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aqua aestiva (ak-wa-as-ti-va). Summer water; water used only in the summer.

aqua currens (ak-wa kar-enz). See aqua profluens.

aqua dulcis (ak-wa-dal-sis). Fresh water. Also termed aqua frisca.

aqua fontanea (ak-wa fon-tay-nee-a). Springwater.

aqua fontanea- See AQUA.

aqua frisca See aqua dulcis under AQUA.

aqua profluens (ak-wa prof-loo-enz). Flowing or running water. Also termed aqua currens.

aqua projluens See AQUA.

aqua quotidiana (ak-wa kwoh-tid-ee-ay-na). Daily water; water that can be drawn at all times of the year. Also spelled aqua cottidiane.

aqua quotidiana. See AQUA.

aqua salsa (ak-wa sal-sa). Salt water.

aqua- salsa See AQUA.

aquae ferventis judicium [Latin] Eccles. law. See ordeal by water (2) under ORDEAL.

aquae frigidae judicium 1. Eccles. law. See ordeal by water (1) under ORDEAL.

aquae immittendae (ak-wee im-a-tan-dee). [Latin "waters to be discharged"]. A servitude consisting in the right of one whose house is surrounded by other buildings to discharge waste water on the neighboring roofs or yards. This is similar to common-law drip rights. - Also termed stillicidium. Cf. servitus stillicidii under SERVITUS; DRIPRIGHTS.

aquaeductus (ak-wee-dak-tas), [Latin "conveying of water"] See servitus aquae ducendae under SERVITUS.

aquaehaustus (ak-wee-haws-tas), [Latin "drawing of water"] A servitude granting the right to draw water from a well, pool, spring, or stream on another's land. - Also termed jus aquaehaustus; servitus aquaehaustus; servitus aquae hauriendae.

aquafrisca (ak-wa-firs-ka). See aqua dulds.

aquagium (a-kway-jee-am), [Law Latin]. Hist. 1. A canal for draining water, esp. from marshy land. 2. A payment for supplying water to a mill or carrying goods bywater. .

aquatic right See WATER RIGHT.

Aquilian law See LEX AQL'ILIA.

arabant (a-ray-bant). [Latin]. They plowed. This term was applied to those who held by the tenure of plowing and tilling the lord's lands within the manor.

arable land (ar-a-bal). Land fit for cultivation. Formerly also termed araturia; aralia; aratia.

arable land See LAND.

aralia (a-ray-lee-a), n. See arable land under LAND.

aratia (a-ray-shee-a), n. See arable land under LAND.

arator (a-ray-tar), n. [Law Latin] Hist. A farmer of arable land.

aratrum terrae (a-ray-tram ter-ee), n. [Law Latin]. Hist. The amount of land that can be plowed with a single plow; plowland.

araturia (ar-a-t[y]oor-ee-a), n. [Law Latin]. See arable land under LAND.

arb abbr. ACCOUNTING RESEARCH BULLETIN.

arbiter (ahr-ba-tar). One with the power to decide disputes, such as a judge <the Supreme Court is the final arbiter oflegal disputes in the United States>. Cf. ARBITRATOR.

arbitrage (ahr-ba-trahzh), The simultaneous buying and selling of identical securities in different markets, with the hope of profiting from the price difference between those markets. Also termed space arbitrage. : Securities arbitrager (ahr-ba-trazhr-ar), arbitrageur (ahr-ba-trah-zhar).

arbitrage bond See BOND (3).

arbitrage bond, A municipal bond, the proceeds of which are invested in bonds paying a higher yield than that paid by the municipality on its own bonds. Under the Internal Revenue Code, the tax-free aspect of municipal-bond income may be lost if the bonds are classified as arbitrage bonds. See ARBI-TRAGE.

arbitrament (ahr-bi-tra-mant). 1. The power to decide for oneself or others; the power to decide finally and absolutely. 2. The act of deciding or settling a dispute that has been referred to arbitration. 3. AWARD. Also spelled (archaically) arbitrement.

arbitrament and award A plea that the same matter has already been decided in arbitration.

arbitrary 1. Depending on individual discretion; specif., determined by a judge rather than by fixed rules, procedures, or law. 2. (Of a judicial decision) founded on prejudice or preference rather than on reason or fact. This type of decision is often termed arbitrary and capricious. Cf. CAPRICIOUS.

arbitrary mark See arbitrary trademark under TRADEMARK.

arbitrary name See arbitrary trademark under TRADEMARK.

arbitrary trademark See TRADEMARK.

arbitration A method of dispute resolution involving one or more neutral third parties who are usu. agreed to by the disputing parties and whose decision is binding. Also termed (redundantly) binding arbitration. Cf. MEDIATION (1). arbitrate, vb. arbitral, adj.

arbitration act A federal or state statute providing for the submission of disputes to arbitration.

arbitration and award An affirmative defense asserting that the subject matter of the action has already been settled in arbitration.

arbitration bond A performance bond executed by the parties in an arbitration. See PERFORMANCE BOND (1).

arbitration bond- See ARBITRATION BOND.

arbitration clause A contractual provision mandating arbitration and thereby avoiding litigation of disputes about the contracting parties' rights, duties, and liabilities.

arbitration hoard A panel of arbitrators appointed to hear and decide a dispute according to the rules of arbitration.

arbitration of exchange The simultaneous buying and selling of bills of exchange in different international markets, with the hope of profiting from the price difference of the currencies in those markets. See ARBITRAGE; DRAFT (1).

arbitrator A neutral person who resolves disputes between parties, esp. by means of formal arbitration. Also termed impartial chair; (in Latin) compromissarius. Cf. MEDIATOR; ARBITER.--arbita-torship,n.

arbitrement See ARBITRAMENT.

arbitrium (ahr-bi-tree-am). [Law Latin]. An award; a decision of an arbitrator.

arbor civilis (ahr-bar siv-a-lis). [Latin "civil tree"]. A genealogical tree. Also termed arbor consanguinitatis.

arbor consanguinitatis See ARBOR CIVILIS.

arbor finalis (ahr-bar-fi-nay-lis). [Latin]. Hist. A boundary tree; a tree used for marking a boundary line.

arborum furtim caesarum (ahr-bor-am far-tim-si-sair-am or-si-zair ). [Latin]. Roman law. A civil action in tort for secretly cutting down trees on another's land.

arcana imperii (ahr-kay-na-im-peer-ee-I). [Latin]. State secrets.

arcarius (ahr-kair-ee-as). [Latin]. Hist. A treasurer; a keeper of public money.

Archaionomia (ahr-kee-a-noh-mee-a). A Latin translation of Saxon laws, published in 1568 by William Lambarde.

archbishop Eccles. law. A church officer who has authority over all ecclesiastical matters within a province. Within the Church of England, the Archbishop of Canterbury is superior in rank to but does not control the Archbishop of York, who has supreme authority in the province of York. Both are appointed for life by land's monarch (as head of the Church ofEngland), on the advice of the Prime Minister, and are members of the House of Lords.

archbishopric Eccles. law. An archbishop's jurisdiction or province.

archdeaconry 1. An archdeacon's jurisdiction. 2. The office or rank of an archdeacon.

archdeacon's court See COURT OF ARCHDEACON.

archdeacon's Court See COURT OF ARCHDEACON.

Archdiaconal Court See COURT OF ARCHDEACON.

arches court of canterbury See COURT OF ARCHES.

archicapellanus (ahr-kee-kap-a-Iay-nas). [Law Latin]. Hist. A chief or high chancellor.

Architect of the Capitol The officer in the legislative branch of the federal government responsible for maintaining the buildings and grounds of the U.S. Capitol, the Supreme Court, and the Library of Congress. The Architect also plans and supervises new building construction. The office was established in 1876. 2 USC A §§ 1801, 1811

architect's lien See LIEN

architectural review See DESIGN REVIEW.

architectural work See WORK (2).

archival copy A copy of an original piece of software, made by the consumer for backup. An owner may make archival copies of software without infringing its copyright. But if the owner transfers the original software, all archival copies must also be transferred or else destroyed. 17 USCA § 117.

archival copy- See ARCHIVAL COPY.

archive (usu. pl.) 1. A place where public, historical, or institutional records are systematically preserved. 2. Collected and preserved public, historical, or institutional papers and records. 3. Any systematic compilation of materials, esp. writings, n physical or electronic form. - archive, vb.

Archivist of the United States The federal officer in charge of the National Archives and Records Administration.

arcifinious (ahr-sa- fin-ee-as), adj. [fr. Latin arcijinius "having irregular boundaries"]. Civil law. 1. (Of a landed estate) having natural boundaries such as woods, mountains, or rivers. 2. (Of a country) having a frontier that forms a natural defense.

arcta et salva custodia (ahrk-ta et sal-va ka-stoh-dee-a). [Law Latin]. Hist. In close and safe custody .o A defendant arrested under the writ of capias ad satisfaciendum was said to be kept arcta et salva custodia.

ardour [Law French]. Hist. An arsonist.

area bargaining Negotiation of collective-bargaining agreements by a union with several employers in a particular geographic area.

area variance See VARIANCE (2).

area-rate clause Oil & gas. A price-escalation provision in a long-term gas contract permitting an automatic increase in the contract price if any regulatory agency prescribes or allows a higher price on gas sold in the area. Also termed FPC clause.

area-standards picketing The practice that a union undertakes to protect its members in a particular region by picketing employers that may undercut the market through the potentially lower labor costs of a nonunion workforce.

Areeda-Turner test Antitrust. An economic test for predatory pricing whereby a price below average variable cost is presumed to be predatory and therefore illegal. This test is widely accepted by federal courts. Its name derives from the coauthors ofan influentiallaw-reviewarticle: Phillip Areeda & Donald F. Turner, Predatory Pricing and Practices Under Section 2 ofthe Sherman Act, 88 Harv. L. Rev. 692 (1975). They reformulated their test in 3 Phillip Areeda & Donald F. Turner, Antitrust Law ~~ 7l0-722 (1978). See PREDATORY PRICING.

arentare (ar-an-tair-ee). [Law Latin]. To rent out; to let out at a certain rent.

arere (a-reer), adj. [Law French]. Behind in payment (as of rent); in arrears. See ARREAR (1).

argentarius (ahr-jan-tair-ee-as), n. [Latin]. Roman law. A moneylender; a banker.

argentarius miles (ahr-jan-tair-ee-as mi-leez), n. [Law Latin]. Hist. A money porter who carries money from the lower to the upper Exchequer to be examined and tested.

argentum (ahr-jen-tam), n. [Latin]. Silver; esp., silver coinage.

argentum dei (ahr-jen-tam dee-i), n. [Law Latin). See DENARIUS DEI.

argo abbr. ARGUENDO (2).

arguendo (ahr-gyoo-en-doh). [Latin "in arguing"]. 1. For the sake of argument <assuming arguendo that discovery procedures were correctly followed, the court still cannot grant the defendant's motion to dismiss>. 2. During the course of argument <counsel mentioned arguendo that the case has been followed in three other decisions>. - Abbr. argo

arguer One who makes an oral argument; esp., an attorney, often one of several attorneys representing the same client, who presents an oral argument in court.

argument 1. A statement that attempts to persuade; esp., the remarks of counsel in analyzing and pointing out or repudiating a desired inference, for the assistance of a decision-maker. 2. The act or process of attempting to persuade. See ORAL ARGUMENT; CLOSING ARGUMENT. "[W]e may define ... an argument as a course of reasoning which firmly establishes a matter about which there is some doubt." Cicero, De Inventione; De Optimo Genere Oratorum; Topica 387 (H.M. Hubbell trans. 1949) (repr. 2006).

argumentative 1. Of or relating to argument or persuasion <an argumentative tone of voice>. 2. Expressing not only facts, but also inferences and conclusions drawn from facts <the judge sustained the prosecutor's objection to the argumentative question>.

argumentative instruction An instruction that assumes facts not in evidence, that Singles out or unduly emphasizes a particular issue, theory, or defense, or that otherwise invades the jury"s province regarding the weight, probative value, or sufficiency of the evidence.

argumentative pleading A pleading that states allegations rather than facts, and thus forces the court to infer or hunt for supporting facts. Conclusory statements in court papers are a form of argumentative pleading. Also termed inferential pleading.

argumentative pleading See PLEADING (1).

argumentative question A question in which the examiner interposes a viewpoint under the guise of asking a question.This is considered an abuse of interrogation.

argumentum (ahr-gyoo-men-tam), n. [Latin] An argument. PI. argumenta.

argumentum ad misericordiam (ahr-gyoo-men-tam ad-miz-a-ri-kor-dee-am). [Latin] An argument appealing to pity.

argumentum ad populum (ahr-gyoo-men-tam ad-pop-ya-lam). [Latin] An argument appealing to the crowd.