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hub-and-spoke conspiracy- See wheel conspiracy under CONSPIRACY.

HUD abbr. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

hudegeld See HYDEGELD.

hue and cry 1. The pUblic uproar that, at common law, a citizen was expected to initiate after discovering a crime. Also termed vociferatio; clamor. "Hue and Cry is the old Common Law mode of pursuing, with horn and voice: persons suspected of felony, or having inflicted a wound from which death is likely to ensue." 1Joseph Chitty, A Practical Treatise on the Criminal Law26 (2d ed. 1826). "All were obliged to pursue the criminal when the hue and cry was raised. Neglect of these duties entailed an amercement of the individual, the township or the hundred. The sheriffs and the constables were under special obligations, as conservatores pacis, to fulfil these duties." 1 William Holdsworth, A History of English Law 294 (7th ed. 1956). 2. The pursuit of a felon accompanying such an uproar. 3. A written proclamation for the capture of a felon.

hue usque (hak as-kwee), adv. [Latin]. Hither to. This term commonly appeared in pleadings. - Also spelled hucusque.

huggery English law. Rare. A barrister's improperly ingratiating actions to curry favor with a solicitor for the purpose of gaining professional employment. Many consider huggery a breach of Bar etiquette, but it is not expressly forbidden.

hui (hoo-ee), n. In Hawaiian law, an association of persons who own land together, usu. as tenants in common.

huissier (wee-syay), n. [French fr. huis"door"]. 1. French law. An usher of a court; an officer (such as a marshal) who serves process. 2. In England, a ministerial officer attached to a court, responsible for service of process, issuing executions, and maintaining order during court sessions.

hulk In England, a dismantled ship used as a prison. Living conditions in hulks were notoriously poor, and their use as prisons ended as part of the broad prison-reform movements of the mid-19th century.

human rights The freedoms, immunities, and benefits that, according to modern values (esp. at an international level), all human beings should be able to claim as a matter of right in the society in which they live. See UNIVERSAL DECLARATION OF HUMAN RIGHTS.

human trafficking See TRAFFICKING.

humanitarian doctrine See LAST-CLEAR-CHANCE DOCTRINE.

humanitarian intervention See INTERVENTION.

humanitarian intervention An intervention by the international community to curb abuses of human rights within a country, even if the intervention infringes the countrys sovereignty.

humanitarian law Law dealing with such matters as the permissible use of weapons and other means of warfare, the treatment of prisoners of war and civilian populations in armed conflicts, and generally the direct impact of war on human life and liberty. Most existing rules composing humanitarian law are codified in the Geneva Conventions and their protocols.

human-leukocyte antigen test A medical process of analyzing the blood sample of a man in a paternity or legitimacy case by comparing certain indicators with the child's blood. Abbr. HLA test. See BLOODGROUPING TEST. Cf. GENETIC-MARKER TEST.

hundi See HAWALA.

hundred (bef. 12c) 1. Formerly, a county subdivision that had its own local court. "The hundred was a group of adjoining townships. It may have consisted of an area taxed at one hundred hides. Other explanations of the term 'hundred' are that the unit may have consisted of one hundred households, or the area had to supply one hundred fighting men for the national defence." L.B. Curzon, English Legal History 7 (2d ed. 1979). 2. The populace of such a subdivision. 3. See hundred court under COURT. 4. In the United States, a politi cal division derived from the English county division. Hundreds existed in colonial Delaware, Maryland, Pennsylvania, and Virginia. Today, they exist only in Delaware. hundredal (hun-dri-d<ll), adj.

hundred court In England, a larger court baron, held for all inhabitants of a particular hundred rather than a manor, in which the free suitors were the judges (jurors) and the steward the register. A hundred court was not a court of record, and it resembled a court-baron in all respects except for its larger territorial jurisdiction. The last hundred court was abolished in 1971. Also termed hundred moot. See COURT BARON.

hundred court- See COURT.

hundred moot See hundred court under COURT.

hundred rolls Records that list the various feudal tenancies and feudal obligations existing among English lords and tenants. The hundred rolls were compiled in 1274-1275 by royal commissioners from inquiries put to hundred-court juries in order to alert the Crown to the existence of feudal relationships that infringed on royal prerogatives (and thereby royal revenue).

hundredarius (han-dri-dair-ee-as), n. [Law Latin]. 1. HUNDREDARY. 2. HUNDREDOR (1).

hundredary (him-dri-der-ee), n. [Law Latin]. The chief or presiding officer of a hundred. Also termed hundredarius.

hundredes earldor (han-dridz ari-dar), n. [Latinized Old English]. The presiding officer in a hundred court. Also termed hundredes man.

hundredor (han-dri-dar), 1. A freeholder of a hundred who can sue in, or act as judge of, a hundred court. 2. A person who has been empaneled (or is fit to be empaneled) on a hundred-court jury, and who dwells within the hundred where the cause of action arose. 3. An officer who has jurisdiction of a hundred and who holds the hundred court. 4. The bailiff of a hundred.

hundredpenny (han-drad-pen-ee), A tax or due that in medieval times was levied in a hundred. See HUNDRED (1), (2).

hungjury See JURY.

hungjury A jury that cannot reach a verdict by the required voting margin. Also termed deadlocked jury.

Huntley hearing In New York practice, a pretrial hearing in a criminal case to determine the admissibility of a defendant's statement. The hearing usu. follows a defendant's motion to suppress an involuntary statement. The name derives from People v. Huntley, 204 N.E.2d 179 (N.Y. 1965), in which the court held that a judge in a criminal trial must conduct a preliminary hearing to determine whether, beyond a reasonable doubt, a defendant's confession was made voluntarily.

hurto (oor-toh), n. Spanish law. Theft; larceny; stealing.

husband A married man; a man who has a lawful spouse living. Etymologically, the word signified the house bond, the man who, according to Saxon ideas and institutions, held around him the family, for which he was legally responsible.

husbandlike and proper (Of land cultivation or management) according to the locale's usual practices.

husbandman Archaic. A farmer.

husbandria (haz-ban-dree-a), n. [Law Latin]. HUSBANDRY.

husbandry 1. Agriculture or fanning; cultivation of the soil for food. In some states, tools and equipment used in farming are exempt from forced sale for collection of a debt. 2. Generally, care of a household; careful management of resources.

husband-wife immunity See IMMUNITY (2).

husband-wife immunity- The immunity of one spouse from a tort action by the other spouse for personal injury. The immunity arose from the age-old notion that a husband and wife were one in the eyes of the law, so that one could not injure the other there being no "other." Most states and the District of Columbia have abolished interspousal tort immunity either by judicial opinion or by statute. Some states have abolished the rule only in specific instances such as intentional or vehicular torts. Also termed interspousal immunity; interspousal tort immunity; marital immunity.

husband-wife privilege See marital privilege.

husband-wife privilege See marital privilege under PRIVILEGE (3).

huscarle (hoos-kahrl), n. [Old English]. 1. A house servant or domestic; a man of the household. 2. A king's vassal, thane, or baron; an earl's man or vassal.

husfastne (hoos-fas[t]-an), n. [Old English]. A person who holds house and land; a man bound to a frankpledge.

husgablum (hoos-gab-lam), n. [Old English]. A tax or tribute levied upon a house; house rent.

hush money A bribe to suppress the dissemination of certain information; a payment to secure silence.

husting (usu. pl.) [Old English] (bef. 12c) 1. A deliberative assembly, esp. one called by the king or other leader. 2. COURT OF HUSTINGS. 3. The raised platform used by officials of the Court of Hustings. 4. The raised platform used to nominate candidates for Parliament. This practice ended after passage of the Ballot Act in 1872. 5. Any place where political campaign speeches are made.

hutesium et clamor (h[y]oo-tee-z[h]ee-am et klam-ar). [Law Latin] HUE AND CRY.

hybrid action A lawsuit in which a union member asserts claims against the employer for breach of a collective bargaining agreement, and against the union for breach of the duty of fair representation.

hybrid class action A type of action in which the rights to be enforced were several and varied, but the object was to adjudicate claims that affected or might have affected the specific property in the action.

hybrid class action- See CLASS ACTION.

hybrid mark See composite trademark under TRADEMARK.

hybrid security A security with features of both a debt instrument (such as a bond) and an equity interest (such as a share of stock). An example of a hybrid security is a convertible bond, which can be exchanged for shares in the issuing corporation and is subject to stock-price fluctuations.

hybrid security See SECURITY.

hybrid trademark See composite trademark under TRADEMARK.

Hyde Amendment A federal law that prohibits the use of Medicaid funds for abortions except when necessary to save the mother's life, and that prohibits federally funded family-planning programs from providing abortion counseling. The bill was sponsored by Representative Henry Hyde of Illinois.

hydegeld (hid-geld), 1. In England, a discharge for an assault on a trespassing servant. 2. HIDEGILD. Also spelled hudegeld.

Hydraflow test A principle for deciding when an inadvertent disclosure of a privileged document is a waiver of the attorney-client privilege, whereby the court considers the reasonableness of the precautions taken to prevent the inadvertent disclosure, the number of disclosures involved, the extent of the disclosure, the promptness ofany efforts to remedy the disclosure, and whether justice would be best served by permitting the disclosing party to retrieve the document. Hydraflow, Inc. v. Enidine, Inc., 145 F.R.D. 626 (W.D.N.Y. 1993).Also termed middle-of-the-road test. Cf. lenient test; strict test.

hyperlink Intellectual property. An element on a Web page usu. a word, phrase, or graphic, but sometimes a Single pixel that, when clicked on, takes the user to another part of the same website or to a different website. A copyright violation occurs if a person knows or has reason to know that a link will be used for unauthorized copying, and creates a link to encourage or contribute to wrongful copying. Often shortened hypothetical-person defense to link.

hypertext markup language The programming code used on websites to format text and provide links between resources. - Abbr. HTML.

hypertext transfer protocol The set of programmed rules that enable computers to exchange information over the Internet. Browsers use http to contact other computers. Abbr. http.

hypobolum (hi-pob-a-Iam), n. [Latin fr. Greek]. Civillaw. A legacy given to a wife, in addition to her dowry, on the death of her husband. PI. hypobola.

hypothec- (hi -poth-ek or hi-). Civil law. A mortgage given to a creditor on property to secure a debt; HYPOTHECA.

hypotheca (hi-pa-thee-ka or hip-a-), n. [Latin fr. Greek]. Roman law. A mortgage of property in which the debtor was allowed to keep, but not alienate, the property. "Yet another mode of creating a security is possible, by which not merely the ownership of a thing but its possession also remains with the debtor. This is called by the Roman lawyers and their modern followers hypotheca. Hypothecs may arise by the direct application of a rule of law, by judicial decision, or by agreement." Thomas E. Holland, The Elements of Jurisprudence 235 (13th ed. 1924).

hypothecaria actio (hi-poth-a-kair-ee-a ak-shee-oh). [Latin]. Roman law. A hypothecary action; an action to enforce a mortgage or to obtain the surrender of the thing mortgaged. Also termed action hypothecaria. See hypothecary action under ACTION.

hypothecarii creditores (hi-poth-a-kair-ee-i kred-a-tor-eez). [Latin]. Roman law. Hypothecary creditors; those who lent money on the security of a hypotheca.

hypothecary (hi-poth-a-ker-ee), adj. Of, relating to, or involving a hypothec or hypothecation.

hypothecary action (hI-poth-a-ker-ee). Roman & civil law. An action for the enforcement of a mortgage (hypotheca); a lawsuit to enforce a creditor's claims under a hypothec or hypothecation. Also termed actio hypothecaria.

hypothecary action- See ACTION (4).

hypothecary debt A lien on an estate.

hypothecary debt- See DEBT.

hypothecate (hi-poth-a-kayt), vb. To pledge (property) as security or collateral for a debt, without delivery of title or possession.

hypothecation (hi-poth-a-kay-shan). The pledging of something as security without delivery of title or possession. hypothecator (hi-poth-a-kay-tar), n.

hypothecation bond A bond given in the contract of bottomry or respondentia.

hypothecation bond- See BOND (2).

hypotheque (ee-poh-tek), n. French law. Hypothecation; the right vested in a creditor by the assignment to the creditor of real estate as security for a debt, whether or not accompanied by possession. Hypotheque may be legale, as the charge that the state has over the lands of its accountants, or that a married woman has over the lands of her husband;judiciaire, when it is the result of a judgment ofa court of justice; or conventionelle, when it is the result of the parties' agreement.

hypothesis (hi-poth-a-sas). 1. A supposition based on evidence but not proven; a proposed explanation, supported by evidence, that serves as a starting point for investigation. 2. A theory or supposition proposed for the sake of debate.

hypothetical adj. 1. Involving tentative theory or supposition adopted provisionally; assumed or postulated merely for the sake of argument.

hypothetical- A proposition or statement that is presumed true for the sake oflogical analysis or debate. Hypotheticals are often used as teaching tools to illustrate the application oflegal principles or to explore the potential consequences of words and actions. See HYPOTHETICAL QUESTION.

hypothetical contract See conditional contract.

hypothetical contract- See conditional contract under CONTRACT.

hypothetical creditor An actual or codecreated judicial-lien creditor or bona fide purchaser who establishes a bankruptcy trustee's status under the Bankruptcy Code's priority scheme, claiming property through the debtor at the time of the bankruptcy filing. II USCA § S44. - Also termed hypotheticallien creditor.

hypothetical creditor- See CREDITOR.

hypothetical lien creditor See hypothetical creditor under CREDITOR.

hypothetical negotiation A judicial construct used to calculate damages in a patent-infringement suit by arriving at a figure that would have been reasonable royalty acceptable to both parties.

hypothetical pleading See PLEADING (1).

hypothetical pleading A pleading asserting that if a certain fact is true, then a certain result must follow. Hypothetical pleadings are generally improper.

hypothetical question See HYPOTHETICAL QUESTION.

hypothetical question A trial device that solicits an expert witness's opinion based on assumptions treated as facts established by evidence. - Also termed abstract question.

hypothetical tenant A fictional person used for assessing property taxes, which are based on what the person would pay to lease the property.

hypothetical tenant See HYPOTHETICAL TENANT.

hypothetical-person defense An entrapment defense in which the defendant asserts that an undercover law-enforcement officer (or person acting at the law-enforcement officer's direction) encouraged the defendant to engage in the criminal conduct either by making false representations deSigned to convince the defendant that the conduct was not prohibited, or by using persuasive methods that created a substantial risk that the charged offense would be committed by a person who was not otherwise inclined to commit it. This defense has been adopted by a minority of states and by the Model Penal Code. - Also termed objective method. See Model Penal Code § 2. 13. Cf. SHERMAKSORRELLS DOCTRINE.

i.e. abbr. [Latin id est]. That is <the federal government's highest judicial body, i.e., the Supreme Court>. Cf.E.G.

I0 abbr. BUREAU OF INTERNATIO:NAL ORGANIZATION AFFAIRS.

IABA abbr. INTER-AMERICAN BAR ASSOCIATION.

IAF abbr. INTER-AMERICAN FOUNDATION.

IAIP abbr. INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION DIRECTORATE.

ibi [Latin], There and then.

ibid (ib-id). abbr. [Latin ibidem]. In the same place. This abbreviation, used in citations (mostly outside law), denotes that the reference is to a work cited immediately before, and that the cited matter appears on the same page of the same book (unless a different page is specified). Also termed lb. Cf. ID.

ICANN abbr. INTERNET CORPORATION FOR ASSIGNED NAMES AND :-lUMBERS.

ICC abbr. 1. INTERSTATE COMMERCE COMMISSION. 2. INTERNATIONAL CRIMINAL COURT.

ICJ abbr. INTERNATIONAL COURT OF JUSTICE.