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
The deceiving of one person does not afford an action to another. Dig. 50, 17, 49.
A usage among diplomatists ,by which the rank and places of different powers, who have the same right and pretensions to precedence, are changed from time to time, either in a cert
One by which the testator gives one of two or more things without designating which.
L. Lat. Interchangeably. Litt § 371; Townsh. PI. 37.
- Alternativedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
One or the other of two things ; giving an option or choice; allowing a choice between two or more things or acts to be done. —Alternative contract. A contract whose terms allow of
A contract whose terms allow of performance by the doing of either one of several acts at the election of the party from whom performance is due. Crane v. Peer, 43 N.id. Eq. 553, 4
An obligation allowing the obligor to choose which of two things he will do, the performance of either of which will satisfy the instrument. Where the things which form the obj'ect
Where a new remedy is created ig addition to an existing one, they are called "alternative" if only one can be enforced ; but if both, "cumulative."
A writ commanding the person against whom it is issued to do a specified thing, or show cause to the court why he should not be compelled to do it. Allee v. McCoy, 2 Marv. (Del.) 4
- Alternis Vicibusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Lat. By alternate turns; at alternate times; alternately. Co Litt. 4a; Shep. Touch. 206.
Not to Injure another. This maxim, and two others, honeste vivere, and suum cuique tribuere, (qv.,) are considered by Justinian as fundamental principles upon which all the rules o
In the Civil law. A servitude due by the owner of a house, by which he is restrained from building beyond a certain height. Dig 8, 2, 4; Sandars, Just. Inst. 119.
In the civil law. A servitude which consists in the right, to him who is entitled to it, to build his house as high as he may think proper. In general, however, every one enjoys th
- Alto Et Bassodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
High and low. This phrase is applied to an agreement made between two contending parties to submit all matters In dispute, alto et basso, to arbitration. Cowell.
- Altum Maredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
L. Lat In old English law. The high sea or seas. Co. Litt. 260b. The deep sea. Super altum mare, on the high seas. Hob. 212 o.
A child which one has nursed ; a foster-child. Dig. 40, 2, 14. One educated at a college or seminary is called an "alumnus" thereof.
The bed or channel through which the stream flows when It runs within its ordinary channel. Calvin.
A deserted channel. Mackeld. Rom. Law, § 274.
A term applied In England to the merger or consolidation of two incorporated companies or societies. In the case of the Empire Assurance Corporation. (1867,) L. It. 4 Eq. 347, the
A collection of sea-laws, compiled about the end of the eleventh century, by the people of Amalphi. It consists of the laws on maritime subjects, which were or had been in force in
One who writes on behalf of another that which he dictates.
- Ambactusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A messenger; a servant sent about; one whose services his master hired out. Spelman.
A person sent about In the servico of another; a person sent on a service. A word of frequent occurrence in the writers of the middle ages. Spelman.
In international law. A public officer, clothed with high diplomatic powers, commissioned by a sovereign prince or state to transact the international business of his government at
In old English law. A measure of four bushels.
- Ambidexterdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Skillfui with both hands; one who plays on both sides. Applied anciently to an attorney who took pay from both sides, and subsequently to a juror gullty of the same offense. Cowell
An ambiguous answer is to be taken against (is not to be construed in favor of) him who offers it. 10 Coke, 59.
In doubtful cases, the presumption always is in behalf of the crown. Lofft/ Append. 248.
- Ambiguitasdefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat From ambiguus, doubtful, uncertain, obscure. Ambiguity; uncertainty of meaning.
A latent ambiguity; ambiguitas patens, a patent ambiguity. See Ambiguity.
- Ambiguitas veborum latens verificatione suppletur; nam quod ex facto oritur ambignnm verificatione facti tolliturdefined inBlack's (1910)
A latent ambiguity in the language may be removed by evidence; for whatever ambiguity arises from an extrinsic fact may be explained by extrinsic evidence. Ban. Max. Reg. 23„
A patent ambiguity cannot be cleared up by extrinsic evident. Lofft, 249.
- Ambiguitydefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Burrill (1850)
Doubtfulness; doubleness of meaning; indistinctness or uncertainty of meaning of an expression used in a written instrument. Nindle v. State Bank, 13 Neb. 245, 13 N. W. 275; Ellmak
An ambiguity in relation to the very foundation of the instrument itself, as distinguished from an ambiguity in regard to the construction of its terms. The term is applied, for in
An ambiguous contract is to be interpreted against the seller.
An ambiguous plea ought to be interpreted against the party pleading it. Co. Litt. 303b.
- Ambitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A boundary line, as going around a place; an exterior or inclosing line or limit. The limits or circumference of a power or jurisdiction; the line circumscribing any subject-matter
In the Roman law. A going around; a path worn by going around. A space of at least two and a half feet in width, between neighboring houses, left for the convenience of going aroun
The will of a deceased person ls ambulatory until the latest moment of life. Dig. 34, 4, 4.
Movable; revocable; subject to change. Ambulatoria voluntas (a changeable will) denotes the power which a testator possesses of altering his will during his llfe-time. Hattersley v
A changeable will (ambulatoria voluntas), the phrase denoting the power which a testator possesses of altering his will during his life-time. See Hattersiey v. Bis-sett, 50 N. J. E
The noun "ambush" means (1) the act of attacking an enemy unexpectedly from a concealed station; (2) a concealed station, where troops or enemies lie in wait to attack by surprise,
(Lat. ego, It) A term denoting direct tenure of the superior lord. 2 Beli, H. I. Sc. 133. Unjustly detaining from me. He is said to withhold a me (from me) who has obtained possess
- Ameliorationsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Betterments; improvements. 6 Low. Can. 294; 9 Id. 503.
- Amenabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Subject to answer to the Jaw; accountable; responsible; liable to pun-lshment. Miller v. Com., 1 Duv. (Ky.) 17. Also means tractable, that may be easily led or governed: formerly a
To improve; to make better by change or modification. See Alter.
- Amende Honorabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In old English law. A penalty imposed upon a person by way of disgrace or infamy, as a punishment for any offense or for the purpose of making reparation for any injury done to ano
- Amendmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In practice. The correction of an error committed in any process, pleading or proceeding at law or in equity, and which is done either of course or by the consent of parties or upo
- Amendsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A satisfaction given by a wrong-doer to the party injured, for a wrong committed. 1 Lil. Reg. 81.
In real property law. Such circumstances, in regard to situation, outlook, access to a water-course or the like, as enhance the pleasantness or desirability of an estate for purpos
- A Mensa Et Thorodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
From bed and board. Descriptive of a limited divorce or separation by judicial sentence.
In medical jurisprudence. Insanity; idiocy. See Insanity.
L. Lat. A naval commander, under the eastern Roman empire, but not of the highest rank; the origin, according to Spelman, of the modem title and office of admiral. Spelman.
To impose an amercement or fine; to punish by a fine or penalty.
- Amercementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A pecuniary penalty, in the nature of a fine, imposed upon a person for some fault or misconduct, he being "in mercy" for his offense. It was assessed by the peers of the delinquen
In marine insurance. A proviso in a policy to the effect that, in case of any subsequent insurance. the Insurer shall nevertheless be answerable for the fuil extent of the sum subs
In French law. A species of agreement which by a fiction gives to immovable goods the quality of movable, Merl. Repert.; 1 Low. Can. 25, 58.
A friend; as alien ami, an alien belonging to a nation at peace with us; prochein ami, a next friend suing or defending for an infant, married woman, etc.
Friendly; mutually forbearing ; agreed or assented to by parties having conflicting interests or a dispute; as opposed to hostile or adversary. —Amicable action. In practice. An ac
- Amicable actiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In practice. An action between friendly parties. An action brought and carried on by the mutual consent and arrangement of the parties, in order to obtain the judgment of the court
In Louisiana law and practice. "There are two Boris of arbitrators, —the arbitrators properly so called, and the amicable compounders. The arbitrators ought-to determine as judges,
The words "arbitration" and "amicable lawsuit," used in an obligation or agreement between parlies, are not convertible terms. The former carries with it the idea of settlement by
Lat. A friend of the court A by-stander (usually a counsellor) who interposes and volunteers information upon seme matter of law in regard to which the judge is doubtful or mistake
Fr. In French maritime law. Admiral. Ord. de la Mar. liv. 1, tit. 1, § 1.
Lat A paternal aunt An aunt on the father's side. Amita magna. A great-aunt on the father's side. Amifa major. A great-great aunt on the father's side. Amita maxima. A great-great-
The child of a brother or sister; a cpusin; one who has the same grandfather, but different father and mother. Calvin.
Lat In the civll and old English law. To lose. Hence the old Scotch "amitt." —Amittere curiam. To lose the court; to be deprived of the privilege of attending the court. —Amittere
To lose the court; to be deprived of the privilege of attending the court.
To lose the protection afforded by the law of the land.
- Amittere liberam legemdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
To lose one's frank-1 aw. A term having the same meaning as amittere legem terns, (q. v.) He who lost hie law lost the protection extended by the law to a freeman, and became subje
- Amnestydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A severeign act of pardon and oblivion for past acts, granted by a government to all persons (or to certain persons) who have been guilty of crime or delict, generally political of
Intermingled with. "A thing which is among others is intermingled with them. Commerce among the states cannot stop at the external boubdary line of each state, but may ba introduce
- Amortizationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
An alienation of lands or tenements in mortmain. The reduction of the property of lands or tenements to mortmain. In its modern sense, amortization is the operation of paying off b
To alien lands in mortmain.
In the civil law. A moving or inking away. "The slightest amotio is sufficient to constitute theft, if the animus furandi be clearly established." 1 Swlnt 205
- Amotiondefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
A putting or turning out; dispossession of lands. Ouster Is an amotion of possession. 3 Bl. Cofnm. 199, 208. A moving or carrying away; the wrongful taking of personal chattels. Ar
The effect, substance or result; the total or aggregate sum. Hilbum v. Railroad Co., 23 Mont 229, 58 Pac. 551; Connelly v. Telegraph Co., 100 Va. 51, 40 S. E. 618, 56 In R. A. 663,
In insurance. The amount that is insured, and for which underwriters are liable for loss under a policy of insurance.
The damages claimed or relief demanded; the amount claimed or sued for. Smith v. Giles, 65 Tex. 341; Barber v. Kennedy, 18 Minn. 216, (Gil. 196;) Railroad Co., v. Cunnigan, 95 Tex.
In insurance. The dimiuution. destruction, or defeat of the value of, or of the charge upon, the insured subject to the assured, by the direct consequence of the operation of the r
Lat. That you remove your hands. After office found, the king was entitled to the things forfeited, either lands or personal property; the remedy for a person aggrieved was by "pet
In Spanish-American law. A document issued to a claimant of land as a protection to him, until a survey can be ordered, and the title of possession issued by an authorized commissi
- Ampliationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
In the civil law. A deferring of judgment until a cause be further examined. Calvin.; Cowell. An order for the rehearing of a cause on a day appointed, for the sake of more ample i
In the Roman law. More; further; more time. A word which the prætor pronounced in cases where there was any obscurity in a cause, and the judices were uncertain whether to condemn
An ancient punishment for a blow given in a superior court; or for assaulting a judge sitting in the court
See Ami; Prochein Amt.
The English indefinite article. In statutes and other legal documents, it is equivalent to "one" or "any;" is seldom used to denote plurality. Kaufman v. Superior Court, 115 Cal. 1
In the civil law. An investigation of truth, interrogation of witnesses, and inquiry made into any fact, especially by torture.
A register, inventory or commentary.
- Analogydefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
In logic. Identity or similarity of proportion. Where there is no, precedent in point, in cases on the same subject, lawyers have recourse to cases on a different subject-matter, b
In medical jurisprudence. Impotentia coeundi; frigidity; incapacity for sexual intercourse existing in either man or woman, and in the latter case sometimes called "dyspareunia."
One who professes and advocates the doctrines of anarchy, g. v. And see Cerveny v. Chicago Daily News Co., 139 III. 345, 28 N. E. 692, 13 In R. A. 864; United States v. Williams, 1
- Anarchydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
The destruction of government; lawlessness; the absence of all political government; by extension, confusion in government. See Spies v. People, 122 III. 1, 253, 12 N. E. 865, 3 Am
An ecclesiastical punishment by which a person is separated from the body of the church, and forbidden all intercourse with the members of the same.
To pronounce anathema upon; to pronounco accursed by ecclesiastical authority; to excommunicate.
From birth or from infancy. Denotes that a disability, status, etc., is congenital.
- Anatocismdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In the civil law. Repeated or doubled interest; compound interest; usury. Cod. 4, 32, 1, 30.
- Ancestordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
One who has preceded another in a direct line of descent; a lineal ascendant. A former possessor; the person last seised. Termes de la Ley; 2 Bl. Comm. 201. A deceased person from
- Ancestraldefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Relating to ancestors or to what has been done by them; as homage ancestrel. Derived from ancestors. Ancestral estates are such as are transmitted by descent, and not by purchase.
A measure containing ten gallons.