BRESLER’S LAW DICTIONARY | Legal, Financial, Business, and Health-Related documents that are easy to understand

The following terms are not in the 11th edition of Black’s Law Dictionary, published in 2019. This is not a criticism. No dictionary is complete. Some of these terms became widely used too late for the 11th edition.

Are these entries neologisms, that is, new words? Some of them, yes, depending on how long a new word stays new. But most of them, no; they just haven’t made a legal dictionary yet, or not Black’s Law Dictionary. (Black’s, of course, is not the only legal dictionary. But it is the most prominent and probably the most authoritative. And I admire it.)

Send me your legal terms that are not in Black’s, whether neologisms or not. Please send sources for the legal term, as well. If you’ve invented a term, please tell me if you’ve published it, in print or on-line. If you have any claim on or interest in what you send me, you waive it by sending it to me. I’ll credit you when appropriate.

– Ken Bresler

abatement ab initio. noun. Common-law rule that the death of a criminal defendant whose conviction is on appeal voids the conviction. E.g., U.S. v. Oberlin, 718 F.2d 894 (9th Cir. 1983).

ag gag law, ag-gag law. noun. Statute criminalizing the filming of treatment of farm animals, such as by animal-rights activists. [Ag[ricultural] gag]

amatory tort. noun. Tort alleging criminal conversation (suing a third party for adultery), alienation of affection (suing a third party for marital desertion), breach of promise to marry (suing a sexual partner for engaging in behavior that the plaintiff would not have engaged in without an expectation or promise of marriage), and seduction (suing a woman’s sexual partner, sometimes by her father for premarital sex or unwed motherhood). Abolished in most states through heartbalm statutes, but survive in six states.

Amazon law. noun. State law requiring internet retailers to collect sales tax even if they have no in-state physical presence.

B corp, B corporation. See benefit corporation.

bathroom bill. noun. Proposed or enacted legislation restricting access by transgender people to restrooms and changing rooms designated for men or women based on people’s biological sex or sex assigned at birth.

benefit corporation. noun. For-profit corporation, authorized by a majority of American states, with goals, in addition to profiting its shareholders, of benefiting workers, society, the community, and the environment. Also called “B corp,” “B corporation,” or “public benefit corporation (PBC).” (Not the same as “B Corp certification,” “B Lab certification,” or “B Corporation certification,” which is a private certification that B Lab, an international non-profit, issues to for-profit corporations.)

biosimilar. noun. A biologic product that is “highly similar” to one that the Food and Drug Administration has already approved. Sandoz, Inc. v. Amgen, Inc., 137 S. Ct. 1664, 1679 (2017).

birthright citizenship. noun. Citizenship granted under the U.S. Constitution, 14th Amendment, § 1, to everyone born in in the U.S.

blank check company. noun. Company that has no specific business plan or purpose or whose business plan is to conduct a merger or acquisition with an unidentified company, companies, entity, or person. See special purpose acquisition company.

cat’s paw theory, cat’s paw liability, cat’s-paw liability. noun. Employer liability for “the acts of a biased subordinate, even if that subordinate is not the formal decisionmaker,” Equal Employment Opportunity Commission v. BCI Coca-Cola Bottling Company of Los Angeles, 450 F.3d 476, 482 (10th Cir. 2006), such as when a biased subordinate influences an unbiased supervisor. Arendale v. City of Memphis, 519 F. 3d 587, 604 n.13 (6th Circuit 2008). “The term ‘cat’s paw’ derives from a fable conceived by Aesop…and injected into United States employment discrimination law by [Seventh Circuit Justice Richard] Posner in 1990. See Shager v. Upjohn Co., 913 F.2d 398, 405 (CA7). In the fable, a monkey induces a cat by flattery to extract roasting chestnuts from the fire. After the cat has done so, burning its paws in the process, the monkey makes off with the chestnuts and leaves the cat with nothing.” Staub v. Proctor Hospital, 131 S. Ct. 1186, 1190 n.1 (2011). Sometimes called, related to, and see also “rubber stamp theory,” “rubber stamp liability,” and “rubber-stamp liability.”

C.F.R. Court, CFR Court. noun. Courts established by the federal government to administer justice for Indian tribes “in certain parts of Indian country ‘where tribal courts have not been established.’” Denezpi v. U.S., 142 S.Ct. 1838, 1843 (2022) (quoting 25 CFR §11.102) (term derives from courts’ “basis in what is now the Code of Federal Regulations”). Also called “Court of Indian Offenses.” Id.

chutzpah. noun. Audacity, especially when an argument or position is advanced hypocritically, with unintentional irony, or with unclean hands. See e.g., Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, 131 S. Ct. 2806, 2820 n.6 (2011), id. at 2835 (Kagan, J., dissenting), and 87 Ky. L.J. 417 (1999).

cisgender. noun. A person whose sexual identity corresponds with the legal sex he or she was assigned at birth. adjective. Pertaining to a cisgender. See e.g., Norsworthy v. Beard, 74 F. Supp. 3d 1100, 1116 (N.D. Cal. 2014).

Congressional Emolument(s) Clause. noun. U.S. Const., art. I, § 6, cl. 2, sometimes called the Emolument(s) Clause, which bars a U.S. senator or representative from voting to increase the salary for a federal office and then filling it. Also called Ineligibility Clause, Incompatibility Clause, or Sinecure Clause.

CORI. verb. To check a person in the Criminal Offender Record Information (CORI) database. Example: “The prospective employee was CORI’d.”

Court of Indian Offenses. See C.F.R. Court, CFR Court.

DACA. See Deferred Action for Childhood Arrivals.

Deferred Action for Childhood Arrivals (DACA). noun. Policy announced by the Department of Homeland Security in 2012, and phased out by the Trump Administration in 2017, not to deport certain undocumented aliens who were brought to the U.S. as children, and to grant them access to various benefits, including work authorization and drivers’ licenses. DACA recipients are often imprecisely called “Dreamers.” See Dreamer.

designated lender counsel. noun. The law firm that private equity firms require banks to use when lending for a leveraged buyout or other acquisition. The requirement is controversial as a potential conflict of interest for the law firm or diminution of legal protection for the bank.

dictumizer. noun. Creator or purveyor of dicta; person who reads too much into a dictum. Justice Antonin Scalia used this word in his concurrence to Schuette v. BAMN, 134 S.Ct. 1623, 1645 (2014), but was not the first to use it; it appears in a 2011 self-published ebook castigating President Barack Obama.

Disqualification Clause. noun. U.S. Constitution, 14th amendment, § 3, which generally bars anyone who has engaged in insurrection or rebellion against the U.S. Constitution from holding federal or state office. Also called “Insurrectionist Disqualification Clause” or “Insurrection Clause.”

diversity rider. noun. Contract provision for a film performer, usually a star, requiring that cast and people in offscreen positions include a certain number or percentage of women, people of color, and lesbian, gay, bisexual, or transgender people. Also called “inclusion rider” or “inclusiveness rider.”

divisional merger. See Texas two-step.

divisive merger. See Texas two-step.

DMCA. verb. Under the Digital Millennium Copyright Act (DMCA), for a copyright owner to send a takedown notice to an Internet Service Provider, demanding it remove Internet content allegedly infringing a copyright. See 17 U.S.C. § 512(c)(1)(C).

Domestic Emolument(s) Clause. noun. U.S. Const., art. II, § 1, cl. 7, sometimes called the Emolument(s) Clause or Presidential Compensation Clause. Among other things, it bars the president from receiving compensation other than salary from the federal or a state government.

door lawyer. noun. Lawyer who takes any legal work that comes in the door.

d order. noun. Court order for information from an Internet service provider, telephone company, or other communications provider under 18 U.S.C. §2703(d), the Stored Communications Act (SCA), which in turn is part of the Electronic Communications Privacy Act (ECPA).

Dreamer. noun. Alien minor who could receive conditional and then permanent residency under legislation first proposed in 2001, but not passed, called the DREAM Act, for Development, Relief, and Education for Alien Minors Act. Often used imprecisely as a synonym for a recipient of Deferred Action for Childhood Arrivals (DACA). However, the DREAM Act’s provisions overlap with, but do not coincide with DACA, and the DREAM Act has not passed.

emerging adult. noun. Young adult. Although the age range varies among courts and social scientists, it is often 18 through 20 years and can range as high as through 24. The term is usually used in assessing criminal responsibility and sometimes in access to abortion cases.

Emolument(s) Clause. noun. Reference to one of three possible provisions in the U.S. Constitution. 1. U.S. Const., art. I, § 9, cl. 8, sometimes called the Foreign Emoluments Clause, which bars the president from accepting compensation from a foreign official or government. 2. U.S. Const., art. II, § 1, cl. 7, sometimes called the Domestic Emolument(s) Clause or the Presidential Compensation Clause, which, among other things, bars the president from receiving compensation, other than salary, from the federal or a state government. 3. U.S. Const., art. I, § 6, cl. 2, sometimes called the Congressional Emolument(s) Clause, which bars a U.S. senator or representative from voting to increase the salary for a federal office and then filling it. Also called Ineligibility Clause, Incompatibility Clause, or Sinecure Clause.

exploding offer. noun. Offer, such as a contract proposal, whose deadline is often short, such as hours or days, and sometimes immediate, before the offerer withdraws it.

extreme risk protection order. noun. Order issued under a red flag law.

fetal heartbeat bill. See heartbeat bill.

Federal Housekeeping Statute. See Housekeeping Statute.

FOIA. verb. To use the Freedom of Information Act (FOIA); to file an FOIA request. Example: “She FOIA’d the policy manual.”

FOIA’d. adjective. Pertaining to documents obtained through a Freedom of Information Act (FOIA) request. Example: “The FOIA’d voice mails reveal that….” verb. Past tense of verb “to FOIA.”

GDPR. See General Data Protection Regulation

General Data Protection Regulation (GDPR). noun. European Union regulation protecting people’s personal data and privacy, effective May 25, 2018.

ghost gun. noun. Firearm without a serial number that a person has made individually from parts, allowing the owner to bypass a background check and registration requirements, and making the firearm untraceable.

Global Magnitsky Act. See Magnitsky Act.

go lawyer on. verb. To act or speak legalistically or adopt such a position or attitude excessively or in a nonlegal situation, whether or not the actor is a lawyer. Example: “She went lawyer on him.” See go prosecutor on.

go prosecutor on. verb. To act or speak prosecutorially or accusatorially or adopt such a position or attitude excessively or in a noncriminal situation, whether or not the actor is a prosecutor. Example: “Don’t go prosecutor on me.” See go lawyer on.

heartbeat bill. noun. Bill or statute illegalizing the abortion of a fetus whose heartbeat can be detected. Also called “fetal heartbeat bill.”

housekeeping. adjective. Pertaining to administrative, logistical, or minor procedural rules or acts to tidy up matters or keep them tidy, such as language,which are not substantive, adjudicative, or intended to affect or grant rights.

Housekeeping Statute. noun. 5 U. S. C. § 301. Also called “Federal Housekeeping Statute.”

Insurrection Clause. See Disqualification Clause.

Insurrectionist Disqualification Clause. See Disqualification Clause.

inversion. noun. Tax-reducing transaction in which a U.S. company buys a company in a foreign country with lower taxes, and moves its domicile there, but typically leaves its operations and management in the U.S. Called an inversion because the foreign company is typically smaller, around 25% of the U.S. company’s size. A super-inversion is a U.S. company’s purchase of a foreign company that is more than 40% of its size. U.S. Treasury rules restrict the tax benefits of inversions but not super-inversions.

lawfare. noun. Abuse of law for political or military ends, often in international and human rights forums. [law + [war]fare]

law-firm verein. See verein.

limitrophe. adjective. Pertaining to a border, boundary, or buffer zone, as in “limitrophe area.” Used in Hernandez v. Mesa,137 S.Ct. 2003, 2009, 2010 (2017) (Breyer, J., dissenting) and treaties to describe a culvert between the U.S. and Mexico through which the international border runs.

Logan Act. noun. Federal statute making it a felony for a U.S. citizen to, without authority, communicate or interact with a foreign government with intent to influence that government’s conduct in a dispute or controversy with the U.S. or to defeat a U.S. measure. 18 U.S.C. § 953. Named after Dr. George Logan, a Pennsylvania state legislator who in 1798 negotiated with France as a private citizen during naval hostilities between that country and the U.S.

Magnitsky Act. noun. 1. Global Magnitsky Human Rights Accountability Act, also called Global Magnitsky Act (GMA), passed in 2016, which authorizes financial sanctions and visa restrictions against foreign individuals and entities who have violated human rights and acted corruptly. Pub. L. 114-328, Subtitle F. Named for Sergei Magnitsky, a Russian lawyer who died in a Moscow prison in 2009 after exposing a tax scam involving Russian officials. 2. Less frequently, a predecessor statute, Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, passed in 2012, which sought to punish Russian officials blamed for Magnitsky’s death, by barring them from the U.S. and its banking system. Pub. L. No. 112-208, 126 Stat. 1496.

major questions doctrine. noun. Doctrine that a federal administrative agency must rely on clear congressional authorization for the authority it claims, not modest, vague, or subtle words. West Virginia v. EPA, 142 S.Ct. 2587, 2609 (2022).

NDA. abbreviation. Nondisclosure agreement.

nationwide injunction. noun. Injunction by a U.S. District Court barring the federal government from acting against anyone in the U.S., not only the plaintiffs. See Trump v. Hawaii, 138 S.Ct. 2392, 2424 (2018) (Thomas, J., concurring). Also called “universal injunction.”

net neutrality. noun. Principle that broadband providers must treat all internet traffic the same regardless of the source of the traffic.

non-binary, nonbinary. adjective. Pertaining to a person who is neither male nor female.

no-nup. noun. Written agreement between cohabitators, who may contemplate future marriage or may have decided against it, detailing rights and obligations during and after cohabitation. [no-nup[tial], as opposed to prenuptial or postnuptial agreement]

nuclear verdict. noun. 1. Damages awarded by jury exceeding $10 million. 2. Damages awarded by jury seen as excessive and disproportionate.

parent coordinator, parental coordinator, parenting coordinator. noun. Neutral third parties who serve separated or divorced parents in resolving conflicts, such as implementing custody and visitation. Depending on circumstances and jurisdiction, a coordinator’s function may be to mediate, arbitrate, serve as a master, gather facts for or make recommendations to a court, or a combination of functions. See Bower v. Bournay-Bower, 469 Mass. 690, 691 n.1 (2014).

PC. verb. To place in protective custody.

pen-and-phone regulation. noun. Regulation or policy unauthorized by statute, or otherwise illegitimate. West Virginia v. EPA, 142 S.Ct. 2587, 2626 (2022) (Gorsuch, J., concurring).

Presidential Compensation Clause. noun. U.S. Const., art. II, § 1, cl. 7, sometimes called the Domestic Emolument(s) Clause, which, among other things, bars the president from receiving compensation other than salary from the federal or a state government.

public benefit corporation. See benefit corporation.

red flag law. noun. State statute allowing law enforcement officers to seize firearms from a person whom a judge has ruled is dangerous – a person whose behavior and statements constitute red flags of warning. See extreme risk protection order.

regulatory sandbox. Framework for a period, such as two years, when regulations that may not clearly govern an innovative industry, product, service, or delivery system are suspended or limited to allow it to grow and assess whether it is viable. (The term “sandbox” refers to a safe place to play and is used in software development.) Adopted by various countries and U.S. states.

right to try, right-to-try law, statute, bill. noun. Statute in several states, contravening federal law, allowing fatally ill people to try medications not approved by the Food and Drug Administration.

rubber stamp theory, rubber stamp liability, rubber-stamp liability. noun. Employer liability arising when a decisionmaker perfunctorily approves a biased subordinate’s explicit recommendation for an employment action. Employment Opportunity Commission v. BCI Coca-Cola Bottling Company of Los Angeles, 450 F.3d 476, 484 (10th Cir. 2006). Sometimes called, related to, and see also “cat’s paw theory,” “cat’s paw liability,” and “cat’s-paw liability.”

sanctuary city, sanctuary jurisdiction. noun. City or jurisdiction whose officials provide sanctuary to refugees, undocumented immigrants, and other non-citizens by hindering or not complying fully with federal immigration laws. Defined more narrowly by Executive Order 13768 (Jan. 25, 2017) § 9 as a “jurisdiction[] that willfully refuse[s] to comply with 8 U.S.C. 1373,” which governs communications between federal immigration officials and state and local officials.

Scaliaesque, Scalia-esque. adjective. Pertaining to Supreme Court Justice Antonin Scalia; his sharp and witty style of speaking, questioning, or writing; forceful and colorful legal writing; or originalist constitutional theory.

sexsomnia. noun. Sleep disorder in which a person can engage in sex while sleeping, sometimes offered as a defense to sex crimes. [sex + [in]somnia]

shadow docket. noun. U.S. Supreme Court’s list of orders and summary decisions that lack typical procedure and transparency. 9 N.Y.U. J.L. & Liberty 1 (2015).

slut shaming, slut-shaming. verb, noun.1. To gratuitously attack a party or witness for alleged sexual conduct or promiscuity, or publicize it during legal proceedings, to gain a strategic advantage, such as discouraging the party or witness from proceeding, or to punish him or her for proceeding. 2. noun. A form of defamation alleging sexual promiscuity.

SPAC. See special purpose acquisition company.

special purpose acquisition company (SPAC). noun. Blank check company created to finance, within a set time, a merger or acquisition, which usually has yet to be identified. See blank check company.

spoofing. verb, noun. Financial manipulation in which a participant places an offer, order, or bid in a financial market without intending its completion, induces the market to rise, cancels the offer, order, or bid, and profits from the rise, such as from an order on the opposite side of the market. Illegalized by the Dodd-Frank Wall Street Reform and Consumer Protection Act, specifically 7 U.S.C. §6c(a)(5)(A). (Not the same “spoofing” context as in Black’s Law Dictionary.)

stash-house sting. noun. Controversial sting involving a confidential informant who recruits confederates to raid a stash or shipment of illegal drugs, when no such stash or shipment exists, whereupon the confederates are arrested for drugs, weapons, and/or conspiracy.

super inversion, super-inversion, superinversion. See inversion.

tag jurisdiction. noun. A “court’s exercise of personal jurisdiction over an individual who is served, and thus ‘tagged,’ while physically present in the forum.” Sokolow v. Palestine Liberation Organization, 607 F. Supp. 3d 323, 327 n.6 (S.D. N.Y. 2022) (citation omitted). Also called “transitory juridiction” or “transient jurisdiction.”

tag rule. noun. See “tag jurisdiction.” Used first time in reported decision, Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct. 1017, 1038 (2021) (Gorsuch, J., concurring).

take down notice, takedown notice, take-down notice. noun. Notice by a copyright owner to an Internet Service Provider, demanding it remove (take down) Internet content allegedly infringing a copyright. See 17 U.S.C. § 512(c)(1)(C).

tall building lawyer, tall-building lawyer. noun. High-powered lawyer. See Obergefell v. Hodges, 135 S. Ct. 2584, 2629 n.18 (2015) (Scalia, dissenting) (first mention in a reported decision).

targeted regulation of abortion providers (TRAP). noun. State statutes designed to decrease the number of abortion clinics and doctors, such as requiring clinics to have comparable standards to ambulatory surgical centers and requiring doctors to have admitting privileges at local hospitals.

telephone justice. noun. Practice of power-holders, such as government or party officials, in countries with a weak rule of law to telephone judges to instruct them how to act and rule.

Texas two-step. noun. Procedure in which legal entity generally splits into two entities and assigns assets to one entity and liabilities to another, the latter of which then declares bankruptcy. Facilitated by Texas Business Organizations Code and named for dance step. Also called “divisive merger” or “divisional merger.”

three-quarters house or home, three-quarter-way house or home (with variations in hyphenation). noun. A living facility, often unregulated, for recovering alcoholics and addicts and/or people released from incarceration as they transition to more independent living. It has fewer restrictions, such as a shorter curfew, than a halfway house, although the distinction between the two types of facilities is imprecise.

totem pole hearsay, totem-pole hearsay, totempole hearsay. noun. Hearsay statement based on hearsay. Example: A police officer testified about information that he had received from a sergeant, who had received it from another police department. Ferry v. Indiana, 255 Ind. 27, 33-34 (1970). Also called “double hearsay,” “multiple hearsay,” or “hearsay within hearsay.”

transitory jurisdiction. noun. Also called “transient jurisdiction.” See tag jurisdiction.

TRAP laws. See targeted regulation of abortion providers.

trigger law. noun. Contingent state law generally banning abortions that will become effective – be triggered – if the Supreme Court overturns or curtails Roe v. Wade, which protects a woman’s constitutional right to decide whether to abort a pregnancy.

TTT. abbreviation.Third tier toilet, referring to a low-ranked law school.

twibel. noun. Libel by tweet. (A tweet is a message conveyed by Twitter, the social media service). [tw[eet] + [l]ibel)

universal injunction. See nationwide injunction.

unrecuse. noun. To rescind a recusal.

upskirt. verb. To voyeuristically look up a woman or girl’s skirt or dress, often using a still or video camera.

vaccine court. noun. The Office of Special Masters in the U.S. Court of Federal Claims that administers the National Vaccine Injury Compensation Program, a no-fault compensation process designed as an alternative to traditional civil litigation. See 42 U.S.C. § 300aa-12.

vehicle of interest. noun. Vehicle that law enforcement officials are interested in locating, usually because it may have been involved in a crime. Predicted future terms: “robot of interest,” “bot of interest,” and “drone of interest.”

verein, verein law firm. noun. Pronounced “fair-ine,” from the German for “association” or “network.” A centuries-old Swiss umbrella-like structure in which two or more law firms in different cities operate under one name without merging. For example, a law firm in one country could expand into a second country by having a law firm there use the first law firm’s name. The second law firm retains its structure, finances, and profits, and pays marketing and branding fees to the first law firm. Or two firms in the same country could form a verein and use an amalgamation of the two firms’ names without merging.