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attempted marriage See void marriage under MARRIAGE (1).

attempted monopolization See MONOPOLIZATION.

attempted suicide An unsuccessful suicidal act.

attempted suicide See SUICIDE.

attendance officer See TRUANCY OFFICER.

attendance officer See TRUANCY OFFICER.

attendant circumstance See CIRCUMSTANCE.

attendant circumstance- A fact that is situationally relevant to a particular event or occurrence. A factfinder often reviews the attendant circumstances ofa crime to learn, for example, the perpetrator's motive or intent.

attendant term See TERM (4).

attentate (a-ten-tayt), 1. A criminal attempt. 2. An assault. 3. An erroneous step taken by a lower-court judge after a case has been stayed or appealed.

attenuation doctrine (a-ten-ya-way-shan). Criminal procedure. The rule providing that evidence obtained by illegal means may nonetheless be admisI sible if the connection between the evidence and the illegal means is sufficiently attenuated or remote.o This is an exception to the fruit-of-the-poisonoustree doctrine. See FRUlT-OF-THE-POISONOUS-TREE DOCTRINE.

atterminare (a-tar-mi-nair-ee), vb. [Law Latin] 1. To put off to a succeeding term; to adjourn. 2. To prolong the time to pay a debt.

atterminement (a-tar-min-mant). 1. The granting of a delay for some purpose; esp., the extension of time to pay a debt. 2. The fixing of a time limit. attermine, vb.

attermoiement (at-ar-moy-a-mant). [Law FrenchJ Eccles. law. COMPOSITION (1).

attest (a-test), 1. To bear witness; testify <attest to the defendant's innocence>. 2. To affirm to be true or genuine; to authenticate by signing as a witness <attest the will>. attestation (a-testay-shan), n. attestative (a-tas-ta-tiv), adj.

attestation clause A provision at the end of an instrument (esp. a will) that is signed by the instrument's witnesses and that recites the formalities required by the jurisdiction in which the instrument might take effect (such as where the will might be probated).o The attestation strengthens the presumption that all the statutory requirements for executing the will have been satisfied. - Also termed witnessing part. Cf. TESTIMONIUM CLAUSE.

attested copy See certified copy under COPY.

attested copy- See certified copy.

attested will See WILL.

attester (a-tes-tar). One who attests or vouches for. Also spelled attestant; attestator; attestor.

attesting witness See WITNESS.

at-the-market price See PRICE.

at-the-market price A retail price that store owners in the same vicinity generally charge.

attorn (a-tarn), 1. To agree to be the tenant of a new landlord. - Also termed attorn tenant. 2. To transfer (money, goods, etc.) to another.

attorn tenant See ATTORN (1).

attornatus (at-ar-nay-tas). [Law LatinJ One who is attorned, or put in the place of another; an attorney.

attorney 1. Strictly, one who is designated to transact business for another; a legal agent. - Also termed attorney-in-fact; private attorney. 2. A person who practices law; LAWYER. Also termed (in sense 2) attorney-ai-law; public attorney. Cf. COUNSEL (2). Abbr. att'y. PI. attorneys.

attorney in charge See lead counsel (1) under COUNSEL.

attorney not recognized Patents. An attorney appointed by a patent applicant but not registered to practice before the U.S. Patent and Trademark Office. A power of attorney appointing an unregistered attorney is void. Cf. attorney not of record.

attorney ad litem (ad Ii-tem or -tam). A courtappointed lawyer who represents a child during the course of a legal action, such as a divorce, termination, or child-abuse case. _ The attorney owes to the child the duties ofloyalty, confidentiality, and competent representation. A child'8 right to legal representation in a juvenile proceeding was mandated in In re Gault, 387 U.S.!, 87 S.Ct. 1428 (1967). The appointment of an attorney ad litem is a limited one -- only for a specific lawsuit. - Also termed child's attorney; attorney for the child. Cf. guardian ad litem under GUARDIAN.

attorney fees See ATTORNEY'S FEES.

attorney for the child See attorney ad litem under ATTORNEY.

attorney general The chieflaw officer of a state or of the United States, responsible for advising the government on legal matters and representing it in litigation. General" is a postpositive adjective, not an honorific, so the title should not, strictly speaking, be shortened. - Abbr. AG. PI. attorneys general.

attorney general's opinion 1. An opinion furnished by the U.S. Attorney General to the President or another executive official on a request concerning a question oflaw. [Cases: Attorney General ~6.1 2. A written opinion by a state attorney general, usu. given at the request of a public official, interpreting a legal provision.

attorney malpractice See legal malpractice under MALPRACTICE.

attorney not of record See ATTORNEY.

attorney not of record. 1. A lawyer who is not recognized as a party's legal representative. Cf. attorney of record (1). 2. Patents & trademarks. An attorney whose name is not included in a power of attorney on file with the u.s. Patent and Trademark Office for a patent or trademark application.o An attorney not of record may nevertheless prosecute a patent application if regis tered to practice before the U.S. Patent and Trademark Officeand appointed by the principal attorney. 37 CFR 1.34(a). Cf. attorney not recognized.

attorney not recognized See ATTORNEY.

attorney of record 1. The lawyer who appears for a party in a lawsuit and who is entitled to receive, on the party's behalf, all pleadings and other formal documents from the court and from other parties. - Also termed counsel of record. See OF RECORD (1). 2. Patents & Trademarks. The attorney or agent whose name is included in the power of attorney filed by an applicant for a patent or a trademark registration.o For a patent applica tion, the attorney of record must be a patent attorney or a patent agent.

attorney of record- See ATTORNEY.

attorney work product See WORK PRODUCT.

attorney, power of See POWER OF ATTORNEY.

attorney-at-law See ATTORNEY (2).

attorney-client privilege The client s right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney. The privilege is not Widely recognized. Also termed lawyer-client privilege; client s privilege. There are a number of ways to organize the essential elements of the attorney-client privilege to provide for an orderly analysis. One of the most popular is Wigmore s schema: (1) Where legal advice of any kind is sought (2) from a profeSSional legal adviser in his capacity as such, (3) the communications relating to that purpose (4) made in confidence (5) by the client (6) are at his instance permanently protected (7) from disclosure by himself or by the legal adviser, (8) except the privilege be waived. Though this organization has its virtues, there is some question as to whether it completely states the modern privilege." 24 Charles Alan Wright & Kenneth W. Graham Jr., Federal Practice and Procedure § 5473, at 103-04 (1986) (quoting 8 John Henry Wigmore, Evidence § 2292, at 554 Uohn T. McNaughton rev., 1961». "At the present time it seems most realistic to portray the attorney-client privilege as supported in part by its traditional utilitarian justification, and in part by the integral role it is perceived to play in the adversary system itself. Our system of litigation casts the lawyer in the role of fighter for the party whom he represents. A strong tradition of loyalty attaches to the relationship of attorney and client, and this tradition would be outraged by routine examination of the lawyer as to the client s confidential disclosures regarding professional business.

attorney-client privilege See PRIVILEGE (3).

attorney-client relationship The formal legal representation of a person by a lawyer. - An attorney-client relationship may be found, for disciplinary purposes, without any formal agreement.

attorney-client relationship See RELATIONSHIP.

attorney-in-fact See ATTORNEY (1).

Attorneys and Agents Registered to Practice Before the u.s patent and trademark office A PTO publication listing all registered patent attorneys and agents by name and location.

attorney's fees The charge to a client for services performed for the client, such as an hourly fee, a flat fee, or a contingent fee. - Also spelled attorneys'fees. Also termed attorney fees. Cf. RETAINER (2).

attorney's fees- See ATTORNEY'S FEES.

attorney's lien See LIEN.

attorney-witness rule See LAWYER-WITNESS RULE.

attorney-work-product privilege See WORK-PRODUCT RULE.

attornment (a-tarn-mant), 1. A tenant's agreement to hold the land as the tenant of a new landlord. 2. A constructive delivery involVing the transfer of mediate possession while a third person has immediate possession; esp., a bailee's acknowledgment that he or she will hold the goods on behalf of someone other than the bailor. - For the other two types of constructive delivery, see CONSTITUTUM POSSESSORIUM; TRADITIO BREVI MANU. attorn, vb. "[Another] form of constructive delivery is that which is known to English lawyers as attornment.... The mediate possessor of a thing may deliver it by procuring the imme' diate possessor to agree with the transferee to hold it for the future on his account, instead of on account of the transferor. Thus if I have goods in the warehouse of A and sell them to B, I have effectually delivered them to B so soon as A has agreed with B to hold them for him, and no longer for me." John Salmond, Jurisprudence 306-07 (Glanville L. Williams ed., 10th ed. 1947).

attractive nuisance See NUISANCE.

attractive-nuisance doctrine The rule that a person who owns property on which there is a dangerous thing or condition that will foreseeably lure children to trespass has a duty to protect those children from the danger <the attractive-nuisance doctrine imposed a duty on the school to protect the children from the shallow, polluted pond on school property>. - Also termed turntable doctrine; torpedo doctrine. See ALLUREMENT; DANGEROUS INSTRUMENTALITY.

attribution The process outlined in the Internal Revenue Code - by which a person's or entity's stock ownership is assigned to a related family member or related entity for tax purposes. Also termed stock attribution. attribute, vb. attributive, adj.

attribution right A person's right to be credited as a work's author, to have one's name appear in connection with a work, or to forbid the use ofone's name in connection with a work that the person did not create. - Attribution rights constitute one aspect of the moral rights recognized primarily in civil-law countries. Under the Visual Artists Rights Act of 1990, the creators of a very limited class of works-called works of visual art-have certain statutory attribution rights. 17 USCA § 106A. Under the Berne Convention Implementation Act, attribution rights afforded foreign copyright owners may be enforceable in the U.S. Also termed rights ofattribution; paternity; maternity. Cf. INTEGRITY RIGHT; MORAL RIGHT.

att'y. abbr. ATTORNEY.

atvef abbr. ADVANCED TELEVISION ENHANCEMENT FORUM.

at-will employment See employment at will under EMPLOYMENT.

at-will tenancy See tenancy at will under TENANCY.

at-will tenancy See tenancy at will.

Atwood doctrine The principle that, to the extent an ERISA plan and its summary-plan description conflict regarding the circumstances under which benefits may be denied, the summary-plan description controls. Atwood v. Newmont Gold Co., 45 F.3d 1317 (9th Cir. 1995); 29 USCA § 1022. See SUMMARY-PLAN DESCRIPTION.

au besoin (oh ba-zwan). [French "in case of need") A designation in a bill of exchange stating who is responsible for payment if the drawee fails or refuses to pay .o For example, au besoin is part of the phrase au besoin, chez Messrs. Garnier et DuCloux (meaning "in case of need, apply to Messrs. Garnier and DuCloux").

auction A public sale of property to the highest bidder.o Under UCC § 2-328, a sale at auction is ordinarily complete when the auctioneer so announces in a customary manner, as by pounding a hammer. Also termed auction sale. auction, vb.

auction market See MARKET.

auction sale See AUCTION.

auction sale See AUCTION.

auction with out reserve An auction in which the property will be sold to the highest bidder, no minimum price will limit bidding, the owner may not withdraw property after the first bid is received, the owner may not reject any bids, and the owner may not nullify the bidding by outbidding all other bidders.o In an auction without reserve, the owner essentially becomes an offeror, and each successively higher bid creates a contingent acceptance, with the highest bid creating an enforceable contract. Also termed absolute auction. See WITHOUT RESERVE.

auction with reserve An auction in which the property will not be sold unless the highest bid exceeds a minimum price. See WITH RESERVE.

auctioneer A person legally authorized to sell goods or lands of other persons at public auction for a commission or fee.o The auctioneer is the property owner's agent up to the moment when a purchaser's bid is accepted, when the auctioneer becomes the purchaser's agent. - Formerly also termed vendue master.

auctor (ahk-tor), [Latin "author") 1. The source of a right or title, such as a grantor; AUTHOR (2). 2. A principal.

auctore praetore (awk-tor-ee pree-tor-ee). [Latin) 1. Roman law. On the authority of the praetor. 2. Scots law. With the sanction of a judge.

auctorin rem suam (awk-tor in rem s[y]oo-am). [Latin) Rist. One who acts on one's own behalf; a principal in one's own affairs.

auctoritate judicis (awk-tor-a-tay-tee joo-di-sis). [Latin) Rist. By judicial authority.

audience A hearing before judges. See RIGHT OF AUDIENCE.

audience test Copyright. A judicial analysis used to determine whether the lay observer or an ordinary, reasonable audience would conclude that the protectable expression in a copyrighted work is substantially similar to the expression in the accused work. - Also termed ordinary-observer test; ordinary-lay-observer test.

audio home recording act Copyright. A 1992 federal law designed to prevent copyright-infringement suits based on the manufacture, importation, distribution, or sale of digital-audio technology .o Manufacturers of digital recording devices must pay royalties on sales of the devices and related media, and build security mechanisms into each device. The security mechanisms allow the owner of a digital-recording device to make a copy from the original medium, but not to make a copy from the copy. 17 USCA §§ 1001-1010. - Abbr. AHRA.

audiovisual work See WORK (2).

audit A formal examination of an individual's or organization's accounting records, financial situation, or compliance with some other set of standards. See GENERALLY ACCEPTED AUDITING STANDARDS. audit, vb. auditor, n.

audit committee See COMMITTEE.

audit committee- A committee appointed by the board of an organization, esp. a corporation, to oversee the financial reporting process, select an independent auditor, and receive the audit . Ideally, a committee member is financially literate and wholly independent, having no financial interest (direct or indirect) in the company, no executive position, and no familial relationship with any member of the company's management or a major shareholder.

audit letter A written request for an attorney, banker, or someone else to give financial auditors information about a person or entity being audited, including information about pending or threatened litigation . The recipient of an audit letter usu. sends the response (called an audit-letter response) directly to the financial auditors. See AUDIT RESPONSE.

audit of return See tax audit.

audit of return- See tax audit under AUDIT.

audit opinion See OPINIOK (2).

audit opinion A certified public accountant s opinion regarding the audited financial statements of an entity.

audit privilege See AUDIT PRIVILEGE.

audit privilege In an intellectual-property license agreement, the right of the licensor to inspect the licensee's books and records. Also termed audit rights.

audit report An independent auditor's written statement, usu. accompanying a company's financial statement, expressing the auditor's opinion of the accuracy of the company's financial condition as set forth in the financial statement.

audit response A letter that an attorney provides to a client's financial auditors, usu. at the client's request, regarding matters such as pending or threatened litigation.o Audit responses should comply with the American Bar Association's Statement of Policy Regarding Lawyer's Responses to Auditors' Requests for Information, published in December 1975. - Also termed audit-letter response. See AUDIT LETTER.

audit rights See AUDIT PRIVILEGE.

audit trail The chain of evidence connecting account balances to original transactions and calculations.

audita querela (aw-dI-ta kwa-ree-Ia). [Law Latin "the complaint having been heard"] A writ available to a judgment debtor who seeks a rehearing of a matter on grounds of newly discovered evidence or newly existing legal defenses. "The writ of audita querela (= quarrel having been heard) ... , introduced during the time of Edward Ill, was available to re·open ajudgment in certain circumstances. It was issued as a remedy to defendant where an important matter concerning his case had arisen since the judgment. Its issue was based on equitable, rather than common law principles." L.B. (urzon, English Legal History 103 (2d ed. 1979). "Audita querela is distinguished from coram nobis in that coram nobis attacks the judgment itself. whereas audita querela may be directed against the enforcement, or further enforcement, of ajudgment which when rendered was just and unimpeachable." 7A c.J.S. Audita Querela § 2, at 901 (1980).

audit-letter response See AUDIT RESPONSE.

auditor A person or firm, usu. an accountant or an accounting firm, that formally examines an individual's or entity's financial records or status.

augmented estate See ESTATE (3).

augmented estate- A refinement of the elective share to which a surviving spouse is entitled, whereby the "fair share" is identified as something other than the traditional one-third of the probate estate. The current version of the Uniform Probate Code uses a sliding scale that increases with each year of marriage. Under the UPC, a surviving spouse has accrued full marital-property rights after 15 years of marriage. This percentage of spousal entitlement is applied to a reconceptualization of the decedent's estate to take into account more than just the assets remaining in the probate estate at death. Also added into the calculation are the value of certain inter vivos transfers that the decedent made to others in a way that depleted the probate estate; the value of similar transfers made to others by the spouse as well as the value of the marital property owned by the spouse at the decedent's death; and the value ofinter vivos transfers of property made by the decedent to the spouse. The Uniform Probate Code adopted this version of the augmented-estate concept in an attempt to equalize the treatment of surviving spouses in non-community-property states vis-a.-vis community- property states. Unif. Probate Code § 2-202. See ELECTIVE SHARE.