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
Ontheback. 2 Bl. Comm. 468; 2Steph. Comm. 164. In dorse recomii, on the back of therecord. 5 Coke, 45. Hence the English indorse, indorsement, etc. In dubiis, benigniora preferenda
In doubt; in a state of un. certainty, or in a doubtful case. In dubio, hve lepis constructio quam verba ostendunt. Jn a case of doubt, that is the construction of the law which th
- Inducementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In contracts. The benetit or advantage which the promisor is to receive from a contract is the inducement for making it. In criminal evidence. Motive; that which leads or tempts to
In international law. A truce; a suspension of hostilities; an agree ment during war to abstain fora time from warlike ucts.; In old maritime law. A periad of twenty days after the
In Sevtch law. The days between the cibation of the defendant and the day of appearance; the days between the test day and day of return of the writ.
In the civillaw. Obliteration, by drawing the pen or stylus over the writing. Dig. 23,4; Calvino,
- Inductiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
In _ ecclesiastical law. Induction is the ceremony by which an incumbent who has been instituted to a benefice is vested with full possession of all the profits belonging to the ch
- Indulgencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Inthe Roman Catholic Church. A remission of the punishment due to sins, granted by the pope or church, and supposed to save the sinner from purgatory. Its abuse led to the Reformat
In ecclesiastical law. A dispensation granted by the pope to do or obtain something contrary to the common law. In Spanish law. The eondonation or remission of the punishment impos
Endowment, (g. 0.) INDUSTRIAL AND PROVIDENT
Indouble, Damnain duplo, double damages. Fleta, lib. 4, e. 10, a.
Schools {established by voluntary contribution) in which industrial training is provided, and in which children are dodged, clothed, and fed, as well as taught.
PER. Lat. A qualified property in animals fera nature may be acquired per industriam, t. e., by @ Man's reclaiming and making them tame by art, industry, and education; or by so co
- Inebriatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
A person addicted to the use of intoxicating liquors; an habitual drunkard. Any person who habitually, whether continuously or periodically, indulges in the use of intoxieating liq
- Ineligibilitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Disqualification or legal incapacity to be elected to an office. Thus, an alien or naturalized citizen is ineligible to be elected president of the United States.
Disqualified to be elected to an office; also disqualified to hold an oflice if elected or appointed toit. 28 Wis. 99. Inesse potest donationi, modus, conditio sive causa; ut modus
In envy or hatred of a neighbor. Where an act is done, or action brought, solely to hurt or distress another, it is said to be in ss nem vicizi. 1 Kames, Eq. 56. In eo quod plus si
In a court of equity, as distinguished from a court of law; in the purview, consideration, or contemplation of equity; according to the doctrines of equity,
Inbeing. Actually existing. Distinguished from in posse, which means “that which is not, but may be.” <A child before birth is im posse; after birth, in esse,
Lat. Itis implied of right; it is implied by law.
Included in the evidence already adduced. The “facts in evidence” are such as have already been proved J in the canse.
Incapable of being avoided; fortuitous; transcending the power of human care, foresight, or exertion to avoid or prevent, and therefore suspending legal relations so far as to excu
- Inevitable Accidentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
An Incannot be prevented by human skill or fore sight, but results from natural causes, such as lightning or storms, perils of the sea, inor illness, By irresistible force is meant
A guard; a watchman. Domesday.
Inexchange. Formal words in old deeds of exchange.
In extension; at full
In extremity; in the last extremity; in the last illness. 20Johns. 502; 2 Bl. Comm. 375, 500. Agens in extrvemis, being in extremity. Bract. fol. 3730. Declarations in extremis, dy
In the face of the court. Dyer, 28.
In the face of the church. A term applied in the law of England to marriages, which are required to be solemnized in a parish church or public chapel, unless by dispensation or lic
In dojng; in feasance; in the performance of an act. 2 Story, Eq. Jur. § 1308.
Actual, real; as distinguished from implied or inferred. Resulting from the acts of parties, instead of from the act or intendment of law.
In fact; indeed. Jn facto dicit, in factsays. 1 Salk. 22, pl. 1. In facto quod sa habet ad bonum et malum, magis de bono quam doe malo lex intendit. In an act or deed which admits
In old English law, Exposed upon the sands, or sea-shore. A species of punishment mentioned in Hengham. Cowell,
Lat. Infamy; ignominy or disgrace, By infumta juris 1s meant infamy established by law as the consequence of crime; infamic fuck is where the party is supposed to be guilty of such
Lat, In Roman law. <A person whose rightof reputation was diminished (involving the loss of some of the rights of citizenship) either on account of his intamous avocation or becaus
A crime which entails infamy upon one who has committed it. See INFAMY. The term “infamous”"—4. ¢., without fame or good report—was applied at common law to cer tain crimes, upon t
- Infamydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
A qualification of a man’s legal status produced by his conviction of an famous crime and the consequent loss of mor and eredit, which, at common law, reniered him incompetent as a
Minority; the state of a person who is under the age of legal majority, —at common law, twenty-one years. <According to the sense in which this term is used, if may denote the cond
Inold English law. A privilege of lords of certain manors to judge any thief taken within their fee,
- Infantdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
A person within age, not of age, or not of full age; a person under the age of twenty-one years; a minor. Co. Litt. 1716; 1 Bl. Comm, 463-466; 2 Kent, Comm. 20d,
In the civil law. The peried of infancy between birth and the age of seven years, Calvin.
- Infanticidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
The murder or killing of an infant soon after its birth, The fact denote the destruction of the fetus in the womb,
The statute 18 & 19 Vict. ec. 48. “Gy virtue of this act every infant, {if a male, of twenty, or, if a female, of seventeen, years,—section 4,) upon or in contemplation of marriage
In Spanish law. A person of noble birth, who exercises within hia domains and inheritance no other rights and privileges than those conceded to him. Eseriche.
In favor of liberty.
In fayor of life. In favorem vite, hbertatis, et innocentis, omnia presumuntur, In favor of life, liberty, and innocence, every presumption is made. Lofft. 125.
In Scotchlaw. To giveseisin or possession of lands; to invest or enfeoff. 1 Kames, Eq. 215.
In old Scotch law, Investiture or infeudation, including both charter and seisin. I Forb. Inst. pt. 2, p. 110. In later law. Saisine, or the instrument of possession. Bell.
An expression applied to a court when it suggested ta an advocate something which he had omitted through mistake or ignorance, Spelman.
The act or instrumentoffeoflfment. In Scotland it is synonymous with “saisine,” meaning the instrument of possession. Formerly it was aynonyoous with “investiture.” Bell.
- Inferencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In the law of evidence, A truth or proposition drawn from another which issupposed or admitted to be true. A process of reasoning by which a fact or proposition sought to be establ
In the law of eyldence. Operating in the way of inference; argumentative. Presumptive evidence ig somelimes termed “inferential.” 4 Pa, St. 272.
One who, in relation to an other, has less power and is below him; one bound to obey it, the inferior. 1 Bouv. Inst. no. 8.
This term may denote any court subordinate to the chief appellate tribunal in the particular judicial system; but it is commonly used as the designation of a court of sperial, limi
The placing in possession of a freehold estate; also the granting of tithes to laymen.
In fee. Bract. fol. 207; Fleta, lib. 2, c. 64, § 15. Seisitus in feodo, seised in fee. Fieta, lib. 3, ¢. 7, § 1. In fictione juris semper xquitas exiswith equity. 1] Coke, 51a; Bro
Lat. In the civil law. To deny; to deny one’s liability; to refuse to pay a debt or restore a pledge; todeny the allegation of a plaintiff; todeny the charge of an accuser. Calvin.
Lat. In the civil law. Denial; the denial of a debt or liability; the denial of the claim or allegation of a party plaintiff. Calvin.
- Infideldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
One who does not believe in the existence of a God who will reward or punish in this world or that which is to come. Willes, 550. One who professes no religion that can bind his co
In old English law. An infidel or heathen. In feudal law. One who violated fealty.
In feudal law. Infidelity; faithlessness to one’s feudal oath. Spelman.:
In old European law. To pledge property. Spelman.
In being made; in process of formation or development; hence, inconiplete or inchoate. Legal proceedings are de scribed as in fieré until judgment is entered,
Sax. An assault madeon a person inhabiting the same dwelling. Infinitum in jure reprobatur. That
Lat. Attheend. Used, in Teferences, to indicate that the passage cited is at the end of a book, chapter, section, ete.
Weak, feeble. The testiuio of an “Infirm” witness may be taken bene esse in some circumstances. See l P. Wms. 117.
In the law of evidence, Having the quality of diminishing force; having a tendency to weaken or render infirm. 3 Benth. Jud. Ey. 14; Best, Pres. § 217.
In the law of evidence. A consideration, supposition, or hypothesis of which the eriminative facets of a case admit, and which tends to weaken the inferetice or presumption of guil
In the law of evidence. A fact set up, proved, or even supposed, in opposition to the criminative facts of a case, the tendency of which is to weaken the force of the inference of
A term sometimes used in criminal evidence to denote an hypothesis or theory of the case which assumes the defendant’s innocence, and explains the criminative evidence in a manner
Deficient in legal form; inartificially drawn up.
- Informalitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Want of legal form,
In the character or manner of a pauper. Describes permission given toa poor person to sue with. out liability for costs.
- 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)
In practice. An accusation exhibited against a person for some criminal offense, without au indict. ment. 4 Ll. Comm. 308. An accusation in the nature of an indictment, from which
In a (or the) forum, court, or tribunal. IN FORO CONSCIENTIA&s. In the tribunal of conscience; conscientiously; considered from a moral, rather than a legal, point of view.
- In Foro Contentiosodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In the forum of contention or litigation.
In an ecclesiastical forum; in the ecclesiastical court, Fieta, lib. 2, ¢. 57, § 13. IN FORO SH#CULARI. In a secular forum er court. Fleta, lib, 2, ¢ 57, § 14; 1 Bl. Comm. 20.
The name given by _ the glossators to the second of the three parts or volumes into which the Pandects were divided. The glossaturs at Bologna had at first only two parts, the firs
HOMICIDE PER. Where a man doing a lawful act, without intention of hurt, unfortunately kills another,
Lat. Below; underneath; with- {n. This word occurring by itself in a book tefers the reader to a subsequent part of the book, like “post.” It is the opposite of “ante” and “supra,”
Under or within a year. Lract. fol. 7.
(Within the year of mourning.) The phrase is used in reference to the marriage of a widow
Within her arms. Used of a husband dé jure, as well as de facto. 2 Inst. 317. Also inter brachia. Bract. fol. 1486. It was in this sense that a woman could only have an appeal for
Within the state, 1 Camp. 23, 24.
Within the body (territorial limits) of a county. In English law, waters which are infra corpus comitatus are exempt from the jurisdiction of the admiralty.
A breach, violation, or infringement; as of a law, acontract, aright or duty. F In French law, this term is used as a general designation of all punishable actions.
Beneath the dignity of the court; unworthy of the consideration of the court. Where a bill in equity is brought upon a matter too trifling to deserve the attention of the court, it
During madness; while in a state of insanity. Bracb. fol. 195.
Within theinn. When a traveler’s baggage comes infra hospitium, i. e., in the care and under the custody of the innkeeper, the latter’s Liability attaches,
Within the jurisdiction. 2 Strange, 827,
Within the king's ligeance. Comb, 212.
Within the bounds or limits. Infra metas foreste, within the bounds of the forest. Fleta, lib. 2, c. 41, § 12. Infra metas hospitti, within the limits of the household; within the
Within the protection; within the defenses. In international law, when a prize, or other captured property, is brought into a port of the captors, or within their lines, or otherwi
Within the four seas; within the kingdom of England; within the jurisdiction.
Within four walls. 2 Crabb, Real Prop. p. 106, § 1089.
Within the realm.
Within three days. Formal words in old appeals. Feta, lib. 1, ¢. 31, § 6; Id.¢. 35, § 3.
In fraud of creditors; with intent to defraud creditors. Inst. 1, 6, pr., 3.
In fraud of the law. 38 Bl. Comm. 94. With the intent or view of evading the law. 1 Johns. 424, 432.
- Infringementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract, or right. Used especially of invasions of the rights secured by patents, copyrights, a