Websters new world law dictionary

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 A the combined value of all bequests and devises, and/or the debts owed by a testator, 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 abated. 3 The amount abated. AAA abbr. See American Arbitration Association. AALS abbr. See Association American Law Schools. ABA abbr. Association. See American of Bar abandon v. 1 To intentionally give up for all time an assertion or a claim of an interest in property or in a right or privilege. 2 To repudiate, withdraw from, or otherwise disassociate oneself from a duty or responsibility. 3 To intentionally fail to complete. abandoned property See property. abandonee n. A person or party to whom property or a right has been abandoned or relinquished. abandonment n. 1 The act of abandoning property or a right with no intent of reclaiming it or of later giving it away or selling it. See also forfeiture, relinquishment, renunciation, surrender, and waiver. 2 The act of abandoning a person with the intent of terminating the duties or him or her. For example, the intentional failure by a parent to communicate with or to provide financial or other support to his children. See also desertion. abate 1 v. To end, eliminate, do away with, or make null and void. 2 v. To diminish, decrease, or lessen in degree or amount. 3 n. The reduction of a bequest or devise made in a will because 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 premises. abator n. A person who diminishes or eliminates a nuisance. ABC test n. A rule of law that allows employers not to provide unemployment compensation to independent contractors. The test for whether an individual is an independent contractor as opposed to an employee is threefold: 1) does the individual work independently of the employer’s control (A = alone); 2) does the individual maintain his own place of business (B = business); and 3) does the individual practice or work at an established trade, and exercise control over his own schedule and method of operation (C = control)? The name derives from the letters normally used to designate the three parts of the test. See contractor. abdication n. The act of a person or branch of government renouncing or abandoning an office, trust, sovereignty, privileges, or duties to which he or she is entitled, holds, or possesses by law. abduct v. 1 To carry or lead a person away from where he wants to be or wants to go by use of force, threats, or deception. 2 To restrain or conceal a person in order to prevent his escape or rescue. See also kidnapping. abet v. To actively, knowingly, and/or intentionally aid, encourage, incite, instigate, or otherwise support the commission of an act. 04_542109 ch01.qxp 3/28/06 12:16 PM Page 4 abeyance 4 abeyance n. 1 An indefinite or temporary state of inactivity or suspension. 2 An incomplete or undetermined state of existence. 3 The status of real property or of a position or title when its ownership or occupancy is not vested in any existing person or party. abortion n. 1 The premature termination of a pregnancy. 2 The intentional and artificial termination of a pregnancy that destroys an embryo or fetus. 3 The spontaneous expulsion of an embryo or fetus before it is capable of living outside the womb. abide v. 1 To await. 2 To accept or submit to. 3 To tolerate or withstand. 4 To adhere, execute, obey, perform, or otherwise act in conformity with. 5 To dwell, remain, reside, or stay. above adv. 1 Previously in the same chapter, document, or text. For example, a reference to a court case cited earlier in the same document. 2 Having the power to review the decisions regarding questions of fact and/or law made in a court. For example, appellate courts, such as the United States Supreme Court, are above, or can review, the decisions made by one or more trial courts. See jurisdiction, question of fact, and question of law. abiding adj. Certain; indestructible; permanent; steadfast; unaltering; unfaltering; unshakeable. ab initio adv. Latin. From the first act. From the beginning; back to one’s creation or inception. abnormally dangerous activity n. An undertaking so dangerous that, even if precautions and reasonable care are used, it cannot be safely performed and anyone who engages in it is strictly liable for any resulting injuries and damage, especially if 1) there is a risk of serious harm to people or property, 2) the activity cannot be performed in some other way that avoids those risks, and 3) the undertaking does not normally occur at the location where it is to take place. See also liability. abode 1 n. A dwelling, home, or other fixed place where a person resides. 2 v. Past tense and past participle of abide. abolish v. To abrogate, annul, cancel, eliminate, put an end to, recall, repeal, or revoke, especially things of a seemingly permanent nature, such as customs, institutions, and usages. abolition n. 1 The act of abolishing. 2 The legal abolition and prohibition of slavery. 3 The abolition of slavery in the United States by the Thirteenth Amendment to the United States Constitution. abridge v. 1 To diminish, lessen, or restrict a legal right. 2 To condense or shorten the whole of something, such as a book, and not merely a portion of it. abrogate v. 1 To annul, cancel, destroy, overturn, repeal, revoke, set aside, supercede, or otherwise do away with or put an end to. 2 To abolish a custom or law by some authoritative, formal, legislative, or other legally effective method. abscond v. 1 To secretly or suddenly leave a place or to go into hiding, especially to avoid arrest, prosecution, the service of a summons or other legal process, or an action by a creditor. 2 To leave a location, often in a hurry, with money or property of another. absent without leave n. The act of being away from one’s military duties or post without permission but with no intent of deserting. Abbreviated as AWOL. See also desertion. absentee n. A person who is not where he or she would normally be found, such as a place of residence or work.