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headlease A primary lease under which a sublease has been granted. - Also spelled head lease. Also termed primary lease; chieflease.

headlessor A lessor on a lease of property that has been subleased.

headnote A case summary that appears before the printed judicial opinion in a law report, addresses a point oflaw, and usu. includes the relevant facts bearing on that point of law. Also termed syllabus; synopsis; reporter's syllabus. Cf. SYLLABUS. "The syllabus or headnote is a brief statement of the propositions of law decided in the case, being in the nature of a table of contents of the case. The modern method is to number each proposition in the syllabus, and to indicate, by corresponding figures, the exact place in the decision where the point mentioned in the syllabus can be found. Sometimes, especially in the older reports, the syllabus is inaccurate or misleading, and it is not safe to rely on it without first verifying it from the decision." Frank Hall Childs, Where and How to Find the Law 22 (1922).

headnote lawyer See LAWYER.

headright In American Indian law, a tribemember's right to a pro rata portion ofincome from a tribal trust fund set up under the Allotment Act of 1906. This type of trust fund is funded largely by mineral royalties arising from land held or once held by the tribemember's tribe.

headright certificate A certificate issued under authority of a Republic of Texas law of 1839 proViding that a person was entitled to a grant of 640 acres if the person (1) had immigrated to the Republic between 1 October 1837 and 1 January 1840, (2) was a head of household, and (3) actually resided within the Republic with his or her family. The grant was to be held under the certificate for three years and then conveyed by absolute deed to the settler.

head-silver See common fine under FINE (4).

head-start injunction See INJUNCTION.

head-start injunction Trade secrets. An injunction prohibiting the defendant from using a trade secret for a period of time equal to the time between the date of the secrets theft and the date when the secret became public. So named since that period is the "head start" the defendant unfairly gained over the rest of the industry.

headstream The source of a river.

headwater 1. (usu. pi.) The part ofa river or stream that is closest to its source. 2. HEADSTREAM.

health (bef. 12c) 1. The state of being sound or whole in body, mind, or soul. 2. Freedom from pain or sickness.

health insurance See INSURANCE.

health insurance Insurance covering medical expenses resulting from sickness or injury. Also termed accident and health insurance; sickness and accident insurance.

health insurance portability and accountability act A 1996 federal law that provides additional healthinsurance protections to employees by limiting the effect of preexisting conditions on an employee's ability to obtain insurance; permitting an employee to enroll a new dependent acquired by birth, adoption, or marriage; making it easier for people to maintain insurance coverage while changing jobs; and helping businesses employing fewer than 50 workers to obtain group insurance plans. The Act is codified in various sections of 18 USCA, 26 USCA, 29 USCA, and 42 USCA. - Abbr. HIPAA.

health law A statute, ordinance, or code that prescribes sanitary standards and regulations for the purpose of promoting and preserving the community's health.

health officer A government official charged with executing and enforcing health laws. The powers of a health officer (such as the Surgeon General) are regulated bylaw.

health officer See HEALTH OFFICER.

healthcare lien See LIEN.

healthcare proxy See ADVANCE DIRECTIVE (1).

healthcare-insurance receivable An interest in or claim under an insurance policy, being a right to payment of a monetary obligation for healthcare goods or services provided. UCC § 9-104(c).

health-insurance order An order requiring a parent either to obtain health insurance for a child or to add a child to an existing health-insurance policy. Health-insurance orders often include dental insurance.

health-insurance order See HEALTH-INSURANCE ORDER.

health-maintenance organization A group of participating healthcare providers that furnish medical services to enrolled members of a group health-insurance plan. Abbr. HMO. Cf. MANAGED--CARE ORGANIZATION; PREFERRED-PROVIDER ORGANIZATION.

hearing 1. A judicial session, usu. open to the public, held for the purpose of deciding issues offact or of law, sometimes with witnesses testifying <the court held a hearing on the admissibility of DNA evidence in the murder case>. 2. Administrative law. Any setting in which an affected person presents arguments to a decision-maker <a hearing on zoning variations>. 3. In legislative practice, any proceeding in which legislators or their designees receive testimony about legislation that might be enacted <the shooting victim spoke at the Senate's hearing on gun control>. See PRELIMINARY HEARING. 4. Equity practice. A trial. 5. English law. ORAl. ARGUMENT.

hearing de novo See HEARING.

hearing de novo- (dee or di noh-voh). 1. A reviewing court's decision of a matter anew, giving no deference to a lower court's findings. 2. A new hearing of a matter, conducted as if the original hearing had not taken place.

hearing examiner See ADMINISTRATIVE-LAW JUDGE.

hearing officer 1. ADMINISTRATIVE-LAW JUDGE. 2. See judicial officer (3) under OFFICER (1).

hearing officer 1. ADMINISTRATIVE-LAW lUDGE. 2. See judicial officer (3).

hearsay 1. Traditionally, testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness. Such testimony is generally inadmissible under the rules of evidence. 2. In federal law, a statement (either a verbal assertion or nonverbal assertive conduct), other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Fed. R. Evid. 801(c). - Also termed hearsay evidence; secondhand evidence. Cf. original evidence under EVIDENCE.

hearsay evidence See HEARSAY.

hearsay exception Any of several deviations from the hearsay rule, allowing the admission of otherwise inadmissible statements because the circumstances surrounding the statements provide a basis for considering the statements reliable.

hearsay rule The rule that no assertion offered as testimony can be received unless it is or has been open to test by cross-examination or an opportunity for cross-examination, except as provided otherwise by the rules of evidence, by court rules, or by statute. The chief reasons for the rule are that out-of-court statements amounting to hearsay are not made under oath and are not subject to cross-examination. Fed. R. Evid. 802. Rule 803 provides 23 explicit exceptions to the hearsay rule, regardless of whether the out-of court declarant is available to testify, and Rule 804 provides five more exceptions for situations in which the declarant is unavailable to testify. "[T]he great hearsay rule ... is a fundamental rule of safety, but one overenforced and abused, - the spoiled child of the family, - proudest scion of our jury·trial rules of evidence, but so petted and indulged that it has become a nuisance and an obstruction to speedy and efficient trials." John H. Wigmore, A Students' Textbook of the Law of Evidence 238 (1935).

hearsay within hearsay See double hearsay under HEARSAY.

heartbalm statute A state law that abolishes the rights of action for monetary damages as solace for the emotional trauma occasioned by a loss of love and relationship. The abolished rights of action include alienation of affections, breach of promise to marry, criminal conversation, and seduction of a person over the legal age of consent. Many states today have enacted heartbalm statutes primarily because of the highly speculative nature of the injury and the potential for abusive prosecution, as well as the difficulties of determining the cause of a loss. The terminology in this field is somewhat confusing, since a heartbalm statute abolishes lawsuits that were known as heartbalm suits; some scholars therefore call the abolitionary statutes anti-heartbalm statutes. But the prevailing term is heartbalm statute. - Also written heart-balm statute. - Also termed heartbalm act; anti-heartbalm statute; anti-heartbalm act. "Under the English common law, a broken engagement might be followed by a lawsuit for breach of promise to marry .... [T]he action came to look more like a tort action, in which damages might be given for the injury to the plain' tiff's feelings, health and reputation and for expenses such as costs incurred in preparing for a wedding. Widespread criticism of the suit for breach of promise to marry (as well as related tort actions including seduction and alienation of affections) led to the passage of 'heart balm' statutes abolishing these claims in many jurisdictions in the United States beginning in the 1930's." Homer H. Clark Jr. & Ann Laquer Estin, Domestic Relations: Cases and Problems 47 (6th ed. 2000).

hearth money 1. A tax of two shillings levied on every fireplace in England (14 Car. 2, ch. 10). This extremely unpopular tax was enacted in 1662 during the reign ofCharles II and abolished in 1688. 2. PETERPENCE. - Also termed (in sense 1) chimney money.

heat of passion (bef. 12c) Rage, terror, or furious hatred suddenly aroused by some immediate provocation, USll. another person's words or actions. At common law, the heat of passion could serve as a mitigating circumstance that would reduce a murder charge to manslaughter. - Also termed sudden heat ofpassion; sudden heat; sudden passion; hot blood; sudden heat and passion;furor brevis. Cf. COLD BLOOD; COOL BLOOD. "To constitute the heat of passion included in this require· ment it is not necessary for the passion to be so extreme that the slayer does not know what he is doing at the time; but it must be so extreme that for the moment his action is being directed by passion rather than by reason." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 99 (3d ed. 1982).

heavy work See WORK (1).

hebote See HEREBOTE.

hedagium (ha-day-jee-am), n. [Law Latin], A toll or custom due at a wharf for landing goods. The Crown exempted particular persons and societies from this toll.

hedge To use two compensating or offsetting transactions to ensure a position of breaking even; esp., to make advance arrangements to safeguard oneself from loss on an investment, speculation, or bet, as when a buyer of commodities insures against unfavorable price changes by buying in advance at a fixed rate for later delivery. - hedging, n.

hedge fund A specialized investment group usu. organized as a limited partnership or offshore investment company that offers the possibility of high returns through risky techniques such as selling short or buying derivatives .o Most hedge funds are not registered with the SEC and are therefore restricted in marketing their services to the public.

hedgebote See HAYBOTE.

hedgebote- See HAYBOTE.

hedonic damages (hi-don-ik). Damages that attempt to compensate for the loss of the pleasure of being alive. Such damages are not allowed in most jurisdictions. - Also termed (erroneously) hedonistic damages.

hedonic damages- See DAMAGES.

hedonistic damages See hedonic damages under DAMAGES.

hedonistic utilitarianism See UTILITARIANISM.

heeding presumption A rebuttable presumption that an injured product user would have followed a warning label had the product manufacturer provided one.

heeding presumption See PRESUMPTIO.

heedlessness The quality of being thoughtless and inconsiderate; esp., conduct involving the disregard of others' rights or safety. Heedlessness is often construed to involve the same degree of fault as recklessness. See RECKLESSNESS. heedless, adj.

hegemonism (hi-jem-a-niz-am). 1. A philosophical position advocating hegemony. 2. All forms of political extension by means of hegemony.

hegemony (hi-jem-a-nee), 1. Influence, authority, or supremacy over others <the hegemony of capitalism>. 2. The striving for leadership or predominant authority of one state of a confederacy or union over the others; political domination <the former Soviet Union's hegemony over Eastern Europe>. hegemonic (hej-a-mon-ik), adj.

heightened scrutiny See INTERMEDIATE SCRUTINY.

heinous (hay-nas), adj. (Of a crime or its perpetrator) shockingly atrocious or odious. heinousness, n.

heir 1. A person who, under the laws of intestacy, is entitled to receive an intestate decedent's property. Also termed legal heir; heir at law; lawful heir; heir general; legitimate heir. Cf. ANCESTOR. "Laymen - and sometimes first-year law students taking exams - wrongly assume that one who receives rea! property by will is an heir. Technically, the word 'heir' is reserved for one who receives real property by action of the laws of intestacy, which operate today only in the absence of a valid will." Thomas F. Bergin & Paul G. Haskell, Preface to Esrates in Land and Future Interests 14 n.32 (2d ed.1984). 2. Loosely (in common-law jurisdictions), a person who inherits real or personal property, whether by will or by intestate succession. 3. Popularly, a person who has inherited or is in line to inherit great wealth. 4. Civil law. A person who succeeds to the rights and occupies the place of, or is entitled to succeed to the estate of, a decedent, whether by an act of the decedent or by operation oflaw.o The term heir under the civil law has a more expansive meaning than under the common law.

heir apparent An heir who is certain to inherit unless he or she dies first or is excluded by a valid will. Also termed apparent heir. Cf. heir presumptive. "Heirs apparent are such, whose right of inheritance is indefeaSible, provided they outlive the ancestor; as the eldest son or his issue, who must by the course of the common law be heirs to the father whenever he happens to die." 2 William Blackstone, Commentaries on the Laws of Eng/and 208 (l766).

heir beneficiary See beneficiary heir.

heir by adoption A person who has been adopted by (and thus has become an heir to) the deceased. By statute in most jurisdictions, an adopted child has the same right of succession to intestate property as a biological child unless the deceased clearly expresses a contrary intention. Jurisdictions differ on whether an adopted child may also inherit from his or her biological parents or family. The clear majority view, however, is that upon adoption, a complete severance of rights and obligations occurs and the child forfeits inheritance from all biological relatives.

heir by custom In England, a person whose right of inheritance depends on a particular and local custom, such as gavelkind and borough English. See GAVELKIND; BOROUGH ENGLISH.

heir by devise One to whom lands are given by will.

heir conventional One who takes a succession because ofa contract or settlement entitling him or her to it.

heir expectant See expectant heir.

heir general See HEIR (1).

heir in tail See heir special.

heir male The nearest male blood-relation of a dercedent.

heir of the blood An heir who succeeds to an estate because of consanguinity with the decedent, in either the ascending or descending line.

heir of the body A lineal descendant of the decedent, excluding a surviving spouse, adopted children, and collateral relations. The term of art heirs of the body was formerly used to create a fee tail <A conveys Blackacre to B and the heirs of his body>. - Also termed bodily heir.

heir portioner 1. One of two or more female heirs who, in the absence of male heirs, inherit equal shares of an estate. 2. One of two or more usu. female heirs in the same degree who take equal shares per capita. 2. The proprietor of a small fee. 3. A minister who serves a benefice with others. The person was called a portioner because he had only a portion of the tithes or allowance that a vicar commonly has out of a rectory or impropriation.

heir portioner See PORTIONER.

heir presumptive An heir who will inherit if the potential intestate dies immediately, but who may be excluded if another, more closely related heir is born. - Also termed presumptive heir. Cf. heir apparent.

heir special An heir who receives property according to the nature of the estate held in fee tail. Heirs special were said to receive property performam doni ("by the form of the gift"). Also termed heir in tail.

heirdom The state of being an heir; succession by inheritance.

heiress 1. Archaic. A female heir. See HEIR (1). 2. A woman or girl who has inherited or is in line to inherit great wealth.

heir-hunter A person whose business is to track down missing heirs.

heirless estate The property of a person who dies intestate and without heirs. See ESCHEAT.

heirless estate- See ESTATE (3).

heirloom 1. An item of personal property that by local custom, contrary to the usual legal rule, descends to the heir along with the inheritance, instead of passing to the executor or administrator ofthe last owner. Traditional examples are an ancestor's coat of arms, family portraits, title deeds, and keys. Blackstone gave a false etymology that many have copied: "The termination, loom, is of Saxon origin; in which language it signifies a limb or member; so that an heirloom is nothing else, but a limb or member of the inheritance." 2 William Blackstone, Commentaries on the Law ofEngland 427 (1766). In fact, loom derives from Old English geloma "utensil," and loom meant "implement, tool." 2. Popularly, a treasured possession ofgreat sentimental value passed down through generations within a family. "Heir·looms, strictly so cailed, are now very seldom to be met with. They may be defined to be such personal chattels as go, by force of a special custom, to the heir, along with the inheritance, and not to the executor or administrator of the last owner. The owner of an heir· loom cannot by his will bequeath the heir·loom, if he leave the land to descend to his heir; for in such a case the force of custom will prevail over the bequest, which, not coming into operation until after the decease of the owner, is too late to supersede the custom .... In popular language the term heir-loom' is generally applied to plate, pictures or articles of property which have been assigned by deed of settle· ment or bequeathed by will to trustees, in trust to permit the same to be used and enjoyed by the persons for the time being in possession. under the settlement or will, of the mansion·house in which the articles may be placed." Joshua Williams, Principles of the Law of Personal Property 13-14 (11th ed. 1881).

heirs and assigns A term ofart formerly required to create a fee simple <A conveys Blackacre to Band his heirs and assigns>.

heirship 1. The quality or condition of being an heir. 2. The relation between an ancestor and an heir.

hell-or-high-water rule 1. The principle that a personal-property lessee must pay the full rent due, regardless of any claim against the lessor, unless the lessee proves unequal bargaining power or unconscionability. 2. The principle that an insured's automobile-liability policy will cover the insured while using a vehicle owned by another if the insured uses the vehicle in a manner within the scope of the permission granted.

hell-or-high-waterdause A clause in a personalproperty lease requiring the lessee to continue to make full rent payments to the lessor even if the thing leased is unsuitable, defective, or destroyed.

henceforth From now on <the newly enacted rule will apply henceforth>.

henfare A fine for flight from an accusation of murder.

henricus vetus (hen-ri-as vee-tas). [Law Latin], Henry the Old (or Elder). This term was used in early English charters to distinguish King Henry I from later kings of the same name.

heordpenny (hard-pen-ee), n. See PETER-PENCE.

hepburn act A 1906 federal statute that amended the Interstate Commerce Act to (1) increase the (now defunct) Interstate Commerce Commission's jurisdiction to include pipelines. (2) prohibit free pass~s except to employees, (3) prohibit common carriers from transporting any products (except timber) in which they had an interest, and (4) require joint tariffs and a uniform system of accounts.

heptarchy (hep-tahr-kee). 1. A government by seven rulers. 2. A nation divided into seven governments, specif. the seven Anglo-Saxon kingdoms of Kent, Sussex, Essex, Wessex, East Anglia, Mercia, and Northumbria existing before the Norman Conquest.

her majesty's stationery office See STATIONERY OFFICE.

herald 1. In England and Scotland, one of several officers responsible for keeping genealogical lists and tables, adjusting armorial bearings, and regulating the ceremonies at royal coronations and funerals. There are six in England and three in Scotland. 2. A messenger who announces royal or state proclamations, and who carries diplomatic messages (esp. proclamations of war, peace, or truce) between kings or countries.

heralds' college A royal corporation responsible in England for granting and recording armorial insignia and genealogies, and for dealing with matters of precedence. The College was founded by Richard III in 1484, is governed by the Earl Marshal, and consists of three kings of arms, six heralds, and four pursuivants. The heralds' books, based on family-lineage inquiries made throughout England, are considered good evidence of pedigrees. The heralds' office is still allowed to make grants of arms and to grant name changes. - Also termed College of Arms.

herbage (har-bij). In England, an easement or liberty of pasturage on another's land.

herdwerch (hard-work), Herdsmen's work, or customary labor, done by shepherds and inferior tenants at the lord's wilL Also spelled heordwerch.

here and there See VALUE DATE.

hereafter adv. (bef. l2c) 1. From now on; henceforth <because of the highway construction, she will hereafter take the bus to work>. 2. At some future time <the court will hereafter issue a ruling on the gun's admissibilitv>. 3. HEREINAFTER <the exhibits hereafter referred to a Exhibit A and Exhibit B>.

herebannum (her-a-ban-am), n. [Law Latin fr. Old English here "army" + bann "proclamation"], 1. A proclamation summoning the army into the field. 2. A mulct or fine for not joining that army when summoned. 3. A tax or tribute for the support of that army.

herebote (her-a-boht), n. [fr. Old English here "army" + bod "command"]. In England, a royal edict summoning the people to the battlefield; an edict commanding subjects into battle. Also spelled herebode; hebote.

hereby By this document; by these very words <I hereby declare my intention to run for public office>.

heredad (e-re-dahd), n. Spanish law. 1. An inheritance or heirship. 2. A piece ofland under cultivation; a cultivated farm.