Autopsy: The dissection of a dead body by a m edical examiner or physician authorized by law to do so in order to determine the cause and time of a death that appears to have resulted from other than natural causes. Auxiliary: Aiding; ancillary; subordinate; subsidiary. Aver: To specifically allege certain facts or claims in a PLEADING. Averment: The allegation o f facts or claims in a PLEADING. Avoidable consequences: The doctrine that places the responsibility of m inimizing damages upon the person who has been injured. Avoidance: An escape from the consequences of a specific course of action through the use of legally acceptable means. Cancellation; the act of rendering something useless or legally ineffective. Avowal: An open declaration by an attorney representing a party in a lawsuit, made after the jury has been removed from the courtroom, that requests the a dmission of particular testimony from a witness that would otherwise be inadmissible because it has been successfully objected to during the trial. Avulsion: The immediate and noticeable addition to land caused by its removal from the property of another, by a sudden change in a water bed or in the course of a stream. Award: To concede; to give by judicial determination; to rule in favor of after an evaluation of the facts, evidence, or merits. The decision made by a panel of arbitrators or commissioners, a jury, or other authorized individuals in a controversy that has been presented for resolution. A document that memorializes the determination reached in a dispute. Back pay award: A legally enforceable decree ordering an employer to pay to an employee retroactively a designated increase in his or her salary that occurred during a particular period of employment. A decision rendered by a judicial or QUASI-JUDICIAL body that an employee has a legal right to collect accrued salary that has not b een paid out to him or her. Back to work agreement: The accord reached between an employer and a union to which his or her employees belong that establishes the terms a nd conditions governing the return of striking employees to work. Backdating: Predating a document or instrument prior to the date it was actually drawn. The negotiabilityofaninstrumentisnotaffectedbythefactthatitisbackdated. Bad faith: The fraudulent deception of another person; the intentional or malicious refusal to perform some duty or contractual obligation. Bail: The system that governs the status of individuals charged with committing crimes, from the time of their arrest to the time of their trial, and pending appeal, with the major purpose of ensuring their presence at trial. Bail bond: A written promise signed by a defendant or a surety (one who promises to act in place of another) to pay an amount fixed by a court should the defendant named in the document fail to appear in court for the designated criminal proceeding at the date and time specified. Bailee: One to whom PERSONAL PROPERTY is entrusted for a particular purpose by another, the bailor, according to the terms of an express or implied agreement. B GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS BAILEE 27 Bailiff: An individual who is entrusted with some authority, care, guard ianship, or jurisdiction over designated persons or property. One who acts in a managerial or ministerial capacity or takes care of land, goods, and chattels of another in order to make the best profit for the owner. A minor officer of a court serving primarily as a messenger or usher. A low-level court official or sheriff’s deputy whose duty is to preserve and protect orderly conduct in court proceedings. Bailment: The temporary placement of control over, or possession of, PERSONAL PROPERTY by o ne person, the bailor, i nto the hands of another, the bailee, for a designated purpose upon which the parties have agreed. Bailor: One who places control over or possession of PERSONAL PROPERTY in the hands of another, a bailee, for its care, safekeeping, or use, in accordance to the terms of a mutual agreement. Bait and switch: A deceptive sales technique that involves advertising a low-priced item to attract customers to a store, then persuading them to buy more expensive goods by failing to have a sufficient supply of the advertised item on hand or by disparaging its quality. Balance sheet: A comprehensive financial statement that is a summarized assessment of a company’s accounts specifying its assets and liabilities. A report, usually prepared by independent auditors or accountants, which includes a full and complete statement of all receipts and disbursements of a particular business. A review that shows a general balance or summation of all accounts without showing the particular items that make up the several accounts. Balancing: A process sometimes used by state and federal courts in deciding between the competing interests represented in a case. Balloon payment: The final installment of a loan to be paid in an amount that is disproportionately larger than the regular installment. Banc: [French, Bench. ] The location where a court customarily or permanently sits. Banishment: Banishment is a form of punishment imposed on an individual, usually by a country or state, in which the individual is forced to remain outside of that country or state. Banker’slien: An enforceable right of a bank to hold in its possession any money or property belonging to a customer and to apply it to the repayment of any outstanding debt owed to the bank, provided that, to the bank’s knowledge, such property is not part of a trust fund or is not already burdened with other debts. Bankruptcy: Bankruptcy is a federally authorized procedure by which a debtor (an individual, corporation, or municipality) is relieved of total liability for its debts by making court- approved arrangements for their partial repayment. Banks and banking: Banks are authorized financial institutions and banking i s the business in which they engage, which encompasses the receipt of money for deposit, to be payable according to the terms of the account; collection of checks presented for payment; issuance of loans to individuals who meet certain requirements; discount of commercial paper; and other money-related functions. Bar associ ation: An organization of lawyers established to promote professional competence, enforce standards of ethical conduct, and encourage a spirit of public service among members of the legal profession. Bar examination: The bar examination is a written test that an individual must pass before becoming licensed to practice law as an attorney. A license to practice law within a state or federal jurisdiction is generally premised upon admission to that jurisdiction’s bar (a collective professional association of attorneys and counselors) by m eeting its criteria, including passing that jurisdictio n’s bar examination. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 28 BAILIFF DICTIONARY OF LEGAL TERMS Bargain: A reciprocal understanding, contract, or agreement of any sort usually pertaining to the loan, sale, or exchange of property between two parties, one of whom wants to dispose of an item that the other wants to obtain. To work out the terms of an agreement; to negotiate in GOOD FAITH for the purpose o f entering into an agreement. Bargaining agent: A union that possesses the sole authority to act on behalf of all the employees of a particular type in a company. Barratry: In criminal law, the frequent incitement of lawsuits and quarrels that is a punishable offense. Barrister: InEnglishlaw,anattorneywhohasanexclusiverightofargumentinallthesuperior courts. Barter: The exchange of goods or services without the use of money as currency. Base fee: An interest in real property that has the potential to last forever, provided a specific contingency does not occur. Base line: Survey line used in the government survey to establish township lines. Horizontal elevation line used as a centerline in a highway survey. Basis: The minimum, fundamental constituents, foundation, or support of a thing or a system without which the thing or system would cease to exist. In accounting, the value assigned to an asset that is sold or transferred so that it can be determined whether a gain or loss has resulted from the transaction. The amount that property is estimated to be worth at the time it is purchased, acquired, and received for tax purposes. Bastardy action: An archaic name given to a court proceeding in which the PATERNITY of an illegitimate child is determined in order to impose and enforce support obligations upon the father. Battel: Physical combat engaged in by an accuser and accused to resolve their differences, usually involving a serious crime or ownership of land. It was recognized by the English king from the eleventh to seventeenth centuries. Battered child/spouse syndrome: A condition created by sustained physical, sexual, and/or emotional abuse, which creates a variety of physical and emotional symptoms. Battery: At common law, an intentional unpermitted act causing harmful or offensive contact with the “person” of another. Bearer: One who is the holder or possessor of an instrument that is negotiable—for example, a check, a draft, or a note—and upon which a specific payee is not designated. Belief: Mental reliance on or acceptance of a particular concept, which is arrived at by weighing external evidence, facts, and personal observation and experience. Below: In an inferior, subordinate, or lower place in regard to any entity. Bench: A forum of justice composed of the judge or judges of a court. The seat of the court occupied by the judges. Bench trial: A trial conducted before a judge presiding without a jury. Bench warrant: A process that is initiated by the court pro se in order to attach or arrest a person. An order that a judge, or group of judges, issues directly to the police with the purpose of directing a person’sarrest. Beneficial association: An inco rporated or voluntary nonprofit or ganization that h as been created primarily to protect and aid its members and their dependents. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS BENEFICIAL ASSOCIATION 29 Beneficial interest: Profits or advantages from property derived from the terms of a trust agreement. Beneficial use: A right to utilize real property, including light, air, and access to it, in any lawful manner to gain a profit, advantage, or enjoyment from it. A right to enjoy real or PERSONAL PROPERTY held by a person who has equitable title to i t while legal title is held by another. Beneficiary: An organization or a person for whom a trust is created and who thereby receives the benefits of the trust. One who inherits under a will. A person entitled to a beneficial interest or a right to profits, benefit, or advantage from a contract. Benefit o f c lergy: In old England, the privilege of clergy that allowed them to avoid trial by all courts of the civil government. Bequeath: To dispose o f PERSONAL PROPERTY owned by a decedent at the time of death as a gift under the provisions of the decedent’swill. Bequest: Agiftof PERSONAL PROPERTY, such as money, stock, bonds, or jewelry, owned by a decedent at the time of death that is directed by the provisions of the decedent’swill;alegacy. Best evidence: An original document or object offered as proof of a fact in a lawsuit as opposed to a photocopy of, or other substitute for, the item or the testimony of a witness describing it. Bestiality: Sexual relations between a human being and an animal. Beyond a reaso nable d oubt: Thestandardthatmustbemetbytheprosecution’ sevidenceina criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty. Bias: A predisposition or a preconceived opinion that prevents a person from impartially evaluating facts that have been presented for determination; a prejudice. Bicameral: The division of a legislative or judicial body into two components or chambers. Bifurcated trial: One judicial proceeding that is divided into two stages in which different issues are addressed separately by the court. Bilateral contra ct: An agreement formed by an exchange of a promise in which the promise of one party is consideration supp orting t he promise of t he other party. Bill: A d eclaration in writing. A document listing separate items. An itemized account of charges or costs. In EQUITY practice, the first PLEADING in the action, the paper in which the plaintiff sets out his or her case and demands relief from the defendant. Bill of atta inder: A special legislative enactment that imposes a death sentence without a judicial trial upon a particu lar person or class of persons suspected of committing serious offenses, such as treason or a felony. Bill of exchange: A three-party negotiable instrument in which the first party, the drawer, presents an order for the payment of a sum certain on a second party, the drawee, for payment to a third part y, the payee, on demand or at a fixed futu re date. Bill of indictm ent: A formal written document that is drawn up by a government prosecutor accusing a designated person of having committed a felony or misdemeanor and which is presented to a grand jury so that it may take action upon it. Bill of lading: A document signed by a carrier (a transporter of g oods) or the carrier’s representative and issued to a consignor (the shipper of goods) that evidences the receipt of goods for shipment to a specified designation and person. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 30 BENEFICIAL INTEREST DICTIONARY OF LEGAL TERMS Bill of particulars: A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. Bill of review: Inthepracticeof EQUITY courts, a paper filed with a court after expiration of the time for filing a petition for a rehearing in order to request, due to exceptional circumstances, the correction or reversal of a final judgment or decree. Bill of Rights: A declaration of individual rights and freedoms, usually issued by a national government. A list o f fundamental rights included in each state constitution. The first ten amendments to the U.S. Constitution, ratified in 1791, which set forth and guarantee certain fundamental rights and privileges of individuals, including freedom of religion, speech, p ress, and assembly; guarantee of a speedy jury trial in criminal cases; and protection against excessive bail and CRUEL AND UNUSUAL PUNISHMENT. Bill of sale: In the law of contracts, a written agreement, previously required to be under seal, by which one person transfers to another a right to, or interest in, PERSONAL PROPERTY and goods, a legal instrument that conveys title in property from seller to purchaser. Bills and notes: An archaic term that designated the body of law currently known as the law of COMMERCIAL PAPER, which governs the methods by which commercial transactions are financed and facilitated by the execution and transfer of documents that contain promises to repay debts according to the terms specified in the documents. Bills of credit: Non-interest-bearing promissory notes issued by the government and backed by its faith and credit to be paid when presented by their holders, which are in the form of currency and are intended to be circulated and exchanged in the community as money. Binder: A written document that records the essential provisions of a contract of insurance and temporarily protects the insured until an insurance company has investigated the risks to be covered, or until a formal policy is issued. A receipt for cash or for a check that is deposited by a prospective buyer with the seller to secure the right to purchase real estate at terms that have been agreed upon by both buyer and seller. Binding authority: Source of law that a judge must evaluate when making a decision in a case. For example, statutes from the same state where a case is being brought, or higher court decisions, are binding au thority for a judge. Binding over: The requirement imposed by a court or a magistrate upon a person to enter into a recognizance or to post bail to ensure that he or she will appear for trial. The transfer of a case from a lower court to a higher court or to a GRAND JURY after PROBABLE CAUSE to believe that the defendant committed the crime has been established. Birth control: Birth control is a measure or measures undertaken to control the number of children born by preventing conception and reproduction. Black codes: A body of laws, statutes, and rules enacted by southern states immediately after the Civil War to regain control over the freed slaves, maintain white supremacy, and ensure the continued supply of cheap labor. Black letter law: A term used to describe basic principles of law that are accepted by a majority of judges in most states. Blackacre: A fictitious designation that legal writers use to describe a piece of land. Blacklist: A list of individuals or organizations designated for special discrimination or boycott; also to put a person or organization on such a list. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS BLACKLIST 31 Blackmail: The crime involving a threat for purposes of compelling a person to do an act against his or her will, or for purposes of taking the person’s money or property. Blackstone’s commentaries: A series of lectures delivered by the English jurist Sir William Blackstone at Oxford in 1753 and published as Commentaries on the Laws of England in four volumes between 1765 and 1769, which systematized and clarified the amorphous body of English law. Blank: Lacking something essential to fulfillment or completeness; unrestricted or open. A space left empty for the insertion of one or more words or marks in a written document that will effectuate its meaning or make it legally operative. A printed legal form in which the standard or necessary words are printed in their proper order with spaces left open, to be filled with names, dates, figures, and additional clauses. Blank endorsement: The writing of the name of a person who holds a negotiable instrument on the back of the document without specifically designating to whom the paper is to be paid, which transfers the rights that the signer had in the instrument to the person who presents it for payment. Blasphemy: The malicious or wanton reproach of God, either written or oral. In English law, the offense of speaking disparaging words about God, Jesus Christ, the Bible, or the Book of Common Prayer with the intent to undermine religious beliefs and promote CONTEMPT and hatred for the church as well as general immorality. In U.S. law, any maliciously intended written or oral accusation made against God or religion with the purpo se o f d ishonoring the divine majesty and alienating humanity from the love and reverence of God. Block: A segment of a town or city surrounded by streets and avenues on at least three sides and usually occupied by buildings, though it may be composed solely of vacant lots. The section of a city enclosed by streets that is described by a map which indicates how a portion of land will be subdiv ided. Blockbusting : The practice of illegally frightening homeowners by telling them that people who are members of a particular race, religion, or national origin are moving into their neighborhood and that they should expect a decline in the value of their property. The purpose of this scheme is to get the homeowners to sell out at a deflated price. Blood feud: Avenging the WRONGFUL DEATH of a person’s kin by killing the murderer or by receiving compensation from the murderer’s p ossessions. Blotter: A written record of arrests and other occurrences maintained by the p olice. The report kept by the police when a suspect is booked, which involves the written recording of facts about the pe rson’s arrest and the charges against him or her. Blue Book: A publication that establishes the correct form of case citations or of references to a legal authority showing where information can be found. A volume that explains the organization of a state government and provides the names of state officials. The proper title is The Bluebook: A Unifo rm System of C itation. In a generic sense, this term also refers to a report issued by the Joint Committee on Taxation regarding recent tax legislation. Blue laws: A state or local law that prohibits commerci al activ ities on Sun day. Blue ribbon jury: A group of highly qualified persons selected by a court on the request of either party to a lawsuit to decide complex and specialized disputes. Blue sky law: A popular name for state statutes providing for the regulation and supervision of securities offerings and sales, to protect citizen-investors from investing in fraudulent companies. Most blue sky laws require the registration of new issues of securities with a state agency that reviews selling documents for accuracy and completeness. Blue sky laws also often regulate securities brokers and salespeople. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 32 BLACKMAIL DICTIONARY OF LEGAL TERMS Board of directors: A group of people comprising the governing body of a corporation. Board of pardons: Part of the executive branch of state g overnment authorized to grant pardons, and restore civil and political rights, to individuals convicted of crimes. A pardon, in the legal sense, releases an individual from punishment or penalty, but does not necessarily exonerate them of guilt. Board of regents: An independent governing body that oversees a state’spublic COLLEGES AND UNIVERSITIES . Body: The principal part of anything as distinguished from its subordinate parts, as in the main part of an instrument. An individual, an organization, or an entity given legal recognition, such as a corporation o r “body corporate.” A compilation of laws known as a “body of laws.” Body execution: An arrest; a seizure of a defendant. Boilerplate: A description of uniform language used normally in legal documents that has a definite, unvarying meaning in the same context that denotes that the words have not been individually fashioned to address the legal issue presented. Bona fide: [Latin, In good faith.] Honest; genuine; actual; authentic; acting without the intention of defrau ding. Bonds: Written documents by which a government, corporation, or individual—the obligor — promises to perform a certain act, usually the payment of a definite sum of money, to another—the obligee—on a certain date. Book value: Thecurrentvalueofanasset.Thebookvalueofanassetatanytimeisitscostminus its accumulated depreciation. (Depreciation reflects the decrease in the useful life of an asset due to use of the asset.) Companies use book value to determine the point at which they have recovered the cost of an asset. The net asset value of a company’s SECURITIES. This is calculated by subtracting from the company’s total assets the following items: intangible assets (such as goodwill), current liabilities, and long-term liabilities and EQUITY issues. This figure, divided by the total number of bonds or of shares of stock, is the book value per bond or per share of stock. Booking: The procedure b y which law enforcement officials record facts about the arrest of and charges against a suspect such as the crime for which the arrest was made, together with information concerning the identification of the suspect and o ther pertinent facts. Bookkeeping: The process of systematically and methodically recording the financial accounts and transactions o f an entity. Bootstrap doctrine: A principle in the resolution of conflict of laws that prevents a party from bringing an action in one state’s court in an attempt to collaterally attack the final judgment from another state’s court. The d octrine is based upon the principle of RES JUD ICATA,which prevents a party from litigating a jurisdictional claim that has already been resolved by a prior, final decision, or if the litigants had an opportunity to raise the issue and challenge the other court’s lack of jurisdiction a nd failed to do so. Bottomry: A contract, in maritime law, by which money is borrowed for a specified term by the owner of a ship for its use, equipment, or repair for which the ship is pledged as collateral. If the ship is lost in the specified voyage or during the limited time, the lender will lose his or her money according to the provisions of the contract. A contract by which a ship or its freight is pledged as security for a loan, which is to be repaid only in the event that the ship survives a specific risk, voyage, or period. Boundaries: Boundaries are natural or artificial separations or divisions between adjoining properties that show their limits. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS BOUNDARIES 33 Bounty hunter: A bounty hunter is a person who is offered a promised gratuity in return for “hunting” down and capturing or killing a designated target, usually a person or animal. Boycott: A lawful concerted attempt by a group of people to express displeasure with, or obtain concessions from, a particular person or company by refusing to do business with them. An unlawful attempt that is prohibited by the Sher man Anti-trust Act (15 U.S.C.A. § 1 et seq.), to adversely affect a company through threat, coercion, or i ntimidation of its employees, or to prevent others from doing business with said company. A practice utilized in labor disputes whereby an organized group of employees bands together and refrains from dealing with an employer, t he legality of which is determined by applicable provisions of statutes governing labor-management relations. Bracket: The category of the percentage of income tax found on the tax tables set by the INTERNAL REVENUE CODE , within which a taxpayer falls based upon his or her taxable income. Breach of marriage promise: A common-law right of action for breaking a commitment to enter into matrimony. Breach of the peace: A comprehensive term encompassing acts or conduct that seriously endanger or disturb public peace and order. Breaking: To use physical force to separate or damage a solid object. Bribery: The offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties. Bridges: Bridges are structures constructed over obstructions to highways or waterways, such as canals or rivers, in order to provide continuous and convenient passages for purposes of land transportation. A bridge includes the necessary abutments and approaches that make it accessible. A public bridge that spans obstructions to a public highway is built on land owned by the state government for public use, whereas a private bridge is built on private property for the use of particu lar individuals who own it. Brief: A summary of the important points of a longer document. An abstract of a published judicial opinion prepared by a law student as part of an assignment in the case method study of law. A written document drawn up by an attorney for a party in a lawsuit or by a party himself or herself appearing pro se that concisely states the following: (1) issues of a l awsuit; (2) facts that bring the parties to court; (3) relevant laws that can affect the subject of the dispute; and (4) arguments that exp lain how the law applies to the p articular facts so that the case will be decided in the party’sfavor. Bright line rule: A judicial rule that helps resolve ambiguous issues by setting a basic standard that clarifies the AMBIGUITY and establishes a simple response. Thebrightlineruleexiststobringclaritytoalaworregulationthatcouldbereadintwo(or more) ways. Often a bright line is established when the need for a simple decision outweighs the need to weigh both sides of a particular issue. Bring suit: To initiate legal proceedings; to start an action for judicial relief. Broadcasting: As a verb, to transmit programs or signals intended to be received by the public through radio, television, or similar means. As a noun (broadcast), the radio, television, or other program received by the public through the transmission. Broker: A broker is an individual or firm employed by others to plan and organize sales or negotiate contracts for a commission. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 34 BOUNTY HUNTER DICTIONARY OF LEGAL TERMS Buggery: The criminal offense of anal or oral copulation by penetration of the male organ into the anus or mouth of another person of either sex or copulation between members of either sex with an animal. Building and Loan Association: An organization that exists to accumulate a fund, composed of subscriptions and savings o f its members, to help facilitate the purchase or construction of real estate by such members by lending them the necessary funds. Building codes: A series of ordinances enacted by a state or local governmental entity, establishing minimum requirements that must be met in the construction and maintenance of buildings. Building line: Alinethata MUNICIPAL CORPORATION establishes, b eyond which n o building m ay extend to ensure that its streets will appear uniform. Bulk transfer: A sale of all or most of the materials, supplies, merchandise, or other inventory of a business at one time that is not normally done in the ordinary course of the seller’s b usiness. Bulletin: A printing of public notices and announcements that discloses the progress of matters affecting the general public and which usually includes provisions for public comment. A summarized report of a newsworthy item for immediate release to the public. The official publication of an association, business, or institution. Burden of going for ward: The onus on a party to refute or to explain evidence presented in a case. Burden of persuasion: The onus on the party with the BURDEN OF PROOF to convince the trier of fact of all elements of his or her case. In a criminal case the burden of the government to produce evidence of all the necessary elements of the crime BEYOND A REASONABLE DOUBT. Burden of pleading: Thedutyofapartytopleadamattertobeheardinalawsuit.Theonuson the defendant to introduce or raise the defense for consideration in the lawsuit. This concept is also referred to as burden of allegation. Burden of proof: A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact. Bureaucracy: A system of administration wherein there is a specialization of functions, objective qualifications for office, action according to the adherence to fixed rules, and a hierarchy of authority and delegated power. Burglary: The criminal offense of breaking and entering a building illegally for the purpose of committing a crime. Business affected with a public interest: A commercial venture or an occupation that has become subject to governmental regulation by virtue of its offering essential services or products to the community at large. Business judgment rule: A legal principle that makes officers, directors, managers, and other agents of a corporation immune from liability to the corporation for loss incurred in corporate transactions that are within their authority and power to m ake when sufficient evidence demonstrates that the transactions were made in GOOD FAITH. Business record exception: A rule of evidence that allows routine entries made customarily in financial records, or business logs or files kept in the regular course of business, to be introduced as proof in a lawsuit when the person who made such notations is not available to testify. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS BUSINESS RECORD EXCEPTION 35 Business trust: An unincorporated business organization created by a legal document, a declaration of trust, and used in place of a corporation or partnership for the transaction of various kinds of business with limited liability. “But for” rule: In the law of NEGLIGEN CE, a principle that provides that the defendant’sconductis not the cause of an injury to the plaintiff, unless that injury would not have occurred except for (“but for”)thedefendant’sconduct. Bylaws: The rules and regulations enacted by an association or a corporation to provide a framework for its operation and management. C-Span: The Cable-Satellite Public Affairs Network (C-SPAN) broadcasts proceedings of the U.S. Congress, as well as other public events and programs, on cable television. It is funded entirely by the U.S. cable television industry and receives no government support. Its stated mission is “to provide public a ccess to the political process.” Cabinet: A counsel or group of advisers to a king or other chief executive of a government. The group of executive d epartment heads who advise the president of the United States. Calendar: A list of cases that are awaiting trial or other settlement, often called a trial list o r docket. Call: To convoke or summon by public announcement; to request the appearance and participation of several people—such as a call of a jury to serve, a roll call, a call of public election, or a call of names of the members of a legislative body. In contract law, the demand for the payment of money according to the contract terms, usually by formal notice. As applied to corporation law, the demand of the board of directors that subscribers pay an installment or portion of the amount that is still owed on shares that they have agreed to buy. A call price is the price paid by a corporation for the redemption of its own SECURITIES. In securities, a contract that gives a person the right to demand payment of a certain specified number of shares of stock at a stated price or upon a fixed date. Calvo clause: A provision in an agreement between a private individual and a foreign state that says,ineffect,that“aliens are not entitled to rights and privileges not accorded to nationals, and that, therefore, they may seek redress for grievances only before local authorities.” Calvo doctrine: The principle set forth by an Argentine jurist, Carlos Calvo, that a government has no duty to compensate aliens for losses or injuries that they incur as a result of domestic disturbances or a civil war, in cases where the state is not at fault, and, therefore, no justification exists for foreign nations to intervene to secure the settlements of the claims made by their citizens due to such losses o r injuries. Camera: A chamber, room, or apartment in old English law. A judge’s chamber. Treasury, chest, or coffer. Canals: Artificial channels for the conveyance of water, used for navigation, transportation, drainage, or irrigation of land. Cancellation of an instrument: An equitable remedy by which a court relieves both parties to a legal document of their obligations under it due to FRAUD, duress, or other grounds. C GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 36 BUSINESS TRUST DICTIONARY OF LEGAL TERMS . salespeople. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 32 BLACKMAIL DICTIONARY OF LEGAL TERMS Board of directors: A group of people comprising the governing body of a corporation. Board of pardons:. a commission. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 34 BOUNTY HUNTER DICTIONARY OF LEGAL TERMS Buggery: The criminal offense of anal or oral copulation by penetration of the male organ. dependents. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS BENEFICIAL ASSOCIATION 29 Beneficial interest: Profits or advantages from property derived from the terms of a trust agreement. Beneficial