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Law-Dictionary.Pdf 01_542109 ffirs.qxp 3/28/06 12:15 PM Page iii TM Law Dictionary by Susan Ellis Wild, Legal Editor 01_542109 ffirs.qxp 3/28/06 12:15 PM Page ii 01_542109 ffirs.qxp 3/28/06 12:15 PM Page i TM Law Dictionary 01_542109 ffirs.qxp 3/28/06 12:15 PM Page ii 01_542109 ffirs.qxp 3/28/06 12:15 PM Page iii TM Law Dictionary by Susan Ellis Wild, Legal Editor 01_542109 ffirs.qxp 3/28/06 12:15 PM Page iv Webster’s New World® Law Dictionary Copyright © 2006 by Wiley, Hoboken, NJ Published by Wiley, Hoboken, NJ Published simultaneously in Canada No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax 978-646-8600, or on the web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Legal Department, Wiley Publishing, Inc., 10475 Crosspoint Blvd., Indianapolis, IN 46256, 317-572-3447, fax 317-572-4355, or online at http://www.wiley.com/go/permissions. The publisher and the author make no representations or warranties with respect to the accuracy or completeness of the contents of this work and specifically disclaim all warranties, including without limitation warranties of fitness for a particular purpose. No warranty may be created or extended by sales or promotional materials. The advice and strategies contained herein may not be suitable for every situation. This work is sold with the understanding that the publisher is not engaged in ren- dering legal, accounting, or other professional services. If professional assistance is required, the ser- vices of a competent professional person should be sought. Neither the publisher nor the author shall be liable for damages arising herefrom. The fact that an organization or Website is referred to in this work as a citation and/or a potential source of further information does not mean that the author or the publisher endorses the information the organization or Website may provide or recommendations it may make. Further, readers should be aware that Internet Websites listed in this work may have changed or disappeared between when this work was written and when it is read. Trademarks: Wiley, the Wiley Publishing logo, Webster’s New World, the Webster’s New World logo, and all related trademarks, logos, and trade dress are trademarks or registered trademarks of John Wiley & Sons, Inc. and/or its affiliates. All other trademarks are the property of their respective own- ers. Wiley Publishing, Inc. is not associated with any product or vendor mentioned in this book. For general information on our other products and services or to obtain technical support, please con- tact our Customer Care Department within the U.S. at 800-762-2974, outside the U.S. at 317-572-3993, or fax 317-572-4002. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. For more information about Wiley products, please visit our web site at www.wiley.com. Library of Congress Cataloging-in-Publication data is available from the publisher upon request. ISBN-13 978-0-7645-4210-7 ISBN-10 0-7645-4210-9 Manufactured in the United States of America 10 9 8 7 6 5 4 3 2 1 01_542109 ffirs.qxp 3/28/06 12:15 PM Page v Dedication To my mother, an original Webster, who gave me my love of words. 01_542109 ffirs.qxp 3/28/06 12:15 PM Page vi 01_542109 ffirs.qxp 3/28/06 12:15 PM Page vii About the Author Susan Ellis Wild has been a practicing lawyer since 1982, and currently is a fulltime litigator in Allentown, Pennsylvania. She is President of the 600+ member Bar Association of Lehigh County, Pennsylvania. Susan has litigated more than 100 cases and frequently writes and speaks to audiences about law-related topics. She has been appointed by courts on numerous occasions to act as an independent arbitrator/media- tor of cases. Susan is admitted to the Bars of Pennsylvania, the District of Columbia, and Maryland, and has appeared in courts in a number of other states. 01_542109 ffirs.qxp 3/28/06 12:15 PM Page viii 02_542109 ftoc.qxp 3/28/06 12:15 PM Page ix Table of Contents Part I: Dictionary. 1 Part II: Appendices . 281 Abbreviations . 283 Foreign Words and Phrases . 291 The Constitution of the United States . 303 02_542109 ftoc.qxp 3/28/06 12:15 PM Page x 03_542109 pt01.qxp 3/28/06 12:16 PM Page 1 Part I DICTIONARY 03_542109 pt01.qxp 3/28/06 12:16 PM Page 2 04_542109 ch01.qxp 3/28/06 12:16 PM Page 3 the combined value of all bequests and devises, and/or the debts owed by a tes- tator, exceed the assets in the testator’s estate. 4 n. The rebate or reduction of taxes already assessed and/or paid. abatement n. 1 The act of abating. 2 The process of, or the state of, being A abated. 3 The amount abated. abatement clause n. A contractual provision releasing the tenant of a lease from the obligation to pay rent when an act of God prevents the occupancy of the AAA abbr. See American Arbitration premises. Association. abator n. A person who diminishes or AALS abbr. See Association of eliminates a nuisance. American Law Schools. ABC test n. A rule of law that allows ABA abbr. See American Bar employers not to provide unemployment Association. compensation to independent contrac- tors. The test for whether an individual abandon v. 1 To intentionally give up is an independent contractor as opposed for all time an assertion or a claim of an to an employee is threefold: 1) does the interest in property or in a right or priv- individual work independently of the ilege. 2 To repudiate, withdraw from, employer’s control (A = alone); 2) does or otherwise disassociate oneself from a the individual maintain his own place of duty or responsibility. 3 To intention- business (B = business); and 3) does the ally fail to complete. individual practice or work at an estab- lished trade, and exercise control over abandoned property See property. his own schedule and method of opera- abandonee n. A person or party to tion (C = control)? The name derives whom property or a right has been aban- from the letters normally used to desig- doned or relinquished. nate the three parts of the test. See contractor. abandonment n. 1 The act of aban- doning property or a right with no intent abdication n. The act of a person or of reclaiming it or of later giving it away branch of government renouncing or or selling it. See also forfeiture, relin- abandoning an office, trust, sovereignty, quishment, renunciation, surrender, privileges, or duties to which he or she and waiver. 2 The act of abandoning a is entitled, holds, or possesses by law. person with the intent of terminating the abduct v. 1 To carry or lead a person duties or him or her. For example, the away from where he wants to be or intentional failure by a parent to com- wants to go by use of force, threats, or municate with or to provide financial or deception. 2 To restrain or conceal a other support to his children. See also person in order to prevent his escape or desertion. rescue. See also kidnapping. abate 1 v. To end, eliminate, do away abet v. To actively, knowingly, and/or with, or make null and void. 2 v. To intentionally aid, encourage, incite, diminish, decrease, or lessen in degree instigate, or otherwise support the com- or amount. 3 n. The reduction of a mission of an act. bequest or devise made in a will because 04_542109 ch01.qxp 3/28/06 12:16 PM Page 4 abeyance 4 abeyance n. 1 An indefinite or tempo- abortion n. 1 The premature termina- rary state of inactivity or suspension. tion of a pregnancy. 2 The intentional 2 An incomplete or undetermined state and artificial termination of a pregnancy of existence. 3 The status of real prop- that destroys an embryo or fetus. 3 The erty or of a position or title when its spontaneous expulsion of an embryo or ownership or occupancy is not vested in fetus before it is capable of living outside any existing person or party. the womb. abide v. 1 To await. 2 To accept or above adv. 1 Previously in the same submit to. 3 To tolerate or withstand. chapter, document, or text. For example, 4 To adhere, execute, obey, perform, or a reference to a court case cited earlier otherwise act in conformity with. 5 To in the same document. 2 Having the dwell, remain, reside, or stay. power to review the decisions regarding questions of fact and/or law made in a abiding adj. Certain; indestructible; court. For example, appellate courts, permanent; steadfast; unaltering; unfal- such as the United States Supreme tering; unshakeable. Court, are above, or can review, the deci- ab initio adv. Latin. From the first act. sions made by one or more trial courts. jurisdiction, question of fact, From the beginning; back to one’s cre- See and question of law.
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