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actio venditi (ak-shee-oh ven-da-ti). Roman law. An action by which a seller could obtain his price or enforce a contract of sale. Also termed actio ex vendito. PI. actiones venditio

actio venditi- See ACTIO.

actio vi bonorum raptorum (ak-shee-oh vi ba-nor-am rap-tor-am). Roman law. A penal action to recover goods taken by force . A successful plaintiff would also receive three times the value of the taken property. Cf. INTERDICTUM QUOD VI AUT CLAM.

actio vi- bonorum raptorum See ACTIO.

actio vulgaris- See ACTIO.

Action A former independent federal agency that administered various volunteer-services programs including Foster Grandparents, Retired Senior Volunteers, Senior Companions, Volunteers in Service to America, and Student Community Service Projects . Its functions were transferred to the Corporation for National and Community Service in 1995. See CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.

action 1. The process of doing something; conduct or behavior. 2. A thing done; ACT (2). 3. Patents. OFFICE ACTION.

action in personam (in par-soh-nam). 1. An action brought against a person rather than property. An in personam judgment is binding on the judgment-debtor and can be enforced against all the property of the judgment-debtor. 2. An action in which the named defendant is a natural or legal person. Also termed personal action; (in Roman and civil law) actio in personam; actio personalis, See IN PERSONAM. Pi. actiones in personam; actiones personates.

action agenda See action calendar under CALENDAR (4).

action agenda- See action calendar under CALENDAR (4).

action at law A civil suit stating a legal cause of action and seeking only a legal remedy. See suit at law and suit in equity under SUIT.

action at law- See ACTION (4).

action calendar- See CALENDAR (4).

action calendar, The list of business awaiting a deliberative assembly's vote. Also termed action agenda.

action de die in diem (dee dI-ee in dI-em). [Law Latin from day to day"] Hist. 1. An action occurring from day to day; a continuing right of action. 2. An action for trespass for each day that an injury continues. "That trespass by way of personal entry is a continuing injury, lasting as long as the personal presence of the wrongdoer, and giving rise to actions de die in diem so long as it lasts, is sufficiently obvious." R.F.V. Heuston, Salmond on the Law of Torts 42 (17th ed. 1977).

action de die in diem- See ACTION (4).

action de in rem verso (dee in rem var-soh). [Latin action for money applied to (the defendant's) advantage"] 1. Roman & civil law. An action for unjust enrichment, in which the plaintiff must show that an enrichment was bestowed, that the enrichment caused an impoverishment, that there is no justification for the enrichment and impoverishment, and that the plaintilfhas no other adequate remedy at law, including no remedy under an express or implied contract. 2. Roman law. An action brought against a paterfamilias or a slaveowner who benefited from the transaction of a child or slave. Also termed (in both senses) actio de in rem verso.

action de in rem verso- See ACTION (4).

action en declaration de simulation Louisiana law. An action to void a contract. See simulated contract under CONTRACT.

action en declaration de simulation- See ACTION (4).

action en desaveu Louisiana law. A lawsuit to disavow paternity brought by a man who is legally presumed to be the father of the child.

action ex contractu (eks kan-trak-t[y]oo). A personal action arising out of a contract."Actions ex contractu were somewhat illogically classified thus: covenant, debt, assumpsit, detinue, and account. The action of covenant lay where the party claimed damages for a breach of contract or promise under seal. The writ ofdebt lay for the recovery of a debt; that is, a liquidated or certain sum of money alleged to be due from defendant to plaintiff. The writ of detinue was the ancient remedy where the plaintiff claimed the specific recovery of goods, chattels, deeds, or writings detained from him. This remedy fell into disuse by reason of the unsatisfactory mode of trial of 'wager of law,' which the defendant could claim; and recourse was had to the action of replevin. In the American States an action of replevin founded upon statute provisions is almost universally the remedy for the recovery of specific personal property." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 5 (2d ed. 1899).

action ex contractu- See ACTION (4).

action ex delicto (eks da-lik-toh). A personal action arising out of a tort. The actions ex delicto were originally the action of trespass and the action of replevin." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 5 (2d ed. 1899).

action ex delicto- See ACTION (4).

action for declarator See DECLARATOR.

action for declaratory- See action of declarator under ACTION (4).

action for money had and received At common law, an action by which the plaintiff could recover money paid to the defendant, the money usu. being recoverable because (1) the money had been paid by mistake or under compulsion, or (2) the consideration was insufficient. "The action for money had and received lay to recover money which the plaintiff had paid to the defendant, on the ground that it had been paid under a mistake or com· pulsion, or for a consideration which had wholly failed. By this action the plaintiff could also recover money which the defendant had received from a third party, as when he was accountable or had attorned to the plaintiff in respect of the money, or the money formed part of the fruits of an office of the plaintiff which the defendant had usurped." Robert Goff & Gareth Jones, The Law of Restitution 3 (3d ed.1986).

action for money had and received- See ACTION (4).

action for money paid At common law, an action by which the plaintiff could recover money paid to a third party - not to the defendant in circumstances in which the defendant had benefited. The action for money paid was the appropriate action when the plaintiff's claim was in respect of money paid, not to the defendant, but to a third party, from which the defendant had derived a benefit. Historically, the plaintiff had to show that the payment was made at the defendant's request; but we shall see that the law was prepared to 'imply' such a request on certain occasions, in particular where the payment was made under compulsion of law or, in limited circumstances, in the course of intervention in an emergency on the defendant'S behalf, which in this book we shall call necessitous intervention." Robert Goff & Gareth Jones, The Law of Restitution 3 (3d ed. 1986).

action for money paid- See ACTION (4).

action for poinding A creditor's action to obtain sequestration of the land rents and goods of the debtor to satisfy the debt or enforce a distress.

action for poinding- See ACTION (4).

action for the loss of services A husband's lawsuit against one who has taken away, imprisoned, or physically harmed his wife in circumstances in which (1) the act is wrongful to the wife, and (2) the husband is deprived of her society or services.

action for the loss of services- See ACTION (4).

action for the recovery of land See EJECTMENT.

action for the recovery of land- See EJECTMENT.

action in equity An action that seeks equitable relief, such as an injunction or specific performance, as opposed to damages. See suit in equity under SUIT.

action in equity- 1. See ACTION (4). 2. See suit in equity under SUIT.

action in personam See ACTION (4).

action in rem (in rem). 1. An action determining the title to property and the rights of the parties, not merely among themselves, but also against all persons at any time claiming an interest in that property; a real action. 2. Louisiana law. An action brought for the protection of possession, ownership, or other real rights in immovable property. La. Civ. Code arts. 3651 et seq. 3. Louisiana law. An action for the recovery of possession of immovable property. La. Civ. Code art. 526. - Also termed (in Roman law) actio in rem; actio realis; real action. See IN REM. PI.

action in rem- See ACTION (4).

action of account See ACCOUNTING (3).

action of account- See ACCOUNTING (3).

action of assize A real action by which the plaintiff proves title to land merely by showing an ancestor's possession.See ASSIZE.

action of assize- See ACTION (4).

action of book debt See ACCOUNTING (4).

action of book debt- See ACCOUNTING (4).

action of debt See CONDITIO.

action of debt- See CONDICTIO.

action of declarator Scots law. An action brought in the Court of Session for the purpose of establishing a legal status or right. Also termed declarator; action for declaratory.

action of declarator- See ACTION (4).

action of ejectment See EJECTMENT (3).

action of ejectment- See EJECTMENT (3).

action of reprobator See REPROBATOR.

action of reprobator- See REPROBATOR.

action on account See ACCOUNTING (4).

action on account- See ACCOUNTING (4).

action on decision A legal memorandum from attorneys in the Internal Revenue Service's litigation division to the Service's Chief Counsel, containing advice on whether the Service should acquiesce, appeal, or take some other action regarding a court's decision that is unfavorable to the Service. Abbr. AOD.

action on expenditure An action for payment of the principal debt by a personal surety.

action on expenditure- See ACTION (4).

action on the case See trespass on the case under TRESPASS.

action on the case- See trespass on the case under TRESPASS.

action per quod servitium amisit (par kwod sar-vish-ee-am a-mI-sit). [Latin], Hist. An action for the loss of a servant's services.

action per quod servitium amisit- See ACTION (4).

action quasi in rem (kway-si in rem or kway-zI). An action brought against the defendant personally, with jurisdiction based on an interest in property, the objective being to deal with the particular property or to subject the property to the discharge of the claims asserted. See quasi in rem under IN REM.

action quasi in rem- See ACTION (4).

action to quiet title A proceeding to establish a plaintiff's title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it. Also termed quiet-title action.

action to- quiet title See ACTION (4).

action to review judgment 1. MOTION FOR NEW TRIAL. 2. A request for judicial review of a nonjudicial body's decision, such as an administrative ruling on a workers'-compensation claim.The grounds for review are usu. similar to those for a new trial, esp. patent errors oflaw and new evidence.

action to- review judgment See ACTION (4).

action, cause of See CAUSE OF ACTION.

action, form of See FORM OF ACTION.

action, right of See RIGHT OF ACTION.

actionable Furnishing the legal ground for a lawsuit or other legal action <intentional interference with contractual relations is an actionable tort>.

actionable negligence See NEGLIGENCE (1).

actionable nuisance See NUISANCE (3).

actionable per quod (par kwod). (Of potentially defamatory words) not inherently defamatory and therefore requiring allegation and proof of special damages . For example, if the defendant says, "1he plaintiff is crazy," the utterance is actionable per quod. That is, the plaintiff must prove, in addition to the utterance, that the defendant intended the words to mean that the plaintiff was mentally impaired or deficient in business or professional capacity, and that these words caused the plaintiff to suffer special damages. See PER QUOD.

actionable per quod- See ACTIONABLE.

actionable per se (par say). (Of defamatory words) legally and conclusively presumed defamatory. In the law of defamation, words actionable per se are inherently libelous or slanderous. For example, if a person says of a fiduciary, "That person embezzles client funds," the utterance is actionable per se. The plaintiff does not have to allege or prove special damages. See PER SE. ''The terminology 'actionable per se' has proven treacher· ous, in that it has invited confusion with another doctrine which obtains in defamation cases. This is the doctrine which distinguishes between words (such as, 'You are a thief') which convey a defamatory meaning on their face, and, on the other hand, words of veiled detraction whose offense is apparent only when the context and circumstances are revealed. The former are sometimes said to be defamatory 'per se' or slanderous 'per se' or libelous 'per se,' whereas the latter, to be properly pleaded, must have an accompanying 'innuendo' or explanation. Clearly this requirement has no relationship to the other rule, that certain slanders are and others are not actionable without a showing of special damage, but the use of the phrase 'per se' in both connections has produced confUSion, and we find many American courts adopting the practice of requiring, in cases where the defamation, whether slander or libel, must be explained by an 'innuendo' to reveal its defamatory meaning, that special damages be also pleaded." Charles T. Mccormick, Handbook on the Law of Damages§ 113,at417(1935).

actionable per se- See ACTIONABLE.

actionable word- A term that is defamatory in itself. See libel per se under LIBEL.

actionare (ak-shee-a-nair-ee), vb. [Law Latin] To bring an action; to sue.

actionem non habere debet See ACTIO NON.

actiones honorariae See ACTIONES HONORARIAE.

actiones honorariae- (ak-shee-oh-neez [h]on-a-rair-ee-I). A praetorian action; a class of equitable actions introduced by the praetors to prevent injustices.

actiones in personam See action in personam under ACTION (4).

actiones in rem 4. An action in which the named defendant is real or personal property.

actiones legis See LEGIS ACTIO.

actiones nominatae (ak-shee-oh-neez nom-a-nay-tee), n. pl. [Latin "named actions"], Hist. Actions for which the Chancery had well-established forms. See CASU CONSIMILI.

actiones poenales (ak-shee-oh-neez pee-nay-leez), n. pl. [Latin "penal actions"] See actio poenalis under ACTIO.

active adoption-registry statute See ADOPTION-REGISTRY STATUTE.

active adoption-registry statute- A registry statute that authorizes a state authority to seek out parties' desires to obtain or release adoption information when one party expresses a desire for that information.

active breach of contract See BREACH OF CONTRACT.

active breach of contract- The negligent performance of a contractual obligation, to the point of acting outside the contract's terms . Under Loui-siana law before 1984, active breach of contract was contrasted with passive breach of contract, which was a failure to perform the obligations created by the contract. Unlike a passive breach, an active breach of contract could give rise to a claim in contract and in tort. The distinction was abolished in 1984. Cf. passive breach of contract.

active case See CASE.

active case- A case that is still pending.

active concealmen See CONCEALMENT.

active concealment The concealment by words or acts of something that one has a duty to reveal.

active conduct See CONDUCT.