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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).

air pollution Environmental law. Any harmful substance or energy emitted directly or indirectly into the air, esp. if the harm is to the environment or to the public health or welfare.

air right The right to use all or a portion of the airspace above real property.

air waybill See WAYBILL.

airbill A document serving as a bill oflading for goods transported by air. The term includes air consignment notes and air waybills.

aircraft piracy See air piracy under PIRACY (2).

airman's certificate A license that every aircraft pilot must have to operate an aircraft in U.S. airspace. 49 USCA §§ 44701-44711; 14 CFR § 61.3.

Airman's Information Manual A publication of the Federal Aviation Administration, providing the fundamental requirements of any pilot who flies in national airspace.

air-quality criteria Environmental law. The legal limits that the Environmental Protection Agency sets for atmospheric or airborne pollutants in a defined area and at a specified time.

air-quality-control region Environmental law. A federally deSignated area in which communities share an air-pollution problem, often involVing several states; an interstate area or major intrastate area that the Environmental Protection Agency designates for monitoring and ameliorating ambient air-quality standards. 42 USCA § 7407(c).

air-services agreement See AIR-TRANSPORT AGREEMENT.

airspace The space that extends upward from the surface of land, esp. so far as is necessary for the owner or possessor to have reasonable use and enjoyment ofthe inci-dents ofits ownership or possession. Cf. OUTER SPACE.

air-transport agreement A contract governing the operation of air services; esp., an intergovernmental agreement governing the operation of international air services between their territories. Also termed airservices agreement.

aisiamentum (ay-shee-a -men-tem). [Law Latin]. An easement or privilege.

aisne See EIGNE.

ajs abbr. AMERICAN JUDICATURE SOCIETY.

al (ahl), prep. [Law French]. At.

al barre (ahl bahr).[Law French]. At the bar.

Alaska trust See asset-protection trust (1) under TRUST (3).

alba firma (al-ba- far-ma). [Law Latin]. See WHITE RENT.

albacea (ahl-ba-thay-a), n. Spanish law. An executor; the person named by a testator to carry out the directions of a will.

albanus (al-bay-nas), n. [Law Latin]. See ADVENA.

album breve (al-bam breev or bree-vee). See BREVE.

album breve- (al-bam breev or bree-vee). A blank writ; a writ with a blank or omission in it.

albus liber (al-bas li-bar). [Law Latin "white book"]. Hist. An ancient book containing a compilation of the laws and customs of the city of London. Also termed White Book.

alcalde (ahl-kahl-day or al-kal-dee). [fr Arabic aI-qadi "the Cadi" or "the judge"]. Spanish law. 1. Hist. A judicial officer. The alcalde'S functions typically resembled those of a justice of the peace. 2. The mayor of a Spanish or Spanish-American town, usu. with a judicial element. This is the modern sense.

Alcohol and Tobacco Tax and Trade Bureau A bureau in the U.S. Department of the Treasury that administers the laws governing the production, use, and distribution ofalcohol and tobacco products, and collects excise taxes on firearms and ammunition . The Bureau has the tax-enforcement functions ofthe former Bureau of Alcohol, Tobacco, and Firearms. Abbr. TTB.

alcoholometer See BREATHALYZER.

alderman A member of a city councilor other local governing body. Also termed alderperson.

aldermannus (al-dar-man-as). [Law Latin]. Hist. An alderman.

aldermannus civitatis vel burgi (siv-i-tay-tis vel bar-ji). An alderman of a city or borough.

aldermannus hundredi seu wapentachii (han-dri-di syoo wahp-an-tay-kee-i). An alderman of a hundred or wapentake.

aldermannus regis (ree-jis). An alderman of the king, so called because he is appointed by the king or gives the king's judgment in the premises allotted to him.

aldermannus totius Angliae (toh-shee-as-ang-glee-ee). An alderman of all England, similar to the chief justiciary of England in later times. See JUSTICIARY.

alderperson See ALDERMAN.

alderwoman A female member of a city council or other local governing body.

ale silver A rent or tribute paid annually to the lord mayor of London by persons who sold ale within the city.

alea (ay-Iee-e), n. [Latin]. Roman law. 1. A game ofchance. 2. The chance of gain or loss in a contract.

aleator (ay-Iee-ay-tar). [Latin]. Roman law. A gambler; dice player.

aleatory (ay-Iee-a-tor-ee), adj. Dependent on uncertain contingencies . The word aleatory derives from the Latin word aleator, meaning "a gambler," which itself comes from alea (a die used in gaming). Also termed aleatoric.

aleatory contract See CONTRACT.

aleatory contract- (ay-Iee-a-tor-ee). [fr. Latin aleator "gambler," fro alea "the throwing of dice"] (1891) A contract in which at least one party's performance depends on some uncertain event that is beyond the control of the parties involved. Most insurance contracts and life annuities are of this type. - Also termed hazardous contract; wagering contract. Cf. certain contract. "A contract is aleatory when, because of the nature or according to the parties' intent, the performance of either party's obligation, or the extent of the performance, depends on an uncertain event." La. Civ. Code art. 1912.

aleatory promise See PROMISE.

aleatory promise (ay-lee-a-tor-ee). A promise conditional on the happening of a fortuitous event, or on an event that the parties believe is fortuitous.

alegal adj. Outside the sphere oflaw; not classifiable as being legal or illegal <the law often treats the promises of unmarried cohabitants as contractual words rather than alegal words of commitment>. alegality, n.

aler a Dieu See ALLER ADIEU.

aler sans jour See ALLER SANS JOUR.

alevosia Spanish law. See MALICE. See Pico v. United States, 228 U.S. 225, 33 S.Ct. 482 (1913).

alez adeu (ah-lay ah-duu). See ADEU.

alfet (al-fet). Hist. A cauldron filled with boiling water, used to scald the arm of a person undergoing an ordeal. See ordeal by water (2) under ORDEAL.

Alford plea A guilty plea that a defendant enters as part of a plea bargain, without actually admitting guilt. This plea is not considered compelled within the language of the Fifth Amendment if the plea represents a voluntary, knowing, and intelligent choice between the available options <the defendant realizing the strength of the prosecution's evidence and not wanting to risk receiving the death penalty - entered into an Alford plea>. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160 (1970). Cf. NO CONTEST.

Alford plea See ALFORD PLEA.

algorithm Patents. A mathematical or logical process consisting of a series of steps, designed to solve a specific type of problem. Algorithms were long considered abstract ideas and therefore unpatentable subject matter. But in 1998, the U.S. Court of Appeals for the Federal Circuit found valid a patent on financial software as "a practical application ofa mathematical algorithm [that] produces a useful, concrete and tangible result." State St. Bank & Trust Co. v. Signature Fin. Group, 149 F.3d 1368 (Fed. Cir. 1998). That precedent makes it easier to patent computer software, which consists almost entirely of algorithms.

algorithm exception Patents. The general rule that an abstract mathematical function, such as an algorithm, cannot be patented. The exception was first articulated by the U.S. Supreme Court in Gottschalk v. Benson, 409 U.S. 63, 93 S.Ct. 253 (1972). The rule was undermined by State St. Bank & Trust Co. v. Signature Fin. Group, 149 F.3d 1368 (Fed. Cir. 1998). In that case, the court decided that a machine's transformation of numerical data into a calculated share price was a sufficient and practical application of a mathematical algorithm, formula, or calculation, because the final share price was "a useful, concrete and tangible result." Also termed mathematical-algorithm exception.

ali abbr. AMERICAN LAW INSTITUTE.

ali test See SUBSTANTIAL-CAPACITY TEST.

alia enormia (ay-lee-a- i-nor-mee-a). [Law Latin "other serious wrongs"]. Hist. A general allegation of injuries made at the conclusion ofthe declaration by a plaintiff in a trespass action.

aliamenta (al-ee-a-men-ta). [Latin]. A liberty of passage or open way, such as a path through another's hedge or drainage for a waterway.

alias (ay-Iee-as), adj. Issued after the first instrument has not been effective or resulted in action.

alias- 1. Otherwise called or named; also known as <William Grimsby, alias the Grim Reaper>. 2. At another time.

alias dictus (ay-lee-as dik-tas), adv. [Latin]. Otherwise called; ALIAS (1).

alias execution See EXECUTION.

alias execution- A second execution issued to enforce a judgment not fully satisfied by the original writ. Cf. alias writ under WRIT.

alias process See PROCESS.

alias process A process issued after an earlier process has failed for some reason. Among the types of alias process are alias execution, alias subpoena, alias summons, and alias writ.

alias subpoena See SUBPOENA.

alias subpoena (ay-lee-as sa-pee-na). A second subpoena issued after an initial subpoena has failed.

alias summons See SUMMONS.

alias summons A second summons issued after the original summons has failed for some reason.

alias writ See WRIT.

alias. 1. An assumed or additional name that a person has used or is known by. Also termed assumed name; jictitious name. Cf. PSEUDONYM. 2. Hist. A second writ issued after the first has failed. See alias writ under WRIT. Pl. aliases.

alibi (al-a-bi), n. [Latin "elsewhere"]. 1. A defense based on the physical impossibility of a defendant's guilt by placing the defendant in a location other than the scene of the crime at the relevant time. Fed. R. Crim. P. 12.1. 2. The fact or state of having been elsewhere when an offense was committed.

alibi- To offer or provide an alibi for <the conspirators alibied for each other>.

alibi witness See WITNESS.

alien (ay-Iee-an or ayl-yan), n. A person who resides within the borders of a country but is not a citizen or subject of that country; a person not owing allegiance to a particular nation. In the United States, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized under U.S. law.

alien- vb. See ALIENATE.

alien ami See alien friend.

alien ami. See alien friend under ALIEN.

alien amy See alien friend.

alien amy- See alien friend under ALIEN.

Alien and Sedition Acts Four statutes passed in 1798 designed to silence critics of the Federalist party by tightening residency requirements for citizenship, granting to the President the power to jail aliens considered dangerous to the country, and restricting freedoms of the press and speech by criminalizing speech hostile to the government. All the acts had expired or been repealed by 1802.

alien corporation See foreign corporation under CORPORATION.

alien corporation- See foreign corporation.

alien enemy A citizen or subject of a country at war with the country in which the citizen or subject is living or traveling. Also termed enemy alien. "In its natural meaning, the term 'alien enemy' indicates a subject of a State with which this country is at war; but in considering the enforcement of civil rights, the test is not nationality, but residence or place of business. Hence, if a person is voluntarily resident in or is carrying on business in an enemy country, then he is an alien enemy even though he be a British subject or the subject of a neutral State ...." 1 EW. Chance, Principles of Mercantile Law 52·53 (P.W. French ed., 13th ed. 1950).

alien enemy- See ALIEN.

alien enemy. See ALIEN.

alien friend An alien who is a citizen or subject of a friendly power. Also termed (in Law French) alien amy; alien ami.

alien friend- See ALIEN.

alien immigrant See IMMIGRANT.

alien immigrant- See IMMIGRANT.

alien immigrant, An immigrant who has not yet been naturalized.

Alien Tort Claims Act A section in the Judiciary Act of 1789 giving federal courts jurisdiction to hear tort claims brought by foreigners who allege a violation of international law or a treaty to which the United States is a party. 28 USCA § 1350. The statute was largely dormant until the 1980s, when it was invoked in several cases involVing torture, disappearances, or killings committed by non-Americans in foreign countries. See, e.g., Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir. 1980). Later, alien plaintiffs began using the law to sue large corporations and the United States government or those acting at the government's direction. See, e.g., Sosa v. Alvarez-Machain, 542 U.S. 692, 124 S.Ct. 2739 (2004); Bano v. Union Carbide Corp., 273 F.3d 120 (2d Cir. 2001). Also termed Alien Tort Statute.

alienable (ay-Iee-a-na-bal or ayl-ya-), adj. Capable of being transferred to the ownership of another; transferable <an alienable property interest>. - alienability, n.

alienage (ay-Iee-a-nij or ayl-ya-nij), n. The condition or status of being an alien.

alienate (ay-Iee-a-nayt or ayl-ya-), vb. To transfer or convey (property or a property right) to another. Also termed alien.alienator, n.

alienatio feudi (ay-Iee-a-nay-shee-oh fyoo-di). [Law Latin]. Hist. DispOSition of a feudal right.

alienatio feudifirmae feudifirmarum (ay-Iee-a-nay-shee-oh fyoo-di-far-mee fyoo-di-far-mair-am). [Law Latin" disposition of a feuholding offeuholders"]. Hist. A conveyance to avoid the prohibition on alienation of Crown lands. It was nullified by statute in 1597.

alienation (ay-Iee-a-nay-shan or ayl-ya-nay-shan), n. 1. Withdrawal from former attachment; estrangement <alienation of affections>. 2. Conveyance or transfer of property to another <alienation of one's estate>. alienative (ay-Iee-a-nay-tiv or ayl-ya-), adj. "[A]ny transfer of real estate short of a conveyance of the title is not an alienation of the estate: 4A John Alan Appleman & Jean Appleman, Insurance Law and Practice § 2741, at 325 n.12 (rev. vol. 1969).

alienation clause 1. A deed provision that either permits or prohibits the further conveyance of the property. 2. Insurance. A clause in an insurance policy voiding coverage if the policyholder alienates the insured property.

alienation of affections A tort claim for willful or malicious interference with a marriage by a third party without justification or excuse . Where the cause of action still exists, the elements are (1) some wrongful conduct by the defendant with the plaintiff's spouse, (2) the loss of affection or loss ofconsortium of the plaintiff's spouse, and (3) a causal relationship between the defendant's conduct and the loss of consortium. Only a few states allow this cause of action. But the doctrine thrives elsewhere. For example, a North Carolina court has upheld a $1 million award to an ex-wife who filed an alienation-of-affections action against her ex-husband's new wife. Hutelmyer v. Cox, 514 S.E.2d 554 (N.C. Ct. App. 1999). See CONSORTIUM; HEARTBALM STATUTE.