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adequate cause See adequate provocation under PROVOCATION.

adequate compensation See just compensation under COMPENSATION.

adequate compensation- See just compensation.

adequate consideration See CONSIDERATION (1).

adequate consideration- Consideration that is fair and reasonable under the circumstances of the agreement. Cf. sufficient consideration. "It is helpful to observe precision in use of vocabulary when analyzing consideration issues. Distinguish carefully between 'adequate' consideration and 'sufficient' consideration. 'Adequacy' refers to whether there was a fair involving an exchange of equal values. 'Sufficiency' to whether the consideration is legally sufficient to enforce a promise, and this requires only that there be some legal detriment incurred as a bargained exchange for the other party's promise." Claude Rohwer & Gordon D. Schaber, Contracts in a Nutshell 83 (4th ed. 1997). "Although courts have not lost the habit of speaking of an 'adequate,' a 'sufficient,' or a 'valuable' consideration, the bargain test as epitomized in the Restatement imposes no such additional requirement." E. Allan Farnsworth, Contracts § 2.11, at 69-70 (3d ed. 1999).

adequate notice See due notice under NOTICE.

adequate protection Bankruptcy. Consideration that a debtor provides to secured creditors to protect them from the deteriorating condition or diminishing value of their collateral during the pendency of the bankruptcy. The consideration, which can be in any form, is most commonly an additional payment, additional lien, or replacement lien. "Bankruptcy intends to safeguard secured creditors' encumbrances, but the stay threatens them by preventing the secured creditors from foreclosing or taking other actions to apply the property's value against the secured debt. Bankruptcy aims to guard against this threat by ordering relief ... for lack of adequate protection of the secured interest." David G. Epstein et aI., Bankruptcy § 3-27, at 140 (1993).

adequate provocation Something that would cause a reasonable person to act without self-control and lose any premeditated state of mind. The usual form of adequate provocation is the heat of passion. Adequate provocation can reduce a criminal charge, as from murder to voluntary manslaughter. Also termed adequate cause; reasonable provocation. See HEAT OF PASSION. Cf. SELF-DEFENSE.

adequate provocation See PROVOCATION.

adequate remedy at law See REMEDY.

adequate remedy at law A legal remedy (such as an award ofdamages) that provides sufficient relief to the petitioning party, thus preventing the party from obtaining equitable relief. See IRREPARABLE INJURY RULE.

adequate representation A close alignment of interests between actual parties and potential parties in a lawsuit, so that the interests of potential parties are sufficiently protected by the actual parties. The concept of adequate representation is often used in procedural contexts, For example, if a case is to be certified as a class action, there must be adequate representation by the named plaintiffs of all the potential class members. Fed. R, eiv. P. 23(a)(4), And if a nonparty is to intervene in a lawsuit, there must not already be adequate representation of the nonparty by an existing party, Fed, R. Civ. P, 24(a)(2).

adequate representation See REPRESENTATION (3).

adequate warning See WARNING,

adequate-state-grounds doctrine A judge-made principle that prevents the U.S. Supreme Court from reviewing a state-court decision based partially on state law if a decision on a federal issue would not change the result.

adesse (ad-es-ee), vb. Civil law. To be present. Cf. ABESSE.

adeu (a-dyoo), adv. [Law French] Without day . This is a common term in the Year Books, indicating a final dis missal from court (alez adeu "go hence without day"). See GO HENCE WITHOUT DAY; ALLER SANS JOUR.

adf abbr. AFRICAN DEVELOPMENT FOUNDATION.

adfaciendam juratam ilIam (ad fay-shee-en-dam ja-ray-tam il-am). [Law Latin] To make up that jury.

adfilum aquae (ad fI-lam ak-wee), adv. [Law Latin], To the thread of the water; to the central line or middle of a stream. This refers to the ownership reach of a riparian proprietor. Also termed ad medium filum aquae.

adfinis (ad-fI-neez), n. [Latin], Roman law. A relative of one's spouse. PI. adfines.

adhere 1.(Of one house in a bicameral legislature) to reject the other house's insistence on a difference in legislation that has passed both houses, without requesting a conference. Cf. INSIST ON. "When both houses have insisted [on differing views about an amendmentl without a request for conference, it is also in order to move to adhere. Adoption of a motion to adhere represents an unyielding attitude of the adopting house. It is unparliamentary for an adhering house to request a con· ference; however, the other house may continue to insist and request a conference. It is in order for an adhering house to recede from its adherence and agree to a confer· ence." National Conference of State Legislatures, Mason's Manual of Legislative Procedure § 768, at 556-57 (2000). 2. Scots law. To live together as husband and wife. 3. Scots law. (Of an appellate court) to affirm a lower court's judgment. adherence, n.

adherence 1. ACCESSION (3). 2. Scots law. The duty of spouses to live together.

adhesion See ACCESSION (3).

adhesion contract See CONTRACT.

adhesion contract- A standard-form contract prepared by one party, to be Signed by another party in a weaker position, LlSU. a consumer, who adheres to the contract with little choice about the terms. Also termed contract ofadhesion; adhesive contract; adhesory contract; adhesionary contract; take-it-orleave-it contract; leonine contract. "Some sets of trade and professional forms are extremely one-sided, grossly favoring one interest group against others, and are commonly referred to as contracts of adhesion. From weakness in bargaining position, igno' rance, or indifference, unfavored parties are willing to enter transactions controlled by these lopsided legal docu· ments." Quintin Johnstone & Dan Hopson Jr., Lawyers and Their Work 329-30 (1967). "Dangers are Inherent in standardization ... for it affords a means by which one party may impose terms on another unwitting or even unwilling party. Several circumstances facilitate this imposition. First, the party that proffers the form has had the advantage of time and expert advice in preparing it, almost inevitably producing a form slanted in its favor. Second, the other party is usually completely or at least relatively unfamiliar with the form and has scant opportunity to read it an opportunity often diminished by the use of fine print and convoluted clauses. Third, bargaining over terms of the form may not be between equals or, as is more often the case, there may be no possibility of bargaining at all. The form may be used by an enterprise with such disproportionately strong economic power that it simply dictates the terms. Or the form may be a take·it· or·leave-it proposition, often called a contract of adhesion, under which the only alternative to complete adherence is outright rejection." E. Allan Farnsworth, Contracts § 4.26, at 296-97 (3d ed. 1999).

adhesionary contract See adhesion contract under CONTRACT.

adhesory contract See adhesion contract under CONTRACT.

adhibere (ad-ha-bair-ee), vb. [Latin], Civil law. To apply; to put (a thing) to use; to exercise.

adhibere diligentiam (ad-ha-bair-ee dil-a-jen-shee-am), vb. [Latin], Civil law. To use care.

adiate (ad-ee-ayt), vb. Roman-Dutch law. To accept as beneficiary under a will. - adiation, n.

adieu (a-dyoo). [Law French "to God"] Farewell. This term, although etymologically distinct, appears some times in the Year Books in place of adeu. See ADEU; ALLER ADIEU.

adiratus (ad-a-ray-tas), adj. [Law Latin] Hist. Lost; strayed; removed.

aditio (a-dish-ee-oh), n. Hist. An outsider'S informal acceptance of heirship.

aditio hereditatis (a-dish-ee-oh ha-red-i-tay-tis). [Latin "entering on an inheritance"], Roman law. An heir's acceptance of an inheritance. - Also spelled aditio haereditatis. See CRETION.

adjacent adj. Lying near or close to, but not necessarily touching. Cf. AD10INING.

adject (a-jekt), vb. To annex or adjoin. adject, adj.

adjectio dominii per continuationem possessionis (a-jek-shee-oh da-min-ee-i par kan-tin-yoo-ay-shee-oh-nam pa-zes[h]-ee-oh-nis). [Latin] Roman law. The acquisition of the right to property ownership by continued possession .This acquisition is otherwise known as usucapio or acquisitive prescription. See USUCAPIO; adequate prescription under PRESCRIPTION.

adjective law See ADJECTIVE LAW.

adjective law (aj-ik-tiv). The body of rules governing procedure and practice; PROCEDURAL LAW. Also termed adjectival law. "The body of law in a State consists of two parts, substantive and adjective law. The former prescribes those rules of civil conduct which declare the rights and duties of all who are subject to the law. The latter relates to the remedial agencies and procedure by which rights are maintained, their invasion redressed, and the methods by which such results are accomplished in judicial tribunals." Edwin E.Bryant, The Law of Pleading Under the Codes of Civil Procedure 1 (2d ed. 1899).

adjoining owner See OWNER.

adjoining owner A person who owns land abutting another s; ABUTTER.

adjourn (a--jarn), vb. Parliamentary law. To end or postpone (a proceeding). Cf. RECESS (2). "A motion to recess suspends the current meeting until a later time; the unqualified motion to adjourn terminates the meeting. When an assembly reconvenes following a recess, it resumes the meeting at the point where it was interrupted by the motion to recess. When an assembly reconvenes following an adjournment, it begins an entirely new meeting, starting with the first step in the regular order of business." Alice Sturgis, The Standard Code of Parliamentary Procedure 76 (4th ed. 2001).

adjourn sine die (sl-nee [or sin-ay] dI-ee). [Latin "without date"], To end a deliberative assembly's or court's session without setting a time to reconvene. Also termed adjourn without day. See SINE DIE. Cf. RISE (4).

adjourn sine die- See ADJOURN.

adjourn to a day certain To end a deliberative assembly's or court's session while fixing a time for the next meeting. Also termed adjourn to a day and time certain;fix a day to which to adjourn.

adjourn without day See adjourn sine die.

adjournatur (aj-ar-nay-tar). [Latin], It is adjourned.o This word formerly appeared at the end of reported decisions.

adjourned meeting See MEETING.

adjourned term See TERM (5).

adjournment (a-jarn-mant), n. 1. The act of adjourning; specif., a putting off of a court session or other meeting or assembly until a later time. See ADJOURN.

adjournment day See DAY.

adjournment day- 1. The day on which an organization, such as a court or legislature, adjourns. 2. A later day appointed by the judges at regular sittings at nisi prius to try an issue of fact not then ready for trial.

adjournment day in error A day scheduled for completion of matters not finished on the affirmance day of the term.

adjournment day iu error See DAY.

adjournment sine die (a-jarn-mant si-nee [or sin-ay] dl-ee). The ending of a deliberative assembly's or court's session without setting a time to reconvene. Also termed adjournment without day. The term adjournment sine die (or adjournment without day) usually refers to the dose of a session of several meetings: (a) where the adjournment dissolves the assembly as in a series of mass meetings or in an annual or biennial convention for which the delegates are separately chosen for each convention; or (b) where, unless called into special session, the body will not be convened again until a time prescribed by the by laws or constitution as in the case of a session of a legislature." Henry M. Robert, Robert'S Rules of Order Newly Revised § 8, at 81 (10th ed. 2000).

adjourued See STAND ADJOURNED.

adjudge (a-jaj), vb. 1. ADJUDICATE (1). 2. To deem or pronounce to be. 3. To award judicially. Cf. ABJUDGE. 4. Scots law. (Of a creditor) to take a debtor's estate through adjudication. See ADJUDICATION (3). 5. To award (some or all of a debtor's estate) to a creditor.

adjudger 1. One who adjudges. 2. Scots law. An adjudging creditor.

adjudicataire (a-joo-di-ka-tair), n. Canadian law. One who buys property at a judicial sale.

adjudicate (a-joo-di-kayt), vb. 1. To rule upon judicially. 2. ADJUDGE (2). 3. ADJUDGE (3). Also termed judicate.

adjudicatee (a-joo-di-ka-tee). Civil law. A purchaser at a judicial sale.

adjudicatio A part of a formula in a partition action by which the judge aSSigned the parties real rights in their shares; specif., a part of a formula (Le., the praetor's statement of an issue for a judex) directing the judex to apportion property in a divisory action . Adjudicatio was used to apportion property in divisory actions such as actio de communi dividundo, actio familiae erciscundae, and actio finium regundorum. It was not part of the formula in any other type of action. See FORMULA (1).

adjudication (a-joo-di-kay-shan), n. 1. lhe legal process of resolving a dispute; the process of judicially deciding a case. 2. JUDGMENT.

adjudication hearing 1. Administrative law. An agency proceeding in which a person's rights and duties are decided after notice and an opportunity to be heard. See procedural due process under DL'E PROCESS. Cf. disposition hearing. 2. In child-abuse and neglect proceedings, the trial stage at which the court hears the state's allegations and evidence and decides whether the state has the right to intervene on behalf of the child. 3. In a juvenile-delinquency case, a hearing at which the court hears evidence of the charges and makes a finding of whether the charges are true or not true. Also termed adjudicatory hearing; adjudicatory proceeding .

adjudication withheld See deferred judgment under JUDGMENT.

adjudicatiou hearing See HEARING.

adjudicative (a-joo-di-ka-tiv), adj. 1. Of or relating to adjudication. 2. Having the ability to judge. Also termed adjudicatory; judicative.

adjudicative fact See FACT.

adjudicative fact- (a-joo-di-kay-tiv or -ka-tiv). A controlling or operative fact, rather than a background fact; a fact that concerns the parties to a judicial or administrative proceeding and that helps the court or agency determine how the law applies to those parties. For example, adjudicative facts include those that the jury weighs. Cf. legislative fact.

adjudicative law See CASELAW.

adjudicative-claims arbitration See ARBITRATION.

adjudicative-claims arbitration- Arbitration designed to resolve matters usu. handled by courts (such as a tort claim), in contrast to arbitration of labor issues, international trade, and other fields traditionally associated with arbitration.

adjudicator (a-joo-di-kay-tar). A person whose job is to render binding decisions; one who makes judicial pronounce- ments.

adjudicatory See ADJUDICATIVE.

adjudicatory hearing See adjudication hearing under HEARIC'lG.

adjudicatory hearing- (a-joo-di-ka-tor-ee). See adjudication hearing.

adjudicatory proceeding See adjudication hearing under HEARING.

adjudicatory proceeding See adjudication hearing under HEARING.

adjunct (aj-angkt), adj. Added as an accompanying object or circumstance; attached in a subordinate or temporary capacity <an adjunct professor>. - adjunct, n.

adjunct account An account that accumulates additions to another account.

adjunct account- See ACCOUNT.

adjunction (a-jangk-shan). 1. The act of adding to. 2. Civil law. The union of an item of personal property owned by one person with that owned by another. See ACCESSION (4).

adjunctum accessorium (a-jangk-tam ak-sa-sor-ee-am), n. [Law Latin], An accessory or appurtenance.

adjuration (aj-a-ray-shan), n. 1. The act of solemnly charging or entreating. 2. A swearing; a solemn oath.

adjure (a-juur), vb. To charge or entreat solemnly <the President adjured the foreign government to join the alliance>. - adjuration (aj-a-ray-shan), n. adjuratory (a-juur-a-tor-ee), adj - adjurer, adjuror (a-juur-ar), n.

adjust 1. To determine the amount that an insurer will pay an insured to cover a loss. 2. To arrive at a new agreement with a creditor for the payment of a debt.

adjustable-rate mortgage See MORTGAGE.

adjustable-rate preferred stock Preferred stock whose dividend is periodically changed according to changes in a benchmark interest rate, such as that of Treasury bills.

adjustable-rate preferred stock See STOCK.

adjusted basis See BASIS.

adjusted basis- Basis increased by capital improvements and decreased by depreciation deduc-tions. "[l]t is well to consider the word 'adjusted' in the term adjusted basis: Often, after property is acquired, certain adjustments (increases or decreases to the dollar amount of the original basis) must be made. After these adjust-ments, the property then has an 'adjusted basis.'" Michael D. Rose & John C. Chommie. Federal Income Taxation § 6.04, at 300 (3d ed. 1988).

adjusted book value See BOOK VALUE.

adjusted book value- The current actual value of an asset or liability as compared to the value when it was first acquired or incurred or when changes were previously updated.

adjusted cost basis See BASIS.

adjusted cost basis- Basis resulting from the original cost of an item plus capital additions minus depreciation deductions.

adjusted gross estate See ESTATE (3).

adjusted gross estate- 1. The total value of a decedent's property after subtracting administration expenses, funeral expenses, creditors' claims, and casualty losses. The value of the adjusted gross estate is used in computing the federal estate tax. Cf. net probate estate under PROBATE ESTATE. 2. See gross estate (1).

adjusted gross income See INCOME.

adjusted gross income- Gross income minus allowable deductions specified in the tax code. -Abbr. AGI.