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 his enim quae sunt favorabilia animae, quamvis snnt damnosa rebus, fiat aliquando extentio statutidefined inBlack's (1910)
In things that are favorable to the spirit, though injurious to property, an extension of the statute should sometimes be made. 10 Coke, 10L
- In his quæ de jure communi omnibus conceduntur, consuetndo alicujus patriae vel loci non est allegendadefined inBlack's (1910)
11 Coke, 85. In those things which by common right are conceded to all, the custom of a particular district or place is not to be alleged.
In old records. A nook or corner of a common or fallow field, inclosed and cultivated. Kennett, Par. Antiq. 297, 298; Cowell.
In this; in respect to this.
In old English law. Unseemly; not in due order. Fleta, lib. 1, c. 31, § &
2 Inst. 442. Penal actions arising from anything of a criminal nature do not pass to heirs.
In the law of divorce. Such barbarous cruelty or severity as endangers the Ilfe or health of the party to whom it is addressed, or creates a well-fuimded apprehension of such dange
In the same terms. 9 East, 487.
In the distinct, Identical or Individual form; in specie. Story, Bailm. § 97.
Infinitely; indefinitely. Imports indefinite succession or continuance.
In the preliminaries. A term in Scotch practice, applied to the preliminary examination of a witness as to the following points: Whether he knows the parties or bears ill will to e
In or at the beginning. In initio litis, at the beginning or In the first stage of the suit. Bract, fol. 400.
To the original or former state. Calvin.
To excite a prejudice.
Against an unwilling party; against one not assenting. A term applied to proceedings against an adverse party, to which he does not consent.
In the very throat or entrance. 7n ipsis fauciius of a port, actually entering a port. 1 C. Rob. Adm. 233, 234.
The most unjust peace is to be preferred to the justest war. Root v. Stuyvesant, 18 Wend. (N. Y.) 257, 305.
In Scotch practice. A technical expression applied to the decision of an inferior judge who has decided contrary to law; he is said to have committed iniquity. Bell.
It is inequitable to permit some to trade and to prohibit others. 3 Inst. 18L
It is wrong for a man to be a judge in his own cause. Branch, Princ.; 12 Coke, 113.
It is unjust that freemen should not have the free disposal of their own property. Co. Litt. 223a; 4 Kent, Comm. 131; Hob. 87.
That which begins or stands at the beginning. The first letter of a man's name. See Elbsrson v. Richards, 42 N. J. Law, 70. —Initial carrier. In the law of bailments. The carrier w
In the law of bailments. The carrier who first receives the goods and begins the process of their transportation, afterwanis delivering them to another carrier for the further pros
In Scotch law. Preliminaries of testimony. The preliminary examination of a witness, beforfe examining him in chief, answering to the voir dire of the English law, though taking a
- Initiatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
Commenced; inchoate. Curtesy initiate is the interest which a husband has in the wife's lands after a chlld is born who may inherit, but before the wife dies.
- Initiativedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In French law. The name given to the important prerogative conferred by the charte constitutionnelle, article 16, on the late king to propose through his ministers projects of laws
In eyre; on a journey or circuit. In old English law, the justices in itinere (or in eyre) were those who made a circuit through the kingdom once in seven years for the purposes of
In a court of justice; In a seat of judgment. Lord Hale is called "one of the greatest and best men who ever sat in judgment" 1 East, 306.
In courts or judicial proceedings, infancy is aided or favored. Jenk. Cent 46, case 89.
In Roman law. In the course of an actual trial; before a judge, (judex.) A cause, during its preparatory stages, conducted before the prætor, was said to be in jure; in its second
Cro. Car. 64. In a trial, credence is given only to those who are sworn.
- Injunctiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action or to a party made/a defendant for that purpose, for
In law; according to law. In the Roman practice, the procedure in an action was divided into two stages. The first was said to be in jure; it took place before the prætor, and incl
In another's right. Hale, Anal. § 26.
Bac. Max. reg. 1. In law, the proximate, and not the remote, cause is regarded.
In one's own right. Hale, Anal. § 26.
Fr. In French law. Grievous insults or injuries, including personal insults and reproachful language, constituting a just cause of divorce. Butler v. Butler, 1 Pars. Eq. Cas. (Pa.)
Lat. Injury; wrong; the privation or violation of right. 3 Bl. Comm. 2. —Injuria absque damno. Injury or wrong without damage. A wrong done, but from which no loss or damage result
Injury or wrong without damage. A wrong done, but from which no loss or damage results, and which, therefore, will not sustnin an action.
An injury is done to him of whom a reproachful thing is said, or concerning whom an infamous song is made. 9 Coke, 60.
- Injuria illata jndici, sen locum tenenti regis, videtur ipsi regi illata maxime si fiat in exercentem officiumdefined inBlack's (1910)
3 Inst. 1. An injury offered to a judge, or person representing the king, is considered as offered to the king himself, especially lf it be done in the exercise of his office.
One wrong does not justify another. Broom, Max. 395. See 6 EL & Bl. 47.
Injury is not presumed. Co.. Litt. 232. Cruel, oppressive or tortuous conduct will not be presumed. Best Ev. p. 336, § 298.
One's own wrong shall not fall to the advantage of him that does it. A man will not be allowed to derive benefit from his own wrongful act. Branch, Princ.
The master is liable for injury done by his servant. Lofft, 229.
In Louisiana. Slander or libelous words. Civil Code La. art. 3501.
- Injurydefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Any wrong or damage done to another, either in his person, rights, reputation or property. Parker v. Griswold, 17 Conn. 298, 42 Am. Dec. 739; Woodruff v. Mining Co., 18 Fed. 781; H
The withholding or denial of justice. In law, almost invariably applied to the act, fault or omission of a court, as distinguished from that of an individual. See Holton v. Olcott,
- Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita judicare vel responderedefined inBallentine's (1916)Black's (1910)
8 Coke, 117b. It is unjust to decide or respond as to any particular part of a law without examining the whole of the law.
To call, cite or summon to court. Inst. 4, 16, 3; Calvin. In jus vocando, summoning to court. 3 Bl. Comm. 279.
In the same kind, class or genus. A loan is returned "in kind" when not the identical article, but one corresponding and equivalent to it, is given to the lender. See In Genere.
- Inlagaredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In old English law. To restore to protection of law. To restore a man from the condition of outlawry. Opposed to utlagare. Bract. lib. 3, fr. 2, c. 14, { 1; Du Cange.
Restoration to the protection of law. Restoration from a condition of outlawry
A person within the law's protection ; contrary to utlagh, an outlaw. Cowell.
Within a country, state or territory; within the same country. In old English law, inland was used for the demesne (q. vt) of a manor; that part which lay next or most convenient f
A bill of which both the drawer and drawee reside within the same state or country. Otherwise called a "domestic bili," and distinguished from a "foreign bill." Buckner v. Finley,
Within the meaning of the legislation of congress upon the subject, this phrase means navigation upon the rivers of the country, but not upon the great lakes. Moore v. American Tra
Trade wholly carried on at home; as distinguished from commerce,(which see.)
See Inland.
Demesne or inland, opposed to delantal or land tenanted. Cowell.
Sax. In old English law. Under the law, (sub lege,) in a frank-pledge or decennary. Bract foL 125 b.
To place under the protection of the law. "Swcaring obedience to the king In a leet, which doth inlaw the subject" Bacon.
IU the intendment, contemplation or inference of the law; implied or inferred by law; existing in law or by force of law. See In Fact.
In old English law. Entangled or ensnared. 2 Inst 247; Cowell; Blount
On the deathbed. Fleta, lib. 5, c. 28, § 12.
In old European law. To confederate; to join in a league, (in ligam coire.) Spelman.
On or at the threshold; at the very beginning; preliminarily.
For a suit; to the suit. Greenl. Ev. § 348.
In place; in lieu; instead; in the place or stead. Townsh. PI. 38.
In the place of a parent; instead of a parent; charged, factitiously, with a parent's rights, duties, and responsibllities. Wetherby v. Dixon, 19 Ves. 412; Brinkerhoff v. Merselis,
For greater security. 1 Strange, 105, arg.
In a bad sense, se as to wear an evil appearance.
In evil deeds regard must be had to the intention, and not to the result. Dig. 48, 8, 14; Broom, Max. 324.
In a case of malfeasance, ratification is equivalent to command. Dig. 50, 17, 152, 2.
- Inmatedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
A person who lodges or dwelis in the same house with another, occupying different looms, but using the same door for passing ia and out of the house. Webster; Jacob.
In the greatest power there is the least freedom. Hob. 159.
Into the heart of the subject, without preface or introduction.
Intermediate. A term applied, in Scotch practice, to a fund held between parties litigant.
There should be no commerce in illicit or prohibited goods. 3 Kent, Comm. 262, note.
To be in mercy is to be at the discretion of the king, lord or judge in respect to the imposition of a fine or other punishment.
The entry on the record where a party was in mercy was, "Ideo in misericordia," etc. Sometimes "misericordia" means the being quit of all amercements.
In the milder sense; in the less aggravated acceptation. In actions of slander, it was formerly the rule that, if the words alleged would admit of two constructions, they should be
In the manner or form of an assise. Bract, fol. 183b. In modum juratœ, in manner of a jury. Id. foL 181b.
In default; literally, in delay. In the civll law, a borrower who omits or refuses to return the thing loaned at the proper time is said to be in mora. Story, Bailm. §§ 254, 259. I
Property owned by religious societies was said to be held in mortua manu or in mortmain, since religious men were civiliter mortui. 1 Bl. Comm. 479; Tayl. Gloss.
- Inndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
An inn is a house where a traveler is furnished with everything which he has occasion for while on his way. Thompson v. Lacy, 3 Barn. & Aid. 287; Wintermute v. Clark, 5 Sandf. (N.
In old English law. A pledge.
In insurance law. The condition of being innavigable, (q. v.) The foreign writers distinguish "innavigability" from "shipwreck." 3 Kent, Comm. 323, and note.. The term is also appl
- Innavigabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
As applied to streams, not capable of or suitable for navigation; impassable by ships or vessels. As applied to vessels in the law of marine insurance, it means unfit for navigatio
A serjeant or king's counsel, in England, who is admitted to plead within the bar.
The name given to the chambers in which the first and second divisions of the court of session in Scotland hold their sittings. See Outer House.
See those titles.
- Inningsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In old records. Lands recovered from the sea by draining and banking. Cow(ell.
- Innkeeperdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
On who keeps an inn or house for the lodging and entertainment of travelers. The keeper of a common inn for the lodging and entertainment of travelers and passengers, their horses
Free from guilt; acting In good faith and without knowledge of incriminatory circumstances or of defects or objections. —Innocent agent. In criminal law. One who, being ignorant of
In criminal law. One who, being ignorant of any uniawful intent on the part of his principal, is merely the instrument of the guilty party in committing an offense; one who does an
A technical term of the English law of conveyancing, used to designate such conveyances as may be made by a leasehold tenant without working a forfeiture. These are said to dc leas
See INNOCENT.
In the civil law. Not named or classed; belonging to no specific class; ranking under a general head. A term applied to those contracts for which no certain or precise remedy was a
the "unclassified" contracts of Roman law. They are contracts which are neither re, verbis, Uteris, nor consensu simply, but some mixture of or variation upon two or more of such c