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hang 1. (Of a jury) to be unable to reach a verdict <the jury was hung after 12 hours of continuous deliberation>. See hung jury under JURY. 2. To suspend a person above the ground by a rope tied around the person's neck in order to cause the person's death. The standard past tense of the verb in sense 2 is hanged, not hung - the latter being the standard past tense in all other uses of the verb. See HANGING.

hanged, drawn, and quartered An ancient sentence for high treason, conSisting of the prisoner's being drawn on a hurdle to the place of execution, hanged by the neck (but not until dead), disemboweled, and beheaded, and the body then divided into four pieces for the king's disposal. The sentence was abolished in England in 1870. See TREASON.

hanging The killing of someone by suspending the person above the ground by a rope around the person's neck. Death is caused by asphyxiation (by being hoisted from the ground) or by a sudden breaking of the cervical vertebrae (by being dropped from a height). Hanging was a common form of capital punishment in the United States until the 19308. See HANG.

hanging chad A chad that is attached to the ballot by a Single point.

hanging chad- See CHAD.

hanging in chains As the punishment in an atrocious case, the suspending of an executed murderer's body by chains near where the crime was committed. Hanging in chains was abolished in 1834.

hanging judge See JUDGE.

hanging judge A judge who is harsh (sometimes corruptly so) with defendants, esp. those accused of capital crimes.

hangman An executioner, esp. one who executes condemned criminals by hanging.

hansard (han-sard). The official reports of debates in the British Parliament. The name derives from Luke Hansard (1752-1828), printer of the Journal of the House of Commons from 1774 to 1828. The name has varied at different times. In 1892 it became the Authorised Edition; in 1909 the title was changed to the Official Report; and since 1943 the name Hansard has been added to Official Report. - Also termed Hansard Official Report; Hansard's Debates.

hanse (hans), n. [German], 1. A merchant guild, esp. one engaging in trade abroad. 2. A fee for entrance to the guild; an impost levied on merchants not belonging to the guild.

hanse towns The collective name of certain German cities including Lubeck, Hamburg, and Bremen that allied in the 12th century to protect and further their mutual commercial interests. This alliance was usu. called the Hanseatic League. The League framed and promulgated a code of maritime law known as the Laws ofthe Hanse Towns, or Jus Hanseaticum Maritimum. The League's power peaked in the 14th century, then gradually declined until 1669, when the last general assembly was held.

hanse towns, laws of the A uniform maritime code drawn from the laws of the Hanse towns, esp. that of Lubeck, published in German at Lubeck in 1597 and revised and enlarged in 1614.

hanseatic (han-see-at-ik), adj. 1. Ofor relating to the union of the Hanse Towns, usu. referred to as the Hanseatic League. 2. Of or relating to a hanse or commercial alliance.

happiness, right to pursue The constitutional right to pursue any lawful business or activity - in any manner not inconsistent with the equal rights of others - that might yield the highest enjoyment, increase one's prosperity, or allow the development of one's faculties. This is a penumbral rather than explicit right under the U.S. Constitution. See the Declaration ofIndependence ~ 2 (1776).

happy-slapping An assault on a randomly chosen victim by a person or group while another person films the assault with the intention of later broadcasting or selling copies of the recording. Happy-slapping began in the early 20005 as a fad in London, in which a teenage victim was merely slapped or struck with an object such as a rolled-up newspaper while the assault was recorded on a cellphone camera. As the fad spread across England and into Europe, the perpetrators attacked victims of all ages, and the assaults escalated from mere slaps to serious bodily injury, rape, and murder.

harassment (ha-ras-mant or har-as-mant). Words, conduct, or action (usu. repeated or persistent) that, being directed at a specific person, annoys, alarms, or causes substantial emotional distress in that person and serves no legitimate purpose. Harassment is actionable in some circumstances, as when a creditor uses threatening or abusive tactics to collect a debt. - harass (ha-ras or har-as), vb.

harbinger (hahr-bin-jar), n. 1. In England, a royal officer who went ahead and was responsible for securing lodging for troops or for a traveling royal entourage. 2. A person or thing that predicts what is to come <a harbinger of bad news>.

harbor line A line marking the boundary of a certain part of public water that is reserved for a harbor; esp., the line beyond which wharves and other structures may not extend.

harbor, safe See SAFE HARBOR.

harboring The act of affording lodging, shelter, or refuge to a person, esp. a criminal or illegal alien.

harboring an illegal alien The act of providing concealment from detection bv law-enforcement authorities or shelter, employment, ~r transportation to help a noncitizen remain in the United States unlawfully, while knowing about or recklessly disregarding the noncitizen's illegal immigration status. The crime of harboring an illegal alien does not require that the offender be involved in the smuggling of illegal aliens into the country. 8 USCA § 1324.

hard asset See real asset.

hard asset- See real asset under ASSET.

hard case A lawsuit involving equities that tempt a judge to stretch or even disregard a principle of law at issue. Hence the expression, "Hard cases make bad law."

hard currency Currency backed by reserves, esp. gold and silver reserves.

hard currency- See CURRENCY.

hard dollars 1. Cash proceeds given to a seller. 2. The part of an equity investment that is not deductible in the first year. Cf. SOFT DOLLARS.

hard goods See durable goods.

hard goods- See durable goods under GOODS.

hard labor Work imposed on prisoners as additional punishment, usu. for misconduct while in prison. Several states (such as Louisiana, Maine, and New Jersey) impose hard labor as a sentence for a variety of crimes. Hard labor is also imposed in military sentencing. See PENAL SERVITUDE.

hard money See MONEY.

hard sell A sales practice characterized by slogans, aggressiveness, intimidation, and urgent decisionmaking. Cf. SOFT SELL.

hard-look doctrine Administrative law. The principle that a court should carefully review an administrative-agency decision to ensure that the decision did not result from expediency, pressure, or whim.

hardship 1. Privation; suffering or adversity. 2. The asperity with which a proposed construction of law would bear on a particular case, sometimes forming a basis (also known as an argument ab inconvenienti) against the construction. See AB INCONVENIENT!; HARD CASE. 3. family law. A condition that makes it onerous or impossible for a child-support obligor to make the required child-support payment. 4. Zoning. A ground for a variance under some zoning statutes if the zoning ordinance as applied to a particular property is unduly oppressive, arbitrary, or confiscatory; esp., a ground for granting a variance, based on the impossibility or prohibitive expense of conforming the property or its use to the zoning regulation. - Also termed unnecessary hardship. See VARIANCE (2).

hare-ware voting See instant-runoff voting under VOTING.

harm (bef. 12c), Injury, loss, damage; material or tangible detriment.

harmful behavior Conduct that could injure another person, esp. a child.

harmful child labor See oppressive child labor under CHILD LABOR.

harmful error See reversible error.

harmful error- See reversible error under ERROR (2).

harmless error An error that does not affect a party's substantive rights or the case's outcome. A harmless error is not grounds for reversaL See Fed. R. Civ. P. 61; Fed. R. Crim. P. 52. Also termed technical error; error in vacuo. Cf. substantial error.

harmless error- See ERROR (2).

harmony Agreement or accord; conformity <the decision in Jones is in harmony with earlier Supreme Court precedent>. - harmonize, vb.

harrow (har-oh or ha-roh), n. [fr. Old French haro]. In Norman and early English law, an outcry (or hue and cry) after felons and malefactors. - Also spelled haro. See HUE AND CRY. Cf. CLAMEUR DE HARO.

harter act An 1893 federal statute regulating a carrier's liability for the loss or damage of ocean cargo shipped under bills of lading. 46 USCA app. §§ 190-96. The Act was the primary model for the Carriage of Goods by Sea Act, which has largely superseded it in practice. See CARRIAGE OF GOODS BY SEA ACT. "[T]he Harter Act [was] the world's first legislative attempt to allocate the risk of loss in ocean transportation between carrier and cargo interests." Michael F. Sturley, Changing Liability Rules and Marine Insurance, 24 j. Mar. L. & Com. 119, 119 (1993).

hart-scott-Rodino antitrust improvement act A federal statute, enacted in 1976, that generally strengthens the Justice Department's antitrust enforcement powers, esp. by requiring firms to give notice to the Federal Trade Commission and the Justice Department of an intent to merge if one of the firms has annual revenues or assets exceeding $100 million, and the acquisition price or value of the acquired firm exceeds $50 million. 15 USCA § 18(a). - Often shortened to Hart-Scott-Rodino Act (abbr. HSR Act).

hash To run (a document) through an encryption algorithm, usu. to secure the contents or to derive a number unique to the document. The product of hashing is either run through the encryption algorithm in reverse to verify that the transmitted message has not been altered or combined with the sender's privateencryption key to produce a digital signature for the document.

hash number A unique numerical code generated by encryption software for use in creating a digital signature. Also termed hashed number. See DIGITAL SIGNATURE; HASH; KEY ENCRYPTION.

haspa (has-pa), n. [Law Latin] Hist. The hasp of a door. Livery of seisin was often made in the doorway of a structure located on the property being transferred.

hasta (has-ta), n. [Latin "spear"]. Roman law. A sale by auction, indicated by a spear placed into the ground.The phrase hastae subicere ("to put under the spear") meant to put up for sale at auction. 2. A symbol used to invest a fief.

hat money A small gratuity traditionally paid to the master (and sometimes the crew) of a ship for the care of the cargo. Also termed pocket money; primage. "Primage and average, which are mentioned in bills of lading, mean a small compensation or duty paid to the master, over and above the freight, for his care and trouble as to the goods. It belongs to him of right, and it is not understood to be covered by the policy of insurance. For these charges, as well as for freight, the master has a lien on the cargo: 3 James Kent, Commentaries on American Law *232 n. (b) (George Comstock ed., 11th ed. 1866).

hatch act A federal statute, enacted in 1939, that restricts political-campaign activities by federal employees and limits contributions by individuals to political campaigns. 5 USCA §§ 1501-1508. Senator Carl Hatch sponsored the Act following disclosures that Works Progress Administration officials were using their positions to campaign for the Democratic Party.

hatch-waxman act The popular name of the 1984 federal law that provides incentives for the develop ment of generic drugs and allows drug-patent owners to regain the time lost on a patent's term while awaiting approval of the drug from the Food and Drug Admin istration. Also termed Drug Price Competition and Patent Term Restoration Act of1984.

hate crime A crime motivated by the victim's race, color, ethnicity, religion, or national origin. Certain groups have lobbied to expand the definition by statute to include a crime motivated by the victim's disability, gender, or sexual orientation. Cf. hate speech under SPEECH.

hate crime- See CRIME.

hate speech Speech that carries no meaning other than the expression of hatred for some group, such as a particular race, esp. in circumstances in which the communication is likely to provoke violence. Cf. hate crime under CRIME; group libel under LIBEL.

hate speech See SPEECH.

hatsell's precedents A compilation of points of order decided in the House of Commons, published by the House's clerk, John Hatsell, in two volumes, the first in 1776 and the second in 1781. Hat sell's compilation was a primary source for the manual that Thomas Jefferson compiled while presiding over the United States Senate.

hauber ([h]aw-bar), n. [Old French] . A high lord; a great baron.

haulage royalty See ROYALTY (2).

haulage royalty A royalty paid to a landowner for moving coal via a subterranean passageway under the landowners land from a mine located on an adjacent property. The payment is calculated at a certain amount per ton of coal.

haustus (haws-tas), n. [Latin "a drawing"], Roman law. A species of rustic praedial servitude consisting in the right to draw water from a well or spring on another's property the term being common esp. in the form aquaehaustus. A right-of-way (iter) to the well was implied in the easement.

have See HABE.

have and hold See HABENDUM CLAUSE (1).

have the floor Parliamentary law. To be entitled to speak after being recognized by the chair.

hawala (ha-wah-la), n. [Hindi] A system for transferring money, usu. across national borders, based on trust and operating through networks based on family relationships or on regional or ethnic affiliations rather than through banks and financial institutions. The system originated in India before the introduction of western banking practices. It is commonly used in immigrant communities. In Indian and Pakistani usage, "white hawala" refers to legitimate transactions and "black hawala" refers to money-laundering. - Also termed hundi.

hawaladar (ha-wah-la-dar), [Hindi], A hawala operator.

hawker An itinerant or traveling salesperson who sells goods in a public street, esp. one who, in a loud voice, cries out the benefits ofthe items offered for a peddler. A hawker is usu. required to have a license.

hawking The act of offering, by outcry, goods for sale from door to door or on a public street.

haybote See HAYBOTE.

haybote- (hay-boht), n. [fr. French haye "a hedge" +Saxon bote "an allowance"]. The right or privilege of a tenant for life or years to have material to repair the hedges or or to make farming implements.

hayward 1. An officer of a town or manor responsible for maintaining fences and hedges, esp. to prevent cattle from breaking through to an enclosed pasture. 2. A cattle herder.

Hazantown agreement (hay-zan-town). A type of col lective-bargaining agreement used in the garment industry, governing the relationship between a jobber and the contractors that produce the jobber's garments. The agreement does not govern the relationship between the jobber and its own employees. It governs the relationship between the jobber and the contractors that manufacture the garments that the jobber sells, including covenants that the jobber will use only unionized contractors, will ensure that salaries and bonuses are appropriately paid, and will contribute to employee-benefit funds maintained on behalf of the contractor's employees. This term gets its name from Hazantown, Inc., the jobber involved in Danielson v. Joint Bd. ofCoat, Suit & Allied Garment Workers' Union, 494 F.2d 1230 (2d Cir. 1974). Also termed jobber's agreement.

hazard 1. Danger or peril; esp., a contributing factor to a peril. See PERIL.

hazard pay Special compensation for work done under unpleasant or unsafe conditions.

hazarder (haz-ar-dar), n. A player in an unlawful game of dice. - Also spelled hazardor.

hazardous adj. Risky; dangerous.

hazardous contract See aleatory contract under CONTRACT.

hazardous cargo Dangerous goods or materials whose carriage is usu. subject to stringent regulatory and statutory restrictions.

hazardous cargo- See CARGO.

hazardous contract See aleatory contract.

hazardous employment High -risk work; work involving extra peril. In the context of workers' compensation, hazardous employment often requires an employer to carry workers'-compensation coverage or its equivalent, regardless of the number of employees.

hazardous employment- See EMPLOYMENT.

hazardous negligence See NEGLIGENCE.

hazardous substance 1. A toxic pollutant; an imminently dangerous chemical or mixture. 2. See hazardous waste under WASTE (2).

hazardous waste See WASTE (2).

hazing The practice of physically or emotionally abusing newcomers to an organization as a means of initiation. In the early 19th century, hazing referred to beating. Hazing was a well-established custom in fraternities at Ivy League universities by the mid-19th century. (One college magazine referred to "the absurd and barbarous custom of haZing, which has long prevailed in the college." 1 Harvard Mag. 413 (1860)). The first death from hazing was reported at Yale in 1892 (N.Y. Daily News, June 28, 1892). In the late 20th century, any colleges and universities banned hazing and many states passed antihazing statutes establishing criminal penalties. See ANTIHAZING STATUTE.

hazing statute See ANTIHAZING STATUTE.

HDC abbr. HOLDER IN DUE COURSE.

he (bef. 12c) A pronoun of the masculine gender, traditionally used and construed in statutes to include both sexes, as well as corporations. It may also be read as they. Because of the trend toward nonsexist language, fastidious drafters avoid using the generic pronouns he, him, and his unless the reference is only to a male person.

head borough See BORSHOLDER.

head money 1. A tax on people who fit within a designated class; a poll tax. See capitation tax and poll tax under TAX. 2. A bounty offered by a government for a prisoner taken at sea during a naval engagement. This bounty is divided among the officers and crew in the same manner as prize money. See PRIZE MONEY. 3. A tax or duty on shipowners, imposed by an 1882 federal statute, for every immigrant brought into the United States. Also termed head tax. 4. A bounty or reward paid to a person who killed a band it or outlaw and produced the head as evidence. See BOUNTY (1); REWARD.

head of family A person who supports one or more people related by birth, adoption, or marriage and with whom those persons maintain their permanent domicile. The phrase head offamily appears most commonly in homestead law. For a person to have the status of head of family, there must, of necessity, be at least two people in the family. Also termed head of afamily. Cf. HEAD OF HOUSEHOLD.

head of household 1. The primary income-provider within a family. 2. For income-tax purposes, an unmarried or separated person (other than a surviving spouse) who provides a home for dependents for more than one-half of the taxable year. A head of household is taxed at a lower rate than a single person who is not head of a household. Cf. HEAD OF FAMILY; HOUSEHOLDER.

head shop A retail establishment that sells items intended for use with illegal drugs.

head tax 1. See poll tax. 2. HEAD MONEY (3).

head tax 1. See poll tax under TAX. 2. HEAD MONEY (3).

head-and-master rule The doctrine that the husband alone is authorized to manage community property. Some courts have held that the rule is unconstitutional gender-based discrimination. - Also termed lord-and-master rule. Cf. EQUAL-MANAGEMENT RULE.

heading A brief title or caption of a section of a statute, contract, or other writing. "The headings prefixed to sections or sets of sections in some modern statutes are regarded as preambles to those sections. They cannot control the plain words of the statute, but they may explain ambiguous words ...." P. St. j. Langan, Maxwell on the Interpretation of Statutes 11 (12th ed. 1969).