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.
A writ of right for one against his cotenant who had assumed exclusive possession.
A writ for the recovery of that part of a decedent’s goods which he had alienated against the rights of his wife and children.
A writ for the establishment of boundaries.
I. I. To deraign. v. Deraign; Dirationare.
derechief, dericliefs, I, fr. Moreover; again.
In English criminal law. Theact of drawinga eondemned criminal on « hurdle trom the place of prison to the place of execution. 4 Bi. Comin. 377. Where a man was hanged on an appeal
Of things. The title of the third part of the Digests or Pandects, comprising the twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth bdo
Of doubtful things or matters. Dig. 34. 6. DE RECORDO ET PROCESSU MITTENdis. Writ to send the record and process
Lat. Of harbouring. Bract, fol. 152 b. A term of old criminal law. See Receptamentum. DE RECORDO ET PROCESSU MIT-
derchef,/r. Determine. To end, tingency; to expire limitation.
In Spanish law. Law or right. White, New Recop. bk. 4, tit. 4. Derecho comun, common law. The civil law is so called. Id. bk. 2, tit. 13, c. 1, § 5. A right. Dereehos, rights.
A writ to send the record and process to a higher court.
Writ of right. Reg. Orig. 1, 2; Bracton, fol. 327b. DE RECTO DE ADVOCATIONE (Lat. of right of advowson; called, also, de droit de advocatione). A writ which lay to restore the righ
A writ of right of advowson.
A writ of right of dower.
To fail of right.
Writ of right, of reasonable part. A writ which lay between privies in blood, as between brothers in gavelkind or between sisters or other coparceners for lands in fee-simple, wher
Writ of right patent. Reg. Orig. 1.
Writ of redlsseisin. A writ which lay where a man recovered, by assize of novel disseisin, land, rent, or common, and the like, and was put in possession thereof by verdict, and af
Writ of redisseisin. A writ which lay where a man recovered by assise of novel disseisin land, rent or common, and the like, and was put in possession thereof by verdict, and after
Same as Deraign.
- derelictdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
To constitute a case of derelict, the abandonment must have been final, without hope of recovery, or intention to return. If the crew have left the ship temporarily, with intention
Neglect; abandonment.
2. Derelict; wilfully abandoned or thrown away.
dereigner, dereyner, deraigner, dereiuer, derainer, I fr. To prove; to clear one's self; to deraign.
A writ to compel a cotenant to contribute toward repairs.
A writ of replevin.
Writ of rescue. A writ which lay where cattle distrained, or persons arrested, were rescued from those taking them. Reg. Orig! 117, 118; Fitzh. Nat. Brev. 101 (C), (G). DE RETORNO
To have the goods returned.
For having a return ; to have a return. A term applied to the judgment for the defendant in an action of replevin, awarding him a return of the goods replevied; and to the writ or
Same as Deraign.
De ea re ita consuere, concerning this matter have decreed. A phrase used in the record of decrees of the Roman senate.
Not guilty.
By strict law.
derictum, directum, drictnm, I. I. Right Derivativa potestas non potest esse major primitiva, I. A derivative power cannot be greater than the primitive or original.
Berisium, Directum, Drictum, L. Lat. [Fr. droit, droict.] Right. Spelman. See Droit, Directum, Right. Derivativa potestas non potest esse major primitiva. A derivative power cannot
Delegated authority cannot exceed the original.
- derivativedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
The term “derivative” means any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or
A derivative action is a suit by a shareholder to enforce a corporate cause of action. The corporation is a necessary party to the suit. And the relief which is granted is a judgme
The children of persons who have been duly naturalized under any law of the United States ... being under the age of twenty-one years at the time of the naturalization of their par
One which only serves to enlarge, confirm, alter, restrain, restore or transfer the interest granted by a precedent conveyance. See 2 Bl. Comm. 324.
Conveyances which presuppose some other conveyance precedent, and only serve to enlarge, confirm, alter, restiain. restore, or transfer the interest granted by such original convey
jurisdiction of the federal court on removal is, in a limited sense, a derivative jurisdiction. Where the state court lacks jurisdiction of the subject matter or of the parties, th
A conveyance which presupposes some conveyance precedent, and serves only to enlarge, confirm, alter, restrain, restore or transfer the interest thereby granted.
The kind of possession of one who is in the lawful occupation or custody of the property, but not under a claim of title of his own, but under a right derived from another, as, tor
The term “derivatives clearing organization” means a clearinghouse, clearing association, clearing corporation, or similar entity, facility, system, or organization that, with resp
the term “derivative transaction” includes any transaction that is a contract, agreement, swap, warrant, note, or option that is based, in whole or in part, on the value of, any in
Law Lat. (from Fr. desrob-
(Lat. from de, from, and rogare, to pass a law). In the civil and old English law. To derogate or diminish; to take from or impair the authority, validity or effect of a law or con
- Derogationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The partial abrogation of a law. To derogate from a law is to enact something which impairs its utility and force; to abrogate a law is to abolish it entirely. See "Abrogation,"
- Derogatory Clausedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In a will, this is a sentence or secret character inserted by the testator, of which he reserves the knowledge to himself, with a condition that no will he may make thereafter shou
CUM PARS DETRAhltur; abrogatur legi, cum prorsus tollltur. To derogate from a law is to take away part of it; to abrogate a law is to abolish it entirely. Dig. 50. 16. 102. See 1 B
- Derogatur legi, cum pars detrahitur; abrogatur legi, cum prorsus tolliturdefined inBallentine's (1916)
A law is derogated when part of it is taken away, a law is abrogated when it is wholly abolished.
Lat In the civil law. A house, dwelling, place of habitation, whether In the city or ceuntry. Dig. 30, 41, 5. In the country everything upon the surface of the sell passed under th
In Spanish law. An irregular action committed with violence against law, custom, or reason.
A writ of safeguard allowed to strangers seeking their rights In English courts, and apprehending violence or injury to their persons or property. Reg. Orig. 26.
A writ of safeguard for the license and protection of strangers.
- De Salvo Conductudefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
A writ of safeconduct. Reg. Orig. 25b, 26.
In Mexican law. The desamortizacion of property is to take it ont of mortmain, (dead hands;) that is, to unloose it from the grasp, as it were, of ecolesiastical or civil corporati
For his life.
- De Scaccariodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Of or concerning the exchequer. The title of a statute passed in DE SCUTAQIO HABENDO (Lat. of having Bcutage). A writ which lay in case a man held lands of the king by knight's ser
To vest by succession. See 128 Mass. 40.
One who is descended from another; a person who proceeds from the body of another, such as a chlld, grandchild, etc., to the remotest degree. The term is the opposite of "ascendant
“Descendant of a Native” means— (1) a lineal descendant of a Native or of an individual who would have been a Native if such individual were alive on December 18, 1971, or (2) an a
Those who have issued from an individual, including his children, grandchildren, and their children to the remotest degree. Amb. 327; 2 Brown, 30, 230; 3 Brown, 367, 1 Rop. Leg. 11
Descent. See "Formedon."
Capable of passing by descent or of being inherited or transmitted by devise, (spoken of estates, titles, offices, and other property.) Collins v. Smith, 105 Ga. 525, 31 S. E. 449.
The term "descending device" means an instrument that— (A) will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma; (B)
A descent removes the right of entry.
I A descent (cast) "tolls the entry.
- Descentdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Hereditary succession. Title by descent is the title by which one law. 2 Bl. Comm. 201; Comyn, Dig. "Discent" (A). It was one of the principles of the feudal system that, on the de
The division among those legally entitled thereto of the real and personal property of intestates, the term descent being applied to the former and distribution to the latter. Deth
- Descent Castdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The same as what the older writers called a "descent which tolls entry." Where a person who had acquired land by disseisin, abatement, or intrusion died seised of the land, the des
All that to whomsoever the crown descends those lands and possessions descend also. And if the heir of the crown be attainted of treason, yet shall the crown descend to him, and wi
A dignity differs from common inheritances, and not accord ins to the rules of the common law, for it descends to the half-blood, and there is no co-partnership in it, but the elde
descheur, I. fr. To fall out, to happen; to fall down. Descheu de sa plaint: falls from his plaint; that is, fails in it, or loses the benefit of it
Fr. Unfitting, unlawful; not juridical. Britt, c,b2. Kelham. DESCRIPTIO PERSONiE. L. Lat. Description of the person. 3 Day*s B. 470. 2 Ld. Baym, 1437. 2 Stra. 729. 1 Hilliard*s Mea
expressed" or "set forth" in-which, he says, requires the state offense to include each one of the federal law's elements.
Lat. DeeS scription of the person. By this is meanta word or phrase used merely for the purpose of identifying or pointing out the person intended, and not as an intimation that th
Delineation: designation, description. Compare Demon-
An account of the accidents and qualities of a thing. Ayliffe, Pand. 60. A written account of the state and condition of personal property, titles, papers, and the like. It is a ki
if the line on the north described by the local officers, not only by saying it bordered on the south boundary of the bakehouse lot, but by specifying where that boundary was, by s
It is enough if the description is such that the officer with a search warrant can, with reasonable effort ascertain and identify the place intended.
Description of the person. In wills, it frequently happens that the word "heir" is used as a descriptio personae. It is then a sufficient designation of the person. In criminal cas
Description of the person. By this is meant a word or phrase used merely for the purpose of identifying or pointing out the person intended, and not as an intimation that the langu
A name which is merely descriptive of the ingredients, qualities or characteristics of an article of trade cannot be appropriated as a trade-mark and the exclusive use of it afford
The description of the land to be acquired, which every entry must contain, may be divided into general and special. The general description must be such as to bring the holder of
A writ to recover escuage.
Fr. Deciners; pledges in a decennary. Britt. c. 12.
For behaving himself well; for his good behavior. Yelv. 90, 154. DE SECTA AD MOLENDINUM (Lat. of suit to a mill). A writ which lies to compel one to continue his custom of grinding
deface, damage, or otherwise physically mistreat in a way that the actor knows will seriously offend one or more persons likely to observe or discover his action.
A writ to compel one to have his grinding done at the plaintiff’s mill.
the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin, but "desegregation" shall not mean the assig
Fr. From henceforth. Stat, of Tithes, 18 JSdw. 111. 2 Inst. 639.
(Lat. deserere). To leave or quit with an intention not to return; to forsake utterly; to abandon. "In the common acceptance, both of the common and canon law, doth signify only a
- Desertiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)
absence without leave accompanied by the intention not return.
The abandonment, by a sailor, of a vessel in which he had engaged to perform a voyage, before the expiration of his time, and without leave. Where a seaman signs articles for a voy
The act by which a seaman deserts and abandons a ship or vessel, in which he had engaged to perform a voyage, before the expiration of his time, and without leave. By desertion, in
he engaged to perform a voyage, before the expiration of his time, and without leave. Desertion without just cause renders the sailor liable, on his shipping articles, for damages,
For purposes of this subsection, the term “Desert Shield services” means any services in the Armed Forces of the United States or in support of such Armed Forces if— (A) such servi