A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 11,175 terms defined in A Dictionary of Law. Browse all dictionaries
Impersonality. A mode of expression where no reference is made to any person, such as the expression “ut dicitur,” (as is said.) Co. Litt. 3528, Impersonalitas non concludit nee li
In old records. To impeach or accuse. Jmpescatus, impeached. it Blount.
- Impetitio Vastidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Impeachment of waste, (9. v.)
In old English practice. To obtain by request, as a writ or privilege. Bract. fols. 57,1726. This application of the word seems to be derived from the civil law. Calvin.
In old English law. The obtaining anything by petition or entreaty. Particularly, the oblaining of a benefiee from Rome by solicitation, which benefice belonged to the disposal of
Irrelevancy; the fault of not properly pertaining to the issue or proceeding. The introduction of any matters into a bill, answer, or other pleading or proceeding in a suit, which
Umpire, (g. v.)
Impairing or prejudicing. Jacob.
Pledged; given in pledge, (pignori data;) mortgaged. Aterm applied in Bracton to land. Braet. fol. 20.
The act of pawning or putting to pledge. Impius et crudelis judicandus est qui libertati non favet. He ts to be judged impious and cruel who does not iaver liberty. Oo, Litt. 124.
- Impleaddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In practice. To sne or prosecute by due course of law. 9 Watts, 47.
Sued or prosee:ited; used particularly in the titles of causes where there are several defendants; as “A. B., impleaded with C. D.”
Such things as are used or employed for a trade, or furniture of a house. 11 Mete. (Mass.) 82. Whatever may supply wants; particularly applied to tools, utensils, vessels, instrume
- Implicationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Intendment or T= ence, as distinguished from the actual expression of a thing in words. Ina will, an estate may pass by mere tmplication, withont any express words to direct its co
This word is used in law as contrasted with “express;” & ¢., where the intention in regard to the subject-matter is not manifested by explicit and direct words, but is gathered by
- Implied Abrogationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A statute is said to work an “implied abrogation” of an eariier one, when the later statute contains provisions which are inconsistent with the further continuance of the earlier l
- Implied Assumpsitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An undertaking or promise not formally made, but J presumed or implied from the conduct of a party. See Assumrsit.
See Conpr-
A consideration implied or presumed by law, as distinguished from an express consideration, (9. v.)
One which is not set forth explicitly, but is raised by implication of Jaw from the use of certain terms (“grant,” “give,” “demise,” etc.) in the conveyance, contract, or lease. Se
- Implied Malicedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Malice inferred by legal reasoning and necessary deduction from the res geste or the conduct of the party. Malice inferred from any deliberate cruel act committed by one person aga
- Implied Trustdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A trust raised or created by implication of law; a trust implied or presuined from circumstances.
See Resuurina Use.
- Implied Warrantydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A warranty raised by the law ag an inference from the acts of the parties or the circumstances of the transaction. Thus, if the seller of a chattel have possession of it and sel? i
- Importationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The act of bringing goods and merchandise into a country froin a foreign country.
- Importsdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Importations; goods or other property imported or brought into the country from a foreign country,
- Importunitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Pressing solicitation; urgent request; application for a claim or favor which is urged with troublesome frequeney or pertinacity. Webster.
An impost; tax; contribution.
- Impossibilitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
That which, in the eonstitulion and course of nature or the law, no man can do or perform. Impossibility is of the following several sorts: impossibility may be either adsolute, t.
An impossible contract is one which the law will not hold binding upon the parties, because of the natural or legal impossibility of the performance by one party of that which is t
Taxes, duties, or impositions, A duty on imported goods or merchandise. Story, Const. § 949, Tmpost is a tax received by the prince for such merchautlises as are broughtinto any ha
- Impotencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In medical jurisprudence. ‘he incapacity for copulation or prepagating the species. Properly used of the male; but it has also been used synonymously with “sterility.” quired by th
- Impounddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
To shut up stray animals or distrained goods in a pound. To take into the custody of the law or of a court, Thus, a court will sometimes énpound & suspicious document produced at a
- Imprescriptibilitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Tho state or quality of being incapable of prescription; uot of such a character that a right to it can be gained by prescription.
- Imprescriptible Rightsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Such rights as @ person may use or not, at pleasure, since they cannot be lost to him by the claims of another founded on preseription,
A “case of the first impression” is one without a precedent; one presenting a wholly new state of facts; one invoiving a question never before determined.
A power possessed by the English crown of taking persons or property to aid in the defense of the country, with or without the consent of the persons concerned. It is usually exerc
Money paid on enlisting or impressing soldiers or suilors.
Lat. Beyond price; invaluable. stituted authorities, giving permission to print and publish a beok. This allowance was formerly necessary, in England, before any book could lawfull
To press upon; to impress or press; to imprint or print.
In some of the ancient English statutes this word is used to signify & printing-oilice, the art of printing, a print or impression,
Lat. Inthe first place; first of all.
To put ina prison; to put in a place of confinement. To confine a person, or restrain his liberty, in any way.
- Imprisonmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
The act of putting or confining a man in prison; the restraint of a man’s personal liberty; coercion exercised upon a person to prevent the free exercise of his powers of locomotio
Adherents; followers. Those who side with or take the part of another, either in his defense or otherwise.
- Improbationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In Seotch law. <An action brought for the purpose of having some instrument declared false and forged. 1 Forb. Inst. pt. 4, p. 161. The verb “improve” (q. 0.) was used in the same
Not suitable; unfit; not Suited to the character, time, and place. 48 N. H. 199. Wrongful. 53 Law J. P. D. 65.
These were derivative feuds; as, for instance, those that were originally bartered and sold to the feudatory for a price, or were beld upon base or less honorable services, or upon
- Impropriationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In ecclesiastical Jaw. ‘The annexing an ecclesiastical benefice to the use of a lay person, whether individual or corporate, in the same way as a@ppropriation is the annexing of an
- Improvedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
In Scotch law. To disprove; to invalidate or impeach; to prove false or forged. 1 Forb. Inst. pt. 4, p. 162. To improve a lease means to grant a lease of unusual duration to encour
Improved land is such as has been reclaimed, is used for the purpose of husbandry, and ts cultivated as such, whether the appropriation is for tillage, meadow, or pasture. “Improve
- Improvementdefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A valuable addition made to property (usually real estate) or an umeélioration in its condition, amounting to more than mere repairs or replacement of waste, costing labor or capit
A term used in leases, of doublful meaning. Tt would seem to apply principally to buildings, though generally it extends to the aielioration of every description of property, wheth
as used in a statute excluding one found incompetent to execute the duties of an administrator by reason of improvidence, means that want of care and foresight in the management of
In old records. To improve land. Imprutamentwm, the improve ment so made of it. Cowell.
Lat. In the civillaw. A minor under the age of puberty; a male under fourtesn years of age; a female under twelve. Calvin.; Mackeld. Rom. Law, § 138. Impunitas continuum atfectum t
Exemption or protection from penalty or punishment. 36 Tex. 153.
In the civil law. Legal liability.
In the civil law. The application of a payment made by a debtor to his creditor.
Negligence which is not directly attributable te the person himself, but which is the negli- IN. In the law of real estate, this preposition has always been used to denote the fact
Attainable or recoverable by action; not in possession. A term applied to property of which a party has not the possession, but only a right to recover ib by action. Things in acti
- Inadequate Pricedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A ferm applied to indicate the want of a sufficient consideration for a thing sold, or such a price as would ordinarily be entirely incommensurate with its intrinsic value.
- Inadmissibledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
That which, under the established rules of law, cannot be admitted or received; e. g., parol evidence to contradict a written contract.
Against an adverse, unwilling, or resisting party. “A decree not by consent, but in adversum.” 3 Story, 318. In eedificiis lapis male positus non est removendus. I11 Coke, 69. A st
In equal right; on an equality in point of right. In equali jure melior est conditio possidentis, In [a case of] equal right the condition of the party in possession is the better.
In another's land. 2 Steph. Comm. 20.
Notsubject toalienation; the characteristic of those things which cannot be bought or sold or transferred from one person to another, such as rivers and public highways, and certai
Inopendaylight; in the day-time. 9 Coke, 656.
- In Apicibus Jurisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Among the subtleties or extreme doctrines of the law. I Kames, Eq. 190. See Apex Ju Ris.
- In Arbitrium Judicisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
At the pleasure of the judge.
In close and safe custody. 8 BI. Comm. 415,
In a moment; immediately. Cod. 1, 34, 2,
- In Articulo Mortisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In the artiele of death; at the pointof death. 1 Johns. 159. In atrocioribus delictis punitur affectus licet non sequatur effectus. 2 Rolle Ri. 82. In more atrocious crimes the int
An intestate. Y and OUTPENY. Inold En- A customary payment of a penny ng into and going out of a tenancy, u de tenura, el pro inyressu.) Spel-
- Inaugurationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
Tho act of installing or inducting into office with formal ceremonies, as the coronation of a sovereign, the inauguration of a president or governar, or the consecration of a prela
Inthesame state or condition. Calvin.
In bank; inthe bench A term applied to proceedings in the court in bank, as distinguished from proceedings at nist prius. Also, in the English courb of common bench. K
A term applied to the indorsement of a bill or note, where it consists merely of the indorser’s name, without restriction to any particularindorsee. 2Steph. Comm. 164.
In old records. Profit or product of ground. Cowell.
Among the goods or property; in acttial possession. Inst. 4, 2,2. Im
In Saxon law. A security, pledge, or hypotheca, consisting of the chattels of a person unable to obtain a personal “borg,” or surety.
An uninclosed common, marked out, however, by boundaries.
- Incapacitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Wantofcapacity; want of power or ability to take or dispose; want of legal ability to act.
To the heads; by heads or polls. Persons succeed'to an Inheritanee in eapita when they individually take equal shares. So challenges to individual jurors are challenges im ecupita,
Inchief. 2Bl.Comm.60 Tenure in vapite was aholding direclly from the king. In easu extreme necessitatis omnia sunt communia, Hale, P.O. 54. In cases of extreme necessity, everythin
To make a building serve asa castle. Jacob.
Ina/(orthe) case provided. In tali casu editum et provisum, in such case made and provided. Townsh. Pi. 164, 165.
In the cause, as distinguished from in initialibus,{q.0.) A term in Scotch practice. 1 Brown, Ch. 252.
or ENCAUSTUM. Ink. Fieta, 1. 2, ¢. 27, § 5. Incaute factum pro non facto habetur. <A thing done unwarily (or unadvisedly) will be taken as not dene. Dig. 28, 4, 1.
A house-burner; one guilty of arson; one who maliciously and Incendium wre alieno non exuit debitorem. Cod. 4, 2, 11. A fire does not release a debtor from his debt.
Commencement; opening; initiation. The beginning of the operation of a contract or will. Incerta pro nullis habentur. Uncertain things are held for nothing. Dav. it K. B. 33. Incer
- Incestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
The crime of sexual intercourse or cohabitation between a man and woman who are related to each other within the degrees wherein marriage is prohibited by law.
The elements of this offense are that defendant, being married to one person, has bad sexual intercourse with another related to the de fendant within the prohibited degrees. 11 Ga
Incestuous bastards are those who are produced by the illegal connection of two persons who are relations within the degrees prohibited by law. Civil Code La. art. 188.
A measure of length, containing one-twelfth part of a foot; originally supposed equal to three barleycorns.
In English law. A 16 Vict. c. 86, § 21. Obsolete. See Jud. Acts, 1873, 1875. COMMISSION TO TAKE DEPOSI-
To give, or grant, and assure anything by a written instrument.
Principal; primary; directly obtained. A term applied to the evidence “ae obtained from a i witness upon his ' examina-: tion in court by the party producing him. Tenure in chief,
- Inchoatedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
Imperfect; unfinished; begun, but not completed; as a contract not executed by all the parties.
A mode of sale at one timein useamong merchants, A notice is first given upon the exchange, or other public place, as to the time of sale. The goods to be sold are divided into lot