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absolute interest An interest that is not subject to any condition.

absolute interest See INTEREST (2).

absolute law A supposed law of nature thought to be unchanging in principle, although circumstances may vary the way in which it is applied. See NATURAL LAW.

absolute legacy See LEGACY.

absolute liability See strict liability under LIABILITY.

absolute majority See MAJORITY.

absolute martial law See MARTIAL LAW.

absolute novelty See NOVELTY.

absolute nuisance See NUISANCE.

absolute nullity See NULLITY.

absolute obligation See OBLIGATION.

absolute obligation An obligation requiring strict fulfillment according to the terms of the engagement, without any alternatives to the obligor.

absolute pardon A pardon that releases the wrongdoer from punishment and restores the offender s civil rights without qualification. Also termed full pardon; unconditional pardon.

absolute pardon See PARDON.

absolute pollution exclusion See pollution exclusion under EXCLUSION (3).

absolute presumption See conclusive presumption.

absolute presumption See conclusive presumption under PRESUMPTION.

absolute privilege A privilege that immunizes an actor from suit, no matter how wrongful the action might be, and even though it is done with an improper motive. Cf. qualified privilege.

absolute privilege See PRIVILEGE (1).

absolute property Property that one has full and complete title to and control over.

absolute property See PROPERTY.

absolute right See RIGHT.

absolute right 1. A right that belongs to every human being, such as the right of personal liberty; a natural right. 2. An unqualified right; specif, a right that cannot be denied or curtailed except under specific conditions <freedom of thought is an absolute right>. For example, a plaintiffhas an absolute right to voluntarily nonsuit a case before it is finally submitted; after final submission, the court has discretion to grant or deny a voluntary nonsuit. Cf. relative right.

absolute sale A sale in which possession and title to the property pass to the buyer immediately upon the completion ofthe bargain. Cf. conditional sale.

absolute sale See SALE.

absolute simulated contract See CONTRACT.

absolute simulated contract- A simulated contract that the parties intend to be wholly ineffective. La. Civ. Code art. 2026. See simulated contract.

absolute title See TITLE (2).

absolute veto See VETO.

absolute-priority rule Bankruptcy. The rule that a confirmable reorganization plan must provide for full payment to a class of dissenting unsecured creditors before a junior class of claimants will be allowed to receive or retain anything under the plan. Some jurisdictions recognize an exception to this rule when a junior class member, usu. a partner or shareholder of the debtor, contributes new capital in exchange for an interest in the debtor.

absolutio (ab-sa-loo-shee-oh). See ABSOLUTION (2).

absolution (ab-sa-Ioo-shan). 1. Release from a penalty; the act of absolving. 2. Civil law. An acquittal of a criminal charge. Also termed absolutio. 3. Eccles. law. Official forgiveness of a sin or sins.

absolutism [ab-sa-loo-tiz-am), In politics, the rule of a dictator whose power has no restrictions, checks, or balances; the belief in such a dictatorship. absolutist (ab-sa-Ioo-tist), adj. & n.

absolve (ab- or ab-zolv), vb. 1. To release from an obligation, debt, or responsibility. 2. To free from the penalties for misconduct. absolver, n.

absolvitor (ab-sol-vi-tar), n. Scots law. A decision in a civil action in favor of the defender; an acquittal. absolvitory, adj.

absorbable risk See RISK.

absorbable risk A potential loss that a corporation believes that it can cover either with available capital or with self-insurance.

absorption 1. The act or process of including or incorporating a thing into something else; esp., the application of rights guaranteed by the U.S. Constitution to actions by the states. 2. Int'llaw. The merger of one nation into another, whether voluntarily or by subjugation. 3. Labor law. In a postmerger collective bargaining agreement, a provision allowing seniority for union members in the resulting entity. 4. Real estate. The rate at which property will be leased or sold on the market at a given time. 5. Commercial law. A sales method by which a manufacturer pays the reseHer's freight costs, which the manufacturer accounts for before quoting the reseUer a price. Also termed (in sense 5) freight absorption. - absorb, vb.

absque (abs-kwee), adv. [Latin] Without.

absque aliquo inde reddendo (abs-kwee al-a-kwoh in-dee ri-den-doh), adv. [Law Latin] Rist. Without rendering anything therefrom. This phrase appeared in royal grants in which no tenure was reserved.

absque consideratione curiae (abs-kwee kan-sid-a-ray-shee-oh-nee kyoor-ee-ee), adv. [Law Latin] Without the consideration of the court; without judgment.

absque dubio (abs-kwee d[y]oo-bee-oh), adv. [Latin] Without doubt.

absque hoc (abs-kwee hok), adv. [Latin] Archaic. Without this. The phrase was formerly used in common-law pleading to introduce the denial of allegations. Also termed sans ce que. See TRAVERSE.

absque impetitione vasti (abs-kwee im-pa-tish-ee-oh-nee vas-tI], adv. [Law Latin], Hist. See WITHOUT IMPEACHMENT OF WASTE.

absque injuria damnum (ab-skwee in-joor-ee-a dam-nam). [Civil law] See DAMNUM SINE INJURIA. Often shortened to absque injuria.

absque ipsius regis speciali licentia (abs-kwee ip-see-as ree-jis spesh-ee-ay-li li-sen-shee-a). [Law Latin] Hist. Without the special authority of the king himself. The phrase was part ofa law forbidding Crown vassals from transferring land without a special warrant.

absque tali causa (abs-kwee tay-Ii kaw-za), adv. [Law Latin] Without such cause. In common-law pleading, this was part of the larger phrase de injuria sua propria, absque tali causa ("of his own wrong, without such cause") appearing in a reply that a trespass plaintiff made to counter a defendant's claim of excuse. In an assault case, for example, if a defendant pleaded that he had struck the plaintiff in self-defense, the plaintiff could reply that the defendant was gUilty of his own wrong committed without such cause as alleged. See DE INJURIA.

abstain 1. To voluntarily refrain from doing something, such as voting in a deliberative assembly. 2. (Of a federal court) to refrain from exercising jurisdiction over a matter.

abstinence (ab-sta-nants). 1.The practice of refraining completely from indulgence in some act; esp., the practice of not having sex or of not consuming alcoholic beverages.

abstract 1. A concise statement of a text, esp. of a legal document; a summary. See ABSTRACT OF JUDGMENT; ABSTRACT OF TITLE. 2. Patents. A one-paragraph summary ofan invention's design and function, including its nature, structure, purpose, and novelty. The abstract is a required part of a patent application, and also appears on the front page of the patent itself. It may not exceed 150 words. For the purpose of determining adequacy of disclosure, the abstract is considered to be part of the specification. See 35 USCA 112. Also termed abstract ofthe disclosure; abstract ofthe specification.

abstract compromis See general compromis under COMPROMIS.

abstract idea Intellectual Property. A concept or thought, removed from any tangible embodiment. An abstract idea is one of the categories of unpatentable subject matter, along with natural phenomena and laws of nature. But a process that uses abstract ideas to produce a useful result can be patented. Copyright law likewise will not protect an abstract idea, but only its expression. The law of unfair competition, on the other hand, does protect abstract ideas that meet the other criteria of a trade secret. See business-method patent under PATENT.

abstract juridical act Civil law. A juridical act whose validity may be independent of the existence or lawfulness of the underlying cause. In some systems, examples include negotiable instruments, debt remission, debt acknowledgment, and the novation of an obligation. See juridical act.

abstract of a fine See NOTE OF A FINE.

abstract of judgment A copy or summary of a judgment that, when filed with the appropriate public office, creates a lien on the judgment debtor's nonexempt property. See judgment lien under LIEN.

abstract of record An abbreviated case history that is complete enough to show an appellate court that the questions presented for review have been preserved.

abstract of the disclosure See ABSTRACT

abstract of the specification See ABSTR ACT

abstract of title A concise statement, usu. prepared for a mortgagee or purchaser of real property, summarizing the history of a piece of land, including all conveyances, interests, liens, and encumbrances that affect title to the property. Also termed brief; brief of title.

abstract ofconviction A summary of the court's finding on an offense, esp. a traffic violation.

abstract qnestion See HYPOTHETICAL QUESTION.

abstracter See ABSTRACTOR.

abstraction (ab- or ab-strak-shan), n. 1. The mental process of considering something without reference to a concrete instance <jurisprudence is largely the abstraction of many legal particulars>. 2. A theoretical idea not applied to any particular instance <utopia in any form is an abstraction>. 3. The summarizing and recording of a legal instrument in public records <abstraction of the judgment in Tarrant County>. 4. The act of taking with the intent to injure or defraud <the abstraction of funds was made possible by the forged signature on the check>. abstract (ab-strakt), vb.

abstraction-filtration-comparison test Copyright. A judicially created test for determining whether substantial similarity exists between two works in an action for infringement. First, the court dissects the copyrighted work's structure and isolates each level of abstraction or generality (abstraction test). Second, the court examines each level ofabstraction and separates out the unprotectable elements such as ideas, processes, facts, public-domain information, and merger material (filtration test). Finally, the court compares the resulting core of protectable expression with the accused work to determine whether substantial elements of the copyrighted work have been misappropriated (comparison test). This test was first applied by the Second Circuit in Computer Associates Int'l, Inc. v. Altai, Inc., 982 F.2d 693 (2d Cir. 1992). Although that case involved computer software and the test is usu. applied in software-infringement cases, the test has also been applied to nonsoftware works. Also termed abstraction-filtration test. See SIMILARITY. Cf. ABSTRACTIONS TEST.

abstractions test Copyright. A means of comparing copyrighted material with material that allegedly infringes the copyright by examining whether the actual substance has been copied or whether the two works merely share the same abstract ideas. The primary authority for the abstractions test is Judge Learned Hand's opinion in Nichols v. Universal Pictures Corp., 45 F.2d 119 (2d Cir. 1930). Although referred to as a "test," it is not a bright-line test, but an approach to discerning the boundaries of protectable expression by isolating and comparing each level of abstraction in the two works, from the lowest (most detailed) to the highest (most conceptual). Cf. ABSTRACTION-FILTRATION-COMPARISON TEST; LOOK-AND-FEEL TEST.

abstract-juridical-act See ACT.

abstractor (ab-or ab-strak-tar). A person who prepares abstracts of title. Also spelled abstracter.

absurdity The state or quality of being grossly unreasonable; esp., an interpretation that would lead to an unconscionable result, esp. one that the parties or (esp. for a statute) the drafters could not have intended and probably never considered. Cf. GOLDEN RULE.

abuse (a-byoos), n. 1. A departure from legal or reasonable use; misuse. 2. Physical or mental maltreat ment, often resulting in mental, emotional, sexual, or physical injury. Also termed cruel and abusive treat ment. Cf. NEGLECT; CRUELTY.

abuse- (a-byooz), vb. 1. To damage (a thing). 2. To depart from legal or reasonable use in dealing with (a person or thing); to misuse. 3. To injure (a person) phYSically or mentally. 4. In the context of child welfare, to hurt or injure (a child) by maltreatment. In most states, a finding of abuse is generally limited to maltreatment that causes or threatens to cause lasting harm to the child.

abuse excuse Criminal law. The defense that a defendant cannot tell right from wrong or control impulses because of phYSical or mental abuse suffered as a child . Like the traditional excuse of insanity, the abuse excuse is asserted by a defendant in an effort to mitigate or avoid culpability for the crime charged. Cf. BATTERED-CHILD SYNDROME; BATTERED-WOMAN SYNDROME.

abuse of discover See DISCOVERY ABUSE.

abuse of discretion 1. An adjudicator's failure to exercise sound, reasonable, and legal decision-making. 2. An appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence. See DISCRETION (4).

abuse of distress Hist. The wrongful seizure and use of another's property as a means of collecting damages or coercing the property's owner to perform a duty.

abuse of process The improper and tortious use of a legitimately issued court process to obtain a result that is either unlawful or beyond the process's scope. Also termed abuse of legal process; malicious abuse of process; malicious abuse of legal process; wrongful process; wrongful process of law. Cf. MALICIOUS PROSECUTION."One who uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which it is not designed is subject to liability to the other for harm caused by the abuse of process." Restatement (Second) of Torts 682 (1977).

abuse of rights 1. Int'l law. A country's exercise of a right either in a way that impedes the enjoyment by other countries of their own rights or for a purpose different from that for which the right was created (e.g., to harm another country). 2. Louisiana law. A person's exercise of a right in an unneighborly spirit that provides no benefit to the person but causes damage to the neighbor.

abuse of rights doctrine Civil law. The principle that a person may be liable for harm caused by doing something the person has a right to do, if the right is exercised (1) for the purpose or primary motive of causing harm, (2) without a serious and legitimate interest that is deserving of judicial protection, (3) against moral rules, good faith, or elementary fairness, or (4) for a purpose other than its intended legal purpose.

abuse of the elderly Abuse of a senior citizen, esp. by a caregiver or relative.o Examples include deprivation of food or medication, beatings, oral assaults, and isolation. Also termed elder abuse.

abused child See CHILD.

abused child- A child who has been subjected to physical or mental neglect or harm. See child abuse under ABUSE.

abusee (a-byoo-zee), n. One who is or has been abused.

abuse-of-the-elderly See ABUSE.

abuse-of-the-writ doctrine Criminal procedure. The principle that a petition for a writ of habeas corpus may not raise claims that should have been, but were not, asserted in a previous petition. Cf. SUCCESSIVEWRIT DOCTRINE.

abuser (a-byoo-zar), n. 1. One who abuses someone or something. 2. ABUSE (1).

abusive (a-byoo-siv), adj. 1. Characterized by wrongful or improper use <abusive discovery tactics>. 2. (Of a person) habitually cruel, malicious, or violent <abusive parent>. - abusively, adv.

abusus (a-byoo-sas), n. Civil law. The right to dispose of one's property.

abut (a-bat), vb. To join at a border or boundary; to share a common boundary with <the company's land in Arizona abuts the Navajo Indian reservation>. abutment (a-bat-mant). n.

abuttals (a-bat-alz). Land boundaries; the boundary lines of a piece of land in relation to other contiguous lands. Also termed (archaically) buttals.

abutter (a-bat-ter). 1. The owner of adjoining land; one whose property abuts another's. "The major right of [an abutter) is that of access to his property a right of reasonable ingress and egress. He is entitled to compensation for any substantial impairment of this reasonable access. The right normally includes the right to have, at some point, a driveway onto his premises. An abutter does not have the right to the continued flow of traffic in the same amount or pattern past his premises." Osborne M. Reynolds Jr., Handbook of Local Government Law 180, at 620 (1982).

abutting foot See FRONT FOOT.

ac etiam (ak ee-shee-am or esh-ee-am). [Law Latin] Common-law pleading. 1. And also. These words introduced a genuine claim in a pleading in a common-law case in which a fictitious claim had to be alleged to give the court jurisdiction. In other words, the phrase ac etiam directed the court to the real cause of action. Also spelled acetiam. "[T]o remedy this inconvenience, the officers of the king's bench devised a method of adding what is called a clause of ac etiam to the usual complaint of trespass; the bill of Middlesex commanding the defendant to be brought in to answer the plaintiff of a plea of trespass, and also to a bill of debt: the complaint of trespass giving cognizance to the court, and that of debt authorizing the arrest." 3 William Blackstone, Commentaries on the Laws of England 288 (1768). "[Once] it was established that the King'S Bench was not exclusively a court for 'crown cases,' but could also be used for civil litigation, it was not difficult to extend the jurisdiction a step further by allowing the ordinary Citizen to allege that the defendant had committed a trespass or other breach of the peace 'and also' that the defendant was under some obligation to the plaintiff, and to treat the allegation concerning breach of the peace as a mere fiction which need not be proved, and to allow the suit to be maintained solely on the basis of the civil obligation. The Latin words 'ac etiam' were the crucial ones in the old complaint that stated the fictitious breach of the peace 'and also' the actual civil obligation." Charles Herman Kinnane, A First Book on Anglo·American Law 269 (2d ed. 1952). 2. The clause that introduced the real allegation after a fictitious allegation of trespass. - Also termed (in sense 2) ac etiam clause.

academic adj. 1. Of or relating to a school or a field of study; esp., of or relating to a field of study that is not vocational or commercial, such as the liberal arts <academic courses>. 2. Theoretical; specif., not practicalor immediately useful <academic question>.

academic freedom The right (esp. ofa university teacher) to speak freely about political or ideological issues without fear of loss of position or other reprisal.

academic lawyer A law professor, usu. one who maintains a law practice on the side.

Academie de Droit International de La Haye See HAGUE ACADEMY OF INTERNATIONAL LAW.

academy 1. An institution of higher learning. 2. An association dedicated to the advancement of knowledge in a particular field, such as the American Academy of Matrimonial Lawyers. 3. A private high school. 4. (cap.) A garden near Athens where Plato taught; hence, the school of philosophy that he led.

accedas ad curiam (ak-see-das ad kyoor-ee-am), n. [Law Latin "you are to go to the court"] Hist. An original writ for removing a replevin action to a royal court from either of two feudal courts a court baron or a hundred court. It is a recordare facias loquelam for replevin actions. See RECORDARE FACIAS LOQUELAM.

accede (ak-seed), vb. 1. To consent or agree. 2. To be added (to something else) through accession. 3. To adopt. See ADOPTION (5). 4. (Of a body politic) to accept unification with or annexation into another body politic. - accession, n. accedence (ak-see-dants), n.

Accelerated Cost Recovery System An accounting method that is used to calculate asset depreciation and that allows for the faster recovery of costs by assigning the asset a shorter useful life than was previously permitted under the Internal Revenue Code. This system applies to property put into service from 1981 to 1986. It was replaced in 1986 by the Modified Accelerated Cost Recovery System. Abbr. ACRS.

accelerated depreciation See DEPRECIATION.