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abuse

Defined in 7 dictionaries — U.S. Code, Cyclopedic (1922), Bouvier (1914), Black's (1910), Black's (1891), Anderson (1889), Bouvier (1839)

United States Code

18 U.S.C. § 1169 — for purposes of this section

“abuse” includes—

(A) any case in which—

(i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, and

(ii) such condition is not justifiably explained or may not be the product of an accidental occurrence; and

(B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;

42 U.S.C. § 10802 — for purposes of this subchapter

The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a 1 individual with mental illness, and includes acts such as—

(A) the rape or sexual assault of a 1 individual with mental illness;

(B) the striking of a 1 individual with mental illness;

(C) the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and

(D) the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and regulations.

42 U.S.C. § 3002 — for the purposes of this chapter (2 versions over time)

The term “abuse” means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.

42 U.S.C. § 3796AA — for purposes of this subchapter

the term “abuse” means physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

Show all 4 definitions and how they changed over time

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

Everything which is contrary to good order established by usage. Merlin, Eepert. Among the civilians, abuse has another signification, which is the destruction of the substance of a thing in using it. For example, the borrower of wine or grain abuses the article lent by using it, because he cannot enjoy it without consuming it. Of Distress. The using an animal or chattel distrained, which makes the distrainer liable as for a conversion. Of Female Child. Carnal knowledge. See "Rape." Of Process. There is an abuse of process when an adversary, through the malicious and unfounded use of some regular legal proceeding, obtains some advantage over his opponent. Wharton. See 63 How. Pr. (N. Y.) 326; 15 App. Div. (N. Y.) 205. Process is abused when employed to accomplish some purpose which the process was not intended by law to eilect, or where used in the mode and manner designed by law, but with an ulterior purpose to effect some unlawful collateral end, the legal use of it being but ostensible, while the real design was to pervert its force and efficiency to the success of the unlawful collateral design. 52 111. App. 38.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Everything which is contrary to good order established by usage. Merlin, Repert Among the civilians, abuse has another signification, which is the destruction of the substance of a thing in using it. For example, the borrower of wine or grain abuses the article borrowed by using it, because he cannot enjoy it without consuming it. The word is used in statutes as applied to women with reference only to sexual intercourse, and imports an offence of that nature; 6 H. & N. 193; and is held synonymous with ravish; Palin v. State, 38 Neb. 862, 57 N. W. 743. It has been held to include misuse; Erie & North-East R Co. v. Casey, 26 Pa. 287; to signify to injure, diminish in value, or wear away by improper use; id.; to be synonymous with injure; Dawkins v. State, 58 Ala. 376, 29 Am. Rep. 754. Abuse of a female child is an injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration; Dawkins v. State, 58 Ala. 376, 29 Am. Rep. 754. See Rape. Abuse of distress is such use of an animal or chattel distrained as makes the distrainer liable to prosecution as for wrongful appropriation. Abuse of discretion. A discretion exercised to an end or purpose not justified by and clearly against reason and evidence. Sharon v. Sharon, 75 Cal. 1, 16 Pac. 345; Murray v. Buell, 74 Wis. 14, 43 N. W. 549; and see People v. R. Co., 29 N. Y. 418. Abuse of process. Intentional irregularity for the purpose of gaining an advantage over one's opponent.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

n. Everything which is contrary to good order established by usage. Merl. Repert. Departure from use; immoderate or improper use. Of corporate franchises. The abuse or misuse of its franchises by a corporation signifies any positive act in violation of the charter and in derogation of public right, willfully done or caused to be done; the use of rights or franchises as a pretext for wrongs and injuries to the public. Baltimore v. Pittsburgh, etc., RCo., 3 Pittsb. R. (Pa.) 20, Fed. Cas No. 827; Erie & N. E. R. Co. v. Casey, 26 Pa. 287, 318 ; Railroad Commission v. Houston, etc., R. Co., 90 Tex. 340, 38 S. W. 750; People v. Atlantic Ave. R. Co., 125 N. Y. 513, 26 N. El 622. Of judicial discretion. This term, commonly employed to justify an interference by a higher court with the exercise of discretionary power by a lower court, implies not merely error of judgment, but perversity of will, passion, prejudice, partiality or moral delinquency. The exercise of an honest judgment, however erroneous it may appear to be, is not an abuse of discretion. People v. New York Cent. It. Co., 29 N. Y. 418, 431; Stroup v. Raymond, 183 Pa. 279, 38 Atl. 626, 63 Am. St. Rep. 758; Day v. Donohue, 62 N. J. Law, 380, 41 Atl. 934; Citizens' St R. Co. v. Heath, 29 Ind. App. 395, 62 N. E. 107. Where a court does not exercise a discretion in the sense of being discreet, circumspect, prudent, and exercising cautious judgment, it is an abuse of discretion. Murray v. Buell, 74 Wis. 14, 41 N. W. 1010; Sharon v. Sharon, 75 Cal. 1, 16 Pac. 345. Of a female child. An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration. Dawkins v. State, 58 Ala. 376, 29 Am. Rep. 754. But, according to other authorities, "abuse" is here equivalent to ravishment or rape. Palin v. State, 38 Neb. 862, 57 N. W. 743; Commonwealth v. Roosnell, 148 Mass. 32, 8 N. E. 747; Chambers v. State, 46 Neb. 447, 64 N. W. 1078. Of distress. The using an animal or chattel distrained, which makes the distrainer liable as for a conversion. Of process. There is said to be an abuse of process when an adversary, through the malicious and unfounded use of some regular legal proceeding, obtains some advantage over his opponent. Wharton. A malicious abuse of legal process is where the party employs it for some uniawful object, not the purpose which it is intended by the law to effect; in other words, a perversion of it. Lauzon v. Charroux, 18 R. I. 407, '28 Atl. 975; Mayer v. Walter, 64 Pa. 283; Bartlett v. Christhilf, 69 Md. 219, 14 Atl. 518; King v. Johnston, 81 Wis. 578, 51 N. W. 1011; Kline v. Hibbard, 80 Hun, 50, 29 N. Y. Supp. 807.

A Dictionary of Law

Henry Campbell Black · 1891

v. To make exeessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use; to make an extravagant or excessive use, as to abuse one’s authority. In the civil law, the borrower of a chattel which, in ita nature, cannot be used without consuming it, such a8 Wine or grain, is said to abuse the thing borrowed if he uses it.

A Dictionary of Law

William C. Anderson · 1889

3 1. An improper use; a custom or practice contrary to the intendment of law or to good morals. Common expressions are: the abuse of authority, of discretion, of a thing bailed, of process, of a distress, of a prisoner; of the hberty of free speech; of a, witness, qq. u. 2. The synonym of injure; in its largest sense, ill-use or improper treatment of another person or of a dumb animal. Compare Cruelty. In a statute punishing the deflowering of a female child, is limited by the words with which it is connected referring to the same subject-matter. The term itself includes physical injury, which is alsoincluded in the words " carnally knew." Our statutes, following the English, describe the offense by the words " unlawfully and carnally know and abuse any woman child under the age of ten years." * See Sesjuo-

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

every thing which is contrary to good order established by usage. Merl. Rép. h. t.