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LAW DIGTION1\RY
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PRONUNCIATIONS
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JAMES s: BALLENTINE
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Professor of Law in t,he University of California

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1948 EDITION

THE LAWYERS CO-OPERATIVE PUBLiSHING COMPANY

ROCHESTER. N. Y.

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CQpyright 1930
TO
, by

THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY

ROSCOE POUND
Dean of the Harvard Law School,
CQpyright 1948
THIS WORK, WITH HIS PERMISSION, IS
by
THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY RESPECTFULLY DEDICATED.
HOUSE [598] HUEBRA
HUIS [599] HURT
place. See note to People v. Bond, 1 A.L.R. used for entertainments of a secular char- (U. S.) 410, 415, note, 9 L. ed. (U. S.) I habitants of a particular hundred, instead
1403. acter will not deprive it of Its character as 1137, 1150, note.
a house of public worship.' See St. Paul's of a manor. The free suitors were the
house of commons (kom'onz). The lower Church v. City of Concord, 75 N. H. 420, huis (wee). Same as huy. judges and the steward was the registrar.
house of the English parliament. 27 L.R.A.(N.S.) 910, 912, 75 Atl. Rep. 53!. It was not a court of record although it
See clerk of, huisher (wee'shay). Same as huissier. resembled one in all points, except that its
A schoolhouse does not become a house
house of correction (ko-rek'shon). An in- of religious worship merely because the huissier (wee'she-ay). (French.) A court jurisdiction was territorially larger. Its
Bible is read to the classes without note or usher; a process server. institution was probably coeval with that
stitution for the reception and care of of the hundreds themselves. See 3 Bl.
orphans, indigent, wayward, incorrigible or comment thereon by the teachers. See hullus (hul'lus). A hilI.
Hackett v, Brooksville School District, 120 Comm.34. .
vicious youths, children whose parents are
incapable or unworthy, and unfortunate or Ky. 608, 69 L.R.A. 592, 599, 87 S. W. Rep. humagium (hu-ma'jl-um) . A humid or hundredfeh. Same as hundred-penny.
abandoned women, where they may be 792. moist place.
taught habits of industry, morality and hundred gemote (hun'dred ge-mot). An as-
house of refuge (ref'Q.j). A reform school human being. See monster. sembly of the freeholders of a hundred.
religion, and be freed from the corrupting
influence of improper' associates. 26 Am for juvenile delinquents; not a prison or human body. See body.
place of punishment, but a school where its hundred lagh. The law of the hundred; lia-
Jur 607. humane (hu-man'). Lexicographers define, bility of members of a hundred to attend
See bridewell; house of refuge; indus- inmates may be trained in industry, mor-
ality and religion, taught a means of hon-. illustrate and explain the word as follows: the hundred court.
trial school ; reformatory; reform school. Having the feelings and inclinations hundredors (hun'drgd-orz). Those members
est livelihood and separated from evil in-
house of entertainment (of en-ter-tan'mgnt). fluences and corrupting associates. See proper to man; having tenderness, com- of a hundred who were liable to jury serv-
A tavern; an inn. See Bonner v. Welborn, 55 Am. Rep. 456, note. passion, and having a disposition to treat ice.
7 Ga. 296, 304. other human beings and the lower animals
house of religio.us worship, See house of with kindness; kind; benevolent. (Cen- hundred-penny (hun'drgd-pen"i). A tax
house of ill fame (of il fam). A disorderly public worship, tury.) levied on a hundred and collected by the
house; a bawdyhouse. To constitute the Having the feelings and inclinations sheriff or by the lord of the hundred.
place a house of ill fame, it must be re- house of representatives {rep-re-zenta-
tivs). The lower house of the Congress creditable to man; 'having, showing, or evi-
sorted to more than once for the purpose
of the United States. dencing a disposition to treat other human hung jury (hung' jo"ri). A petit or trial
of prostitution and lewdness by others than beings or animals with kindness or com- jury the members of which have failed to
the proprietor, though it need not be used house of usual abode (hous of u'zhi;i-!!l passion; kind; benevolent. (Webster's agree upon a verdict.
habitually or for any considerable length a-bod'). A man's customary or settled New International.) hunting. See closed season.
of time for such purpose. It has been held place of residence. In the case of a mar" Humane differs from the ordinary use of
that any number of illicit acts with the ried man it is prima facie the house where- "merciful," in that it expresses active en- hunting license (hun'ting !i'sens). A li-
proprietor will not make the place a house in his wife and family reside. See Berry- deavors to find and relieve suffering, and cense required in most, if not all of the
of ill fame. 17 Am Jur 105. hill v. Sepp, 106 Minn. 458, 21 L.R.A.(N.S.) especially to prevent it, while "merciful" states, under statutes which usually pre-
A covered wagon traveling from place to 344, 346, 119 N. W. Rep. 404. expresses the disposition to spare one the scribe the fee to be paid therefor and
place, in which prostitution is carried on,
hovel (hov'el). A hut; a shed. suffering which might be inflicted. (Cen- make the procuring of such a license a
may constitute a house of ill fame, within tury.) prerequisite to hunting wild game in the
the meaning of the statute. See State v. how (how). A hill. See Willett v. Willett, 197 Ky. 663, 31 state. See 24 Am Jur 389.
Chauvet, 111 Iowa, 687, 51 L.R.A. 630, 83 A.L.R. 426, 428, 247 S. W. Rep. 739.
N: W. Rep: 717. ho.y (hoi). A small sailboat usually em- hurdle (her'dl). A sledge on which a per-
ployed in and about a harbor for lightering See merciful. son convicted of high treason was dragged
house of legislature (Iej'is-li;i-tiir). A house larger craft. human laws (Ias}. Laws which have man or drawn to the gallows. See 4 Bl. Comm,
of the legislature may mean either the hoyman (hol'man), A man in charge of a for their author, as distinguished from di- 92.
whole number of members elected to that hoy. vine laws, which have God for their author. hurricane (hur't-kan) , The words "hur-
house, or it may mean a majority of its See Borden v. State, 11 Ark, 519, 54 Am.
members. The most common meaning of H. R. H. An abbreviation of his or her Dec. 217, 220. ricane" and "tornado" are synonymous
the word house, however, in this connec- royal highness. and mean a violent storm, distinguished
tion is a number of members sufficient humbug (hum'bug). An impostor; a de- by the vehemence of the wind and its sud-
to constitute a quorum to do business. See huckster (huk'ster) .. A petty dealer; a re- ceiver; a cheat. The charge of being a den changes. It is not ..to be ,confused
State v. McBride, 4 Mo. 303, 29 Am. Dec. tailer of small articles of provisions, nuts, humbug has been held actionable, wheth- with the word "cyclone," which imports a
636, 639. .and the like. Webster tells us that the er oral or written, particularly when ac- widely extended, rotatory storm. See
word seems to be from hocken, to take on companied by expressions clearly implying Queen Insurance Co. v. Hudnut Co., 8 Ind.
house of lords (of lords). The upper house the back, and to signify primarily a ped- a charge of fraud. See 33 Am Jur 71. App. 22, 26, 35 N. E. Rep. 397.
of the English parliament; the supreme lar, one that carries goods on his back. See hunc modum. See in hunc modurn. Distinguished from "cyclone." See cy-
court of England which is composed" of Mays v. Cincinnati, 1 Ohio St. 268, 272. clone.
those members of the house of lords who See peddler. hundred (bun'dred), A superior division
have performed judicial functions. huckstering (huk'ster-ing). The business or made up of ten towns or tithings, which, in hurst (herst), A grove; a wooded place.
turn, were each composed of ten families hurt (hert). Construing an allegation that
house of keys. See keys. trade carried on by a huckster. of freeholders. In some of the more north- the plaintiff was hurt, bruised and wound-
house of prostitution, See cribs; disorderly hue and cry (hir find crt) , "The old com- ern counties these hundreds were called ed, the court held that the word "hurt"
ho.use; fornix, men-law process of pursuing with horn and "wapentakes." See 1 BI. Comm. 115.
was so general that it gave no information.
house of public worship (pub'lik wership}. with voice, all felons, and suc~, as have See bailiffs of hundreds; century; Chil- See Montgomery v. Lansing City Electric
Within the meaning of a statute exempt- dangerously wounded another. 4 Bl. tern hundreds; wapentakes. Railway Co. 103 Mich. 46, 29 L.R.A. 287,
ing such houses from taxation, a house of Comm. 293. . .' . hundredarius (hun-dre-da'r i-us ), Same 9.S 292, 61 N. W. Rep. 543. As used hi an ap-
public worship is any building which is See Statute of Hue and Cry, vocifer atio. hundredary. plication for life insurance, the words
primarily devoted to the worship of God huebra (oo-ay'biah). A land measure used "hurt" and "wound" mean an injury to the
hundredary (hun'dred-ari). The chief offi- body causing an impairment of health or
and to such incidental exercises and func- in Spanish-American grants as signifying cer of a hundred.
tions as are usually connected therewith. as much land as two oxen can plough up strength, or rendering the person more lia-
The fact that the building is frequently in a day. See Strother v. Lucas, 12 Peters hundred court (hurr'dred kart). A larger ble to contract disease or less able to re-
court-baron which was held for all the m" sist its effects. See Bancroft v. Home
Key to. pronunciation: a in fat; a in fate; ii in far; a in fall; it in ask; a in fare; i;i in
prelate; !! in errant; ~ in Persia. e in met; e in meet; e in her; ij in ablegate; g in
prudent. i in pin;. i in pine; j in charity. 0 in not; 0 in note; ij in move; 0 in 1101";
MONITION [830] MONTH MONTICOLIS [831] MORAL
monition (mo-nish'on). A process in ad- Monroe Doctrine (mun'ro d.ok'trin). A The word as used in statutes limiting mora (mo'r!'!). A delay; a pause; a hin-
miralty practice in the nature of a sum- principle now firmly established m the the time for appeal to a certain number drance. ",
mons to appear and answer in a suit in government of the United States assertmg of months; calendar months and not lunar See ex mora; in mora.
personam. See 1 Am Jur 592' 48 Am Jur its right to resist any European interfer- months are usually intended. Se~ 3 Am
411. . , ence with the affairs of the governments Jur 144. m'Qra debitoris. See ex mora debitoris.
See summons. of the American republics.' The doctrine See business month; calendar month; moral vcertatnty - (mor'al ser'tan-ti), ,The
_ ,_. took its name from President Monroe, but fence-month; intercalary' month; lunar phrase is one the use of which is not likely
m0!l0crac~ (mo-nok rl).-sI). A government he was not the originator of it. month; sidereal month; solar month; ten- to assist a jury in charging upon the
WIth a smgle ruler. .'. .
,_ monster (mon'ster}. A human-being by ant from month to month; tropical month. question of. reasonable doubt. It is an
monocrat (mon Q-krat). The ruler of a birth, but in some part resembling a lower monticolis Walliae. See de monticolis Wal- artificial form of words having no precise
monocracy. animal. "A monster . . . hath no in- liae. and definite meaning. As explained in the
See ~onocracy. heritable blood, and cannot be heir to arty Century Dictionary, it signifies "a prob-
monogamy (mo-nog''a-mi). The state or land, albeit it be.brought forth iI?-marrlage; monument (mon'u-ment), Thei~,word in ability, sufficiently strong to justify action
condition of a person who has but one but, although It. hath deformity I~ any common usage, when it relates' to a upon it."> In Webster's International Dic-
spouse at a time. ' part of its body, yet if .it hath human memorial .for the .dead, means a shaft, tionary the fi:.;st"definition given is: "A
monomachy (mo-nom'a-ki) , Single com- shape, it may be heir." 2 Bl. Comm, 246. column, or some structure more imposing very high degree of probability, although
than a mere gravestone. The word does not demonstrable as a certainty.", It has
bat· a combat between' two persons; a duel. monstrans de droit .(mon'stranz duh drwo), not, however, include a memorial building. also been Used as indicating a conclusion
, .' _ _"" . f A showing or setting forth of the 'right. See Fancher V. Fancher, 156 CaL 13, 23 of the mind established beyond a reason-
monom~ma (mon-o-ma ni-a). ~ disease 0 Under an information for an intrusion
the !l'md. amo,untmg t? insanity on some which was a method of redress at common L.R.A.(N.S.) 944, 945, 103 Pac. Rep. 206. able doubt. 'See, State v, Gallivan, 75
particular subject, leavmg the. mind appar- law for a trespass committed on the lands See monuments;' mural monuments; Conn. 326, 96 Am. St. Rep. 203, 53 Atl.
eptl:y sa~e. on .all other .subJects. A be- of the, commonwealth, if the crown took suitable monument.' , Rep. ' 731. "" ,
Iief m spir itualism sometimes assu:nes the possession under an inquest of'.office found, Monumenta quae"Ji6s reeorda voeamus sunt See proof to a moral certainty.
proportions of monomarua and IS then it was required that the inquisition should veritatis' et vetustati,l1 vestigia (me-nu- moral character, See bad moral character;
treated as such. See 28 Am Jur ?58. be returned to a court of record.vwhere it men'ta kwe nos re-kor'da vo-ka'mus sunt good moral character.
Se.e kleptomania ; mad pomt, mono- might be contested by traverse, or "rnon- ve-ri-ta'tis et ve-tus-ta'tis ves-ti'[i-a),
mamac; paranoia. strans de droit," or by a petition of right, Those monuments which. we call records moral compulsion. See compulsion,
monomaniac (mon-d-ma/rri-ak ) . A person according to the nature of .the case. By are the marks of truth and antiquity. moral MnsideratlQn (kon-sld-~-ra'shon). A
who is insane on some particular subject, the traverse, the traverser denied the facts
and is apparently same upon ail others. found by the inquisition; by the "mon- monuments (rnon'u-ments). Artificial ob- consideration' whicli is ',gqod 'only 'In con-
jects or marks,' such as marked lines, science. The idea that in every case 'where
28 Am Jur 658.
, See monomania.
strans," he relied on those facts them-
selves, as showing. his own title; and by stakes, roads, or fences, marked or placed a person )S under a moral 'obligation to' do
. .. . the petition of right, he disclosed new facts on the ground by the hand of man to fix an act, as to' relieve rone . in distress' by
Monopoha dicitur, cu!" unus SQI!!s ahq!lod not disclosed by the office. See Common- personal exertions, 'or to spend money, a
or" establish a boundary. See 8 Am J ur promise to that effect would bibd him in
genus merc~t!lrae umversum emrt, pre~!,I!m wealth v. Hite 6 Leigh (Va.) 588 29 Am. 783,
ad suum Iibitum statuens (mo-no-po li-a Dec 226' , law, is not supported by principle or prec-
di'si-ter, kum u'nus so'lus a'Ii-quod je'nus ,. '. . .' moonshine (mon'shfn). Whiskey which cedent. It is a just rule of morality, sane-
mer-ka-tfire ii-ni-ver'sum e'mit, pre'she- monstrans de faits (mon'stranz duh fa). A has 'been illicitly distilled .or produced; tioned by the highest authority that a
urn ad su'um Ii'bi-tum sta'tu-enz). A showing of deeds; a profit of deeds. whiskey unlaw:('ully and illegally manufac- man" should do towards .others what he
monopoly is said to exist when one person . See profect, tured. See State v: Charette, - Mont. -, might reasonably expect from them under
alone .buys t»e whole ,?f some. sort of mer- monstraverunt (mon-stra-ve'runt), See 242 Pac, ReP. 343. like circumstances. ,.But a' promise to fulfil
chandise, fixing the prrce to hIS own fancy. writ of monstraverunt. See hootch. the, moral obligation created by this rule
monopolium (mo-no-po'Ii-um ), Same as,. ' , .. ( .. '-') A d b I would not be enforcedi in any'court of
monopoly montes pietatis (mon'tez pi-e-ta/tis ), Rocks moorage mor N.: sum u.e, y ~w or justice Municipal ilaws will not decide
usage for moormg, or fastemng ships to what honor and gratitude ouzht t .: d
. . of benefaction,-pawn-sho,ps. They were trees or posts at the shore, or to a wharf. I ",. b. I f h f""'f 0 I~ uce.
monQP!,ly (mo-nop'o-li) .. 1'.'- ItS broadest probably 'so called because they were, as See The Wharf Case, 3 Bland (Md.) 361, t must e e t to t e orum 0 conscience.
meaning, the word sig nifies the sole they still are in many cases operated to 373 See Cook v. Bradley, 7 Conn. 57, 18 Am,
power of dealing in an article, or doing a aid the poor. ' , . Dec. 79. .
specified thing, either generally or in a . moot case (mot )fas). A case which seeks See moral obligation,
particular place, Originally, it meant an .month (munth). In the courts, in business, to determine an abs~ra~t question, which ml)ral"eviction (e-vik'shon), The conduct of
allowance by the king to a particular per" in ecclesiastical matters, and in common
son or persons of the sole buying, selling, parlance, the generally 'accepted meaning
doe,~not ,rest ,~p~mexisting fact~ or rights. a landlord in rendering the premises unfit
A test case IS not ne~essar!ly a moot for the .0c~iIpation of the tenant, without
making, working, or using of anything, of the word is that of the calendar month, c~se, and where a ~as.e IS one of fact. or actually taking possession of any part of
whereby the subject in general is 're- unless a different meaning- is clearly made rIg»t, there IS ~o principle of ,law or Po~lCY the land, as by introducing women of ill
strained from the freedom of manufactur- to appear. See 52 Am Jur 336, which will deprive apar'ty of a .dete~mma- fame into' other parts of the house. See
ing or trading which he had before. The
modern meaning of the word is combina-
In bills and notes," when the word
"month" is used and there is nothing to
bon, simply because 1.IS motive In the Ca pbell v. Shields
assertion of such a right IS to secure 365 '
n Howard Pro (N Y)
. .
tion, organization, or entity so extensive, indicate a different meanirig.. it is con- such a determination. It is a matter of ., '
exclusive and unified that its tendency is strued as a calendar ,month. And in com- common practice. Indeed, most of the moral evidence (ev'i-dens}, Evidence not
to prevent competition in its comprehen- puting a calendar month, the days are not cases of trespass, to' try .title are of this only of that kind which is employed on
sive sense with the consequent power to counted, but reference is made to the sort. See Adams V. Union Railroad Com- subjects connected with moral 'conduct, but
control prices to the public harm. 36 Am calendar. For example, a note dated No- pany, 21 R. 1. 134, 44 L.R.A. 273, 42Atl. all the evidence which is not obtained
Jur 479. vember 11th, and payable "six' months Rep. 515. either 'from intuition, or from demonstra-
See corner ; engross; engrossing; fore- after date," matures on the 11th day of .. - . fion." In ,the ordinary affairs of life, we do
stallcr ;: forestalling the market; patent; May following. 8 Am Jur 29. moot CQUrt (mot kort), A, pr8:c~~ceco?rt not require demonstrative evidence, be-
rebate; regrating; running a corner; Sher- As used in 'Ieases, the word is construed where law.students conduct fiCtItIOUS .SUItS. cause it is not consistent with the nature
man Antitrust Act; state antitrust laws; to mean the calendar month, 'and not the See bolting. . ., ,. ofthesubjqct, and to insist upon it would
trust; unlawful combination. lunar month. 32 Am Jur 141. moot question (kwes'chon). A mooted or be nnreasonable and a,bsurd. See Green-
'Key to pronunciation : a in fat; a in fate; ii in far; it in fall; a in ask; a in fare; ~ in undecided point of law. ..leaf on EVIdence, section 1.
prelate; !'! in errant; if!in Persu~. e in met; e in meet; e in her; i:; in ablegate; !l in Q in abrogate; 'Q i;'valor. u in tub; ii in niute; ,1' in pull; i).in singular; n in nature. One
prudent. i in pin; "Yin pine; j In charity. 0 in not; 0 in noterB in move; 0 iri nor; dot below vowel in unaccented syllable means a shortening of the sound, as in prelate;
two dots mean that the syllable is to have the short u-sound of but, pun, as in eri'!!nt:

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