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alienation office An office for the recovery of fines levied upon writs of covenant and entries.

alienation office See OFFICE.

alienative fact See FACT.

alienative fact- (ay-lee-a-nay-tiv or ay-Iee-a-na-tiv). A fact that divests a person of a right by transferring it to another.

alienee (ay-lee-a-nee or ayl-ya-nee), n. One to whom property is transferred or conveyed. Also termed disponee.

alieni generis (ay-lee-ee-ni [or al-ee-] jen-a-ris). [Latin]. Of another kind; of a foreign kind.

alieni juris (ay-Iee-ee-ni [or al-ee-] joor-is), adj. [Latin] Roman law. Subject to the power or authority of another. Also spelled alieni iuris.

alienigena (ay-lee-a-nij-a-na). [Latin]. Hist. An alien. Cf INDIGENA.

alienism The state, condition, or character of an alien.

alienist Archaic A psychiatrist, esp. one who assesses a criminal defendant's sanity or capacity to stand trial.

alienor (ay-Iee-a-nar or -nor), n. One who transfers or conveys property to another. Also termed disponor.

alienus (ay-Iee- or al-ee-ee-nas), adj. [Latin]. Roman law. Belonging to another.o Alienus homo means "another's slave."

aliment The financial support that an indigent person is entitled to receive from a spouse or, if unmarried, from a relative or relatives in a prescribed order, beginning with the person's children. Also termed (in English law) alimony.

alimenta (al-a-men-ta). [Latin] Roman law. Things necessary to sustain life, such as food and clothing.

alimentary-canal smuggling Smuggling carried out by swallowing packets, usu. balloons, filled with contraband, which stays in the smugglers stomach or intestines during the crossing of a border.

alimentary-canal smuggling See SMUGGLING.

alimony (al-a-moh-nee). 1. A court-ordered allowance that one spouse pays to the other spouse for maintenance and support while they are separated, while they are involved in a matrimonial lawsuit, or after they are divorced Alimony is distinct from a property settlement. Alimony payments are taxable income to the receiving spouse and are deductible by the payor spouse; payments in settlement of property rights are not.The Supreme Court has held unconstitutional a statute that imposed alimony obligations on the husband only. Orr v. Orr, 440 U.S. 268, 99 S.Ct. 1102 (1979). Also termed spousal support; maintenance. Cf. CHILD SUPPORT; DIVORCE AGREEMENT. "'Alimony,' which signifies literally nourishment or suste· nance, means, in a general sense, the allowance required by law to be made to a spouse from the other spouse's estate for support or maintenance, either during a matrimonial suit or at its termination, where the fact of marriage is established and the right to a separate maintenance is proved. Similarly stated, alimony is the allowance which a party may be compelled to pay to his or her spouse for maintenance when they are living apart or after they have been divorced." 278 CJS Divorce § 306, at 102-03 (1986).

alimony in gross Alimony in the form of a Single and definite sum not subject to modification. Also termed lump-sum alimony.

alimony pendente lite (pen-den-tee Ii-tee). [Latin pendente lite "pending litigation"]. See temporary alimony.

alimony trust See TRUST.

alio intuitu (ay-Iee-oh in-t[y]oo-a-t[y]oo,adv. [Latin "under a different aspect"]. In a different view; with respect to another case or condition.

alioquisuccessurus (ay-Iee-oh-kwi sak-ses-a-ras). [Latin]. Hist. (Of an heir) otherwise entitled to succeed .The phrase appeared in reference to an heir who would have succeeded to the property by law, even without a deed granting succession rights. Also spelled alioquin successurus. "In the general case, an heir who succeeds to an estate, incurs by his succession liability for the debts and obliga' tions of his ancestor .... But if the heir succeeding to the estate can take it up in a different character from that of heir of the last proprietor, if he be alioqui successuyus, such liability is not incurred." John Trayner, Trayney's Latin Maxims 38 (4th ed. 1894).

aliqualis probatio (al-i-kway-lis proh-bay-shee-oh). [Law Latin] Hist. proof of some sort. The phrase referred to evidence that,although not meeting strict legal requirements, was the best available under the circumstances.

aliquot (al-a-kwot), adj. Contained in a larger whole an exact number of times; fractional <5 is an aliquot part of 30>.

aliquot-part rule The principle that a person must intend to acquire a fractional part of the ownership of property before a court can declare a resulting trust in the person's favor.

aliter (al-a-tar). [Latin]. Otherwise; it would be other wise."If I trespass on another's land, and make an excavation there Without leaving any rubbish on the land, the trespass ceases as soon as I leave the land, and does not continue until I have filled the excavation up again. Consequently only one action will lie, and in it full damages are recoverable for both the past and the future. Aliter if I have brought a heap of soil and left it on the plaintiff's land: R.F.V. Heuston, Salmond on the Law of Torts 42 (17th ed. 1977).

aliud (ay-Iee-ad). [Latin] Something else; another thing.

aliud examen (ay-Iee-ad ig-zay-man). [Latin "another investigation" or "another trial "]. A different or foreign mode of trial

aliud simulatum, aliud actum (ay-Iee-ad sim-ya-lay-tam, ay-lee-ad ak-tam). [Latin]. Hist. One thing pretended, another thing done.

aliunde (ay-Iee-yan-dee), adj. [Latin]. From another source; from elsewhere <evidence aliunde>. See extrinsic evidence under EVIDENCE.

aliunde rule Evidence. The doctrine that a verdict may not be impeached by a juror's testimony unless a foundation for the testimony is first made by competent evidence from another source.

alj abbr. ADMINISTRATIVE-LAW JUDGE.

all and singular Collectively and individually.

all faults, with See AS IS.

all fours See ON ALL FOURS.

all rights reserved Copyright. A phrase required as part of a valid copyright notice under the Buenos Aires Convention. Because other international copyright treaties do not require the phrase, and all signatories to the Buenos Aires Convention are parties to other treaties, the phrase is now surplusage.

all substantial rights Patents. Every right in a patent (whether or not held by the grantor) that is of value when the patent rights or an undivided interest in a patent is transferred . A transfer is not a transfer of all substantial rights to a patent if: (1) it is territorially restricted; (2) its term is less than the patent term; (3) it contains field-of-use limitations; or (4) it does not convey rights to all claims in the patent.

All Writs Act A federal statute that gives the U.S. Supreme Court and all courts established by Congress the power to issue writs in aid of their jurisdiction and in conformity with the usages and principles of law. 28 USCA § 165(a).

all-claims rule Patents. The now-abandoned doctrine that a patent is invalid unless every inventor named in the patent made an inventive contribution to every claim in the patent.o Section 116 of the Patent Act now expressly provides that inventors may apply for a patent jointly even though each did not make a contribution to the subject matter of every claim.

allegata (al-a-gay-ta). [Latin]. pl. ALLEGATUM.

allegatio falsi (al-a-gay-shee-oh fal-si or fawl-si). [Latin] Hist. An untrue allegation. Cf. EXPRESSIO FALSI.

allegation 1. The act of declaring something to be true. 2. Something declared or asserted as a matter of fact, esp. in a legal pleading; a party's formal statement of a factual matter as being true or provable, without its having yet been proved. - allege, vb.

allegation of faculties Family law. Archaic. A statement detailing a husband's or wife's property, made by a spouse who seeks alimony. See FACULTIES.

allegation of use See amendment to allege use under TRADEMARK APPLICATION AMENDMENT.

allegations-of-the-complaint rule See EIGHT-CORNERS RULE.

allegatum (al-a-gay-tam), n. [Latin]. A fact alleged in a pleading; ALLEGATION. PL allegata. Cf. PROBATUM.

alleged (a-lejd), adj. 1. Asserted to be true as described <alleged offenses>. 2. Accused but not yet tried <alleged murderer>.

allegiance 1. A citizen's or subject's obligation offidelity and obedience to the government or sovereign in return for the benefits of the protection of the state. Allegiance may be either an absolute and permanent obligation or a qualified and temporary one.

all-elements rule Patents. The principle that under the doctrine ofequivalents, there can be no patent infringement if even one element of a claim or its eqUivalent is not present in the accused device .o This rule acts to limit the doctrine of eqUivalents and prevent the doctrine's application to an entire claim, rather than the claim's constituent elements. Also termed all-limitations rule; rule against vitiation ofa claim element. Cf. ALL-STEPS RULE, INHERENCY DOCTRINE. [Cases: Patents (~=226.6.]

Allen charge (1940) Criminal procedure. A supplemental jury instruction given by the court to encourage a deadlocked jury, after prolonged deliberations, to reach a verdict. Allen v. United States, 164 U.S. 492, 17 S.Ct. 154 (1896). - Also termed dynamite charge; dynamite instruction; nitroglycerine charge; shotgun instruction; third-degree instruction. [Cases: Criminal Law 865(1.5).]

aller a Dieu (a-lay a dyuu or dyoo). [Law French] To go to God .o This phrase prays for the case to be dismissed from court. Sometimes spelled aler a Dieu. Cf. ADIEU.

aller sans jour (a-lay san zhoor). [Law French] To go without day .o This phrase prays for a final dismissal of a case. Also spelled aler sans jour. See GO HENCE WITHOUT DAY; ADEU.

all-estate clause See ALL-THE-ESTATE CLAUSE.

all-events test (1954) Tax. A requirement that all events fixing an accrual-method taxpayer's right to receive income or incur expense must occur before the taxpayer can report an item of income or expense. [Cases: Internal Revenue (~=3373.]

alleviare (a-lee-vee-air-ee), vb. [Law Latin] To levy or pay a fine or composition.

all-holders rule Securities. 1. An SEC rule that prohibits a public offering by the issuer of shares to some, but not all, of the holders of a class of shares. 2. An SEC rule requiring a tender offeror to make its offer to all the target company's shareholders. [Cases: Securities Regulation (~=52.30-52.50.]

alliance 1. A bond or union between persons, families, states, or other parties. Cf. STRATEGIC ALLIANCE. 2. Int'l law. A union or association of two or more states or nations, usu. formed by league or treaty, esp. for jointly waging war or mutually protecting against and repelling hostile attacks .o An example is the North Atlantic Treaty Organization (NATO). Cf. DETENTE; ENTENTE.

allied offense A crime with elements so similar to those of another that the commission of the one is automatically the commission of the other.

allied offense See OFFENSE (1).

all-inclusive mortgage See wraparound mortgage under MORTGAGE.

allision (a-lizh-an), n. Maritime law. The contact of a vessel with a stationary object such as an anchored vessel or a pier . In modern practice, "collision" is often used where "allision" was once the preferred term. Cf. COLLISION. [Cases: Shipping ~=81.] --- allide (a-lld), vb.

all-limitations rule See ALL-ELEMENTS RULE.

allocable (al-a-ka-bal), adj. Capable of being allocated.

allocation A designation or apportionment for a specific purpose; esp., the crediting ofa receipt or the charging of a disbursement to an account <allocation of funds>. allocate, vb. - allocable, adj. allocator, n.

allocatione facienda (al-a-kay-shee-oh-nee fay-shee-en-da), n. See DE ALI.OCATIONE FACIENDA.

allocatur (al-aar-kay-tar). [Law Latin]. It is allowed . This word formerly indicated that a writ, bill, or other pleading was allowed. It is still used today in Pennsylvania to denote permission to appeal. Also termed allogatur.

allocute (al-a-kyoot), vb. To deliver an allocution in court.

allocution (al-akyoo-shan), n. Criminal procedure. 1. A trial judge's formal address to a convicted defendant, asking him or her to speak in mitigation of the sentence to be imposed . This address is required under Fed. R. Crim. P. 32(c)(3)(C). 2. An unsworn statement from a convicted defendant to the sentencing judge or jury in which the defendant can ask for mercy, explain his or her conduct, apologize for the crime, or say anything else in an effort to lessen the impending sentence. This statement is not subject to cross -examination.

allocutory (a- lok-ya-tor-ee), adj. Of or relating to an allocution <allocutory pleas for mercy>.

allocutus See ARREST OF JUDGMENT.

allod (al-ad), n. Hist. The domain of a household.

allodial (a-loh-dee-al), adj. Held in absolute ownership; pertaining to an allodium. - Also spelled alodial. Cf. FEUDAL. allodially, adv. 'The term -alodial' originally had no necessary reference to the mode in which the ownership of land had been con· ferred; it simply meant land held in absolute ownership, not in dependence upon any other body or person in whom the proprietary rights were supposed to reside, or to whom the possessor of land was bound to render service. It would thus properly apply to the land which in the original settle· ment had been allotted to individuals, while bookland was primarily applicable to land the title to which rested on a formal grant. Before long, however, the words appear to have been used synonymously to express land held in absolute ownership, the subject of free disposition inter vivos or by will." Kenelm E. Digby, An Introduction to the History of the Law of Real Property 11-12 (5th ed. 1897).

allodium (a-loh-dee-am), n. An estate held in fee simple absolute. Also spelled alodium. Also termed alod; alode. "In this country. one who has full ownership of land is said to own it allodially that is, free of feudal services and incidents." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Inteyests 18 (2d ed. 1984).

allogatur See ALLOCATUR.

allograph (al-a-graf). An agent's writing or signature for the principal. This is the antonym of auto graph.

allonge (a-Iawnzh). A slip of paper sometimes attached to a negotiable instrument for the purpose of receiving further indorsements when the original paper is filled with indorsements. Former UCC § 3-202 required that indorsements be made on the instrument unless there was no space and only then could an allonge be used. Current 3-3-204(a) eliminates that requirement and provides that "a paper affixed to the instrument is part of the instrument." The UCC comment makes it clear that the allonge is valid even if space is available on the instrument.

all-or-none offering An offering that allows the issuer to terminate the distribution if the entire block of offered securities is not sold.

all-or-none offering See OFFERING.

all-or-none order An order to buy a security to be executed either in its entirety or not at all.

all-or-none order See ORDER (8).

all-or-nothing rule A gloss on the rule against perpetuities holding that a class gift is invalid in its entirety if it is invalid in part. The effect is to invalidate a class member's interest even if it vests within the period of the rule because it may be subject to partial divestment by the remote interest of another class member.

allotment 1. A share or portion of something, such as property previously held in common or shares in a corporation, or time assigned to speakers or sides in a deliberative assembly. 2. In American Indian law, the selection of specific land awarded to an individual allottee from a common holding. -- allot, vb.

allotment certificate Securities. A document that records the essential elements of a subscription of shares, such as how many shares are to be purchased, the price to be paid, and the payment and delivery schedule.

allotment note English law. A seaman's written assign· ment of a portion ofhis wages to a wife, parent, grand parent, or sibling.These notes are governed by the Merchant Shipping Act of 1970, § 13(1).

allotment system English law. The practice of dividing land into small portions for cultivation by agricultural laborers and others.

allottee One to whom an allotment is made; a recipient of an allotment.

allow the appeal See REVERSE.

allowable state Patents. Of a patent claim, the condition of containing patentable subject matter in an acceptable form.

allowance 1. A share or portion, esp. of money that is assigned or granted.

allowance pendente lite See temporary alimony under ALIMONY.

allowed application See PATENT APPLICATION.

allowed application A patent application for which the U.s. Patent and Trademark Office examiner has determined that at least one pending claim meets the conditions for patentability. When an application is allowed, the PTO notifies the applicant through a Notice of Allowability and a Notice of Allowance. Once a patent application is allowed, a patent normally issues after the applicant has paid the required issue fee.

alloynour (a-loy-nar). [Law French]. Hist. One who conceals, steals, or furtively carries off something.

all-purpose public figure A person who achieves such pervasive fame or notoriety that he or she becomes a public figure for all purposes and in all contexts. For example, a person who occupies a position with great persuasive power and influence may become an all-purpose public figure whether or not the person actively seeks attention. Gertz v. Robert Welch, Inc., 418 U.S. 323,345,94 S.Ct. 2997, 3009 (1974).

all-purpose public figure See PUBLIC FIGURE.

all-risk insurance See INSURANCE.

all-risk insurance Insurance that covers every kind of insurable loss except what is specifically excluded.

all-steps rule. Patents The doctrine that in order for a method or process claim to be literally infringed by an accused process, the accused process must have every step and limitation-or an equivalent-of the infringed claim. Cf. ALL-ELEMENTS RULE.

all-the-estate clause English law. The provision in a conveyance transferring "all the estate, right, title, interest, claims, and demand" of the grantor in the property conveyed. Also termed all-estate clause. "It was also usual before 1882 to add what was called an 'all estate clause' with the object of ensuring that the entire interest of the grantor should be transferred. This was as a matter of fact quite ineffective to transfer anything that would not pass automatically, and it is now omitted in reliance on the enactment that, unless a contrary intention is expressed, every conveyance is effectual to pass all the estate, right, title, interest, claim, and demand which the conveying parties respectively have in, to, or on the property." C.c. Cheshire, Modem Law of Real Property 679-80 (3d ed. 1933).

alltidejiciellcy statute See antideficiency legislation under LEGISLATION.