Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 22,662 terms defined in Black's Law Dictionary. Browse all dictionaries
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.
A brook, gutter or water-passage. Cowell.
The making of one thing in the similitude or likeness of another; as, counterfeit coin is said to be made "in imitation" of the genuine. An imitation of a trade-mark is tbat which
- 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. —Immaterial averment, An averment ni-leging with needless particularity or unnecessary circumstances
- 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, a point not proper to decide the action. Steph. Pi. 99, 130 ; 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
The last of a series or chain of causes tending to a given result, and which, of itself, and without the intervention of any further cause, directly produces the result or event. A
See Descent.
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.
- Immemorialdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
Beyond human memory; time out of mind. —Immemorial possession. In Louisiana. Possession of which no man living has seen the beginning, and the existence of which he has learned fro
In Louisiana. Possession of which no man living has seen the beginning, and the existence of which he has learned from his elders. Civ. Code La. art. 762
A practice which has existed time out of mind; custom; prescription. Miller v. Garlock, 8 Barb. (N. Y.) 154.
Fr. These are, in French law, the immovables of English law. Things are immeubles from any one of three causes: (1) From their own nature, e. p., lands and houses; (2) from their d
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.
In relation to homicide in self-defense, this term means immediate danger, such as must be instantly met, such as cannot be guarded against by calling for the assistance of others
Lat In the civil law. To mix or mingle with; to meddle with; to join with. Calvin.
Lat. In the civil law. To put or let into, as a beam into a wall. Calvin; Dig. 50, 17, 242, 1. In old English law. To put cattle on a common. Fleta, lib. 4, C. 20, § 7.
Immovable things follow their site or position; are governed by the law of the place where they are fixed. 2 Kent, Comm. 67.
Lat. Immovable. Immobilia or res immobiles, immovable things, such as lands and buildings. Mackeld. Rom. Law, § 160.
Contrary to good morals; inconsistent with the rules and principles of morality which regard men as living in a community, and which are necessary for the public welfare, order, an
One contrary to good morals, and therefore invalid. Co.ntracts based upon an immoral consideration are generally void.
Contracts founded upon considerations contra bonot more are void.
That which ls contra bonos mores. See Immoral.
- Immovablesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In the civil law. Property which, from its nature, destination or the object to which it is applied, cannot move itself 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. Long v. Converse, 91 U. S. 113, 23 L. Ed. 233 ; Ex parte Lev
To weaken, diminish or relax or otherwise affect in an injurious manner. Davey v. Ætna L. Ins. Co. (C. C.) 20 Fed. 482; State v. Carew, 13 Rich. Law (S. Ct) 541, 91 Am. Dec. 245; S
For the meaning of this phrase in the constitution of the United States, see 2 Story, Const. §§ 1374-1399; 1 Kent, Comm. 413-422; Pom. Const. Law; Black, Const. Law (3d Ed) p. 720
- Impaneldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
In English practice. To impanel a jury signifies the entering by the sheriff upon a piece of parchment, termed a "panel," the names of the jurors who have bcen summoned to appear i
In old English law. To impound. Reg. Orig. 92 b. To shut up or confine in prison. Inducti sunt in carcerem et imparcati, they were carried to prison and shut up. Bract fol. 124.
The right of impounding cattle.
To have license to settle a litigation amicably; to obtain delay for adjustment.
- Imparlancedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
In early practice, imparlance meant time given to either of the parties to an action to answer the pleading of the other. It thus amounted to a continuance of the action to a furth
- Imparsoneedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
L. Fr. In ecclesiastical law. One who is inducted and in possession of a benefice. Parson imparsonee, (persona impersonata.) Cowell; Dyer,'40.
In ecclesiastical law. The act of putting into full possession of a benefice.
To accuse; to charge a liability upon ; to sue. To dispute, disparage, deny, or contradict; as, to impeach a judgment or decree; or as used in the rule that a jury cannot "impeach
- Impeachmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A criminal proceeding agfiinst a public officer, before a quasi political court, instituted by a written accusation called "articles of impeachment;" for example, a written accusat
A term sometimes used in English law to denote anything that operates as a hindrance, impediment or obstruction of the making of the profits out of which the annuity is to arise. P