Dictionary of Terms and Phrases Used in American or English Jurisprudence

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

A reverent appeal to God, in corroboration of what one says, invoking, according as his declaration is sincere or deceptive, the divine blessing or punishment in another life. In t

A corruption of the Latin o Mit, or obivit, he died. Signifies a funeral solemnity or office anciently performed for the dead, most commonly when the corpse lay in the church, unin

By the way; in passing. An opinion of - a judge, expressed merely by the way, in course of argument or as illustration, not a decision upon a question arising in the case besimply

In the phrase " articles or objects charged with an internal tax," used in the act of July 13, 1866, § 9, the word objects is not limited in meaning to objects which are tangible a

Offering; tender. In the civil law, this term denotes a tender by a debtor to his creditor of a sum of money in payment of the debt.

The person to whom a bond or written obligation is made; the one entitled (primarily) to enforce it.

The person by whom a bond or written obligation is made; the one bormd by it.

Offensive to the general moral sense of the community, by reason of tendency to excite the lustful passions of the sensual; indecent; lewd; prurient. Obscenity: the character or qu

Is sometimes applied to laws, to signify that, although never formally repealed, they have become inoperative. The general impression conveyed by it probably is, that great lapse o

The offence of obstructing an officer, or obstructing process, is committed when the officer Is prevented by actual violence, or by threatened violence accompanied with the exercis

Occupant. See Occupy. Occupantis fiunt dereliota. Things abandoned become the property of the first taker. This is the rule of the regard to vessels and cargoes abandoned at sea, s

To possess, applied to tangible property; to control, actually, for purposes of enjoyment. Occupancy: possession, actual control, of corporeal property. Occupant; occupier: one who

Eight such. The name of a writ, in old English practice, issued to the sheriff, where there is a deficiency of jurors, to summon eight more such men as were summoned upon the first

Complete property as opposed to feudal tenure. The transposition word allod or allodial. All-odh is thus put in contradistinction to fee-odh. 2 Bl. Com. 45, note; Mozky Sf W. OF. A

An old writ which was directed to the sheriff to inquire whether a man committed to prison on suspicion of murder was committed on just cause of suspicion, or only out of malice. A

A breach of the laws established for the protection of the public, as distinguished from an infringement of mere private rights; a punishable violation of law; a crime; also, somet

Imports a voluntary proposal. Biggs u. Denniston, 3 Johns. Cos. 198. There is a distinction between " offering " and " promising " a reward to a voter. State V. Harker, 4 Harr. 559

1. The elementary idea of the word, when used in it's abstract sense, seems to be, a duty of transacting affairs of a certain class, imposed by appointment from a superior authorit

One invested by a superior authority, and particularly by government, with the duty and power of transacting affairs of a certain class; an incumbent of an office; a person designa

adj. Connected with a public appointment; pertaining to the functions of an office. Official, n.: an officer; a person holding some appointment, or clothed with some authority or s

A law tract, published in the reign of Edward III., containing those writs which were then most in use, and annexing to each a short comment concerning their nature and the applica

A small island off the coast of France; anciently of commercial importance. Laws of Oleron. The title of a highly valued compilation of maritime laws, promulgated some time during

An instrument wholly written by the person from whom it emanates. Olographic: written by the hand of the signer; autographic.

To charge or burden. Onerari non. Not to be charged. The name of a plea in an action of debt, by which the defendant alleges that he ought not to be charged with the indebtedness.

Interpreted to mean one hundred dozen, or twelve hundred.

A burden, charge, or duty. Onus probandi. Burden of pro ving; the burden of proof, q. v. The strict meaning of the term onus probandi is, that if no evidence is adduced by the part

V. 1. Spoken of a trial or hearing, to open is to make oral explanation, at the commencement, of the questions involved, and general nature and course of the evidence to be offered

adj. Subject to alteration and correction, unliquidated, unsettled, as an open account; accessible to all, free to the public, as an open court; apparent, known, made public, uncon

The phrase " to operate on the lands," in a contract regulating the rights of associates in an adventure for purchasing and dealing with a tratt of land, was held to include not on

See Uniform in Operation.

The provision of the bankrupt act of 1841, giving a priority in payment to debts due to operatives, included apprentices. Exp. Steiner, 1 "«•

By "opchoose an assignee in bankruptcy, ''the judge, or, if there be no opposing interest, the register, sliall appoint," — is meant not merely an interest contending, by vote, for

Best. The initial word of several Latin maxims. Optimus interpres rerum usus. The best interpreter of things is usage. The principle that custom or usage is an important guide to c

1. In reference to contracts, a choice between alternatives; a right of election. 2. In ecclesiastical law, the archbishop has a customary prerogative, when a bishop is consecrated

See Obtulit. OB. This disjunctive particle, and the conjunction "and," are frequently read interchangeably in the construction of instruments: this is done, however, as a matter of

The plaintiff in a cause or matter in chancery, when addressing or petitioning the court, used to style himself " orator," and when a woman, " oratrix." But the phrase has long gon

To ordain, according to the etymology and general use of the term, signifies to appoint, to institute, to clothe with authority. When the word is applied to a clergyman, it means t

or ORDEL. The most ancient species of trial, called also judicium Dei (the judgment of God), and based generally on the notion that God would interpose miraculously to vindicate th

In ageneral sense, includes almost any command, direction, or mandate, emanating from authority. The kinds of orders most frequently drawn in question in jurisprudence are two: 1.

n. The title of a juthe United States, vested with powers in regard to wills, probate, administration, guardianship, according to the statute in force. An ordinary, in the civil la

adj. Common; reasonable to be expected; usual. Ordinary business. An assignment of securities belonguig to a corporation, made under the corporate seal, to secure to the assignee a

In ecclesiastical law, is the conferring holy orders, or initiating a person into the priesthood. In England, the first thing necessary, on application for holy orders, is the poss

A public department of the English government, consisting of six officers, called respectively the master-general, the surveyor-general, the clerk of the ordnance, the principal st

Byword of mouth; orally; verbally. Pleadings and many other proceedings were anciently carried on ore tenus, at the bar of the court, in the common-law practice. Oral proceedings a

Occurs, without much deviation from the vernacular meaning, in several technical terms and phrases. Original bill. 1. This was the name 2. In equity pleading, a bill which relates

A fatherless child. Jacob. A fa.therless child, or minor, or one deprived of both father and mother. Wharton. A minor, or infant, who has lost both of his or her parents. Sometimes

One who lets his credit be pledged as a partner, — as in the case where a man's name appears in a firm, or where he interferes in the management of the business, so as to produce i

Authority to a corporation to take, " by direct purchase or otherwise," is an " express authority'to take by devise." Downing v. Marshall, 23 N. Y. 366.

means to be removed or put out; thus, ouster of the freehold signifies being put out of possession of the freehold j ousted of an estate for years, signifies being turned out from

Dispossessioli; eviction; exclusion from lands, office, &c. It is often spoken of as a species of tort; but it has not necessarily this public o£Gice, is called judgment of ouster.

In the English courts, barristers-at-law have been divided into two classes, — viz., queen's counsel, who are admitted within the bar of the courts, in seats specially reserved for

A word of originally limited meaning, as applied to different trades and in its application to vessels; but it has acquired an enlarged meaning in the hands of merchants engaged in