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argumentum a contrario (ahr-gyoo-men-tam ay kan-trair-ee-oh). [Latin] An argument for contrary treatment.

argumentum a simili (ahr-gyoo-men-tam ay-sim-a-li). [Latin "argument from a like case"] An argument by analogy or similarity.

argumentum ab auctoritate (ahr-gyoo-men-tamab awk-tor-a-tay-tee). [Latin] An argument from authority (of a statute or case).

argumentum ab impossibili (ahr-gyoo-men-tamab im-pah-sib-a-li). [Latin] An argument from impossibility.

argumentum ab inconvenienti (ahr-gyoo-men-tam ab in-kan-vee-nee-en-ti). (Latin] An argument from inconvenience; an argument that emphasizes the harmful consequences of failing to follow the position advocated.

argumentum ad baculum (ahr-gyoo-men-tam ad bak-ya-lam). [Latin] An argument depending on physical force to back it up.

argumentum ad captandum (ahr-gyoo-men-tam ad kap-tan-dam). [Latin] An argument appealing to the emotions of a crowd.

argumentum ad crumenam (ahr-gyoo-men-tam ad kroo-mee-nam). [fr. Latin crumena "purse"] An argument appealing to the purse (or one's desire to save money).

argumentum ad hominem (ahr-gyoo-men-tam ad ham-a-nam or- nam). [Latin "argument to the man"] An argument based on disparagement or praise of another in a way that obscures the real issue.

argumentum ad ignorantiam (ahr-gyoo-men-tamad ig-na-ran-shee-am). [Latin] An argument based on an adversary's ignorance of the matter in dispute.

argumentum ad invidiam (ahr-gyoo-men-tam ad in-vid-ee-am). [Latin] An argument appealing to one's hatreds or prejudices.

argumentum ad judicium (ahr-gyoo-men-tam ad joo-dish-ee-am). [Latin] An argument addressed to the judgment; a proof basedon knowledge or probability.

argumentum ad rem (ahr-gyoo-men-tam ad rem). [Latin] An argument on the point at issue.

argumentum ad verecundiam (ahr-gyoo-men-tam ad-var-a-kan-dee-am). [Latin] An argument appealing to the listener's modesty; an argument based on the opinions of people who are considered authorities.

argumentum baculinum (ahr-gyoo-men-tam-bak-ya-li-nam). [fr. Latin baculus "a rod or scepter"] An argument appealing to force.

argumentum ex concesso (ahr-gyoo-men-tam-eks-kan-ses-oh). [Latin] An argument based on an earlier admission by the adversary.

argumentum ex silentio (ahr-gyoo-men-tam-eks-si-lan-shee-oh). [Latin] An argument from silence i.e., based on the absence of express evidence to the contrary.

arimanni (ar-a-man-i), n. [Law Latin] Hist. A fine for not joining the army when summoned.

arise 1. To originate; to stem (from) <a federal claim arising under the U.S. Constitution>. 2. To result (from) <litigation routinely arises from such accidents>. 3. To emerge in one's consciousness; to come to one's attention <the question of appealability then arose>. 4. (Of a court) to adjourn; to suspend sitting.

arising-in jurisdiction A bankruptcy courts jurisdiction over issues relating to the administration of the bankruptcy estate, and matters that occur only in a bankruptcy case. 28 USCA §§ 157, 1334.

arising-in jurisdiction See JURISDICTION.

aristocracy 1. A privileged class of persons, esp. the hereditary nobility. 2. A government ruled by a privileged class.

aristodemocracy A government consisting of both democratic and aristocratic elements; a government in which power is divided between the nobility (or more powerful group) and the rest of the people.

Arkansas rule Secured transactions. The principle that the collateral securing a loan is presumed to be worth at least as much as the loan's balance, and that the creditor has the burden to prove that a sale of the collateral would not satisfy the loan amount. Norton v. National Bank ofCommerce, 398 S.w.2d 538 (Ark. 1966).

arm abbr. See adjustable-rate mortgage under MORTGAGE.

arm of the court An officer of the court who performs tasks or duties related to the court's functions.

arm of the sea The portion of a river or bay in which the tide ebbs and flows. It may extend as far into the interior as the water of the river is propelled backward by the tide.

arm of the state An entity created by a state and operating as an alter ego or instrumentality of the state, such as a state university or a state department of transportation. The lIth Amendment of the U.S. Constitution generally bars suits in federal court by individuals against states. The Amendment has been interpreted as protecting arms of the state as well as the state itself. Cities and local school districts have been held not to be arms of the state.

arm s-length price The price at which two unrelated, unaffiliated, and nondesperate parties would freely agree to do business. See arm s-length transaction under TRANSACTloN;fair market value under VALUE.

arma (ahr-ma), n. pl. [Latin] Roman law. 1. Arms; weapons. 2. Military service.

arma moluta (ahr-ma-ma-loo-ta), [Law Latin] Sharp weapons that cut, as contrasted with blunt instruments that bruise or break.

arma reversata (ahr-ma-ree-var-say-ta), [Law Latin] Reversed arms. This was a punishment for a felon or traitor.

armaria See ALMARIA.

armata vis (ahr-may-ta vis). See VIS ARMATA.

armed 1. Equipped with a weapon <an armed robber>. 2. Involving the use of a weapon <armed robbery>.

armed conflict 1. A state of open hostility between two nations, or between a nation and an aggressive force. A state of armed contlict may exist without a formal declaration of war by either side. 2. A military action taken under Article 42 of the United Nations Charter. - Also termed police action.

armed neutrality See NEUTRALITY.

armed peace See PEACE.

armed peace A situation in which two or more nations, while at peace, are actually armed for possible or probable hostilities.

armed robbery Robbery committed by a person carrying a dangerous weapon, regardless of whether the weapon is revealed or used.• Most states punish armed robbery as an aggravated form of robbery rather than as a separate crime.

armed robbery See ROBBERY.

armed services board of contract appeals A quasijudicial board that reviews appeals from final decisions of contracting officers involving disputes relating to contracts made by elements of the Department of Defense and designated civilian agencies . Its decisions are subject to judicial review. - Abbr. ASBCA.

armiger (ahr-ma-jar), n. [Latin fr. arma "arms" + gerere "to bear"] Hist. 1. One who bears arms; an armorbearer; an esquire. 2. A servant who carried the armor of a knight. 3. A tenant by scutage; a valet.

arm-in-arm adj. (2000) Of, relating to, or involving a transaction between parties whose personal interests are involved. Cf. ARM'S-LENGTH.

armiscara (ahr-ma-skair-a), n. [Law Latin] Hist. 1. A punishment consisting of carrying a saddle on one's back as a sign of subjection. 2. A fine.

armistice See TRUCE.

arms control A policy of minimizing instabilities in the military field by lessening the possibility of the outbreak of war while reducing in number a country's weapons of mass destruction. Cf. DISARMAMENT.

arms right to bear See RIGHT TO BEAR ARMS.

arms, law of 1. Rules concerning conditions of war, such as the treatment of prisoners. 2. The law relating to the right to bear arms. 3. The law relating to armorial bearings, i.e., coats of arms granted by the College of Heralds in England, Lord Lyon King of Arms in Scotland, and corresponding officers in some other countries.

arm's-length adj. Of or relating to dealings between two parties who are not related or not on close terms and who are presumed to have roughly equal bargaining power; not involving a confidential relationship <an arm's-length transaction does not create fidUciary duties between the parties>. Cf. ARM-IN-ARM.

arm's-length price See PRICE.

arm's-length transaction See TRANSACTION.

army 1. A military force, esp. of ground troops. 2. Any substantial group ofindividuals armed for combat. 3. A vast, organized group.

arra (ar-a), n. [Latin "earnest, deposit"] Roman & civil law. Earnest money; money given as evidence of acom pleted bargain. See DENARIUS DEL Cf. GOD'S PENNY. Also spelled arrha. PI. arrae.

arraignment The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea. Fed. R. Crim. P. 10. Cf. PRELIMINARY HEARING; initial appearance under APPEARANCE. ~- arraign, vb.

arrangement in order of breadth The placement of claims in a patent application in order of scope so that the first claim in the application or patent is the broadest and later claims are progressively narrower.

arrangement with creditors Bankruptcy. A debtor's agreement with creditors for the settlement, satisfaction, or extension of time for payment of debts. See BANKRUPTCY PLAN.

arrangements committee See COMMITTEE.

arrangements committee- A committee charged with organizing the physical space in which a deliberative assembly meets.

arranger for disposal Envirollmentallaw. An entity that owns or possesses hazardous substances, and either disposes of them or has an obligation to control them. An arranger for disposal can be held liable for environmental cleanup costs under CERCLA.

array 1. A panel of potential jurors; VENIRE (1) <the array of mostly wealthy professionals seemed to favor the corporate defendant>. 2. The jurors actually empaneled <the array hearing the case consisted of seven women and five men>. 3. A list or roster of empaneled jurors <the plaintiff obtained a copy of the array to help prepare for voir dire>. 4. Order; arrangement <the array of jurors from oldest to youngest>. 5. A militia <the array organized antigovernment rallies>. 6. A series of statistics or a group of elements <a mathematical array>.

array- 1. To empanel a jury for trial. 2. To call out the names of jurors, one by one, as they are empaneled.

arrear n. (usu. pl.) 1. The state of being behind in the payment of a debt or the discharge of an obligation <the creditor filed a lawsuit against the debtor who was in arrears>. Also termed arrearage. 2. An unpaid or overdue debt <the creditor reached an agreement with the debtor on settling the arrears>. 3. An unfinished duty <the arrears of work have accumulated>. See IN ARREARS.

arrearage 1. See ARREAR (1). 2. An unpaid dividend from a past period that is due to a holder of preferred stock. See cumulative dividend under DIVIDEND.

arrent (a-rent), vb. Hist. To let at a fixed rent; specif., to give royal permission to enclose (a portion of public land) in exchange for annual rent.

arrest 1. A seizure or forcible restraint. 2. 1he taking or keeping of a person in custody by legal authority, esp. in response to a criminal charge; specif., the apprehension of someone for the purpose of securing the administration of the law, esp. of bringing that person before a court.] arrest, vb. "The question of what constitutes an arrest is a difficult one. On one end of the spectrum, it seems apparent that detention accompanied by handcuffing, drawn guns, or words to the effect that one is under arrest qualifies as an 'arrest' and thus requires probable cause. At the other end, a simple questioning on the street will often not rise to the level of an arrest. Somewhere in between lie investigative detentions at the stationhouse ...." Charles H. Whitebread, Criminal Procedure § 3.02, at 61 (1980).

arrest by warrant See lawful arrest under ARREST.

arrest by warrant- See lawful arrest under ARREST.

arrest in execution See arrest on final process.

arrest in- execution See arrest on final process under ARREST.

arrest in quarters Military law. A nonjudicial punishment that can be given to officers and warrant officers only by a general, a flag officer in command, or an officer exercising general court-martial jurisdiction. See BREACH OF ARREST.

arrest in quarters- See ARREST.

arrest of inquest A plea that a matter proposed for inquiry has already been investigated and should therefore not be reexamined.

arrest of judgment The staying ofa judgment after its entry; esp., a court's refusal to render or enforce a judgment because of a defect apparent from the record. At common law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleadings or when the case alleged in the pleadings is legally insufficient. Today, this type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded. Also termed allocutus. "An arrest of judgment [under common lawl was the techni· cal term describing the act of a trial judge refusing to enter judgment on the verdict because of an error appearing on the face of the record that rendered the judgment invalid." United States V. Sisson, 399 U.S. 267, 280-81,90 S.Ct. 2117, 2125 (1970).

arrest on final process Hist. Arrest in a civil case after the conclusion of a trial. Also termed arrest in execution.

arrest on final- process See ARREST.

arrest on mesne process (meen). Hist. Arrest in a civil case before trial takes place.

arrest on mesne process- See ARREST.

arrest record 1. A form completed by a police officer when a person is arrested. 2. A cumulative list of the instances when a person has been arrested. Also termed police blotter; (in sense 2) bench blotter; blotter; log.

arrest warrant See WARRANT (1).

arrest with out a warrant See warralltless arrest under ARREST.

arrestable offense See OFFENSE (1).

arrestable offense An offense for which the punishment is fixed by law or for which a statute authorizes imprisonment for five years, or an attempt to commit such an offense. This statutory category, created in 1967, abolished the traditional distinction between felonies and misdemeanors. Also spelled (esp. in BrE) arrestable offence.

arrestandis bonis ne dissipentur See DE ARRESTANDIS BONIS NE DISSIPENTUR.

arrestando ipsum qui pecuniam recepit See DE ARRESTANDO IPSUM QUI PECUNIAM RECEPIT.

arrestatio (ar-a-stay-shee-oh), n. [Law Latin) Hist. An arrest.

arrestee 1. A person who has been taken into custody by legal authority; a person who has been arrested. 2. Scots law. One who holds property attached by arrestment.

arrester One who arrests. Also spelled arrestor.

arrestment 1. The arrest of a person or of personal effects. 2. Scots law. The taking or attachment of property belonging to another person but in the possession of a third party, either to obtain security or to found jurisdiction. The process of attachment is similar to garnishment: the property holder is ordered to withhold the property from the debtor. The court may order that the property be transferred to the creditor.

arrestment in execution Post judgment arrestment to preserve property on which to collect the judgment.

arrestment in security See arrestment on the dependence.

arrestment on the dependence Prejudgment arrestment to secure payment of a judgment against a debtor who is likely to leave the country to escape the creditor. The arrestment may be ordered even though the creditor has not begun an action on the debt or an action is still pending. - Also termed arrestment in security.

arrestment to found jurisdiction Arrestment for the purpose of conferring legitimate legal authority on a court, esp. when the debtor is a foreigner who is not present in and does not own land in a given place. 3. The action of checking or stopping something.

arresto facto super bonis mercatorum alienigenorum (a-res-toh fak-toh s[y]oo-par boh-nis mar-ka-tor-am ay-Iee-ee-ni-ja-nor-am or al-ee-). [Latin "seizure of the goods of foreign merchants"] Hist. A writ to seize the goods of an alien, taken in recompense ofgoods taken from an English subject living abroad.

arrestum jurisdictionis fundandae causa (a-res-tam juur-is-dik-shee-oh-nis fun-dan-dee kaw-za). [Law Latin "an arrestment for the purpose of founding jurisdiction"] Scots law. An arrestment to bring a foreigner under the jurisdiction of Scottish courts. This type of arrestment originated in Dutch law. See JURISDICTIONIS FUNDANDAE.

arret (ah-ret or -ray). [French] Civil law. 1. A judgment, sentence, or decree of a court with competent jurisdiction. 2. A sovereign's decree. PI. arrets.

arret de reglement (a-re da re-gla-mahn), n. [French]. Hist. Civil law. A decision issued by Parliament to establish a rule of procedure, civil law, or custom.

arretted (a-rat-id), adj. [Law French) (Of an accused) brought before a judge and charged with a crime.

arrha (ar-a). See ARRA.

arrha sponsalitia (ar-ee spon-sa-lish-ee-a). [Latin] Roman law. A payment made to guarantee fulfillment of a promise to marry.