Dictionary of Terms and Phrases Used in American or English Jurisprudence

See Nude.

For. The frequent use of this word to introduce a Latin maxim has sometimes caused such maxims to be quoted as if commencing with " nam." As it is not strictly the initial word of

The designation by which a person or corporation is usually known. Many decisions have said that the law recognizes only one Christian name; and the insertion or omission of a midd

In French law, is the contract of pledge: if of a movable, it is called gam; and if of an immovable, it is called antichrese. Brown.

A narrative. In common-law practice, the term is applied to the plaintiff's count or declaration, as being a narrative of the facts of the case constituting his ground of action. T

A community or people permanently occupying a distinct territory, maintaining a government of their own, and recognized as independent of, and capable of dealing with, other sovere

A writ which lay for a lord when his villein had run away from him. It was directed to the sherilf, and commanded him to apprehend the villein, and to restore him, togetlier with h

Nature. Occurs in some maxims. fect; and so does the law. The law seeks perfection. Natura non facit saltum; ita neo lex. Nature makes no leap; neither does the law. Proceedings at

This adjective occurs, without much deviation from its vernacular meaning, in several somewhat technical phrases. Natural affection, or love. That love or sentiment of regard which

Natural. Many Latin maxims which are based upon common reason are sometimes quoted with the phrase naturale est — it is natural — prefixed; which may be, however, considered as not

To impart, by a proceeding, the privileges and rights in the nation usually founded on nativity; to make one a citizen. Naturalization: a proceeding by which an alien may be consti

Born. Used in connection ■with, or by way of distinction from, nasciturus (q. v.), to designate a child or childien of a particular marriage already born, as distinguished from tho

See Navy.

Adapted to bear vessels in use; capable of being navigated; useful for commercial communication by water. The terra navigable waters, in the act of Peb. 26, 1845, is not to be unde

To conduct vessels through public waters; to use the vfatera as a means of communication; also, spoken of a vessel, to conduct or employ it actively.

The art, or business, or science of conducting vessels through waters, in the usual employment of them. Navigation laws. Acts of parliament regulating the trading intercourse of fo

The organized public vessels of a country; the system for the defence of the nation by sea. Naval: pertaining to the navy; connected with the maritime protection of a people. Navy,

As applied to space, can have no positive or precise meaning. It is a relative term, depending for its signification on the subject-matter in relation to which it is used and the c

See Net. The phrase neat cattle, in its popular meaning, as well as in the sense in which it is used in the Texas criminal code, means a species of animals having an essential iden

Wrong; that which is contrary to divine law. The opposite of fas.

Inauspicious. Applied, in the Roman law, to a day on which it was unlawful to administer Negatio conclusiouis est error in lege. Denial of a conclusion is error in law. To deny a c

In pleading, signifies the statement of a negative proposition in such a form as may imply or carry with it the admission of an ai Brmative. Thus, in an action of trespass for ente

Means to omit, as to neglect business or payment or duty or work, and is generally used in this sense. It does not generally imply carelessness or imprudence, but simply an omissio

Lack of diligence; omission of due care; failure to use the efforts or take the precautions which an ordinarily prudent person would employ in like circumstances. Upon the distinct

1. To conduct business; and particularly to discuss terms of a bargain; to endeavor to effect a contract. 2. To transfer, under rules of the commercial law, an evidence of debt or

A transacting of business. Used in the civil law to denote an intervention in the affairs of another, during his absence, and without authority from him. The pei'son so interfering

A negro is a person having in his veins one-sixteenth or more of African blood. State v. Chavers, 5 Jones, 11. The word negro means a black man, one descended from the African race

Under Iowa Eev., § 3362, requiring for an appraisement of laud at judicial sale two householders " of the neighborhood," one residing thirty-five miles from the land is not prima f

Nephew and niece. These words mean the immediate descendants, H male and female, of the brothers and sisters „ of the person named; and will ordinarily vl include grand-nephews and

NEAT, or NETT. After deductions made; clear of charges; free from expenses. Net balance. The proceeds of sale, after deducting expenses. Evans v. Wain, 71 Pa. St. 69. Net earnings,

adj. Taking no part in a war; on neither side; impartial or indiiferent in a contest. Neutral, n.: a third nation, which has no concern with, and should take no part in, a war. Neu

Occurs in some technical phrases. New assets, in the Mass. administration laws, does not include proceeds of sales of a patent right which was an item New assignment. In many actio

When a day or month is mentioned as antecedent or subsequent to a contract, and the precise day or month is not specified, it means the time nearest to the date of the contract. Wh

A short name; one nicked or cut off for the sake of brevity, without conveying any idea of opprobrium, and frequently evincing the strongest affection or the most perfect familiari

See NEPHEVt^.

A law-French negative. Nieut culpable. Not guilty. The name in law French of the plea of not guilty, either in a criminal prosecution or an action for tort. Nieut dedire. To say no

Nothing. This word is often contracted to nil, particularly in some of the phrases and maxims given below, such as nil debet, nil dicit. Various returns made by a sheriff are terme

Nothing. A contracted form of the word nihil (q. v.), for phrases and maxims of which nil is the initial word. Nil ligatum. Nothing bound; that is, no obligation has been incurred.

Unless. A rule or order of court, which is to become absolute after service, "unless" good cause to the contrary is shown, is termed in common-law practice a rule nisi. Such rules

Noble privilege; noble duty. In Scotch law, a peculiar jurisdiction of privilege of the court of session, equitable in its nature. The nobile officium of the court of session does

WiU not prosecute. The name of an entry on the record, by which the plaintiff or prosecutor declares he will proceed no further in the action or prosecution. In civil cases, a noll

A name. In general, the name of a person or thing. In a more limited sense, used in Roman law, the name which. declared the gens to which the person belonged; usually preceded by t

Apparent; formal; verbal; the antithesis of real or substantial. Nominal damages. When plaintiff in an action of tort proves the technical commission of the wrong alleged, but does

To propose for an appointment; to designate for an office, a privilege, a living, &c. Nomination: the act of designating or proposing persons for appointment to offices, livings in

A renunciation or givmg up the suit by the plaintiff. This is usually done on his discovering some error or defect, or when he finds tliat his evidence is not sufiicient to maintai

Is not synonymous with " north." Garvin v. Dean, 115 Mass. 577; Howard v. College of the Holy Cross, 116 Mass. 117. Northly. In a deed of land, where there is no object mentioned t

A valuation of ecclesiastical benefices, made through every diocese in England, on occasion of Pope Innocent IV. granting to King Henry III. the tenth of all spirituals for three y

or NOTARY PUBLIC. The title of an officer known in the laws of most of the civilized countries. Anciently, a notary was a scribe or scrivener, who took minutes and made short draft

n. 1. A brief, informal statement in writing; a memorandum. 2. A negotiable promise for payment of monev; a promissory rote, or rote of hand. A bequest by a testator of " all his n

V. To make a brief written statement; to enter a memorandum, a3 to note an exception.

1. Information; means of knowledge.. A person is said to be chargeable with notice when information of the fact is communicated to him, or when knowledge of sufficient facts is bro

In legal proceedings, and in respect to public matters, the word notified is generally, if not universally, used as importing a notice given by some person whose duty it was to giv

New. Nova constitutio futuris formam imponere debet, non preeteritis. A new enactment should lay down a rule for the future, not the past. Enactments should be prospective in their

New. Novel assignment. See New Assignment. Novel disseisin. Originally signified a disseisin committed since the last eyre or circuit of justices. It also signifies a remedy, now o

Certain books of the Roman law in the nature of supplementary codifications or revisions. Novellae constitutiones. An official compilation of various constitutions or laws promulga

The patent laws of the United States restrict the privilege to inventions which are " new and useful." Considerable discussion has arisen in the cases as to what constitutes novelt

No; none. A law-French particle of negation, forming a portion of many phrases, among which are the following: Nul agard. No award. The name of a plea in an action on an arbitratio

Destitute of force; inefficacious; inoperative; invalid; void of effect. Nullity: lack of force or efficacy; entire lack of operative qualities; also, particularly in the plural, a

The-son of nobody; a bastard.

No; no person. The initial word of several Latin maxims and phrases, among which are the following: Nu Uus commodnm capere potest de injuria sua propria. No one shall take advantag

Money counted; money paid by count.

Now for then. A phrase applied to acts allowed to be done after the time when they should be done, with the same effect as if done at the proper time. Leave of coui't must be obtai

A disposition of property to take effect at death, made by declaration; an oral testament. In many jurisdictions, soldiers and sailors in actual service are allowed, in view of the

Never. The initial word of several Latin phrases and maxims; among them, the following: Nunquam crescit ez post facto praeteriti delicti aestimatio. The quality of a past offence i

Lately deceased. The name of a writ, in old English practice, issued on behalf of a coheiress, dispossessed by her coparcener of lands of which their common ancestor died seised in