Law Dictionary
	Search:

accelerated depreciation- Depreciation recorded using a method that writes off the cost of an asset more rapidly than the straight-line method.

accelerated depreciation method See DEPRECIATION METHOD.

accelerated depreciation method- A depreciation method that yields larger deductions in the earlier years of an asset's life and smaller deductions in the later years.

accelerated disclosure See accelerated discovery under DISCOVERY.

accelerated disclosure- See accelerated discovery under DISCOVERY.

accelerated discovery See DISCOVERY.

accelerated discovery- A party's production of relevant evidence to an opponent at a time earlier than would otherwise be required by rule or standing order of the court. The accelerated discovery is usu. carried out in compliance with a specific court order or the parties' agreement. - Also termed accelerated disclosure.

accelerated remainder See REMAINDER.

accelerated remainder A remainder that has passed to the remainderman, as when the gift to the preceding beneficiary fails.

accelerated-reentry theory accelerated-reentry theory. See POST-EXPIRATION-SALES THEORY.

acceleration 1. The advancing of a loan agreement's maturity date so that payment of the entire debt is due immediately. 2. The shortening of the time for vesting in possession of an expectant interest. Also termed acceleration of remainder. 3. Property. The hastening ofan owner's time for enjoyment of an estate because of the failure ofa preceding estate. 4. Securities. The SEC's expediting of a registration statement's effective date so that the registrant bypasses the required 20-day waiting period. - accelerate, vb.

acceleration clause A loan-agreement provision that requires the debtor to payoff the balance sooner 13 acceptance than the due date if some specified event occurs, such as failure to pay an installment or to maintain insurance. Cf. DEMAND CLAUSE; INSECURITY CLAUSE.

acceleration of remainder See ACCELERATION (2).

accept service To agree that process has been properly served even when it has not been. Also termed accept service ofprocess.

Acceptable Identification of Goods and Services Manual Trademarks. A U.S. Government publication that sets forth, for goods and services, known acceptable international class categorizations and descriptions that may be used in trademark applications submitted to the U.S. Patent and Trademark Office.This manual is available from the U.S. Government Printing Office, Washington, D.C. 20402 and through the PTO's website at http://www.uspto.gov.

acceptance 1. An offeree's assent, either by express act or by implication from conduct, to the terms of an offer in a manner authorized or requested by the offeror, so that a binding contract is formed. If an acceptance modifies the terms or adds new ones, it generally operates as a counteroffer. Cf. OFFER.

acceptance au besoin (oh be-zwan). [French "in case of need"] An acceptance by one who has agreed to pay the draft in case the drawee fails to do so.

acceptance by silence Acceptance of an offer not by explicit words but through the lack of an offeree's response in circumstances in which the relationship between the offeror and the offeree justifies both the offeror's expectation of a reply and the offeror's reasonable conclusion that the lack of one signals acceptance. Ordinarily, silence does not give rise to an acceptance of an offer.

acceptance by silence- See ACCEPTANCE (1).

acceptance company. See sales finance company under FINACE COMPANY.

acceptance credit See time letter ofcredit under LETTER OF CREDIT.

acceptance criteria Intellectual Property. Agreed-on performance standards that custom-made products such as computer software or hardware or a commercial website must meet before the customer is legally obligated to accept the product and pay for it.

acceptance doctrine Construction law. The principle that, once a property owner accepts the work of a contractor, the contractor is not liable to third parties for an injury arising from the contractor's negligence in performing under the contract, unless the injury results from a hidden, imminently dangerous defect that the contractor knows about and the owner does not know about. Also termed accepted-work doctrine.

acceptance for honor An acceptance or undertaking not by a party to the instrument, but by a third party, for the purpose of protecting the honor or credit of one of the parties, by which the third party agrees to pay the debt when it becomes due if the original drawee does not. This type of acceptance inures to the benefit of all successors to the party for whose benefit it is made. - Also termed acceptance supra protest; acceptance for honor supra protest. '''Acceptance for honour supra protest' is an exception to the rule that only the drawee can accept a bill. A bill which has been dishonoured by non-acceptance and is not overdue may, with the consent of the holder, be accepted in this way for the honour of either the drawer or an indorser (i.e., to prevent the bill being sent back upon the drawer or indorser as unpaid) by a friend placing his own name upon it as acceptor for the whole, or part only, of the amount of the bill; after a protest has been drawn up declaratory of its dishonour by the drawee. Similarly, where a bill has been dishonoured by non-payment and protested any person may intervene and pay it supra protest for the honour of any person liable thereon; the effect being to discharge all parties subsequent to the party for whose honour it is paid." 2 Stephen's Commentaries on the Laws of England 202-03 (L. Crispin Warmington ed., 21 st ed. 1950).

acceptance for honor- See ACCEPTANCE (4).

acceptance sampling The practice of examining only a few items from a shipment to determine the acceptability of the whole shipment.

acceptance supra protest See acceptance for honor under ACCEPTANCE (4).

acceptance testing Intellectual Property. Formal experiments conducted by or on behalf of the customer to determine whether computer software or hardware or a commercial website satisfies the customer's acceptance criteria. Usu., an acceptance-testing provision in a sales contract or license agreement is accompanied by a termination provision allowing the customer to back out of the contract if the product is not acceptable. Also termed requirements testing. See ACCEPTANCE CRITERIA.

acceptance-au-besoin See ACCEPTANCE (4).

acceptance-of-the-benefits rule The doctrine that a party may not appeal a judgment after having voluntarily and intentionally received all or some part of the relief provided by it.

acceptare (ak-sep-tair-ee), vb. [Latin] Civil law. To accept or assent to, as a promise made by another.

accepted-work doctrine See ACCEPTANCE DOCTRINE.

acceptilation (ak-sep-ta-lay-shan), n. [fro Latin acceptilatio "release"] Roman & civil law. An oral release from an obligation even though payment has not been made in full; a complete discharge, esp. through a fictitious payment. Also termed (in Roman law) acceptilatio. Cf. APOCHA.

acceptor A person or entity that accepts a negotiable instrument and agrees to be primarily responsible for its or performance.

acceptor supra protest One who accepts a bill that has been protested, for the honor of the drawer or an indorser. See acceptance for honor under ACCEPTANCE (4).

access 1. An opportunity or ability to enter, approach, pass to and from, or communicate with <access to the courts>. 2. Family law. VISITATION (2). 3. Family law. The opportunity to have sexual intercourse. Cf. NON ACCESS.

access easement See EASEMENT.

access easement- An easement allowing one or more persons to travel across another's land to get to a nearby location, such as a road. The access easement is a common type of easement by necessity. Also termed easement of access; easement of way; easement of passage.

access order See VISITATION ORDER.

access to counsel See RIGHT TO COUNSEL.

access to justice The ability within a society to use courts and other legal institutions effectively to protect one's rights and pursue claims.

accessio (ak-sash-ee-oh) n. [Latin] Roman law. 1. The doctrine by wp.ich something of lesser size, value, or importance is integrated into something of greater size, value, or importance. "If the identity of one thing (the accessory) is merged and lost in the identity of the other (the principal), the owner of the principal is the owner of the thing .... There is said to be accessio . ... The term is used by some commentators (and, following them, by the French Civil Code) in a much wider sense to include all cases in which there has been an addition to my right, i.e. in which the object of my ownership has increased. The owner of an animal therefore acquires ownership of the young of the animal at birth by accessio, though in physical terms there has been not an accession but a separation. In this sense accessio includes all the original natural modes except occupatio and thesauri inventio. And there are other, intermediate, meanings. Since accessio as an abstract word is not Roman and no clear classification emerges from the texts, no one meaning or classification can be said to be 'right,' but those adopted by the French Civil Code are so wide as to be almost meaningless." Barry Nicholas, An Introduction to Roman Law 133 & n.1 (1962). 2. ACCESSION (4).

accession (ak-sesh-.an). 1. The act of acceding or agreeing <the family's accession to the kidnapper's demands>. 2. A coming into possession of a right or office <as promised, the state's budget was balanced within two years after the governor's accession>. 3. Int'l law. A method by which a nation that is not among a treaty's original signatories becomes a party to it. <Italy became a party to the nuclear-arms treaty by accession>. See Vienna Convention on the Law of Treaties, art. 15 (1155 U.N.T.S. 331, 8 LL.M. 679 (1969)). - Also termed adherence; adhesion. See INSTRUMENT OF ACCESSION. 4. The acquisition of title to personal property by bestowing labor on a raw material to convert it to another thing <the owner's accession to the lumber produced from his land>. - Also termed (in Roman law) accessio. See ADJUNCTION (2). "Accessio is the combination of two chattels belonging to different persons into a single article: as when A's cloth is used to patch B's coat, or a vehicle let on hire·purchase has new accessories fitted to it." R.F.V. Heuston, Salmond on the Law of Torts 113 (17th ed. 1977). 5. A property owner's right to all that is added to the property (esp. land) naturally or by labor, including land left by floods and improvements made by others <the newly poured concrete driveway became the homeowner,s property by accession> . In Louisiana law, accession is the owner's right to whatever is produced by or united with something, either naturally or artificially. La. Civ. Code arts. 483, 490, 507. Cf. ANNEXATION. 6. An improvement to existing personal property, such as new shafts on golf clubs. "The problem of accessions arises infrequently, judging from reported cases, but an obvious instance of the difficulty arises where a motor vehicle is being financed by a secured party and the debtor in possession of necessity acquires a new engine or new tires for the vehicle.

accessorial (ak-sa-sor-ee-al), adj. 1. (Of a promise) made for the purpose of strengthening another's credit <an accessorial pledge by way of guaranty>. - Also termed accessory. 2. Criminal law. Of or relating to the accessory in a crime <accessorial guilt>.

accessorial obligation See COLLATERAL OBLIGATION.

accessory (ak-ses-a-ree), n. 1. Something of secondary or subordinate importance. 2. Criminal law. A person who aids or contributes in the commission or concealment of a crime . An accessory is usu. liable only if the crime is a felony. Cf. PRINCIPAL (2).

accessory- "In most jurisdictions, the common-law distinctions between principals and accessories have largely been abolished, although the pertinent statutes vary in form and substance. Conceptually, the common-law pattern remains the same: The person who aids, abets, commands, counsels, or otherwise encourages another to commit a crime is still regarded as a party to the underlying crime16 accessory building as at common law, even though the labels principal in the first degree, principal in the second degree, and accessory before the fact are no longer used, and even though it usually does not matter whether the aider and abettor is or is not present at the scene of the crime." 1 Charles E. Torcia, Wharton'S Criminal Law § 35, at 202-03 (l5th ed. 1993

accessory building A building separate from but complementing the main structure on a lot, such as a garage .The question whether a structure is an "accessory building" is often litigated in zoning disputes.

accessory after the fact An accessory who was not at the scene of the crime but knows that a crime has been committed and who helps the offender try to escape arrest or punishment. 18 USCA 3. - Most penal statutes establish the folloWing four requirements: (1) someone else must have committed a felony, and it must have been completed before the accessory's act; (2) the accessory must not be guilty as a principal; (3) the accessory must personally help the principal try to avoid the consequences of the felony; and (4) the accessory's assistance must be rendered with guilty knowledge. An accessory after the fact may be prosecuted for obstructing justice. - Sometimes shortened to accessory after. "At common law, an accessory after the fact is one who, knowing that a felony has been committed by another, receives, relieves, comforts, or assists the felon, or in any manner aids him to escape arrest or punishment. To be guilty as an accessory after the fact one must have known that a completed felony was committed, and that the person aided was the guilty party. The mere presence of the defendant at the scene of the crime will not preclude a conviction as an accessory after the fact, where the evidence shows the defendant became involved in the crime after its commission." 21 Am. jur. 2d Criminal Law 209, at 275-76 (1998).

accessory at the fact See principal in the second degree under PRINCIPAL (2). "A principal in the second degree is one by whom the actual perpetrator of the felony is aided and abetted at the very time when it is committed; for instance, a car· owner sitting beside the chauffeur who kills someone by over-fast driving, or a passenger on a dandestinejoy-riding expedition which results in manslaughter; or a bigamist's second 'wife,' if she knows he is committing bigamy. (In early law he was not ranked as a principal at ali, but only as a third kind of accessory the accessory at the fact.)" j.W. Cecil Turner, Kenny's Outlines of Criminal Law 86 (l6th ed.1952).

accessory before the fact An accessory who assists or encourages another to commit a crime but who is not present when the offense is actually committed. Most jurisdictions have abolished this category of accessory and instead treat such an offender as an accomplice. - Sometimes shortened to accessory before. See ACCOMPLlCE. "An accessory before the fact is a person who procures or advises one or more of the principals to commit the felony. This definition requires from him an instigation so active that a person who is merely shown to have acted as the stake-holder for a prize-fight, which ended fatally, would not be punishable as an accessory. The fact that a crime has been committed in a manner different from the mode which the accessory had advised will not excuse him from liability for it. Accordingly if A hires B to poison C, but B instead kills C by shooting him, A is none the less liable as accessory before the fact to COs murder. But a man who has counselled a crime does not become liable as accessory if, instead of any form of the crime suggested, an entirely different offence is committed." J.W. Cecil Turner, Kenny's Outlines of Criminal Law 88 (16th ed. 1952).

accessory building See BUILDING.

accessory contract See CONTRACT.

accessory contract- A contract entered into primarily for the purpose of carrying out a principal contract. The principal types are suretyship, indemnity, pledge, warranty, and ratification. Cf. principal contract.

accessory obligation 1. An obligation that is incidental to another obligation, For example, a mortgage to secure payment of a bond is an acces¬ sory obligation. The primary obligation is to pay the bond itself. Cf. primary obligation (1). 2. See second¬ aryobligation.

accessory obligation See OBLlGATION.

accessory right See RIGHT.

accessory right A supplementary right that has been added to the main right that is vested in the same owner. For example, the right in a security is accessory to the right that is secured; a servitude is accessory to the ownership of the land for whose benefit the servitude exists. Cf. principal right.

accessory thing See THING.

accessory use See USE (1).

accessoryship The status or fact ofbeing an accessory. Also termed (loosely) accession.

access-to-justice commissiou An agency of a state's judicial system designed to encourage the judicial, executive, and legislative branches of government, the bar, law schools, legal-aid providers, and others to work together to proVide civil legal services to low-income citizens.

accident 1. An unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated. 2. Equity practice. An unforeseen and injurious occurrence not attributable to the victim's mistake, negligence, neglect, or misconduct; an unan ticipated and untoward event that causes harm. "The word 'accident,' in accident poliCies, means an event which takes place without one's foresight or expectation. A result, though unexpected, is not an accident; the means or cause must be accidental. Death resulting from voluntary physical exertions or from intentional acts of the insured is not accidental, nor is disease or death caused by the viciSSitudes of climate or atmosphere the result of an accident; but where, in the act which precedes an injury, something unforeseen or unusual occurs which produces the injury, the injury results through accident." 1A john Alan Appleman &jean Appleman, Insurance Law and Practice § 360, at 455 (rev. vol. 1981). "Policies of liability insurance as well as property and personal injury insurance frequently limit coverage to losses that are caused by 'accident.' In attempting to accommodate the layman's understanding of the term, courts have broadly defined the word to mean an occurrence which is unforeseen, unexpected, extraordinary, either by virtue of the fact that it occurred at all, or because of the extent of the damage. An aCCident can be either a sudden happening or a slowly evolving process like the percolation of harmful substances through the ground. Qualification of a particular incident as an accident seems to depend on two criteria; 1. the degree of foreseeability, and 2. the state of mind of the actor in intending or not intending the result." John F. Dobbyn, Insurance Law in a Nutshell 128 (3d ed. 1996).

accident and health insurance See health insurance.

accident and health insurance See health insurance under INSURANCE.

accident insurance Insurance that indemnifies against bodily injury caused by an accident. Covered losses may include expenses, time, suffering, or death. Cf. casualty insurance.

accident insurance See INSURANCE.

accident policy A type of business or personal policy that insures against loss resulting directly from accidental bodily injuries sustained during the policy term.

accident policy See INSURANCE POLICY.

accidental adj. 1. Not having occurred as a result of anyone's purposeful act; esp., resulting from an event that could not have been prevented by human skill or reasonable foresight. 2. Not having been caused by a tortious act.

accidental death See DEATH.

accidental death- A death that results from an unusual event, one that was not voluntary, intended, expected, or foreseeable. Also termed death by misadventure.

accidental harm See HARM.

accidental harm- 1. Harm not caused by a purposeful act. 2. Harm not caused by a tortious act.

accidental injury See INJURY.

accidental injury An injury resulting from external, violent, and unanticipated causes; esp., a bodily injury caused by some external force or agency operating contrary to a persons intentions, of events.

accidental killing Homicide resulting from a lawful act performed in a lawful manner under a reasonable belief that no harm could occur. Also termed death by misadventure; homicide by misadventure; killing by misadventure; homicide per infortunium. See justifiable homicide under HOMICIDE; involuntary manslaughter under MANSLAUGHTER. Cf. MALICIOUS KILLING.

accidental stranding Stranding caused by natural forces, such as wind and waves. Also termed involuntary stranding. See general average and particular average under AVERAGE. Damage to a vessel from involuntary stranding or wreck, and the cost of repairs, are particular average only. Where, however, the ship and cargo are exposed to a common peril by the accidental stranding, the expenses of unloading and taking care of the cargo, rescuing the vessel, reloading the cargo, and other expenses other than repairs requisite to enable the vessel to proceed on the voyage, are brought into general average, proVided the vessel and cargo were saved by the same series of measures during the continuance of the common peril which created the joint necessity for the expenses." 70 Am.Jur. 2d Shipping § 961, at 1069 (1987).

accidental stranding See STRANDING.

accidental-death benefit An insurance-policy provision that allows for an additional payment (often double the face amount of the policy) if the insured dies as a result of an accident, as defined in the policy, and not from natural causes. Abbr. ADB.

accidentalia (ak-si-den-tay-lee-a). [Law Latin "accidental things"] Hist. Incidents ofa contract; nonessential contractual terms to which the parties expressly stipulate. Cf. ESSENTALIA. "Accidentalia have their existence entirely by express stipu· lation, and are never presumed without it." William Bell, Bel/'S Dictionary and Digest of the Law of Scotland 406 (George Watson ed., 7th ed. 1890).

accidentalia feudi (ak-si-den-tay-lee-a fyoo-dl). [Law Latin] Hist. All nonessential terms in a feudal contract; esp., those that are not essential to the fee (such as building restrictions). Cf. ESSENTIALIA FEUDl.

accident-based insurance See occurrence-based liability insurance under INSURANCE.

accidere (ak-sid-ar-ee), vb. [Latin] Civil law. 1. To fall down. 2. By extension, to befall or happen to.

accipe ecclesiam (ak-si-pee e-klee-z[h]ee-am). [Law Latin], Hist. Eccles. law. Receive this church or living.The phrase was used by Patrons in presenting an incumbent to a vacant parish. Trado tibi ecclesiam ("I deliver this church [or living] to you") was also used. Cf. TRADO TIBI ECCLESIAM.

accipere (ak-sip-ar-ee), vb. [Latin] Civil law. To receive; esp., to take under a wilL

accipitare (ak-sip-a-tair-ee), vb. [Law Latin] Hist. To pay (a lord) in order to become a vassal; esp., to pay relief upon succeeding to an estate.

acclamation Parliamentary law. 1. Approval or election by general consent, usu. demonstrated by applause or cheering. Election by acclamation is common in large conventions where only one candidate has been nominated. 2. Voting by applause or shouting.

accola (ak-a-la], n. [Latin "person living nearby"] 1. Roman law. A person who inhabits or occupies land near a certain place, such as one who dwells near a river. 2. Hist. An agricultural tenant; a tenant of a manor.

accomenda (ak-a-men-da). Hist. Maritime law. A contract between a cargo owner and a shipmaster whereby the parties agree to sell the cargo and divide the profits (after dedUCting the owner's costs).This contract actually consists of two agreements: a mandatum, by which the owner gives the shipmaster the power to dispose of the cargo, and a partnership contract, by which the parties divide any profits arising from the sale. See MANDATE (5).

accommodated party A party for whose benefit an accommodation party signs and incurs liability. Cf. ACCOMMODATION PARTY.

accommodation 1. A loan or other financial favor. 2. The act of signing an accommodation paper as surety for another. See ACCOMMODATION PAPER. 3. The act or an instance of making a change or provision for someone or something; an adaptation or adjustment. 4. A convenience supplied by someone; esp., lodging and food.

accommodation acceptance The acceptance of an offer to buy goods for current or prompt shipment by shipping nonconforming goods after notifying the buyer that the shipment is intended as an accommodation.o This type of "acceptance" is not truly an acceptance under contract law, but operates instead as a counteroffer if the buyer is duly notified.

accommodation acceptance- See ACCEPTANCE (4).

accommodation bill See ACCOMMODATION PAPER.

accommodation director See dummy director under DIRECTOR.

accommodation indorsement See INDORSEMENT.

accommodation indorsement- An indorsement to an instrument by a third party who acts as surety for another party who remains primarily liable. See ACCOMMODATION PAPER.

accommodation indorser See INDORSER.

accommodation indorser- An indorser who acts as surety for another person.