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.
The term “legal assistance” means legal services authorized under section 1044 of this title. / The term "legal assistance" means assistance provided by or under the dire
the standard governing dismissal for want of jurisdictional amount: it must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify
In Poe v. Seaborn, supra, the court was not dealing with a consensual community but one made an incident of marriage by the inveterate policy of the State.
Legal compensation refers solely to the injury done to the property taken, and not to any collateral or consequential damages, resulting to the owner, by the trespass.
Compulsion presumed in law, as by the presence of a husband with his wife during her criminal act.
See Consideration.
As used in section 2210 of this title , the term “legal costs” means the costs incurred by a plaintiff or a defendant in initiating, prosecuting, investigating, settling, or defend
Such conduct on the part of a husband as will endanger the life, health, or limb of his wife, or create a reasonable apprehension of bodily hurt; such acts as render cohabitation u
Such losses as the law will compensate. See 44 N. J. L. 181, 43 Am. Rep. 353.
One in which the court is in session. See 48 La. Ann. 1088, 20 South. 281.
Those that are recoverable in a court of common law, as debt on a bili of exchange, a bond, or a simple contract. Rogers v. Daniell, 8 Allen (Mass.) 348; Guild v. Walter, 182 Mass.
(1) A defense which is complete and adequate in point of law. (2) A defense which may be set up in a court of law; as distinguished from an "equitable defense," which ia cognizable
Legal definitions are, for the most part, inductive generalizations derived from our juridical experience; and, in order to be complete and adequate, they must sum up the results o
Patents are public records. All persons are bound to take notice of their contents, and consequently should have a right to obtain copies of them.… Where there is a right on the on
Thediscretion to be exercised by a judge in interpreting the law, or in applying equitable principles to the determination of causes or the granting of relief.
That which the law requires to be done or forborne to a determinate person, or to the public at large, and Is correlative to a right vested in such determinate person. Emry v. Wate
I. The king's council at law; the king's council in matters of law.
See Case System; Education.
COUNCIL OF. A body consisting of Benchers of the Four Inns of Court established in London in 1852.
The term “legal entity” means an entity that is created under Federal or State law and that— (A) owns land or an agricultural commodity; or (B) produces an agricultural commodity.
a mistake about the law, as opposed to a mistake concerning the weight or the factual import of the evidence.
One the right to which may be enforced in a court of law. It is distinguished from an equitable estate, the right to which can be established only in a court of equity. 2 Bouv. Ins
The usages among members of the legal profession involving their moral duties toward one another, their clients and the courts.
A broad general term meaning all admissible evidence, including both oral and documentary, but with a further implication that it must be of such a character as tends reasonably an
The term “legal guardianship” means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer
A legal representative. See 118 Pa. 215, 4 Am. St. Rep. 588, 11 Atl. 787. See, also, Legal representative.
When the last day prescribed under authority of the internal revenue laws for performing any act falls on Saturday, Sunday, or a legal holiday, the performance of such act shall be
not only federal holidays but also 'holidays prescribed by the "laws of the State where the clerk's office is located".' (Emphasis supplied.) On this point, New York law is specifi
that the person in view has the right vested in him, but is prevented by some impediment from exercising it; as in the case of minors, femes covert, lunatics, etc. An administrator
a sales tax which by its terms must be passed on to the purchaser imposes the legal incidence of the tax upon the purchaser
That rate of interest
See iRBEOTmAEmr.
- Legalis homodefined inBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
A lawful man.- See Lawful man .
Lawful money of England. 1 Inst. 207.
Lawful money of England. 1 Inst. 207.
the 'legal' nature of an issue is determined by considering, first, the pre-merger custom with reference to such questions; second, the remedy sought; and, third, the practical abi
I L The quality, character or condition of a legalis homo; behavior according to law; good behavior.
or LEGALNESS. Lawfulness.
Lawfulness.
- Legalizationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The act of making lawful. By legalization is also understood the act by which' a judge or competent officer authenticates a record, or other matter, in order that the same may be l
To confirm acts already done, not to authorize new proceedings in the future. Barker v. Chesterfield, 102 Mass. 128.
A structure, erection, or other thing which would constitute a nuisance at common law, but which cannot be objected to by private persons because constructed or maintained under di
The term “legal limit” means a blood alcohol concentration of 0.08 percent or greater (as set forth in section 163(a)) or such other percentage limitation as may be established by
See "Legal."
not a future diversion, but one now being exercised under a legal right, and that under this statute a legal abstractor may take what he was diverting in 1907, and, if that did not
- Legal Malicedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Constructive or implied malice. See "Malice." LEGAL IVl EMORY. See "Memory."
The time fixed by statute as “time out of mind,” varying from 60 years in England, 25 years and less in the United States. See 8 Barb. (N. Y.) 153.
Under the words “other legal merchandise” In a charter party, the charterer is at liberty to ship any lawful article he pleases, but is bound to pay the same amount of freight the
A first mortgage. This is unquestionably so as regards land, because it is only the first mortgage which can grant the legal estate in laud; and it has been held that where there w
Negligence per se; the omission of such care as ordinarily prudent persons exercise and deem adequate to the circumstances of the case. In cases where the common experience of mank
Such noticb as Is adequate in point of law, such notice as the law requires to be given for the specific purpose or in the particular case. A legal notice to quit is a notice provi
Obligation to do and perform what the law of the land as existing at the time requires one to do. See 120 Am. St. Rep. 471, note.
The term “legal officer” means any commissioned officer of the Navy, Marine Corps, or Coast Guard designated to perform legal duties for a command.
This term includes all proceedings authorized or sanctioned by law, and brought or instituted in a court of justice or legal tribunal, for the acquiring of a right or the enforceme
any writ, order, summons, or other similar process in the nature of garnishment.
the statute required the filing and publishing of tariffs specifying the rates adopted by the carrier, and made these the legal rates; that is, those which must be charged to all s
Same as Legal interest.
In determining what is a legal remedy and its adequacy to defeat their equity jurisdiction, the federal courts are guided by the historic distinction between law and equity in thos
In this section, the term "legal representation" means legal counsel and investigative, expert, and other services necessary for competent representation. / In this secti
- legal representativedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)
The term “legal representative” means a parent or an individual who qualifies as a legal guardian under State law.
This formula, 'or his legal representatives,' embrace representatives of the original grantee in the land, by contract, such as assignees or grantees, as well as by operation of la
In Scotch law. The period within which a proprietor is at liberty to redeem land adjudged from him for debt. Bell, Diet. "i LEGAL TENDER. Lawful money which may be tendered in paym
The principle is without application unless the right invaded is a legal right,—one of property, one arising out of contract, one protected against tortious invasion, or one founde
The right of one who pays another’s debt as insurer, guarantor or surety to succeed to his rights. See 168 111. 618, 61 Am. St. Rep. 146, 48 N. E. 161.
That which the law establishes in favor of the nearest relation of a deceased person.
A tender in legal tender notes or United States coin. See 17 Ind. App. 444, 46 N. E. 151.
Current treasury notes of the United States. See 17 Minn. 241.
The legal title must rest upon entry, survey, registry and patent; and it will be admitted that a legal title cannot be in any one until a patent has been issued; and further, that
a vote recorded on a ballot that clearly reflects what the voter intended.
the characterization of that state-created claim as legal or equitable for purposes of whether a right to jury trial is indicated must be made by recourse to federal law
In Virginia, the moneys arising from the sale of personal property are called legal assets, in the hands of an executor or administrator; and those which arise from the sale of rea
Services rendered under the requirements of law or of contract, for which a compensation is fixed, constitute a legal demand. Services rendered under an authority which is casual,
such a wrong as is specified in section 10(e).
- Legantine Constitutionsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The name of a code of ecclesiastical laws, enacted in national synods, held under legates from Popes Gregory IX. and Clement IV., in the reign of Hen. III., about the years 1220 an
The alloy of money. Spelman.
To leave by legacy.
(Lat.) In the civil law. One to whom a thing is bequeathed; a lega-, tee, or legatary. Bract, fol. 40. In old European law. A legate, messenger, or envoy. Spelman.
A legatee to whom the testator has in his will instructed his heir to give a definite share of his universal succession. This kind of legacy was called a legacy of partition (legat
One to whom anything Is bequeathed; a legatee. This word is sometimes, though seldom, used to designate a legate or nuncio.
See Minister, 3.
- Legateedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
The person to whom a legacy is given. See "Legacy."
Legates are extraordinary ambassadors sent by the pope to Catholic countries to represent him, and to exercise his jurisdiction. Thfey are distinguished from the ambassadors of the
In English law. Ecclesiastical laws enacted in national synods held under the cardinals Otho and Othobon, in the reign of Henry III., about 1320 and 1268.
An embassy.
I. A legate; an ambassador, envoy or nuncio. Legates violare contra jus gentium est: to offer violence to ambassadors is against the law of nations.
One who niakes a will, and leaves legacies
The third part of a freeman's personal estate, which by the custom of London, in case he had a wife and children, the freeman might always have disposed of by will. Bac. Abr. "Cust
To violate ambassadors is against the law of nations.
- Legatumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
In Civil Law. A legacy; a gift left by will. Dig. 3136. A gift left by a deceased person to be executed by the heir. Inst. 2. 20. 1. In Common Law. A legacy. In Old Ecclesiastical
- Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos traditione soladefined inBallentine's (1916)
A legacy is confirmed by the death of the testator, just as a gift between living persons is confirmed by delivery alone.
In Roman law. A legacy to A. B. of any article or articles that A. B. liked to choose or select out of the testator's estate. If A. B. died after the testator, but before making th
REGIS VICE FUNGITUR A quo destinatur, et honorandus est sicut ille to be honored as he is whose place he fills. 12 Coke, 17.
- Legatus regis vice fungitur a quo destinatur, et honorandus est sicut ille cujus vicem geritdefined inBallentine's (1916)Black's (1910)
An ambassador officiates in the place of the king by whom he is sent, and should be honored as much as he whose place he holds.
To lose one's law; to become infamous or outlaw.
Lat. Accusative of lex, law. Occurring in various legal phrases, as follows: —Legem amittere. To lose one's law; that is, to lose one's privilege of being admitted to take an oath.
To lose one’s law, i. e., to lose the right to make oath.
The contract makes the law. 22 Wend. (N. Y.) 215, 233. LEGEM FACERE (Law Lat.) In old English law. To make law, or oath. Legem vadiare, to wage law. Legem habere, to have law; to b
To make an oath; to wage one’s law. See Wager of law .
(Roman Law) To submit a law to the people.
To have one's law; to be a legal person. LEGEM JUBERE (or SCISCERE). In the Roman law. To give consent and authority to a proposed law; to make or pass it. Tayl. Civ. Law, 9. LEGEM