Law Dictionary
	Search:

appellate review Examination of a lower courts decision by a higher court, which can affirm, reverse, modify, or vacate the decision.

appellate rules A body of rules governing appeals from lower courts.

Appellate Term Appellate Term. A division of the New York Supreme Court established to hear both appeals from decisions of the civil and criminal courts of New York City and appeals from district courts, town courts, and other lower courts . The Appellate Term's decisions are often unpublished but are binding authority on the lower courts.

appellatio (ap-a-lay-shee-oh), n. [Latin]. Roman law. An appeal from a lower court. PI. appellationes (ap-a-lay-shee-oh-neez).

appellation of origin Trademarks. Representation of a product's geographic origin by use of a mark - such as symbol, word, phrase, or graphic element such as a map - whose use is regulated to ensure that the products so marked reflect some well-known feature peculiar to the region . This term usu. applies to a product whose quality or some characteristic feature has been gained by natural means, such as by the nature of the local climate or soil, or by the nature of the way it is made, such as by local customs of production. For example,the appellation burgundy can be used only for wines made from certain types of varietal grapes from particular regions of France.

appellator (ap-a-lay-tar), n. [Latin]. Roman & civil law. An appellant.

appellee (ap-a-lee), A party against whom an appeal is taken and whose role is to respond to that appeal, usu. seeking affirmance of the lower court's decision. See RESPONDENT. Cf. APPELLANT.

appello (a-pal-oh), vb. [Latin] Roman law. I appeal. This was the form of making an appeal apud acta (in the presence. of the judge).

appellor (a-pal-or or ap-a-Ior), English law. A person who formally accuses another of a crime, challenges a jury, or informs against an accomplice.

appellum de felonia See APPEAL OF FELONY.

appendant (a-pan-dant), Attached or belonging to property as an additional but subsidiary right. appendant, n.

appendant claim See dependent claim.

appendant claim See dependent claim under PATENT CLAIM.

appendant easement See easement appurtenant under EASEMENT.

appendant easement- See easement appurtenant.

appendant power (a-pen-dant). 1. A power that gives the donee a right to appoint estates that attach to the donee s own interest. 2. A power held by a donee who owns the property interest in the assets subject to the power, and whose interest can be divested bv the exercise of the power. The appendant power is generally viewed as adding nothing to the ownership and thus is not now generally recognized as a true power. Also termed power appendant; power appurtenant.

appendant power See POWER (5).

appenditia (ap-en-dish-ee-a), n. [Law Latin]. Hist. The appendages or appurtenances of an estate.

appendix 1. A supplementary document attached to the end of a writing <the brief includes an appendix of exhibits>. For the requirements of an appendix to a federal appellate brief, see Fed. R. App. P. 30.2. English law. A volume that contains material documents and other evidence presented in a lower court. The volume is used by the House of Lords or Privy Council when functioning as an appellate tribunal. PI. appendixes, appendices.

appensura (ap-en-s[y]oor-a), n. [fr. Latin appendere "to weigh out"]. Hist. The payment of money by weight rather than by count.

applicable exclusion amount The dollar value of an estate that is exempt from federal estate and gift taxes. See unified estate and gift-tax credit under TAX CREDIT.

applicable exclusion credit See unified estate-and-gift tax credit under TAX CREDIT.

applicando singula singulis (ap-li-kan-doh sing-gya-la sing-gya-lis). [Law Latin) Hist. By applying each to each; to apply each condition to. The phrase was used in deed constructions.

applicant 1. One who requests something; a petitioner, such as a person who applies for letters of administration. 2. ACCOUNT PARTY.

application 1. A request or petition. See copyright APPLICATION; PATENT APPLICATION; TRADEMARK APPLICATION. 2. MOTION. ex parte application. See ex parte motion under MOTION (1).

Application Division Patents. The part of the U.S. Patent and Trademark Office that is responsible for accepting patent applications, assigning them serial numbers, checking them for completeness and formalities, placing them in file wrappers, and assigning them to an appropriate art group based on the invention's class and subclass of technology.

application for a reissue patent An application by a patentee to change the scope of a patent that has already been issued, or to correct clerical or technological errors in the issued patent. The scope of the claims can be broadened only if the application is made within two years of the date the patent was issued. See reissue patent under PATENT (3). Cfcertificate ofcorrection.

application for a reissue patent See PATENT APPLICATION.

application for leave to appeal A motion asking an appellate court to hear a party's appeal from a judgment when the party has no appeal by right or when the party's time limit for an appeal by right has expired. The reviewing court has discretion whether to grant or reject such a motion.

application for transfer In some jurisdictions, a request to a state's highest court to hear an appeal from an intermediate court of appeal. The appeal is heard as though it had been appealed to the highest court originally. The court may typically ignore the intermediate court's decision and may consider an error that was not raised in the intermediate court.

application number Patents & Trademarks. The eightdigit sequential number assigned by the U.S. Patent and Trademark Office to a patent or trademark application . Applications are typically referred to by an application number, which consists ofa two-digit series code, a slash, and a six-digit serial number. References to patent applications also include the filing date <application no. 08/944,183, filed September 20, 1978>. Also termed serial number.

application service provider A business that hosts software on its computers and gives subscribers access as needed. The subscriber does not need to purchase a license to use the software before the proVider sends it to the subscriber's computer, usu. over the Internet or a private electronic network. - Abbr. ASP.

applied cost See COST (1).

applied cost- A cost appropriated to a project before it has been incurred.

applied-art doctrine The rule that a pictorial, graphic, or sculptural work that has an inherent use apart fromits appearance, and is also an expressive work apart from its utility, may qualify for copyright protection. Examples have included bookends, lamps, and sundials. In contrast to applied art, industrial designs are not copyrightable, although they may be protected by design patents instead. Also termed useful-article doctrine.

apply 1. To make a formal request or motion <apply for a loan> <apply for injunctive relief>. 2. To employ for a limited purpose <apply payments to a reduction in interest>. 3. To put to use with a particular subject matter <apply the law to the facts> <apply the law only to transactions in interstate commerce.

appointed counsel See assigned counsel under COUNSEL.

appointed counsel See assigned counsel.

appointee 1. One who is appointed. 2. One who receives the benefit of a power of appointment. See POWER OF APPOINTMENT.

appointive asset See ASSET.

appointive- asset An asset distributed under a power of appointment.

appointive property See PROPERTY.

appointive property A property interest that is subject to a power of appointment.

appointment 1.The designation of a person, such as a nonelected public official, for a job or duty; esp., the naming of someone to a nonelected public office <Article II of the U.S. Constitution grants the President the power of appointment for principal federal officials, subject to senatorial consent.

Appointments Clause The clause of the U.S. Constitution giving the President the power to nominate federal judges and various other officials. U.S. Const. art. II, § 2.

apport (a--port), [Law French]. Hist. A tax, expense, tribute, or payment.

apportionment 1. Division into proportionate shares; esp., the division of rights and liabilities between two or more persons or entities. 2. Tax. The act of allocating or attributing moneys or expenses in a given way, as when a taxpayerallocates part of profits to a particular tax year or part of the use of a personal asset to a business. Distribution of legislative seats among districts; esp., the allocation of congressional representatives among the states based on population, as required by the 14th Amendment. The claim that a state is denying the right of representation to its citizens through improper apportionment presents a justiciable issue. Also termed legislative apportionment. See REAPPORTIONMENT. The division (by statute or by the testator's instruction) of an estatetax liability among persons interested in an estate. apportion, vb.

apportionment clause Insurance. A policy provision that distributes insurance proceeds in proportion to the total coverage.

apportionment of liability The parceling out of liability for an injury among multiple tortfeasors, and possibly the plaintiff as well. Apportionment of liability encompasses such legal doctrines as joint and several liability, comparative responsibility, indemnity, and settlements. See Restatement (Third) of Torts: Apportionment of Liability (1999).

apportionment rule Oil & gas. The minority doctrine that royalties accrued under an oil-and-gas lease on land that is subdivided during the lease term must be shared by the landowners in proportion to their interests in the land. For example, if Grey granted a lease to Simms, then sold one-half of the land to Metcalfe, Simms and Metcalfe would each be entitled to one-half of any royalty from the land, no matter where the producing well is located. Only California, Mississippi, and Pennsylvania follow this rule. Cf. NONAPPORTIONMENT RULE.

apportum (a-por-tam),[Law Latin]. Hist. The revenue, profit, or emolument that something brings to its owner. This was often used in reference to a pension.

appose (a-pohz), 1. To interrogate, esp. with difficult questions. 2. To confront (someone) with objections to something. 3. To examine the books and accounts of; audit.

apposer (a-pohz-ar). 1. A questioner; interrogator. 2. An Exchequer officer who examined sheriffs' accounts; specif., an officer responsible for examining the sheriff's estreat (book of fines), comparing the entries with those in court records, and apposing (interrogating) the sheriff on each sum in the estreat. This office was abolished in England in 1833. Also termed foreign apposer.

apposite (ap-a-zit), adj. Suitable; appropriate.

appraisal 1. The determination of what constitutes a fair price; valuation; estimation of worth. 2. TIle report of such a determination. Also termed appraisement. Cf. ASSESSMENT (3). appraise, vb.

appraisal clause An insurance-policy provision allowing either the insurer or the insured to demand an independent estimation of a claimed loss.

appraisal remedy The statutory right of corporate shareholders who oppose some extraordinary corporate action (such as a merger) to have their shares judicially appraised and to demand that the corporation buy back their shares at the appraised value. Also termed appraisal right; dissenters' right; right of dissent and appraisal.

appraisal trinity The three most commonly accepted methods of appraising real property: the market approach, the cost approach, and the income approach. See MARKET APPROACH; COST APPROACH; INCOME APPROACH.

appraisement 1. APPRAISAL. 2. An ADR method used for resolving the amount or extent of liability on a contract when the issue of liability itself is not in dispute. Unlike arbitration, appraisement is not a quasi-judicial proceeding but instead an informal determination of the amount owed on a contract.

appraiser An impartial person who estimates the value of something, such as real estate, jewelry, or rare books. Also termed valuer.

appreciable Capable of being measured or perceived.

appreciate 1. To understand the Significance or meaning of. 2. To increase in value.

appreciation An increase in an asset's value, usu. because of intlation. Cf. DEPRECIATION. appreciate, vb. appreciable, adj.

appreciation surplus See revaluation surplus under SURPLUS.

appreciation surplus See revaluation surplus.

appreciation test Criminal law. A test for the insanity defense requiring proof by clear and convincing evidence that at the time of the crime, the defendant suffered from a severe mental disease or defect preventing him or her from appreciating the wrongfulness of the conduct. This test, along with the accompanying plea of not guilty by reason of insanity, was established by the Insanity Defense Reform Act of 1984.18 USCA § 17. Also termed Insanity Defense Reform Act of1984 test. See INSANITY DEFENSE.

apprehensio (ap-ri-hen-see-oh). [Latin]. 1. APPREHENSION (1). 2. Civil law. Seizure; a procedure for acquiring something that belongs to no one. It is a type of occupatio.

apprehension 1. Seizure in the name of the law; arrest <apprehension of a criminal>. 2. Perception; comprehension; belief <the tort of assault requires apprehension by the plaintiff of imminent contact>. 3. Fear; anxiety <most people approach public speaking with some apprehension>. apprehend, vb.

apprentice 1. Hist. A person bound by an indenture to work for an employer for a specified period to learn a craft, trade, or profession. "Apprentices, in the strict legal sense, are servants. usually but not necessari Iy infants, who agree to serve their masters with a view to learning some trade or business, and whose masters on their part agree to instruct them. The contract is usually for a term of years and is normally embodied in a deed, in which case the apprentice is said to be bound by an indenture of apprenticeship. It is customary for the father of the apprentice (or some person standing in loco parentis), as well as the apprentice himself to execute the deed or other instrument, and thus become liable for the due observance by the apprentice of his obligations thereunder. When an apprentice deliberately misconducts himself in such a way that, in the case of any other servant, his behaviour would amount to a repudia· tion of the agreement, and thereupon the master decides to accept the repudiation and dismisses him, the apprentice's repudiation is not effective, and the contract is not terminated, unless the Court find that such a course would be for the infant's benefit. Otherwise the infant could do indirectly what he could not do directly - namely, bring about a rescission of the contract." 2 Stephen's Commentar· ies on the Laws of England 133-34 (L. Crispin Warmington ed., 21 st ed. 1950). 2.A learner in any field ofemployment or business, esp. one who learns by hands-on experience or technical on-the-job training by one experienced in the field.

apprentice of the law 1. A law student. 2. A barrister of junior status. Also termed apprentice en la ley; apprenticius ad legem.

apprenticius ad legem (a-pren-tish-ee-as ad lee-jam). [Law Latin]. APPRENTICE Of THE LAW.

apprize To appraise; to assign a value to.

approach right of. See RIGHT OF APPROACH.

appropriated retained earnings See EARNINGS.

appropriated retained earnings- Retained earnings that a company's board deSignates for a distinct use, and that are therefore unavailable to pay dividends or for other uses. Also termed appropriated surplus; surplus revenue; suspense reserve.

appropriated surplus 1. The portion of surplus earmarked for a specific purpose. Also termed reserved surplus. 2. See appropriated retained earnings under EARNINGS.

appropriated surplus See SURPLUS.

appropriation 1. The exercise of control over property; a taking of possession. Cf. EXPROPRIATION (1); MISAPPROPRIATION (1). 2. A legislative body's act of setting aside a sum of money for a public purpose. If the sum is earmarked for a precise or limited purpose, it is sometimes called a specific appropriation. 3. The sum of money sovoted. 4. Torts. An invasion of privacy whereby one person takes the name or likeness of another for commercial gain. 5. The transfer of a benefice, together with all its interests, to a spiritual corporation. Seespiritual corporation under CORPORATro". Cf. IMPROPRIATION. 6. The benefice so transferred. appropriate, vb. appropriable, adj. appropriator,

appropriations bill See BILL (3).

appropriations bill- A bill that authorizes gov-ernmental expenditures. _ The federal government cannot spend money unless Congress has appropri-ated the funds. u.s. Canst. art. I, § 9, cl. 7. - Also termed spending bill. See APPROPRIATION (2), (3).

appropriator The corporate possessor ofan appropriated benefice that is, a benefice that has been perpetually annexed to a spiritual corporation, often a monastic house.

approval sale See sale on approval under SALE.

approval sale See sale on approval.

approve 1. To give formal sanction to; to confirm authoritatively. 2. Parliamentary law. To adopt. See ADOPTION (5). approval, n.

approved drug products with therapeutic equivalence evaluation See ORANGE BOOK.

approved indorsed note See NOTE (1).

approved list See LEGAL LIST.

approvement 1. English law. The right of an owner of common lands to enclose them partially and receive income arising from them. This right - originally granted by the Statute of Merton (1235) is still available, but a landowner seeking to approve land must receive the government's consent to do so. 2. Hist. The act of avoiding a capital conviction by accusing an accomplice; turning king's evidence.

approver (a-proo-var), 1. One who offers proof; esp., a criminal who confesses and testifies against one ormore accomplices. See relative confession under CONFESSION. Cf. ANTITHETARIUS. 2. An agent or bailiff; esp., one who manages a farm or estate for another.

approximation, doctrine of See DOCTRINE OF APPROXIMATION.

appruare (ap-roo-air-ee), vb. [Law Latin]. Hist. To obtain a benefit from land by making improvements.

appurtenance (a-part-[a-]nants), Something that belongs or is attached to something else <the garden is an appurtenance to the land. "The word 'appurtenances' which in former times at least was generally employed in deeds and leases is derived from the word apparenrir which is Norman French and means to belong to. Speaking broadly, the word means anything corporeal or incorporeal which is an incident of, and belongs to some other thing as principal. At a time when the construction of conveyances was of a more technical character than it is at present the word was con· sidered of much greater importance than it is now and it was considered that in its absence from a lease or other conveyance a very restricted meaning should attach to the words of the description of the premises conveyed." 1 H.C. Underhill, A Treatise on the Law of Landlord and Tenant § 291, at 442-43 (1909).

appurtenant Annexed to a more important thing. Also termed (in Scots law) part and pertinent.

appurtenant easement See easement appurtenant under EASEMENT.

apr See annual percentage rate under INTEREST RATE.

aps 1. ADULT PROTECTIVE SERVICES. 2. AUTOMATED PATENT SYSTEM.

apud acta (ap-ad ak-ta). [Latin]. Roman & civil law. Among the acts; among the judicial proceedings recorded in writing. This phrase refers to appeals taken orally in the presence of the judge.

apud judicem See IN JUDICIO.

apv See adjusted present value under PRESENT VALUE.

aqua (ak-wa), n. [Latin] Roman law. 1. Water. 2. A watercourse. PI. aquae (ak-wee).