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.
As used in various legal compound terms, this word means defective or incomplete; wanting in some legal or formal requisite; wanting in legal sanction or effectiveness; as in speak
A substitution of debtors without discharging the original one.
Those which are not, in view of the law, of binding force.
Rights existing in behalf of one who is himself not free from fault. See 162 U. S. 466, 40 L. Ed. 1039, 16 Sup. Ct. Rep. 859.
One which requires a further exercise of the granting power to pass the fee in land, or which does not convey full and absolute dominion. Paschal v. Perez, 7 Tex. 367; Paschal v. D
- Imperfect Trustdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A trust which has not been executed. See "Trust." IMPERII MAJESTAS EST TUTELAE SAlus. The majesty of the empire is the safety of its protection. Co. Litt. 64.
An imperfect or quasi usufruct is that which is of things which would be useless to the usufructuary if hg did not consume or expend them -or change the substance of them; as, mone
The imperfect was is that which does not entirely destroy the public tranquillity, but interrupts it only in some particulars, as in the case of reprisals.
The English parliament, thus named in 1801.
Co. Litt. 64. The majesty of the empire is the safety of its protection.
The majesty of the empire is the safety of its protection.
Unskillfully.
Unskillfulness.
Want of skill is reckoned as culpa; that is, as blam-able conduct or neglect Dig. 50, 17. 132.
Unskillfulness is rated as negligence.
Ignorance or want of skill is considered a fault, i. e., a negligence, for which one who professes skill is responsible. Dig. 60. 17. 132; 1 Bouv. Inst, note 1004; 2 Kent, Comm. 58
Unskillfuiness is the greatest punishment of mechanics; [that is, from its effect in making them liable to those by whom they are employed.] 11 Coke, 54a. The word "pœna" in some t
Lack of skill is the greatest punishment of mechanics.
- imperiumdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
governmental powers of regulation and control
Congress cannot impose such a penalty in a manner that needlessly penalizes the assertion of a constitutional right.
In this subparagraph and subparagraph (E), the term “impermissible tax” means a health care related tax for which a reduction may be made under clause (ii) or (iii) of subparagraph
The term “impermissible tenant service income” means, with respect to any real or personal property, any amount received or accrued directly or indirectly by the real estate invest
Impersonality.
Impersonality neither eludes nor binds.
Co. Litt. 352b. Impersonality neither concludes nor binds.
Government officials are impersonated by any persons who 'assume to act in the pretended character.
Immateriality; irrelevancy.
That which is not relevant or pertinent.
See "Impechiare."
To Impeach or accuse. Itnpeacatus, impeached. Jac.; Blount
To impeach.
- Impetitio Vastidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Impeachment of waste (q. v.). IMPETRARE (Lat.) In old English practice. To obtain by request, as a writ or privilege. Bracton, fols. 57, 172b. This application of the word seems to
I. I In old English law. Impeached, or accused of an offense; an accused person.
To obtain by asking.
The obtaining anything by prayer or petition. In the ancient English statutes, it signifies a preobtaining of churches benefices in England from the church of Rome, which belonged
I In old English law. An obtaining by request, or prayer. Applied to writs and liberties.
Irrelevancy; the fault of not properly pertaining to the issue or proceeding. The introduction of any matters into a bill, answer, or other pleading or proceeding in a suit, which
Umpire. IMPIERMENT (Law Fr.) Impairing or prejudicing, St. 23 Hen. VIII. c. 9. Blount; Kdham. I M PIG NO RATA (Law Lat.) Pledged; given in pledge (.pignori data); mortgaged. A term
Impairing or prejudicing. Jac. L. Diet.
Pledged; mortgaged.
A pledge or mortgage.
He is to be judged impious and cruel who does not favor liberty. Co. Litt. 124.
He should be adjudged impious and cruel who does not favor liberty.
To implead.
The term “implant” means— (A) a medical device that is intended by the manufacturer of the device— (i) to be placed into a surgically or naturally formed or existing cavity of the
- Impleaddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In practice. To sue or prosecute by due course of law. 9 Watts (Pa.) 47. IMPLEADED (Lat. implaeitatus). Sued or prosecuted. Still used in practice. The word is not synonymous with
Sued or prosecuted; used partichlarly in the titles of causes where there are several defendants; as "A. B., impleaded with C. D."
I. fr. To implead. Implede: impleaded or sued.
The term “implement” refers to those actions necessary to effectuate fully and promptly a final determination of the Division not later than 30 calendar days after the effective da
The term “implement and enforce” means to enact and implement laws or regulations as required to conform with the provisions of a coastal fishery management plan and to assure comp
In this section, the term “implementation” means all activity in the life cycle of a project after preliminary design, independent assessment of the preliminary design, and approva
In this section, the term “implementation date” means the date that is 5 years after the date on which standards for each National Geospatial Data Asset data theme are established
As used in this paragraph, the term “implementation expenses”— (i) means costs incurred by the Corporation beginning on July 21, 2010, as part of its efforts to implement this subc
The term "Implementation Plan" means the Implementation Plan for the Comprehensive Strategy for a Collaborative Approach for Reducing Wildland Fire Risks to Communities a
The term “implementing bill” means only a bill of either House of Congress which is introduced as provided in subsection (c) with respect to one or more trade agreements, or with r
the step-by-step instructions that make those methods run.2 It is like the detailed definition in a statute.
The term "implementing partner" means any United States organization described in section 501(c)(3) of title 26 that— (A) performs logistical, administrative, and other f
The term "implementing partner organization" means an entity eligible to receive assistance under this subpart which is— (A) a United States or an indigenous private volu
the term “implementing revenue bill” means an implementing bill which contains one or more revenue measures by reason of which it must originate in the House of Representatives.
The term “implementing revenue bill or resolution” means an implementing bill, or approval resolution, which contains one or more revenue measures by reason of which it must origin
Such things as are used or employed for a trade or furniture of a house. Coolidge v. Choate, 11 Mete. (Mass.) 82. Whatever may supply wants; particularly applied to tools, utensils
A term used In mercan-tlle law, derived from the Italian. In order to avoid the risk of making fruitless voyages, merchants have been in the habit of receiving small adventures, on
- Implicationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
An inference of something not directly declared, but arising from what is admitted or expressed. See terms defined under "Implied."
right of citizens to be free of private interference in federal elections.
Arising by intendment or Inference, rather than by actual expression in words.
- Implied Abrogationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See "Abrogation."
An acceptance by the drawee of a bill of exchange which the law implies from his conduct; acts on the part of the public from which their acceptance. of a highway is presumed. See
this Court has consistently refused to rule that jeopardy for an offense continues after an acquittal, whether that acquittal is express or implied by a conviction on a lesser incl
Where written evidence of their appointment is not required, it may be implied from circumstances. These circumstances are the acts of the agent and their recognition, or acquiesce
- Implied Assumpsitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See "Assumpsit."
where a party to a negotiable instrument intrusts it to the custody of another with blanks not filled up, whether it be for the purpose to accommodate the person to whom it was int
Where a party to a negotiable bill of exchange or promissory note containing blanks, intrusts it to the custody of another...such bill or note, especially if it be indorsed in blan
a bias attributable in law to the prospective juror regardless of actual partiality
See "Condition."
Every contract, whether between the state and an individual, or between individuals only, is subject to this general law. There enters into every engagement the unwritten condition
defendants accused of minor offenses did not explicitly admit their guilt but threw themselves on the King's mercy and expressed their willingness to submit to a small fine; the co
The state may declare that the use of the highway by the nonresident is the equivalent of the appointment of the registrar as agent on whom process may be served in proceedings gro
See "Consideration."
the only possible basis for implying a constitutional immunity from state income tax of the salary of an employee of the national government or of a governmental agency is that the
other acts of the testator, which have always been considered as revocations, because contrary to, or inconsistent with, the Will, and evidencing an alteration of intention; as a d
after services have been rendered by a public officer under a law specifying his compensation, there arises an implied contract under which he is entitled to have the amount so fix
In that large class of transactions designated in the law as implied contracts, the assent or convention which is an essential ingredient of an actual contract is often wanting.
where the act to be done by one of the contracting parties can only be done upon something of a corresponding character being done by the opposite party, the law in such a case, if
See "Covenant."
Whatever, in the circumstances, would be reasonably expected of operators of ordinary prudence, having regard to the interests of both lessor and lessee, is what is required.
One which arises by operation of law from the acts of the owner. See 129 Am. St. Rep. 578, note.
An implied easement is an easement resting upon the principle that, where the owner of two or more adjacent lots sells a part thereof, he grants by implication to the grantee all t
The implied exemption is a shield for federal agencies; not the source of congressional power to control state action in respect of other matters.
The purpose to exclude state action for the discharge of insolvent debtors may be manifested without specific declaration to that end; that which is clearly implied is of equal for
There is no mention of his age in the patent, and yet it must be taken as impliedly containing a finding that he was then an adult. This is so, because every patent for public or I
It is a principle implied from the necessity of maintaining our dual system of government. Springing from that necessity it does not extend beyond it. Protecting the functions of g
The appellate powers of this court are not given by the judicial act. They are given by the constitution. But they are limited and regulated by the judicial and by such other acts
At common law the owner was required to confine his live stock, or else was held liable for any damage done by them upon the land of third persons. That law was not adapted to the
- implied malicedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
that in the case charged the evidence shows that the party charged committed the act, and that it was intentional and unlawful, that is, without justifiable excuse, and the evidenc
where the obligation of plaintiffs requires an expenditure of a large sum in preparation to enable them to perform it, and a continuous readiness to perform, the law implies a duty
a strike to settle a dispute which a collective bargaining agreement provides shall be settled exclusively and finally by compulsory arbitration constitutes a violation of the agre
All persons...who may build a dam for mill purposes, on a stream annually frequented by fish, do it under an implied obligation to keep open sufficient sluices and fishways for the
By an implied power is meant one that is directly and immediately appropriate to the execution of the specific power granted, and not one that has slight or remote relation to it.
It is true, that such a power, if it exists, must be derived from implication, and the genius and spirit of our institutions are hostile to the exercise of implied powers. Had the
Certain implied powers must necessarily result to our Courts of justice from the nature of their institution. But jurisdiction of crimes against the state is not among those powers