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ambiguitas latens et ambiguitas patens (am-bi-gyoo-a-tas lay-tenz et am-bi-gyoo-a-tas pay-tenz). [Latin]. Hist. Latent and patent ambiguity. See latent ambiguity and patent ambigUity under AMBIGUITY.

ambiguitas patens (am-bi-gyoo-a-tas pay-tenz). See patent ambiguity under AMBIGUITY.

ambiguity (am-bi-gyoo-a-tee), n. An uncertainty of meaning or intention, as in a contractual term or statutory provision. Cf. MEANING. -- ambiguous (am-big-yoo-as), adj. "In the context of statutory interpretation the word most frequently used to indicate the doubt which ajudge must entertain before he can search for and, if possible, apply a secondary meaning is 'ambiguity'. In ordinary language this term is often confined to situations in which the same word is capable of meaning two different things, but, in relation to statutory interpretation, judicial usage sanc· tions the application of the word 'ambiguity' to describe any kind of doubtful meaning of words, phrases or longerstatutory provisions. Hinchy's case prompted the suggestion that if, in a particular context, words convey todiffer entjudges a different range of meanings 'derived from, not fanciful speculations or mistakes about linguistic usage, but from true knowledge about the use of words, they are ambiguous.'" Rupert Cross, Statutory Interpretation 76-77 (1976).

ambiguity doctrine See CONTRA PROFERENTEM.

ambiguity on the factum An ambiguity relating to the foundation of an instrument, such as a question relating to whether a testator intended for a particular clause to be part of an agreement, whether a codicil was intended to republish a former will, or whether the residuary clause was accidentally omitted.

ambit (am-bit). 1. A boundary line or limit; esp., the scope of a statute or regulation, or the sphere of influence and authority of an agency, committee, department' or the like. 2. A space surrounding a house or town.

ambitus (am-bi-tas), n. [Latin ambitus "deviousness, corruption"]. Hist. The procuring of a public office by money or gifts; the unlawful buying and selling of a public office.

ambulance chaser 1. A lawyer who approaches victims of accidents in hopes of persuading them to hire the lawyer and sue for damages. 2. A lawyer's agent who engages in this activity. 3. Tendentious slang. An attorney. -ambulance-chasing, n.

ambulance-chasing A blatant form of solicitation in which the lawyer (either personally or through an agent) urges injured people to employ the lawyer to represent them.

ambulatory (am-bya-Ia-tor-ee), adj. 1. Able to walk <the accident victim is still ambulatory>. 2. Capable of being altered or revised; not yet legally :fixed <a will is ambulatory because it is revocable until the testator's death>.

ambulatory automatism See AUTOMATISM.

ambulatory automatism- Automatism that consists in irresponsible or purposeless wanderings.

ambulatory disposition See DISPOSITION (2).

ambulatory disposition- 1. A judgment or sentence that is subject to amendment or revocation. 2. A testamentaryprovision that is subject to change because the testator is still alive and capable of making a new will. Sense 2 corresponds to the first sense of disposition above. See AMBULATORY.

ambulatory will See Will.

ameliorate (a-meel-ya-rayt), vb. 1. To make better <the charity tries to ameliorate the conditions of the homeless>. 2. To become better <with time, the situation ameliorated>.

ameliorating waste See WASTE (1).

amelioration 1. The act ofimproving something; the state of being made better. 2. An improvement. - ameliorative, adj.

ameliorative waste See ameliorating waste under WASTE (1).

amenable (a-mee-na-baI or -men-), adj. Legally answerable; liable to being brought to judgment <amenable to process>. - amenability, n.

amend 1. To make right; to correct or rectify <amend the order to :fix a derical error>. 2. To change the wording of; specif., to formally alter (a statute, constitution, motion, etc.) by striking out, inserting, or substituting words <amend the legislative bill>. See AMENDMENT (3). amendable, adj. amendability, n.

amend a previous action See amend something previously adopted.

amend something previously adopted Parliamentary law. (Of a deliberative assembly). to change an otherwise final text. Also termed amend a previous action.

amendatory (a-men-da-tor-ee), adj. Designed or serving to amend; corrective <an amendatory rider to an insurance policy>.

amende honorable (a-mend on-a-ra-bal or a-mawnd on-a-rah-bal). [French "honorable reparation"]. Hist. A formal reparation for an offense or injury, done by making an open and usu. humiliating acknowledgment and apology so as to restore the victim's honor. This apology could be accomplished, for example, by walking into church with a rope around the neck and a torch in hand, begging forgiveness from the injured party.

amende profitable (a-mend proh-fee-tahb-Ia), n. Roman Dutch law. In a defamation action, reparations made by a defendant who pays a sum that the plaintiff has named under oath as being less than full satisfaction for the claim.

amended complaint See COMPLAINT.

amended complaitlt A complaint that modifies and replaces the original complaint by adding relevant matters that occurred before or at the time the action began. Fed. R. Civ. P. 15(d). In some circumstances, a party must obtain the court's permission to amend its complaint. Fed. R. Civ. Pro. 15(a). Also termed substituted complaint. Cf. supplemental complaint.

amended pleading See PLEADING (1).

amended pleading A pleading that replaces an earlier pleading and that contains matters omitted from or not known at the time of the earlier pleading. Cf. supplemental pleading. An amendment is the correction of an error or the supplying of an omission in the process or pleadings. An amended pleading differs from a supplemental pleading in that the true function of the latter is to spread upon the record matter material to the issue which has arisen subsequent to the filing of a pleading, while matter of amendment purely is matter that might well have been pleaded at the time the pleading sought to be amended was filed, but which through error or inadvertence was omitted or misstated. It has been declared that the allowance of amendments is incidental to the exercise of all judicial power and is indis. pensable to the ends of justice." Eugene A. Jones, Manual of Equity Pleading and Practice 68 (1916).

amended return A return filed after the original return, usu. to correct an error in the original.

amended return See TAX RETURN.

amender One who amends (a document, etc.).

amendment 1. A formal revision or addition proposed or made to a statute, constitution, pleading, order. or other instrument; specif., a change made by addition, deletion, or correction; esp., an alteration in wording. 2. The process of making such a revision.

amendment after allowance See PATENT-APPLICATION AMENDMENT.

amendment after allowance An amendment sub-mitted to the U.S. Patent and Trademark Office after the PTO has mailed notice of a patent application s approval. Once a notice of allowance has been mailed, prosecution of the application is closed on the merits, and the entry of any amendment is within the discretion of the patent examiner. Amendments after allowance commonly address such matters as an amendment to the specification or claims, a change in the drawings or the list ofinventors, and the submission of prior art. Amendments that merely correct formal matters in the speCification or drawings, change the claims without changing their scope, or cancel a claim are typically approved by the Office. Amendments ofgreater significance require approval of the supervisory examiner under policies established by the group director. CFR § 1.312. Also termed 312 amendment; Rule 312 amendment. See amendment after payment ofissuefee.

amendment after appeal An amendment made after an appeal is taken from a patent application s final rejection. Such an amendment is not made as a matter of right but is frequently allowed if it puts the case in better form for consideration on appeal or helps implement an examiner recommendation.

amendment after appeal See PATENT-APPLICATION AMENDMENT.

amendment after final action See PATENT-APPLICATION AMENDMENT.

amendment after final action An amendment made after final rejection of the patent application. The amendment may drop claims but not add them. To be entered, it may make changes in form, but may not raise new issues for the examiner. CFR § 1.116. Also termed Rule 116 amendment.

amendment after payment of issue fee An amendment made by the applicant after the application has been allowed and the issue fee paid. Such an amendment is not made as a matter of right but is governed by 37 CFR § 1.312. It must be accompanied by a petition to the Commissioner showing good and sufficient reasons why the amendment was not presented earlier. See amendment after allowance.

amendment after payment of issue fee See PATENTAPPLICATION AMENDMENT.

amendment as of course An amendment, usu. to pleadings, that a party has a statutory right to apply for without the court's permission.

amendment before first action See preliminary amendmentunder PATENT-APPLICATION AMENDMENT.

amendment before first action See preliminary amendment.

amendment by adding An amendment that places new wording at the end of a motion or of a paragraph or other readily divisible part within a motion . Some authorities treat amendment by adding as a form of amendment by inserting. Cf. amendment by inserting.

amendment by implication A rule of construction that allows a person to interpret a repugnant provision in a statute as an implicit modification or abrogation of a provision that appears before it. Amendments by implication are not favored. See United States v. Welden, 377 U.S. 95, 102 n.12, 84 S.Ct. 1082, 1087 n.12 (1964).

amendment by inserting An amendment that places new wording within or around a motion's current wording. Some authorities distinguish amendment by adding, which places new wording after the current wording, from amendment by inserting. Cf. amendment by adding.

amendment by striking out An amendment that removes wording from a motion's current wording.

amendment by striking out and inserting An amendment that removes wording and replaces it with alternative wording . The motion can properly apply only to inserting wording in place of the wording being struck out; it cannot strike out some wording and insert new wording in a different place. See amendment by substituting; CREATE A BLANK.

amendment by substituting 1. A special type of amendment by striking out and inserting that replaces an entire main motion or a paragraph or other readily divisible part within a main motion; an amendment of greater scope than a perfecting amendment. Cf. perfecting amendment. 2. An amendment by striking out and inserting. See amendment by striking out and inserting. Also termed amendment in the nature of a substitute (in sense 1); substitute; substitution; substitute amendment. Parliamentary writers differ on when an amendment by striking out and inserting qualifies as an amendment by substituting. Some manuals treat the two as equivalent and apply the same rules to them. Others maintain that an amendment is not a substitute unless it replaces the entire main motion or at least a readily divisible part within the main motion and apply different rules to an amendment by substituting than to a less drastic amendment.

amendment in excess of filing fee See PATENT-APPLICATION AMENDMENT.

amendment in excess of filing fee An amendment to a patent application that increases the number of claims in the original application and requires payment of an additional fee.

amendment in the nature of a substitute See amendment by substituting (1).

amendment of registration See TRADEMARK-APPLICATION AMENDMENT.

amendment of the first degree See primary amendment.

amendment of the first rank See primary amendment.

amendment ofindictment The alteration of the charging terms of an indictment, either literally or in effect, after the grand jury has made a decision on it. The indictment usu. cannot be amended at trial in a way that would prejudice the defendant by having a trial on matters that were not contained in the indictment. To do so would violate the defendant's Fifth Amendment right to indictment by grand jury.

amendment on court's own motion A change to a pleading or other document by the judge without a motion from a party.

amendment on court's own motion- See AMENDMENT (2).

amendment to allege use See TRADEMARK-APPLICATION AMENDMENT.

amendment to different register See TRADEMARKAPPLICATION AMENDMENT.

amendment to the amendment See secondary amendment.

amendment to the main question See primary amendment.

amendment to the text See primary amendment. amendment

amends Compensation given for a loss or injury; reparation.

amenity [fr. Latin amoenitas "pleasantness"]. Something tangible or intangible that increases the enjoyment of real property, such as location, view, landscaping, security, or access to recreational facilities.

amerce (a-mars), vb. 1. To impose a fine or penalty that is not fixed but is left to the court's discretion; to punish by amercement. 2. To fine or punish in any manner. amerceable (a- mar-sa-bal), amerciable (a-mar-see-a-bal), adj. 'There were two more aspects to this financial scheme of permitting suitors to use the royal courts for a consideration. The practice developed of 'amercing' or fining those who were 'in the mercy of the king' because they had put forward a false claim, or had made a false defense. In other words the loser of the suit had to pay a fine for his supposedly unjust effort to deny or resist the claim of his opponent." Charles Herman Kinnane, A First Book on Anglo-American Law 272 (2d ed. 1952).

amercement (a-mars-mant), n. [fr. Law French estre a merci "to be at the mercy (of another)," fr. Latin merces "payment"]. 1. The imposition of a discretionary fine or penalty by a court, esp. on an official for misconduct <an amercement proceeding>. 2. The fine or penalty so imposed <an amercement charged to the sheriff for failing to return the writ of execution>. Also termed cashlite; (archaically) amerciament; merciament.

American Academy of Actuaries A national organization of actuaries whose members must meet specified educational requirements and have at least three years of actuarial work experience . Created in 1965, the Academy promotes public awareness of the actuarial profession, represents the profession before federal and state governments, and sponsors continUing-education conferences. Abbr. AAA. See ACTUARY.

American Accounting Association An organization of accounting practitioners, educators, and students, founded in 1916 to promote accounting as an academic discipline by sponsoring research projects and continuing-education seminars. - Abbr. AAA.

American Arbitration Association A national organization that maintains a panel of arbitrators to hear labor and commercial disputes. Abbr. AAA.

American Bankers Association A voluntary trade association of banking institutions, including banks, trust companies, and savings banks and associations, whose members represent the vast majority ofbanking deposits in the United States . The association was founded in 1875. - Abbr. ABA.

American Bar Association A voluntary national organization of law yers organized in 1878. Among other things, it participates in law reform, law-school accreditation, and continuing legal education in an effort to improve legal services and the administration of justice. Abbr. ABA.

American Bar Foundation An outgrowth of the American Bar Association involved with sponsoring and funding projects in law-related research, education, and social studies. - Abbr. ABF.

American Bureau of Shipping An organization of marine underwriters, shipbuilders, and marine carriers charged with conducting research, technological development, officer training, and standards of building, maintaining, and operating seagoing vessels and stationary offshore facilities . The organization was founded in 1862 as the American Shipbuilders' Association. Its name was changed in 1898, and it was formally recognized in the Merchant Marine Act of 1920. Its core mission is to promulgate rules for evaluating the design of new vessels and structures and for maintaining all existing vessels and structures. Abbr. ABS. See ABS RULES.

American Civil Liberties Union A national organization whose primary purpose is to help enforce and preserve individual rights and liberties guaranteed by federal and state constitutions. Abbr. ACLU.

American clause Marine insurance. A policy provision that prevents an insurer from claiming contribution from a policy later purchased by the insured.

american common law 1. The body of English law that was adopted as the law of the American colonies and supplemented with local enactments and judgments. 2. The body ofjudge -made law that developed during and after the United States' colonial period, esp. since independence. Also termed Anglo-American common law. "Every country has its common law. Ours is composed partly of the common law of England and partly of our own usages. When our ancestors emigrated from England, they took with them such of the English principles as were convenient for the situation in which they were about to place themselves. It required time and experience to ascertain how much of the English law would be SUitable to this country. By degrees, as circumstances demanded, we adopted the English usages, or substituted others better suited to our wants, until at length, before the time of the Revolution, we had formed a system of our own, founded in general on the English Constitution, but not without considerable variations." Guardians of the Poor v. Greene, 5 Binn. 554, 557 (Pa. 1813). 3. General law common to the country as a whole, as opposed to special law that has only local application <the issue is whether the common law trumps our jurisdiction's local rules>. Also termed jus commune. "In its historical origin the term common law (jus commune) was identical in meaning with the term general law. The jus commune was the general law of the land the lex terrae as opposed to jus speciale. Bya process of historical development, however, the common law has now become, not the entire general law, but only the residue of that law after deducting equity and statute law. It is no longer possible, therefore, to use the expression common law and general law as synonymous." John Salmond, Jurisprudence 97 (Glanville L. Williams ed., 10th ed. 1947).

American common law See COMMON LAW (2).

American depositary receipt A negotiable instrument issued by an American bank as a substitute for stock shares in a foreign-based corporation . ADRs are the most common method by which foreign companies secure American shareholders. Companies that offer ADRs maintain a stock listing in their domestic market in their domestic currency, while the ADRs are held in U.S. dollars and listed on a U.S. stock exchange, usu. the New York Stock Exchange. The holder of the receipt is entitled to receive the specified securities upon presentation of the ADR to the depositary institution - Abbr. ADR. Also termed American depository receipt. Cf. AMERICAN DEPOSITARY SHARE.

American depositary share A foreign security that is exempt from reporting requirements and deposited in an American bank to be held for private sale . American depositary receipts are used to transfer the securities. Abbr. ADS. Cf. AMERICAN DEPOSITARY RECEIPT.

American depository receipt See AMERICAN DEPOSITARY RECEIPT.

American Experience Table of Mortality Insurance. A chart developed by insurers in the 18608 to predict mortality rates and thereby more accurately set insurance rates. The Table was widely used by insurers to establish rates until the 1950s.

American Federation of Labor and Congress of Industri organization A voluntary affiliation of more than 100 labor unions that operate autonomously yet benefit from the affiliation's political activities and its establishment of broad policies for the national labor movement. -Abbr. AFL-CIO.

American Federation of Musicians A labor union composed of musicians, orchestra leaders, contractors, copyists, orchestrators, composers, and arrangers . In the recording industry, artists hired by record companies that have agreements with the union must be paid according to the union's set scale. - Abbr. AF of M.

American Federation of Television and Radio Artists A labor union composed of actors, announcers, narrators, and vocalists. In the entertainment industry, performers hired by producers that have agreements with the union must be paid according to the union's set scale. It is affiliated with the AFL-CIO. - Abbr. AFTRA.

American Forces Information Service An agency in the u.s. Department of Defense responsible for operating the Armed Forces Radio and Television Service, the Armed Forces Press and Publications Service, and a Broadcast Center . Established in 1977, the Service publishes various periodicals and pamphlets and the Stars and Stripes newspapers. - Abbr. AFIS.

American Guild of Variety Artists A labor union composed of performers in nightclubs, cabarets, theaters, and other areas of live entertainment. The Guild regulates its members' contracts with agents through an agreement with the Artists' Representatives Association. Abbr. AGVA.

American Indian law See NATIVE AMERICAN LAW.

American Inns of Conrt Foundation See INN OF COURT (2).

American Institute of Parliamentarians A national nonprofit educational organization founded in 1958 to improve and promote the rules of parliamentary procedure as a way of implementing sound democratic principles. Abbr. AlP.

American Intellectnal Property Law Association A national bar association oflawyers who practice patent, trademark, copyright, trade-secret, and unfair-competition law. The association was formerly known as the American Patent Law Association. Membership is also open to law students who are interested in intellectual property law. - Abbr. AIPLA.

American Inventors Protection Act A 1999 statute designed to (1) curb deceptive practices by invention-promotion companies, (2) reduce patent fees, (3) provide a defense against infringement for a party who in good faith reduced a patented invention to practice at least one year before a patent's effective filing date, (4) extend the patent term when the PTO is responsible for a delay in issuance, and (5) require publication of a patent application 18 months after its filing unless the applicant requests otherwise. Pub. L. No. 106-113, 113 Stat. 1537-544. - Abbr. AIPA.

American Judicature Society An organization made up of judges, lawyers, and lay people for the purpose of improving the administration of justice. The AJS was founded in 1913. Its interests include ensuring the judiciary's independence,improving judicial selection and the performance ofjuries, and educating the public about the justice system. Abbr. AJS.

American Law Institute An organization of lawyers, judges, and legal scholars who promote consistency and simplification of American law by publishing the Restatements of the Law, and other model codes and treatises, as well as promoting continuing legal education. Abbr. ALI.

American Law Institute test See SUBSTANTIAL-CAPACITY TEST.

American Lloyd's See LLOYD'S UNDERWRITERS.

American National Standards Institute A private nonprofit organization, founded in 1918, that administers the U.S. standardization- and conformity-assessment system and coordinates voluntary participants in the system. Abbr. ANSI.

American option See OPTION.