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able bodied seaman See SEAMAN.

able seaman See able-bodied seaman under SEAMAN.

able to work Labor law. (Of a worker) released from medical care and capable of employment; esp., not qualified to receive unemployment benefits on grounds ofillness or injury.

able-bodied seaman An experienced seaman who is qualified for all seamans duties and certified by an inspecting authority. Abbr. AB; ABS. Also termed able seaman; bluewater seaman.

ablegate (ab-Ia-gayt), n. A papal envoy on a special mission, such as a newly appointed cardinal's insignia of office.

ableism Prejudice against or disregard of disabled people's needs and rights; discrimination that unreasonably favors able-bodied persons. See DISCRIMINATION (1), (2). ableist, adj.

ablocation (ab-Ioh-kay-shan). Archaic. The leasing of property for money. Cf. LOCATIO.

abmatertera (ab-ma-tar-tar-a), n. [Latin) Civil law. A great-great-great aunt. See MATERTERA MAXIMA.

abnepos (ab-nep-ahs or -ohs), n. [Latin] Civil law. A great-great grandson; the grandson of a grandson or granddaughter.

abneptis (ab-nep-tis), n. [Latin) Civil law. A great-great granddaughter; the granddaughter of a grandson or granddaughter.

abnormal law The law as it applies to persons who are under legal disabilities such as infancy, alienage, insanity, criminality, and (formerly) coverture.

abnormally dangerous activity (1957) An undertaking that necessarily carries with it a Significant risk of serious harm even if reasonable care is used, and for which the actor may face strict liability for any harm caused; esp., an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the risk of serious harm to persons or property, (2) cannot be performed without this risk, regardless of the precautions taken, and (3) does not ordinarily occur in the community .o Under the Restatement (Second) of Torts, determining whether an activity is abnormally dangerous includes analyzing whether there is a high degree of risk of harm, whether any harm caused will be substantial, whether the exercise of reasonable care will eliminate the risk, whether the activity is a matter of common usage, whether the activity is appropriate to the place in which it occurs, and whether the activity's value to society outweighs its dangerousness. Restatement (Second) of Torts 520 (1977). Also, esp. formerly, termed abnormally hazardous activity; extrahazardous activity; ultrahazardous activity. See strict liability under LIABILITY.

abode A home; a fixed place of residence. See DOMICILE; PLACE OF ABODE.

abogado (ah-boh-gah-doh), n. [Spanish) Spanish law. An advocate; a lawyer.

abolish vb. To annul, eliminate, or destroy, esp. an ongoing practice or thing.

abolition 1. The act of abolishing. 2. The state of being annulled or abrogated. 3. (usu. cap.) The legal termination of slavery in the United States. 4. Civil law. Withdrawal of a criminal accusation; a sovereign's remission of punishment for a crime. 5. Hist. Permission granted to the accuser in a criminal action to withdraw from its prosecution. See NOLLE PROSEQUI.

abominable and detestable crime against nature See SODOMY.

aboriginal cost See COST (1).

aboriginal cost- The cost of an asset incurred by the first company to use it for public utilities.

aboriginal title See TITLE (2).

abortee (a-bor-tee). A woman who undergoes an abortion.

aborticide See ABORTIFACIENT.

abortifacient (a-bor-ta-fay-shant), n. A drug, article, or other thing designed or intended to produce an abortion. - Also (rarely) termed aborticide. abortifacient, adj.

abortion 1. An artificiallv induced termination of a pregnancy for the purp~se of destroying an embryo or fetus. In Roe v. Wade, the Supreme Court first recognized a woman's right to choose to end her pregnancy as a privacy right stemming from the Due Process Clause of the 14th Amendment. 410 U.S. 113,93 S.Ct. 705 (1973). Sixteen years later, in Webster v. Reproductive Health Services, the Court permitted states to limit this right by allowing them to enact legislation that (1) prohibits public facilities or employees from performing abortions, (2) prohibits the use of public funds for family planning that includes information on abortion, or (3) severely limits the right to an abortion after a fetus becomes viable that is, could live independently of its mother. 492 U.S. 490, 109 S.Ct. 3040 (1989). In 1992, the Court held that (1) before viabilitv, a woman has a fundamental right to choose to terminate her pregnancy, (2) a law that imposes an undue burden on the woman's right to choose before viability is unconstitutional, and (3) after viability, the state, in promoting its interest in potential human life, may regulate or prohibit abortion unless it is necessary to preserve the life or health of the mother. Planned Parenthood ofSoutheastern Pa. v. Casey, 505 U.S. 833,112 S.Ct. 2791 (1992). In 2000, the Court again considered abortion rights and reaffirmed Casey in holding the Nebraska law at issue unconstitutional because (1) it failed to provide an exception to preserve the health of the mother, and (2) it unduly burdened a woman's right to choose a late-term abortion, thereby unduly burdening her right to choose abortion itself. Stenberg v. Carhart, 530 U.S. 914, 120 S.Ct. 2597 (2000). Formerly also termed procuring an abortion; criminal operation; criminal miscarriage; procuring miscarriage.2. The spontaneous expulsion of an embryo or fetus before viability; MISCARRIAGE. abort, vb. - abortionist,n.

abortive child See CHILD.

abortive child- A stillborn child or a child born so prematurely that it cannot and does not survive 24 hours.

abortive trial See MISTRIAL.

aboutissement (a-boo-tees-mahn), n. [Law French] An abut tal or abutment.

above adj. & adv. (Of an appellate court) having the power to review the case at issue; having dealt with an appeal in the case at issue;<the court above> <when the case was heard above, the issue was not raised>. Cf. BELOW.

above-mentioned adj. See AFORESAID.

above-stated adj. See AFORESAID.

above-the-line adj. (1973) (Of a deduction) taken after calculating gross income and before calculating adjusted gross income. Examples of above-the line deductions are IRA contributions and moving expenses. Formerly, individual tax returns had a dark line above which these deductions were written. Cf. BELOW-THE-LINE.

abpatruus (ab-pa-troo-as), n. [Latin] Roman & civil law. A great-great-great uncle. Also termed patruus maximus.

a-b-q trust See by pass trust under TRUST.

abridge 1. To reduce or diminish <abridge one's civil liberties> 2. To condense (as a book or other writing) <the author abridged the treatise before final publication>.

abridgment 1. The reduction or diminution of something concrete (as a treatise) or abstract (as a legal right). 2. A condensed version of a longer work 3. Hist. A legal digest or encyclopedia.

abridgment of damages The right of a court to reduce the damages in certain cases. See REMITTITUR.

abroad adv. Outside a country; esp., other than in a forum country.

abrogare (ab-roh-gair-ee), vb. [Latin] Roman law. (16c) To remove something from an old law by a new law. Also termed exrogare.

abrogate (ab-ro-gayt), vb. (16c) To abolish (a law or custom) by formal or authoritative action; to annul or repeal. Cf. OBROGATE. abrogation, n.

abrogation of adoption Family law. An action brought by an adoptive parent to terminate the parent-child relationship by annulment of the decree ofadoption. An adoption may be nullified if it resulted from fraud, misrepresentation, or undue influence, or if nullification is in the child's best interests. Also termed annulment of adoption. Cf. WRONGFUL ADOPTION.

abs abbr. 1. AMERICAN BUREAU OF SHIPPING. 2. AUTOMATED BOND SYSTEM. 3. See able-bodied seaman under SEAMAN.

abs Rules Maritime law. Industry standards for the construction, maintenance, and operation of seagoing vessels and stationary offshore facilities, as set and enforced by the American Bureau of Shipping. See AMERICAN BUREAU OF SHIPPING.

abscond (ab-skond), vb. (16c) 1. To depart secretly or suddenly, esp. to avoid arrest, prosecution, or service of process. 2. To leave a place, usu. hurriedly, with absolute-bar rule another's money or property. - abscondence (ab-skon-dants), n. - absconder, n.

absconding debtor See DEBTOR.

absconding debtor- A debtor who flees from creditors to avoid haVing to pay a debt. Absconding from a debt was formerly considered an act of bankruptcy. See ACT OF BANKRUPTCY.

absence 1. The state of being away from one's usual place of residence. 2. A failure to appear, or to be available and reachable, when expected. 3. Louisiana law. The state of being an absent person. Also termed (in sense 3) absentia.

absent debtor See DEBTOR.

absent debtor- A debtor who lacks the intent to defraud creditors but is beyond the geographic reach of ordinary service of process.

absent parent See noncustodial parent under PARENT.

absent parent See noncustodial parent.

absent person A person who has no representative in the state and whose whereabouts are not known and cannot be ascertained by diligent effort. La. Civ. Code art. 47.

absent person See PERSON (1).

absente (ab-sen-tee). [Latin] In the absence of. This term formerly appeared in law reports to note the absence of a judge <the court, absente Ellis, J., was unanimous>.

absente reo (ab-sen-tee ree-oh). [Latin] The defendant being absent. This phrase appears syntactically as what English language grammarians term a "nominative absolute."

absentee 1. A person who is away from his or her usual residence; one who is absent. 2. A person who is not present where expected. 3. A person who either resides out ofstate or has departed from the state without having a representative there. "Generally, a person is an absentee when he is absent from his domicile or usual place of residence; but in light of pertinent statutes he is an absentee when he is without the state and has no representative therein." 1 c.J,S. Absentee 2, at 339 (1985).

absentee- adj. Not present <absentee voter>.

absentee-- adv. In the manner of one who is not present <Debby voted absentee>.

absentee ballot 1. See BALLOT (2). 2. See absentee voting under VOTING.

absentee ballot- A ballot that a voter submits, some-times by mail, before an election. Also termed absentee vote. See absentee voting under VOTING.

absentee landlord A landlord who does not live on the leased premises; usu., one who lives far away. Also termed absentee management.

absentee landlord See LANDLORD.

absentee management See absentee landlord under LANDLORD.

absentee vote See absentee voting under VOTING.

absentee voting See VOTING.

absentia 1. See ABSENCE (3). 2. IN ABSENTIA.

abso abbr. See ANTISOCIAL BEHAVIOR ORDAR.

Absoile (ab-soyl),vb.See ASSOIL.

absolute adj. 1. Free from restriction, qualification, or condition <absolute ownership>. 2. Conclusive and not liable to revision <absolute delivery>. 3. Unrestrained in the exercise of governmental power <absolute monarchy>. absolute, n.

absolute assignee See ASSIGNEE.

absolute assignee- A person who is assigned an unqualified interest in property in a transfer of some or all of the incidents of ownership.

absolute assignment See ASSIGNMENT (2).

absolute assignment- An assignment that leaves the assignor no interest in the assigned property or right.

absolute auction See auction without reserve under AUCTION.

absolute bar rule The principle that, when a creditor sells collateral without giving reasonable notice to the debtor, the creditor may not obtain a deficiency judgment tor any amount of the debt that is not satisfied by the sale.The rule governs commercially unreasonable sales made in violation of the Ucc.

absolute contraband See CONTRABAND.

absolute contraband- Goods used primarily for war, such as arms and ammunition, as well as clothing and equipment of a military character.

absolute conveyance See CONVEYANCE.

absolute conveyance- A conveyance in which a right or property is transferred to another free of conditions or qualifications (i.e., not as a security). Cf. conditional conveyance.

absolute covenant See COVENANT (1).

absolute covenant- A covenant that is not qualified or limited by any condition. Cf. conditional covenant.

absolute deed See DEED.

absolute deed- A deed that conveys title without condition or encumbrance. Also termed deed absolute.

absolute defense See real defense under DEFENSE (4).

absolute defense- See real defense.

absolute delivery See DELIVERY.

absolute delivery- A delivery that is complete upon the actual transfer of the instrument from the grantor's possession. Such a delivery does not usu. depend on recordation.

absolute disparity Constitutionallaw.lhe difference between the percentage of a group in the general population and the percentage of that group in the pool of prospective jurors on a venire. For example, ifAfrican-Americans make up 12% of a county's population and 8% of the potential jurors on a venire, the absolute disparity of African-American veniremembers is 4%. The reason for calculating the disparity is to analyze a claim that the jury was not impartial because the venire from which it was chosen did not represent a fair cross-section of the jurisdiction's population. Some courts criticize the absolute-disparity analysis, favoring instead the comparative-disparity analysis, in the belief that the absolute-disparity analysis under states the deviation. See FAIR-CROSS-SECTION REQUIREMENT; DUREN TEST; STATISTICAL-DECISION THEORY. Cf. COMPARATIVE DISPARITY.

absolute divorce See divorce a vinculo matrimonii under DIVORCE.

absolute divorce- See divorce a vinculo matrimonii.

absolute duty See DUTY (1).

absolute duty- 1. A duty to which no corresponding right attaches. According to John Austin's legal philosophy, there are four kinds of absolute duties: (1) duties not regarding persons (such as those owed to God and to lower animals), (2) duties owed to persons indefinitely (i.e., to the community as a whole), (3) self-regarding duties (such as the duty not to commit suicide), and (4) duties owed to the sovereign. 1 John Austin, The Providence ofJurisprudence Determined 400 (Sarah Austin ed., 2d ed. 1861). 2. A duty as to which nothing but lapse of time remains necessary to make immediate performance by the promisor obligatory.

absolute estate See ESTATE (1).

absolute estate- A full and complete estate that cannot be defeated. "The epithet absolute is used to distinguish an estate extended to any given time, without any condition to defeat or collateral limitation to determine [i.e., terminate] the estate in the mean time, from an estate subject to a condition or collateral limitation. The term absolute is of the same signification with the word pure or simple, a word which expresses that the estate is not determinable by any event besides the event marked by the clause of limitation." G.c. Cheshire, Modern Law of Real Property 54 (3d ed. 1933).

absolute gift See inter vivos gift under GIFT.

absolute gift- See inter vivos gift.

absolute guaranty See GUARANTY.

absolute guaranty- 1. An unqualified promise that the principal will payor perform. 2. A guarantor's contractual promise to perform some act for the creditor - such as paying money or delivering property if the principal debtor defaults.

absolute immunity See IMMUNITY (1).

absolute immunity- A complete exemption from civil liability, usu. afforded to officials while performing particularly important functions, such as a representative enacting legislation and a judge presiding over a lawsuit. Cf. qualified immunity.