542109 appc.qxp 3/28/06 12:23 PM Page 304
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.
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 dis-
orderly 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.
31_542109 appc.qxp 3/28/06 12:23 PM Page 305
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 pre-
sented to the President of the United States; and before the Same shall take Effect, shall
be approved by him, or being disapproved by him, shall be repassed by two thirds of the
Senate and House of Representatives, according to the Rules and Limitations prescribed
in the Case of a Bill.
Section 8. The Congress shall have Power to lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the common Defense and general Welfare of
the United States; but all Duties, Imposts and Excises shall be uniform throughout the
United States;
31_542109 appc.qxp 3/28/06 12:23 PM Page 306
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 inspec-
tion 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.
31_542109 appc.qxp 3/28/06 12:23 PM Page 308
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 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
31_542109 appc.qxp 3/28/06 12:23 PM Page 309
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 the Senate, shall appoint Ambassadors, other pub-
lic 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 nec-
essary 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
31_542109 appc.qxp 3/28/06 12:23 PM Page 310
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.
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.
31_542109 appc.qxp 3/28/06 12:23 PM Page 311
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 rati-
fied 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 thou-
sand eight hundred and eight shall in any Manner affect the first and fourth Clauses in
the ninth Section of the first Article; and that no State, without its Consent, shall be
deprived of its equal Suffrage in the Senate.
Article VI
All Debts contracted and Engagements entered into, before the Adoption of this
Constitution, shall be as valid against the United States under this Constitution, as under
the Confederation.
This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the Authority
of the United States, shall be the supreme Law of the Land; and the Judges in every State
shall be bound thereby, any Thing in the Constitution or Laws of any State to the
Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of the United States and
of the several States, shall be bound by Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a Qualification to any Office or public Trust
under the United States.
Article VII
The Ratification of the Conventions of nine States, shall be sufficient for the
Establishment of this Constitution between the States so ratifying the Same.
31_542109 appc.qxp 3/28/06 12:23 PM Page 312
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
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
31_542109 appc.qxp 3/28/06 12:23 PM Page 313
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 IV (1791)
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized.
Amendment V (1791)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on
a presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall
31_542109 appc.qxp 3/28/06 12:23 PM Page 314
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 commit-
ted, 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 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.
themselves; they shall name in their ballots the person voted for as President, and in dis-
tinct ballots the person voted for as Vice-President, and they shall make distinct lists of
all persons voted for as President, and of all persons voted for as Vice-President and of
the number of votes for each, which lists they shall sign and certify, and transmit sealed
to the seat of the government of the United States, directed to the President of the
Senate;
The President of the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest Number of votes for President, shall be the President,
if such number be a majority of the whole number of Electors appointed; and if no person
have such majority, then from the persons having the highest numbers not exceeding
three on the list of those voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the President, the votes
shall be taken by states, the representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from two-thirds of the states, and
a majority of all the states shall be necessary to a choice. And if the House of
Representatives shall not choose a President whenever the right of choice shall devolve
upon them, before the fourth day of March next following, then the Vice-President shall
act as President, as in the case of the death or other constitutional disability of the
President.
The person having the greatest number of votes as Vice-President, shall be the Vice-
President, if such number be a majority of the whole number of Electors appointed, and
if no person have a majority, then from the two highest numbers on the list, the Senate
shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of
the whole number of Senators, and a majority of the whole number shall be necessary to
a choice. But no person constitutionally ineligible to the office of President shall be eli-
gible to that of Vice-President of the United States.
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, exclud-
ing Indians not taxed. But when the right to vote at any election for the choice of elec-
tors for President and Vice-President of the United States, Representatives in Congress,
the Executive and Judicial officers of a State, or the members of the Legislature thereof,
is denied to any of the male inhabitants of such State, being twenty-one years of age, and
citizens of the United States, or in any way abridged, except for participation in rebellion,
or other crime, the basis of representation therein shall be reduced in the proportion
which the number of such male citizens shall bear to the whole number of male citizens
twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of
President and Vice-President, or hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath, as a member of Congress, or
as an officer of the United States, or as a member of any State legislature, or as an exec-
utive 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, includ-
ing 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 rebel-
lion 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 pro-
visions 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 con-
dition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legisla-
tion.
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.
31_542109 appc.qxp 3/28/06 12:23 PM Page 318
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 pro-
vide 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 per-
sons 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.
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.
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, trans-
mit 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 inabil-
ity 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 tem-
pore of the Senate and the Speaker of the House of Representatives their written decla-
ration 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 lat-
ter 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.