Daniel Oran - Oran's Dictionary of the Law

328 Negative pregnant

Negative pregnant A denial that really admits what seems to be denied. For example, in response to the question “Did you go to New York?”, “I didn’t go yesterday” would be a negative pregnant because it implies going some other time.

Neglect 1. Failure to do a thing that should be done. 2. Absence of care in doing something. 3. Failure to properly care for a child.

Negligence 1. The failure to exercise a reasonable amount of care in a situation that causes harm to someone or something. It can involve doing something carelessly or failing to do something that should have been done. Negligence can vary in seriousness from gross (recklessness or willfulness), through ordinary (failing to act as a reasonably careful person would), to slight (not much). 2. Criminal negligence is the careless state of mind that can make an action a crime; for example, the extreme carelessness in driving a car that might change a noncriminal homicide into manslaughter. For comparative, contributory, imputed, etc., negligence, see those words.

Negligent Careless (see negligence). For example, negligent entrustment is leaving a gun with a child, a car with a drunk, a surplus with a legislator, etc.

Negotiable 1. Capable of being transferred. Describes something that can have its ownership transferred by signing it over to someone else.

2. See negotiate.

Negotiable instrument A signed document that contains an unconditional promise to pay an exact sum of money, either when demanded or at an exact future time. Further, it must be marked payable “to the order of” a specific person or payable “to bearer” (the person who happens to have it). Negotiable instruments include checks, notes, and bills of exchange. There is a whole branch of law concerning them and a special vocabulary of ordinary sounding words (such as “holder”) that have specialized meanings in this area. You can, however, gain a basic understanding of negotiable instruments by looking at what is printed on a check, thinking about the reasons for each phrase or blank, and reading the bank’s rules for cashing the check.

Negotiate 1. Discuss, arrange, or bargain about a business deal. 2. Discuss a compromise to a situation. 3. Transfer a negotiable instrument (see that word) from one person to another.

Negotiation See negotiate.

Nem. con. Abbreviation for nemine contradicente.

Nemine contradicente (Latin) “No one dissenting.” Describes a unanimous decision or vote.

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Nemo (Latin) No one; no person. Nemo is used in many legal phrases such as “nemo est supra leges” (no one is above the law).

Nepotism Giving jobs or contracts to your own relatives.

Net The amount remaining after subtractions. For example, net assets (or net worth) are what is left after subtracting what you owe from what you have; net weight is the weight of a product not counting the container; and the net cost of a car might be what you pay the dealer minus what you get back from the automaker as a rebate.

Net book value (or net asset value) 1. The amount of a company’s property backing each share of stock or bond it puts out. Calculating this amount is complex. 2. The market value of a mutual fund, usually the value of all securities held, minus any liabilities, all divided by the number of shares held by investors.

Net contract (or listing) A sales (or listing) contract in which the broker’s commission is equal to the amount by which the sale price exceeds a particular amount.

Net lease A lease in which the tenant pays rent plus all the costs of ownership, such as taxes and maintenance.

Net position The difference between short and long positions held in one commodity or security; more simply, the amount that a person will gain or lose by a change in the value of a commodity or a stock.

Net worth method A way the I.R.S. proves that a person has understated taxable income by showing that the person has acquired more assets than could be bought by the stated income.

Neutral 1. Impartial or lacking bias. 2. Not a part of the prosecutorial system. 3. Independent.

Neutrality laws Laws prohibiting the U.S. government or U.S. citizens from giving military help in a war against any country with which the U.S. is at peace.

Neutralize Lessen the effect of harmful testimony by showing that the witness has made conflicting statements. See also impeachment.

New and useful In patent law, describes an invention that accomplishes a practical result in a new way.

New value In bankruptcy law, something given to or done for a debtor by a creditor, after bankruptcy proceedings have started, that is sufficiently unrelated to past debts that it may be compensated by the debtor without being a preferential transfer subject to challenge by other creditors.

330 New York Times v. Sullivan

New York Times v. Sullivan (376 U.S. 967) The 1964 U.S. Supreme Court decision that established the rule that, under the First Amendment, a public official cannot get damages from a newspaper (or others) for libel unless the publisher knew the material was false or published it with a reckless disregard for whether or not it was true.

Newly discovered evidence Facts about something crucial to the outcome of a trial that were not known (nor should have reasonably been known) by a party to the trial. If these facts are discovered by the party after the verdict, but existed before the verdict, they may be the basis for requesting a new trial.

Newsperson’s privilege See journalist’s privilege and shield law. Next cause See proximate cause.

Next friend A person who acts formally in court for a child without being that child’s legal guardian.

Next of kin 1. Persons most closely related to a dead person. 2. All persons entitled to inherit from a person who has not left a will.

Nexus A direct, clear, and substantial interconnection.

Nice question A question that is hard to answer; a decision that is hard to make.

Nihil (Latin) Nothing. For example, nihil dicit (“he says nothing”) is a default judgment given by a court to the plaintiff because the defendant does not answer the complaint; and nihil est (“there is nothing”) is used by a sheriff to describe a court paper that cannot be served (formally delivered) to the proper person.

Nil (Latin) Nothing.

Nineteenth Amendment The U.S. constitutional amendment that gave women the right to vote.

Ninety day letter A notice from the I.R.S. that claims you owe more taxes. During the ninety days after receiving the notice, you must pay the taxes, pay the taxes under protest and claim a refund, or challenge the I.R.S.’s decision in Tax Court.

Ninth Amendment The U.S. constitutional amendment that states that merely because certain rights are specifically given by the Constitution to the people, there is no implication that other unlisted rights do not exist.

Nisi (Latin) “Unless.” A judge’s rule, order, or decree (see those words) that will take effect unless the person against whom it is issued comes to court to “show cause” why it should not take effect. [pronounce: ni-si]

No fault 331

Nisi prius (Latin) “Unless before.” In American law, describes a trial court as opposed to an appellate court. [pronounce: ni-si pri-us]

Nitro (glycerine) instruction Allen charge.

Nixon v. United States (418 U.S. 683) A 1974 Supreme Court decision that refused to allow a claim of executive privilege (see that word) to keep tape recordings made by the president from being produced for an important criminal trial.

No action clause A provision in many liability insurance policies that the insurance company need not pay anything until a lawsuit against the insured person results in a judgment or agreement about the amount owed.

No action letter A letter from a government agency lawyer that, if the facts are as represented in a request by a person for an agency decision, the lawyer will recommend that the agency take no action against the person.

No bill The statement made by a grand jury that finds insufficient evidence for an indictment against a person on a criminal charge. Also called “not found,” “not a true bill,” or “ignoramus.”

No contest 1. See nolo contendere. 2. A no contest clause is a provision in a will that, if a person challenges the will or anything in it, that person loses what he or she was to be given in the will.

No docs (and low docs) Describes loans that can be approved with no (or few) credit checks, tax statements, or other documentation because the buyer puts up more than the usual down payment.

No evidence There is no evidence to support a contention or a lawsuit if facts to support any crucial part of the case are completely missing, are barred from admission, are so trivial that they amount to nothing, or are indisputably contradicted by contrary facts. (If any of these situations exist, a judge may give a judgment non obstante veredicto, a summary judgment, or a directed verdict.)

No eyewitness rule The principle that if there is no direct evidence (see that word) of what a dead person did to avoid an accident, the jury may assume that the person acted with care for his or her own safety.

No fault 1. Describes a type of automobile insurance, required by some states, in which each person’s own insurance company pays for injury or damage up to a certain limit no matter whose fault it is. 2. A no fault divorce, available in most states, is granted upon proof that a husband and wife have lived apart without marital relations for a period of time, usually six months or one year.

332 No knock warrant

No knock warrant See knock and announce rule.

No limit order Instructions from a client to a broker to buy or sell a certain amount of stock or other securities without any limits on price.

No load fund A mutual fund that charges no sales commissions (but may charge a management fee).

No retreat rule See true person doctrine.

Noerr-Pennington doctrine The principle that the First Amendment permits companies to join together to lobby any part of the government even if the result is anticompetitive under the antitrust acts.

Nol. Pros. Short for nolle prosequi.

Nolens volens (Latin) Willing or unwilling.

Nolle prosequi (Latin) The ending of a criminal case because the prosecutor decides or agrees to stop prosecuting. When this happens, the case is “nolled,” “nollied,” or “nol. prossed.” (This is not nolo contendere or non prosequitur, although it is sometimes used as a synonym for non prosequitur.)

Nolo contendere (Latin) “I will not contest it.” A defendant’s plea of “no contest ” in a criminal case. It means that he or she does not directly admit guilt, but submits to sentencing or other punishment. A defendant may plead nolo contendere only with the judge’s permission because, unlike a “guilty” plea, this cannot be used against the defendant in a later civil lawsuit.

Nominal 1. In name only. For example, a nominal defendant is a person sued in a lawsuit, not to get anything but because the lawsuit would be formally defective without including that person. And a nominal interest rate is the interest stated on a stock or other security, rather than the actual interest earned as computed by the cost of the stock and other factors. 2. Not real or substantial; slight; token or symbolic only. For example, nominal damages are often set at six cents or one dollar because actual damages have not been proved.

Nominal trust A dry trust (see that word).

Nominee 1. A person chosen as a candidate for public office. 2. A person chosen as another person’s representative (deputy, agent, trustee, etc.). 3. A nominee trust is an arrangement in which one person agrees in writing to hold property for the benefit of another undisclosed person. See also street name.

Non 1. A prefix meaning “no” or “not.” Its use may be separate (“non contestable”), hyphenated (“non-contestable”), or together with the base word (“noncontestable”). 2. Most English words beginning with “non” can be found by looking up the base word. (For example, to un-

Nonconforming use 333

derstand “Nonacceptance,” look up “acceptance.”) These words include: nonaccess, nonassessable, noncancelable, noncontribution, noninsurable, nonjoinder, nonrecognition, nonstock, etc.

3. Some English “non” words (such as nonacquiescence, noncontestable, nonintervention, etc.) have technical meanings not found in the base word definitions. These are separately defined after this word. 4. A Latin word meaning “no,” “not,” “do not,” “should not,” “did not,” etc. It appears in many legal phrases (such as “non compos mentis,” “non obstante veredicto,” “non prosequitur,” etc.). These are separately defined after this word. 5. “He did not.” The first part of the name for many defenses to old lawsuits, such as non acceptavit (“he did not accept” a bill of exchange); non assumpsit (“he did not promise” to make a contract); non concessit (“he did not grant” by deed); non demisit (“he did not demise” a property lease); non detinet (“he did not detain” the property of another); and non est factum (“it is not his deed or act” that is being sued on).

Non compos mentis (Latin) “Not of sound mind.” This includes idiocy, insanity, severe drunkenness, etc.

Non obstante veredicto (Latin) “Notwithstanding the verdict.” A judgment non obstante veredicto (J.N.O.V.) is a judge’s giving judgment

(victory) to one side in a lawsuit even though the jury gave a verdict (victory) to the other side.

Non pros Short for non prosequitur.

Non prosequitur (Latin) “He does not follow up.” Describes a judgment given to a defendant because the plaintiff has stopped pursuing the case. This is now usually replaced by a “motion to dismiss” or a default judgment, but where still used is often called a non pros.

(This is not nolle prosequi or nolo contendere.)

Non sui juris (Latin) “Not of his own law or right.” Describes a minor, an insane person, etc.

Non vult contendere Nolo contendere.

Nonacquiescence The I.R.S.’s announced disagreement with a decision of the U.S. Tax Court.

Nonage Not yet of legal age; still a minor (see that word).

Nonclaim law Statute of limitations.

Nonconforming goods Goods that fail to meet contract specifications.

Nonconforming lot A piece of land with a size or shape that would not be permitted by current zoning laws.

Nonconforming use The use of a piece of land that is permitted, even though that type of use is not usually permitted in that area by the

334 Noncontestable clause

zoning laws. This can come about either because the use (building size, use, etc.) existed before the zoning law or because a variance has been granted.

Noncontestable clause A provision in an insurance policy that prohibits the insurance company from refusing (on the basis that there was a mistake or fraud committed in the application for insurance) to pay a claim if a certain amount of time has passed since the application was made.

Nonfeasance The failure to perform a required duty (especially by a public official). Compare with malfeasance and misfeasance.

Nonintervention will Any will that contains a provision allowing the executor to handle the dead person’s property without court supervision. Only a few states recognize the validity of such a provision.

Nonprofit organization Any group that is not organized for the primary purpose of making a profit and that does not distribute profits to shareholders, directors, etc. Most are tax exempt under section 501(c) of the Internal Revenue Code. 501(c) organizations include social, business, labor, mutual financial benefit, and other organizations, but most are 501(c)(3) charitable and religious organizations. Some 501(c) organizations primarily benefit their members and some primarily benefit the public. Many are organized under state laws based on the Revised Model Nonprofit Corporation Act. Many different combinations of words are used to mean “nonprofit organization.” “Beneficial,” “benefit,” “benevolent,” “charitable,” “eleemosynary,” “mutual,” “not-for-profit,” “philanthropic,” “voluntary,” and other words are used for “nonprofit,” and “association,” “corporation,” “foundation,” “society,” and other words are used for “organization.” These words often have overlapping or conflicting uses. See the bold words (especially charitable) for more information, and contrast business organization.

Nonrecourse loan Any loan for which the borrower is not personally liable and for which the lender may only take and sell the collateral (if any) if the loan is not repaid. This type of loan is used in surplus crop price support programs in which the crop is the only security for the loan. Some mortgage loans are also nonrecourse. Current tax law limits deductions for some types of nonrecourse loans.

Nonsuit The ending of a lawsuit because the plaintiff has failed to take a necessary step or accomplish a necessary action. In most places now, this will be a dismissal, a default judgment, or a directed verdict.

Notice 335

Nonsupport The failure to provide financially for a spouse, child, or other dependent. It is grounds for a divorce in some states and may be a crime if willful.

Nonuser The failure to use a right, such as an easement, for so long that the right may be lost.

Normal law The law as it affects normal persons “of sound mind” who can manage their own affairs and act for themselves in legal situations.

Norris-LaGuardia Act (29 U.S.C. 101) A 1932 federal law to prevent many types of injunctions against strikers and to prohibit yellow dog contracts (see that word).

Noscitur a sociis (Latin) “It is known from its associates.” 1. Describes the principle that a word’s meaning, if unclear, may be determined from the meaning of surrounding words. 2. Describes the assumption that a person’s character is similar to that of his or her friends.

Notary public A person given power by a state to administer oaths, certify the authenticity of signatures, witness wills, etc., within the state.

Notation voting Voting (by a board, legislature, etc.) without any meeting. It is not permitted in most situations.

Note 1. A written promise to pay a debt. See promissory note. 2. A short explanation in a law journal of a legal point or a set of cases.

Notes of decisions References to cases that discuss the laws printed in an annotated statutes book.

Not-for-profit organization See nonprofit organization.

Notice 1. Knowledge of certain facts. “Constructive notice” means a person is treated as if he or she knew certain facts. 2. Formal receipt of the knowledge of certain facts. For example, “notice” of a lawsuit usually means that formal papers have been delivered to a person (personal notice) or to the person’s agent (imputed notice). 3. Various trial notices include notice: of motion, of orders, of judgments, of trial, to appear, to plead, etc. 4. For various types of real estate transaction notice laws (such as race statutes, notice statutes, and race-notice statutes), see recording acts. 5. A “notice to creditors” is the notice in a bankruptcy proceeding that a meeting of creditors will be held, that claims must be filed, or that relief has been granted. 6. A “notice to quit” is the written notice from a landlord to a tenant that the tenant will have to move.

336 Notice and comment period

Notice and comment period Comment period.

Notorious 1. Well known or publicly known. 2. Well known and scandalous, perhaps also illegal.

Novation The substitution by agreement of a new contract for an old one, with all the rights under the old one ended. The new contract is often the same as the old one, except that one or more of the parties is different.

Novelty Newness. For an invention to be novel enough to get a patent, it must not only have a new form, but also perform a new function or perform an old one in an entirely new way.

Nude Lacking something basic to be legally valid. See also naked and bare.

Nudum pactum (Latin) “Nude pact” or bare agreement. A promise or action without any consideration (payment or promise of something of value). [pronounce: new-dum pack-tum]

Nugatory Invalid; without force or effect.

Nuisance 1. Anything that annoys or disturbs unreasonably, hurts a person’s use of his or her property, or violates the public health, safety, or decency. 2. Use of land that does anything in no. 1. 3. A private nuisance is a tort that requires a showing of special harm to you or your property and allows the recovery of damages for the harm as well as an injunction. A public nuisance is a general, widespread problem that can be opposed by an injunction or criminal prosecution. A nuisance can be both public and private.

Null No longer having any legal effect or validity.

Nulla bona (Latin) “No goods.” The name for a type of return (see that word) a sheriff uses to inform a judge that the goods the sheriff has been ordered to seize cannot be found.

Nullification 1. Ending something’s legal effect and validity. 2. Jury nullification. 3. The principle advocated by southern states before the Civil War that a state can declare a federal law unconstitutional.

Nullity “Nothing.” Of no legal force or effect.

Nunc pro tunc (Latin) “Now for then.” Describes something done “now” that has the same effect as if done “then,” so that it has retroactive effect. For example, a judge may issue a nunc pro tunc order to correct a trial record made earlier, with the effect that the record is considered correct as of the date it was first made, in effect backdating the order.

Nuncupative will An oral will. It is valid in a few states. See also military will.