driver. 1. A person who steers and propels a vehicle. 2. A person who herds animals; a drover. DRIVER’S LICENSE driver’s license. The state-issued certificate authorizing a person to operate a motor vehicle. [Cases: Automobiles 136. C.J.S. Motor Vehicles §§ 22, 257, 259–261, 277–279.]
rule of capture. 1. The doctrine that if the donee of a general power of appointment manifests an intent to assume control of the property for all purposes and not just for the purpose of appointing it to someone, the donee captures the property and the property goes to the donee’s estate. • One common
districtio (di-strik-shee-oh), n. [Law Latin “distraint”] Hist. 1. A distress; a distraint. 2. The right of distress. 3. Something (such as a good or animal) that can be distrained. 4. A territory within which distraint can be exercised. 5. Any compulsory proceeding.
ceapgild (cheep-gild). Hist. A tax or fine paid with an animal rather than with money. — Also spelled ceapgilde.
dangerous-tendency test. A propensity of a person or animal to inflict injury. • The test is used, esp. in dog-bite cases, to determine whether an owner will be held liable for injuries caused by the owner’s animal. — Also termed dangerous-propensity test. [Cases: Animals 70. C.J.S. Animals §§ 172, 176–183, 186, 188–189, 198, 200.]
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estray (e-stray), n. 1. A valuable tame animal found wandering and ownerless; an animal that has escaped from its owner and wanders about. • At common law, an estray belonged to the Crown or to the lord of the manor, but today the general rule is that it passes to the state in trust for
surcharge, n. 1. An additional tax, charge, or cost, usu. one that is excessive. 2. An additional load or burden. 3. A second or further mortgage. 4. The omission of a proper credit on an account. 5. The amount that a court may charge a fiduciary that has breached its duty. 6. An overprint on
scienter action. A lawsuit in which the plaintiff must prove that the defendant acted knowingly or knew of the danger — e.g., at common law an action for damage caused by a domestic animal. See SCIENTER.
A trust, usu. honorary, that is established for the care and maintenance of a particular animal or group of animals. • Pet trusts are generally invalid because animals are incapable of compelling a trustee to act, and animals have no standing in law. Effectively, the trust has no beneficiary. But some states (e.g., Colorado) statutorily
pauperies (paw-p[schwa]r-eez), n. [Latin “impoverishment”] Roman law. Damage done by a domesticated four-footed animal. • The animal’s owner was liable for the damage. See actio de pauperie under ACTIO.