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advisory jury A jury empaneled to hear a case when the parties have no right to a jury trial. See Fed. R. Civ. P. 39(c). The judge may accept or reject the advisory jury"s verdict.

advisory Office action An office action in which the patent examiner replies to an applicant s response following final rejection of the application. An advisory action addresses the status of an amendment made in the applicant s response to the final rejection, indicates the status of the claims for appeal, addresses an affidavit or exhibit, or responds to a request for reconsideration. Also termed advisory action.

advisory office action See OFFICE ACTION.

advisory opinion See OPINION (1).

adVisory opinion 1. A nonbinding statement by a court of its interpretation of the law on a matter submitted for that purpose. Federal courts are constitutionally prohibited from issuing advisory opinions by the case-or-controversy requirement, but other courts, such as the International Court of Justice, render them routinely. See CASE-DR-CONTROVERSY REQUlREMENT. 2. A written statement, issued only by an administrator of an employee benefit plan, that interprets ERISA and applies it to a specific factual situation. Only the parties named in the request for the opinion can rely on it, and its reliability depends on the accuracy and completeness of all material facts.

advocacy 1.The work or profession of an advocate. 2. 1he act of pleading for or actively supporting a cause or proposal.

advocare (ad-va-kair-ee), vb. [Law Latin) 1. To advocate, defend, or protect. 2. To acknowledge or admit openly, as to acknowledge paternity of a child (advocare filium).

advocassie (ad-va-ka-see), n. [Law French] Advocacy.

advocata (ad-va-kay-ta), n. [Law Latin] Hist. A patroness; a woman holding the right to present to a church.

advocate (ad-va-kit), n. 1. A person who assists, defends, pleads, or prosecutes for another.

Advocate General Scots law. An officer appointed under the Scotland Act of 1998 to advise the British government on Scotland and to represent it in court.

advocate of the faith Eccles. law. Counsel for the prosecution in a heresy trial.

advocate-depute Scots law. One of a number of advocates appointed by the Lord Advocate to prosecute criminal cases in his or her name.

advocate's bias See BIAS.

advocate's bias- The bias that attorneys often develop in favor of a client involved in a dispute and that may potentially cause such missteps as overlooking certain arguments or misjudging the way facts or cases may appear to a dispassionate outsider.

advocate-witness rule See LAWYER-WITNESS RULE.

advocati ecclesiae (ad-va-kay-ti e-klee-z[h]ee-ee), n. pl. [Latin "church advocates"]. Hist. Eccles. law. 1. Church patrons who had a right to present a clerk to a benefice. See ADVOWSON. 2. Legal advocates retained to argue cases relating to a church.

advocatio (ad-va-kay-shee-oh), n. [Law Latin]. Hist. 1. An inferior's management of a business for a superior. 2. The defense of a religious establishment. 3. ADVOWSON. 4. Civil law. The quality, function, privilege, office, or service of an advocate; legal assistance.

advocation (ad-va-kay-shan), n. Scots law. The removal of a criminal case from a lower court to the High Court of Justiciary for verdict.

advocatione decimarum (ad-va-kay-shee-oh-nee des-a-mair-am), n. [Law Latin] Hist. A writ to collect a tithe belonging to the church.

advocator (ad-voh-kay-tar), n. [Law Latin]. 1. A person who calls on another to warrant a title. 2. A warrantor. 3.The patron of a benefice.

advocatus (ad-voh-kay-tas). [Latin "advocate"]. 1. Roman law. A legal adviser; a person who assists clients with cases before judicial tribunals. Cf. CAUSIDICUS. 2. Hist. The patron 'who has an advowson. Also termed advowee; avowee. See ADVOWSO:N. 3. Hist. A person called on by another to warrant a title.

advocatus diaboli (ad-voh-kay-tas di-ab-a-li), n. [Latin "devil's advocate"). Eccles. law. An official who argues against a person's beatification or canonization.

advocatus ecdesiae (ad-va-kay-tas e-klee-z[h]ee-ee). [Law Latin]. Hist. Eccles. law. The patron of a benefice.

advocatus fisci (ad-voh-kay-tas fisk-i). [Latin]. Roman law. An official responsible for representing the emperor in cases involving the public fisc.

advoutrer (ad-vow-trar), n. [Law French]. Hist. An adulterer. Also termed advouter; advouterer; advoutre.

advoutry (ad-vow-tree), n. [Law French] Hist. Adultery between two married persons. Also spelled advowtry.

advowee (ad-vow-ee). A patron who holds an advowson; ADVOCATUS (2). Also spelled avowee.

advowee paramount The sovereign, or highest patron.

advowson (ad-vow-zan). Eccles. law. Ihe right of presenting or nominating a person to a vacant benefice in the church. The person enjoying this right is called the "patron" (patron us) of the church, and was formerly termed "advocatus:' the advocate or defender, or in English, the "advowee." The patron presents the nominee to the bishop (or, occasionally, another church dignitary). If there is no patron, or ifthe patron neglects to exercise the right within six months, the right lapses and a title is given to the ordinary (usu. the bishop) to appoint a cleric to the church. Cf. PRESENTATION (2); INSTITUTION (5). "A right of presentation has always been regarded as a valuable object of a sale, a species of real property which can be transferred and dealt with generally in the same way as a fee simple estate in lands .... Thus an advowson may be conveyed away in fee simple, fee tail, for life or years, or the conveyance may be limited to the right of next presentation or of a specified number of future presentations." G.c. Cheshire, Modern Law of Real Property 1l 0 (3d ed. 1933). "An advowson is the perpetual right of presentation to an ecclesiastical living. The owner of an advowson is known as the patron. When a living becomes vacant, as when a rector or vicar dies or retires, the patron of the living has a right to nominate the clergyman who shall next hold the living. Subject to a right of veto on certain specified grounds, the Bishop is bound to institute (formally appoint) any duly qualified person presented. This is a relic of the days when it was common for the lord of a manor to build and endow a church and in return have the right of patronage." Robert E. Megarry & P.V. Baker, A Manual of the Law of Real Properev 414 (4th ed. 1969).

advowson appendant (a-pen-dant). An advowson annexed to a manor, and passing as incident to it, whenever the manor is conveyed to another. The advowson passes with the manor even ifit is not mentioned in the grant.

advowson collative (ka-Iay-tiv). An advowson for which there is no separate presentation to the bishop because the bishop happens to be the patron as well. In this case, the one act by which the benefice is conferred is called "collation

advowson donative (don-a-tiv or doh-na-tiv). An advowson in which the patron has the right to put a cleric in possession by a mere gift, or deed ofdonation, without any presentation to the bishop. This type of advowson was converted into the advowson presentative by the Benefices Act of 1898. Also termed donative advowson. "An advowson donative is when the king, or any subject by his licence, doth found a church or chapel, and ordains that it shall be merely in the gift or disposal of the patron; subject to his visitation only, and not to that of the ordinary; and vested absolutely in the clerk by the patron's deed of donation, without presentation, institution, or induction. This is said to have been anciently the only way of conferring ecclesiastical benefices in England; the method of institution by the bishop not being established more early than the time of archbishop Becket in the reign of Henry 11." 2 William Blackstone, Commentaries on the Laws of England 23 (1766).

advowson in gross An advowson that is separated from the manor and annexed to a person. All advowsons that have been separated from their original manors are advowsons in gross.

advowson presentative (pri-zen-ta-tiv). The usual kind of advowson, in which the patron has the right to make the presentation to the bishop and to demand that the nominee be instituted, if the bishop finds the nominee canonically qualified.

aea abbr. See ADMIRALTY EXTENSION ACT.

aedes (ee-deez), n. [Latin]. Roman law. A building; esp., a temple (aedes sacra).

aedificare (ee-da-fi-kair-ee), vb. [Latin]. Roman law. To erect a building.

aedile (ee-dil). Roman law. A magistrate charged with policing the city, managing public buildings and services, supervising markets, and arranging public games. Also spelled edile.

aedilitium edictum (ee-da-lish-ee-am ee-dik-tam). See edictum aedilicium under EDICTUM.

aegrotus (ee-groh-tas), adj. [Latin]. Sick; indisposed by illness.

aemulationis causa (ee-mya-Iay-shee-oh-nis kaw-za). [Latin] Hist. For the purpose of rivaling or annoying.

aenum See ordeal by water (2) under ORDEAL.

aequitas (ek-wa-tas or-ee-kwa-tas), n. [Latin]. Roman law. Equity, as opposed to jus strictum or jus summum.

aequus (ee-kwas), adj. [Latin]. Equal; even. A provision in a will, for example, might divide the residuary estate ex aequis (the adverbial form) among the legatees.

aerarium (i-rair-ee-am), n. [Latin fr. aes "money"]. Roman law. The treasury of the Roman Republic. See FISCUS.

aes (eez),n. [Latin]. Roman law. 1. Copper. 2. Money, of whatever metal.

aes alienum (eez ay-Iee-ee-nam or al-ee-), n. [Latin "another's money"]. Roman law. Money owed to another; borrowed money.

aes suum (eez s[y]oo-am), n. [Latin "one's own money"]. Roman law. Money lent to a borrower.

aesnecia (ees-neesh-ee-a). [Law Latin]. See ESNECY.

aesthetic functionality See FUNCTIONALITY.

aesthetic functionality- A doctrine that denies protection to the design of a product or its container when the design is necessary to enable the product to function as intended.

aesthetic zoning See ZONING.

aestimatio (es-ta-may-shee-oh). [Latin]. Roman law. An agreement by which the owner of goods handed them over to another person with the understanding that the other would sell what he could for the most he could get, paying the owner an agreed price for whatever goods sold and returning the others. PI. aestimationes (es-ta -may-shee-oh-neez).

aetas (ee-tas), n. [Latin]. Roman law. Age.

aetas infantiae proxima (ee-tas in-fan-shee-ee prok-sa-ma), n. [Latin] Roman law. The first part of the period of childhood between infancy (up to 7 years) and puberty (12 to 14 years); esp., for males, the period between 7 and 1O 1/2 years of age. Cf. AETAS PUBERTATI PROXIMA; PUERITIA.

aetas legitima (ee-tas la-jit-a-ma), n. [Latin]. Roman law. Lawful age.

aetas perfecta (ee-tas par-fek-ta), n. [Latin]. Roman law. Complete age; the age of majority.

aetas prima (ee-tas pri-ma), n. [Latin]. Roman law. First age. See INFANTIA.

aetas pubertati proxima (ee-tas pyoo-bar-tay-ti prok-sa-ma), n. [Latin]. Roman law. The second period of childhood, (for males) from 10% to 14 years of age. Cf. AETAS INFANTIAE PROXIMA; PUERITIA.

aetate probanda (ee-tay-tee proh-ban-da). See DE AETATE PROBANDA.

af of am abbr. AMERICAN FEDERATION OF MUSICIANS.

afdc abbr. AID TO FAMILIES WITH DEPENDENT CHILDREN.

aff,d abbr. Affirmed.

affect 1. Most generally, to produce an effect on; to influence in some way. 2. Civil law. To pledge (property or revenues) as security for a loan; HYPOTHECATE. 3. Scots law. To seize (debtor's property, etc.).

affectation doctrine See AFFECTS DOCTRINE.

affecting commerce (Of an industry, activity, etc.) touching or concerning business, industry, or trade; esp., under the Labor- Management Relations Act, burdening or obstructing commerce, or having led or tending to lead to a labor dispute that burdens or obstructs the free flow of commerce. 29 USCA $ 152(7).

affection 1. Fond attachment, devotion, or love <alienation of affections>. 2. Hist. The pawning or mortgaging of a thing to ensure the payment of money or performance of some other obligation.

affects doctrine Constitutional law. The principle allowing Congress to regulate intrastate activities that have a substantial effect on interstate commerce . The doctrine'is so called because the test is whether a given activity "affects" interstate commerce. Also termed effects doctrine or (erroneously) affectation doctrine.

affectus (a-fek-tas), n. [Latin]. Rist. Intent; disposition of mind.

affectus sine effectu (e-fek-tas si-nee e-fek-t[y]oo). [Latin an intention without effect"). Hist. An intention that is not carried out.

affeer (a-feer), vb. [fr. Old French. affeurer "to tax"]. Hist. To fix the amount ofan amercement. - affeerment, n.

affeeror (a-feer-ar), n. Hist. An official responsible for assessing amercements in cases in which no precise penalty is given by statute.

affermer (a-far-may), vb. [Law French]. 1. To let to farm. 2. To make sure; to confirm.

aff'g abbr. Affirming.

affiance (a-fi-ants). 1. Archaic. The act of confiding. 2. The pledging of faith; specif., the act of promising to wed.

affiant (a-fi-ant). 1. One who makes an affidavit. Also termed deponent. 2. COMPLAINANT (2).

affidare (af-a-dair-ee), vb. [Law Latin]. To swear faith to; esp., a tenant's pledge of faith to a lord.

affidatio dominorum (af-a-day-shee-oh dom-a-nor-am), [Law Latin]. Hist. An oath taken by lords in Parliament.

affidatus (af-a-day-tas), n. [Law Latin]. Hist. A tenant by fealty.

affidavit (af-a-day-vit). A voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths . A great deal of evidence is submitted by affidavit, esp. in pretrial matters such as summary-judgment motions. Cf. DECLARATION (1), (8).

affidavit after appeal Patents. A sworn statement submitted to the U.S. Patent and Trademark Office after the filing of a notice of appeal from an adverse determination by an examiner. An affidavit or declaration submitted after a case has been appealed will not be admitted without a showing ofgood and sufficient reasons why it was not presented earlier.

affidavit after final rejection Patents. A sworn statement submitted to the U.S. Patent and Trademark Office after an application's final rejection. Also termed declaration after final rejection.

affidavit for the record An affidavit made by a surveyor orengineer to supplement, correct, update, or other-wish altar existing informationin offical real-estate record.

affidavit for the record- See AFFIDAVIT.

affidavit of claim An affidavit in which a plaintiff assertsthat he or she has a meritorious causeof action.

affidavit of continued use See DECLARATION OF USE.

affidavit of defense See affidavit of merits.

affidavit of incontestability See DECLARATION OF INCONTESTABILITY.

affidavit of increase. An affidavit that lists and seeks reimbursement from the opposing party for the additional costs (above the filing fee and other basic fees charged by the court clerk) incurred by a party in taking a matter through trial. Attorney fees, witness payments, and the like were included in this affidavit. See COSTS OF INCREASE.

affidavit of inquiry. An affidavit, required in certain states before substituted service of process on an absent defendant, in which the plaintiff's attorney or a person with knowledge of the facts indicates that the defendant cannot be served within the state.

affidavit of merit. See certificate of merit.

affidavit of merits An affidavit in which a defendant asserts that he or she has a meritorious defense. Also termed affidavit of defense.

affidavit of nonprosecution An affidavit in which a crime victim requests that the perpetrator not be prosecuted. In many cases, if the victim files an affidavit of nonprosecution, the prosecutor will withdraw or not file criminal charges against the perpetrator on grounds that there is no victim. Sometimes, though, the prosecutor will go forward with the prosecution even if the victim files an affidavit of nonprosecution.

affidavit of notice An affidavit stating that the declarant has given proper notice of hearing to other parties to the action.

affidavit of service An affidavit certifying the service ofa notice, summons, writ, or process.

affidavit of use See DECLARATION OF USE.

affidavit of verification See VERIFICATION (1).

affidavit under § 15 See DECLARAnON OF INCONTEST ABILITY.

affidavit under § 8 See DECLARATION OF USE.