Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 493 terms defined in Black's Law Dictionary. Browse all dictionaries
The Initial letter of the words "judge" and "justice," for which it frequently stands as an abbreviation. Thus, "J. A.," judge advocate; "J. J.," junior judge; "In J.," law judge;
An abbreviation for "Jacobus," the Latin form of the name James; used principally in citing statutes enacted In the reigns of the English kings of that name; e. g., "St. 1 Jac. II.
Lat. Lying In abeyance, as in the phrase "hœreditas jacens," which is an inheritance or estate lying vacant or in abeyance prior to the ascertainment of the heir or his assumption
Lat. In old English law. It lies in the mouth. Fleta, lib. 5, c. 5, § 49.
A kind of defensive coat-armor worn by horsemen in war; not made of solid iron, but of many plates fastened together. Some tenants were bound by their tenure to find it upon invasi
A gold coin worth 24s., so called from James I., who was king when it was struck. Enc. Lond.
- Jactitationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A false boasting; a false claim; assertions repeated to the prejudice of another's right. The species of defamation or disparagement of another's title to real estate known at comm
- Jactitation of marriagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
See Jactitation.
the boasting by a man that he is entitled to certain tithes to which he has legally no title. In medical jurisprudence. Involuntary, convulsive muscular movement; restless agitatio
Lost by default; tossed away. Cowell.
In the civil law. A throwing of goods overboard in a storm; jettison. Loss from such a cause. Calvin.
A throwing goods overboard to lighten or save the vessel, in which case the goods se sacrificed are a proper subject for general average. Dig. 14, 2, "de lege Rhodia de Jactu." And
The throwing down of a stone. One of the modes, under the civll law, of interrupting prescription. Where one person was building on another's ground, and in this way acquiring a ri
- Jaildefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
A gaol; a prison; a building designated by law or regularly used, for the confinement of persons held in lawful custody. State v. Bryan, 89 N. C. 534. See Gaol.
See Gaol.
A keeper or warden of a prison or jail.
See Gaol.
In old English and feudal law. Leg-armor. Blount.
In Hindu law. A written schedule of the whole of an assessment.
In Hindu law. Total amount; collection; assembly. The total of a territorial assignment.
Furze or grass or ground where furze grows; as distinguished from "arable," "pasture," or the like. Co. Litt. 5a.
Freemen who delivered themselves and property to the protection of a more powerful person, in order to avoid military service and other burdens. Spelman. Also a species of serfs am
In old English law. A -door-keeper. Fleta, lib. 2, c. 24. In modern law. A janitor is understood to be a person employed to take charge of rooms or buildings, to see that they are
In old English law. Small money.
Yeomen retained by the sheriff to escort the .judge of assize.
In Scotch law. Jailer or gaoler. 1 Pitc. Crim Tr. pt. 1, p 33.
In the civil law. Against the will, (testament.) Dig. 37, 4.
Summary justice inflicted upon a marauder or felon without a regular trial, equivalent to "lynch law." So called from a Scotch town, near the English border, where raiders and catt
In old records. Yeoman. Cowell ; Blount.
In Fr. I have failed; I am in error. An error or oversight in pleading. Certain statutes are called "statutes of amendments and Jeofailes" because, where a pleader perceives any sl
- Jeopardydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Danger; hazard; peril. Jeopardy ls the danger of conviction and punishment which the defendant in a criminal action incurs when a valid indictment has bcen found, and a petit jury
In English law. An officer of the custom-house who oversees the waiters. Techn. Diet
A large brass candlestick, usually hung in the middle of a church or choir. Cowell.
Fr. In French law. Jettison. Ord. Mar. liv. 3, tit. 8; Emerig. Trait6 des Assur. c. 12, § 40.
A term descriptive of goods which, by the act of the owner, have been voluntarily cast overboard from a vessel, in a storm or other emergency, to lighten the ship. 1 C. B. 113. Jet
The act of throwing overboard from a vessel part of the cargo, in case of extreme danger, to lighten the ship. The same name is also given to the thing or things so cast out. Gray
Fr. In French law. Speculation in the public funds or in stocks; gambling speculations on the stock exchange ; dealings in "options" and "futures."
By "jewels" are meant ornaments of the person, such as ear-rings, pearls, diamonds, etc., which are prepared to be worn. See Com. v. Stephens, 14 Pick. (Mass.) 373; Robbins v. Robe
A phrase used to indicate judicial decisions which construe away the meaning of statutes, or find meanings in them the legislature never intended. It is sometimes used as meaning,
In old English and European law. The judgment of God; otherwise calied "divinum judicium," the "divine judgment." A term particularly applied to the ordeals by fire or hot iron and
In right of the church. 1 Bl. Comm. 401.
In equity practice. That part of a bill which is intended to give jurisdiction of the suit to the court, by a general averment that the acts complained of are contrary to equity, a
Hun-dredors ; lords of the hundreds ; they who had the jurisdiction of hundreds and held the hundred courts.
Justices appointed by Richard I. to carry into effect the laws and orders which he had made for regulating the money contracts of the Jews. Brown.
In old English law. Judges of a pyepowder court, of a most transcendant jurisdiction, anciently authorized by the bishop of Winchester, at a fair held on St. Giles' hills near that
In old English law. A kind of justices appointed by King Edward I. upon occasion of great disorders in the realm, during his absence in the Scotch and French wars. They were a kind
Speedy justice. Bract. 333b.
The whole of a thing which is to be done. "To build by plot or to work by the job, is to undertake a building for a certain stipulated price." Civ. Code La. art. 2727.
- Jobberdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
One who buys and sells goods for others; one who buys or sells on the stock exchange; a dealer in stocks, shares or securities.
In old English law. Jewels. This term was formerly more properly applied to those ornaments which women, although married, call their own. When these jocalia are not suitable to he
A little manor or farm. Cowell.
In old English law. A game of hazard. Reg. Orig. 290.
In old English practice. A divided game, risk or hazard. An arrangement which the parties to a suit were anciently sometimes allowed to make by mutual agreement upon a certain haza
The name which was usually given to the fictitious lessee of the plaintiff in the mixed action of ejectment. He was sometimes called "Goodtitle." So the Romans had their fictitious
Joining or coupling together; uniting two or more constituents or elements in one; uniting with another person in some legal step or proceeding. —Joinder in demurrer. When a defend
- Joinder in demurrerdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
When a defendant in an action tenders an issue of law, (called a "demurrer,") the plaintiff, if he means to maintain his action, must accept it, and this acceptance of the defendan
In pleading. A formula by which one of the parties to a suit joins in or accepts an issue in fact tendered by the opposite party. Steph. PI. 57, 236. More commonly termed a "simili
Accepting the issue, and mode of trial tendered, either by demurrer, error, or issue, in fact, by the opposite party.
- Joinder of actionsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
This expression signifies the uniting of two or more demands or rights of action in one action ; the statement of more than one cause of action in a declaration.
In proceedings on a writ of error in criminal cases, the joinder of error is a written denial of the errors alleged in the assignment of errors. It answers to a joinder of issue in
The uniting of several distinct charges of crime in the same indictment or prosecution.
The uniting of two or more persons as co-plaintiffs or as co-defendants in one suit.
- Jointdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
United; combined; undivided; done by or against two or more unitedly; shared by or between two or more. A "joint" bond, note, or other obligation is one in which the obligors or ma
- Joint actiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An action in which there are two or more plaintiffs, or two or more defendants
A commercial or maritime enterprise undertaken by several persons jointly; a limited partnership, —not limited in the statutory sense as to the liability of the partners, but as to
In parliamentary practice, a joint ballot is an election or vote by ballot participated in by the members of bath houses of a legislative assembly sitting together as one body, the
A joint committee of a legislative body comprising two chambers is a committee consisting of representatives of each of the two houses, meeting and acting together as one committee
Persons jointly entitled to require satisfaction of the same debt or demand.
Statutes enacted in many of the states, which provide that judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defenda
- Joint debtorsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Persons uhited in a joint liability or indebtedness.
Co-executors; two or more who are joined in the execution of a will.
In English law. A fiat in bankruptcy, issued against two or more trading partners. Fiat justitia, ruat cœlumLet right be done, though the heavens should fall. Fiat prout fieri cons
In old English law. "If a whole vill is to be fined, a joint fine may be laid, and it will be good for the necessity of it; but, in other cases, fines for offenses are to be severa
Co-heirs. The term is also applied to those 'Who are or will be heirs to bath of two designated persons at the death of the survivor of them, the word "joint" being here applied to
- Joint indictmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
When several offenders are joined in the same indictment, such an indictment is called a "joint indictment;" as when principals in the first and second degree, and accessaries befo
This expression is used to designate the duration of an estate or right which is granted to two or more persons to be enjoyed so long as they both (or nil) shall live. As soon as o
Acting together or in concert or co-operation; holding in common or interdependently, not separately. Reclamation Dist. v. Parvln, 67 Cal. 501, 8 Pac. 43; Gold & Stock Tel. Co. v.
Persons who bind themselves "jointly and severally" in a bond or note may ali be sued together for its enforcement, or the creditor may select any one or more as the object of his
Two or more persons who jointly own and hold titla to property, e. g., joint tenants. —-Legal owner. One who is recognized and held responsible by the law as the owner of property,
A woman who has an estate settled on her by her husband, to hold during her ilfe, if she survive him, Co. Litt. 46.
In parliamentary practice, a meeting together and commingling of the two houses of a legislative body, sitting and acting together as one bsdy, instead of separately in their respe
An estate in joint tenancy is an estate in fee-simple, fee-tail, for life, for years, or'at will, arising by purchase or grant to two or more persons. Joint tenants have one and th
- Joint tenantsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
Two 'ot more persons to whom are granted lands or tenements to hold in fee-simple, fee-tail, for life, for years, or at will. 2 Bl. Comm. 179. Persons who own lands by a joint titl
- Joint trespassersdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Two or more who unite in committing a trespass. Kansas City v. File, 60 Kan. i57. 55 Pac. 877; Bonte v. Postel, 109 Ky. 64, 58 S. W. 536. 51 L. R. A. 187
- Jointuredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A freehold estate in lands or tenements secured to the wife, and to take effect on the decease of the husband, and to continue during her life at the least, unless she be herself t
In old English law. Land where rushes grow. Co.. Litt. 5a.
In old practice. Day in court; day to appear in court; appearance day. "Every process gives the defendant a day in court." Hale, Anal. § 8.
In old English law. As much land as could be plowed in one day. Spelman.
A French word, signifying "day." It is used in our old law-books; as "tout jours," forever. —Jour en bane. A day in banc. Distinguished from ")our en pays" (a day in the country.)
A day in banc. Distinguished from ")our en pays" (a day in the country.) otherwise called "jour en nisi pnus."
- Journaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
A daily book; a book in which entries are made or events recorded from day to day. In maritime law, the journal (otherwise called "lug" or "log-book") is a book kept on every vesse
- Journeydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
The original signification of this word was a day's travel. It is now applied to a travel by land from place to place, without restriction of time. But, when thus applied, it is em
In English law. Regrators of yarn. 8 Hen. VI. c. 5.
A workman hired by the day or other given time. Hart v. Aldridge, 1 Cowp. 56; Butler v. Clark, 46 Ga. 468
In English practice. The name of a writ (now obsolete) which might be sued out where a former writ had abated without the plaintiff's fault. The length of time allowed for taking i
Lat. In the civil law. To order, direct or command. Calvin. The word jubeo, (I order,) in a will, was called a "word of direction," as distinguished from "precatory words." Cod. 6,
In Spanish law. The privilege of a public officor to be retired, on account of infirmity or disability, retaining the rank and pay of his office (or part of the same) after twenty
The religion and rites of the Jews. Du Cange. A quarter set apart for residence of Jews. A usurious rate of interest. 1 Mon. Angl. 839; 2 Mon. Angl. 10,665. Sex marcus sterlingorum
Lat. In Roman law. A private person appointed by the prætor, with the consent of the parties, to try and decide a cause or action commenced before him. He received from the prætor
A judge to whom an appeal is taken.