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arriage and carriage (ar-ij). Hist. Indefinite services formerly demandable from tenants, but prohibited by statute in the 18th century.

arriere fee See arriere fee under FEE (2).

arriere fee- (ar-ee-air or ar-ee-ar). A fee dependent on a superior one; a subfief. - Also termed arriere fief

arriere fief See arriere fee under FEE.

arriere vassal See VASSAL.

arriere-ban (ah-ree-air-bahn or ar-ee-air-ban), n. [French] Hist. 1. A king's proclamation summoning vassals to military service. 2. The group of vassals so summoned.

arrogatio See ADROGATION.

arrogation (ar-a-gay-shan), 1. Thee act of claiming or taking something without the right to do so <some commentators argue that limited military actions unilaterally ordered by the President are an arrogation of Congress's power to declare war>. 2. Roman & civil law. The adoption of an adult; specif., the adoption of a person sui juris, as a result of which the adoptee loses independence and comes within the paternal power (patria potestas) of the adopting father.

ars AGRICULTURAL RESEARCH SERVICE.

arser in le main (ahr-say- an- Ia- man or an la- man), n. [French "burning in the hand"] Hist. A punishment of burning or branding the left thumb ofa lay offender who falsely claimed and was allowed the benefit of clergy, so that the offender would be distinguished ifhe tried to claim the benefit again. Also termed arsure en Ie main (ahr-soor awn Ia man or awn la man).

arson 1. At common law, the malicious burning of someone else's dwelling house or outhouse that is either appurtenant to the dwelling house or within the curtilage. "The thing that is burnt must be a 'house', but this word has a large meaning; already in 1220 we find the burning of a barn that was full of corn treated as a felony." 2 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward 1492 (2d ed. 1899). "The burning of one's own dwelling to collect insurance did not constitute common-law arson. It was generally assumed in early England that one had the legal right to destroy his own property in any manner he chose." Denis Binder, "Arson: Legal Aspects," in 1 Encyclopedia of Crime and Justice 80, 80 (Sanford H. Kadish ed., 1983). "At common law, arson is the wilful and malicious burning of the dwelling house of another. It may occur during the nighttime or the daytime, and it is an offense against the security of habitation or occupancy, rather than against ownership or property." 3 Charles E. Torcia, Wharton'S Criminal Law § 334. at 324-25 (15th ed. 1995). 2. L;nder modern statutes, the intentional and wrongful burning of someone else's property (as to destroy a building) or one's own property (as to fraudulently collect insurance). See Model Penal Code § 220.1(1). Also termed (in Latin) crimen incendii; (in sense 2) statutory arson. Cf. HOUSEBURNING; CRIMINAL DAMAGE TO PROPERTY. "The term 'statutory arson' is employed to designate the entire area of statutory proscription which is analogous to. but does not constitute, common-law arson. It is important to have mutually exclusive labels here not only for the reasons mentioned in the preceding section, but because some of the state statutes provide a penalty for arson without defining the word and hence adopt the common-law definition."Rollin M. perkins & Ronald N. Boyce.Criminal Law 287(3d ed.1982)

arson clause An insurance-policy provision that excludes coverage of a loss due to fire if the insured intentionally started the fire.

arsonable adj. (1902) (Of property) of such a nature as to give rise to a charge of arson if maliciously burned <only real property, and not personal property, is arson able>.

arsonist One who commits arson; INCENDIARY (1).

arsonous Of, relating to, or involving arson <an arsonous purpose>.

arsura (ahr-s[y]oor-a), n. [Law Latin] Hist. 1. The trial of money by heating it after it is coined. 2. The loss in weight from this process.

arsure en la main (ahr-soor awn lah man), n. [Law French] See ARSER IN LE MAIN.

art abbr: ASSISTED REPRODUCTIVE TECHNOLOGY.

art- 1. Creative expression, or the product ofcreative expression. 2. An occupation or business that requires skill; a craft. 3. Patents. A field of useful endeavor; the methodical application of knowledge or skill in creating something new.

art and part adj. & adv. English & Scots law. Aiding in or contributing to the commission ofa crime <the lookout was involved in the burglary on an art-and-part basis> <the baker acted art and part in the prisoner's escape by producing a cake with a file in it>. See ACCESSORY (2).

art and- part Scots law. Participation in or encouragement of a crime; criminal guilt by assisting, advising, or participating in the crime. Cf. OPE ET CONSILO. "Scots law never distinguished between degrees of participation in a crime, between what English law distinguished as accession before the fact, concomitant accession, and accession after the fact. In treason all participants were treated as principal offenders and indictments in other cases charged the accused as 'actor or art and part'. The Criminal Procedure (Scotland) Act 1887 made this an unnecessary but implied charge in all indictments." 6 David M. Walker, A Legal History of Scotland 397 (2001).

art group Patents. A collection of art units in the U.S. Patent and Trademark Office, led by a group director.

art unit Patents. A group of patent examiners in the U.S. Patent and Trademark Office specializing in a particular field of technology. Each art unit is led by a senior patent examiner.

artful pleading See PLEADING (2).

artful pleading A plaintiff s disguised phrasing of a federal claim as solely a state-law claim in order to prevent a defendant from removing the case from state court to federal court

article Generally, a particular item or thing <article of clothing>.

Article See nonjudicial punishment under PUNISHMENT.

article- 1. To bring charges against by an exhibition of articles. 2. To be an articled clerk.

article I court See legislative court.

article i court 1. See legislative court under COURT. 2. A type of federal legislative court that is not bound by the requirements of or protected under U.S. Const. art. III, § 2, and that performs functions similar to those of an administrative agency, such as issuing advisory opinions. U.S. Const. art. I, § 8. Cf. ARTICLE III COURT. "Congress also has the power, within certain limits, to create what are called ... Article I tribunals .... These Article I tribunals are really akin to administrative agencies; that is, the 'judges' do not have any constitutionally guaranteed lifetime tenure and protection from salary diminution; they are not governed by the case or controversy limitation of Article Ill. .. At the present time, Article I courts include territorial courts, certain courts in the District of Columbia, courts martial, and legislative courts and administrative agencies that adjudicate 'public rights.'" John E. Nowak & Ronald D. Rotunda, Constitutional Law 22-23 (4th ed. 1991).

Article I judge A U.S. bankruptcy judge, magistrate judge, or administrative-law judge appointed for a term of years as authorized by Congress under Article I of the U.S. Constitution. 28 USCA §§ 151 et seq., 631 et seq. 2. A federal judge temporarily appointed by the President without prior Senate approval. The appointment power derives from the recess-appointment clause, which allows the President to appoint temporary government officers while Congress is not in session. U.S. Const. art. II, § 2, cl. 3. See recess appointment under APPOINTMENT (I).

article III court A federal court that, deriving its jurisdiction from U.S. Const. art. III, § 2, hears cases arising under the Constitution and the laws and treaties of the United States, cases in which the United States is a party, and cases between the states and between citizens of different states. - Also termed constitutional court. Cf. ARTICLE I COURT.

article III court- See ARTICLE III COURT.

article III judge A U.S. Supreme Court, Court of Appeals, or District Court judge appointed for lifeunder Article III of the U.S. Constitution.

article of manufacture See MANUFACTURE.

article -of manufacture See MANUFACTURE.

article of merchandise 1. See MERCHANDISE (1). (2) See MERCHANDISE (2).

articled clerk English law. A clerk who works for a solicitor in exchange for learning the profession; a clerk bound by articles of apprenticeship.

articles of agreement A writing that records matters that the parties agreed on when forming a partnership or business or transferring real property. Unlike a contract, articles of agreement usu. contain only agreements and not express promises of performance, e.g., "the parties agree that it isn't possible to guarantee delivery within 10 days." Articles of agreement of ten supplement a contract. They may be informal or detailed.

articles of amendment A document filed to effectuate an amendment or change to a corporation's articles of incorporation.

articles of apprenticeship A contract under which a minor agrees to work for a master for a specified time in exchange for learning a trade.

articles of association 1. ARTICLES OF INCORPORATION. 2. A governing document similar to articles of incorporation that legally creates a non stock or nonprofit organization. Often shortened (informally) to articles. Also termed articles oforganization. See governing document under DOCT:MENT (1).

Articles of Confederation The instrument that governed the association of the 13 original states from March 1, 1781 until the adoption of the U.S. Constitution (September 17, 1787). They were prepared by the Continental Congress, submitted to the states in 1777, and later ratified by representatives of the states empowered by their respective legislatures for that purpose.

articles of dissolution A document that a dissolving corporation must file with the appropriate governmental agency, usu. the secretary of state, after the corporation has settled all its debts and distributed all its assets.

articles of impeachment A formal document alleging the specific charges against a public official and the reasons for removing that official from office. It is similar to an indictment in a criminal proceeding. See IMPEACHMENT (1).

articles of organization 1. See ARTICLES OF INCORPORATION. 2. See ARTICLES OF ASSOCIATION (2).

articles of partnership See PARTNERSHIP AGREEMENT.

articles of the clergy A statute enacted in 1315 to settle the jurisdictions ofthe ecclesiastical and temporal courts. Also termed Articuli CIeri.

articles of the eyre A series of questions put to the members of a community by the justices in eyre to discover what breaches of the law had occurred during the court's absence. The inquiry enabled the justices to fine criminal behavior and to raise revenue for the Crown through the levying of penalties. See EYRE. Cf. CHAPITER. - Also termed capitula itineris.

articles of the peace A sworn complaint in which a person alleges that a named person poses a threat to the complainant's person, family, or property.

articles of union The 25 articles agreed to by the English and Scottish parliaments in 1707 for the union of the two kingdoms.

articles of war 1. The rules and regulations that govern the activities of an army and navy. 2. (cap.) The body of laws and procedures that governed the U.S. military until replaced in 1951 by the Uniform Code of Military Justice.

articles ofincorporation A governing document that sets forth the basic terms of a corporation's existence, including the number and classes of shares and the purposes and duration of the corporation. In most states, the articles of incorporation are filed with the secretary of state as part of the process of forming the corporation. In some states, the articles serve as a certificate ofincorporation and are the official recognition of the corporation's existence. In other states, the government issues a certificate of incorporation after approving the articles and other required documents. Of ten shortened (informally) to articles. Also termed articles of association; articles oforganization; certificate of incorporation. Cf. BYLAW (1); CHARTER. See governing document under DOCUMENT (1).

articulated pleading See PLEADING (1).

articulated pleading A pleading that states each allegation in a separately numbered paragraph.

articuli (ahr-tik-ya-li), n. [Latin] Articles; items. This term was applied to several English statutes and treatises.

articuli cieri (ahr-tik-ya-li kleer-i). [Law Latin] See ARTICLES OF THE CLERGY.

articuli magnae chartae (ahr-tik-ya-li mag-nee kahr-tee), n. [Latin] Hist. The 49 preliminary articles on which Magna Carta was founded.

articuli super cartas (ahr-tik-ya-li-s[y]oo-par kahr-tas). [Law Latin "articles upon the charters"] Hist. A statute passed in 1300 to confirm and enlarge many particulars of Magna Carta and the Forest Charter.

articulo mortis See IN ARTICULO MORTIS.

artifice (ahr-ta-fis). A clever plan or idea, esp. one intended to deceive.

artificer 1. A skilled worker, such as a mechanic or craftsman; an artisan. 2. One who builds or contrives; an inventor.

artificial 1. Existing only by virtue of or in can sid eration of the law <artificial presumption >. This term is often used in reference to a company or a corporation. See artificial person under PERSON (3). 2. Made Of produced by a human or human intervention rather than by nature <artificial condition>. 3. Of or relating to artifice <an artificial demeanor>.

artificial condition See CONDITION (5).

artificial condition- A physical characteristic of real property, brought about by a person's affirmative act instead of by natural forces.

artificial day See DAY.

artificial day- The period from the rising to the setting of the sun. - Also termed solar day; civil day; dies solaris.

artificial force Patents. A natural force that is so transformed in character or energies by human power as to become something new.

artificial insemination Family law. A process for achieving conception, whereby semen is inserted into a woman's vagina by some means other than intercourse. If the woman is married when the artificial insemination and the birth occur, and her husband has consented to the insemination, and the insemination is performed by a licensed phYSician, the husband is considered the father of the child. Ifthe woman is unmarried at the time of the insemination, several factors, varying from jurisdiction to jurisdiction, determine whether the donor is considered the father of the child. Cf. IN VITRO FERTILIZATION; GAMETE INTRAFALLOPIAN TRANSFER; ZYGOTE INTRAFALLOPIAN TRANSFER.

artificial insemination by donor Artificial insemination in which the semen donor is someone other than the recipient's husband. - Abbr. AID. - Also termed heterologous artificial insemination; exogamous insemination.

artificial insemination by husband Artificial insemination in which the semen donor is the recipient's husband. ~ Abbr. AIH. - Also termed homologous insemination; endogenous insemination.

artificial person See PERSON (3).

artificial person An entity, such as a corporation, created by law and given certain legal rights and duties of a human being; a being, real or imaginary, who for the purpose oflegal reasoning is treated more or less as a human being. An entity is a person for purposes of the Due Process and Equal Protection Clauses but is not a citizen for purposes of the Privileges and Immunities Clauses in Article IV § 2 and in the Fourteenth Amendment - Also termed fictitious person; juristic person; juridical person; legal person; moral person. Cf. LEGAL ENTITY.

artificial presumption See presumption of law.

artificial presumption See presumption of law under PRESUMPTION.

artificial succession See SUCCESSION (4).

artificial watercourse See WATERCOURSE.

artisan 1. An artist; esp., a skilled crafter. 2. Patents. A person ofordinary skill in an art, for purposes of determining whether a patent application meets the enablement requirement of 35 USCA § 112. In patent-law terms, the disclosure in the application must teach the artisan how to practice the invention. - Also termed skilled artisan.

artisan's lien See mechanic's lien under LIEN.

artistic license See LICENSE.

artistic work See WORK (2).

as Roman law. A pound weight or a coin weighing a pound, divisible into 12 parts, called unciae. As and the multiples of its unciae were used to denote interest rates. See UNCIA. 2. Roman & civil law. A whole inheritance; the whole of an asset. PI. asses.

as effeirs See EFFEIRS, AS.

as is In the existing condition without modification <the customer bought the car as is>. Under UCC § 2-316(3)(a), a seller can disclaim all implied warranties by stating that the goods are being sold "as is" or "with all faults." Generally, a sale of property "as is" means that the property is sold in its existing condition, and use of the phrase as is relieves the seller from liability for defects in that condition. Also termed with all faults.

as of right By virtue of a legal entitlement <the case is not one triable to a jury as of right>.

as per In accordance with; PER (3). This phrase has traditionally been considered a barbarism, per being the preferred form in commercialese <per your request>. But even per can be improved on <as you requested>.

as their interests may appear See A TIMA.

as-applied challenge See CHALLENGE (1).

as-applied challenge- A claim that a law or governmental policy, though constitutional on its face, is unconstitutional as applied, usu. because of a discriminatory effect; a claim that a statute is unconstitutional on the facts of a particular case or in its application to a particular party.

asbca abbr. See ARMED SERVICES BOARD OF CONTRACT APPEALS.

ascap AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS.

ascendant (a-sen-dant), One who precedes in lineage, such as a parent or grandparent. - Also termed ancestor. Cf. DESCENDANT. ascendant, adj.

ascent The passing of an estate upwards to an heir in the ascending line. Cf. DESCENT.

ascripticius See ADSCRIPTITIUS.

ascriptitius (as-krip-tish-ee-as), n. See ADSCRIPTITIUS.

ascriptus See ADSCRIPTUS.

ase abbr. AMERICAN STOCK EXCHANGE.

as-extracted collateral See COLLATERAL.

as-extracted collateral- 1. Oil, gas, or other minerals that are subject to a security interest that is created by a debtor haVing an interest in the minerals before extraction and that attaches to the minerals as they are extracted. UCC 9-102(a)(6)(A). 2. An account arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction. VCC 9-102(a)(6)(B).

asexualization See STERILIZATION.