Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 1,220 terms defined in Black's Law Dictionary. Browse all dictionaries
The initial letter of the word "Instituta," used by seme civilians in citing the Institutes of Justinian. Tayl. Civil Law, 24.
In old English law. The season for sowing winter corn. Also spelled "hibernagium" and "hybernagium."
Lat In the same place; in the same book ; on the same page, etc. Abbreviated to "Ibid." or "ib,"
- Ibi semper debet fieri triatio ubi juratores meliorem possunt babere notitiamdefined inBlack's (1910)
7 Coke, lb. A trial should always be had where the jurors can be the best informed.
The ancient name for the pcople of Suffolk, Norfolk, Cambridgeshire, and Huntingdonshire, in England.
An image, figure or representation of a thing. 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,
An abbreviation for "jurisconsultus," one learned in the law; a jurisconsult
In medical jurisprudence. A maim, a bruise, or swelling; any hurt without cutting the skin. When the skin is cut, the injury is called a "wound." Bract, lib. 2, tr. 2. cc. 5, 24.
That is certain which can be made certain. 2 Bl. Comm. 143; 1 Bl. Comm. 78; 4 Kent, Comm. 462; Broom, Max. 624.
- Id certum est quod certum reddi potest, sed id magis eertum est quod de semetipso est eertumdefined inBlack's (1910)
That is certain which can be made certain, but that is more cortain which is certain of itself. 9 Coke, 47a.
Lat The same. According to Lord Coke, "idem" has two significations, sc., idem syllabis seu verbis,. (the same in syllables or words,) and idem re et sensu, (the same in substance
Jenk. Cent. 40. The same person cannot be both agent and patient; i. e., the doer and person to whom the thing is done.
- Idem est facere, et non prohibere cum possis; et qui non prohibit, cum prohibere possit, in culpa est, (aut jubet)defined inBlack's (1910)
3 Inst. 158. To commit, and not to prohibit when in your power, is the same thing; and he who does not prohibit when he can prohibit is in fault, or does the same as ordering it to
It is the same thing to say nothing, and to say a thing insufficiently. 2 Inst. 178. To say a thing in an insufficient manner is the same as not to say it at all. Applied to the pl
It is the same thing not to be as not to appear. Jenk. Cent. 207. Not to appear is the same thing as not to be. Broom, Max. 165.
What is not proved and what does not exist are the same; it is not a defect of the law, but of proof.
To be bound to know or to be able to know is the same as to know.
The same for the same. An illustration of a kind that really adds no additional element to the consideration of the question.
Co. Litt. 685. "The same" is always referred to its next antecedent.
- 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, as "Lawrence" and "Lawrance," 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 recognizes
True identity is collected from a multitude of signs. Bac. Max.
- 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 action, 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 represented, claimed, or charged to bs. See Burrlll, Circ. Ev. 382,
Lat Therefore. Calvin.
Lat. Therefore it is considered. These were the words 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 th
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 stl
Lat That is. Commonly abbreviated "i. e."
Græco-Lat. In the civil law. An instrument privately executed, as distinguished from such as were executed before a public officer. Cod. 8, 18, 11; Calvin.
- Idiocydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Insanity.
such as results from a disease of the brain itself, lesions of the cortex, cerebral anemia, etc.
- 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 hls nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. Lun. 2. See Insanity.
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.
To purge one's self by oath of a crime of which one is accused.
Lat. In the civil and common law. Sufficient; competent; fit or proper; responsible; unimpeachable. Idoneus homo, a responsible or solvent person; a good and lawfui man. Sufficient
In old English law. Ability or fitness, (of a parson.) Artie. Cleri, c. 13.
That is perfect which consists of all its parte, 9 Coke, 9.
Lane, 116. We may do only that which by law we are allowed to do.
- Id quod est magis remotum, non trahit ad se quod est magis junctum, sed e contrario in omni easndefined inBlack's (1910)
That which is more remote does not draw to itself that which is nearer, but the contrary in every case, Co.. Litt. 164.
That which is ours cannot be transferred to another without our act. Dig. 50, 17, 11.
That only is ours which remains to us after deduction of debts. Tray. Lat. Max. 227.
An abbreviation for "id est," that is; that is to say.
In deeds and wllls, this word, as a rule, implies a condition precedent, unless it be controlled by other words. 2 Crabb, Reni Prop. p. 809, § 2152; Sutton v. West, 77 N. C. 431.
In old English law. The finest white bread, formerly called "cocked bread." Blount.
L. Fr. A church. Kelham. Another form of "eglise."
Lat The old Judicial trial by fire. 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)
Publlc disgraco; infamy; reproach; dishonor. Ignominy is the opposite of esteem. Wolff, § 145. See Brown v. Kingsley, 38 Iowa, 220.
Lat. "We are 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 ag
The want or absence of knowledge. Ignorance of law is want of knowledge or acquaintance with the laws of the land in so far as they apply to the act. relation, duty, or matter unde
Lat Ignorance; want of knowledge. Distinguished from mistake, (error,) or wrong conception. Mackeld. Rom. Law, § 178; Dig. 22, 6. Divided by Lord Coke into ignorantia foeti (ignora
Ignorance of those things which one is bound to know excuses not. Hale, P. C. 42; Broom, Max. 207.
Ignorance of fact excuses or is a ground of relief. 2 Coke, 3b. Acts done and contracts made under mistake or ignorance of a material fact are voidable and relievable in law and eq
Ignorance of the fact excuses; ignorance of the law excuses not. Every man must be taken to be cognizant of the law; otherwise there is no saying to what extent the excuse of ignor
Ignorance of the [or a] law, which every one is bound to know, excuses no man. A mistake in point of law is, in criminal cases, 'no sort of defense. 4 Bl. Comm. 27; 4 Steph. Comm.
Ignorance of one's right does not prejudice the right. Lofft, 552.
Ignorance of law excuses no one. 4 Bouv. Inst. no. 3828; 1 Story, Eq. Jur. § 111; 7 Watts, 374.
Lat. A term of logic, sometimes applied to pleadings and to arguments on appeal, which signifies a mistake of the question, that is, the mistake of one who, failing to discern the
Where the terms of an art are unknown. the art itself is unknown also. Co. Litt. 2a.
- Ignoredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
1. To be ignorant of or unacquainted with. 2. To disregard willfully; to refuse to recognize; to decline to take notice of. See Cleburne County v. Morton, 69 Ark. 48, 60 S. W. 307.
- Ignoscitur ei qui sanguinem suum qualiter redemptum voluitdefined inBallentine's (1916)Black's (1910)
Tbe law holds him excused from obligation who chose to redeem his blood (or life) upon any terms. Whatever a man may do under the fear of losing his life or limbs will not be held
One of the four great Roman roads in Britain; supposed to be so called from the Iceni.
In old pleading. Bad; defective in law; null; naught; the opposite of good or valid.
Lat Things brought into the house for use by the tenant were so called, and were liable to the jus hypothecœ of Ronian law, just as they are to the landlord's right of distress at
- 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
A11 those that are impossible, or contrary to law, immoral, or repugnant to the nature of the transaction.
Usury; interest at a higher rate than the law allows. Parsons v. Babcock, 40 Neb. 119, 58 N. W. 726.
Such traffic or commerce as is carried on in violation of the municipal law, or contrary to the law of nations. See Illicit.
The condition before the law or the social status, of a bastard; the state or condition of one whose parente were not intermarried at the time of his birth. Mliler v. Miller, 18 Hu
- Illegitimatedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
That which is contrary to law; it is usually applied to bastards or children bom out of lawful wedlock. The Louisiana Code divided illegitimate children into two classes: (1) Those
- Illeviabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
Not leviable; that cannot or ought not to be levied. Cowell.
Evil repute; notorious Dad character. Houses of prostitution, gaming houses, and other such disorderly places are called "houses of III fame," and a person who frequents them is a
In old English law. Without license. Fleta, lib. 3, c. 5, § 12.
- 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; uniawful; as an illicit trade; il
The living together as man and wife of two persons who are not lawfully married, with the implication that they habitually practice fornication. See Rex v. Kalailoa, 4 Hawaii, 41,
Unlawful sexual intercourse. State v. King, 9 S. D. 628, 70 N. W. 1046.
One carried on without a compliance with the provisions of the laws of the United States relating to the taxation of spirituous liquors. U. S. v. Johnson (a Ct) 26 Fed. 684.
Lat. Unlawfully. This word has a technical meaning, and ls requisite in an indictment where the act charged is unlawful; as in the case of a riot. 2 Hawk. P. C. c. 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)
Lat 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. See In re Succession of Carroll, 28 La. Ann. 388.
Godol. Ecc. Law, 169. That which is united to another is extinguished, nor can it be any more independent.
Incapable of being placed out or hired.
Lat. That.
- Illud, quod alias licitum non est, necessitas facit licitum; et necessitas inducit privilegium quoad jura privatadefined inBlack's (1910)
Bac. Max. That which is otherwise not "permitted, necessity permits; and necessity makes a privilege as to private rights.
- Illusiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In medical jurisprudence. An image or impression in the mind, excited by some external object addressing itself to one or more of the senses, but which, instead of corresponding wi
Deceiving by false appearances ; nominal, as distinguished from substantial. —Illusory appointment. Formerly the appointment of a merely nominal share of the property to one of the
- Illusory appointmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
Formerly the appointment of a merely nominal share of the property to one of the objects of a power, in order to escape the rule that an exclusive appointment could not be made unl
The statute 1 Wm. I v. 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 s
The prefix to the title of a prince of the blood in England.
This term is sometimes used as equivalent to "exemplary," "vindictive," or "punitive" damages. Murphy v. Hobbs, 7 Colo. 541, 5 Pac. 119, 49 Am. Ren. 366.
- 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
A Mohammedan prince having supreme spiritual as well as temporal power; a regular priest of the mosque.
An old form of "embargo," (q. vt) St. 18 Car. II. c. 5.
The act of mixing the specie 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)
See Insanitt.
An occasional or obsolete form of "embezzle," (q. v.)
In old English law. To plant or sow grain. Bract fol. 176b.
See Embracery.