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heredad yacente (e-re-dad yah-sen-te). An inheritance not yet accepted. See hereditas jacens under HEREDITAS.

heredero (e-re-der-oh), n. Spanish law. 1. An heir or legatee. 2. An owner of a cultivated farm.

heredes See HERES.

heredes alioqui successuri (ha-ree-deez ay-lee-oh-kwi sak-ses-a-ri). [Latin]. Heirs entitled otherwise to succeed. - Also termed heredes alioquin success uri.

heredes nati et facti (ha-ree-deez nay-ti et fak-ti). [Latin]. Heirs born and made.

heredes proximi (ha-ree-deez prok-sa-mi), n. [Latin] Nearest or next heirs.

heredes proximi et remotiores (ha-ree-deez prok-sa-mi et ri-moh-shee-or-eez). [Latin]. Heirs nearer and more remote.

heredes remotiores (ha-ree-deez ri-moh-shee-or-eez), n. [Latin] Heirs more remote; relatives other than children or descendants.

heredipeta (he-ra-dip-d-ta), n. [Law Latin]. A legacy-hunter; the seeker of an inheritance.

heredis institutio (ha-ree-dis in-sti-t[y]oo-shee-oh). See INSTITUTIO HEREDIS.

hereditament (her-a-dit-a-mant or ha-red-i-ta-mant). 1. Any property that can be inherited; anything that passes by intestacy. 2. Real property; land.

hereditary Of or relating to inheritance; that descends from an ancestor to an heir.

hereditary succession See intestate succession under SUCCESSION (2).

hereditary succession See intestate succession.

hereditas (ha-red-i-tas), n. [Latin], 1. Roman law. An inheritance by universal succession to a decedent. This succession applied whether the decedent died testate or intestate, and whether in trust (ex fideicommissa) for another or not. The comparable right under Praetorian law was bonorum possessio, possession of an inheritance that could be the basis of a right to succeed. 2. An estate transmissible by descent; an inheritance. Also spelled haereditas.

hereditas damnosa (ha-red-i-tas dam-noh-sa). A burdensome inheritance; an inheritance whose debts exceed its assets.

hereditas jacens (ha-red-i-tas jay-senz). [Latin iaceo "to lie"], 1. Property belonging to an estate before an heir accepts it. This term had a similar meaning at common law. See ABEYANCE (2). "Hereditas jacens is the term applied to an inheritance which has not yet vested, an inheritance, that is to say, which has been 'delata' to a heres extraneus (i.e. vol untarius), but has not yet been acquired by him." Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law 512 Uames Crawford Ledlie trans., 3d ed. 1907). 2. A decedent's estate that has no heir or legatee to take it; an escheated estate. - Also termed caduca. See ESCHEAT. 3. Hist. An inheritance without legal owner and thus open to the first occupant.

hereditas legitima (ha-red-i-tas la-jit-i-ma). A succession or inheritance devolving by operation of law rather than by wilL See INTESTACY.

hereditas luctuosa (ha-red-i-tas lak-choo-oh-sa). A sad or mournful inheritance; one that disturbs the natural order of mortality (turbato ordine mortalitaus), as that of a parent inheriting a child's estate. This term is more literary than legal. Also termed tristis successio.

hereditas paterna (ha-red-i-tas pa-tar-na). [Latin]. A succession that descends through the father.

hereditas testamentaria (ha-red-i-tas tes-ta-men-tair-ee-a). Testamentary inheritance; succession to an estate under a decedent's will.

heredity 1. Archaic. Intestate succession; the taking of an inheritance by common-law succession. 2. The genetic transmission of characteristics from a parent to a child; the biological law by which characteristics of a living being tend to repeat themselves in the being's descendants.

herein adv. (bef. 12c) In this thing (such as a document, section, or paragraph) <the due-process arguments stated herein should convince the court to reverse the judgment>. This term is inherently ambiguous.

hereinafter Later in this document <the buyer agrees to purchase the property described hereinaf-ter>. - Also loosely termed hereafter.

herenach (her-a-nak), n. [fr. Old Irish airchinnich "chief man"], An archdeacon. - Also spelled erenach.

hereof adv. (bef. 12c) Of this thing (such as a provision or document) <the conditions hereof are stated in section 3>.

heres (heer-eez), n. [Latin], Roman law. A successor to the rights and liabilities of a deceased person; an heir. - Because the heres succeeded to both the rights and the debts of the decedent, the office combined that of a modern executor with that of an heir at law. The institution of the heres was the essential characteristic of a testament; if this was not done, the instrument was called a codicil/us. Also spelled (in Law Latin) haeres. Pl. heredes (hi:l-ree-deez) or (for haeres) haeredes.

heres actu (heer-eez ak-t[y]oo). [Law Latin]. Heir by appointment.

heres astrarius (as-trair-ee-as). [Law Latin "heir of the hearth"], An heir who has received, by conveyance, an ancestor's estate during the ancestor's lifetime.

heres de facto (di fak-toh). fLaw Latin "heir from fact"]. 1. An heir whose status arises from the disseisin or other wrongful act of the heir's ancestor. See DISSEISIN. 2. An heir in fact, as distinguished from an heir by law (de jure).

heres ex asse (as-ee). [Latin "sole heir"], Roman law. An heir to the whole estate.

heres ex testamento (eks tes-ta-men-to). See heres factus.

heres extraneus (ek-stray-nee-as). [Latin "extraneous heir"], Roman law. An external heir; one who had not been subject to the testator's power (potestas) and hence not bound to accept the inheritance. PI. heredes extranei (ha-ree-deez ek-stray-nee-i).

heres factus (fak-tas). [Latin "made heir"], An heir appointed by will; a testamentary heir. Also termed heres ex testamento; heres institutus. Cf. heres natus.

heres fideicommissarius (fi-dee-i -kom -a-sair-ee-as). [Latin] Roman law. The person for whose benefit an estate was given by will to a fiduciary heir. This office corresponds loosely to the cestui que trust of the common law. Cf. heres fiduciarius.

heres fiduciarius (fi-d[y]oo-shee-air-ee-as). [Latin "fiduciary heir"], Roman law. A person made heir by will, in trust for the benefit of another; an heir subject to a trust. Cf. heres fideicommissarius.

heres in mobilibus (heer-eez in moh-bil-i-bas). [Law Latin]. Heir in movables.

heres institutus (in-sti-t[y]oo-tas). See heres factus.

heres legitimus (la-jit-i-mas). [Latin "lawful heir"], Roman law. An heir entitled to succeed (on intestacy) by the laws of the Twelve Tables.

heres natus (nay-tas). [Latin "heir by birth"], An heir by reason of birth; an heir at law or by intestacy. Cf. heres factus.

heres necessarius (nes-a-sair-ee-as). [Latin "necessarv heir"] Roman law. A slave freed on the testator's death and thus compelled to accept the inheritance.

heres rectus (rek-tas). [Law Latin]. A right or proper heir.

heres suus (s[y]oo-as). [Latin "one's own heir"], 1. A decedent's proper or natural heir; a lineal descendant of the deceased. 2. Roman law. A free person who was subject to the testator's power (potestas) but who could exercise full legal rights upon the testator's death.

heres suus etnecessarius (s[y]oo-as et nes-a-sair-ee-as). [Latin "one's own and necessary heir"] A free person subject to the decedent's potestas. These heirs were called necessary because they became heirs by law, not by the decedent's choice. But since this was also true of slaves, when named heirs in a will, the former class was deSignated suus et necessarius by way of distinction, the word suus denoting that the necessity arose from the relationship to the decedent.

heresy (her-a-see), 1. Opinion or doctrine contrary to (usu. Roman Catholic) church dogma. 2. In England, an offense against religion, consisting not in totally denying Christianity, but in publicly denying some of its essential doctrines; an opinion on divine subjects devised solely by human reason, openly taught, and obstinately maintained. This offense is now subject only to ecclesiastical correction and is no longer punishable by the secular law. heretical, adj.

hereto adv. (12c) To this document <the exhibits are attached hereto>.

heretofore Up to now; before this time <a question that has not heretofore been decided>.

hereunder 1. Later in this document <review the provisions hereunder before signing the consent form>. 2. In accordance with this document <notice hereunder must be provided within 30 days after the loss>.

herewith adv. (bef. 12c) With or in this document <enclosed herewith are three copies>.

herezeld In a feudal system, a vassal's best animal (esp. the best horse, ox, or cow), given in tribute to the superior upon the vassal's death. Also spelled hereyeld; herield.

herield See HEREZELD.

heriot (her-ee-at), n. [fr. Old English here "army" + geatwa "trappings"]. A customary tribute of goods and chattels, payable to the lord of the fee on the tenant's death. Heriot derives from an earlier feudal service consisting of military equipment returned to the lord on the tenant's death; over time it came to refer only to the chattel payment due at the tenant's death. "We are told that the ancient heriot (heregeatu, military apparel) had at one time consisted ofthe horses and arms lent by the lord to his man which on the man's death were returned to the lord .... Turning to manorial surveys, we find it among the commonest of customs that when a tenant in villeinage dies, the lord shall have the best beast; sometimes a similar due is taken from the goods of the dead freeholder, and it is to these customary dues that the name 'heriot' permanently attaches itself." 1 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 1312,317 (2d ed. 1898).

heriot custom A heriot due by custom .o This term is used primarily to distinguish a heriot service from an ordinary heriot.

heriot service A tribute arising from special reservation in a grant or lease of lands, and thus amounting to little more than rent.

herislit (her-a-sleet or hair-), n. [Old English]. 1. The act of surrendering; laying down of arms. 2. The crime of deserting from an army.

heritable (her-i-ta-bal), adj. 1. (Of property) capable of being inherited. 2. (Of a person) capable of inheriting. Also termed inheritable.

heritable blood A relationship between an ancestor and an heir that the law recognizes for purposes of passing good title to property. Also termed inheritable blood.

heritable blood- See BLOOD.

heritable bon See BOND (2).

heritable bond A bond secured by land.

heritable jurisdiction The power of a laird to try his own people and hand down punishments, including death. The laird or dan chief traditionally acted as a supreme court. There was no appeal from decisions and sentences were usu. carried out immediately. The Heritable Jurisdiction Act of 1748 abolished this power.

heritable obligation An obligation that may be enforced by a successor of the creditor or against a successor of the debtor. Also termed inheritable obligation.

heritable obligation See OBLIGATION.

heritable property Scots law. See HERITAGE.

heritable security A debt instrument secured by a charge on heritable property. Also termed inheritable security. See heritable bond under BOND (2).

heritable security See SECURITY.

heritage (her-i-tij), n. Scots law. Property that passed on death to the owner's heir; esp., land and all the property connected to it (such as a house). Also termed heritable property.

hermeneutics (har-ma-n[y]oo-tiks), The art of interpreting texts, esp. as a technique used in critical legal studies. hermeneutical, hermeneutic, adj.

hermogenian code See CODEX HERMOGENIANUS.

hesia (hee-zhee-a or hee-shee-a), n. [Law Latin], An easement.

hetaerarcha (het-ar-ahr-ka), n. [Greek hetaera "association" + archein "to rule"], Roman law. The head of a society, corporation, or college.

hetaeria (ha-teer-ee-a), n. [Greek "association"], Roman law. A society, guild, or college; a fraternity. Also termed (in English) hetaery.

heterologous Patents. Of, relating to, or constituting the DNA of a foreign organism.

heterologous artificial insemination See artificial insemination by donor.

heterologous artificial insemination- See artificial insemination by donor under ARTIFICIAL INSEMINATION.

heuristic (hyuu-ris-tik), adj. Of or relating to a method of learning or problem-solving by using trialand-error and other experimental techniques <heuristic discovery methods>.

HEW abbr. The Department of Health, Education, and Welfare, a former agency of the U.S. government created in 1953. When the Department of Education was created in 1979, the name of HEW was changed to the Department of Health and Human Services (HHS).

Heydon's case, rule in See MISCHIEF RULE.

HGN test abbr. HORIZONTAL-GAZE NYSTAGMUS TEST.

HHS abbr. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

hiatus A gap between the time when a parent application ceases to be pending (by abandonment or issuance) and the time a continuing application is filed. A hiatus breaks the chain of continuity, so that later applications are not entitled to the effective filing date of the parent application. Cf. CONTINUITY (2).

hidage (hid-ij), A tax, payable to the Crown, based on every hide of land. - Also spelled hydage. See HIDE. "Of the same nature with scutages upon knights'-fees were the assessments of hydage upon all other lands, and of talliage upon cities and burghs. But they all gradually fell into disuse, upon the introduction of subsidies, about the time of king Richard II and king Henry IV." 1 William Blackstone, Commentaries on the Laws of England 300 (1765).

hidalgo (hi-dal-goh or ee-dahl-goh), n. [fr. Spanish hijo "son" + algo "property"] In Spain, a man belonging to the lower nobility; a gentleman of property.

hidalguia (ee-dahl-gee-ya), n. [Spanish], In Spain, nobility by descent or lineage.

HIDC abbr. HOLDER IN DUE COURSE.

hidden asset An asset carried on the books at a substantially reduced or understated value that is considerably less than market value.

hidden asset- See ASSET.

hidden defect A product imperfection that is not discoverable by reasonable inspection and for which a seller or lessor is liable if the flaw causes harm. Upon discovering a hidden defect, a purchaser may revoke a prior acceptance. UCC § 2-608(l)(b). - Also termed latent defect; inherent defect.

hidden defect- See DEFECT.

hidden fraud See fraudulent concealment under CONCEALMENT.

hidden fraud- See fraudulent concealment under CON-CEALMENT.

hidden tax See TAX.

hidden tax A tax that is paid, often unknowingly, by someone other than the person or entity on whom it is levied; esp., a tax imposed on a manufacturer or seller (such as a gasoline producer) who passes it on to consumers in the form of higher sales prices.

hide (bef. 12c) 1. In England, a measure of land consisting in as much as could be worked with one plow, variously estimated as from 30 to 120 acres but probably determined by local usage. A hide was anciently employed as a unit of taxation. Cf. CARUCATE. 2. As much land as would support one family or the dwellers in a mansion-house. - Also termed (in senses 1 & 2) hide land. 3. A house; a dweIling-house.

hide land See HIDE.

hide land 1. See HIDE (1). 2. See HIDE (2).

hidegild (hId-gild), n. [Old English]. A sum ofmoney paid by a villein or servant to avoid a whipping. - Also spelled hidgild; hydegeld; hudegeld.

hidel (hid-al-or hid-al). 1 [Old English] Hist. A hiding-place; a place of protection or sanctuary.

high court of chivalry See HIGH COURT OF CHIVALRY.

high court of errors and appeals See COURT OF ERRORS AND APPEALS.