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affilare (af-a-Iair-ee), vb. [Law Latin]. To put on record; to file.

affile (a-fil), vb. Archaic. To file.

affiliate (a-fiI-ee-it), n. 1. A corporation that is related to another corporation by shareholdings or other means of control; a subsidiary, parent, or sibling corporation. 2. Securities. One who controls, is controlled by, or is under common control with an issuer of a security. SEC Rule Wb-18(a)(1) (17 CFR § 240.Wb-18(a)(1)). See CONTROL PERSON. Cf. ASSOCIATED PERSON. -affiliate (a-fil-ee-ayt), vb. affiliation (d-fil-ee-ay-shan), n.

affiliate click frand See FRAUD.

affiliate click fraud Click fraud committed by a third party who agrees to host the ad in exchange for payment based on the number of clicks. See click fraud.

affiliated director See outside director under DIRECTOR.

affiliated director See outside director.

affiliated group A chain of corporations that can elect to file a consolidated tax return because at least 80% of each corporation is owned by others in the group.

affiliated purchaser See PURCHASER (1).

affiliated purchaser Securities. Any of the following: (1) a person directly or indirectly acting in concert with a distribution participant in connection with the acquisition or distribution of the securities involved; (2) an affiliate who directly or indirectly controls the purchases of those securities by a distribution participant, or whose purchases are controlled by such a participant, or whose purchases are under common control with those of such a participant; (3) an affiliate, who is a broker or a dealer (except a broker-dealer whose business consists solely of effecting transactions in "exempted securities," as defined in the Exchange Act); (4) an affiliate (other than a brokerdealer) who regularly purchases securities through a broker-dealer, or otherwise, for its own account or for the account ofothers, or recommends or exercises investment discretion in the purchase or sale ofsecurities (with certain specified exceptions). SEC Rule 10b-18(a)(2) (17 CFR § 240.10b-18(a)(2)).

affiliation order See filiation order.

affiliation order See filiation order under ORDER (2).

affine (a-fin). A relative by marriage.

affinitas (a-fin-a-tas). [Latin]. Roman law. Relationship by marriage.

affinitas affinitatis (a-fin-i-tas a-fin-i-tay-tis), n. [Law Latin "affinity of affinity"]. Hist. Relationship by two marriages, e.g., with one's stepmother's stepchild; a connection that arises from marriage but is neither consanguinity nor affinity. Cf.CONSANGUINITY; AFFINITY.

affinity (a-fin-a-tee). 1. A close agreement. 2. The relation that one spouse has to the blood relatives of the other spouse; relationship by marriage. 3. Any familial relation resulting from a marriage. Cf. CONSANGUINITY. See relative by affinity under RELATIVE. Cf. AFFINITAS AFFINITATIS; CONSANGUINITY. 'There is no affinity between the blood relatives of one spouse and the blood relatives of the other. A husband is related by affinity to his wife'S brother, but not to the wife of his wife'S brother. There is no affinity between the hus· band's brother and the wife's sister; this is called affinitas affinitatis." 2 Charles E. Torcia, Wharton's Criminal Law § 242, at 573 (l5th ed. 1994).

affinity fraud See FRAUD.

affinity fraud- A fraud in which the perpetrator tailors the fraud to target members of a particular group united by common traits or interests that produce inherent trust. The perpetrator often is or pretends to be a member of the group. Investment scams such as Ponzi or pyramid schemes are common forms of affinity fraud. When a religious group is targeted, it is usu. called religious-affinity fraud.

affirm 1. To confirm (a judgment) on appeal. Sometimes, the verb is used without a direct object <We affirm>. The equivalent expression in British English is to deny the appeal. 2. To solemnly declare rather than swear under oath. 3. To testify or declare by affirmation.

affirmance 1. A ratification, reacceptance, or confirmation. "A party who has the power of avoidance may lose it by action that manifests a willingness to go on with the contract. Such action is known as 'affirmance' and has the effect of ratifying the contract. See Restatement of Restitution § 68. The rule stated in this Section is a special application of that stated in § 85, under which a promise to perform a voidable duty is binding. On ratification, the affirming party is bound as from the outset and the other party continues to be bound." Restatement (Second) of Contracts § 380 emt. a (1979). 2. The formal confirmation by an appellate court of a lower court's judgment, order, or decree. 3. The manifestation of a choice by someone with the power of avoidance to treat a voidable or unauthorized transaction as valid or authorized. 4. The manifestation of a choice, by one on whose behalf an unauthorized act has been performed. to treat the act as authorized. Restatement (Second) of Agency § 83 (1958). affirm, vb.

affirmance day general See DAY.

affirmance day general- In the Court of Exchequer, a day appointed after the beginning of every term to affirm or reverse judgments.

affirmant A person who testifies under affirmation and not under oath.

affirmation A solemn pledge equivalent to an oath but without reference to a supreme being or to swearing; a solemn declaration made under penalty of perjury, but without an oath. Fed. R. Evid. 603; Fed. R. Civ. P. 43(b).o While an oath is "sworn to," an affirmation is merely "affirmed," but either type of pledge may subject the person making it to the penalties for perjury. Cf. OATH. affirm, vb. affirmatory, adj.

affirmative adj. 1. Supporting the existence of certain facts <affirmative evidence>. 2. Involving or requiring effort <an affirmative duty>.

affirmative action A set of actions designed to eliminate existing and continuing discrimination, to remedy lingering effects of past discrimination, and to create systems and procedures to prevent future discrimination. See reverse discrimination under DISCRIMINATION.

affirmative charge See affirmative instruction under JURY INSTRUCTION.

affirmative condition See positive condition under CONDITION (2).

affirmative condition- See positive condition.

affirmative converse instruction See JURY INSTRUCTION.

affirmative converse instruction An instruction presenting a hypothetical that, if true, commands a verdict in favor of the defendant. An affirmative converse instruction usu. begins with language such as "your verdict must be for the defendant if you believe ...."

affirmative covenant 1. See COVENANT (1). 2. See COVENANT (4).

affirmative covenant- A covenant that obligates a party to do some act; esp., an agreement that real property will be used in a certain way. An affirmative covenant is more than a restriction on the use of property. For the real-property sense, see affirmative covenant under COVENANT (4). Cf. negative covenant.

affirmative covenant. An agreement that real property will be used in a certain way. An affirmative covenant is more than a restriction on the use of property. It requires the owner to undertake certain acts on the property. For a more general definition of this term, see affirmative covenant under COVENANT (1).

affirmative defense See DEFENSE (1).

affirmative defense- A defendant's assertion of facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all the allegations in the complaint are true. The defendant bears the burden of proving an affirmative defense. Examples of affirmative defenses are duress (in a civil case) and insanity and self-defense (in a criminal case). Also termed plea in avoidance; plea in justification. Cf. negative defense; CONFESSION AND AVOIDANCE.

affirmative duty See DUTY (1).

affirmative duty- A duty to take a positive step to do something.

affirmative easement See EASEMENT.

affirmative easement- An easement that forces the servient -estate owner to permit certain actions by the easement holder, such as discharging water onto the servient estate. Also termed positive easement. Cf. negative easement. "Positive easements give rights of entry upon the land of another, not amounting to profits, to enable something to be done on that land. Some are commonplace, examples being rights of way across the land of another and rights to discharge water on to the land of another. Others are more rare, such as the right to occupy a pew in a church, the right to use a kitchen situated on the land of another for the purpose of washing and drying clothes, and the right to use a toilet situated on the land of another." Peter Butt, Land Law 305 (2d ed. 1988).

affirmative injunction See mandatory injunction under INJUNCTION.

affirmative injunction See mandatory injunction.

affirmative instruction An instruction that removes an issue from the jury"s consideration, jury instruction such as an instruction that whatever the evidence, the defendant cannot be convicted under the indictment count to which the charge is directed. Also termed affirmative charge.

affirmative instruction See JURY INSTRUCTION.

affirmative misconduct See MISCONDUCT.

affirmative plea See pure plea.

affirmative plea See pure plea under PLEA (3).

affirmative pregnant A positive statement that ambiguously implies a negative; a statement that does not explicitly deny a charge, but instead answers an unasked question and thereby implies culpability, as when a person says "I returned your car yesterday" to the charge "You stole my car!" Cf. NEGATIVE PREGNANT.

affirmative proof See PROOF.

affirmative proof Evidence establishing the fact in dispute by a preponderance ofthe evidence.

affirmative relief The relief sought by a defendant by raising a counterclaim or cross-claim that could have been maintained independently of the plaintiff s action.

affirmative relief See RELIEF.

affirmative representation See REPRESENTATION (1).

affirmative representation A representation asserting the existence of certain facts to a given subject matter.

affirmative servitude See positive servitude.

affirmative servitude See positive servitude under SERVITUDE (2).

affirmative statute A law requiring that something be done; one that directs the doing of an act. Cf. negative statute.

affirmative statute See STATUTE.

affirmative testimony See TESTIMONY.

affirmative warranty See WARRANTY (3).

affirmative waste See commissive waste under WASTE (1).

affix (a-fiks), vb. 1. To attach, add to, or fasten on permanently. See FIXTURE. 2. Trademarks. To attach, physically or functionally, a trademark or servicemark to the goods or services it represents . A mark must be affixed to show that it is used in trade. Where phYSical attachment is impossible or impracticable, the mark may be used on a container or tag, or (esp. with service marks) displayed prominently in advertising. - affixation, n. (af-ik-say-shan).

affixus (a-fik-sas). [Latin]. Roman law. Affixed or fastened to.

afforare (af-a-rair-ee), vb. [Law Latin]. To set a price or value on a thing.

afforce (a-fors), vb. To strengthen (a jury) by adding new members.

afforcement (a-fors-mant), n. [Law Latin]. Hist. 1. A reinforcement or fortification; esp., the reinforcing of a court on a solemn or extraordinary occasion. 2. A fortress. Also termed afforciament (a-for-sha-mant); afforciamentum (a-for-shee-a-men-tam).

afforcing the assize A method of securing a jury verdict from a hung jury either by denying food and drink to the members until they reached a verdict or by bringing in new jurors until 12 would agree.

afforest To convert (land) into a forest, esp. by subjecting it to forest law. - afforestation, n.

affranchir (a-frahn-sheer).See AFFRANCHISE.

affranchise (a-fran-chiz), vb. Archaic. To set free; to liberate from servitude or an obligation. The equivalent verb in Law French was affranchir.

affray (a-fray). The fighting, by mutual consent, of two or more persons in some public place, to the terror of onlookers. The fighting must be mutual. If one person unlawfully attacks another who resorts to self-defense, the first is guilty of assault and battery, but there is no affray. Also termed fray. Cf. RIOT; unlawful assembly under ASSEMBLY; ROUT. "An affray differs from a riot, a rout, or an unlawful assembly in that an affray is not premeditated and in order to constitute a riot, a rout, or an unlawful assembly at least three participants are essential, while ... an affray may be committed by only two. Moreover, an affray is more of a private nature than a riot." 2A c.j.S. Affrav § 3, at 519 (1972). "The word 'affray' comes from the same source as the word 'afraid,' and the tendency to alarm the community is the very essence of this offense." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 479 (3d ed. 1982).

affrectamentum (a-frek-ta-men-tam). See AFFREIGHTMENT.

affreightment (a-frayt-mant).The contracting of a ship to carry cargo. Also termed charter of affreightment; (in French law) affretement; (in Law Latin) affrectamentum. See CONTRACT OF AFFREIGHTMENT.

affretement See AFFREIGHTMENT.

afis abbr. AMERICAN FORCES INFORMATION SERVICE.

AFL CIO abbr. AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS.

aforce (ay fors). [Law French] Of necessity.

aforethought (a-for-thawt), adj. Thought of in advance; deliberate; premeditated <malice aforethought>. See MALICE AFORETHOUGHT.

African Development Foundation A nonprofit federal foundation that supports the self-help efforts of poor people in African countries by making grants and by making and guaranteeing loans to any African entity engaged in peaceful activities that enable African people to develop more fully. ADF was created by the African Development Foundation Act and began operating in 1984. 22 USCA § 290h. - Abbr. ADF.

after cost See COST (1).

after cost- A delayed expense; an expense, such as one for repair under a warranty, incurred after the principal transaction.

after market See secondary market under MARKET.

after the fact Subsequent to an event of legal significance <accessory after the fact>.

after-acquired domicile See DOMICILE.

after-acquired domicile- A domicile established after the facts relevant to an issue arose. An afteracquired domicile cannot be used to establish jurisdiction or choice oflaw.

after-acquired property 1. Secured transactions. A debtor's property that is acquired after a security transaction and becomes additional security for payment of the debt. UCC § 9-204. Also termed futureacquired property. 2.Bankruptcy. Property that the bankruptcy estate acquires after commencement of the bankruptcy proceeding. 11 USCA § 541(a)(7). 3. Wills & estates. Property acqUired by a person after making a will. - The old rule was that a testamentary gift of personal property spoke at the time of the testator's death, whereas a gift of lands spoke from the date of the will's execution (so that afteracquired property was not disposed of), but this has been changed by legislation in most states.

after-acquired title See TITLE (2).

after-acquired-evidence doctrine Employment law. The rule that, if an employer discharges an employee for an unlawful reason and later discovers misconduct sufficient to justify a lawful discharge, the employee cannot win reinstatement. The doctrine either shields the employer from liability or limits the available relief when, after an employee has been terminated, the employer learns for the first time that the employee engaged in wrongdOing that would have resulted in a discharge anyway. McKennon v. Nashville Banner Publ'g Co., 513 U.S. 352, US S.Ct. 879 (1995).

after-acquired-property clause A mortgage provision that makes any later-acquired real estate subject to the mortgage.

after-acquired-title clause Oil & gas. A provision in an oil-and-gas lease extending the lease's coverage to include any interest in the property that the lessor may obtain after the lease is signed. A common formulation is "This lease covers all the interest now owned by or hereafter vested in the lessor.

after-acquired-title doctrine The principle that title to property automatically vests in a person who bought the property from a seller who acquired title only after purporting to sell the property to the buyer.

afterborn child See CHILD.

afterborn child- A child born after execution of a will or after the time in which a class gift closes. Also spelled after-born child. See afterborn heir under HEIR. Cf. posthumous child.

afterborn heir See HEIR.

afterborn heir- One born after the death of an intestate from whom the heir is entitled to inherit. See afterborn child under CHILD.

aftercare See juvenile parole under PAROLE.

aftra abbr. AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS.

ag abbr. ATTORNEY GENERAL.

against the form of the statnte Contrary to the statutory requirements. This formal phrase, which traditionally concludes an indictment, indicates that the conduct alleged contravenes the cited statute and therefore constitutes a criminal offense. In modern contexts, the full conclusion often reads: "against the form of the statute in such case made and provided." The phrase is a translation of the Law Latin contra formam statuti.

against the weight of the evidence (Of a verdict or judgment) contrary to the credible evidence; not sufficiently supported by the evidence in the record. See WEIGHT OF THE EVIDENCE.