Law Dictionary
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An abbrevlation for "Upper Bench."
Insurance policies are traditionally contracts uberrimae fidei and a failure by the insured to disclose conditions affecting the risk, of which he is aware, makes the contract void
The utmost good faith.
CONCEDItur et Id sine quo res Ipsa esse non potest. When anything is granted, that also is granted without which the thing granted cannot exist., Broom, Leg. Max. (3d London Ed.) 4
- Ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non potestdefined inBallentine's (1916)Black's (1910)
When anything is granted, that is also granted without which the thing itself cannot exist.
Where anything is impeded by one single cause, lf that be removed, the impediment is removed. Branch, Princ., citing 5 Coke, 77a.
When anything is impeded by reason of one thing, with the removal of that, the impediment is removed.
When an ordinary remedy is idle, then resort must be made to an extraordinary one.
Lat. Wherever. Ubicunque est injuria, ibi damnum sequitur: wherever there is an injury, there a damage results. In English law. Ubicunque fuerimus in Anglia: wheresoever we shall b
IBI POENA 8UBESSE debet. Where the crime is committed, there the punishment should be inflicted. Jenk. Cent. Cas. 326.
Where the crime is committed, there ought the punishment to be undergone. Jenk. Cent 325.
Where the fault is, there the punishment ought to be visited.
IBI DAMnum sequltur. Wherever there is a wrong, there damage follows. 10 Coke, 116. UBICUNQUE FUERIMUS IN ANGLIA (Law Lat. Wheresoever we shall be in England). The style of the ret
Wherever there is a wrong, there damage follows.
Wherever we may be in England.
VICTUS VICTOri in expensis condemnari debet. Where damages are given, the losing party should be adjudged to pay the costs of the victor. 2 Inst. 289; 3 Bl. Comm. 399.
- Ubi damna dantur, victus victori in expensis condemnari debetdefined inBallentine's (1916)Black's (1910)
When damages are given, the unsuccessful party ought to be adjudged to pay the successful party’s costs.
IB! IDEM JUS. Where there is the same reason, there is the same law. 7 Coke, 18; Broom, Leg. Max. (3d London Ed.) 145. UBI ET DANTIS ET ACCIPIENTIS TURpitudo versatur, non posse re
7 Coke, 18. Where the same reason exists, there the same law prevails; and, of things similar, the judgment is similar.
When the reason is the same, the law is the same, and in similar cases the judgment is the same.
Where the ordinary remedy fails, recourse must be had to an extraordinary one. 4 Coke, 92b.
- Ubi est dantis et accipientis turpitudo versatur, non posse repeti dicimus; quotiens autem accipientis turpitudo versatur, repeti possedefined inBallentine's (1916)
When there is turpitude in both the giver and the receiver, we say the thing cannot be recovered, but that whenever the turpitude is in the receiver only, it can be recovered. See
Where the forum is, there the law is accordingly.
- Ubi et dantis et aeeipientis turpitndo versatur, non posse repeti dicimns; quotiens antem aeeipientis turpitudo versatur, repeti possedefined inBlack's (1910)
Where there is turpitude on the part of both giver and receiver, we say It cannot be recovered back; but as often as the turpitude is on the side of the receiver [alone] it can be
IBI PORTIA nulla. Where there is no act, there can be no force. 4 Coke, 43.
Where there is no act there is no force.
Where there is no principal fact, there can be no accessary. 4 Coke, 426.
IBI REMEDIUM. Where there is a right, there is a remedy. 1 Term R. 512; Co. Litt. 197b; 3 Bouv. Inst, note 2411; 4 Bouv. Inst. 8726. UBI LEX ALIQUEM COGIT OSTENDERE causam, neoesee
Where there is a right there is a remedy (for its violation). See 122 Ga. 190, 106 Am. St. Rep. 104, 2 Ann. Cas. 561, 69 L. R. A. 101, 50 S. E. 68.
Where the law is uncertain, there is no law.
When the law is uncertain, there is no law.
- Ubi lex aliquem cogit ostendere cansam, necesse est quod cansa sit justa et legitimadefined inBlack's (1910)
Where the law compels a man to show cause, it is necessary that the cause be just and lawful. 2 Inst 289.
- Ubi lex aliquem, cogit, ostendere causam, necesse est quod causa sit justa ea legitimadefined inBallentine's (1916)
When the law compels anyone to show cause, it is necessary that the cause be just and legal.
- Ubi lex est specialis, et ratio ejus generalis generaliter accipienda estdefined inBallentine's (1916)Black's (1910)
When the law is special and the reason of it is general, it should be construed generally.
NEC NOS distlnguere debemus. Where the law does not distinguish, we ought not to distinguish. 7 Coke, 5.
When the law does not distinguish we ought not to distinguish.
Where the law does not distinguish, neither ought we to distinguish. 7 Coke, 5b.
IBI TOTUM. Where is the greater part, there is the whole. F. Moore, 578.
Where is the greater part, there is the whole.
IBI DOS. Where there is marriage, there is dower. Bracton, 92. UBI NON ADE8T NORMA LEGIS, OMnia quasi pro suspectis habenda sunt. When the law fails to serve as a rule, almost ever
Where there is marriage, there is dower.
When the law fails to serve as a rule, almost everything ought to be suspected. Bac. Aphorisms, 25.
Where there is no rule of law, everything should be regarded with suspicion.
IBI declmae nondebent solvl. Where there is no annual renovation, there tithes ought not to be paid. UBI NON EST CONDENDI AUCTORItas, ibi non est parendi necessitas. Where there is
Where there is no annual renovation, there tithes ought not to be paid.
Where there is no annual renovation, there tithes ought not to be paid.
Where there ig no authority to order, there is no need of obeying.
Ir. K. B. 69. Where there is no authority for establishing a rule, there is no necessity of obeying it.
STANDum est arbitrio judicis, vel procedendum ad simllia. Where there is no direct law, the judgment of the judge must be depended upon, or reference made to similar cases.
- Ubi non est directa lex, standum est arbitrio judicis, vel procedendum ad similiadefined inBallentine's (1916)Black's (1910)
When there is no direct law, the decision of the judge is to be supported, or reference made to similar cases.
IBI NON EST transgressio quoad mundum. Where there is no law, there is no transgression, as it regards the world. 4 Coke, lb. UBI NON EST MANIFESTA INJUSTItia, judices habentur pro
Where there is no law, there is no transgression as far as worldly matters are concerned.
- Ubi non est manifesta injustitia, judices habentur pro bonis viris, et judicatum pro veritatedefined inBallentine's (1916)Black's (1910)
Where there is no manifest injustice, judges ought to be regarded as honest men, and their judgment as truth. See 1 Johns. Cas. (N. Y.) 341.
NON Potest esse acoessorius. Where there is no principal, there can be no accessory. 4 Coke, 43. UBI NULLA EST CONJECTURA QUAE ducat alio, verba intelligenda sunt ex prowould lead
Where there is no principal, there can be no accessory.
- Ubi nulla est conjectura quae ducat alio, verba intelligenda sunt ex proprietate non grammatica sed populari ex usudefined inBallentine's (1916)
Where there is no inference which would lead to another conclusion, words are to be understood according to their proper sense, not their grammatical meaning, but according to popu
- Ubi nulla est conjectura quæ dueat alio, verba iutelligenda sunt ex proprietate, non grammatica, sed populari ex nsndefined inBlack's (1910)
Where there is nothing to call for a different construction, [the] words [of an instrument] are to be understood, not according to their strict grammatical meaning, but according t
IBI NULlum dos. Where th«re Is no marriage there is no dower. Co. Litt. 32a.
Where there is no marriage, there is no dower.
He at whose risk a thing is, should receive the profits arising from it.
IBI ET LUCRUM COLlocatur. He at whose risk a thing is, should receive the profits arising from it. UBI PUGNANTIA INTER SE IN TESTAmento juberentur, neutrum ratum est. 'V^hen two di
Where the risk is, there the profit should lie.
Where repugnant or inconsistent directions are contained in a will, neither is valid. Dig. 50, 17, 188, pr.
When directions repugnant to one another are given in a will, neither is valid.
- Ubi quid generaliter conceditur, inest haec exceptio, si non aliquid sit contra jus fasquedefined inBallentine's (1916)
Where anything is granted generally, this exception is implied, that nothing shall be contrary to law and right.
- Ubi quid generaliter conceditur iuest hæc exceptio, si non aliquid sit contra jns fasquedefined inBlack's (1910)
10 Coke, 78. Where a thing is conceded generally this exception is implied: that there shall be nothing contrary to law and right
Let a man be punished where he commits the offense. 6 Coke, 47. UBI REVERA (Lat.) Where in reality; where in truth, or in point of fact. Cro. Eliz. 645; Cro. Jac. 4.
Omnipresenco; presence in several places or in all places, at one time, A fiction of English law is the "legal ubiquity" of the sovereign, by which he is constructively present in
Where, in truth.
Where in reality; when in truth or in point of fact Cro. Eliz. 645; Cro. Jac. 4.
Dig. 50, 17, 110, 3. Where words are not conjoined, it is enough if one or other be complied with.
sufficjt alteratum esse factum. Where words are used disjunctively, it is sufficient that either one of the things enumerated be performed. Dig. 50. 17. 110. 3.
Where words are not in the conjunctive it suffices that either of them be executed.
An abbreviation for "Upper Canada," used in citing the reports.
107; 6 Exch. 886, 889; 10 Exch. 449; 2 El. & Bl. 301; Story, Ag. (4th Ed.) 110, 179, 242, 299; Broom, Leg. Max. (3d London Ed.) 431. QUANDO ALIQUID PER SE NON SIT malum, tamen si s
Upper Canada Queen's (King's) Bench Reports, Old Series. U. S. United States;— United States Re- U. S. Ct. CI. Reports of the United States Court of Claims.
The terms “unified carrier registration agreement” and “UCR agreement” mean the interstate agreement developed under the unified carrier registration plan governing the collection
The terms “unified carrier registration plan” and “UCR plan” mean the organization of State, Federal, and industry representatives responsible for developing, implementing, and adm
A term mentioned by Blackstone, as used in Finland to denote that kind of right in real property which is called in English law "allodial." 2 Bl. Comm. 45, note (f). The term is us
I In the Roman law. An heiv to one-twelfch of an estate or inheritance.
sax. In Saxon law. One for whom no payment was to be made.
1. 1 In old English law. To discontinue; to intermit, disuse, interrupt.
The name of a law or ordinance made by the czar of Russia.
An imperial order of the Russian czar.
In commercial law. The amount wanting when a cask, on being gauged, is found only partly full.
The standard ell of iron, which was kept in the exchequer for the rule of measure. Mon. Angl. ii. 383.
Same as Alnage.
I. I. In old English law. Aulnage, or alnage; ell or yard measure.
I I. In old English law. To measure by the ulna or ell; to measure cloth. Ultima,?. The last; the extremest,— literally, the remotest. Ultima ratio: the final argument; the last re
(L. Lat.) Ftirther argument. A common term in the older reports. 1 Burr. 1020; 2 Wils. 243.
The last, extremest; literally, the furthest off, remotest. Ultima ratio. The final argument; the last resort. Ultimus haeres. The remote heir: in feudal law, the lord. Ultimatum.
The last resort. ULTIMA VOLUNTAS (Lat.) In old English law. Last will; the last will. In testamento suo, in ultima voluntate sua, in his testament, in his last will. Reg. Grig. 244
2. In old English law. The last heir,— applied to the lord to whom an escheat fell.
See Ultima. In the expression "ultimate facts," is opposed to probative, evidential. And as the probative or evidential facts are such as serve to establish or disprove the issues,
The term “ultimate consumer” means a person who obtains a textile fiber product by purchase or exchange with no intent to sell or exchange such textile fiber product in any form.
The principal fact in an issue, as distinguished from facts which are purely evidentiary, and which should not be pleaded.
Validity and infringement are ultimate facts on which depends the question of liability.
whether the court adopts an agreed statement of facts or itself finds the facts, the agreed statement or findings must be of the ultimate facts, and if they be merely a recital of
a conclusion of law or at least a determination of a mixed question of law and fact. It is to be distinguished from the findings of primary, evidentiary, or circumstantial facts. I
The term “ultimate purchaser” means, with respect to any new automobile, the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases s