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
- Lex Falcidiadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The Falcidian law; a law passed on the motion of the tribune P. Falcidius, A. U. C. 713, forbidding a testator to give more in legacies than three-fourths of all his estate, or, in
Jenk. Cent 50. The law favors dower.
11 Coke, 90. The law makes use of a fiction where equity subsists.
The law of the forum, or court: that is, the positive law of the state, country, or jurisdiction of whose judicial system the court where the suit is brought or remedy sought is an
The law of the Franks ; promulgated by Theodoric I., son of Clovis I., at the same time with the law of the Alemanni and Bavarians. Spelman. This was a different collection from th
The law of the Frisians, promulgated about the middle of the eighth century. Spelman.
The Furian Caninian ' law; a law passed in the consulship of P. Furius Camillus and C. Caninius Gallus, A. U. G. 752, prohibiting masters from manumitting by will more than a certa
A law which entirely forbade the charging or taking of interest for the use of money among Roman citizens', but which was usually and easily evaded, as it did not declare an agreem
The Gothic law, or law of the Goths. First promulgated in writing, A. D. 466. Spelman.
An important constitutional statute, taking its name from the consul who secured its enactment, to the effect that ali decrees passed in the meetings of the plebians should be laws
A Roman law, which provided that a prosecution for theft might be carried on without the owner's intervention. 4 Steph. Comm. (7th Ed.) 118.
The Imperial or Roman law. Quoted under this name, by Fleta, lib. 1, c. 38, § 15; Id. lib. 3, c. 10, § 3.
The law intends [or presumes] that one neighbor knows what another neighbor does. Co. Litt 78b.
The law judges of things which must necessarily be done as if actually done. Branch, Princ.
An ordeal
Several statutes bore this name, being distinguished by the addition of words descriptive of their subject matter. The "lex Julia de adultenis" related to marriage, dower, and kind
The Julian law of majesty; a law promulgated by Julius Cæsar, and agnin published with additions by Augustus, comprehending all the laws before enacted to punish transgressors agai
The law of the place. This may be of the following several descriptions: Lex loci contractus, the law of the place where the contract was made or to be performed ; lex loci actus,
The law of the place of the contract. The local law which governs as to the nature, construction, and validity of a contract. See Pritchard v. Norton, 106 U. S. 124 , 1 Sup. Ct. 10
The law of the place where the crime took place.
The law of the place where a thing is situated. "It is equally settled in the law of ali civilized countries that real property, as to its tenure, mode of enjoyment, transfer, and
- Lex loci solutionisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The law of the place of solution ; the law of the place where payment or performance of a contract is to ba made.
The law of the Lombards. The name of an ancient code of laws among that people, framed, probably, between the fifth and eighth centuries. It continued in force after the incorporat
Manifest or open law; the trial by del or ordeal. The same with lex apparens, (q. v.) In King John's charter (chapter 38) and the articles of that charter (chapter 28) the word "ma
The law-merchant. That system of laws which is adopted by all commercial nations, and constitutes a part of the law of the land.
A law which reduced the official term of the censors at Rome from five years to a year and a half, and provided for the discharge of their peculiar functions by the consuls in the
e., instantis. The law of necossity is the law of the time; that is, of the instant or present moment. Hob. 159.
The law compels no one to do vain or useless things. Co. Litt 197b; Broom, Max. 252 ; 5 Coke, 21a.
Lofft, 569. The law compels no one to show that which he is presumed not to know.
The law does injury to no one. Branch, Princ.
The law works injustice to no one. Jenk. Cent, p. 18, case 33.
The law does nothing in vain. Jenk. Cent p. 12, case 19; Broom, Max. 252; 1 Ventr. 417.
The law com-, mands nothing vainly. 3 Bulst. 280.
Jenk. Cent. 7. The law is not to be violated by the king.
Hob. 88. The law cares not about trifles.
The law does not compel the doing of impossibillties. Broom, Max. 242; Hob. 93.
The law does not fail in showing justice. Jenk. Cant. p. 31, case 61.
The law does not define exactly, but trusts in the judgment of a good man. Bissell v. Briggs, 9 Mass. 475, 9 Am. Dec. 88
The law favors not the wishes of the dainty. Broom, Max. 379; 9 Coke, 58.
The law does not intend anything impossible, 12 Coke, 89a. For othorwise the law should not be of any effect.
The law does not suffer fractions and divisions of estates. Branch, Princ.; 1 Coke, 87a.
Co. Litt. 197. The law commands not useless things, because useless labor is foolish.
The law does not require that to be verified [or proved] which is apparent to the court 9 Coke, 54b.
The same as lex fori, (q_. v.)
The Papian Poppæan law; a law proposed by the consuls Papius and Poppæus at the desire of Augustus, A. U. C. 762, enlarging the Lex Prœtoria, (q. v.) Inst. 3, 8, 2
A law designed for the protection of minors against frauds and allowing them in certain cases to apply for the appointment of a guardian. In a somewhat wider and more generic sense
The law is the more praised when it is approved by reason. Broom, Max. 159.
The law punishes falsehood. Jenk. Cent. p. 15, case 26.
A later statute takes away the effect of a prior one. But the later statute must either expressly repeal or be manifestly repugnant to, the earlier one. Broom, Max. 29; Mackeld. Bo
Jenk. Cont. 284. The law looks forward, not backward.
The præ-torian law. A law by which every freedman who made a will was commanded to leave a moiety to his patron. Inst 3, 8, 1. The term has been applied to the rules that govern in
The royal or imperial law. A law enacted (or supposed or claimed to have been enacted) by the Roman people, constituting the emperor a source of law, conferring the legislative pow
The law of the place of situation of the thing.
Jenk. Cent. 133. The law rejects superfluous, contradictory, and incongruous things.
Jenk. Cent. 35. The law dislikes delay.
Co. Litt. 24b. The law pays regard to equity.
The Rhodian law, particularly the fragment of it on the subj'ect of jettison, (de jactu,) preserved in the Pandects. Dig. 14, 2, 1; 3 Kent. Comm. 232, 233
Purgation by oath.
The Salic law, or law of the Salian Franks, a Teutonic race who settled in Gaul in the fifth century. This ancient code, said to have been compiled about the year 420, embraced the
Written law ; law deriving its force, not from usage, but from express legislative enactment ; statute law. 1 Bl. Comm. 62, 85.
- Lex scripta si cesset, id custodiri aportet quod moribus et consuetudine inductum est; et, si qua in re hoe defecerit, tnne id quod proximum et consequens ei est; et, si id non appareat, tunc jns quo nrbs Romana ntitur servari oportetdefined inBlack's (1910)
7 Coke, 19. If the written law be silent, that which is drawn from manners and custom ought to be observed; and, if that is in any maimer defective, then that which is next and ana
Jenk. Cant. 15. The law assists the ignorant.
The law aids minors. Jenk. Cent. p. 51, case 97.
The law wlll always give a remedy. Branch, Princ.; Broom, Max. 192.
Co. Litt. 78b. The law always intends what is agreeable to reason.
- Lex situsdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Modern law Latin for "the law of the place where property is situated." The general rule is that lands and other immovables are governed by the lex situs; i. e., by the law of the
The law regards the order of nature. Co.. Litt. 197b.
The law of retaliation ; which requires the infliction uppn a wrongdoer of the same injury which he has caused to another. Expressed in the Mosaic law by the formula, "an eye for a
The law of the land. The common law, or the due course of the common law ; the general law of the land. Bract, fol. 17b. Equivalent to "due process of law." In the strictest sense,
The Ælian Sentian law, respecting wills, proposed by the consuls Ælius and Sentius, and passed A. U. C. 756, restraining a master from manumitting his slaves in certain cases. Calv
The law addresses all with one [the same] mouth or voice. 2 Inst. 184.
The unwritten or common law, which includes general and particular customs, and particular local Jaws.
Law assists the wakeful, not the sleeping. 1 Story, Conti § 529.
The Welsh law ; the law of Wales. Blount.
The law of the Visigoths, or Western Goths who settled in Spain; first reduced to writing A. D. 466. A revision of these laws was made by Egigas. Spelman. In old English law. A bod
- Leydefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)Bouvier (1839)
L. Fr. Law; the law. —Ley civile. In old English law. The civil or Roman law. Yearb. H. 8 Edw. III. 42. Otherwise termed "ley escnpte," the written law. Yearb. 10 Edw. III. 24. —Le
In old English law. The civil or Roman law. Yearb. H. 8 Edw. III. 42. Otherwise termed "ley escnpte," the written law. Yearb. 10 Edw. III. 24.
- Ley gagerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Law wager; wager of law ; the giving of gage or security by a defendant that he would make or perfect his law at a certain day. Litt. § 514; Co.. Litt. 294b, 295a.
An offense against sovereign power; treason; rebellion.
- Liabilitydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)
The state of being bound or obliged in law or justice to do, pay or make good something; legal responsibility. Wood v. Currey, 57 Cal. 209; McElfresh v. Kirkendall, 36 Iowa, 225; B
1. Bound or obliged in law or equity; responsible; chargeable; answerable; compellable to make satisfaction, compensation or restitution. 2. Exposed or subject to a given contingen
An old French coin, of silver or copper, formerly current to a limited extent in England, and there computed as equivalent to a farthing.
- Libeldefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
n. In practice. The Initiatory pleading on the part of the plaintiff or complainant in an admiralty or ecclesiastical cause, corresponding to the declaration, bill or complaint. In
The complainant or party who files a libel in an ecolesiastical or admiralty case, corresponding to the plaintiff In ictions at law.
A party against whom a libel has bcen filed in an ecclesiastical court or in admiralty.
In the civil law. The statement of a plaintiff's claim in a petition presented to the magistrate, who directed an officer to deliver it to the defendant.
- Libellusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
Lat. In the civil law. A little book. Libellus supplex, a petition, especially to the emperor, all petitions to whom must be in writing. Libellum rescribere, to mark on such petiti
In the civil law. A defamatory publication; a publication injuriously affecting character; a libel. Inst. 4, 4, 1; Dig. 47. 10; Co.d.' 9, 86.
- Libel of accusationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Scotch law. The instrument which contnins the charge against a person accused of a crime, libels are of two kinds, namely, indictments and criminal letters.
A defamatory publication is libelous per se when the words are of such a character that an action may be brought upon them without the necessity of showing any special damage, the
Defamatory; of the nature of a libel; constituting or involving libel. —Libelons per se. A defamatory publication is libelous per se when the words are of such a character that an
- Liberdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
adj. Lat Free; open and accessible, as applied to courts, places, etc.; of the state or condition of a freeman, as applied to persons. —Liber bancus. In old English law. Free bench
A livery or delivery of so much corn or grass to a customary tenant, who cut down or prepared the said grass or corn, and received some part or small portion of it as a reward or g
To lose one's free law, (calied the villainous judgment,) to become discredited or disabled as juror and witness, to forfeit goods and chattels and lands for life, to have those la
- Liberaredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Lat. In the civil law. To free or set free ; to liberate; to give one his liberty. Calvin. In old English law. To deliver, transfer, or hand over. Applied to writs, panels of juror
Co. Litt. 207. Money being restored does not set free the party offering.
- Liberatedefined inBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
In old English practice. An original writ issuing out of chancery to the treasurer, chamberlains, and barons of the exchequer, for the payment of any annual pension or other sum. R
In old English law. Livery; money paid for the delivery or use of a thing. In old Scotch law. Livery; a fee given to a servant or officer. Skene. Money, meat, drink, clothes, etc.,
In the civll law. The extinguishment of a contract, by which he who was bound becomes free or liberated. Wolff, Inst. Nat. § 749. Synonymous with "payment" Dig. 50, 16, 47.
In old English law. Free bench. Bract, fol. 97b.