Law Dictionary

It is a well-established principle where an individual in the prosecution of a right does everything which the law requires him to do, and he fails to attain his right by the misco

In practice. A continuance of a suit by undue process. Its effect is the same as a discontinuance. 2 Hawk. P. C. 299; Kitch. Cts. 231; Jenk. Cent. Cas. 57.

In old English law. An

(L. Fr.) In old English law. Apostates; unbelievers; infidels. Classed by Britton with the worst criminals; as murderers, robbers, prison-breakers, sorcerers, poisoners, etc. Britt

A false or erroneous date affixed to a paper or document.

The delivery of property by a carrier to a person not authorized by the owner or person to whom the carrier is bound by his contract to deliver it Forbes V. R. Co., 133 Mass. 166.

In old English law. To use improperly; to abuse. "If he misdemean an authority." Finch, Law, bk. 1, c. 3, No. 63.

A person guilty of a misdemeanor.

This term 'misdemeanor' has been generally understood to mean the lower grade of criminal offense as distinguished from a felony. It is true that the term has often been used in th

an offense that— "(i) is a misdemeanor under Federal, State, or Tribal law; and "(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a dea

applying only to crimes that "ha[ve], as an element, the use or attempted use of "physical force, "or the threatened use of a deadly weapon," § 921(a)(33)(A)(ii) (emphasis added).

those crimes punishable by a maximum of one year in jail and a $500 fine.

misdemesnor. dictable offense, not

An erroneous or false description of a contract which is misleading in a material point.

An error made by a Judge in charging the Jury in a special case. It is a rule, subject to the qualifications hereafter stated, that when the Judge at the trial misdirects the Jury

Costs; the general issue in a writ of right. See 3 Pet. (U. S.) 133, 7 L. Ed. 629.

Money paid by way of contract or composition to purchase any liberty, etc. Blount. inisera est servitus, uhi jus est vagum aut incertum. It is a wretched state of slavery which sub

Put in writing.

A deposit made under stress of necessity.

ubi jus est vagum aut incertum, /. Obedience to law is a hardship where the law is vague or uncertain.

UBI JUS EST vagum aut incertum. It is a miserable slavery where the law is vague or uncertain. 4 Inst. 246; 9 Johns. (N. Y.) 427; 11 Pet. (U. S.) 286.. MISERABILE DEPOSITUM (Lat.)

It is pitiable slavery where the law is vague and uncertain. See 8 U. S. 75, 2 L. Ed. 554.

The name and first word of one of the penitential psalms (Ps. li., 1), being that which was commonly used to be given by the ordinary to such condemned malefactors as were allowed

Amercement, which see.

In old English law. A fine on the whole commtinity.

The performance of an act which might lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance or nonfeasance. See, generall

the plaintiff's declaration averred positive acts of negligence on the part of Johnson toward the plaintiff; namely, that while engaged in the company's service in the movement of

An adverse event not immediately dependent on the action or will of him who suffers from it, and of such a character that no prudent man would take it into his calculation in refer

Money paid by way of contract or composition to purchase any liberty, ete. Blount. Misora est servitus, ubi jus est vagum aut incertum. It is a wretched state of slavery which subs

An improper joinder, whether of actions, causes of action, offenses, parties, etc. See "Joinder." MISKENNING (Fr. mis, wrong, and Saxon cennan, summon). A wrongful citation; a vari

A mistake in stating or quoting.

To deposit in a place not afterwards recollected; to lose anything by forgetfulness of the place where it was laid. Shehane v. Sinte, 13 Tex. App. 535.

the terms “false”, “incorrect”, and “misleading” mean, respectively, false, incorrect, and misleading in any particular;

the term “misleading conduct” means— (A) knowingly making a false statement; (B) intentionally omitting information from a statement and thereby causing a portion of such statement

the term “misleading designation”— (A) means a certification, professional designation, or other purported credential that indicates or implies that a salesperson or adviser has sp

the term “misleading or fraudulent marketing” means the use of a misleading designation by a person that sells to or advises a senior in connection with the sale of a financial pro

The term "misleading statement" includes any communication, action, omission, or intimation made in writing, visually, orally, or through other means, that has the likeli

In old English law. The being quit of amercements for plaints not regularly and properly preferred.

The use of a wrong name in designating any person in any instrument or proceeding. In contracts and deeds, a misnomer is generally immaterial if the person intended can be ascertai

2 1. Formerly, any dereliction or ofi Eense which had no distinctive name.' Any such high offense as is under the degree of capital, but nearly bordering thereon; is contained in e

Neither this Court nor any member of it has ever expressed the view that the Fourth Amendment protects a wrongdoer's misplaced belief that a person to whom he voluntarily confides

Pleading incorrectly, or omitting anything in pleading which is essential to the support or defense of an action, is so called. 198 111. 466. Pleading "Not guilty" to an action of

In criminal law. A term used to signify every considerable misdemeanor which has not a certain name given to it by law. 3 Inst. 36. The concealment of a crime. Misprision of felony

See Misprision.

it is the effence of the offence, as well upon general principles, as upon the positive language of the act of Assembly, that the words should be spoken publicly, deliberately, mal

The offense of failing to prevent a felony committed in one’s presence (See 62 Ark. 286, 36 S. W. 900); the concealment of a past felony.

When a deed is read falsely to an illiterate or blind man who is a party to it, such false reading amounts to a fraud, because the contract never had the assent of both parties; 5

The incorrect recital of a matter of fact, either in an agreement or a plea. Under the latter term is here understood the declaration and all the subsequent pleadings. See "Recital

The misrepresentation which will vitiate a contract of sale, and prevent a court of equity from aiding its enforcement, must not only relate to a material matter constituting an in

It is not on the doctrine of seaworthiness that a misrepresentation is held to vitiate the policy, because the insured is always held to guaranty the sufficiency of his vessel to p

the term “misrepresentation of fact” means a false statement of substantive fact, or any conduct which leads to a belief of a substantive fact material to proper understanding of t

Lat The mass.

The mass-book.

the term “missile” means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed productio

The term "missile defense and defeat programs" means active and passive ballistic missile defense programs, cruise missile defense programs for the homeland, and missile

the terms “missile equipment or technology” and “MTCR equipment or technology” mean those items listed in category I or category II of the MTCR Annex; / the terms "missile equ

The term "missile range" means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.

the term “Missile Technology Control Regime” or “MTCR” means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Ca

The term "Missile Technology Control Regime Annex" means the Guidelines and Equipment and Technology Annex of the Missile Technology Control Regime, and any amendments th

In Roman Law. Gifts which officers were in the habit of throwing among the people. Inst. 2, 1, 45.

The term "missing adult" means an individual who— (A) is older than the age for which an alert may be issued through the AMBER Alert communications network in the State o

For purposes of this subparagraph, the term "missing child" shall have the meaning given such term by section 403 of the Missing Children's Assistance Act (42 U.S.C. 5772

The term “missing participant” means a participant or beneficiary under a terminating plan whom the plan administrator cannot locate after a diligent search.

The term “missing person” means— (A) a member of the armed forces on active duty who is in a missing status; or (B) a civilian employee of the Department of Defense or an employee

A ship which has been at sea and unheard from for so long a time as to give rise to the presumption that she has perished with all on board. There is no precise time fixed as to wh

“missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (

A sending; a putting.

Rutting a creditor in possession of his debtor,s goods under an execution.

A writ by which a creditor obtained actual control, or mere detention of a thing as security for his claim, without any right of sale or action. Sohm, Rom. L. 275.

A sending out of the jury to decide upon their verdict.

The term “mission” means the mission of the Office. / the term “mission” includes missions within the meaning of the Vienna Convention and any missions representing foreign governm

The term “mission assignment” means a work order issued to a Federal agency by the Agency, directing completion by that agency of a specified task and setting forth funding, other

The large tracts of land appurtenant to the mission establishments, were never vested in the church, or any other corporation or individual, by any grant of a legal title. The miss

The name of one of the United States of America. The territory of Mississippi, embracing the present states of Alabama and Mississippi, was authorized to be organized by act of con

In Scotch practice. Writings passed between parties as evidence of a transaction. Bell, Diet. MISSTAICUS (Lat.) In old records. A messenger.

The name of one of the United States of America. It was formed out of part of the territory ceded to the United States by the French Republic by treaty of April 30, 1803, and admit

The provisions in the act admitting Missouri to the Union in 1820, prohibiting slavery north of lat. 36° 30' N., except in Missouri.

A priest in orders. Blount.

A messenger.

The ceremonies used In a Roman Catholic church to recommend and dismiss a dying person.

An erroneous conception, conviction, or belief in respect to matter of either fact or law, arising from ignorance, surprise, imposition, or misplaced confidence. See Story, Eq. Jur

In contracts of this kind the same good faith is required, and the same responsibility attaches to its violation, which law and reason prescribes in every description of contracts.

Mistake of fact has been defined to be a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in an unconscious ignorance

If it was made under any mistake at all, it was clearly a mistake of law. They mistook the legal effect of transactions of which they were chargeable with notice.

1. 1. A trade or occupation; a mystery.

An old form of mystery (q. V.)

The style of the wife of an esquire or gentleman.

A trial which Is erroneous on account of some defect in the persons trying, as if the jury come from the wrong county, or because there was no issue formed, as if no plea be entere

For purposes of this section, the term “misuse” means— (1) splitting purchases; (2) exceeding applicable purchase card limits or purchase thresholds; (3) purchasing any unauthorize

An unlawful use of a right. In cases of public offices and franchises, a misuser is sufiicient to cause the right to be forfeited. 2 Bl. Comm. 153; 5 Pick. (Mass.) 163.

To mitigate a sentence is to reduce or lessen the amount of the penalty or punishment.

facts about the defendant's character or background, or the circumstances of the particular offense, that may call for a penalty less than death.

Reduction; diminution; lessening of the amount of a penalty or punishment. Circumstances which do not amount to a justification or excuse of the act committed may yet be properly c

A reduction of the amount of damages, not by proof of facts which are a bar to a part of the plaintiffs cause of action, or a justification, nor yet of facts which constifute a cau

I. In the milder sense.

See "In Mltlorl Sensu." MITIUS IMPERANTI MELIUS PAREtur. The more mildly one commands, the better is he obeyed. 3 Inst. 24. MITTENDO MANUSCRIPTUM PEDIS finis. An abolished judicial

The more’ mildly one commands, the better he is obeyed.

In French law. The joint ownership of two neighbors in a wall, ditch or hedge which separates their estates.

Writtosend the record and process of acause to a superior court; a species of writ of error. Reg. Orig. 209.

: CLERICO CAPTO PER STATUTUM