Imbecility
Imbecility. In Medical Jurispru Dence. A Form Of Insanity Consisting In Men Tal Deficiency, Either Congenital Or Resulting From An Obstacle To The Development Of The Faculties, Supervening In Infancy. 2. Generally, It Is Manifested Both In The Intel Lectual And Moral Faculties ; But Occasionally It Is Limited To ...
Impairing The Obligation Of
Impairing The Obligation Of Contracts. The Constitution Of The United States, Art. 1, 10, Cl. 1, Contains This Provision; Among Others : "n.: State Shall Pass .. .. Any Bill Of Attainder, Ex Post Facto Law, Or Law Impairing The Obligation Of Con Tracts." 2. This Article Of The Constitution ...
Imparlance
Imparlance '(from Fr. Parler, To Speak). In Pleading And Practice. Time Given By The Court To Either Party To Answer The Pleading Of His Opponent: As, Either To Plead, Reply, Rejoin, Etc. It Is Said To Be Nothing Else But The Conti Nuance Of The Cause Till A Further Day. ...
Impeachment
Impeachment. A Written Accusa Tion By The House Of Representatives Of The United States To The Senate Of The United States Against An Officer. 2. The Constitution Declares That The House Of Representatives Shall Have The Sole Power Of Impeachment, Art. 1, A. 2, El. 5, And That The Senate ...
Impedimento
Impedimento. In Spanish Law. A Prohibition To Contract Marriage, Esta Blished By Law Between Certain Persons. 2. The Disabilities Arising From This Cause Are Twofold, Viz. :— ./utpedimento Dirimente.—such Disabilities As Ren Der The Marriage Null, Although Contracted With The Usual Legal Solemnities. The Disabilities Arising From This Source Are ...
Improvement
Improvement. An Amelioration In The Condition Of Real Or Personal Property Effected By The Expenditure Of Labor Or Money For The Purpose Of Rendering It Useful For Other Purposes Than Those For Which It Was Origin Ally Used, Or More Useful For The Same Pur Poses. As Between The Rightful ...
Imputation Of Payment
Imputation Of Payment. In Civil Law. The Application Of A Payment Made By A Debtor To His Creditor. The Debtor May Apply His Payment As He Pleases, With The Exception That In Case Of A Debt Carrying Interest It Must Be First Applied To Discharging The Interest. The Creditor May ...
In Equity
In Equity. Parties May Be Omitted When The Number Is Great. 1 Smedes & M. 404. The Relief Granted In Such Cases Will Be So Modified As Not To Affect The Interests Of Others. 1 Pet. 299 ; 2 Paine, C. C. 536 ; 11 Ill. 254 ; 2 Johns. ...
In Mitiori Sensii
In Mitiori Sensii (lat. In A Milder Acceptation). A Phrase Denoting A Rule Of Construction Formerly Adopted In Slander Suits, The Object Of Which Was To Construe Phrases, If Possible, So That They Would Not Support An Action. Ingenuity Was Continually Exercised To De Vise Or Discover A Meaning Which ...
In Vadio
In Vadio (lat.). In Pledge ; In Gage. In Ventre $a Mere (l. F.). In His Mother's Womb. 2. In Law A Child Is, For All Beneficial Pur Poses, Considered As Born While In Ventre Sa Mere. 5 Term, 49; Coke, Litt. 36 ; 1 P. Will. Ch. 329 ; ...
Incumbrance
Incumbrance. Any Right To, Or In Terest In, Land Which May Subsist In Third Persons, To The Diminution Of The Value Of The Estate Of The Tenant, But Consistently With The Passing Of The Fee. 2 Greenleaf, Ev. 242. 2. A Public Highway, 2 Mass. 97 ; 3 N. H. ...
Indiana
Indiana. The Name Of One Of The New States Of The United States. 2. This State Was Admitted Into The Union By Virtue Of A Resolution Of Congress, Approved Dec. 11, 1816. The Boundaries Of The State Are Defined, And The State Has Concurrent Jurisdiction With The State Of Kentucky ...
Indictment
Indictment. In Criminal Prac Tice. A Written Accusation Against One Or More Persons Of A Crime Or Misdemeanor, Pre Sented To, And Preferred Upon Oath Or Affirma Tion By, A Grand Jury Legally Convoked. 4 Blackstone, Comm. 299 ; Coke, Litt. 126 ; 2 Hale, Pl. Cr. 152; Bacon, Abr.; ...
Indorsement
Indorsement. In Commercial Law. That Which Is Written On The Back Of An Instrument In Writing And Which Has Relation To It. Writing One's Name On The Back Of A Pro Missory Note Or Other Negotiable Instrument. 20 Vt. 499. 2. An Indorsement Is Generally Made Primarily For The Purpose ...
Inducement
Inducement. In Contracts. The Benefit Which The Obligor Is To Receive From A Contract Is The Inducement For Making It, In Criminal Law. The Motive. Confes Sions Are Sometimes Made By Criminals Under The Influence Of Promises Or Threats. When These Promises Or Threats Are Made By Per Sons In ...
Infamy
Infamy. That State Which Is Produced By The Conviction Of Crime And The Loss Of Honor, Which Renders The Infamous Person Incompetent As A Witness. 2. When A Man Is Convicted Of An Offence Which Is Inconsistent With The Common Princi Ples Of Honesty And Humanity, The Law Con Siders ...
Infant
Infant. One Under The Age Of Twenty One Years. Cola, Litt. 171. 2. But He Is Reputed To He Twenty-one Years Old, Or Of Full Age, The First Instant Of The Last Day Of The Twenty-first Year Next Before The Anniversary Of Hia Birth; Because, According To The Civil Computation ...
Infanticide
Infanticide. In Medical Jurispru Dence. The Murder Of A New-born Infant. It Is Thus Distinguishable From Abortion And Foeticide, Which Are Limited To The Destruction Of The Life Of The Foetus In Utero. 2. The Crime Of Infanticide Can Be Com Mitted•only After The Child Is Wholly Born. 5 Carr. ...
Infidel
Infidel. One Who Does Not Believe In The Existence Of A God Who Will Reward Or Punish In This World Or That Which Is To Come. Willes, 550. One Who Professes No Religion That Can Bind His Conscience To Speak The Truth. 1 Greenleaf, Ev. 368. This Term Has Been ...
Information
Information. In French Law. The Act Or Instrument Which Contains The Depositions Of Witnesses Against The Aceused. Pothier, Proc. Civ. Sect. 2, Art. 5. In Practice. A Complaint Or Accusation Exhibited Against A Person For Some Criminal Offence. 4 Blackstone, Comm. 308. It Differs In No Respect From An Indictment ...
Infra Pilesidia
Infra Pilesidia. Qure Ab Hoatibibe Capiuntur, Swim Copiendunt Field. Things Taken From Publie Enemies Immediately Be Come The Property Of The Captors. Inst. 2. 1. 17; Grotius De Jur. Bell. 1. 3, E. 6. 0 12. Qum Ab Initio Fait Ex Poet Facto Convaleacere Non Potem. Au Institution Void Io ...
Ing
Ing. A Mode Of Deducing Evidence Of The Authenticity Of A Written Instrument, By Show Ing The Likeness Of The Handwriting To That Of Another Instrument Proved To Be That Of The Party Whom It Is Sought To Establish As The Author Of The Instrument In Question. 1 Greenleaf, Ev. ...
Inhabitant
Inhabitant (lat. In, In, Habeo, To Dwell). One Who Has His Domicil In A Place; One Who Has An Actual Fixed Residence In A Place. 2. A Mere Intention To Remove To A Place Will Not Make A Man An Inhabitant Of Such Place, Although, As A Sign Of Such ...
Injunction
Injunction. A Prohibitory Wait, Is Sued By The Authority Of, And Generally Under The Seal Of, A Court Of Equity, To Restrain One Or More Of The Defendants Or Parties, Or Quasi Parties, To A Suit Or Proceeding In .equity, From Doing, Or From Permitting His Servants Or Others Who ...
Injury
Injury (lat. In, Negative, Fn.', A Right). A Wrong Or Tort. Absolute Injuries Are Injuries To Those Rights Which A Person Possesses As Being A Member Of Society. Private Injuries Are Infringements Of The Private Or Civil Rights Belonging To Indivi Duals Considered As Individuals. Public Injuries Are Breaches And ...
Innkeeper
Innkeeper. The Keeper Of A Com Mon Inn For The Lodging And Entertainment Of Travellers And Passengers, Their Horses And Attendants, For A Reasonable Compensation. Bacon, Abr. Inns, Etc. ; Story, Bailm. 475. But One Who Entertains Strangers Occasion Ally, Although He May Receive Compensation For It, Is Not An ...
Innuendo
Innuendo Innuere, To Nod At, To Hint At; Meaning. The Word Was Used When Pleadings Were In Latin, And Has Been Translated By "meaning"). In Pleading. A Clause In A Declaration, Indictment, Or Other Pleading Containing An Averment Which Is Explanatory Of Some Pre Ceding Word Or Statement. It Derives ...
Insanity
Insanity. In Medical Jurispru Dence. The Prolonged Departure, Without Any Adequate Cause, From The States Of Feel Ing And Modes Of Thinking Usual To The Indi Vidual In Health. 2. Of Late Years This Word Has Been Need To De Signate All Mental Impairments And Deficiencies Formerly Embraced In The ...
Insolvency
Insolvency (lat. In, Privative, Solvo, To Free, To Pay). The State Of A Person Who Is Insolvent Or Unable From Any Cause To Pay His Debts, 2 Blackstone, Comm. 285, 471, Or Who Is Unable To Pay His Debts As They Fall Due In The Usual Course Of Trade Or ...
Institution
Institution (lat. Instiluere, To Form, To Establish). In Civil Law. The Appointment Of An Heir ; The Act By Which A Testator Nominates One Or More Persons To Succeed Him In All His Rights, Active And Passive. Halifax, Anal. 39 ; Pothier, Tr. Des Donations Testamen Taires, C. 2, S. ...
Insurable Interest
Insurable Interest. Such An Interest In A Subject Of Insurance As Will En Title The Person Possessing It To Obtain In Surance. 2. It Is Essential To The Contract Of Insu Rance, As Distinguished From A Wager, That The Assured Should Have A Legally Recognizable Interest In The Insured Subject, ...
Insurrection
Insurrection. A Rebellion Of Citi Zens Or Subjects Of A Country Against Its Gov Ernment. The Constitution Of The United States, Art. 1, S. 8, Gives Power To Congress "to Provide For Calling Forth The Militia To Execute The Laws Of The Union, Suppress Insurrections, And Repel Invasions." By The ...
Intention
Intention. A Design, Resolve, Or De Termination Of The Mind. 2. In Criminal Law. To Render An Act Criminal, A Wrongful Intent Must Exist, Hob. 134; Ambl. 307 ; Russ. & R. 196, 154; 1 Leach, Cr. Cas. 4th Ed. 280, 284; 2 Id. 1019; 7 Carr. & P, 428 ...
Inter Partes
Inter Partes (lat. Between The Parties). A Phrase Signifying An Agreement Professing In The Outset, And Before Any Stipu Lations Are Introduced, To Be Made Between Such And Such Persons : As, For Example, "this Indenture, Made The — Day Of —, 1848, Between A B Of The One Part, ...
Interdict
Interdict. In Civil Law. The Formula According To Which The Praetor Ordered Or Forbade Any Thing To Be Done Tu A Cause Cony Corning True Or Quasi Possession Until It Should Be Decided Definitely Who Had A Right To It. But In Modern Civil Law It Is An Extraordi Nary ...
Interdiction
Interdiction. In Civil Law. A Judicial Decree, By Which A Person Is De Prived Of The Exercise Of His Civil Rights. The Condition Of The Party Who Labors Under This Incapacity. 2. There Can Be No Voluntary Interdiction, As Has Been Erroneously Stated By Some Writers: The Status Of Every ...
Interest
Interest. On Debts. The Compensation Which Is Paid By The Borrower Of Money To The Lender For Its Use, And, Generally, By A Debtor To His Creditor In Recompense For His Detention Of The Debt. 2. Who Is Bound To Pay Interest. The Con Tractor Who Has Expressly Or Impliedly ...
International Law
International Law. The Sys Tem Of Rules Which Christian States Acknow Ledge To Be Obligatory Upon Them In Their Re Lations To Each Other And To Each Other's Sub Jects. It Is The Jus Inter Yentas, As Distin Guished From The Jus Gengium. 2. The Scientific Basis Of These Rules ...
Interpretation
Interpretation. The Discovery And Representation Of The True Meaning Of Any Signs Used To Convey Ideas. Lieber, Leg. And Pol. Hermeneutics. The "true Meaning" Of Any Signs Is That Meaning Which Those Who Used Them Were Desirous Of Ex Pressing. A Person Adopting Or Sanctioning Them "uses" Them As Well ...
Invention
Invention. In Patent Law. 'tlei Act Or Operation Of Finding Out Soniething New ; The Contrivance Of That Which Did Not Before Exist. The Word Is Also Used To De Note The Thing Itself Which Has Been So Con Trived And Which Is The Subject-matter Of A Patent. An Invention ...
Involuntary
Involuntary. An Involuntary Act Is That Which Is Performed With Constraint (q.v.), Or With Repugnance, Or Without The Will To Do It. An Action Is Involuntary, Then, Which Is Performed Under Duress. Wolffius, Inst. 5. Iowa (an Indian Word, Denoting "the Place, Or Final Resting-place"). The Name Of One Of ...
Is Justinian Code
Is. Justinian Code. A Collection Of Im Perial Ordinances Compiled By Order Of The Emperor Justinian. All The Judicial Wisdom Of The Roman Civilization Which Is Of Importance To The American Lawyer Is Em Bodied In The Compilations To Which Justinian Gave His Name, And From Which That Name Has ...
Issue
Issue. In Real Law. Descendants, All Persons Who Have Descended From A Com Mon Ancestor. 3 Ves. Ch. 257; 17 Id. 481; 19 Id. 547 ; 1 Roper, Leg. 90. In A Will It May Be Held To Have A More Restricted Meaning, To Carry Out The Testator's Intention. 7 ...
Ita Quod
Ita Quod (lat.). The Name Or Condi Tion In A Submission, Which Is Usually Intro Duced By These Words, "so As The Award Be Made Of And Upon The Premises," Which, From The First Words, Is Called The Ita Quod. When The Submission Is With An Ita Quod, The Arbitrator ...
Iviaritime Cause
Iviaritime Cause. A Cause Arising From A Maritime Contract, Whether Made At Sea Or On Land. 2. The Term Includes Such Causes As -relate To The Business, Commerce, Or Navigation Of The Sea : As Charter-parties, Bills Of Lading, And Other Contracts Of Affreightment ; Bet Tcmry And Respondentia Contracts ...
Iviaxim
Iviaxim. An Established Principle Or Proposition. A Principle Of Law Universally Admitted, As Being Just And Consonant With Reason. 2. Maxims In Law Are Somewhat Like Axioms In Geometry. 1 Blackstone, Comm. 68. They Are Principles And Authorities, And Part Of The General Customs Or Common Law Of The Land, ...
Jeopardy
Jeopardy. Peril ; Danger. The Term Is Used In This Sense In The Act Esta Blishing And Regulating The Post-office Department. The Words Of The Act Are, "or If. In Effecting Such Robbery Of The Mail The First Time, The Offender The 'person Having The Custody There Of, Or Put ...
Joinder Of Parties
Joinder Of Parties. At Law. In Actions Ex Contractu. Plaintiffs. In General, All Persons Who Nave A Just Cause Of Action May Sue, Unless Some Disability Be Shown. An Action On A Oontract, Of Whatever Description, Must Be Brought In The Name Of The Party In Whom The Legal Interest ...
Joint Executors
Joint Executors. Those Who Are Joined In The Execution Of A Will. 2. Joint Executors Are Considered In Law As But One Person Representing The Testator ; And, Therefore, The Acts Of Any One Of Them, Which Relate Either To The Delivery, Gift, Sale, Payment, Possession, Or Release Of The ...
Judex
Judex (lat.). /n Roman Law. One Who, Either In His Own Right Or By Appoint Ment Of The Magistrate For The Special Case, Judged Causes. Thus, The Pewter Formerly Called Judex. But, Generally, Prastoys And Magistrates Who Judge Of Their Own Right Are Distinguished From Judices, Who Are Private Persons, ...
Judge
Judge. A Public Officer Lawfully Ap Pointed To Decide Litigated Questions Accord Ing To Law. An Officer So Named In His Commission, And Who Presides In Some Court. In Its Most Extensive Sense The Term Includes All Officers Appointed To Decide Litigated Questions While Acting In That Capacity, Including Justices ...
Judgment
Judgment. In Practice. The Con Elusion Of Law Upon Facts Found, Or Admitted By The Parties, Or Upon Their Default In The Course Of The Suit. Tidd, Pract. 930. The Decision Or Sentence Of The Law, Given By A Court Of Justice -or Other Competent Tri Bunal, As The Result ...
Judicial Proceedings
Judicial Proceedings. Proceed Ings Relating To, Practised In, Or Proceeding J From, A Court Of Justice. 2. Conclusive Presumptions Are Made In Favor Of Judicial Proceedings. Thus, It Is An Undoubted Rule Of Pleading That Nothing Shall Be Intended To Be Out Of The Jurisdiction Of A Superior Court But ...
Jurat
Jurat. In Practice. That Part Of An Affidavit Where The Officer Certifies That The Same Was "sworn" ,before Him. The Jurat Is Usually In The Following Form. Viz.: "sworn And Subscribed Before Me, On The — Day Of —, 1842. J. P., Justice Of The Peace." In Some Cases It ...
Jurisdiction
Jurisdiction (latins, Law, Dicere, To Say). The Authority By Which Judicial Officers Take Cognizance Of And Decide Causes. Power To Hear And Determine A Cause. 3 Ohio, 494 ; 6 Pet. 591. It Includes Power To Enforce The Execution Of What Is Decreed. 9 Johns. N. Y. 239 ; 3 ...
Juror
Juror (lat. Juro, To Swear). A Man Who Is Sworn Or Affirmed To Serve On A Jury. Jury (lat. Jurata, Sworn). In Prac Tice. A Body Of Men Who Are Sworn To De Clare The Facts Of A Case As Are Delivered From The Evidence Placed Before Them. The Origin ...
Justice
Justice. The Constant And Perpetual Disposition To Render Every Man His Due. Jus Tinian, Inst. B. 1, Tit. 1 ; Coke, 2d Inst. 56. The Conformity Of Our Actions And Our Will To The Law. Toullier, Droit Civ. Fr. Tit. Prbl. N. 5. Commutative Justice Is That Virtue Whose Object ...
Justice Of The Peace
Justice Of The Peace. A Public Officer Invested With Judicial Powers For The Purpose Of Preventing Breaches Of The Peace And Bringing To Punishment Those Who Have Violated The Law. 2. These Officers, Under The Constitution Of The United States And Some Of The States, Are Appointed By The Executive; ...
Justifiable Homicide
Justifiable Homicide. That Which Is Committed With The Intention To Kill, Or To Do A Grievous Bodily Injury, Under Cir Cumstances Which The Law Holds Sufficient To Exculpate The Person Who Commits It. A Judge Who, In Pursuance Of His Duty, Pronounces Sentence Of Death, Is Not Guilty Of Homicide ...
Justification
Justification. In Pleading. The Allegation Of Matter Of Fact By The Defendant, Establishing His Legal Right To Do The Act Com Plained Of By The Plaintiff. Justification Admits The Doing Of The Act Charged As A Wrong, But Alleges A Right To Do It On The Part Of The Defendant, ...
Kentucky
Kentucky. (an Indian Word Signi Fying "the Dark And Bloody Ground.") The Name Of One Of The New States Of The United States Of America. 2.. The Territory Of Which This State Is Composed Was Formerly A Part Of The Territory Of Virginia. See Virginia. This Latter State, By An ...
Knowledge
Knowledge. Information As To A Fact. Many Acts Are Perfectly Innocent When The Party Performing Them Is Not Aware Of Cer Tain Circumstances Attending Them : Far Ex Ample, A Man May Pass A Counterfeit Note, And Be Guiltless, If He Did Not Know It Was So; He May Receive ...
Landlord And Tenant
Landlord And Tenant. A Term Used To Denote The Relation Which Subsists By Virtue Of A Contract, Express Or Implied, Between Two Or More Persons, For The Posses Sion Or Occupation Of Landa Or Tenements Either For A Definite Period, For Life, Or At Will. 2. When This Relation Is ...
Lands Land
Land, Lands. A Term Comprehend Ing Any Ground, Soil, Or Earth Whatsoever: As, Meadows, Pastures, Woods, Waters, Marshes, Furzes, And Heath. Arable Land. An Estate Of Frank Tenement At The Least. Sheppard, Touehst. 92. Land Has An Indefinite Extent Upward As Vvell As Downwards : Therefore, Land Legally Includes All ...
Language
Language. The Medium For The Com Munication Of Perceptions And Ideas. Spoken Language Is That -wherein Articulate Sounds Are Used. Written Language Is That Wherein Written Characters Are Used, And Especially The Sys Tem Of Characters Called Letters And Figures. 2. By Conventional Usage, Certain , Sounds And Characters Have ...
Larceny
Larceny. In Criminal Law. The Wrongful And Fraudulent Taking Arid Carry Ing Away By One Person Of The Mere Per Sonal Goods Of Another From Any Place, With A Felonious Intent To Convert Them To His The Taker's Use, And Make Them His Property Without The Consent Of The Owner. ...
Launch
Launch. The Movement By Which A Ship Or Boat Descends From The Shore Into The Water When She Is First Built, Or Afterwards. A Large, Long, Low, Flat-bottomed Boat. Mar. Diet. The Long-boat Of A Ship. R. Ii. Dana. A Small Vessel Employed To Carry The Cargo Of A Large ...
Law Merchant
Law Merchant. The General Bod3r Of Commercial Usages In Matters Relative To Commerce. Blackstone Calls It The Custom Of Merchants, And Ranks It Under The Head Of The Particular Customs Of England, Which Go To Make Up The Great Body Of The Common Law. 1 Blackstone, Comm. 75. Since, How ...