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American option See OPTION.

American Patent Law Association See AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION.

American Printing House for the Blind A federallyaided institution that assists blind children by distributing Braille books, talking books, and educational aids without charge . The printing house was incorporated in Kentucky in 1858. Abbr. APH.

American rule 1. The general policy that alllitigants, even the prevailing one, must bear their own attorney's fees . The rule is subject to bad-faith and other statutory and contractual exceptions. Cf. ENGLISH RULE. 2. The doctrine that a witness cannot be questioned on cross-examination about any fact or circumstance not connected with the matters brought out in the direct examination.

American share A share of stock in a foreign corporation issued directly to U.S. investors through a transfer agent.

American share See SHARE (2).

American Society of Composers, Authors & Publishers Copyright. One of the u.s. performing-rights societies that licenses and polices the public performance of nondramatic musical works on behalf of the copyright owners. Abbr. ASCAP.

American Society of Writers on Legal Subjects The formal name for Scribes, an association of lawyers dedicated to the improvement of legal writing. Founded in 1953, it sponsors annual writing competitions and publishes The Scribes Journal of Legal Writing, the first journal devoted exclusively to legal writing.

American Stock Exchange An organized stock exchange and self-regulating organization under the Securities Exchange Act of 1934, located in New York City and engaged in national trading of corporate stocks . It of ten trades in the securities of young or small companies because its listing requirements are less strict than those of the New York Stock Exchange. Abbr. AMEX; ASE.

Americans with Disabilities Act A federal statute that prohibits discrimination in employment, public services, and public accommodations against any person because of the person's disability physical or mental impairment that substantially limits one or more of the major life activities"). 42 USCA §§ 1210112213. Under the ADA and related regulations and caselaw, major life activities include those that an average person in the general population can perform with little or no difficulty, such as seeing, hearing, sleeping, eating, walking, traveling, and working. The statute applies to both private and governmental entities but not to a private employer having fewer than 15 employees. 42 USCA § 1211l(5)(A). Abbr. ADA. See DISABILITY (2); MAJOR LIFE ACTIVITY.

American-style option See American option under OPTION.

ami (a-mee), n. [Law French, fr. Latin amicus]. A friend. This term appears in several traditional legal phrases, such as prochein ami ("next friend"). Also spelled amy. See NEXT FRIEND.

amiable compositor Int'l law. An unbiased third party, of ten a head of state or high government official, who suggests a solution that disputing countries might accept of their own volition. - Also termed aimable compositeur.

amicable action See test case (1) under CASE.

amicable action- See test case (1) under CASE.

amicable compounder See COMPOUNDER (1).

amicable scire facias to revive a judgment See SCIRE FACIAS.

amicable scire facias to revive a judgment A written agreement in which a person against whom a revival of an action is sought agrees to the entry of an adverse judgment.

amicable suit See test case (1) under CASE.

amicus 1. See AMICUS CURIAE. 2. See amicus briefunder BRIEF (1

amicus brie A brief, usu. at the appellate level, prepared and filed by an amicus curiae with the court's permission. Sometimes shortened to amicus. Also termed friend of the court brief

amicus brief See BRIEF (1).

amicus curiae (a-mee-kas kyoor-ee-i or -a-mi-kas kyoor-ee-ee also am-i-kas). [Latin "friend of the court"]. A person who is not a party to a lawsuit but who petitions the court or is requested by the court to file a brief in the action because that person has a strong interest in the subject matter. - Often shortened to amicus. - Also termed friend of the court. PI. amici curiae (a-mee-kee or -a-mi-si or a-mi-ki).

Amish exception An exemption of the Amish from compulsory-school-attendance laws under the Free Exercise Clause of the First Amendment. In Wisconsin V. Yoder, 406 U.S. 205, 92 S.Ct. 1526 (1972), the Supreme Court held that Amish children could not be compelled to attend high school even though they were within the age range of the state's compulsory-attendance law. The Court has very narrowly construed the Amish exception and has refused to extend it to nonAmish children. See COMPULSORY-ATTENDANCE LAW; FREE EXERCISE CLAUSE.

amita (am-a-ta). [Latin]. Civil law. The sister of one's father; an aunt on the father's side. PI. amitae.

amitina (am-a-tl-na). [Latin]. Civil law. The daughter of a paternal aunt or maternal uncle; a female first cousin. Pl. amitinae.

amitinus (am-a-tl-nas). [Latin]. Civil law. The son of a paternal aunt or maternal uncle; a male first cousin. PI. amitini.

amittere curiam (a-mit-a-ree kyoor-ee-am), vb. [Law Latin]. Hist. To lose the privilege of attending court.

amittere legem terrae (a-mit-a-ree-lee-jam-ter-ee). See LIBERAM LEGEM AMITTERE.

amittere liberam legem (a-mit-a-ree lib-ar-am-lee-jam). See LIBERAM LEGEM AMITTERE.

amnesty A pardon extended by the government to a group or class of persons, usu. for a political offense; the act ofa sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted <the 1986 Immigration Reform and Control Act provided amnesty for undocumented aliens already present in the country>. Unlike an ordinary pardon, amnesty is usu. addressed to crimes against state sovereignty that is, to political offenses with respect to which forgiveness is deemed more expedient for the public welfare than prosecution and punishment. Amnesty is usu. general, addressed to classes or even communities. Also termed general pardon. See PARDON. -- amnesty, vb. "Amnesty . .. derives from the Greek amnestia (,forgetting'), and has come to be used to describe measures of a more general nature, directed to offenses whose criminality is considered better forgotten." Leslie Sebba, "Amnesty and Pardon," in 1 Encyclopedia of Crime and justice 59, 59 (Sanford H. Kadish ed., 1983).

amnesty clause A clause, esp. one found in a peace treaty, that wipes out past offenses such as treason, sedition, rebellion, and even war crimes. A sovereign may grant amnesty to all guilty persons or only to certain categories of offenders.

Amnesty International An international nongovernmental organization founded in the early 1960s to protect human rights throughout the world. Its mission is to "secure throughout the world the observance of the Universal Declaration of Human Rights." Amnesty Int'l Statute, art. 1.

amortization (am-ar-ta-zay-shan), n. 1. The act or result of gradually extinguishing a debt, such as a mortgage, usu. by contributing payments of principal each time a periodic interest payment is due.

amortization reserve See RESERVE.

amortization reserve An account created for bookkeeping purposes to extinguish an obligation gradually over time.

amortization schedule A schedule of periodic payments of interest and principal owed on a debt obligation; specif., a loan schedule showing both the amount of principal and interest that is due at regular intervals over the loan term and the remaining unpaid principal balance after each scheduled payment is made.

amortize 1. To extinguish (a debt) gradually, often by means of a sinking fund. 2. To arrange to extinguish (a debt) by gradual increments. 3. Hist. To alienate or convey lands to a corporation (that is, in mortmain). Also spelled amortise. See MORTMAIN.

amortized loan See LOAN.

amortized mortgage See MORTGAGE.

amortizement See AMORTIZATION.

amotion 1. A turning out, as the eviction of a tenant or the removal of a person from office. 2. The common-law procedure available to shareholders to remove a corporate director for cause. ''The cases do not distinguish clearly between disfranchisement and amotion. The former applies to members, and the latter only to officers; and if an officer be removed for good cause, he may still continue to be a member of the corporation. Disfranchisement is the greater power, and more formidable in its application; and in joint stock or moneyed corporations no stockholder can be disfranchised, and thereby deprived of his property or interest in the general fund, by any act of the corporation, Without at least an express authority for that purpose." 2 James Kent, Commentaries on American Law *298 (George Comstock ed., 11th ed. 1866). 3. The wrongful moving or carrying away of another's personal property.

amount in controversy The damages claimed or relief demanded by the injured party in a lawsuit. For a federal court to have diversity jurisdiction, the amount in controversy must exceed $75,000. 28 USCA § 1332(a). Also termed jurisdictional amount; matter in controversy. See DIVERSITY OF CITIZENSHIP; AGGREGATION DOCTRINE.

amount realized The amount received by a taxpayer for the sale or exch an asset, such as cash, property, services recei or debts assumed by a buyer. Cf. GAIN (3); LOSS (2).

amove To remove (a person) from an office or position. - amoval, n.

amoveas manus (ay-moh-vee-as man-as). [Law Latin "that you remove your hands") Hist. 1. A judgment ordering the Crown to relinquish possession ofland to the complainant . The judgment is so called from the emphatic words quod manus domini regis amoveantur ("that the hands of the king be removed"). 2. The writ issued on the judgment.

amparo Mexican law. A summary proceeding intended to vindicate an individual's or company's rights without necessarily establishing a precedent for similarly situated parties. - Also termed judicio de amparo.

ampliatio (am-plee-ay-shee-oh), n. [Latin). Roman law. 1. The act of deferring or reserving judgment. 2. In a criminal trial before a comitia, the repeating of evidence at the jury's request. PI. ampliationes (am-plee-ay-shee-oh-neez).

ampliation (am-plee-ay-shan). Civil law. An extending; a postponement of the decision in a case.

amplius (am-plee-as), adj. & adv. [Latin) Hist. More; further.

ams abbr. AGRICULTURAL MARKETING SERVICE.

amt abbr. See alternative minimum tax under TAX.

amtrak See NATIONAL RAILROAD PASSENGER CORPORATION.

amusement tax See TAX.

amusement tax A tax on a ticket to a concert, sporting event, or the like. The tax is usu. expressed as a percentage of the ticket price.

amy (a-mee), n. [Law French) A friend . This is an alternative spelling of ami. See AMI.

an no orbis conditi (an-oh or-bis kon-di-ti), n. [Latin]. The year of the creation of the world. - Abbr. AOC.

anaconda clause See MOTHER HUBBARD CLAUSE (1).

anacrisis (an-a-kri-sis). Civil law. An investigation or inquiry, esp. one conducted by torture.

analog Patents. A different material, usu. a chemical or DNA sequence, that produces the same result as the specified material when used in a certain way. To prevent others from free-riding on their innovation without technically infringing their exclusive rights, patent applicants often include analogs in their claims. - Also spelled analogue. - Also termed functional analog; equivalent.

analogous art See ART.

analogous- art Patents. A technique, product, application, machine, or method that is reasonably related to the problem addressed by the invention, and with which the inventor is assumed to be familiar. Also termed pertinent art. See NONOBVIOUSNESS.

analogous use 1. Patents. The application of a process already known in one field of art to produce a similar result in another field . Unless the fields are so unrelated or the outcomes so different as to produce a novel, useful, and nonobvious result, an analogous use is not patentable. 2. Trademarks. The use of a mark in marketing and advertising a product or service before the actual sale of the product or service, in order to establish the mark's use in commerce. For the owner to take advantage of the analogous-use doctrine, the marketing campaign must be substantial and the product or service must be available soon after the campaign. An owner who files an intent-to-use application may tack on the period of analogous use for purposes of priority and incontestability.

analytical jurisprudence A method of legal study that concentrates on the logical structure of law, the meanings and uses of its concepts, and the formal terms and the modes of its operation.

analytical jurisprudence See JURISPRUDENCE.

analytical memorandum See research memorandum under MEMORANDUM.

anarchist One who advocates the overthrow of organized government by force or who believes in the absence of government as a political ideal. - anarchism (the philosophy), n.

anarchy 1. Absence of government; lawlessness. 2. A sociopolitical theory holding that the only legitimate form of government is one under which individuals govern themselves voluntarily, free from any collective power structure enforcing compliance with social order. - anarchic, adj.

anathema (a-nath-a-ma), n. An ecclesiastical curse that prohibits a person from receiving communion (as in excommunication) and bars the person from contact with members of the church. - anathematize, vb.

anatocism (a-nat-a-siz-am), n. [fr. Greek anatokismos "to lend on interest again"] Rare. 1. Compound interest. See compound interest under INTEREST (3). 2. The practice of compounding interest.

anatomical gift See GIFT.

anatomical gift- A testamentary donation of a bodily organ or organs, esp. for transplant or for medical research. The procedures for making an anatomical gift are set forth in the Uniform Anatomical Gift Act, which has been adopted in every state.

ancestor A person from whom an estate has passed; ASCENDANT. This word is the correlative of heir. Cf. HEIR (1).

ancestral deb An ancestor's debt that an heir can be compelled to pay.

ancestral debt See DEBT.

ancestral estate See ESTATE (1).

ancestral estate- An estate that is acquired by descent or by operation of law with no other consideration than that of blood.

ancestry A line of descent; lineage.

anchorage Maritime law. 1. An area where ships anchor. 2. A duty paid by shipowners for the use of a port; a toll for anchoring.

ancient adj. Evidence. Having existed for a long time without interruption, usu. at least 20 to 30 years <ancient deed> <ancient map>.o Ancient items are usu. presumed to be authentic even if proof of authenticity cannot be made. Fed. R. Evid. 901(b)(8).

ancient- See ANCIENTS.

ancient demesne See DEMESNE.

ancient demesne- A manor that was held by the Crown at the time of William the Conqueror and was recorded in the Domesday Book.

ancient document See DOCUMENT.

ancient document- Evidence. A document that is presumed to be authentic because its physical condition strongly suggests authenticity, it has existed for 20 or more years, and it has been maintained in proper custody (as by coming from a place where it is reasonably expected to be found). Fed. R. Evid. 901(b) (8). - Also termed ancient writing.

ancient fact See FACT.

ancient fact- A fact about a person, thing, or event that existed or occurred a very long time ago, and about which no living person has firsthand knowledge. Also termed fact in pais.

ancient house See HOUSE.

ancient house- In England, a house that has stood long enough to acquire an easement of support against the adjoining land or building.

ancient law The law of antiquity, considered esp. either from an anthropological standpoint or from the standpoint of tracing precursors to modern law. "Ancient law uniformly refuses to dispense with a single gesture, however grotesque; with a single syllable, however its meaning may have been forgotten; with a single witness, however superfluous may be his testimony. The entire solemnities must be scrupulously completed by persons legally entitled to take part in them, or else the conveyance is null, and the seller is re-established in the rights of which he had vainly attempted to divest himself." Henry S. Maine, Ancient Law 225-26 (1 7th ed. 1901).

ancient readings Hist. Lectures on ancient English statutes, formerly having substantial legal authority.

ancient rent Hist.The rent reserved at the time the lease is made, if the estate was not then under lease.

ancient serjeant The eldest of the Crown's serjeants. The last serjeant to hold this office died in 1866.

ancient wall See WALL.

ancient waterconrse See WATERCOURSE.

ancient writing See ancient document under DOCUMENT.

ancient-lights doctrine The common-law principle by which a landowner acquired, after 20 years of uninterrupted use, an easement preventing a neighbor from building an obstruction that blocks light from passing through the landowner's window .o The window (or other opening) is termed an ancient light. This doctrine has rarely been applied in the United States. - Also termed ancient-windows doctrine. "[A] notice 'Ancient lights,' which is often seen affixed to the wall of a building, only denotes a claim by or on behalf of the owner that he has acquired, by prescription or otherwise, a right to a reasonable amount of light, free from interruption, over adjoining land: but it must not be supposed that such a notice is necessary in order to protect a legal right." 2 Stephen's Commentaries on the Laws of Eng/and 347 (Crispin Warmington ed., 21st ed. 1950). "Under the English doctrine of ancient lights, which has been soundly repudiated in this country, if a landowner had received sunlight across adjoining property for a specified period of time, the landowner was entitled to continue to receive unobstructed access to sunlight across the adjoining property; the landowner acquired a negative prescriptive easement and could prevent the adjoining landowner from obstructing access to light." 1 Am. Jur. 2d Adjoining Landowners § 90, at 889 (1994).

ancients Certain members ofseniority in the Inns of Court and Chancery . In Gray's Inn, the society consisted of benchers, ancients, barristers, and students under the bar, with the ancients being the oldest barristers. In the Middle Temple, those who passed the readings were termed ancients. 'The Inns of Chancery consisted of both ancients and students or clerks. Also termed (in singular) ancient.

ancient-windows doctrine See ANCIENT-LIGHTS DOCTRINE.

ancilla (an-sil-a), n. [Latin]. Hist. A female auxiliary or assistant.