text
stringlengths 5.06k
13.9k
|
|---|
clarify the description
and to establish a date of invention in the event of an
interference. [Cases: Patents C=>90(6).]
working papers. 1. WORK PERMIT; esp., an employment
certificate or permit required of an employer in some
states before a minor may be hired. 2. Accounting. The
records kept by an independent auditor of the proce
dures followed, tests performed, information obtained,
and conclusions reached in an audit. A reviewer
may evaluate the quality of an audit by examining the
working papers.
work-in-process. A product being manufactured or
assembled but not yet completed. -Abbr. WIP. -Also
termed work-in-progress.
work made for hire. See work for hire under WORK (2).
workmen's compensation. See WORKERS' COMPENSA
TION.
work ofauthorship. See WORK (2).
work of necessity. See WORK (1).
work of the United States government. See WORK (2).
workout, n. 1. The act of restructuring or refinancing
overdue loans. 2. Bankruptcy. A debtor's agreement,
usu. negotiated with a creditor or creditors out ofcourt,
to reduce or discharge the debt. work out, vb.
work permit. An alien's documentary work authoriza
tion from the Immigration and Naturalization Service.
Under the Immigration Reform and Control Act of
1986, it is illegal for an employer to hire an alien who
lacks a work permit. 8 USCA 1324(a)(1). Also
termed working papers.
workpiece. Patents. The embodiment of an invention,
usu. a device, as the patent claims describe how to make
and use it. [Cases: Patents C=> 165(4).]
workplace. A person's place of employment or work
setting in general. See SAFE WORKPLACE.
1746 work product
work product. (1947) Tangible material or its intangible
equivalent in unwritten or oral form that was
either prepared by or for a lawyer or prepared for liti
gation, either planned or in progress. -Work product
is generally exempt from discovery or other com
pelled disclosure. The term is also used to describe the
products ofa party's investigation or communications
concerning the subject matter of a lawsuit if made (1)
to assist in the prosecution or defense ofa pending suit,
or (2) in reasonable anticipation of litigation. Fed. R.
Evid.26. Also termed attorney work product. [Cases:
Criminal Law~627.5(6); Federal Civil Procedure
1604; Pretrial Procedure ~35,358.]
core work product. See opinion work product.
fact work product. A lawyer's tangible work product
that includes facts but not the lawyer's mental impres
sions. _ Fact work product is subject to a qualified
privilege. It is not discoverable unless the party
seeking discovery can show (1) a substantial need for
the materials and (2) an inability to acquire the infor
mation by any other means without undue hardship.
See Fed. R. Evid. 26(b)(3). -Also termed ordinary
work product. [Cases: Criminal Law ~~627.5(6);
Federal Civil Procedure 1604; Pretrial Proce
dure 358.]
opinion work product. A lawyer's opinions, mental
impressions, conclusions, and legal theories arising
from a client's case. -An adversary usu. cannot
gain access to this work product despite showing
substantial need and undue hardship. Fed. R. Evid.
26(b)(3). -Also termed core work product. [Cases:
Criminal Law ~627.5(6); Federal Civil Procedure
~1604; Pretrial Procedure 358.]
ordinary work product. Seefact work product.
work-product rule. (1954) The rule providing for quali
fied immunity ofan attorney's work product from dis
covery or other compelled disclosure. Fed. R. Civ. P.
26(b)(3). _ The exemption was primarily established
to protect an attorney's litigation strategy. Hickman v.
Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). Also termed
work-product immunity; work-product privilege; work
product exemption; attorney-work-product privilege.
[Cases: Criminal Law~627.5(6); Federal Civil Pro
cedure (,':::> 1604; Pretrial Procedure
"Although the work-product rule has often been spoken of
as creating a 'privilege,' it is a qualified one that does not
grant full immunity from discovery. To the extent the term
'privilege' causes confusion between the work-product rule
and the absolute privilege for confidential communica
tions between attorney and client, it is important to keep
in mind this distinction.... Rule 26(b)(3) provides that
work-product material is subject to discovery 'only upon a
showing that the party seeking discovery has substantial
need of the materials in the preparation of the party's case
and that the party is unable without undue hardship to
obtain the substantial equivalent of the materials by other
means.'" 8 Charles Alan Wright et aI., Federal Practice and
Procedure 2025, at 371, 373-74 (2d ed. 1994).
work-release program. (1964) A correctional program
allOWing a prison inmate -primarily one being readied
for discharge - to hold a job outside prison. Also termed work-furlough program. See HALFWAY HOUSE.
[Cases: Prisons ~174.]
works. 1. A mill, factory, or other establishment for
manufacturing or other industrial purposes; a manu
facturing plant; a factory. 2. Any building or structure
on land. _ Some states also include structures built in
the sea, such as offshore-drilling platforms.
new works. Civil law. A structure newly commenced
on a particular estate. - A denunciation of new
works is a remedy allowed for an adjacent landowner
whose property will be injured ifthe structure is com
pleted.
public works. Structures (such as roads or dams) built
by the government for public use and paid for by
public funds. [Cases: States ~83.]
work stoppage. A cessation ofwork; STRIKE.
world. 1. The planet Earth <the world has limited natural
resources>. 2. All the Earth's inhabitants; the public
generally <the world will benefit from this discovery>.
3. All persons who have a claim or acquire an interest
in a particular subject matter <a judgment in rem binds
all the world>.
World Bank. A U.N. specialized agency established in
1945 to prOVide loans that aid in economic develop
ment, through economically sustainable enterprises.
-Its capital derives from both U.N. member states and
loans on the open market. Also termed International
Bankfor Reconstruction and Development. [Cases:
International Law ~10.45(2).]
World Court. See INTERNATIONAL COURT OF JUSTICE.
world fund. See globalfund under MUTUAL FUND.
World Intellectual Property Organization. An agency
of the United Nations Educational, Scientific, and
Cultural Organization formed in 1967 to (1) promote
intellectual-property protection worldwide through
cooperation among nations, and (2) administer mul
tilateral treaties dealing with legal and administrative
aspects of intellectual property. -The organization's
headquarters are in Geneva, Switzerland. Abbr.
WIPO.
worldly, adj. Of or relating to the present state of exis
tence; temporal; earthly <worldly possessions>. See
SECULAR.
World Trade Organization. The body charged with
enforcing intellectual-property provisions of the
GATT treaty. _ WTO comprises the signatories ofthe
Uruguay Round of GATT negotiations. Abbr. WTO.
See TRIPS.
worldwide military-locator service. A search service
that locates the current duty station of a member ofany
branch of the United States military services, esp. for
enforcing the service member's child-support obliga
tions. _ Each branch of the armed forces maintains a
worldwide locator service that is available to military
and nonmilitary persons, their counsel, and Title
IV-D agencies. Use of the locator service requires the
member's full name and social-security number.
1747
worship. 1. Any form of religious devotion, ritual, or
service showing reverence, esp. for a divine being or
supernatural power <freedom of worship>. [Cases:
Religious Societies (;= 1.]
public worship, 1. Worship conducted by a religious
society according to the society's system ofecclesias
tical authority, ritual propriety, and rules and regula
tions. 2. Worship under public authority. 3. Worship
in a public place, without privacy or concealment.
4. Worship allowed by all members of the public
equally.
2. English law. A title of honor or dignity used in
addreSSing certain magistrates or other high officers.
The title is always preceded by a possessive pronoun,
usu. your <your worship>.
wort (wdrt), n. Archaic. A country farm; a curtilage.
Also termed worth.
worth, n. (bef. 12c) 1. The monetary value of a thing; the
sum of the qualities that render a thing valuable and
useful, expressed in the current medium of exchange.
2. The emotional or sentimental value ofsomething. 3.
The total wealth held by a person or entity.
net tangible worth. A corporation's net physical value,
calculated by subtracting the liabilities from the value
ofthe tangible assets then dividing by the number of
outstanding shares.
net worth. A measure of one's wealth, usu. calculated
as the excess of total assets over total liabilities.
Also termed net assets. [Cases: Internal Revenue
4530.]
tangible worth. The amount ofwealth held in the form
of physical, valuable assets, such as cash and equip
ment.
4. WORT.
worthier-title doctrine. (I935) 1. Hist. The common-law
doctrine that ifa beneficiary ofa will would receive an
identical interest as an heir under the laws ofintestacy,
the person takes the interest as an heir rather than as a
beneficiary. The doctrine has been abolished in most
states. [Cases: Wills C=713.] 2. Property. The doctrine
that favors a grantor's intent by construing a grant as
a reversion in the grantor instead of as a remainder in
the grantor's heirs. -Also termed doctrine ofworthier
title. See REMAINDER; REVERSION.
worthiest of blood, n. lIist. Of or relating to males,
because of the preference given them in the laws of
descent. See PRIMOGENITURE.
"Thus sons shall be admitted before daughters; or, as
our male lawgivers have somewhat uncomplaisantly
expressed it, the worthiest blood shall be preferred. As if
John Stiles hath two sons, Matthew and Gilbert, and two
daughters, Margaret and Charlotte, and dies; first Matthew,
and (in case of his death without issue) then Gilbert shall
be admitted to the succession in preference to both the
daughters: 2 William Blackstone, Commentaries on the
Laws ofEngland 213 (1766).
worthless, adj. Totally lacking worth; of no use or
value. writ
worthless check. See bad check under CHECK.
worthless person. Archaic. A person who owns
nothing.
worthless security. See SECURITY.
worthy, adj. Having worth; possessing merit; valuable.
wounded feelings. (i8c) Injuries resulting from insults,
indignity, or humiliation, as distinguished from the
usual mental pain and suffering consequent to physical
injury. [Cases: Damages (;=;57.11,57.17,57.24.]
wounding. (I4c) 1. An injury, esp. one involVing a
rupture ofthe skin. 2. An injury to feelings or reputa
tion. 3. Hist. A n aggravated type ofassault and battery
in which one person seriously injures another.
wrap account. See ACCOUNT.
wraparound mortgage. See MORTGAGE.
wrap-fee account. See wrap account under ACCOUNT.
wreck, n. 1. SHIPWRECK. 2. Goods cast ashore from a
wrecked vessel and not claimed by the owner within a
specified period (such as one year).
wreckfree, adj. (Of a port, etc.) exempt from the forfei
ture of shipwrecked goods and vessels to the Crown.
writ (rit). (bef. 12c) A court's written order, in the name
ofa state or other competent legal authority, command
ing the addressee to do or refrain from doing some
specified act. [Cases: Injunction (;=202.]
"[W]rits have a long history. We can trace their formal
origin to the Anglo-Saxon formulae by which the king
used to communicate his pleasure to persons and courts.
The Anglo-Norman writs, which we meet with after the
Conquest, are substantially the Anglo-Saxon writs turned
into Latin. But what is new is the much greater use made
of them, owing to the increase of royal power which came
with the Conquest." W.S. Holdsworth, Sources and Litera
ture ofEnglish Law 20 (1925).
alias writ. (18c) An additional writ issued after another
writ ofthe same kind in the same case . It derives its
name from a Latin phrase that formerly appeared in
alias writs: sicut alias praecipimus, meaning "as we at
another time commanded." Cf. alias execution under
EXECUTION. [Cases: Process C=45.]
alternative writ. (1827) A common-law writ com
manding the person against whom it is issued either
to do a specific thing or to show cause why the court
should not order it to be done. [Cases: Mandamus
C=158.]
close writ. Hist. 1. A royal writ sealed because the
contents were not deemed appropriate for public
inspection. Cf. patent writ; CLAliSE ROLLS. 2. A writ
directed to a sheriff instead of to a lord.
concurrent writ. A duplicate of an original writ (esp.
a summons), issued either at the same time as the
original writ |
concurrent writ. A duplicate of an original writ (esp.
a summons), issued either at the same time as the
original writ or at any time while the original writ
is valid.
counterpart writ. (1841) A copy of an original writ, to
be sent to a court in another county where the defen
dant is located.
1748 writ de haeretico comburendo
extraordinary writ. (17c) A writ issued by a court exer
cising unusual or discretionary power . Examples
are certiorari, habeas corpus, mandamus, and prohi
bition. Also termed prerogative writ. Cf. extraordi
nary relief under RELIEF. [Cases: Courts <::----=>207.]
ground writ. Hist. A writ issued in a county having
venue of an action in order to allow a writ of capias
ad satisfaciendum or offieri faCias to be executed
in a county where the defendant or the defendant's
property was found . These two writs could not be
executed in a county other than the county having
venue of the action until a ground writ and then a
testatum writ were first issued. This requirement was
abolished in 1852. Cf. TESTATUM.
judicial writ. (l6c) 1. A writ issuing from the court to
which the original writ was returnable; a writ issued
under the private seal ofthe court and not under the
great seal of England. Cf. original writ. 2. Any writ
issued by a court.
junior writ. (1839) A writ issued at a later time than a
similar writ, such as a later writ issued by a different
party or a later writ on a different claim against the
same defendant.
optional writ. (I8c) At common law, an original writ
issued when the plaintiff seeks specific damages, such
as payment ofa liquidated debt. The writ commands
the defendant either to do a specified thing or to show
why the thing has not been done.
original writ. (16c) A writ commencing an action and
directing the defendant to appear and answer . In
the United States, this writ has been largely super
seded by the summons. At common law, this type of
writ was a mandatory letter issuing from the court of
chancery under the great seal, and in the king's name,
directed to the sheriff ofthe county where the injury
was alleged to have occurred, containing a summary
statement ofthe cause ofcomplaint, and requiring the
sheriff in most cases to command the defendant to
satisfy the claim or else appear in court to account for
not satisfying it. Sometimes shortened to original.
See SUMMONS. [Cases: Process (;::::/8.]
patent writ (pay-t;::,nt). Hist. An open writ; one not
closed or sealed up. Cf. close writ.
peremptory writ (pJr-emp-tJ-ree). (18c) At common
law, an original writ issued when the plaintiff seeks
only general damages, as in an action for trespass .
The writ, which is issued only after the plaintiff gives
security for costs, directs the sheriff to have the defen
dant appear in court. [Cases: Mandamus (;::::/ 179.J
pluries writ. See PLURIES.
prerogative writ. See extraordinary writ.
testatum writ (tes-tay-tJm). See TESTATUM.
vicontiel writ (vI-kon-tee-Jl). Hist. A writ triable in the
county court. In the 13th-14th centuries, civilliti
gation could originate in the county court either by
oral plaint or by a writ from the Chancery ordering
the sheriff to do justice in a case. The writ that began such a proceeding was called vicontiel because it was
addressed to the sheriff. See VICONTIEL (2).
"Vicontiel writs were of two sorts, the one founded on Torts,
the other on Contracts. The vicontiel writs adapted for torts,
were those of trespass, replegiari facias, nuisance, and
others of the like nature; and those of matters of contract
were called writs ofjusticies, which was a command to the
sheriff to do justice between the parties ...." 1 George
Crompton, Practice CommonPlaced: Rules and Cases of
Practice in the Courts of King's Bench and Common Pleas
vii-viii (3d ed. 1787).
writ ofcapias. See CAPIAS.
writ de haeretico comburendo. See DE HAERETICO COM
BURENDO.
write down, vb. Accounting. To transfer part of the
balance (of an asset account) to an expense or loss
account to reflect the asset's diminished value.
write off, vb. Accounting. To transfer the entire balance
(of an asset account) to an expense or loss account to
reflect the asset's total loss of value <the partnership
wrote off the bad debt>. -write-off, n. See TAX WRITE
OFF. write-off, n.
writer. Securities. 1. A person or institution that sells
securities or futures option contracts. 2. See insurance
underwriter (1) under UNDERWRITER.
writer ofthe tallies. English law. An officer ofthe Exche
quer who writes on the tallies the letters oftellers' bills.
See TALLY.
Writer to the Signet. Scots law. 1. Hist. A member ofthe
College ofJustice, founded in 1532.2. A member ofan
Edinburgh society of solicitors who hold a few special
privileges in the preparation of official documents.
write-up, n. 1. A memorandum ofa conference between
an employer and an employee, usu. held to discuss the
employee's poor work performance or a diSciplinary
action against the employee. 2. A publication (such as
a newspaper article) about a particular person, thing,
or event.
write-up, vb. Accounting. To increase the valuation ofan
asset in a financial statement to reflect current value.
With a few minor exceptions, this is generally not
permitted.
writfifa. See TESTATUM (1).
writing, n. Any intentional recording of words that
may be viewed or heard with or without mechanical
aids. This includes hard-copy documents, electronic
documents on computer media, audio and videotapes,
e-mails, and any other media on which words can be
recorded.
signed writing. A writing to which a person's signature
has been affixed in some form. See SIGNATURE.
writing obligatory, n. A bond; a written obligation, as
technically described in a pleading.
writ ofad quod damnum. See AD QUOD DAMNUM.
writ ofaiel (aY-Jl). See AIEL (2).
writ of assistance. 1. A writ to enforce a court's decree
transferring real property, the title of which has been
1749 writ of injunction
previously adjudicated. [Cases: Assistance, Writ
1.] 2. Hist. A writ issued by the Court of Exchequer
ordering the sheriff to assist in collecting a debt owed
the Crown. 3. His!. In colonial America, a writ issued
by a superior colonial court authorizing an officer of
the Crown to enter and search any premises suspected
ofcontaining contraband. -The attempted use ofthis
writ in Massachusetts -defeated in 1761 was one of
the acts that led to the American Revolution.
writ of association. Hist. English law. A writ whereby
certain persons (usu. the clerk of assize and subor
dinate officers) were directed to associate themselves
with the justices and serjeants so that there would be an
adequate supply ofcommissioners for the assizes.
writ of attachment. See ATTACHMENT (3).
writ of audita querela. See AUDITA QUERELA.
writ ofcapias. See CAPIAS.
writ ofcapias ad respondendum. See CAPIAS.
writ of capias ad satisfaciendum. See CAPIAS.
writ ofcertiorari. See CERTIORARI.
writ of conspiracy. Hist. A writ against one who con
spired to injure the plaintiff, esp. by indicting the plain
tiff for treason or felony. _ Under common law, all other
circumstances ofconspiracy were actions on the case.
[Cases: Conspiracy (:::::: 15.]
writ ofconsultation. An extraordinary writ issued by an
appellate court ordering a lower court to proceed in a
matter that the lower court previously refused to hear.
Cf. PROHIBITION (2).
writ ofcoram nobis. See CORAM NOBIS.
writ ofcoram vobis. See CORAM VOBIS.
writ ofcourse. (17c) A writ issued as a matter of course
or granted as a matter of right. Also termed writ of
right; breve de cursu.
writ ofcovenant. Hist. A writ for one claiming damages
as a result ofa breach ofa promise under seal or other
covenant. -Also termed breve de conventione (breev
or bree-vee dee k~n-ven-shee-oh-nee).
"The writ of covenant (breve de conventione) is not men
tioned by Glanvill; but it appears within a short lime after
the publication of his book and already in the early years
of Henry III. It can be had 'as of course,' at all events when
the tenement that is in question is of small value. Before
Henry's death it has become a popular writ .... The great
majority of actions ofcovenant are brought merely in order
that they may be compromised. We doubt whether any
principle was involved in the choice; but may infer that the
procedure instituted by this writ was cheap and expedi
tious for those who wished to get to their final concord."
2 Frederick Pollock & Frederic W. Maitland, The History of
English Law Before the Time of Edward 1216-17 (2d ed.
1899).
writ ofdebt. See DEBT (4).
writ ofdeceit. Hist. A writ against one who deceives and
damages another by acting in the other's name.
writ of deliverance. See DELIVERANCE (3).
writ ofdetinue. (17c) A writ in an action for detinue. See
DETINUE. [Cases: Detinue Cr--:::' 1.] writ of dower. 1. DE DOTE UNDE NIHIL HABET. 2. A
widow's writ of right ofdower providing her the remain
der ofthe dower to which she is entitled after part of
it had been assigned by the tenant. [Cases: Dower and
Curtesy (::::::70.1.]
writ ofejectment. (17c) The writ in an action of eject
ment for the recovery ofland. See EJECTMENT. [Cases:
Ejectment G-:::' 120.J
writ ofelegit. See ELEGIT.
writ of entry. (16c) A writ that allows a person wrong
fully dispossessed of real property to enter and retake
the property.
writ oferror. (lSc) 1. A writ issued by an appellate court
directing a lower court to deliver the record in the case
for review. Cf. ASSIGNMENT OF ERROR. [Cases: Appeal
and Error 398.]
'The writ of error is the most common of all the forms of
remedial process available to an unsuccessful party after
a final determination of the merits of the action, and is in
common use in this country at the present time, where
the common-law modes of procedure are followed. Its
object ... is to obtain a reversal of the judgment, either
by reason of some error in fact affecting the validity and
regularity of the legal decision itself, or on account of
some mistake or error in law, apparent upon the face of
the record, from which the judgment appears to have been
given for the wrong party." Benjaminj. Shipman, Handbook
of Common-Law Pleading 337, at 538 (Henry Winthrop
Ballantine ed., 3d ed. 1923).
writ oferror coram nobis. See CORAM NOBIS.
writ oferror coram vobis. See CORAM VOBIS.
2. Hist. A writ issued by a chancery court, at the request
ofa party who was unsuccessful at trial, directing the
trial court either to examine the record itself or to
send it to another court of appellate jurisdiction to be
examined, so that some alleged error in the proceed
ings may be corrected.
writ ofescheat. Hist. A writ allowing a lord to take pos
session oflands that had escheated to him. See ESCHEAT
(1).
writ of estrepement (e-streep-mant). See DE ESTREPA
MENTO.
writ of execution. See EXECUTION (4).
writ ofexigent. See EXIGENT, n.
writ ofexigi facias. See EXIGI FACIAS.
writ of extent. See EXTENT (2).
writ offalse judgment. See FALSE JUDGMENT.
writ offierifacias. See FIERI FACIAS.
writ offormedon. See FORMEDON.
writ ofhabeas corpus. See HABEAS CORPUS.
writ ofhabere facias possessionem. See HABERE FACIAS
POSSESSIONEM.
writ of habere facias seisinam. See HABERE FACIAS
SEISINAM.
writ of injunction. See INJUNCTION.
1750 writ of inquiry
writ of inquiry. Rist. A writ ordering the sheriff to
empanel a jury and act as judge in a trial held to deter
mine the amount of damages suffered by a plaintiff who
has won a default judgment on an unliquidated claim.
[Cases: Damages (~~,197.]
writ oflatitat. See LATITAT.
writ of levari facias. See LEVARI FACIAS.
writ ofmainprise. See MAINPRISE (3).
writ of mandamus. See MANDAMUS.
writ ofmandate. See MANDATE (2).
writ ofmesne (meen). See DE MEDIO.
writ of mesne process. See mesne process under
PROCESS.
writ of monstravunt. See MONSTRAVUNT.
writ of ne exeat. See NE EXEAT.
writ ofperambulation. Rist. A common-law writ issued
by agreement of both parties when they are in doubt
about the bounds of their respective properties, direct
ing the sheriff to walk the jury around the property to
set the boundaries with certainty. See PERAMBULATION.
[Cases: Boundaries
writ ofpossession. (l7c) A writ issued to recover the pos
session ofland. (Cases: Ejectment (;:::::> 120.J
writ ofpraecipe |
session ofland. (Cases: Ejectment (;:::::> 120.J
writ ofpraecipe. See PRAECIPE (1).
writ ofprevention. (17c) A writ to prevent the filing ofa
lawsuit. See QUIA TIMET.
writ ofprivilege. Rist. An action to enforce or maintain
a privilege, usu. one granted by statute or by a court.
Traditionally, the writ was used to protect legislators
from arrest in civil suits during a legislative session.
Parties and witnesses who did not reside within a
court's jurisdiction were also privileged against service
of process in civil suits while attending the court and
while traveling to or from it.
''The privilege of a suitor or witness to be exempt from
service of process while without the jurisdiction of his
residence for the purpose of attending court in an action
to which he is a party, or in which he is to be sworn as a
witness, is a very ancient one. It has always been held
to extend to every proceeding of a judicial nature taken
in or emanating from a duly-constituted tribunal which
directly relates to the trial of the issues involved. It is not
simply a personal privilege, but it is also the privilege ofthe
court, and is deemed necessary for the maintenance of its
authority and dignity and in order to promote the due and
efficient administration of justice. At common law a writ
of privilege or protection would be granted to the party
or witness by the court in which the action was pending,
which would be respected by all other courts .... [TJhe writ
may still be granted by courts possessing a common law
jurisdiction; but while the granting of the writ is proper,
it is not necessary for the enjoyment of the privilege, and
the only office which it can is to afford convenient and
authentic notice to those about to do what would be a
violation of the privilege, and to set it forth and command
due respect to it. The tendency has been not to restrict, but
to enlarge, the right of privilege so as to afford full protec
tion to parties and witnesses from all forms of civil process
during their attendance at court, and for a reasonable time
in going and returning." Parker v. Marco 32 N.E. 989, 989
(N.Y. 1893) (citations omitted). writ of probable cause. See CERTIFICATE OF APPEAL
ABILITY.
writ ofproclamation. Rist. A writ, issued at the time an
exigent was issued, ordering the sheriff of the county
ofa defendant's residence to make three proclamations
of outlawry in a public and notorious place a month
before the outlawry is declared. See OUTLAW.
writ of prohibition. See PROHIBITION (2).
writ ofprotection. (17c) 1. A writ to protect a witness in
a judicial proceeding who is threatened with arrest. 2.
A writ exempting anyone in the Crown's service from
arrest in a civil proceeding for a year and a day.
writ ofquare impedit. See QUARE IMPEDIT.
writ ofquominus. See QUOMINUS.
writ ofquorum nobis. See CORAM NOBIS.
writ ofquo warranto. See QUO WARRANTO (1).
writ ofrebellion. See COMMISSION OF REBELLION.
writ of recaption. Rist. A writ allowing a plaintiff to
recover goods and damages from a defendant who
makes a second distress while a replevin action for a
previous distress is pending. See RECAPTION.
writ of replevin. See REPLEVIN (2).
writ of restitution. (17c) 1. The process of enforcing a
civil judgment in a forcible-entry-and-detainer action
or enforcing restitution on a verdict in a criminal pros
ecution for forcible entry and detainer. (Cases: Forcible
Entry and Detainer C=>41; Landlord and Tenant (;:::::>
291(17).]
"In some states, follOWing the British statutes, the prosecu
tor may have a writ of restitution for the premises immedi
ately on the rendition of a verdict of guilty on an indictment
for forcible entry and detainer; and the operation of such
writ of restitution is not suspended by an appeal by the
defendant." 35 Am.Jur. 2d Forcible Entry and Detainer 61,
at 931 (1967).
2. A common-law writ issued when a judgment is
reversed, whereby all that was lost as a result of the
judgment is restored to the prevailing party. [Cases:
Appeal and Error (;:::::> 1179.]
writ of review. (lSc) A general form of process issuing
from an appellate court to bring up for review the
record ofthe proceedings in the court below; the com
mon-law writ of certiorari. [Cases: Courts
Review (;:::::> 1.]
writ ofright. See WRIT OF COURSE.
writ ofsecond deliverance. See second deliverance under
DELIVERANCE.
writ ofsequestration. (I8c) A writ ordering that a court
be given custody of something or that something not
be taken from the jurisdiction, such as the collateral for
a promissory note . Such a writ is usu. issued during
litigation, often so that the object will be available
for attachment or execution after judgment. [Cases:
Sequestration (;:::::> 13.1
1751
writ of summons. English law. A writ by which, under
the Judicature Acts of1873-1875, all actions were com
menced. See SUMMONS.
writ ofsupersedeas. See SUPERSEDEAS.
writ of supervisory control. (1901) A writ issued to
correct an erroneous ruling made by a lower court
either when there is no appeal or when an appeal
cannot provide adequate relief and the ruling will result
in gross injustice. [Cases: Courts ~'207.1.J
writ oftestatumfierifacias. See TESTATUM (1).
writ ofthreats. See SECURITATE PACIS.
writ of tolt (tohlt). See TOLT.
writ of trial. Hist. English law. By the Civil Procedure
Act of 1835, a writ ordering an action brought in a
superior court to be tried in an inferior court or before
the undersheriff . It was superseded by the County
Courts Act of 1867, ch. 142, 6 authorizing a defendant,
in certain cases, to obtain an order that an action is to
be tried in a county court. St. 3 & 4 WilL 4, ch. 42.
writ of venire facias. See VENIRE FACIAS.
writ ofwaste. Hist. A writ to recover damages against
a tenant who committed waste. See WASTE (1). [Cases:
Waste
"After waste had been actually committed, the ancient cor
rective remedy, in a court of common law, was by a writ
of waste for the recovery of the place wasted, and treble
damages as a compensation for the injury done to the
inheritance." 78 Am,jur. 2d Waste 29, at 417 (1975),
writ of withernam. See capias in withernam under
WITHERNAM.
writ pro retorno habendo (proh ri-tor-noh hd-ben
doh), n. [Law Latin "for return to be had"] Hist. A writ
ordering the return ofgoods to a defendant who, upon
the plaintiff's default, obtained a favorable judgment in
a replevin action. See DELIVERANCE (4),
writ system. (1890) The common-law procedural system
under which a plaintiff commences an action by obtain
ing the appropriate type oforiginal writ.
written contract. See CONTRACT.
written description. See DESCRIPTION (5).
written directive. See ADVANCE DIRECTIVE (2).
written law. See LAW.
written testimony. See TESTIMONY.
written warranty. See WARRANTY (2).
wrong, n. (bef. 12c) Breach of one's legal duty; viola
tion ofanother's legal right. [Cases: Torts <>107.]
wrong, vb.
"A wrong may be described, in the largest sense, as
anything done or omitted contrary to legal duty, consid
ered in so far as it gives rise to liability." Frederick Pollock,
A First Book ofjurisprudence 68 (1896),
"A wrong is simply a wrong act -an act contrary to the
rule of right and justice. A synonym of it is injury, in its
true and primary sense of injuria (that which is contrary
to jus) . , , ," John Salmond, Jurisprudence 227 (Glanville L.
Williams ed" 10th ed. 1947). wrongful adoption
civil wrong. (I7c) A violation ofnoncriminal law, such
as a tort, a breach of contract or trust, a breach of
statutory duty, or a defect in performing a public duty;
the breach ofa legal duty treated as the subject matter
ofa civil proceeding. See TORT (1). Cf. CRIME.
continuing wrong. (1846) An ongoing wrong that is
capable of being corrected by specific enforcement.
-An example is the nonpayment of a debt.
intentional wrong. (I8c) A wrong in which the mens
rea amounts to intention, purpose, or deSign. -Also
termed willful wrong.
legal wrong. (I8c) An act that is a violation of the law;
an act authoritatively prohibited by a rule oflaw.
moral wrong. (l8c) An act that is contrary to the rule of
natural justice. Also termed natural wrong.
personal wrong. An invasion ofa personal right.
positive wrong. (18c) A wrongful act willfully com
mitted.
private wrong. (l6c) An offense committed against a
private person and dealt with at the instance of the
person injured.
public wrong. (16c) An offense committed against the
state or the community at large, and dealt with in a
proceeding to which the state is itself a party. _ Not all
public wrongs are crimes. For example, a person that
breaches a contract with the government commits
a public wrong, but the offense is a civil one, not a
criminal one.
real wrong. An injury to the freehold.
transitory wrong. (2004) A wrong that, once commit
ted, belongs to the irrevocable past . An example is
defamation.
willful wrong. See intentional wrong.
wrong of negligence. (1902) A wrong in which the
mens rea is a form of mere carelessness, as opposed
to wrongful intent.
wrong ofstrict liability. (1986) A wrong in which a
mens rea is not required because neither wrongful
intent nor culpable negligence is a necessary condi
tion of responsibility.
wrongdoer, n. (15c) One who violates the law <both
criminals and tortfeasors are wrongdoers>. -wrong
doing, n.
wrongful, adj. (l4c) 1. Characterized by unfairness or
injustice <wrongful military invasion>. 2. Contrary to
law; unlawful <wrongful termination>. 3. (Of a person)
not entitled to the position occupied <wrongful pos
sessor>. -wrongfully, adv.
wrongful act. See wrongful conduct under CONDCCT.
wrongful adoption. 1. An adoption in which the
adoption agency fails to provide adoptive parents
with full or accurate information regarding the child's
physical or psychological background, _ The adoptive
parents normally do not seek to nullify the adoption.
Rather, they seek damages, usu. tor medical care and
1752 wrongful-birth action
for emotional distress. 2. An adoptive parent's legal
claim against an adoption agency for not fully or accu
rately disclosing the child's physical or psychological
background. Cf. ABROGATION OF ADOPTION. [Cases;
Infants C::::> 17.]
wrongful-birth action. (1972) A lawsuit brought by
parents against a doctor for failing to advise them pro
spectively about the risks of their having a child with
birth defects. [Cases; Health C::::>687.]
wrongful-conception action. See WRONGFUL-PREG
NANCY ACTION.
wrongful conduct. See CONDUCT.
wrongful-death action. (1926) A lawsuit brought on
behalf of a decedent's survivors for their damages
resulting from a tortious injury that caused the dece
dent's death. -Also termed death action; death case.
Cf. SURVIVAL ACTION. [Cases; Death C::::>7-33.]
wrongful-death statute. (1904) A statute authorizing a
decedent's personal representative to bring a wrongful
death action for the benefit ofcertain beneficiaries.
Formerly also termed death-damage statute. [Cases;
Death C::::> 11.]
wrongful discharge. See DISCHARGE (7).
wrongful-discharge action. (1957) A lawsuit brought by
an ex-employee against the former employer, alleging
that the termination ofemployment violated a contract
or was illegal. -Also termed wrongful-termination
action. [Cases; Labor and Employment C::::>850.]
wrongful dishonor, n. (1895) A refusal to accept or pay
(a negotiable instrument) when it is properly presented
and is payable. Cf. DISHONOR (1). wrongful-eviction action. A lawsuit brought by a former
tenant or possessor of real property against one who
has put the plaintiff out ofpossession, alleging that the
eviction was illegal. [Cases; Landlord and Tenant C::::>
180,278,278.17,292,318.]
wrongful garnishment. See GARNISHMENT.
wrongful levy. See LEVY.
wrongful-life action. (1963) A lawsuit brought by or
on behalf of a child with birth defects, alleging that
but for the doctor-defendant's negligent advice, the
parents would not have conceived the child or, if they
had, would have aborted the fetus to avoid the pain and
suffering resulting from the child's congenital defects.
Most jurisdictions reject these claims. [Cases; Health
C:: |
ing resulting from the child's congenital defects.
Most jurisdictions reject these claims. [Cases; Health
C::::>687.]
wrongful-pregnancy action. (1979) A lawsuit brought
by a parent for damages resulting from a pregnancy fol
lowing a failed sterilization. -Also termed wrongful
conception action. [Cases; Health C::::>686.]
wrongful process. See ABUSE OF PROCESS.
wrongful-termination action. See WRONGFUL-DIS
CHARGE ACTION.
wrong ofnegligence. See WRONG.
wrong of strict liability. See WRONG.
wrong verdict. See verdict contrary to law under
VERDICT.
WTO. See WORLD TRADE ORGANIZATION.
wyte (WIt). Hist. 1. An immunity from an amercement.
See AMERCEMENT. 2. See WITE.
x
X. abbr. 1. EX DIVIDEND. 2. EX RIGHTS. 3. EX DISTRIBU
TION. 4. EX WARRANTS.
X. 1. A mark serving as the signature of a person who
is physically handicapped or illiterate. The signer's
name usu. appears near the mark, and ifthe mark is to
be notarized as a signature, two signing witnesses are
ordinarily required in addition to the notary public.
[Cases: Signatures (;::::>5.] 2. A symbol equivalent to
"by" when used in giving dimensions, as in 3 x 5 inches.
3. A mark placed on a document (such as an applica
tion) to indicate a selection, such as "yes" or "no"; esp.,
a mark on a ballot to indicate a vote.
XD. abbr. EX DIVIDEND.
XDIS. abbr. EX DISTRIBUTION.
xenodochium (zen-a-da-kI-am or -dok-ee-am), n. [fro
Greek xenos "a guest" + dochein "to receive"] Roman
law. 1. An inn. 2. A hospital. Ihis was a charitable
institution to which donations and legacies might
validly be given. -Also termed xenodochion; xeno
docheum; xenodochy.
X-patent. Patents. An early U.S. patent, granted before
the numbering system set up in the Patent Act of 1836
and so named because an X was added to the numbers
ofexisting patents to avoid duplicate numbers.
XQ. See cross-question under QUESTION (1).
XR. abbr. EX-RIGHTS.
XW. abbr. EX-WARRANTS. xylon (zI-Ion), n. [fro Greek xulon "wood"] Archaic. A
Greek punishment apparatus similar to stocks.
XYY-chromosome defense. Criminal law. A defense,
usu. asserted as the basis for an insanity plea, whereby
a male defendant argues that his criminal behavior is
due to the genetic abnormality of having an extra Y
chromosome, which causes him to have uncontrol
lable aggressive impulses . Most courts have rejected
this defense because its scientific foundations are
uncertain. Also termed XYY defense. See INSANITY
DEFENSE.
"As one commentator has suggested.. 'an attorney
defending an XYY individual will be required to call upon
both a geneticist and a psychiatrist to give expert testi
mony. The geneticist's role would be to testifywirh respect
to the individual's genetic structure, any distinguishing
characteristics which are relevant to an insanity defense,
and the result of family studies designated to determine
the influence of genetics and environment on the develop
mEmt of this individual. The psychiatrist's testimony would
focus upon the defendant's mental capacity or condition.'
But in the absence of sound medical support for an XYY
defense, courts are understandably unsympathetic to
defense efforts to obtain such expert testimony." Wayne R.
LaFave & Austin W. ScottJr., Criminal Law 4.8, at 380 (2d
ed. 1986) (quoting Note, 57 Geo. L.J. 892, 902-03 (1969.
XYY syndrome. The abnormal presence of an extra
Y chromosome in a male, theoretically resulting in
increased aggressiveness and antisocial behavior some
times resulting in criminal conduct. See XYY-CHROMO
SOME DEFENSE.
y
Y2K warranty. abbr. Year 2000 warranty; a warranty
that software, hardware, or a product having computer
hardware or software components will function
properly on and after January I, 2000. These war
ranties were common in the late 1990s.
yank-cheating, n. The illegal practice ofinserting paper
money into a vending machine, then pulling the money
out again after the machine has recognized it, thereby
retaining the cash and unlawfully obtaining merchan
dise.
yardland, n. Hist. A variable quantity ofland, often 20
acres. Also termed virgata terrae (var-gay-ta ter
ee).
yardstick theory. Antitrust. A method of determining
damages for lost profits (and sometimes overcharges)
whereby a corporate plaintiff identifies a company
similar to the plaintiff but without the impact of the
antitrust violation. Cf. BEFORE-AND-AFTER THEORY;
MARKET-SHARE THEORY.
"To the extent that either the markets or firms being
compared are dissimilar, the yardstick theory will not
produce a trustworthy estimate of what the plaintiff would
have earned but for the defendant's conduct, The method
therefore works best in markets that are both local and
relatively homogeneous." Herbert Hovenkamp, Economics
and Federal Antitrust Law 16.7, at 454 (1985).
yea, n. Parliamentary law. An affirmative vote.
yea and nay (yay / nay). Yes and no . In old records, this
was a mere assertion and denial without the necessity
ofan oath.
year. 1. Twelve calendar months beginning January 1 and
ending December 31. Also termed calendar year. 2.
A consecutive 365-day period beginning at any point;
a span oftwelve months. [Cases: Time C~4.l
fiscal year. An accounting period of 12 consecutive
months <the company's fiscal year is October 1 to
September 30> . A fiscal year is often different from
the calendar year, esp. for tax purposes. -Also
termedfiscal period.
half-year. In legal computation, a period of 182 days.
natural year. Hist. The period of365 days and about 6
hours. or the time it takes the earth to orbit the sun.
tax year. The period used for computing federal or state
income-tax liability, usu. either the calendar year or
a fiscal year of 12 months ending on the last day ofa
month other than December. -Also termed taxable
year. [Cases: Internal Revenue (;::::J3075-3093; Cases:
Taxation ~3509, 3538.]
Year 2000 warranty. See Y2K WARRANTY.
year and a day. The common-law time limit fixed for
various purposes, such as claiming rights, exemptions,
or property (such as rights to wreckage or estrays), or for prosecuting certain acts so called because a year
was formerly counted to include the first and last day,
meaning that a year from January 1was December 31,
so a year and a day would then mean a full year from
January 1through January I. Also termed year and
day; (formerly in Scots law) zeir and day. See YEAR
AND-A-DAY RULE; YEAR, DAY, AND WASTE.
year-and-a-day rule. (1876) Criminal law. The common
law principle that an act causing death is not homicide
if the death occurs more than a year and a day after
the act was committed. _ In Latin, the phrase year and
a day was commonly rendered annus et dies. [Cases:
Homicide
"It has long been the rule that no one can be convicted of
the murder or manslaughter of another person who does
not die within a year and a day of the blow received or other
cause of death. 'Day' was here added merely to indicate
that the 365th day after that of the injury must be included.
Such an indication was rendered necessary by an old rule
(now obsolete) that, in crimina/law, in reckoning a period
'from' the doing of any act, the period was (in favour of
prisoners) to be taken as beginning on the very day when
this act was done," j,W. Cecil Turner, Kenny's Outlines of
Criminal Law 105 (16th ed, 1952).
"The phrase 'year and a day,' in this test [for proving causa
tion of a person's death], means no more than a year. The
accepted method of computing time today is byexclud
ing the first day and including the last. Thus a year from
january first is the first day of the following january. In
ancient times, however, there was a tendency to include
both the first day and the last day so that a year from
January first was thought of as the thirtyfirst of the follow
ing December, and 'the day was added that there might be
a whole year.' The use of this peculiar phrase to mean just
a year in the homicide cases has found expression in some
of the statutes. Other enactments have wisely dropped
this anCient jingle," Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 778 (3d ed. 1982),
"Several centuries ago, when doctors knew very little about
medicine, the judges created an absolute rule of law: one
cannot be guilty of murder if the victim lives for a year
and a day after the blow, The difficulty in proving that the
blow caused the death after so long an interval was obvi
ously the basis of the rule. Now that doctors know infinitely
more, it seems strange that the yearand-a-day rule should
survive to the present, but it has done so in most of the
American states, either by judicial decision or by statute."
Wayne R. LaFave &Austin W. Scottjr., Criminal Law 3.12,
at 299 (2d ed. 1986).
'The year and a day rule is widely viewed as an outdated
relic ofthe common law." Rogers v, Tennessee, 532 U.S. 451,
462,121 5.Ct, 1693, 1701 (2001) (O'Connor,].).
year and day. See YEAR AND A DAY.
Year Books. Hist. Books of cases anonymously and fairly
regularly reported covering primarily the period from
the reign of Edward I to the time ofHenry VIII. -The
title "Year Books" derives from their being grouped
under the regnal years of the sovereigns in whose reigns
the reported cases were cited. The reports were probably
1755
originally prepared by law teachers and students and
later by professional reporters or scribes. Also
written Year-Books; year-books; yearbooks. -Also
termed terms. Cf. ABBREVIATIO PLACITORUM.
"[Flrom 1300 there is a continuous stream of reports of
arguments in the common Pleas. The reports were written
in Anglo-French, the language of courtly speech. Their
authorship is unknown, and they are referred to by the
generic name 'year-books' .... If we have to account for
their beginning, the most likely explanation is that they
arose from a case-method of instruction in the law school
which served the apprentices of the Bench before the
emergence of the inns of court .... For the same reason,
the contemporary value of the earliest reports lay not in
their historical authenticity as precedents but in the ideas
and suggestions which they contained. .. Once the age
of experiment was over, the reports settled into a more
uniform and at times apparently single series .... The
yearbooks did not end at any fixed date. What has usually
been taken as their end is the result of two concurrent
factors: the advent of printing, and the practice of identify
ing reports by the name of the author." J.H. Baker, An Intro
duction to English Legal History 205-07 (3d ed. 1990).
year, day, and waste. Hist. A right of the Crown to the
profits and waste for a year and a day of the land of
persons convicted ofpetty treason or felony (unless the
lord made redemption), after which the Crown had to
restore the property to the lord ofthe fee. The right was
abrogated by the Corruption of Blood Act of 1814.
Also termed (in Law French) ann, jour, et wast; (in Law
Latin) ann us, dies, et vastum.
year-end dividend. See DIVIDEND.
year in mourning. See ANNUS LUCTUS.
Year ofOur Lord. See ANNO DOMIK!.
year-to-year tenancy. See periodiC tenancy under
TEKANCY.
yeas and nays. The affirmative and negative votes on a
bill or resolution before a deliberative assembly. See
roll-call vote under VOTE (4). [Cases: Statutes ~19.J
yellow-dog contract. An employment contract forbid
ding membership in a labor union . Such a contract is
generally illegal under federal and state law.
yeoman (yoh-m;m). 1. Hist. An attendant in a royal or
noble household. 2. Hist. A commoner; a freeholder
(under the rank ofgentleman) who holds land yielding
40 shillings per year.
"A yeoman is he that hath free land of forty shillings by the
year; who was thereby qualified to serve on juries, vote for
knights of the shire, and do any other act, where the law
requires one that is probus et legalis homo [an upright and
law-abiding man]." 1 William Blackstone, Commentaries on
the Laws of Eng/and 394 (1765).
3. English law. One who owns and cultivates property.
4. A petty officer performing clerical work in the U.S.
Navy. Also sometimes spelled yoman.
yeoman of the guard. A member of a corps of officers
whose primary duties are to ceremonially guard the
English royal household . A yeoman is usu. at least
six feet tall, is ofthe best rank under the gentry, and is
generally exempt from |
oman is usu. at least
six feet tall, is ofthe best rank under the gentry, and is
generally exempt from arrest on civil process. Also
termed yeoman ofthe guard ofthe royal household. i
.
i York, custom of
yeomanry (yoh-m~n-ree). 1. The collective body of
yeomen. 2. Volunteer cavalry units in Great Britain,
later transferred to the Territorial Army.
yeven (yev-;m or yiv-~n). Hist. Given; dated. Also
spelled yeoven (yoh-v;m).
Yick Wo doctrine (yik woh). (1958) The principle that
a law or ordinance giving a person or entity absolute
discretion to give or withhold permission to carryon
a lawful business violates the 14th Amendment to the
U.S. Constitution. Yick Wo v. Hopkins, 118 U.S. 356,6
S.Ct. 1064 (1886).
yield, n. (bef. 12c) Profit expressed as a percentage of the
investment. Also termed yield on investment; return.
See RATE OF RETURN.
coupon yield. The annual interest paid on a security
(esp. a bond) divided by the security's par value.
Also termed nominal yield.
current yield. The annual interest paid on a security
(esp. a bond) divided by the security's current market
price.
discount yield. The yield on a security sold at a
discount.
earnings yield. The earnings per share of a security
divided by its market price . The higher the ratio, the
better the investment yield. -Also termed earnings
price ratio. Cf. PRICE-EARNINGS RATIO.
net yield. The profit or loss on an investment after
deducting all appropriate costs and loss reserves.
nominal yield. See coupon yield.
yield, vb, 1. To give up, relinquish, or surrender (a right,
etc.) <yield the floor>. 2. Parliamentary law. (Of a
motion) to give way to a higher-ranking motion. Cf.
PRECEDENCE (3).
"If two motions 'A' and'S' are related under rules of par
liamentary procedure in such a way that motion 'B' can be
made while motion 'A' is pending and, when stated by the
chair, can thus temporarily replace 'A' as the immediately
pending question, motion'S' takes precedence over (or
takes precedence of) motion 'A,' and motion 'A' yields to
motion 'B.' A secondary motion thus takes precedence over
the main motion; and a main motion takes precedence over
nothing and yields to all applicable secondary motions."
Henry M. Robert, Robert's Rules ofOrder Newly Revised 5,
at 57-58 (10th ed. 2000).
3. Hist. 'Ib perform a service owed by a tenant to a lord
<yield and pay>. See YIEtDING AND PAYING.
yield on investment. See YIELD.
yield spread. The differences in yield between various
securities issues.
yield to maturity. The rate ofreturn from an investment
if the investment is held until it matures. Abbr. YTM.
Cf. TIME VAtUE.
yokelet (yohk-lit), n. Hist. A small farm requiring only
one yoke of oxen to till it.
yoman. See YEOMAK.
York, custom of. Hist. A custom prevalent in York
whereby a male intestate's effects were divided
1756 York, Statute of
according to the doctrine of pars rationabilis Ca rea
sonable part") that is, one-third each to the widow,
children, and administrator, one-half to the adminis
trator if the man was married but had no children or
was single but had children, or all to the administrator
ifthe man was single with no children.
York, Statute of. Hist. An English statute passed in York
in the twelfth year ofEdward II's reign, and including
provisions on the subject ofattorneys, witnesses, and
the taking ofinquests by nisi prius.
York-Antwerp rules. Maritime law. A set of rules
relating to the settlement of maritime losses and
disputes arising from bills oflading . Although these
rules have no statutory authority, they are incorporated
into almost all bills oflading. The Rules are maintained
and updated by the Comite Maritime International
(CMI). [Cases: Shipping 187, 197.J
Younger abstention. See ABSTENTION.
younger-generation devise. See DEVISE.
young offender. See youthful offender under OFFENDER. your Honor. (16c) A title customarily used when
directly addreSSing a judge or other high official. Cf.
HIS HONOR.
your witness. See TAKE THE WITNESS.
Youth Correction Authority Act. A model act, pro
mulgated by the American Law Institute in 1940,
that proposed the creation of central state commis
sions responSible for setting up appropriate agencies
that would determine the proper treatment for each
youthful offender committed to the agency by the
courts. 'Ihe Act is noteworthy for its emphasis on
rehabilitating juvenile offenders, as opposed to pun
ishing them.
youth court. See teen court under COURT.
youthful offender. 1. See OFFENDER. 2. JUVENILE DELIN
QUENT.
youth shelter. See SHELTER.
yo-yo stock. See volatile stock under STOCK.
YTM. abbr. YIELD TO MATURITY.
zap. See INTERSUBJECTIVE ZAP.
ZBA. abbr. ZERO-BRACKET AMOUNT.
Z-bond. See accrual bond under BOND (3).
zealous witness. See WITNESS.
zeir and day (yeer). See YEAR AND DAY Zeir is an
obsolete graphic variant of year.
zero-bracket amount. A tax deduction formerly avail
able to all individual taxpayers, regardless ofwhether
they itemized their deductions. _ In 1944 this was
replaced by the standard deduction. Abbr. ZBA. See
standard deduction under DEDUCTION.
zero-coupon bond. See BOND (3).
zero-coupon security. See SECURITY.
zero-rate mortgage. See MORTGAGE.
zero-tolerance policy. (1990) An established plan or
method of action stating that certain acts will not be
permitted or condoned . School districts often have
a zero-tolerance policy regarding the use of drugs and
alcohol on school premises or at school-sponsored
functions. In 1995 Congress enacted a nationwide zero
tolerance statute to combat underage drinking.
zetetic (zi-tet-ik), adj. Hist. Proceeding by inquiry; inves
tigative. -Also spelled zetetick.
ZIFT. abbr. ZYGOTE INTRAFALLOPIAN TRANSFER.
zipper clause. Contracts. A contractual provision that
operates both as an integration clause and as a no
oral-modification clause. See INTEGRATION CLAUSE;
NO-ORAL-MODIFICATION CLAUSE.
"[AJ 'zipper clause' ... so called because the combina
tion of the integration clause and the no-oral-modification
clause is intended to foreclose claims of any representa
tions outside the written contract ...." Pace v. Honolulu
Disposal Serv., 227 F.3d 1150, 1159 (9th Or. 2000).
zone. 1. An area that is different or is distinguished from
surrounding areas <zone of danger>. 2. An area in a
city or town that, through zoning regulations, is under
particular restrictions as to building size, land use, and
the like <the capitol is at the center of the height-restric
tion zone>. [Cases: Zoning and Planning C=:>31.j
floating zone. An amount ofland aSSigned for a partic
ular use but in no particular location. _ An applicant
who owns the specified amount ofland can apply for
a use permit in a specific location. Seefloating zoning
under ZONING.
holding zone. Temporary, low-density zoning used
until a community determines how the area should
be rezoned.
zone-of-danger rule. (1966) Torts. The doctrine allowing
the recovery of damages for negligent infliction ofemo
tional distress if the plaintiff was both located in the dangerous area created by the defendant's negligence
and frightened by the risk of harm. [Cases: Damages
C=:>57.10, 57.16(2), 57.23(2), 57.27.}
zone of employment. Workers' compensation. The
physical place of employment within which an
employee, if injured there, can receive compensation.
Cf. COURSE OF EMPLOYMENT; SCOPE OF EMPLOYMENT.
(Cases: Workers' Compensation C=:>604-618, 704
770.]
zone of interests. (1969) The class or type ofinterests or
concerns that a statute or constitutional guarantee is
intended to regulate or protect. -To have standing to
challenge a ruling (esp. of an administrative agency),
the plaintiff must show that the specific injury suffered
comes within the zone of interests protected by the
statute on which the ruling was based. [Cases: Action
13; Administrative Law and Procedure C=:>666;
Federal Civil Procedure C=:> 103.2.}
zone ofprivacy. (1964) Constitutional law. A range of
fundamental privacy rights that are implied in the
express guarantees of the Bill ofRights. See PENUMBRA;
RIGHT OF PRIVACY. [Cases: Constitutional Law C=:>
1210-1275.}
zone search. See SEARCH.
zoning, n. (1912) The legislative division of a region, esp.
a municipality, into separate districts with different
regulations within the districts for land use, building
size, and the like. [Cases: Zoning and Planning C=:> 1,
4.} zone, vb.
aesthetic zoning. Zoning deSigned to preserve the aes
thetic features or values of an area. [Cases: Zoning
and Planning C=:> 36.]
bonus zoning. See incentive zoning.
cluster zoning. Zoning that favors planned-unit
development by allowing a modification in lot size
and frontage requirements under the condition that
other land in the development be set aside for parks,
schools, or other public needs. -Also termed density
zoning. See PLANNED-UNIT DEVELOPMENT. [Cases:
Zoning and Planning 245.}
conditional zoning. Zoning in which a governmental
body (without definitively committing itself) grants a
zoning change subject to conditions that are usu. not
imposed on similarly zoned property. [Cases: Zoning
and Planning C=:> 382, 382.1.}
"Conditions imposed are designed to protect adjacent land
from the loss of use value which might occur if the newly
authorized use was permitted without restraint of any kind.
Thus, conditional zoning seeks to minimize the potentially
deleterious effect of a zone change on neighboring prop
erties through reasonably conceived conditions which
harmonize the landowner's need for rezoning with the
1758 zoning
public interest." 83 Am.jur. 2d Zoning and Planning 218,
at 193 (1992).
contextual zoning. An approach to zoning that con
siders appropriate use of a lot based on the scale and
types of nearby buildings . Contextual zoning has
been used, for example, to prevent the destruction
of older, smaller residences to make room for larger
houses disparagingly called "monster homes" or "mc
mansions." in established neighborhoods.
contract zoning. l. Zoning according to an agreement,
by which the landowner agrees to certain restrictions
or conditions in exchange for more favorable zoning
treatment. This type of contract zoning is usu.
considered an illegal restraint of the government's
police power, because by private agreement, the gov
ernment has committed itself to a particular type of
zoning. 2. Rezoning of property to a less restrictive
classification subject to the landowner's agreement to
observe specified limitations on the use and physical
development ofthe property that are not imposed on
other property in the zone . This device is esp. used
when property is located in a more restrictive zone
that borders on a less restrictive zone. [Cases: Zoning
and Planning C=:> 160.]
cumulative zoning. A method ofzoning in which any
use permitted in a higher-use, less intensive zone is
permissible in a lower-use, more intensive zone . For
example, under this method, a house could be built
in an industrial zone but a factory could not be built
in a residential zone.
density zoning. See cluster zoning.
Euclidean zoning (yoo-klid-ee-an). Zoning by specific
and uniform geographical division . 'Ihe purpose of
Euclidean zoning is to ensure a municipality's orderly
development by detailing what uses are permitted
and where, and seeing that conflicting land uses are
clearly separated. Its name comes from the Supreme
Court case that approved it: Village ofEuclid v. Ambler
Realty Co., 272 US. 365,47 S.Ct. 114 (1926). -Also
termed use zoning. Cf. non-Euclidean zoning. [Cases:
Zoning and Planning 31.]
"Operating from the premise that everything has its place,
zoning is the comprehensive division of a city into dif
ferent use zones. Use zoning is also known as Euclidean
zoning, taking the name from the leading case of Euclid
v. Ambler Realty Co., which upheld its validity .... In the
typical zoning ordinance each zone has three varieties of
uses: permitted, accessory and conditional. Ordinances
may also specifically prohibit some uses." julian Conrad
Juergensmeyer & Thomas E. Roberts, Land Use Planning
and Development Regulation Law 4.2, at 69 (2003).
exclusionary zoning. Zoning that excludes a specific
class or type of business from a district. [Cases:
Zoning and Planning
floating zoning. Zoning that allots land for particular
uses but does not |
Cases:
Zoning and Planning
floating zoning. Zoning that allots land for particular
uses but does not specify the geographic locations for
those uses . This is a type ofnon-Euclidean zoning.
It allows a zoning board to make individual rulings
on every application for a particular use and take
into account the community's current feelings about where or if the use should be allowed. See non-Euclid
ean zoning.
incentive zoning. A relaxation in zoning restrictions
(such as denSity limits) that offers an incentive to a
developer to provide certain public benefits (such as
building low-income housing units). -Also termed
bonus zoning. [Cases: Zoning and Planning
382.1.]
interim zoning. Temporary emergency zoning pending
revisions to existing ordinances or the development
ofa final zoning plan. -Also termed stopgap zoning.
[Cases: Zoning and Planning C=:>22.]
inverse zoning. Zoning that attempts to disperse par
ticular types ofproperty use rather than concentrate
them.
non-Euclidean zoning. Zoning that allows a mix of
land uses in the same area if the uses are or can be
made nonconflicting. For example, a business might
be permitted to operate in a residential area if the
business adopts a certain architecture to blend in with
other structures and has sufficient landscaping and
setback to guarantee that nearby residents will not
suffer excessive noise, pollution, or other nuisances.
Cf. Euclidean zoning.
partial zoning. Zoning that affects only a portion of
a municipality's territory, and that is usu. invalid
because it contradicts the comprehensive zoning
plan. Also termed piecemeal zoning. (Cases: Zoning
and Planning (;::J35, 162.]
private zoning. Ihe use of restrictive covenants in
private agreements to restrict the use and occupancy
of real property . Private zoning often covers such
things as lot size, building lines, architectural speci
fications, and property uses. [Cases: Covenants C=:>
1,49,69.]
reverse spot zoning. Zoning of a large area of land
without regard for the zoning ofa small piece ofland
within that area. [Cases: Zoning and Planning
35,162.]
"When parcels around a given property are rezoned to
allow for higher uses leaving an island of less intensive
use, reverse spot zoning is the result." Donald G. Hagman
&julian Conradjuergensmeyer, Urban Planning and Land
Development Control Law 5.4, at 136 (2d ed. 1986).
spot zoning. Zoning of a particular piece of land
without regard for the zoning of the larger area sur
rounding the land. [Cases: Zoning and Planning Cr'-J
35,162.]
''To the popular mind, spot zoning means the improper
permission to use an 'island' of land for a more intensive
use than permitted on adjacent properties. The popular
definition needs several qualifications .... The set of facts
usually involves an 'island' of more intensive use than sur
rounding property .... Usually the 'island' is small.. .
Furthermore, the term is not properly applied to develop
ment permission that comes about by variance or special
exception. Rather, the term refers to a legislative act, such
as a rezoning, or to a situation in which the 'island' is
created by the original ordinance." Donald G. Hagman &
Julian Conrad Juergensmeyer, Urban Planning and Land
Development Control Law 5.4, at 136 (2d ed. 1986).
1759
stopgap zoning. See interim zoning.
use zoning. See Euclidean zoning.
zoning map. The map that is created by a zoning ordi
nance and shows the various zoning districts. [Cases:
Zoning and Planning C=>30.]
zoning ordinance. (1919) A city ordinance that regulates
the use to which land within various parts of the city
may be put. It allocates uses to the various districts
ofa municipality, as by allocating residences to certain
parts and businesses to other parts. A comprehensive
zoning ordinance usu. regulates the height of build
ings and the proportion of the lot area that must be
free from buildings. [Cases: Zoning and Planning
21.]
zoning variance. See VARIANCE (2).
zygnomic (zig-noh-mik), adj. Of, relating to, or involving
an act whose evolution directly abridges the freedom
of a person who bears a duty in the enjoyment of a zygote intrafallopian transfer
legal advantage . This rather abstract term was coined
by the philosopher Albert Kocourek in his book Jural
Relations (1927). Cf. MESONOMIC.
zygocephalum (zI-g"-sef-,,-I,,m), n. [Greek ff. zygo-"yoke,
pair" + kephalos "head"] Hist. A measure ofland, esp.
the amount that can be plowed in one day.
zygostates (zI-goh-stay-teez), n. [Greek] Roman law. An
officer who resolved controversies over weight; a public
weigher.
zygote. A two-celled organism formed by the joining of
egg and sperm. Cf. EMBRYO; FETUS.
zygote intrafallopian transfer. A procedure in which
mature eggs are fertilized in a test tube or petri dish
and then injected into a woman's fallopian tubes.
Abbr. ZIFT. Also termed zygote intrafallopian-tube
transfer. Cf. ARTIFICIAL INSEMINATION; GAMETE INTR
AFALLOPIAN TRANSFER; IN VITRO FERTILIZATION. |
Subsets and Splits