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future covenant A covenant that can be breached only upon interference with the possession of the grantee or the grantee's successors. The covenants in this class are the covenant for further assurances, the covenant for quiet enjoyment, and the covenant of warranty. The distinction between future and present covenants becomes important in determining when the statute of limitations begins to run. Cf. present covenant.

future covenant- See COVENANT (4).

future damages Money awarded to an injured party for an injury's residual or projected effects, such as those that reduce the person's ability to function. Examples are expected pain and suffering, loss or impairment of earning capacity, and projected medical expenses.

future damages- See DAMAGES.

future earnings See lost earnings.

future earnings- See lost earnings under EARNINGS.

future estate See FUTURE INTEREST.

future estate- See future interest under INTEREST (2).

future goods See GOODS.

future goods- Goods that will come into being, such as those yet to be manufactured; goods that are not both existing and identified. A purported present sale of future goods or any interest in them operates as a contract to sell. UCC § 2-105(2).

future interest See INTEREST (2).

future interest A property interest in which the privilege of possession or ofother enjoyment is future and not present. A future interest can exist in either the grantor (as with a reversion) or the grantee (as with a remainder or executory interest). Today, most future interests are equitable interests in stocks and debt securities, with power of sale in a trustee. Also termedfuture estate; expectant estate; estate in expectancy. Cf. present interest under INTEREST (2). "[T]he interest is an existing interest from the time of its creation, and is looked upon as a part of the total ownership of the land or other thing [that] is its subject matter. In that sense, future interest is somewhat misleading, and it is applied only to indicate that the possession or enjoyment of the subject matter is to take place in the future." Lewis M. Simes & Allan F. Smith, The Law of Future Interests § 1, at 2-3 (2d ed 1956). "To own a future interest now means not only to be entitled now to judicial protection of ones possible future possession, but also (in most cases) to be able to make transfers now of that right of possible future possession." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 56 (2d ed. 1984). When 0 transfers today to A for five years, we can say either that 0 has a future interest oythat he has a present estate subject to a term for years in A. Similarly, when O transfers today his entire estate in fee simple absolute by a conveyance to A for five years, then to B and his heirs, we can say either that B has a future interest oythat he has a present estate subject to a term for years in A. Unhappily, the fact that we have two locutions available to us can be a source of confusion ...." Id. at 42.

future performance See PERFORMANCE.

future performance Performance in the future of an obligation that will become due under a contract.

future use See contingent use under USE (4).

future value See VALUE (2).

future-acquired property See AFTER-ACQUIRED PROPERTY (1).

future-advance dause A contractual term in a security agreement covering additional loaned amounts on present collateral or collateral to be acquired in the future, regardless of whether the secured party is obliged to make the advances; esp., a provision in an open-end mortgage or deed of trust allowing the borrower to borrow additional sums in the future, secured under the same instrument and by the same security. This type of clause makes a new security agreement unnecessary when the secured creditor makes a future loan to the debtor.

future-advances mortgage See MORTGAGE.

futures 1. Standardized assets (such as commodities, stocks, or foreign currencies) bought or sold for future acceptance or delivery. Also termed financial futures. 2. FUTURES CONTRACT. 3. Future claimants, esp. those who would become members of a class of persons injured by a defendant and thus included in a class action.

futures option An option to buy or sell a futures contract.

futures contract See FUTURES CONTRACT.

futures contract- An agreement to buy or sell a standardized asset (such as a commodity, stock, or foreign currency) at a fixed price at a future time, usu. during a particular time of a month. Futures contracts are traded on exchanges such as the Chicago Board of Trade or the Chicago Mercantile Exchange. Often shortened to futures. - Also termed futures agreement; time-bargain. Cf. forward contract under CONTRACT; LEVERAGE CONTRACT; OPTION.

futures market See MARKET.

futures option See OPTION.

futures trading The buying and selling of futures contracts, usu. on formal exchanges.

futures-commission merchant An individual or firm that executes orders to buy and sell futures or futures options.

FWC abbr. File wrapper continuation. See CONTINUATION; CONTINUATION-IN-PART.

FWS abbr. UNITED STATES FISH AND WILDLIFE SERVICE.

fyrdfare See FERDFARE.

G & A abbr. See general administrative expense under EXPENSE.

G reorganization A reorganization involving a transfer of all or part of the corporation s assets to another corporation in a bankruptcy or similar proceeding.

g reorganization See REORGANIZATION (2).

g.b.h abbr. Grievous bodily harm. See serious bodily injury under INJURY.

GA abbr. See general average under AVERAGE.

GAAP (gap). abbr. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.

GAAS (gas). abbr. GENERALLY ACCEPTED AUDITING STANDARDS.

gabel (ga-bel). 1. A tax or duty on movables. 2. GAVEL (2). - Also spelledgabelle. See LAND-GAVEL.

gabelle (ga-bel). 1. A tax or duty on merchandise. 2. A peasant villager, esp. one who pays rent or tribute. See GAVEL (1). - Also spelled gabella; gavella.

gag order 1. A judge's order directing parties, attorneys, witnesses, or journalists to refrain from publicly discussing the facts of a case. When directed to the press, such an order is generally unconstitutional under the First Amendment. 2. A judge's order that an unruly defendant be bound and gagged during trial to prevent further interruptions.

gage (gayj), A pledge, pawn, or other thing deposited as security for performance. An archaic use of this word corresponded to the way wage was formerly used in legal contexts: a gager del ley, for example, was an earlier form of wager of law, while gager de deliverance had the same meaning as wager of deliverance. Cf. WAGE (2). "A single root has sent out many branches which overshadow large fields of law. Gage, engagement, wage, wages, wager, wed, wedding, the Scottish wadset, all spring from one root. In particular we must notice that the word 'gage,' in Latin vadium, is applied indiscriminately to movables and immovables, to transactions in which a gage is given and to those in which a gage is taken. When a lord has seized his tenant's goods in distress they are in his hands a gage for the payment of the rent that is in arrear, and the sheriff is always taking gages from those who have no mind to give them. The notion expressed by the word seems to be that expressed by our 'security' ...." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 1117-18 (2d ed. 1899).

gage- To pawn or pledge; to give as security for. Gage is an older form of wage, and often appeared as a phrase, gager deliverance. "Though the word Cage be retained, as it is a Substantive, yet as it is a verb, use hath turned the Cage into Wage so as it is oftener written Wage; as to Wage Deliverance, to give security, that a thing shall be delivered: For, if he that distrained, being sued, have not delivered the Cattle that were distrained, then he shall not onely avow the Distress, but Cager Deliverance, put in surety, that he will deliver them." Thomas Blount, Noma Lexicon. A Law-Dictionary (1670).

gager (gay-jar), n. The giving of security; the transaction in which one gives a gage. See GAGE.

gager del ley See WAGER OF LAW.

gain 1. An increase in amount, degree, or value.

gainage See WAINAGE (2).

gainful employment Work that a person can pursue and perform for money.

gainful employment- See EMPLOYMENT.

gainor See SOCMAN.

gains See GAIN.

GAL abbr. See guardian ad litem under GUARDIAN.

gale (gayl). 1. A periodic payment of rent. See GAVEL (2). 2. Rent paid by a free miner (the galee) for the right to mine a plot of land. 3. A license to mine a plot of land. A gale could be conveyed or devised. 4. The land so licensed.

gallagher agreement A contract that gives one codefendant the right to settle with the plaintiff for a fixed sum at any time during trial and that guarantees payment of the sum regardless of the trial's outcome. City of Tucson v. Gallagher, 493 P.2d 1197 (Ariz. 1972). Cf. MARY CARTER AGREEMENT.

gallows (bef. 12c) A wooden frame consisting of two upright posts and a crossbeam, from which condemned criminals are hanged by a rope.

gamalis (ga-may-lis). [Law Latin]. 1. A child born in lawful wedlock. 2. A child born to betrothed but unmarried parents.

gambler See COMMON GAMBLER.

gambling The act of risking something ofvalue, esp. money, for a chance to win a prize. - Gambling is regulated by state and federal law. 18 USCA §§ 1081 et seq. Also termed gaming. See COMMON GAMBLER.

gambling contract An agreement to engage in a gamble; a contract in which two parties wager something, esp. money, for a chance to win a prize. Where gambling is legal, contracts related to legal gambling activities are enforceable. Also termed gaming contract. See wagering contract. "Generally, under or apart from statutes so providing, or prohibiting such contracts or transactions, gambling contracts and transactions are illegal and void and cannot be enforced: and such contracts are void ab initio.... A gambling contract is invalid, no matter what outward form it may assume, and no ingenuity can make it legal." 38 C,J.S. Gaming § 26, at 138-39 (1996).

gambling contract- See CONTRACT.

gambling device Any thing, such as cards, dice, or an electronic or mechanical contrivance, that allows a person to playa game of chance in which money may be won or lost. Gambling devices are regulated by law, and the use or possession of a gambling device can be illegal. Also termed gaming device.

gambling place Any location where gambling occurs. IS USCA § lOS1. - Also termed gaming house; gaming room.

gambling policy See wager policy.

gambling policy See wager policy under INSURANCE POLICY.

gambling verdict See chance verdict under VERDICT.

game 1. Wild animals and birds considered as objects of pursuit, for food or sport; esp., animals for which one must have a license to hunt. 2. A contest, for amusement or for a prize, whose outcome depends on the skill, strength, or luck of the players.

game- vb. To gamble; to play for a stake.

game law A federal or state law that regulates the hunting of game, esp. one that forbids the capturing or killing of specified game either entirely or seasonally, describes the means for killing or capturing game in season, or restricts the number and type of game animals that may be killed or captured in season. 16 USCA §§ 661-667; 18 USCA §§ 41-47.

game of chance A game whose outcome is determined by luck rather than skill. See GAMBLING DEVICE. "Games of chance do not cease to be such merely because they call for the exercise of skill by the players, nor do games of skill cease to be so because at times .. their result is determined by some unforeseen aCcident, usually called 'luck.' According to some cases, the test of the character of the game is not whether it contains an element of chance or an element of skill, but which of these is the dominating element that determines the result of the game.... And it has been said that 'it is the character of the game, and not the skill or want of skill of the player,' which determines whether a game is one of chance or skill:' 38 Am. Jur. 2d Gambling § 4, at 109-10 (1968).

game of skill A game in which the outcome is determined by a player's superior knowledge or ability, not chance.

gamete intrafallopian transfer (ca. 1984), A procedure in which mature eggs are implanted in a woman's fallopian tubes and fertilized with semen. - Abbr. GIFT. Also termed gamete intrafallopian-tube transfer. Cf. ZYGOTE INTRAFALLOPIAN TRANSFER; ARTIFICIAL INSEMINATION; IN VITRO FERTILIZATION.

gaming See GAMBLING.

gaming contract See gambling contract under CONTRACT.

gaming device See GAMBLING DEVICE.

gaming house See GAMBLING PLACE.

gaming room See GAMBLING PLACE.

ganancial (ga-nan-shaI), adj. Of, relating to, or consisting of community property <a spouse's ganancial rights>. See COMMUNITY PROPERTY. "The Spanish [more correctly, the Castilian] form of community property, called the 'gananCial' system, is found today in nine states of the United States, the Spanish-American republics of Central and South America, the Commonwealth of Puerto Rico and the Philippine Republic." Robert L Menell & Thomas M. Boykoff, Community Property in Q Nutshell 10 (2d ed. 1988).

gang A group of persons who go about together or act in concert, esp. for antisocial or criminal purposes. - Many gangs have common identifying signs and symbols, such as hand Signals and distinctive colors. Also termed street gang.

gangland (ca. 1912), The world of criminal gangs and organized crime.

gangster A member of a criminal gang or an organizedcrime syndicate.

ganser's syndrome (gahn-zar or gan-sar). An abnormality characterized by the giving of irrelevant and nonsensical answers to questions. Prisoners have been known to feign this syndrome in an attempt to obtain leniency.

gantlet (gawnt-lit). [fr. Swedish gata "lane" + lopp "course"), 1. A former military punishment in which the offender was stripped to the waist and forced to run between two rows of soldiers who gave him lashes as he passed. 2. A series of severe troubles or difficulties; an ordeal. - Also spelled gauntlet; (archaically) gantlope.

GAO abbr. GENERAL ACCOUNTABILITY OFFICE. gaol. See JAIL.

gaol delivery See JAIL DELIVERY.

gaol liberties See TAIL LIBERTIES.

gaoler See TAILER.

gap See GAP PERIOD.

gap creditor Bankruptcy. A creditor who extends credit to, lends money to, or has a claim arise against the debtor in the period between the filing of an involuntary bankruptcy petition and the entry ofthe order for relief. Under the Bankruptcy Code, a gap creditor's claim receives second priority, immediately below administrative claims. 11 USCA §§ S02(f), S07(a)(2).

gap creditor- See CREDITOR.

gap financing Interim financing used to fund the difference between a current loan and a loan to be received in the future, esp. between two long-term loans. See bridge loan under LOAN.

gap financing- See FINANCING.

gap period Bankruptcy. The duration of time between the filing of an involuntary bankruptcy petition and the entry of the order for relief. Often shortened to gap.

gap report In the making of federal court a report that explains any changes made by an advisory committee in the language of a proposed amendment to a procedural rule after its publication for comment. Before advisory committees began issuing gap reports in the early 1980s, there were complaints that the public record did not show why changes were made after the public-comment period. The five adviSory committees - for appellate, bankruptcy, civil, criminal, and evidence rules therefore began filing the reports to fill in the "gaps" in the record. Although the phrase is sometimes written in capital letters (GAP report), it is not an acronym.

gap theory The principle that a tortfeasor will be considered underinsured if his or her liabilitvinsurance coverage although legally adequate 'is less than the injured party's underinsured-motorist coverage. This principle allows an injured party to invoke underinsured-motorist coverage. Cf. EXCESS THEORY.

gap-filler A rule that supplies a contractual term that the parties failed to include in the contract. For example, if the contract does not contain a sales price, UCC § 2-305(1) establishes the price as being a reasonable one at the time of delivery. Cf. DEFAULT RULE. "Contracts often have gaps in them. intentional or inadver· tent. Gaps arise, too, out of the 'battle of the forms' under sections 2-204 and 2-207. Some gaps are more or less complete, others only partial. Article 2 of the Code includes numerous gap filler provisions which taken together constitute a kind of standardized statutory contract." 1 James J. White & Robert S. Summers, Uniform Commercial Code § 3-4 (4th ed. 1995).

garageman's lien See mechanic's lien under LIEN.

garandia (ga-ran-dee-a). [Law Latin]. A warranty. Also spelled garantia (ga-ran-shee-a).

garauntor (gar-om-tar). [Law French]. A warrantor of land. Agarauntorwas obligated to defend the title and seisin of the alienee. Ifthe alienee was evicted, the garauntor had to provide the alienee with other land of equal value.

garcia hearing (gahr-see-a). Criminal procedure. A hearing held to ensure that a defendant who is one of two or more defendants represented by the same attornev understands (1) the risk of a conflict of interest inhere~t in this type of representation, and (2) that he or she is entitled to the services of an attorney who does not represent anyone else in the defendant's case. United States v. Garcia, 517 E2d 272 (5th Cir. 1975). See CONFLICT OF INTEREST (2).

garcia hearing- See GARCIA HEARING.

gard (gahrd). [Law French]. 1. Wardship or custody (of a person). 2. A precinct (or ward) of a city. - Also spelled garde; gardia.