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guaranty letter of credit See standby letter of credit under LETTER OF CREDIT.

guaranty of collection A guaranty that is conditioned on the creditor's having first exhausted legal remedies against the principal debtor before suing the guarantor. See guarantor ofcollectibility under GUARANTOR.

guaranty of payment A guaranty that is not conditioned on the creditor's exhausting legal remedies against the principal debtor before suing the guarantor. See guarantor ofpayment under GUARANTOR.

guaranty stock A savings-and-loan associations stock yielding dividends to the holders after dividends have been paid to the depositors.

guaranty stock See STOCK.

guaranty treaty See guarantee treaty under TREATY (1).

guard See DOORKEEPER.

guardage 1. WARDSHIP. 2. GUARDIANSHIP.

guardhouse lawyer See JAILHOUSE LAWYER.

guardian 1. One who has the authority and duty to care for another's person or property, esp. because of the other's infancy, incapacity, or disability. A guardian may be appointed either for all purposes or for a specific purpose. - Abbr. gdn. - Also termed custodian. See CONSERVATOR. Cf. WARD (1).

guardian ad litem (ad li-tem or -tam). A guardian, usu. a lawyer, appOinted by the court to appear in a lawsuit on behalf of an incompetent or minor party. Abbr. GAL Also termed special advocate; special guardian; law guardian. Cf. NEXT FRIEND; attorney ad litem under ATTORNEY. "[i]t is necessary to determine whether the lawyer has been appointed as a guardian ad litem (GAL) charged with representing the child's best interests, or as an advocate, serving as counsel to the child .... From the distinction between guardian and advocate flow a series of important consequences, including such matters as whether the attorney may file motions and examine witnesses, whether the attorney may file a report with the court. and whether the attorney may testify. Moreover, in most jurisdictions a GAL has an absolute quasi·judicial immunity for lawsuits for negligence .... Although a non-lawyer cannot serve as counsel to the child, such an individual might be a GAL or 'special advocate' in some states. Courts have struggled to clarify these roles, and define how children's representatives may participate in different types of proceedings." Homer H. ClarkJr. & Ann Laquer Estin, Domestic Relations: Cases ana Problems 1078 (6th ed. 2000).

guardian by custom A person who, under local custom, had the right to act as a minor's guardian.

guardian by election A guardian chosen by a ward who would otherwise be without one.

guardian by estoppel See quasi-guardian.

guardian by nature The parental guardian ofan heir apparent who has not yet reached the age of 21. Although the common law recognized the father as a guardian by nature and the mother as one only after the father's death, most states have given both parents equal rights ofguardianship over their children (see, e.g., N.Y. Dom. ReI. Law § 81). - Also termed natural guardian.

guardian by nurture The parental guardian of a child who is not the heir apparent, lasting until the child reaches the age of 14. Also termed guardian for nurture. "There are also guardians for nurture, which are, of course, the father or mother, till the infant attains the age of fourteen years and, in default of father or mother, the ordinary usually assigns some discreet persons to take care ofthe infant's personal estate, and to provide for his maintenance and education." 1 William Blackstone, Com· mentaries on the Laws of England 449 (1765).

guardian by statute See statutory guardian.

guardian de son tort (da sawn [or son] tor[t]). See quasi-guardian.

guardian for nurture See guardian by nurture.

guardian in chivalry A guardian who, by virtue of knight's service, had custody of the body and lands of a male heir under 21 or a female heir under 14. This type of guardian had no accountability for profits.

guardian in socage New York law. A guardian for a child who has acquired lands by descent. A guardian is usu. a relative who could not possibly inherit from the child. This type of guardianship applies to both the person and the property of the child and, historically, lasted only until the child was 14, when the child was allowed to select a guardian; now it lasts until the child reaches age 18 or is emancipated.

guardian of property See guardian ofthe estate.

guardian of the estate A guardian responsible for taking care of the property of someone who is incapable of caring for his or her own property because of infancy, incapacity, or disability. - Also termed guardian of property.

guardian of the person A guardian responsible for taking care of someone who is incapable of caring for himself or herself because of infancy, incapacity, or disability.

guardian of the poor A person in charge of the relief and maintenance of the poor in a parish. Guardians of the poor administered poor-relief funds raised under the Poor Relief Act of 1601. The function is now performed by local authorities.

guardian of the spiritualities A person who exercises the spiritual and ecclesiastical jurisdiction of a diocese during a vacancy in the see or the absence of the bishop.

guardian of the temporalities The person to whom custody of the secular possessions of a vacant see or abbey is committed by the Crown. Temporalities (secular possessions) are the land, revenue, and tenements that archbishops and bishops have had annexed to their sees.

guardianship 1. The fiduciary relationship between a guardian and a ward or other incapacitated person, whereby the guardian assumes the power to make decisions about the ward's person or property. A guardianship is almost always an involuntary procedure imposed by the state on the ward. Cf. CONSERVATOR SHIP; INTERDICTION. 2. The duties and responsibilities of a guardian. Also termed GUARDAGE.

guardianship of the estate A guardianship in which the guardian can make decisions only about matters regarding the ward's assets and property.

guardianship of the person A guardianship in which the guardian is authorized to make all significant decisions affecting the ward's well-being, including the ward's physical custody, education, health, activities, personal relationships, and general welfare.

gubernator navis (g[y]oo-bar-nay-tar nay-vis). [Latin "ship helmsman"], Roman law. The pilot or steersman of a ship. The gubernator navis could be sued for damages ifhe negligently caused a collision.

guerrilla warfare See WARFARE.

guest 1. A person who is entertained or to whom hospitality is extended. 2. A person who pays for services at an establishment, esp. a hotel or restaurant. 3. A nonpaying passenger in a motor vehicle.

guest statute A law that bars a nonpaying passenger in a noncommercial vehicle from suing the host-driver for damages resulting from the driver's ordinary negligence. Though once common, guest statutes remain in force in only a few states. Also termed automobile-guest statute. Cf. FAMILY-PURPOSE RULE.

guidage 1. A toll or fee for guiding a traveler through strange or dangerous territory. 2. The act of guiding a traveler through strange or dangerous territory.

guild 1. A group of persons sharing a common vocation who unite to regulate the affairs of their trade in order to protect and promote their common vocation; a voluntary society or fraternity of persons employed in the same trade or craft, formed for the mutual benefit and protection of its members, who pay a fee (a geld or gild) for its general expenses. Also termed (in senses 1 and 2) trade guild. 2. Hist. A company or corporation.

guild rent Rent payable to the Crown by a guild. Also spelled gild-rent.

guild rent See RENT (1).

guildhall 1. The meeting place of a guild. Also spelled gildhall. 2. The chief hall of a city, used for holding court and the meetings of the municipal corporation.

guilt (bef. 12c), The fact or state of having committed a wrong, esp. a crime <the state's burden was to prove guilt beyond a reasonable doubt>. Cf. INNOCENCE.

guilt phase The part of a criminal trial during which the fact-finder determines whether the defendant committed a crime. Cf. PENALTY PHASE.

guiltless 1. Free from guilt; not haVing committed a wrong <guiltless of the crime>. 2. Having the quality or appearance of innocence <even though she confessed, the defendant looked guiltless>.

guilty adj. (bef. 12c), 1. Having committed a crime; responsible for a crime <guilty of armed robbery>. 2. Responsible for a civil wrong, such as a tort or breach of contract <guilty of fraudulent misrepresentation>. guiltily, adv.

guilty- 1. A plea of a criminal defendant who does not contest the charges. 2. A jury verdict convicting the defendant of the crime charged.

guilty but mentally ill A form of verdict in a criminal case whereby the jury rejects the defendant's insanity defense but still recommends psychiatric treatment because the detendant is mentally ilL Abbr. GBMI; GMI. - Also termed guilty but insane; guilty of the act, but so insane as not to be responsible. See INSANITY DEFENSE.

guilty mind See MENS REA.

guilty plea An accused person s formal admission in court of having committed the charged offense. A guilty plea must be made voluntarily and only after the accused has been informed of and understands his or her rights. It ordinarily has the same effect as a guilty verdict and conviction after a trial on the merits. A guilty plea is usu. of a plea bargain.

guilty plea See PLEA (1).

guilty verdict See VERDICT.

gun-control law A statute or ordinance that regulates the sale, possession, or use of firearms. Gun-control laws vary widely among the states, and many cities have gun-control ordinances. Federal law restricts and regulates the illegal sale, possession, and use of firearms. 18 USCA §§ 921-930. See BRADY ACT.

gun-free schools act A federal law designed to eliminate weapons in schools. 20 USCA § 7151. The Gun-Free Schools Act provides that each state receiving federal funds for elementary and secondary schools must require school districts to expel for one year any student found to have brought a weapon to school. The Act does, however, provide for a case-bycase modification ofthe expulsion requirement.

gun-jumping The act of unlawfully soliciting the public's purchase of securities before the SEC approves a registration statement; the making of offers after the filing of a registration statement, but before its effective date, when such offers violate the Securities Act. Also termed conditioning the market. See REGISTRATION STATEMENT.

gwalstow (gwawl-stoh). [fr. Old English gwal "gallows" + stow "place"]. A place where criminals were executed.

gynecocracy (gi-na-kok-ra-see also jin-a or jI-na-). Government by a woman or by women. - Also spelled gynaecocracy.

gyve (jiv). (usu. pl.). A shackle for the leg.

H abbr. 1. HOUSE OF REPRESENTATIVES. 2. House report. 3. See house bill under BILL (3). 4. In the citation of English statutes, a king named Henry. 5. In the Year Books, the Hilary term. See YEAR BOOKS (3); HILARY SITTINGS. 6. In tax assessments and other such official reports, a house.

H.B. See house bill under BILL (3).

H.C. abbr. 1. HOUSE OF COMMONS. 2. HABEAS CORPUS.

H.L abbr. HOUSE OF LORDS.

H.R abbr. HOUSE OF REPRESENTATIVES.

H.R. 10 plan See KEOGH PLAN.

hab.fa abbr. HABERE FACIAS POSSESSIONEM.

habe (hay-bee). [Law Latin], A form of the salutatory expression ave ("hail"). - Also termed have (hayvee).

habeas corpora juratorum (hay-bee-as kor-par-a juur-a-tor-am). [Law Latin "that you have the bodies of the jurors"]. A writ commanding the sheriff to bring in jurors and, if necessary, to take their lands and goods as security to ensure their attendance in court for a trial setting. - This writ issued from the Court of Common Pleas and served the same purpose as a distringas jurato res in the King's Bench. The writ was abolished in l852.

habeas corpus (hay-bee-as kor-pas). [Law Latin "that you have the body"]. A writ employed to bring a person before a court, most frequently to ensure that the person's imprisonment or detention is not illegal (habeas corpus ad subjiciendum) . o In addition to being used to test the legality of an arrest or commitment, the writ may be used to obtain judicial review of (1) the regularity of the extradition process, (2) the right to or amount of bail, or (3) the jurisdiction of a court that has imposed a criminal sentence. - Abbr. H.C. Sometimes shortened to habeas. - Also termed writ of habeas corpus; Great Writ. ''The writ of habeas corpus, by which the legal authority under which a person may be detained can be challenged, is of immemorial antiquity. After a checkered career in which it was involved in the struggles between the common-law courts and the Courts of Chancery and the Star Chamber, as well as in the conflicts between Parlia· ment and the crown. the protection of the writ was firmly written into English law by the Habeas Corpus Act of 1679. Today it is said to be 'perhaps the most important writ known to the constitutional law of England ....'" Charles Alan Wright, The Law of Federal Courts § 53, at 350 (5th ed. 1994) (quoting Secretary of State for Home Affairs v. O'Brien, [1923] A.C. 603, 609).

habeas corpus act 1. One of the four great charters of English liberty (31 Car. 2, 1679), securing to English subjects speedy relief from all unlawful imprisonments. The other three great charters are Magna Carta, the Petition of Right (3 Car. 1, 1628), and the Bill of Rights (1 Wm. & M. 1689). The Habeas Corpus Act does not apply in Scotland; the corresponding statute is the Criminal Procedure Act of 1701, ch. 6. 2. A statute deriving ultimately from the English statute and enacted in the United States as a constitutional guarantee of personal liberty.

habeas corpus ad deliberandum et recipiendum (hay-bee-as kor-pas ad di-lib-a-ran-dam et ri-sip-ee-en-dam). [Law Latin "that you have the body to consider and receive"]. A writ used to remove a person for trial from one county to the county where the person allegedly committed the offense. Cf. EXTRADITION.

habeas corpus ad faciendum et recipiendum (hay-bee-as kor-pas ad fay-shee-en-dam et ri-sip-ee-en-dam). [Law Latin "that you have the body to do and receive"]. A writ used in civil cases to remove the case, and also the body of the defendant, from an inferior court to a superior court. Also termed habeas corpus cum causa. See CERTIORARI.

habeas corpus ad prosequendum (hay-bee-as kor-pas ad prahs-a-kwen-dam). [Law Latin "that you have the body to prosecute"]. A writ used in criminal cases to bring before a court a prisoner to be tried on charges other than those for which the prisoner is currently being confined.

habeas corpus ad respondendum (hay-bee-as kor- pas ad ree-spon-den-dam). [Law Latin "that you have the body to respond"]. A writ used in civil cases to remove a person from one court's custody into that of another court, in which the person may then be sued.

habeas corpus ad satisfaciendum (hay-bee-as kor-pas ad sat-is-fay-shee-en-dam). [Law Latin "that you have the body to make amends"], In England, a writ used to bring a prisoner against whom a judgment has been entered to some superior court so that the plaintiff can proceed to execute that judgment.

habeas corpus ad subjiciendum (hay-bee-as kor-pas ad sab-jis-ee-en-dam). [Law Latin "that you have the body to submit to"]. A writ directed to someone detaining another person and commanding that the detainee be brought to court. Usu. shortened to habeas corpus.

habeas corpus ad testificandum (hay-bee-as kor-pas ad tes-ti-fi-kan-dam). [Law Latin "that you have the body to testify"]. A writ used in civil and criminal cases to bring a prisoner to court to testify.

habeas corpus cum causa See habeas corpus ad faciendum et recipiendum.

habendum clause (ha-ben-dam). The part of an instrument, such as a deed or will, that defines the extent of the interest being granted and any conditions affecting the grant. The introductory words to the clause are ordinarily to have and to hold. Also termed to-have-and-to-hold clause. 2. Oil & gas. The provision in an oil-and-gas lease defining how long the interest granted to the lessee will extend. Modern oil-and-gas leases typically provide for a primary term a fixed number of years during which the lessee has no obligation to develop the premises - and a secondary term (for "so long thereafter as oil and gas produced") once development takes place. Most jurisdictions require production of paying quantities to keep the lease in effect. - Often short ened to habendum. Also termed term clause. ''This part of the deed was originally used to determine the interest granted, or to lessen, enlarge, explain or qualify the premises. But it cannot perform the office of divesting the estate already vested by the deed; for it is void if it be repugnant to the estate granted. It has degenerated into a mere useless form; and the premises now contain the specification of the estate granted, and the deed becomes effectual without any habendum. If, however, the premises should be merely descriptive, and no estate mentioned, then the habendum becomes efficient to declare the intention; and it w',11 rebut any implication arising from the silence of the premises." 4 James Kent, Commentaries on American Law *468 (George Comstock ed., 11th ed. 1866),

habendum et tenendum (ha-ben-dam et ta-nen-dam). [Law Latin]. To have and to hold. This formal phrase appeared in land deeds and defined the estate or interest being transferred. See HABENDUM CLAUSE; TENENDlJM; TO HAVE AND TO HOLD.

habentes homines (ha-ben-teez hom-a-neez), n. [Law Latin "men who have"]. Rich men. Also termed foesting-men.

habere (ha-beer-ee), vb. [Latin "to have"] Roman law. To have (the right to) something.This term was some times distinguished from tenere (to hold) and possidere (to possess), with habere referring to the right, tenere to the fact, and possidere to both. '''Habere' has two meanings; for we say that the owner of a thing 'has' it and also that a nonowner who holds the thing 'has' it. Lastly, we use the wore;! in relation to property deposited with us." Digest of Justinian 45.1.38.9 (Ulpian, Ad Sabinum 49).

habere facias possessionem (ha-beer-ee fay-shee-as pa-zes[h]-ee-oh-nam), n. [Law Latin "that you cause to have possession"]. A writ giving a successful ejectment-action plaintiff the possession of the recovered land. If the sheriff delivered more than the person was entitled to, a writ of rehabere facias seisinam could compel the sheriff to return the excess. Often shortened to habere facias or hab. fa.

habere facias seisinam (ha-beer-ee fay-shee-as see-zi-nam), n. [Law Latin "that you cause to have seisin"]. A writ of execution commanding the sheriff to give the applicant seisin of the recovered land. This writ was the proper process for giving seisin of a freehold, as distinguished from giving only a chattel interest in land. See SEISIN.

habere facias visum (ha-beer-ee fay-shee-as vi-sam or -zam), n. [Law Latin "that you cause to have a view"]. A writ allowing a litigant to inspect the lands in controversy.

habere licere (ha-beer-ee li-seer-ee), vb. [Latin "to allow to have"], Roman law. To stipulate to a purchaser's right to possess and enjoy property undisturbed. The term denoted a seller's duty to indemnify the purchaser if the purchaser was evicted. An evicted purchaser could raise an action on the stipulation or, under Justinian, an actio ex empto against the seller.

habili et competente forma (hab-a-li et kom-pa-ten-tee for-ma). [Latin]. In a fit and competent manner.

habili modo (hab-a-li moh-doh). [Latin]. In a fit manner; sufficiently.

habilis causa transferendi dominii (hab-a-lis kaw-za trans-fa-ren-di da-min-ee-i). [Law Latin]. An adequate title for transferring the property. The phrase appeared in reference to the grantor's power and intention to convey the property; the title had to be sufficient to support the conveyance of property. Also spelled habilis causa transferrendi dominii.

habit and repute [fr. Latin habitus et reputatus "held and reputed"], Scots law. A person's reputation. Marriage could formerly be constituted if one was generally held and reputed to be married. And it was an aggravation of theft to be held and reputed a thiet:

habit evidence Evidence of one's regular response to a repeated specific situation. Fed. R. Evid. 406.

habit evidence- See EVIDENCE.

habitability The condition of a building in which inhabitants can live free of serious defects that might harm health and safety <lack of running water adversely affects the apartment's habitability>.

habitability, implied warranty of See implied warranty of habitability under WARRANTY (2).

habitancy (hab-a-tan-see). 1. DOMICILE (1).2. RESIDENCE.

habitant (a-bee-ton), n. [French] 1. French law. A person holding land in feudal tenure from a seignior. 2. A native of Canada oHrench descent, esp. one from the farming class.

habitatio (hab-a-tay-shee-oh), n. [Latin" dwelling"], Roman law. The right to dwell (in a place); the right of free residence in another's house; an urban servitude. This right was usu. given by will and treated as a personal servitude. See urban servitude under SERVITUDE (2). Cf. USUFRUCT; USUS (1).

habitation 1. The act of inhabiting; occupancy. 2. A dwelling place; a domicile. 3. Civil law. A nontransferable and non heritable right to dwell in the house of another. La. Civ. Code art. 630. See RESIDENCE; DOMICILE. Cf. USUFRUCT.

habitnal criminal See RECIDIVIST.

habitual 1. Customary; usual <habitual late sleeper>. 2. Recidivist <habitual offender>.

habitual criminal See RECIDIVIST.

habitual drunkard See DRUNKARD.

habitual offender 1. See RECIDIVIST. 2. See OFFENDER.

habitual offender 1. A person who commits the same or a similar offense a certain number of times in a certain period, as set by statute, and is therefore eligible for an enhanced sentence. 2. RECIDIVIST.