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
- Court Of Oyer And Terminerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
In American law. The name of courts of criminal jurisdiction in several of the states of the American Union, as in Georgia, New Jersey, and New York.
An inferior court, possessing a very ancient jurisdiction over causes of action arising within the borough of Liverpool. It appears to have been also called the "borough court of L
- Court Of Peculiarsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. A branch of the court of arches, to which it is annexed. It has jurisdiction of all ecclesiastical causes arising in the peculiars of Canterbury or other dioceses w
A court of the county palatine of Durham, having a local common-law jurisdiction. It was abolished by the judicature act, which transferred its jurisdiction to the high court. Judi
- Court Of Policies Of Insurancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
A court of special jurisdiction which took cognizance of cases involving claims made by those insured upon policies in the city of London.
- Court Of Probatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In American Law. A court which has jurisdiction of the probate of wills, and the regulation of the management and settlement of decedents' estates, as well as a more or less extens
- Court Of Queen's Benchdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See "Court of King's Bench."
A court instituted for the purpose of correcting errors committed by trial courts. 195 111. App. 523.
In Scotch Law. The supreme court of civil jurisdiction in Scotland. The full title of the court is "council and session." It was established in 1425. In 1469 its jurisdiction was t
- Court Of Star Chamberdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
In English law. A court which was formerly held by divers lords, spiritual and temporal, who were members of the privy council, together with two judges of the courts of common law
- Court Of The Coronerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. A court of record, to inquire, when any one dies in prison, or comes to a violent or sudden death, by what manner he came to his end. 4 Steph. Comm. 341; 4 Sharswoo
In English law. A court which had jurisdiction of causes to which the domestic servants were parties. It was held by the steward of the king's household, as judge, and the marshal
- Court Of Wards And Liveriesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
In English law. A court of record in England, which had the supervision and regulation of inquiries concerning the profits which arose to the crown from the fruits of tenure, and t
Ecclesiastical courts (g. v.)
- Courts Of Assize And Nisi Priusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
In English law. Courts composed of two or more commissioners, called "judges of assize" (or of assize and nisi prius), who are twice in every year sent by the queen's (or king's) c
See "Courts of Requests." COURTS OF OYER AND TERMINER and general gaol delivery. They are held before commissioners selected by the queen, among whom are usually two justices of th
or COURTS of conscience. In English law. Courts of special jurisdiction, constituted by act of parliament in the city of London and other towns, for the recovery of small debts. Th
Courts for the heading of appeals by owners or masters of ships, from orders for the detention of unsafe ships, made by the English board of trade under the merchant shipping act o
In English law. Courts of limited local jurisdiction, formerly held before the mayor and jurats (aldermen) of the Cinque Ports. A writ of error lay to the lord warden in his court
In English law. See "Chancellors' Courts in the Two Universities."
The superior courts, both of law and equity, were for centuries fixed at Westminster, an ancient palace of the monarchs of England. Formerly, all the superior courts were held befo
- Cousindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The son or daughter of the brother or sister of one's father or mother. The issue, respectively, of two brothers or two sisters, or of a brother and a sister. Those whc descend fro
- Cousinagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
See "Cosinage." COUSTUM (Fr.) Custom; duty; toll. 1 Sharswood, Bl. Comm. 314. COUSTUM I ER (Fr.) A collection of customs and usages in the old Norman law.
Those which run with the land.
A covenant which is conversant about some collateral thing that doth nothing at all, or riot so immediately concern the thing granted; as to pay a sum of money in gross, etc. Shep.
- Covenanteedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
One in whose favor a covenant is made.
- Covenant For Quiet Enjoymentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
An assurance against the consequences of a defective title, and of any disturbances thereupon. Piatt, Cov. 312. By it, when general in its terms, the covenantor stipulates at all e
A covenant which is conversant about the land, and knit to the estate in the land; as that the thing demised shall be quietly enjoyed, shall be kept in reparation, shall not be ali
- Covenant Not To Suedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
One entered into by a party who has a cause of action at the time of making it, by which he agrees not to sue the party liable to such action. A perpetual covenant not to sue is on
An assurance by the covenantor that the grantor has sufficient capacity and title to convey the estate which he by his deed undertakes to convey.
An assurance to the grantee that the grantor has the very estate, both in quantity and quality, which he professes to convey. Piatt, Cov. 306. 134 111. App. 548. It has given place
- Covenant Of Warrantydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An assurance by the grantor of an estate that the grantee shall enjoy the same without interruption by virtue of paramount title. 2 Jones (N. C.) 203; 3 Duer (N. Y.) 464. It is not
- Covenantordefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
One who becomes bound to perform a covenant.
A covenant in a deed binding the heirs of the covenantor, and passing to assignees, or to the purchaser. 2 Bl. Comm. 304; 4 Kent, Comm. 471, 472. A covenant which so runs with the
A covenant which goes with the land (conveyed by the deed in which it is expressed), as being annexed to the estate, and which cannot be separated from the land, and transferred wi
Those in aid of the title to property, usually land, conveyed or sold. They are "covenant of seisin," "covenant against incumbrances," ranty," and "covenant of right to convey'' (9
- Covenants Performeddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In pleading. A plea to an action of covenant, allowed in the state of Pennsylvania, whereby the defendant, upon informal notice to the plaintiff, may give anything in evidence whic
- Covenant To Conveydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A covenant by which the covenantor undertakes to convey to the covenantee the estate described in the covenant, under certain circumstances. This ' form of conditional alienation o
- Coventry Actdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The common name for St. 22 & 23 Car. II. c. 1, against maiming by lying in wait, it having been enacted in consequence of an assault on Sir John Coventry in the street, and slittin
- Covertdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Covered; protected; sheltered. A pound covert is one that is close or covered over, as distinguished from pound overt, which is open overhead. Co. Litt. 47b; 3 Bl. Comm. 12. A feme
- Covert Barondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)
A wife. So called from being under the protection of her husband, baron, or lord.
- Coverturedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The condition or state of a married woman. During coverture, the civil existence of the wife is, for many purposes, merged in that of her husband. See "Abatement;" "Parties."
- Covindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A secret contrivance between two or more persons to defraud and prejudice another of his rights. Co. Litt. 357b; Comyn, Dig. "Covin" (A); 1 Viner, Abr. 473. See "Collusion;" "Fraud
Pusillanimity; fear; misbehavior through fear in relation to some duty to be performed before an enemy. O'Brien, Court-Martial, 142. By both the army and navy regulations of the Un
- Cranagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A toll paid for drawing merchandise out of vessels to the wharf. So called because the instrument used for the purpose is called a "crane." 8 Coke, 46.
Gross. Crassa negligentia, gross negligence; crassa ignorantia, gross ignorance.
or CRASTINO (Lat. tomorrow). On the day after. The return day of writs is made the second day of the term; the first day being some saint's day, which gives its name to the term. I
An Iron gate before a prison. 1 Vent. 304.
- Cravedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
To ask; to demand. This word is frequently used in pleading; as, to crave oyer of a bond on which the suit is brought; and in the settlement of accounts the accountant general crav
- Cravendefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
CRAVENT, or CRAVANT (from Saxon crafan, to crave, beg, or implore). In old English law. A word of obloquy and disgrace, in the ancient trial by battel, on the uttering of which by
A foreign merchant; but generally taken for one who has a stall in a fair or market. Blount.
We create. One of the words by which a corporation in England was formerly created by the king. 1 Bl. Comm. 473. CREANCE (Law Fr. from ereier, to believe). Belief; persuasion; trus
or CREANSOR. One who trusts or gives credit; a creditor. Old Nat. Brev. 66; Britt. cc. 28, 78.
Papers which give a title or claim to confidence. In International Law. The Instrustate or prince to whom they are addressed. If the state or prince receive the minister, he can be
- Credibilitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
In a witness. Worthiness of belief, as distinguished from competency or capacity to testify.
Within the meaning of the rule that where a witness has wilfully or corruptly sworn falsely the jury may disregard his testimony unless corroborated by "credible evidence," the quo
One who, being competent to give evidence, is worthy of belief. 5 Mass. 219; 17 Pick. (Mass.) 154; 2 Curt. Ecc. 336.
- Creditdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
The word "credit" is derived from the Latin word "credere." 75 111. App. 665. (1) The confidence reposed in the ability and intention of a purchaser or borrower to make payment at
- 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. 43 111. App. 426. He who has a right to require the fulfillment of an obligation or contract. 122 111. 404; 80 IlL App. 219. One
- Creditors' Billdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
A bill in equity, filed by one or more creditors, by and in behalf of him or themselves, and all other creditors who shall come in under the decree, for an account of the assets an
- 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, which are narrow passages, and have shore on either side of them. Calli
- Crementum Comitatusdefined inCyclopedic (1922)Ballentine's (1916)Kinney (1893)Black's (1891)Burrill (1850)
The increase of the county. The inferease of the king's rents above the old vicontlal rents, for which the sheriffs were to account. Wharton.
- 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. Wharton.
- Crepusculumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Daylight; twilight. The light which immediately precedes or follows the rising or setting of the sun. 4 Bl. Comm. 224. Housebreaking during the period in which there is sunlight en
Time for deliberation allowed an heir to decide whether he would or would not take an inheritance. Calv. Lex.; Taylor.
- Crewdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A ship's complement of men and officeirs. "In its general and popular sense, it is equivalent to 'company.' In the laws sons com})osing the ship's company, including the master; so
- Crierdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A bailiff or other attendant in court, whose duty is to make proclamations in court.
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
CON. An abbreviation for criminal conversation, of very frequent use, denoting adultery; unlawful sexual intercourse with a married woman. Bu Uer, N. P. 27; Bac. Abr. "Marriage" (E
- Crimedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Any act or omission prohibited by public law for the protection of the public, and made punishable by the state in a judicial proceeding in its own name. It is a public wrong, as d
- Crime Against Naturedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Sodomy. CRIMEN (Lat.) A crime. In the civil law. A charge of crime. - — Crimen Falsi. In civil law. A fraudulent alteration, or forgery, to conceal or alter the truth, to the preju
- Crimen Falsidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
In civil law. A fraudulent alteration, or forgery, to conceal or alter the truth, to the prejudice of 'another. This crime may be committed in three ways, namely: by forgery; by fa
CUM QUIS ILlloltur, cul non fuerit ad haec data auctorltas, de eiglllo regis rapto vel invento brevla, eartasve obnslgnaverit. The crimen ftM (crime of falsifying) is when any one
Crime vitiates everything which springs from it. 6 Hill (N. Y.) 523, 531.
Rape. Crimen Roberiae. Robbery. ■—^Crimen Trahit Personam. The crime carries the person; i. e., the commission of a crime gives the courts of the place where it is committed jurisd
- Criminaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
As a noun, one who has been guilty of a crime. As an adjective, violative of the criminal law; pertaining to crime, or to penal jurisprudence.
A crime. Sometimes applied to the act of crime, as severed from the criminal intent.
Whenever one intending to commit a particular crime does an act toward it, but is interrupted, or some accident intervenes, so that he fails to accomplish what he meant, he is said
Acts in disrespect of the court or its process, or tending to bring it into disrepute, or obstruct the administration of justice. 153 111. 647. A criminal contempt embraces all act
- Criminal Conversationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Burrill (1850)
See "Crim. Con."
- Criminal Informationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A criminal suit brought, without the interposition of a grand jury, by the proper officer of the king or state. Cole, Crim. Inf.; 4 Bl. Comm. 398.
- Criminal Intentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See "Intent."
- Criminaliterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Criminally; or criminal process. To charge with crime, or implicate in a charge of crime.
That branch of jurisprudence which treats of crimes and offenses. CRIMINAL LAW CONSOLIDATION Acts. The English acts (24 & 25 Vict. cc. 94-100) whereby the criminal law of the count
In Scotch law. A summons issued by the lord advocate or his deputies as the means of commencing a criminal process. It differs from an indictment, and is like a criminal informatio
- Criminal Proceduredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The course or system of proceedings established by law, whereby persons accused of crime are apprehended, tried, and their punishment fixed.
Crimes are extinguished by death.
The art of judging skillfully of the merits or beauties, defects or faults, of a literary or scientific performance, or of a production of art. When the criticism is reduced to wri
CROO, or CROY. In old Scotch law. A composition, satisfaction, or assythment for the slaughter of a man. Same as weregild. Spelman.
or CROCARDS. A. foreign coin of base metal, prohibited by St. 27 Edw. I. St. 3, from being brought into the realm. 4 Bl. Comm. 98; Crabb. Hist. Eng. Law, 176.
- 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, Law Diet. A small space fenced off, in which to keep farm cattle. Spe
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 pilg
A crofter; one holding a croft.
- 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 his labor. 2 Rawle (Pa.) 12.
Grain or other cultivated plants or fruits; the product of the harvest thereof.
- Cross Actiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An action by a defendant in an action, against the plaintiff in the same action, upon the same contract, or for the same tort. Thus, if Peter bring an action of trespass against Pa
- Cross Appealdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Where both parties appeal, the appeals are sometimes called "cross appeals."
- Cross Billdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)
A bill by a defendant to a biU in equity against the plaintiff or a codefendant for further relief in respect to the matters embraced in the suit. It is an auxiliary suit or depend
- 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."
- 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 by the party opposed to the party who called him, and who examined or was entitled to examine him in chief.