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homine replegiando (hom-a-nee ri-plee-jee-an-doh). [Law Latin "for replevying a man"]. A writ to replevy a man out of prison, or out of the custody of a private person.

homines (hom-a-neez), n. [Latin "men"]. Feudal tenants entitled to have their causes and other matters tried only in their lord's court. See HOMO.

homines ligii (li-jee-i). [Latin]. Liege men; feudal tenants or vassals, esp. those who held immediately of the sovereign.

homiplagium (hom-a-play-jee-am), n. [Law Latin]. The maiming of a person.

hommes de fief (awm da feef), n. [French "men of the fief"]. Feudal tenants; peers in the lords' courts. Also termed hommes feodaux.

homo (hoh-moh), n. [Latin]. 1. A male human. 2. A homo sapiens; a human being of either sex. 3. A slave. 4. A vassal; a feudal tenant. 5. A retainer, dependent, or servant. PI. homines. See HOMINES.

homo alieni juris (ay-Iee- or al-ee-ee-m joor-is). See FILIUSFAMILIAS.

homo chartularius (kahr-cha-Iair-ee-as). A slave manumitted by charter.

homo commendatus (kom-an-day-tas). A man who commends himself into another's power for protection or support.

homo ecclesiasticus (e-klee-z[h]ee-as-ti-kas). A church vassal; one bound to serve a church, esp. in an agricultural capacity.

homo exercitalis (eg-zar-sha-tay-lis). A man of the army; a soldier.

homo feodalis (fyoo-day-lis). A fee man; a vassal or tenant who holds a fee.

homo fiscalis (fis-kay-lis). A servant or vassal belonging to the treasury (jiscus). Also termed homo fiscalinus.

homo francus (frangk-as). 1. In England, a freeman. 2. A Frenchman.

homo ingenuus (in-jen-yoo-as). A free and lawful man; a yeoman.

homo ligius (Ii-jee-as). A liege man, esp. the vassal of a king.

homo novus (noh-vas). 1. A new tenant or vassal; one invested with a new fee. 2. A tenant pardoned after being convicted of a crime.

homo pertinens (par-ta-nenz). A feudal bondman or vassal; one belonging to the soil.

homo regius (ree-jee-as). A king's vassal.

homo romanus (ra-may-nas). A Roman. A term used in Germanic law codes to describe the Roman inhabitants of Gaul and other former Roman provinces.

homo sui juris (s [y] oo-i joor-is). See PATERFAMILIAS.

homo tiber (Ii-bar). 1. A free man. 2. A freeman lawfully competent to be a juror. 3. An allodial proprietor, as distinguished from a feudal tenant. See ALLODIAL.

homo trium litterarum (tri-am lit-a-rair-am). [Latin "a man of three letters") A thief. The "three letters" refers to f, u, and r, for the Latin word fur ("thief").

homologacion See HOMOLOGATION.

homologare (hom-a-Ia-gair-ee), vb. [Law Latin]. Civil law. 1. To confirm or approve; to consent or assent. 2. To confess.

homologate (ha-mol-a-gayt), vb. Civil law. To approve or confirm officially <the court homologated the sale>.

homologation (ha-mol-a-gay-shan). Civil law. 1. Confirmation, esp. of a court granting its approval to some action. 2. The consent inferred by law from a party's failure, for a ten-day period, to complain of an arbitrator's sentence, of an appointment of a syndic (or assignee) of an insolvent, or of a settlement of successions. 3. A judge's approval of certain acts and agreements to render them more readily enforceable. Also termed (in Spanish law) homologacion (oh-moh-Ioh-gah-syohn). See judgment homologating the tableau under JUDGMENT.

homologous artificial insemination See artificial insemination by husband.

homologous artificial insemination- See artificial insemination by husband under ARTIFICIAL INSEMINATION.

homosexual marriage See same-sex marriage under MARRIAGE (1).

Hon abbr. HONORABLE.

honest claim A claim made by someone who believes, however unreasonably, that he or she has a right to something or that there is a chance that such a right exists.

honest claim- See CLAIM (3).

honeste vivere ([h]a-nes-tee vi-va-ree). [Latin] Roman law. To live honorably. This was one of the three general precepts in which Justinian expressed the requirements of the law. Cf. ALTERUM NON LAEDERE; SUUM CUIQUE TRIBUERE.

honest-services doctrine See INTANGIBLE-RIGHTS DOCTRINE.

honesty clause See FULL-REPORTING CLAUSE (1).

honesty defense An assertion that the defendant acted honestly and in good faith. This defense, almost unique to civil suits, is rarely raised. For example, a defendant may assert honesty as a defense to a charge of fraudulent misrepresentation. Also termed defense of honesty. Cf. CLAIM OF RIGHT (1).

honesty defense- See DEFENSE (1).

honor 1. In the United States, a courtesy title given to judges and certain other public officials. 2. (usu. pl.) In England, those dignities or privileges, degrees of nobility, knighthood, and other titles that flow from the Crown. 3. In England, a seigniory of several manors held under one baron or lord paramount.

honor- 1. To accept or pay (a negotiable instrument) when presented. 2. To recognize, salute, or praise.

honor crime A crime motivated by a desire to punish a person who the perpetrator believes has injured a person's or group's sense of honor. The term is most often applied to crimes committed against Muslim women by members of their own families for behavior that leads to perceived social harm, esp.loss of family honor. The term also extends to non-Muslims and covers many acts of violence, including assault, rape, infanticide, and murder. When the crime involves a death, it is also termed honor killing.

honor crime- See CRIME.

honor killing See honor crime under CRIME.

Honorable A title of respect given to judges, members of the U.S. Congress, ambassadors, and the like <The Honorable Ruth Bader Ginsburg>. - Abbr. Hon.

honorable discharge A formal final judgment passed by the government on a soldier's entire military record, and an authoritative declaration that he or she has left the service in a status of honor. Full veterans' benefits are given only to a person honorably discharged.

honorable discharge- See DISCHARGE (8).

honorable-engagement clause An arbitration provision in a reinsurance contract allowing the arbitrators to view the reinsurancearrangement reasonably - in line with the agreement's general purposes rather than strictly according to the rules of law or an unduly technical interpretation of contractuallanguage.

honorarium (on-a-rair-ee-am), 1. A payment of money or anything else of value made to a person for services rendered for which fees cannot legally be or are not traditionally paid. 2. A voluntary reward for that for which no remuneration could be collected by law; a voluntary donation in consideration of services that admit of no compensation in money. 3. Roman law. A gratuitous payment, esp. for professional services, as distinguished from compensation for physical labor. PI. honoraria; honorariums. Cf. MERCES.

honorary adj. (Of a title or status) conferred in recognition of merit or service, but without the attendant rights, powers, or dutiesj nominal <honorary member>. - An honorary title or status may be granted without regard to whether the honoree ever held the title or status in fact. The honorarv title conferred on a former officer who has honorably retired from office is often "emeritus" or "emerita." See EMERITUS.

honorary canon A canon who serves without payor other benefits. 6. A fixed regular payment or tribute made as a contribution payable to the church.

honorary canon- See CANON (5).

honorary feud In England, a title of nobility descending to the eldest son only. See FEUD (1)-(3).

honorary services Special services rendered to the king by a person holding tenure of grand serjeanty. The services usu. consisted of carrying the royal banner or sword, or serving at the king's coronation as a butler, as a champion, or in some other capacity.

honorary trust See TRUST.

hooligan 1. An unruly or mischievous person who causes trouble; a street-gang member. This term is often associated with boisterous fans of British sporting events. 2. See HOOLIGAN TOOL.

hooligan tool A steel bar used by police officers and firefighters to break open doors or windows. Sometimes shortened to hooligan. Also termed halligan tool.

horae juridicae (hor-ee juu-rid-i-see), n. pI. [Latin]. Juridical hours. - The time during which judges sat in court to attend to judicial business. Also termed horae judicii (hor-ee joo-dish-ee-ee).

hordera (hor-deer-a), n. [Law Latin]. In England, a treasurer. - Also termed hordarius (hor-dair-ee-as).

horderium (hor-deer-ee-am), n. [Law Latin]. In England, a hoard, treasury, or repOSitory.

horea (or-kah), n. Spanish law. 1. A gallows. 2. A stick for administering corporal punishment. 3. A designated place for administering corporal punishment.

horizontal agreement See horizontal restraint under RESTRAINT OF TRADE.

horizontal competition Competition between a seller and its competitors .o The Sherman Antitrust Act prohibits unreasonable restraints on horizontal competition, such as price-fixing agreements between competitors. Also termed primary-line competition.

horizontal competition- See COMPETITION.

horizontal equality In per capita distribution of an estate, parity of distribution among members of the same generation. See PER CAPITA. Cf. VERTICAL EQUALITY.

horizontal integration See horizontal merger under MERGER.

horizontal merger See MERGER.

horizontal nonprivity See NONPRIVITY.

horizontal price-fixing Price-fixing among competitors on the same level, such as retailers throughout an industry.

horizontal price-fixing See PRICE-FIXING.

horizontal privity See PRIVITY.

horizontal privity Commercial law. The legal relationship between a party and a nonparty who is related to the party (such as a buyer and a member of the buyer s family).

horizontal restraint A restraint of trade imposed by agreement between competitors at the same level of distribution. The restraint is horizontal not because it has horizontal effects, but because it is the product of a horizontal agreement. Also termed horizontal agreement.

horizontal restraint See RESTRAINT OF TRADE.

horizontal stare decisis The doctrine that a court, esp. an appellate court, must adhere to its own prior decisions, unless it finds compelling reasons to overrule itself

horizontal stare decisis See STARE DECISIS.

horizontal union See craft union under UNION.

horizontal-gaze nystagmus test (nis-tag-mas). A field-sobriety test for intoxication, in which the suspect is told to focus on an object (such as a pencil) and to track its movement, usu. from side to side, by moving only the eyes. Intoxication is indicated if the eyes jerk or twitch while tracking the object. - Abbr. HGN test.

horizontal-property act A statute dealing with cooperatives and condominiums.

horn tenure 1. See CORNAGE (1).2. See CORNAGE (2). hors (or). [French]. 1. Out or out of. 2. Outside or outside of.

hornbook A book explaining the basics of a given subject. 2. A textbook containing the rudimentary principles of an area of law. Cf. CASEBOOK. "Hornbook . .. The first book of children, covered with horn to keep it unsoiled." Samuel Johnson, A Dictionary of the English Language (1755).

hornbook law See BLACK LETTER LAW.

hornbook method A method of legal instruction characterized by a straightforward presentation of legal doctrine, occasionally interspersed with questions. The hornbook method predominates in civil-law countries, and in certain fields of law, such as procedure and evidence. - Also termed lecture method. Cf. CASEBOOK METHOD; SOCRATIC METHOD.

horning The denunciation of a person as an outlaw. The term comes from the old ceremony of proclaiming a person outlawed in which the king's messenger gave three blasts on a horn. Also termed putting to the horn.

hors de son fee (or da son fee), n. [French "out of his fee"]. A defensive plea in an action for rent or services by which the defendant alleged that the land in question was outside the plaintiff's fee.

horse case See WHITEHORSE CASE.

horsehead See PUMPING UNIT.

horseshedding The instructing of a witness favorable to one's case (esp. a client) about the proper method of responding to questions while giving testimony. Also termed woodshedding. Cf. SANDPAPERING. horseshed, vb.

hospital lien See LIEN.

hospitalaria See HOSTILARIA.

Hospitallers (hos-pi-tal-arz). A military and religious order founded in the 11th century and so called because it built a hospital at Jerusalem to care for pilgrims. The Crown seized all its lands and goods in England under the Grantees of Reversions Act (1540). The Hospitallers still functions in several countries as a humanitarian society.

hospitator (hos-pa-tay-tar), n. [Law Latin]. A host or entertainer.

hospitator magnus (mag-nas). The marshal of a camp.

hospitatorcommunis (ka-myoo-nis). A common in nkeeper.

hospitia (hah-spish-ee-a), n. [Latin] Inns.

hospitia cancellariae (kan-sa-Iair-ee-i). Inns of chancery.

hospitia communia (ka-myoo-nee-a). Common inns.

hospitia curiae (kyoor-ee-i). Inns of court.

hospiticide (hah-spit-,a-sid), 1. The murder of a host by a guest. 2. A host who murders a guest.

hospitium- (hah-spish-ee-am), n. [Latin] An inn; a household.

hostage 1. An innocent person held captive by another who threatens to kill or harm that person if one or more demands are not met. Hostage-taking is a federal crime. 18 USCA § 1203. Cf. KIDNAPPING. 2. Int'llaw. A person who is given or taken into an enemy's custody, in time of war, with his or her freedom or life to stand as security for the performance of some agreement made to the enemy by the belligerent power giving the hostage.