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aula regis (aw-la ree-jis). [Latin "king's hall"] Hist. See CURIA REGIS.

Aunt Jemima doctrine Trademarks. The principle that a trademark is protected not only from use on a directly competing product, but also from use on a product so closely related in the marketplace that consumers would be confused into thinking that the products came from a Single source. Aunt Jemima Mills Co. v. Rigney & Co., 247 F. 407 (2d Cir. 1917); 15 l;SCA § 1114. In the namesake case, the name used on pancake flour was later used on syrup. lhe issue was not whether a competitor was trying to pass off goods, but whether it was fair to let the name's second user jeopardize the goodwill built up by the first user. See COMPLEMENTARY GOODS.

aural acquisition Criminal law. l;nder the Federal Wiretapping Act, hearing or tape-recording a communication, as opposed to tracing its origin or destination. 18 USCA § 2510(4).

ausa abbr. See assistant United States attorney under NITED STATES ATTORNEY.

Australian ballot A uniform ballot printed by the gov-ernment, listing all eligible candidates, and marked in secret . Before Australian ballots became standard, candidates often printed their own ballots with only their name, and watchers at polling places could see whose ballot a voter was casting. Loosely termed secret ballot.

australian ballot See BALLOT (4).

aut dedere aut judicare aut transferere [Latin "extradite, prosecute, or transfer"] International law. An emerging principle that a nation may choose neither to extradite nor to prosecute a person accused of a crime but instead may" deliver" the person to a third nation .o This is not a de facto extradition because the receiving state may also refuse to surrender the accused person to the requesting state. Cf. AUT DEDERE AUT JUDICARE; AUT DEDERE AUT POENAM PERSEQUl.

aut dedere aut poenam persequi [Latin "extradite or enforce the sanction"] International law. The rule that a sentence handed down by a court against a person who flees or has ned to another nation should be enforced by that nation ifit chooses not to extradite the person. Cf. AUT DEDERE AUT JUDICARE; AUT DEDERE AUT JUDICARE AUT TRANSFERERE.

aut dedere autjudicare [Latin "extradite or prosecute"] International law. The principle that a nation where a fugitive from justice is found has a duty to either extradite the fugitive to the nation from which the person has fled or to prosecute the person in its own courts. This is an emerging prinCiple, and not accepted as a customary rule in international law. Cf. AUT DEDERE AUT POENAM PERSEQUI; AUT DEDERE AUT JUDICARE AUT TRANSFERERE.

authentic act 1. A writing signed before a notary public or other public officer.2. A certified copy ofa writing.

authentic interpretation An interpretation arrived at by asking the drafter or drafting body what the intended meaning was. The procedure of referring the doubtful statute to its author has acquired a name in the literature of jurisprudence. It is called authentic interpretation.... [Although] this device has been tried in ... recent times in certain European countries, ... [it] has always failed, and no thoughtful adviser would recommend it to any government today." Lon L. Fuller, Anatomy of the Law 29-30 (1968).

authentic interpretation See INTERPRETATION.

authenticate 1. To of (a thing). 2. To render authoritative or authentic, as by attestation or other legal formality. See UCC § 9-102(a)(7).

authentication 1. Broadly, the act of proving that something (as a document) is true or genuine, esp. so that it may be admitted as evidence; the condition of being so proved <authentication of the handwriting>. 2. Specif., the assent to or adoption of a writing as one's own. "The concept of authentication, although continually used by the courts without apparent difficulty. seems almost to defy precise definition. Some writers have construed the term very broadly, as does Wigmore when he states that 'when a claim or offer involves impliedly or expressly any element of personal connection with a corporeal object, that connection must be made to appear ... .' So defined, 'authentication' is not only a necessary preliminary to the introduction of most writings in evidence, but also to the introduction of various other sorts of tangibles." John W. Strong et aI., McCormick on Evidence § 218, at 350 (5th ed. 1999) (italics in original).

authenticum (aw-then-ta-kam). Roman & civil law. 1. An original instrument. 2. (cap.) A Latin version of 134 Novels promulgated by Justinian mostly in Greek between A.D. 535 and 556. Also termed Authenticae.

author 1. Copyright. The person who creates an expressive work, or the person or business that hires another to create an expressive work. o In copyright law, "author" applies to a broad range of occupations, including writers, artists, programmers, choreographers, and translators. 2. One from whom a right or title derives in some way other than by descent. See AUCTOR (1).

authoritative precedent See binding precedent under PRECEDENT.

authority 1. The right or permission to act legally on another's behalf; esp., the power of one person to affect another's legal relations by acts done in accordance with the other's manifestations of assent; the power delegated by a principal to an agent <authority to sign the contract>. - Also termed power over other persons. See AGENCY. "The term 'authority,' like the term 'contract; may easily be used in three senses, and is therefore a term to be avoided when accurate reasoning is desirable. It may be used to mean (1) the operative acts of the principal, (2) a physical document executed by the principal, or (3) the legal rela· tions consequent upon the preceding operative facts (l) and (2), and especially the legal power conferred upon the agent to bring the principal into new legal relations without any further action by the principal. The operative facts may be spoken words, a document together with the acts neces· sary to execute it, or other conduct by the principal apparently expressing an intention to create a power. Hereafter, the word 'authority' will be used to denote these operative facts; in other cases the word power will usually be substituted. This latter word is not so likely to be taken in shifting senses, in spite of the fact that 'power of attorney' generally means a physical document under seal." William R. Anson, Principles of the Law of Contract 508 n.1 (Arthur L. Corbin ed., 3d Am. ed. 1919).

authority by estoppel See apparent authority under AUTHORITY (1).

authority coupled with an interest Authority given to an agent for valuable consideration . This authority cannot be unilaterally terminated by the principal. Cf. naked authority.

authorization clause A Patent Act provision directing that if a person uses or manufactures something protected by a valid U.S. patent, acts on behalf of the U.S. government, and acts with the government's authorization or consent, the U.S., not the person, is deemed the infringing user or manufacturer . If an infringing act is done by a government contractor or subcontractor working for the U.S. and the act is covered by the authorization or consent clause, the patent owner's only recourse is a suit against the U.S. in the U.S. Claims Court for compensation. The authorization or consent clause is in the second paragraph of 28 USCA § 1498(a). Also termed consent clause.

authorization to sell See LISTING (I).

authorize 1. To give legal authority; to empower <he authorized the employee to act for him>. 2. To formally approve; to sanction <the city authorized the construction project>. authorization, n.

authorized capital See nominal capital under CAPITAL.

authorized capital See nominal capital.

authorized capital stock See capital stock (1) under STOCK.

authorized committee See SPECIAL LITIGATION COMMITTEE.

authorized shares See capital stock (1) under STOCK.

authorized stock See capital stock (1).

authorized stock See capital stock (1) under STOCK.

author's right The system of protecting the moral and economic rights of the creator of a work, esp. in civil-law countries. Also termed (in French) droit d'auteur; (in German) Urheberrecht; (in Italian) diritto d' autore; (in Spanish) derecho de autor. "[O]n almost every point of consequence, the traditions of copyright and author's right are far more alike than they are unlike. One reason is that the Berne Convention bridges the two traditions, with the result that its extensive minimum standards have dictated substantively similar rules for countries in both camps." Paul Goldstein, Interna· tional Copyright: Principles, Law, and Practice 4 (2001).

author's share An author's portion of royalties, as determined by an agreement with the publisher.

authorship See work ofauthorship under WORK (2).

autocracy (aw-tok-ra-see), Government by one person with unlimited power and authority; unlimited monarchy. autocratic (aw-ta-krat-ik), adj. autocrat (aw-ta-krat),n.

autograph- A person's own writing or signature; HOLOGRAPH. Cf. ALLOGRAPH.

autolimitation An authority's establishment of rules that, in effect, limit the authority's own power. autolimit, vb. "The theory of Jellinek (Allgemeine Staatslehre), so far as the writer understands it, is not an explanation either. In his view something which he calls the State, not defined, but, as it seems, a group of persons, finds itself in posses· sion of power, and establishes rules. These are the law. This process he calls 'autolimitation.' It is true that a body with supreme power does make law. An autocrat, man or group, without rules, may do justice, though it probably will not, but it does not make law there is no Rechtsstaat. But autolimitation is, as Professor Brierly notes ... , a contradiction in terms. If the State's power is limited, it must be by some superior power. But even accepting the analysis, we are no better off." W.W. Buckland,Some Reflections on Jurisprudence 24 (1945).

Automated Bond System The New York Stock Exchange's computerized network that enables subscribers to electronically transmit quotations and execute orders for bond trades. Abbr. ABS.

Automated Patent System A computerized database of patents, maintained by the C.S. Patent and Trademark Office database. Abbr. APS. Also termed automated p£!tent search system.

automated transaction A contract formed or performed, in whole or in part, by electronic means or by electronic messages in which neither party's electronic actions or messages establishing the contract are intended to be reviewed by an individual in the ordinary course. UCITA §§ 2-102(a)(7), 102:lOUC; UETA §·14.

automatic disclosure See DISCLOSURE (2).

automatic perfection Thee self-operative perfection of a purchase-money security interest without filing or without possession of the collateral. The security interest is perfected simply by the attachment of the security interest, without any additional steps. See purchase-money security interest under SECURITY INTEREST.

automatic perfection See PERFECTION.

automatic stay A bar to all judicial and extrajudicial collection efforts against the debtor or the debtors property, subject to specific statutory exceptions. 11 USCA §§ 362 (a)-(b). The policy behind the automatic stay, which is effective upon the filing of the bankruptcy petition, is that all actions against the debtor should be halted pending the determination of creditors rights and the orderly administration of the debtors assets free from creditor interference. - Also termed automatic suspension.

automatic stay See STAY.

automatic suspension See automatic stay under STAY.

automatic wage-withholding See attachment of wages under ATTACHMENT (1).

automatic-adjustment clause A provision in a utilityrate schedule that allows a public utility to increase its rates without a public hearing or state review, if certain operating costs, such as the price of fuel, increase. Federal Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742, 102 S.Ct. 2126 (1982).

automatic-assignment doctrine Trademarks. The rule that, absent evidence to the contrary, the sale of an entire business carries with it and transfers to the purchaser any common-law marks used in that business without the need for a written assignment. _ For marks registered under the Lanham Act or under some state registration schemes, a written assignment is required to transfer an interest in a registered mark or in a pending application to register a mark.

automatic-transfer statute See TRANSFER STATUTE.

automatism (aw-tom-a-tiz-am),1. Action or conduct occurring without will, purpose, or reasoned intention, such as sleepwalking; behavior carried out in a state of unconsciousness or mental dissociation without full awareness. _ Automatism may be asserted as a defense to negate the requisite mental state of voluntariness for commission of a crime. 2. The state of a person who, though capable of action, is not conscious of his or her actions. - automaton, n. "How far is automatism a defence? It has been defined as involuntary action performed in a state of unconsciousness not amounting to insanity. Theoretically the defence is that no act in the legal sense took place at all the plea is that there was no volition or psychic awareness." George Whitecross Paton, A Textbook ofJurisprudence 315 (G.W. Paton & David P. Derham eds .o 4th ed. 1972).

automobile exception The doctrine that when probable cause exists, a law-enforcement officer need not obtain a warrant before searching a movable vehicle (such as a car or boat) in which an individual has a lessened expectation of privacy.o 1his is an exception to the Fourth Amendment's warrant requirement for search and seizure; exigent circumstances are presumed to exist. Once the right to conduct a warrantless search arises, the actual search may take place at a later time. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280 (1925); Cardwell v. Lewis, 417 U.S. 583, 94 S.Ct. 2464 (1974); California v. Acevedo, 500 U.S. 565, 111 S.Ct. 1982 (1991). See exigent circumstances under ClRCUMSTANCE.

automobile exclusion automobile exclusion.See EXCLUSION (3).

automobile exclusion- A provision in some commercial general liability policies, excluding coverage for damages arising from the use (including loading and unloading) of an automobile, aircraft, or other motor vehicle owned, operated, rented, or borrowed by the insured.

automobile homicide See vehicular homicide under HOMICIDE.

automobile insurance An agreement to indemnify against one or more kinds ofloss associated with the use of an automobile, including damage to a vehicle and liability for personal injury.

automobile insurance See INSURANCE.

automobile-guest statute See GUEST STATUTE.

autonomic law (aw-ta-no m-ik). An internal regulation that has its source in various forms of subordinate and restricted legislative authority possessed by private persons and bodies of persons.o Examples are corporate bylaws, university regulations, and the rules of the International Monetary Fund.

autonomous tariff See TARIFF (2).

autonomous tariff A tariff set by legislation rather than by commercial treaty.

autonomy (aw-tahn-a-mee),1. The right of selfgovernment. 2. A self-governing nation. 3. An individual's capacity for self-determination. autonomous (aw-tahn-a-mas), adj.

autonomy of the parties See FREEDOM OF CONTRACT.

autonomy privacy An individual s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion. If the individual s interest in an activity or decision is fundamental, the state must show a compeling public interest before the private interest can be overcome. If the individual s interest is acknowledged to be less than fundamental or is disputed, then a court must apply a balancing test. Hill v. NCAA, 865 P.2d 633, 653, 654 (Cal. 1994).

autonomy privacy See PRIVACY.

autopsy (aw-top-see). 1. A medical examination of a corpse to determine the cause of death, esp. in a criminal investigation. Also termed postmortem; necropsy. 2. The evidence of one's own senses. "To a rational man of perfect organization, ... the best and highest proof of which any fact is susceptible is the evidence of his own senses. Hence autopsy, or the evidence of one's own senses, furnishes the strongest probability and indeed the only perfect and indubitable certainty of the existence of any sensible fact." Centry v. McMinnis, 3 Dana 382 (1835) (as quoted in John H. Wigmore, A Students' Textbook of the Law of Evidence 214 (1935)).

autoptic evidence (aw-top-tik). See demonstrative evidence under EVIDENCE.

autoptic evidence- See demonstrative evidence.

autoptic proference (proh-far-ants). 1. The presentation of an item for inspection by the court. 2. See demonstrative evidence under EVIDENCE. "Yet another form of proof that may present difficulties in defining evidence is what Wigmore calls 'autoptic proference.' By this barbarism, the learned author was referring to those few cases in which it is possible to bring before the jury the material fact itself, rather than evidence of the fact." 22 Charles Alan Wright & Kenneth W. Graham Jr., Federal Practice and Procedure § 5163, at 33 (1978).

autre action pendant (oh-tra ak-see-awn pahn-dahn). [Law French] Another action pending.o This phrase was formerly used in pleas of abatement.

autre droit (oh-tra drwah). [Law French] In right of another.o This phrase describes the manner in which a trustee holds property for a beneficiary.

autre vie (oh-tra vee). [Law French "another's life"] 1. See PUR AUTRE VIE. 2. See VIE.

autrefois (oh-tra-fwah or oh-tar-foyz). [Law French] On another occasion; formerly.

autrefois acquit (a-kwit or a-kee). [Law French "previously acquitted"] A plea in bar of arraignment that the defendant has been acquitted of the offense. Also termed former acquittal. See DOUBLE JEOPARDY. "Suppose that a transgressor is charged and acquitted for lack of evidence, and evidence has now come to light showing beyond doubt that he committed the crime. Even so, he cannot be tried a second time. He has what is termed, in legal Frenglish, the defence of autrefois acquit. Similarly, if he is convicted, even though he is let off very lightly, he cannot afterwards be charged on fresh evidence, because he will have the defence of autrefois convict. These uncouth phrases have never been superseded, though they might well be called the defence of 'previous acquittal' and 'previous conviction'; and 'double jeopardy' makes an acceptable generic name for both." Glanville Williams, Textbook of Criminal Law 24 (1978).

autrefois attaint (a-taynt). Hist. A plea in bar that the defendant has already been attainted for one felony and therefore cannot be prosecuted for another.o This plea was abolished in 1827.

autrefois convict [Law French "previously convicted"] A plea in bar of arraignment that the defendant has been convicted of the offense. See DOUBLE JEOPARDY.

auxiliary (awg-zil-ya-ree), adj. 1. Aiding or supporting. 2. Subsidiary. 3. Supplementary.

auxiliary covenant See COVENANT (1).

auxiliary covenant- (awg-zil-ya-ree). A covenant that does not relate directly to the primary subject of the agreement, but to something connected to it. Cf. principal covenant.

auxiliary jnrisdiction See assistant jurisdiction under JURISDICTION.

auxiliator (awg-zil-ee-ay-tar), n. [Latin] Hist. A helper; an assistant.

auxilium (awg-zil-ee-am), [Latin] Hist. Aid; esp., compulsory aid such as a tax or tribute to be paid by a vassal to a lord as an incident of the tenure by knight's service.

auxilium ad filium militem faciendum et filiam maritandam (awg-zil-ee-am ad fil-ee-am mil-a-tem fay-shee-en-dam et fil-ee-am mar-a-tan-dam), n. [Law Latin] Hist. A writ ordering a sheriff to levy a tax toward the knighting of a son and the marrying of a daughter of tenants in capite of the Crown.

auxilium curiae (awg-zil-ee-am kyoor-ee-I or kyoor-ee-ee). [Latin] Hist. A court order summoning a party to appear and assist another party already before the court.

auxilium regis (awg-zil-ee-am ree-jis), The Crown's tax levied for royal use and public service, such as a tax granted by Parliament.

auxilium vice comiti (awg-zil-ee-am VI-see kom-a-ti), n. [Latin] Hist. An ancient tax paid to sheriffs.

avail 1. Use or advantage <of little or no avail>. 2. (pI.) Profits or proceeds, esp. from a sale of property <the avails of the trust fund>.

avail of marriage See VALOR MARITAGIl.

available Legally valid <available claims> <available defenses>.

available for work (Of a person) ready, willing, and able to accept temporary or permanent employment when offered

availment The act of making use or taking advantage of something for oneself <availment of the benefits of public office>. - avail, vb.

aver (a-var)To assert positively, esp. in a pleading; to allege.

average 1. A single value that represents the midpoint of a broad sample of subjects; esp., in mathematics, the mean of a series. 2. The ordinary or typical level; the norm. 3. Maritime law. Accidental partial loss or damage to an insured ship or its cargo during a voyage. - average, vb. & adj.

average tax rate A taxpayers tax liability divided by the amount of taxable income. Also called effective tax rate.

average adjuster Maritime law. An adjuster who determines the proportionate value of sacrificed cargo as a percentage of the total value of the ship, cargo, and freight, and who allocates contribution among the owners of the surviving properties. See CONTRIBUTION (4). "The mutual contributions are settled by the 'statements' of persons called average adjusters, who are not truly arbi· trators or umpires between the parties, but who can, by their impartiality, command so high a degree of respect for their 'statements,' that they are likely to be accepted by the parties; unless indeed there should arise an important question of principle calling for judicial determination." 2 Stephen's Commentaries on the Laws of England 247 (L. Crispin Warmington ed., 21st ed. 1950).

average adjuster- See ADJUSTER

average bond See general-average bond under BOND (2).

average bond- See general average bond.

average cost See COST (1).

average cost- The sum of the costs of beginning inventory and the costs of later additions divided by the total number of available units.

average daily balance See DAILY BALANCE.