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
- Interlocutordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In Scotch practice. An order or decree of court; an order made in open court. 2 Swint. 362; Arkley, 32.
In Scotch practice. A decree as to the relevancy of a libel or indictment in a criminal case. 2 Alls. Crim. Pr. 373.
- Interlocutorydefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
Something which is done between the commencement and the end of a suit or action which decides some point or matter, which, however, is not a final decision of the matter in issue;
- Interlopersdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Persons who Interrupt the trade of a company of merchants, by pursuing the same business with them in the same place, without lawful authority.
- Interndefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
To restrict a person to a lim-
- International Lawdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
The system of rules which Christian states acknowledge to be obligatory upon them in their relations to each other and to, each other's subjects. It is the jus inter gentes, as dis
A minister of a second order, charged with the affairs of the court of Rome, where that court has no nuncio under that title. INTERNUNCIUS (Lat. from inter, between, and nundus, a
- Interpleaderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
^— At Common Law. A proceeding In the action of detinue, by which the defendant states the fact that the thing sued for is in his hands, and that it is claimed by a third person, a
In civil law. The act by which, in consequence of an agreement, the party bound declares that he will not be bound beyond a certain time. WolflP. Inst. § 752. In the case of a leas
- Interpretationdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)
The act of finding out the true sense of any form of words — that is, the sense which their author intended to convey — and of enabling others to derive from them the same idea whi
- Interpretation Clausedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A clause
- Interpreterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
One employed to make a translation. An interpreter should be sworn before he translates the testimony of a witness. 4 Mass. 81; 5 Mass. 219; 2 Caines (N. Y.) 166. A person employed
Among the regalia (q. v.).
In French law. An act or instrument which contains the interrogatories made by the judge to the person accused, on the facts which are the object of the accusation, and the answers
- Interrogatoriesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
Material and pertinent questions, in writing, to necessary points, not confessed, exhibited for the examination of witnesses or persons who are to give testimony in the cause. Inte
- Interruptiondefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
The effect of some act or circumstance which stops the course of a prescription or act of limitations. 3 Bligh (N. S.) 444; 4 Mees. & W. 497. Civil interruption is that which takes
INTER SESE (Lat.) Among themselves. Story, Partn. § 405. INTER VIVOS (Lat.) Between living persons; as, a gift inter vivos, which is a gift made by one living person to another. Se
- Interstate Commercedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Commerce state fov property in another, its essential characteristic being that it involves the moving of property from one state to another. 223 111. 590. See "Commerce." A shipme
Act Cong. Feb. 4, 1888, regulating interstate commerce, designed to secure reasonable and uniform charges for carriage of freight and passengers, and prevent rebates, preferences,
(Lat.) In old English law. An interval of time or place.
A party who seeks to interpose in a suit. See "Intervention." INTERVENTION (Lat. intervenio, to come between or among). In Civil Law. The act by which a third party becomes a party
- Intestabilisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
An incompetent or disqualified witness.
- Intestabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
One who cannot lawfully make a testament. An infant, an insane person, or one civilman cannot make such a will without some special authority, because she is under the power of her
- Intestacydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The state or condition of dying without a will.
- Intestatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
One who, having lawful power to make a will, has made none, or one which is defective in form. In that case, he is said to die intestate, and his estate descends to his heir at law
The succession or devolution of interest of the property of one dying intestate. In Louisiana, the term "succession" is applied to the estate as a whole.
In the civil law. Intestate; without a will. Calv. Lex.
In the civil and old English law. An intestate; one who dies without a will. Dig. 50. 17. 7. '
QUI AUT OIVI. nino testamentum non fecit aut non juri fecit, aut id quod fecerat ruptum irritumve factum est, aut nemo ex eo haeres exstitit. He dies intestate who either has made
Ownership, as distinguished from enjoyment. In the Feudal Law. The right of the lord. DOMINIUM DIRECTUM ET UTILE (Lat.) Full ownership and possession united in one person.
While engaged generally in the service of the master. 97 Minn. 312, 313; 162 Mass. 66. IN TOTIDEM VERBIS (Lat.) In just so many words; as, the legislature has declared this to be a
Inevitable accident, "an occurrence which the party charged with the collision could not possibly prevent by the exercise of ordinary care, caution, and maritime skill." 2 Wall. (U
It seems to have been used of every one not an inhabitant of a city, at least with reference to that city. 1 H. Bl. 213. See, also, Cowell, "Foreigne." In the United States. Any on
It ordinarily denotes those born in this country prior to the Declaration of Independence. See 7 Wheat. (U. S.) 535. In England, It ordinarily denotes those born before the union w
- Intimationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
In Civil Law. The name of any Judicial act by which a notice of a legal proceeding is given to some one; but it is more usually understood to mean the notice or summons which an ap
An old form of entitle. 6 Mod. 304.
In old reoords. Toll or custom paid for things imported and exported, or bought in and sold out. Cowell.
A part is included in the whole. Dig. 50. 17. 113. IN TRADITIONIBUS 8CRIPT0RUM ehartarum non quod dictum est, sed quod gestum factum est, insplcltur. In the delivery of writings (d
Drunk from the use of intoxicating liquors. See 47 Vt. 294.
Such liquors as will, if used as a beverage, produce drunkenness. 25 Kan. 767. It includes all liquors, whether spirituous, vinous, or malt (70 Mass. 20), of which the human stomac
- Intradefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
In Latin phrases. A preposition, meaning in; near; within. Infra or inter has taken the place of intra in many of the more modem Latin phrases.
Within the space of a year. Code, 5. 9. 2. Intra annate tempus. Id. 6. 30. 19.
Within belief; credible. Calv. Lex. INTRA LUCTUS TEMPUS (Lat.) Within the time of mourning. Code, 9. 1. INTRA MAENIA (Lat. within the walls of a house). A term applied to domestic
Within the power. The opposite of ultra vires (q. v.). An act which might be done by the managing board of a corporation or by a majority of the stockholders in meeting assembled.
"Its true, inherent, and essential value, not depending upon accident, place, or person, but the same everywhere, and to every one." 5 Ired. (N. C.) 698.
- Intromissiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
In Scotch law. The assuming possession of property belonging to another, either on legal grounds, or without any authority. In the latter case it is called "vicious" intromission.
In French ecclesiasti-
One who, on the death of the ancestor, enters on the land, unlawfully, before the heir can enter.
- Intrusiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Bouvier (1839)
The entry of a stranger after the determination of a particular estate of freehold, before the entry of him in reversion or remainder. Intrusion or usurpation, and trespass are not
- Inuredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
To take effect; to result.
ET SINE FRUCTU, non est effectus legls. Useless labor and without fruit is not the effect of law. Co. Litt. 127; Wingate, Max. 38. INVADIARE (Law Lat.) In feudal and old European l
Not valid; of no binding force.
- Invasiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The entry of a country by a public enemy, making war. INVECTA ET ILLATA (Lat.) In civil law. Things carried and brought in; things brought into a building hired' {aedes), or into a
To inveigle, in a legal sense, is to induce a party to come within the jurisdiction of the court, by some scheme, subterfuge, fraud, trick, device, or misrepresentation, that he ma
- Inventiodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In Civil Law. Finding; one of the modes of acquiring title to property by occupancy. Heinec, lib. 2, tit. 1, I 350. Sometimes rendered in English "invention." In Old English Law. A
- Inventiondefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
In patent law. The act or operation of finding out something new; the contrivance of that which did not before exist. The word is also used to denote the thing itself which has bee
A word used in some ancient English charters to signify treasure trove.
One who finds out something new, or who contrives or produces a thing which did not before exist; one who makes an invention. The word is generally used to denote the author of suc
- Inventorydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
A list, schedule, catalogue, rights and credits, and, in some cases, the lands and tenements, of a person or persons, without attempt to describe the same in detail. 217 111. 169.
(Lat.) Found. Thesaurus inventus, treasure trove. Non est inventus, he is not found.
To verify or prove. INVEST (Lat. investire, to clothe), to put in possession of a fief upon faking the oath of fealty or fidelity to the prince or superior lord.
One by means of which a right comes into existence. Holland, Jur. 132. They are divided by Bentham into co Uative, conferring rights, and impositive, imposing duties.
- Investituredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
The act of giving possession of lands by actual seisin. When livery of seisin was made to a person by the common law, he was invested with the whole fee. This the foreign feudists,
That which is not to be violated. The persons of ambassadors are inviolable. See "Ambassador." INVITO (Lat.) Being unwilling.
No Max. (3d London Ed.) 625. But if he does not dissent, he will be considered as assenting. See "Assent." INVITO DEBITORE (Lat.) Against the ■will -of the debtor. INVITO DOMINO (L
- Invoicedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In commercial law. An account of goods or merchandise sent by merchants to their correspondents at home or abroad, in which the marks of each package, with other particulars, are s
A book in which invoices are copied.
- Involuntarydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
An involuntary act is that which is performed with constraint (q. V.}, or with repugnance, or without the will to do it. An action is involuntary, then, which is performed under du
Homicide committed unintentionally, but without excuse, and not under such circum-
A payment of money upon an illegal or unjust demand, where a party is advised of all the facts, can only be considered involuntary when it is made to secure the release of person o
(Law Lat.) In old European law. To pledge. LL. Longob. lib. 1, tit. 14, 1. 10.
These words, which, when conveyancing was in the Latin language, were in cujus rei testimonium, are the initial words of the concluding clause in deeds: "In witness whereof the sai
The ninth and smallest letter of the Greek alphabet; hence any minute or insignificant thing. IPSAE LEGES CUPIUNT UT JURE REgantur. The laws themselves desire that they should be g
- I.O.Udefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
In common law. A memorandum of debt in use among merchants. It is not a promissory note, as it contains no direct promise to pay. See 4 Car. & P. 324; 1 Man. & G. 46; 1 C. B. 543;
Having the appearance of I truth; appearing to be founded in reason. That which is probable is that which has more evidence for than against it; which inclines the mind to believe
He himself said it. Applied as a substantive to the unsupported assertion of one person. IPSISSIMIS VERBIS (Lat.) In the identical words'; opposed to "substantially." 7 How. (U. S.
Anger is a short insanity. 4 Wend. (N. Y.) 336, 355. IRA MOTUS (Lat.) Moved or excited by anger or passion. A term sometimes formerly used in the plea of son assault demesne. 1 Tid
In Roman law. An officer whose fluties are described in Dig. 5. 4. 18. 7. See Id. 48. 3. 6; Code, 10. 75. Literally, a peace officer or magistrate.
Not according to rule. See "Irregularity."
See "Deposit."
- Irregularitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
In practice. The doing or not doing that, in the conduct of a suit at law, which, conformably with the practice of the court, ought or ought not to be done. 115 111. 590. It is the
Such as a court has general jurisdiction to issue, but which is unauthorized in the particular case by reason of the existence or nonexistence of some fact or circumstance renderin
- Irrelevantdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Matter in a pleading which has no substantial relation to the controversy in suit. 3 Sandf. Ch. (N. Y.) 743; 6 How. Pr. (N. Y.) 312. Equivalent to "impertinent." Includes "Scandalo
That which does not support the issue, and which, of course, must be excluded.
- Irreparable Injurydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An injury is "irreparable," within the rule that injunction will issue to prevent only such injuries, not only where the injury, from its nature, cannot be compensated by damages,
- Irrepleviabledefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
That cannot be replevied or delivered on sureties. Spelled, also, "irreplevisable." Co. Litt. 145; 13 Edw. I. c. 2.
- Irresistible Forcedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A term applied to such an interposition of human agency as is, from its nature and power, absolutely uncontrollable; as, the inroads of a hostile army. Story, Bailm. § 25; Lois des
- Irrevocabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Which cannot be revoked or recalled. A power of attorney in which the attorney has an interest granted for consideration is irrevocable. See "Will."
- Irrigationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
The act of wetting or moistening the ground by artificial means; the application of water to land by artificial means for the raising of crops and other products of the soil. Long,
In Scotch law. The happening of a condition or event by which a charter, contract, or other deed, to which a clause irritant is annexed, becomes void. Ersk. Inst. bk. 2, tit. 5, no
In Scotch law. Avoiding or making void; as an irritant clause. See "Irritancy."
In Scotch law. A provision by which certain prohibited acts specified in a deed are, if committed, declared to be null and void.
In civil law. To impose or set upon, as a fine. Calv. Lex. To inflict, as a punishment. To make or ordain, as a law. IRROTULATIO (Law Lat.) An inro Uing; a record. 2 Rymer, Poed. 6
In Scotch law. The period of the termination of a tack or lease. 1 Bligh, 522.
A body of land surrounded by water. The title to islands in navigable waters is in the state (53 Am. Rep. 215); but an island in private waters belongs to the owners of the nearest
- Issuabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
In practice. Leading or tending to an issue. An issuable plea is one upon which the plaintiff can take issue and proceed to trial.
A plea in chief to the merits, upon which the plaintiff may take issue and go to trial.
- Issuable Termsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Hilary and Trinity terms are so called from the making up of the issues, during those terms, for the assizes, that they may be tried by the judges, who generally go on circuit to t
- Issuedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Bouvier (1839)
In Real Property Law. Lineal descendants; all persons who have descended from a common ancestor. 3 Ves. 257; 17 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90. In a will it may be held to h
In English law. The name of a record which contains an entry of the term of which the demurrer book, issue, or paper book is entitled, and the warrants of attorney supposed to have