ad quaerimoniam(ad kweer-a-moh-nee-am), adv. [Law Latin] On complaint of. |
ad quem(ad kwem), adv. lLatin] To which. This term is used as a correlative to a quo in computation of time or distance. For example, the terminus a quo is the point of beginning or departure; the terminus ad quem is the end of the period or point of arrival. |
ad quod curia concordavit(ad kwod kyoor-ee-a kon-kor-day-vit). [Law Latin]. To which the court agreed. |
ad quod damnum(ad kwod dam-nam). [Latin "to what damage"]. Hist. A writ directing the sheriff to inquire of jurors under oath to what damage a grant (as of a fair, market, liberty, or other franchise) would be to various people if the king were to make the grant. The writ was issuable from the court ofchancery. Also termed writ of ad quod damnum. |
ad quod non fuit responsum(ad kwod non fyoo-it ri-spon-sam). [Law Latin]. To which there was no answer. This phrase was used in law reports to indicate an unresponded-to argument or objection. |
ad rationem ponere(ad ray-shee-oh-nam poh-na-ree), vb. [Law Latin "to give a reason"]. To cite (a person) to appear. The Exchequer summoned persons to appear and explain a charge with this phrase. |
ad recognoscendum(ad ree-kog-na-sen-dam), vb. [Law Latin]. To recognize . These were formal words in writs . |
ad rectum(ad rek-tam), vb. [Law Latin]. To right; to meet an accusation. |
ad reparationem et sustentationem(ad rep-a-ray-shee-oh-nam et sa-sten-tay-shee-oh-nam), adv. [Law Latin]. For repairing and keeping in suitable condition. |
ad reprimendam improbitatem huius generis hominum(ad rep-ri-men-dam im-proh-bi-tay-tam hI-as [or hwI-as] jen-a-ris hom-a-nam). [Latin] Hist. To repress the dishonesty of this class of men. The phrase appeared in reference to obligations that the law imposed on certain persons (such as innkeepers) because they were in a unique position to receive and misappropriate valuables entrusted to them. Cf. NAUTAE, CAUPONES, STABULARJI. |
ad respondendum(ad ree-spon-den-dam). [Latin] To answer. See capias ad respondendum under CAPIAS; habeas corpus ad respondendum under HABEAS CORPUS. |
ad rimandam veritatem(ad ri-man-dam ver-i-tay-tam). [Latin]. Hist. For the investigation of the truth. Parol testimony was sometimes allowed ad rimandam veritatem. |
ad satisfaciendum(ad sat-is-fay-shee-en-dam), [Latin]. To satisfy. See capias ad satisfaciendum under CAPIAS. |
ad sectam(ad sek-tam), adj. [Law Latin]. At the suit of. This term, in abbreviated form, was used in indexing the names ofcases by defendant - for example, "B ads. A" if B is the defendant. Abbr. ads.; adsm. |
ad similes casus(ad sim-a-Ieez kay-sas). [Law Latin]. Hist. To like cases. See CONSIMILI CASU. |
ad sustinenda anera matrimonii(ad sas-ti-nen-da on-ar-a ma-tra-moh-nee-l). [Latin]. Scots law. To bear the burdens or expenses of the married state. The phrase appeared in reference to the purpose for which the dowry was used. |
ad tentandas vires haereditatis(ad ten-tan-das vi-reez ha-red-i-tay-tis). [Latin]. Hist. For the purpose of testing the strength of the inheritance. |
ad terminum annorum(ad tar-ma-nam a-nor-am), adv. [Law Latin]. For a term of years. |
ad terminum qui praeteriit(ad tar-ma-nam kwi pri-ter-ee-it). [Law Latin "for a term which has passed"] A writ ofentry to recover land leased out to a holdover tenant. Also termed entry ad terminum qui praeteriit. |
ad testificandum(ad tes-ti-fi-kan-dam). [Latin]. To testify. See habeas corpus ad testificandum under HABEAS CORPUS; subpoena ad testificandum under SUBPOENA. |
ad tunc[Latin]. Then and there. |
ad tunc et ibidem(ad tangk et i-bi-dam or ib-i-dam), adv. [Latin] Hist. Then and there being found . This phrase was formerly used in indictments. |
ad usum et commodum(ad yoo-sam [or -zam] et koma-dam), adv. [Law Latin). To the use and benefit. |
ad valentiam(ad va-Ien-shee-am), adv. [Law Latin]. To the value. |
ad valorem(ad va-lor-am), adj. [Latin "according to the value"]. (Of a tax) proportional to the value of the thing taxed. -ad valorem, adv. |
ad valorem dutySee DUTY (4). |
ad valorem duty-A tax calculated as a percentage ofan imported product's value. Cf. compound duty; specific duty. |
ad valorem tariffA tariff set as a percentage of the imported goods value. This is the primary method used to calculate customs duties. |
ad valorem tariffSee TARIFF (2). |
ad valorem taxA tax imposed proportionally on the value of something (esp. real property), rather than on its quantity or some other measure. "[A]n ad valorem tax is a tax of a fixed proportion of the value of the property with respect to which the tax is assessed, and requires the intervention of assessors or appraisers to estimate the value of such property before the amount due from each taxpayer can be determined." 71 Am. Jur. 2d State and Local Taxation § 20, at 355 (1973). |
ad valorem taxSee TAX. |
ad ventrem inspiciendum(ad ven-tram in-spish-ee-en-dam). n. [Latin] See DE VENTRE INSPICIENDO. |
ad vindictam publicam(ad vin-dik-tam pab-li-kam). [Latin] Scots law. For vindicating the public interest. The phrase appeared in reference to the purpose for which government prosecuted crimes. |
ad vitam(ad vi-tam), adj. [Latin]. For life. |
ad vitam aut culpam(ad vi-tam awt kal-pam), adj. [Law Latin]. For life or until misbehavior. This phrase described a tenure of office. |
ad vitandum perjurium(ad vi-tan-dam par-juur-ee-am). [Latin] Scots law. For avoiding perjury. See OB METUM PERJURIL |
ad voluntatem(ad vol-an-tay-tam), adv. & adj. [Law Latin]. At will. |
adaabbr. AMERICANS WITH DISABILITIES ACT. |
adaptation rightCopyright. A copyright holder'S exclusive right to prepare derivative works based on the protected work. 17 USCA § 106(2). For example, before a movie studio can make a film version of a book, it must secure the author's adaptation right. See derivative work under WORK (2). |
adbabbr. ACCIDENTAL-DEATH BENEFIT. |
adcordabilis denarii(ad-kor-day-ba-lis di-nair-ee-l), n. [Latin]Hist.Money paid by a vassal to the lord upon the sale or exchange of a feud. |
addParliamentary law. A form of amendment that places new wording at the end of a motion or of a paragraph or other readily divisible part within a motion. See amendment by adding under AMENDMENT (3). |
added damagesSee punitive damages under DAMAGES. |
added damagesSee punitive damages. |
addendum(a-den-dam). Something to be added, esp. to a document; a supplement. |
addicent(ad-i-sent), adj. Roman law. One who transfers something by official authority. |
addicere(a-dis-ar-ee), vb. [Latin] Roman law. To adjudge, allot, or condemn. |
addict(a-dikt), n. A person who habitually uses a substance, a narcotic drug. addict (a-dikt), vb.-addictive, adj. addiction, n. |
addict-1.To adjudge (to); to deliver under court order. 2. More broadly, to surrender a thing (to someone else). |
addictio(a-dik-shee-oh), n. [Latin] Roman law. The awarding by a magistrate of a person or thing to another, as the property of a debtor to a creditor, or as a form of conveyance. Also termed addiction. PI. addictiones (a-dik-shee-oh-neez). |
addictio in diem(a-dik-shee-oh in dI-dm). [Latin "assignment for a fixed period" or "postponement to a date"], Roman law. A clause in a contract of sale in which the parties agree that the contract can be terminated if the seller receives a better offer within a specified period. Also termed in diem addictio. |
addiction1. The habitual and intemperate use of a substance, esp. a potentially harmful one such as a narcotic drug.o The usual requisites are (I) an emotional dependence that leads to compulsiveness; (2) an enhanced tolerance of the substance, leading to more potent doses; and (3) phYSical dependence such that withdrawal symptoms result from deprivation. 2. ADDICTIO. |
addictive drugSee DRUG. |
addictive drug-A drug (such as heroin or nicotine) that, usu. after repeated consumption, causes physical dependence and results in well-defined phYSiological symptoms upon withdrawal. |
addition1. A structure that is attached to or connected with another building that predates the structure; an extension or annex. Although some courts have held that an addition is merely an appurtenant structure that might not actually be in physical contact with the other building, most courts hold that there must be physical contact. 2. A title or appellation appended to a person's name to show rank, occupation, or place of residence . In English law, there are traditionally four kinds of additions: (1) those of estate, such as yeoman, gentleman, or esquire; (2) those of degree (or dignity), such as knight, baron, earl, marquis, or duke; (3) those of trade or occupation, such as scrivener, painter, mason, or carpenter; and (4) those of place of residence, such as London, Bath, or Chester. It was formerly required by the statute of additions (1 Hen. 5, ch. 5) that original writs and indictments state a person's addition, but the practice has long since been abolished. |
additional claims after allowancePatents. Claims submitted for the first time by amendment after the U.S. Patent and Trademark Office has informed the applicant of the patent application's allowance . Once a notice of allowance has been issued, the applicant may not by right submit additional claims. But in some circumstances, such as when the applicant seeks to add only dependent claims, the supervisory examiner has authority to enter an amendment containing additional claims after allowance but on or before the date when the issue fee is paid. See amendment after allowance under PATENT- APPLICATION AMENDMENT. |
additional damagesSee DAMAGES. |
additional damages-Damages usu. provided by statute in addition to direct damages. Additional damages can include expenses resulting from the injury, consequential damages, or punitive damages. |
additional extended coverageA policy endorsement providing supplemental residential coverage for a variety of perils, including vandalism, damage from falling trees, and water damage from the plumbing system. |
additional grand jurySee special grand jury under GRAND JURY. |
additional grand jury-See special grand jury. |
additional instructionSee JURY INSTRUCTION. |
additional instructionA jury charge, beyond the original instructions, that is usu. given in response to the jury"s question about the evidence or some point oflaw. Also termed further instruction. |
additional insuranceInsurance added to an existing policy. |
additional insuranceSee INSURANCE. |
additional insuredA person who is covered by an insurance policy but who is not the primary insured. An additional insured may, or may not, be specifically named in the policy. If the person is named, then the term is sometimes named additional insured. Also termed secondary insured. |
additional insuredSee INSURED. |
additional legacySee LEGACY. |
additional servitudeSee SERVITUDE (2). |
additional servitudeA servitude imposed on land taken under an eminent-domain proceeding for a different type of servitude, as when a highway is constructed on land condemned for a public sidewalk. A landowner whose land is burdened by an additional servitude is entitled to further compensation. |
additional standard deductionSee DEDUCTION. |
additional standard deduction-The sum of the additional amounts that a taxpayer who turns 65 or becomes blind before the close of the taxable year is entitled to deduct. |
additional taxSee stopgap tax under TAX. |
additional taxSee stopgap tax. |
additional termSee TERM (5). |
additional workSee WORK (1). |
additional-consideration ruleEmployment law. An exception to the employment-at-will principle, whereby an employee who does not have a written contract but who undertakes substantial hardship in addition to the normal job duties - as by relocating to a different city based on oral assurances of job security can maintain a breach-of-contract claim if the employer does not fulfill its agreement. |
additional-perils clauseSee INCHMAREE CLAUSE. |
additur(ad-a-tuur). [Latin "it is added to"], A trial court's order, issued usu. with the defendant's consent, that increases the jury's award of damages to avoid a new trial on grounds of inadequate damages. The term may also refer to the increase itself, the procedure, or the court's power to make the order. Also termed increscitur. Cf. REMITTITUR. |
add-on clauseAn installment-contract provision that converts earlier purchases into security for new purchases. |
add-on interestInterest that is computed on the original face amount of a loan and that remains the same even as the principal declines. A $10,000 loan with add-on interest at 8% payable over three years would require equal annual interest payments of $800 for three years, regardless of the unpaid principal amount. With add-on interest, the effective rate of interest is typically about twice the stated add-on interest rate. In the example just cited, then, the effective rate of interest would be about 16%. - Also termed block interest. See add-on loan under LOAN. |
add-on interestSee INTEREST (3). |
add-on loanSee LOAN. |
addone(a-doh-nee), p.pl. [Law French], Given to. Also spelled addonne. |
address1.The place where mail or other communication is sent. 2. In some states, a legislature's formal request to the executive to do a particular thing, such as to remove a judge from office. 3. Equity practice. The part ofa bill in which the court is identified. See DIRECTION (5). |
address to the CrownUpon a reading ofa royal speech in Parliament, the ceremonial resolution by Parliament expressing thanks to the sovereign for the gracious speech. Formerly, two members were selected in each house for moving and seconding the address. With the commencement of the 1890-1891 session, a Single resolution was adopted. |
adduce(a-d[y]oos), vb. To offer or put forward for consideration (something) as evidence or authority <adduce the engineer's expert testimony>. adduction (a-dak-shan), n. - adducible (a-d[y]oo-sa-bel), adj. |
adeaabbr. AGE DISCRIMINATION IN EMPLOYMENT ACT. |
adeemTo revoke or satisfy (a willed gift) by some other gift. |
ademptio(a-demp-shee-oh), n. [Latin) Roman law. Ademption. The term referred to the revocation of a legacy under certain circumstances, as when the item bequeathed no longer existed or when the testator no longer owned the item. The ablative form ademptione means "by ademption." PI. ademptiones (a-demp-shee-oh-neez). |
ademption(a-demp-shan), n. Wills & estates. The destruction or extinction of a testamentary gift by reason of a bequeathed asset's ceasing to be part of the estate at the time of the testator's death; a beneficiary's forfeiture of a legacy or bequest that is no longer operative. There are two theories of ademption. Under the identity theory ofademption, a devise ofa specific of property will fail if that property is not a part of the testator's estate upon his or her death. Under the intent theory ofademption, by contrast, when a specific devise is no longer in the testator's estate at the time of his or her death, the devisee will receive a gift of equal value if it can be proved that the testator did not intend the gift to be adeemed. The intent theory has been codified in § 2-606 of the 1990 Uniform Probate Code. Also termed extinguishment of legacy. Cf. ABATEMENT; ADVANCEMENT; LAPSE (2). adeem (a-deem), vb. - adeemed, adempted, adj. |
ademption by extinctionAn ademption that occurs because the unique property that is the subject of a specific bequest has been sold, given away, or destroyed, or is not otherwise in existence at the time of the testator's death. |
ademption by satisfactionAn ademption that occurs because the testator, while alive, has already given property to the beneficiary in lieu of the testamentary gift. |
adequacy of disclosurePatents. Satisfaction of the statutory requirements that the specification in a patent application (1) gives enough detailed information to enable one skilled in the art to make and use the claimed invention (the enablement requirement); (2) discloses the best way the inventor knows to make and use the invention (the best-mode requirement); and (3) shows that the inventor was in full possession of the claimed invention on the application's filing date (the written-description requirement) . A patent that fails to meet anyone of these requirements may be rejected under 35 USCA § 112. Any issued patent with an inadequate disclosure is invalid, although the challenger has to overcome the presumption of validity. Also termed sufficiency ofdisclosure. See ENABLEMENT REQUIREMENT; BEST-MODE REQUIREMENT. |
adequacy testSee IRREPARABLE-INJURY RULE. |
adequateadj. Legally sufficient <adequate notice>. |
adequate assuranceSee ASSURANCE. |
adequate assurance-1. Contracts. A circumstance or a contractual obligor's act that gives an obligee reason to be confident that the contract will be duly performed. If the obligee has good reason to feel insecure and justifiably demands assurance, an obligor's failure to provide adequate assurance may constitute a repudiation of the contract. UCC § 2-609. 2. Bankruptcy. Evidence that a debtor will probably be able to perform its obligations under a contract, such as the posting of a bond or a showing that the debtor will generate sufficient income to pay any arrearages and future payment obligations. |
adequate careSee reasonable care under CARE. |
adequate care-See reasonable care. |