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Pronunciation Guide a for all the vowel sounds in m as in motion, malice burden, circus, function, wonder n as in notice, negate a as in fact, plat ng as in long, ring ah as in balm, father 0 as in contract, loss am as in bar, start oh as in oath, impose air as in flare, lair 00 as in rule, school aw as in tall, law oor as in lure, tour ay as in page, same or as in board, court b as in balk, rob ow as in allow, oust ch as in chief, breach oy as in join, ploy d as in debt, docket p as in perjury, prize e as in leg, tenant r as in revolt, terror ee as in plea, legal s as in sanction, pace eer as in mere, tier sh as in sheriff, flash er as in merit, stationery t as in term, toxic f as in father, off th as in theory, theft g as in go, fog th as in there, whether h as in hearsay, hold uu as in took, pull hw as in whereas, while uur as in insurance, plural i as in risk, intent v as in vague, waiver I as in crime, idle w as in warranty, willful J as in jury, judge y as in year, yield k as in kidnap, flak z as in zoning, maze 1 as in lawyer, trial zh as in measure, vision Guide to the Dictionary 1. Alphabetization All headwords, including abbreviations, are alphabetized letter by letter, not word by word, Spaces, apostrophes, hyphens, virgules, and the like are ignored, An ampersand (&) is treated as ifit were the word and, For example: Pan-American Convention P&L Panduit test per annum PIE ratio per capita percentage lease per diem peremptory Numerals included in a headword precede the letter "a" and are arranged in ascending numerical order: Rule IOb-5 Rule 11 rule absolute rulemaking rule ofn ruleof78 A numeral at the beginning ofa headword is alphabetized as if the numeral were spelled out: Eighth Amendment eight-hour law 8-K ejection Commas break the letter-by-letter alphabetization if they are backward-looking (e,g" attorney, power oj), but not if they are forward-looking (e,g" right, title, and interest), 2. Pronunciations Boldface syllables receive primary stress: oligopoly (ol-<l-gop-<l-lee), n, Ifa word has more than one acceptable pronunciation, the preferred pronunciation appears first and the variant form after or: talesman (taylz-m~n ortay-leez-m~n), A pronunciation ofdubious standing is preceded by also: condition precedent (pr<l-seed-,:mt also pres-a-d;mt), For variably pronounced syllables, often only the changed syllables are included, ejusdem generis (ee-j;Js-dam jen-a-ris also ee-joos- or ee-yoos-), page-xxv GUIDE TO THE DICTIONARY Brackets in pronunciations indicate an optional sound: fiduciary (fi-d[y]oo-shee-er-ee), adj. For handy reference, the pronunciation gUide is located inside the front cover. 3. Etymologies The origins of most foreign words and phrases are given in brackets. By far the most frequent etymologies are "Latin" (Le., classical Latin used during the Roman Empire) and "Law Latin" (i.e., the Anglicized Latin formerly used in legal docu ments and proceedings). Essentially, the Law Latin tag corresponds to what some dictionaries call Late Latin and others call Medieval Latin. Other languages of origin are listed as well, including French, Law French (Le., medieval common law French), Old English, Greek, German, and Dutch. 4. Dates The parenthetical dates preceding many ofthe definitions show the earliest known use ofthe word or phrase in English. For some words, the date is merely a century (e.g., 14c), but for most ofthe recently emerging vocabulary a precise year is given. The editors hope to extend this feature to most or even all the entries in future editions. Interested researchers should know that we welcome certifiable antedat ings. 5. Tags Two types oftags appear. First, there are usage tags: Rist. == historical; no longer current in law Archaic = old-fashioned and declining in use Rare = very infrequent in modern usage Slang = very informal Second, there are many subject -matter tags thatidentify the field oflaw that a par ticular term or sense belongs to (e.g., Antitrust, Commercial law, Insurance, and Wills & estates). Two ofthese tags deserve special mention. Roman law indicates a term that can be traced back to the legal system ofthe ancient Romans. Civil law indicates a term that is used in modern civil-law systems, including much of the law in Louisiana. 6. Angle Brackets Contextual illustrations ofa headword are given in angle brackets: avail, n. 1. Use or advantage <oflittle or no avail>. 2. (pl.) Profits or proceeds, esp. from a sale of property <the avails of the trust fund>. page-xxvi GUIDE TO THE DICTIONARY 7. Bullets Bullets are used to separate definitional information (before the bullet) from information that is not purely definitional (after the bullet), such as encyclopedic information or usage notes. 8. Cognate Forms This dictionary lists corresponding parts ofspeech. For example, under the defini tion of consultation, the corresponding verb (consult) and adjectives (consulting, consultative) are listed. Ifa cognate form applies to only one sense of a headword, that form is denoted as follows: enjoin, vb. 1. To legally prohibit or restrain by injunction <the company was enjoined from selling its stock>. [Cases: Injunction 1.] 2. To prescribe, mandate, or strongly encourage <the graduating class was enjoined to uphold the highest professional standards>. -enjoinment (for sense 1), n. enjoinder (for sense 2), n. 9. Cross-references a. See The signal See is used in three ways. (1) To indicate that the definition is at another location in the dictionary: call loan. See LOAN. perpetuities, rule against. See RULE AGAINST PERPETUITIES. (2) To refer to closely related terms: nationalization, n. 1. The act of bringing an industry under govern mental control or ownership. [Cases: International Law C=' 10.16.] 2. The act of giving a person the status of a citizen. See NATURAL IZATION. [Cases: Aliens (;::>60-70.] cognovit (kog-noh-vit). [Latin "the person has conceded (a debt or an action)"] An acknowledgment of debt or liability in the form of a confessed judgment. See confession ofjudgment under JUDGMENT. (3) To refer to a synonymous subentry: binding instruction. See mandatory instruction under JURY INSTRUC TION. b. Cf. Cf is used to refer to related but contrastable terms: Gallagher agreement. A contract that gives one codefendant the right to settle with the plaintiff for a fixed sum at any time during trial and that guarantees payment of the sum regardless of the trial's outcome. City ofTucson v. Gallagher, 493 P.2d 1197 (Ariz. 1972). Cf. MARY CARTER AGREEMENT. page-xxvii GUIDE TO THE DICTIONARY false imprisonment. A restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law misdemeanor and a tort. It applies to private as well as governmental detention. Cf. false arrest under ARREST. [Cases: False Imprison ment<>2.] c. Also termed The phrase also termed at the end of an entry signals a synonymous word or phrase. Variations include also spelled, also written, and often shortened to. d. Terms with multiple senses Ifthe cross-referenced term has multiple senses, the particular sense referred to is indicated in parentheses: light work. See WORK (1). rule day. See return day (3) under DAY. 10. Citations To help dictionary users find the most current caselaw, thousands of entries contain bracketed pointers to West's key-number system (preceded by Cases), identifying the topics and sections relevant to the definition: ready, willing, and able. (Of a prospective buyer) legally and financially capable of consummating a purchase. [Cases: Brokers PS4; Specific Performance <>87.] There may be a set ofdifferent citations for different senses ofa term: abatement (d-bayt-m;mt), n. The suspension or defeat of a pending action for a reason unrelated to the merits of the claim <the defendant sought abatement ofthe suit because of misnomer>. See plea in abate ment under PLEA. [Cases: Abatement and Revival 11. Quotations The editors have selected quotations on the basis of aptness, insight, and clarity. Most quotations are included because they provide information or nuances that would not otherwise be available within the strict confines ofa traditional defini tion. Quotations are set off in smaller, sans serif type: discovery abuse. 1. The misuse of the discovery process, esp. by making overbroad requests for information that is unnecessary or beyond the scope ofpermissible disclosure or by conducting discovery for an improper purpose. "The term 'discovery abuse' has been used as if it were a single concept, but it includes several different things. Thus, it is useful to subdivide 'abuse' into 'misuse' and 'overuse: What is referred to as 'misuse' would include not only direct violation of the rules, as by failing to respond to a discovery request within the stated time limit, but also more subtle attempts to harass or obstruct an opponent, as by giving obviously inadequate answers or by requesting information that clearly is outside the scope of discovery. By 'overuse' is meant asking for more discovery than is neces sary or appropriate to the particular case. 'Overuse,' in turn, can be subdivided into page-xxviii GUIDE TO THE DICTIONARY problems of 'depth' and of 'breadth,' with 'depth' referring to discovery that may be relevant but is simply excessive and 'breadth' referring to discovery requests that go into matters too far removed from the case." Charles Alan Wright, The Law ofFederal Courts 81, at 580 (5th ed, 1994), Older quotations show what scholars have said about legal terminology at par ticular points in history. Some ofthe older quotations may not fully reflect current law. 12. Subentries Many terms in this dictionary are collected by topic. For example. the different types of contracts, such as bilateral contract and gratuitous contract, are defined under the main term contract. (Cross-references in Band G will redirect the reader who looks up bilateral contract or gratuitous contract to contract.) Ifa term has more than one sense, then the corresponding subentries are placed under the appropriate sense ofthat term. 13. Typefaces The typefaces used in this dictionary are mostly self-explanatory. For instance, all headwords and cognate forms are in boldface type, and all subentries are italicized. As for headwords offoreign origin, those that are fully naturalized are in boldface Roman type, while those that are not fully naturalized are in boldface italics. Gen erally, small caps are used with "See" and "Cf." cross-references to main entries. There are, however, three other uses of small caps deserving special mention. a. Small caps refer to a synonymous headword. In the following example, the small caps suggest that you review the definition at contiguous for more infor mation: adjoining. Touching; sharing a common boundary; contiguous. adjoin, vb. b. Small caps also refer to the predominant form when it may be phrased or spelled in more than one way. For example, the following uses of small caps direct you to the entries at perjury and payor: false swearing. See PER fURY. payer. See PAYOR. c. Small caps also refer to the spelled-out form of abbreviations (the term is defined at the spelled-out headword, not the abbreviated form). For example: FDIC. abbr. FEDERAL DEPOSIT INSURANCE CORPORATION. Federal Deposit Insurance Corporation. A federal corporation that protects bank and thrift deposits by insuring accounts up to $100,000, examining banks that are not members of the Federal Reserve System, and liquidating failed institutions. Abbr. FDIC. page-xxix GUIDE TO THE DICTIONARY 14. West Key-Number System Many entries contain citations to West's key-number classification system as a legal-research tool. [Cases: Federal Civil Procedure (;::) 1261, 1278; Pretrial Procedure (:=>28.] 15. Abbreviations For a list ofabbreviations used within entries see p. xxxi. For a list ofabbreviations used within legal texts generally, see Appendix A. 16. Latin Maxims The first six editions of Black's Law Dictionary interspersed hundreds oflegal maxims (full Latin or Law French sentences) within the main body ofthe diction ary, somewhat cluttering the main text. For greater convenience, a much fuller set ofmaxims was collected into an appendix in the seventh edition. Newly corrected and amplified, that collection is now found in Appendix B. page-xxx List ofAbbreviations abbr. abbreviated as; abbreviation for adj. adjective adv. = adverb BrE = British English ca. circa cap. = capitalized cf. (confer) compare with ch. chapter conj. conjunction ed. edition; editor e.g. (exempli gratia) for example esp. especially et seq. (et sequentes) and those (pages or sections) that follow fro = from; derived from id. = (idem) in the same work i.e. (id est) that is I.e. lowercase n. noun; note no

work i.e. (id est) that is I.e. lowercase n. noun; note no. == number , paragraph pI. plural pp. pages p.pI. past participle prep. == preposition pt. =: part repr. == reprinted rev. revised by; revision section sing. Singular specif. = specifically usu. == usually vb. verb page-xxxi A a. 1. (usu. cap. & often ital.) A hypothetical person <A deeds Blackacre to B>. 2. [Latin] From; by; in; on; of; at. 3. [Law Latin] With. 4. [Law French] Of; at; to; for; in; with. 5. Securities. A letter used in a newspaper stock transaction table to indicate that cash was paid during the year in addition to regular dividends. 6. Securities. A letter used in a newspaper mutual-fund transaction table to indicate a yield that may include capital gains and losses as well as current interest. 7. (cap.) Securi ties. A letter used in a newspaper corporate earnings report to identify the American Stock Exchange as the primary market of a firm's common stock. 8. (cap.) Securities. An above-average grade given to a debt obli gation by a rating agency . The grades, as ranked by Standard & Poor's, range from AAA (highest) down to CCc. The equivalent standards from Moody's are Aaa, Aa, A, Baa, and so on down to C. 9. Marine insur ance. A rating assigned in Lloyd's Register ofShipping to ships considered to be in first-class condition. 10. abbr. ADVERSUS. 11. (cap.) Hist. A scarlet letter worn as punishment by a person convicted of adultery. 12. Roman law. An abbreviation for absolvo written on wooden tablets by criminal-court judges to indicate a vote for acqUittal. 13. Roman law. An abbreviation for antiquo ("for the old law") written on wooden tablets by the participants in a popular assembly to indicate a vote against a proposed bill. 14. (cap.) abbr. ATLANTIC REPORTER. A.2d. abbr. Atlantic Reporter Second Series. See ATLANTIC REPORTER. AAA. abbr.!. AMERICAN ARBITRATION ASSOCIATION. 2. AMERICAN ACCOUNTING ASSOCIATION. 3. AMERICAN ACADEMY OF ACTUARIES. 4. AGRICULTURAL ADJUST MENT ACT. 5. See accumulated-adjustments account under ACCOUNT. AAC. abbr. AN::-IO ANTE CHRISTUM. AACN. abbr. ANNO ANTE CHRISTUM NATUM. AALL. abbr. American Association of Law Libraries, founded in 1906 to promote law libraries and scholar ship in the field oflaw-library science. AALS. abbr. ASSOCIATION OF AMERICAN LAW SCHOOLS. AARCC. abbr. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION CORPORATIO::-l. AAU. abbr. Amendment to allege use. See TRADEMARK APPLICATION AMENDMENT. a aver et tener (ayay-var [or ah ah-var] et ten-ar). [Law French] To have and to hold. See HABENDUM CLAUSE. AB. abbr. See able-bodied seaman under SEAMAN. ab, prep. [Latin] From; by; of. ABA. abbr. 1. AMERICAN BAR ASSOCIATION. 2. AMERICAN BANKERS ASSOCIATION. ahacinate (a-has-a-nayt), vb. To blind (a person) by placing a red-hot iron or metal plate in front of the eyes. abaction (ab-ak-sh:m). See ABIGEATUS. ab actis (ab ak-tis), n. [Latin "in relation to proceedings"] Roman law. An officer responsible for public records (acta), registers, journals, or minutes; a court clerk; a notary. abactor (ab-ak-tar or -tor). See ABIGEUS. ab agendo (ab a-jen-doh), adj. [Latin] Unable to act; inca pacitated for business or transactions of any kind. abalienation (ab-ayl-ya-nay-sh,m), n. [fro Latin abalien are "to alienate"] Civil law. The transfer ofan interest in or title to property; ALIENATION (2). In Roman law, the term was abalienatio ("a perfect conveyance from one Roman citizen to another"), which was anglicized to abalienation. -abalienate, vb. abamita (a-bam-a-ta). [Latin] Civil law. A great-great great aunt. abandoned application. Patents & Trademarks. An application removed from the U.S. Patent and Trade mark Office docket ofpending applications because the applicant (or the applicant's attorney or agent of record) filed an express notice ofabandonment, failed to take appropriate or timely action at some stage in the prosecution of a nonprovisional application, or failed to pay the issue fee. Abandonment ofa patent or trademark application does not automatically result in abandonment ofthe invention or the mark because an abandoned application may be revived by petition. Cf. abandoned invention under INVENTION; abandoned mark under TRADEMARK. [Cases: Patents 107.] abandoned experiment. Patents. An unsuccessful attempt to reduce an invention to practice . Unless it is publicly known, an abandoned experiment does not qualify as prior art under 102 ofthe Patent Act, so it does not bar future patents. abandoned invention. See INVENTION. abandoned mark. See abandoned trademark under TRADEMARK. abandoned property. See PROPERTY. abandoned, suppressed, or concealed, adj. Patents. Intentionally or accidentally hidden from public notice, not reduced to practice, or not patented. Another person's earlier invention will not be considered prior art if the first inventor abandoned the field to others or is held to have lost the right to patent by suppress ing or concealing the invention. But ifthe suppression 2 abandoned trademark or concealment occurred after the art was known to the public, then it still qualifies as prior art. See MPEP 2138.03. [Cases: Patents (:=>82.] abandoned trademark. See TRADEMARK. abandonee ( ..-ban-d..-nee). (1848) One to whom property rights are relinquished; one to whom something is formally or legally abandoned. abandonment, n. (1809) I. The relinquishing of a right or interest with the intention of never reclaiming it. In the context of contracts for the sale ofland, courts sometimes use the term abandonment as ifit were syn onymous with rescission, but the two should be dis tinguished. An abandonment is merely one party's acceptance ofthe situation that a nonperforming party has caused. But a rescission due to a material breach is a termination or discharge of the contract for all purposes. 2. Property. The relinquishing of or departing from a homestead, etc., with the present, definite, and permanent intention of never returning or regaining possession. 3. Family law. The act ofleaving a spouse or child willfully and without an intent to return. -Child abandonment is grounds for termination of parental rights. Spousal abandonment is grounds for divorce. Cf. DESERTION. [Cases: Divorce (:=>37; Infants "The lines of distinction between abandonment and the many forms of child neglect are often not very dear so that failure to support or to care for a child may sometimes be characterized as abandonment and sometimes as neglect." Homer H. Clark Jr., The Law of Domestic Relations in the United States 20.6, at 895 (1988). abandonment ofminor children. See NONSUPPORT. constructive abandonment. See constructive desertion under DESERTION. malicious abandonment. 1. lhe desertion ofa spouse without just cause. See criminal desertion under DESERTION. [Cases: Divorce(:=> 37.]2. See voluntary abandonment. voluntary abandonment. 1. As a ground for divorce, a final departure without the consent of the other spouse, without sufficient reason, and without the intention to return. [Cases: Divorce (:=>37.] 2. In the law of adoption, a natural parent's willful act or course ofconduct that implies a conscious disregard of or indifference to a child, as if no parental obliga tion existed. Also termed malicious abandonment. [Cases: Adoption (:=>7.4.] 4. Criminal law. RENUNCIATION (3). 5. Bankruptcy. A trustee's court-approved release of property that is bur densome or of inconsequential value to the estate, or the trustee's release of nonadministered property to the debtor when the case is closed. [Cases: Bankruptcy (:=> 3131-3137.]6. Contracts. RESCISSION (2).7. Insurance. An insured's relinqUishing ofdamaged or lost property to the insurer as a constructive total loss. Cf. SALVAGE (2). [Cases: Insurance (:=>2237.] 8. Trademarks. A mark owner's failure to maintain the mark's proper use in commerce or failure to maintain its distinctive char acter. -Abandonment is an affirmative defense to an action for trademark infringement. -Also termed nonuse. [Cases: Trademarks 1153, 1532.] 9. Hist. Copyright. An affirmative defense to a copyright infringement claim governed by pre-1989 law, based on the author's general publication of the work without a copyright notice. -Before March 1989, authors who did not affix a copyright notice to their published works risked losing legal protection for those works. Congress eliminated the copyright-notice requirement when it ratified the Berne Convention. [Cases: Copy rights and Intellectual Property (:=>50.1(4).] 10. Intel lectual property. The loss of an intellectual-property right, as by disuse, neglect offormalities, failure to pay a required fee, or (for a trade secret) failure to ensure concealment. -abandon, vb. abandonment by operation oflaw. See constructive abandonment. actual abandonment. 1. Patents. Intentional relin quishment of the right to patent protection, evi denced, for example, by more than mere inactivity or delay in filing the application. -Actual abandon ment may be express or implied, but every reasonable doubt about intent will be resolved in the inventor's favor. [Cases: Patents (:=>82.] 2. Trademarks. Inten tionalloss of trademark protection by discontinuing commercial use ofthe mark with the intention of not using it again. [Cases: Trademarks (:=>1155.] constructive abandonment. I. Patents. The closing ofa patent -application prosecution by the U.S. Patent and Trademark Office when an applicant fails to respond to an office action within the time allowed, usu. six months, or fails to pay an issue fee. -If the delay was unintentional or unavoidable, the application may be revived. [Cases: Patents (:=> 107. ] 2. Patents. Abandonment of an invention by operation of law regardless of the inventor's intention, such as when the inventor forfeits the right to patent by selling or offering to sell the invention or by describing it in a publication more than a year before seeking patent protection. 35 USCA 102. [Cases: Patents (:=>80.] 3. Trademarks. An owner's loss oftrademark protec tion, regardless ofwhether the mark is registered, by allowing the mark to lose its distinctiveness, such as by letting the name become a generiC term for that type ofgoods, or by otherwise failing to maintain the mark's distinctive character. -For example, licensing the use of the mark without retaining control over how it is used may result in constructive abandon ment. -Also termed abandonment by operation of law. [Cases: Trademarks (:=> 1164,11661. express abandonment. Patents. An applicant'S inten tional and clear termination ofa patent prosecution. An express abandonment must be made in a signed writing and received by the U.S. Patent and Trade mark Office in time for the Office to act before the patent issues. Once an application is expressly aban doned, it cannot be revived, and the applicant cannot preclude the public from freely availing itself of the invention'S benefits. Unless there is an express aban donment filed, abandonment of a patent application 3 does not result in abandonment of the invention. Also termed formal abandonment. [Cases: Patents formal abandonment. See express abandonment. implied abandonment. Patents. An inventor's failure to take steps to protect an invention, such as by failing to claim the invention when disclosed in a patent appli cation or by permitting an application to be aban doned, esp. by failing to file an answer to an office action within the time allowed. [Cases: Patents 107.] abandonment ofcontest. Patents. A party's withdrawal from an interference contest. The abandonment of contest must be in writing. The contest is dissolved as to the abandoning party. [Cases: Patents C::;> 106(5).] abandum (;l-ban-dam), n. [Law Latin] Hist. A thing that has been forfeited. -Also spelled abandun; abando num. ab ante (ab an-tee), adv. [Latin] Hist. Before; beforehand; in advance. Also termed ab antecedente. ab antiquo (ab an-tI-kwoh), adv. [Law Latin] Hist. From ancient times; ofold. Also termed ab anti

-tI-kwoh), adv. [Law Latin] Hist. From ancient times; ofold. Also termed ab antiqua. abarnare (ab-ahr-nair-ee), vb. [Law Latin] Hist. To detect or disclose a secret crime; to bring to judgment. abatable nuisance. See NUISANCE. abatamentum (a-bay-t;l-men-t;lm), n. [Law Latin] Hist. See ABATEMENT (5). ahatare (ab-;l-tair-ee), vb. [Law Latin] Hist. To abate. abatement (;l-bayt-m;lnt), n. (14c) 1. The act of elimi nat ing or nullifying <abatement of a nuisance> <abate ment of a writ>. [Cases: Nuisance IS, 77.] 2. The suspension or defeat of a pending action for a reason unrelated to the merits of the claim <the defendant sought abatement of the suit because of misnomer>. See plea in abatement under PLEA. [Cases: Abatement and Revival C=>5S.] "Although the term 'abatement' is sometimes used loosely as a substitute for 'stay of proceedings,' the two may be distinguished on several grounds. For example, when grounds for abatement of an action exist, the abatement of the action is a matter of right, but a stay is granted in the court's discretion. And in proper circumstances a court may stay a proceeding pending the outcome of another proceeding although a strict plea in abatement could not be sustained." 1 Am. Jur. 2d Abatement, Survival, and Revival 3 (1994). 3. The act oflessening or moderating; diminution in amount or degree <abatement of the debt>. 4. Wills & estates. The reduction of a legacy, general or specific, as a result ofthe estate's being insufficient to pay all debts and legacies <the abatement oflegacies resulted from the estate's insolvency>. Cf. ADEMPTION. lCases: Wills C::;>804-818.] 5. Archaic. The act oftortiously entering real estate after the owner dies and before the legal heir enters <abatement of freehold>. Also termed (in sense 5) abatamentum. -abate, vb. abatable, adj. ABC test abatement clause. (1890) A lease provision that releases the tenant from the rent obligation when an act ofGod or other specified reason precludes occupancy. abater C;l-bay-t;lr or -tor). 1. One who abates something. 2. A plea in abatement. See plea in abatement under PLEA. abator (;l-bay-t;lr or -tor). (16c) 1. A person who elimi nates a nuisance. See ABATEMENT (1). [Cases: Nuisance C::;>20, 74.] 2. Hist. A person who tortiously intrudes on an heir's freehold before the heir takes possession. See ABATEMENT (5). abatuda (ab-;l-t[y]oo-d;l), n. Law Latin abatudus "debased") Hist. A thing diminished, such as money reduced in value by dipping (moneta abatuda). abavia (;l-bay-vee-;l), n. [Latin] Civil law. A great-great grandmother. abavunculus (ab-;l-vang-kY;l-las), n. [Latin] Civil law. A great-great-great uncle. Also termed avunculus maximus. abavus (ab-a-vas), n. [Latin] Civil law. A great-great grandfather. abbacy (ah-;l-see). Eccles. law. An abbot's jurisdiction or term of tenure. abbess (ab-is). Eccles. law. A female superior or governess of a convent. Cf. ABBOT. abbey (ab-ee). Eccles. law. A monastery governed by an abbot, or a convent governed by an abbess. abbey land. (usu pi.) Hist. Real property held by an abbey in mortmain and therefore exempt from tithes. See MORTMAIN. abbot (ab-;lt). Eccles. law. A superior or governor of an abbey. Cf. ABBESS. abbreviated term sheet. See TERM SHEET. Abbreviatio Placitorum (;l-bree-vee-ay-shee-oh plas-i tor-;lm), n. [Law Latin "summary ofthe pleas"] Hist. An abstract ofpleadings culled from the rolls of the Curia Regis, Parliament, and common-law courts from the 12th to 14th centuries, compiled in the 17th century, printed in 1811, and attributed variously to Arthur Agarde, Deputy Chamberlain of the Exchequer, and to other keepers of the records. Cf. YEAR BOOKS. abbreviator. 1. One who abbreviates, abridges, or shortens. 2. Eccles. law. An officer in the court of Rome appointed as assistant to the vice-chancellor for drawing up the Pope's briefs and reducing petitions, when granted, into proper form to be converted into papal bulls. abbroachment (;l-brohch-mant), n. Hist. The act offore stalling the market by buying wholesale merchandise to sell at retail as the only vendor. Also spelled abbro chment; abbrochement. -abbroach, vb. ABC test. The rule that an employee is not entitled to unemployment insurance benefits if the employee (A) is free from the control of the employer, (B) works away from the employer's place ofbusiness, and (C) is engaged in an established trade. _ The name derives 4 ABC transaction from the A, B, and C commonly used in designating the three parts ofthe test. [Cases: Unemployment Com pensation C;:::> 16,28,29]. ABC transaction. Oil & gas. A sale ofa working interest from an owner (A) to an operator (B) in return for a cash payment and the right to another (usu. larger) payment when the well produces, followed by Ns sale of the right to the production payment to a corpora tion (C), which pays A in cash borrowed from a lender on C's pledge of the production payment. Thus A receives cash taxed at capital-gains rates, and B pays part ofthe purchase price with nontaxable production income. The tax advantages of this transaction were eliminated by the Tax Reform Act of 1969. abdication (ab-di-kay-sh;m), n. The act ofrenouncing or abandoning privileges or duties, esp. those connected with high office <Edward VIII's abdication of the Crown in 1936> <the court's abdication ofits judicial responsibility>. abdicate (ab-di-kayt), vb. abdi cable (ab-di-ka-bal), adj. -abdicator (ab-di-kay-tar), n. abditory (ab-di-tor-ee), n. [Law Latin abditorium "box, receptacle"] A repository used to hide and preserve goods or money. -Also termed abditorium (ab-di tor-ee-am). abduction (ab-d3k-shan), n. (17c) Criminal law. l. The act ofleading someone away by force or fraudulent persua sion. -Some jurisdictions have added various elements to this basic definition, such as that the abductor must have the intent to marry or defile the person, that the abductee must be a child, or that the abductor must intend to subject the abductee to concubinage or pros titution. 2. Archaic. The crime of taking away a female person, esp. one who is below a certain age (such as 16 or 18), without her effective consent by use of persua sion, fraud, or violence, for the purpose prostitution, or illicit sex. [Cases: Criminal Law 45.10.] 3. Loosely, KIDNAPPING. See ENTICEMENT OF A CHILD. abduct, vb. -abductor, n. -abductee, n. "Abduction seems not to have been a crime at early common law. but found its way thereinto through an old English statute which defined the crime substantially as the taking of a woman against her will for lucre. and afterwards marrying her. or causing her to be married to another, or defiling her, or causing her to be defiled." Justin Miller, Handbook ofCriminal Law 104. at 319 (1934). abearance (a-bair-ants), n. Archaic. Behavior; conduct. "The other species of recognizance. with sureties, is for the good abearance, or good behaviour. This includes security for the peace ... ," 4 William Blackstone. Commentaries on the Laws of England 253 (1769). ab epistolis (ab ee-pis-ta-lis), n. [Latin] Hist. An officer who maintained the correspondence (epistolae) for a superior; a secretary. Abercrombie classification. Trademarks. A characteriza tion ofa trade designation -whether by mark, name, or dress as generic, descriptive, suggestive, and arbi trary or fanciful, in increasing order ofdistinctiveness. Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. 1976). [Cases: Trademarks (;:::> 1033.] aberrant behavior (a-ber-ant). (1924) A Single act of unplanned or thoughtless criminal behavior. Many courts have held that aberrant behavior justi fies a downward departure that is, a more lenient sentence -under the federal sentencing guidelines, based on a comment in the introduction to the Guide lines Manual to the effect that the guidelines do not deal with Single acts of aberrant behavior. U.S. Sen tencing Guidelines Manual, ch. 1, pt. A, ! 4. [Cases: Sentencing and Punishment C;:::>868.] abesse (ab-es-ee), vb. [Law LatinJ Roman & civi/law. To be absent; to be away from a place where one is supposed to be (as before a court). Cf. ADESSE. abet (a-bet), vb. (14c) 1. To aid, encourage, or assist (someone), esp. in the commission ofa crime <abet a known felon>. 2. To support (a crime) by active assis tance <abet a burglary>. [Cases: Criminal Law 59(5).J See AID AND ABET. Cf. INCITE. abetment, n. abettor. A person who instigates the commission of a crime or advises and encourages others to commit it. Also spelled abetter. See principal in the second degree under PRINCIPAL. [Cases: Criminal LawC;:::>59.J ab extra (ab ek-stra), adv. [Latin] From outside; extra; beyond. abeyance (a-bay-ants), n. (17c) 1. Temporary inactivity; suspension. 2. Property. A lapse in succession during which no person is vested with title. abeyant, adj. "Abeyance. from the French bayer, to expect. is that which is in expectation. remembrance. and intendment of law. Bya prinCiple of law, in every land there is a fee simple in somebody. or else it is in abeyance; that is, though for the present it be in no man. yet it is in expectancy belonging to him that is next to enjoy the land." 1 Richard Burn. A New Law Dictionary 4 (1792). abiaticus (ab-ee-ay-td-kas), n. [Law Latin "descended from a grandfather"] Hist. A grandson in the male line; a son's son. -Also spelled aviaticus. abide, vb. (bef. 12c) 1. To tolerate or withstand <the widow found it difficult to abide the pain oflosing her husband>. 2. To obey; (with by) to act in accordance with or in conformity to <try to abide the doctor's order to quit smoking> <abide by the rules>. 3. To await <the death-row prisoners abide execution>. 4. To perform or execute (an order or judgment) <the trial court abided the appellate court's order>. 5. To stay or dwell <the right to abide in any of the 50 states>. ab identitate ration is (ab I-den-ti-tay-tee ray-shee-oh nis or rash-ee-oh-nis). [Law Latin] Hist. By identity of reason; for the same reason. abiding conviction. See CONVICTION. abigeatus (a-bij-ee-ay-tas), n. [Latin] Roman & civil law. The act ofstealing cattle by driving them away (abigere); cattle rustling. -In the later civil law, the usual term for this was abaction. -Also termed abigeat. abigeus (a-bij-ee-as), n. [Latin] Roman & civil law. One who steals cattle, esp. in large numbers; a cattle rustler. 5 abnormally dangerous activity This was known in the later civil law as an abactor. PI. abigei. 'The stealing of a single horse or ox might make a man an abigeus, but it seems that the crime could not be com mitted on less than four pigs or ten sheep. They need not however be taken all together. In such a state of the law one would expect thefts of three pigs or eight sheep to become abnormally common." 1James Fitzjames Stephen, A History of the Criminal Law ofEngland 27 (1883). ability. (l4c) The capacity to perform an act or service; esp., the power to carry out a legal act <ability to enter into a contract>. present ability. The actual, immediate power to do something (esp. to commit a crime). ab inconvenienti (ab in-k;:m-vee-nee-en-tI), adv. [Law Latin] From hardship or inconvenience. See arg

m-vee-nee-en-tI), adv. [Law Latin] From hardship or inconvenience. See argumen tum ab inconvenienti under ARGUMENTUM. ab initio (ab i-nish-ee-oh), adv. [Latin) (16c) From the beginning <the injunction was valid ab initio>. Cf. IN INITIO. ab intestato (ab in-tes-tay-toh), adv. [Latin] By intes tacy <succession ab intestato is often treated as being necessary because of the neglect or misfortune of the deceased proprietor>. Cf. EX TESTAMENTO. ab invito (ab in-vI-toh), adv. [Latin) By or from an unwill ing party; against one's will <a transfer ab invito>. Cf. IN INVITUM. ab irato (ab I-ray-toh), adv. [Latin) By one who is angry. This phrase usu. refers to a gift or devise made adversely to an heir's interests, out of anger. An action to set aside this type ofconveyance was known at common law as an action ab irato. abishering. See MISKERING. abjudge (ab-j~j), vb. Archaic. To take away or remove (something) by judicial decision. Cf. ADJUDGE. "As a result of the trial a very solemn judgment is pro nounced. The land is adjudged to the one party and his heirs, and abjudged (abiudicata) from the other party and his heirs for ever." 2 Frederick Pollock & FrederiC W. Maitland, The History of English Law Before the Time of Edward 163 (2d ed. 1899). abjudicatio (ab-joo-di-kay-shee-oh), n. [Law Latin) The act of depriving a person of a thing by judicial decision. abjuration (ab-juu-ray-sh;m), n. A renouncing by oath. abjuration ofthe realm. An oath taken to leave the realm forever. "If a malefactor took refuge [in sanctuary] ... the coroner came and parleyed with the refugee, who had his choice between submitting to trial and abjuring the realm. If he chose the latter course, he hurried dressed in pilgrim'S guise to the port that was assigned to him, and left England, being bound by his oath never to return. His lands escheated; his chattels were forfeited, and if he came back his fate was that of an outlaw." 2 Frederick Pollock & Frederic William Maitland, History ofEnglish Law Before the Time of Edward I 590 (2d ed. 1899). abjure (ab-joor), vb. 1. To renounce formally or on oath <abjure one's citizenship>. 2. To avoid or abstain from <abjure one's civic duties:>. abjuratory (ab-joor-<l tor-eel, adj. ablative fact. See divestitive fact under FACT. able, adj. Legally competent and qualified <able to transfer title>. able-bodied seaman. See SEAMAN. ablegate (ab-Id-gayt), n. A papal envoy on a special mission, such as a newly appointed cardinal's insignia ofoffice. ableism. Prejudice against or disregard of disabled people's needs and rights; discrimination that unrea sonably favors able-bodied persons. See DISCRIMINA TION (1), (2). ableist, adj. able seaman. See able-bodied seaman under SEAMAN. able to work. Labor law. (Of a worker) released from medical care and capable of employment; esp., not qualified to receive unemployment benefits on grounds ofillness or injury. [Cases: Unemployment Compensa tion (;::::;:>207.] ablocation (ab-Ioh-kay-shan). Archaic. The leasing of property for money. Cf. LOCATIO. abmatertera (ab-ma-t~r-t;)r-<l), n. [Latin) Civil law. A great-great-great aunt. See MATERTERA MAXIMA. abnepos (ab-nep-ahs or -ohs), n. [Latin] Civil law. A great-great grandson; the grandson of a grandson or granddaughter. abneptis (ab-nep-tis), n. [Latin) Civil law. A great-great granddaughter; the granddaughter of a grandson or granddaughter. abnormal law. The law as it applies to persons who are under legal disabilities such as infancy, alienage, insanity, criminality, and (formerly) coverture. abnormally dangerous activity. (1957) An undertak ing that necessarily carries with it a Significant risk of serious harm even if reasonable care is used, and for which the actor may face strict liability for any harm caused; esp., an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the risk of serious harm to persons or property, (2) cannot be performed without this risk, regardless of the precautions taken, and (3) does not ordinarily occur in the community . Under the Restatement (Second) of Torts, determining whether an activity is abnormally dangerous includes analyzing whether there is a high degree of risk of harm, whether any harm caused will be substantial, whether the exercise of reasonable care will eliminate the risk, whether the activity is a matter of common usage, whether the activity is appropri ate to the place in which it occurs, and whether the activity's value to society outweighs its dangerousness. Restatement (Second) ofTorts 520 (1977). Also, esp. formerly, termed abnormally hazardous activity; extrahazardous activity; ultrahazardous activity. See strict liability under LIABILITY. [Cases: Negligence (;=: 305.] 6 abode abode. (l3c) A home; a fixed place of residence. See DOMICILE; PLACE OF ABODE. abogado (ah-boh-gah-doh), n. [Spanish) Spanish law. An advocate; a lawyer. ab olim (ab oh-lim), adj. [Law Latin] Of old. abolish, vb. To annul, eliminate, or destroy, esp. an ongoing practice or thing. abolition. (16c) 1. 1he act of abolishing. 2. TIle state of being annulled or abrogated. 3. (usu. cap.) The legal termination of slavery in the United States. [Cases: Slaves 4. Civil law. Withdrawal of a criminal accusation; a sovereign's remission of punishment for a crime. 5. Hist. Permission granted to the accuser in a criminal action to withdraw from its prosecution. See NOLLE PROSEQUI. abominable and detestable crime against nature. See SODOMY. a bon droit (ay or a bawn drwah), adv. [Law French] With good reason; justly; rightfully. ab orco usque ad coelum. [Latin] From the ground to the sky. Cf. USQUE AD COELUM. aboriginal cost. See COST (1). aboriginal title. See TITLE (2). abortee (~-bor-tee). A woman who undergoes an abortion. lCases: Abortion and Birth Control C=> 100.] aborticide. See ABORTIFACIENT. abortifacient (<l-bor-ta-fay-shant), n. A drug, article, or other thing designed or intended to produce an abortion. -Also (rarely) termed aborticide. abor tifacient, adj. abortion, n. (l6c) 1. An artificiallv induced termina tion of a pregnancy for the purp~se of destroying an embryo or fetus. _ In Roe v. Wade, the Supreme Court first recognized a woman's right to choose to end her pregnancy as a privacy right stemming from the Due Process Clause of the 14th Amendment. 410 U.S. 113,93 S.Ct. 705 (1973). Sixteen years later, in Webster v. Repro ductive Health Services, the Court permitted states to limit this right by allowing them to enact legislation that (1) prohibits public facilities or employees from performing abortions, (2) prohibits the use of public funds for family planning that includes information on abortion, or (3) severely limits the right to an abortion after a fetus becomes viable that is, could live inde pendently of its mother. 492 U.S. 490, 109 S.Ct. 3040 (1989). In 1992, the Court held that (1) before viabilitv, a woman has a fundamental right to choose to termi nate her pregnancy, (2) a law that imposes an undue burden on the woman's right to choose before viabil ity is unconstitutional, and (3) after viability, the state, in promoting its interest in potential human life, may regulate or prohibit abortion unless it is necessary to preserve the life or health ofthe mother. Planned Par enthood ofSoutheastern Pa. v. Casey, 505 U.S. 833,112 S.Ct. 2791 (1992). In 2000, the Court again considered abortion rights and reaffirmed Casey in holding the Nebraska law at issue unconstitutional because (1) it failed to provide an exception to preserve the health of the mother, and (2) it unduly burdened a woman's right to choose a late-term abortion, thereby unduly burdening her right to choose abortion itself. Stenberg v. Carhart, 530 U.S. 914, 120 S.Ct. 2597 (2000). Formerly also termed procuring an abortion; criminal operation; criminal miscarriage; procuring miscarriage. [Cases: Abortion and Birth Control <;:2100.1 2. The spontaneous expulsion of an embryo or fetus before viability; MISCARRIAGE. abort, vb. -abortionist, n. "The word 'abortion,' in the dictionary sense, means no more than the expulsion of a fetus before it is capable of living. In this sense it is a synonym of 'miscarriage.' With respect to human beings, however, it has long been used to refer to an intentionally induced miscarriage as distinguished from one resulting naturally or by accident. There has been some tendency to use the word to mean a criminal miscarriage, and there would be distinct advan tages in assigning this meaning to it; but there are so many references to lawful abortion or justification for abortion that it is necessary to speak of 'criminal abortion' or the 'crime of abortion' to emphasize the element of culpa bility." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 186-87 (3d ed. 1982). "Modern legal historians dispute whether, and to what extent. abortion constituted a crime at English common law. One view finds that. at most, abortion was an ecclesi astical crime, and concludes that the common law allowed a woman and her abortionist to terminate a pregnancy at all stages of gestation without secular penalties. Another claims that all abortions are at least secular wrongs to the fetus and that only the problems of proving a causal relationship between some abortions and fetal death prevented the punishment of all abortions. Substantial authority exists, however, for a middle ground: although no penalties attached to abortions before the fetus had quickened, performing a postquickening abortion was a common-law crime, most likely a misdemeanor." Susan Frelich Appleton, "Abortion," in 1 Encyclopedia of Crime and Justice 1, 1 (Sanford H. Kadish ed., 1983). forced abortion. An abortion performed without the mother's consent. induced abortion. An abortion purposely and arti ficially caused either by the mother herself or by a third party. See ABORTIFACIENT. [Cases: Abortion and Birth Control late-term abortion. An abortion performed during the latter stages of pregnancy, usu. after the middle of the second trimester. [Cases: Abortion and Birth Control <.r'-:;-106.] partial-birth abortion. An abortion in which a fetus is partly extruded from the womb and then destroyed. lCases: Abortion and Birth Control C=> lO9.] spontaneous abortion. See MISCARRIAGE. therapeutic abortion. An abortion carried out to preserve the life or health of the mother. [Cases: Abortion and Birth Control C=>O.5.J "Until recently it was common to speak of 'therapeutic abortion.' The literal meaning of the term is an abortion induced for medical reasons, but it was commonly under stood to mean one for the purpose of saving the mother's life ...." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 193 (3d ed. 1982). 7 abortive child. See CHILD. abortive trial. See MISTRIAL. aboutissement (a-boo-tees-mahn), n. [Law French] An abut tal or abutment. above, adj. & adv. (Of an appellate court) having the power to review the case at issue; having dealt with an appeal in the case at issue;<the court above> <when the case was heard above, the issue was not raised>. Cf. BELOW. above-mentioned, adj. See AFORESAID. above-stated, adj. See AFORESAID. above-the-line, adj. (1973) (Of a deduction) taken after calculating gross income and before calculat ing adjusted gross income. _ Examples ofabove-the line deductions are IRA contributions and moving expenses. Formerly, individual tax returns had a dark line above which these deductions were written. Cf. BELOW-THE-LINE. [Cases: Internal Revenue <>3114.J abpatruus (ab-pa-tro

THE-LINE. [Cases: Internal Revenue <>3114.J abpatruus (ab-pa-troo-"s), n. [Latin] Roman & civil law. A great-great-great uncle. Also termed patruus maximus. A-B-Q trust. See bypass trust under TRUST. abridge, vb. (14c) 1. To reduce or diminish <abridge one's civil liberties>. 2. To condense (as a book or other writing) <the author abridged the treatise before final publication>. abridgment. 1. The reduction or diminution of some thing concrete (as a treatise) or abstract (as a legal right). 2. A condensed version ofa longer work 3. Hist. A legal digest or encyclopedia. abridgment ofdamages. 1he right ofa court to reduce the damages in certain cases. See REMITTITUR. [Cases: New Trial <>162(1).J abroad, adv. Outside a country; esp., other than in a forum country. abrogare (ab-roh-gair-ee), vb. [LatinJ Roman law. (16c) To remove something from an old law by a new law. Also termed exrogare. abrogate (ab-r<l-gayt), vb. (16c) To abolish (a law or custom) by formal or authoritative action; to annul or repeal. Cf. OBROGATE. abrogation, n. abrogation ofadoption. Family law. An action brought by an adoptive parent to terminate the parent-child relationship by annulment ofthe decree ofadoption. _ An adoption may be nullified ifit resulted from fraud, misrepresentation, or undue influence, or if nullifi cation is in the child's best interests. -Also termed annulment of adoption. Cf. WRONGFUL ADOPTION. [Cases: Adoption <>16.] ABS. abbr. 1. AMERICAN BUREAU OF SHIPPING. 2. AUTO MATED BOND SYSTEM. 3. See able-bodied seaman under SEAMAN. abscond (ab-skond), vb. (16c) 1. To depart secretly or suddenly, esp. to avoid arrest, prosecution, or service of process. 2. To leave a place, usu. hurriedly, with absolute-bar rule another's money or property. -abscondence (ab-skon d"nts), n. -absconder, n. absconding debtor. See DEBTOR. absence, n. (14c) 1. The state of being away from one's usual place of residence. 2. A failure to appear, or to be available and reachable, when expected. 3. Louisiana law. The state of being an absent person. - Also termed (in sense 3) absentia. [Cases: Absentees <>2.] absent debtor. See DEBTOR. absente (ab-sen-tee). [LatinJ In the absence of. -This term formerly appeared in law reports to note the absence of a judge <the court, absente Ellis, J., was unanimous>. absentee, adj. Not present <absentee voter>. absentee, adv. In the manner ofone who is not present <Debby voted absentee>. absentee, n. (17c) 1. A person who is away from his or her usual residence; one who is absent. 2. A person who is not present where expected. 3. A person who either resides out ofstate or has departed from the state without having a representative there. [Cases: Absen tees <>2.] "Generally, a person is an absentee when he is absent from his domicile or usual place of residence; but in light of pertinent statutes he is an absentee when he is without the state and has no representative therein." 1 c.J,S. Absentee 2, at 339 (1985). absentee ballot. 1. See BALLOT (2). 2. See absentee voting under VOTING. absentee landlord. See LANDLORD. absentee management. See absentee landlord under LANDLORD. absentee vote. See absentee voting under VOTING. absentee voting. See VOTING. absente reo (ab-sen-tee ree-oh). [LatinJ The defendant being absent. -This phrase appears syntactically as what English language grammarians term a "nomina tive absolute." absentia. 1. See ABSENCE (3). 2. IN ABSENTIA. absent parent. See noncustodial parent under PARENT. absent person. See PERSON (1). ABSO. abbr. See ANTISOCIAL BEHAVIOR ORDER. absoile (ab-soyl), vb. See ASSOIL absolute, adj. (14c) 1. Free from restriction, qualifica tion, or condition <absolute ownership>. 2. Conclu sive and not liable to revision <absolute delivery>. 3. Unrestrained in the exercise of governmental power <absolute monarchy>. -absolute, n. absolute assignee. See ASSIGNEE. absolute assignment. See ASSIGNMENT (2). absolute auction. See auction without reserve under AUCTION. absolute-bar rule. The principle that, when a creditor sells collateral without giving reasonable notice to 8 absolute contraband the debtor, the creditor may not obtain a deficiency judgment tor any amount ofthe debt that is not satisfied by the sale. -The rule governs commercially unrea sonable sales made in violation of the Ucc. [Cases: Mortgages (;=>375,559(3); Secured Transactions C= 230,240.] absolute contraband. See CONTRABAND. absolute conveyance. See CONVEYANCE. absolute covenant. See COVENANT (1). absolute deed. See DEED. absolute defense. See real defense under DEFENSE (4). absolute delivery. See DELIVERY. absolute disparity. (1976) Constitutionallaw.lhe differ ence between the percentage of a group in the general population and the percentage of that group in the pool of prospective jurors on a venire. -For example, ifAfrican-Americans make up 12% of a county's popu lation and 8% of the potential jurors on a venire, the absolute disparity of African-American veniremem bers is 4%. The reason for calculating the disparity is to analyze a claim that the jury was not impartial because the venire from which it was chosen did not represent a fair cross-section of the jurisdiction's population. Some courts criticize the absolute-disparity analysis, favoring instead the comparative-disparity analysis, in the belief that the absolute-disparity analysis under states the deviation. See FAIR-CROSS-SECTION REQUIRE MENT; DUREN TEST; STATISTICAL-DECISION THEORY. Cf. COMPARATIVE DISPARITY. [Cases: JuryC=33(1.1).] absolute divorce. See divorce a vinculo matrimonii under DIVORCE. absolute duty. See DUTY (1). absolute estate. See ESTATE (1). absolute gift. See inter vivos gift under GIFT. absolute guaranty. See GUARANTY. absolute immunity. See IMMUNITY (1). absolute interest. See INTEREST (2). absolute law. (16c) A supposed law ofnature thought to be unchanging in principle, although circumstances may vary the way in which it is applied. See NATURAL LAW. absolute legacy. See LEGACY. absolute liability. See strict liability under LIABILITY. absolute majority. See MAJORITY. absolute martial law. See MARTIAL LAW. absolute novelty. See NOVELTY. absolute nuisance. See NUISANCE. absolute nullity. See NULLITY. absolute obligation. See OBLIGATION. absolute pardon. See PARDON. absolute pollution exclusion. See pollution exclusion under EXCLUSION (3). absolute presumption. See conclusive presumption under PRESUMPTION. absolute-priority rule. Bankruptcy. The rule that a confirmable reorganization plan must provide for full payment to a class of dissenting unsecured credi tors before a junior class of claimants will be allowed to receive or retain anything under the plan. -Some jurisdictions recognize an exception to this rule when a junior class member, usu. a partner or shareholder of the debtor, contributes new capital in exchange for an interest in the debtor. 11 USCA 1129(b)(2)(B)(ii). [Cases: Bankruptcy C=3561.] absolute privilege. See PRIVILEGE (1). absolute property. See PROPERTY. absolute right. See RIGHT. absolute sale. See SALE. absolute simulated contract. See CONTRACT. absolute title. See TITLE (2). absolute veto. See VETO. absolutio (ab-s;}-loo-shee-oh). See ABSOLUTION (2). absolution (ab-sd-Ioo-sh;m). 1. Release from a penalty; the act of absolving. 2. Civil law. An acquittal of a criminal charge. -Also termed absolutio. 3. Eccles. law. Official forgiveness of a sin or sins. absolutism (ab-s;}-]oo-tiz-;}m), n. In politics, the rule of a dictator whose power has no restrictions, checks, or balances; the belief in such a dictatorship. absolutist (ab-sa-Ioo-tist), adj. & n. absolve (ab-or ;}b-zolv), vb. (15c) 1. To release from an obligation, debt, or responsibility. 2. To free from the penalties for misconduct. -absolver, n. absolvitor (ab-sol-vi-tar), n. Scots law. A decision in a civil action in favor ofthe defender; an acquittal. absolvitory, adj. absorbable risk. See RISK. absorption, n. (18c) 1. The act or process of including or incorporating a thing into something else; esp., the application of rights guaranteed by the U.S. Constitu tion to actions by the states. 2. Int'llaw. The merger of one nation into another, whether voluntarily or by subjugation. 3. Labor law. In a postmerger collective bargaining agreement, a provision allowing senior ity for union members in the resulting entity. 4. Real estate. The rate at which property will be leased or sold on the market at a given time. 5. Commercial law. A sales method by which a manufacturer pays the reseH er's freight costs, which the manufacturer accounts for before quoting the reseUer a price. -Also termed (in sense 5) freight absorption. -absorb, vb. absque (abs-kwee), adv. [Latin] Without. absque aliquo inde reddendo (abs-kwee al-a-kwoh in-dee ri-den-doh), adv. [Law Latin] Rist. Without ren dering anything therefrom. -This phrase appeared in royal grants in which no tenure was reserved. 9 absque consideratione curiae (abs-kwee kan-sid-a-ray shee-oh-nee kyoor-ee-ee), adv. [Law Latin] Without the consideration ofthe court; without judgment. absque dubio (abs-kwee d[yJoo-bee-oh), adv. [Latin] Without doubt. absque hoc (abs-kwee hok), adv. [Latin] Archaic. Without this. -The phrase was formerly used in common-law pleading to introduce the denial ofallegations. - Also termed sans ce que. See TRAVERSE. absque impetitione vasti (abs-kwee im-pa-tish-ee oh-nee vas-tIl, adv. [Law Latin] Hist. See WITHOUT IMPEACHMENT OF WASTE. absque injuria damnum (ab-skwee in-joor-ee-a dam nam). [Civil law] See DAMNUM SINE INJURIA. Often shortened to absque injuria. absque ipsius regis speciali licentia (abs-kwee ip-see-as ree-jis spesh-ee-ay-h li-sen-shee-a). [Law Latin] Hist. Without the special authority ofthe king himself. -The phrase was part ofa law forbidding Crown vassals from transferring land without a special warrant. absque tali causa (abs-kwee tay-II kaw-za), adv. [Law Latin] Without such cause. _ In common-law pleading, this was part ofthe larger phrase de injuria sua propria, absque tali causa ("of his own wrong, without such cause") appearing in a reply that a trespass plaintiff made to counter a defendant's claim of excuse. In an assault case, for example, if a defendant pleaded that he had struck the plaintiff in self-defense, the plaintiff could reply that the defendant was gUilty of his own wrong committed without such cause as alleged. See DE INJURIA. ABS Rules. Maritime law. Industry standards for the construction, maintenance, and operation ofseagoing vessels and stationary offshore facilities, as set and enforced by the American Bureau of Shipping. See AMERICAN BUREAU OF SHIPPING. [Cases: Shipping C:;:> 14.] abstain, vb. 1. To voluntarily refrain from doing some thing, such as voting in a deliberative assembly. 2. (Of a federal court) to refrain from exercising jurisdiction over a matter. [Cases: Federal Courts C:::>41-65.] abstention. (16c) 1. The act of Withholding or keeping back (something or oneself); esp., the act of abstain ing from voting. 2. A federal court's relinquishment of jurisdiction when necessary to avoid needless contlict with a state's administration ofits own affairs. 3. The legal principle underlying such a relinquishment of jurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases: Federal Courts C:::

isdiction. Cf. COMITY; OUR FEDERALISM. [Cases: Federal Courts C:::>41-65.] Burford abstention. (1967) A federal court's refusal to review a state court's decision in cases involVing a complex regulatory scheme and sensitive areas of state concern. Burford v. Sun Oil Co., 319 U.S. 315,63 S.Ct. 1098 (1943). [Cases: Federal Courts C:::>43.] Colorado River abstention. (1976) A federal court's decision to abstain while relevant and parallel state court proceedings are under way. Colorado River abstract Water Conservation Dist. v. United States, 424 U.S. 800,96 S.Ct. 1236 (1976). [Cases: Federal Courts C:::> 43.] equitable abstention. A federal court's refraining from interfering with a state administrative agency's decision on a local matter when the aggrieved party has adequate relief in the state courts. permissive abstention. Bankruptcy. Abstention that a bankruptcy court can, but need not, exercise in a dispute that relates to the bankruptcy estate but that can be litigated, or is being litigated, in another forum. -In deciding whether to abstain, the bank ruptcy court must consider (1) the degree to which state law governs the case, (2) the appropriateness of the procedure to be followed in the other forum, (3) the remoteness of the dispute to the issues in the bankruptcy case, and (4) the presence of nondebtor parties in the dispute. 28 USCA 1334(c)(I). [Cases: Federal Courts ~-::>47.5.] Pullman abstention. (1963) A federal court's decision to abstain so that state courts will have an opportu nity to settle an underlying state-law question whose resolution may avert the need to decide a federal con stitutional question. Railroad Comm'n v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643 (1941). [Cases: Federal Courts C:::>43, 46.] Thibodaux abstention (tib-a-doh). (1974) A federal court's decision to abstain so that state courts can decide difficult issues of public importance that, if decided by the federal court, could result in unnec essary friction between state and federal authorities. Louisiana Power & Light Co. v. City afThibodaux, 360 U.S. 25, 79 S.Ct. 1070 (1959). [Cases: Federal Courts 43.] Younger abstention. (1972) 1. A federal court's decision not to interfere with an ongoing state criminal pro ceeding by issuing an injunction or granting declara tory relief, unless the prosecution has been brought in bad faith or merely as harassment. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746 (1971). Also termed equi table-restraint doctrine. [Cases: Federal Courts C:::>49, 51,54.] 2. By extension, a federal court's decision not to interfere with a state-court civil proceeding used to enforce the criminal law, as to abate an obscene nuisance. See OUR FEDERALISM. abstinence (ab-sta-n.Jnts). 1be practice of refraining completely from indulgence in some act; esp., the practice of not having sex or of not consuming alco holic beverages. abstract, n. (15c) 1. A concise statement of a text, esp. of a legal document; a summary. See ABSTRACT OF JUDGMENT; ABSTRACT OF TITLE. 2. Patents. A one-para graph summary ofan invention's design and function, including its nature, structure, purpose, and novelty. -The abstract is a required part of a patent applica tion, and also appears on the front page of the patent itself. It may not exceed 150 words. For the purpose of determining adequacy ofdisclosure, the abstract is 10 abstract compromis considered to be part ofthe specification. See 35 USCA 112. Also termed abstract ofthe disclosure; abstract ofthe specification. [Cases: Patents ~99.] abstract compromis. See general compromis under COM PROMIS. abstracter. See ABSTRACTOR. abstract idea. Intellectual Property. A concept or thought, removed from any tangible embodiment. An abstract idea is one of the categories of unpatent able subject matter, along with natural phenomena and laws ofnature. But a process that uses abstract ideas to produce a useful result can be patented. Copyright law likewise will not protect an abstract idea, but only its expression. The law ofunfair competition, on the other hand, does protect abstract ideas that meet the other criteria of a trade secret. See business-method patent under PATENT. [Cases: Patents ~6.] abstraction (ab-or <lb-strak-sh;m), n. (16c) 1. The mental process ofconsidering something without reference to a concrete instance <jurisprudence is largely the abstrac tion ofmany legal particulars>. 2. A theoretical idea not applied to any particular instance <utopia in any form is an abstraction>. 3. The summarizing and recording ofa legal instrument in public records <abstraction of the judgment in Tarrant County>. 4. The act oftaking with the intent to injure or defraud <the abstraction of funds was made possible by the forged signature on the check>. abstract (ab-strakt), vb. abstraction-filtration-comparison test. Copyright. A judicially created test for determining whether sub stantial similarity exists between two works in an action for infringement. _ First, the court dissects the copyrighted work's structure and isolates each level of abstraction or generality (abstraction test). Second, the court examines each level ofabstraction and separates out the unprotectable elements such as ideas, processes, facts, public-domain information, and merger material (filtration test). Finally, the court compares the result ing core of protectable expression with the accused work to determine whether substantial elements ofthe copyrighted work have been misappropriated (com parison test). This test was first applied by the Second Circuit in Computer Associates Int'l, Inc. v. Altai, Inc., 982 F.2d 693 (2d Cir. 1992). Although that case involved computer software and the test is usu. applied in software-infringement cases, the test has also been applied to nonsoftware works. -Also termed abstrac tion-filtration test. See SIMILARITY. Cf. ABSTRACTIONS TEST. [Cases: Copyrights and Intellectual PropertyG= 53(1).] abstractions test. Copyright. A means of comparing copyrighted material with material that allegedly infringes the copyright by examining whether the actual substance has been copied or whether the two works merely share the same abstract ideas. -The primary authority for the abstractions test is Judge Learned Hand's opinion in Nichols v. Universal Pictures Corp., 45 F.2d 119 (2d Cir. 1930). Although referred to as a "test," it is not a bright-line test, but an approach to discerning the boundaries ofprotectable expression by isolating and comparing each level ofabstraction in the two works, from the lowest (most detailed) to the highest (most conceptual). Cf. ABSTRACTION-FILTRA TION-COMPARISON TEST; LOOK-AND-FEEL TEST. [Cases: Copyrights and Intellectual Property (;::>53(1).] abstract juridical act. See ACT. abstract of a fine. See NOTE OF A FINE. abstract ofconviction. A summary ofthe court's finding on an offense, esp. a traffic violation. [Cases: Automo biles ~144.2(5.1).] abstract ofjudgment. (1812) A copy or summary of a judgment that, when filed with the appropriate public office, creates a lien on the judgment debtor's nonex empt property. See judgment lien under LIEN. [Cases: Judgment ~768(1).] abstract of record. An abbreviated case history that is complete enough to show an appellate court that the questions presented for review have been preserved. [Cases: Appeal and Error Criminal Law 1103.] abstract ofthe disclosure. See ABSTRACT (2). abstract ofthe specification. See ABSTRACT (2). abstract of title. (1858) A concise statement, usu. prepared for a mortgagee or purchaser ofreal property, summarizing the history of a piece ofland, including all conveyances, interests, liens, and encumbrances that affect title to the property. Also termed brief; briefof title. [Cases: Abstracts ofTitle good and merchantable abstract oftitle. An abstract of title shOWing clear, good, and marketable title, rather than showing only the history ofthe property. See clear title, good title, and marketable title under TITLE (2). abstractor (ab-or <lb-strak-t<lr). A person who prepares abstracts of title. -Also spelled abstracter. [Cases: Abstracts ofTitle ~3.] abstract qnestion. See HYPOTHETICAL QUESTION. absurdity, n. The state or quality ofbeing grossly unrea sonable; esp., an interpretation that would lead to an unconscionable result, esp. one that the parties or (esp. for a statute) the drafters could not have intended and probably never considered. Cf. GOLDEN RULE. [Cases: Contracts ~154; Statutes 181(2).] A-B trust. See bypass trust under TRUST. ab urbe condita (ab ar-bee kon-di-t<l). [Latin] From the founding of the city (esp. Rome in 753 B.C.). -This term is sometimes used in abbreviated form in clas sical dates. For example, the date "23 A.U.C." means "23 years after the founding of Rome," or 730 B.C. - Abbr. A.V.C. abuse (<I-byoos), n. (15c) 1. A departure from legal or reasonable use; misuse. 2. Physical or mental maltreat ment, often resulting in mental, emotional, sexual, or physical injury. -Also termed cruel and abusive treat ment. Cf. NEGLECT; CRUELTY. 11 abuse o/the elderly. (1971) Abuse of a senior citizen, esp. by a caregiver or relative. Examples include deprivation of food or medication, beatings, oral assaults, and isolation. -Also termed elder abuse. [Cases: Assault and Battery C=>48.] carnal abuse. See sexual abuse (1). child abuse. (1891) 1. Intentional or neglectful physical or emotional harm inflicted on a child, including sexual molestation; esp., a parent's or caregiver's act or failure to act that results in a child's exploitation, serious physical or emotional injury, sexual abuse, or death. 2. An act or failure to act that presents an imminent risk of serious harm to a child. Child abuse can be either intentional or negligent. The first case of child abuse actually prosecuted occurred in New York City in 1874. An eight-year-old girl named Mary Ellen was found to have been severely abused. Her abusers were prosecuted under the law for pre vention ofcruelty to animals, since no law protect ing children then existed. Child abuse was first recognized as a medical concern in 1962, when Dr. e. Henry Kempe introduced the medical concept ofbattered-child syndrome. Also termed cruelty to a child; cruelty to children; child maltreatment. See abused child under CHILD; battered child under CHILD; BATTERED-CHILD SYNDROME. Cf. secondary abuse. [Cases: Infants C=> 13-13.5(2), domestic abuse. See domestic violence under VIOLENCE. elder abuse. See abuse 0/the elderly. emotional abuse. Physical or verbal abuse that causes or could cause serious emotional injury. -Also termed mental abuse; psychological abuse. mental abuse. See emotional abuse. psychological abuse. See emotional abuse. secondary abuse. Emotional harm suffered by children who, although they are not physically abused, witness domestic violence within their families. [Cases: Infants C=> 156.] sexual abuse. (1874) 1. An illegal or wrongful sex act, esp. one performed against a minor by an adult. Also termed carnal abuse. [Cases: Assault and Battery C=>59; Rape 13.] 2. RAPE (2). [Cases: Rape C=> 13.] spousal abuse. (l978) PhYSical, sexual, or psychologi cal abuse inflicted by one spouse on the other spouse; esp., wife-beating. See BATTERED-WOMAN SYNDROME. [Cases: Assault and Battery C=>48.] verbal abuse. Emotional abuse inflicted by one person on another by means ofwords, esp. spoken words, in a way that causes distress, fear, or similar emotions. Verbal abuse may include name-calling, insults, threatening gestures, excessive and unfounded criti cism, humiliation, and denigration. -Also some times termed vulgar abuse. vulgar abuse. See verbal abuse. abuse-of-rights doctrine abuse (;:)-byooz), vb. (15c) 1. To damage (a thing). 2. To depart from legal or reasonable use in dealing with (a person or thing); to misuse.

(a thing). 2. To depart from legal or reasonable use in dealing with (a person or thing); to misuse. 3. To injure (a person) phYSically or mentally. 4. In the context of child welfare, to hurt or injure (a child) by maltreatment. In most states, a finding of abuse is generally limited to mal treatment that causes or threatens to cause lasting harm to the child. abused child. See CHILD. abusee (;:)-byoo-zee), n. One who is or has been abused. abuse excuse. (l994) Criminal law. The defense that a defendant cannot tell right from wrong or control impulses because ofphYSical or mental abuse suffered as a child . Like the traditional excuse of insanity, the abuse excuse is asserted by a defendant in an effort to mitigate or avoid culpability for the crime charged. Cf. BATTERED-CHILD SYNDROME; BATTERED-WOMAN SYNDROME. [Cases: Criminal Law abuse ofdiscovery. See DISCOVERY ABUSE. abuse of discretion. (l8c) 1. An adjudicator's failure to exercise sound, reasonable, and legal decision-making. [Cases: Courts C=>26.]2. An appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence. See DISCRETION (4). [Cases: Appeal and Error C=>946; Federal Courts C=>812.] abuse ofdistress. Hist. The wrongful seizure and use of another's property as a means ofcollecting damages or coercing the property's owner to perform a duty. abuse ofprocess. (1809) The improper and tortious use ofa legitimately issued court process to obtain a result that is either unlawful or beyond the process's scope. Also termed abuse oflegal process; malicious abuse ofprocess; malicious abuse o/legal process; wrongful process; wrongful process oflaw. Cf. MALICIOUS PROS ECUTION. [Cases: Process C=> l72-213.] "One who uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which it is not designed is subject to liability to the other for harm caused by the abuse of process." Restatement (Second) of Torts 682 (1977). abuse of rights. 1. Int'llaw. A country's exercise of a right either in a way that impedes the enjoyment by other countries of their own rights or for a purpose different from that for which the right was created (e.g., to harm another country). 2. Louisiana law. A person's exercise of a right in an unneighborly spirit that provides no benefit to the person but causes damage to the neighbor. abuse-of-rights doctrine. Civil law. The principle that a person may be liable for harm caused by doing some thing the person has a right to do, if the right is exer cised (1) for the purpose or primary motive ofcausing harm, (2) without a serious and legitimate interest that is deserving ofjudicial protection, (3) against moral rules, good faith, or elementary fairness, or (4) for a purpose other than its intended legal purpose. [Cases: Torts C=>435.] 12 abuse of the elderly abuse ofthe elderly. See ABUSE. abuse-of-the-writ doctrine. (I973) Criminal procedure. The principle that a petition for a writ ofhabeas corpus may not raise claims that should have been, but were not, asserted in a previous petition. Cf. SUCCESSIVE WRIT DOCTRINE. [Cases: Habeas Corpus e:.~896.] abuser (a-byoo-zar), n. 1. One who abuses someone or something. 2. ABUSE (1). abusive (.3-byoo-siv), adj. 1. Characterized by wrongful or improper use <abusive discovery tactics>. 2. (Of a person) habitually cruel, malicious, or violent <abusive parent>. -abusively, adv. abusus (.3-byoo-s.3s), n. Civil law. The right to dispose of one's property. abut (a-b;)t), vb. (15c) To join at a border or boundary; to share a common boundary with <the company's land in Arizona abuts the Navajo Indian reservation>. abutment (a-bat-mant), n. abuttals (a-b<'Jt-alz). (17c) Land boundaries; the boundary lines of a piece of land in relation to other contiguous lands. Also termed (archaically) buttals. abutter (a-bat-.3r). 1. The owner of adjoining land; one whose property abuts another's. [Cases: Adjoining Landowners C=c 1.] "The major right of [an abutter) is that of access to his property a right of reasonable ingress and egress. He is entitled to compensation for any substantial impairment of this reasonable access. The right normally includes the right to have, at some point, a driveway onto his premises. An abutter does not have the right to the continued flow of traffic in the same amount or pattern past his premises." Osborne M. Reynolds Jr., Handbook of Local Government Law 180, at 620 (1982). 2. Land that adjoins the land in question. abutting foot. See FRONT FOOT. ale. abbr. ACCOUNT (4). academic, adj. 1. Of or relating to a school or a field of study; esp., of or relating to a field of study that is not vocational or commercial, such as the liberal arts <academic courses>. 2. Theoretical; specif., not practi calor immediately useful <academic question>. academic freedom. (1863) The right (esp. ofa university teacher) to speak freely about political or ideological issues without fear ofloss ofposition or other reprisaL [Cases: Colleges and Universities C=c8.l(3).] academic lawyer. A law professor, usu. one who main tains a law practice on the side. Academie de Droit International de La Haye. See HAGUE ACADEMY OF INTERNATIONAL LAW. academy. 1. An institution of higher learning. 2. An association dedicated to the advancement of knowledge in a particular field, such as the American Academy of Matrimonial Lawyers. 3. A private high school. 4. (cap.) A garden near Athens where Plato taught; hence, the school of philosophy that he led. a cancellando (ay kan-sd-lan-doh). [Law Latin) From canceling. "It has its name of chancery, cancellaria, from the judge who presides here, the lord chancellor or cancellaYius; who, Sir Edward Coke tells us, is so termed a cancellando, from cancelling the king's letters patents when granted contrary to law ... ." 3 William Blackstone, Commentaries on the Laws of England 46 (1768). a cancellis (ay kan-sel-is), n. [Law Latin) Rist. A chancel lor, so called because he performed the duties of office behind a cancelli ("lattice"). a cancellis curiae explodi (ay kan-sel-is kyoor-ee-I ek sploh-dI). [Law Latin] Hist. To be expelled from the bar of the court. a cause de cy (ay kaw-zd dd see), adv. [Law French] For this reason. accedas ad curiam (ak-see-das ad kyoor-ee-am), n. [Law Latin "you are to go to the court"] Hist. An original writ for removing a replevin action to a royal court from either of two feudal courts a court baron or a hundred court. -It is a recordare facias loquelam for replevin actions. See RECORDARE FACIAS LOQUELAM. accede (ak-seed), vb. 1. To consent or agree. 2. To be added (to something else) through accession. 3. To adopt. See ADOPTION (5). 4. (Of a body politic) to accept unification with or annexation into another body politic. -accession, n. accedence (ak-see dants), n. Accelerated Cost Recovery System. An accounting method that is used to calculate asset depreciation and that allows for the faster recovery of costs by assigning the asset a shorter useful life than was previously per mitted under the Internal Revenue Code. -This system applies to property put into service from 1981 to 1986. It was replaced in 1986 by the Modified Accelerated Cost Recovery System. Abbr. ACRS. [Cases: Internal RevenueC=c3476.] accelerated depreciation. See DEPRECIATION. accelerated depreciation method. See DEPRECIATION METHOD. accelerated disclosure. See accelerated discovery under DISCOVERY. accelerated discovery. See DISCOVERY. accelerated-reentry theory. See POST-EXPIRATION-SALES THEORY. accelerated remainder. See REMAINDER. acceleration, n. 1. The advancing of a loan agreement's maturity date so that payment of the entire debt is due immediately. [Cases: Bills and Notes 129(2).) 2. The shortening ofthe time for vesting in possession of an expectant interest. Also termed acceleration of remainder. [Cases: Remainders <~='5.]3. Property. The hastening ofan owner's time for enjoyment ofan estate because ofthe failure ofa preceding estate. 4. Securities. The SEC's expediting of a registration statement's effec tive date so that the registrant bypasses the required 20-day waiting period. -accelerate, vb. acceleration clause. (1905) A loan-agreement provision that requires the debtor to payoff the balance sooner 13 acceptance than the due date if some specified event occurs, such as failure to pay an installment or to maintain insurance. Cf. DEMAND CLAUSE; INSECURITY CLAUSE. [Cases: Bills and Notes (::=> 129(2).] acceleration of remainder. See ACCELERATION (2). Acceptable Identification of Goods and Services Manual. Trademarks. A U.S. Government publication that sets forth, for goods and services, known accept able international class categorizations and descriptions that may be used in trademark applications submit ted to the U.S. Patent and Trademark Office. This manual is available from the U.S. Government Printing Office, Washington, D.C. 20402 and through the PTO's website at http://www.uspto.gov. [Cases: Trademarks (::=> 1282, l369.] acceptance, n. (16c) 1. An offeree's assent, either by express act or by implication from conduct, to the terms ofan offer in a manner authorized or requested by the offeror, so that a binding contract is formed. If an acceptance modifies the terms or adds new ones, it generally operates as a counteroffer. Cf. OFFER. [Cases: Contracts (::=>22(1).] acceptance by silence. Acceptance of an offer not by explicit words but through the lack of an offeree's response in circumstances in which the relationship between the offeror and the offeree justifies both the offeror's expectation of a reply and the offeror's rea sonable conclusion that the lack of one signals accep tance. Ordinarily, silence does not give rise to an acceptance ofan offer. [Cases: Contracts (::=>22(1).] qualified acceptance. A conditional or partial accep tance that varies the original terms of an offer and operates as a counteroffer; esp., in negotiable instru ments (bills of exchange), an acceptor's variation of the terms of the instrument. [Cases: Bills and Notes (::=>83; Contracts (::=>23.] 2. A buyer's assent that the goods are to be taken in per formance ofa contract for sale . Under UCC 2-606, a buyer's acceptance consists in (1) signifying to the seller that the goods are conforming ones or that the buyer will take them despite nonconformities, (2) not making an effective rejection, or (3) taking any action inconsistent with the seller's ownership. Ifthe contract is for the sale ofgoods that are not identified when the contract is entered into, there is no acceptance until the buyer has had a reasonable time to examine the goods. But if the buyer deals with them as owner, as by resell ing them, a court may find constructive acceptance. [Cases: Sales (::=> 178(1).] "Acceptance means communicated acceptance .... [It] must be something more than a mere mental assent." William R. Anson, Principles of the Law of Contract 34 (Arthur L. Corbin ed., 3d Am. ed. 1919). [But Corbin adds:] ''This use of the word 'communicated' is open to some objection. To very many persons the word means that knowledge has been received. Frequently a contract is made even though the offeror has no such knowledge. In such case the accep tance is not 'communicated' and yet it consummates the contract." Id. n.2. "Acceptance of a conveyance or of a document containing a promise is a manifestation of assent to the terms thereof made, either before or after delivery, in accordance with any requirements imposed by the grantor or promisor. If the acceptance occurs before delivery and is not binding as an option contract, it is revocable until the moment of delivery." Restatement (Second) of Contracts 106 (1979). 3. The formal receipt of and agreement to pay a nego tiable instrument. [Cases: Bills and Notes (::=>66-84.] 4. A negotiable instrument, esp. a bill ofexchange, that has been accepted for payment. acceptance au besoin (oh b;l-zwan). [French "in case of need"] An acceptance by one who has agreed to pay the draft in case the drawee fails to do so.

in case of need"] An acceptance by one who has agreed to pay the draft in case the drawee fails to do so. acceptance for honor. An acceptance or undertaking not by a party to the instrument, but by a third party, for the purpose of protecting the honor or credit of one of the parties, by which the third party agrees to pay the debt when it becomes due if the original drawee does not. This type of acceptance inures to the benefit ofall successors to the party for whose benefit it is made. -Also termed acceptance supra protest; acceptance for honor supra protest. [Cases: Bills and Notes (::=>7l.] '''Acceptance for honour supra protest' is an exception to the rule that only the drawee can accept a bill. A bill which has been dishonoured by non-acceptance and is not overdue may, with the consent of the holder, be accepted in this way for the honour of either the drawer or an indorser (i.e., to prevent the bill being sent back upon the drawer or indorser as unpaid) by a friend placing his own name upon it as acceptor for the whole, or part only, of the amount of the bill; after a protest has been drawn up declaratory of its dishonour by the drawee. Similarly, where a bill has been dishonoured by non-payment and protested any person may intervene and pay it supra protest for the honour of any person liable thereon; the effect being to discharge all parties subsequent to the party for whose honour it is paid." 2 Stephen's Commentaries on the Laws of England 202-03 (L. Crispin Warmington ed., 21 st ed. 1950). accommodation acceptance. (1807) The acceptance of an offer to buy goods for current or prompt shipment by shipping nonconforming goods after notifying the buyer that the shipment is intended as an accommo dation. This type of "acceptance" is not truly an acceptance under contract law, but operates instead as a counteroffer ifthe buyer is duly notified. [Cases: Sales (::=>23(4).] banker'S acceptance. A bill ofexchange drawn on and accepted by a commercial bank. Banker'S accep tances are often issued to finance the sale ofgoods in international trade. -Abbr. BA. -Also termed bank acceptance. [Cases: Banks and Banking (::=> 189; Bills and Notes (::=> 15l.] blank acceptance. Acceptance by a bill-of-exchange drawee before the bill is made, as indicated by the drawee's signature on the instrument. conditional acceptance. An agreement to pay a draft on the occurrence or nonoccurrence of a particular event. [Cases: Bills and Notes (::=>83.] 14 acceptance au besoin express acceptance. A written or oral expression indi cating that the drawee has seen the instrument and does not dispute its sufficiency . While a written acceptance is typically signified by the stamped or written word "accepted" or "presented," usu. on the instrument itself, an oral acceptance must be made directly to a drawer or holder who has waived the right to a written acceptance. implied acceptance. An acceptance implied by a drawee whose actions indicate an intention to comply with the request of the drawer; conduct by the drawee from which the holder is justified in concluding that the drawee intends to accept the instrument. [Cases: Bills and Notes <>=-70.] special acceptance. An acceptance that departs from either the terms of a bill or the terms added to but not otherwise expressed in a bilL. An example is an acceptance ofa draft as payable in a particular place even though the draft contains no such limitation. Bills and Notes (;::::>83.] trade acceptance. A bill of exchange for the amount of a specific purchase, drawn on and accepted by the buyer for payment at a speCified time. [Cases: Bills and Notes (;=)1.] 5. An insurer's agreement to issue a policy ofinsurance. [Cases: Insurance (;::::> 1731.] "And in some instances, insurance companies have even specified in the application forms that acceptance of an applicant'S offer will not occur until the insurance policy is literally delivered to the applicant that is, the insurer chooses to structure the arrangement so that acceptance is to be manifested by the physical delivery of the insur ance policy to the applicant." Robert E. Keeton & Alan I. Widiss, Insurance Law: A Guide to Fundamental Principles, Legal Doctrines, and Commercial Practices 2.1, at 39-40 (1988). 6. An heir's agreement to take an inheritance. See TACIT ACCEPTANCE. 7. See ADOPTION (5). accept, vb. acceptance au besoin. See ACCEPTANCE (4). acceptance by silence. See ACCEPTANCE (1). acceptance company. See sales finance company under FI:-lANCE COMPANY. acceptance credit. See time letter ofcredit under LETTER OF CREDIT. acceptance criteria. Intellectual Property. Agreed-on performance standards that custom-made products such as computer software or hardware or a commer cial website must meet before the customer is legally obligated to accept the product and pay for it. acceptance doctrine. Construction law. The principle that, once a property owner accepts the work ofa con tractor, the contractor is not liable to third parties for an injury arising from the contractor's negligence in performing under the contract, unless the injury results from a hidden, imminently dangerous defect that the contractor knows about and the owner does not know about. Also termed accepted-work doctrine. [Cases: Negligence 1205(8).J acceptance for honor. See ACCEPTANCE (4). acceptance-of-the-benefits rule. (1972) The doctrine that a party may not appeal a judgment after having voluntarily and intentionally received all or some part of the relief provided by it. [Cases: Appeal and Error C::c160; Federal Courts (;::::>543.] acceptance sampling. The practice of examining only a few items from a shipment to determine the accept ability ofthe whole shipment. acceptance supra protest. See acceptance for honor under ACCEPTANCE (4). acceptance testing. Intellectual Property. Formal experi ments conducted by or on behalf of the customer to determine whether computer software or hardware or a commercial website satisfies the customer's accep tance criteria . Usu., an acceptance-testing provision in a sales contract or license agreement is accompanied by a termination provision allowing the customer to back out of the contract if the product is not accept able. Also termed requirements testing. See ACCEP TANCE CRITERIA. [Cases: Copyrights and Intellectual Property (;::::> lO7.] acceptare (ak-sep4air-ee), vb. [Latin] Civil law. To accept or assent to, as a promise made by another. accepted-work doctrine. See ACCEPTANCE DOCTRINE. acceptilation (ak-sep-td-lay-sh;m), n. [fro Latin accepti latio "release"] Roman & civil law. An oral release from an obligation even though payment has not been made in full; a complete discharge, esp. through a fictitious payment. Also termed (in Roman law) acceptilatio. Cf.APOCHA. acceptor. A person or entity that accepts a negotiable instrument and agrees to be primarily responsible for its or performance. [Cases: Bills and Notes acceptor supra protest. One who accepts a bill that has been protested, for the honor of the drawer or an indorser. See acceptance for honor under ACCEPTANCE (4). [Cases: Bills and Notes C=>71,80.] accept service. To agree that process has been properly served even when it has not been. Also termed accept service ofprocess. [Cases: Process 166.] access, n. 1. An opportunity or ability to enter, approach, pass to and from, or communicate with <access to the courts>. 2. Family law. VISITATION (2). 3. Family law. The opportunity to have sexual intercourse. Cf. NON ACCESS. multiple access. Hist. In a paternity suit, the defense that the mother had one or more sexual partners other than the defendant around the time ofconcep tion. The basis for the defense is that because the mother bears the burden of proof, she must be able to prove that only the defendant could be the child's father. In some jurisdictions, this is still known by its common-law name, the exceptio plurium concuben tium defense, or simply the plurium defense. Juries or judges who wished to dismiss the case because 15 accessory of the mother's promiscuity, rather than because of the improbability of the defendant's paternity, often accepted this defense. Most states have now abro gated the defense. In recent years the issue of multiple access has declined in importance with the rise of highly accurate paternity testing. [Cases: Children Out-of-Wedlock C=;>50.] 4. Patents & Trademarks. The right to obtain infor mation about and to inspect and copy U.S. Patent and Trademark Office files of patents, patent applications, trademark applications, and inter partes proceedings pertaining to them. 5. Copyright. An opportunity by one accused of infringement to see, hear, or copy a copyrighted work before the alleged infringement took place <the duplication of the error proved that the defendant had access to the work> . Proof of access is required to prove copyright infringement unless the two works are strikingly similar. [Cases: Copyrights and Intellectual Property C=;>83(3.1).] "Since direct evidence of copying is rarely available, a plaintiff can rely upon circumstantial evidence to prove this essential element; the most important component of such circumstantial evidence to support a copyright infringement claim is proof of access. Evidence of access and substantial similarity create an inference of copying and establish a prima facie case of copying." 18 Am. Jur. 2d Copyright and Literary Property 206 (1985). 6. Copyright. The right to obtain information about and to inspect and copy U.S. Copyright Office files and deposited materials. See (for senses 3 & 4) POWER TO INSPECT. -access, vb. access easement. See EASEMENT. accessio (ak-s;}sh-ee-oh) n. [Latin] Roman law. 1. The doctrine by wp.ich something of lesser size, value, or importance is integrated into something of greater size, value, or importance. "If the identity of one thing (the accessory) is merged and lost in the identity of the other (the principal), the owner of the principal is the owner of the thing.... There is said to be accessio . ... The term is used by some com mentators (and, following them, by the French Civil Code) in a much wider sense to include all cases in which there has been an addition to my right, i.e. in which the object of my ownership has increased. The owner of an animal therefore acquires ownership of the young of the animal at birth by accessio, though in physical terms there has been not an accession but a separation. In this sense accessio includes all the original natural modes except occupatio and thesauri inventio. And there are other, intermediate, meanings. Since accessio as an abstract word is not Roman and no clear classification emerges from the texts, no one meaning or classification can be said to be 'right,' but those adopted by the French Civil Code are so wide as to be almost meaningless." Barry Nicholas, An Introduction to Roman Law 133 & n.1 (1962). 2. ACCESSION (4). accession (ak-sesh-.m). (16c) 1. The act of acceding or agreeing <the family's accession to the kidnapper's demands>. 2. A coming into possession of a right or office <as promised, the state's budget was balanced within two years after the governor's accession>. 3. Int'l law. A method by which a nation that is not among a treaty's original signatories becomes a party to it. <Italy became a party to the nuclear-arms treaty by accession>. See Vienna Convention on the Law ofTreaties, art. 15 (1155 U.N.T.S. 331, 8 LL.M. 679 (1969)). -Also termed adherence; adhesion. See INSTRUMENT OF ACCESSION. 4. The acquisition of title to personal property by bestow ing labor on a raw material to convert it to another thing <the owner's accession to the lumber produced from his land>. -Also termed (in Roman law) accessio. See ADJUNCTION (2). [Cases: Accession C=;> 1.] "Accessio is the combination of two chattels belonging to different persons into a single article: as when A's cloth is used to patch B's coat, or a vehicle let on hirepurchase has new accessories fitted to it." R.F.V. Heuston, Salmond on the Law of Torts 113 (17th ed. 1977). 5. A property owner's right to all that is added to the property (esp. land) naturally or by labor, including land left by floods and improvements made by others <the newly poured concrete driveway became the hom eowner,s property by accession> . In Louisiana law, accession is the owner's right to whatever is produced by or united with something, either naturally or arti ficially. La. Civ. Code arts. 483, 490, 507. Cf. ANNEXA TION. 6. An improvement to existing personal property, such as new shafts on golf clubs. "The problem of accessions arises infrequently, judging from reported cases, but an obvious instance of the dif ficulty arises where a motor vehicle is being financed by a secured party and the debtor in possession of necessity acquires a new engine or new tires for the vehicle .... Ifthe seller of the engine or tires reserved a security interest at the time the goods were installed, the seller should prevail over the vehicle's secured party, with a right to remove the accessions. Conversely, if the sale were on open credit with no security interest reserved, or if the seller acquired a security interest after installation of the goods, then the financer of the

with no security interest reserved, or if the seller acquired a security interest after installation of the goods, then the financer of the vehicle should prevail." Ray D. Henson, Handbook on Secured Transactions Under the Uniform Commercial Code 4-22, at 93 (2d ed. 1979). 7. The physical uniting of goods with other goods in such a manner that the identity ofthe original goods is not lost. UCC 9-102(a)(I). 8. ACCESSORYSHIP. access order. See VISITATION ORDER. accessorial (ak-s;}-sor-ee-;}l), adj. 1. (Of a promise) made for the purpose of strengthening another's credit <an accessorial pledge by way of guaranty>. -Also termed accessory. 2. Criminal law. Of or relating to the acces sory in a crime <accessorial guilt>. [Cases: Criminal Law C=;>68-77.] accessorial obligation. See COLLATERAL OBLIGATION. accessory (ak-ses-;}-ree), n. (15c) 1. Something of sec ondary or subordinate importance. 2. Criminal law. A person who aids or contributes in the commission or concealment of a crime . An accessory is usu. liable only if the crime is a felony. Cf. PRINCIPAL (2). [Cases: Criminal LawC=;>68-77; HomicideC=;>573.]- acces sory, adj. -accessoryship, n. "In most jurisdictions, the common-law distinctions between principals and accessories have largely been abolished, although the pertinent statutes vary in form and substance. Conceptually, the common-law pattern remains the same: The person who aids, abets, commands, counsels, or otherwise encourages another to commit a crime is still regarded as a party to the underlying crime 16 accessory building as at common law, even though the labels principal in the first degree, principal in the second degree, and accessory before the fact are no longer used, and even though it usually does not matter whether the aider and abettor is or is not present at the scene ofthe crime." 1 Charles E. Torcia, Wharton'S Criminal Law 35, at 202-03 (l5th ed. 1993). accessory after the fact. (I7c) An accessory who was not at the scene of the crime but knows that a crime has been committed and who helps the offender try to escape arrest or punishment. 18 USCA 3. -Most penal statutes establish the folloWing four require ments: (1) someone else must have committed a felony, and it must have been completed before the accessory's act; (2) the accessory must not be guilty as a principal; (3) the accessory must personally help the principal try to avoid the consequences of the felony; and (4) the accessory's assistance must be rendered with guilty knowledge. An accessory after the fact may be prosecuted for obstructing justice. -Some times shortened to accessory after. [Cases: Criminal Law (>74, 82.] "At common law, an accessory after the fact is one who, knowing that a felony has been committed by another, receives, relieves, comforts, or assists the felon, or in any manner aids him to escape arrest or punishment. To be guilty as an accessory after the fact one must have known that a completed felony was committed, and that the person aided was the guilty party. The mere presence of the defendant at the scene of the crime will not preclude a conviction as an accessory after the fact, where the evidence shows the defendant became involved in the crime after its commission." 21 Am. jur. 2d Criminal Law 209, at 275-76 (1998). accessory at the fact. See principal in the second degree under PRINCIPAL (2). "A principal in the second degree is one by whom the actual perpetrator of the felony is aided and abetted at the very time when it is committed; for instance, a car owner sitting beside the chauffeur who kills someone by over-fast driving, or a passenger on a dandestinejoy-riding expedition which results in manslaughter; or a bigamist's second 'wife,' if she knows he is committing bigamy. (In early law he was not ranked as a principal at ali, but only as a third kind of accessory the accessory at the fact.)" j.W. Cecil Turner, Kenny's Outlines ofCriminal Law 86 (l6th ed.1952). accessory before the fact. (17c) An accessory who assists or encourages another to commit a crime but who is not present when the offense is actually committed. -Most jurisdictions have abolished this category of accessory and instead treat such an offender as an accomplice. -Sometimes shortened to accessory before. See ACCOMPLlCE. [Cases: Criminal Law (> 68,8l.] "An accessory before the fact is a person who procures or advises one or more of the principals to commit the felony. This definition requires from him an instigation so active that a person who is merely shown to have acted as the stake-holder for a prize-fight, which ended fatally, would not be punishable as an accessory. The fact that a crime has been committed in a manner different from the mode which the accessory had advised will not excuse him from liability for it. Accordingly if A hires B to poison C, but B instead kills C by shooting him, A is none the less liable as accessory before the fact to COs murder. But a man who has counselled a crime does not become liable as accessory if, instead of any form of the crime suggested, an entirely different offence is committed." J.W. Cecil Turner, Kenny's Outlines ofCriminal Law 88 (16th ed. 1952). accessory building. See BUILDING. accessory contract. See CONTRACT. accessory obligation. See OBLlGATION. accessory right. See RIGHT. accessoryship. The status or fact ofbeing an accessory. Also termed (loosely) accession. accessory thing. See THING. accessory use. See USE (1). access to counsel. See RIGHT TO COUNSEL. access to justice. The ability within a society to use courts and other legal institutions effectively to protect one's rights and pursue claims. access-to-justice commissiou. An agency of a state's judicial system designed to encourage the judicial, executive, and legislative branches ofgovernment, the bar, law schools, legal-aid providers, and others to work together to proVide civil legal services to low-income citizens. accident, n. (14,) 1. An unintended and unforeseen inju rious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated. 2. Equity practice. An unforeseen and injurious occurrence not attributable to the victim's mistake, negligence, neglect, or misconduct; an unan ticipated and untoward event that causes harm. "The word 'accident,' in accident poliCies, means an event which takes place without one's foresight or expecta tion. A result, though unexpected, is not an accident; the means or cause must be aCCidental. Death resulting from voluntary physical exertions or from intentional acts of the insured is not aCCidental, nor is disease or death caused by the viciSSitudes of climate or atmosphere the result of an accident; but where, in the act which precedes an injury, something unforeseen or unusual occurs which produces the injury, the injury results through accident." lAjohn Alan Appleman &jean Appleman, Insurance Law and Practice 360, at 455 (rev. vol. 1981). "Policies of liability insurance as well as property and personal injury insurance frequently limit coverage to losses that are caused by 'accident.' In attempting to accommodate the layman's understanding of the term, courts have broadly defined the word to mean an occur rence which is unforeseen, unexpected, extraordinary, either by virtue of the fact that it occurred at all, or because of the extent of the damage. An aCCident can be either a sudden happening or a slowly evolving process like the percolation of harmful substances through the ground. Qualification of a particular incident as an accident seems to depend on two criteria; 1. the degree of foreseeability, and 2. the state of mind of the actor in intending or not intending the result." John F. Dobbyn, Insurance Law in a Nutshell 128 (3d ed. 1996). culpable accident. An accident due to negligence. _ A culpable accident, unlike an unavoidable accident, is no defense except in those few cases in which wrongful intent is the exclusive and necessary basis for liability. unavoidable accident. An accident that cannot be avoided because it is produced by an irresistible 17 physical cause that cannot be prevented by human skill or reasonable foresight. Examples include acci dents resulting from lightning or storms, perils ofthe sea, inundations or earthquakes, or sudden illness or death. Unavoidable accident has been considered a means of avoiding both civil and criminalliabil ity. Also termed inevitable accident; pure accident; unavoidable casualty. Cf. ACT OF GOD. lCases: Auto mobiles (::::::.201(10); Negligence (::::::-440.] "Inevitable accident ... does not mean a catastrophe which could not have been avoided by any precaution whatever, but such as could not have been avoided by a reasonable man at the moment at which it occurred, and it is common knowledge that a reasonable man is not credited with per fection of judgment." P.H. Winfield, A Textbook of the Law of Tort 15, at 43 (5th ed. 1950). "An unavoidable accident is an occurrence which was not intended and which, under all the circumstances, could not have been foreseen or prevented by the exercise of reasonable precautions. That is, an accident is considered unavoidable or inevitable at law if it was not proximately caused by the negligence of any party to the action, or to the accident:' W. Page Keeton et al.. The Law ofTorts 29, at 162 (5th ed. 1984). accidental, adj. 1. Not having occurred as a result of anyone's purposeful act; esp., resulting from an event that could not have been prevented by human skill or reasonable foresight. 2. Not having been caused by a tortious act. accidental death. See DEATH. accidental-death benefit. An insurance-policy provi sion that allows for an additional payment (often double the face amount of the policy) if the insured dies as a result of an accident, as defined in the policy, and not from natural causes. Abbr. ADB. [Cases: Insurance (,'='2599.] accidental harm. See HARM. accidentalia (ak-si-den-tay-lee-;J). [Law Latin "accidental things"] Hist. Incidents ofa contract; nonessential con tractual terms to which the parties expressly stipulate. Cf. ESSENTALIA. "Accidentalia have their existence entirely by express stipu lation, and are never presumed without it." William Bell, Bel/'S Dictionary and Digest of the Law of Scotland 406 (George Watson ed., 7th ed. 1890). accidentalia feudi (ak-si-den-tay-lee-a fyoo-dl). [Law Latin] Hist. All nonessential terms in a feudal contract; esp., those that are not essential to the fee (such as building restrictions). Cf. ESSENTIALIA FEUD!. accidental injury. See INJURY. accidental killing. (17c) Homicide resulting from a lawful act performed in a lawful manner under a reasonable belief that no harm could occur. -Also termed death by misadventure; homicide by misadventure; killing by misadventure; homicide per infortunium. Seejustifiable homicide under HOMICIDE; involuntary manslaughter under MANSLAUGHTER. Cf. MALICIOUS KILLING. [Cases: Homicide accidental stranding. See STRANDING. accommodation accident and health insurance. See health insurance under INSURANCE. accident-based insurance. See occurrence-based liability insurance under INSURANCE. accident insurance. See INSURANCE. accident policy. See INSURANCE POLICY. accidere (ak-sid-;Jr-ee), vb. [Latin] Civil law. 1. To fall down. 2. By extension, to befall or happen to. accipe ecclesiam (ak-si-pee e-klee-z[h]ee-;Jm). [Law Latin]lIist. Eccles. law. Receive this church or living. The phrase was used by Patrons in presenting an incumbent to a vacant parish. Trado tibi ecclesiam ("I deliver this church [or living] to you") was also used. Cf. TRADO TIBI ECCLESIAM. accipere (ak-sip-;Jr-ee), vb. [Latin] Civil law. To receive; esp., to take under a wilL accipitare (ak-sip-;>-tair-ee), vb. [Law Latin] Hist. To pay (a lord) in order to become a vassal; esp., to pay relief upon succeeding to an estate. acclamation. Parliamentary law. 1. Approval or election by general consent, usu. demonstrated by applause or cheering. Election by acclamation is common in large conventions where only one candidate has been nomi nated. 2. Voting by applause or shouting. accola (ak-;>-[;, n. [Latin "person living nearby"] 1. Roman law. A person who inhabits or occupies land near a certain place, such as one who dwells near a river. 2. Hist. An agricultural tenant; a tenant of a

near a certain place, such as one who dwells near a river. 2. Hist. An agricultural tenant; a tenant of a manor. accomenda (ak-;>-men-d;. Hist. Maritime law. A contract between a cargo owner and a shipmas ter whereby the parties agree to sell the cargo and divide the profits (after dedUCting the owner's costs). This contract actually consists of two agreements: a mandatum, by which the owner gives the shipmaster the power to dispose of the cargo, and a partnership contract, by which the parties divide any profits arising from the sale. See MANDATE (5). accommodated party. A party for whose benefit an accommodation party signs and incurs liability. Cf. ACCOMMODATION PARTY. [Cases: Bills and Notes (:::::: 48,122.] accommodation, n. (17c) 1. A loan or other financial favor. 2. The act of signing an accommodation paper as surety for another. See ACCOMMODATION PAPER. 3. The act or an instance of making a change or provision for someone or something; an adaptation or adjustment. 4. A convenience supplied by someone; esp., lodging and food. public accommodation. (1859) A business that provides lodging, food, entertainment, or other services to the public; esp. (as defined by the Civil Rights Act of 1964), one that affects interstate commerce or is supported by state action. [Cases: Civil Rights 1043.] reasonable accommodation. An adaptation, adjust ment, or allowance made for a disabled person's needs 18 accommodation acceptance or an employee's religious beliefs or practices without imposing an undue hardship on the party taking the action. -Under the Americans with Disabilities Act, an employer must make reasonable accommodations for an employee'S disability. Examples of reasonable accommodations that have been approved by the courts include providing additional unpaid leave, modifying the employee's work schedule, and reas signing the employee to a more appropriate, vacant position. See undue hardship under HARDSHIP. [Cases: Civil Rights (;::::; 1020, 1162, 1225.] accommodation acceptance. See ACCEPTANCE (4). accommodation bill. See ACCOMMODATION PAPER. accommodation director. See dummy director under DIRECTOR. accommodation indorsement. See INDORSEMENT. accommodation indorser. See INDORSER. accommodation land. See LAND. accommodation line. Insurance. One or more policies that an insurer issues to retain the business ofa valued agent, broker, or customer, even though the risk would not be accepted under the insurer's usual standards. accommodation loan. See LOAK. accommodation maker. See MAKER. accommodation note. See NOTE (1). accommodation paper. (18c) A negotiable instrument that one party cosigns, without receiving any consid eration, as surety for another party who remains pri marily liable. -An accommodation paper is typically used when the cosigner is more creditworthy than the principal debtor. -Also termed accommodation bill; accommodation note. [Cases: Bills and Notes 96.] accommodation party. (1812) A person who, without recompense or other benefit, signs a negotiable instru ment for the purpose ofbeing a surety for another party (called the accommodated party) to the instrument. The accommodation party can sign in any capacity (Le., as maker, drawer, acceptor, or indorser). An accommo dation party is liable to all parties except the accom modated party, who impliedly agrees to pay the note or draft and to indemnify the accommodation party for all losses incurred in having to pay it. See SURETY. Cf. ACCOMMODATED PARTY. [Cases: Bills and Notes 49,96, 122.] accommodation subpoena. Seefriendly subpoena under SUBPOENA. accommodation surety. See voluntary surety under SURETY. accommodatum (d-kom-d-day-tdm), n. See COMMODA TUM. accompany, vb. To go along with (another); to attend. _ In automobile-accident cases, an unlicensed driver is not considered accompanied by a licensed driver unless the latter is close enough to supervise and help the former. accomplice (;l-kom-plis). (1854) 1. A person who is in any way involved with another in the commission of a crime, whether as a principal in the first or second degree or as an accessory. -Although the definition includes an accessory before the fact, not all authorities treat this term as including an accessory after the fact. [Cases: Criminal Law (;::::;59.] "There is some authority for using the word 'accomplice' to include all principals and all accessories, but the preferred usage is to include all principals and accessories before the fact, but to exclude accessories after the fact. If this limitation is adopted, the word 'accomplice' will embrace all perpetrators, abettors and inciters." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 727 (3d ed. 1982). "A person is an 'accomplice' of another in committing a crime if, with the intent to promote or facilitate the com mission of the crime. he solicits, requests, or commands the other person to commit it, or aids the other person in planning or committing it." 1 Charles E. Torcia, Wharton'S Criminal Law 38, at 220 (15th ed. 1993). 2. A person who knowingly, voluntarily, and intention ally unites with the principal offender in committing a crime and thereby becomes punishable for it. See ACCESSORY. Cf. PRINCIPAL (2). "By definition an accomplice must be a person who acts with the purpose of promoting or facilitating the commis sion of the substantive offense for which he is charged as an accomplice. State v. White, N.J. 1984,484 A.2d 691,98 N.J. 122." Model Penal Code 2.06 annot. (1997). accomplice liability. See LIABILITY. accomplice witness. See WITNESS. accompt. See ACCOUNT (1). accord, n. (14c) 1. An amicable arrangement between parties, esp. between peoples or nations; COMPACT; TREATY. 2. An offer to give or to accept a stipulated per formance in the future to satisfy an obligor's existing duty, together with an acceptance of that offer. -The performance becomes what is known as a satisfac tion. -Also termed executory accord; accord execu tory. See ACCORD AND SATISFACTION; SATISFACTION. Cf. COMPROMISE; NOVATION. [Cases: Accord and Sat isfaction (;::::; 1.1 "An accord is a contract under which an obligee promises to accept a stated performance in satisfaction of the obligor's existing duty. Performance of the accord discharges the original duty," Restatement (Second) of Contracts 281(1) (1979). "The term executory accord is sometimes used to under score the point that the accord itself does not discharge the duty. It also reflects an historical anachronism, now generally rejected, under which an unperformed accord was not a defense to an action on the underlying duty." E. Allan Farnsworth, Contracts 4.24, at 289 n.10 (3d ed. 1999). 3. A signal used in a legal citation to introduce a case dearly supporting a proposition for which another case is being quoted directly. accord, vb.!. To furnish or grant, esp. what is suitable or proper <accord the litigants a stay of costs pending appeal>. 2. To agree <they accord in their opinions>. accord and satisfaction. (18c) An agreement to sub stitute for an existing debt some alternative form of 19 discharging that debt, coupled with the actual dis charge of the debt by the substituted performance. The new agreement is called the accord, and the discharge is called the satisfaction. Cf. COMPROMISE; NOVATION; SETTLEMENT (2), (3). [Cases: Accord and Satisfaction ~1.] "'Accord and satisfaction' means an agreement between the parties that something shall be given to, or done for, the person who has the right of action, in satisfaction of the cause of action. There must be not only agreement ('accord') but also consideration ('satisfaction'). Such an arrangement is really one of substituted performance." 1 EW. Chance, Principles ofMercantile Law 101 (PW. French ed., 13th ed. 1950). accordant (;}-kor-d;mt), adj. In agreement <accordant with these principles>. accord executory. See ACCORD (2). accouchement (;}-koosh-m;}nt or ak-oosh-mawn). [French] Childbirth. account, n. (14c) 1. ACCOUNTING (3) <the principal filed an action for account against his agent>. -Also spelled (archaically) accompt. [Cases: Account ~1-7] "The action of account lies where one has received goods or money for another in a fiduciary capacity, to ascertain and recover the balance due. It can only be maintained where there is such a relationship between the parties, as to raise an obligation to account, and where the amount due is uncertain and unliquidated." Benjamin J. Shipman, Handbook of Common-Law Pleading 56, at 144 (Henry Winthrop Ballantine ed., 3d ed. 1923). 2. ACCOUNTING (4) <the contractor filed an action for account against the nonpaying customer>. 3. A state ment by which someone seeks to describe or explain an event <Fred's account of the holdup differed sig nificantly from Martha's>. 4. A detailed statement of the debits and credits between parties to a contract or to a fidUciary relationship; a reckoning of monetary dealings <the trustee balanced the account at the end of each month>. In wills and estates, an account is a brief financial statement of the manner in which an executor or administrator has performed the official duties ofcollecting the estate's assets and paying those who are entitled. An account charges the executor or administrator with the value of the estate as shown by the inventory, plus any increase, and credits the executor with expenses and costs, duly authorized dis bursements, and the executor's commission. -Abbr. acct.; ale. -Also termed accounting. See STATEMENT OF ACCOUNT. 5. A course ofbusiness dealings or other relations for which records must be kept <open a bro kerage account>. account in trust. An account established by an individ ual to hold the account's assets in trust for someone else. [Cases: Trusts ~34.] account payable. (usu. pl.) (1936) An account reflecting a balance owed to a creditor; a debt owed by an enter prise in the normal course of business dealing. Often shortened to payable; payables. -Also termed note payable. PI. accounts payable. account account receivable. (usu. pl.) (1936) An account reflect ing a balance owed by a debtor; a debt owed by a customer to an enterprise for goods or services. Often shortened to receivable; receivables. -Also termed note receivable. PI. accounts receivable. account rendered. An account produced by the creditor and presented for the debtor's examination and accep tance. account settled. An account with a paid balance. account stated. (17c) 1. A balance that parties to a transaction or settlement agree on, either expressly or by implication . The phrase also refers to the agree ment itself or to the assent giving rise to the agree ment. [Cases: Account Stated ~1.] "An account stated is a manifestation of assent by debtor and creditor to a stated sum as an accurate computation of an amount due the creditor." Restatement (Second) of Contracts 282(1) (1979). "If a creditor and a debtor wish to compromise or liqui date a disputed or unliquidated debt, they may do so by either a substituted contract or an accord. If, however, their agreement is in the nature of a computation, it is called an account stated. An account stated, then, is a manifestation of assent by both parties to the stated sum as an accurate computation of the debt." E. Allan Farnsworth, Contracts 4.24, at 286 (1982). 2. A plaintiff's claim in a suit for such a balance. 3. Equity practice. A defendant's plea in response to an action for an accounting . The defendant states that the balance due on the statement of the account has been discharged and that the defendant holds the plaintiff's release. -Also termed stated account. accumulated-adjustments account. Tax. An item on the books of an S corporation (usu. an equity item on the corporation's balance sheet) to account for taxable-income items passed through to sharehold ers, such as accumulated earnings -earned before the corporation converted from a C corporation to an S corporation -that would have been distributed as a dividend to the shareholders if the corporation had remained a C corporation . One ofthe theories underlying the accumulated-adjustments account is that the shareholders should not be permitted to avoid dividend-tax treatment on a corporation's accumu lated earnings just because the corporation converts from C status to S status. IRC (26 USCA) 1368(e) (1). -Abbr. AAA. [Cases: Internal Revenue 3896.] adjunct account. An account that accumulates addi tions to another account. annual account. See intermediate account. assigned account. An account receivable that is pledged to a bank or factor as security for a loan. [Cases: Factors ~5;Pledges

that is pledged to a bank or factor as security for a loan. [Cases: Factors ~5;Pledges ~5; Secured Transactions ~181.] bank account. A deposit or credit account with a bank, such as a demand, time, savings, or passbook account. UCC 4-104(a). [Cases: Banks and Banking ~151.] blocked account. An account at a bank or other finan cial institution, access to which has been restricted either by the government or by an authorized person. An account may be blocked for a variety of reasons, as when hostilities erupt between two countries and each blocks access to the other's accounts. -Also termed frozen account. [Cases: Banks and Banking (;=128, 133, 151; War and National Emergency (;= 12.] book account. A detailed statement of debits and credits giving a history of an enterprise's business transac tions. [Cases: Account, Action On capital account. An account on a partnership's balance sheet representing a partner's share ofthe partnership capital. [Cases: Partnership (;=72,305.] charge account. See CHARGE ACCOUNT. client trust account. See CLIENT TRUST ACCOUNT. closed account. An account that no further credits or debits may be added to but that remains open for adjustment or setoff. community account. An account consisting ofcom munity funds or commingled funds. See COMMUNITY PROPERTY. contra account (kon-tr;t). An account that serves to reduce the gross valuation ofan asset. convenience account. An apparent joint account, but without right of survivorship, established by a creator to enable another person to withdraw funds at the cre ator's direction or for the creator's benefit. Unlike a true joint account, only one person, the creator, has an ownership interest in the depOSited funds. Con venience accounts are often established by those who need a financial manager's help and want to make it easy for the manager to pay bills. Although the man ager's name is on the account, he or she does not con tribute any personal funds to the account and can write checks or make withdrawals only at the direc tion ofor on behalf of the creator. [Cases: Banks and Banking Joint Tenancy (;=6.] current account. 1. A running or open account that is settled periodically, usu. monthly. [Cases: Account, Action On 2. A partner's account that reflects salary, withdrawals, contributions, and other trans actions in a given period. 3. Banking. A depositor's checking account. 4. The portion ofa nation's balance of payments that represents its exports, imports, and transfer payments. custodial account. An account opened on behalf of someone else, such as one opened by a parent for a minor child, and usu. administered by a responsible third party. _ Custodial accounts most often arise under the Uniform Transfers to Minors Act (1983). All states have enacted either that act or its earlier version, the Uniform Gifts to Minors Act. Property can be set aside by a donor or transferred to a third party as custodian for the benefit of a minor, usu. as an irrevocable gift. This is a much simpler mechanism than a trust. The custodian has powers and fiduciary duties similar to those of a trustee, except that the custodian is not under a court's supervision. The cus todian must account for the property and turn it over to the beneficiary when he or she reaches majority. See UNIFORM TRANSFERS TO MINORS ACT. [Cases: Infants deposit account. A demand, time, savings, passbook, or similar account maintained with a bank, savings and-loan association, credit union, or like organiza tion, other than investment property or an account evidenced by an instrument. UCC 9-102(a)(20). - Abbr. D.A. [Cases: Banks and Banking (;= 151; Building and Loan Associations (;=40.] drawing account. A temporary owner's equity account used by a sole proprietorship or a partnership to record an owner's or partner's withdrawals of cash or other assets from the business for personal use. escrow account. 1. A bank account, generally held in the name ofthe depositor and an escrow agent, that is returnable to the depositor or paid to a third person on the fulfillment ofspecified conditions. Also termed escrow deposit. See ESCROW (2). [Cases: Deposits and Escrows (;=11-26.] 2. See impound account. frozen account. See blocked account. impound account. An account of accumulated funds held by a lender for payment of taxes, insurance, or other periodic debts against real property. -Also termed escrow; escrow account; reserve account. See ESCROW (2). intermediate account. An account filed by an executor, administrator, or guardian after the initial account and before the final account. This account is usu. filed annually. -Also termed annual account. joint account. (l7c) A bank or brokerage account opened by two or more people, by which each party has a present right to withdraw all funds in the account and, upon the death of one party, the survi vors become the owners ofthe account, with no right of the deceased party's heirs or devisees to share in it. Typically, the account-holders are deSignated as "joint tenants with right of survivorship" or "joint and-survivor account-holders." In some jurisdictions, they must be so deSignated to establish a right ofsur vivorship. Abbr. JA. -Also termed joint-and-sur vivorship account. [Cases: Joint Tenancy 1,6.J lien account. A statement ofclaims that fairly informs the owner and public of the amount and nature of a lien. [Cases: Liens (;=9; Mechanics' Liens (;=116.] liquidated account. An account whose assets are clearly ascertained, either by agreement of the parties or by law. long account. An account involving numerous items or complex transactions in an equitable action, usu. referred to a master or commissioner. margin account. A brokerage account that allows an investor to buy or sell securities on credit, with the 21 accountable securities usu. serving as collateral for the broker's loan. multiple-party account. An account that has more than one owner with a current or future interest in the account. _ Multiple-party accounts include joint accounts, payable-on-death (P.O.D.) accounts, and trust accounts. Unif. Probate Code 6-201(5). mutual account. An account showing mutual trans actions between parties, as by showing debits and credits on both sides of the account. "[Elach party to a mutual account occupies both a debtor and creditor relation with regard to the other party. A mutual account arises where there are mutual dealings, and the account is allowed to run with a view to an ultimate adjustment of the balance. In order to establish a mutual account, it is not enough that the parties to the account have cross demands or cross open accounts: there must be an actual mutual agreement, express or implied, that the claims are to be set off against each other." 1 Am. Jur. 2d Accounts and Accounting 6, at 564 (1994). mutual-fund wrap account. An investment account that allocates an investor's assets only among mutual funds rather than stocks or other investments. See wrap account. negotiable-order-of-withdrawal account. See NOW account. nominal account (nahm-~-n~l). An income-statement account that is closed into surplus at the end of the year when the books are balanced. nominee account. Securities. A brokerage account in which the securities are owned by an investor but registered in the name of the brokerage firm. -The certificate and the records of the issuing company show the brokerage as the holder of record. But the brokerage records show the investor as the beneficial owner of the securities in the nominee account. Also termed street-name security. NOW account (now). An interest-bearing savings account on which the holder may write checks. Also termed negotiable-order-of-withdrawal account. [Cases: Banks and Banking G'=>305; Building and Loan Associations 0=>40.J offset account. One of two accounts that balance against each other and cancel each other out when the books are closed. open account. (ISc) 1. An unpaid or unsettled account. 2. An account that is left open for ongoing debit and credit entries by two parties and that has a fluctuat ing balance until either party finds it convenient to settle and close, at which time there is a Single liabil ity. [Cases: Account, Action On (,-,1.1,3.] partial account. (I8c) A preliminary accounting ofan executor's or administrator's dealings with an estate. [Cases: Executors and Administrators 0=>509(11).] pay-on-death account. A bank account whose owner instructs the bank to distribute the account's balance to a beneficiary upon the owner's death. Unlike a jOint-and-survivorship account, a pay-on death account does not give the beneficiary access to the funds while the owner is alive. Abbr. POD account. -Also termed pay-on-death bank account. [Cases: Banks and Banking 0=> 128, 151.] pledged account. A mortgagor's account pledged to a lender in return for a loan bearing interest at a below market rate. profit-and-loss account. A transfer account of all income and expense accounts, closed into the retained earnings of a corporation or the account of a partnership. [Cases: Corporations Partner ship 0=>305, 376.] real account. An account that records assets and liabili ties rather than receipts and payments. reserve account. See impound account. revolving charge account. See revolving credit under CREDIT (4). running account. (I8c) An open, unsettled account that exhibits the reciprocal demands between the parties. sequestered account. An account (such as a joint bank account) that a court has ordered to be separated, frozen, and impounded. share-draft account. An account that a member maintains at a credit union and that can be drawn on through the use of share drafts payable to third parties. A share-draft account operates much like a checking account operates at a bank. Also termed share account. [Cases: Building and Loan Associa tions C:-'40.] suspense account. A temporary record used in book keeping to track receipts and disbursements of an uncertain nature until they are identified and posted in the appropriate ledgers and journals . A suspense account does not appear in a final financial statement. It is a useful tool when, for example, a lump-sum receipt or expenditure must be broken down to match several transactions before posting. tax-deferred account. An interest-bearing account whose earnings are not taxable as income to the account holder before the earnings are withdrawn. -Tax-deferred accounts include most types ofIRAs, variable annuities, 401(k) plans, cash-value life insur ance, and most other types of tax-deferred savings instruments. trust account. See CLIENT TRUST ACCOUNT. wrap account. An investment account for which the investor, helped by a stockbroker, selects an account manager and pays a fee based on a percentage of the total assets to be managed. -Most wrap accounts contain a portfolio ofinvestments, including stocks, bonds, and cash. Investors generally proVide a risk profile but do not select the investments or give instructions to buy or selL -Also termed wrapJee account. See mutualJund wrap account. accountable, adj. (14c) Responsible; answerable <the company was held accountable for the employee'S neg ligence>. accountability, n. 22 accountable receipt accountable receipt. See RECEIPT. accountant. 1. A person authorized under applicable law to practice public accounting; a person whose business is to keep books or accounts, to perform finan cial audits, to design and control accounting systems, and to give tax advice . For some purposes, the term includes a professional accounting association, a cor poration, and a partnership, ifthey are so authorized. [Cases: Accountants C=> 1.] certified public accountant. An accountant who has satisfied the statutory and administrative require ments to be registered or licensed as a public accoun tant. Abbr. CPA. 2. A defendant in an action of account. accountant-client privilege. See PRIVILEGE (3). accountant ofcourt. Scots law. An official of the Court of Session who exercises supervision over the accounts of court-appointed managers and receivers of estates, such as trustees in bankruptcy and guardians ofincom petent persons. accountant's lien. See LIEN. account book. A journal in which a business's transac tions are recorded. See SHOP BOOKS. account debtor. See DEBTOR. account duty. See DUTY (4). account executive. See STOCKBROKER. account for. (17c) 1. To furnish a good reason or con vincing explanation for; to explain the cause of. 2. To render a reckoning of (funds held, esp. in trust). 3. To answer for (conduct). accounting. (I8c) 1. The act or a system ofestablishing or settling financial accounts; esp., the process ofrecord ing transactions in the financial records of a business and periodically extracting, sorting, and summariz ing the recorded transactions to produce a set of finan cial records. Also termed financial accounting. Cf. BOOKKEEPING. 2. A rendition of an account, either voluntarily or by court order . The term frequently refers to the report of all items of property, income, and expenses prepared by a personal representative, trustee, or guardian and

to the report of all items of property, income, and expenses prepared by a personal representative, trustee, or guardian and given to heirs, beneficiaries, or the probate court. See ACCOUNT (4). 3. A legal action to compel a defendant to account for and pay over money owed to the plaintiff but held by the defendant (often the plaintiff's agent); ACCOUNTING FOR PROFITS. Also termed account render; account; action ofaccount. 4. More broadly, an action for the recovery of money for services performed, property sold and delivered, money loaned, or damages for the nonperformance of simple contracts. _ Such an action is available when the rights ofparties will be adequately protected by the payment of money. -Also termed action on account; account; action ofbook debt. 5. Commercial law. An equitable proceeding for a complete settlement of all partnership affairs, usu. in connection with partner misconduct or with a winding up. See WINDING UP. [Cases: Part nership 376.]6. Secured transactions. A record that (1) is authenticated by a secured party, (2) indicates the aggregate unpaid secured obligation as ofa date no more than 35 days before or after the date of the record, and (3) identifies the components ofthe obligations in reasonable detail. DCC 9-102(a)(2}. [Cases: Secured Transactions accounting for fruits. Civil law. A claim for the return of natural or civil fruits against an adverse possessor or other person obligated by law or contract to account for fruits. See FRUIT (2). accounting for profits. (1871) An action for equitable relief against a person in a fiduciary relationship to recover profits taken in a breach ofthe relationship. Often shortened to accounting. "The term accounting, or accounting for profits, is used in several ways. In its most important meaning, it is a restitu tionary remedy based upon avoiding unjust enrichment. In this sense it reaches monies owed by a fiduciary or other wrongdoer, including profits produced by property which in equity and good conscience belonged to the plaintiff. It resembles a constructive trust in that tracing may be used to reach profits. But even if tracing fails, the plaintiff may recover a judgment for the profits due from use of his property." Dan B. Dobbs, Law of Remedies 4.3(5), at 408 (2d ed. 1993). accounting method. (1908) A system for determin ing income and expenses, profit and loss, asset value, appreciation and depreciation, and the like, esp. for tax purposes. accrual accounting method (<"l-kroo-<"ll). (1942)An accounting method that records entries of debits and credits when the revenue or liability arises, rather than when the income is received or an expense is paid. Also termed accrual basis. Cf. cash-basis accounting method. [Cases: Internal Revenue 3099; Taxation C:::::>3538.J capitalization accounting method. A method ofdeter mining an asset's present value by discounting its stream of expected future benefits at an appropriate rate. cash-basis accounting method. (1954)An accounting method that considers only cash actually received as income and cash actually paid out as an expense. Cf. accrual accounting method. [Cases: Internal Revenue C=>3100; Taxation C=>3538.] completed-contract accounting method. A method of reporting profit or loss on certain long-term contracts by recognizing gross income and expenses in the tax year that the contract is completed. [Cases: Internal Revenue Taxation C=3538.] cost accounting method. The practice ofrecording the value of assets in terms of their historical cost. Also termed cost accounting. direct charge-off accounting method. A system of accounting by which a deduction for bad debts is allowed when an account has become partially or completely worthless. equity accounting method. A method of accounting for long-term investment in common stock based 23 accrued asset on acquisition cost, investor income, net losses, and dividends. Jair-value accounting method. The valuation ofassets at present actual or market value. _ When this method is used to determine the value of a security or other financial instrument, it is also termed mark-to-market accounting method. installment accounting method. (1954) A method by which a taxpayer can spread the recognition ofgains from a sale of property over the payment period by computing the gross-profit percentage from the sale and applying it to each payment. [Cases: Internal Revenue G~3104; Taxation C=>3538.] mark-to-market accounting method. See fair-value accounting method. percentage-oj-completion method. An accounting method in which revenue is recognized gradually during the completion of the subject matter of the contract. physical-inventory accounting method. A method of counting a company's goods at the close of an accounting period. purchase accounting method. A method ofaccounting for mergers whereby the total value paid or exchanged for the acquired firm's assets is recorded on the acquiring firm's books, and any difference between the fair market value of the assets acquired and the purchase is recorded as goodwill. accounting period. (1903)A regular span of time used for accounting purposes; esp., a period used by a taxpayer in determining income and related tax liability. Accounting Research Bulletin. A publication con taining accounting practices recommended by the American Institute ofCertified Public Accountants. - Abbr. ARB. Accounting Series Release. A bulletin providing the Securities and Exchange Commission's requirements for accounting and auditing procedures to be followed in reports filed with that agency. -Abbr. ASR. account in trust. See ACCOUNT. account party. The customer in a letter-of-credit trans action. -Also termed applicant. account payable. See ACCOUNT. account receivable. See ACCOUNT. account render. See ACCOUNTING (3). account rendered. See ACCOUNT. account representative. See STOCKBROKER. account settled. See ACCOUNT. accounts-receivable insurance. See accounts-receivable insurance and credit insurance under INSURANCE. account stated. See ACCOUNT. account statement. See STATEMENT OF ACCOUNT. accouple, vb. Archaic. To unite; to marry. accredit (<'1-kred-it), vb. 1. To give official authorization or status to. 2. To recognize (a school) as having suf ficient academic standards to qualify graduates for higher education or for professional practice. [Cases: Schools C=o4.] 3. Int'llaw. To send (a person) with cre dentials as an envoy. accreditation (,,-kred-i-tay shan), n. -accredited, adj. accredited investor. See INVESTOR. accredited law school. See LAW SCHOOL. accredited representative. See REPRESENTATIVE. accredulitare (,,-kred-Yd-Id-tair-ee), vb. [Law Latin] Hist. To purge an offense by an oath. accresce (a-kres), vb. Civil law. To accrue or increase. accretion (d-kree-shan). (1830) 1. The gradual accu mulation of land by natural forces, esp. as alluvium is added to land situated on the bank of a river or on the seashore. Cf. ALLUVION; AVULSION (2); DELlCTION; EROSION. [Cases: Navigable Waters Waters and Water Courses C=>93.] 2. Any increase in trust property other than increases ordinarily considered as income. [Cases: Trusts 3. Civil law. The right of heirs or legatees to unite their shares ofthe estate with the portion of any coheirs or legatees who do not accept their portion, fail to comply with a condition, or die before the testator. 4. A beneficiary's gain through the failure ofa coheir or colegatee to take his or her share. 5. Scots law. The perfection of an imperfect or defective title by some act by the person who conveyed title to the current holder. -accretive, accretionary, adj. accroach (a-krohch), vb. (16c) To exercise power without authority; to usurp. -accroachment (a-krohch-m;mt), n. accrocher (a-kroh-shay), vb. [Law French]l. ACCROACH. 2. To delay. accrocher un proces (a-kroh-shay an proh-say). [French] To stay the proceedings in a suit. accrual, clause of. See CLAUSE OF ACCRUAL. accrual accounting method. See ACCOUNTING METHOD. accrual basis. See accrual accounting method under ACCOUNTING METHOD. accrual bond. See BOND (3). accrue (a-kroo), vb. (ISc) 1. To come into existence as an enforceable claim or right; to arise <the plaintiff's cause of action for silicosis did not accrue until the plaintiff knew or had reason to know ofthe disease>. [Cases: Action Limitation ofActions ~43-64.J 'The term 'accrue' in the context of a cause of action means to arrive, to commence, to come into existence, or to become a present enforceable demand or right. The time of accrual of a cause of action is a question of fact." 2 Ann Taylor Schwing, California Affirmative Defenses 25:3, at 17-18 (2d ed. 1996). 2. To accumulate periodically <the savings-account interest accrues monthly>. -accrual, n. accrued asset. See ASSET. 24 accrued compensation accrued compensation. See COMPENSATION. accrued depreciation. See accumulated depreciation under DEPRECIATION. accrued dividend. See accumulated dividend under DIVIDEND. accrued expense. See EXPENSE. accrued income. See INCOME. accrued interest. See INTEREST (3). accrued liability. See LIABILITY. accrued right. See RIGHT. accrued salary. See SALARY. accrued tax. See TAX. accruer. See CLAUSE OF ACCRUAL. accruing costs. See COST (3). acct. abbr. ACCOUNT (4). accumulando jura juribus (..-kyoom-p-lan-doh joor-.. joor-i-b ..s). [Law Latin] Hist. By adding rights to rights. "[Accumulando jura juribus] will be found in deeds, as expressing the intention of the maker or granter of it that the right thereby conferred on the grantee is not to be regarded as coming in place of other rights which the grantee has or may acquire otherwise, but as an addition thereto: the rights conferred are not prejudicial to other rights existing or future." John Trayner, TrayneY"s Latin Maxims 10 (4th ed. 1894). accumulated-adjustments account. See ACCOUNT. accumulated deficit. A business's net losses that are carried over on the balance sheet from earlier periods. -The deficit is shown under owners' or stockholders' equity. accumulated depreciation. See DEPRECIATION. accumulated dividend. See DIVIDEND. accumulated-earnings credit. See CREDIT (7). accumulated-earnings tax. See TAX. accumulated income. See INCOME. accumulated legacy. See LEGACY. accumulated profit. See PROFIT (1). accumulated surplus. See SURPLUS. accumulated taxable income. See INCOME. accumulatio actionum (a-kyoom-ya-Iay-shee-oh ak-shee-oh-nam). [Law Latin] Scots law. The accumu lation of actions, which was permitted only in certain circumstances, as when a widow and her children jointly sued to recover damages for the husband's and father'S death. accumulation, n. 1. The increase ofa thing by repeated additions to it; esp., the increase of a fund by the repeated addition of the income that it creates. 2. The concurrence of several titles to the same thing. 3. The concurrence of several circumstances to the same proof. 4. The retention of dividends for future distri bution. 5. Insurance. An increase in the principal sum insured for, effective upon renewal ofa policy, without a change ofpremiums. accumulate, vb. accumulations, rule against. (1924) The rule that a direction to accumulate income from property the income to be distributed later to certain beneficiaries is valid only if confined to the perpetuity period. Cf. RULE AGAINST PERPETUITIES. [Cases: Perpetuities Cr-:;:, 9.] accumulation trust. See TRUST. accumulative (a-kyoo-mya-Iay-tiv or -la-tiv), adj. Increasing by successive addition; cumulative. accumulative damages. See DAMAGES. accumulative dividend. See cumulative dividend under DIVIDEND. accumulative judgment. See JUDGMENT. accumulative legacy. See LEGACY. accumulative sentences. See consecutive sentences under SENTENCE. accusation, n. (14c) 1. A formal charge of criminal wrongdoing. -The accusation is usu. presented to a court or magistrate haVing jurisdiction to inquire into the alleged crime. 2. A statement that a person has engaged in an illegal or immoral act. malicious accusation. An accusation against another for an improper purpose and without probable cause. See MALICIOUS PROSECUTION. accusatio suspecti tutoris (ak-yoo-zay-shee-oh sa-spek

SECUTION. accusatio suspecti tutoris (ak-yoo-zay-shee-oh sa-spek-tI t[y]oo-tor-is). [Latin "accusation against a suspected tutor"] Roman law. A civil action on behalf of a child under the age ofpuberty against a tutor for negligence or fraud in the performance ofthe tutor's duties. accusator (ak-yoo-zay-tar), n. [Latin] Roman law. The person who brought charges in a criminal case. Pi. accusatores. accusatorial system. See ADVERSARY SYSTEM. accusatory (~-kyoo-z .. -tor-ee), adj. Of, relating to, or constituting an accusation. accusatory body. (1877) A body (such as a grand jury) that hears evidence and determines whether a person should be charged with a crime. accusatory instrument. See CHARGING INSTRUMENT. accusatory part. The section ofan indictment in which the offense is named. accusatory pleading. See PLEADING (1). accusatory procedure. See ADVERSARY SYSTEM. accusatory stage. (1954) Criminal procedure. The pOint in a criminal proceeding when the suspect's right to counsel attaches. -This occurs usu. after arrest and once interrogation begins. Cf. CRITICAL STAGE. [Cases: Criminal Law 1718]. accusatrix (a-kyoo-z;:)-triks), n. Hist. A female accuser. accuse, vb. (14c) To charge (a person) judicially or publicly with an offense; to make an accusation against 25 acknowledgment of debt <she accused him of the crime> <he was accused as an accomplice>. accused, adj. Of or relating to someone or something implicated in wrongdoing <accused infringer>; esp., of or relating to a product that allegedly infringes some one's intellectual-property rights <accused device> <accused work>. accused, n. (I6c) 1. A person who has been blamed for wrongdoing; esp., a person who has been arrested and brought before a magistrate or who has been formally charged with a crime (as by indictment or informa tion). 2. A person against whom legal proceedings have been initiated. accuser. Eccles. law. A person who accuses another of a crime. In ecclesiastical courts, an accuser cannot be a person who has been convicted of a crime, has been excommunicated, or is otherwise disqualified. accusing jury. See GRAND JURY. a ce (a sa), adv. [Law French] For this purpose. a eel jour (d sel zhoor), adv. [Law French] At this day. ac etiam (ak ee-shee-dm or esh-ee-dm). [Law Latin] Com mon-law pleading. 1. And also. 1hese words intro duced a genuine claim in a pleading in a common-law case in which a fictitious claim had to be alleged to give the court jurisdiction. In other words, the phrase ac etiam directed the court to the real cause ofaction. Also spelled acetiam. "[TJo remedy this inconvenience, the officers of the king's bench devised a method of adding what is called a clause of ac etiam to the usual complaint of trespass; the bill of Middlesex commanding the defendant to be brought in to answer the plaintiff of a plea of trespass, and also to a bill of debt: the complaint of trespass giving cognizance to the court, and that of debt authorizing the arrest." 3 William Blackstone, Commentaries on the Laws ofEngland 288 (1768). "[Once] it was established that the King'S Bench was not exclusively a court for 'crown cases,' but could also be used for civil litigation, it was not difficult to extend the jurisdiction a step further by allowing the ordinary Citizen to allege that the defendant had committed a trespass or other breach of the peace 'and also' that the defendant was under some obligation to the plaintiff, and to treat the allegation concerning breach of the peace as a mere fiction which need not be proved, and to allow the suit to be main tained solely on the basis of the civil obligation. The Latin words 'ac etiam' were the crucial ones in the old complaint that stated the fictitious breach of the peace 'and also' the actual civil obligation." Charles Herman Kinnane, A First Book on AngloAmerican Law 269 (2d ed. 1952). 2. The clause that introduced the real allegation after a fictitious allegation of trespass. -Also termed (in sense 2) ac etiam clause. ACF. abbr. ADMINISTRATION FOR CHILDREN AND FAMILIES. achieve, vb. Hist. To do homage upon the taking of a fee or fief acid-test ratio. See QUICK-ASSET RATIO. acknowledge, vb. (15c) 1. To recognize (something) as being factual or valid <acknowledge the federal court's jurisdiction>. 2. To show that one accepts responsibility for <acknowledge paternity of the child>. 3. To make known the receipt of <acknowledged the plaintiff's letter>. 4. To confirm as genuine before an authorized officer <acknowledged before a notary public>. [Cases: Acknowledgment p 1.]5. (Of a notary public or other officer) to certify as genuine <the notary acknowledged the genuineness ofthe signature>. acknowledged father. See FATHER. acknowledgment. (16c) 1. A recognition of something as being factual. 2. An acceptance of responsibility. 3. The act of making it known that one has received some thing. 4. A formal declaration made in the presence of an authorized officer, such as a notary public, by someone who signs a document and confirms that the signature is authentic. -In most states, the officer certi fies that (1) he or she personally knows the document signer or has established the signer'S identity through satisfactory evidence, (2) the appeared before the officer on the date and in the place (usu. the county) indicated, and (3) the signer acknowledged signing the document freely. Cf. VERIFICATION (1). [Cases: Acknowledgment pl.] "An acknowledgment is a verification of the fact of execu tion, but is not a verification of the contents of the instru ment executed; in other words, an acknowledgment is the method of authenticating an instrument by showing it was the act of the person executing it, while a verification is a sworn statement as to the truth of the facts stated within an instrument." 1 A c.J,S. Acknowledgments 2 (1985). 5. The officer's certificate that is affixed to the document. Also termed (in sense 5) certificate of acknowledgment; (loosely) verification. See PROOF OF ACKNOWLEDGMENT. 6. A father's public recognition of a child as his own. Also termed acknowledgment ofpaternity. formal acknowledgment. 1. A father's recognition of a child as his own by a formal, written declaration that meets a state's requirements for execution, typi cally by signing in the presence of two witnesses . In Louisiana law, this recognition may also be made by a mother. La. Civ. Code art. 203. [Cases: Children Out-of-Wedlock 2. A father's recognition of a child as his own in the child's registry ofbirth or at the child's baptism. -In this sense, a formal acknowl edgment typically occurs when a man signs the birth certificate or baptismal certificate as the father or announces at the baptismal service that he is the father. The fact that a man is named as the father on a certificate ofbirth or baptism is not a formal acknowl edgment unless the father signs the document. informal acknowledgment. A father's recognition ofa child as his own not by a written declaration but by receiving the child into his family or supporting the child and otherwise treating the child as his own off spring. [Cases: Children Out-of-Wedlock acknowledgment money. See LAUDEMIUM. acknowledgment ofdebt. Louisiana law. Recognition by a debtor of the existence ofa debt . An acknowledg 26 acknowledgment of paternity ment of debt interrupts the running ofprescription. [Cases: Limitation of Actions C~140.] acknowledgment ofpaternity. See ACKNOWLEDGMENT (6). ACLU. abbr. (1936) AMERICAN CIVIL LIBERTIES UNION. a confectione (ay k;:m-fek-shee-oh-nee). [Law Latin] From the making. a corifectione praesentium (ay kan-fek-shee-oh-nee pri zen-shee-am). [Law Latin] From the making of the indentures. a consiliis (ay kan-sil-ee-is), n. [Law Latin "of counsel"] See APOCRISARIUS. a contrario sensu (ay k,m-trair-ee-oh sen-s[y]oo), adv. [Law Latin] On the other hand; in the opposite sense. ACP. abbr. ADMINISTRATIVE DOMAIN-NAME CHALLENGE PANEL. ACPA. abbr. 1. ANTICYBERSQUATTING CONSUMER PRO TECTION ACT. 2. ANTICOUNTERFEITING CONSUMER PROTECTION ACT. ACP challenge. Trademarks. An administrative proce dure to settle disputes over Internet domain names, conducted by an Administrative Domain-Name Chal lenge Panel (ACP) under the auspices of the World Intellectual Property Organization and in accordance with the WIPO (Revised) Substantive Guidelines . The guidelines are viewable at http://www.gtld-mou. org/docs/racps.htm. [Cases: Telecommunications 1333.] acquaintance rape. See RAPE. acquest (<I-kwest). See ACQUET. acquet (a-kay or a-kwet), n. [French acquet "acquisition"] (usu. pl.) Civil law. 1. Property acquired by purchase, gift, or any means other than inheritance . The term is most commonly used to denote a marital acquisi tion that is presumed to be community property. Also termed acquets and conquets. [Cases: Husband and Wife (;::::249-260.]2. Property acqUired by either spouse during the marriage. -Also termed acquest. See COMMUNITY PROPERTY. See also ACQUIST. acquets and conquets. See ACQUET (1). acquets and gains (<I-kets). Louisiana law. The assets comprising the community property of spouses who are subject to the Louisiana community-property laws. Often shortened to acquets. [Cases: Husband and Wife acquiesce (ak-wee-es), vb. To accept tacitly or paSSively; to give implied consent to (an act) <in the end, all the partners acquiesced in the settlement>. -acquiescent, adj. acquiescence (ak-wee-es-;mts). (17c) 1. A person's tacit or passive acceptance; implied consent to an act. commercial acquiescence. Patents. Action or inaction by a patentee's competitor that reflects the competi tor's belief that the patent is valid. A patent owner may use another person's actions or inactions, such as taking a license or attempting to design around a patent, as circumstantial evidence ofthe nonobvious ness ofa patented invention or of a patent's validity or enforceability. [Cases: Patents (;::::36.1(1).] 2. Int'llaw. Passivity and inaction on foreign claims that, according to customary international law, usu. call for protest to assert, preserve, or safeguard rights . The result is that binding legal effect is given to silence and inaction. Acquiescence, as a principle of substan tive law, is grounded in the concepts ofgood faith and equity. acquietandis plegiis (a-kwI-a-tan-dis plee-jee-is), n. [Law Latin "for acquitting sureties"] Hist. A writ to force a creditor to discharge a surety when the debt has been satisfied. acquietatus (a-kwI-a-tay-tas), adj. [Law tatin] Hist. Pro nounced not guilty by a jury; acquitted. acquire, vb. To gain possession or control of; to get or obtain. acquired allegiance. See ALLEGIANCE. acquired corporation. See CORPORATION. acquired distinctiveness. See DISTINCTIVENESS. acquired federal land. See LAND. acquired land. See LAND. acquired right. See RIGHT. acquired-rights doctrine. The principle that once a right has vested, it may not be reduced by later legisla tion. The Universal Copyright Convention applies the doctrine to copyright protections, esp. terms, that controlled before the Convention took effect. Also termed doctrine ofacqUired rights. acquired servitude. See SERVITUDE (2). acquired surplus. See SURPLUS. acquirenda, n. pl. [Latin] Hist. Things to be gained by purchase. acquisita et acquirenda (a-kwiz-i-t;) et ak-wa-ren-da). [taw Latin] Scots law. Things acquired and to be acquired . Certain legal actions (such as inhibition) affected both acquired property and property to be acqUired while some actions (such as seizure) affected only property that had already been acquired. acquisition, n. (l4c) 1. The gaining of possession or control over something <acquisition of the target company's assets>. 2. Something acquired <a valuable acquisition>. creeping acquisition. The gradual purchase ofa corpo ration's stock at varying prices on the open market . As a takeover method, a creeping acquisition does not involve a formal tender offer. although the SEC may classify

As a takeover method, a creeping acquisition does not involve a formal tender offer. although the SEC may classify it as such for regulatory purposes. Also termed creeping tender offer. derivative acquisition. An acquisition obtained from another, as by sale or gift. new acquisition. An estate not originating from descent, devise, or gift from the paternal or maternal 27 line of the owner. -For example, an estate acquired from a nonrelative is a new acquisition. See nonances tral estate under ESTATE (1). original acquisition. An acquisition that has never been the property ofanyone such as a copyright owned by an author. acquisition cost. See COST (1). acquisitive offense. See OFFENSE (1). acquisitive prescription. See PRESCRIPTION (5). acquist (~-kwist), n. Hist. The act ofobtaining (a thing); acquisition. _ The idiomatic tendency is to use acquist for the action and acquet for the result. Cf. ACQUET. acquit, vb. (l3c) 1. To clear (a person) of a criminal charge. 2. To payor discharge (a debt or claim). acquittal, n. (15c) 1. The legal certification, usu. by jury verdict, that an accused person is not guilty of the charged offense. acquittal in fact. (l7c) An acquittal by a jury verdict of not guilty. acquittal in law. (17c) An acquittal by operation oflaw, as of someone who has been charged merely as an accessory after the principal has been acquitted. implied acquittal. (1858) An acquittal in which a jury convicts the defendant of a lesser included offense without commenting on the greater offense. -Double jeopardy bars the retrial of a defendant on the higher offense after an implied acquittal. [Cases: Double Jeopardy 0= 100.1.] 2. Contracts. A release or discharge from debt or other liability; ACQUITTANCE. [Cases: Release 0=8.] 3. Hist. The obligation of a middle lord to protect a tenant from a claim, entry, or molestation by a paramount lord arising out of service that the middle lord owes the paramount lord. acquittance, n. (14c) A document by which one is dis charged from a debt or other obligation; a receipt or release indicating payment in full. [Cases: Release <::= 8.] -acquit, vb. acquitted, adj. 1. Judicially discharged from an accusa tion; absolved. 2. Released from a debt. acre. 1. An area ofland measuring 43,560 square feet. Cf. COMMERCIAL ACRE. foot acre. A one-foot -deep layer ofcoal, water, or other material spread over one acre. -This measurement method is used to value coal land for tax purposes. It is also used to measure the volume and capacity of reservoirs. 2. Hist. 1he area ofland that a man with two oxen could plow in one day. _ Beginning in the mid-13th century, this was statutorily limited to an area of 14,520 square feet. acreage-contribution agreement. Oil & gas. A support agreement under which one party promises to grant leases or interest in leases in the area ofa test well to the party who drills the test well in exchange for drilling act or geological information ifthe test well is drilled to a certain depth. See SUPPORT AGREEMENT. [Cases: Mines and Minerals 0=109.] acre-foot. A volume measurement in irrigation, equal to the amount ofwater that will cover one acre ofland in one foot of water (325,850 gallons). acre right. Hist. In New England, a citizen's share in the common lands. -The value of the acre right varied among towns but was fixed in each town. A 10-acre lot in a certain town was equivalent to 113 acres ofupland and 12 acres of meadow, and an exact proportion was maintained between the acre right and salable land. across-the-board, adj. Applying to all classes, categories, or groups <an across-the-board tax cut>. ACRS. abbr. ACCEI~ERATED COST-RECOVERY SYSTEM. act, n. (14c) L Something done or performed, esp. vol untarily; a deed. Also termed action. "'[Alet' or 'action' means a bodily movement whether vol untary or involuntary ...." Model Penal Code 1.13. 2. The process of doing or performing; an occurrence that results from a person's will being exerted on the external world; ACTION (2). -Also termed positive act; act ofcommission. "The term act is one of ambiguous import, being used in various senses of different degrees of generality. When it is said, however, that an act is one of the essential conditions of liability, we use the term in the widest sense of which it is capable. We mean by it any event which is subject to the control of the human will. Such a definition is, indeed, not ultimate, but it is sufficient for the purpose of the law:' John Salmond. jurisprudence 367 (Glanville L. Williams ed., 10th ed. 1947). 'The word 'act' is used throughout the Restatement of this Subject to denote an external manifestation of the actor's will and does not include any of its results, even the most direct, immediate, and intended." Restatement (Second) ofTorts 2 (1965). abstract juridical act. Civil law. A juridical act whose validity may be independent ofthe existence or law fulness of the underlying cause. -In some systems, examples include negotiable instruments, debt remis sion, debt acknowledgment, and the novation ofan obligation. See juridical act. act in pais (in pay). [Law French] An act performed out ofcourt, such as a deed made between two parties on the land being transferred. See IN PAIS. act in the law. (1829) An act that is intended to create, transfer, or extinguish a right and that is effective in law for that purpose; the exercise ofa legal power. -- Also termed juristic act; act ofthe party; legal act. act ofcourt. See JUDICIAL ACT. act ofGod. See ACT OF GOD. act ofltostility. See ACT OF HOSTILITY. act oflaw. See act ofthe law. act ofomission. See negative act. act ofthe law. (17c) The creation, extinction, or transfer ofa right by the operation of the law itself, without any 28 acta diurna consent on the part ofthe persons concerned. Also termed legal act; act aflaw. Cf. LEGAL ACT. act ofthe party. See act in the law. administrative act. (I818) An act made in a manage ment capacity; esp., an act made outside the actor's usual field (as when a judge supervises court per sonnel). An administrative act is often subject to a greater risk ofliability than an act within the actor's usual field. See IMMUNITY (1). bilateral act. (1895) An act that involves the consent ing wills of two or more distinct parties, as with a contract, a conveyance, a mortgage, or a lease; AGREE MENT (1). conversionary act. An act that, unless privileged, makes the actor liable for conversion. external act. (16c) An act involving bodily activity, such as speaking. intentional act. (17c) An act resulting from the actor's will directed to that end . An act is intentional when it is foreseen and desired by the doer, and this fore Sight and desire resulted in the act through the opera tion of the will. internal act. (16c) An act of the mind, such as thinking. judicial act. (16c) An act involving the exercise of judicial power. -Also termed act ofcourt. "The distinction between ajudicial and a legislative act is well defined. The one determines what the law is, and what the rights of parties are, with reference to transactions already had; the other prescribes what the law shall be in future cases arising under it." Union Pacific R.R. v. United States, 99 U.S. 700, 721 (1878) (Field,J.. dissenting). jural act (joor-Jl). (1860) An act taken in the context of or in furtherance of a society's legal system. -Also termed jural activity. "In order to identify an act as a jural act, it must be the kind of act that would be engaged in by someone who is enforcing a law, determining an infraction of the law, making or changing a law, or settling a dispute." Martin P. Golding, Philosophy of Law 23 (1975). juridical act. Civil law. A lawful volitional act intended to have legal consequences. See abstract juridical act. juristic act. See act in the law. legal act. See LEGAL ACT. ministerial act. An act performed without the inde pendent exercise of discretion or judgment.. Ifthe act is mandatory, it is also termed a ministerial duty. See ministerial duty under DUTY (2). negative act. (l7c) The failure to do something that is legally reqUired; a nonoccurrence that involves the breach of a legal duty to take positive action . This takes the form of either a forbearance or an omission. -Also termed act ofomission. negligent act. An act that creates an unreasonable risk of harm to another. predicate act. An act that must be completed before legal consequences can attach to it or to another act or before further action can be taken . In statutes, words such as "if" often precede a description of a predicate act. quasi-judicial act. See QUASI-JUDICIAL ACT. tortious act. An act that subjects the actor to liability under the principles oftort law. unilateral act. (1861) An act in which there is only one party whose will operates, as in a testamentary dis position, the exercise of a power of appointment, or the voidance ofa voidable contract. unintentional act. (1820) An act not resulting from the actor's will toward what actually takes place. verbal act. (18c) 1. An act performed through the medium of words, either spoken or written. 2. Evidence. A statement offered to prove the words themselves because oftheir legal effect (e.g., the terms of a will) . For this purpose, the statement is not considered hearsay. 3. The formal product ofa legislature or other delibera tive body; esp., STATUTE For the various types ofacts, see the subentries under STATUTE. acta diu rna (ak-tJ dl-Jr-nJ). [Latin" daily proceedings"] Roman law. A public register ofthe daily proceedings of the senate, assemblies of the people, or the courts. act and deed. 1. A formally delivered written instru ment that memorializes a bargain or transaction. 2. Hist. Words in a traditional spoken formula used when signing a legal instrument. Immediately after signing, the party would touch the seal and declare, "I deliver this as my act and deed." act and warrant. Scots law. A sheriff's order appointing a trustee in bankruptcy, upon which the trustee assumes office and becomes vested with the bankruptcy estate. acta publica (ak-tJ pab-li-kJ), n. pl. [Latin] Roman & civil law. Things of general knowledge and concern; matters transacted before certain public officers. acte (akt), n. [French] French law. 1. An instrument; a proofin writing, such as a deed, bill of sale, or birth certificate. acte authentique (akt oh-tawn-teek). A deed executed with certain prescribed formalities, in the presence of a notary or other official. acte de deces (akt dJ day-say). A death certificate. acte de francisation (akt dJ frangk-J-za-syawn). A cer tificate confirming that a ship is of French national ity. acte de mariage (akt dJ mar-yahzh). A marriage cer tificate. acte de naissance (akt dJ nay-sJnts). A birth certifi cate. acte de notoriite. A deposition made before a notary to record and preserve a claim, usu. to property . Historically, most actes de notoriete were conducted to establish the identity and genealogy ofa purported heir. The depositions were subject to exclusion as hearsay. But an acte de notoriete may also appear in a 29 actio chain oftitle. See United States v. Repentigny, 72 U.S. 211 (1866). acte extrajudiciaire (akt eks-tr..-zhuu-dee-syair). A document served by a huissier at the request of one party on another party without legal proceedings. See HUISSIER (1). l'acte de l'tUat civil (lakt d<llay-tah see-veel). A public document relating to status (e.g., birth, divorce, death). 2. An act; conduct. acte d'heritier (akt day-ri-tyay). [French "act of an heir"] Conduct by an heir indicating an intent to accept the succession. acting, adj. (I8c) Holding an interim position; serving temporarily <an acting director>. acting charge d'affaires. See CHARGE D'AFFAIRES. acting executor. See EXECUTOR. acting officer. See OFFICER (1). act in pais. See ACT. act in the law. See ACT. actio (ak-shee-oh also ak-tee-oh), n. [Latin] 1. Roman & civil law. An action; a right or claim. 2. A right of action. [Cases: Action ~1.] 3. Hist. At common law, a lawsuit. PI. actiones (ak-shee-oh-neez). actio ad exhib

At common law, a lawsuit. PI. actiones (ak-shee-oh-neez). actio ad exhibendum (ak-shee-oh ad ek-si-ben-d ..m). Roman law. An action to compel a defendant to produce property so as to establish that it is in the defendant's possession. PI. actiones ad exhiben dum. actio aestimatoria (ak-shee-oh es-ti-m ..-tor-ee-..). See DE AESTIMATO. actio arbitraria (ak-shee-oh ahr-bi-trair-ee-J). Roman law. An action in which a judex issued an interlocu tory decree ordering the defendant to do something (such as restoring property to the plaintiff) on pain of a monetary judgment payable to the plaintiff. This action was so called because the judex could assess the damage at a high figure if the defendant failed to comply with the interlocutory order. PI. actiones arbitrariae (ak-shee-oh-neez ahr-bi-trair-ee-I). actio auctoritas (ak-shee-oh awk-tor-i-tas). Roman law. A seller's guarantee against eviction from man cipated land coupled with a promise to pay twice the sale price as damages if the buyer is evicted. The guarantee was implicit in the mancipation process. See MANCIPATION. actio bonaefidei (ak-shee-oh boh-nee {I-dee-I). Roman law. One of a class of actions in which a judge could take equitable considerations into account in render ing a decision. PI. actiones bonae fidei. actio calumniae (ak-shee-oh k ..-lam-nee-ee). Roman law. An action to restrain, or collect damages for, a malicious civil suit. The victim could also pursue criminal charges. PI. actiones calumniae. See CALUMNIA. actio civilis (ak-shee-oh s..-vI-lis). [Latin "a civil action"] Roman law. An action founded on the tra ditional Roman law, rather than the innovations of magistrates. Cf. actio honoraria. PI. actiones civiles. actio commodati (ak-shee-oh kom-a-day-tr). [Latin "action on loan"] Roman law. An action for the recovery ofa thing gratuitously lent but not returned to the lender. Also termed commodati actio. See COMMODATUM. Pi. actiones commodatio actio commodati contraria (ak-shee-oh kom-a-day-tI kJn-trair-ee-J). Roman law. An action by a gratuitous borrower against a lender for extraordinary expenses or damage caused by the lender'S default. PI. actiones commodati contrariae. actio commodati directa (ak-shee-oh kom-a-day-tI di-rek-t..). Roman law. An action by a lender against a borrower for restitution for an item gratuitously lent. PI. actiones commodati directae. actio condictio indebiti (ak-shee-oh kan-dik-shee-oh in-deb-a-tr). See condictio indebiti under CONDICTlO . Strictly speaking, the headword is a solecism, since a condictio is a type ofactio, but this phrase is occa Sionally found in legal literature. PI. actiones condic tio indebiti. actio conducti (ak-shee-oh k ..n-dak-tI). [Latin "action for the thing hired"] An action by the lessee of a thing or the hirer ofanother's services to enforce the contract or claim damages for breach. Also termed actio ex conducto. Cf. actio locatio actio confessoria (ak-shee-oh kon-f ..-sor-ee-..). [Latin "action based on an admission"] 1. See vindicatio servitutis under VINDICATIO. 2. An action in which the defendant admits liability but does not express it in a fixed sum. A judge therefore assesses the damages. actio contraria (ak-shee-oh k ..n-trair-ee- ..). Roman law. A counterclaim. Cf. actio directa. Pi. actio con traria. actio criminalis (ak-shee-oh kri-md-nay-lis). Roman law. A criminal action. PI. actiones criminales. actio damni injuria (ak-shee-oh dam-nI in-joor-ee-a). Roman law. An action for damages for tortiously causing pecuniary loss. See actio legis Aquiliae. PI. actiones damni injuriae. actio de communi dividundo (ak-shee-oh dee b-myoo-m di-vi-dan-doh). [Latin "for dividing a thing held in common"] Roman & civil law. An action to partition common property. -Sometimes short ened to de communi dividundo. See ADJuDICATIO. PI. actiones de communi dividundo. actio de dolo malo (ak-shee-oh dee doh-loh mal-oh). Roman law. An action offraud. This type ofaction was widely applied in cases involVing deceitful conduct. Also termed actio doli. PI. actiones de dolo malo. 30 actio actio de in rem verso (ak-shee-oh dee in rem var soh). See action de in rem verso under ACTION (4). PI. actiones de in rem verso. actio de pauperie (ak-shee-oh dee paw-par-eel. Roman law. An action for harm done by a domestic four legged animal. The owner could either pay for the damage or surrender the animal to the injured party. Justinian extended this action to include wild animals in some circumstances. See PAUPERIES. actio de peculio (ak-shee-oh dee pa-kyoo-Iee-oh). Roman law. An action against a paterfamilias or slave owner concerning the value of the child's or slave'S separate funds (peculium). PI. actiones de peculio. actio de pecunia constituta (ak-shee-oh dee pa-kyoo nee-a kon-sti-t[y]oo-ta). Roman law. An action on a promise to pay a preexisting debt. PI. actiones de pecunia constituta. actio depositi contraria (ak-shee-oh di-poz-a-tI kan trair-ee-a). Roman law. An action that a depositary has against the depositor for unpaid expenses. PI. actiones depositi contrariae. actio depositi directa (ak-shee-oh di-poz-a-tI di-rek-ta). Roman law. An action that a depositor has against a depositary for the return of the deposited item. PI. actiones depositi directae. actio de tigno juncto (ak-shee-oh dee tig-noh jangk toh). [Latin "action for joining timber"] Roman law. An action by the owner of material incorporated without payment into the defendant's building. It was akin to a theft action. The plaintiff could recover up to twice the value of the material. PI. actiones de tigno juncto. actio directa (ak-shee-oh di-rek-ta). Roman law. 1. An action founded on strict law and conducted accord ing to fixed forms; an action based on clearly defined obligations actionable at law based on a statute or a praetor's edict. 2. A direct action, as opposed to a counterclaim (actio contraria). Cf. actio in factum; actio uti/is. PI. actiones directae. actio doli (ak-shee-oh doh-h). See actio de dolo malo. actio empti (ak-shee-oh emp-tI). Roman law. An action by a buyer to compel a seller to deliver the item sold or for damages for breach ofcontract. -Also termed actio ex empto. PI. actiones emptio actio ex conducto (ak-shee-oh eks kan-dak-toh). See actio conductio PI. actiones ex conducto. actio ex contractu (ak-shee-oh eks bn-trak-t[y]oo). Roman law. An action arising out of a contract. This term had a similar meaning at common law. PI. actiones ex contractu. actio ex delicto (ak-shee-oh eks da-lik-toh). Roman law. An action founded on a tort. PI. actiones ex delicto. actio ex empto (ak-shee-oh eks emp-toh). See actio emptio actio exercitoria (ak-shee-oh eg-zar-si-tor-ee-a). Roman law. An action against the owner or lessee (exercitor) of a vessel, esp. for contracts made by the master. PI. actiones exercitoriae. actio ex locato (ak-shee-oh eks loh-kay-toh). See actio locatio actio ex stipulatu (ak-shee-oh eks stip-ya-lay-t[y]oo). Roman law. An action brought to enforce a stipulatio. See STIPULATION (3). actio ex vendito (ak-shee-oh eks ven-da-toh). See actio venditio actio familiae erciscundae (ak-shee-oh fa-mil-ee-ee ar-sis-kan-dee). [Latin "action to divide an estate"] An action for the partition ofthe inheritance among heirs. -Sometimes shortened to fami/iae erciscun dae. See ADJUDICATIO. actio finium regundorum (ak-shee-oh fI-nee-am ri-gan-dor-am). [Latin "action for regulation of boundaries"] Roman law. An action among neighbor ing proprietors to fix or to preserve property bound aries. See ADJUDICATIO. actio furti (ak-shee-oh far-tIl. Roman law. An action by which the owner ofstolen goods can, according to the circumstances, recover a multiple of their value from the thiefby way of penalty, without prejudice to a further action to recover the goods themselves or their value. Seefurtum manifestum under FURTUM. actio honoraria (ak-shee-oh [h]on-a-rair-ee-a). PI. actiones honorariae. See ACTIONES HONORARIAE. actio hypothecaria (ak-shee-oh hI-poth-a-kair-ee-a). See HYPOTHECARIA ACTIO. actio in factum (ak-shee-oh in fak-tam). Roman law. An action granted by the praetor when no standard action was available . The closest Anglo-American equivalent is action on the case or trespass on the case. See trespass on the case under TRESPASS. Cf. actio directa; actio uti/is. actio injuriarum (ak-shee-oh in-juur-ee-ahr-am). Roman law. An action that lay against anyone who had attacked the body, reputation, or dignity of any person. -Also spelled actio iniuriarum. PI. actiones injuriarum (ak-shee-oh-neez in-juur-ee-ahr-am). actio in personam (ak-shee-oh in par-soh-nam). PI. actiones in personam. See action in personam under ACTION (4). actio in rem (ak-shee-oh in rem). PI. actiones in rem. 1. See action in rem UNDER ACTION (4). 2. See real action under ACTION (4). actio institoria (ak-shee-oh in-sti-tor-ee-a). [Latin] Roman law. An action against a principal by one who contracted with the principal's business agent, limited to matters arising out of the business. See INSTITOR. actio judicati (ak-shee-oh joo-di-kay-tI). Roman law. An action to enforce a judgment by execution on the defendant's property. PI. actiones judicatio actio legis (ak-shee-oh lee-jis). See LEGIS ACTIO. actio legis Aquiliae (ak-shee-oh lee-jis a-kwil-ee-ee). Roman law. An action under the Aquilian law; specif., 31 an action to recover for loss caused by intentional or negligent damage to another's property. Also termed actio damni injuria; actio damni injuria dati. See LEX AQUILlA. actio locati (ak-shee-oh 10h-kay-tI). [Latin "action for what has been hired out"] Roman law. An action that a lessor (the locator) of a thing might have against the hirer, or an employer against a contractor. Also termed actio ex locato (ak-shee-oh eks loh-kay-toh). Cf. actio conductio actio mandati (ak-shee-oh man-day-tr). 1. Civil law. An action to enforce a contract for gratuitous services or remuneration. 2. Hist. An action to enforce a contract for gratuitous services. See MANDATUM. PI. actiones mandati. actio mixta (ak-shee-oh mik-sta). Roman law. A mixed action; an action in which two or more features are combined, as an action for damages and for a penalty, or an action in rem and in personam. PI. actiones mixta (ak-shee-oh-neez mik-st<l). actio negatoria (ak-shee-oh neg-a-tor-ee-a). Roman law. An action brought by a landowner against anyone claiming to exercise a servitude over the landowner's property. Also termed actio negativa. PI. actiones negatoriae. actio negotiorum gestorum (ak-shee-oh na-goh-shee or-am jes-tor-am). Roman law. An action against a gestor for the mismanagement of the principal's property, or for any acquis