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apj abbr. See administrative patent judge under JUDGE.

apocha (ap-a-ka). Roman & civil law. A receipt acknowledging payment. An apocha discharges only the obligation represented by the payment, in contrast to an acceptilation, which discharges an entire debt. Also spelled apoca. Cf. ACCEPTILATION; ANTAPOCHA.

apocha trium annorum (ap-a-ka tri-am a-nor-am). [Latin "receipt for three years"]. Scots law. Hist. Receipts for three consecutive periodic payments, the production of which gave rise to a presumption that prior installments had been properly paid. "The production by the debtor of receipts for the last three consecutive installments of a termly payment, such as feu· duty, rent, wages or interest, raises a presumption, the apocha trium annorum, rebuttable by parol eVidence, that all prior instalments have been duly paid. The same infer· ence is not justified by one receipt, even for three or more instalments. Nor do receipts for three instalments justify an inference that a bill, granted for earlier arrears, has been paid." 2 David M. Walker, Principles ofScottish Private Law 143 (4th ed. 1988).

apochae oneratoriae (ap-a-kee oh-nar-ay-tor-ee-ee). [Law Latin "cargo receipt"]. Hist. Bills of lading.

apocrisarius (a-pok-ri-sair-ee-as), n. [Latin]. Hist. Eccles. law. 1. An ambassador; a messenger, such as a Pope's legate. 2. One who answers for another; esp., an officer who presented church matters to the emperor and conveyed the answers to the petitioners. 3. One who, upon consultation, gives advice in ecclesiastical matters. Also termed responsalis; a responsis; secretarius; consiliarius; referendarius; a consiliis.

apographa (a-pog-ra-fa), n. pl. [fr. Greek apographein "to copy"]. 1. Civil law. An examination and enumeration of things possessed; an inventory. 2. Copies; transcripts. apographal, adj.

apostasy (a-pos-ta-see). 1. Hist. A crime against religion consisting in the total renunciation of Christianity by one who had previously embraced it. 2. Eccles. law. Abandonment of religious vows without dispensation.

apostata capiendo See DE APOSTATA CAPIENDO.

apostate (a-pos-tayt). A person who has forsaken religion or a particular religion. Also termed (archaically) apostata (ap-a-stay-ta).

apostille (a-pos-til). [French "postscript, footnote"]. Int'l law. A marginal note or observation; esp., astandard certification provided under the Hague Convention for authenticating documents used in foreign countries. Also spelled apostil. See CERTIFICATE OF AUTHORITY (1).

apostle (a-pos-al), n. Civil & maritime law. L A letter sent from a trial court to an appellate court, stating the case on appeal. 2. The record or papers sent up on appeal. Also termed apostoli. 3. DIMISSORY LETTERS.

apostolus (a-pos-ta-las), n. [fr. Greek apostolos "one sent from another"]. Hist. A messenger, ambassador, legate, or nuncio. PI. apostoli (a-pos-ta-li).

apotheca (ap-a-thee-ka), n. [fro Greek apotheke "store") Civil law. A repository, as for wine or books. Pl. apothecae.

apparatus See MACHINE.

apparatus claim A patent claim on a mechanical device, explaining how the components are connected and function together. The preamble of an apparatus claim typically states the function of the machine; the body explains its elements and how they work together.

apparatus limitation Patents. The inclusion of a structure or physical apparatus in a method or process claim. An apparatus limitation, while not objectionable, carries little weight toward establishing the patentability of a method or process claim.

apparatusdaim See PATENT CLAIM.

apparent adj. 1. Visible; manifest; obvious. 2. Ostensible; seeming.

apparent agency See agency by estoppel.

apparent- agency See agency by estoppel under AGENCY (1).

apparent agent A person who reasonably appears to have authority to act for another, regardless of whether actual authority has been conferred. Also termed ostensible agent.

apparent agent- See AGENT (2).

apparent assent See ASSENT.

apparent assent- Assent given by language or conduct that, while not necessarily intended to express willingness, would be understood by a reasonable person to be so intended and is actually so understood.

apparent authority See AUTHORITY (1).

apparent authority- Authority that a third party reasonably believes an agent has, based on the third party's dealings with the principal, even though the principal did not confer or intend to confer the authority. o Apparent authority can be created by law even when no actual authority has been conferred. - Also termed ostensible authority; authority by estoppel. "The term 'apparent authority' means that a legal power is vested in the agent in the absence of any intention by the principal that it should exist, or even in spite of his intention that it should not exist. The operative facts causing this power to exist are acts of the principal which, considered along with surrounding facts, induce the third person with whom the agent deals to believe reasonably that the principal intended the power to exist. The power is real and not merely apparent. The agent is indeed a wrongdoer in exercising the power. He possesses the power but not the legal privilege of using it. Likewise, the authority (meaning the action of the principal creating the agent's power) is real. It is only the intention of the principal to create such a power that is merely apparent (i.e., non-existent)." William R. Anson, Principles of the Law of Contract 510 n.1 (Arthur-L Corbin ed., 3d Am. ed. 1919). '''Apparent authority' of an insurance agent means such authority as an insurer knowingly permits the agent to assume, or which it holds him out as possessing, that is, such authority as he appears to have by reason of actual authority or such authority as a reasonably prudent man would suppose the agent to possess." John Alan Appleman & Jean Appleman, Insurance Law and Practice § 8674 (1981).

apparent danger See DANGER.

apparent danger- 1. Obvious danger; real danger, Also termed patent danger. 2. Criminal law. The perceived danger in one person's actions toward another, as a result of which it seems necessary for the threatened person to use force in self-defense. See SELF-DEFENSE.

apparent defect See patent defect under DEFECT.

apparent defect- See patent defect.

apparent easement See EASEMENT.

apparent easement- A visually evident easement, such as a paved trail or a sidewalk.

apparent heir See heir apparent under HEIR.

apparent heir- See heir apparent.

apparent principal See PRINCIPAL (1).

apparent principal A person who, by outward manifestations, has made it reasonably appear to a third person that another is authorized to act as the person s agent.

apparent servitude A servitude appurtenant that is manifested by exterior signs or constructions, such as a roadway. Cf. nonapparent servitude.

apparent servitude See SERVITUDE (2).

apparent title See COLOR OF TITLE.

apparitor (a-par-a-tar or -tor). 1. Roman law. (ital.) An officer who served a court, esp. as secretary, messenger (viator), or herald. - Also termed viator. 2. Civil law. An officer who attends court to execute judicial orders. 3. Eccles. law. An officer who executes orders and decrees, esp. by serving summonses.

apparlement (a-pahrl-mant), n. [Law French). Hist. likelihood, as in the apparlement of war.

apparura (ap-a-ruur-a), n. [fr. Law Latin apparare "to furnish"]. Hist. Furniture, apparel, implements, or tackle.

appeal 1. A proceeding undertaken to have a decision reconsidered by a higher authority; esp., the submission of a lower court's or agency's decision to a higher court for review and possible reversal <the case is on appeal>. Also termed petition in error; (in Scots law) falsing ofdooms. See CERTIORARI.

appeal as of right See appeal by right.

appeal as- of right See appeal by right under APPEAL.

appeal bond See BOND (2).

appeal bond- A bond that an appellate court may require from an appellant in a civil case to ensure payment of the costs of appeal; a bond required as a condition to bringing an appeal or staying execution of the judgment appealed from. Fed. R. App. P. 7. Cf: supersedeas bond.

appeal brief See BRIEF.

appeal brief- 1.See appellate brief 2. Patents. A patent applicant's brief to the Board of Patent Appeals and Interferences, arguing that the patent examiner was incorrect in rejecting the application. Cf. EXAMINER'S ANSWER.

appeal by application An appeal for which permission must first be obtained from the reviewing court. Also termed appeal by leave.

appeal by leave See appeal by application under APPEAL.

appeal by right An appeal to a higher court from which permission need not be first obtained. -Also termed appeal as of right.

appeal- by right See APPEAL.

appeal court See appellate court under COURT.

appeal de novo An appeal in which the appellate court uses the trial court's record but reviews the evidence and law without deference to the trial court's rulings. - Also termed de novo review; de novo judicial review.

appeal -de novo See APPEAL.

appeal from the chair Parliamentary law. An assembly member's formal objection to a decision made by the chair. If the appeal is seconded, the chair must state what question was answered and explain the reasons for the chair's decision, then allow the members present to vote in support of or against that decision.

appeal from the decision of the chair Parliamentary law. A motion by which a member invokes the assembly's right of reviewing its chair's decision on a point of order. Also termed appeal from the ruling of the chair.

appeal from the ruling of the chair See appeal from the decision of the chair.

appeal in forma pauperis (in for-ma paw-par-is). An appeal by an indigent party, for whom court costs are waived. Fed. R. App. P. 24. See IN FORMA PAUPERIS.

appeal in forma pauperis- See APPEAL.

appeal of felony A procedure by which a person accused another of a crime, demanded proof of innocence by wager of battle, or informed against an accomplice. Also termed appellum de felonia.

appeal of right See appeal by right under APPEAL

appeal, 1. To seek review (from a lower court's decision) by a higher court <petitioner appeals the conviction>. 2. Hist. To charge with a crime; accuse. appealability, n.

appealable decision See DECISION.

appealable decision- A decree or order that is sufficiently final to receive appellate review (such as an order granting summary judgment), or an interlocutory decree or order that is immediately appealable, usu. by statute (such as an order denying immunity to a police officer in a civil-rights suit). Also termed reviewable issue. See COLLATERAL-ORDER DOCTRINE.

appealer Archaic. APPELLANT.

appeals council A commission that hears appeals of rulings by administrative-law judges in social-security matters.

appeals court See appellate court under COURT.

appeals court- See appellate court.

appearance Procedure. A coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person; esp., a defendant's act of taking part in a lawsuit, whether by formally participating in it or by an answer, demurrer, or motion, or by taking post judgment steps in the lawsuit in either the trial court or an appellate court. appear, vb. 'The English courts did not, until modern times, daimjuris· diction over the person of the defendant merely by service of summons upon him. It was deemed necessary to resort to further process by attachment of his property and arrest of his person to compel 'appearance,' which is not mere presence in court, but some act by which a person who is sued submits himself to the authority and jurisdiction of the court. Any steps in the action, such as giving bail upon arrest, operated as an appearance or submission." Benjamin j. Shipman, Handbook of Common-Law Pleading § 5, at 24 (Henry Winthrop Ballantine ed., 3d ed. 1923). 'The term 'appearance' is used particularly to signify or designate the overt act bywhich one against whom suit has been commenced submits himself to the court's jurisdiction, although in a broader sense it embraces the act of either plaintiff or defendant in coming into court .... An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction." 4 Am. Jur. 2d Appearance § 1, at 620 (1995).

appearance bond See bail bond under BOND (2).

appearance bond- See bail bond.

appearance date See answer day under DAY.

appearance date- See answer day under DAY.

appearance day See answer day under DAY.

appearance de bene esse See special appearance.

appearance de- bene esse See special appearance under APPEARANCE.

appearance docket See DOCKET (I).

appearance docket- A list of the parties and lawyers participating in an action, together with a brief abstract of the successive steps in the action.

appearance doctrine In the law of self-defense, the rule that a defendant's use of force is justified if the defendant reasonably believed it to be justified.

appearance pro hac vice (proh hak vi-see or proh hahk vee-chay). [Latin) An appearance made by an out-of state lawyer for one particular case, usu. by leave of court. For more on the pronunciation of this term, see PRO HAC VICE.

appearance pro- hac vice See APPEARANCE.

appearance term See TERM (5).

appearance ticket See CITATION (2).

appearance under protest English & Canadian law. See special appearance.

appearance- under protest English & Canadian law. See special appearance under APPEARANCE.

appellant (a-pal-ant). A party who appeals a lower court's decision, usu. seeking reversal of that decision. Also termed (archaically) plaintiffin error; (formerly) appealer. Cf. APPELLEE

appellate (a-pal-it), of or relating to an appeal or appeals generally.

appellate brief See BRIEF (1).

appellate brief- A brief submitted to an appeals court; specif., a brief filed by a party to an appeal pending in a court appellate jurisdiction . The brief may be filed for an individual party or on behalf of two or more parties. Also termed appeal brief "An appellate brief is a written argument in support of or in opposition to the order, decree, or judgment below." Frederick Wiener, Briefing and Arguing Federal Appeals 37 (rev. 1967).

appellate counsel See COUNSEL.

appellate counsel- A lawyer who represents a party on appeal. The term is often used in contrast with trial counsel.

appellate court See COURT.

appellate court- A court with jurisdiction to review decisions of lower courts or administrative agencies. Also termed appeals court; appeal court; court of appeals; court of appeal; court of review. "Appellate courts are among the most important institutions of governance in the United States. Through their review of trial court and administrative agency decisions they ensure that those bodies function lawfully and that litigants receive justice under law. Moreover, they provide authoritative interpretations of statutory and constitutional provisions and control the shaping of the common law in response to ever-changing circumstances; they are thus major sources of law." Daniel John Meador & Jordana Simone Bernstein, Appellate Courts in the United States v (1994).

appellate division A department of a superior court responsible for hearing appeals; an intermediate appellate court in some states, such as New York and New Jersey.

appellate jurisdiction See JURISDICTION.

appellate jurisdiction The power of a court to review and revise a lower courts decision. For example, U.S. Const. art. III, § 2 vests appellate jurisdiction in the Supreme Court, while 28 USCA §§ 1291-1295 grant appellate jurisdiction to lower federal courts of appeals. Cf. original jurisdiction.

appellate record See RECORD ON APPEAL.

appellate review See REVIEW.