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lawful process See legal process under PROCESS.

lawful representative See REPRESENTATIVE.

lawful representative 1. A legal heir. 2. An executor, administrator, or other legal representative, Also termed legal representative, See personal representative.

law-hand An outmoded rococo method of hand-writing once used by scribes in preparing legal documents.

lawyer-client privilege See attorney-client privilege.

lay corporation A corporation made up of laypersons, and existing for a business or charitable purpose. Cf. ecclesiastical corporation.

lay day See LAYDAY.

lay fee A fee interest in land held by ordinary feudal tenure, such as socage, rather than byecclesiastical tenure through frankalmoin. See FRANKALMOIN; SOCAGE.

lay judge A judge who is not a lawyer.

layoff bet A bet placed by a bookmaker to protect against excessive losses or to equalize the total amount placed on each side of the wager. See LAYOFF BETTOR.

lead counsel 1. The more highly ranked lawyer if two or more are retained; the lawyer who manages or controls the case or cases, esp. in class actions or multidistrict litigation. - Also termed senior counsel; attorney in charge. 2. QUEEN'S COUNSEL; KING'S COUNSEL. - Also termed leading counsel.

leading economic indicator An economic indicator (such as interest rates) that tends to predict the future direction of the economy. Often shortened to leading indicator.

leading indicator 1. A quantifiable index that predicts a major stock-market change. 2. See leading economic indicator under ECONOMIC INDICATOR.

leading question See LEADING QUESTION. 2. An issue in controversy; a matter to be determined.

lease insurance An agreement to indemnify a leaseholder for the loss of a favorable lease terminated by damage to the property from a peril covered by the policy. The amount payable is the difference between the rent and the actual rental value of the property, multiplied by the remaining term of the lease.

lease option In a contract for rental property, a clause that gives the renter the right to buy the property at a fixed price, usu. at or after a fixed time. Also termed lease with an option to purchase.

leasehold estate See LEASEHOLD.

leasehold-mortgage bond A bond issued by a lessee and secured by the lessee's leasehold interest.

legacy duty See legacy tax under TAX.

legacy tax A tax on a legacy, often with the provision that the rate increases as the relationship of the legatee becomes more remote from the testator. In English law, this tax was known as a legacy duty; it was abolished in 1949. Cf. collateral-inheritance tax.

legal impossibility 1. Impossibility due to the fact that what the defendant intended to do is not illegal even though the defendant might have believed that he or she was committing a crime. A legal impossibility might occur, for example, if a person goes hunting while erroneously believing that it is not hunting season. This type oflegal impossibility is a defense to the crimes of attempt, conspiracy, and solicitation. - Also termed impossibility of law; true legal impossibility. 2. Impossibility due to the fact that an element required for an attempt has not been satisfied.This type oflegal impossibility might occur, for example, if a person pulls the trigger of an unloaded gun pointed at another when the crime of attempt requires that the gun be loaded. This is a defense to the crime of attempt.

legal subdivision The governmentally approved division of a tract ofland into smaller parcels using ordinary and legally recognized methods for surveying and platting land and publicly the results.

legal act See LEGAL ACT.

legal age 1. See age ofcapacity. 2. See age of majority (1).

legal asset A decedent's asset that by law is subject to the claims of creditors or legacies. - Also termed probate asset.

legal capital An amount equal to the aggregate "par" or stated value of all outstanding shares of a corporation, or, in the case of stock without par value, an amount set by the board of directors. A minority of states. require this amount to remain in the corporation to protect creditors. Also termed stated capital.

legal cause See proximate calise.

legal consideration See VALUABLE CONSIDERATION.

legal cruelty Cruelty that will justify granting a divorce to the injured party; specif. conduct by one spouse that endangers the life, person, or health ofthe other spouse, or creates a reasonable apprehension of bodily or mental harm.

legal custody 1. CUSTODY (2). 2. CUSTODY (3). 3. The authority to make Significant decisions on a child's behalf, including decisions about education, religious training, and healthcare.

legal custom A custom that operates as a binding rule of law, independently of any agreement on the part of those subject to it. - Often shortened to custom.

legal death 1. See brain death. 2. See civil death (2). 3. See civil death (3).

legal debt A debt recoverable in a court of law.

legal defense A complete and adequate defense in a court of law.

legal demand A lawful demand made by an authorized person.

legal dependent A person who is dependent according to the law; a person who derives principal support from another and usu. may invoke laws to enforce that support.

legal distributee A person whom the law would entitle to take property under a will.

legal duty A duty arising by contract or by operation of law; an obligation the breach of which would give a legal remedy <the legal duty of parents to support their children>.

legal estate An interest enforced in law rather than in equity.

legal estoppel Estoppel recognized in law (as distinguished from equitable estoppel or estoppel in pais), such as an estoppel resulting from a recital or other statement in a deed or official record, and precluding any denial or assertion concerning a fact.

legal evidence 1. See admissible evidence. 2. All admissible evidence, both oral and documentary, of such a character that it reasonably and substantially proves the point rather than merely raising suspicion or conjecture.

legal fact A fact that triggers a particular legal consequence.

legal father The man recognized by law as the male parent of a child. A man is the legal father of a child ifhe was married to the child's natural mother when the child was born, if he has recognized or acknowledged the child, or ifhe has been declared the child's natural father in a paternity action. If a man consents to the artificial insemination of his wife, he is the legal father of the child that is born as a result of the artificial insemination even though he may not be the genetic father of the child.

legal force See reasonable force.

legal fraud See constructive fraud (1).

legal injury Violation of a legal right.

legal innocence The absence of one or more procedural or legal bases to support the sentence given to a defendant. In the context of a petition for writ of habeas corpus or other attack on the sentence, legal innocence is often contrasted with actual innocence. Actual innocence, which focuses on the facts underlying the sentence, can sometimes be used to obtain relief from the death penalty based on trial-court errors that were not objected to at trial, even if the petitioner cannot meet the elements of the cause-and-prejudice rule. But legal innocence, which focuses on the applicable law and procedure, is not as readily available. Inadvertence or a poor trial strategy resulting in the defendants failure to assert an established legal principle will not ordinarily be sufficient to satisfy the cause-and-prejudice rule or to establish the right to an exception from that rule. See CAUSE-AND-PREJUDICE RULE.

legal interest 1. Interest at a rate usu. prescribed by statute. Courts often order monetary judgments to accumulate legal interest until paid. Cf. legal rate under INTEREST RATE. 2. See lawful interest.

legal interest 1. An interest that has its origin in the principles, standards, and rules developed by courts oflaw as opposed to courts of chancery. 2. An interest recognized by law, such as legal title.

legal interruption Louisiana law. A break in the running of prescription that occurs when the propertys possessor acknowledges another persons ownership rights, or the owner (or obligor) sues the possessor (or obligor). La. Civ. Code arts. 3462, 3464. Also termed legal interruption of prescription.

legal intromission An authorized intromission, such as a creditors enforcement of a debt.

legal issue 1. A legal question, usu. at the foundation of a case and requiring a courts decision. 2. See issue of law.

legal life estate See life estate.

legal officer 1. The officer responsible for handling military justice within a command. 2. 1he adviser and assistant to a commanding officer on military law matters. 3. Any commissioned officer of the Navy, Marine Corps, or Coast Guard who has been designated to perform legal duties for a command.

legal opinion A written document in which an attorney proVides his or her understanding of the law as applied to assumed facts. The attorney may be a private attorney or attorney representing the state or other governmental entity. Private attorneys fre quently render legal opinions on the ownership of real estate or minerals, insurance coverage, and corporate transactions. A party may be entitled to rely on a legal opinion, depending on factors such as the identity of the parties to whom the opinion was addressed, the nature of the opinion, and the law governing the opinion. See coverage opinion.

legal owner One recognized by law as the owner of something; esp., one who holds legal title to property for the benefit of another. See TRUSTEE (1).

legal person See artificial person.

legal pneumoconiosis Any chronic restrictive or obstructive pulmonary disease or impairment and related conditions arising out of coal-mine employment. Cf. clinical pneumoconiosis.

legal possessor One with the legal right to possess property, such as a buyer under a conditional sales contract, as contrasted with the legal owner who holds legal title. See legal owner under OWNER.

legal prejudice A condition that, if shown by a party, will usu. defeat the opposing party s action; esp., a condition that, if shown by the defendant, will defeat a plaintiff s motion to dismiss a case without prejudice. The defendant may show that dismissal will deprive the defendant of a substantive property right or preclude the defendant from raising a defense that will be unavailable or endangered in a second suit.

legal presumption See presumption of law.

legal process Process validly issued. - Also termed lawful process.

legal rate 1. The interest rate imposed as a matter of law when none is provided by contract. 2. The maximum interest rate, set by statute, that may be charged on a loan. See legal interest under INTEREST (3). Cf. USURY.

legal regime A set of rules, policies, and norms of behavior that cover any legal issue and that facilitate substantive or procedural arrangements for deciding that issue.

legal remedy A remedy historically available in a court of law, as distinguished from a remedy historically available only in equity. After the merger oflaw and equity, this distinction remained relevant in some ways, such as in determining the right to jury trial and the choice between alternate remedies.

legal representative 1. See lawful representative, 2. See personal representative.

legal rescission 1. Rescission that is effected by the agreement of the parties.2. Rescission that is decreed by a court oflaw, as opposed to a court of equity. The modern tendency is to treat reSCission as equitable, but rescission was often available at law. If plaintiff had paid money, or had delivered goods. he could rescind by tendering whatever he had received from defendant and suing at law to recover his money or replevy his goods. But if he had delivered a promissory note or securities, or conveyed real estate, rescission required the court to cancel the instruments or compel defendant to reconvey. This relief was available only in equity. Many modern courts ignore the distinction .... But versions of the distinction are codified in some states: Douglas Laycock, Modern American Remedies 627-28 (3d ed. 2002).

legal reserve The minimum amount of liquid assets that a bank or an insurance company must maintain by law to meet depositors or claimants demands.

legal right 1. A right created or recognized by law. The breach of a legal right is usu. remediable by monetary damages. 2. A right historically recognized by common-law courts. Cf. equitable right. 3. The capacity of asserting a legally recognized claim against one with a correlative duty to act.

legal seisin See seisin in law.

legal servitude A limitation that the law imposes on the use of an estate for the benefit of the general public or of a particular person or persons. Examples of legal servitudes are restrictions on certain uses of the shores of navigable rivers, and the obligation of a landowner to provide a passage to an enclosed estate.

legal subrogation Subrogation that arises by operation oflaw or by implication in equity to prevent fraud or injustice. Legal subrogation usu. arises when (1) the paying party has a liability, claim, or fiduciary relationship with the debtor, (2) the party pays to fulfill a legal duty or because of public policy, (3) the paying party is a secondary debtor, (4) the paying party is a surety, or (5) the party pays to protect its own rights or property. - Also termed equitable subrogation.

legal succession The succession established by law, usu. in favor of the nearest relation ofa deceased person.

legally protected interest A property interest that the law will protect against impairment or destruction, whether in law or in equity.

legally sufficient consideration See sufficient consideration.

legal-personal representative 1. When used by a testator referring to personal property, an executor or administrator. 2. When used by a testator referring to real property, one to whom the real estate passes immediately upon the testator s death, 3. When used concerning the death of a mariner at sea, the public administrator, executor, or appointed administrator in the seaman s state of residence.

legatine court A court held by a papal legate and having ecclesiastical jurisdiction.

legis actio See LEGIS ACTIO.

legislative committee A group oflegislators appointed to help a legislature conduct its business, esp. by providing careful consideration of proposals for new legislation within a particular field so that the entire body can handle its work efficiently without wasting time and effort on unmeritorious submissions.

legislative court A court created by a statute, as opposed to one created by a constitution. Also termed (in federal law) Article I court.

legislative day A day that begins when a legislative body reconvenes after a recess or adjournment, and ends when the body next recesses or adjourns until a different calendar day. A legislative day may extend over several calendar days.

legislative district A geographical subdivision of a state for the purpose ofelecting legislative representatives.

legislative divorce The legal termination of a particular marriage, through a statute enacted by the legislature rather than by a court's decree. - In the 18th century, Colonial American legislatures granted these special statutes. In 1816, the House of Burgesses of virginia granted a divorce to Rachel Robards Jackson, wife of then President Andrew Jackson, from a former spouse. Mrs. Jackson's untimely death was attributed to her reaction to the scandal that she had married Jackson before the divorce was procured. Now only state courts have authority to grant decrees of divorce. Also termed parliamentary divorce.

legislative fact A fact that explains a particular law's rationality and that helps a court or agency determine the law's content and application.o Legislative facts are not ordinarily specific to the parties in a proceeding. Cf. adjudicative fact. "[L]egislative fact includes matters needed to construe statutes or regulations, and factual assumptions a court makes when called upon to 'legislate. Examples of the latter might include the fact that spouses will communicate less if they are not granted a privilege covering their confidences, or that marital harmony will be strained if spouses can be compelled to testify against each other - facts which might be useful in helping a court decide whether to create or continue a common-law marital privilege .... Obviously, legislative facts of this nature do not and cannot meet the indisputability criterion of the Rule [Fed. R. Evid. 201], nor are they required to." Paul F. Rothstein, The Federal Rules of Evidence 35-36 (3d ed. 2003).

legislative immunity The immunity of a legislator from civil liability arising from the pertormance of legislative duties. See congressional immunity.

legislative intent See LEGISLATIVE INTENT.

legislative jurisdiction A legislatures general sphere of authority to enact laws and conduct all business related to that authority, such as holding hearings.

legislative officer 1. A member of a federal, state, or municipal legislative body. 2. A government official whose duties relate primarily to the enactment of laws, such as a federal or state senator, representative, or assembly member. State and federal constitutions generally restrict legislative officers duties to the enactment oflegislation. But legislative officers occasionally exercise judicial functions, such as presenting or hearing cases of impeachment of other government officers.

legislative privilege Defamation. The privilege protecting (1) any statement made in a legislature by one of its members, and (2) any paper published as part oflegislative business. - Also termed (in a parliamentary system) parliamentary privilege.

legitimate child 1. At common law, a child conceived or born in lawful wedlock. 2. Modernly, a child conceived or born in lawful wedlock, or legitimated either by the parents' later marriage or by a declaration or judgment of legitimation.

leonine contract See adhesion contract.

lesser included offense A crime that is composed of some, but not all, of the elements of a more serious crime and that is necessarily committed in carrying out the greater crime <battery is a lesser included offense of murder>. For double-jeopardy purposes, a lesser included offense is considered the same offense as the greater offense, so that acquittal or conviction of either offense precludes a separate trial for the other. Also termed included offense; necessarily included offense; predicate offense; predi¬cate act. Cf. cognate offense.

lesser-evils defense The defense that, while the defendant may have caused the harm or evil that would ordinarily constitute a criminal offense, in the present case the defendant has not caused a net harm or evil because of justifying circumstances and therefore should be exculpated. Also termed choice-of evils defense; necessity; general-justification defense.

letter contract In federal contract law, a written contract with sufficient provisions to permit the contractor to begin performance.

letter security See restricted security.

letter stock See restricted security under SECURITY.

levee district A local or regional political subdivision organized to construct and maintain levees within its territory at public expense.

level-premium insurance Insurance whose premiums remain constant throughout the life of the agreement. Most whole life policies are set up this way.

level-rate legal-reserve policy A policy that seeks to build a reserve equal to the policys face value by the end of the insureds life.

leverage contract See LEVERAGE CONTRACT.