Black's Law Dictionary - Definitions
This blog is mostly for my personal use, and is something I'll continue to update as I make notes on legal definitions. Feel free to use it or comment for whatever reason you like. (Within forum rules ;) ) All definitions come from Black's Law Dictionary unless otherwise noted.
Links on words will lead to isitlegalto.com definitions for comparative reference.
[URL="http://www.isitlegalto.com/legaldictionaryc.php"]Clause[/URL] - A Single paragraph or subdivision of a legal document, such as a contract, deed, wil, constitution, or statute. Sometimes a sentence or part of a sentence. Appeal of Miles, 68 Conn. 237, 36 Atl. 39, 36 L. R.. A . 176; Eschbach v. Collins, 61 Md. 499. 48 Am. Rep. 123.
[URL="http://www.isitlegalto.com/legaldictionaryc.php"]Communism[/URL] - A name givenn to proposed systems of life or social organization based upon the fundamental principle of the non-existence or private property and of a community of goods in a society. An equality of distribution of the physical means of life and enjoyment as a transition to a still higher standard of justice thatt all should work according to their capacity and receive according to their wants. 1 Mill, Pol. Ec. 248.
[URL="http://www.isitlegalto.com/legaldictionaryc.php"]Competent[/URL] - Duly qualified; answering all requirements; adequnte; suitable; sufficient: capable; legally fit Levee Dist. v. Jamison, 176 Mo. 557, 75 S. W. 679.
[URL="http://www.isitlegalto.com/legaldictionaryc.php"]Construe[/URL] - To put together; to arrange or marshal the words of an instrument. To ascertain the meaning of language by a process of arrangement and inference.
[URL="http://www.isitlegalto.com/legaldictionaryd.php"]Disparage[/URL] - To connect unequally; to match unsuitably.
[URL="http://www.isitlegalto.com/legaldictionarye.php"]Enumerated[/URL] - This term Is often used in law as equivalent to "mentioned specifically," "designated." or "expressly named or granted ;" as in speaking of "enumerated" governmental powers, items of property, or articles in a tariff schedule. See Bloomer v. Todd, 3 Wash. T. 599, 19 Pac. 135, 1 L. R. A. 111; Wolff v. U. S., 71 Fed. 291, 18 C. C. A. 41; San Francisco v. Pennie. 93 Cal. 465, 29 Pac. 66; Cutting v. Cutting, 20 Hun, 365.
[URL="http://www.isitlegalto.com/legaldictionaryi.php"]Infringement[/URL] - A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract, or right. Used especially of invasions of the rights secured by patents, copyrights, and trademarks. Goodyear Shoe Machinery Co. v. Jackson, 112 Fed. 146, 50 C. C . A. 159, 55 L. R. A. 692; Thompson-Houston Electric Co. v. Ohio Brass Co., 80 Fed. 721, 26 C. C. A. 107.
[URL="http://www.isitlegalto.com/legaldictionaryi.php"]Intent[/URL] - 1. In criminal law and the law of evidence. Purpose; formulated design; a resolve to do or forbear a particular act; aim; determination. In its literal sense, the stretching of the mind or will towards a particular object.
2. Meaning; purpose; signification; intendment;
applied to words or language.
[URL="http://www.isitlegalto.com/legaldictionaryl.php"]Laches[/URL] - Negligence, consisting in the omission of something which a party might do, and might reasonably be expected to do, towards the vindication or enforcement of his rights. The word is generally the synonym of "remissness," "dilutorlness," "unreasonable or unexcused delay," the opposite of "vigilance," and means a want at activity and diligence in making a claim or moving for the enforcement at a right (particularly in equity) which will afford ground for presuming against it, or for refusing relief, where that is discretionary with the court. See Ring v. Lawless. 190 Ill. 520, 60 N, E. 881; Wissler v. Craig. SO Va. 30; Morse v. Seibold, 147 Ill. 318, 35 N. E. 369; Babb v. Sullivan, 43 S. C. 436, 21 S. E. 277; Graff v. Portland, etc., Co., 12 Colo. App. 106, 54 Pac. 854; Coosaw Mln. Co. v. Carolina Min. Co. (C. C.) 75 Fed. 868; Parker v, Bethel Hotel Co., 96 Tenn. 252, 34 S. W. 209, 31 L.. R. A. 706; Chase v. Chase, 20 R. I. 202. 37 Atl. 804; Hellams v. Prior, 64 S. C. 296. 42 S. E. 106; First Nat. Bank v. Nelson, 106 Ala. 535. 18 South. 154; Cole v. Ballard, 78 Va. 147; Selbag v. Abitbol, 4 Maule & S. 462.
[URL="http://www.isitlegalto.com/legaldictionaryl.php"]Lien[/URL] - A qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt or charge or for performance of some act.
In every case in which property, either real or personal. Is charged with the payment of a debt or duty, every such charge may be denominated a lien on the property. Whitak. Liens, p. 1. A lien is a charge imposed upon specific property, by which it Is made security for the performance of an act. Code Civil Proc. Cal. § 1180.
[URL="http://www.isitlegalto.com/legaldictionarym.php"]Minor[/URL] - An infant or person who is under the age of legal competence. A term derived from the civil law, which described a person under a certain age as less than so
many years. Minor viginti quinque annis, one less than twenty-five years of age. lnst. I, 14, 2. Also, less; of less consideration; lower; a person of inferior condition. Fleta, 2, 47, 13, 15; Calvin.
[URL="http://www.isitlegalto.com/legaldictionaryn.php"]Notwithstanding[/URL] (Definition from [URL="http://sixthformlaw.info/03_dictionary/dict_no.htm"]sixthformlaw.info[/URL]) - [FONT=Verdana][SIZE=2]In spite of, even if, without regard to or impediment by other things. [/SIZE][/FONT][FONT=Verdana][SIZE=2]If a sentence containing 'notwithstanding' does not seem to make sense try changing the word "notwithstanding" to "even though", see if that helps.[/SIZE][/FONT]
[URL="http://www.isitlegalto.com/legaldictionaryp.php"]Pursue[/URL] - To follow a matter judicially. as a complaining party. To pursue a warrant or authority, in the old books, is to execute it or carry it out. Co. Litt. 52a.
[URL="http://www.isitlegalto.com/legaldictionaryr.php"]Repugnancy[/URL] - An inconsistency, opposition, or contrariety between two or more clauses or the same deed or contract, or between two or more material allegations of the same pleading. See Lehman v. U. S., 127 Fed. 45, 61 C. C. A. 577; Swan v. U. S. 8 Wyo. 151, 9 Pac. 931.
[URL="http://www.isitlegalto.com/legaldictionaryr.php"]Repugnant[/URL] - That which Is contrary to what is stated before, or insensible. A repugnant condition Is void.
[URL="http://www.isitlegalto.com/legaldictionarys.php"]Sedition[/URL] - An insurrectionary movement tending towards treason, but wanting an overt act; attempts made by meetings or speeches, or by publications, to disturb the tranquility of the state.
[URL="http://www.isitlegalto.com/legaldictionarys.php"]Socialism[/URL] - A scheme of government aiming at absolute equality in the distribution of the physical means of life and enjoyment. It is on the continent employed in a larger sense; not necessarily implying communism, or the entire abolition of private property, but applied to any system which requires that the land and the instruments of production should be the property, not of individuals, but of communities or associations or of the government. 1 Mill, Pol. Econ. 248.
[URL="http://www.isitlegalto.com/legaldictionarys.php"]Supremacy[/URL] - The state of being supreme, or in the highest station of power; paramount authority; sovereignty; sovereign power.
[URL="http://www.isitlegalto.com/legaldictionaryu.php"]Usurpation[/URL] (Definition from [URL="http://www.isitlegalto.com/legaldictionaryu.php"]isitlegalto.com[/URL]) - torts. The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man in his right and possession. Toml. Law Dict. h. t. 2. According to Lord Coke, there are two kinds of usurpation. 1. When a stranger, without right, presents to a church, and his clerk is admitted; and, 2. When a subject uses a franchise of the king without lawful authority. Co. Litt. 277 b.
[URL="http://www.isitlegalto.com/legaldictionaryv.php"]Void[/URL] - Null; ineffectual; nugatory; having no legal force or binding effect; unable, in law, to support the purpose tor which it was intended.
[URL="http://www.isitlegalto.com/legaldictionaryw.php"]Willful[/URL] - Proceeding from a conscious motion of the will; intending the result which actually comes to pass; designed; intentional; malicious.
“Doctrine of laches,” is based upon maxim that equity aids the vigilant and not those who slumber on their rights.
“neglect or omission to do what one should do as warrants presumption that one has abandoned right or claim”, Eldridge v. Idaho State Penitentiary, 54 Idaho 213, 30 P.2d 781, 784.
“A failure to do something which should be done or to claim or enforce a right at a proper time”, Hutchinson v. Kenney, C.C.A.N.C., 27 F.2d 254, 256.
A group of reporters that go through and keep track of all court cases that have come before the courts, especially the Supreme Court and they clarify, before the court, all the cases. All cases which have cited Marbury v. Madison case, to the Supreme Court has not ever been over turned. See Shephard’s Citation of Marbury v. Madison.