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.
Mootness is a jurisdictional question because the Court 'is not empowered to decide moot questions or abstract propositions,' . . . our impotence 'to review moot cases derives from
where ... before a return to the writ could be made, or other action taken, the restraint of which the petitioner complained would terminate, ... the application for the writ shoul
The established practice of the Court in dealing with a civil case from a court in the federal system which has become moot while on its way here or pending our decision on the mer
An undecided point of law.
Hill of meeting, (gemot,) on which the Britons used to hold their courts, the judge sitting on the eminence; the parties, etc., on an elevated platform below. Enc. Lond.
Delay.
Sax. <A moor; barren or unprofitable ground; marsh; 4 heath; a watery bog or moor, Co. Litt. 5; Fieta, 1. 2, ¢. 71.
1. Pertaining or relating to the conscience or moral sense or to the general principles of right conduct 2. Cognizable or enforceable only by the conscience or by the principles of
Actions only in which men have knowledge to guide them and a
- Moral Certaintydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
This expression has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. 118 Mass. 23. That degree o
That degree of certainty which will justify a jury in grounding on it their verdict. It is only probability; but it is called certainty, because every sane man assents to it necess
A consideration good only in conscience.
The money was thus obtained by a moral duress, not justified by law, and which was not submitted to by the importer, except to regain possession of his property withheld from him o
As opposed to "mathematical" or "demonstrative" evidence, this term denotes that kind of evidence which, without developing an absolute and necessary certainty, generates a high de
Fraud involving actual turpitude, as distinguished from mere constructive fraud.
In fire insurance. The risk or danger of the destruction of the insured property by fire, as measured by the character and interest of the insured owner, his habits as a prudent an
In Medical Juriprudence. A morbid perversion of the moral feelings, affections. Inclinations, temper, habits, and moral disposition, without any notable lesion of the intellect or
The law of conscience; the aggregate of those rules and principles of ethics which relate to right and wrong conduct and prescribe the standards to which the actions of men should
- Moral Obligationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfill.,These obligations are of two kinds: (1) Those founded on a natural right; as, th
Contrary to justice, honesty, principle or good morals. See 123 Cal. 522; 56 Pac. 448.
A watery or boggy moor; a morass. Mora reprobatur in lege. Delay is reprobated in law. Jenk. Cent. p. 51, case 97.
For the sake of delaying payment.
Lat. For the purpose of delaying or postponing payment or performance.
Delay is disapproved of in law. Jenk. Cent. Cas. 51.
To delay.
The term “moratorium” means a complete cessation of the taking of marine mammals and a complete ban on the importation into the United States of marine mammals and marine mammal pr
The term “moratorium area” means the coastal waters with respect to which a declaration under section 5154(a) of this title applies.
The term “moratorium period” means the period beginning on the day on which moratorium is declared under section 5154(a) of this title regarding a coastal State and ending on the d
He demurs.
Otherwise called "Herm-hutters" or "United Brethren." A sect of Christians whose social polity is particular and conspicuous. It sprung up in Moravia and Bohemia, on the opening of
A 'morbid propensity to commit prohibited acts, existing in the mind of a person, who is not shown to have been incapable of knowing the wrongfulness of such acts, forms no defense
Dead.
An illness incapacitating one for business.
In husbandlike manner.
as here, a State asserts authority over the conduct of non-Indians engaging in activity on the reservation.
The addition of these or like qualifying words provides against accidental variations arising from slight and unimportant excesses or deficiencies in number, measure, or weight. 2
Words, in a conveyance of lands or contract to convey lands, importing that the quantity is uncertain and not warranted, and that no right of either party undpr the contract shall
Words, in a conveyance of lands or contract to convey lands, importing that the quantity is uncertain and not warranted, and that no right of either party under the contract shall
more pieces than in the burner he was patenting.
more precise, clear or certain, the Court is incorrect.
- Morganatic Marriagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
A lawful and inseparable conjunction of a single man of noble and illustrious birth with a single woman of an inferior or plebeian station, upon this condition, that neither the wi
The tawful and inseparable conjunction of a man, of noble or illustrious birth, witha woman of inferior station, upon condition that neither the wife nor her children shall partake
or MORGANGIVA. A gift on the morning after the wedding; dowry; the husband’s gift to his wife on the day after the wedding. Du Cange; Cowell.
A gift on the morning after the wedding; dowry; the husband's gift to his wife on the day after the wedding. Du Cange; CowelL
or MORGENGEBA (Law Lat.; Lomb. morgingap; Saxon, morgan gyfe; from morgin, morning, and gab, a gift). In old European law. A gift made to a wife on the morning of the nuptial day;
A gift to a bride on the wedding morning.
morgengeba, 1. 1. In old European law. A gift made to a wife on the morning of the nuptial day; a species of dower.
Anglo-Dutch. In old New York law. A measure of land, equal to about two acres.
A place where the bodies of persons found dead are exposed for identification, or until they are claimed and removed" by their relatives or friends. A dead house. A place where the
mourir, I, fr. To die. Morant, moarant: dying.
The system of doctrines, practices (especially polygamy), ceremonies, and church government maintained by the Mormons. Cent. Diet See Mabriaoe.
A gift made by the bridegroom to the bride the day after marriage. 2 Holdsw. Hist. E. L. 76. It was the purchase price or morgengifu of the heathen Germans; id. 77.
or MORPHINISM. The opium habit. An excessive desire for morphia. The irresistible desire for this drug, when acquired, resembles dipsomania (q. v.J. The result of continued and exc
Death.
Death is called the "last punishment," the "extremity of punishment." 8 Inst 212.
Death is called the extreme penalty.
In old English law. A small parcel or bit of land.
Death dissolves all things.
Death.
The word "mortality" may, under certain circumstances, include every description of death, every termination of life to which mortals are subject. It applies generally, however, to
Same as Life tables.
In French law. Civil death, as upon conviction for felony. It was nominally abolished by a law of the 31st of May, 1854, but something very similar to it, in effect, at least, stil
- Mort D'ancestordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
An ancient and now almost obsolete remedy in the English law. An assize of m,ort d'ancestor was a writ which was sued out where, after the decease of a man's ancestor, a stranger a
A gift is confirmed by the death of the donor.
A writ directed for the admission of a clerk in the place of another presented by the crown, where there had been a demise of the crown during a suit; for judgment once passed for
- mortgagedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
As between the mortgagor and all others than the mortgagee, it is a lien, a security, and not an estate. But as between the parties to the instrument, or their privies, it is a gra
This rule signifies that an instrument originally intended as a mortgage, and not a deed, cannot beconverted intoanything else thana mortgage by any subsequent clause or agreement.
“mortgage agreement” means the note or debt instrument and the mortgage instrument, deed of trust instrument, trust deed, or instrument or instruments creating the mortgage, includ
the term “mortgage charge rate” means the amount of mortgage charges for an insured mortgage expressed as a percentage of the initial principal amount of the mortgage.
the term “mortgage charges” includes the interest rate, discount points, loan origination fee, and any other amount charged to a mortgagor with respect to an insured mortgage; and
The term “mortgage credit certificate” means any certificate which— (A) is issued under a qualified mortgage credit certificate program by the State or political subdivision having
the principle upon which the personal estate is first liable in general cases is, that the contract primarily is a personal contract; the personal estate receiving the benefit: and
There is no doctrine better established than that the purchase of land, subject to a mortgage debt, does not make the debt personal; and on the question being raised, such debt has
- Mortgageedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
We believe the better rule in a case like this, and the one consistent with the Virginia decisions so far as they have gone, is that 'the mortgagees take just such an interest in t
The mortgagee clause created a contract of insurance between him and the company and effected separate insurance upon his interest.
the same thing as 'mortgagee for a valuable consideration without notice.'
A mortgagee of real property who is in possession of it with the agreement or assent of the mortgagor, express or implied, and in recognition of his mortgage and because of it, and
where the mortgagee insures solely on his own account, it is but an insurance of his debt; and if his debt is afterwards paid or extinguished, the policy ceases, from that time, to
A mortgagee out of possession is not liable for repairs. The benefit of repairs enures primarily to the mortgagor. A mortgagee out of possession does not appoint the master, or the
the interest of the mortgagee is now generally treated by the courts of law as real estate, only so far as it may be necessary for the protection of the mortgagee and to give him t
We know of no principle or decision to warrant this conclusion. Mortgages may as well be given to secure future advances and contingent debts, as those that already exist, and are
The guaranty of payment of the principal and interest of mortgage loans constitutes insurance.
The term “mortgage insurance” means insurance, including any mortgage guaranty insurance, against the nonpayment of, or default on, an individual mortgage or loan involved in a res
The term "mortgage insurance program" includes, in the case of a residential mortgage secured by a manufactured home, any manufactured home lending program under title I
The term “mortgage insurer” means a provider of private mortgage insurance, as described in this chapter, that is authorized to transact such business in the State in which the pro
In this title, the term “mortgage lending business” means an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage co
the term “mortgage loan” means a loan which is secured by residential real property or a home improvement loan; / As used in this subsection, the term “mortgage loan” means any con
The mere mortgage of a ship, other than that of an hypothecated bottomry, is a contract without any of the characteristics or attendants of a maritime loan, and is entered into by
A conveyance of goods in gage, or mortgage, by which the whole legal title passes conditionally to the mortgagee; and if the goods are not- redeemed at the time stipulated, the tit
the law will permit the grant or conveyance to take effect upon the property when it is brought into existence, and belongs to the grantor, in fulfilment of an express agreement, f
the term “mortgage originator” has the meaning given the term in section 1602 of title 15 ; and / The term “mortgage originator”— (A) means any person who, for direct or indirect c
The term “mortgage package” means a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document submitted to an applicable Bureau
The term “mortgage purchases” includes mortgages purchased for portfolio or securitization.
The term "mortgage-related assets" means— (A) residential mortgage loans secured by 1- to 4-family or multifamily dwellings; and (B) real property improved with 1- to 4-f
The term “mortgage related security” means a security that meets standards of credit-worthiness as established by the Commission, and either: (A) represents ownership of one or mor
This Court will certainly support a mortgage when there exists no actual debt, if the mortgagee is under any liability or engagement which may ultimately subject him to loss, or th
The whole case really turns on the question of whether the written instrument in controversy was a mortgage or a conditional sale. If it is the latter, it must be complied with acc
- mortgagordefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
The term “mortgagor” includes a person or persons giving a first or subordinate mortgage or lien (of the type described in subparagraph (A)) to secure a loan to finance the purchas
Murder.
A dead rent, like that which is called “mortmain.” Blount; Cowell.