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general-mortgage bond- See BOND (3).

general-obligation bond A municipal bond payable from general revenue rather than from a special fund . Such a bond has no collateral to back it other than the issuer's taxing power. Often shortened to obligation bond. Also termed full-faith-and-credit bond. "There are two main types of bonds issued by local govern· ments: general obligation bonds and revenue bonds. Bonds will be assumed to be general obligation unless they themselves contain a clear promise to pay only out of a special fund."' Osborne M. ReynoldsJr., Handbook of Local Government Law § 104, at 323 (1982).

general-obligation bond- See BOND (3).

general-public license See open-source license under LICENSE.

general-verdict rule The principle that when a jury returns a general verdict on multiple causes of action (or theories of recovery), it is presumed on appeal that the jury found in the prevailing party's favor on each cause of action.

generation 1. A single degree or stage in the succession of persons in natural descent. 2. The average time span between the birth of parents and the birth of their children.

generation-skipping tax A tax on a property transfer that skips a generation. The tax limits the use of generation-skipping techniques as a means of avoiding estate taxes.

generation-skipping tax See TAX.

generation-skipping transfer Wills & trusts. A conveyance of assets to a "skip person," that is, a person more than one generation removed from the transferor. For example, a conveyance either directly or in trust from a grandparent to a grandchild is a generation-skipping transfer subject to a generation-skipping transfer tax. IRC (26 USCA) §§ 2601-2663. See generation-skipping transfer tax under TAX; generationskipping trust under TRUST; SKIP PERSON.

generation-skipping transfer tax A gift or estate tax imposed on a generation-skipping transfer or a generation-skipping trust. IRe (26 USCA) §§ 26012663. Sometimes shortened to generation-skipping tax; transfer tax. See DIRECT SKIP; GENERATIONSKIPPING TRANSFER; generation-skipping trust under TRUST; TAXABLE DISTRIBUTION.

generation-skipping transfer tax See TAX.

generation-skipping trust See TRUST.

generic adj. Trademarks. 1. Common or descriptive, and thus not eligible for trademark protection; nonproprietary <a generic name>. 2. Not having a trademark or brand name <generic drugs>.

generic burglary An unlawful or unprivileged entry into, or remaining in, a building or structure with intent to commit a crime. Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143 (1990).

generic burglary- See BURGLARY.

generic claim A claim that encompasses a class of elements, any of which could function as equivalents. For a generic claim to be valid, the specific elements it encompasses must have a definable feature in common that makes them fit for the purpose. Also termed genus claim. Cf. species claim.

generic claim See PATENT CLAIM.

generic drug A drug containing the active ingredients but not necessarily the same excipient substances (such as binders or capsules) as the pioneer drug marketed under a brand name. Also termed copycat drug. See pioneer drug.

generic drug- See DRUG.

generic name A term that describes something generally without deSignating the thing's source or creator, such as the word car or sink. A generic name cannot be protected as a trademark for the thing it denotes; e.g., Apple can be a trademark for computers but not for apples. Also termed generic term; generic mark; common descriptive name.

generic swap See plain-vanilla swap under INTERESTRATE SWAP.

generic swap See plain-vanilla swap.

generic term See GENERIC NAME.

genericalness See GENERICNESS.

generic-drug law A statute that allows pharmacists to substitute a generic drug for a brand-name drug under specified conditions. Most states have enacted generic-drug laws to ensure that less-expensive generic drugs are available to consumers,

genericide (ja-ner-a-sid). Trademarks. The loss or cancellation of a trademark that no longer distinguishes the owner's product from others' products. Genericide occurs when a trademark becomes such a household name that the consuming public begins to think of the mark not as a brand name but as a synonym for the product itself. Examples of trademarks that have been" killed" by genericide include aspirin and escalator.

genericism (ja-ner-a-siz-am). See GENERIC NESS.

genericness The state or condition of being generic <an affirmative defense ofgeneric ness in a trademark suit>. Also termed genericalness; genericism.

genetic child See natural child (1).

genetic child- See natural child (1) under CHILD.

genetic engineering (ca. 1951) A method of creating new life forms and organic matter by gene-splicing and other techniques. The Supreme Court has ruled that those creations are patentable. Diamond v. Chakrabarty, 447 U.S. 303, 100 S.Ct. 2204 (1980).

genetic father See biological father.

genetic father- See biological father under FATHER.

genetic fingerprinting See DNA IDENTIFICATION.

genetic mother See biological mother under MOTHER.

genetic parent See biological parent under PARENT.

genetic parent See biological parent.

genetic-marker test A medical method of testing tissue samples used in paternity and illegitimacy cases to determine whether a particular man could be the father of a child. This test represents a medical advance over blood-grouping tests. It analyzes DNA and is much more precise in assessing the probability of paternity. Abbr. GMT. See PATERNITY TEST. Cf. BLOOD-GROUPING TEST; HUMAN-LEUKOCYTE ANTIGEN TEST.

geneva conventions of 1949 (ja-nee-va). Four international agreements dealing with the protection of wounded members of the armed forces, the treatment of prisoners of war, and the protection of civilians during international armed conflicts. Common Article 3 of the Conventions proclaims certain minimum standards of treatment that are applicable to non international armed conflicts. The humanitarian-law protection established in these four agreements was amplified in 1977 by the two Protocols Additional to the Geneva Conventions. In common parlance, people refer to the Geneva Convention as if there were just one agreement. Cf. LAWS OF WAR.

geneva phonograms convention A 1971 treaty requiring signatories to protect phonorecord producers against piracy and the importation of pirated copies, by copyright protection, unfair-competition law, or criminal sanctions. The treaty was drafted by representatives from WIPO and UNESCO to correct weaknesses in the Rome Convention. Also termed Convention for the Protection of Producers ofPhonograms Against Unauthorized Duplication of Their Pho nograms; Phonograms Convention.

genocide (jen-a-sid). (ca. 1944), An international crime involving acts causing serious physical and mental harm with the intent to destroy, partially or entirely, a national, ethnic, racial, or religious group.The Widely ratified Genocide Convention of 1948 defines the crime. The International Criminal Court has jurisdiction to try those accused of genocide. Many nations also have criminal laws providing punishment for individuals convicted of genOcide. Cf. ETHNIC CLEANSING. "The ... draft Convention on the Prevention and Punish· ment of the Crime of Genocide was adopted by the General Assembly on December 9, 1948 and unanimously recom· mended for adherence to the members of the United Nations. It came into force in October, 1950 .... The term genocide' was first proposed by Dr. Lemkin in the course of the war and incorporated on his suggestion into the Indictment of the Major German War Criminals. The [U.N. General] Assembly Resolution on Genocide of December 11. 1946, and the Convention of 1948, are also the result of a remarkable one-man campaign." Georg Schwarzen· berger, Power PolitiCS: A Study of International Society 634 (2d ed.1951).

genoese lottery (jen-oh-eez or -ees). See LOTTERY.

genotype The genetic makeup of a living organism. A patent on living matter must disclose its genotype rather than just describe its physical characteristics (phenotype) or behavior. Cf. PHENOTYPE. genotypic, adj.

gens (jenz), n. [Latin], Roman law. A clan or group of families who share the same name and (supposedly) a common ancestor; extended family. Members of a gens are freeborn and possess full civic rights. PI. gentes. "A wider group still is the gens, of great importance in early law though its importance was gone in classical times. This consisted of all who bore the same nomen, the gentile name." W.w. Buckland, A Manual of Roman Private Law 61 (2d ed. 1953).

gentes (jen-teez), n. [Latin], Roman law. Ihe peoples or nations of the world, particularly the civilized peoples.

gentile (jen-til). [fr. Latin gentilis], Roman law. A member of a gens. See GENS.

gentium privatum See private international law under INTERNATIONAL LAW.

gentleman 1. A man of noble or gentle birth or rank; a man above the rank of veoman. 2. A man belonging to the landed gentry. Today the term has no precise legal meaning.

gentleman usher of the black rod An officer of the House of Lords who has various ceremonial duties, including the summoning of the members of the House of Commons to the House of Lords when a bill is to receive royal approval.The office dates from the 14th century.

gentleman's agreement See GENTLEMEN'S AGREEMENT.

gentlemen's agreement An unwritten agreement that, while not legally enforceable, is secured by the good faith and honor of the parties. - Also spelled gentleman's agreement.

gentrification The restoration and upgrading of a deteriorated or aging urban neighborhood by middle-class or affluent persons, resulting in increased property values and often in displacement of lowerincome residents. - gentrify, vb.

genuine 1. (Of a thing) authentic or real; having the quality of what a given thing purports to be or to have <the plaintiff failed to question whether the exhibits were genuine>. 2. (Of an instrument) free of forgery or counterfeiting <the bank teller could not determine whether the signature on the check was genuine>. UCC § 1-201(18).

genuine issue of material fact Civil procedure. In the law of summary judgments, a triable, substantial, or real question of fact supported by substantial evidence. An issue of this kind precludes entry of summary judgment.

genus (jee-nas or jen-as). A general class comprising several species or divisions. In legal usage, the terms genus and (sometimes) species invoke the taxonomic classification oflife forms in biological science. For example, patent law is a species within the genus of intellectual property; burglary is a species within the genus of crime. In the law of sales, genus referred to fungibles, while species referred to specific, individual items. Cf. SPECIES (2).

genus claim See generic claim under PATDIT CLAIM.

genus nunquam perit (jee-nas nan[g]-kwam per-it). [Latin]. The class never perishes. The phrase appeared in reference to a quantity of contracted-for goods of a certain class (rather than a single item), the destruction of which did not discharge the seller's obligation.

geodetic-survey system (jee-a-det-ik). A federally created land-description method consisting of nationwide marks (or benches) made at longitude and latitude points. The geodetic-survey system integrates most of the real property in the United States into one unified form of measurement.

geographic market See MARKET.

geographic name See NAME.

geographically descriptive trademark See TRADEMARK.

geography of crime See environmental criminology under CRIMINOLOGY.

georgia-pacific analysis A 15-factor test for setting a reasonable royalty in infringement suits. Among other factors, the test considers what a prudent licensee would have paid while still being able to earn a profit. Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970).

german (jar-man), adj. Having the same parents or grandparents; closely related.

germane (jar-mayn), adj. Relevant; pertinent <the caselaw cited in the brief was not germane to the legal issue pending before the court>. Under parliamentary law, debate and amendments are in order only if they are germane to the motion under consideration.

germanus (jar-may-nas). [Latin], Roman law. 1. adj. Having the same father and mother. Seefrater germanus under FRATER. 2. n. A whole brother; a child of both of one's own parents.

gerrymandering (jer-ee-man-dar-ing or ger-ee-), 1. The practice of dividing a geographical area into electoral districts, often of highly irregular shape, to give one political party an unfair advantage by diluting the opposition's voting strength. When Massachusetts Governor Elbridge Gerry ran for reelection in 1812, members of his political party, the Anti-Federalists, altered the state's voting districts to benefit the party. One newly created district resembled a salamander, inspiring a critic to coin the word gerrymander by combining the governor's name, Gerry, with the ending of salamander. Gerry was not reelected governor, but was elected as James Madison's vice preSident. - Also termed political gerrymandering. 2. The practice of dividing any geographical or jurisdictional area into political units (such as school districts) to give some group a special advantage. Also termed jurisdictional gerrymandering. Ct: REAPPORTIONMENT. - gerrymander, vb.

gersum (gar-sam). 1. Money paid for a thing; specif., compensation paid by a tenant to a superior on entering a holding. 2. A penalty or amercement paid for an offense. - Also spelled garsumme; gersuma; gersume; grassum. 3. GRESSUME.

gersumarius (jar-s[y]a-mair-ee-as). Finable; liable to be fined at the discretion of a feudal superior. A villein who gave his daughter in marriage was gersumarius - he was liable to pay a fine to the lord.

geschmacksmuster Patents. [German], See design patent under PATENT.

gestalt factors The criteria that a court uses in a minimum-contacts analysis to determine the reasonableness of subjecting a nonresident to personal jurisdiction. These fairness criteria include (1) the defendant's burden of making a personal appearance, (2) the forum state's interest in adjudicating the dispute, (3) the plaintiff's interest in obtaining convenient and eftective relief, (4) the judicial system's interest in arriving at the most effective resolution of the controversy, and (5) the common interests of all sovereigns in promoting substantive social policies. 'these factors were articulated by the United States Supreme Court in Burger King Corp. v. Rudzewicz, 471 U.S. 462, 478, 105 S.Ct. 2174, 2185 (1985), but the Court has never used the term Gestalt factors; it was coined in Donatelli v. National Hockey League, 893 F.2d 459, 465 (lst Cir. 1990). See MINIMUM CONTACTS.

gestational carrier See surrogate mother (1) under MOTHER.

gestational mother See birth mother under MOTHER.

gestational surrogacy See SURROGACY.

gestational surrogacy A pregnancy in which one woman (the genetic mother) provides the egg, which is fertilized, and another woman (the surrogate mother) carries the fetus and gives birth to the child.

gestational surrogate See surrogate mother (1) under MOTHER.

gestio (jes-chee-oh), [Latin], Roman law. 1. Behavior or conduct. See GESTIO PRO HEREDE. 2. The management of a thing, esp. a transaction. See NEGOTIORUM GESTIO. - Also termed GESTION.

gestio pro haerede (jes-chee-oh proh her-a-dee). [Latin "behavior as heir"], Roman. Scots law. An appointed heir's conduct (such as selling or leasing the decedent's property) that indicates the heir's intent to receive the inheritance and thereby take on the estate's debts; more broadly, any behavior as an heir. Also spelled gestio pro haerede.

gestor (jes-tor), n. [Latin], Roman law. 1. One who carries on a business. 2. NEGOTIORUM GESTOR. PI. gestores.

gestu etfama (jes-t[y]oo et fay-ma). [Latin "demeanor and reputation"]. A writ used by a person who had been imprisoned because of a poor reputation in the community to gain release from jail pending the arrival of justices with commissions of gaol delivery. See COMMISSION OF GAOL DELIVERY.

gestum (jes-tam), n. [Latin], Roman law. A deed or an act; a thing done. Gestum is synonymous with factum. See FACTUM (2).

gesture A motion of the body calculated to express a thought or emphasize a certain point <the prosecutor was known for her dramatic gestures during closing argument>.

get 1. A rabbinical divorce; a Jewish divorce. 2. Under Jewish law, a document Signed by a rabbi to grant adivorce. Under Jewish law, a Jewish divorce can be obtained only after the husband has given the get to the wife, who must voluntarily accept it. Also spelled gett. Pl. gittin. See rabbinical divorce under DIVORCE.

get-up See TRADE DRESS.

gewrit A deed, charter, or similar writing.

ghost detainee See secret detainee.

ghost detainee- See secret detainee under DETAINEE.

ghosting The assumption of the identity of a deceased person to conceal one's true identity. Cf. IDENTITY THEFT.

gI loan See veteran's loan under LOAN.

gibbet (jib-it). A post with one arm extending from the top, from which criminals are either executed by hanging or suspended after death as a warning to other potential offenders; a type of gallows.

gibbet law See HALIFAX LAW.

GIC See guaranteed investment contract under INVESTMENT CONTRACT.

GIFT abbr. GAMETE INTRAFALLOPIAN TRANSFER.

gift 1. The voluntary transfer of property to another without compensation. 2. A thing so transferred. gift, vb.

gift causa mortis (kaw-za mor-tis). A gift made in contemplation of the donor's imminent death. The three essentials are that (1) the gift must be made with a view to the donor's present illness or peril, (2) the donor must actually die from that illness or peril, without ever recovering, and (3) there must be a delivery. Even though causa mortis is the more usual word order in modern law, the correct Latin phrasing is mortis causa - hence gift mortis causa. Also termed donatio causa mortis; donatio mortis causa; gift in contemplation ofdeath; transfer in contemplation of death. See CONTEMPLATION OF DEATH. "[Gifts causa mortis] are conditional, like legacies; and it is essential to them that the donor make them in his last illness, or in contemplation and expectation of death; and with reference to their effect after his death, they are good, notwithstanding a previous will; and if he recovers, the gift becomes void." 2 James Kent, Commentaries on American Law *444 (George Comstock ed., 11th ed. 1866). "A 'gift causa mortis' ... is testamentary, and it is similar to testamentary disposition in the respect that there remains with the donor the power to revoke the gift until his death. In some respects, a gift causa mortis may be said to resemble a contract, for mutual consent and the concurrent will of both parties are necessary to the validity of the transfer." 38A CJ.S. Gifts § 85, at 276-77 (1996).

gift deed A deed given for a nominal sum or for love and affection.

gift deed- See DEED.

gift enterprise 1. A scheme for the distribution of items by chance among those who have purchased shares in the scheme. 2. A merchant's scheme to increase sales without lowering prices by giving buyers tickets that carry a chance to win a prize. Gift enterprises are regulated by state law. See LOTTERY.

gift in contemplation of death See gift causa mortis.

gift in trust A gift of legal title to property to someone who will aet as trustee for the benefit of a beneficiary.