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
A right to ask or recover; for example, in an obligation there is a binding of the obligor, and a jus quœsi-tum in the obligee, 1 Bell, Comm. 323.
The right of recovering [lands.]
In Scotch law. The right of a relict; the right or claim of a relict or widow to her share of her husband's estate, particularly the movables. 2 Kames, Eq. 340; 1 Forb. Inst. pt. 1
The right of representing or standing in the place of another or of being represented by another.
The law of things. The law regulating the rights and powers of persens over things; how property la acquired, enjoyed, and transferred.
Law regards equity. Ch Litt 24b; Broom, Max. 151.
- Jus Scriptumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Roman law. Written law. Inst. 1, 2, 3. An law that was actually committed to writing, whether it had originated by enactment or by custom, in contradistinction to such parte of
In the civll law. A peculiar or individual rule, differing from the jus commune or common rule of right, and established for some special reason. Mackeld. Rom. Law, § 196.
The right of primogeniture, (q. v.)
In old European law. The law of staple; the right of staple A. right or privilege of certain towns of stopping imported merchandise, and compelling it to be offered for sale in the
Strict law; law interpreted without any modification, and in its utmost rigor.
A right growing to a possessor accrues to the successor. Halk. Lat. Max. 76.
Right; in accordance with law and justice "The words 'just' and 'justly' do not always mean 'just' and 'justly' in a moral sense, but they not unfrequently. in their connection wit
In old English law. A certain measure of liquor, being as much as was sufficient to drink at once. Mon. Angl. t. 1, c. 149.
In the civil law. A just cause; a lawful ground; a legal transaction of some kind. Mackeld. Rom. Law, § 283.
Legitimate cause ; legal or lawful ground for action; such reasons as will suffice in law to justify the action taken. State v. Baker, 112 La. 801, 36 South. 703; Claiborne v. Rail
As used in the constitutional provision that private property shall not be taken for public use without "just compensation," this phrase means a full and fair equivalent for the lo
As used in a will or a statute, this term means legal, valid, and incontestable obligations, not including such as are barred by the statute of limitations or voidable at the elect
The right of a third party. A tenant, bailee, etc., who pleads that the title is in some person other than hls landlord, ballor, etc., is said to set up a jus tertii.
Y. B. 4 Hen. VII., 13b. The right of testaments belongs to the ordinary.
- Justicedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
n. In jurisprudence. The constant and perpetual disposition to render every man his due. Inst. 1, 1, pr.; 2 Inst56. See Borden v. State, 11 Ark. 528, 44 Am. Dec. 217; Duncan v. Mag
From the old French u ord "eire," i. e., a journey. Those justices who in ancient times were sent by commission into various counties, to hear more especially such causes as were t
An old general term for all things appertaining to justice.
In American law. A judicial officer of inferior rank holding a court not of record, and having (usually) civil jurisdiction of a limited nature, for the trial of minor cases, to an
The old form of justice. Blount
- Justices' Courtsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Inferior tribunals, not of record, with limited jurisdiction, bath civil and criminni, held by justices of the peace. There are courts so called in many of the states. See Searl v.
In English law. The principal court of the forest, held before the chief justice in eyre, or chief itinerant judge, or his deputy; to hear and determine all trespasses within the f
Rank or office of A justice.
The title given to the ordinary j'udges of the English court of appeal. The first of such ordinary judges are the two former lords justices of appeal in chancery, and one other jud
These justices, or, as they are sometimes calied, "justices of nisi prius," are judges of the superior English courts, who go on circuit into the various counties of England and Wa
Those justices who are sent with a commission to hear and determine ali causes appertaining to persons, who, for any offense, have been cast into gaol. Part of their authority was
In old English law. Justices appointed to redress the finwardness of laboring men, who would either be idle or have unreasonable wages. Blount.
In English law. This title is now usually coupled with that of justices of assize; the judges of the superior courts acting on their circuits in both these capacities. 3 Bl. Comm.
Certain persons appointed by the king's commission, among whom were usually two judges of the courts at Westminster, and who went twice in every year to every county of the kingdom
The justices of the court of common bench or common pleas.
In old English law. Officers who had jurisdiction over all offenses committed within the forest against vert or venison. The court wherein these justices sat and determined such ca
See Quorum.
Proper to be examined In courts of justice.
- Justiciardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
In old English law. A judge or justice. One of several persons learned in the law, who sat in the aula regis, and formed a kind of court of appeal in cases of difficulty. —High jns
In English law. Justices in eyre, who formerly went from county to county to administer justice. They were so called to distinguish them from justices residing at Westminister, who
In English law. Justices or judges who usually resided in Westminister. They were so called to distinguish them from justices in eyre. Co. Litt. 293.
An old name for a judge or justice. The word is formed on the analogy of the Latin "justiciarius" and French "justicier."
The chief criminal court of Scotland, consisting of five lords of session, added to the justice general and justice clerk; of whom the justice general, and, in his absence, the jus
In English law. A writ directed to the sheriff, empowering him, for the sake of dispatch, to try an action in his county court for a larger amount than he has the ordinary power to
Rightful; warranted or sanctioned by law; that which can be shown to be sustained by law; as justifiable homicide. See Homicide.
- Justifiable homicidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Such as is committed intentionally, but without any evil design, and under such circumstances of necessity or duty as render the act proper, and relieve the party from any shadow o
- Justificationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
A maintaining or showing a sufficient reason in court why the defendant did what he is called upon to answer, particularly in an action of libel. A defense of justification is a de
A kind of compurgators, (q. v.,) or those who by oath justified the innocence or oaths of others; as in the case of wager of law.
Consists in proving the sufficiency of bail or sureties in point of property, etc. The production of ball in court, who there Justify themselves against the exception of the plaint
A civllian; one who studies the civll law.
Judicature; prerogative.
Lat. Justice, A Jurisdiction or the offico of a judge. —Jnstitia piepondrons. Speedy justice. Bract. 333b.
- Justitia dehet esse lihera, quia nihil iniquius venali jnstitia; plena, quia justitia non debet claudicare; et celeris, quia dilatio est quædam negatiodefined inBlack's (1910)
Justice ought to be free, because nothing is more iniquitous than venui justice; full, because justice ought not to halt; and speedy, because delay is a kind of denial. 2 Inst. 56.
Justico is a bteady and unceasing disposition to render to every man his due, Inst. 1, 1, prit Dig. 1, 1, 10.
3 Inst Epll. Justice ls double; punishing severely, and truly preventing.
4 Inst. 58. Justice is ex-collent virtue and pleasing to the Most High.
3 Inst 140. By justice the throne is established.
Jenk. Cent 178. Justice is to be denied to none.
Jenk. Cent 93. Justice is neither to be denied nor delayed.
Justice knows not father nor mother; justice looks at truth alone1 Bulst 199.
Lat. In the civll law. A suspension or intermission of the administration of justice in courts; vacation time. Calvin.
In Spanish law. The name anciently given to a high judicial magistrate or supreme judge, who was the ultimate interpreter of the laws, and possessed other high powers.
- Jus Tripertitumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Roman law. A name applied to the Roman law of wills, in the time of Justinian, on acoount of its threefold derivation, viz., from the prœ-torian edict, from the civil law, and f
- Jus triplex est,—proprietatis, possessionis, et possibilitatisdefined inBallentine's (1916)Black's (1910)
Right is threefold,—of property, of possession, and of possibility.
In Roman law. A right or privilege allowed to the parent of three or more children. 2 Kent, Comm. 85; 2 Bl. Comm. 247. These privileges were an exemption from the trouble of guardi
Exercises between martial men and persens of honor, with spears, on horseback; different from tournaments, which were military exercises between many men in troops. 24 Hen. VIII. c
- Justum non est aliquem antenatum mortnnm faeere bastardum, qui pro tota vita sna pro legitimo habeturdefined inBlack's (1910)
It is not just to make a bastard after his death one elder born who all his life has been accounted legitimate. 8 Coke, 101.
In taxation, the fair, honest, and reasonable value of property, without exaggeration or depreciation; its actual market value. State v. Smith, 158 Ind. 543. 63 N. E. 214, 03 L R.
The right to use property without destroying its substance. It is employed in contradistinction to the jus abutendi. 3 Toullier, no. 86.
- Jus Venandi Et Piscandidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The right of hunting and fishing.
Ellesm. Postn. 35. The law dispenses what use has approved.
Lat Near; following; according to. —Juxta conventionem. According to the covenant. Fleta, lib. 4, c. 16, § 6. —Juxta formam statuti. According to the form of the statute. —Juxta ra
According to the covenant. Fleta, lib. 4, c. 16, § 6.
According to the form of the statute.
At or after the rate. Dyer, 82.
According to the tenor following. 2 Salk. 417. A phrase used in the old books when the very words themselves referred to were set forth. Id.; 1 Ld. Raym. 415.
In Spanish law. The judiciary; the body of judges; the Judges who concur in a decree.
A person who, in oriental states, supplies the place of our notary public. All obligations, to be valid, are drawn by him; and he is also the public weigh-master, and everything of
In Hindu law. A written agreement, especially one signifying assent, as the counterpart of a revenue lease or the document in which a payer of revenue, whether to the government, t
A key, kay or quay. Spelman.
A wharfage-dun.
In Scotch law. Poultry render-able by a vassal to hls superior, reserved in the lease as the whole or a part of the rent Bell.
A duty paid by shopkeepers in Hindostan, who retail spirituous liquors; also the place where spirituous liquors are sold. Wharton.
In English ecolesiastical law. Rural chapters or conventions of the rural deans and parochial clergy, which were formerly held on the calends of every month; hence the name. Paroch
An account of time, exhibiting the days of the week and month, the seasons, etc. More commonly spelled "calendar."
In the civil law. A calendar; a book of accounts, memorandum-book or debt-book; a book in which accounts were kept of moneys loaned out on interest. Dig. 32, 64. So called because
See Calends.
In Saxon and old English law A man; a serving man. Buskarl, a seaman. Euskarl, a house servant. Spelman.
In old records. A cart-load. Cowell; Blount
In Swedish law. Jettison; a literal translation of the Latin "jactus." —Kast-geld. Contribution for a jettison; average.
Contribution for a jettison; average.
See INSANITY.
A quay or key.
A Mohammedan judge or magistrate in the East Indies, appointed originally by the court at Delhi, to administer justice according to their written law. Under the British authorities
An abbreviation for "King's Bench," (g. v.)
An abbreviation for "King's Counsel."
- Keelagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
The right to demand money for the privilege of anchoring a vessel in a harbor; also the money se paid.
- Keelsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
This word is applied, in England, to vessels employed in the carriage of coals. Jacob.
- Keepdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
n. A strong tower or hold in the middle of any eastle or fortification, wherein the besieged make their last efforts of defense, was formerly, In England, called a "keep;" and the
A custodian, manager or superintendent; one who has the care, custody or management of any thing or place. Schultz v. State, 32 Ohio St 281; State v. Rozum, 8 N. D. 548, 80 N. W. 4