A Dictionary of Law
1889 — browse every term in this dictionary, A–Z.
Showing the 2,866 terms defined in A Dictionary of Law. Browse all dictionaries
- Impounddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
See Pound, 2.
1. A cause in which a question arises for the first time is termed a "case of the first impression." ' 2. Effect produced upon the mind of a juror.^ See Opinion, 2.
- Imprisonmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
Detention of another against his will, depriving him of the power of locomotion.5 Compare PRISON. Confinement of the person in anywise; as, keeping a man against his will in a priv
- Improvedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
To cultivate, as, land. "Improved land " is such as has been reclaimed, is used for purposes of husbandry, and is cultivated as such, — whether the appropriation is for tillage, me
A sudden impelling. An irresistible impulse to commit an act known to be wrong does not constitute the insanity which is a legal defense. The law does not recognize an impulse as a
Applies to something which may be done witliout penalty or punishment.*
See Knowledge, 1; Implication. IN. Introduces English, French, and Latin phrases: 1. English, (i) The preposition: within, inside of, surrounded by.'? Under a statute requiring not
See Adequate.
- Inadmissibledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
See Admission, 1.
- Inalienabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
See Alien, 3.
- Inaugurationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
See Oath, Of office. In order to vest official authority In a President or governor elect, it is o Uly necessary that he take the oath of office.
Referring to a person disqualified from administering upon an estate, is not limited to mere mental or physical incapacity; includes the idea of unfitness, BBBuitableness.i Compare
See Arson. rNCERTA. See Cebtum. HfCEST.s Illicit intercourse between persons within those degrees of consanguinity as to which marriage is forbidden by law.' There may be a certain
- Inchoatedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
'' Commenced, but not completed; not fully in existence or operation; inceptive; incomplete; imperfect. Opposed, conxummate, q. v. Designates a right, title, or claim, not yet comp
s To confine within; to comprise, embrace, comprehend. See Inclose. Including. A legacy of "one hundred dollars, including money trusteed " at a bank, was held to intend a gift of
- Incomedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
That which comes in, or is received from any businiess or investment of capital, without reference to the outgoing expenditures. Applied to the affairs of an individual, conveys th
See Commutation.
Offices are said to be "incompatible and inconsistent " when, 1 [People V. Supervisors of Niagara, 4 Hill, 23 (1842), Bronson, J. 2 Andrews v. Boyd. 5 Me. *203 (1828), Weston, J. C
See Competent. INCOMPIiETE. See Inchoate; Perfect. INCONCLTJSrVE. See Conclude, 2.
See Condition; Incompatible; Repugnant.
See Hardship.
- Incorporatedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)
See Corporate.
- Incorporealdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
See Corporeal.
- Increasedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
That which grows out of land or is produced by the cultivation of it.^ Compare Accretion; Earnings; Income; Profit. Increased costs. See Costs. INCREDIBIiE. See Credit.
See Accessory; Incident; Ice.
See Criminate.
- Inculpatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Culpa.
- Incumbentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
1. Resting as a duty or obligation. 2. One who is legally authorized to discharge the duties of an office.3 See Vacancy.
- Incumbrancedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
'' A burden, an obstruction, impediment. Whatever charges, burdens, obstructs, or impairs the use of an estate in land, or prevents or impairs its transfer.* An estate or interest
- Incurdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
See Expenditure. Men contract debts af Srmatively; they incur liabilities—the liability is cast upon them by act or operation of law. "Incur" implies, then, something not embraced
See Assumpsit.
- Indemnitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)
^ 1. Compensation for a loss sustained. S. An engagement to make good loss that may be sustained: a bond of indemnity.' > See Cooley, Const. Lim, 748; 2 Whart. Cr. L. §§ 2386, 2.54
- Indenturedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
! a deed: a writing sealed and delivered.* A deed inter partes, or a mutual deed.6 Named from being indented or cut on the toj) or the side by a waving line or a line of.indenture
See Dependent; Covenant.
A portion of a book exhibiting, in alphabetical order, and in more or less detail, the contents of the whole volume; or, a book in itself containing, in like order, references to t
Includes descendants of Indians who have an admixture of white or negro blood, provided they retain their distinctive character as members of the tribe from which they trace descen
Marks; signs; appearances! color. In civil law, circumstantial evidence — facts which give rise to inferences. In common law. indications ' Choctaw Nation v. United States, 119 U.
- Indictmentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
2 A written accusation of one or more persons of a crime or misdemeanor, preferred to and presented upon oath by a grand jury.' Indict. To charge with crime by means of an indictme
See Pauper; Pock. A gift "to aid indigent young men" of a certain town or State "in fitting themselves for the evangelical ministry," is not void for uncertainty. The words " indig
What acts or course of conduct will amount to ■ such indignities as constitute a cause for divorce seems to be nowhere defined, and they are perhaps incapable of exact specificatio
Pertaining or belonging to a single or distinct person, considered apart from a number of persons jointly associated or involved; personal; private: as, individual — assets, liabil
See Division, 1.
1. In pleading, matter merely introductory to the essential ground or substance of the complaint or defense, or explanatory of it or of the manner in which it originated or took pl
- Indulgencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
See Forbearance; Favor; Surety.
- Inebriatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
See Intemperate.
See Eligible.
See Accident; Necessity.
- Infamydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
The condition of being without repute, honor, or character: disqualification to testify as a witness or to sit as a juror, on account of conviction of a heinous offense. Whence inf
- Infanticidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
See Homicide. LNTEOrPMENT. See Feoffment.
- Infideldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
One who does not recognize the inspiration or obligation of the Holy Scriptures, or the generally recognized features of the Christian religion.^ See Atheist; Oath. Infidelity. See
1. Legally. insufficient; lacking legal efficacy; incomplete; invalid. See Faith, Good; Negotiable. 3. As to physical and mental infirmity, see Influence; Insanity. 1 18 Cent. Law.
- Informalitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
See Formality.
- Informationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
s Knowledge imparted or obtained. See Belief; Communication. In a statute intended to prevent physicians from disclosing "information" acquired from patients, comprehends knowledge
Instructed; informed. Non sum inform.atus. I am not informed. A judgment by default, when a defendant's attorney declares he has no instruction to say anything by way of answer or
- Infringementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
! Breaking, infraction, violation; a trespass, transgression, invasion. Infringer. One who invades or violates another's right. Infringement, with its inflections is used of a viol
- Ingressdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
The right of entry upon land in a prescribed way. " Egress " is the right of going off the premises to other points in any lawful way. "Regress" is the right of returning in any of
- Inhabitantdefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
!! Implies a more fixed and permanent abode than "resident; " frequently imports many privileges and duties to which a mere resident could not lay claim or be subject.' One domicil
To take property by descent as an heir. As used by a testator, may refer to lands devised or conveyed by an ancestor." ' Somerset v. Great Western Ry. Co., 46 L. T. 884 2 L. in~hab
- Injurydefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
A privation of legal right; a wrong; a tort. See Injltiia. _ A wrong done to a person; a violation of his right.2 "Injury " is the wrongful act or tort which causes harm or injury
- Innocencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Being free from the guilt of crime, fraud, or negligence. Innocent. Not chargeable with fault, fraud, or wrong: as; an innocent purchaser or holder. 1. Where one of two innocent pa
- Innuendodefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
With the meaning; thereby meaning. A clause in a pleading explanatory of a preceding word or averment. The same in effect as " that is to say." While used almost exclusively in act
An inofficious will is one in which natural affection and the claims of near relationship have been disregarded.^ The civil law defines an inofficious or undutiful will to be such
1. The lower of two grades of authority or jurisdiction; subordinate: as. an inferior court or tribunal, an inferior officer. Opposed, sttpei-ior. See Court; Officer. 2. Of less wo
An inquiry by a jury, duly impaneled by the proper officer, into any cause, civil or criminal; also, such jury itself. Compare Inquikt, 2, 3. Coroner's inquest. An inquiry by a cor
- Inquisitiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
See Inquest; Inquiry.
- Insensibledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Sense.
See Computake, Insimul.
- Insinuationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
Suggestion; information communicated: as, at the insinuation of the plaintiff, the court made a particular order.
See Sufficient. r CfSULT. See Assault; Provocation.
Sometimes, the insufficiency of the entire property and assets of an individual to pay his debts — the general and popular meaning. In a more restricted sense, inability to pay deb
- Instancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Application to set aside a proceeding for irregularity must be made as early as pqssible— "in the first instance."'' Instance court. That branch of the Eng-. lish court of admiralt
- Instardefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
Like; resembling; equivalent to. Instar omnium. Representative of all. Money is said to be instar omnium as to values;' one act, as to the purpose of all acts; '° and one case, as
1. An implement or tool, qq. V. 2. Whatever may be presented as evidence to the senses of an adjudicating tribunal, — a document, witness, or even a living thing produced for inspe
Between nations and the States, see Commerce. Between persons, see Access; Cohabit. rNTEEESSE. L. To be of interest to: interest. See Interest, 1. Interesse termini. Interest in a
3 Intervening — happening, accruing, or imposed between the commencement and the termination of proceedings — during the progress of an action at law or of a suit in equity: as, in
Discernment; understanding; knowledge. The possession of intelligence is not a test of sanity; for with it there may be an absence of power to determine the nature of the act, and
If the rule or habit is to drink to intoxication when occasion offers, and sobriety or abstinence is the exception, then the charge of "intemperate habits" is established. It is no
The correct understanding or intention of the law; the true meaning or correct policy of a law. INTENT; INTENTION. Design; determination; purpose. "Intent" implies purpose only — r
- Interdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
In the midst; among; between. Used in Latin phrases, and in compound words; in the latter, the simple words are sometimes separated by a hyphen. Inter alia. Among other things. Int
- Interestdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
Lat. It interests, concerns, is of importance to. Interest reipiiblicae ut sit flnis litium. It concerns the commonwealth that there be an end to lawsuits. The general welfare requ
Inter ipsum (tempus), within that time: in the meantime, meanwhile; provisjionally. Ad interim. For the time intervening. Interim eommittitur. In the meantime, let him be committed
- Interlineationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
See Alteration, 2; Blank, 2.
- Interndefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
* To imprison by restricting to a limited territory: as, to intern a political prisoner within a city or upon an island.
See iMEBOYHaviENT; Revenue;.
See Ministee, 3.
To become parties litigant; to determine a dispute by judicial action. Interpleader; bill of interpleader. Where a person, who owes a debt to one of the parties in a suit, but, til
Expounding, explanation: construction, interpretation, q. V. Ex antecedentitaus et consequentibus, fit optima interpretatio. From what things go before and come after, the best exp
- Interpretationdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)
Is used interchangeably with " construction." Opposed, misinterpretation. The act of finding out the true sense of any form of words, that is, the sense their > [3 Bl. Com. 448. =
- Interpreterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
One who translates the testimony of witnesses speaking a foreign tongue, for the benefit of the court and jury. His re-statement is not hearsay; it may he impeached for inacciu-acy
One of a series or set of written questions prepared by counsel for the examination of a party to a suit in equity. A formal question, in writing, for the judicial examination of a
See Commerce; Ex- TKADi TioN, 2; State, 3 (3).
8 To file a claim or a defense in a suit instituted by or against others. Intervener; intervener. One who applies to be heard as an original party in another's suit, he being inter
- Intestatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
1, adj. Without a will; the status of a person who dies without having disposed of his property by means of a will, and the condition in which the property itself stands before the
Compare Acquainted. That a man has been " intimate " with another's wife, does not of necessity import criminalty."
See Boycottins; Duress; Ejection, 1; Fear; Strike, 2.
To become inebriated or drunk.s Intoxicated. Drunk, from use of spirituous liquor.* Whenever any other idea is intended other words are used; as, in saying that a person is intoxic
- Intradefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
See Infea; Ultra. HfTRINSIC. See Value. rNTKOMISSIOM". Dealings in stock, goods, or cash of a principal, coming into the hands of his agent, to be accounted for by the agent. 2
Below, beneath, under; within; during. Opposed, supra. Used alone, refers to a citation or other matter further on, as in the text or at the foot of the particular page. Whence als
A person who enters upon land when he has no right. ^ Compare Squatter. See Land, Public. Intrusion. Injury by ouster, or amotion of possession from the freehold: the entry of a st
Wrong; injury. A tortious act, whether willful and malicious, or. accidental.! Compare Delictum. Ab assuetis non fit injuria. From matters of long standing no injury krises. Acquie