A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 773 terms defined in A Dictionary of Law. Browse all dictionaries
The season for sowing winter corn. Ibi semper debet fieri triatio ubi juratores meliorem possunt habere notitiam. 7 Coke, 1b. <A trial should always be had where the jurors can be
Lat. In the same place; in the same book; on the same page, ete. Abbreviated to “ibid.” or “id.”
An image, figure, or representation of athing. Du Cange.
In old English law. A stroke or blow from a club or stone; a bruise, contusion, or swelling produced by a blow from a club or stone, as distinguished from “plaga,” (a wound.) Fleta
In medical jurisprudence, A maim, a bruise, or swelling; any burt without cutting the skin. When the skin is cut, the injury is called a “wound.” SBract. lib. 2, tr. 2, ec. 5, 24.
The same for the same. An illustration of a kind that really adds no additional element to the consideration of the question. Idem semper antecedenti proximo refertur, Co, Litt, 68
- Idem Sonansdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied in the spelling, us “Lawrence” and “Lawrenee,” a
- Identificationdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Proof of identity; the proving that a person, subject, or article before the court is the very same that he or it is alleged, charged, or reputed to be; as where a witness recogniz
- Identitate Nominisdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In English law. An ancient writ (now obsolete) which lay for one taken and arrested in any personal aclion, and committed to prison, by mistake for another man of the same name. Fi
- Identitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
In the law of evidence. Sameness; the fact that a subject, person, or thing before a court is the same as it is rep-
Lat. Therefore. Calvin.
Therefore it is considered. These were the worda used at the beginning of the entry of judgment in an action, when the forms were in Latin. They are also used as a name for that po
A division of time among the Romans. In March, May, July, and October, the Ides were on the 15th of the month; in the remaining months, on the 13th. This method of reckoning is sti
Tat. That is. Commonly abbreviated “i. e.” Id perfectum est quod ex omnibus suis partibus constat. That is perfect which consists of all its parts. 9 Coke, 9. Id possumus quod de j
Greco-Lat. In the civil law. An instrument privately executed, as distinguished from suchas were executed before a public otficer. Cod. 8, 18, 11; Calvin.
- Idiocydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In medical jurisprudence. That condition of mind in which the reflective, and all or a part of the affective, powers are either ontirely wanting, or are manifested to the slightest
- Idiotdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
A person who has been without understanding from his nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. Lun. 2. See Iniocy,
In the civil law. An unlearned, illiterate, or simple person. Calvin. A private man; one not in office. In common law. An idiot or fool.
WRIT DE. This is the name of an old writ which directs the sheriff to inquire whether a man be an ‘the man were found an idiot, his lands and the custody of his n might be granted
Lat. In the civil and commonlaw. Suflicient; competent; fit or proper; responsible; unimpeachable. Idoneus homo, a responsible or solvent person; a good and lawful man. Sufficient;
Inold Englishlaw. Abil- Ity or Btness, (of a parson.) Artic. Cleri, c. 13, IF. In deeds and wills, this word, as a rule, implies a condition precedent, unless It be controlled by o
The finest white bread, formerly called “cocked bread.” Blount.
Fr. Acchurch. Kelham. Another form of “eglise.”
The old judicial trial by fre. Blount,
In old English law. ‘The curfew, or evening bell. Cowell. See CURFEW:
- Ignominydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Public disgrace; infamy; reproach; dishonor. Ignominy is the opponile of esteem. Wolff, § 145. See 38 Iowa, 220.
Lat. “Weare ignorant;” “We ignore it.” Formerly the grand jury used to write this word on bills of indictment when, after having heard the evidence, they thought the accusation aga
The want or absence of knowledge. Ignorance of laze is want of knowledge or acquaintance With the laws of the land in so far as they apply to the act, relation, duty, or facts cons
Ignorance; want of knowledge. Distinguished from mistake, (error,) or wrong conception. Mackeld, Rom. Law, § 178; Dig. 22, 6. Divided by Lord Coke into ignorantia facti (ignorance
Lat. In logic. An overlooking of the adversary'’s counter-position in an argument. Ignoratis terminis artis, ignoratur et ars. Where the terms of an art are unknown, the art itself
- Ignoredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
To be ignorant of, or unacquainted with. 2. To disregard willfully; to refuse to recognize; to decline to take notice of. 3. To reject a8 groundless, false, or unsupported by evide
Incorporeal hereditginents are said to “lie in grant;” that is, they pass by force of the grant (deed or charter) without livery.
One of the four great Roman reads in Britain; supposed to be from the feend.
to the barons of the port of Fevresham. Cowell.
Inold pleading. Bad; defeetivein law; null; naugit; the opposite of good or yalid.
Things brought inte the house for usa by the tenant were so called, and were liable to the jus hypothece of Roman law, just as they are to the landlord’s right of distress at commo
- Illegaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Not authorized by law; illicit; unlawful; contrary to law. Sometimes this term means merely that which lacks authority of or support from law; but more frequently it imports a viol
All those that are impossible, or contrary to law, immoral, or repugnant to the nature of the transaction.
Anagreement fo do any act forbidden by the law, or to omit to do any act enjoined by the law.
Such traffic or commerce as is carried on in violation of the municipal law, or contrary to the law of nations. See ILLicir TRrapeE,
The condition before the law, or the social status, of a bastard; the state or condition of one whose parents were not intermarried at the time of his birth,
- Illegitimatedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
That which is contrary to law; it ts wsually applied to baslards, or children born out of lawful wedlock. The Louisiana Code divided illegitimate children intotwoelasses: (1) Those
Evilrepute; notorious bad character. Houses of prostitution, gaming houses, and other such disorderly places are called “houses of iil fame,” and a person whe frequents them is a p
- Illicitdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Not permitted or allowed; prohibited; unlawful; as an dédicit trade; tilicit intercourse.
Unlawfully. This word has A technical meaning, and is requisite in an indictment where the act charged is unlawful; a3 in the case of a riot. 2 Hawk. P. C. e. 25, § 96.
Policies of marine Insurance usually contain a covenant of warranty against “illicit trade,” meaning thereby trade which is forbidden, or declared unlawful, by the laws of the coun
- Illicitum Collegiumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An illegal corporation.
- Illiteratedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Unlettered; ignorant, unlearned. Generally used of one who cannot read and write.
Incapable of being placed out or hired.
Lat. That. Tilud, quod alias licitum non est, necessitas facit licitum; et necessitas inducit privilegium quoad jura privata. Bac. Max. That which is otherwise not permitted, neces
- Illusiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In medical jurisprudence. An imige or impression in the mind, excited by some external object addressing itself to the senses, but which, instead of correspending with the reality,
Deceiving by false appearances; nominal, as distinguished from substantial. share of the property to one of the objects of a power, in order to escape the rule that an exclusive ap
The statute 1 Wm. IV. c. 46. This statute enacts that no appointment made after its passing, (July 16, 1830,) in exercise of a power to appoint property, real or personal, among se
The prefix to the title of a prince of the blood in England.
- Imaginedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In English law. In cases of treason the law makes it a crime to imagine the death of the king. But, in order to complete the crime, this act of the mind must be demonstrated by som
IMAM, orIMAUM. A Mohammedan prince having supreme spiritual as well as temporal power; a regular priest of the mosque.
Anold form of “embargo,” (q.0.) St. 18 Car. IL. « 5.
The act of mixing the species with an alloy below the standard of sterling. 1 Hale, P. C. 102.
- Imbecilitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Weakness, or feebleness of intellect, either congenital, or resulting from an obstacle to the development of the faculties, supervening in infancy. See Whart. & 5. Med. Jur. §§ 229
See EMBEZZLE.
In old Mnglishlaw. To plant or sow grain. Bract. fol. 1766.
See EMBRACERY.
- Immaterialdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Not material, essential, or necessary; not important or pertinent; not decisive.
An averment alleging with needless particularity or unnecessary circumstances what is material and necessary, and which might properly have been stated more generally, and without
- Immaterial Issuedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In pleading. An issue taken on an immaterial point; that is, # point not proper ty decide the action. Steph. Pl. 99, 180; 2 Tidd, Pr. 921.
- Immediatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
1. Present; at once; without delay; not deferred by any interval of time. In this sense, the word, without any very precise signification, denotes that action is or must be taken e
“A descent may be said to be mediate or immediate in regard to the mediate or immediate descent of the estate or right: orit may be suid to be mediate or immediate in regard to the
“It is impossible to lay down any hard and fast rule as to what is the meaning of the word ‘immediately’ in all cases. The words ‘forthwith’ and ‘immediately’ have the same meaning
In Louisiana. Possession of which no man liv. ing has seen the beginning, and the existence of which he has learned from his elders, Civil Code La. art. 762; 2 Mart. (La.) 214,
A practice which has existed time out of mind; custom; prescription.
These are, in French law, the immovables of English law. Things are tmmeubles from any one of three causes; (1) Froin their own nature, e. g., lands and houses; (2) from their dest
The coming into a country of foreigners for purposes of permanent residence. The correlative term “emigration” denotes the act of such persons in leaving their former country.
Lat. In the civil law. To mix or mingle with; to meddle with; to join with. Calvin.
In the civil law. To put or let into, asa beam intoa wall. ‘Calvin; Dig. 50, 17, 242, 1. ‘In old English law. To put cattle on a cominon, Fleta, lib. 4, ¢. 20, § 7. Immobilia situm
Immovable. Immobitia, or ves immobiies, immovable things, such as lands and buildings. Mackeld. Rom. Law, ° § 160.
Contrary to good morals; ineonsistent with the rules and principles of morality which regard men as living in a community, and which are necessary for the public weifare, order, an
One contrary to good morals, and therefore invalid. Contracts based upon an immoral consideration are generally void.
Contracts founded upon considerations contra bunos mores are void.
- Immovablesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In the civil law. Propty which, from its nature, destination, or the object to which it is applied, cannot move jtself, or be removed, Immovable things are, in general, such as can
- Immunitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
An exemption from serving in an office, or performing duties which the law generally requires other citizens to perform.: IMPAIR. To weaken, diminish, or re- } lax, or otherwise af
Inold Englishlaw. To impound, leg. Orig. 92. ‘To shut up, or confine in prison. Inducti sunt in careerem et imparcati, they were earried to prison and shut up. Bract. fol. 124.
The right ef impounding cattle.
To have license to settle a litigation amicably; to oblaim dolay for adjustment.
- Imparlancedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
In early practice, imparties to an action to answer the pleading of the other. It thus amounted to a continnance of the action to a further day. Literally the term signified leave
- Imparsoneedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Fr. In ecclesiastical law. One who is inducted and in pussession of a benefice. Parson imparsonee, (persona impersonata.) Cowell; Dyer, 40.
The actof put ting into full possession of a benefice.
To accuse; to charge a lia bility upon; to sue. To proceed against a public officer for crime or misfeasance, before a proper court, by the presentation of a written accusation cal
- Impeachmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A criminal! proceeding against a public olficer, before a guust politica] court, instituted by a written aceusation called “articles of impeachment;” for exainple, a written accusa
- Impeachment Of Wastedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Lisult for compensation for waste conimitted upon lands or tenements by a tenant thereof who, having only a leasehold or particular estate, had no right to commit waste. See 2 BL.
Proof that a witne3s who has testified in a cause is unworthy of credit.
To impeach, to accuse, or prosecute for felony or treason.
- Impediensdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Inold practice. One who hinders; an impedient. The defendant or "eforciant in a fine was sometimes so called. Sowell; Blount.
In Spanish law. A prohibition to contract marriage, established ‘y law between certain persons,
- Impedimentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Disabilities, or hindrances to the making of contracts, such as coverture, infancy, want of reason, etc. In the civil law. Bars to marriage. Absolute impediments are those which pr
In old English law. A disturber in the action of gquare tmpedit. St. Marlb. ¢. 12.
Lat. In the civil law. Expenses; outlays. Mackeld. Rom. Law, § 168; Calvin. Divided into necessary, (necessariae,) useful, (utiles,) and tasteful or ornamental, (voluptuariae.) Dig
See Direcrory.
- Imperatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Emperor. The title of the Roman emperors, and alsoof the kings of England before the Norman conquest. Cod. 1, 14, 12; 1 Bl. Comm. 242. See Emprror.
Moral
See Riauts.