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.
Completely. Absolutely void means utterly void; Pearsoll v. Chapln, 44 Pa. 9. Absolutely necessary may he used to make the idea of necessity more emphatic; State v. Tetrick, 34 W.
In Spanish law, nullity is either absolute or relative. The former is that which arises from the law, whether civil or criminal, the principal motive for which is the public intere
An absolute conveyance la one by which the right or property in a thing is transferred, free of any condition or qualification, by which it might be defeated or changed ; as an ord
Two persons owning shares in severalty are each an absolute owner. See 18 L. R. A. 481.
to the extent of their debts creditors are entitled to priority over stockholders against all the property of an insolvent corporation
the proscriptions of these three subsections are absolute. Unlike § 2(a), none of them requires, as proof of a prima facie violation, a showing that the illicit practice has had an
In respect to chattels personal property is said to be "absolute" where a man has, solely and exclusively, the right and also the occupation of any movable chattels, so that they c
it must be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party to whom the promise was made; for if he after
Those rights which belong to natural pei*sons, as individuals, in contradistinction to tliose which arise from the civil and domestic relations; consisting of the right of personal
In practice. A rule of court commanding something to be done asolutely, and at all events, as distinguished from a rule nisi, wich commands something to be done, wnless cause be sh
A rule or order of court commanding something to be done, without conditions.
As applied to title to land, an "absolute" title means an exclusive title, or at least a title which excludes ali others not compatible with it; an absolute title to land cannot ex
A warranting or assuring of property against all mankind. It is, in effect, a covenant of title.
In Civil Law. A sentence whereby a party accused is declared innocent of the crime laid to his charge. as are penitent are remitted. The formula of absolution in the Roman Church i
That government in which public power is vested in some person or persons, unchecked and uncontrolled by any law or institution. The word was first used at the beginning of this ce
I. Entire and right ownership.
In Scotch law. An acquittal ; a decree in favor of the defender in any action.
Lat. To detest and avoid. Cowell.
Absorption' should be read to include the introduction of moisture from the outside and the incorporation of water into the butter, whether it is technically an absorption or not.
- Absquedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In Latin phrases. A preposition denoting without, or except for. ABSQUE ALIQUO INDE REDDENDO (Lat. without reserving any rent therefrom). A term used of a free g^rant by the crovra
Without reservation of rent.
With out the consideration of the court.
In old practice. Without the consideration of the court; without judgment Fleta, lib. 2, c. 47, § 13.
Without this. An introductory term used at the beginning of the negative part of a plea. See 8 Pa. 270.
Without impeachment of waste. Signifying the tenant's nonliability for waste.
(Lat without such cause.) Formal words in the now obsolete replication de injuria. Steph. PI. 191.
Without such cause.
* 1, v. To take or withdraw from; to remove or take away. Under § 5209, Rev. St., an officer of a national bank may be guilty of " abstracting " funds, money, and credits, without
a doctrine of abstention appropriate to our federal system whereby the federal courts, 'exercising a wise discretion', restrain their authority because of 'scrupulous regard for th
An abridgment or synopsis. In appellate practice, A condensed statement of the evidence or record. Of a Fine. An abstract of the writ of covenant and the concord; naming the par- O
An epitome; a summary; a brief of that from which it is taken. An abstract of a fine is an abstract of the writ of covenant and the concord, naming the parties, the parcels of land
the mere abstract teaching of the moral propriety or even moral necessity for a resort to force and violence, is not the same as preparing a group for violent action and steeling i
Federal courts will not pass upon constitutional contentions presented in an abstract rather than in a concrete form.
- Abstract of a finedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An abstract of the writ of covenant and the concord, naming the parties, the parcels of land, and the agreement. Black. See 2 Bl. Comm. 351.
A brief transcript of the essentials of a recorded judgment.
- Abstract of titledefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A synopsis or brief showing the claim of title to a parcel of land as it appears of record. See 3 Minn. 94.
That which is both physically and morally impossible. State v. Hayes, 81 Mo. 574.
General terms descriptive of a class of persons made subject to a criminal statute may and should be limited, where the literal application of the statute would lead to extreme or
the principle is to be applied to override the literal terms of a statute only under rare and exceptional circumstances... to justify a departure from the letter of the law upon th
- Abundans Cautela Non Nocetdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Stimson (1881)
Abundant caution does no harm. 11 Coke, 6; Fleta, lib. 1, c. 28, §1.
See A. U. C. ABACTOR (Lat ab and agcre, to lead away). One who stole cattle in numbers. Jacob, Law Diet. One who stole one horse, two mares, two oxen, two she-goats, or five rams.
- abusedefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
“abuse” includes— (A) any case in which— (i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural
n. ‘Everything which is contrary to good order established by usage. Merl. Repert. Departure from use; immoderate or improper use. The “abuse or misuse” of its franchises by a corp
The term "abuse in later life"— (A) means— (i) neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing relations
An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration, 58 Ala. 376.
The term “abuse of authority” means the following: (A) An arbitrary and capricious exercise of authority that is inconsistent with the mission of the Department of Defense or the s
Such an abuse would take place if the summons had been issued for an improper purpose, such as to harass the taxpayer or to put pressure on him to settle a collateral dispute, or f
proper standard of review of a district court's evidentiary rulings.
The using an animal or chattel distrained, which maies the distrainer liable as for a conversion.
Wrongful use of the process of a court. See 58 Am. St. Rep. 434.
if a prisoner deliberately withholds one of two grounds for federal collateral relief at the time of filing his first application, in the hope of being granted two hearings rather
The term “abuse or threatened abuse of law or legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or
The term “abuse or threatened abuse of the legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or fo
The term "abuser" means an individual who has committed or allegedly committed a covered act against— (A) an individual who seeks relief under subsection (b); or (B) an i
The term “abusing and exploiting” means any conduct which would constitute a violation of section 1466A, 1589, 1591, 1592, 2251, or 2251A of title 18.
- Abutdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
To reach; to touch. In old law, the ends were said to abut, the sides to adjoin. Cro. Jac. 184. To take a new direction; as where a bounding line changes its course. Spelman, voc.
The walls of a bridge adjoining the land which support the end of the roadway and sustain the arches. See Board of Chosen Freeholders of Sussex County v. Strader, 18 N. J. L. 108,
Lat. Abuttalled. Toums, PI. 26.
(From a but, q. v.) Commonly defined "the buttings and boundings of lands, east, west, north, and south, showing on what other lands, highways or places they abut or are limited an
1. 1 In old English law. To abut Abnttans: abutting.
The owner of land abutting on a public street, in the bed of which the owner has no title or private right except such as are incident to a lot so situated. 122 N. Y. 1; 130 N. Y.
An owner of land which abuts or adjoins. The term usually implies that the relative parts actually adjoin, but is sometimes loosely used without implying more than close proximity.
enhancing the freedom of teachers to teach what they will," "ante," at 586 —even though "academic freedom" in that sense has little scope in the structured elementary and secondary
For purposes of subparagraph (A), the term “academic health center” means an entity— (i) which is described in section 170(b)(1)(A)(iii), (ii) which receives (during the calendar y
The term “program”, unless the context otherwise requires, and except when used as part of the term “academic program”, means a program described in section 12523(a) of this title
“academic year” means a regular school year, consisting of two semesters; / “academic year” means a regular school year, consisting of two semesters; / The term “academic year” mea
“Academy” means the National Academy for Fire Prevention and Control; / In this subsection, the term "Academy" means the National Academy of Sciences. / Academy.—The term
In this section, the term “academy cadet or midshipman” means— (1) a cadet of the United States Military Academy; (2) a midshipman of the United States Naval Academy; (3) a cadet o
Covered Programs.—In this section, the term “Academy mixed-funded athletic or recreational extracurricular program” means an athletic or recreational extracurricular program of the
In French feudal law. A species of relief; a seignorial right due on every change of a tenant. A feudal right which formerly prevailed in Languedoc and Guyenne, being attached to t
ACAPITARE, or ACAPtare (Law Lat.) From caput, head, or chief. (1) To pay homage to a chief lord, on becoming his vassal. Bracton, fol. 78n; Fleta, lib. 3, c. 16, § 6, (2) To acknow
I. I. In old English law. Money paid by a vassal to the chief lord on taking a feud; the relief due to the chief lord.
- Accedas ad curiamdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
A chancery writ directing the removal of a replevin suit to the superior court.
A writ directed to the coroners to compel a sheriff to make return of a writ.
L In the civil law. To go to or with; to be joined or added to; to belong to; to approach; to be near or next to; to accedfi; to assent or agrea
To shorten the time for the vesting in possession of an expectant estate or interest
The term “accelerated nursing degree program” means a program of education in professional nursing offered by an accredited school of nursing in which an individual holding a bache
For purposes of this subsection, the term “accelerated policyholder dividends deduction” means the amount which (but for this subsection) would be determined for the taxable year u
An estate Is said to be accelerated when it is reduced to possession by the extinguishment of the precedent estate sooner than it would have been in the due course of events. Thus
To receive with approval or satisfaction; to receive with intent to retain. Also, in the capacity of drawee of a bill, to recognize the draft, and engage to pay it when due.
The term “acceptable identification document” means, with respect to an individual— (A) a nonexpired passport issued by the United States; (B) a nonexpired identification document
For the purposes of this paragraph, the term “acceptable measures” includes use of cost containment measures, curtailment of vendor abuse, and breastfeeding promotion activities.
- acceptancedefined inCase LawBallentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
Acceptors of a bill of exchange, by the act of acceptance, admit the genuineness of the signatures of the drawers, and the competency of the drawers to assume that responsibility.
PARTIAL, contracts. An agreement to pay a bill of exchange, according to the tenor of the acceptance, and this may vary from the bill with respect to sum, time and place: it may al
In French law. Acceptance in case of need. See "Au Besoin." ACCEPTARE (Lat.) —In Old Pleading. To accept. Acceptavit, he accepted. 2 Strange, 817. Non acceptavit, he did not accept
An acceptance is not a collateral engagement to pay the debt of another: it is an absolute engagement to pay the money to the holder of the bill; and the engagements of all the oth
It is to be borne in mind that the power of the President under the Constitution to grant pardons and the right of a witness must be kept in accommodation. Both have sanction in th
the term “acceptance point” means the point at which nonpriority bypass mail originates;
Any stranger has a right to intervene in case of the non-acceptance, or non-payment of a bill of exchange. This is an established usage in commercial operations, and contributes es
- Acceptaredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To accept.
I. Accepted and agreed. faction from an obligation either arising out of a verbal undertaliing, or (more generally) reduced to the form of a verbal stipulation.
the term “accepted card or other means of access” means a card, code, or other means of access to a consumer's account for the purpose of initiating electronic fund transfers when
The term “accepted credit card” means any credit card which the cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of ob
In French law. Acceptor of a bill for honor.
Lat. [from aecepturn, a thing received, and latio, a putting down.] In the civil law. A holding, considering, or acknowledging as received. A form of releasing one from an obligati
In civil law. A release made by a creditor to his debtor of his debt, without receiving any consideration. Ayliflfe, Pand. tit. 26, p. 570. It is a species of donation, but not sub
- Acceptordefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
The party who accepts a bill of exchange. 3 Kent, Comm. 75. The party who undertakes to pay a bill of exchange in the first instance.
the doctrine is well established, that the acceptor is bound to know the handwriting of the drawer, and cannot defend himself from payment by a subsequent discovery of the forgery
The general rule undoubtedly is, that the drawee by accepting the bill admits the handwriting of the drawer; but not of the indorsers. And the holder is bound to know that the prev
- Acceptor Supra Protestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A party who accepts a bill which has been protested, for the honor of the drawer or any one of the indorsers.