Glossary of Technical Terms, Phrases, and Maxims of the Common Law
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Showing the 207 terms defined in Glossary of Technical Terms, Phrases, and Maxims of the Common Law. Browse all dictionaries
- Sacdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
The liberty of holding pleas and amercements; the jurisdiction of a franchise or manor court. Soc: the money paid therefor, or for exemption therefrom.
saccabor, sax. A person from whom a thing had been stolen, and who freshly pursued the thief.
fr. To know. Sachent: let them know. Sachez:
I. An oath; a juror's oatli.
Larceny or other trespass in a church.
I. Often required, requested.
- Safeguarddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
A writ under the great seal, giving strangers license and protection in the fealm.
- Safe pledgedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
A sufficient surety, salvus plegius.
I. Seisin.
I. A willow wood; an osier bed. <
The earliest barbarian code, dating from the fifth century, compiled under Pharamond, King of the Franks.
I. The welfare of the people is the supreme law.
I. Greeting; a formal word beginning writs.
I. Safeguard.
- Salvagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
A compensation allowed to persons who have saved or aided in saving ships or cargo from actual loss after wreck, or from impending danger, whether from fire, pirates, enemies, or t
I. Saving, except; safely. Salvo jure cujuslibet: saving the rights of any and all. Salvo me et hseredibua meis: except me and my heirs. Salvo pudore: saving modesty. Salvus plegiu
I. A sanction; the part of laws prescribing a reward or penalty. Sanctio juata, jubens honesta et prohibens contraria: a just sanction, authorizing what is right and forbidding wha
- Sanctuarydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
A consecrated or privileged place, wherein no arrest could be made. v. Abjuration, of the realm. Sane,/r. Sound.
I., Sang, sank.yr. Blood; consanguinity. Sans.yr. "Without. Sans ceo que: without this, that; v. Traverse, special. Sans jour: without dat^. Sans nombre; without number; v. Common.
mag., Scandalnm men; as a peer, derer liable to a
Sca.voir, fr.
- Scienterdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Knowingly was aware of make him liable;
- Scilicetdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
I. To wit;
/. Spark. Scire debes cum whom you contract. the name of a writ the defendant to advantage of it; or enforce a give notice in various the return of a when a sheri Ef testatoris, wi
- Scribere est ageredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)
I. To write is to act. ^ Scroll An escrow; a rolled writing. A flourish or ornament.
I., Scutage. Escuage. A payment in commutation of military services.
An esquire. Se,//. If. Se, I. Himself; itself; themselves. Se defendendo: in defending himself; v. Homicide.
;. A shield; a pent-house.
A manifest, particularly in time of war; a ship's passport.
- Searchdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
right of. The right of belligerent powers to search neutral vessels for contraband goods or enemy's property. Searchwarrant: is granted by a justice of the peace for the searching
seck.yj-. Dry; barren, v. Rent. Second deliverance. A writ for the plaintiff ia replevin, after judgment for a return on default or nonsuit, to have the goods again on his giving t
- Secondarydefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
v. Conveyance, Emdence.
- Sectadefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
/. Suit. Suit at court, attendance at court. The witnesses of a party in ancient procedure, v. Witness, Compurgatores. Secta ad molendinum (suit to a mill): a writ against persons
/. A suitor; one bound ad sectam curiie.
- Sectiondefined inBallentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
In American land law, one square mile, one thirty-sixth of a township.
- Secundumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
I. According to; in favor of; near. Secundum sequum et bonum: according to what is just and good. Secundum allegata et probata: according to what is alleged and proved. Secundum co
I. An old writ " for security of the peace " for one who was threatened by another.
/. Safe; sure. Securitas: surety.
I. Otherwise; contrary.
/. But. Sed non allocatur: but it is not allowed. Sed per curiam: but, by the court.
I. With settled purpose.
I. The court sitting; during the sitting of the court. Sederunt: in Scotland, the session of a court.
I. A see; the dignity of a bishop.
- Seditiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
An offence, tending towards treason, but wanting the overt act. See. A bishop's dignity or jurisdiction. See,^.. seat.
seignior, _/7-. A lord; a master, owner.
- Seigniorydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
A lordship; a manor. Seigniory in gross: a lordship independent of a manor; as the King's seigniory over tenants in. capite.
Possessed of land under claim of a freehold interest. Seisin: seisin in fact, actual possession, investiture of a freehold. Seisin in laiw: the estate of a person having a freehold
I. Seisin. Seisina facit stipitem (seisin makes stock): the seisin determines the root of descent; v. Possessio fratris, etc. The old law by which descent was traced from the perso
seizin, etc. Seised, seisin. Semb., Semble,//-. It seems. An expression applied to an o Uter dictum by the judge, or a suggestion by the reporter.
fr. Similar; like. Semblement {Similiter): likewise. Semer,/r. To sow. Seme: sown.
I. Half-proof.
- Semperdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
I. Always. Semper in obscuris minimum obscure. Semper paratua: always (prepared) ready; v. Tout temps prist. Semper prsesumitur pro uegante: the presumption is always iu favor of t
- Senatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Bouvier (1839)
t. Court, 103.
- Senatus consultumdefined inBallentine's (1916)Black's (1910)Stimson (1881)Abbott (1879)Bouvier (1839)
I. A decree of the senate; one of the chief sources of Roman law.
I., Seneschal,^-. A steward of a manor. Sensus verborum est anima legis, I. The true meaning of the words is the soul of the law.
I. Sense, meaning; sentence, decree.
I. Severally.
- Sequatur sub suo periculodefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
/. An old writ issued on a return nihil to a summoneas ad warrantizandum, after an alias un Apluries had been issued.
/. A suit; prosecution.
/. A writ of execution against a beneficed clergyman, commanding the bishop to enter the rectory and church, and take and sequester the same until of the rents, tithes, and profits
- Sequestrationdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
In equity practice, the process of taking the property of a defendant in contempt, and holding it in the custody of the court.
- Seriatimdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
/. In order, one after another. Seriaunt,//., Serjeant. The highest degree in the profession of common law. Serjeants wore the coif, and had formerly the exclusive right to practis
- Serjeantydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
A special kind of knight-service, held only of the King. Grand serjeanty: when the tenant was not bound to attend the King in wars, nor liable to aid or escuage; but performed some
/. Speech is the index of the mind.
To legally deliver; as of a writ.
- Servicedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
The duty (whether of rents or services) which a tenant owed the lord for his fee. Knight-service: v. Tenure. I, A bailiff, officer.
- Servitiumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
I. Service. Libenim servitium: free service. Servitium militare: military service, knight-service. Servitium regale: royal service, granted by royal prerogative to the lord of a ma
/. A servitude; an easement. Servitus servitutis esse non potest: there cannot be an easement of [on] an easement. Servitus non ea natura est, ut aliquid faciat quis', sed ut aliqu
/. Slave, bondman. Servus facit ut herus det: the slave does [the work] that the master may give [the wages].
- Sessiondefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
Court of. The supreme civil court of Scotland, v. Court, 94. Sessions: v. Court, 27, 28, 40, 112.
or County Sessions: a minor criminal court, or general sessions of the peace, held in each county four times a year before two justices of the peace, one of whom must be of the quo
- Set-offdefined inCase LawCyclopedic (1922)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
A claim for debt or damages set up by the defendant against the plaintiff in reduction of his claims, v. Recoupment.
- Settlementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
The rights and condition of a resident, as to parochial relief, etc. v. Strict settlement. Act of Settlement: V. Act.
- Severaldefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
Individual; separate; entire. Severalty: an estate held entirely by one owner in his own right; v. Joint.
- Severancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
The dissolution or severing of parties to a suit; or of joint tenants or coparceners.
v. Common.
;. A wood.
A case in which is stated the rule that you cannot limit an estate to a man for life, with a remainder to his children, or heirs in fee or tail. The latter words will be words of l
jury. v. Court, 33, 38, 39, 59, 97.
The agent of the owners of a ship, who manages the affairs generally, sees to repairs, insurance, charterparties, etc. Si, I. If. Si aliquid ez solemnibus deficiat, cum sequitas po
I. Seal. Sigillare: to seal.
/. A name for the writ de excommunicato capiendo, to imprison a person, during six months, for contempt of an order of the Ecclesiastical Court. (lignum, /. A sign; mark; seal. Sig
The royal signature, written at the top.
I. The laws are silent among arms [in time of war].
/. Wood which may be cut yearly; imderwood; not timber.
- Similiterdefined inBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
/. Likewise; a word used in joinder of issue or demurrer. K. joinder of issue.
- Simonydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
The corrupt presentation to an ecclesiastical benefice.
V. Contract, Larceny.
I. Mere recommendation does not bind [the vendor]. Simplex dictum: mere averment. speech, the mere plaint of
I. Simply; of its own force.
/. Together with; words used in indictments or pleadings against a person who did a thing "with others " unknown. Simul et semel: together and at one time.
I. Without. Sine animo remanendi, revertendi: without intention of remaining, returning. Sine assensu capituli: an old writ for an ecclesiastical corporation to recover lands alien
v. Bill, III. 7. Single Bond: a bond without a condition.
/. Singly; in the singular.
In Scotch practice, a stay of proceedings.
/. Position, location, site; as for jurisdiction.
sive pars, habet regressum emptor in venditorem, I. The purchaser who has been evicted in whole or in part has an action against the vendor.
Clerks on the equity side of Chancery, who received and filed all bills, answers, replications, etc.
- Slanderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Defamation by words spoken, v. Colloquium, Privileged commtnication, Libel.
- Socagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
Socagium, I. Tenure by certain service, not military. Free and common socage: the general, and in modem times almost universal, tenure of English land; by free services, not milita