Glossary of Technical Terms, Phrases, and Maxims of the Common Law
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/. A cattle-stealer.
- Abandonmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Desertion; surrender; relinquishment of property; as when an insured person makes over his rights. in the goods to the insurer.
/. To detect or disclose a crime.
I., or Abatement. (A making less; a destroying.) Of a nuisance, when the party injured removes or destroys it. Of freehold, when a stranger enters, and keeps possession of, lands,
abbatre, abater, fr. To abate, throw Abatre maison: to raze a house. Abatus down by the wind.
/., Abbrochment. The market; buying up at wholesale aU the goods,
l. To carry away a human being. ried away.
- Abductiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The forcible or fraudulent carrying child, or female servant.
- Abearancedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Behavior; carriage.
- Abetdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To aid or encourage. An abettor is an accessary is concerned in it either before
- Abeyancedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
fr. Expectation. An estate is there is no certain person living in whom it
- Abiding bydefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In Scotch law, the judicial that he abides by a deed which has been his peril.
- Abigeatusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The crime of stealing cattle by herds.
Immunity from, being quit of,
Anciently a person crime, except treason or sacrilege, who took or other sanctuary, might save his life by and swearing to forsake the realm.
A term applied to law affecting natural relations or conditions, as if insane or of persons; v. Normal.
- Absolutedefined inBlack's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
Unconditional; complete in itself; Absolute conveyance: one without condition Absolute estate to in abatement: to sue; or they deright; v. Plea. down, or destroy. per vent: thrown
I. Entire and right ownership.
- Absquedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
I. Without. Absque aliquo inde reddendo (without rendering anything therefrom): without reserving any rent. Absque hoc: without this; v. Traverse. Absque impetitione vasti: without
- Abundans cautela non nocetdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Stimson (1881)
I. Plenty of care does no harm.
The bounds of land. The sides adjoin, the ends abut on, surrounding land.
/. To do homage to a chief lord on taking a feud.
/. The relief money payable to a chief lord.
- Accedas ad curiamdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
I. (That you go to the court.) An English common-law writ to remove a cause from an inferior court not of record to one of the higher courts.
- Acceptancedefined inCase LawBallentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
1. The agreement to pay a bill of exchange, made by. the drawee when the bill is presented, as by writing his name on the face. Acceptance supra protest or for honor: an acceptance
- Acceptaredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
I. To accept.
- Acceptordefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
v. JSill, III. 4. abilL
- Accessiodefined inBlack's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
/. Accession; a increase, or addition to deposit of a river; or the young of animals.
- Accessorydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
accessary. to something else, called riutn non ducit sed cessory does not lead, shaU pass by grant of grant of the incident. cui accedit: the accessory it relates. The spelling mea
- Accomendadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
ital. The and the master of a vessel, on joint account and share Accommodation paper. dorsed by one person for
- Accomplicedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Any person or accessary.
- Accorddefined inBlack's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
An agreement claim which one of them it is called accord and upon that claim.
- Accountdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
An obsolete render an account and current: an open account. anced, which is considered Aocouple,/;-. Married. I. To Acceptavit: lie accepted.; the verbal release of a debt, by has
- Accretiondefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
The increase of land
- Accroachdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
To exercise power Accusare nemo se debet, nisi to accuse himself, except before Accusator post rationabile se bene de omissione not be heard after a reasonable explained his delay.
- Ac etiamdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
/. And also. Ac etiam billse: and also to a bill. In English practice, in the K. B., words used to introduce the real cause of action in cases where it was necessary to allege a fi
- Achatdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
achate, /r. A purchase Acknowledgment-money. land by copyhold tenants to the
- Acquestdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Property acquired Acquets,/^. Property acquired or gains of property as between Acquietandis plegiis, /. A the surety against a creditor the debt was paid.
I. An acquittance
I. To acquit.
- Acquittancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
The discharge of A release is a similar discharge
A camp fight; an English and Scotch, in an open Act of bankruptcy: an act adjudged bankrupt. Act in of God: an occurrence which Act of settlement: the 12 Crown was limited to the p
- Actdefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
is established common law and the from any one court, other courts. 13. The of judicature in English common-law courts, Chancery; and it has now Appeal (Court, 26). Its as a court
- Actiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
I. An action; cause. based on contract; ex delicto, against the person; in rem, by natural causes. without authority. coram Deo, /. No one is bound God. tempus non est audiendus, n
Actio non, Actionem non: words anciently beginning a special plea, averring that the plaintiff ought not to maintain his action. Actio non accrevit infra sez annos: the (plaintiff'
The legal demand of one's right. Ancestral action: one brought to recover land, relying on the seisin or possession of an ancestor. Civil action: one to enforce a private right. Dr
The statute 11 Ed. I. statute merchant.
- Actordefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
I. A plaintiff. Actor sequitur follows the defendant's court): the plaintiff defendant lives. Aotore non probante the plaintiff not having proved his case, charged. Actori incumbit
- Acts of Sederuntdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The general rules and Court of Sessions.
- Actumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
I. Done; a deed.
- Actusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
I. An action, act. Actus curise an act of the court shall prejudice no legis nemini facit injuriam: an act of law injures no one. Actus legis nemini act of the law is prejudicial t
The title or description added to the name of a person in legal writings for greater certainty.
- Additio probat minoritatemdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Stimson (1881)
/. An addition indicates minority, or inferiority.
- Adeemdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
To take away, revoke.
- Ademptiondefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The withholding or extinction of a legacy caused by some act of the testator during life. Adeprimes.y?-. Pirst; in the first place. Aderere,/?-. In arrear; behind. Adesouth,^. Unde
- Adherencedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
In Scotch law, an action by either party for the restitution of conjugal rights.
/., aleier,/r. To purge one's self of crime by oath; v. Purgation.
- Adiratusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
/. Strayed; lost.
- Aditusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
;. A public road; a way of entry.
- Adjective lawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
The part of law establishing remedies.
;., Adjourner,/?-. To adjourn. Adjornatur: it is adjourned.
- Adjudicationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Judgment, decree. Adjudication in implement: in Scotch law, a grantee's action against a grantor who refuses to complete his title.
I. Adjunction; a method of accession, or gaining property, when one man's property is materially affixed to that of another.
- Adjustmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The termination, division, and settlement of a loss under a marine insurance policy.
- Admeasurement of Dowerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A writ which lay for the heir against the widow holding more land than she was entitled to.
- Admeasurement of Pasturedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A writ for the adjustment of rights of pasture which lay against one of those who were entitled to common in favor of the others.
- Adminicledefined inCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
That which aids something else; in Scotch law, a deed or document referring to and proving another. Adminicular: auxiliary to. Adminiculum, /.: adminicle.
I., Administer. To manage, take charge of.
- Administrationdefined inU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
Collecting the estate of a deceased intestate under legal appointment, paying his debts, and dividing the remainder among those entitled. Management of affairs generally. Administr
- Administration Suitdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
A suit brought in Chancery, in English practice, by any one interested, for administration of a decedent's estate, when there is doubt as to its solvency.
- Administratordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
One who rightfully administers an estate.
Lord High. The chief oflcer of the English navy, and theoretical head of the courts of admiralty. His naval duties are now performed by the Lords Commissioners, and his judicial, b
Probate, Divorce, Common at Durham, and by the Assize courts. pellate jurisdiction of the Court of Appeal 18), or of the same court sitting as a ruptcy; the jurisdiction of the Cou
- Admiraltydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A court having jurisdiction of marine affairs and maritime causes, civil and criminal. Sometimes also of prize ques-
The Lord Chief Justice of the Court, which is divided into five cery Division; (22.) King's [Queen's] (23.) Common Pleas Division; (24.) (25.) Probate, Divorce, and Admiralty of th
- Admittancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Gmng possession, of a copyhold estate, whether upon grant of the lord, surrender by a former tenant, or descent. Admittendo clerico; v. De.
- Admonitio trinadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
I. The threefold warning given to a prisoner standing mute before subjecting him to the paine forte et
- Adnihilaredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
adnu Uare, I., adnihil. To annul.
adunque, adoun,//-. Then.
- Adrectaredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
/. To do right, make amends. Adscript! glebse,;. Annexed to the soil; slaves who were sold with the land. Adsm., ads., ats. Abbreviations of ad sectam, at suit of.
I. To make secure; as by giving pledges.
- Adultdefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In civil law, a person who has reached the age of fourteen, or twelve if female. In common law, a person aged twentyone.
- Adulteriumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
I. A fine anciently imposed for adultery or fornication.
- Advancementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Money or property given to a child by a father, or other person in, loco parentis, in anticipation of what the child might inherit.
avener, aveigner,_/r. To happen; come to; become.
- Adventuredefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Goods sent to sea at the risk of the sender, to be sold at best advantage by the supercargo.
- Advisementdefined inBouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Consultation; deliberation.
- Advocatedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
A person privileged to plead for another in court; a name for counsel in ecclesiastical or admiralty courts. Also, the patron of a living.
Lord. The chief Crown lawyer and public prosecutor in Scotland.
/. An advowson. An avowry in replevin. Advocation.
The Scotch process of appeal.
fr., advow, avouch, avow, advocare, /. To avow, admit; to acknowledge and justify.
He who holds an advowson.
- Advowsondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A right of presentation to a church or benefice, of dant: one annexed to a manor. Advo'vtrson in gross: one belonging to a person. Advo'ro-son presentative: when the patron present
advowterer. Adultery, adulterer..aidificare in tuo proprio solo non licet quod alter! noceat. It is not lawful to build upon your own land what may injure another. i Eedificatum so
The process a bastard child, whereby
licet non sequatur efiectus, I. The intention is punished, though the consequences do not follow. Affectum propter; v. Challenge.
afiere; afierer, fr.; afferare, /. To assess, appraise.
afferator, I. Persons appointed in courts-leet to assess fines and amerciaments, upon oath.
affri, s SrHjfr. Cattle, or beasts.