GPOabbr. GOVERNMENT PRINTING OFFICE. |
grab lawThe various means of debt collection involving remedies outside the scope of federal bankruptcy law, such as attachment and garnishment; aggressive collection practices. |
grace period1. A period of extra time allowed for taking some required action (such as making payment) without incurring the usual penalty for being late. Insurance policies typically provide for a grace period of 30 days beyond the premium's due date, during which the premium may be paid without the policy being canceled. And Article 9 of the UCC provides for a 10-day grace period, after the collateral is received, during which a purchase-money security interest must be perfected to have priority over any conflicting security interests. - Also termed days ofgrace; grace days. 2. Patents. The one-year interval allowed by the U.S. Patent Act between the time an invention is used in public, sold, offered for sale, or disclosed in a publication and the time the inventor applies for a patent. Most countries follow the doctrine of absolute priority and do not allow a grace period. Sometimes shortened to grace. Cf. STATUTORY BAR; absolute novelty under NOVELTY. |
gradatim(gra-day-tam), adv. [Latin], Roman law. Gradually; by successive degrees of relationship. Gradatim refers to the step-by-step admission of successors when there is no heir next in line. See GRADUS. |
gradeAn incremental step in the scale of punishments for offenses, based on a particular offense's seriousness <several grades of murder>. See DEGREE (2). |
graded offenseA crime that is divided into various degrees of severity with corresponding levels of punishment, such as murder (first-degree and second-degree) or assault (simple and aggravated). See DEGREE (2). |
graded offenseSee OFFENSE (1). |
gradingThe fixing of a criminal offense at a level of seriousness, such as first degree, second degree, or third degree (in reference to a felony), or Class A, Class B, or Class C (in reference to a misdemeanor). See DEGREE OF CRIME. |
gradual methodAn intestate-inheritance scheme that gives priority to relatives who are nearest in degree of consanguinity. This method dates back to the English Statute of Distributions (1670). Cf. PARENTELIC METHOD; UNIVERSAL INHERITANCE RULE. |
graduated leaseSee LEASE. |
graduated mortgageSee graduated-payment mortgage under MORTGAGE. |
graduated taxSee TAX. |
graduated tax1. A tax employing a rate schedule with higher marginal rates for larger taxable bases (income, property, transfer, etc.) 2. See progressive tax. |
graduated-payment adjustable-rate mortgageSee MORTGAGE. |
graduated-payment mortgageSee MORTGAGE. |
gradus(gray-das), n. [Latin "step"], 1. Roman law. A step or degree in the familial relationship. The term iden tified a position in the order of succession under a will. 2. A degree, rank, or grade; specif., the rank of a master-in-chancery or a serjeant-at-law. |
graffer(graf-ar). A notary or scrivener. Also termed graffarius. |
graffium(graf-ee-am). A register or cartulary of deeds and other documents establishing title to property, esp. real property. Also spelled grafium. |
grafio(gray-fee-oh). [Law Latin]. 1. A baron; a viscount. A grafio was inferior to a count. 2. A fiscal judge, responsible for collecting taxes and fines. The term was chiefly used among early European nations. |
graft1. The act of using a position of trust to gain money or property dishonestly; esp., a public official's fraudulent acquisition of public funds. 2. Money or property gained illegally or unfairly. |
graham factorsA three-part test for determining obviousness under § 103 of the Patent Act of 1952, looking at (1) the scope and content of the prior art, (2) the differences between the prior art and the patent claims, and (3) the level of ordinary skill in the pertinent art. Graham v. John Deere Co. ofKansas City, 383 U.S. 1, 86 S.Ct. 684 (1966). See NONOBVIOUSNESS. |
grain inspection, packers, and stockyards administrationAn agency in the U.S. Department of Agriculture responsible for helping to market meat, cereals, and related agricultural products, and for promoting fair trade practices. - Abbr. GIPSA. |
grain rentSee crop rent. |
grain rentSee crop rent under RENT (1). |
grammatical interpretationInterpretation that is based exclusively on the words themselves. |
grammatical interpretationSee INTERPRETATION. |
granageA duty consisting of one-twentieth of the salt imported by an alien into London. |
granatarius(gran-a-tair-ee-as). [Law Latin]. An officer in charge of a granary, esp. one in charge of a religious house's granary. |
grandadj. Of or relating to a crime involving the theft of money or property valued more than a statutorily established amount, and therefore considered more serious than those involving a lesser amount <grand theft>. See grand larceny under LARCENY. Cf. PETTY. |
grand assize(often cap.) A sworn panel summoned by judicial writ to resolve disputes concerning real property. Henry II instituted the Grand Assize in the 12th century as an alternative to trial by battle. Also termed magna assisa. |
grand assize-See ASSIZE (5). |
grand bill of sale1. Hist. An instrument used to transfer title to a ship that is at sea. 2. An instrument used to transfer title of a ship from the builder to the first purchaser. |
grand bill of sale-See BILL (7). |
grand capeSee cape magnum under CAPE. |
grand coutumier de pays et duche de normandie(gron koo-t[y]oo-myay da pay ay da-shay do nor-man-dee). [French]. A collection of the common or custom ary laws of the Duchy of Normandy. The code was probably compiled in the 13th century, and it still remains the law of Jersey, except to the extent that it has been modified by later legislation and judicial deci sions. See CLAMEUR DE HARO. |
grand day1. One of four holy days on which the courts were not in session. Each of the four court terms had a Grand Day. The four Grand Days were Candlemas Day (February Ascension Day (March 25), St. John the Baptist Day (June 24), and All Saints' Day (November 1). The Inns of Court and of Chancery ceremoniously observed each Grand Day. 2. A day in each term on which the Benchers of the Inns of Court host ceremonial dinners in their halls. See BENCHER. Cf. TERM (6). |
grand distressIn a quare impedit action in which the defendant has failed to appear, a distress of the defendant's goods and lands to compel the defendant's appearance. |
grand distress-See DISTRESS. |
grand inquestSee INQUEST. |
grand inquest1. An impeachment proceeding. 2. (cap.) The survey of the lands of England in 1085-1086, by order of William the Conqueror, and resulting in the Domesday Book Also termed Great Inquest; Grand Survey; Great Survey. See DOMESDAY BOOK. 3. Grand jury. |
grand jurorA person serving on a grand jury. |
grand jurorSee JUROR. |
grand juryA body of (usu. 16 to 23) people who are chosen to sit permanently for at least a month and sometimes a year and who, in ex parte proceedings, decide whether to issue indictments. See Fed. R. Crim. P. 6. If the grand jury decides that evidence is strong enough to hold a suspect for trial, it returns a bill ofindictment (a true bill) charging the suspect with a specific crime. Also termed accusing jury; presenting jury; jury of indictment. Cf. petit jury under JURY. "The grand jury serves or may serve two distinct functions. One is a screening function; the grand jury evaluates evidence supporting possible charges and returns an indictment only in those cases in which the evidence amounts to at least probable cause.The other is an investigatorial function; the grand jury sometimes develops infor· mation that is of value in determining whether grounds for a charge exist and perhaps incidentally -- in proving that charge at the defendant's later criminal trial." Frank W. Miller et aI., Cases and Materials on Criminal justice Administration 546 (3d ed. 1986). |
grand jurySee GRAND JURY. |
grand jury clauseThe clause of the Fifth Amendment to the U.S. Constitution requiring an indictment by a grand jury before a person can be tried for serious offenses. |
grand larcenyLarceny of property worth more than a statutory cutoff amount, usu. $100. Cf. petit larceny. "The English law, as the result of an early statute [the Statute of Westminster I, ch. 15 (1275)]. classified this offense [larceny] as either (1) grand larceny or (2) petit larceny (now frequently written petty larceny), the former being a capital offense and the latter punishable by forfeiture of goods and whipping, but not death. Both, as mentioned earlier, were felonies. The offense was grand larceny if the value of the property stolen exceeded twelve pence and petit larceny if it did not. Modern statutes very generally retain this same classification (sometimes without using these labels) but with different penalties and different values set as the dividing line." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 335 (3d ed. 1982). |
grand larcenySee LARCENY. |
grand listSee ASSESSMENT ROLL. |
grand remonstrance(ri-mon-strants). A protest document issued by the House of Commons in 1641, setting forth numerous political grievances against Charles 1. The document demanded three primary remedial measures; (1) improvements in the administration of justice, (2) appointment of trustworthy ministers, and (3) enforcement of the laws against Roman Catholics. It was the first major split between the Royalist and Parliamentary parties, and it led Charles to seek the arrest of the five members who pushed the document through the Commons. |
grand serjeantySerjeanty requiring the tenant to perform a service relating to the countrys defense. The required service could be as great as fielding an army or as small as providing a fully equipped knight. Sometimes the service was ceremonial or honorary, such as carrying the kings banner or serving as an officer at the coronation. |
grand serjeantySee SERJEANTY. |
grand surveySee grand inquest (2) under INQUEST. |
grandfatherTo cover (a person) with the benefits of a grandfather clause <the statute sets the drinking age at 21 but grandfathers those who are 18 or older on the statute's effective date>. |
grandfather clause1. A clause in the constitutions of some Southern states exempting from suffrage restrictions the descendants of men who could vote before the Civil War. The U.S. Supreme Court held that a clause of this kind in the Oklahoma Constitution violated the 15th Amendment. Guinn v. United States, 238 U.S. 347, 35 S.Ct. 926 (1915). 2. A provision that creates an exemption from the law's effect for something that existed before the law's effective date; specif., a statutory or regulatory clause that exempts a class of persons or transactions because of circumstances existing before the new rule or regulation takes effect. 3. In a government contract, a provision that immunizes the contractor against any changes in federal law that would other wise adversely affect the contract. o For example, the government may promise to cover any increased costs that arise from a change in the law, even though the contractor would bear them for any other reason. 4. In a construction contract, a general and inclusive provisian that makes a party responsible for dealing with risks, whether expected or unexpected. |
grand-jury witnessSee WITNESS. |
grandparent applicationSee PATENT APPLICATION. |
grandparent applicationThe first-filed application in a chain of at least three continuation or continuationin-part patent applications. |
grandparent rightsA grandfather's or grandmother's rights in seeking visitation with a grandchild.By statute in most states, in certain circumstances a grandparent may seek court-ordered visitation with a grandchild. Typically these circumstances include the death of the grandparents' child (the child's parent) and the divorce of the child's parents. But the United States Supreme Court has held that the primary, constitutionally protected right of decision-making regarding association with a child lies with the child's parents. As a general rule, if the parent is a fit and proper guardian and objects to visitation, the parent's will prevails. Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054 (2000). |
grandparent visitationSee VISITATION. |
grange(graynj). 1. A farm furnished with all the necessities for husbandry, such as a barn, granary, and stables; esp., an outlying farm that belonged to a religious establishment or a feudal lord. 2. (cap.) A social, educational, and political organization, formally called the National Grange of the Patrons of Husbandry, that informs its members about agriculture-related legislation and proposals, and represents farm interests in lobbying government. The Grange was formed in 1867 and soon became the foundation of the Granger Movement, a 19th-century political force that protested economic abuses that increased farmers' costs while forcing down prices for agricultural products. Movement followers (called Grangers) controlled several Midwest state legislatures and passed Granger laws that set maximum rates for railroads, warehouses, and grain elevators. Railroads and other interested parties challenged the constitutionality of these laws in what have become known as the Granger Cases. |
granger cases(grayn-jar). Six U.S. Supreme Court decisions holding that the police power of the states enabled them, through legislation, to regulate fees charged by common carriers, warehouses, and grain elevators. The cases, decided in 1876, arose out of grangers" (i.e., farmers') frustration with the inflated prices they were paying to store and transport their agricultural products. When several state legislatures passed laws regulating those prices, the affected businesses sued to have the laws overturned on grounds that they violated the Commerce Clause and the Due Process Clause of the 14th Amendment. The Court rejected these claims, holding that the activities involved affected the public interest and were therefore subject to the government's regulatory authority. See GRANGE (2). |
granger movementSee GRANGE (2). |
grant1. An agreement that creates a right or interest in favor of a person or that effects a transfer of a right or interest from one person to another. Examples include leases, easements, charges, patents, franchises, powers, and licenses. 2. The formal transfer of real property. 3. The document by which a transfer is effected; esp., DEED. 4. The property or property right so transferred. |
grant-1. To give or confer (something), with or without compensation <the parents granted the car to their daughter on her 16th birthday>. 2. To formally transter (real property) by deed or other writing <the Lewisons granted the townhouse to the Bufords>. 3. To permit or agree to <the press secretary granted the reporter access to the Oval Office>. 4. To approve, warrant, or order (a request, motion, etc.) <the court granted the continuance>. 5. See SUBSIDY (3). |
grant deedA deed containing, or having implied by law, some but not all of the usual covenants of title; esp., a deed in which the grantor warrants that he or she (1) has not previously conveyed the estate being granted, (2) has not encumbered the property except as noted in the deed, and (3) will convey to the grantee any title to the property acquired after the date of the deed. |
grant deed-See DEED. |
grant of rightsA copyright owner's prepublication assignment to the publisher of all rights in exchange for a payment or an advance on royalties. |
grant to usesA conveyance of legal title to real property to one person for the benefit of another. If, tor example, A conveyed land to B and his heirs to the use of C and his heirs, B - the feoffee to uses acquired seisin in and had possession of the land and was considered the legal owner. C the cestui que use - was considered the equitable owner of the land and was entitled to the land's rents, profits, and benefits. Because the cestui que use did not have seisin in the land, he was not subject to feudal payments. From the 13th century torward, the grant to uses was an increasingly popular mode of conveyance. See CESTUI QUE USE; STATUTE OF USES; USE (4). |
grantbackA license-agreement provision requiring the licensee to assign or license back to the licensor any improvements that the licensee might make to a patent or other proprietary right. |
granteeOne to whom property is conveyed. |
grantee-grantor indexSee INDEX (1). |
grantee-grantor index-An index, usu. kept in the county clerk's or recorder's office, alphabetically listing by grantee the volume and page number ofthe grantee's recorded property transactions. In some jurisdictions, the grantee-grantor index is combined with the grantor-grantee index. |
grant-in-aid1. A sum of money given by a governmental agency to a person or institution for a specific purpose; esp., federal funding for a state public program. 2. AID (1). |
granting clauseThe words that transfer an interest in a deed or other instrument, esp. an oil-and-gas lease. In an oil-and-gas lease, the granting clause typically specifies the rights transferred, the uses permitted, and the substances covered by the lease. |
grantor1. One who conveys property to another. 2. SETTLOR (1). |
grantor trustSee TRUST. |
grantor-grantee indexSee INDEX (1). |
grantor-grantee index-An index, usu. kept in the county clerk's or recorder's office, alphabetically listing by grantor the volume and page number of the grantor's recorded property transactions. |
grantor-retained annuity trustSee TRUST. |
grantor-retained income trustSee TRUST. |
grantor-retained unitrustSee TRUST. |
grantor's lienSee vendor's lien under LIEN. |
grass hearthA tenant's customary service, consisting of the tenant's bringing his plow to the lord's land and plowing it for one day. |
grassum(gras-am). [Law Latin]. 1. Scots law. A Single lease payment made in addition to the periodic payments due under an agreement; a payment in addition to the rent paid by a tenant to the landlord. PI. grassums. "Grassum; an anticipation of rent in a gross or lump sum .... In questions with singular successors there is no limitation of the power to take grassums, only the rent must not be thereby diminished so as to be altogether elusory. In regard, however, to lands under entail, the heir in possession must administer the estate secundum bonum et aequum, taking no more of the annually accruing rents and profits than he leaves to descend to his successors. Hence, grassums, as being. in effect, anticipations of the future rents, to the prejudice of succeeding heirs, are held to be struck at by the prohibition against alienation." William Bell, Bell's Dictionary and Digest of the Laws of Scotland 492 (George Watson ed., 7th ed. 1890). 2. GRESSUME. 3. GERSUM (1). 4. GERSUM (2). |
GRATabbr. GRANTOR-RETAINED ANNUITY TRUST. |
gratia curiae(gray-shee-a kyoor-ee-ee or -i). [Latin], Favor of the court. Cf. RIGOR JURIS. |
gratia mandatarii(gray-shee-a man-da-tair-ee-i). [Latin]. For the sake of the mandatary. The phrase appeared in reference to the irrevocability of a mandate given solely for the mandatary's benefit. "Gratia mandatarii. .. In the general case, a mandate, being for the benefit of the mandant, may be recalled by him at pleasure. Mandates, however, which are granted solely for the sake (or advantage) of the mandatary, such as the mandate contained in the registration clause of a deed, whereby the granter gives authority for its registration, are not revocable." John Trayner, Trayner's Latin Maxims 237 (4th ed. 1894). |
gratificationA voluntarily given reward or recompense for a service or benefit; a gratuity. |
gratis(grat-is or gray-tis), adj. Free; without compensation. |
gratis dictum(gray-tis dik-tam). 1. A voluntary statement; an assertion that a person makes without being obligated to do so. 2. A court's stating of a legal principle more broadly than is necessary to decide the case. 3. A court's discussion of points or questions not raised by the record or its suggestion of rules not applicable in the case at bar. |
gratis dictum-See DICTUM. |
gratuitous(gra-t[y]oo-a-tas), adj. 1. Done or performed without obligation to do so; given without consideration in circumstances that do not otherwise impose a duty <gratuitous promise>. Cf. ONEROUS (3). 2. Done unnecessarily <gratuitous obscenities>. gratuity, n. |
gratuitous allowanceA pension voluntarily granted by a public entity . The gratuitous (rather than contractual) nature of this type of allowance gives the pensioner no vested rights in the allowance. |
gratuitous allowance-See ALLOWANCE (1). |
gratuitous assigneeAn assignee under an assignment not given for value. |
gratuitous assignee-See ASSIGNEE. |
gratuitous assignmentAn assignment not given for value; esp., an assignment given or taken as security for or in total or partial satisfaction of a preexisting obligation. |
gratuitous assignment-See ASSIGNMENT (2). |
gratuitous bailmentA bailment for which the bailee receives no compensation, as when one borrows a friend's car. A gratuitous bailee is liable for loss of the property only if the loss is caused by the bailee's gross negligence. Also termed naked bailment; depositum; naked deposit; gratuitous deposit; deposit; bailment for sole benefit of bailor. |
gratuitous bailment-See BAILMENT. |