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administrator c.t.a See administrator cum testamento annexo.

administrator cum testamento annexo (hm tes-ta-men-toh a-nek-soh). An administrator appointed by the court to carry out the provisions of a will when the testator has named no executor, or the executors named refuse, are incompetent to act, or have died before performing their duties. Also termed administrator c.t.a.; administrator with the will annexed.

administrator d.b.n See administrator de bonis non.

administrator de bonis non (dee boh-nis non). An administrator appointed by the court to administer the decedent's goods that were not administered by an earlier administrator or executor. If there is no will, the administrator bears the name administrator de bonis non (abbr. administrator d.b.n.), but if there is a will, the full name is administrator de bonis non cum testamento annexo (abbr. administrator d.b.n.c.t.a.).

administrator durante absentia (d[y]uu-ran-tee ab-sen-shee-a). An administrator appointed to act while an estate's executor or an administrator with precedence is temporarily absent.

administrator durante minore aetate (d[y]uu-ran-tee mi-nor-ee ee-tay-tee). An administrator who acts during the minority of a person who either is named by the testator as the estate's executor or would be appointed as the estate's administrator but for the person's youth.

administrator pendente lite See special administrator.

administrator with the will annexed See administrator cum testamento annexo.

administrator's deed A document that conveys property owned by a person who has died intestate.

administrator's bond See fiduciary bond under BOND (2).

administrator's bond- See fiduciary bond.

administrator's deed See DEED.

administratrix (ad-min-a-stray-triks or ad-min-a-stra-triks). Archaic. A female administrator. Pl.

administratrixes, administratrices See ADMINISTRATOR (2).

admiraIitas (ad-ma-ral-a-tas), n. [Law Latinl1. Admiralty; an admiralty court. 2. SOCIETAS NAVALIS.

admiral's mast See MAST (1).

admiralty (ad-ma-ral-tee), n. 1. A court that exercises jurisdiction over all maritime contracts, torts, injuries, or offenses. The federal courts are so called when exercising their admiralty jurisdiction, which is conferred by the U.S. Constitution (art. III, § 2, cI. 1). Also termed admiralty court; maritime court. 2. The system of jurisprudence that has grown out of the practice of admiralty courts; MARITIME LAW. 3. Narrowly, the rules governing contract, tort, and workers'-compensation claims arising out ofcommerce on or over navigable water. Also termed (in senses 2 & 3) admiralty law. admiralty, adj.

admiralty and maritime jurisdiction The exercise of authority over maritime cases by the U.S. district courts sitting in admiralty. See 28 USCA § 1333. Often shortened to admiralty jurisdiction; maritime jurisdiction. See ADMIRALTY (1); SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS.

Admiralty Clause The clause of the U.S. Constitution giving the federal courts jurisdiction over admiralty and maritime cases. U.S. Const. art. III, § 2,cl.1.]

admiralty court See ADMIRALTY (1).

admiralty court- See ADMIRALTY (1).

admiralty Extension Act A 1948 statute extending admiralty-tort jurisdiction to include all cases in which damage or injury is caused by a vessel on navigable water, regardless of where the injury or damage occurred. 46 USCA app. § 740. Specifically, the Act extended jurisdiction over damages and injuries that a vessel causes on land, such as to bridges and piers or to people on them. Abbr. AEA.

admiralty jurisdiction See ADMIRALTY AND MARITIME JURISDICTION.

admiralty law 1. See ADMIRALTY (2). 2. See ADMIRALTY (3).

Admiralty, First Lord See FIRST LORD OF THE ADMI RALTY.

admissibility (ad-mis-a-bil-a-tee), n. The quality or state of being allowed to be entered into evidence in a hearing, trial, or other official proceeding. "'Admissibility' can best be thought of as a concept consist· ing of two quite different aspects: disclosure to the trier of fact and express or implied permission to use as 'evidence.' If we think of admissibility as a question of disclosure or nondisclosure, it is usually easy to say whether or not an item of evidence has been admitted. When we consider the question of permissible use, the concept seems much more complex. In the first place, evidence may be 'admissible' for one purpose but not for another.... In the second place, questions of the permissible use of evidence do not arise only at the time of disclosure to the trier of fact. The court may have to consider admissibility in deciding whether to give the jury a limiting instruction, whether or not an opponent's rebuttal evidence is relevant, and whether or not counsel can argue to the jury that the evidence proves a particular point." 22 Charles Alan Wright & Kenneth W. Graham Jr., Federal Practice and Procedure § 5193, at 184 (1978).

admissible (ad-mis-a-bal), adj. 1. Capable of being legally admitted; allowable; permissible <admissible evidence>. 2. Worthy of gaining entry or being admitted <a person is admissible to the bar upon obtaining a law degree and passing the bar exam>.

admissible evidence See EVIDENCE.

admissible evidence- Evidence that is relevant and is of such a character (e.g., not unfairly prejudicial, based on hearsay, or privileged) that the court should receive it. Also termed competent evidence; proper evidence; legal evidence.

admission (ad-mish-an), n. 1. Any statement or assertion made by a party to a case and offered against that party; an acknowledgment that facts are true. Cf. CONFESSION.

admission against interest A person's statement acknowledging a fact that is harmful to the person's position, esp. as a litigant. An admission against interest must be made either by a litigant or by one in privity with or occupying the same legal position as the litigant; as an exception to the hearsay rule, it is admissible whether or not the person is available as a witness. Fed. R. Evid. 801(d)(2). A declaration against interest, by contrast, is made by a nonlitigant who is not in privity with a litigant; a declaration against interest is also admissible as an exception to the hearsay rule, but only when the declarant is unavailable as a witness. Fed. R. Evid. 804(b)(3). See declaration against interest under DECLARATION (6).

admission by employee or agent An admission made by a party-opponent's agent during employment and concerning a matter either within the scope of the agency or authorized by the party-opponent.

admission by party-opponent An opposing party's admission, which is not considered hearsay if it is offered against that party and is (I) the party's own statement, in either an individual or a representative capacity; (2) a statement of which the party has manifested an adoption or belief in its truth; (3) a statement by one authorized by the party to make such a statement; (4) a statement by the party's agent concerning a matter within the scope of the agency or employment and made during the existence of the relationship; or (5) a statement by a coconspirator of the party during the course of and in furtherance ofthe conspiracy. Fed. R. Evid. 80l(d)(2).

admission by silence The failure of a party to speak after another party's assertion of fact that, if untrue, would naturally compel a person to deny the statement.

admission in judicio See judicial admission.

admission on motion Permanent admission of a lawyer who is in good standing in the bar of a different state without the need for a full bar examination.

admission pro hac vice (proh hak vi-see or proh hak vee-chay). Temporary admission of an out-of-jurisdiction lawyer to practice bet ore a court in a specified case or set of cases. See PRO HAC VICE.

admission tax See TAX.

admission tax A tax imposed as part of the price of being admitted to a particular event.

admission to bail An order to release an accused person from custody after payment of bail or receipt of an adequate surety for the person's appearance for trial. See BAIL (1).

admission to practice law See ADMISSION (2).

admission to sufficient facts See SUBMISSION TO A FINDING.

admittance 1. The act of entering a building, locality, or the like. 2. Permission to enter. 3. Hist. The act of giving seisin of a copyhold estate . Admittance corresponded with livery of seisin ofa freehold. Copyhold estates were abolished by the Law of Property Act of 1922. See COPYHOLD.

admitted asset See ASSET.

admitted asset- An asset that by law may be included in evaluating the financial condition of an insurance company. Cf. nonadmitted asset.

admitted corporation See CORPORATION.

admitted corporation- A corporation licensed or authorized to do business within a particular state. Also termed qualified corporation; corporation qualified to do business.

admittendo clerico (ad-mi-ten-doh kler-a-koh). See DE CLERICO ADMITTENDO.

admittendo in socium (ad-mi-ten-doh in soh-shee-am). [Latin], Hist. A writ for associating certain persons, such as knights, to justices of assize on the circuit.

admixture (ad-miks-char). 1. The mixing of things. 2. A substance formed by mixing.

admonitio trina (ad-ma-nish-ee-oh trI-na), n. [Law Latin "triple warning"], Rist. A threefold warning advising a defendant charged with a capital crime that refusal to answer questions about the offense would in itself be considered a capital crime punishable by death. See PEINE FORTE ET DURE.

admonition (ad-ma-nish-an), n. 1. Anv authoritative advice or caution from the court t~ the jury regarding their duty as jurors or the admissibility of evidence for consideration <the judge's admonition that the jurors not discuss the case until they are charged>. 2. A reprimand or cautionary statement addressed to counsel by a judge <the judge's admonition that the lawyer stop speaking out of turn>. 3. Eccles. law. An authoritatively issued warning or censure. - admonish (ad-mon-ish), vb. admonitory (ad-mon-a-tor-ee), adj.

admortization (ad-mor-ta-zay-shan). Hist. The reduction of property oflands or tenements to mortmain.

adnepos (ad-nep-ohs), n. [Latin], Hist. A great-great grandson.

adneptis (ad-nep-tis), n. [Latin]. Hist. A great-great granddaughter.

adnihilare (ad-ni-ha-Iair-ee), vb. [Law Latin] Hist. To annul; to make void.

adnotatio (ad-noh-tay-shee-oh), n. [Latin]. Roman law. A note written in the margin of a document; esp., the reply of the emperor in his own hand to a petition addressed to him. See RESCRIPT (3). PI. adnotationes (ad-noh-tay-shee-oh-neez).

adoptability 1. A child's availability to be adopted, esp. by reason ofall legal impediments having been removed. 2. The likelihood of a child's being adopted; a prospective adoptee's desirability from the prospective parents' point of view. adoptable, adj.

adopted child See CHILD.

adopted child- A child who has become the son or daughter of a parent or parents by virtue oflegal or equitable adoption; ADOPTEE. See ADOPTION.

adoptee A person who has become the legal child of one or two non biological parents. Also termed adopted child.

adoption 1. Family law. The creation of a parent-child relationship by judicial order between two parties who usu. are unrelated; the relation of parent and child created by law between persons who are not in fact parent and child. This relationship is brought about only after a determination that the child is an orphan or has been abandoned, or that the parents' parental rights have been terminated by court order. Adoption creates a parent-child relationship between the adopted child and the adoptive parents with all the rights, privileges, and responsibilities that attach to that relationship, though there may be agreed exceptions. Adoption is distinguishable from legitimation and from fosterage. Adoption usu. refers to an act between persons unrelated by blood; legitimation refers to an act between persons related by blood. Universally, a decree of adoption confers legitimate status on the adopted child. Adoption is permanent; fosterage is a temporary arrangement for a child's care. See adopted child,foster child under CHILD. Cf. LEGITIMATION (2); FOSTER CARE (1). "Although adoption is found in many societies, ancient and modern, primitive and civilized, and is recognized by the civil law, it was unknown at common law. Accordingly, adoption is entirely a creature of statute ...." Elias Clark et aI., Gratuitous Transfers: Wills, Intestate Succession, Trusts, Gifts, Future Interests, and Estate and Gift Taxation Cases and Materials 73~74 (4th ed. 1999).

adoption agency A licensed establishment where a biological parent can voluntarily surrender a child for adoption.See agency adoption under ADOPTION.

Adoption and Safe Families Act A 1997 federal law that requires states to provide safe and permanent homes for abused and neglected children within shorter periods than those required by earlier state and federal laws . The primary focus is on the safety and well-being of the child, in contrast to the previously paramount rights of the parents. The ASFA signaled a dramatic shift in the philosophy of child-protection proceedings that had controlled since 1980 under the Adoption Assistance and Child Welfare Act. Abbr. ASFA. See ADOPTION ASSISTANCE AND CHILD WELFARE ACT; FOSTER-CARE DRIFT.

Adoption Assistance and Child Welfare Act A 1980 federal statute whose purpose was to force states to use reasonable efforts (1) to avoid removing children from their homes, (2) to reunite families when children had been removed because of abuse or neglect, and (3) when reunification failed, to terminate parental rights and place the children in permanent homes. 42 USCA §§ 620 et seq.; §§ 670 et seq .o The Act provided funds for foster-care placement, Child Protective Services, family preservation and reunification, and fostercare reform to states complying with the Act. Its aim was to prevent the unnecessary removal of children from homes and to hasten the return of children in foster care to their families. It has now been essentially overruled in philosophy by the 1997 enactment of the Adoption and Safe Families Act. See ADOPTION AND SAFE FAMILIES ACT.

adoption by estoppel 1. An equitable adoption of a child by one who promises or acts in a way that precludes the person and his or her estate from denying adopted status to the child. 2. An equitable decree of adoption treating as done that which ought to have been done. Such a decree is entered when no final decree of adoption has already been obtained, even though the principal has acted as if an adoption has been achieved. A petitioner must show an agreement of adoption, relinquishment of parental authority by the child's biological parents, assumption of parental responsibility by the foster parents, and a de facto relationship of parent and child over a substantial period. Such a claim typically occurs when an adoptive parent has died intestate, and the child tries to be named an heir. In a minority of states, adoption by estoppel may be a basis for allowing a child to participate in a wrongful-death action. Also termed equitable adoption; virtual adoption. See ESTOPPEL (1). 3. See de facto adoption.

adoption by estoppel- See ADOPTION (1).

adoption by reference See INCORPORATION BY REFER ENCE (1).

adoption by will Roman law.A posthumous adoption effected by a testator's written statement declaring the intention to adopt and naming the person adopted. The only legal effect ofsuch an adoption was to entitle the adopted person to assume the testator's family name and be regarded as the testator's child. Because the adopted person was never subject to the testator's legal control (patria potestas), the person could not acquire agnatic rights or make a claim on the estate beyond any specific testamentary grants.

adoption by- will See ADOPTION.

adoption-assistance plan An employer-sponsored program that provides financial assistance to employees for adoption-related expenses.

adoption-registry statute A law that provides for the release of adoption information if the biological parent, the adoptive parent, and the adoptee (after he or she reaches a certain statutorily prescribed age) all officially record their desire for its release. Also termed voluntary-registry law.

adoptive admission An action by a party that indicates approval of a statement made by another, and thereby acceptance that the statement is true.

adoptive admission- See ADMISSION (1).

adoptive father See adoptive parent under PARENT.

adoptive father- See adoptive parent under PARENT.

adoptive mother See adoptive parent under PARENT.

adoptive parent A parent by virtue of legal adoption. See ADOPTION (1).

adoptive parent See PARENT.

adoptive-admissions rule The principle that a statement offered against an accused is not inadmissible hearsay if the accused is aware of the statement and has, by words or conduct, indicated acceptance that the statement is true. See adoptive admission under ADMISSION (1).

adpromission (ad-pra-mish-an). [fr. Latin adpromissio]. Roman law. 1. A suretyship contract in which the surety promises to be liable for no more than the debtor owes. Roman law had three types of adpromission: (1) sponsion; (2) fidepromission; and (3) fidejussion. In addition, mandatum and pactum de constitutio could indirectly be used by way of guarantee. 2. A suretyship relation. Also termed adpromissio.

adpromissor (ad-prom-is-ar), n. [Latin] Roman law. A surety for a debtor under a promise by stipulation. See ADPROMISSION.

adr abbr. 1.ALTERNATIVE DISPUTE RESOLUTION. 2. ASSET-DEPRECIATION RANGE. 3. AMERICAN DEPOSI TORY RECEIPT.

adrectare (ad-rek-tair-ee), vb. [Law Latin]. Hist. To do right; to satisfy.

adrogate (ad-roh-gayt), vb. Roman law. (Of a man) to adopt a son or daughter who is not already under another father's power (patria potestas) . Daughters became eligible for adoption in the later Empire.

adrogation (ad-roh-gay-shan), n. [fr. Latin arrogatio (a-roh-gay-shee-oh)]. Roman law. An adoption of a person of full capacity (sui juris) into another family. Also termed adrogatio (ad-roh-gay-shee-oh). Cf. ADOPTION (3). adrogate, vb, "When the person to be adopted was suijuris, and not in the power of a paterfamilias, the ceremony of adoption was called adrogatio." Lord Mackenzie, Studies in Roman Law 132 Uohn Kirkpatrick ed., 7th ed. 1898).

ADS abbr. See AMERICAN DEPOSITARY SHARE.

ads- abbr, AD SECTAM.

adscendentes (ad-sen-den-teez), n. pi. [Latin]. Civil law. Ascendants,

adscripti glebae (ad-skrip-tI glee-bee), n. [Latin "(tenants) tied to the soW] Roman law. Tenants or serfs bound to the land. If the land was conveved, the serfs were conveyed along with it. Also termed glebae ascriptitii.

adscriptitius (ad-skrip-tish-ee-as), n. [Latin]. Roman law. 1. A supernumerary citizen or soldier. 2. A tenant bound to the land. Also spelled adscripticius; ascripticius.

adscriptus (ad-skrip-tas), adj. [Latin]. Roman law. 1. Added, annexed, or bound by or in writing; enrolled or registered. 2. Bound, as in servus colonae adscripIus (a tenant bound to an estate as a cultivator) or fundus adscriptus (an estate bound to or burdened with a duty). - Also spelled ascriptus; ascriptitius. See ADSCRIPTUS GLEBAE.

adscriptus glebae (ad-skrip-tas glee-bee). [Latin "(a tenant) tied to the soil"] Roman law. A tenant or serf bound to the land. If the land was conveyed, the serfs were conveyed along with it, but in other respects they were free citizens. Also termed glebae ascriptitius. PI. adscripti glebae.

adsessor (ad-ses-ar), n. [Latin] 1. Roman law. A legally qualified assistant or adviser to a judge. 2. Hist. Assessor. This was a title of a master in chancery. Also spelled assessor.

adsm abbr. AD SECTAM.

adstipulator (ad-stip-ya-Iay-tar), n, [Latin] Roman law. An additional party to a contract who could enforce the contract along with the principal (i.e., the stipulator) . An adstipulator who enforced an agreement would have to, in turn, pay the stipulator. An adstipulator was brought in to avoid the rule that a person could not directly stipulate for payment after death.

adult (e-dalt or ad-alt), n. A person who has attained the legal age of majority, generally 17 in criminal cases and 18 for other purposes. Also termed major. Cf. MINOR (1). adult (a-dalt), adj.

adult adoption The adoption of one adult by another. Many jurisdictions do not allow adult adoptions. Those that do often impose restrictions, as by requiring consent of the person to be adopted, but may not look too closely at the purpose for which adoption is sought.

adult adoption- See ADOPTION.

adult correctional institution See PRISON.