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a.r abbr. ANNO REGNI.

a.u.c abbr. AB URBE CONDITA.

a/c abbr. ACCOUNT (4).

AAA abbr. 1.AMERICAN ARBITRATION ASSOCIATION. 2. AMERICAN ACCOUNTING ASSOCIATION. 3. AMERICAN ACADEMY OF ACTUARIES. 4. AGRICULTURAL ADJUST MENT ACT. 5. See accumulated-adjustments account under ACCOUNT.

AAC abbr. AN ANTE CHRISTUM

AACN abbr. ANNO ANTE CHRISTUM NATUM

AALL abbr. American Association of Law Libraries, founded in 1906 to promote law libraries and scholarship in the field of law-library science

AALS abbr. ASSOCIATION OF AMERICAN LAW SCHOOLS

AARCC abbr. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION CORPORATION

AAU abbr. Amendment to allege use. See TRADEMARK APPLICATION AMENDMENT

AB abbr. See able-bodied seaman under SEAMAN.

ab prep. [Latin] From; by; of.

ab actis (ab ak-tis), n. [Latin "in relation to proceedings"] Roman law. An officer responsible for public records (acta), registers, journals, or minutes; a court clerk; a notary.

ab agendo (ab a-jen-doh), adj. [Latin] Unable to act; inca pacitated for business or transactions of any kind.

ab ante (ab an-tee), adv. [Latin] Hist. Before; beforehand; in advance. Also termed ab antecedente.

ab antiquo (ab an-tI-kwoh), adv. [Law Latin] Hist. From ancient times; of old. Also termed ab antiqua.

ab epistolis (ab ee-pis-ta-lis), n. [Latin] Hist. An officer who maintained the correspondence (epistolae) for a superior; a secretary.

ab extra (ab ek-stra), adv. [Latin] From outside; extra; beyond.

ab identitate rationis (ab I-den-ti-tay-tee ray-shee-oh-nis or rash-ee-oh-nis). [Law Latin] Hist. By identity of reason; for the same reason.

ab inconvenienti (ab in-kan-vee-nee-en-ti), adv. [Law Latin] From hardship or inconvenience. See argumentum ab inconvenienti under ARGUMENTUM.

ab initio (ab i-nish-ee-oh), adv. [Latin) (16c) From the beginning <the injunction was valid ab initio>. Cf. IN INITIO.

ab intestato (ab in-tes-tay-toh), adv. [Latin] By intestacy <succession ab intestato is often treated as being necessary because of the neglect or misfortune of the deceased proprietor>. Cf. EX TESTAMENTO.

ab invito (ab in-vi-toh), adv. [Latin) By or from an unwilling party; against one's will <a transfer ab invito>. Cf. IN INVITUM.

ab irato (ab I-ray-toh), adv. [Latin) By one who is angry. This phrase usu. refers to a gift or devise made adversely to an heir's interests, out of anger. An action to set aside this type ofconveyance was known at common law as an action ab irato.

ab olim (ab oh-lim), adj. adj. [Law Latin] Of old.

ab orco usque ad coelum [Latin] From the ground to the sky. Cf. USQUE AD COELUM.

a-b trust See bypass trust under TRUST.

ab urbe condita (ab ar-bee kon-di-ta). [Latin] From the founding of the city (esp. Rome in 753 B.C.). This term is sometimes used in abbreviated form in classical dates. For example, the date "23 A.U.C." means "23 years after the founding of Rome," or 730 B.C. -Abbr. A.V.C.

ABA abbr. 1. AMERICAN BAR ASSOCIATION2. AMERICAN BANKERS ASSOCIATION

abacinate (a-bas-a-nayt), vb. To blind (a person) by placing a red-hot iron or metal plate in front of the eyes.

abaction (ab-ak-shan). See ABIGEATUS.

abactor (ab-ak-tar or -tor). See ABIGEUS.

abalienation (ab-ayl-ya-nay-shan), n. [fro Latin abalien are "to alienate"] Civil law. The transfer of an interest in or title to property; ALIENATION (2). In Roman law, the term was abalienatio ("a perfect conveyance from one Roman citizen to another"), which was anglicized to abalienation. - abalienate, vb.

abamita (a-bam-a-ta). [Latin] Civil law. A great-great- great aunt.

abandoned application Patents & Trademarks. An application removed from the U.S. Patent and Trade mark Office docket of pending applications because the applicant (or the applicant's attorney or agent of record) filed an express notice of abandonment, failed to take appropriate or timely action at some stage in the prosecution of a nonprovisional application, or failed to pay the issue fee. Abandonment of a patent or trademark application does not automatically result in abandonment of the invention or the mark because an abandoned application may be revived by petition. Cf. abandoned invention under INVENTION; abandoned mark under TRADEMARK.

abandoned experiment Patents. An unsuccessful attempt to reduce an invention to practice . Unless it is publicly known, an abandoned experiment does not qualify as prior art under § 102 of the Patent Act, so it does not bar future patents.

abandoned invention An invention that an inventor has either deliberately stopped trying to exploit, or has otherwise treated in a way that precludes claiming the invention in a later patent. Under § 102(c) of the Patent Act, abandonment bars a patent on that invention. But abandonment of an imperfect form of an invention does not bar a patent on a later-perfected form. Unless publicly known, an abandoned invention is not prior art to a later inventor. Under § 102(g) of the Patent Act, abandonment of the same invention by a first inventor also prevents the first inventor from blocking the second inventors patent application in an interference. Cf. ABANDONED APPLICATION.

abandoned invention See INVENTION.

abandoned mark See abandoned trademark under TRADEMARK.

abandoned property See PROPERTY.

abandoned property Property that the owner voluntarily surrenders, relinquishes, or disclaims. Cf. lost property; mislaid property.

abandoned trademark See Trademark.

abandoned, suppressed, or concealed adj. Patents. Intentionally or accidentally hidden from public notice, not reduced to practice, or not patented. Another person's earlier invention will not be considered prior art if the first inventor abandoned the field to others or is held to have lost the right to patent by suppressing or concealing the invention. But if the suppression or concealment occurred after the art was known to the public, then it still qualifies as prior art.

abandoned-trademark See TRADEMARK.

abandonee ( a-ban-da-nee). (1848) One to whom property rights are relinquished; one to whom something is formally or legally abandoned.

abandonment 1. The relinquishing of a right or interest with the intention of never reclaiming it. In the context of contracts for the sale of land, courts sometimes use the term abandonment as if it were synonymous with rescission, but the two should be distinguished. An abandonment is merely one party's acceptance of the situation that a nonperforming party has caused. But a rescission due to a material breach is a termination or discharge of the contract for all purposes. 2. Property. The relinquishing of or departing from a homestead, etc., with the present, definite, and permanent intention of never returning or regaining possession. 3. Family law. The act ofleaving a spouse or child willfully and without an intent to return. Child abandonment is grounds for termination of parental rights. Spousal abandonment is grounds for divorce. Cf. DESERTION.

abandonment by operation of law See constructive abandonment.

abandonment of contest Patents. A party's withdrawal from an interference contest. The abandonment of contest must be in writing. The contest is dissolved as to the abandoning party.

abandonment of minor children See NONSUPPORT.

abandum (a-ban-dam), n. [Law Latin] Hist. A thing that has been forfeited. Also spelled abandun; abandonum.

abarnare (ab-ahr-nair-ee), vb. [Law Latin] Hist. To detect or disclose a secret crime; to bring to judgment.

abatable nuisance See NUISANCE.

abatamentum (a-bay-ta-men-tam), n. [Law Latin] Hist. See ABATEMENT (5).

abatare (ab-a-tair-ee), vb. [Law Latin] Hist. To abate.

abatement (a-bayt-mant), n. 1. The act of eliminating or nullifying <abatement of a nuisance> <abatement of a writ>. 2. The suspension or defeat of a pending action for a reason unrelated to the merits of the claim <the defendant sought abatement of the suit because of misnomer>. See plea in abatement under PLEA. "Although the term 'abatement' is sometimes used loosely as a substitute for 'stay of proceedings,' the two may be distinguished on several grounds. For example, when grounds for abatement of an action exist, the abatement of the action is a matter of right, but a stay is granted in the court's discretion. And in proper circumstances a court may stay a proceeding pending the outcome of another proceeding although a strict plea in abatement could not be sustained." 1 Am. Jur. 2d Abatement, Survival, and Revival 3 (1994). 3. The act oflessening or moderating; diminution in amount or degree <abatement of the debt>. 4. Wills & estates. The reduction of a legacy, general or specific, as a result of the estate's being insufficient to pay all debts and legacies <the abatement oflegacies resulted from the estate's insolvency>. Cf. ADEMPTION. 5. Archaic. The act oftortiously entering real estate after the owner dies and before the legal heir enters <abatement of freehold>. Also termed (in sense 5) abatamentum. - abate, vb. abatable, adj.

abatement clause A lease provision that releases the tenant from the rent obligation when an act of God or other specified reason precludes occupancy.

abater (a-bay-tar or -tor). 1. One who abates something. 2. A plea in abatement. See plea in abatement under PLEA.

abator (a-bay-tar or -tor) 1. A person who eliminates a nuisance. See ABATEMENT (1). 2. Hist. A person who tortiously intrudes on an heir's freehold before the heir takes possession. See ABATEMENT

abatuda (ab-a-t[y]oo-da), [fr. Law Latin abatudus "debased") Hist. A thing diminished, such as money reduced in value by dipping (moneta abatuda).

abavia (a-bay-vee-a), n. [Latin] Civil law. A great-great grandmother.

abavunculus (ab-a-vang-kya-las), n. [Latin] Civil law. A great-great-great uncle. Also termed avunculus maximus.

abavus (ab-a-vas), n. [Latin] Civil law. A great-great grandfather.

abbacy (ah-a-see). Eccles. law. An abbot's jurisdiction or term of tenure.

abbess (ab-is). Eccles. law. A female superior or governess of a convent. Cf. ABBOT.

abbey (ab-ee). Eccles. law. A monastery governed by an abbot, or a convent governed by an abbess.

abbey land (usu pl.), Hist. Real property held by an abbey in mortmain and therefore exempt from tithes. See MORTMAIN.

abbot (ab-at). Eccles. law. A superior or governor of an abbey. Cf. ABBESS.

abbreviated term sheet See TERM SHEET.

Abbreviatio Placitorum (a-bree-vee-ay-shee-oh plas-i-tor-am), n. [Law Latin "summary of the pleas"] Hist. An abstract of pleadings culled from the rolls of the Curia Regis, Parliament, and common-law courts from the 12th to 14th centuries, compiled in the 17th century, printed in 1811, and attributed variously to Arthur Agarde, Deputy Chamberlain of the Exchequer, and to other keepers of the records. Cf. YEAR BOOKS.

abbreviator 1. One who abbreviates, abridges, or shortens. 2. Eccles. law. An officer in the court of Rome appointed as assistant to the vice-chancellor for drawing up the Pope's briefs and reducing petitions, when granted, into proper form to be converted into papal bulls.

abbroachment (a-brohch-mant), n. Hist. The act of forestalling the market by buying wholesale merchandise to sell at retail as the only vendor. Also spelled abbrochment; abbrochement. abbroach, vb.

ABC test The rule that an employee is not entitled to unemployment insurance benefits if the employee (A) is free from the control of the employer, (B) works away from the employer's place of business, and (C) is engaged in an established trade. The name derives from the A, B, and C commonly used in designating the three parts of the test.

ABC transaction Oil & gas. A sale of a working interest from an owner (A) to an operator (B) in return for a cash payment and the right to another (usu. larger) payment when the well produces, followed by Ns sale of the right to the production payment to a corporation (C), which pays A in cash borrowed from a lender on C's pledge of the production payment. Thus A receives cash taxed at capital-gains rates, and B pays part of the purchase price with nontaxable production income. The tax advantages of this transaction were eliminated by the Tax Reform Act of 1969.

abdication (ab-di-kay-shan), n. The act of renouncing or abandoning privileges or duties, esp. those connected with high office <Edward VIII's abdication of the Crown in 1936> <the court's abdication of its judicial responsibility>. abdicate (ab-di-kayt), vb. abdicable (ab-di-ka-bal), adj. - abdicator (ab-di-kay-tar), n.

abditory (ab-di-tor-ee), n. [Law Latin abditorium "box, receptacle"] A repository used to hide and preserve goods or money. Also termed abditorium (ab-di-tor-ee-am).

abduction (ab-dak-shan), n. (17c) Criminal law. l. The act of leading someone away by force or fraudulent persuasion. Some jurisdictions have added various elements to this basic definition, such as that the abductor must have the intent to marry or defile the person, that the abductee must be a child, or that the abductor must intend to subject the abductee to concubinage or prostitution. 2. Archaic. The crime of taking away a female person, esp. one who is below a certain age (such as 16 or 18), without her effective consent by use of persua sion, fraud, or violence, for the purpose prostitution, or illicit sex. 3. Loosely, KIDNAPPING. See ENTICEMENT OF A CHILD. abduct, vb. - abductor, n. - abductee, n. "Abduction seems not to have been a crime at early common law. but found its way thereinto through an old English statute which defined the crime substantially as the taking of a woman against her will for lucre. and afterwards marrying her. or causing her to be married to another, or defiling her, or causing her to be defiled." Justin Miller, Handbook of Criminal Law 104. at 319 (1934).

abearance (a-bair-ants), n. Archaic. Behavior; conduct. "The other species of recognizance. with sureties, is for the good abearance, or good behaviour. This includes security for the peace ... ," 4 William Blackstone. Commentaries on the Laws of England 253 (1769).

Abercrombie classification Trademarks. A characterization of a trade designation - whether by mark, name, or dress as generic, descriptive, suggestive, and arbitrary or fanciful, in increasing order of distinctiveness. Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F. 2d 4, 9 (2d Cir. 1976).

aberrant behavior (a-ber-ant). (1924) A Single act of unplanned or thoughtless criminal behavior. Many courts have held that aberrant behavior justifies a downward departure that is, a more lenient sentence - under the federal sentencing guidelines, based on a comment in the introduction to the Guidelines Manual to the effect that the guidelines do not deal with Single acts of aberrant behavior. U.S. Sentencing Guidelines Manual, ch. 1, pt. A, ! 4.

abesse (ab-es-ee), vb. [Law LatinJ Roman & civil law. To be absent; to be away from a place where one is supposed to be (as before a court). Cf. ADESSE.

abet (a-bet), vb. (14c) 1. To aid, encourage, or assist (someone), esp. in the commission of a crime <abet a known felon>. 2. To support (a crime) by active assistance <abet a burglary>. See AID AND ABET. Cf. INCITE. abetment, n.

abettor A person who instigates the commission of a crime or advises and encourages others to commit it. Also spelled abetter. See principal in the second degree under PRINCIPAL.

abeyance (a-bay-ants), n. (17c) 1. Temporary inactivity; suspension. 2. Property. A lapse in succession during which no person is vested with title. abeyant, adj. "Abeyance. from the French bayer, to expect. is that which is in expectation. remembrance. and intendment of law. Bya prinCiple of law, in every land there is a fee simple in somebody. or else it is in abeyance; that is, though for the present it be in no man. yet it is in expectancy belonging to him that is next to enjoy the land." 1 Richard Burn. A New Law Dictionary 4 (1792).

abiaticus (ab-ee-ay-ta-kas), n. [Law Latin "descended from a grandfather"] Hist. A grandson in the male line; a son's son. Also spelled aviaticus.

abide 1. To tolerate or withstand <the widow found it difficult to abide the pain oflosing her husband>. 2. To obey; (with by) to act in accordance with or in conformity to <try to abide the doctor's order to quit smoking> <abide by the rules>. 3. To await <the death-row prisoners abide execution>. 4. To perform or execute (an order or judgment) <the trial court abided the appellate court's order>. 5. To stay or dwell <the right to abide in any of the 50 states>.

abiding conviction See CONVICTION.

abiding conviction- A settled conviction; a definite conviction based on a thorough examination of the case.

abigeatus (a-bij-ee-ay-tas), n. [Latin] Roman & civil law. The act ofstealing cattle by driving them away (abigere); cattle rustling. In the later civil law, the usual term for this was abaction. Also termed abigeat.

abigei 'The stealing of a single horse or ox might make a man an abigeus, but it seems that the crime could not be committed on less than four pigs or ten sheep. They need not however be taken all together. In such a state of the law one would expect thefts of three pigs or eight sheep to become abnormally common." James Fitzjames Stephen, A History of the Criminal Law of England 27 (1883).

abigeus (a-bij-ee-as), n. [Latin] Roman & civil law. One who steals cattle, esp. in large numbers; a cattle rustler. abnormally dangerous activity. This was known in the later civil law as an abactor.

ability The capacity to perform an act or service; esp., the power to carry out a legal act <ability to enter into a contract>.

abishering See MISKERING.

abjudge (ab-jaj), vb. Archaic. To take away or remove (something) by judicial decision. Cf. ADJUDGE. "As a result of the trial a very solemn judgment is pronounced. The land is adjudged to the one party and his heirs, and abjudged (abiudicata) from the other party and his heirs for ever." 2 Frederick Pollock & FrederiC W. Maitland, The History of English Law Before the Time of Edward 163 (2d ed. 1899).

abjudicatio (ab-joo-di-kay-shee-oh), n. [Law Latin) The act of depriving a person of a thing by judicial decision.

abjuration (ab-juu-ray-shan), n. A renouncing by oath.

abjuration of the realm An oath taken to leave the realm forever. "If a malefactor took refuge [in sanctuary] ... the coroner came and parleyed with the refugee, who had his choice between submitting to trial and abjuring the realm. If he chose the latter course, he hurried dressed in pilgrim's guise to the port that was assigned to him, and left England, being bound by his oath never to return. His lands escheated; his chattels were forfeited, and if he came back his fate was that of an outlaw." 2 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward I 590 (2d ed. 1899).

abjure (ab-joor), vb. 1. To renounce formally or on oath <abjure one's citizenship>. 2. To avoid or abstain from <abjure one's civic duties:>. abjuratory (ab-joor-a-tor-ee], adj.

ablative fact See divestitive fact under FACT.

ablative fact- See divestitive fact.

able adj. Legally competent and qualified <able to transfer title>.