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
In International law. The instruments which authorize and establish a public minister in his character with the state or prince to whom they are addressed. If the sinte or prince r
- Credibilitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Worthiness of belief; that quality in a witness which renders his evidence worthy of belief. After the competence of a witness is allowed, the consideration of his credibility aris
Worthy of belief; entitled to credit. See Competenct. —Credible person. One who is trustworthy and entitled to be believed; in law and legal proceedings, one who is entitled to hav
One who is trustworthy and entitled to be believed; in law and legal proceedings, one who is entitled to have his oath or affidavit accepted as reliable, not only on account of his
See CaEDlBLE.
The statement in a pleading or affidavit that one is "credibly informed and verily believes" such and such facts, means that, having no direct personal knowledge of the matter in q
- Creditdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
1. The ability of a business man to borrow money or obtain goods on time, in consequence of the favorable opinion held by the community, or by the particular lender, as to his solv
- Creditordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A person to whom a debt is owing by another person, Called the "debtor." Mohr v. Elevator Co., 40 Minn. 348, 41 N. W. 1074; Woolverton v. Taylor Co., 43 III. App. 424; Insurance Co
One who has not established his debt by the recovery of a judgment or has not otherwise secured a lien on any of the debtor's property. U. S. v. Ingate (C. C.) 48 Fed. 254; Wolcott
- Creditors' Billdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
In English practice. A bill in equity, filed by one or more creditors, for an account of the assets of a decedent, and a legal settlement and distribution of his estate among thems
A female creditor.
- Creekdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In maritime law. Such little inlets of the sea, whether within the precinct or extent of a port or without, as are narrow passages, and have shore on either side of them. Call. Sew
The increase of a county. The sheriffs of counties anciently answered in their accounts for the improvement of the king's rents, above the viscontiel rents, under this title.
- Crepare Oculumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In Saxon law. To put out an eye; which had a pecuniary punishment of fifty shillings annexed to it.
- Crepusculumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Twilight In the law of burglary, this term means the presence of sufficient light to discern the face of a man; such llght as exists immediately before the rising of the sun or dir
2 Inst. 479. Vice increasing, punishment ought also to increase.
A term used in heraldry; it signifies the devices set over a coat of arms.
In medical Jurisprudence, A form of imperfect or arrested mental development, which may amount to idiocy, with physical degeneracy or deformity or lack of development; endemic in S
In old records. A sudden stream or torrent; a rising or inundation.
Lat. In the civil law. A cor-tain number of days allowed an heir to deliberate whether he would take the inheritance or not. Calvin.
- Crewdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The aggregate of seamen who man a ship or vessel, including the master and officers; or it may mean the ship's company, exclusive of the master or exclusive of the master and all o
In maritime law. A list of the crew of a vessel; one of a ship's papers. This instrument is required by act of congress, and sometimes by treaties. Rev. St. U. S §§ 4374, 4.375 (In
- Crierdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
An officer of a court, who makes proclamations. His principal duties are to announce the opening of the court and its adjournment and the fact that certain special matters are abou
Rehearse the concord or peace. A phrase used in the ancient proceedings for levying fines. It was the form of words by which the justice before whom the parties appeared directed t
CON. An abbreviation for "criminal conversation," of very frequent use, denoting adultery. Gibson v. Cincinnati Enquirer, 10 Fed. Cas. 311.
- Crimedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole communit
- Crime against naturedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The offense of buggery or sodomy. State v. Vicknair, 52 La. Ann. 1921, 28 South. 273 ; Ausman v. Veal, 10 Ind. 355, 71 Am Dec. 331; People v. Williams, 59 Cal. 307.
Lat. Crime, Also an accusation or charge of crime. —Crimen furti. The crime or offense of theft. —Crimen incendii. The crime of burning, which included not only the modem crime of
- Crimen Falsidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
In the civil law. The crime of falsifying; which might be committed either by writing, as by the forgery of a will or other instrument; by words, as by bearing false witness, or pe
The crime or offense of theft.
The crime of burning, which included not only the modem crime of arson, but also the burning of a man, a beast, or other chattel. Britt, c. 9; Crabb, Eng. Law, 308. —-Crimen innomi
In criminal law. The crime of lese-majesty, or Injuring majesty or royalty; high treason. The term was used by the older English law-writers to denote any crime affecting the king'
3 Inst. 210. The crime of treason exceeds ali other crimes in its punishment
Crime vitiates everything which springs from it. Henry v. Bank of Salina, 5 Hili (N. Y.) 523, 531.
The crime of rape.
The offense of robbery.
The crime carries the person, (i e., the commission of a crime gives the courts of the place where it is committed jurisdiction over the person of the offender.) Pcople v. Adams, 3
- Criminaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
adj. That which pertains to or is connected with the law of crimes or the administration of penal justice or which relates to or has the character of crime. Charleston v. Beller, 4
A term which is equivalent to crime; or is sometimes used with a slight softening or glossing of the meaning, or as importing a possible question of the legal guilt of the deed.
The proceeding by which a party charged with a public offense is accused and brought to trial and punishment is known as a "criminal action." Pen. Code Cal. § 683. A criminal actio
An action, suit, or cause instituted to punish an infraction of the criminal laws. State v. Smalls, 11 S. C. 279; Adams v. Ashby, 2 Bibb. (Ky.) 07; U. S. v. Three Tons of Coal, 28
An accusation of crime, formulated in a written, complaint, information, or indictment, and taking shape in a prosecution. U. S. v. Patterson. 150 U. S. 65 , 14 Sup. Ct. 20, 37 L E
- Criminal conversationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Burrill (1850)
Adultery, considered in its aspect of a civil injury to the husband entitling him to damages; the tort of debauching or seducing of a wife. Often abbreviated to crim. con.
- Criminal informationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A formal accusation of crime, differing from an indictment only in that it is preferred by a prosecuting officer instead of by a grand jury. U. S. v. Borger (C. C.) 7 Fed. 193 ; St
- Criminal intentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The intent to commit a crime ; malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property. People v. Moore, 3 N. Y. Cr. R. 458.
- Criminaliterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Lat Criminally. This term is used, in distinction or opposition to the word "civiliter," civiliy, to distinguish a criminal llability or prosecution from a civll one.
That which exists for the trial and punishment of criminal offenses; the authority by which judicial officers take cognizance of and decide criminal cases. Ellison v. State, 125 In
That branch or division of law which treats of crimes and their punishments. In the plural —"criminal laws" —the term may denote the laws which define and prohibit the various spec
This act was passed in 1871, (34 & 35 Viet. c. 32,) to prevent and punish any violence, threats, or molestation, on the part either of master or workmen, in the various relations a
The statutes 24 & 25 Viet. cc. 94-100, passed in 1861, for the consolidation of the criminal law of England and Ireland. 4 Steph. Comm. 207. These important statutes amount to a co
In Scotch law. A process used as the commencement of a criminal proceeding, in the nature of a summons issued by the lord advocate or his deputy. It resembles a criminal informatio
A libel which is punishable criminally; one which tends to excite a breach of the peace. Moody v. State, 94 Ala. 42, 10 South. 670; State v. Shaffnor, 2 Pen-newill (Del.) 171, 44 A
Negligence of such a character, or occurring under such circumstances, as to be punishable as a crime by statute; or (at common law) such a flagrant and reckless disregard of the s
In medical jurisprudence. An operation to procure an abortion. Miller v. Bayer, 94 Wis. 123, 68 N. W. 869.
- Criminal proceduredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The method pointed out by law for the apprehension, trial, or prosecution, and fixing the punishment, of those persons who have broken or violated, or are supposed to have broken o
One instituted and conducted for the purpose either of preventing the commission of crime, or for fixing the guilt of a crime alreadv committed and punishing the offender; as disti
Process which issues to compel a person to answer for a crime or misdemeanor. Ward v. Lewis, 1 Stew. (Ala.) 27.
An action or proceeding instituted in a proper court on behalf of the public, for the purpose of securing the conviction and punishment of one accused of crime. Har-ger v. Thomas,
Crimes are extinguished by death.
To charge one with crime; to furnish ground for a criminal prosecution; to expose a person to a criminal charge. A witness cannot be compelled to answer any question which has a te
One who decoys and plunders sailors under cover of harboring them. Wharton.
The crosier or pastoral staff.
A cross-bearer, who went bsfore the prelate. Wharton.
A foreign coin of base metal, prohibited by statute 27 Edw. I. St 3, from being brought into the realm. 4 Bl. Comm. 98; Crabb, Eng. Law, 176.
In old Scotch law. A weregild. A composition, satisfaction or assythment for the slaughter of a man.
- Croftdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A little close adjoining a dwelling-house, and inclosed for pasture and tillage or any particular use. Jacob. A small place fenced off in which to keep farm-cattle. Spelman. The wo
Pilgrims; so called as wearing the sign of the cross on their upper garments. Britt, c. 122. The knights of the order of St John of Jerusalem, created for the defense of the pilgri
A crofter; one holding a croft.
The products of the barvest in corn or grain. Emblements. Insurance Co. v. Debaven (Pa.) 5 Atl. 65; Goodrich v. Stevens, 5 Lans. (N. Y.) 230.
- Cropperdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
One who, having no interest in the land, works it in consideration of receiving a portion of the crop for hls labor. Fry v. Jones, 2 Rawle (Pat) 11; Wood v. Garrison (Ky.) 62 S. W.
A mark made by persons who are unable to write, to stand instead of a signature; usually made in the form of a Maltese cross. As an adjective, the word is applied to various demand
- Cross-actiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An action brought by one who is defendant in a suit against the party who is plaintiff in such suit, upon a cause of action growing out of the same transaction which is there in co
- Cross-appealdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Where both parlies to a judgment appeal therefrom, the appeal of each is called a "cross-appeal" as regards that of the other. 3 Steph. Comm. 581.
In code practice. Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract or transaction upon which the action is brought, or
A check crossed with two lines, between which are either the name of a bank or the voids "and company," in full or abbreviated. In the former case, the banker on whom it is drawn m
- Cross-errorsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Errors being assigned by the respondent in a writ of error, the errors assigned on both sides are called "cross-errors." As to cross "Appeal," "Bill," "Complaint," "Examination," "
- Cross-examinationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In practice. The examination of a witness upon a trial or hearing, or upon taking a deposition, by the party opposed to the one who produced him, upon his evidence given in chief,
One which is brought by a defendant in a suit agninst a plaintiff in or against other defendants in the same suit, or against both, touching the matters in question in the original
- Cross-remainderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Where land is devised or conveyed to two or more persons as tenants in common, or where different parts of the same land are given to such p'ersons in severalty, with such limitati
These were rules where each of the opposite litigante obtained a rule nisi, as the plnintiff to increase the damages, and the defendant to enter a nonsuit. Wharton.
The severeign power in a monarchy, especially in relation to the punishment of crimes. "Felony is an offense of the crown." Finch, Law, b. 1, c. 16. An ornamental badge of regal po
In English law. Criminal prosecutions on behalf of the crown, as representing the public; causes in the criminni courts.
- Crown cases reserveddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. Questions of law arising in criminal trials at the assizes, (otherwise than by way of demurrer,) and not decided there, but reserved for the consideration of the co
In English law. The court in which the crown cases, or criminal business, of the assizes is transacted.
In English law. Debts due to the crown, which are put, by various statutes, upon a different footing from those due to a subject.
In old Scotch law. Co.roner; a coroner. "Crowner's quest," a coroner's inquest
The demesne lands of the crown.
- Crown lawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Criminal law in England is sometimes so termed, the crown being always the prosecutor in criminal proceedings. 4 Bl. Comm. 2.
- Crown officedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The criminni side of the court of king's bench. The king's attorney in this court is called "master of the crown office." 4 Bl. Comm. 308.
One of the offices of the English high court of chancery, now transferred to the high court of justice. The principal official, the clerk of the crown, is an officer of parliament,
- Crown sidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The criminal department of the court of king's bench ; the civil department or branch being called the "plea side." 4 Bl. Comm. 265.
- Crown solicitordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In England, the solicitor to the treasury acts, in state prosecutions, as solicitor for the crown in preparing the prosecution. In Ireland there are officers called "crown solicito
In old English law. Marsh land. Blounfc
- Cruce Signatidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In old English law. Signed or marked with a cross. Pilgrims to the holy land or crusaders; se called because they wore the sign of the cross upon their garments. Spelman.
Such punishment as would amount to torture or barbarity, and any cruel and degrading punishment not known to the common law, and also any punishment so disproportionate to the offe
The intentional and malicious infliction of physical suffering upon living creatures, particularly human bsings; or, as applied to the latter, the wanton, malicious, and unnecessar
The infliction of physical pain, suffering, or death upon an animal, when not necessary for purposes of training or discipline or (m the case of death) to procure food or to releas
- Cruisedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
A voyage undertaken for a given purpose; a voyage for the purpose of making captures jure belli. The Brutus, 2 Gall. 538, Fed. Cas. No. 2,060. A voyage or expedition in quest of ve
To call out aloud; to proclaim; to publish; to sell at auction. "To cry a tract of land." Carr v. Gooch, 1 Wash. iVa.) 335, (260.) A clamor raised in the pursuit of an escaping fel
The hue and cry raised by the people in ancient times, where a felony had been committed and the constable was absent.