Từ điển chuyên ngành Luật, The essential Law Dictionary, từ điển chuyên ngành, từ điển chuyên ngành luật kinh tế, Tiếng anh về luật, English about law, Các từ vựng cơ bản về luật bằng tiếng anh, Anh văn cho sinh viên luật, sách hay về luật, anh văn về luật Từ điển chuyên ngành Luật, The essential Law Dictionary, từ điển chuyên ngành, từ điển chuyên ngành luật kinh tế, Tiếng anh về luật, English about law, Các từ vựng cơ bản về luật bằng tiếng anh, Anh văn cho sinh viên luật, sách hay về luật, anh văn về luật
ess law:Layout 5/6/08 12:21 PM Page SPHINXESS DICTIONARI The ESSENTIAL LAW DICTIONARY is an up-to-date legal reference, containing over 3,000 entries explaining legal language that can often be hard to understand, even for lawyers This book focuses on defining the terms that people today are most likely to encounter when dealing with the law The definitions are clear, concise, and easy-tounderstand Whether you are a lawyer, a law student, or a layperson, this handy reference will help you understand the precise meaning of any legal term ! Sphinx® Publishing An Imprint of Sourcebooks, Inc.® Naperville, Illinois The ESSENTIAL LAW DICTIONARY es·sen·tial ADJ Of the utmost importance • The most comprehensive pocket-size dictionary • Easy-to-understand definitions • Written by a leading authority in the field 300O Amy Hackney Blackwell Blackwell Wit h MORE TH AN SPHINX DICTIONARIES www.SphinxLegal.com Printed in Canada ! SPHINX DICTIONARIES EAN $11.99 U.S $12.99 CAN £6.99 UK UPC Reference/Legal Reference ISBN-13: 978-1-57248-650-8 ISBN-10: 1-57248-650-3 LAWDICTIONARY ESSENTIAL The Legal Te rm and Phra s ses Essential Legal Dictionary:Layout 4/21/08 5:23 PM The ESSENTIAL LAW DICTIONARY es·sen·tial ADJ Of the utmost importance Amy Hackney Blackwell SPHINX PUBLISHING ® AN IMPRINT OF SOURCEBOOKS, INC.® NAPERVILLE, ILLINOIS www.SphinxLegal.com Page i Essential Legal Dictionary:Layout 4/21/08 5:23 PM Copyright © 2008 by Amy Hackney Blackwell Cover and internal design © 2008 by Sourcebooks, Inc.® All rights reserved No part of this book may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems— except in the case of brief quotations embodied in critical articles or reviews—without permission in writing from its publisher, Sourcebooks, Inc.® All brand names and product names used in this book are trademarks, registered trademarks, or trade names of their respective holders Sourcebooks and the colophon are registered trademarks of Sourcebooks, Inc.® First Edition: 2008 Published by: Sphinx® Publishing, An imprint of Sourcebooks, Inc.® Naperville Office P.O Box 4410 Naperville, Illinois 60567-4410 (630) 961-3900 Fax: (620) 961-2168 www.sourcebooks.com www.SphinxLegal.com This publication is designed to provide accurate and authoritative information in regard to the subject matter covered It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service If legal advice or other expert assistance is required, the services of a competent professional person should be sought From a Declaration of Principles Jointly Adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations This product is not a substitute for legal advice Disclaimer required by Texas statutes Library of Congress Cataloging-in-Publication Data Hackney Blackwell, Amy The dictionary of essential legal terms / by Amy Hackney Blackwell 1st ed p cm ISBN 978-1-57248-780-2 (pbk : alk paper) Law United States Dictionaries I Title KF156.H33 2008 349.7303 dc22 2008008866 Printed and bound in Canada TR 10 Page ii Essential Legal Dictionary:Layout 4/21/08 5:23 PM CONTENTS Definitions Appendix 551 Page iii Essential Legal Dictionary:Layout 4/21/08 5:23 PM Page iv Essential Legal Dictionary:Layout 4/21/08 5:23 PM DEFINITIONS Page Essential Legal Dictionary:Layout 4/21/08 5:23 PM Page Essential Legal Dictionary:Layout 4/21/08 5:23 PM 419 scam 1L N A first-year law student 2L N A second-year law student 3L N A third-year law student 401(k) plan N A retirement savings plan run by a company for its employees that allows employees to save or invest part of their salary tax-free and often includes contributions by the employer 419 scam N A common scam named for a section of the Nigerian criminal code in which scammers persuade victims to send them large sums of money in order to receive promised large payoffs that never arrive Page Essential Legal Dictionary:Layout 4/21/08 5:23 PM Page Essential Legal Dictionary:Layout 4/21/08 A 5:23 PM Page Essential Legal Dictionary:Layout 4/21/08 543 5:25 PM wrongful act writing N The act of writing; a written document or instrument writ of assistance N An equitable remedy that transfers title to property that has been determined by the court to belong to the recipient writ of attachment N A court order to seize a debtor’s property; see also attach writ of certiorari See certiorari writ of error N A writ issued by an appellate court to a lower court ordering it to send the appellate court the record of a case tried in the lower court so that the appellate court can review it for errors in application of the law writ of execution N A writ ordering a law enforcement officer to enforce a judgment by the court writ of prohibition N An order issued by a higher court to a lower one preventing it from exceeding its jurisdiction written instrument N Something set down in writing; see also instrument wrong ADJ (1) Incorrect; false (2) Immoral; dishonest; violating the rights of another N An immoral, unjust, or injurious act; a violation of someone’s legal rights that results in harm; a breach of one’s legal duty that results in harm to someone else wrongdoer N A person who violates someone’s rights or injures someone else wrongful ADJ Causing injury; infringing on someone’s rights; reckless; unfair wrongful act N An act that infringes on someone’s rights and injures him or her Page 543 Essential Legal Dictionary:Layout wrongful death 4/21/08 5:25 PM 544 wrongful death N A statutory offense or tort for death caused by a wrongful act or negligence for which an action can be brought on behalf of the dead person’s beneficiaries wrongful life N A medical malpractice claim that can be brought on behalf of a child injured at birth, born with birth defects, or other situations in which the parents allege that the child is the victim of bad medical practice or advice WTO ABBRV World Trade Organization Page 544 Essential Legal Dictionary:Layout 4/21/08 X 5:25 PM Page 545 Essential Legal Dictionary:Layout x 4/21/08 5:25 PM 546 x N A mark used as a signature by someone who cannot write Page 546 Essential Legal Dictionary:Layout 4/21/08 Y 5:25 PM Page 547 Essential Legal Dictionary:Layout year-and-a-day rule 4/21/08 5:25 PM 548 year-and-a-day rule N A common law rule, discarded by some jurisdictions, requiring that death occur within one year and one day of some wrongful act for that act to be considered murder yellow dog contract N An employment contract that threatens to fire an employee if he or she joins a labor union, prohibited under most laws and unenforceable in court yield V (1) To produce; to deliver (2) To surrender; to give up N That which is produced by something; the money produced from an investment yield, current N Current return on an investment measured as a percentage of its current price yield to maturity N The return that an investor will receive from a bond held until it matures youthful offender N A criminal who is older than a juvenile but still young, usually between the ages of 18 and 25, who might receive special consideration at sentencing to maximize chances of rehabilitation Page 548 Essential Legal Dictionary:Layout 4/21/08 Z 5:25 PM Page 549 Essential Legal Dictionary:Layout 4/21/08 5:25 PM zone 550 zone N An area with a particular characteristic or assigned use V To divide a town or city into geographical areas with different building requirements and land use restrictions zoning The act or condition of dividing a town or city into zones zoning, aesthetic N Zoning designed to encourage the preservation of beauty or aesthetic features in an area zoning, cluster N Zoning that permits small lot sizes and closely spaced homes along with large areas of public green space such as parks zoning, density N Zoning that emphasizes clustered housing and aims for a particular population density See also variance Page 550 Essential Legal Dictionary:Layout 4/21/08 5:25 PM APPENDIX List of Common Abbreviations Page 551 Essential Legal Dictionary:Layout 4/21/08 5:25 PM List of Common Abbreviations 552 1L A first-year law student 2L A second-year law student 3L A third-year law student ABA American Bar Association ABM Anti-ballistic missile ACLU American Civil Liberties Union ACRS Accelerated cost recovery system ADA Americans with Disabilities Act ADEA Age Discrimination in Employment Act ARM Adjustable rate mortgage BATFE Bureau of Alcohol, Tobacco, Firearms and Explosives BLS Bureau of Labor Statistics CDA Communications Decency Act CDC Centers for Disease Control and Prevention CFAA Computer Fraud and Abuse Act C.I.F Cost, insurance, and freight CIPA Children’s Internet Protection Act COBRA Consolidated Omnibus Budget Reconciliation Act of 1985 CPA Certified public accountant CTBT Comprehensive Test Ban Treaty Page 552 Essential Legal Dictionary:Layout 553 4/21/08 5:25 PM List of Common Abbreviations DHS Department of Homeland Security DMZ Demilitarized zone DNI Distributable net income DNS Domain Name System DRM Digital rights management EPA Environmental Protection Agency ERA Equal Rights Amendment ERISA Employment Retirement Income Security Act of 1974 ESOP Employee stock ownership plan EU European Union FAA Federal Aviation Administration FBI Federal Bureau of Investigation FCC Federal Communications Commission FDA Food and Drug Administration FDIC Federal Deposit Insurance Corporation FEMA Federal Emergency Management Agency FFL Federal Firearms License FICA Federal Insurance Contribution Act FOIA Freedom of Information Act FSA Flexible spending account Page 553 Essential Legal Dictionary:Layout 4/21/08 5:25 PM List of Common Abbreviations 554 FTC Federal Trade Commission FUD Fear, uncertainty, and doubt GATT General Agreement on Tariffs and Trade HIPAA Health Insurance Portability and Accountability Act HMO Health maintenance organization HSA Health savings account ICANN Internet Corporation for Assigned Names and Numbers INS Immigration and Naturalization Services IPO Initial public offering IRA Individual retirement account IRS Internal Revenue Service MPAA Motion Picture Association of America NAFTA North American Free Trade Agreement NASDAQ National Association of Securities Dealers Automated Quotations NLRB National Labor Relations Board NPT Nuclear Nonproliferation Treaty NRA National Rifle Association NRC Nuclear Regulatory Commission OSHA Occupational Safety and Health Act Page 554 Essential Legal Dictionary:Layout 555 4/21/08 5:25 PM List of Common Abbreviations RIAA Recording Industry Association of America RICO Racketeer Influenced and Corrupt Organizations Act SEC Securities and Exchange Commission SEP-IRA Simplified Employee Pension Individual Retirement Account SLAPP Strategic Lawsuit Against Public Participation TSA Transportation Security Administration UCC Uniform Commercial Code UCCC Uniform Consumer Credit Code UGMA Uniform Gifts to Minors Act UN United Nations USA PATRIOT Act Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 USCIS United States Citizenship and Immigration Services UTMA Uniform Transfers to Minors Act VA United States Department of Veterans Affairs WHO World Health Organization WIPO World Intellectual Property Organization WTO World Trade Organization Page 555 Essential Legal Dictionary:Layout 4/21/08 5:25 PM ABOUT THE AUTHOR Amy Hackney Blackwell received her AB from Duke University, her MA in history from Vanderbilt University, and her JD from the University of Virginia School of Law She is an attorney and practiced law for several years Besides writing and practicing law, she has also taught LSAT preparation classes and paralegal courses, as well as spending several years as a researcher in the University of Virginia Law Library Page 556 ess law:Layout 5/6/08 12:21 PM Page SPHINXESS DICTIONARI The The is an up-to-date legal reference, containing over 3,000 entries explaining legal language that can often be hard to understand, even for lawyers This book focuses on defining the terms that people today are most likely to encounter when dealing with the law The definitions are clear, concise, and easy-tounderstand Whether you are a lawyer, a law student, or a layperson, this handy reference will help you understand the precise meaning of any legal term Reference/Legal Reference ! Sphinx® Publishing An Imprint of Sourcebooks, Inc.® Naperville, Illinois ESSENTIAL LAWDICTIONARY ESSENTIAL LAW DICTIONARY The ESSENTIAL LAW DICTIONARY es·sen·tial ADJ Of the utmost importance • The most comprehensive pocket-size dictionary • Easy-to-understand definitions • Written by a leading authority in the field SPHINX DICTIONARIES www.SphinxLegal.com Printed in Canada Wit h MORE TH AN Amy Hackney Blackwell Blackwell ! SPHINX DICTIONARIES 300O Legal Te rm and Phra s ses