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
One of the names of marriage, among the Romans. Tayl. Civil Law, 284.
In Scotch law. Joint.
In the civil law. Things joined together or united; as distinguished from disjuncta, things disjoined or separated. Dig. 50, 16, 53.
- Conjunctimdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat In old English law. Jointly. Inst. 2, 20, 8.
In Lat In old English law. Jointly and severally.
In the civil law. Conjunction ; connection of words in a sentence. See Dig. 50, 16> 29, 142. Conjunctio mariti et feminae est de jure naturæ. The union of husband and wife is of th
- Conjunctivedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
A grammatical term for particles which serve for joining or connecting together. Thus, the conjunction "and" is called a "conjunctive," and "or" a "disjunctive," conjunction. —Conj
Where several material facts are stated conjunctively in the complaint, an answer which undertakes to deny their averments as a whole, conjunctively stated, is called a "conjunctiv
See Obligation.
- Conjuratiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A swearing together; an oath administered to several together; a combination or confederacy under oath. Cowell. In old European law. A compact of the inhabitant
- Conjurationdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In old English law. A plot or compact made by persons combining by oath to do any public harm. Cowell. The offense of having cohference or commerce with evil spirits, in order to d
In old English law. One who swears or is sworn with others; one bound by oath with others; a compurgator ; a conspirator.
Relations by blood or marriage, but more commonly the relations of a person with whom one is connected by marriage. In this sense, the relations of a wife are "connections" of her
In French law. This exists when two actions are pending which, although not identical as in Its pendens, are so nearly similar in object that it is expedient to have them both adju
- Connivancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
The secret or indirect consent or permission of one person to the commission of an unlawful or criminal act by another. Oakland Bank v. Wilcox, 60 Oal. 137 ; State v. Gesell, 124 M
- Connoissementdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In French law. An instrument similar to onr bill of lading.
A species of instrument of defeasance common in the civil law. It is executed by a party who has taken a deed of property, absolute on its face, but intended as security for a loan
Those whose general authority and jurisdiction are confined within the limits of the county in which they are appointed, who are appointed in and for a particular county, and whose
One which lies wholly within one county, and which is thereby distinguished from a state road, which is a road lying in two or more counties. State v. Wood County, 17 Ohio, 186.
In the civll law. Marriage. Among the Romans, a lawful marriage as distinguished from "concubinage," (q. v.,) which was an inferior marriage.
In Spanish law. A recognizance. White, New Recop. b. 3, tit 7, c. 5, § 3.
In Spanish law. A bill of lading. In the Mediterrancan ports it is called "poliza de cargamiento."
In Lat. In oid English law. The executor of a last wlll and testament. CowelL
Lat In the civil law. A manager or administrator. Calvin.
In modern civil law. A joint possession. Mackeld. Rom. Law, § 245.
In Norman and old English law. The first purchaser of an estate; he who first brought an estate into his family.
In old English and Scotch law. The first purchaser of an estate ; he who brought it into the family owning it 2 Bl. Comm. 242, 248.
- Conquestdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In fendal law. Conquest; acquisition by purchase; any method of acquiring the ownership of an estate other than by descent Also an estate acquired otherwise than by inheritance. In
Conqueror. The title given to William of Normandy.
In French law. The name given to every acquisition which the husband and wife, jointly or severally, make during the conjugal community. Thus, whatever is acquired by the husband a
In feudal and old English law. Acquisition. 2 Bl. Comm. 242.
- Conquisitordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In feudal law. A purchaser, acquiree or conqueror. 2 BL Comm. 242, 248.
Lat A person related by blood; a person descended from the same common stock. —Consanguineus frater. In civil and feudal law. A half-brother by the father's side, as distinguished
In civil and feudal law. A half-brother by the father's side, as distinguished from frater uterinus, a brother by the mother's side. Consanguineus est quasi eodem sanguine natns. C
- Consanguinitydefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Kinship; blood relationship ; the connection or relation of persons descended from the same stock or common ancestor. 2 Bl. Comm. 202; Blodget v. Brinsmaid, 9 Vt 30; Sinte v. De Ha
- Consciencedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
The moral sense; the faculty of judging the moral qualities of actions or of discriminating between right and wrong; particularly applied to one's percop-tion and judgment of the m
Couris, not of record, constituted by act of parliament in the city of London, and other towns, for the recovery of small debts; others wise and more commonly calied "Couris of Req
As used in some constitutional provisions, this phrase is equivalent to religious liberty or freedom of conscience. Co.m. v. Lesh-er, 17 Serg. & R. (Pat) 155; State v. Cummings, 36
- Conscientia Rei Alienidefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In Scotch law. Knowledge of another's property ; knowledge that a thing is not one's own, but belongs to another. He who has this knowledge, and retains possession, is chargeable w
A conscientious scruple against taking an oath, serving as a juror in a capital case, doing military duty, or the like, is an objection or repugnance growing out of the fact that t
Drafting into the military service of the sinte; cbmpulsory service falling upon nil male subjects evenly, within or under certain specified ages. Kneedler v. Lane, 45 Pa. 267.
In ecclesiastical law. To dedicate to sacred purposes, as a bishop by imposition of hands or a church or churchyard by prayers, etc. Co.nsecration is performed by a bishop er archb
Sp. A term used in conveyances under Mexican law, equivalent to the English word "grant." Mulford v. Le Franc, 26 Cal. 103.
In French law. A species of trade tribunala, charged with settling differences bstween masters and workmen. They endeavor, in the first instance, to concillate the parties. In defa
In French law. A family council. Certain acts require the sanction of this body. For example, a guardian can neither accept nor reject an inheritance to which the minor has succeed
In French law. When a person has been subjected to an interdiction on the ground of his insane extravagance, but the interdiction is not absolute, but limited only, the court of fi
- Consensual Contractdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A term derived from the civli law, denoting a contract founded upon and completed by the mere consent of the contracting parties, without any external formality or symbolic act to
- Consentdefined inU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A concurrence of wills. Express consent is that directly given, either vivo voce or in writing. Implied consent is that manifested by signs, actions, or facts, or by inaction or si
One entered by consent of the parties; it is not properly a judicial sentence, but la in the nature of a solemn contract or agreement of the parties, made under the sanction of the
See Judgment.
- Consent-Ruledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Burrill (1850)
In English practice, A superseded instrument, in which a defendant in an action of ejectment specified for what purpose he intended to defend, and undertook to confess not only the
The ancient name for what is now known as "constructive" contempt of court. Ex parte Wright, 65 Ind. 508. See CoNTEMPT.
Such damage, loss or injury as does not flow directly and immediately from the act of the party, but only from some of the consequences or results of such act. Swain v. Copper Co.,
In Scotch law. Implied powers ,or authorities. Things which follow, usually by implication of law. A commission being given to execute any work, every power necessary to carry it o
- Conservatordefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A guardian; protector; preserver. "When any person having property shall be found to be incapable of managing his affairs, by the court of probate in the district in which he resid
See Conservator.
Commissioners or trustees in whom the control of a certain river is vested, in England, by act of parliament.
Officers authorized to preserve and mnintain the public peace. In England, these officers were locally elected by the people until the reign of Edward III. when their appointment w
The judgment of the court.
- Considerationdefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The Inducement to a contractu The cause, motive, price or impelling influence which induces a' contracting party to enter into a contract. The reason or material cause of a contrac
(It is considered by the court.) The formal and ordinary commencement of a judgment Baker v. Sinte, 3 Ark. 491.
L. Lat It is considered. Held to mean the same with consideratum est. 2 Strange, 874.
- Consigndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In the civil law. To deposit in the custody of a third person a thing belonging to the debtor, for the benefit of the creditor, under the authority of a court of justice. Poth. Obi
In Scotch law. The payment of money into the hands of a third party, when the creditor refuses to accept of it. The person to whom the money is given is termed the "consignatory."
- Consigneedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In mercantile law. One to whom a consignment is made. The person to whom goods are shipped for suie. Lyon v. Alvord, 18 Conn. 80; Gillespie v. Winberg, 4 Daly (N. Y.) 320; Comm. v.
- Consignmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act or process of consigning goods; the transportation of goods consigned; an article or collection of goods sent to a factor to be sold; goods or property sent, by the aid of
- Consignordefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
One who sends or makes a consignment. A shipper of goods. Consilia multorum quaeruntur in magnis. 4 Inst. 1. The counsels of many are required in great things.
In the civll law. A counsellor, as distinguished from a pleader or advocate. An assistant judge. One who participates in the decisions. Du Cange.
- Consiliumdefined inCyclopedic (1922)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A day appointed to hear the counsel of both parties. A case set down for argument. It is commonly used for the day appointed for the argument of a demurrer, or errors assigned. 1 T
In practice. A writ of entry, framed under the provisions of the statute Westminster 2, (13 Edw. I.,) c. 24, which lay for the benefit of the reversioner, where a tenant by the cur
Being composed or made up of. This word is not synonymous with "including;" for the latter, when used in connection with a number of specified objects, always implies that there ma
The state councll of the Roman emperors. Mackeld. Rom. Law, §58.
- Consistorydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In eccleslastical law. An assembly of cardinals convoked by the pope.
Courts held by diocesan bishops within their several cathedrals, for the trial of ecclesiastical causes arising within their respective dioceses. The bishop's chancellor or his com
In the civll law. Co.us-ins-german, in general; brothers' and sisters' children, considered in their relation to each other.
Lat An association, fellowship or partnership. Applied by some of the older writers to a corporation, and even to a nation considered as a body politic. Thomas v. Dakin, 22 Wend. (
- Consolato Del Maredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The name of a code of sea-laws, said to have been complied by order of the kings of Arragon (or, according to other authorities, at Pisa or Barcelona) in the fourteenth century, wh
To consolidate means something more than rearrange or redivide. In a general sense, it means to unite into one mass or body, as to consolidate the forces of an army or various fund
In England. A fund for the payment of the public debt.
A collection or compilation into one statute or one code or volume of ali the laws of the state in general, or of those relating to a particular subject; nearly the same as "compil
The orders regulating the practice of the English court of chancery, which were issued, in 1860, in substitution for the various orders which had previously been promulgated from t
- Consolidationdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
In the civil law. The union of the usufruct with the estate, out of which it issues, in the same person; which happens when the usufructuary acquires the estate, or vice versa. In
The act or process of uniting several actions into one trial and judgment, by order of a court, where all the actions are between the same parties, pending in the same court, and t
The act or process of uniting two or more of them into one.
The union or merger into one corporate body of two or more corporations which had been separately created for similar or connected purposes. In England this is termed "amalgamation
- Consolidation ruledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In practice. A rule or order of court requiring a plaintiff who has instituted separate suits upon several claims against the same defendant, to consolidate them in one action, whe
An abbreviation of the expression "consolidated annuities," and used in modern times as a name of various funds united in one for the payment of the British national debt. Also, a
- Consortiumdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
In the civil law. A union of fortunes; a lawful Roman marriage. Also, the Joining of several persons as parties to one action. In old English law, the term signified company or soc
In maritime law. An agreement or stipulation between the owners of different vessels that they shall keep in company, mutually aid, instead of interfering with each other, in wreck
- Conspiracydefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In criminal law. A combination or cohfederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act or some act wh
An ancient writ that lay against conspirators. Reg. Orig. 134; Fitzh. Nat Brev. 114.
- Conspiratorsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Persons guilty of a conspiracy. Those who bind themselves by oath, covenant, or other alllanco that each of them shall aid the other falsely and maliciously to indict persons; or f
- Constabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In medieval law. The name given to a very high functionary under the French and English kings, the dignity and importance of whose office was only second to that of the monarch. He
- Constable of a castledefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. An officer having charge of a castle; a warden, or keeper; otherwise calied a "castellain."
(Called, also, "Marshal.") His office consisted in the care of the common peace of the realm in deeds of arms and matters of war. Lamb. Const. 4.
An officer who was formerly entitled to command ali the king's armies in the absence of the king, and to take cognisance of ali crimes committed within four miles of the king's per
An officer mentioned in Fieta, lib. 2, c. 31.
- Constablewickdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In English law. The territorial jurisdiction of a constable; as bsliiwick ls of a bailiff or sheriff. 5 Nev. k M. 261.
An officer of horse; an officer having charge of foot or horse; a naval commander; an officer having charge of military affairs generally. Spelman.
- Constatdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
It is clcar or evident; it appears ; it is certain; there la no doubt Non constat, it does not appear. A certificate which the clerk of the pipe and auditors of the exchequer made,