Majority
Defined in 8 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Anderson (1889), Abbott (1879), Bouvier (1839)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The state or condition of a person who has arrived at full age. He is then said to be a "major," in opposition to The greater number; more than all the opponents; more than half of the whole number or group. 146 Iowa, 215. MAJUS DIGNUM TRAHIT AD SE minus dignum. The more worthy or the greater draws to it the less worthy or the lesser. 5 Viner, Abr. 584, 586; Co. Litt. 43, 355b; 2 Inst. 307; Finch, Law, 22. MAJUS EST DELICTUM SEIPSUM OC cidere quam alium. It is a greater crime to kill one's self than another.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
The state or condition of a person who has arrived at full age. He is then said to be a major, in opposition to minor, which is his condition during infancy. See Age. The greater number. More than all the opponents. Some question exists as to whether a majority of any body Is more than one-half the whole number or more than the number acting in opposition. Thus, In a body of one hundred voters. In which twenty did not vote on any partlcfllar question, on the former suppo.sitlon flfty-one would be a majority, on the latter forty-one. The Intended slguiflcatlon Is generally denoted by the context, and where it is not, the second sense is generally intended; a majority on a given question being more than onehalf the number of those voting. In every well-regulated society, the majority has always claimed and exercised the right to govern the whole society, iu the manner pointed out by the fundamental laws; and the minority are bound whether they have assented or not, for the obvious reason that opposite wills cannot prevail at the same time, in the same society, on the same subject; 1 Tuck. Bla, Com. Appx. 168; 9 Dane, Abr. 37; 1 Story, Const. § 207. As to the rights of the majority of partowners of vessels, see 3 Kent 114; Pars, Marit. Law; Pabt-Ownebs. In the absence of contract, the general rule in partnerships is that each partner has an equal voice, and a majority acting bona fide have the right to manage the partnership concern and dispose of the partnership property notwithstanding the dissent of the minority; but in every case when the minority have a right to give an opinion, they ought to be notified. See Pabtneb. As to the conflict of laws relating to majority, see Barrera v. Alpuente, 6 Mart N. In corporations. In the absence of any provision In the charter or constitution, the general rule is that, within the scope of the corporate affairs, the acts of a majority bind the corporation; Lauman v. R. Co., 30 Pa. 42, 72 Am. Dec. 685; Mowrey v. R. Co., 4 Biss. 78, Fed, Cas. No. 9,891; Eggleston v. Doolittle, 33 Conn. 390. It is not necessary that those present at a meeting constitute a majority of all the members; Ex parte Willcocks, 7 Cow. (N. Y.) 402, 17 Am. Dec. 525; a majority of those who appear may act; Craig V. First Presbyterian Church of Pittsburgh, 88 Pa. 42, 32 Am, Rep. 417; Brewer V. Proprietors of Boston Theatre, 104 Mass..378; Faulds v. Yates, 57 111. 416, 11 Am. Rep.^ 24; 33 Beav. 595. When, however, an act is to be performed by a select and definite body, such as a board of directors, a majority of the entire body is required to constitute a meeting; Buell v. Buckingham & Co., 16 la. 284, 85 Am. Dec. 516; but if a quorum is present, a majority of such quorum may act; Edgerly v.^ Emerson, 23 N. H. 555, 55 Am. Dec. 207; Price v. R. Co., 13 Ind. 58. The minority of a committee to which a corporate power has been delegated cannot bind the majority, or do any valid act, in the absence of any special provision otherwise; Brown v. District of Columbia, 127 U. S. 679, 8 Sup> Ct. 1314, 32 L. Ed. 262. In political elections, a majority of the votes cast at an election on any question means the majority of those who voted on that question; Taylor v. Taylor, 10 Minn. 107 (Gil. 81); Holcomb v, Davis, 56 111. 414; Gillespie v. Palmer, 20 Wis. 544; Cass County V. Johnston, 95 U. S. 369, 24 L. Ed. 416. “All qualified voters who absent themselves from an election duly called are presumed to assent to the e.xpress will of the majority of those voting, unless the law providing for the election otherwise declares. Any other rule would be productive of the greatest inconvenience, and ought not to be adopted unless the legislative will to that effect is clearly expressed.’’ Id. (Miller and Bradley, JJ., dissenting); but the opposite view is held in State v. Winkelmeier, 35 Mo. 103; Bayard v. Kllnge, 16 Minn. 249 (Gil. 221); State V. Swift, 69 Ind. 505. Where an amendment to the constitution received less than a majority of all those who. voted at the election, but had a majority of the votes cast for or against the adoption of the amendment; and it was held (two judges dissenting) that the amendment had been neither ratified nor rejected. The United States House of Representatives has power to transact business when a majority of its members is present, and may prescribe any method which is reasonably certain to determine the presence of a majority; U. S. V. Bal Un, 144 U. S. 1, 12 Sup. Ot. 507, 36 L. Ed. 321. See Election; Meeting;
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Law Dictionary and Glossary
George C. Kinney · 1893
The greater number, as of votes or voters; the civil condition of a person of full age.
A Dictionary of Law
William C. Anderson · 1889
* 1. The civil condition of one who is of the full age of twenty-one years." Opposed, minority. See Age; Whem. 3. The greater number or portion; more than half of all electors, votes or voters. Opposed, minority. Compare Plurality. a director of a school board who does not vote is not virtually absent- he is viewed as not voting at all or else as voting tor the candidate who has the minority.* A majority cannot arbitrarily deprive the minority of opportunity to deliberate, and, if possible, convince their fellows." See Hoose, 2. ' 4 Bl. Com. IXi. = 1 Bl. Com, 429, 450. 3 Roberts v. Cooper, 30 How. 483 (1SS7). See 3 Cow. 647; 18 How. 507; 54 Ala. B6; 40 Conn. 570; 3 Harr. (Del.) 308; 57 Ga. 2&3; 11 Mass. 549; 5 Pick. 3.59; 2 Mo Ap. 4; 11 Humph 56; 10 Heisk. 341; 2 Story, Eq. §§ 1048-57; 2 Bish. Cr. L. 122. < See Garland v. Garland, 50 Miss. 700-716 (1874), cases; Van Arsdalen v. Van Arsdalen, 30 N. J. E. 369 (1879). "1 Story, Ag. § 172; 118 U. S. 687; 1 Gray, 336; 74 Pa. 468. « L. major, the greater. ' See 8 Op. Att.-Gen. 62. « Commonwealth v. Wickersham, 66 Pa. 134 (1870). In corporations, within the scope of the corporate authority, the majority rule Beyond this they have no right to go, and one may insist upon their stopping at the limits. ^ See Corporation; Partnership; Proxy. Qualified voters who absent themselves from an election are presumed to assent to the will of the majority of those who vote, unless the law providing for the election declares otherwise.'' Good of the majority; majority r ule. The majority of the members in communities liave always claimed the right to govern the whole society." See Police, 2; Welfare.
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Benjamin Vaughan Abbott · 1879
The rank of a major in the army. 2. The civil condition or status of one who has attained full age. Twenty-one years of age is the period of complete legal majority for both sexes throughout the United States. In this respect there is no distinction between citizens and aliens domiciled in the United States as to all acts done within the United States. 8 Op. Att.-Gen. 62. sidered as joining in an election, or a vote. With reference to elections, majority is usually distinguished from plurality. A candidate has a plurality of votes ■when he has more than any other one person: he has a majority, only when he has more than all his competitors combined. Mr. Gushing says that majority is sometimes used in the sense of plurality {Cush. Leg. Ass. § 117). But such use is not to be commended; the distinction is important, and should be preserved in the use of the terms. Whether a majority is necessary to an election, or a plurality will suffice, must be determined by the law governing the election. Judge Bouvier says that " some question exists as to whether a majority of any body is more than one-half the whole number, or more than the number acting in opposition. Thus, in a body of one hundred voters, in which twenty did not vote on any particular question, on the former supposition, fifty-one would be a,majority; on the latter, fortyone. The intended signification is generally denoted by the context, and where it is not, the second sense is generally intended; a majority on a given ques-' tion being more than one-half the number of those voting." We do not understand that the parliamentary question here presented turns on any doubt or variance in the meaning of the word majority. In a body of one hundred voters, fifty-one is a majority, — is a majority at all times, not only if twenty do not vote, but when no voting is under way. While debate is proceeding, fiftyone is a majority just as truly as when the vote is taken. If a question is put, and forty-one vote " aye," thirty-nine "no," and twenty are silent, it may weU be, that the whole number being one hundred, and there being no positive law requiring a majority of all competent votes to be cast, the forty-one votes will carry the question; but this is not because the word majority means " more than the number opposing," but because the will of the majority is inferred from the proportions of the vote. Those who those who vote. It is on the presumption that the largest number of votes cast show the will of the majority, and not on any idea that less than half compose the majority, that the forty-one votes carry the day. The expression "a majority of the body," used in a charter speaking of a corporate body, can only mean a majority of the individuals comprising that body. Taylor v. Griswold, 14 N. J. L. 222, 239. The phrase " a majority of the electors," in constitutional provisions that elections shall be determined by vote of a majority of the electors, means a majority of the electors actually voting, not of all qualified to vote. Everett v. Smith, 22 Minn. 5.3. Construction of the word majority, as used in the bankrupt act, explained. Re Gilday, 11 Bankr. Reg. 108.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
persons. The state or condition of a person who has arrived at fullage. He is then said to be major, in opposition to minor,