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
- Attachedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A person attached to the suite of an ambassador or to a foreign legation.
L. Lat Attachment. —Attachiamenta bonorum. A distress formerly taken upon goods and chattels, by the legal attaohiators or bailiffs, as security to answer an action for personal es
A distress formerly taken upon goods and chattels, by the legal attaohiators or bailiffs, as security to answer an action for personal estate or debt
Attachment of pleas of the crown. Jewison v. Dyson. 9 Mees. & W. 544.
A privilege granted to the officers of a forest to take to their own use thorns, brush, and windfalls, within their precincts. Ivenn. Par. Antiq. 209.
One who has caused an attachment to be issued and levied on property of his debtor.
- Attachmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The act or process of inking, apprehending or seizing persons or property, by virtue of a writ, summons or other judicial order, and bringing the same into the custody of the law;
A name given in some states to a process of garnishment for the satisfaction of a judgment. As to the judgment debtor it is an execution; but as to the garnishee it is an original
- Attachment of privilegedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. A process by which a man, by virtue of his privilege, calls another to litigate in that court to which he himself belongs, and who has the privilege to answer there
- Attachment of the forestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One of the three courts formerly held in forests. The highest court was called r'justice in eyre's seat;" the middle, the "swainmote;" and the lowest, the "attachment." Man wood, 9
- Attainderdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
That extinction of civil rights and capacities which takes place whenever a person who has committed treason or felony receives sentence of death tor his crime. 1 Steph. Comm. 408;
- Attaintdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In old English practice. A writ which lay to inquire whether a jury of twelve men had given a false verdict, in order that the judgment might be reversed. 3 Bl. Comm. 402; Bract, f
In French law. The gain of a suit.
- Attemptdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
In criminal law. An effort or endeavor to accomplish a crime, amounting to more than mere preparation or planning for it, and which, if not prevented, would have resulted in the fu
- Attendantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
One who owes a duty or service to another or in seme sort depends upon him. Termes de la Ley. One who follows and waits upon another.
In English law. Terms, (usually mortgages,) for a long period of years, which are created or kept outstanding for the purpose of attending or waiting upon and protecting the inheri
- Attentatdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Lat. He attempts. In the civil and canon law. Anything wrongfully innovated or attempted in a suit by an inferior judge, (or judge a quo,) pending an appeal. 1 Addams, 22, note; Sh
- Atterminaredefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. To put off to a succeeding term; to prolong the time of payment of a debt. St. Wes tin. 2, c. 4; Cowell; Blount
- Atterminingdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A putting off; the granting of a time or term, as tor the payment of a debt. Cowell.
- Attermoiementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In canon law. A making terms; a composition, as with creditors. 7 Low. Can. 272, 306.
- Attestdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To witness the execution of a written instrument, at the request of him who makes it, and subscribe the same as a witness. White v. Magarahan, 87 Ga. 217, 13 S. 14 509; Logwood v.
- Attestationdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The act of witnessing an instrument in writing, at the request of the party making the same, and subscribing it as a witness. See Attest. Execution and attestation are clearly dist
- Attestation clausedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.
- Attesting witnessdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See Attestation.
- Attestor of a Cautionerdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In Scotch practice. A person who attests the sufficiency of a cautioner, and agrees to become subsidiarie liable for the debt. BelL
- Attiledefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. Rigging; tackle. Cowell.
- Attorndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In feudal law. To transfer or turn over to another. Where a lord aliened his seigniory, he might, with the consent of the tenant, and in some cases without, attorn or transfer the
In feudal law. To attorn; to transfer or turn over; to appoint an attorney or substitute. —At tornare rem. To fum over money or goods, i. e., to assign or appropriate them to some
To fum over money or goods, i. e., to assign or appropriate them to some particular use or service.
In old English law. An obsolete writ, which commanded a sheriff or steward of a county court or hundred court to receive and admit an attorney to appear for the person who owed sni
L. Fr. In old English law. An attorney. Britt c. 126.
- Attorneydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the most general sense this term denotes an agent or substitute or one who is appointed and authorized to act in the place or stead of another. In re Ricker, 66 N. H. 207, 29 At
See Ad Hoc.
In old practice. An attorney who practised m all the courts. Cowell.
- Attorney At Lawdefined inBallentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
An advocate, counsel, official agent employed in preparing, managing, and trying cases in the courts. An officer in a court of justice, who is employed by a party in a cause to man
- Attorney Generaldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. The chief law officer of the realm, being created by letters patent, whose office is to exhibit ihformations and prosecute for the crown in matters criminal, and to
A private attorney authorized by another to act in his place and stead, either for some particular purpose, as to do a particular act, or for the transaction of business in general
The one whose name is entered on the record of an action or suit as the attorney of a designated party thereto. Delaney v. Husband, 64 N. J. Law, 275, 45 Atl. 265.
In English law. This was the third officer of the duchy court. Bac. Abr. "Attorney."
In English law. A certificate that the attorney named has pnid the annual tax or duty. This is required to be taken out every year by nil practising attorneys under a penalty of fi
The office of an agent or attorney.
The right of an attorney at law to hold or retain in his possession the money or property of a client until his proper charges have been adjusted and paid. It requires no equitable
- Attornmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In feudal and old English law. A turning over or transfer by a lord of the services of his tenant to the grantee of his seigniory. Attornment is the act of a person who holds a lea
- Aubainedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
See Droit d'Aubaine.
In case of need. A French phrase sometimes incorporated in a bill of exchange, pointing out some person from whom payment may be sought in case the drawee fails or refuses to pay t
Readings or lectures upon the ancient English statutes, formerly regarded as of great authority in law. Litt. § 481: Co. Litt. 280.
- Auctiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A public sale of land or goods, at public outcry, to the highest bidder. Russell v. Miner, 61 Barb. (N. Y.) 539; Hibler v. Hoag, 1 Watts & S. (Pa.) 553; Crandali v. Sinte, 28 Ohio
Catalogues of goods for public sale or auction.
One who bought and sold again at an increased prico; an auctioneer. Spelman.
- Auctioneerdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A person authorized or liconsed by law to sell lands or goods of other persons at public auction; one who sells at auction. Crandall v. State, 28 Ohio St. 481; Williams v. Millingt
In the Roman law. An auctioneer. In the civil law. A grantor or vendor of any kind. In old French law. A plaintiff. Kelli am.
In the civil law. Authority. In old European law. A diploma, or royal charter. A word frequently used by Gregory of Tours and later writers. Spelman.
- Auctoritates philosophorum, medicorum, et poetarum, sunt in causis allegandae et tenendædefined inBlack's (1910)
The opinions of philosophers, physicians, and poets are to be alleged and received in causes. Co. Litt 264.
Catching at words is unworthy of a judge. Hob. 343.
Hear the other side; hear bath sides. No man should be condemned unheard. Broom, Max. 113. See LB-2P.(). 106.
In international law. A hearing; interview with the sovereign. The king or other chief executive of a country grants an audience to a foreign minister who comes to him duly accredi
- Audience Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. A court bslonging to the Archbishop of Canterbury, having jurisdiction of matters of form only, as' the confirmation of bishops, and the like. This court has the sa
- Audiendo Et Terminandodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A writ or commission to certain persons to appease and punish any insurrection or great riot. Fitzh. Nat. Brev. 110.
- Auditdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)
As a verb; to make an official investigation and examination of accounts and vouchers. As a noun; the process of auditing accounts; the hearing and investigation had' before an aud
- Audita Quereladefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The name of a writ constituting the initial process in an action brought by a judgment defendant to obtain relief against the consequences of the judgment, on account of seme matte
- Auditordefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A publlc officer whose function is to examine and pass upon the accounts and vouchers of officers who have received and expended public money by lawful authority. In practice. An o
An officer of the English exchequer. 4 Inst. 107.
- Auditors of the imprestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Officers in the English exchequer, who formerly had the charge of auditing the accounts of the customs, naval and military expenses, etc., now performed by the commissioners for au
A sale of goods with "all faults" covers, in the absence of fraud on the part of the vendor, all such faults and defects as are not inconsistent with the identity of the goods as t
- Augmentationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The increase of the crown's revenues from the suppression of religious houses and the appropriation of their lands and revenues. Also the name of a court (now abalished) erected 27
The empress or queen is not privileged or exempted from subjection to the laws. 1 BL Comm. 219; Dig. 1, 3, 3L
- Auladefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A hall or court; the ceurt of a bacon or manor; a ceurt baron, Spelman. —Aula ecclesiæ. A nave or body of a church where temporal courts were anciently held. —
A nave or body of a church where temporal courts were anciently held.
The chief court of England in early Norman times. It was established by William the Conqueror in his own hall. It was composed of the great officers of state, resident in the palac
See Alnager.
See Alnager.
In Indian law. Trustee; commissioner; a temporary collector or supervisor, appointed to the charge of a country on the removal of a zemindar or for any other particular purpose of
In Indian law. Agent; officer; native collector of revenue; superintendent of a district or division of a country, either on the part of the government zemindar or renter.
In Indian law. Agent; the holder of an office; an Intendant and collector of the revenue, uniting civil, military, and financial powers under the Mohammedan government
In English law. An ancient mode of weighing, described by Cowell as "a kind of weight with scales hanging or hooks fastened tp each end of a staff, which a man, lifting up upon his
The sister of one's father or mother, and a relation in the third degree, correlative to niece or nephew.
In medical jurisprudence. A term used to designate the sensation of a celd vapor frequently experienced by epileptica before, the loss of consciousness ocoursinan epileptic fit. Au
A Saxon punishment by chtting off the ears, inflicted on those who robbed churches or were gullty of any other theft.
Queen's gold. A royal revenue belonging to every queen consort during her marriage with the king.
Before the exhibition of the bill. Before suit begun.
In pleading. Another action pending. A species of plea in abatement. 1 Chit PL 454,
L. Fr. Another; other. —Auter aetion pendant. In pleading. Another action pending. A species of plea in abatement. 1 Chit PL 454, —Anter droit. In right of another, e. pr., a trust
Genuine; true; having the character and authority of an original; duty vested with all necessary formalities and legally attested; competent, credible, and reliable as evidence. Do
In the civil law. An act which has bcen executed before a notary or other public officer authorized to exechte such functions or which is testified by a public seal or has been ren
- Authenticationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In the law of evidence. The act or mode of giving authority or legal authenticity to a statute, record, or other written instrument, or a corti-fied copy thereof, so as to render i
- Authenticsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In the civil law. A Latin translation of the Novels of Justinian by an anonymous author; so called because the Novels were translated entire, in order to distinguish it from the ep
In the civil law. An original instrument or writing; the original of a will or other instrument, as distinguished from a copy. Dig. 22, 4, 2; Id. 29, 3, 12.
One who producos, by his own intellectual labor applied to the materials of his composition, an arrangement or compilation new in itself. Atwill v. Ferrett, 2 Blatchf. 39, Fed. Cas
Citations to statutes, precedents, judicial decisions, and text-books of the law, made on the argument of questions of law or the trial of causes before a court, in support of the
- Authoritydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In contracts. The lawful delegation of power by one person to another. In the English law relating to public administration, an authority is a body having jurisdiction in certain m
In Spanish colonlal law. An order emanating from some superior tribunal, promulgated in the name and by the authority of the sovereign. Schm. Civil Law, 93.
The name of an unlimited monarchical government. A government at the will of one man, (called an "autocrat,") unchecked by constitutional restrictions or limitations.
The handwriting of any one.
the communication of disease from one part of the body to another by mechanical transmission of virus from a diseased to a healthy part. —Infections disease. One capable of being t
Self-empoisonment from the absorption of the toxic products of internal metabolism, e. g., ptomaine poisoning.
In medical Jurisprudence, this term is applied to actions or conduct of an individual apparently occurring without will, purpose or reasoned intention on hls part; a condition some
The political independence of a nation; the right (and condition) of self-government.
The dissection of a dead body for the purpose of inquiring Into the cause of dcath. Pub. St. Mass. 1882, p. 1288. Sudduth v. Insurance Co.. (C. C.) 106 Fed. 823.
- Autredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)
In Fr. Another. —Antre action pendant. Another action pending. —Antre droit. The right of another. —Antre vie. Another's life. A person holding an estate for or during the life of
The right of another.