Law Dictionary Definitions

  garde (gahrd). [French] Civil law. A relationship that gives rise to liability for a person when an injury is caused by a thing, whether animate or inanimate, that is considered by law to be that person’s responsibility or to be in that person’s custody. [Blacks Law 8th]

gard (gahrd). [Law French] Hist. 1.Wardship or custody (of a person).2. A precinct (or ward) of a city. — Also spelled garde; gardia. [Blacks Law 8th]

Garcia hearing (gahr-see-<<schwa>>).Criminal procedure. A hearing held to ensure that a defendant who is one of two or more defendants represented by the same attorney understands (1) the risk of a conflict of interest inherent in this type of representation, and (2) that he or she is entitled to the services of an attorney who…

  garauntor (gar-<<schwa>>n-t<<schwa>>r). [Law French] Hist. A warrantor of land. • A garauntor was obligated to defend the title and seisin of the alienee. If the alienee was evicted, the garauntor had to provide the alienee with other land of equal value. [Blacks Law 8th]  

garageman’s lien.See mechanic’s lien under LIEN. GARANDIA garandia (g<<schwa>>-ran-dee-<<schwa>>). [Law Latin] Hist. A warranty. — Also spelled garantia (g<<schwa>>-ran-shee-<<schwa>>).[Blacks Law 8th]

gap theory.Insurance. The principle that a tortfeasor will be considered underinsured if his or her liabili-ty-insurance coverage — although legally adequate — is less than the injured party’s underinsured-motorist coverage. • This principle allows an injured party to invoke underinsured-motorist coverage. Cf. EXCESS THEORY. [Cases: Insurance 2787.C.J.S. Insurance § 1657.] [Blacks Law 8th]

gap report.In the making of federal court rules, a report that explains any changes made by an advisory com-mittee in the language of a proposed amendment to a procedural rule after its publication for comment. • Before advisory committees began issuing gap reports in the early 1980s, there were complaints that the public record did…

gap period.Bankruptcy. The duration of time between the filing of an involuntary bankruptcy petition and the entry of the order for relief. — Often shortened to gap. [Cases: Bankruptcy 2281. C.J.S. Bankruptcy § 56.][Blacks Law 8th]

gap financing.See FINANCING.[Blacks Law 8th]

gap-filler. A rule that supplies a contractual term that the parties failed to include in the contract. • For example, if the contract does not contain a sales price, UCC § 2-305(1) establishes the price as being a reasonable one at the time of delivery. Cf. default rule under RULE(1). [Cases: Sales 22(4), 23(4). C.J.S.…