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    300 definitions

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    16 views18 pages

    300 Definitions

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    Anonymous EKGJIpGwPj
    300 definitions

    Copyright:

    © All Rights Reserved
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    300 Words to get an understanding of the LAWS and what form of Government we are under. 1. ACCESS: Opportunity to come and go from premises. An easement of way. whether arising {rom express or implied rant, express oF “implied resenation. The rich of a parson to adesignided lenelice which is fermporaily in abeyance. The opportunity af «husband for ses inforcourse with his wit ACTION AGAINST THE STATE: An action which, because ofthe immunity ofa state from suit under the 11th Amendment to the CConsitution of the United States nd established principles of jurisprudence, can be had only with the consent of the tae, 49 Am ist Slates §91 1 suit to sestain state fTcers from a hold any special flation. sa suit against the sate within she Railway Co, HS NC 495, $9 SE 570, 3. AGGRIEVED: Deprived of one's legal sights or having suffered an invasion of one's legal rights. Denied one's personal or property ight. Glass v People. 239 111332, 102. NE 763. 4. AGGRIEVED PARTY: One ho is injurious effected by the actor emission of another. Anno: 13 ALR 301. One whose personal infrests are or may be affected edversely. Anno: 74 ALR 1221 (review of refusal to abate a tx.) Ore. within the meaning of the statute governing appeals, who has an interest recognized by taw in the subject matter which is ny ‘or one whose propery rights ar personal interests are directly affected by the operation of the judgment or decree. 4 Am J2d A&E § 18, ARTICLE: Noun: A division ofa constitation, satus, contract. shares. oF of any oaher wriken oF printed statement of principles. Terms or conclitians. A nesterial or substance, ratral sfc or mannfactared in whale or in par. Junge ¥ Hadden, 146 US 253, 238, Si Ed 953, 956, 13 S Ct BB, The adjective 2" of "an," known as dhe Indefinite ariile: Verb: To bind by contract or agreement: to ‘enter into a writen contract containing several clauses or divisions, 6. ARTICLES OF THE PEACE: The cormplain in a proceeding to compel a person to give bond to keep the peace. 7. ATTEMPT: Aay overt set done withthe intent to commit aerime and which, but or the interference of some ease preventing the ‘carrying out of the intent. would have rested inthe commission ofthe erie. iteonsists of two important clements: fst an intent to commit the crime: and second, a dtect ineffectual et done towards is comission. 21 Am 120 Crim L § 110. No definite fine can be dean between an “attempt” end “preparations” to commit a crime: the question is one of deyree. United States ¥ Conlon, (CA2 NY) 185 F2d 629, 28 ALR2¢ 1041. S. ATTEMPT TO COMMIT BURGLARY: An act performed with the fatent to fiactuate a burglary. carried hevond mere preparation ut ling short oF dae actual commission of a urBlary. 13 Ant 32d Burg] $29. steps by means ofa judicial proceeding in execution of a State statute to which they do 204 casing ofthe prohibition ofthe [1th Amendment. Stare v Southern 9. BY DUE COURSE OF LAW: 1 and an available remedy ander the law forall injuries or weomgs. 16 Am J2d Const L§ 34 5 HIB NIL 582, 175.4 62,99 10, WRONG: Ti infringement of» tepal eight belonging to a definite specific person. Kamm y Pi ‘ALR 1. Jn common usage. an actin violation of amoral principle. 11, FORGIVENESS: Sce condanation: econeiliation 12. PARDON: Forgiveness. rfease. or remission, An act of rom the power entrased with the execution of ews, which xempes the sndividual On whom its besiowed from the punishment he law inflicts fora crime he has comemtted, 39 Am Sat Pard§ 4A declaration on record by the chiof magistrate of state or country that a person came is relieved from the lezal consequences of 2 paifc erm Biddle v Porovich, 774 US 480, 71 L Ed 1161 47 S C1 64, 52 ALR 832: Lime v Bla, 345 Mo 1.131 SW2d 585. ‘A complete release fro the control ofthe state imposed because ofthe offense. Re Anderson, 194 Or 49, 229 P24 633,230 P28 770, 29 ALR2A 1051. 1073. 13, PARDONING POWER: ‘The power to erant pardons: an exccutive power. as if usually exists, but a power within the eonteal oF the ‘people and to he conferred by them upon such oifleer or officers as they soe ft. 39.Am Ist Pard § 12, 1. CONDONABLE OFFENSE: A single actor seris of ats of micconduct constituting a ground for divorce which in theory may BE Totten: forgiven, era speiss of misondact wich cossiderate an ffetionte treatment might serve to obliterate. 24 Am24 Div & S§ 204 15, CONDONATION: The forgiveness either express or implied, by @ husband at his wile, orby a wife of her husband. ofa breach of ‘arial duly. with an implied condition tht the offense shal} aot be repeated. 24 Am J2d Dis dS § 204. I& OBLITERATION. 4 biosting out of letters, words, or figures on 2 wiiten instrument, The effasing ofa clause in a wil by eraser oF inking. $7 Am Jist Wills § 302. ‘The END may be accomplished by any erasure which shall be partial or Complete, tay be dane by drawing a pen dough the “Fonda, or by buruiag o taxing, and iti nat essential for abliteraion thatthe words be rendered llsible, nroviged it dane with Finent to earcol or revoke the instramant. Re Glasd Estate, 14 Calo App 377. 60 186. I, MALA INSE: Inheronty wicked. naturally evil. 35 adjudued by he sense ofa civilized community: Megat from he very nature ofthe ancaction, upon principles of aaaral. moral. and pUliclavs; immoral ints nature und injurious in ts consequence without regard ta the fat of ts berg noticed or punished by the law ofthe state. 21 Am J2d Crim L § 28. A wrong involving mora turpitude oF retin, Horabin Des Moines, 198 lors $49, 199 NW O88, 38 ALR S48, Offenses involving mor! wupiude. De Voll v Board fof Medical Examiners. 49 Ariz 329, 66 Pd 1026, See contracts mala ia se Page 1 of 18 BRD 31 34 35 36. CONTRACTS MALA IN SE: Contracts which are absolutely void bacause the act to he performed thereunder are immoral iniquitous. sad contrary to 2 sound public policy, us well asin violation of statute. 17 Am J2d Contr § 167 CONTRACTS MALA PROUIBITA: Coateaots which are nt absolutely soit in lf instances Because the aes to be performed thereunder ere prohibited by situs, but are void of voidable according fo the mature and effect ofthe act profited. [7 Am J2< Contr $167. Histo he notec, however, tht substantial authority supports the elimination af distinetion based upoa theories playing upon the terms alain se" and "mala prohibitn 17 Am 324 Contr § $67 MALICE IN LAW: Tae intentional peformance of an act harmful to another vito just oF lawl cause or excuse, Brown ‘Guaranty Estates Comp, 239 NC 595, 80 SE2d 645, 40 ALR2d 1094. The intent unlaeully to take human fife in eases wiere the fw acither mitigates norjusttis the killing. Maan State, 124 Gu 760, 53 SE 324, the wilful violation ofa known contrat right 30 Am J Rev ed later! § 27. A wicked or mischievous intention: a wanten inclination {o mischieF: an intention to da wrong or iny 10 ‘another: a depraved incinaton to disregard the rights of others. Morases ltem Co. 126 La 426, 32 So 563. As an inaredien? oF libel fr slandf:-a presumption of malie arising from the we of sersiin words, nb: nosessarlyineonsistent with an honest or even faudable purpose implying nether il will, personal ralics, hatred. aor 9 purpose to injure. 33 Am Js L.& S § 111 MALICIOUS: Actuated by malice. Wieked and perverse. Commonviealth « York, 50 Mass 93. Intentional in referonce to the ‘commission af a wrongful act by one person toward another, without legal justification or exeuse. 34 Am JT3t Mal § 2 MALICIOUSLY: With harmful motive and in wilfl distgard ofthe sights oF others. 51 Am Hist Mal § 2. For some purposes the ‘equivalent of wilfully and wnlasTuiy." Chapman v Commomteahh, (Pa) 3 Wharton 427: 27 Aim Sis Indit § 67. MALICIOUS MISCHIEE: The wilful and unfawful injury to or Cestructon ofthe property of another with the maicious intent to “injure the owner: a malicious physical injary to the rights of another, which inypais uty or materially diminishes value: a malicious tf mischievous physical injury ether tothe rights of anther orto those ofthe public in general. 34 Arm Jtst Mal Mis § 2. As used in fa insurance policy: silfil or malicious physical injury to or destruction of Ue insured property; a reckless disregard of the owner's Fights in dolinertcs injuring his property: General Aci. Fire Life Assur. Corp. v Azar. 105 Ga App 215, 119 SE2d 82. MALICIOUS PROSECUTION: A cctninal prosecution begun in malice. without probable cause to believe itean sucewa tne “Tnally nding in fllur. 34 Am Jit Mal Pzos § 2. An action for damages brought by one against whoo a criminal prosecution civit Suit or other legal proceeding has been iastiuted maliciously and without probable cause. aftr the termination of such prosecution, Suit or other proceeding in favor ofthe defendant therein, Shedd v Patterson, 302 ill 355, 134 NP, 705,26 ALR 1004: 34 Am Jist ‘Mal Pros § 2. An aetion fr the wrong of instituting civil ation without probable cause, especially where theres in such setion a Sciarsof property or ef the person ofthe defendant or oibor reumstances giving rise to special damages. 34 Am JIst Mal Pros $10. MALO ANIMO: With bod intent: with a wicked or evil hear. [MALO SENSU; [aa bad sense; with an evil or wicked meaning MALPRACTICE: Tac violation of a professional duty to act with reasonable car and in good faith without fraud or collaion, 2s in ihe case ofa public avcountant. 1 Am J2d Agcis§ 15. ora beautician. Ocean Acci & Guarantec Carp. v Herzbers!'s ine, (CA8 Neb) 100 F2d 171, By av attomey at law~the failure to exercise on behalf of his client the knowledge. sil and ability ordinarily posessced and exercixal oy members ofthe leva profession. whereby an aeualfoss i eaused the client. 7 Am 2d Attys $$ £67 et Ben By physicin oF sargere=the wrong. for whieh n phssiian or surgc isamswerablc to hist where i resis i nur w the alent, consisting inthe wane of hat reasonable degree of fea. skill and experience which only is possessed by. othes of fis profession, the omission to exereise reasonabie eare and diligence in the exertion of is skill end the applicaion of his knowlege rhs talure to exert his best julgent in dhe case entrusted to him. 41 Amst Phys & S §§ 79, 82. A couse of action predicated by aan eaie elation which exists betwcen physicfan and patient. lthongh supported by some eases on the theory of tnbility under contract impli by law. 3 Ara Uist Phys dc $79. PROBABILITY: Likelihood, but coupled with some uneontainty, of eeznrrence. Yo instruct the jury that they may act on probabilities reams simply that they may act on Tess than convincing evidence, o without that moral eorainiy required by law. People v O'Brien, THU Cal 1, 8, 62 P 297,299, See in all probability. IN ALL PROBABILITY: The highest degree of probaly; with weasonable cenainty. Coppinger » Broderick, 37 Ariz HO, 8E ALR 419. PROBABLE: Likely to oeeur, but involving an element oF unceriainyy. Green v Carawaba Power Co, ‘greater woigt of evidence in support thon against. State v Trout, 4 Jowa 545. 38 NW 405. PROBABLE CAUSE FOR STATEMENT OTHERWISE TORTIOUS AS DEFAMATORY: A :casonable ground of suspicion rported by eteaneianes suficientto warrant 9 eaatcus man fn beioving i he rath ofthe statement pleaded ashe bass oF a ‘auc of action for defamation, Coates ¥ Wallace. 4 Pa Super 253,287, DEFAMATION: Libel or slandce. The publication of anyhing which is lajuriaus to the good mane or reputation of anathee per. oF sarah tends o bring hity int disrepute. Hollenbeck v Hall, 103 fows 214. 72 NW SIS. Words whieh produce any peroepible injury Jbihe sputiion f another. false publication likely to bring another in disrepute. Most w Snr. 105 lowa SOD. $04, 75 NW 356, DEFAMATORY sncck v Hall, 403 towa 244, 72 NW SIR. A publication is veetemutors” whi it tends 49 injure ons replat inthe corsmanity and to expose him to hated, ridicule, and contempt, Muchnick «Post Pubising Co, 332 Mass 304, 123 NEDA 137. 51 ALR2¢ 547, DEFAMATORY ADVERTISING: Ao advertisement which is Ibelous or disparnging of a product, 3 AmJ2d Adverts §2 BENFFICE: A church living or preferment.[n feudal times. an state beld by the Church of Rome in feudal conor BILL IN EQUITY: the declaration or complaint of the plaimiff where the relief demanded is such ai grand by a cour: of eauity: & ion fr elehadesed to» cut of equity which states the cs on which he claim or relies bass. 27 Am 2d ig 1 Page 2 of 28 473,295 TSSC 102, $8 SHE 128, With a 3, 38. 39, 0, a 48, 4 46. ” 48, 49, 3h BILL OBLIGATORY: A bond without a condition: differing from promissory note in nothing but the seal which is affixed tt. Farmery & Mechanies Bank & Greiner (Pa)2 Serg 8 R 114, 115. Ofen called asingle bill. A writen acknowledgmtent of indebtedness in certain sum 1 be paid on a certain day, and having a sal affixed to &. Osborne & Co. v Hubbard. 20 Or 318. 1021. BILL OF ADVOCATION: (Scotch, A petition praying the Supreme Cou to trmsfer io itself a cause pending ina lower court BILL OF PEACE: A bil filed to procure repose from repeated Etigaion and one of the earliest instances in which chanecry gourts ‘oncriainod jurisdiction on the ground of praverting 2 muliplicity of suits. 1 Am J1st Pa § 81 BILL TO REMOVE CLOUD ON TITLE: Sce cloud oF BIND: To create a definite legal obigation upon one's sei or upen another. Such an obligation may be crested by contract, by stat by common faw, by a judgment or éecree, by the act of an agent, wife, child, ei. {BREACH OF PEACE: Such a violation ofthe public order as amounts 10a disturbance of the public tranguility, by ect or conde ther directly having this fee, or by inciting oF tending ts incite such a disturbance ofthe public tranquility. (2 Am J2d Breach P § P 4 CITIZEN: One who has eequited citizenship by birth, naturalization, or other lawful means; ina popular bat nonetheless appropria= Sesto team ane, oy bib, alin or ter means samen aan indepen olen ke. 3 An Bad Aliens CONSTITUTION: A system of fundamental laws or principles forthe government ofa nation, sate. society, corporation. or other aggregation of individuals. 16 Am 72d Const §1 Alihough a constitetion, inthe Broad sense ofthe form. mut be writen oe amrtten, in se United States the wont as appa ta tke ‘organization ofthe federal and state governments, always implies a writing. 16 Am J2d Const L§ 1 "A writin constitution isnot only the direc and basic expression ofthe sovereign will, but i the absolute rule of ation end decision fr all dspuntments and oftixs of goverment in rexpset to all maitre covered by i and must conteol as itis writen until it shall be changed by the authority that established it” Weight v Hat, 182 NY 330, 75 NE 408. ‘A constitution differs from a statue in uaa a statute must provide at leat te a certain deyree, the details ofthe subject ef treats, whereas a constitation usually states gencral principles and builds te substantial Toundation and acriralframexork ofthe kaw and government, 16 Am J2d Const L §3 CONSTITUTIONAL RIGHT: A Right guaranteed to a person by the Constitution ofthe Lnited States ora state constitution, and “so guaranteed as 10 prevent Iepislative inlerference with that right. 16 Am I2é Const L § 328, CORPORATE CITIZENSHIP: Citizenship atibuted te 2 corporation for some specific porpese. such a8 the ahinina of Tiguor license, 30 AmJ Rev ed Intox t § 126: ‘A corporation ofa state isa "eitizen of the United States.” sithin the meaning of the Act of Congress providing for the ajuication of Sates for ptoperty taken oF destioyed by fndians, United States v Northwestern Express. Stage & 4599178 C1206, ‘CORPORATION: An ARTIFICIAL being invisible, intangible, and exist jntemplation of Jaw: an association of persons to whom the soversign hes offered franchise to become an artificial juidieal person, with a name of is ow under which they can act and contract and suc and he sued. and who have either accepted the offer snd effected s corporation in substantial tnonnity with its terms (in which ease a corporation de jure has been constituted) or have done ats indicating a punpos: to accept Such offer and effected an organization designed 19 bs. bul fat ot. i substantial conformity with its ferms (in whieh ease corporation De dure De Facte iss hea cmsitutaly. 18 Am) 728 Corp $ 1. For some purposes 2s n'a vere statue, the fem "corporaicn® incades unineorporated a:sociations ora least special forms of them, such as jnt stock companies. 36 Am Stst Ven § 7. For the purposes othe Federal incor tex, the term “corporation” includes associations, joint-stock companies, and insurance Companies 33 Am J2d Fed Tax € 2005, As defined by the Bankruptcy Act the term “corporation” inciudss alt bodies having any of the powers an privileges of privake corporations nat possessed by fndividuals oc partnership and further includes partnership epdtlaons orsanized unde laws raking the capita subserbas afone response for the debts uf the association. joit stock ‘Companies, snineorperated companies and gssoelations. and ay business conducted by a iusie er teusines wherein Denetciat interest or ownership is evidenced by cortificate or other written instrument. Bankr Act § 1(8): 11 USC § 148}. Business trusts have Treaquently bean held to bo subject to statutory espulations af corporations ano provisions aired primeriy at corporations. Hemphill ‘Orloff, 277 US 537, 721 FA97R. 48 C1577, CLOUD ON TITLE: Anouisianding instrument. rocard, claim unreleased encumbrance, or defcetively exceuted deel i the chain of tide: which supertically renders the tle doub7a but s aewaily illegal or unsnforceabie for want of equity in enforecmnent and of “ict equite Will he cognizance tna sit for eaneelavion ofthe offending instrament or the quieting of the tke aginst dhe defer or nperfetion, 13 Am 224 Cune ins § 50: 44 Am J1st QuictT § za semblance of ttl, eltherfegal ar equtable, of claim of aright Glands, appearing in some Lal fore, but which is, i fet invalid, or which it would be inequitable to enforce, +4 Am 1st Quiet F su REMOVABLE CLOUD ON TITLE: A clovd on thet Quiet T $i CONFUSION OF RIGHTS AND OBLIGATIONS: A merget ofthe obligor andthe obligee in one persan: the concurrence oF «0 adverse righ tothe sare thing In one and the same person: the concurrence of th character ofthe sale defor andthe sole creditor inthe same person. thereby extinguishing the debt. Woods v Ridley. 30Tenn(¥1 Hureshy 195,198. OBLIGE: A promisoe, The person to whom an obligation has been incurred, The person to whoa a bond is made payable, The person entitled to forse a guaranty. 24 Am JIst Guat § 30. Page 3 of 18

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