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
See UNFAIR.
In Saxon law. An outlaw; a person whose murder required no composition to be made or tveregeld to be paid, by his slayer.
The obsolete language of a special award of venire, where, of several defendants, one pleads, and one lets judgment go by default, whereby the jury, who are to try and assess damag
- Uniformdefined inCase LawU.S. CodeCyclopedic (1922)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A statute is general and uniform in its operation when it operates equally upon all persons who are brought within the relations and circumstances provided for. McAunich v. Mississ
In taxation. Uniformity in taxation implies equality in the burden of taxation, which cannot exist without uniformity in the mode of assessment, as well as in the rate of taxation.
- Uniformity of Process Actdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
The English statute of 2 Wm. IV. c. 39, establishing a uniform process for the commencement of actions in all the couris of law at Westminster. 3 Steph. Comm. 566.
The state of being the ouiy begotten.
- Unilateraldefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
One-sided; ex parte; having reflation to only one of two or more persens or things. —Unilateral eontraot. See Contract. — Unilateral mistake. A mistake or misunderstanding as to th
See Contract.
A mistake or misunderstanding as to the terms or effect of a contract, made or entertained by one of the parties to it but not by the other. Green v. Stone, 54 N. J. Eq. 387, 34 At
Records are unilateral when offered to show a particular fact, as a prima faote case, either for or against a stranger. Colligan v. Cooney, 107 Tenn. 214, 64 S. W. 31.
The commencement and cause of every contract are to be regarded. Dig. 17, 1, 8; Story, Bailm. § 5ft
- Unintelligibledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
That which cannot be understood.
Lat In canon law. A consolidation of two churches into one. Cowell.
In English poor-law. A union consiste of two or more parishes which have been consolidated for the better administration of the poor-law therein. In ecclesiastical law. A union con
The national flag of Great Britain and Ireland, winch combines the banner of St. Patrick with the crosses of St. George and St. Andrew. The word "jack" is most probably derived fro
A combining and consolidating of two churches into one. Also it is when one church is made subject, to another, and one man is rector of both; and where a conventual church is made
Lat. Uniting of offspring. A method of adoption, chiefly used in Germany, by which step-children (on either or both sides of the house) are made equal, in respect to the right of s
Lat The unity of persons, as that between husband and wife, or ancestor and heir.
Obligations for payment of money which have been at various times issued by the government of the United States.
Each circuit court of the United States may appoint, in different parts of the district for which it is held, as many discreet persons as it may deem necessary, who shall be called
Promissory notes, resembling bank-notes, issued by the government of the United States.
- Unitydefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
In the law of estates. The peculiar characteristic of an estate held by several in joint tenancy, and which is fourfold, vis., unity of interest, unity of title, unity of time, and
This term is applied to joint tenants, to signify that no one of them can have a greater interest in the property than each of the others, while, in the case of tenants in common,
- Unity of possessiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
Joint possession of two rights by several titles, as where a lessee of land acquires the title in fee-simple, which extinguishes the lease. The term also describes one of the essen
where a person seised of land which is subj'ect to an easement, profit a prender, or similar right, also becomes seised of the land to which the easement or other right is annexed.
One of the essential properties of a joint estate; the estates of the tenants being vested at one and the same period. 2 Bl. Comm. 181. —Unity of title is applied to joint tenants,
applied to joint tenants, to signify that they hold their property by one and the same title, while tenants in common may take property by several titles. Williams, Reai Prop. 134.
The answer of one witness shall not be heard at ali; the testimony of a single witness shall not be admitted under any circumstances. A maxim of the civll and canon law. Cod. 4, 20
Having relation to the whole or an entirety; pertaining to all without exception; a term more extensive than "general," which latter may admit of exceptions. See Blair v. Howell, 6
One who is appointed to do all the acts which the principal can personally do, and which he may lawfully delegate the power to another to do. Story, Ag. 18; Baldwin v. Tucker, 112
2 Rolle, 294. Things universal are better known than things particular.
In the civil law. A testamentary disposition by which the testator gives to one or several persons the whole of the property which he leaves at his decease. Civ. Code La. 1900, art
See Legacy. Universal partnership. See Partnership.
By this term is not meant a malicious purpose to take the life of all persons, but it is that depravity of the human heart which determines to take life upon slight or insufficient
One in which the partners jointly agree to contribute to the common fund of the partnership the whole of their property, of whatever character, and future, as well as present. Poth
In Scotch law. A term applied to the representation by an heir of his ancestor. Bell.
In the civil law. Succession to the entire estate of another, living or dead, though generally the latter, importing succession to the entire property of the predecessor as a jurid
Lat In the civil law. A corporation aggregate. Dig. 3, 4, 7. Literally, a whole formed out of many individuals. 1 Bl. Comm. 469. —Universitas facti. In the civil law. A plurality o
In the civil law. A plurality of corporeal things of the same kind, which are regarded as a whole; e. g., a herd of cattle, a stock of goods. Mackeld. Rom. Law, § 162. Universitas
In the civil law. Literally, a whole of things. Several single things, which, though not mechanically connected with one another, are, when taken together, regarded as & whole in a
An institution of higher learning, consisting of an assemblage of colleges united under one corporate organization and government, affording instruction In the arts and sciences an
See Chancellor's Courts in the Two Universities.
Lat The whole; ali together. Calvin.
Contrary to right and justice or to the enjoyment of his rights by another or to the standards of conduct furnished by the laws.
Unknown. The law French form of the Saxon "uncouth." Britt, c. 12.
Sax. An unjust law.
In old Scotch law. That which is done without law or against law. Spelman.
In Scotch law. A witness was formerly inadmissible who was not worth the king's unlaw; i. e., the sum of £10 Scots, then the common fine for absence from court and for small delinq
- Unlawfuldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
That which is contrary to law. "Unlawful" and "illegal" are frequently used as synonymous terms, but, in the proper sense of the word, "unlawful," as applied to promises, agreement
- Unlawful assemblydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
At common law. The meeting together of three or more persons, to the disturbance of the public peace, and with the intention of co-operating in the forcible and violent execution o
The unjustifiable retention of the possession of lands by one whose original entry was lawful and of right, but whose right to the possession has terminated and who refuses to quit
An entry npon lands effected peaceably and without force, but which is without color of title and is accomplished by means of fraud or some other willful wrong. Dickinson v. Maguir
The term is commonly used in indictments for statutory crimes, to show that the act constituting the offense was in violation of a positive law, especially where the statute itself
Not ascertained in amount; not determined; remaining unassessed or unsettled; as unliquidated damages. See Damages.
A term used in maritime law to designate the unloading of cargo of a vessel at the placo where it is properly to be delivered. The Two Catharines, 24 Fe<L Cas. 429.
The infamous crime against nature; i. e., sodomy or buggery.
2 And. 38, 40. One ought not to take advantage of his own wrong.
1 Coke, 102. One absurdity being allowed, an infinity follows.
Lat. In a single act; by one and the same act.
Lat In one breath. 8 Man. & G. 45. TJno flatu, et uno intuitu, at one breath, and in one view. Pope v. Nickerson, 3 Story, 504, Fed. Cas. No. 11,274.
I. Fr. Elver; always. Ne unques, never.
L. Fr. Always ready. Cowell. Another form of tout temps prist.
See Land.
See Seaworthy.
War denounced without a declaration; war made not upon general but special declaration; imperfect wav. People v. McLeod, 1 Hili (N. Y.) 409, 37 Am. Dee, 328.
A person of unsound mind is an adult who from infirmity of mind is incapable of managing himself or his affairs. The term, therefore, includes insane persons, idiots, and imbeciles
A prodigal; a spendthrift. 1 Bl. Comm. 306.
This term generally excludes the day to which it relates; but it will be construed otherwise, lf required by the evident Intention of the parties. Kendall v. Kingsley. 120 Mass. 95
Every obligation is dissolved by the same solemnity with which it is created. Broom, Max. 884.
- Unumquodque eodem modo quo colligatu est, dissolvitur,—quo constituitur, destruiturdefined inBlack's (1910)
Everything is dissolved by the same means by which it is put together,—destroyed by the same means by which it is established. 2 Rolle 39; Broom, Max. 891.
Hob. 123. That which is the principal part of a thing is the thing itself.
- Unumquodque principiorum est sibi-metipsi fides; et perspicua vera nom snnt probandadefined inBlack's (1910)
Every general principle [or maxim of law] is its own pledge or warrant; and things that are clearly true are not to be proved. Branch; Co. Litt. 11.
Food not fit to be eaten; food which lf eaten wouid be injurious.
All that portion of the law, observed and admiuistered in the couris, which has not bcen enacted or promuigated in the form of a statute or ordinance, including the unenacted porti
- Uplifted Handdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
The hand raised towards the heavens, in one of the forms of inking an oath, Instead of being laid upon the Gospels.
The court of king's bench, in England, was se called during the interval between 1649 and 1660, the period of the commonwealth, Rolle being then chief justice. See 3 BL Comm. 202.
A bid made after a judicial sale, but before the successful bid at the sale has been confirmed, larger or better than such successful bid, and made for the purpose of upsetting the
In sales by auctions, an amount for which property to be sold is put up, so that the first bidder at that price is declared the buyer. Wharton.
In Scotch law. Between the hours of sunrise and sunset. Poinding must be executed with upsun. 1 Forb. lust, pt 3, p. 32.
Initials of "uti rogas," be it as you desire, a ballot thus inscribed, by which the Romans voted in favor of a bill or candidate. Tayl. Civll Law, 191.
The residence or dwelling place of a family in a city, clnimed or set apart as a homestead, including the principal house and lot, and such lets as are used in connection therewith
See Homestead.
City servitudes or servitudes of houses, are called "urban." They are the easements appertaining to the building and construction of houses; as, for instance, the right to light an
Lat. In Roman law. A city or a walled town. Sometimes it is put for civitas, and denotes the inhabitants or both the city and its inhabitants ; i. e., the municipality or commonwea
In Fr. Effect; practice. Mis en ure, put in practice; carried into effect. Kelham.
An abbreviation for "United States."
- Usagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
Usage is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be effected thereby, existing at the place where the obligation is t
A course of dealing; a mode of conducting transactions of a particular kind, proved by witnesses testifying of its existence and uniformity from their knowledge obtained by observa
- Usancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In mercantile law. The common period fixed by the usage or custom or habit of dealing between the country whore a bill is drawn, and that where it is payable, for the payment of bi
- Usedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
A confidence reposed in another, who was made tenant of the land or terre-tenant, that he would dispose of the land according to the intention of the cestui que use or him to whose
This is the name of an action, being a variety of assumpsit, to be maintained by a landlord against one who has had the occupation and enjoyment of an estate, under a contract to p
A person for whose use a suit is brought; otherwise termed the "use plaintiff."
By "useful," in the patent law, is meant not an invention in all cases superior to the modes now in use for the same purposes, but "useful," in contradistinction to frivolous and m
One for whose use (benefit) an action is brought in the name of another. Thus, where the assignee of a chose in action is not allowed to sue in his own name, the action would be en
- Userdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Abbott (1879)
The actual exercise or enjoyment of any right or property. It is particularly used of franchises. —Adverse user. An adverse user is sack a use of the property as the owner himself
L. Fr. In old practice. The pursuing or bringing an action. Cowell.
This word ls said to be derived from "huissier," and is the name of a subordinate officer in some English courts of law. Archb. Pr. 25.
The gentleman usher of the black rod is an of-flcer of the house of lords appointed by letlers patent from the crown. His duties are, by himself or deputy, to desire the attendance
In Spanish law. Usage; that which arises from certain things which men say and do and practico uninterruptedly for a great length of time, without any hindrance whatever. Las Parti