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adjusted ordinary gross income See INCOME.

adjusted ordinary gross income- A corporation's gross income less capital gains and certain expenses. The IRS uses this calculation to determine whether a corporation is a personal holding company. If 60% or more of a corporation's AOGI consists of certain passive investment income, the company has met the test for personal-holding-company c1assification.IRC (26 USCA) § 543(b). Abbr. AOGI. See personal holding company under COMPANY.

adjusted present value See PRESENT VALUE.

adjusted present value An asset s value determined by adding together its present value and the value added by capital-structure effects. - Abbr. APV.

adjuster One appointed to ascertain, arrange, or settle a matter; esp., an independent agent or employee of an insurance company who investigates claimed losses, and negotiates and settles claims against the insurer. Also termed claims adjuster.

adjusting entry An accounting entry made at the end of an accounting period to record previously unrecognized revenue and expenses, as well as changes in assets and liabilities.

adjustment board An administrative agency charged with hearing and deciding zoning appeals. Also termed board of adjustment; board of zoning appeals.

adjustment bond See BOND (3) .

adjustment bond- A bond issued when a corporation is reorganized. Also termed reorganization bond.

adjustment of status Immigration law.The changing of an alien's classification from nonimmigrant or parolee (temporary) resident to immigrant (permanent) resident. This is a technical term used only in United States immigration filings. Cf. 245(1) WAIVER.

adjustment security See SECURITY.

adjustment security A stock or bond that is issued during a corporate reorganization. The security holders relative interests are readjusted during this process.

adjutant general (aj-a-tant), n. (usu. cap.), 1.The administrative head of a military unit having a general staff. 2. An officer in charge of the National Guard of a state.

adlegiare (ad-lee-jee-air-ee), vb. [Law Latin], To purge (oneself) of a crime by oath. See PURGATION.

admanuensis (ad-man-yoo-en-sis), n. [Law Latin fro Latin ad- + manus "a hand"], Hist. An oath-taker who places a hand on the Bible. Cf. AMANUENSIS.

admeasurement (ad-mezh-ar-mant), n. 1. Ascertainment, assignment, or apportionment by a fixed quantity or value, or by certain limits <the ship's admeasurement is based on its crew, engine, and capacity>. 2. A writ obtained for purposes of ascertaining, assigning, or apportioning a fixed quantity or value or to establish limits; esp., a writ available against persons who usurp more than their rightful share of property. admeasure (ad-mezh-ar), vb.

admeasurement of dower A writ available to an heir (or the heir's guardian if the heir is an infant) to reduce the dower of the ancestor's widow who, while the heir was an infant, was assigned more dower than she was entitled to. Also termed admensuratione dotis. "If the heir or his guardian do not assign her dower within the term of quarantine, or do assign it unfairly, she has her remedy at law, and the sheriff is appointed to assign it. Or if the heir (being under age) or his guardian assign more than she ought to have, it may be afterwards remedied by writ of admeasurement of dower." 2 William Blackstone, Commentaries on the Laws of England 136 (1766).

admeasurement of pasture A writ against a person whose cattle have overgrazed a commonpasture.

admensuratio (ad-men-sha-ray-shee-oh), n. [Law Latin], Hist. Admeasurement.

admensuratione dotis See admeasurement of dower under ADMEASUREMENT.

adminicle (ad-min-i-kal), n. 1. Corroborative or explanatory proof. 2. Scots law. A writing that tends to establish the existence or terms of an otherwise unavailable document, such as a lost will or deed. Also termed adminiculum.

adminicular (ad-ma-nik-ya-Iar), adj. Corroborative or auxiliary <adminicular evidence>.

adminicular evidence See EVIDENCE.

adminicular evidence- Corroborating or auxiliary evidence presented for the purpose of explaining or completing other evidence.

adminiculate (ad-ma-nik-ya-layt), vb. Scots law. To give corroborating evidence.

adminiculum (ad-ma-nik-ya-lam), n. [Latin "support"], Roman law. Legal or evidentiary means of supporting one's case; ADMINICLE.

administration 1. The management or performance of the executive duties of a government, institution, or business. 2. In public law, the practical management and direction of the executive department and its agencies. 3. A judicial action in which a court undertakes the management and distribution of property. Examples include the administration of a trust, the liquidation of a company, and the realization and distribution of a bankrupt estate. See JOINT ADMINISTRATION. 4. 1he management and settlement of the estate of an intestate decedent, or of a testator who has no executor, by a person legally appointed and supervised by the court. - Administration ofan estate involves realizing the movable assets and paying out of them any debts and other claims against the estate. It also involves the division and distribution of what remains. - administer, vb. administrative, adj.

administration bill A bill drafted and submitted by the executive branch.

administration cum testamento annexo (kam tes-ta-men-toh a-nek-soh). [Latin "with the will annexed"), An administration granted when (1) a testator's will does not name any executor or when the executor named is incompetent to act, is deceased, or refuses to act, and (2) no successor executor has been named or is qualified to serve. Abbr. c.t.a. - Also termed administration with the will annexed.

administration de bonis non (dee boh-nis non). [Latin of the goods not administered"], An administration granted for the purpose of settling the remainder of an intestate estate that was not administered by the former administrator. Abbr. d.b.n.

administration de bonis non cum testamento annexo (de boh-nis non kam tes-ta-men-toh-a-nek-soh). An administration granted to settle the remainder of a testate estate not settled by a previous administrator or executor. This type of administration arises when there is a valid will, as opposed to an administration de bonis non, which is granted when there is no will Abbr. d.b.n,c.t.a.

administration durante absentia (d[y]uu-ran-tee ab-sen-shee-a). An administration granted during the absence of either the executor or the person who has precedence as administrator.

administration durante minore aetate (d[y]uu-ran-tee mi-nor-ee ee-tay-tee). An administration granted during the minority of either a child executor or the person who has precedence as administrator.

administration expense Tax. A necessary expenditure made by an administrator in managing and distributing an estate . These expenses are tax-deductible even if not actually incurred by the time the return is filed.

Administration for Children and Families A unit in the U.S. Department of Health and Human Services responsible for health, economic, and social well-being issues involving children and families, refugees, legalized aliens, and people with developmental disabilities. - Abbr. ACF.

administration hill See BILL (3).

administration letters See LETTERS OF ADMINISTRATION.

administration of justice The maintenance of right within a political community by means of the physical force of the state; the state's application of the sanction of force to the rule of right.

Administration on Aging A unit in the U.S. Department of Health and Human Services responsible for promoting the welfare of the elderly, often in collaboration with governmental agencies that provide services to the elderly and to caregivers of the elderly.

administration pendente lite (pen-den-tee Ii-tee). An administration granted during the pendency of a suit concerning a will's validity. Also termed pendente lite administration; special administration. See PENDENTE LITE.

administration pendente lite- See ADMINISTRATION.

administration with the will annexed See administration cum testamento annexo.

administration with the will annexed- See administra tion cum testamento annexo under ADMINISTRATION.

Administrative Domain-Name Challenge Panel Trademarks. A board of experts convened under the auspices of the World Intellectual Property Organization to decide Internet domain-name disputes. -Abbr. ACP.

administrative act An act made in a management capacity; esp., an act made outside the actor's usual field (as when a judge supervises court personnel). An administrative act is often subject to a greater risk of liability than an act within the actor's usual field. See IMMUNITY (1).

administrative act- See ACT.

administrative adjudication The process used by an administrative agency to issue regulations through an adversary proceeding. Cf. RULEMAKING.

administrative agency See AGENCY (3).

administrative collateral estoppel See COLLATERAL ESTOPPEL.

administrative collateral estoppel- Estoppel that arises from a decision made by an agency acting in a judicial capacity.

administrative collateral estoppel, See COLLATERAL ESTOPPEL.

Administrative Conference of the United States A former independent federal agency that provided a forum where agency heads, private attorneys, university professors, and others studied ways to improve the procedures that agencies use in administering federal programs. It was abolished in 1995. Abbr. ACUS.

administrative crime See CRIME.

administrative crime- An offense consisting ofa violation of an administrative rule or regulation that carries with it a criminal sanction.

administrative deviation A trustee's unauthorized departure from the terms of the trust.

administrative discharge See DISCHARGE (8).

administrative discharge- A military-service discharge given by administrative means and not by court-martial.

administrative discretion See DISCRETION (4).

administrative discretion- A public official's or agency's power to exercise judgment in the discharge of its duties.

administrative expense 1.OVERHEAD. 2. Bankruptcy. A cost incurred by the debtor, after filing a bankruptcy petition, that is necessary for the debtor to continue operating its business . Administrative expenses are entitled to payment on a priority basis when the estate is distributed. 11 USCA § 503(b). See general administrative expense under EXPENSE.

administrative expense- See general administrative expense.

administrative freeze Bankruptcy. The refusal by a debtor's bank to permit withdrawals from the debtor's bank account after the bank learns that the debtor has filed bankruptcy, usu. because the debtor owes money to the bank in addition to maintaining funds on deposit.

administrative hearing An administrative-agency proceeding in which evidence is offered for argument or trial.

administrative interpretation See INTERPRETATION.

administrative interpretation An interpretation given to a law or regulation by an administrative agency.

administrative law The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies with the legislature, the executive, the judiciary, and the public . Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating to those powers; (2) the body of agency-made law, consisting of administrative rules, regulations, reports, or opinions containing findings of fact, and orders; and (3) the legal principles governing the acts of public agents when those acts conflict with private rights. "Administrative law deals with the field of legal control exercised by law·administering agencies other than courts, and the field of control exercised by courts over such agencies'" Felix Frankfurter, The Task of Administrative Law, 75 U. Pa. L. Rev. 614, 615 (1927). "[A]dministrative law is to labor law, securities regulation, and tax what civil procedure is to contracts, torts, and commercial law. Administrative law studies the way govern· ment institutions do things. It is therefore the procedural component to any practice that affects or is affected by government decision makers other than just the courts. Its study goes beyond traditional questions; it explores a variety of procedures and it develops ideas about decision· making and decisionmakers"· 1 Charles H. Koch, Adminis· trative Law and Practice § 1.2, at 2 (2d ed. 1997).

Administrative Office of the United States Courts An office in the judicial branch of the federal government responsible for administering the nonjudicial business of the federal courts (except the Supreme Court), disbursing funds, collecting statistics, fixing certain salaries, and purchasing supplies and equipment. Created in 1939 the Office is supervised by the Judicial Conference of the United States. 28 USCA §§ 601 et seq. - Abbr. AOUSC; AO. See JUDICIAL CONFERENCE OF THE UNITED STATES.

administrative officer I. An officer of the executive department of government, usu. of inferior rank. 2. A ministerial or executive officer, as distingUished from a judicial officer. 3. Family law. An official, other than a judge, who is appointed to preside over child support matters. See CHILD-SUPPORT-ENFORCEMENT AGENCY. Cf. MASTER (2); JUDGE.

administrative officer See OFFICER (1).

administrative order 1. An order issued by a government agency after an adjudicatory hearing. 2. An agency regulation that interprets or applies a statutory provision. Administrative Law and Procedure

administrative order See ORDER (2).

administrative patent judge See JUDGE.

administrative patent judge A U.S. Patent and Trademark Office adjudicator charged with conducting interference and appeal proceedings. Abbr. APJ.

Administrative Procedure Act 1. A federal statute establishing practices and procedures to be followed in rulemaking and adjudication. The Act was designed to give citizens basic due-process protections such as the right to present evidence and to be heard by an independent hearing officer. 2. A similar state statute. - Abbr. APA.

administrative proceeding A hearing, inquiry, investigation, or trial before an administrative agency, usu. adjudicatory in nature but sometimes quasi-legislative. Also termed evidentiary hearing;full hearing; trial-type hearing; agency adjudication.

administrative proceeding See ADMINISTRATIVE PROCEEDING.

administrative process 1.The procedure used before administrative agencies. 2. The means of summoning witnesses to an agency hearing.

administrative remedy See REMEDY.

administrative remedy A nonjudicial remedy provided by an administrative agency. Ordinarily, if an administrative remedy is available, it must be exhausted before a court will hear the case. See EXHAUSTION OF REMEDIES.

administrative review See REVIEW.

administrative review 1. Judicial review of an administrative proceeding. 2. Review of an administrative proceeding within the agency itself.

administrative rule An officially promulgated agency regulation that has the force of law. Administrative rules typically elaborate the requirements of a law or policy.

administrative rulemaking See RULEMAKING.

administrative search See SEARCH.

administrative search A search of public or commercial premises carried out by a regulatory authority to enforce compliance with health, safety, or security regulations. -The probable cause required for an administrative search is less stringent than that required for a search incident to a criminal investigation. - Also termed regulatory search; inspection search.

administrative search warrant See administrative warrant under WARRANT (1).

administrative subpoena See SUBPOENA.

administrative subpoena A subpoena issued by an administrative agency to compel an individual to provide information to the agency. The subpoena may take the form of a subpoena ad testificandum or a subpoena duces tecum.

administrative tribunal An administrative agency before which a matter may be heard or tried, as distinguished from a purely executive agency; an administrative agency exercising a judicial function.

administrative warrant See WARRANT (1).

administrative-control rule The rule making the grantor of a trust liable for tax if the grantor retains control that may be exercised primarily for the grantor's own benefit. IRC (26 USCA) § 675.

administrative-convenience exception Bankruptcy. A provision permitting a bankruptcy plan to have a separate classification for small, unsecured claims, to the extent that the separate classification will assist in a more efficient disposition of the estate, as by paying or eliminating the small claims earlier than other claims. 11 USCA § 1122(b).

administrative-law judge An official who presides at an administrative hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations. 5 USCA § 556(c). Abbr. ALJ. Also termed hearing examiner; hearing officer; trial examiner.

administrative-law judge See ADMINISTRATIVE-LAW JUDGE.

administrator (ad-min-a-stray-tar). 1. A person who manages or heads a business, public office, or agency.

administrator ad colligendum (ad kol-i-jen-dam). An administrator appointed solely to collect and preserve the decedent's estate. Also termed administrator ad colligendum bona.

administrator ad colligendum- See ADMINISTRATOR (2).

administrator ad colligendum bona See ADMINISTRATOR (2).

administrator ad litem (ad Ii-tem or -tam). A special administrator appointed by the court to represent the estate's interest in an action usu. either because there is no administrator of the estate or because the current administrator has an interest in the action adverse to that of the estate.

administrator ad prosequendum (ad prahs-a-kwe-dam). An administrator appointed to prosecute or defend a certain action or actions involving the estate.