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.
ubi jus est vagum aut incertum, /. Obedience to law is a hardship where the law is vague or uncertain.
UBI JUS EST vagum aut incertum. It is a miserable slavery where the law is vague or uncertain. 4 Inst. 246; 9 Johns. (N. Y.) 427; 11 Pet. (U. S.) 286.. MISERABILE DEPOSITUM (Lat.)
It is pitiable slavery where the law is vague and uncertain. See 8 U. S. 75, 2 L. Ed. 554.
The name and first word of one of the penitential psalms (Ps. li., 1), being that which was commonly used to be given by the ordinary to such condemned malefactors as were allowed
- Misericordiadefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
Amercement, which see.
In old English law. A fine on the whole commtinity.
- Misfeasancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
The performance of an act which might lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance or nonfeasance. See, generall
the plaintiff's declaration averred positive acts of negligence on the part of Johnson toward the plaintiff; namely, that while engaged in the company's service in the movement of
- Misfortunedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
An adverse event not immediately dependent on the action or will of him who suffers from it, and of such a character that no prudent man would take it into his calculation in refer
Money paid by way of contract or composition to purchase any liberty, ete. Blount. Misora est servitus, ubi jus est vagum aut incertum. It is a wretched state of slavery which subs
- Misjoinderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
An improper joinder, whether of actions, causes of action, offenses, parties, etc. See "Joinder." MISKENNING (Fr. mis, wrong, and Saxon cennan, summon). A wrongful citation; a vari
A mistake in stating or quoting.
To deposit in a place not afterwards recollected; to lose anything by forgetfulness of the place where it was laid. Shehane v. Sinte, 13 Tex. App. 535.
the terms “false”, “incorrect”, and “misleading” mean, respectively, false, incorrect, and misleading in any particular;
the term “misleading conduct” means— (A) knowingly making a false statement; (B) intentionally omitting information from a statement and thereby causing a portion of such statement
the term “misleading designation”— (A) means a certification, professional designation, or other purported credential that indicates or implies that a salesperson or adviser has sp
the term “misleading or fraudulent marketing” means the use of a misleading designation by a person that sells to or advises a senior in connection with the sale of a financial pro
The term "misleading statement" includes any communication, action, omission, or intimation made in writing, visually, orally, or through other means, that has the likeli
In old English law. The being quit of amercements for plaints not regularly and properly preferred.
- Misnomerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
The use of a wrong name in designating any person in any instrument or proceeding. In contracts and deeds, a misnomer is generally immaterial if the person intended can be ascertai
2 1. Formerly, any dereliction or ofi Eense which had no distinctive name.' Any such high offense as is under the degree of capital, but nearly bordering thereon; is contained in e
Neither this Court nor any member of it has ever expressed the view that the Fourth Amendment protects a wrongdoer's misplaced belief that a person to whom he voluntarily confides
- Mispleadingdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
Pleading incorrectly, or omitting anything in pleading which is essential to the support or defense of an action, is so called. 198 111. 466. Pleading "Not guilty" to an action of
- Misprisiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In criminal law. A term used to signify every considerable misdemeanor which has not a certain name given to it by law. 3 Inst. 36. The concealment of a crime. Misprision of felony
See Misprision.
it is the effence of the offence, as well upon general principles, as upon the positive language of the act of Assembly, that the words should be spoken publicly, deliberately, mal
The offense of failing to prevent a felony committed in one’s presence (See 62 Ark. 286, 36 S. W. 900); the concealment of a past felony.
When a deed is read falsely to an illiterate or blind man who is a party to it, such false reading amounts to a fraud, because the contract never had the assent of both parties; 5
- Misrecitaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
The incorrect recital of a matter of fact, either in an agreement or a plea. Under the latter term is here understood the declaration and all the subsequent pleadings. See "Recital
- misrepresentationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
The misrepresentation which will vitiate a contract of sale, and prevent a court of equity from aiding its enforcement, must not only relate to a material matter constituting an in
It is not on the doctrine of seaworthiness that a misrepresentation is held to vitiate the policy, because the insured is always held to guaranty the sufficiency of his vessel to p
the term “misrepresentation of fact” means a false statement of substantive fact, or any conduct which leads to a belief of a substantive fact material to proper understanding of t
Lat The mass.
The mass-book.
the term “missile” means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed productio
The term "missile defense and defeat programs" means active and passive ballistic missile defense programs, cruise missile defense programs for the homeland, and missile
the terms “missile equipment or technology” and “MTCR equipment or technology” mean those items listed in category I or category II of the MTCR Annex; / the terms "missile equ
The term "missile range" means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
the term “Missile Technology Control Regime” or “MTCR” means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Ca
The term "Missile Technology Control Regime Annex" means the Guidelines and Equipment and Technology Annex of the Missile Technology Control Regime, and any amendments th
In Roman Law. Gifts which officers were in the habit of throwing among the people. Inst. 2, 1, 45.
The term "missing adult" means an individual who— (A) is older than the age for which an alert may be issued through the AMBER Alert communications network in the State o
For purposes of this subparagraph, the term "missing child" shall have the meaning given such term by section 403 of the Missing Children's Assistance Act (42 U.S.C. 5772
The term “missing participant” means a participant or beneficiary under a terminating plan whom the plan administrator cannot locate after a diligent search.
The term “missing person” means— (A) a member of the armed forces on active duty who is in a missing status; or (B) a civilian employee of the Department of Defense or an employee
- Missing Shipdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
A ship which has been at sea and unheard from for so long a time as to give rise to the presumption that she has perished with all on board. There is no precise time fixed as to wh
“missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (
A sending; a putting.
Rutting a creditor in possession of his debtor,s goods under an execution.
A writ by which a creditor obtained actual control, or mere detention of a thing as security for his claim, without any right of sale or action. Sohm, Rom. L. 275.
A sending out of the jury to decide upon their verdict.
The term “mission” means the mission of the Office. / the term “mission” includes missions within the meaning of the Vienna Convention and any missions representing foreign governm
The term “mission assignment” means a work order issued to a Federal agency by the Agency, directing completion by that agency of a specified task and setting forth funding, other
The large tracts of land appurtenant to the mission establishments, were never vested in the church, or any other corporation or individual, by any grant of a legal title. The miss
The name of one of the United States of America. The territory of Mississippi, embracing the present states of Alabama and Mississippi, was authorized to be organized by act of con
In Scotch practice. Writings passed between parties as evidence of a transaction. Bell, Diet. MISSTAICUS (Lat.) In old records. A messenger.
The name of one of the United States of America. It was formed out of part of the territory ceded to the United States by the French Republic by treaty of April 30, 1803, and admit
The provisions in the act admitting Missouri to the Union in 1820, prohibiting slavery north of lat. 36° 30' N., except in Missouri.
A priest in orders. Blount.
A messenger.
The ceremonies used In a Roman Catholic church to recommend and dismiss a dying person.
- Mistakedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
An erroneous conception, conviction, or belief in respect to matter of either fact or law, arising from ignorance, surprise, imposition, or misplaced confidence. See Story, Eq. Jur
In contracts of this kind the same good faith is required, and the same responsibility attaches to its violation, which law and reason prescribes in every description of contracts.
Mistake of fact has been defined to be a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in an unconscious ignorance
If it was made under any mistake at all, it was clearly a mistake of law. They mistook the legal effect of transactions of which they were chargeable with notice.
1. 1. A trade or occupation; a mystery.
An old form of mystery (q. V.)
The style of the wife of an esquire or gentleman.
- Mistrialdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A trial which Is erroneous on account of some defect in the persons trying, as if the jury come from the wrong county, or because there was no issue formed, as if no plea be entere
For purposes of this section, the term “misuse” means— (1) splitting purchases; (2) exceeding applicable purchase card limits or purchase thresholds; (3) purchasing any unauthorize
- Misuserdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
An unlawful use of a right. In cases of public offices and franchises, a misuser is sufiicient to cause the right to be forfeited. 2 Bl. Comm. 153; 5 Pick. (Mass.) 163.
To mitigate a sentence is to reduce or lessen the amount of the penalty or punishment.
facts about the defendant's character or background, or the circumstances of the particular offense, that may call for a penalty less than death.
- Mitigationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Reduction; diminution; lessening of the amount of a penalty or punishment. Circumstances which do not amount to a justification or excuse of the act committed may yet be properly c
A reduction of the amount of damages, not by proof of facts which are a bar to a part of the plaintiffs cause of action, or a justification, nor yet of facts which constifute a cau
I. In the milder sense.
- Mitior Sensusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
See "In Mltlorl Sensu." MITIUS IMPERANTI MELIUS PAREtur. The more mildly one commands, the better is he obeyed. 3 Inst. 24. MITTENDO MANUSCRIPTUM PEDIS finis. An abolished judicial
The more’ mildly one commands, the better he is obeyed.
In French law. The joint ownership of two neighbors in a wall, ditch or hedge which separates their estates.
Writtosend the record and process of acause to a superior court; a species of writ of error. Reg. Orig. 209.
: CLERICO CAPTO PER STATUTUM
An abolished judicial writ addressed to the treasurer and chamberlain of the exchequer to search for and transmit the foot of a fine acknowledged before justices in eyre into the c
To put; to send.
To set before; to produce.
To send; to put.
To put into hotchpot. See Hotchpot .
/r. To set free. Mitter avant: to set before. Mitter le droit: to pass the right. Mitter Testate: to pass the estate; words used to distinguish different kinds of releases.
To pass the right.
To pass the estate.
- Mittimusdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
From the broadness of the ancient statute it is apparent that in relation to all process, civil or criminal, mesne or final no person could be committed to prison without a mittimu
Let us suppose.
Formed by admixture or commingling; partaking of the nature, character or legal attributes of two or more distinct kinds or classes. —Mixed laws. A name sometimes given to those wh
- Mixed Actiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
In practice. An action partaking of the nature both of a real and of a personal action, by which real property is demanded, and also damages for a wrong sustained. An ejectment is
all who have an identifiable mixture of white blood.
These mixed cases, however, will be found, not cases of tort, but of contract, which do not depend altogether upon locality as the test of jurisdiction, such as contracts of materi
In civil law. A contract in which one of the parties confers a benefit on the other, and requires of the latter something of less value than what he has given; as, a legacy charged
Mixed-finance project.—The term "mixed-finance project" means a public housing project that meets the requirements of section 1437z–7 of this title. / For purposes of thi
For purposes of this subsection, the term “mixed-fuel vehicle” means any motor vehicle described in subparagraph (C) or (D) of paragraph (3), which— (i) is certified by the manufac
- Mixed Governmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A government established with some of the powers of a monarchical, aristocratical, and democratical government. Also a jury composed partly of negroes and partly of white men.
A jury composed half of men of the same nationality as the foreigner who was a party to the action and the other half of Englishmen.