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
- Forejudgedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law and practice. To expel from court for some offense or misconduct. When an officer or attorney of a ceurt was expelled for any offense or for not appearing to an
- Forejudgerdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English practice. A judgment by which a man is deprived or put out of a thing; a judgment of expulsion or banishment.
- Foremandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The presiding member of a grand or petit jury, who speaks or answers for the jury.
Belonging to courts of justice,
- Forensic Medicinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Or medical jurisprudence, as it is also called, is "that science which teaches the application of every branch of medical knowledge to the purposes of the law; hence its limits are
In the civil law. Belonging to or connected with g court; forensic. forensis homo, an advocate; a pleader of causes; one who practices in court Calvin. In old Scotch law. A strange
Is used in Scotch law as aforesaid is in English, and sometimes, in a plural form, foresaids. 2 How. State Tr. 715. Forsaidis occurs in old Scotch records. "The Loirdis assesouris
Foresaken; disavowed. 10 Edw. II. c. 1.
That part of the land adjacent to the sea which is alternately covered and left dry by the ordinary flow of the tides; i. e., by the medium line between the greatest and least rang
- Forestdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In old English law. A certain territory of wooded ground and fruitful pastures, privileged for wild beasts and fowls of forest, chase, and warren, to rest and abide in the safe pro
A duty or tribute payable to the king's foresters. Cowell.
- Forestagiumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A duty or tribute payable to the king's foresters. Co.weli.
- Forestalldefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
To intercept or obstruct a passenger on the king's highway. Cowell To beset the way of a tenant so as to prevent his coming on the premises. 3 Bl. Comm. 170. To intercept a deer on
In old English law. Obstruction ; hindrance;' the offense of stopping the highway ; the hindering a tenant from coming to his land; intercepting a deer bsfore it can regain the for
- Forestallingdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
Obstructing the highway. Intercepting a person on the highway.
The act of the buying or contracting for any merehandise or provision on its way to the market, with the intention of selling it again at a higher price; or the dissuading persons
- Forestariusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. A forester. An officer who takes care of the woods and forests. De forestario apponendo, a writ which lay to appoint a forester to prevent further commission of was
- Forest courtsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. Courts in-stifuted for the government of the king's forest in different parts of the kingdom, and for the punishment of all injuries done td the king's deer or veni
- Foresterdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A sworn officer of the forest, appointed by the king's letters patent to walk the forest, watching both the vert and the venison, attaching and presenting ali trespassers against t
The system or body of old law relating to the royal forests.
- Forethought Felonydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In Scotch law. 'Murder committed in consequence of a previous design. Ersk. Inst. 4, 4, 50; Bell.
- Forfangdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. The taking of provisions from any per sen in fairs or markets before the royal purveyors were served with necessaries for the sovereign. Cowell. Also the seizin
- Forfeitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To lose an estate, a franchise or other property belonging to one, by the act of the law, and as a consequence of some misfeasance, negligence or omission. Cassell v. Crothers, 193
Liable to be forfeited; subject to forfeiture for non-user, neglect, crime, etc.
- Forfeituredefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
The loss of property or Ilfe in consequence of crime. —Forisfactura plena. A forfeiture of all a man's property. Things which were forfeited. Du Cange. Spelman. 1. A punishment ann
A quit-rent; a small reserved rent in money. Jacob.
- Forgedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To fabricate, construct or prepare one thing in imitation of another thing, with the intention of substituting the false for the genuine or otherwise deceiving and defrauding by th
- Forgerydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In criminal law. The falsely making or materially altering, with intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a lega
The stafute 33 & 34 Viet. c. 58, was passed for the punishment of forgers of stock certificates, and for extending to Scotland certain provisions of the forgery act of 1861. -Mozle
In old records. A herd-land, headland or foreland. Cowell.
In the ctvH law. Discussions or arguments before a court. 1 Kent, Comm. 530.
Lat Foreign; exterior; outside; extraordinary. Servitium fo-rinsecum, the payment of aid, scutage, and other extraordinary military services. Fo-rinsecum manerium, the manor or tha
In old English law. Exterior ; foreign; extraordinary. In feudal law, the term "furinsic services" comprehended the payment of extraordinary aids or the rendition of extraordinary
- Forisdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Lat. Abroad ; out of doors ; on the outside of a place; without; extrinsic.
In old English law. Banished.
Lat. To forfeit; to lose an estate or other property on account of some criminal or illegal act. To confiscate. To act beyond the law, i. e., to transgress or infringe the law; to
Forfeited. Bona fo-risfacta, forfeited goods. 1 Bl. Comm. 299. A crime. Du Cange; Spelman.
A crime or offense through which property is forfeited. A flne or punishment in money.
A forfeiture of all a man's property. Things which were forfeited. Du Cange. Spelman.
A criminal. One who has forfeited his life by commission of a capital offense, Spelman. —Forisfactus servus. A slave who has been a free man, but has forfeited hls freedom by crime
A slave who has been a free man, but has forfeited hls freedom by crime. Du Cange.
In old English and Scotch law. Literally, to put out of a family, (forts familiam ponere.) To portion off a son, so that he could have no further claim upon his father. Gianv. lib.
- Forisfamiliateddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. Portioned off. A son was said to be forisfamiliated (forisfamiliari) if his father assigned him part of his land, and gave him seisin thereof, and did this at t
In old English law. Put out of a family; portioned off; emancipated; forisfamiliated. Bract, fol. 64.
In old English law. Forejudger. A forejudgment. A Judgment of court whereby a man is put out of possession of a thing. Co. Litt. 100b.
Forejudged; sent from court; banished. Deprived of a thing by judgment of court. Bract, fol. 250b; Co. Litt. 100b; Du Cange.
To forswear; to abjure; to abandon. —Forisjurare parentilam. To remove oneself from parental authority. The person who did this lost his rights as heir. Du Cange. — Provinciam fori
To remove oneself from parental authority. The person who did this lost his rights as heir. Du Cange.
See Forejudge.
L. Fr. In old English law. to forswear; to abjure. —Forjurer royalme. To abjure the realm. Britt, cc. 1, 16.
To abjure the realm. Britt, cc. 1, 16.
Land in the diocese of Hereford, which had a peculiar custom attached to it, but which has been long since disused, although the name is retained. But. Surv. 56.
1. A model or skeleton of an instrument to be used in a Judicial proceeding, containing the principal necessary matters, the proper technical terms or phrases, and whatever else is
- Formadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Lat. Form; the prescribed form of judicial proceedings. —Forma et flgnra judicii. The form and shape of judgment or judicial aotion. 3 Bl. Comm. 271. —Forma pauperis. See In Forma
Form gives being. Called "the old physical maxim." Lord Henley, Ch., 2 Eden, 99.
The form and shape of judgment or judicial aotion. 3 Bl. Comm. 271.
Relating to matters of form; as, "formal defects;" inserted, added or Joined pro forma. See Pasties.
Legal form is essential form. 10 Coke, 100.
In England, robes worn by the magistrates of a city or corporation, etc., on solemn occasions. Enc. Lond.
The conditions, in regard to method, order, arrangement, use of technical expressions, performance of specific acts, etc., which are required by the law in the making of contracts
Where form is not observed, a nullity of the act is inferred. 12 Coke, 7. Where the law prescribes a form, the nonobservance of it is fatal to the proceeding, and the whole becomes
- Forma pauperisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
See In Forma Pauperis.
In canon law. Canonical letters. Spelman.
- Formata Breviadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Formed write; writs of form. See Brevia Formata.
- Formed Actiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
An action for which a set form of words is prescribed, which must be strictly adhered to. 10 Mod. 140, 141.
In criminal law, and particularly with reference to homicide, this term means a deliberate and fixed intention to kill, whether directed against a particular person or not. Mitchel
- Formedondefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
An ancient writ in English law which was available for one who had a right to lands or tenements by virtue of a gift in tail. It was in the nature of a writ of right, and was the h
A writ of formedon which lay where a gift was made in tail, and the tenant in tail aliened the lands or was disseised of them and died, for the heir in tail to recover them, agains
A writ of formedon which lay where a man gave lands to another for life or in tail, with remainder to a third person in tail or in fee, and he who had the particular estate died wi
A writ of formedon which lay where there was a gift in tail, and afterwards, by the death of the donee or his heirs without issue of his body, the reversion fell in upon the donor,
A certain weight of above 70 lbs., mentioned in 51 Hen. III. Cowell.
An adjudication or recovery in a former action. See Res Judicata.
A previous trini and conviction of the same offense as that now charged; pleadable in bar of the prosecution. Slate v. Ellsworth, 131 N. C. 773, 42 S. E. 699. 92 Am. St. Rep. 790;
Lat Fear of danger. 1 Kent, Comm. 23.
The words, language, or frame of a statute, and hence the inhibition or command which it may contain; used in the phrase (in criminal pleading) "against the form of the statute in
The general designation of the various species or kinds of personal actions known to the common law, such as trover, trespass, debt, assumpsit, etc. These differ in their pleadings
- Formuladefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In common-law practice, a set form of words used in Judicial proceedings. In the civll law, an action. Calvin.
- Formulariesdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Collections of formulœ or forms of forensic proceedings and instruments used among the Franks, and other early continental nations of Europe. Among these the formulary of Marculphu
In Roman law. When the legis actiones were proved to be inconvenient, a mode of procedure called "per formulas," (i. e., by means of formulœ,) was gradually introduced, and eventua
The fee taken by a lord of his tenant, who was bound to bake in the lord's common oven, (in fumo domini,) or for a commission to use his own.
- Fornicationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
Uniawful sexual Intercourse between two unmarried persons. Further, lf one of the persons be married and the other not, it is fornication on the part of the latter, though adultery
Lat A brothel; fornication.
In Spanish law. An oven. Las Partidas, pt. 3, tit. 32, 1. 18.
- Forodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In Spanish law. The place where tribunals hear and determine causes,—exercendarum litium locus.
In Spanish law. Emphyteutic rents. Schm. Civll Law, 309.
- Forprisedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
An exception; reservation; excepted; reserved. Anciently, a term of frequent use in leases and conveyances. Cowell; Blount. In another sense, the word is taken for any exaction.
A strip of land lying next to the highway.
Waterfalls. Camden, Brit.
- Forspeakerdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An attorney or advocate in a causa Blount; Whishaw.
In old English law. Prolocutor; paranymphus.
- Forstaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
See Forestall.
- Forstellarius est pauperum depressor et totius communitatis et patriae publiens inimiensdefined inBlack's (1910)
3 Inst. 196. A forestaller is an oppressor of the poor, and a public enemy of the whole community and country.
- Forsweardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
In criminni law. To make oath to that which the deponent knows to be untrue. This term is wider in its scope than "perjury," for the latter, as a technical term, includes the idca
This term means "something more than a mere military camp, post or station. The term implies a fortification or a place protected from attack by some such means as a moat, wall or
A fortress or place of strength, which anciently did not pass without a special grant 11 Hen. VII. c. 18.
In old Scotch law. A fortaliee; a castle. Properly a house or tower which has a battieinent or a ditch or moat about it.
- Forthcomingdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
In Scotch law. The action by which an arrestment (garnishment) is made effectual. It is a decree or process by which the creditor is given the right to demand that the sum arrested
- Forthcoming Bonddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A bond given to a sheriff who has levied on property, conditioned that the property shall be forthcoming, i. e., produced, when required. On the giving of such bond, the goods are
- Forthwithdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
As soon as, by reasonable exertion, confined to the object, a thing may be done. Thus, when a defendant is ordered to plead forthwith, he must plead within twenty-four hours. When
Force, In old English law. Force used by an accessary, to enable the principal to commit a crime, as by binding or holding a person while another killed him or by aiding or counsel