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.
Every contract, whether between the state and an individual, or between individuals only, is subject to this general law. There enters into every engagement the unwritten condition
defendants accused of minor offenses did not explicitly admit their guilt but threw themselves on the King's mercy and expressed their willingness to submit to a small fine; the co
The state may declare that the use of the highway by the nonresident is the equivalent of the appointment of the registrar as agent on whom process may be served in proceedings gro
See "Consideration."
the only possible basis for implying a constitutional immunity from state income tax of the salary of an employee of the national government or of a governmental agency is that the
other acts of the testator, which have always been considered as revocations, because contrary to, or inconsistent with, the Will, and evidencing an alteration of intention; as a d
after services have been rendered by a public officer under a law specifying his compensation, there arises an implied contract under which he is entitled to have the amount so fix
In that large class of transactions designated in the law as implied contracts, the assent or convention which is an essential ingredient of an actual contract is often wanting.
where the act to be done by one of the contracting parties can only be done upon something of a corresponding character being done by the opposite party, the law in such a case, if
See "Covenant."
Whatever, in the circumstances, would be reasonably expected of operators of ordinary prudence, having regard to the interests of both lessor and lessee, is what is required.
One which arises by operation of law from the acts of the owner. See 129 Am. St. Rep. 578, note.
An implied easement is an easement resting upon the principle that, where the owner of two or more adjacent lots sells a part thereof, he grants by implication to the grantee all t
The implied exemption is a shield for federal agencies; not the source of congressional power to control state action in respect of other matters.
The purpose to exclude state action for the discharge of insolvent debtors may be manifested without specific declaration to that end; that which is clearly implied is of equal for
There is no mention of his age in the patent, and yet it must be taken as impliedly containing a finding that he was then an adult. This is so, because every patent for public or I
It is a principle implied from the necessity of maintaining our dual system of government. Springing from that necessity it does not extend beyond it. Protecting the functions of g
The appellate powers of this court are not given by the judicial act. They are given by the constitution. But they are limited and regulated by the judicial and by such other acts
At common law the owner was required to confine his live stock, or else was held liable for any damage done by them upon the land of third persons. That law was not adapted to the
- implied malicedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
that in the case charged the evidence shows that the party charged committed the act, and that it was intentional and unlawful, that is, without justifiable excuse, and the evidenc
where the obligation of plaintiffs requires an expenditure of a large sum in preparation to enable them to perform it, and a continuous readiness to perform, the law implies a duty
a strike to settle a dispute which a collective bargaining agreement provides shall be settled exclusively and finally by compulsory arbitration constitutes a violation of the agre
All persons...who may build a dam for mill purposes, on a stream annually frequented by fish, do it under an implied obligation to keep open sufficient sluices and fishways for the
By an implied power is meant one that is directly and immediately appropriate to the execution of the specific power granted, and not one that has slight or remote relation to it.
It is true, that such a power, if it exists, must be derived from implication, and the genius and spirit of our institutions are hostile to the exercise of implied powers. Had the
Certain implied powers must necessarily result to our Courts of justice from the nature of their institution. But jurisdiction of crimes against the state is not among those powers
Such a municipal corporation 'can exercise no power which is not, in express terms, or by fair implication, conferred upon it.
When the prohibition of state action is not specific but inferable from the scope and purpose of the federal legislation, it must be clear that the federal provisions are inconsist
Such repeals are not favored, and usually occur only where there is such an irreconcilable conflict between an earlier and a later statute that effect reasonably cannot be given to
If Congress, in enacting the 8th section of the act of 1895, had intended to totally supersede the act of 1892 as to the Indian territory, that purpose would naturally have been ex
The mere act of making a second testament, is a revocation of a preceding testament, in relation to personal estate; the law throwing the personal estate on the executor as a trust
A disregard of the command of the statute is a wrongful act, and where it results in damage to one of the class for whose especial benefit the statute was enacted, the right to rec
What is implied in a statute, pleading, contract, or will, is as much a part of it as what is expressed
A statute may either expressly prohibit or enjoin an act, or it may impliedly prohibit or enjoin it, by affixing a penalty to the performance or omission thereof. It makes no diffe
- Implied Trustdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See "Trust."
See "Eesulting Use."
An unconditional promise by the endorser or a bill to pay it, or an acknowledgment of his liability, and knowledge of his discharge by the laches of the holder, will amount to an i
- implied warrantydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The term “implied warranty” means an implied warranty arising under State law (as modified by sections 2308 and 2304(a) of this title) in connection with the sale by a supplier of
I. In old English law. To put in; to put upon, or impose. Imposuit commune ballium: he put in common bail.
To import means to bring into the country. Those acts begin and end at water's edge.
A thing brought thing imported.
The term “import activity summary statement” refers to data or information transmitted electronically to the Customs Service, in accordance with such regulations as the Secretary p
- importationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
slaves, because free persons cannot be said to be imported.'
The laying of a duty on imports, although an exercise of the taxing power, is also an exercise of the power to regulate foreign commerce... The exemption of imports from the duty o
The term “imported” means entered, or withdrawn from a warehouse for consumption, in the customs territory of the United States. / For purposes of this section, the terms "imp
the term “imported dairy product” means any dairy product that is imported into the United States, including dairy products imported into the United States in the form of— (1) milk
For purposes of this subsection, the term “imported property” means any property if— (i) such property was completed outside the United States, or (ii) less than 50 percent of the
The term “imported taxable product” means any product (other than an ozone-depleting chemical) entered into the United States for consumption, use, or warehousing if any ozone-depl
the settled law is that no one but the owner or consignee, or in case of his sickness or absence, his agent or factor, is authorized to discharge that obligation [of entering goods
Sales by the importer are held to be exempt from State taxation because the importer purchases, by the payment of the duty, a right to dispose of the merchandise as well as to brin
The term “importer that is a qualified handler” means an entity— (I) whose principal activity is the importation of cut flowers or cut greens into the United States (either directl
The term “importing authority” means 1 or more entities designated by a Participant into whose territory a shipment of rough diamonds is imported as having the authority to enforce
For purposes of this section, the term “import license” means any documentation used to administer a quantitative restriction imposed or modified after July 26, 1979 under— (1) sec
- importsdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
men as well as things cannot, it seems to me, be denied.
The term “import sensitive agricultural product” means an agricultural product— (A) with respect to which, as a result of the Uruguay Round Agreements the rate of duty was the subj
- Importunitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Urgent solicitation, with troublesome frequency and pertinacity. Generally applied to solicitation of a testa-
(Lat.) In old English law. An imposition, tax, or tribute. The older expression was Tnaletot. Stat. Confirm. Chartar. c. 7. 2 Inst, 530.
An impost; a tax; a tribute. See 24 N. J. L. 385.
Imposts, taxes, or contributions.
Impossible.
- Impossibilitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
That which. In the constitution and course of nature or the law, no man can do or perform. Impossibility is of the following several sorts: An act is physically impossible when it
if a party by his contract charge himself with an obligation possible to be performed, he must make it good, unless its performance is rendered impossible by the act of God, the la
One is not bound to do an impossibility.
if a deed for land is to be made void, by the happening of a subsequent condition, the performance of which is impossible at the time the deed is made, the condition only is void,
One in which a party undertakes the performance of an act impossible in its nature. See 95 Cal. 353, 30 Pac. 555.
Such contracts as cannot be performed, either because of the nature of the obligation undertaken, or because of some supervening event which renders the performance of the obligati
I. Impossibla is no obligation of [to non, etc.
Impost is a duty on imported goods and merchandise. In a larger sense, it is any tax or imposition.
Taxes, duties, or impositions. A duty on imported goods or merchandise. Federalist, No. 30; Elliott, Deb. 289; Story, Const. § 949; 12 Wheaton (U. S.) 437. In a larger sense it is
all taxes makes superfluous several of the terms of Art. I, § 8, cl. 1 of the Constitution, which grants Congress the "Power To lay and collect Taxes, Duties, Imposts and Excises."
- Impotencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In medical jurisprudence. The incapacity for copulation or propagating the species. It has also been used as synonymous with "sterility." The principal use of the term is as a grou
I. Impotent; ing no power of himself.
/. Inability; inability or impossibility what the law requires.
if a lessee covenanteth to leave a wood in as good plight as the wood was at the time of the lease, and afterwards the trees are overturned by tempest, he is discharged of his cove
Co. Litt. 29. The impossibility of doing what is required by the law excuses from the performance.
Impotence; Impossibility.
PROPERTY PROPTER. See "Property Propter Impotentiam."
See Property propter impotentiam .
- Impounddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
To place in a pound goods or cattle distrained or estray. 3 Bl. Comm. 12.
In this paragraph, the term “impoundment” or “impounding” means the seizing and taking into custody of a commercial motor vehicle or the immobilizing of a commercial motor vehicle
In this paragraph, the term “impoundment” or “impounding” means the seizing and taking into custody of a commercial motor vehicle or the immobilizing of a commercial motor vehicle
“impoundment resolution” means a resolution of the House of Representatives or the Senate which only expresses its disapproval of a proposed deferral of budget authority set forth
- Imprescriptibilitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The state of being incapable of prescription. A property which is held in trust is imprescriptible, that is, the trustee cannot acquire a title to it by prescription; nor can the b
- Imprescriptible Rightsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Rights to which no claim can be acquired by prescription.
An image fixed on the mind; a belief. See 22 U. S. 483, 6 L. Ed. 140.
A power possessed by the English crown of taking persons or property to aid in the defense of the country, with or without the consent of the persons concerned. It is usually exerc
Extraordinary and unforeseen occasions arise, however, beyond all doubt, in cases of extreme necessity in time of war or of immediate and impending public danger, in which private
Money paid for impressment.
Without price.
A government license to publish a book.
To impress; to print.
/n, Imprimery. pression; t^e act of
In some of the ancient English statutes, this word is used to signify a printing office, the art of printing, a print or impression. an instrument, especially in wills, item being
Firstly; principally; first.
To deprive one of his liberty without his consent See 29 Ind. App. 451, 63 N. E. 328.
the term “imprisoned” means an individual is confined in or otherwise restricted to a jail-type institution, a half-way house, a treatment facility, or another institution, on a fu
- imprisonmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
“imprisonment” means a penalty imposed by a court under which the individual is confined to an institution;
Can it be doubted but the legislatures of the States, so far as relates to their own process, have a right to abolish imprisonment for debt altogether, and that such law might exte
imprisonment for life without possibility of parole.'
Followers or adherents.