Latin for Lawyers

L ATIN FOR L AWYERS

VARIABLE [L. vario , variare / to vary, change, alter] Subject to change or modification. Unstable. Not fixed. A variable annuity is an annuity policy under which the funds are invested in stocks or other assets of indeterminate income; the beneficiary will receive payments which are not constant or fixed and the exact amount of which cannot be anticipated. A variable interest rate is an interest rate which is geared or adjusted at regular intervals to a measure which changes over time, such as the prime bank rate. A variable rate mortgage is a mortgage which provides for variable interest adjusted at stated intervals to the market value of money. VARIANCE [L. variare / to vary or change] An inconsistency or incompatibility between two parts of the same thing or between two unrelated objects. The state of being different from. A discrep ancy or disagreement between two documents, between two allegations or pleadings, between a pleading and the proof, between the proof and the ver dict, i.e, an incompatibility between two things which should agree with each other. If the discrepancy is substantial and material, it may be fatal. Under the Federal Rules of Civil Procedure and the rules of most states, variances between a pleading and the proof are almost never fatal; they may be cor rected by liberal amendment to conform the pleadings to the evidence. In another sense, a variance in zoning law is a waiver of existing zoning regula tions by a zoning board to permit a use or construction upon real property which violates the letter of the zoning law. The variance is given in recogni tion of hardship or special circumstances. VEHICULAR [L. vehiculum / a conveyance or carriage (from veho , vehere / to carry, convey] Relating to a vehicle, especially a motor vehicle or automobile. Any act or condition resulting from the operation of a motor vehicle. A vehicular crime is any crime committed in the operation of a motor vehicle. The statutes of most states provide for crimes such as vehicular manslaughter and vehicular assault . Vehicular homicide is the overarching name for any death caused by the operation of a motor vehicle. Depending upon the state involved, a charge of vehicular homicide may require proof either of intentional conduct or of negligence. VEL NON [L. vel / whether, or + non / not] Whether or not. An inquiry into the existence or lack of existence of a issue or fact.

437