1st edition Nolo’s Plain-English Law Dictionary By the Editors of Nolo, Gerald N. Hill and Kathleen Thompson Hill Products & Services “In Nolo you can trust.” —THE NEW YORK TIMES Books & Software Nolo’s Aim: Nolo publishes hundreds of great books and software programs to make the law… on the topics consumers and business owners want to know about. And every one of them is available in print or as a easy-to- download at Nolo.com. understand Plain-English Legal Dictionary aff ordable Free at Nolo.com. Stumped by jargon? Look it up in America’s most up-to-date source for defi nitions of cutting hassle free edge legal terminology. Emphatically not your grandmother’s law dictionary! Keep Up to Date! Legal Encyclopedia Old law is often bad law. Free at Nolo.com. 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From there in a jam.” fees and experience to legal philosophy, education and special —NEWSWEEK expertise, you’ll fi nd all the information you need to pick a lawyer who’s a good fi t. 1st edition Nolo’s Plain-English Law Dictionary By the Editors of Nolo, Gerald N. Hill and Kathleen Thompson Hill FIRST EDITION MAY 2009 Editor SHAE IRVING Cover Design SUSAN PUTNEY Book Design TeRRI HeARSH Proofreading ROBERT WELLS Printing DelTA PRINTING SOLUTIONS, INC. Nolo’s plain-English law dictionary / by the editors of Nolo and Gerald and Kathleen Hill. -- 1st ed. p. cm. ISBN-13: 978-1-4133-1037-5 (pbk.) ISBN-10: 1-4133-1037-0 (pbk.) 1. Law--United States--Dictionaries. I. Hill, Gerald N. II. Hill, Kathleen, 1941- III. Nolo (Firm) IV. Title: Plain-English law dictionary. KF156.N654 2009 349.7303--dc22 2009011279 Copyright © 2009 by Nolo. All rights reserved. The NOLO trademark is registered in the U.S. Patent and Trademark Office. Printed in the U.S.A. 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, or otherwise, without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. Quantity sales: For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. For academic sales or textbook adoptions, ask for Academic Sales. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, California 94710. Your Legal Companion Like it or not, legal terms are everywhere, of the latest twists in legal language. We’re demanding our attention. When you rent committed to finding and defining the an apartment, are you the lessor or the important terms that aren’t contained in lessee? When you read a newspaper article other legal dictionaries. And we’ll keep about a politician embroiled in scandal, adding new terms to the online version what does it mean that a grand jury has of this dictionary, which you can find been convened? If a state trooper pulls at www.nolo.com. You can also use this you over, and the speeding ticket says you dictionary on your iPhone—just check must post bail, what is it talking about? the iTunes Store. To make sense of words like these, turn Here’s another quick tip to help you use to Nolo. It’s our mission to put the law this book: If you’re looking for a term that into everyday, understandable language. starts with a number, like “410(k) plan” We’ve been doing it for almost 40 years— or “1031 exchange,” you’ll find it spelled and now we’re tackling legal language one out as a word. For example, to find “1031 word at a time. Nolo’s Plain-English Law exchange” look it up as though it’s spelled Dictionary includes nearly 4,000 legal “ten-thirty-one exchange.” terms, old and brand new. More than 15 lawyers and a talented Just a few years ago, legal terms like support staff have worked together to “cramdown,” “phishing,” “CSI effect,” and bring you Nolo’s Plain-English Law “coho” didn’t exist or were rarely used in Dictionary. We hope you’ll find it both everyday conversation. Here, you’ll find useful and entertaining. clear definitions of these and many more l v Contributors Keith Bauerle worked at Nolo and especially for same-sex couples. She is the contributed to this dictionary while coauthor of several Nolo books, including attending law school at UC Berkeley. Nolo’s Essential Guide to Divorce, Becoming After graduating, he clerked for the High a Mediator, Do Your Own California Court of American Samoa and practiced Adoption, and How to Change Your Name environmental law with the Denver office in California. of Earthjustice. He currently practices Diana Fitzpatrick Diana worked on environmental and land use law in the municipal finance issues at the San San Diego City Attorney’s office. Francisco City Attorney’s office before Ilona Bray Illona’s legal background joining Nolo. She also worked at a law includes solo practice as well as experience firm in New York for several years before in the nonprofit and corporate worlds. She moving to the Bay Area. Diana is a has written or coauthored several Nolo graduate of New York University School titles, including Effective Fundraising for of Law and Barnard College. Nonprofits, Becoming a U.S. Citizen, and Lisa Guerin During her years as a law Nolo’s Essential Guide to Buying Your First student at the University of California Home. at Berkeley, Lisa worked for Nolo as a Catherine Caputo Before joining Nolo, research and editorial assistant. After Cathy was an attorney in private practice a stint as a staff attorney at the U.S. assisting start-up and small business Court of Appeals for the Ninth Circuit, clients with a wide range of legal needs. Lisa has worked primarily in the field of She edits small business books and soft- employment law, in both government ware and also focuses on issues affecting and private practice. Lisa rejoined Nolo seniors, such as Social Security benefits in 2000 and is the coauthor of several and retirement. Cathy received her law employment titles, including Create Your degree, with honors, from the University Own Employee Handbook and Dealing of San Francisco School of Law. With Problem Employees. Emily Doskow Emily is a Nolo author Gerald N. Hill and Kathleen Thompson and editor, and a mediator and attorney Hill Gerald has practiced law in San in private practice in Berkeley, California, Francisco’s financial district and in a specializing in adoption and family law, small town; has served as a pro tem judge, vii arbitrator, university law instructor, and Bethany K. Laurence Beth graduated executive director of a state agency; and from Hastings College of the Law at has drafted legislation. He has a B.A. in the University of California in 1993. political science from Stanford University She spent several years working for a and a J.D. from the University of corporate legal publisher before coming California, Hastings College of the Law. to Nolo. She joined Nolo’s editorial staff Kathleen is a journalist and language in 1997 and has never been happier. Beth analyst, who writes a weekly newspaper is the coauthor of Nolo’s Business Buyout column, was a Coro Fellow in Public Agreements and the editor of many of Affairs, served on a grand jury, and Nolo’s small business books. chaired two municipal commissions. Janet Portman Janet received under- She earned a B.A. at the University of graduate and graduate degrees from California, a degree from the Sorbonne, Stanford University and a law degree Paris, and an M.A. in political psychology from the University of Santa Clara. She from Sonoma State University. was a public defender before coming Together, the Hills have coauthored to Nolo. Janet is Nolo’s managing 28 books, including The Encyclopedia editor, the author of Every Landlord’s of Federal Agencies and Commissions, Guide to Finding Great Tenants, and the The Facts on File Dictionary of American coauthor of many Nolo titles, including Politics, and The Real Life Dictionary of the Every Landlord’s Legal Guide, Every Law. They have taught at the University Tenant’s Legal Guide, Renters’ Rights, and of British Columbia, University of Negotiating the Best Lease for Your Business. Victoria, and Sonoma State University, and were visiting scholars at the Institute Mary Randolph Mary has been editing of Governmental Studies at the University and writing Nolo books and software of California, Berkeley. for more than a decade. She earned her law degree from Berkeley Law (Boalt Shae Irving Shae graduated from Berkeley Hall), and her undergraduate degree Law (Boalt Hall) in 1993 and began at the University of Illinois.