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
A crime which works infamy in one who has committed it. In the United States. It has been held that only those crimes are infamous that were so at common law (1 Dak. 289), but the
Such as may be challenged as jurors propter delictum, and therefore shall never be admitted to give evidence to inform that jury with whom they were too scandalous to associate. 59
- Infamydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
That state which is produced by the conviction of an infamous crime, and the loss of honor, which renders the infamous person incompetent as a witness or juror. 3 Watts & S. (Pa.)
- Infantdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
At common law, one of either sex under the age of twenty-one years. Co. Litt. 171. By statute, the age at which females reach their majority has been lowered in some states. See "A
- Infanticidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
The murder of a newborn infant. It is thus distinguishable from "abortion" and "foeticide," which are limited to the destruction of the life of the foetus in utero.
In Spanish law. A person of noble birth, who exercises within his domains and inheritance no other rights and privileges than those conceded to him.
LIBERTATIS, ET Innooentiae omnia praesumuntur. In favor of life, liberty, and innocence, all things are to be presumed. Lofft, 125. IN FEODO (Law Lat.) In fee. Bracton, fol. 207; F
In Scotch law. To give seisin or possession of lands; to invest or enfeoif. 1 Karnes, Eq. 215.
In Old Scotch Law. Investiture or infeudation, including both charter and seisin. 1 Forbes, Inst. pt. 2, p. 110. In Later Law. Sasine, or the instrument of possession. Bell. Diet.
The act or instrument session. Formerly it was synonymou^ with "investiture." Bell, Diet. See "Enfeoffment."
- Inferencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A conclusion drawn by reason from premises established by proof.
One who, in relation to another, has less power and is below him; one who is bound to obey another. He who makes the law is the superior; he who is bound to obey it, the inferior.
By this term are understood all courts except the supreme courts. An inferior court is a court of limited jurisdiction, and it must appear on the face of its proceedings that it ha
That duty which the tenant owed to his lord by reason of his fee or estate. The services, in respect of their quality, were either free or base, and in respect of their quantity, a
or INFITIARI (Lat.) In the civil law. To deny; to deny one's liability; to refuse to pay a debt or restore a pledge; to deny the allegation of a plaintiff; to deny the charge of an
- Infideldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
One who does not believe in the existence of a God who will reward or punish in this world, or that which is to come. Willes, 550. One who professes no religion that can bind his c
At the end. IN FORMA PAUPERIS (Lat.) In the character or form of a poor man. When a person is so poor that he cannot bear the charges of suing at law or in equity, upon making oath
That which is infinite or endless is reprehensible in law. 9 Coke, 45.
Weakening. Webster. Tending to weaken or render infirm; disprobabilizing. 3 Benth. Jud. Ev. 13, 14. Exculpatory is used by some authors as synonymous. See Wills, Circ. Ev. 120 et s
In the law of evidence. A consideration, supposition, or hypothesis of which the criminative facts of a case admit, and which tends to weaken the inference or presumption of
In the law of evidenca A fact set up, proved, or even supposed, in opposition to the criminative facts of a case, tiie tendency of which is to weaken the force of the inference of
In the law of evidence. An hypothesis upon which the criminative circumstances may be explained consistently with the innocence of the accused.
Deficient in matters of form.
- Informalitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Want of legal form.
- Informationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
The communication of material facts for the first time. 4 M. & W. 24. In French Law. The act or instrument which contains the depositions of witnesses against the accused. Poth. Pr
A proceeding instituted by the state prosecuting officer against intruders upon the public domain. See Gen. St. Mass. c. 141; 3 Pick. (Mass.) 224; 6 Leigh (Va.) 588. INFORMATUS NON
- Informerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
A person who Informs or prefers an accusation against another, whom he suspects of the violation of some penal statute. INFORTIATUM (Lat.) In civil law. The second part of the Dige
- In Foro Contentiosodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In the forum of contention or litigation. IN FORO ECCLESIATICO (Law Lat.) In an ecclesiastical forum; in the ecclesiastical court. Fleta, lib. 2, c. 57, § 13. IN FORO SAECULARI (La
Within the state. INFRA CORPUS COMITATUS (Lat.) Within the body of the county. The common-law courts have jurisdiction infra corpus comitatus. The admiralty, on the contrary, has n
A person must have attained the age of forty to be a member of the legislative body; twenty- five, to be a judge of a tribunal de premiere instance; twenty-seven to be its presiden
To rig or equip a vessel. Ord. Mar. liv. 1, tit. 2, art. 1.
- Infringementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In patent law. A word used to denote the act of trespassing upon the incorporeal right secured by a patent. Any person who, without legal permission, shall make, use, or sell to an
To cause to flee.
Neither physically nor civilly dead. The term "life" alone has also been taken in the same sense, as including natural and civil life; e. g., a lease made to a person "during life"
In medical jurisprudence. A pharmaceutical operation, which consists in pouring a hot or cold fluid upon a substance whose medical properties it is desired to extract. The product
Error dwells in general expressions. 3 Sumn. (U. S.) 290. restored in genere, as distinguished from those which must be returned in specie, or specifically, are called fungibles. K
- Ingressdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
EGRESS, AND REGRESS. These words are frequently used in leases to express the right of the lessee to enter, go upon, and return from the lands in question. INGRESSU (Lat.) An ancie
At large; not appurtenant or appendant, but annexed to a man's person, e. g., common granted to a man and his heirs by deed is common in gross; or common in gross may be claimed by
In practice. The act of copying, from a rough draft, a writing, in order that it may be executed; as, ingrossing a deed. INHABITANT (Lat. in, in, habeo, to dwell). One who has a ha
A tax assessed in England on inhabited dwellinghouses, according to their annual value (St. 14 & 15 Vict. c. 36; 32 & 33 Vict. c. 14, I 11), which is payable by the occupier, the l
In these words; in the same words. Dig. 34. 4. 30. IN HAEREDES NON SOLENT TRANSIre actiones quae poenales ex maieficio sunt. Penal actions arising from anything of a criminal natur
An authority possessed without its being derived from another; a right, ability, or faculty of doing a thing, without receiving that right, ability, or faculty from another.
The old term for "heiress." Co. Litt. 13a.
To take by Inheritance; to take as heir on the death of the ancestor. "To inherit to" a person is a common expression in the books. 3 Coke, 41; 2 Bl. Comm. 254, 255.
- Inheritable Blooddefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
Blood of an ancestor which, while it makes the person in whose veins it flows a relative, will also give him the legal rights of inheritance incident to that relationship. See 2 Sh
- Inheritancedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
A perpetuity in lands to a man and his heirs; the right to succeed to the estate of a person who dies intestate. Dig. 50. 16. 24. The term is applied to lands. The property which i
The English statute of 3 & 4 Wm. IV. c. 106, regulating the law of inheritance. 2 Chit. St. 575; 2 Sharswood, Bl. Comm. 37; 1 Steph. Comm. 500.
- Inhibitiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In Civil Law. A prohibition which the law makes or a judge ordains to an individual. Halifax, Anal. p. 126. In English Law. "rhe name of a writ which forbids a judge from further p
In Scotch law. A writ in the sovereign's name, passing the signet, which prohibits all and sundry from having transactions with a wife, or giving her credit. Bell, Diet.; Ersk. Ins
or INHOKE (Saxon; Law Lat. inhokium). In old records. A nook or corner of a common or fallow field, inclosed and cultivated. Kennett Par, Ant. 297, 298; Cowell. INHONESTUS (Lat.) I
In this. IN IISDEM TERIVIINIS (Lat.) In the same terms. 9 East, 487. IN INDIVIDUO (Law Lat.) In the distinct, identical, or individual form; in specie. Story, Bailm. § 97. In speci
Infinitely or indefinitely. IN INITIALIBUS (Lat.) In Scotch law. In the preliminaries. Before a witness is examined as to the cause in which he is to testify, he must deny bearing
An apportionment made in general average upon the various articles and interests at risk, according to their value at the time and place of being in safety, for contribution for da
A contract, treaty, or league between two sovereigns or states, made to insure their safety and common defense. Alliances are defensive, or offensive. (1) Defensive alliances are t
alios inhibere mercaturam. It is Inequitable to permit some to trade, and to prohibit Others. 3 Inst. 181. INIQUUM ESTALIQUEM REI SUI ESSE judicem. It is unjust for any one to be j
- Initiatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
Commenced. A husband was, in feudal law, said to be tenant by the curtesy initiate when a child who might inherit was born to his wife, because he then first had an inchoate right
- Initiativedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In French law. The name given to the important prerogative conferred by the Charte Constitutionnelle (article 16) on the late king to propose through his ministers projects of laws
(Lat.) A, or the beginning; the origin, cause or foundation of a thing, act or contract.
- Injunctiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A prohibitory writ, issued by the authority of, and generally under the seal of, a court of equity, to restrain one or more of the defendants or parties, or quasi parties, to a sui
SED proxima, spectatiir. In law, the proximate and not the remote cause is to be looked to. Bac. Max. reg. 1; Broom, Leg. Max. (3d London Ed.) 202. See 2 Pars. Cont. 455. IN JURE P
A wrong does not excuse a wrong. Broom. Leg. Max. (3d London Ed.) 247, 343, 349; 11 Exch. 822; 15 Q. B. 276; 6 El. & Bl. 76; Branch, Princ.
A wrong is not presumed. Co. Litt. 232. INJURIA PROPRIA NON CADET IN
The master ia liable for injury done by his servant. Lofft, 229.
In Louisiana. Slander, or libellous words. Civ, Code La. art. 3501. INJURY (Lat. in, negative, jus, a right). A wrong or tort. Relative injuries are injuries to those rights which
NISI TOTA LEGE 1Nspectae, de una aliqua ejus particula proposita judicare vel respondere. It is unjust to give judgment or advice concerning any particular clause of a law without
Of the same sort. Return of property is "in kind," as distinguished from in specie, where an article of the same kind, but not the identical one obtained, is returned.
- Inlagaredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
or INLEGIARE. To restore to protection of law. Opposed to utlagare. Bracton, lib. 3, tr. 2, c. 14, § 1; Du Cange.
Restoration to the protection of law.
A person subject to the law; under the protection of the law.
Within the same country.
One drawn upon a person living in the same state or country with the drawer.
Includes navigation upon rivers (6 Biss. [U. S.] 364), but not on the Great Lakes (24 How. [U. S.] 1).
or INLANTAL (Saxon). The same with inland (q. v.), Cowell.
See "Inlaghe."
To place under the protection of the law. Swearing obedience to the king in a leet, which doth inlaw the subject." Bac. Works, IV. 328. INLIGARE (Law Lat.) In old European law. To
Implied by law; depending on legal fiction or intendment. IN LECTO MORTAL! (Lat.) On the death bed. Fleta, lib. 5, c. 28, § 12. IN LIMINE (Lat.) In or at the beginning. This phrase
A species of limited partnership. It is formed by a_ contract, by which one person or partnership agrees to furnish another person or partnership a certain amount, either in proper
To leave a port; to be out of a port. To depart imports more than to sail, or set sail. A warranty in a policy that a vessel shall depart on or before a particular day is a warrant
- Inmatedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
One who dwells in a part of another's house, the latter dwelling, at the same time, in the said house. Kitch. Cts. 45b; Comyn, Dig. "Justices of the Peace" (B 85); 1 Barn. & C. 578
To be in mercy is to be at the discretion of the king, lord, or judge in punishing any offense not directly censured gjreat penalty. 11 Hen. VI. c. 6. So, where the plaintiff faile
- Inndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
A house where a traveller is furnished with everything he has occasion for while on his way. Bac. Abr. "Inns" (B); 12 Mod. 255; 3 Barn. & Aid. 283; 4 Camp. 77; 2 Chit. Bailm. 484;
A pledge.
(Law Lat.) In old rec ords. Unnatural usage. Cowell.
- Innavigabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A term applied in foreign insurance law to a vessel not navigable, through irremediable misfortune by a peril of the sea. The ship is relatively innavigable when it will require al
One admitted to plead within the bar.
- Inningsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Lands gained from the sea by draining. Cunningham.
- Innkeeperdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The keeper of a common inn for the lodging and entertainment of travelers and passengers, their horses and attendants, for a reasonable compensation. Bac. Abr. "Inns," etc.; Story,
- Innocencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
The absence of guilt (g. v.).
In English law. A technical term used to signify those conveyances made by a tenant of his leasehold which do not occasion a forfeiture. These are conveyances by lease and release,
In civil law. Contracts which have no particular names, as permutation and transaction. Inst. 2. 10. 13. There are many innominate contracts; but the Roman lawyers reduced them to
AMEN (Lat.) In the name of God, Amen. A solemn form of introduction, anciently used in wills and many other instruments, public and private. The Proemia to the Institutes and Diges
- Innovationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In Scotch law. The exchange of one obligation for another, so that
NOVUM REMEDIUM apponendum est. A new remedy^is to be applied to a new case. 2 Inst. 3. IN NUBIBUS (Lat.) In the clouds; in abeyance; in custody of law. In nubibus, in mare, in terr
- Inns Of Chancerydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
So called because anciently inhabited lay such clerks as chieily studied the framing of writs, which regularly belonged to the cursitors, who were officers of the court of chancery
The name given to the colleges of the English professors and students of the common law. "The four principal inns of court are the Inner Temple and Middle Temple (formerly belongin
or OCTABIS. (Law Lat.) On the octave. One of the ancient return days in the English courts. 3 Bl. Comm. 277, 278. IN ODIUM SPOLIATORIS (Lat.) In hatred of a despoiler. All things a
- Inofficious Testamentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A will not in accordance with the natural affections and ties of relationship of the testator. INOFICiOCIDAD. In Spanish law. Everything done contrary to a duty or obligation assum
Open and violent larceny from the person; robbery. St. 14 Car. II. c. 22; Cowell; 4 Bl. Comm. 242.
A judge's chamber. Dyer, 69b. (Fr. Ed.); Id. 140b. CAMERA REGIS (Lat. the chambers of the king). A term formerly applied especially to harbors, and generally to all the harbors or
To accept. Acceptavit, he accepted. 2 Strange, 817. Non acceptavit, he did not accept. 4 Man. & G. 7. In the Civil Law. To accept; to assent; to assent to a promise made by another