The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 11,589 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
- Corporatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A member of a corporation. CORPORE ET ANIiMO. See "Anlmo et Corpore." CORPOREAL HEREDITAiWENTS. Substantial, permanent objects which may be inherited. The term "land" will include
- Corporeal Propertydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
—In Civil Law. That which consists of such subjects as are palpable. In Common Law. The term to signify the same thing is "property in possession.'' It differs from incorporeal pro
The body of ambassadors and diplomatic persons. Whiarton.
- Corpsedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
The dead body of a human being. 1 Russ. & R. 366, note; 2 Term R. 733; 1 Leach, C. C. 497; 8 Pick. (Mass.) 370; Dig. 47. 12. 3. 7; Id. 11. 7. 38; Code, 3. 44. 1. CORPUS (Lat. a bod
- Corpus comitatusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law. The body,of a county. Cro. Jac. 514; 5 How. (U. S.) 453; 5 Mason (U. S.) 290. The county at large, as distinguished from any particular locality within it.
- Corpus Cum Causadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See "Habeas Corpus."
- Corpus Delictidefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The body of the offense. The offense itself, as distinguished from the participation of any person therein. Thus, the corpus delicti of homicide is that a person has died by violen
HOUSE OF. A reformatory.
In Spanish law. A magistrate who took cognizance of various misdemeanors, and of civil matters. 2 White, New Recop. 53.
In civil law. Two or more bound or secured by the same obligation. Correi credendi are creditors secured by the same obligation. Correi debendi are two or more persons bound as pri
The letters written by one person to another, and the answer thereto. See "Letter."
In evidence. To sustain by the introduction of other evidence to the same mact Corroborative evidence is "such evidence as tends in some degree of CORRUPTIO OPTIMI EST PESSIMAi Cor
- Corruptiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
An act done with an intent to give some advantage inconsistent ■with official duty and the rights of others. It includes bribery, but is more comprehensive, because an act may be c
- Corruption Of Blooddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The incapacity to inherit, or pass an inheritance, in consequence of an attainder to which the party has been subject.
A witness who falsely testifies "wilfully and for the purpose of concealing the truth" brings himself within the meaning of "corruptly" testifying. 192 111. 516 (aflf. 94 111. App.
- Corse-Presentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In old English law, A gift of the second-best beast belonging to a man at his death, taken along with the corpse, and presented to the priest. St. 21 Hen. VIII. c. 6; Cowell; 2 Bl.
- Corsneddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A piece of barley bread, which, after the pronunciation of certain imprecations, a person accused of crime was compelled to swallow. A piece of cheese or bread
The name of the legislative assemblies of Spain and Portugal.
The bark of a tree; the outer covering of anything. The letter of an instrument, as distinguished from its spirit.
In old records. A court or hall. Spelman.
or CORTARIUM. In old records. A yard or court adjoining a country farm. Spelman.
In French law. Gratuitous labor exacted from the villages or communities, especially for repairing roads, constructing bridges, etc. Corvee eeigneuriale are services due the C08A J
In feudal law. A prerogative or seignorial right of a lord, as to lie and feast himself and his followers at his tenants' houses. Cowell.
In feudal law. A custom or tribute.
- Coseningdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. An offense whereby anything is done deceitfully whether in or out of contracts, which cannot be fitly termed by an especial name. Called in the civil law stelli
- Cosheringdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A feudal prerogative or custom for lords to lie and feast themselves at their tenants' houses. Cowell.
COUSINAGE, or COSENAGE. A writ which lay where the father of the great-grandfather of the demandant had been disseised, and the heir brought his writ to recover nossession. Pitzh.
- Costdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
The price actually paid for goods. 18 N. Y. 337.
A joint promisor.
- Costsdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A pecuniary allowance made by positive law to the successful party to a suit, or to some distinct proceeding in a suit in consideration of, and to reimburse, his probable expense.
- Costs De Incrementodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Increased costs; costs of increase; costs adjudged by the court in addition to those assessed by the jury. 13 How. (U. S.) 372. The cost of the suit, etc., recovered originally und
In Spanish law. Custom! an unwritten law established by usage, during a long space of time. Las Partidas, pt. 1, tit. 2, lib. 4. COSURETIES^ Joint sureties; two or more sureties to
In old English law. A cottager. Spelman.
Anciently, a kind of peasantry who were outlaws; robbers. Blount.
A cottager. Coterellus was distinguished from cotarms in this, that the cotarius held by socage tenure, but the coterellus held in mere villenage, and his person, issue, and goods
A place where there is no wood.
- Cotsethlanddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. The seat of a cottage, including any land belonging to it.
- Cotsetusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A cottager or cottage holder who, by servile tenure, was bound to work for the lord. Cowell.
- Cottagedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
COTA, or COTTAGIUM. In old English law. A small house without any land belonging to it, whereof mention is made in St. 4 Edw. I. But, by St. 31 Eliz. c. 7, no man may build such co
Boors; husbandmen. Domesday Book.
Boors; husbandmen, said to have been levant and couchant when they have been upon another person's land, damage feasant, one night at least. 3 Bl. Comm. 9.
or COURCHER. A factor who continues abroad for traffic (37 Edw. III. c. 16); also the general book wherein any COUNCIL (Lat. concilium, an assembly). The legislative body in the go
By Act 30 & 31 Vict. c. 105, power is given for the crown to grant licenses for the formation of councils of conciliation and, arbitration, consisting of a certain number" of maste
Under the English judicature act of 1873 (section 75) an annual council of the judges of the supreme court is to be held, for the purpose of considering the operation of the new pr
A court instituted by Henry VIII. in 1537, to administer justice in Yorkshire and the four other northern counties. Under the presidency of Stratford, the court showed great rigor,
- Counseldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The counsellors who are associated in the management of a particular cause, or who act as legal advisers in reference to any matter requiring legal knowledge and judgment. The term
In equity pleading. The signature of counsel required to be appended to a bill to denote to the court that he had perused the draft of it, or been informed of the contents thereof
An earl. Litt. 61, 181, 335.
- Counterdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
or COMPTER. The name of two prisons formerly standing in London, but now demolished. They were the Poultry Counter and Wood Street Counter. Cowell; Whishaw; Coke, 4th Inst. 248.
- Counter Affidavitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An affidavit made in opposition to one already made. This is allowed in the preliminary examination of some cases.
- Counter-bonddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A bond to indemnify 2 Leon. 90. CbUNtER FEASANCE. The act of forging.
See "Set-0£f."
- Counterfeitdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In criminal law. To make something false in the semblance of that which is true. It always implies a fraudulent intent. Generally applied to the imitation of coin of the realm.
- Counter Letterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)
An agreement to recovery where property has been passed by absolute deed with the intention that it shall COUNTER ROLL (Law Fr. eontreroule, conterrolle; Law Lat. contra rotulus).
- Countermanddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
A change or recalling of orders previously given. Express countermand takes place when contrary orders are given, and a revocation of the prior order is made. Implied countermand t
- Counterpartdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Formerly, each party to an indenture executed a separate deed; that part which was executed by the grantor was called the "original," and the rest the "counterparts." It is now usu
In pleading. A plea to some matter incidental to the main object of the suit, and out of the direct line of pleadings. 2 Wm. Saund. 45h. Thus, counterplea of oyer is the defendant'
- Counter Securitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Security given to one who has become security for another, the condition of which is, that if the one who first became surety shall be damnified, the one who gives the counter secu
- Countersigndefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)
To sign what has already been signed by a superior; to authenticate by an additional signature. 40 111. 167. COUNTEZ (Law Fr. count, or reckon). In old practice. A direction former
COUNTER, or COUNTOUR (Law. Fr. contour, from counter or conter, to relate, recite, or state orally; Law Lat. narrator). In old English practice. An advocate or professional- pleade
- Countydefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
One of the civil divisions of a country for judicial and political purposes. 1 Bl. Comm. 113. Etymologically, it denotes that portion of the country under the immediate government
- County Commissionersdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Certain officers generally intrusted with the superintendence of the collection of the county taxes, and the disbursements made for the county. They are invested by the local laws
- County Corporatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A city or town, with more or less territory annexed, constituting a county by itself. 1 Bl. Comm. 120. Something similar to this exists in this country in regard to Philadelphia, N
In English Law. Tribunals Of limited jurisdiction, originally established under St. 9 & 10 Vict. c. 95. They had, at their institution, jurisdiction of actions for the recovery of
- County Palatinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A county possessing certain peculiar privileges. The owners of such counties have kingly powers within their jurisdictions, as the pardoning crimes, issuing writs, etc. These count
An imposition levied on the occupiers of lands in England, and applied to many miscellaneous purposes, among which the most important are those of defraying the expenses connected
- County Sessionsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
In England. The general quarter sessions of the peace for
"Coupon bonds" are the ordinary form of corporate bond in this country. They are payable to bearer and are provided •with interest warrants, called "coupons," for each installment
Those parts of a commercial instrument which are to be cut, and which are evidence of something connected with the contract mentioned in the instrument. They are generally attached
- Coursedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
The direction of a line with reference to a meridian. Where there are no monuments, the land must be bounded by the courses and distances mentioned in the patent or deed. 4 Wheat.
——Agent. Within the meaning of the rule as to the liability of a principal for the acts of an agent, such acts are within the "course of his employment" when the agent is endeavori
By this takes in going from one port to another, and the shortest way. Marsh. Ins. 185.
What is usually done in the management of trade or business. Men are presumed to act for their own interest, and to pursue the way usually adopted by men generally; hence it is pre
- Court Barondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A domestic court, incident to every manor, to be held by the steward within the manor, for redressing misdemeanors and nuisances therein, and for settling disputes among the tenant
See "Curtesy."
- Court Handdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English practice. The peculiar hand in which the records of courts were written from the earliest period down to the reign of George II. Its characteristics were great stren
- Court Landsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Domains or lands kept in the lord's hands to serve his family. COURT LEET (Law Lat. cuno letae, the court of the leet). A court of record in England, held once or twice in every ye
- Court-Martialdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A military or naval tribunal, which has jurisdiction of offenses against the law of the service, military or naval, in which the offender is engaged. The original tribunal, for whi
- Court Of Admiraltydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
See "Admiralty."
In English law. A court of peculiar constitution, held by a bailiff appointed by the king, in which alone the tenants of the king's demesne could be impleaded. 2 Burrows, 1046; 1 S
In American law. An appellate tribunal, which, in some states, as Kentucky, Maryland, and New York, is the court of last resort, and in others, as Illinois, is an intermediate appe
- Court Of Attachmentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The lowest of the three courts held in the forests. The highest court is called "Justice in Eyre's Seat;" the middle, the "Sweinmote;" and the lowest, the "Attachment." Sharswood,
Ecclesiastical courts, in which the primates once exercised in person a considerable part of their jurisdiction. They seem to be now obsolete, or at least to be only used on the ra
- Court Of Augmentationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A court established by 27 Hen. VIII. c. 27, for managing the revenues and possessions of all monasteries whose income was under two hundred pounds a year (which by an act of parlia
- Court Of Bankruptcydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A court of record, in England, with jurisdiction in bankruptcy, primary and appellate, and which is declared a court of law and equity for that purpose. The nature of its constitut
- Court Of Chivalrydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law, An ancient military court, possessing both civil and criminal jurisdiction touching matters of arms and deeds of war. As a court of civil jurisdiction, it was held
- Court Of Common Pleasdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In American Law. A court of original and general jurisdiction for the trial of issues of fact and law according to the principles of the common law. Courts of this name still exist
- Court Of Convocationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In E^nglish ecclesiastical law. A convocation or ecclesiastical synod, which is in the nature of an ecclesiastical parliament. all the bishops, deans, and archdeacons of their prov
- Court Of Equitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A court which administers justice according to the principles of equity. As to the constitution and jurisdiction of such courts, see "Court of Chancery."
- Court Of Exchequerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In English Law. A superior court of record, administering justice in questions of law and revenue. It is the lowest in rank of the three superior common-law courts of record, and h
- Court Of Exchequer Chamberdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
In English law. A court for the correction and prevention of errors of law in the three superior common-law courts of the kingdom. A court of exchequer chamber was first erected by
In ecclesiastical law. A tribunal, in England, belonging to the archbishop. It does not hold pleas in any suits, but creates rights to pews, monuments, and other mortuary matters.
- Court Of Hustingsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
In English Law. The county court in the city of London. It is held nominally before the lord mayor, recorder, and aldermen, but the recorder is practically the sole judge. It has a
In English Law. A court sometimes appointed by the crown to ascertain the propriety of resorting to ulterior proceedings against a party charged before a courtmartial. See 2 Steph.
In English law. The principal of the forest courts. It was held before the chief justice in eyre, ar his deputy, to hear and determine all _ trespasses within the forest, and all c
In Scotch law. A court 'of general criminal and limited civil jurisdiction. It consists of the lord justice general, the lord justice clerk, and five other members of the court of
- Court Of King's Benchdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. The supreme court of common law in the kingdom. It is one of the successors of the aula regis, and received its name, it is said, because the king formerly sat in i
- Court Of Nisi Priusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In American law. A court of original civil jurisdiction in the city and county of Philadelphia, held by one of the judges of the supreme court of the state. See, also, "Courts of A
In American law. A court which has jurisdiction of the probate of wills, and the regulation of the management of decedents' estates. Such courts exist in Georgia, New Jersey, South
- Court Of Orphansdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. The court of the lord mayor and aldermen of London, which has the care of those orpl ans whose parent died in London, and was free of the city. By the custom of Lon