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asexually reproducing plant Patents. A plant that reproduces other than by seeds. Examples of asexual reproduction include cutting, grafting, and budding. Only new, distinctive, and nonobvious species of asexually reproducing plants may be protected under the Plant Patent Act. 35 USCA § 161.

asfa ADOPTION AND SAFE FAMILIES ACT.

Ashwander rules A set of principles outlining the U.S. Supreme Court's policy of deciding constitutional questions only when necessary, and of avoiding a constitutional question if the case can be decided on the basis of another issue These rules were outlined in Justice Brandeis's concurring opinion in Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 56 S.Ct. 466 (1936). They include the policy that the court should not decidea constitutional question in a friendly suit, should not anticipate a question of constitutional law, should not create a rule of constitutional law that is broader than that called for by the facts of the case, should not decide a constitutional issue if the case can be decided on another ground, should not rule on the constitutionality of a statute unless the plaintiff is harmed by the statute or if the plaintiff has accepted the benefits of the statute, and should not rule on the constitutionality of an act of Congress without first analyzing whether the act can be fairly construed in a way that would avoid the constitutional question. Also termed Brandeis rules.

as-is warranty See WARRANTY (2).

asked price See PRICE.

asked price The lowest price at which a seller is willing to sell a security at a given time. See SPREAD (2).

asking price The price at which a seller lists property for sale, often implying a Willingness to sell for less. Also termed ask price; offering price.

asking price See PRICE.

asp APPLICATION SERVICE PROVIDER.

aspirin wars A series of false-advertising lawsuits between makers of over-the-counter pain relievers in the 19805, all centering on the boundaries of comparative advertiSing.

asportation (as-par-tay-shan-), The act of carrying away or removing (property or a person). Asportation is a necessary element oflarceny. Also termed carrying away. See LARCENY. asport, vb. asportative, adj. ''There is no larceny unless the personal goods of another which have been taken by trespass are 'carried away,' but this technical requirement may be satisfied by a very slight movement. There must be 'asportation,' to use the word commonly found in the early cases, but the slightest start of the carrying·away movement constitutes asportation." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 323 (3d ed.1982). 'To constitute larceny, there must be a taking or caption and carrying away or asportation of the property of another. There is a caption when the defendant takes possession. He takes possession when he exercises dominion and control over the property. There is an asportation when he carries away the property; any carrying away movement, however slight, is sufficient. An asportation presupposes a prior caption; therefore, there can be no asportation unless there has first been a caption." 3 Charles E. Torcia, Wharton's Criminal Law§ 357, at 412-13 (15th ed. 1995).

asportavit (as-por-tay-vit). [Law Latin] He carried away.

asr ACCOUNTING SERIES RELEASE.

assailant 1. One who physically attacks another; one who commits an assault. 2. One who attacks another using nonphysical means; esp., one who attacks another's position or feelings, as by criticism, argument, or abusive language.

assart 1. The act of pulling up trees and bushes in a forest to make the land arable. This was a crime if done without a license. 2. A piece ofland made arable by dearing a forest.

assassination The act of deliberately killing someone, esp. a public figure, usu. for hire or for political reasons. - assassinate, vb. assassin, n,

assault 1. Criminal & tort law. The threat or use offorce on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to commit a battery. 2. Criminal law. An attempt to commit battery, requiring the specific intent to cause physical injury. Also termed (in senses 1 and 2) simple assault; common assault. 3. Loosely, a battery. 4. Popularly, any attack. Cf. BATTERY. assault, vb. assaultive, adj. "Ordinary usage creates a certain difficulty in pinning down the meaning of 'assault.' Etymologically, the word is compounded of the Latin ad + saltare, to jump at. In popular language, it has always connoted a physical attack. When we say that D assaults V, we have a mental picture of D attacking V, by striking or pushing or stabbing him. In the middle ages, however, the terms 'assault' and 'battery' were given technical meanings which they have retained ever since. It became settled that though an assault could be committed by physical contact, it did not require this, since a show of force raising an apprehension in the mind of the victim was sufficient. Also, a 'battery' did not require an actual beating; the use of any degree of force against the body would suffice. The acts of spitting on a person and kissing Without consent are both batteries." Glanville Williams, Textbook of Criminal Law 135-36 (1978). "In addition to the classic definitions of assault, some juris· dictions have used assault as a generic term to describe either assault or battery. Thus, a defendant who intentionally injures somebody may be convicted of assault rather than battery." Arnold H. Loewy, Criminal Law in a Nutshell 57 (2d ed. 1987).

assault and battery Loosely, a criminal battery. See BATTERY. "Although the term assault and battery is frequently used when a battery has been committed, one who commits a battery cannot also be punished for committing an assault, since the lesser offense of assault blends into the actual battery." Paul Marcus, "Assault and Battery," in I Encyclo· pedia of Crime and Justice 88, 88 (Sanford H. Kadish ed .. 1983).

assault by contact The offense of knowingly or intentionally touching another person when the actor knows or believes that the touch will offend or provoke the other person.

assault by- contact See ASSAULT.

assault purpense (a-sawlt poor-pawn-say). [French] Hist. Premeditated assault. - Also termed assultus premeditatus (a-sal-tas pree-med-a-tay-tis). "Even before the conquest, ... deliberately planned assassinations came to be distinguished and put into the list of Crown pleas as forsteal. The original sense of this word was lying in wait to am bush the victi m. After the conquest this is expressed in various terms in French and Latin, but frequently takes the form of assault purpense, or assultus premeditatus. In time this yields before malitia excogitata, and so introduces us to the very troublesome word 'malice'." Theodore F.T. Plucknett, A Concise History of the Common Law444 (5th ed. 1956).

assault to rape See assault with intent to commit rape.

assault with a deadly weapon An aggravated assault in which the defendant, using a deadly weapon, threatens the victim with death or serious bodily injury. Also termed assault with a dangerous weapon.

assault with a dangerous weapon See assault with a deadly weapon.

assault with a- dangerous weapon See assault with a deadly weapon under ASSAULT.

assault with a deadly weapon See ASSAULT.

assault with intent Any of several assaults that are carried out with an additional criminal purpose in mind, such as assault with intent to murder, assault with intent to rob, assault with intent to rape, and assault with intent to inflict great bodily injury. These are modern statutory inventions that are often found in state criminal codes.

assault with intent to commit rape An assault carried out with the additional criminal purpose of raping the victim. Also termed assault to rape.

assaultee A person who is assaulted.

assaulter A person who assaults another.

assay 1. A proof or tria\, by chemical experiments, of the purity of metals, esp. gold and silver. 2. An examination of weights and measures.

assayator regis See ASSAYER OF THE KING.

assayer One who makes assays of precious metals.

assayer of the king An officer of the royal mint, appointed by St. 2 Hen. 6, ch. 12, who receives and tests bullion taken in for coining. - Also termed assayator regis.

assecurare (a-sek-ya-rair-ee), vb. [Law Latin] Hist. To make secure, as by pledges.

assecuration (a-sek-ya-ray-shan). Marine insurance. Insurance.

assecurator (a-sek-ya-ray-tar), Marine insurance. An insurer.

assembly 1. A group of persons organized and united for some common purpose.

assembly right of See RIGHT OF ASSEMBLY.

assensio mentium (a-sen-see-oh men-shee-am). [Latin "assent of minds"] See MEETING OF THE MINDS.

assent Agreement, approval, or permission; esp., verbal or nonverbal conduct reasonably interpreted as willingness. See CONSENT. assent, vb. "The requirement of 'assent,' which is fundamental to the formation of a binding contract, implies in a general way that both parties to an exchange shall have a reasonably clear conception of what they are getting and what they are giving up." Marvin A. Chirelstein, Concepts and Case Analysis in the Law of Contracts 66 (l 990).

assented stock See STOCK.

assented stock Stock that an owner deposits with a third person according to an agreement by which the owner voluntarily accepts a change in the corporations securities.

assenting-silence doctrine The principle that an accusation will be taken as true, despite silence by the accused, if the accusation was made under circumstances in which silence can be fairly said to be an agreement. This doctrine is usu. held to be invalid as a measure of a criminal defendant's guilt.

assert 1. To state positively. 2. To invoke or enforce a legal right. - assertory, assertive, adj. - assertor, n.

assertion 1. A declaration or allegation. 2. A person's speaking, writing, acting, or failing to act with the intent of expressing a fact or opinion; the act or an instance of engaging in communicative behavior. See assertive conduct under CONDUCT. - assert, vb. assertor, n.

assertive question Civil law. A question asked of a witness at a criminal trial, by which inadmissible evidence is sought, to provide the jury with details regarding another crime. Cf. INTERROGATIVE QUESTION.

assertive conduct See CONDUCT.

assertive conduct- Nonverbal behavior that is intended to be a statement. such as pointing one's finger to identify a suspect in a police lineup. Assertive conduct is a statement under the hearsay rule, and' thus it is not admissible unless a hearsay exception applies. Fed. R. Evid. 801(a)(2). Also termed implied assertion.

assertory covenant See COVENANT (1).

assertory covenant- (a-sar-ta -ree). One that affirmatively states certain facts; an affirming promise under seal.

assertory oath (a-sar-ta.ree). An oath by which one attests to some factual matter, rather than making a promise about one s future conduct. - A courtroom witness typically takes such an oath.

assertory oath See OATH.

assessable insurance 1. See INSURANCE. 2. See assessable policy (1) under INSURANCE POLlCY.

assessable insurance 1. Insurance in which the insured is liable for additional premiums if a loss is unusually large. 2. See assessable policy (1) under INSURANCE POLICY.

assessable policy 1. A policy under which a policy-holder may be held liable for losses of the insurance company beyond its reserves. - Also termed assessable insurance. 2. See assessable insurance (1) under INSURANCE.

assessable policy 1. See INSURANCE POLlCY. 2. See assessable insurance (1) under INSURANCE.

assessable security See SECURITY.

assessable security A security on which a charge or assessment covering the obligations of the issuing company is made. Bank and insurance-company stock may be assessable.

assessable stock See STOCK.

assessable stock Stock that is subject to resale by the issuer if the holder fails to pay any assessment levied on it.

assessed valuation See VALUATIOK.

assessed value See VALUE (2).

assessee (as-a-see), n. A person against whom a payment is assessed.

assessment 1. Determination of the rate or amount of something, such as a tax or damages <assessment of the losses covered by insurance>2. Imposition of something, such as a tax or fine, according to an established rate; the tax or fine so imposed <assessment of a luxury tax>. "There is a distinction between public improvements, which benefit the entire community, and local improvements, which benefit particular real estate or limited areas of land. The latter improvements are usually financed by means of special, or local, assessments. These assessments are, in a certain sense, taxes. But an assessment differs from a general tax in that an assessment is levied only on property in the immediate vicinity of some local municipal improvement and is valid only where the property assessed receives some special benefit differing from the benefit that the general public enjoys." Robert Kratovil, Real Estate Law465 (6th ed. 1974).

assessment bond See BOND (3).

assessment bond- A municipal bond repaid from property assessment taxes.

assessment company An association that offers its members life insurance, and then pays for death losses by levying an assessment on the surviving members of the association.

assessment contract See CONTRACT.

assessment contract- A contract in which the payment of a benefit is dependent on the collection of an assessment levied on persons holding similar contracts. See assessment insurance under INSURANCE.

assessment district See DISTRICT.

assessment district- A usu. municipal subdivision in which separate assessments of taxable property are made.

assessment fnnd The balance of the assessments of a mutual benefit association, minus expenses, from which beneficiaries are paid.

assessment for benefits See special assessment under ASSESSMENT.

assessment for benefits- See special assessment.

assessment insurance See INSURANCE.

assessment insurance A type of mutual insurance in which the policyholders are assessed as losses are incurred; a policy in which payments to an insured are not unalterably fixed, but are dependent on the collection ofassessments necessary to pay the amount insured.

assessment list See ASSESSMENT ROLL.

assessment period A taxable period.

assessment ratio For property tax purposes, the ratio of assessed value to fair market value.

assessment roll A record of taxable persons and property, prepared by a tax assessor. Also termed assessrn,ent list; (in some New England states) grand list.

assessment work Mining law. The annual labor (such as improvements) that must be performed on an unpatented mining claim to continue to hold the claim.

assessor 1. An official who evaluates or makes assessments, esp. for purposes of taxation. Also termed (specif.) tax assessor. 2. A person who advises a judge or magistrate about scientific or technical matters during a trial. See MASTER (2). 3. ADSESSOR. assessorial (as-a-sor-ee-al), adj. assessorship, n.

asset 1. An item that is owned and has value. 2. (pl.) The entries on a balance sheet showing the items of property owned, including cash, inventory, equipment, real estate, accounts receivable, and good will 3. (pl.) All the property of a person (esp. a bankrupt or deceased person) available for paying debts or for distribution.

asset acquisition Acquisition of a corporation by purchasing all its assets directly from the corporation itself, rather than by purchasing shares from its shareholders. Also termed asset purchase. Cf. SHARE ACQUISITION.

asset allocation The spreading offunds between different types of investments with the intention of decreasing risk and increasing return.

asset dividend See DIVIDEND.

asset purchase See ASSET ACQUISITION.

asset sale and liquidation Mergers & acquisitions. A merger in which a corporation's board and a majority of the stockholders approve a sale of most or all of the corporation's assets to another corporation in exchange for cash or debt.

asset under management A securities portfolio for which an investment adviser provides ongoing, regular supervisory or management services.

asset under- management See ASSET.

asset value See NET ASSET VALUE.

asset-backed security A debt security (such as a bond) that is secured by assets that have been pooled and secured by the assets from the pool.

asset-backed security See SECURITY.

asset-based financing See FINANCING.

asset-based financing- A method of lending in which lenders and investors look primarily to the cash flow from a particular asset for repayment.

asset-coverage test Accounting. A bond-indenture restriction that permits additional borrowing only if the ratio of assets (typically net tangible assets) to debt (typically long-term debt) does not fall below a specified minimum.

asset-depreciation range The IRS's range of depreciation lifetimes allowed for assets placed in service between 1970 and 1980 and for assets depreciated under the Modified Accelerated Cost Recovery System under the Tax Reform Act of 1986. - Abbr. ADR. See ACCELERATED COST RECOVERY SYSTEM.

asset-protection trust See TRUST (3).

assets by descent See ASSET.