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aggressor corporation See CORPORATION.

aggressor corporation- A corporation that attempts to obtain control of a publicly held corporation by (1) a direct cash tender, (2) a public exchange offer to shareholders, or (3) a merger, which requires the agreement of the target's management.

aggressor doctrine The principle precluding tort recovery for a plaintiff who acts in a way that would provoke a reasonable person to use physical force for protection, unless the defendant in turn uses excessive force to repel the plaintiff.

aggrieved adj. (Of a person or entity) haVing legal rights that are adversely affected; having been harmed by an infringement oflegal rights.

aggrieved party See PARTY (2).

aggrieved party A party entitled to a remedy; esp., a party whose personal, pecuniary, or property rights have been adversely affected by another person actions or by a court decree or judgment. Also termed party aggrieved; person aggrieved.

aging of accounts A process of classifying accounts receivable by the time elapsed since the claim came into existence for the purpose ofestimating the balance of uncollectible accounts as of a given date.

aging-out A foster child's or minor ward's reaching the age at which any legal right to care expires. Aging-out usu. occurs when the child reaches the age of majority and becomes ineligible for foster care. Some states allow an extension of eligibility up to age 21 if the child is still in school or cannot live independently, or if it is otherwise in the child's best interests to remain in foster care and the child consents. See INDEPENDENT LIVING PROGRAM.

agio (aj-ee-oh or ay-jee-oh). The premium paid for the exchange of one kind of money for another, such as paper currency for coin or one country's currency for another's.

agiotage (aj-ee-a-tij). 1. The business of dealing in foreign exchange. 2. The speculative buying and selling of securities.

agist (a-jist), vb. To allow animals to graze on one's pasture for a fee.

agister (a-jis-tar). One who takes and pastures grazing animals for a fee; a person engaged in the business of agistment. An agister is a type of bailee for hire. Also spelled agistor. - Also termed gisetaker.

agister's lien See LIEN.

agistment (a-jist-mant). 1. A type of bailment in which a person, for a fee, allows animals to graze on his or her pasture; the taking in of cattle or other livestock to feed at a per-animal rate. 2. A charge levied upon the owner or occupier of land. Also termed gisement. See TITHE OF AGISTMENT.

agistment of sea-banks A charge on land used to pay for the upkeep ofdikes that prevent the encroachment of the sea.

agistor See AGISTER.

agl abbr. See adjusted gross income under INCOME.

agnate (ag-nayt), adj. Related or akin through male descent or on the father's side.

agnate- 1. A blood relative whose connection is through the male line. 2. A relative on the father's side, whether or not traced exclUSively through the male line. Cf. COGNATE.

agnatic (ag-nat-ik), adj. (Of a relationship) restricted to affiliations through the male line. Also termed agnatical (ag-nat-i-kal).

agnatio (ag-nay-shee-oh). [Latin]. Roman law. Kinship through the male line, not necessarily involving blood ties; specif., an affiliation of free persons ofeither sex in the power (patria potestas) of the senior living male or of a male who would be in his power ifhe were living. An agnatic relationship could be created either by adoption or by a blood relationship (cognatio) traced solely through the male side of a family. See COGNATIO; patria potestas under POTESTAS.

agnation (ag-nay-shan), n. The relationship of agnates.

agnomen (ag-noh-man). [Latin]. 1. An additional name or title; a nickname. 2. Roman law. An additional name, given in recognition of some achievement or to reflect adoption by a different gens. See NOMEN.

agrarian (a-grair-ee-an), adj. Of or relating to land, land tenure, or a division oflanded property. - agrarian, n.

agrarian law Roman & civil law.The body of law governing the ownership, use, and distribution of rural land.

agreamentum (a-gree-a-men-tam). [Law Latin] Agreement; an agreement.

agree 1. To unite in thought; to concur in opinion or purpose. 2. To exchange promises; to unite in an engagement to do or not do something. 3. Parliamentary law. To adopt (usu. in the phrase agree to). See ADOPTION (5).

agreed boundary See BOUNDARY.

agreed boundary- A negotiated boundary by which adjacent landowners resolve uncertainties over the extent of their land. Also termed boundary by agreement; boundary by acqUiescence. See DOCTRINE OF PRACTICAL LOCATION.

agreed case See agreed statement offacts under STATEMENT OF FACTS.

agreed decree See DECREE.

agreed decree- A final judgment, the terms of which are agreed to by the parties.

agreed dismissal See dismissal agreed under DISMISSAL (1).

agreed judgment See JUDGMENT.

agreed judgment A settlement that becomes a court judgment when the judge sanctions it. In effect, an agreed judgment is merely a contract acknowledged in open court and ordered to be recorded, but it binds the parties as fully as other judgments. Also termed consent judgment; stipulated judgment;judgment by consent.

agreed price The price for a sale, esp. ofgoods, arrived at by mutual agreement. Cf. open price.

agreed price See PRICE.

agreed statement of facts A narrative statement of facts that is stipulated to be correct by the parties and is submitted to a tribunal for a ruling. When the narrative statement is filed on appeal instead of a report of the trial proceedings, it is called an agreed statement on appeal.

agreed statement of facts See STATEMENT OF FACTS.

agreed statement on appeal See agreed statement of facts under STATEMENT OF FACTS.

agreed value See VALUE (2).

agreed-amount clause An insurance-policy provision that the insuredwill carry a stated amount of coverage.

agreed-boundary doctrine The principle by which adjacent landowners resolve uncertainties over land boundaries by permanently fixing the boundaries by agreement; specif., the rule that owners of contiguous land may agree on the boundary between the parcels, as long as the actual boundary is uncertain, there is agreement between the two owners about the boundary line, there is acquiescence in the agreed line for a time exceeding the statute of limitations, and the agreed boundary is identifiable on the ground. Also termed doctrine ofpractical location. See agreed boundary under BOUNDARY.

agreement 1. A mutual understanding between two or more persons about their relative rights and duties regarding past or future performances; a manifestation of mutual assent by two or more persons. 2. The parties' actual bargain as found in their language or by implication from other circumstances, including course of dealing, usage of trade, and course of performance. DCC § 1-201(3). "The term 'agreement,' although frequently used as syn· onymous with the word 'contract,' is really an expression of greater breadth of meaning and less technicality. Every contract is an agreement; but not every agreement is a contract. In its colloquial sense, the term 'agreement' would include any arrangement between two or more persons intended to affect their relations (whether legal or otherwise) to each other. An accepted invitation to dinner. for example, would be an agreement in this sense; but it would not be a contract, because it would neither be intended to create, nor would it in fact create, any legal obligation between the parties to it. Further, even an agreement which is intended to affect the legal relations of the parties does not necessarily amount to a contract in the strict sense of the term. For instance, a conveyance of land or a gift of a chattel. though involving an agreement, is ... not a contract; because its primary legal operation is to effect a transfer of property. and not to create an obligation." 2 Stephen's Commentaries on the Laws of Eng/and 5 (L. Crispin Warmington ed., 21st ed. 1950). "An agreement, as the courts have said, 'is nothing more than a manifestation of mutual assent' by two or more parties legally competent persons to one another. Agree· ment is in some respects a broader term than contract, or even than bargain or promise. It covers executed sales, gifts, and other transfers of propery."

agreement incident to divorce See DIVORCE AGREEMENT.

agreement of imperfect obligation See unenforceable contract under CONTRACT.

agreement of rescission See RESCISSION (2).

agreement of sale An agreement that obligates someone to sell and that may include a corresponding obligation for someone else to buy.

agreement- of sale See AGREEMENT.

agreement on trade related aspects of Intellectual property rights See TRIPS.

agreement relating to liability limitation of the warsaw convention See MONTREAL AGREEMENT.

agreement to agree 1. An unenforceable agreement that purports to bind two parties to negotiate and enter into a contract; esp., a proposed agreement negotiated with the intent that the final agreement will be embodied in a formal written document and that neither party will be bound until the final agreement is executed. 2. A fully enforceable agreement containing terms that are sufficiently definite as well as adequate consideration, but leaving some details to be worked out by the parties. "Although the parties [to an agreement with open terms) expect that they will reach agreement on the missing terms, what they expect to happen if they fail to reach agreement is often unclear. They may understand that there will be no contract at all or they may understand that there will be a contract with the missing term supplied as a matter of law. If the latter is their understanding, a question arises whether the agreement is one with open terms sufficiently definite to be enforceable or whether it is a mere unenforceable 'agreement to agree." E. Allan Farnsworth, Contracts § 3.29, at 217 (3d ed. 1999).

agreement to agree- See AGREEMENT.

agreement to marry See marriage promise under PROMISE.

agreement to sell An agreement that obligates someone to sell.

agreement to sell- See AGREEMENT.

agri (ag-ri), n. pl. [Latin]. Lands.

agri limitati (ag-ri lim-i-tay-ti). See ager limitatus under AGER.

agribusiness- The pursuit of agriculture as an occupation or profit-making enterprise, including labor, land-use planning, and financing the cost of land, equipment, and other necessary expenses . This term generally excludes smaller family-owned and -operated farms.

agricultural adjustment act A 1933 federal statute that paid farmers not to produce crops in an effort to raise crop prices . The U.S. Supreme Court declared the Act unconstitutional in 1936 on grounds that Congress had overstepped its power to regulate commerce. A second, more limited Agricultural Adjustment Act was enacted in 1938. Abbr. AAA.

agricultural cooperative service The federal agency within the U.S. Department of Agriculture responsible for helping farmers to organize farm cooperatives. The Service also collects statistical information on co-ops and publishes Farmer Cooperatives, a monthly magazine.

agricultural fixture See FIXTURE.

agricultural fixture- A fixture erected on leased land for use in agricultural pursuits, such as tilling the land or keeping farm animals. These fixtures mayor may not be removable at the end of the lease.

agricultural labor Work that is performed on a farm or ranch, or that pertains to the production of commodities, such as harvesting crops, raising livestock, or obtaining milk, honey, or other animal products . Agricultural labor is often excluded from certain labor laws, such as unemployment insurance and workers' compensation.

agricultural lien See LIEN.

agricultural marketing service An agency in the U.S. Department of Agriculture responsible for compiling and publishing marketing information, establishing and enforcing quality standards for agricultural products, testing those products, and making grants to states and farmers. It was established by the Secretary of Agriculture in 1972. Abbr. AMS.

agricultural research service An agency in the U.S. Department of Agriculture responsible for conducting agricultural research to ensure the production of highquality food and food products. Abbr. ARS.

agricultural-disparagement law A statute designed to protect food producers from and provide remedies for pecuniary harm resulting from false and malicious reports of food contamination. A typical statute applies to false and disparaging public statements implying or claiming that a perishable food product is unsafe for human consumption. It typically applies when the speaker or writer knows that the statements are false because the claim or implication has no basis in reliable scientific inquiry, facts, or data. Also termed veggie-libellaw; perishable food disparagement act; agricultural-product-disparagement law;food-disparagement law.

agricultural-product-disparagement law See AGRICULTURAL-DISPARAGEMENT LAW.

aguilar-spinelli test (ah-gee-Iahr spi-nel-ee or ag-wa-lahr). Criminal procedure. A standard for determining whether hearsay (such as an informant's tip) is sufficiently reliable to establish probable cause for an arrest or search warrant. Under this two-pronged test which has been replaced by a broader, totality-of-thecircumstances approach the reliability of both the information and the informant must be assessed independently. Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509 (1964); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584 (1969). Cf. TOTALITY-OF-THE-CIRCUMSTANCES TEST.

agunah (ah-goo-nah), n. jewish law. 1. A woman whose husband has deserted her or otherwise disappeared . She may not remarry until either proving his death or obtaining a divorce. 2. A woman whose husband will not agree to a divorce.

agva abbr. AMERICAN GUILD OF VARIETY ARTISTS.

ahupuaa (ah-hoo-poo-ah-ah). [Hawaiian]. A variable measure of Hawaiian land, traditionally understood to stretch from the sea to the mountains, to allow the people to obtain the various materials needed for subsistence offered at different elevations. Also spelled ahupua'a.

aicpa abbr. American Institute of Certified Public Accountants.

aid abbr. 1. See artificial insemination by donor under ARTIFICIAL INSEMINATION. 2. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.

aid- 1. A contribution toward defense costs from a third party who has a joint interest in the defense but has not been sued. 2. Hist. A subsidy or tax granted to the king for an extraordinary purpose. 3. Hist. A benevolence or tribute (Le., a sum of money) granted by the tenant to his lord in times of difficulty and distress. Over time, these grants evolved from being discretionary to mandatory. The three principal aids were: (1) to ransom the lord's person ifhe was taken prisoner; (2) to contribute toward the ceremony of knighting the lord's eldest son; and (3) to provide a suitable dowry for the lord's eldest daughter.

aid and abet To assist or facilitate the commission of a crime, or to promote its accomplishment. Aiding and abetting is a crime in most jurisdictions. Also termed aid or abet; counsel and procure. aider and abettor, n. "The phrase 'aid and abet' and 'aider and abettor' seem unnecessarily verbose .... [A]ny aid given with mens rea is abetment; hence to add the word 'aid' to the word 'abet' is not necessary and is sometimes misleading." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 724-25 (3d ed. 1982). "In connection with the principal in the second degree or accessory before the fact, the terms 'aid' and 'abet' are frequently used interchangeably, although they are not synonymous. To 'aid' is to assist or help another. To 'abet' means, literally, to bait or excite, as in the case of an animal. In its legal sense, it means to encourage, advise, or instigate the commission of a crime." 1 Charles E. Torcia, Wharton's Criminal Law § 29, at 181 (15th ed. 1993).

aid and comfort Help given by someone to a national enemy in such a way that the help amounts to treason . The phrase is a loan translation of the French aide et confort, which appears in the early 15th century in a French translation of the Bible. The first English-language use appears to have been in Grafton's Chronicles of 1568. "Aid and comfort may be given in various ways, such as buying a vessel and fitting it for service in aid of the enemy, delivering prisoners and deserters to the enemy, or selling critical materials with knowledge of the fact that the pur· chaser buys them to use in the manufacture of gunpowder for the enemy, or otherwise to aid him in his prosecution of the war. And the courts have given short shrift to the claim that such a sale was not intended to aid the enemy but only to make a profit." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 502 (3d ed. 1982).

aid of the king A request of the king made by a tenant for relief from another's demand for rent.

aid or abet See AID AND ABET.

aid or abet infringement Patents. Through some affirmative act or conduct, to actively induce or assist with another person's infringement. Aiding or abetting patent infringement is actionable under § 271(b) of the Patent Act. Cf. infringement in the inducement under INFRINGEMENT.

aid prayer A plea by a life tenant or other holder of less than a fee simple to bring into the action another who holds an interest in the estate (such as a reversioner or remainderman) to help defend the title. Also termed prayer in aid.

aid to families with dependent children Obsolete. A federally funded, state-administered welfare program that provided financial assistance to needy families with dependent children. Aid to Families with Dependent Children has been replaced by Temporary Assistance to Needy Families. - Abbr. AFDC. See TEMPORARY ASSISTANCE TO NEEDY FAMILIES.

aided-awareness survey Trademarks. A trademark survey in which interviewees are asked to choose from a spectrum of choices that prominently feature the desired response. Aided-awareness surveys are often discounted or entirely disregarded by courts in trademark-infringement actions. Also termed aidedrecall survey.

aide-memoire (ayd-mem-wahr). [French]. Int'l law. A diplomatic document that a diplomatic agent leaves with the receiving state's department offoreign affairs on the occasion of a demarche . The aide-memoire presents the receiving state with a precise record of the substance of the diplomatic agent's mission. It is typically written in an impersonal style, without mentioning either the addressee or the author. It appears on printed letterhead and is dated, but it is not Signed, initialed, or embossed with a seal. See DEMARCHE.

aider 1. An act of aiding; the curing of a defect. 2. One who aids another.

aider by pleading over The cure of a pleading defect by an adversary's answering the pleading without an objection, so that the objection is waived.

aider by subsequent pleading The cure of a pleading defect by an adversary's answer that refers to or admits a material fact or allegation that was not mentioned in the pleading, or an answer that shows the correct basis for the plaintiff's pleading. Also termed express aider.

aider by verdict The cure of a pleading defect by a trial verdict, based on the presumption that the record contains adequate proof of the necessary facts even if those facts were not specifically alleged. Also termed cure by verdict. "AIDER BY VERDICT. Wherever a pleading states the essential requisites of a cause of action or ground of defense, it will be held sufficient after a general verdict in favor of the party pleading, though the statement be informal or inaccurate; but a verdict will never aid the statement of a title or cause of action inherently defective." Benjamin J. Shipman, Handbook ofCommon-Law Pleading § 332, at 531 (Henry Winthrop Ballantine ed., 3d ed. 1923).

aiding an escape The crime of helping a prisoner escape custody.

aids See AID (2).

aiel (ay-al), n. [Law French] Hist. 1. A grandfather. 2. A writ by an heir of a grandfather for recovery of the grandfather's estate, which had been wrongfully possessed by a stranger. Also spelled aile; ayel; ayle. Also termed (in sense 2) writ of aiel. Cf. BESAYEL; COSINAGE.

aih abbr. See artificial insemination by husband under ARTIFICIAL INSEMINATION.

Aiken exemption Copyright. An exception in the law of infringement that permits retail establishments with less than 2,000 square feet of space to play radio and television broadcasts for employees and patrons without obtaining a license. Twentieth Century Music Corp. v. Aiken, 422 U.S. 151,95 S. Ct. 2040 (1975). Also termed store-receiver exemption.

aimable compositeur (ay-mah-bla- kon-poh-zee-tuur). [French]. See AMIABLE COMPOSITOR.

aip abbr.See AMERICAN INSTITUTE OF PARLIAMENTARIANS.

aipa abbr. AMERICAN INVENTORS PROTECTION ACT.

aipla- abbr. AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION.

air law The part of law, esp. international law, relating to civil aviation.

air piracy The crime of using force or threat to seize control of an aircraft; the hijacking of an aircraft, esp. one in flight. Also termed aircraft piracy. 4. The unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law. See INFRINGEMENT. pirate, vb. piratical (pi-rat-a-kak), adj. - pirate, n. "[T]he test of piracy [is] not whether the identical language, the same words, are used, but whether the substance of the production is unlawfully appropriated." Eaton S. Drone. A Treatise on the Law of Property in Intellectual Productions 97 (1879). [I]n some countries the problem is what might be called the cycle of piracy legitimate copyright owners refuse to sell in the country because of the piracy problem, which means that the only way the public can obtain the goods it wants is to turn to piracy. This in turn only strengthens the resolve of copyright owners not to do business in the country." Intellectual Property in the New Technological Age 514 (Robert P. Merges et aL eds., 1997).