Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
For whose good.
- Cuicnnque aliquis quid concedit concedere videtur et id, sine quo res ipsa esse non potuitdefined inBlack's (1910)
11 Coke, 52. Whoever grants anything to another is supposed to grant that also without which the thing itself would be of no effect.
concedere videtur et id sine quo res ipsa esse non potuit, /. Any one who grants anything to another is held also to grant that without which the thing itself could not exist. Cuil
- Cuicunque aliquis quid concedit concedere videtur et id, sine quo res ipsa esse non potuitdefined inBallentine's (1916)
One who grants something to another is held to grant also that without which the thing is worthless.
A widow’s writ to secure her land alienated by her husband.
EA QUOque concessa esse videntur sine quibus Jurisdictlo explicarl non potest. To whom jurisdiction is given, to him those things also 2; 1 Wooddeson, Lect. introd. Ixxi; 1 Kent, C
- Cui jurisdictio data est, ea quoque concessa esse videntur sine quibus jurisdictio explicari non potestdefined inBallentine's (1916)Black's (1910)
Those things without which jurisdiction could not be exercised are held to be given to him to whom jurisdiction has been granted.
He who has the right of giving has also the right of selling and granting. Dig. 50, 17, 163.
One having a right to give has also a right to sell and to grant.
EIDEM ET vendendi et concedendl jus est. He who has a right to give has also a right to sell and to grant. Dig 50. 17. 168. CUI LICET QUOD MAJUS NON DEBET quod minus est non licere
In old records. The laying up aship in a dock, in order to be repaired. Cowell; Blount.
Any expert in his own art is credible therein.
Any one may waive or renounce the benefit of a principle or rule of law that exists only for hls protection.
One may waive a legal right existing in his favor. Guique in sua arte credendum est. Anyone Is to be believed in his feown art.
He who is allowed to do the greater ought not to be prohibited from doing the less. He who has authority to do the more important act ought not to be debarred from doing what is of
One who has a greater power ought not to be denied a less one.
One whose father is the people has no father.
He to whom the people is father has not a father. Co. Litt. 123.
The formal reply to a plea of not guilty.
Every one is to be believed in his own art. Dickinson v. Barbee, 9 Mass. 227, 6 Am. Dec. 58.
Experts may be examined to explain terms of art, and the state of the art, at any given time. They may explain to the court and jury the machines, models, or drawings, exhibited. T
ejus debet esse joys the profit ought to bear the loss. Cujns pouere: whose it is t<^ give, his it is to Cujus est dirisio, alterius est electio: has the division [of an estate], t
One who enjoys a benefit should take the burden with it.
He who enjoys the benefit has the burden. See 3 Mass. 53, 3 Am. Dec. 77.
Who has the gift of anything should have the disposition of it. Cujus est divisio alterius est electio. Whichever one has the division, the other has the choice.
Whichever [of two parties] has the division, [of an estate,] the choice [of the shares] is the other's. Co. Litt 166b. In partition between coparceners, where the division is made
He who has the ownership should have the risk.
Whoever may institute may abrogate.
Whose is the soll, his it is up to the sky. Co. Litt. 4a. He who owns the sell or surface of the ground, owns or has an exclusive right to, everything which is upon or above it to
It is ancient doctrine that at common law ownership of the land extended to the periphery of the universe—Cujus est solum ejus est usque ad coelum. But that doctrine has no place i
The owner of the soil owns to the Heavens and also to the lowest depths. See 186 N. Y. 486, 116 Am. St. Rep. 563, 9 Ann. Cas. 858, 11 L. R. A. (N. S.) 920, 79 N. E. 716.
To whomsoever the soll belongs, he owns also to the sky and to the depths. The owner of a piece, of land owns everything abave and bslow it to an indefinite extent. Co. Little 4.
Who has jurisdiction of the principal thing has jurisdiction also of the accessory.
- Cujus juris (i.e., jurisdictionis) est principale, ejusdem juris erit accessoriumdefined inBlack's (1910)
2 Inst. 493. An accessory matter is subject to the same jurisdiction as its principali
He who gives a thing by mistake has a right to recover it back; but, lf he gives designedly, it is a gift Dig. 50, 17, 53.
The most important part of anything is the first part.
The chiefest part of everything is the beginning. Dig. 1, 2, 1; 10 Coke, 49o.
The owner of the soil owns to the lowest depths. See 141 Cal. 116, 99 Am. St. Rep. 35, 64 L. R. A. 236, 70 Pac. 663, 74 Pac. 766.
The laying up a ship in a dock for repair. Cowell; Blount.
A street open at but one end.
- Culpadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A fault; negligence. Jones, Bailm. 8. Culpa is to be distinguished from dolvs, the latter being a trick for the purpose of deception, the former merely negligence. There are three
Lat. In the common law. Fault; blame; misconduct; culpable conduct; conduct for which a party may be punished, or held to answer in damages or a penalty. Culpa est immiscere se rei
Guilty.
Guilty; criminal.
Described as a crime varying from the very lowest culpability, up to the very verge of murder. Lord Moncrieff, Ark-ley, 72.
In this phrase, the word "culpable" means not criminal, but censurable; and, when the term is applied to the omission by a person to preserve the means of enforcing his own rights,
Failure to exercise that degree of care rendered appropriate by the particular circumstances, and which a man of ordinary prudence in the same situation and with equni experience w
QUI SCIT, SED PROHIbere non potest. He Is clear of blame who knows, but cannot prevent Dig. 50. 17. 50. CULPA EST IMMISCERE SE REI AD SE non pertinentl. It is a fault to meddle wit
One who knows, but cannot prevent is without fault.
Let the punishment be proportioned to the crime. Branch, Princ.
It is a fault to intermeddle in anything which does not concern one.
Gross neglect is equivalent to fraud. Dig. 11. 6. 1.
Gross negligence is held equivalent to intentional wrong.
A fault binds its own authors. Ersk. Inst. bk. 4, tit. 1, § 14; 6 Bell, App. Cas. 539. CULPABILIS (Lat.) Guilty.
Guilt binds its own originators most, See. XIX Eng. Rui. Cas. 183.
Misconduct binds [should bind] its own authors. It is a never-failing axiom that every one is accountable ouiy for his own delicts. Ersk. Inst 4, L 14.
Poena ad mensuram delicti statuenda est. Let the punishment be proportioned to the crime. Punishment is to be measured by the extent of the offense.
- Culpritdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
A person who is guilty, or supposed to be guilty, of a crime. When a prisoner is arraigned, and he pleads not guilty, in English practice, the clerk, who arraigns him on behalf of
In old" Scotch law. A species of pledge or cautioner (Scottice, back borgh), used in cases of the replevin of persons from one man's court to another's. Skene de Verb. Sign.
A field on which a crop of wheat is growing is a cultivated field, although not a stroke of labor may have been done in it since the seed was put in the ground, and it is a cultiva
A parcel of arable land. Blount. Called a "wrong."
The term “cultural activities” includes film, dramatic, dance, and musical presentations, and fine art exhibits, whether or not those activities are intended to make a profit.
“cultural affiliation” means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe
For purposes of this subsection, the term “cultural industries” means persons engaged in any of the following activities: (A) The publication, distribution, or sale of books, magaz
The term “cultural item” means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )).
“cultural items” means human remains and— (A) “associated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably beli
The term “culturally specific” means primarily directed toward racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(
The term "culturally specific services" means community-based services that include culturally relevant and linguistically specific services and resources to culturally s
“Cultural park” means a definable area which is distinguished by historic resources and land related to such resources and which constitutes an interpretive, educational, and recre
The term “cultural property” includes articles described in article 1(a) through (k) of the Convention whether or not any such article is specifically designated as such by any Sta
In this section, the term “cultural resource” means any of the following: (1) A building, structure, site, district, or object eligible for or included in the National Register of
A water-way or passage, whether of wood or stone, square or arched.^
A base kind of slavery; the confiscation or forfeiture, which takes place when a lord seizes his tenant's estate. Blount; Du Cange. CUM ACTIO FUERIT MERE CRIMINAL- !s, institui pot
Inold Englishlaw. A base kindofslavery. The confiscation or forfeiture which takes place when a lord seizes his tenant’s estate. Blount; Du Cange. Cum actio fuerit mere criminalis,
In feudal law. Confiscation, or forfeiture of lands and goods.
LEGITIMAE NUPTIAE FACTAE sunt, patrem liberl sequuntur. Children born under a legitimate marriage follow the condition of the father. CUM ONERE (Lat.) With the burden; subject to t
qnnm, I. When; whereas. Cum adsunt testimonia rernm, quid opus est verbis: when the proofs of facts ai-e present, what need is there of words. Cum [quum] de luero dnorum quajritur,
- Cum actio fuerit mere criminalis, institui poterit ab initio criminaliter vel civiliterdefined inBallentine's (1916)Black's (1910)
When an action is merely criminal, it can be instituted either criminally or civilly at the beginning.
quid opus est verbis? When the proofs of facts are present, what need is there of words? 2 Bulst. 53. CUM ALIQUIS RENUNCIAVERIT SOCIetatl, solvltur societas. When any partner renou
When the proofs of facts are present, what need Is there of words? 2 Bulat 58.
When any partner renounces the partnership, the partnership is dissolved. Tray. Lat Max. 118.
When one makes a voluntary confession, he should be more mildly treated.
Lat. With copulation, i. e., sexual intercourse. Used in speaking of the validity of a marriage contracted "per verba de futuro cum copula," that is, with words referring to the fu
When two are striving over money, the cause of the one in possession of it is the better one.
When the question is as to the gain of two persons, the cause of him who is in possession is the better. Dig. 50, 17, I26l
- Cum duo inter se pugnantia reperi-untur in testamento, ultimum ratum estdefined inBallentine's (1916)
When two repugnant matters are found in a will, the latter one is confirmed. See 16 Johns. (N. Y.) 146.
Where two things repugnant to each other are found in a will, the last shall stand. Co. Litt 112b; Shep. Touch. 451; Broom, Max. 583.
When two rights meet in one person, it is the same as if they were in two persons.
- Cum duo jura concurrunt in una persona aequum est ac si essent in duobusdefined inBallentine's (1916)
When two rights concur in one person, it is the same as if they were in two persons.
With a grain of salt.
APparet nullam esse acceptionem. When there is a disagreement in the substance, it appears that there is -no acceptance. 12 Allen (Mass.) 44. CUM IN TESTAMENTO AMBIGUE AUT etiam pe
- Cum in corpore dissentitur, apparet nullam esse acceptionemdefined inBallentine's (1916)Black's (1910)
When there is a disagreement in the substance of the matter, it appears there is no acceptance. See 12 Allen (Mass.), 44.
- Cum in testamento ambigne ant etiam perperam scriptum est benigne interpretari et secundum id quod credibile est cogitatum credendum estdefined inBlack's (1910)
Dig. 34, 5, 24. Where an ambiguous or even an erroneous, expression occurs in a will, it should be construed liberally, and in accordance with the testator's probable meaning. Broo
- Cum in testamento ambigue aut etiam perperam scriptum, est benigne interpretari, et secundum id quod credibile est cogitatum credendum estdefined inBallentine's (1916)
When an ambiguous or even an incorrectly written clause is found in a will, it should be interpreted liberally and according to what is to be believed to be the intention.
Children of lawful wedlock inherit from their father.
Children barn under a legitimate marriage follow the condition of the father.
neither the above-quoted provision from the Cummins Amendment nor the one from the Transportation Act was intended to operate as a statute of limitation. They restricted the freedo
The legatees are not bound to accept the bequest, but, if accepted, it must be subject to the disabilities annexed; it must be taken cum onere, or not at all.
With the burden; subject to.
semper oneratur petltor, et melior habetur possessoris causa. Where two parties are equally in fault, the claimant always is at a disadvantage, and the party in possession has the