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 debt Is liquidated when its amount and the fact that it is due are certain. 69 111. 623.
The member of a dissolved partnership who winds up its business. Shumaker, Partn. 128.
A fixed and determinate valuation of things which before were uncertain.
A person appointed to carry out the winding up of a company.
A suit pending elsewhere. The fact that proceedings are pending between a plaintiff and defendant in one court in respect to a given matter is frequently a ground for preventing th
- Listdefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
A table of cases arranged for trial or argument; as, the trial list, the argument list. 3 Bouv. Inst, note 3031. See "Calendar."
This word is used in some of the states to designate the persons appointed to make lists of taxables. See Rev. St. Vt. 538. LITE PENDENTE (Lat.) Pending the suit. Fleta, lib. 2, c.
Letters. A term applied in old English law to various instruments in writing, public and private.
Dimissory letters. See "Dimissoriae Litterae."
a term including Greek, Latin, general philology, logic, moral philosophy, metaphysics; the name of the principal course of study in the University of Oxford. Wharton.
Dead letters; fulfilling words of a statute. Lord Bacon observes that "there are in every statute certain words which are as veins, where the life and blood of the statute coraeth,
Letters patent; literally, open letters. LITERAE PATENTES REGIS NON LITERAE PROCURATORIAE (Lat.) In civil law. L«tters proeuratory; a written authority, or power of attorney (liter
In maritime law. A bill of lading. Jacobsen, Sea Laws, 172.
Written words last.
In old English law. Sealed letters. The return of a sheriflf was so called. Fleta, lib. 2, c. 64, § 19.
- Literal Contractdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In civil law. A contract the whole of the evidence of which is reduced to writing. This contract is perfected by the writing, and binds the party who subscribed it, although he has
In civil law. Written evidence.
The Pisan letter. A term applied to the old character in which the copy of the Pandects formerly kept at Pisa, in Italy, was written. Spelman.
The interest of an author, or those who claim under him, in his work before or after publication, and with or without copyright. Drone, Copyright, 97. Literary property is the comm
In Roman law. The contract of nomen, which was constituted by writing (scriptv/ra). It was of two kmds, viz.: (1) A re in personam, when a traneaction was transferred from the dayb
- Litigantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
One engaged in a suit; one fond of litigation. LITIGARE (Lat.) To litigate; to carry on a suit (litem agere), either as plaintiff or defendant; to claim or dispute by action; to te
- Litigatedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
To contend in form of law.
A contest, authorized by law, in a court of justice, for the purpose of enforcing a right. LITIGI08A RES. See "LIb Pendens."
In Scotch law. The pendency of a suit. It is an implied prohibition of alienation, to the disappointment of an action, or of diligence, the direct object of which is to obtain poss
- Litigiousdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
That which is the subject of a suit or action; that which is contested in a court of justice. In another sense, litigious signifies a disposition to sue; a fondness for litigation.
In French law. Those which are or may be contested either in whole or in part, whether an action has been commenced, or when there is reason to apprehend one. Poth. Vente, note 584
The measure of damages.
- Litis Contestatiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Bouvier (1839)
In the Civil and Canon Law. Contestation of suit; the_ process of contesting a suit by the opposing statements of the respective parties; the process of coming to an issue; the att
In civil law. Ownership, control, or direction of a suit. A fiction of law by which the employment of an attorney or proctor (procurator) in a suit was authorized or Justified, he
sive In rem, sive in personam sit. The word Us, i. e., a lawsuit, signifies every action, whether in rem or in personam. Co. Litt. 292.
An obsolete term for the time during which a lawsuit is going on.
In Spanish law. The condition of a suit pending in a court of justice. In order to render this condition valid, it is necessary that the judge be competent to take cognizance of th
A French measure of capacity. It is of the size of a decimetre, or one-tenth part of a cubic metre. It is equal to 61.028 cubic inches. See "Measure." LITTORAL (litus). Belonging t
One whose lands border upon tide waters, as distinguished from lands bounding on a watercourse. See "Riparian Proprietors." There appears to be no word or phrase of sufficiently br
In civil law. An obliteration or blot in a will or other instrument. Dig. 28. 4. 1. 1. LITUS EST QUOUSQUE MAXIMUS fluctus a mari pervenit. The shore is where LITUS MARIS (Lat.) In
- Liverydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In English law. The delivery of possession of lands to those tenants who hold of the king in capita or by knight's service. The name of a writ which lay for the heir of age to obta
- Livery Of Seisindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In estates. A delivery of possession of lands, tenements, and hereditaments unto one entitled to the same. This was a ceremony used in the common law for the conveyance of real est
A place where horses and vehicles are kept to be let to the public. See 30 La. Ann. 1095. Though some other related business may be carried on, as the boarding of horses for hire,
(Law Lat.) In old European law. To beat; to bruise by beating. Marculf. lib. 1, form. 29.
In common law. A coin used in France before the revolution. It is to be computed, in the ad valorem duty on goods, etc., at eighteen and a half cents. Act March 2, 1798,, § 61 (1 S
A mutual fire and marine insurance association, the members underwriting each other's policies.
The pay to loadsmen; that is, persons who sail or row before ships, in barks or small vessels, with instruments for towing the ship and directing her course, in order that she may
- Loandefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
A bailment without reward; a bailment of an article for use or consumption without reward; the thing so bailed. A loan, in general, implies that a thing is lent without reward; but
- Loan For Consumptiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A contract By which the owner of a personal chattel, called the "lender," delivers it to the bailee, called the "borrower," to be returned in kind. For example, if a person borrows
A bailment of an article to be used by the borrower without paying for the use. 2 Kent, Comm. (4th Ed.) 573. Loan for use (called commodatum in the civil law) differs from a loan f
In English law. A kind of club formed for the purpose of advancing money on loan to the industrial classes. They are of comparatively recent origin in England, and are authorized a
Personal solicitation of a member of a legislative body during a session thereof, by one not a member, with reference to any matter pending in the legislature, so called from the f
OU SUR une fausse cause, ou sur cause lllicite, ne peut avoir aucun effet. An obligation without consideration, or upon a false consideration (which fails), or upon unlawful consid
- Local Actiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Stimson (1881)
In practice. An action which must be brought in a particular county. All local actions must be brought in the county where the cause of action arose. In general, all actions are lo
The allegiance due to a government from an alien while within its limits. 1 Bl. Comm. 370; 2 Kent, Comm. 63, 64.
A fixture.
A court whose jurisdiction is limited to a particular locality. Sometimes applied to the courts of the home jurisdiction, as opposed to foreign courts.
One whose observance is confined to a particular locality.
Government confined to a certain locality. The autonomous government of a minor subdivision of a state or country, as opposed to the general government.
Improvements made in a particular locality, by which the real estate in that locality is specially benefited.' Cooley, Tax'n, 109, 177, 419. The question whether an improvement is
- Localitydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)
In Scotch law. This name is given to a life rent created in marriage contracts in favor of the wife, instead of leaving her to her legal life rent of terce. 1 Bell, Comm, 55, See "
- Local Optiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A privilege granted to a locality of determining by popular vote whether a general law shall be effective in that locality. Usually applied to the determination by popular vote whe
- Local Prejudicedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A prejudice against a litigant, or in favor of his adversary, prevailing in a particular locality, and tending to prevent a fair trial there. Such prsjudioo ia ground for change of
Taxes (more often called "assessment") limited to certain civil divisions of the state or city,
The venue of a local action (g. v.),
- Locaredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
To let for hire; to deliver or bail a thing for a certain reward or compensation. Bracton, fol. 62.
In old European law. The price of letting; money paid for the hire of a thing; rent. Spelman.
In civil law. A depositary.
- Locatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
To fix or definitely determine. LOCATIO (Lat.) In civil law. Letting for hire. Calv. Lex.; Vocat. The term is also used by text writers upon the law of bailment at common law. 1 Pa
In civil law. A compound word used to denote the contract of bailment for hire, expressing the action of both parties, viz., a letting by the one, and a hiring by the other. 2 Kent
A letting to keep; a bailment or deposit of goods for hire. Story, Bailm. § 442. LOCATIO MERCIUM VEHENDARUM (Lat.) In civil law. The carriage of goods for hire. In.respect to contr
- Locationdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
In the apportionment of public lands, the selection and designation of lands which the person making the location claims under the law, In Scotch Law. A contract by which the tempo
- Locative Callsdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Calls describing certain means by which the land to be located can be identified. Reference to physical objects in entries and deeds by which the land to be located is exactly desc
- Locatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
In civil law. He who leases or lets a thing to hire to another. His duties are, first, to deliver to the hirer the thing hired, that he may use it; second, to guarantee to the hire
An officer in the Isle of Man to execute the orders of the governor, something like our undersheriff. Wharton.
The closing of a factory or workshop by an employer, usually in order to bring the workmen to satisfactory terms by a suspension of wages. 202 111. 398.
A place used temporarily as a prison.
- Loco Parentisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
See "In Loco Parentis." L0C0CE8SI0N (Lat.) In the civil law. The act of giving place. LOCUM TENENS (Lat.) Holding the place. Applied to a deputy. LOCUPLES (Lat.) In civil law. Able
- Locus Contractusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See "Lex Loci."
The place of the contract governs the act. 2 Kent, Comm. 458. LOCUS CRIMINI8. The locality of a crime; the place where a crime was committed.
- Locus Delictidefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The place where the tort, offense, or injury has been committed. LOCUS IN QUO (Lat. the place in which). In pleading. The place where anything is alleged to have been done. 1 Salk.
In civil law. A public place. Dig. 43. 8. 1; Id. 43. 8. 2. 3.
In private international law. The rule that, when a legal transaction complies with the formalities required by the law of the country where it is done, it is also valid in the cou
The place of the seal. The letters L. S. (an abbreviation of locus sigilli), surrounded by a scroll, is in some states held a good seal (5 Wis. 549), but in others a common-law sea
A place of standing; standing in court. A right of appearance in a court of justice, or before a legislative body, on a given question.
In old English law. A kind of pilot who navigated a vessel vdthin a harbor. Jacob.
Pilotage fees paid to a lodeman.
- Lodgerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
One who inhabits a portion of a house of which another has the general possession and custody. It is by this retention of general possession and control by another that a "lodger"
A lodging house is distinguished from a hotel in that the keeper specially deals with his customers by contracting personally -mth the customer for the nature of the accommodation
A ship's journal. It contains a minute account of the ship's course, with a short history of every occurrence during the voyage. 1 Marsh. Ins. 408.
In Roman law. A public clerk or accountant.
A name given to a legislative practice of obtaining the passage of several measures by a combination of minorities. The original method was to embody the different measures in a si
A name given to the merchants of Italy, numbers of whom, during the twelfth and thirteenth centuries, were established as merchants and bankers in the principal cities of Europe.
See "Gambling Contract." tONG INTEREST. See "Gambling Contract."
Long possession is the law of peace. Co. Litt. 6.
Long possession begets right. Fleta, lib. 3, c. 15, § 6. LONGA POSSESSIO PARIT JUS POSSIdendl, et tollit actionem vero domino. Long possession produces the right of possession, and
- Long Parliamentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)
The name usually given to the parliament which met iii November, 1640, under Charles I., and was dissolved by Cromwell on the 10th of April, 1653. The name "Long Parliament" is, ho
THE. An expression used to denote part second of the Year Book which gives reports of cases in B Edw. IV.
ET LONGUS USUS qui excedit memoria homlnum, sufficit pro jure. Long time, and long use beyond the memory of man, suffices for right. Co. Litt. 115.
- Long Vacationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)
The recess of the English courts from August 10th to October 24th. LONGA PATIENTIA TRAHITUR AD consensum. Long sufferance is construed as consent. Fleta, lib. 4, c. 26, § 4.
A loose woman, a woman of loose character, is an unchaste woman in the ordinary signification of those terms. By an unchaste woman is meant a sexually impure woman, ordinarily. 68
A right in the inhabitants of a parish, within a manor in England, to lop for fuel, at certain periods of the year, the branches of trees growing upon the waste lands of the manor.
- Lorddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
In Feudal Law. The superior of whom land is held by feudal tenure. In English Law. A title belonging to the degree of baron, but sometimes applied to all persons of nobility. 1 Bl.
The chief public prosecutor of Scotland. 2 Alls. Crim. Pr. 84.
The chief judge of, the English court of exchequer, prior to