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 statute providing a remedy for an injury, as distinguished from a penal statute. A statute giving a party a mode of remedy for a wrong, where he had none, or a different one, bef
- Remedydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
Remedy is the means by which the violation of a right is prevented, redressed or compensated. Remedies are of four kinds: (1) By act of the party injured, the principal of which ar
A person who is primarily liable or responsible, but who, in turn, can demand indemnification from another, who is responsible to him, is said to have a "remedy over." For example,
The remembrancer of the city of London is parliamentary solicitor to the corporation, and is bound to attend all courts of aldermen and common council when required. Pull. Laws & O
In English law. Officers of the exchequer, whose duty it is to put in remembrance the lord treasurer and the justices of that court of such things as are to be called and dealt in
In French law. Redemption; right of redemption. A sale d r6m6rd is a species of conditional sale with right of repurchase. An agreement by which the vendor reserves to himself the
To remit or give up. A formal word in deeds of release and quitclaim; the usual phrase being "remise, release, and forever quitclaim." See American Mortg. Ch v. Hutchinson, 19 Or.
In French law. The release of a debt
In the civil law. A release of a debt It is conventional, when It is expressly granted to the debtor by a creditor having a capacity to alienate; or tacit, when the creditor volunt
3 Inst. 233. A man commanding not too strictly is better obeyed.
This term imports the doing of the act in question in a tardy, negligent or careless manner; but it does not apply to the entire omission or forbearance of the act. Baldwin v. Unit
- Remitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
To send or transmit; as to remit money. Potter v. Morland, 3 Cush. (Mass.) 388; Hollowell v. Life Ins. Co., 126 N. C. 398, 35 S. E. 616. To give up; to annul; to relinquish ; as to
The act of sending back to custody; an annulment. Wharton.
Money sent by one' persen to another, either in specie, bill of exchange, check or otherwise.
A person to whom a remittance is made. Story, Bailm. § 75.
- Remitterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
The relation back of a igter defective title to an earlier valid title. Remitter is where he who has the true property or jus proprietatis in lands, but Is out of possession thereo
Lat. An entry on the record, by which the plaintiff declares that he remits a part of the damages which have been awarded hiin.
Lat In practice. An entry made on record, in cases where a jury has given greater damages than a plaintiff has declared for, remitting the excess. 2 Tidd, Pr. 896.
The returning or sending back by a court of appeui of the record and proceedings in a cause, after its decision thereon, to the court whence the appcal came, in order that the caus
A person who makes a remittance to another.
Expostulation; showing of reasons against something proposed; a representation made to a court or legislative body wherein cortain persons unite in urging that a contemplated measu
This word is used In law chiefly as the antithesis of "proximate," and conveys the idea of mediateness or of the Intervention of something else. —Remote cause. In the law of neglig
In the law of negligence, a "remote" cause of an accident or injury is one which does not by itself alone produce the given result, but which sets in motion another cause, calied t
Damage is said to be too remote to be actionable when it is not the legal and natural consequence of the act complained of.
Want of close connection betwcen a wrong and the injury, as cause and effect, whereby the party injured cannot claim compensation from the wrongdoer. Wharton.
When the fact or facts proposed to be established as a foundation from which indirect evidence may be drawn, by way of inference, have not a visible, plain, or necessary connection
In the law of estates, a double possibility, or a limitation dependent on two or more facts or events both or all of which are contingent and uncertain; as, for example, the limita
The impediment being removed, the action rises. When a bar to an action is removed, the action rises up into its original efficacy. Shep. Touch. 150; Wing. 20.
The act of a person or body, having lawful authority thereto, in depriving one of an office to which he was appointed or elected.
The transfer of a cause from one court to another; commonly used of the transfer of the jurisdiction and cognizance of an action commenced but not finally determined, with all furt
The actual transfer of a pauper, by order of a court having jurisdiction, from a poor district in which he has no settlement, but upon which he. has become a charge, to the distric
In practice. A transfer of a suit or cause out of one court into another, which is effected by writ of error, certiorari, and the like, 11 Coke, 41.
Reward; recompense; salary. Dig. 17, 1, 7. The word "remuneration" means a quid pro quo. If a man gives his services, whatever consideration he gets for giving his services seems t
In old English law. Denying. 32 Hen. VIII. c. 2.
A sudden meeting; as opposed to a duel, which is deliberate.
- Renderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
n. In feudal law, "render" was used in connection with rents and her-iots. Goods subject to rent or heriot-serv-lce were said to lie in render, when the lord might not only seize t
Fr. A place appointed for meeting. Especially used of places appointed for the assembling of troops, the coming together of the ships of a fleet or the meeting of vessels and their
One who has changed bis profession of faith or opinion ; one who has deserted his church or party.
- Renewaldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
The act of renewing or reviving. The substitution of a new grant, engagement or right, In place of one which has expired, of the same character and on the same terms and conditions
- Renouncedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
To reject; cast off; repudiate ; disclaim; forsake; abandon; divest one's self of a right, power or privilege. Usually it implies an affirmative act of disclaimer or dlsavowal.
In English practise. Refusing to take upon one's self the office of executor or executrix. Refusing to take out probate under a wlll wherein one has bcen appointed executor or exec
Lat In old English law. To renew. Annuatim renovare, to renew annually. A phrase applied to profits which, are taken and the product renewed again. Amb. 13L
- Rentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
At common law. A certain profit issuing yearly out of lands and tenements corporeal; a species of incorporeal hereditament. 2 BI. Comm. 41. A compensation or return yielded periodi
Rent
(Said to be corrupted from "rent-roll.") In English law. A roll on which the rents of a manor are registered or set down, and by which the lord's bailiff collects the same. It cont
In Scotch law. When the tithes (tiends) have been liquidated aud settled for so many balls of corn yearly. Bell.
In English law. A species of lease usually granted at a low rent and for life. Tenants under such leases were calied "rentalers" or "kindly tenants."
This arises where the owner of the rent has no future interest or reversion in the land. It is usually created by deed or will, and is accompanied with powers of distress and entry
In French law. Rente ls the annual return which represents the revenue of a capital or of an immovable alienated. The constitution of rente is a contract by which one of the partie
A rent which issues out of land, and it is of its essence that it be perpetual, for, if it be made but for a limited time, it is a lease. It may, however, be extinguished. Civ. Co.
That spectes of rente, the duration of which depends upon the contingency of the death of one or more persons indicated in the contract. The uncertninty of the time at which such d
A list of rents payable to a particular person or public body.
Barren rent; a rent reserved by deed, but without any clause of distress. 2 Bl. Comm. 42; 3 Kent, Comm. 461.
This consisted of fealty, together with a certain rent, and was the only kind of rent originally known to the common law. It was so called because it was given as a compensation fo
More commonly signify in the books a chattel reni interest in land; a kind of estate growing out of the land, for life or years, producing an annual or other rent Bruce v. Thompson
The certain and determined rents of the freeholders and ancient copyholders of manors are called "rents of assize," apparently because they were assized or made certain, and so dis
Rents anciently payable to the crown from the lands of abbeys and religious houses; and after their dissolution, notwithstanding that the lands were demised to others, yet the rent
The act of giving up a right. See Renounce.
Lat The defendant being absent; in the absence of the defendant.
- Repairsdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
Restoration to soundness; supply of loss; reparation; work done to an estate to keep it in good order. "Repair" means to restore to its former condition; not to change either the f
- Reparationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
The redress of an Injury; amends for a wrong inflicted.
For making repairs. The name of an old writ which lay in various cases; as if, for instance, there were three tenants in common of a mill or house which had fallen into decay, and
In Spanish law, a judicial proceeding for the partition of property held in common. See Steinbach v. Moore, 30 Cal. 505.
Takes place when a person who has bcen expatriated regains his nationality.
The abrogation or annulling of a previously existing law by the enactment of a subsequent statute which declares that the former law shall be revoked and abrogated, (which is calle
An infamous person is repelled or prevented from inking an oath. Co. Litt. 158; Bract, fol. 185.
He is defeated by the plea that the actions have been assigned. Cheese-brough v. Millard, 1 Johns. Ch. (N. Y.) 409, 414.
In French law. The Inventory or minutes which notaries make of all contracts which take place before them. Merl. Repert.
In the civil law. A demand or action for the restoration of money paid under mlatake, or goods delivered by mistake or on an unperformed condition. Dig. 12, 6. See Solutio Indebiti
A repeated, second or reciprocal distress; withernam. 3 Bl. Comm. 148.
In Roman law. The crime of bribery or extortion in a magistrate or person in any public offico. Calvin.
In Roman law. The terms used to designate such sums of money as the socii of the Roman state or individuals, claimed to recover from magistratus, judices or publici curatores, whic
To plead anew; to file new pleadings.
When, after Issue has been joined in an action, and a verdict given thereon, the pleading is found (on examination) to have miscarried and failed to effect Its proper object, viz.,
To replevy; to redeem a thing detained or taken by another by putting in legal sureties. —Replegiare de averiis. Replevin of cattle. A writ brought by one whose cattle were distrai
Replevin of cattle. A writ brought by one whose cattle were distrained, or put in the pound, upon any cause by another, upon surety given to the sheriff to prosecute or answer the
You cause to be replevied. In old English law. The original writ in the action of replevin; superseded by the statute of Marlbridge, c. 21. 3 Bl. Comm. 146.
In canon law. Where the revenue of a benefice ls sufficient to fill or occupy the whole right or title of the graduate who holds it. Wharton.
Property Is said to be replevlable or re-plevisable when proceedings in replevin may be resorted to for the purpose of trying the right to such property.
- Replevindefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
A personal action ex delicto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained for rent,) the validity
A bond executed to indemnify the officer who executed a writ of replevin and to indemnity the defendant or person from whose custody the property was taken for such damages as he m
In old English law. To let one to mainprise upon surety. Cowell.
The plaintiff in an action of replevin.
This word, as used in reference to the action of replevin, signifies to redeliver goods which have been distrained, to the original possessor of them, on his pledging or giving sec
A litigant who replies or files or delivers a replication.
Lat In the civil law and old English pleading. To reply; to answer a defendant's plea.
Lat In the civll law and old English pleading. The plaintiff's answer to the defendant's exception or plea; corresponding with and giving name to the replication in modern pleading
- Replicationdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
In pleading. ' A reply made by the plaintiff in an action to the defendant's plea or in a snit in chancery to the defendant's answer. General and special. In equity practice, a gen
In its general sense, a reply is what the plaintiff, petitioner or other person who has instituted a proceeding says in answer to the defendant's case. Sweet. On trial or argument.
In Scotch practice. To replace; to restore to a former state or right. 2 Alls. Crim. Pr. 351.
- Reportdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
An official or formal statement of facts or proceedings. In practice. The formal statement in writing made to a court by a master in chancery, a clerk, or referee, as the result of
A person who reports the decisions upon questions of law in the cases adjudged in the several courts of law and equity. Wharton.
The report of a legislative committee is tbat communication which the chairman of the committee makes to the house at the close of the investigation upon which it has been engaged.
A department of the English court of chancery. The suitors' account there is discontinued by the 15 & 16 Viet. c. 87, § 36.
In old English law. An act whereby certain forest grounds, being made purlieu upon view, were by a second view laid to the forest again, put back into the forest. Man-wood ; Cowell
A storehouse or place wherein things are kept; a warehouse. Cro. Car. 555.
- Representdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
To exhibit; to expose before the eyes. To represent a thing is to produce it publicly. Dig. 10, 4, 2, 3. To represent a person is to stand in his place; to supply his place; to act
- Representationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in regard to some fact, circumstance, or state of facts
A fiction of the law, the effect of which is to put the representative in the place, degree, or right of the person represented. Civ. Code La. art. 894.
- Representativedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
Representation is the act of one person representing or standing in the place of another; and he who so represents or stands in the place of another is termed his "representative."