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garde (gahrd). [French], 1. Civil law. A relationship that gives rise to a person's liability when an injury is caused by a thing, whether animate or inanimate, that is considered by law to be that person's responsibility or to be in that person's custody. 2. See GARD.

gardein (gahr-deen). [Law French]. A guardian or keeper. Also spelled gardian; gardien; gardeyn.

gardia (gahr-dee-a). GARD.

gardianus (gahr-dee-ay-nas). [Law Latin]. A guardian, defender, or protector; a warden. - Also spelled guardian us.

gardianus ecclesiae (gahr-dee-ay-nas e-klee-z[h]ee-ee). Eccles. law. A churchwarden.

garene (ga-reen). [Law French], See WARREN.

garmon doctrine See Garmon preemption under PREEMPTION.

Garmon preemption Labor law. A doctrine prohibiting state and local regulation of activities that are actually or arguably (1) protected by the National Labor Relations Act s rules relating to the right of employees to organize and bargain collectively, or (2) prohibited by the National Labor Relations Act s provision that governs unfair labor practices. San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. 773 (1959). Also termed Garmon doctrine. See COLLECTIVE BARGAINING; UNFAIR LABOR PRACTICE.

garmon preemption See PREEMPTION.

garner doctrine The rule that allows shareholder plaintiffs in a corporate derivative action to discover confidential communications between a corporate officer and the corporation's attorney. The Garner doctrine does not apply to attorney work product, and the movant must show good cause. Garner v. Wolfmbarger, 430 F.2d 1093 (5th Cir. 1970). See DERIVATIVE ACTION (1).

garnish Money exacted from a new prisoner by other prisoners or as a jailer's fee. This practice was banned in England in 1815.

garnish- vb. [Old French garnir "to warn" "to prepare"].1. To notify or warn (a person) of certain debts that must be paid before the person is entitled to receive property as an heir. 2. To subject (property) to garnishment; to attach (property held by a third party) in order to satisfy a debt. 3. To notify (a person, bank, etc.) that a garnishment proceeding has been undertaken and that the one receiving notice may be liable as stakeholder or custodian of the defendant's property. - Also termed garnishee; (in senses 2 & 3) factorize. - garnishable, adj.

garnishee (gahr-ni-shee), n. A person or institution (such as a bank) that is indebted to or is bailee for another whose property has been subjected to garnishment. - Also termed garnishee-defendant (as opposed to the "principal defendant," i.e., the primary debtor).

garnishee- (gahr-ni-shee), vb. See GARNISH.

garnisher A creditor who initiates a garnishment action to reach the debtor's property that is thought to be held or owed by a third party (the garnishee). Also spelled garnishor.

garnishment 1. A judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor's property (such as wages or bank accounts) held by that third party. A plaintiff initiates a garnishment action as a means of either prejudgment seizure or post judgment collection. "Garnishment is a[nl ... inquisitorial proceeding, affording a harsh and extraordinary remedy. it is an anomaly, a statu· tory invention sui generis. with no affinity to any action known to the common law .... It is a method of seizure; but it is not a 'levy' in the usual acceptation of that term. It is a proceeding by which a diligent creditor may legally obtain preference over other creditors; and it is in the nature of a creditor's bill. or a sequestration of the effects of a debtor in the hands of his debtor." 38 c.J,S. Garnishment § 3, at 248-50 (2003).

garnishor See GARNISHER.

garrity statement (gar-a-tee). A public employee's oral or written report (as ofan incident) obtained under a threat of termination of employment. A public employee usu. makes a Garrity statement in the course of an internal investigation (as by a police department). Because a Garrity statement is coerced, the statement and any evidence obtained as a result of it cannot be used in a later criminal prosecution against the public employee. The statement and evidence may be used only to evaluate the employee's performance. Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616 (1967).

garsumne [Old English], A fine; an amercement.

gas chamber (ca. 1945), A small, sealed room in which a capital punishment is carried out by strapping the prisoner into a chair and releasing poisonous fumes. gas contract. Oil & gas. An agreement for the sale of natural gas.

gas sold Oil & gas. Natural gas that is actually sold but not necessarily all that a well produces. The term is used in natural-gas leases.

gas used Oil & gas. Natural gas that is consumed while a well is in operation but that is not necessarily sold.

gas-balancing agreement Oil & gas. A contract among owners of the production of a gas well to balance production if one owner sells more of the gas stream than the other owners do. "Gas balancing agreements address the problem of imbalances in production from a gas well or field. Co-owners frequently sell their share of production to different pur· chasers .... Even when co-owners sell to the same purchaser, their contracts are likely to be signed at different times and to have different price and take provisions. Thus, imbalances are ineVitable." John S. Lowe, Oil and Cas Law in a Nutshell 385 (3d ed. 1995).

gastonette A dilatory "dance" in which each of the two responsible parties waits until the other party acts so that the delay seems interminable; esp., a standoff occurring when two courts simultaneously hear related claims arising from the same bases and delay acting while each court waits for the other to act first. The term was coined by Judge Jon O. Newman in In re McLean Industries, Inc., 857 F.2d 88, 90 (2d Cir. 1988), on the model of "After you, my dear Alphonse." "No, after you, Gaston."

GATT (gat). abbr. GENERAL AGREEMENT ON TARIFFS AND TRADE. See TRIPS.

gauger (gay-jar). A surveying officer who examines containers of liquids to give them a mark of allowance, as containing the lawful measure.

gauntlet See GANTLET.

gavel (gav-al). (bef. 12c), 1. A tribute, toll, or custom paid to a superior. 2. An annual payment of rent or revenue, esp. payment in kind, such as gavel-corn, gavel-malt, or oat-gavel. - Sometimes spelled gabel. 3. A mallet used by a presiding officer, often a judge, to bring a meeting or court to order.

gavel rep (gav-al-reep). A tenant's duty to reap the lord's fields at the lord's command; BEDRIP. - Also spelled gavelrip.

gavel through Parliamentary law. To put (a question) to a vote before any member can obtain the Hoor.o The practice of "gaveling through" a motion is improper under parliamentary law. "It should be noted that, under legitimate parliamentary procedure, there is no such thing as 'gaveling through' a measure. The right of members to debate or introduce secondary motions cannot be cut off by the chair's attempting to put a question to vote so quickly that no member can get the floor - either when the chair first states the question or when he believes debate is ended. Debate is not closed by the presiding officer's rising to put the question." Henry M. Robert, Robert's Rules of Order Newly Revised § 43, at 374 (lOth ed. 2000).

gavelbred (gav-al-bred). Rent payable in bread, corn, or some other provision; rent payable in kind.

gavelet (gav-al-it). . A writ used in Kent and London to recover rent from land held in gavelkind. See CESSAVIT.

gavelgeld (gav-al-geld). 1. Property that yields a profit or a tolL 2. The tribute or toll itself.

gavelherte (gav-al-hart). A service of plowing performed by a customary tenant.

gaveling man (gav-di-ing man or man). See GAVELMAN.

gavelkind (gav-al-kind). 1. A species of socage tenure arising in land that has descended equally to the decedent's sons .It was Widespread before 1066, when it was mainly superseded by primogeniture. This property-division technique was then largely limited to Kent. The person holding land in this manner enjoyed several advantages not available under the common law: the land could be disposed of by will, did not escheat for felony other than treason or for want of heirs, and was alienable by an heir at age 15. Gavelkind was abolished in 1925. Although the etymology of this term was much debated in the 19th century, the explanation given in the first quotation below appears to be the true one. 2. Land that yields gavel service. "[G]arol, or gavel, was a word of frequent use before the Norman Conquest, and signified not only a tribute, tax, or custom, but also rent in general; and ... under this term were comprehended all socage services whatsoever which lay in render or feasance, the word being often com· pounded with and applied to the particulars wherein the payment or performance of the service consisted; as corngavel, or gavel·corn, was a corn·rent, and gavel-earth was a service of 'earing' or ploughing .... The tenant from whom such services were due was called a gavel-man: and 'gavelkind' being taken as a compound of this word 'gavel' and gekynde,' which is nature, kind, quality (usually appearing under the form 'gafolcund' in the most ancient records), the proper signification of the term will be land of the kind or nature which yielded rent, or 'censualland,' which may be compared to rent-service land as distinguished from knight-service land, which being held by free military service yielded no 'cens' or rent in money, provision, or works:

gavelman (gav-al-man). A tenant who is liable for money rent in addition to a customary service to the lord. A gavelman was formerly a villein who had been released from villenage in consideration of money rent. Also termed gaveling man.

gavelmed (gav-al-meed). A tenant's customary service of mowing the lord's meadowland or grass forhay. Also spelledgavelmead.

gavelwerk (gav-al-wark). Customary service, either by the tenant's own hands or with the aid of the tenant's carts or carriages.

gay marriage See same-sex marriage under MARRIAGE (1).

gazette (ga-zet). An official newspaper of the British government in which acts of State, Crown appointments, notices of bankruptcy, and other legal matters are reported. Although the London Gazette is the most famous, there are also publications called the Edinburgh Gazette and the Belfast Gazette with similar purposes,

gazumping (ga-zamp-ing). BrE Slang. The improper sale of a house, usu. by raising the price after accepting an offer. Gazumping can take different forms, the usual one being when a seller raises the price after accepting the buyer's offer. But it may also occur when a competing buyer makes a higher bid than the one already accepted, thus encouraging the seller to back out of the earlier contract.

GBMI abbr. GUILTY BUT MENTALLY ILL gdn. abbr. GUARDIAN.

gebrauchsmuster [German], Patents. UTILITY MODEL. Abbr.GM.

geld A tax paid to the Crown under AngloSaxon and Norman kings.

geldable (geld-a-bal), adj, (Of property) subject to tax or tribute. Also spelled gildable.

GEM See growing-equity mortgage under MORTGAGE.

gemot (ga-moht). (bef. 12c). A local judicial assembly; a public meeting. Also spelled gemote.

gender discrimination See sex discrimination.

gender discrimination- See sex discrimination under DISCRIMINATION.

gener (jee-nar), n. [Latin]. Roman law. A son-in-law.

genera] denial See DENIAL.

general accountability office An office in the legislative branch of the federal government responsible for auditing the receipt and disbursement of U.S. government funds and conducting investigations for members of Congress and congreSSional committees. Headed by the Comptroller General of the United States, it was formerly called the General Accounting Office, established by the Budget and Accounting Act of 1921. It was renamed in 2004. 31 USCA § 702. - Abbr. GAO.

general accounting office See GENERAL ACCOUNTABILITY OFFICE.

general act See PUBLIC LAW (2).

general administration An administration with authority to deal with an entire estate. Cf. special administration.

general administration- See ADMINISTRATION.

general administrative expense (usu. pl.) An expense incurred in running a business, as distinguished from an expense incurred in manufacturing or selling; overhead. Examples include executive and clerical salaries, rent, utilities, and legal and accounting services. - Also termed administrative expense; general expense. - Abbr. G & A.

general administrative expense- See EXPENSE.

general administrator A person appointed to administer an intestate decedent's entire estate.

general administrator- See ADMINISTRATOR (2).

general agency A principal's delegation to an agent, without restriction, to take any action connected with a particular trade, business, or employment. Also termed universal agency.

general agency- See AGENCY (I).

general agent An agent authorized to transact all the principal's business of a particular kind or in a particular place. Among the common types of general agents are factors, brokers, and partners. "Although the distinction between general and special agents can be difficult to apply, the terminology is sometimes used by courts and the distinction plays a major role in the Restatement of Agency. A general agent ... is an integral part of the principal's business and does not need fresh authorization for each separate transaction. A manager of a store is an example of a general agent." J. Dennis Hynes, Agency, Partnership, and the LLC in a Nutshell21 (1997).

general agent An agent with the general power of making insurance contracts on behalf of an insurer.

general agent- 1. See AGENT (2). 2. See INSURANCE AGENT.

general agreement on tariffs and trade A multiparty international agreement - signed originally in 1948 that promotes international trade by lowering import duties and providing equal access to markets. More than 150 nations are parties to the agreement. Abbr. GATT.

general appearance A general-purpose appearance that waives a party's ability later to dispute the court's authority to enter a binding judgment against him or her.

general appearance- See APPEARANCE.

general assembly 1. The name of the legislative body in many states. 2. (cap.) The deliberative body of the United Nations. 3. CONVENTION (4).

general assignment Assignment of a debtor's property for the benefit of all the assignor's creditors, instead of only a few. Also termed voluntary assignment. See ASSIGNMENT FOR THE BENEFIT OF CREDITORS.

general assignment- See ASSIGNMENT (2).

general assumpsit An action based on the defendant s breach of an implied promise to pay a debt to the plaintiff. Also termed common assumpsit; indebitatus assumpsit. General assumpsit is brought for breach of a fictitious or implied promise raised by law from a debt founded upon an executed consideration. The basiS of the action is the promise implied by law from the performance of the consideration. or from a debt or legal duty resting upon the defendant. Benjamin J. Shipman, Handbook of Common· Law Pleading § 59, at 153 (Henry Winthrop Ballantine ed., 3d ed. 1923). "[T]he word assumpsit suggest[s] the making of a promise. While that is true in the case of the action of special assumpsit, the promise alleged in the action of general assumpsit was only a fiction. Accordingly in the latter action, the word assumpsit no more means that an obligation exists as the result of making a contract, than that a contract is involved because the obligation is described as quasi-contractual. Charles Herman Kinnane, A First Book on Anglo·American Law 633-34 (2d ed. 1952).

general assumpsit- See ASSUMPSIT.

general authority A general agent's authority, intended to apply to all matters arising in the course of the principal's business.

general authority- See AUTHORITY (1).

general average Average resulting from an intentional partial sacrifice of ship or cargo to avoid total loss . The liabilityis proportionately shared by all parties who had an interest in the voyage. - Abbr. GA. Also termed gross average; general-average contribution. "[Gleneral average refers to certain extraordinary sacrifices made or expenses incurred to avert a peril that threat· ens the entire voyage. In such a case the party sustaining the loss confers a common benefit on all the parties to the maritime venture. As a result the party suffering the loss has a right - apart from contract or tort - to claim contribution from all who participate in the venture. The doctrine of general average is thus an equitable principle derived from the general maritime law. General average is an exception to the principle of particular average that losses lie where they fall; rather the loss becomes 'general,' meaning that it is spread ratably among all the parties involved in the maritime adventure. The doctrine of general average is of ancient vintage, and can be traced back to remotest antiquity." ThomasJ. Schoenbaum, Admiralty and Maritime Law § 16·1, at 522-23 (1987).

general average- See AVERAGE.

general average loss See LOSS.

general benefit Eminent domain. The whole community's benefit as a result of a taking .o It cannot be considered to reduce the compensation that is due the condemnee.

general benefit- See BENEFIT.

general bequest 1. A bequest of a general benefit, rather than a particular asset, such as a gift of money or a gift of all the testator's stocks. 2. A bequest payable out of the general assets of the estate.

general bequest- See BEQUEST.

general cargo Goods and materials of various types transported by carriers, often in a common load, with few or no restrictions.

general cargo- See CARGO.

general challenge See challenge for cause.

general challenge- See challenge for cause under CHALLENGE (2).

general compromis An agreement in which countries submit all or a definite class of disputes that may arise between them to an arbitral institution, a court, or an ad hoc arbitral tribunal by concluding a general arbitration treaty or by including an arbitration clause in a treaty. Also termed abstract compromis; anticipated compromis. 2. In international-law moot-court competitions, the record upon which the arguments are based.

general compromis- See COMPROMIS.

general consent 1. Adoption without objection, regardless of whether every voter affirmatively approves. 2. See unanimous consent (1).

general consent- 1. See BLANK CONSENT. 2. See CONSENT (2).

general contractor One who contracts for the completion of an entire project, including purchasing all materials, hiring and paying subcontractors, and coordinating all the work. Also termed original contractor; prime contractor.

general contractor- See CONTRACTOR.

general council A body of elected persons who represent all the citizens of a territory or members of an organization.

general council- See COUNCIL.

general counsel 1. A lawyer or law firm that represents a client in all or most of the client's legal matters, but that sometimes refers extraordinary matters such as litigation and intellectual-property cases to other lawyers. 2. The most senior lawyer in a corporation's legal department, usu. also a corporate officer.

general counsel- See COUNSEL.

general counsel's memorandum 1. A written discussion, issued by the office of the Chief Counsel of the IRS, on the merits of a legal issue involving tax law. 2. A written explanation, issued by the office of the Chief Counsel of the IRS, explaining the IRS's positions in revenue rulings and technical advice memorandums.

general count A count that states the plaintiffs claim without undue particularity.

general court See GENERAL COURT.