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King"s peace A royal subject"s right to be protected from crime (to "have peace"). in certain areas subject to the king"s immediate control, such as the king"s palace or highway. A breach of the peace in one of these areas subjected the offender to punishment in the King"s Court. Over time, the area subject to the King"s peace grew, which in turn increased the jurisdiction of the royal courts. Also written King"s Peace. Cf. AGAINST THE PEACE AND DIGNITY OF THE STATE. "A breach of the King"s Peace was at one time the most comprehensive of all offences against the Crown; it indeed included, and still includes, all the more serious crimes. At one time, in fact, every indictment charged the accused with an offence "against the peace of our Sovereign Lord the King"; and, though this form is no longer employed, that is mainly because the imperative duty of not disturbing the King"s Peace has by no.w evolved into an elaborate system of Criminal Law." Edward Jenks, The Book of English Law 134 (P.B. Fairest ed., 6th ed. 1967)

King"s proctor See QUEEN"S PROCTOR.

King"s silver Money paid in the Court of Common Pleas for a license to levy a feudal fine; an amount due on granting a conge d"accorder in levying a fine of lands. It amounted to three-twentieths of the supposed annual value of the land, or ten shillings for every five marks of land. -Also termed post-fine. See CONGE D"ACCORDER; FINE (1).

king's Counsel See KING'S COUNSEL.

king's court See CURIA REGIS.

kinship Relationship by blood, marriage, or adoption. Also termed kindred.

kinsman See RELATIVE.

kintal See QUlNTAL.

kissing the Book The practice of touching one"s lips to a copy of the Bible (esp. the New Testament) after taking an oath in court. This practice formerly used in England was replaced by the practice of placing one"s hand on the Bible while swearing.

kitchen cabinet An unofficial and informal body of noncabinet advisers who often have more sway with the executive than the real cabinet does . This term was first used derisively in reference to some of President Andrew Jackson's advisers, who, because of their reputation for unpolished manners, were supposedly not important enough to meet in the formal rooms of the White House. "The term [kitchen cabinet] began to lose its sting after Jackson's time. But because most Presidents do have circles of personal friends, the idea remains. Theodore Roosevelt had his 'tennis cabinet.' Jonathan Daniels referred to Warren Harding's 'poker cabinet.' Herbert Hoover had an exercise-loving 'medicine ball cabinet.' Even governors can play the game. In writing of New York's Alfred Smith, Ed Flynn mentions the 'golfing cabinet,''' William Safire, Satire's New Political Dictionary 389 (1993).

kitchen cabinet See CABINET.

kiting 1. CHECK-KITING. 2. Slang. Commercial law. Raising money on credit, often by using accommodation paper.

Klaxon doctrine (klak-san). Conflict of laws. The principle that a federal court exercising diversity jurisdiction must apply the choice-of-Iaw rules of the state where the court sits. In Klaxon Co. v. Stentor Elee. Mfg. Co., the Supreme Court extended the rule of Erie v. Tompkins to choice-of-Iaw issues. 313 U.S. 487, 61 S.Ct. 1020 (1941). - Also termed Erie/Klaxon doctrine. See ERIE DOCTRINE.

kleptomania (klep-ta-may-nee-a). A compulsive urge to steal, esp. without economic motive. kleptomaniac, n. & adj.

knight (bef. 12c) 1. In the Middle Ages, a person of noble birth who, haVing been trained in arms and chivalry, was bound to follow an earl, baron, or other superio"r lord into battle. 2. In modern Britain, a man upon whom the monarch has bestowed an honorary dignity (knighthood) as a reward for personal merit of some kind. The status of knighthood no longer relates to birth or possessions and does not involve military service.

knight bachelor See BACHELOR (3).

knight of the post A hired perjurer.

knight"s fee The amount ofland that gave rise to the obligation of knight service. The amount varied from less than a hide to more than six hides. See HIDE.

knight-service A type of lay tenure in which a knight held land of another person or the Crown in exchange for a pledge of military service. Also termed knight"s service; (Scots law) ward holding. Cf BASE SERVICE; SOCAGE; VILLEINAGE. "By far the greater part of England is held of the king by knight"s service (per servitium militare): it is comparatively rare for the king"s tenants in chief to hold by any of the ather tenures. In order to understand this tenure we must farm the conception of a unit of military service. That unit seems to be the service of one knight or fully armed horseman (servitium unius militis) to be dane to the king in his army for forty days in the year, if it be called for." 1 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 254 (2d ed. 1898).

knight'sfee See KNIGHT'S FEE.

knock in To rap on the courtroom door to announce the entry of (one or more judges) <the law clerk, acting as bailiff, knocked in the judges>.

knock off 1. To make an unauthorized copy of (another"s product), usu. for sale at a substantially lower price than the original <the infringer knocked off popular dress designs>. 2. Slang. To murder <the gang leader was knocked offby one of his lieutenants>. 3. Slang. To rob or burglarize <the thieves knocked off the jewelry store in broad daylight>.

knock-and-announce rule Criminal procedure. The requirement that the police knock at the door and announce their identity, authority, and purpose before entering a residence to execute an arrest or search warrant. Also termed knock-and-notice rule. Cf. no-knock search warrant under SEARCH WARRANT; no-knock search under SEARCH.

knock-for-knock agreement An arrangement between insurers whereby each will pay the claim of its insured without claiming against the other party"s insurance.

knockoff Intellectual property. An unauthorized counterfeit and usu. inferior copy of another"s product, esp. one protected by patent, trademark, trade dress, or copyright, usu. passed off at a substantially lower price than the original.

knock-out auction See AUCTION.

knock-out auction An auction at which two or more bidders have agreed in advance not to bid against one another.o At common law, knock-out auctions were not forbidden, on grounds that a person could not be constrained to make an offer. But most jurisdictions now have statutes that (1) forbid dealers (those who buy at auctions with the intention of reselling to others) from giving or offering an inducement to abstain from bidding at an auction, and (2) penalize the person who seeks such an inducement from a dealer.

know all men by these presents Take note. This archaic form of address a loan translation of the Latin noverint universi per praesentes was traditionally used to begin certain legal documents such as bonds and powers of attorney, but in modern drafting style the phrase is generally considered deadwood. See NOVERINT UNIVERSI PER PRAESENTES. Cf. PATEAT UNIVERSIS PER PRAESENTES.

know-how The information, practical knowledge, techniques, and skill required to achieve some practical end, esp. in industry or technology. Know-how is considered intangible property in which rights may be bought and sold. See TRADE SECRET.

knowing adj. 1. Having or showing awareness or understanding; well-informed <a knowing waiver of the right to counsel>. 2. Deliberate; conscious <a knowing attempt to commit fraud>. knowingly, adv.

knowing consent See informed consent.

knowing consent See informed consent under CONSENT (1).

knowledge 1. An awareness or understanding of a fact or circumstance; a state of mind in which a person has no substantial doubt about the existence of a fact. Cf. INTENT (1); NOTICE (1), (2); SCIENTER. "It is necessary...to distinguish between producing a result intentionally and prodUCing it knowingly. Intention and knowledge commonly go together, for he who intends a result usually knows that it will follow, and he who knows the consequences of his act usually intends them. But there may be intention without knowledge. the consequence being deSired but not foreknown as certai n or even probable. Conversely, there may be knowledge without intention, the consequence being foreknown as the inevitable concomitant of that which is desired, but being itself an object of repugnance rather than desire, and therefore not intended. When King David ordered Uriah the Hittite to be set in the forefront of the hottest battle, he intended the death of Uriah only, yet he knew for a certainty that many others of his men would fall at the same time and place." John Salmond, Jurisprudence 380-81 (Glanville L. Williams ed., 10th ed. 1947). "Knowingly" or "knowledge" has a broad sweep when used in connection with the element of a crime, and an untrue representation has been "knowingly" made if by one who knows it is untrue, believes it is untrue or is quite aware that he has not the slightest notion whether it is true or not." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 379 (3d ed. 1982). "[B]ecause there are several areas of the criminal law in which there may be good reason for distinguishing between one"s objectives and [one"s] knowledge, the modern approach is to define separately the mental states of knowledge and intent .... This is the approach taken in the Model Penal Code [§ 2.02(2)(a) & (b)]." Wayne R. LaFave & Austin W. Scott Jr., Criminal Law 218 (2d ed. 1986).

knowledge-of-falsity exclusion A provision in some commercial general liability policies, excluding coverage for damages arising from an oral or written communication made by the insured with knowledge that it is false.

knowledge-of-falsity exclusion See EXCLUSION (3).

known creditor See CREDITOR.

known creditor A creditor whose identity or claim is either known or reasonably ascertainable by the debtor. Known creditors are entitled to notice of the debtor's bankruptcy or corporate dissolution, as well as notice of any deadline for filing proofs of claim.

known heir See HEIR.

known-loss doctrine A principle denying insurance coverage when the insured knows before the policy takes effect that a specific loss has already happened or is substantially certain to happen. Also termed known-risk doctrine.

koop (ka-wap). [Dutch]. Dutch law. Purchase; bargain.

koopbrief (ka-wap-breef). [Dutch]. Dutch law. A deed of sale.

L 1. abbr. 1. LAW (5). 2. LORD (1). 3. LOCUS. 4. LATIN.

L 1. A measure of the money supply, including M3 items plus banker"s acceptances, T-bills, and similar longterm investments. See M3.

l"acte de l"etat civil See ACTE (1).

L"Association Litteraire et Artistique Internationale An organization of authors, artists, and other supporters of international copyright protection. In 1878, the Association drafted five resolutions that would become the starting point for the Berne Convention. In 1883, the organization called the first meeting in Berne, Switzerland for the purpose of creating a union to enforce international copyrights. Often shortened to the International Association. Abbr. ALAI.

la bomba (la bom-ba). (sometimes cap.) An incendiary device consisting of a plastic bag filled with fuel and placed inside a paper bag stuffed with tissue and rigged with a fuse. A person who uses such a device to start a fire violates the federal arson statute. See 18 USCA § 844(j).

la chambre des esteilles (la shahm-bra da zes-tay). [French]. The Star Chamber. See STAR CHAMBER, COURT OF.

label 1. Trademarks. An informative display of written or graphic matter, such as a logo, title, or similar marking, affixed to goods or services to identify their source. A label may be put on the packaging or container of a manufactured product, or on the packaging or surface of a natural substance. 2. Any writing (such as a codicil) attached to a larger writing. 3. A narrow slip of paper or parchment attached to a deed or writ in order to hold a seal.

label license See LICENSE.

label-and-significant-characteristics test The rule that an instrument will be governed by the securities laws if it is labeled a stock and has the significant characteristics typically associated with shares of stock.

labeling Under the Federal Food, Drug, and Cosmetic Act, any label or other written, printed, or graphic matter that is on a product or its container, or that accompanies the product. To come within the Act, the labeling does not need to accompany the product. It may be sent before or after delivery of the product, as long as delivery of the product and the written material are part of the same distribution program.

labes realis quae rei inhaeret (lay-beez ree-ay-lis kwee ree-i in-heer-it). [Latin]. A real defect that attaches to the thing. Cf. VITIUM REALE. "Theft, also, constitutes a {abes realis in the title of any one holding the subject stolen, no matter how honestly he may have acquired it; and on this defect, which attaches to it until it return to his possession, the true owner may vindicate his right, and recover his subject wherever it can be found." John Trayner, Trayner"s Latin Maxims 312 (4th ed,1894).

labina (la-bi-na). Archaic. Land covered by water; swampland.

labor 1. Work of any type, including mental exertion <the fruits of one"s labor>. The term usu. refers to work for wages as opposed to profits.

labor 1. To work, esp. with great exertion <David labored long and hard to finish the brief on time>. 2. Archaic. To tamper with or improperly attempt to influence (a jury). This sense derives from the idea that the tamperer "endeavors" to influence the jury"s verdict. See EMBRACERY. - laborer, n.

labor agreement See COLLECTIVE-BARGAINING AGREEMENT.

labor contract See COLLECTIVE-BARGAINING AGREEMENT.

labor dispute A controversy between an employer and its employees concerning the terms or conditions of employment, or concerning the association or representation of those who negotiate or seek to negotiate the terms or conditions of employment.

Labor Disputes Act See NORRIS-LAGUARDIA ACT.

labor law The field of law governing the relationship between employers and employees, esp. law governing the dealings of employers and the unions that represent employees. Also termed industrial law. See NATIONAL LABOR RELATIONS ACT.

labor model The view that the inventive process is the product of the inventor"s labor, and the invention is therefore the property of the inventor by natural right. See LOCKE AN LABOR THEORY. Cf. EUREKA MODEL. LABOR-DESERT MODEL.

labor organization See UNION.

Labor Relations Board See NATIONAL LABOR RELATIONS BOARD.

labor theory See LOCKEAN LABOR THEORY.

labor union See GNION.

laborariis (lay-ba-rair-ee-is). [Latin "about laborers"]. An ancient writ against a person who had no other means of support but refused to work throughout the year.

laboratory conditions The ideal conditions for a union election, in which the employees may exercise free choice without interference from the employer, the union, or anyone else.

labor-desert model The view that the inventive process results from the inventor"s labor to create something of added value to society, and that this added value justifies some social reward ("just deserts") to the inventor. Also termed value-added model. Cf. EUREKA MODEL; LABOR MODEL.

laborer 1. A person who makes a living by physical labor. 2. WORKER.

laborer"s lien See mechanic"s lien under LIEN.

laboring a jury See EMBRACERY.

labor-management relations The broad spectrum of activities concerning the relationship between employers and employees, both union and nonunion. See FAIR LABOR STANDARDS ACT; NATIONAL LABOR RELATIONS ACT; NATIONAL LABOR RELATIONS BOARD.

Labor-Management Relations Act A federal statute, enacted in 1947, that regulates certain union activities, permits suits against unions for proscribed acts, prohibits certain strikes and boycotts, and provides steps for settling strikes involving national emergencies. 29 USCA §§ 141 et seq. Also termed Taft-Hartley Act. See NATIONAL LABOR RELATIONS BOARD.

labor-relations act A statute regulating relations between employers and employees. Although the Labor-Management Relations Act is the chief federal labor-relations act, various states have enacted these statutes as well.

lacca See LACTA.

Lacey Act A federal law, originally enacted in 1900, that permits states to enforce their own game laws prohibiting the importation of animals from other states or countries. 16 USCA §§ 661 et seq. See GAME LAW.

laches (lach-iz). [Law French "remissness; slackness"]. 1. Unreasonable delay in pursuing a right or claim almost always an equitable one - in a way that prejudices the party against whom relief is sought. Also termed sleeping on rights. "Early in Its history, Chancery developed the doctrine that where the plaintiff in equity delayed beyond the period of the statute applicable at law, relief would be refused on the ground of laches even though no specific prejudice to the defendant was shown. Today. in most states, there are statutes of limitations applying to suits in equity. Despite these, however, the doctrine still holds that even if the delay is for a shorter period of time than that of the statute, it may still bar equitable relief if it is unreasonable and prejudicial to the defendant." John F. O"Connell, Remedies in a Nutshell 16 (2d ed. 1985).

laches, estoppel by See estoppel by laches under ESTOPPEL.

lack of capacity The disability of a person to create or enter into a legal relation because of some special characteristic. See CAPACITY (2).

lack of enablement See NONENABLEMENT.

lack of jurisdiction See WANT OF JURISDICTION.

lack of prosecution See WANT OF PROSECUTION.

Lackey claim A prisoner"s assertion that incarceration on death row for a protracted period is cruel and unusual punishment. Lackey v. Texas, 514 U.S. 1045, 115 S.Ct. 1421 (1995) (denying cert.).

lack-of-antecedent-basis rejection See REJECTION.

lack-of-antecedent-basis rejection Rejection of a patent application on the ground that a reference either in the specification or in the claim is missing.

lack-of-enablement rejection See nonenablement rejection.

lack-of-enablement rejection See nonenablement rejection under REJECTION (3).

lack-of-utility rejection See REJECTION.

lack-of-utility rejection Rejection ofa patent claim on the ground that the invention is inoperative, frivolous, fraudulent, or against the public interest. The classic examples are perpetual-motion machines (inoperative), cures for the common cold (frivolous because believed impossible, and also probably fraudulent), and gambling devices (formerly seen as against the public interest).

lacta (lak-ta), n. [Law Latin]. Lack of or defect in the weight of money. - Also termed lacca.

l'acte de l'etat civil (lakt da-lay-tah see-veel). A public document relating to status (e.g., birth, divorce, death). 2. An act; conduct.

lada (lay-da). [Law Latin]. 1. A court of justice. 2. A canal for draining marshy ground; a watercourse; a lade.

lade (layd). The mouth of a river. Also spelled lode.

laden in bulk adj. Maritime law. (Of a vessel) loaded with a cargo that lies loose in the hold instead of packaged. Cargoes of corn, salt, and similar items are usu. shipped in bulk.

lading, bill of See BILL OF LADING.

lady (bef. 12c). In Britain, a title belonging to the wife of a peer, (by courtesy). the wife of a baronet or knight, or any Single or married woman whose father was a I nobleman carrying a rank of earl or higher.

Lady Day See quarter day under DAY.

lady-court The court of a lady of the manor.

ladys friend The title of an officer in the English House of Commons, whose duty was to secure a suitable provision for a wife when her husband sought a parliamentary divorce. In 1857, parliamentary divorces and the office of lady"s friend were abolished by statute.

laenland See LOAN LAND.