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antenuptial gift- See prenuptial gift.

antenuptial will See prenuptial will under WILL.

anthropometry (an-thra-pom-a-tree). A system of measuring the human body, esp. the size relationships among the different parts. Before the advent of fingerprinting, minute measurements of the human body taken and compared to other persons' measurements were used to identifv criminals and deceased persons. Cf. BERTILLON SYSTEM. - anthropometric, adj.

Anti-Assignment Act A federal statute prohibiting the assignment or transfer of claims against the United States. 31 USCA § 3727.

anti-assignment-in-gross rule Trademarks. The doctrine that an assignment of a mark without the goodwill symbolized by the mark is invalid. Although trademark rights are not destroyed when a mark is assigned in gross, the failure of the assignor to continue to use the mark, coupled with an ineffective transfer, may result in abandonment. See assignment in gross under ASSIGNMENT.

antibootleg Copyright. Of or pertaining to an effort to combat or discourage illegal recording, distribution, and sale of unauthorized reproductions of live and broadcast performances. The federal antibootleg statute, 18 USCA § 2319A, and the antibootleg statutes of several states criminalize bootlegging activities. See ANTIBOOTLEG STATUTE. antibootlegging, n.

antibootleg statute Copyright. A law, esp. a state law, that prohibits making, distributing, or selling an unauthorized recording of a live performance.

antichresis (an-ti-kree-sis). [Latin "in place of interest"]. Roman & civil law. A mortgage in which the mortgagee retains possession of the mortgaged property and takes the fruits (such as rents) of the property in lieu of interest on the debt. La. Civ. Code art. 3176. "Under the Civil Code of Louisiana, taken from the Code Napoleon, there are two kinds of pledges: the pawn, when a movable is given as security, and the antichresis, when the security given consists in immovables or real estate. Under the latter the creditor acquires the right to take the rents and profits of the land, and to credit, annually, the same to the interest, and the surplus to the principal of the debt, and is bound to keep the estate in repair, and to pay the taxes. Upon default upon the part of the debtor, the creditor may prosecute the debtor, and obtain a decree for selling the land pledged." 3 James Kent, Commentaries on American Law*403-04 (George Comstock ed., 11th ed. 1866).

antichurning rule A statutory or regulatory provision that denies certain tax advantages, esp. accelerated depreciation and amortization schedules, to taxpayers who acquire property in a transaction that does not result in a significant change in the property's ownership or use. See CHURNING (2).

anticipated Patents. (Of a patent claim) having all the same elements of a prior-art reference. If a claim is anticipated by a previous invention or publication, that claim is not allowable; if a patent has already been issued it will be declared invalid. Also termed fully met.

anticipated compromis See general compromis under COMPROMIS.

anticipation 1. The distribution or receipt of trust income before it is due. 2. Patents. The prior invention or disclosure of the claimed invention by another, or the inventor's own disclosure of the claimed invention by publication, sale, or offer to sell if that disclosure predates the date of the patent-application filing by more than one year. By disproving the claim's novelty, anticipation bars the allowance of a claim and provides a defense to an action for infringement based on that claim. See NOVELTY; prior art under ART. anticipate, vb. "Anticipation implies spoiling something for someone, by getting in ahead; obviously this can only be done by a device (or description of a device), and only to a patent." Roger Sherman Hoar, Patent Taaics and the Law 51 (3d ed. 1950),

anticipatory breach See BREACH OF CONTRACT.

anticipatory breach- A breach of contract caused by a party's anticipatory repudiation, i.e., unequivocally indicating that the party will not perform when performance is due .o Under these circumstances, the nonbreaching party may elect to treat the repudiation as an immediate breach and sue for damages. Also termed breach by anticipatory repudiation; construc-tive breach. See anticipatory repudiation under REPU-DIATION. "A repudiation by one party may occur before the time for performance has arrived. Such a repudiation is called an anticipatory breach, and it gives the innocent party the option of treating the contract as terminated at once and suing for damages immediately if he chooses or, alterna-tively, of waiting until the time of performance has arrived, and then again calling on the other party to perform. Should he choose the latter course he runs the risk that the contract may possibly become frustrated in the interim, in which case he will have lost his right to damages." P.S. Atiyah, An Introduction to the Law of Contract 298 (3d ed. 1981).

anticipatory filing The bringing of a lawsuit or regulatory action against another with the expectation that the other party is preparing an action of its own. If properly brought, an anticipatory filing may determine procedural matters such as jurisdiction and venue. See FIRST-TO-FILE RULE; RACE TO THE COURTHOUSE.

anticipatory nuisance See NUISANCE.

anticipatory offense See inchoate offense.

anticipatory offense See inchoate offense under OFFENSE (1).

anticipatory replication Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. A defendant who relies on the anticipated defense must traverse the anticipatory matter in addition to setting up the defense.

anticipatory replication See REPLICATION.

anticipatory repudiation See REPUDIATION.

anticipatory repudiation Repudiation of a contractual duty before the time for performance, giving the injured party an immediate right to damages for total breach, as well as discharging the injured party s remaining duties ofperformance. This type of repudiation occurs when the promisor unequivocally disavows any intention to perform when the time for performance comes. Once the repudiation occurs, the nonrepudiating party has three options: (I) treat the repudiation as an immediate breach and sue for damages; (2) ignore the repudiation, urge the repudiator to perform, wait for the specified time of performance, and sue if the repudiating party does not perform; or (3) cancel the contract. Also termed renunciation. See anticipatory breach under BREACH OF CONTRACT. The Restatement lists three actions that constitute anticipa tory repudiation: "(a) a positive statement to the promisee or other person having a right under the contract, indicating that the promisor will not or cannot substantially perform his contractual duties; (b) transferring or contracting to transfer to a third person an interest in specific land, goods, or in any other thing essential for the substantial performance of his contractual duties; (c) any voluntary affirmative act which renders substantial performance of his contractual duties impossible, or apparently impossible." Restatement (Second) of Contracts § 318 (1979).

anticipatory search warrant A search warrant based on an affidavit showing probable cause that evidence of a certain crime (such as illegal drugs) will be located at a specific place in the future.

anticipatory search warrant See SEARCH WARRANT.

anticircumvention device An apparatus deSigned to prevent bypassing, avoiding, removing, deactivating, or impairing a technological measure that controls access to a work protected by copyright; an apparatus in a media player or receiver, such as a DVD or a TV satellite dish, designed to prevent unauthorized use or duplication of copyrighted material.

anticompetitive Having a tendency to reduce or eliminate competition . This term describes the type of conduct or circumstances generally targeted by antitrust laws. Cf. PROCOMPETITIVE.

anticompetitive conduct Antitrust. An act that harms or seeks to harm the market or the process of competition among businesses, and that has no legitimate business purpose.

anticontest clause See NO-CONTEST CLAUSE.

Anticounterfeiting Consumer Protection Act Trademarks & Copyright. A federal law to discourage counterfeiting of trademarks and copyrighted merchandise such as computer programs, phonorecords, and motion pictures. The law imposes criminal liability for trafficking in counterfeit goods and services (18 USCA § 2318), provides for the seizure of counterfeit goods (15 USCA § 1116 (d)(9"), and provides enhanced statutory civil penalties (IS USCA § 111(c)). Abbr. ACPA.

Anticybersquatting Consumer Protection Act Trademarks. A 1999 federal law authorizing a trademark owner to obtain a federal-court order transferring ownership of a domain name from a cybersquatter to the trademark owner. A mark's owner must show that (1) the mark and the domain name are identical or confusingly similar; (2) the mark was distinctive when the domain name was first registered; (3) the trademark's owner used the mark commercially before the domain name was registered; and (4) the domain registrant acted in bad faith and intended to profit from the trademark's use. Registering a domain name with the intent to sell it to the trademark owner is presump tively an act of bad faith. But if a defendant can prove a legitimate reason for the domain-name registration, the defendant may be allowed to keep the name. - Abbr. ACPA. Also termed Trademark Cyberpiracy Prevention Act.

antideficiency statute See antideficiency legislation under LEGISLATION.

antidefidency legislation See LEGISLATION.

antidestructibility statute See DESTRUCTIBILITY OF CONTINGENT REMAINDERS.

antidestruction clause A provision in a security protecting a shareholder's conversion rights, in the event of a merger, by granting the shareholder a right to convert the securities into the securities that will replace the company's stock when the merger is complete. See convertible security under SECURITY.

antidilution act Trademarks. A statute prohibiting actions that are likely to lessen, diminish, or erode a famous mark's capacity to identify and distinguish goods and services, without regard to whether the action creates a likelihood of confusion, mistake, or deception . The Federal Trademark Dilution Act provides relief against another's commercial use of a mark or tradename that dilutes the distinctive quality of a famous mark. More than half the states also have Anti-Injunction Act antidilution statutes, which are based on the International Trademark Association's 1964 Model State Trademark Bill. Also termed antidilution statute.

antidilution provision A convertible-security provision that safeguards the conversion privilege from share splits, share dividends, or other transactions that might affect the conversion ratio. See CONVERSION RATIO; DILUTION (2).

antidissection rule Trademarks. A rule. applied in comparing potentially conflicting marks, that requires that the marks be compared as a whole or as they are viewed by consumers in the marketplace, not broken down into their component parts. The antidissection rule does not preclude an analysis of the dominant and subordinate features of a mark to determine which features of the mark make the most significant impression on consumers, but the mark must still be considered in its entirety. See TOUT ENSEMBLE.

antidumping duty See antidumping tariff under TARIFF (3).

antidumping duty- See antidumping tariff under TARIFF (3).

antidumping law A statute designed to protect domestic companies by preventing the sale of foreign goods at less than fair value, as defined in the statute (for example, at a price below that of the domestic market). See DUMPING.

antidumping tariff A tariff equaling the difference between the price at which the product is sold in the exporti ng country and the price at which the importer will sell the product in the importing country. These tariffs are designed to prevent foreign businesses from artificially lowering their prices and gaining unfair advantages outside their home market. Also termed antidumping duty. See ANTIDUMPING LAW.

antidumping tariff See TARIFF (2).

anti-evolution statute A law that forbids the teaching of the theory of evolution in schools. Such statutes were held unconstitutional as violative of the Establishment Clause in Epperson v. Arkansas, 393 U.S. 97, 89 S.Ct. 266 (1968). Also termed evolution statute. See CREATIONISM.

antifraud rule See RULE lOB-5.

antigraph (an-ti-graf). Archaic. A copy or counterpart of an instrument.

antigraphus (an-tig-ra-fas), n. [Law Latin]. Hist. An officer who maintains tax revenues; a comptroller.

antiharassment order A type of restraining order available to victims of harassment or stalking, usu. forbidding a person to contact, surveil, or approach the victim.

antiharassment order See ORDER (2).

antihazing statute A (usu. criminal) law that prohibits an organization or members of an organization from requiring a prospective member, as a condition of membership, to do or submit to any act that presents a substantial risk of physical or mental harm. In 1874 Congress passed the first antihazing statute, directed at stopping haZing by midshipmen at the United States Naval Academy. Most states have passed their own antihazing statutes. Also termed hazing statute.

anti-heartbalm statute See HEARTBALM STATUTE.

Anti-Injunction Act A federal statute providing that a federal court may not enjoin state-court proceedings unless an injunction is (1) expressly authorized by Congress, (2) necessary for the federal court's in rem jurisdiction, or (3) necessary to prevent relitigation of a judgment rendered by the federal court. 28 USCA § 2283. See NORRIS-LA GUARDIA ACT.

anti-john law A criminal-law statute punishing prostitutes' customers.

antilapse statute Wills & estates. A statute that substitutes certain heirs ofsome types of testamentary beneficiaries when the beneficiary has predeceased the testator and permits them to take the gift, which would otherwise fail and thus pass to the residuary beneficiary (if any) or to the intestate heirs . Under the common law and the laws of all states, a testamentary beneficiary must survive a testator or else the gift is said to lapse. Ahhough most states have enacted antilapse statutes, their terms vary from state to state. - Also termed lapse statute; nonlapse statute.

antilynching law A statute that criminalizes any unjustified act of violence by two or more people against another, regardless of race. Such laws were originally passed to stop all forms of extralegal violence aimed at black people. Also termed lynching law.

antimanifesto Int'l law. A proclamation in which a belligerent power asserts that the war is a defensive one for that power.

antimarital-facts privilege See marital privilege (2) under PRIVILEGE (3).

antimarital-facts privilege See marital privilege (2).

antinomia (an-ti-noh-me-a). [Greek]. Roman law. An ambiguity in the law. See ANTINOMY.

antinomy (an-tin-a-mee), n. A contradiction in law or logic; esp., a conflict of authority, as between two decisions <antinomies in the caselaw>. antinomic (an-ti-nom-ik), adj.

antipiracy adj. Copyright & Trademarks. Of or pertaining to an effort to combat or discourage illegal reproduction, distribution, or use of copyrighted or trademarked products <an antipiracy group>.

antiqua custuma (an-ti-kwa kas-t[y]oo-ma). [Law Latin ancient customs"]. Hist. A tax on wool, woolfells, and leather, under St. 3 Edw. The distinction between antiqua custuma and nova custuma arose when the king imposed new taxes on the same articles in the 22nd year of his reign. Cf. NOVA CUSTUMA.

antiqua et nova (an-ti-kwa et noh-va). [Latin]. Hist. Old and new (rights). "Antiqua et nova .... The technical terms in our law equivalent to these Latin terms are, heritage and conquest; heritage (antiqua) being that estate to which anyone succeeds as heir; conquest (nova) that which he succeeds to or acquires by purchase, gift, or any singular title. The distinction between heritage and conquest is now abolished, 37 & 38 Vict. cap. 94, § 37: John Trayner, Trayner's Latin Maxims 50 (4th ed. 1894).

antiqua statuta (an-ti-kwa sta-t[y]oo-ta). See VETERA STATUTA.

antiquare (an-ti-kwair-ee), vb. [Latin]. Roman law. 1. To reject a proposal for a new law .Those who voted against a proposed law wrote on their ballots the letter "A:' for antiquo ("I am for the old law"). 2. To repeal a law.

antiquum dominicum (an-ti-kwam da-min-i-kam). [Law Latin]. Ancient demesne. See DEMESNE.

antiquus et novus extentus (an-ti-kwas et noh-vas ek-sten-tas). [Law Latin]. Scots law. Old and new extent. The phrase appeared in reference to the valuation of land for tax purposes, with old valuations assessed in the year 1280, and new valuations assessed several times after that date. Cf. QUANTUM NUNC VALENT; QUANTUM VALUERUNT TEMPORE PACIS.

antishelving clause Patents. A provision in a patentlicensing contract, usu. one in which payment is based on royalties, requiring the licensee to put the patented article into commercial use within a specified time and to notify the patentee if the licensee decides to stop selling or manufacturing it. The licensee generally agrees to commercially exploit the patent or else risk losing the license or exclusivity. Antishelving clauses are also used in trademark licenses. Also termed antishelving provision; shelving clause; shelVing provision.

antisocial behavior order English law. A judicial order prohibiting a person from certain types of conduct, potentially including conduct that is otherwise legal, where the conduct is likely to cause harm or distress to a nonoccupant of the individual's household. ABSOs were introduced in Great Britain by the Crime and Disorder Act 1998. Abbr. ABSO or ASBO.

antisocial personality disorder See PSYCHOPATH.

antispamming law A statute enacted to combat or criminalize the sending of unsolicited commercial e-mail. Many states have such a law. See SPAM.

antistructuring statute A federal law that forbids structuring monetary transactions with the intent to evade federal reporting requirements.

antisubrogation rule (an-tee-sab-roh-gay-shan). Insurance. The principle that an insurance carrier has no right of subrogation that is, no right to assert a claim on behalf of the insured or for payments made under the policy against its own insured for the risk covered by the policy. See SUBROGATION.

antisuit adj. Of or relating to a court order forbidding the defendant in a lawsuit, pending or resolved, from filing a similar action against the same party in another jurisdiction. The purpose of an antisuit order is usu. to prevent forum-shopping. See RES JUDICATA; COLLATERAL ESTOPPEL.

antisuit injunction See INJUNCTION.

antisuit injunction An injunction prohibiting a litigant from instituting other, related litigation, usu. between the same parties on the same issues.

antitakeover measure A provision in a company's organizational documents intended to discourage unwanted takeover bids by setting forth the actions the company may take, as a target, to avoid an involuntary takeover.

antitakeover statute A state law designed to protect companies based in the state from hostile takeovers.

antithetarius (an-tith-a-tair-ee-as). [Law Latin]. Hist. An accused person who asserts that his or her accuser is guilty of the crime. Cf. APPROVER (1).

Antitrust Civil Process Act A federal law prescribing the procedures for an antitrust action by way of a petition in U.S. District Court. 15 USCA §§ 1311 et seq.

Antitrust Guidelines for the Licensing of Intellectual property A set of criteria, jointly issued by the Antitrust Division of the U.S. Justice Department and the FTC, that those agencies apply in deciding whether to initiate an investigation or enforcement action as a result of restrictions in patent, copyright, trade-secret, and know-how licenses. 4 Trade Reg. Rep. (CCH) ~ 13,132 (April 6, 1995).

antitrust law 1. The body of law designed to protect trade and commerce from restraints, monopolies, price-fixing, and price discrimination. The principal federal antitrust laws are the Sherman Act (15 USCA §§ 1-7) and the Clayton Act (I5 USCA §§ 12-27). "As legislative history and case law both disclose, the general objective of the antitrust laws is the maintenance of competition. Competition per se thus becomes a goal of the legal order. Yet, competition is not a concept which defines itself; notions about the desirability of competition may shape judgments about how the law should apply, at least at its indistinct edges." Lawrence A. Sullivan, Handbook of the Law of Antitrust § 5, at 20 (1977). 2. (cap.) SHERMAN ANTITRUST ACT.

antlike persistency Patents. Slang. The steady tenacity of a patent practitioner or applicant who tries to wear down the U.S. Patent and Trademark Office by prosecuting patent claims in the hope that the Office will eventually relent . Judge Learned Hand coined this pejorative expression in Lyon v. Boh, 1 F.2d 48, 49-50 (S.D.N.Y. 1924).

ao abbr. ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.

aoc abbr. 1. ANNO ORBIS CONDITL 2. And other consideration. See other consideration under CONSIDERATION.

aod abbr. ACTION ON DECISION.

aogl abbr. See adjusted ordinary gross income under INCOME.

aousc abbr. ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.

apa abbr. 1. ADMINISTRATIVE PROCEDURE ACT. 2. ADVANCE PRICING AGREEMENT.

apartheid (a-pahrt-hayt or a-pahr-tIt). Racial segregation; specif, a comprehensive governmental policy of racial discrimination and segregation, as it was practiced in South Africa.

apertum breve See BREVE.

apertum breve- (a-par-tam breev or bree-vee). [Latin "open writ"] An open, unsealed writ. See patent writ under WRIT. Cf. close write under WRIT; CLAUSUM.

apertum factum (a-par-tam fak-tam). [Latin "open deed"]. An overt act.

apertura testamenti (ap-ar-t[y]oor-a tes-ta-men-ti). [Latin "opening ofthe testament"]. Roman law. A procedure for proving a will by which the witnesses acknowledged their signatures and seal before a magistrate and the will was opened and publicly read.

apex deposition See DEPOSITION.

apex deposition- The deposition of a person whose position is at the highest level of a company's hierarchy. Courts often preclude an apex deposition unless (1) the person to be deposed has particular knowledge regarding the claim, and (2) the requesting party cannot obtain the requested and discoverable information through less intrusive means.

apex juris (ay-peks joor-is). [Latin "summit of law"]. An extreme point or subtlety of law, such as a merely technical objection in pleading or an extreme interpretation of a doctrine. Cf. APICES LITIGANDI.

apex rule Mining law. The principle that a vein of ore may be mined if it extends beyond the vertical boundaries of the surface claim on which the vein apexes. Also termed extra lateral right. Cf. INTRALIMINAL RIGHT.

aph abbr. AMERICAN PRINTING HOUSE FOR THE BLIND.

aphIs abbr. ANIMAL AND PLANT HEALTH INSPECTION SERVICE.

apices litigandi (ay-pi-seez lit-i-gan-di). [Law Latin]. Extremely fine points (or subtleties) of litigation. Cf. APEX JURIS.