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.
- Concubinagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A species of marriage which took place among the ancients, and which is yet in use in some countries. See "Concubinatus." The act or practice of cohabiting, in sexual commerce, wit
In the civil law. A species of marriage, or rather a half, or semi-marriage, (Lat. semi-matrimonium; Gr. ^^yttfjiog,) authorized by law. Shelf ord Marr. <k Div, 10. Cooper's Justin
A natural marriage, as contradistinguished from the justae nuptiae, or justum matrimonium, the civil marriage. The concubinatus was the only marriage which those who did not enjoy
- Concubinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A woman who cohabits with a man as his wife without being married. When a single woman consents unlawfully to cohabit with a man generally, as though the marriage relation existed
In the civil law. A woman taken to cohabit in the manner, and under the character of a wife, but without being authorized thereto by a legal marriage. Shelf ord Mart. A Div. 10, an
In Roman law. An informal, unsanctioned or "natural" marriage, as contradistinguished from the justœ nuptiæ or justum matrimonium, the civll marriage.
1. To go along together; to co-exist: as, in saying that in malicious prosecution malice and want of probable cause must concur. Concurrent. Co-existing; having effect, operation,
I. In old English law. To foot Conculcavit et cousumpsit:
He trampled upon and destroyed.
- Concurdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In Louisiana. To claim a part of the estate of an insolvent along with other claimants (6 Mart. [La.; N. S.] 460): as "the wife concurs with her husband's creditors, and claims a p
In the civil law. A joint or co-curator or guardian.
- Concurrencedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In French law. The equality of rights, or privilege which several persons have over the same thing; as, for example, the right which two judgment creditors, whose judgments were re
A verm of the French law nearly equivalent to "unfair trade competition;" and used in relation to the infringement of rights secured by trade-marks, etc. It signifies a dishonest,
In this section, the term “concurrency” means, with respect to an acquisition strategy, the combination or overlap of program phases or activities.
- concurrentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
joint and equal authority", "running together, having the same *408 authority," and therefore the grant of concurrent power to the Congress and the States should give to each equal
One received when one is given.
The covenants of this contract are not independent. They are concurrent or reciprocal, constituting mutual conditions to be performed at the same time.
That which to any extent insures the same interest against the same casualty, at the same time, as the primary insurance, on such terms that the insurers would bear proportionately
- concurrent jurisdictiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)
The federal right is enforceable in a state court whenever its ordinary jurisdiction as prescribed by local laws is appropriate to the occasion and is invoked in conformity with th
It is a rule absolutely necessary to be observed by courts who have a concurrent jurisdiction, that in all cases 'where the jurisdiction of a court and the right of a plaintiff to
One granted for a term which ls to commence before the expiration or other determination of a previous lease of the same premises made to another person; or, in ether words, an ass
Maritime liens are concurrent when they are of the same rank, and for supplies or materials or services in preparation for the same voyage, or if they arise on different bottomry b
if injury be caused by the concurring negligence of the defendant and a third person, the defendant is liable to the same extent as though it had been caused by his negligence alon
The words 'concurrent power' as used in the second section of the Amendment 'do not mean joint power, or require that legislation thereunder by Congress, to be effective, shall be
the depositing in the Arizona Bank was a condition concurrent with the obligation of Powers to allow the plaintiff to continue in possession, and precedent to Powers's obligation t
Concurrent promises are those where the acts to be performed are simultaneous; and either party may sue the other for a breach of the contract, on showing, either that he was able,
One adopted by both houses of Congress and not requiring the President’s signature.
The term “concurrent resolution on the budget” means— (A) a concurrent resolution setting forth the congressional budget for the United States Government for a fiscal year as provi
there is no jurisdictional bar to consideration of challenges to multiple convictions, even though concurrent sentences were imposed
Such as, being passed on a conviction for several crimes, are computed as beginning simultaneously and running concurrently. See "Cumulative Sentences."
The conception of the operation at one and the same time of both the power of Congress and the power of the states over a matter of interstate commerce is inconceivable, since the
In English practice. A copy of the original writ of summons issued in an action, the very date being the same, the seal bears the word "concurrent" on it, and shows the date when t
Writs issued for the same purpose to be used in different places or in respect to different persons.
L In the civil law. To equally available for attaining a currens, concurrentes: concurrent.
An opinion, separate from that which embodies the views and decision of the majority of the court, prepared and filed by a judge who agrees in the general result of the decision, a
(Civil Law) A proceeding resembling interpleader. See 52 La. Ann. 2070, 28 South. 217.
- Concursusdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Same as Concurso.
In Scotch law. To coerce. Shaw, 322.
In civil law. The offense of extortion by threats of violence. Dig. 47. 13.
In civil law. The unlawful forcing of another by threats of violence to give something of value. It differs from robbery in this, that in robbery the thing is taken by force, while
COMMON. The name of a plea entered by a party to a libel in the Ecclesiastical Court. The administrators "formally propounded the will, in a plea known as common condidit from its
To pronounce wrong. 1. To sentence; to adjudge. Condemnation. A sentence or judgment which condemns a person to do, give, or pay something; or which declares that his claim or pret
- Condemndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
To sentence; to adjudge. 3 Bl. Comm. 291. To declare a vessel a prize; to declare a vessel unfit for service. 1 Kent, Comm. 102; 5 Esp. 65. To take by exercise of the power of emin
- Condemnationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Sometimes used to indicate proceedingsj for taking property by right of 'eminent domain. In Admiralty. The sentence of a competent tribunal which declares a ship unfit for service.
In practice. The damages which the party failing in an action is adjudged or condemned to pay; sometimes simply called the "condemnation." As used in an appeal-bond, this phrase me
Lat. An old form of condemnare, to condemn. Bract, foL 128.
In ecclesiastical law. The name of a plea entered by a party to a libel filed in the ecclesiastical court, in which it is pleaded that the deceased made the will which is the subje
To make; to establish.
In the Scotch law. A part of the proceedings in a cause, setting forth the facts of the case on the part of the pursuer or plaintiff. CONDICTIO (Lat. from condicere.) In civil law.
An action; a summons.
An action which lies upon a promise to do a thing, where such promise or stipulation is certain, (st certa sit stipulatio.) Inst. 3, 16, pr.; Id. 3, 15, pr.; Dig. 12, 1; Bract, fol
An action arising where the law gave a remedy, but provided no appropriate form of action. Calv. Lex. Condictio Indebitati. An action which lies to recover that which the plaintiff
In the civil law. An action arising where the law gaya a remedy, but provided no appropriate forin of action. Calvin.
An action which lies to recover that which the plaintiff has paid to the defendant, by mistake, and which he was not bound to pay, either in fact or in law. This action does not li
Inthe civillaw. An action which lay to recover a thing stolen, against the thief himself, or his heir. Inst. 4, 1, 19.
An action which lay to recover a thing stolen, against the thief himself, or his heir. Inst. 4, 1, 19.
An action by which anything which has been parted with without consideration may be recovered, it also lay in case of failure of consideration, under certain circun Calvinus, Lex.
- Conditiodefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
A condition.
QUAE STATum construit, benigne, secundum verborum intentionem est interpretanda; odiosa autem, quae statum destruit, strlcte, secundum verborum proprietatem, aocipienda. A benefici
- Conditio beneficialis, quae statum construit, benigne, secundum verborum intentionem est interpretanda; odiosa autem, quae statum destruit, stricte, secundum verborum proprietatem, accipiendadefined inBallentine's (1916)
A beneficial condition which creates an estate, ought to be interpreted favorably, according to the intent of the language; but an odious condition which destroys an estate, should
- Conditio dicitur, cum quid in casum incertum qui potest tendere ad esse aut non esse, conferturdefined inBallentine's (1916)
It is called a condition when something is given on an uncertain event which may or may not happen.
An unlawful condition is held not to be binding.
In Civil Law, The situation of every person in some one of the different orders of persons which compose the general order of society, and allot to each person therein a distinct,
(POSITIVE,) zn contracts. A positive condition consists in the case where a thing that may or may not happen shall happen, as, if I marry. Poth. Obl. P. 5 Ce 3, art. 1; § 1.
(POTESTA-
(NEGATIVE,) contracts. A negative condition is that which consists in the case where something that may or may not happen, shall, as, if J do not marry. Poth. Obl. Pt. 2, c. 3, art
That which ls dependent upon or granted subject to a condition. —Conditional creditor. In the civil law. A creditor having a future right of action or having a right of action in e
A qualified acceptance of a bill of exchange whereby the drawee assents to liability on the happening of a contingency.
In the civil law. A creditor having a future right of action or having a right of action in expectancy. Dig. 50, 16, 54.
- conditional feedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
A gift of land to a man and his heirs generally, if he shall have heirs of his body, without any other expression to qualify the words heirs of his body, is a conditional fee.
One which depends upon some extraneous event, beyond the mere default of the principal, and generally upon notice of the guaranty, notice of the principal's default, and reasonable
One by which the indorser annexes some condition (other than the failure of prior parties to pay) to his liability. The condition may be either precedent or subsequent. 1 Daniel, N
A bequest whose existence depends upon the happenor to be defeated. 1 Rop. Leg. (3d Ed.) 645.
Revocation deprives an individual, not of the absolute liberty to which every citizen is entitled, but only of the conditional liberty properly dependent on observance of special p
- Conditional Limitationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
A condition followed by a limitation over to a third person in case the condition be not fulfilled, or there be a breach of it. A condition determines an estate after breach, upon
An obligation subject to a condition. In Louisiana. An implied obligation. See 2 La. Ann. 989, 991.
the term "conditional offer" means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry; / Conditi
A pardon ineffective until a condition has been performed. See 1 Nev. 319.
by the general commercial law of the world, a promise to pay, whether in the form of notes or bills, is not of itself the equivalent of payment; it is treated everywhere, in the ab
Upon principle, it would appear that such an action could not be maintained. The indorsement of the note passes the property in it to another, and is evidence that it was sold for
He, who receives any note upon which third persons are responsible, as a conditional payment of a debt due to himself, is bound to use due diligence to collect it of the parties th
The contract says in terms that it is conditional, and that the goods are to remain the property of the seller until payment of the note given for the price. This stipulation is pe
“conditional sales contract” means a contract— (A) for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part, under which the buyer takes possession of the
Under a conditional sale, the vendor remains the owner, subject to the vendee's right to acquire the title by complying with the stipulated condition, while under an absolute sale
- Conditional Stipulationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A stipulation on condition. CONDITIONES QUAELIBET ODIOSAE; maxime autem contra matrimonlum et commercium. Any conditions are odious, but especially those against matrimony and comm
If the submission be conditional, so as the arbitrator decide of and concerning the premises, he must adjudicate upon each distinct matter in dispute, which he has noticed... [but]
A condition which consists in doing a thing; as provided that the lessee shall pay rent, etc. Shep, Touch. 118.
<A condition where the act to be done is a collateral act. Shep. Touch. 118.
Acondition expressly requiring a thing to be done; as that a lessee shall pay £10 such a day, or his lease shall be void. Shep. Touch. 118.
A condition to do divers things. Shep. Touch, 118,
Acondition requiring one of several things to be done. Shep. Touch. 118.
- Conditionem testium tunc inspicere debemus cum signarent, non mortis temporedefined inBallentine's (1916)
We ought to consider the condition of witnesses as of the time when they signed, not at the time of the testator’s death.
I. Conditions. Cbnditiones qus Blibet odiosae; maxlme autem contra matrimonium et commercium: any conditions are
- Conditiones quaelibet odiosae; maxime autem contra matrimonium et commerciumdefined inBallentine's (1916)Black's (1910)
Any conditions are odious; especially those against marriage and commerce.
A condition expressed in the deed by which it is ereated, (conditio expressa.) 2 Crabb, Real Prop. p. 792, § 2127; Bract. fol. 47. A condition annexed, by express words, to any feo
One which the law infers or presumes, from the nature of the transaction or the conduct of the parties, to have been tacitly understood bet ween them as a part of ibe agreement, al
Fr. conditien en faith. A condition expressed in a deed. (a3 a feoifment, lease, or grant,) in Plain words, or legal terms of Jaw. Cowell; Co. Litt. 20le. See Conprrion EXPRESSED.
A condition not newly imposed but previously existing.
Where the event upon which the obligation becomes payable is in the power of the obligee. See 2 Southard (5 N. J. L.), 756.
A condition which consists in not doing a thing; aa provided that the lessee shall not alien, ete. Shep. Touch. 118.