Latin for Lawyers

nals, not forgeries or counterfeits. A genuine issue of fact — one which raises doubt — precludes summary judgment in an action. GESTATION [L. gestare / to carry or bear] To carry in the uterus during pregnacy; the period from conception to birth. The creation or birth of ideas and thoughts. GESTIO (GESTUM) [L. gestire / to exult, celebrate] An act, transaction or performance. GIFT CAUSA MORTIS A gift of personal property in anticipation of death. An inter vivos gift by a donor in expectation of death. An effective gift causa mortis must satisfy the following conditions: a gift to take effect on the death of the donor; the immi nent death of the donor; death in fact from the anticipated cause of death without intervening recovery; delivery of the gift itself to the donee. See CAUSA MORTIS; DONATIO CAUSA MORTIS GIFT INTER VIVOS An absolute and unconditional gift of personal property between donor and donee during the life of both. A voluntary transfer of personal property with out consideration during life. In the case of assets capable of delivery, deliv ery must be completed. In the case of assets not capable of delivery, the donor must surrender all control of the asset to the donee. See INTER VIVOS GOOD SAMARITAN [L. samaritanus (from the Greek) / a resident of Samaria] A person who helps others in distress. In law, the Good Samaritan Doctrine provides a degree of protection for those who go voluntarily to the help of others who are hurt or in danger. The good samaritan is not liable for his actions unless he has proceeded recklessly or unless his actions have aggra vated the risk or injury. The doctrine is codified to some extent in the laws of most states. Note, however, that there is no recognized duty or responsibility to go to the aid of others. GOVERN [L. gubernare / to steer (a ship), direct, govern] To control or direct. To exercise sovereignty over. To possess and utilize the power to control the affairs and activities of constituent members. To deter mine policy for and regulate the functions of the body politic. GOVERNMENT [L. guberno, gubernare / to steer; to lead to safety; to govern] The organization of society into a central authority to manage and control common affairs and activities. The process of controlling society. The con-

148