Black’s Law Dictionary

Fifth Edition, 1979,

(unless otherwise noted as Black’s 4th)

By Henry Campbell Black, M.A.

West Publishing Co., St Paul Minn.

Black’s Law Dictionary 5^th Edtn, 1979, West Pub. Co., St Paul Minn.

Actus Reus: A wrongful deed , which renders the actor criminally liable when combined with mens rea, a guilty mind.

Agency: ... The consensual relation existing between two persons, by virtue of which one is subject to the other’s control. ... Agency is the fiduciary relation which results from the manifestation of consent (by one person to another) that the other shall act (on his behalf and) subject to his control, (and consent by the other so to act). Restatement, Second, Agency ss 1

Aggressor: One who first employ’s hostile force. Penn v. Henderson, 174 Or. 1. 146 P .2d 760 766. The party who first offers violence or offence. He who begins quarrel or dispute, either by threatening or striking another.

Allegiance: Obligation of fidelity and obedience to government in consideration for protection that government gives. U.S. v. Kuhn, D.C.N.Y. 49 F.Supp. 407,414

             LOCAL OR ACTUAL ALLEGIANCE, is the measure of obedience due from a subject of one government to another government, within whose territory he is temporarily resident. From this are expected foreign sovereigns and their representatives, naval and armed forces when permitted to remain in or to pass through the country or its waters.

             NATURAL ALLEGIANCE: In English law, that kind of allegiance which is due from all men born within the kings dominion immediately upon their birth, which is intrinsic and perpetual, and cannot be divested by any act of their own. In American law, the allegiance due from citizens of the United States to their native country, and also from naturalized citizens, and which cannot be renounced without the permission of government, to be declared by law.

Assembly: The concourse of meting together of a considerable nuber of persons at the same place. Also, the persons so gathered.

Political Assemblies are those required by the constitution and laws : for example the general assembly.

The lower or more numerous branch of the legislature in many of the states is also called the “Assembly” or house of Assembly”. See also “House of Representatives”.

Popular Assemblies are those where the people meet to deliberate upontheir rights; these are guranteed by the Constitution. See “Assembly, right of”.

Assembly, right of. Right guaranteed by First Amendment , US Constitution, allowing people to meet for any purpose connected with government; it encompasses meeting to protest governmental policies and actions, and the promotion of ideas. See Unlawful assembly.

Assembly, unlawful : The congregating of people which results in anti-social behavior of the group , e.g. blocking a sidewalk, obstructing traffic, littering streets; but, a law which makes such congregating a crime because people may be annoyed is violative of the right of free assembly. See Unlawful assembly.

Bill / Commercial Paper / Bill of Exchange : I three party instrument in which first party draws an order for the payment of a sum certain on a second party for payment to a third party at a definite future time. Same as “draft” under U.C.C. A check is a demand bill of exchange. ...

Body Politic of Corporate: A social compact by which the whole people covenants with each citizen, & each citizen with the whole people, that all shall be governed by certain laws for the common good. Uricich.v. Kolesar, 54 Ohio App. 309, 7 N.E.2d 413, 414. Also a term applied to a municipal corporation, school district, county or city. State or nation or public associations . ...

             (Black’s 4^th has case-law citations: Bazzoli v. Larson, 40 Ohio App. 321, 178 N.E. N.E. 331, 332; Lindburg v. Bennett, 177 Neb. 66, 219 N.W. 851, 855.)

Bones gents: In old English law, good men (of the jury).

Boni homines: In old European law, good men; a name given in early European jurisprudence to the tenants of the lord, who judged each other in the lord’s courts. 3 Bl.Comm 349.

Breach of the Peace. A violation or disturbance of the public tranquility and order. State v. Boles, 5 Conn. Cir. 22, 240 A.2d 920, 927. The offence of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. Breach of the peace is a generic term, and includes all violations of public peace or order and acts tending to the disturbance there-of. State v. Poinsett, 250 S.C. 293, 157 S.E.2d 570, 571, 572.

Body Politic of Corporate: A social compact by which the whole people covenants with each citizen, & each citizen with the whole people, that all shall be governed by certain laws for the common good, Uricich.v. Kolesar, 54 Ohio App. 309, 7 N.E.2d 413, 414. A term applied to a corporation. County. Bazzoli v. Larson, 40 Ohio App. 321, 178 N.E. N.E. 331, 332; Lindburg v. Bennett, 177 Neb. 66, 219 N.W. 851, 855. Municipality. ... School District ... State or nation or public associations ... (Black’s 4^th)

Certificate: A written assurance * * * that some act has or has not been done, or some event occurred, or some legal formality has been complied with. A document certifying that one

has fulfilled the requirements of and may practice in a field.

Citizen: One who, under the Constitution & Laws of ... a particular state, is a member of the political community ...” ...

             “Citizens” are members of a political community who, in their associated capacity, have established or submitted themselves to the dominion of a government for the promotion of their general welfare & the protection of their individual as well as their collective rights. Herriott v. City of Seattle, 81 Wash.2d 48, 500 P.2d 101, 109 . "

Civil Action: Action brought to enforce, redress, or protect private rights. In general, all types of actions other than criminal proceedings. N.C. 710, 104 S.E.2d 861, 863.

          The term includes all actions, both those formerly known as equitable actions & those known as legal actions, or, in other phraseology, both suits in equity & actions at law. ...

Civil Law: That body of law which every particular nation, commonwealth, or city has established peculiarly for itself; more properly called “municipal” law, to distinguish it from the “law of nature”, & from international law. Laws concerned with civil or private rights & remedies, as contrasted with criminal laws.

             The system of jurisprudence held and administered in the Roman empire, particularly as set forth in the compilation of Justinian, & his successors, - compromising the Institutes, Code, Digest, & Novels, & collectively denominated the “Corpus Juris Civilus”, - as distinguished from the common law of England & the canon law. ...

Civil Liberties: Personal natural rights guaranteed and protected by Constitution; eg freedom of speech, press, freedom from discrimination, etc. Body of law dealing with natural liberties, shorn of excesses which invade equal rights of others. Constitutionally, they are restrictions on government.

Coercion: Compulsion; constraint; compelling by force of arms or threat. ... It may be actual, direct, or positive, as where physical force is used to compel act against ones will, or implied, legal or constructive, as where one party is constrained by subjugation to other to do what his free will would refuse. ... A person is guilty of criminal coercion if, with purpose to unlawfully restrict another’s freedom of action to his detriment, he threatens to: (a) commit any criminal offence; or (b) accuse anyone of a criminal offence; or (c) expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute; or (d) to take or withhold action as an official, or cause an official to take or withhold action. Model penal code, ss 212.5

Collateral attack. With respect to a judicial proceeding, an attempt to avoid, defeat, or evade it, or deny its force and effect, in some incidental proceeding not provided by law for the express purpose of attacking it. May v. Casker, 188 Okl.448, 110 P.2d 287, 289. An attack on a Judgement in any manner other than by action or proceeding, whose very purpose is to impeach or overturn the judgement; or, stated affirmatively, a collateral attack on a judgement is an attack made by or in an action or proceeding that has an independent purpose other than impeaching or overturning the judgement. Travis v. Travis’ Estate, 79 Wyo. 320, 334 P.2d 508, 510.

Collateral, adj. By the side; at the side; attached upon the side. Not lineal; but upon a parallel or diverging line. Additional or auxiliary; supplementary; co-operating; accompanying as a secondary fact, or acting as a secondary agent. ...”

Common law. As distinguished from law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgements and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and in this sense particularly the ancient unwritten law of England. The "Common law" is all the statutory and case law background of England and the American colonies before the American Revolution.

        "Common law" consists of those principles, usage and rules of action applicable to government and security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature.  

        As distinguished from ecclesiastical law, it is the system of jurisprudence administered by the purely secular tribunals. ...

        In a broad sense, “common law" may designate all that part of the positive law, juristic theory, and ancient custom of any state or nation which is of general and universal application, thus marking off special or local rules or customs."

Common-law jurisdiction: Jurisdiction of a court to try and decide such cases as were cognizable by the courts of law under the English common law. The jurisdiction of those courts which exercise their judicial powers according to the course of the common law.                      

Congregate. To come together; to assemble, to meet.

Congregation. An assembly or gathering; specifically , an assembly or society of persons who together constitute the principle supporters of a particular parish, or habitually meet at the same church for religious exercises.

Congress: Formal meeting of delegates or representatives. The Congress of the United States was created by ....

Conservators of the Peace: Officers authorized to preserve and maintain the public peace. In England, these officers were locally elected by the people until the reign of Edward III, when their appointment was vested in the king. Their duties were to prevent and arrest breaches of the peace, but they had no power to arraign & try the offender until about 1360, when this authority was given to them by act of parliament, & “then they acquired the more honorable appellation of justices of the peace.”. 1 Bl. Comm. 351.

Constable: An officer ... (usually elected) whose duties are similar to those of the sheriff, though ... his jurisdiction is smaller. He is to preserve the public peace, execute the process of ... courts, ... attend the sessions of criminal courts, have the custody of juries, &discharge other functions sometimes assigned to him by local law ... . Powers and duties of constables have generally been replaced by sheriffs. In English Law ... there were formerly “high”, “petty” & “special” constables. In England, the functions of these special constables have been take over by police forces. In Medieval law, high functionary under the French and English kings, the dignity and importance of whose office was second only to that of the monarch. He was in general the leader of the royal armies, & had cognizance of all matters pertaining to war & arms, exercising both civil & military jurisdiction. He was also charged with conservation of the peace of the nation. .

             (This definition had many portions which were Wrong, because they were anti-common-law, & there-fore they were surgically deleted.)

Constitution: The organic and fundamental law of a nation or state, which may be written or un-written, establishing the character and conception of it’s government, laying the basic principles to which its internal life is to be conformed, organizing the government, and regulating, distributing, and limiting the functions of the different departments, and prescribing the extent and manner of the exercise of sovereign powers.

             A charter of government deriving its whole authority from the governed. The written instrument agreed upon by the people of the Union or of a particular state, as the absolute rule of action and decision for all departments and officers of the government in respect to points covered by it, which must control until it shall be changed by the authority which established it, and in opposition to which any act or ordinance of any such department or officer is null and void.

             In a more general sense, any fundamental or important law or edict; as the Novel Constitutions of Justinian; the Constitutions of Clarendon.

Constitutional Law. (1) That branch of the public law of a nation or state which treats of the organization, powers and frame of government, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and citizen, and which prescribes generally the plan and method according to which the public affairs of the nation or state are to be administered.

             (2) That department of the science of law which treats of constitutions, their establishment, construction, and interpretation, and of the validity of legal enactments as tested by the criterion of conformity top the fundamental law.

             (3) A constitutional law is one which is consonant to , and agrees with, the constitution; one which is not in violation of any provision of he constitution of the particular state.

Constitutional Questions: Those legal issues which require an interpretation of the Constitution; for their resolution as distinguished from those of a statutory nature.

Corpus: ... Corpus Delicti: The body of a crime. The body (material substance) upon which a crime has been committed, e.g., the corpse of a murdered man, the charred remains of a house burned down. In the derivative sense, the substance or foundation of a crime; the substantial fact that a crime has been committed. The “corpus delicti” of a crime is the body or substance of the crime, which ordinarily includes two elements: the substance of the crime, and the act & the criminal agency of the act. State v. Edwards, 49 Ohio St.2d 31, 358 N.E.2d 1051, 1055.

Court: A space which is uncovered ... . ... A legislative assembly. Parliament is called in the old books a court of the king, nobility, and commons assembled. This meaning of the word has also been retained in the titles of some deliberative bodies, such as the ‘General Court’ of Massachusetts, i.e., the legislature. ... An organ of government, belonging to the Judicial Department, whose functions is the application of laws to controversies brought before it and the public administration of justice. The presence of a sufficient number of the members of such a body regularly convened in an authorized place at an appointed time, engaged in the full and regular performance of its functions. A body in the government to which the administration of justice is delegated. A body organized to administer justice, and including both judge and jury.

             Civil and Criminal Courts. The former being such as are established for the adjudication of controversies between individual parties, or the ascertainment, enforcement, and redress of private rights; the latter, such as are charged with the administration of the criminal laws, and the punishment of wrongs to the public. ...

             Court of General Jurisdiction. A court having unlimited trial jurisdiction, both civil and criminal, though its judgements and decrees are subject to appellate review. A superior court, a court having full jurisdiction within its own jurisdictional area.

             Equity and Law Courts. The former being such as possess the jurisdiction of a chancellor, apply the rules and principles of chancery (i.e. equity) law, and follow the procedure in equity; the latter, such as have no equitable powers, but administer justice according to the rules and practices of the common law. ...

Court of Law: In a wide sense, any duly constituted tribunal administering the laws of the state or nation; in a narrower sense, a court proceeding according to the rules of the common law and governed by its rules and principles.

Crime:

Criminal Intent: The intent to commit a crime; malice, as evidenced by a criminal act ... . ... See Mens Rea, Specific Intent.

Decanatus:        A deaconry. A company of ten persons. Also a town or tithing consisting originally of ten families of freeholders. Ten tithings compose a hundred.

             Decanus: In Ecclesiastical & old European law, an officer having supervision over ten, a dean. A term applied not only to ecclesiastical, but to civil and military, officers. An officer among the Saxons who presided over a friborg, tithing, decannary, or association of ten inhabitants; otherwise called a “tithing man” or “borsholder”, his duties being those of an inferior judicial officer. Decanus militarius; a military officer having command of ten soldiers. In Roman law, an officer having the command of a company ... of ten soldiers.

Dedicate: To appropriate and set apart one’s private property to some public use; as to make a private way public by acts evincing an intention to do so.  

Dedication: The appropriation of land, or an easement therein, by the owner, for the use of the public, and accepted for such use by or on behalf of the public. Such dedication may be express where the appropriation is formally declared, or by implication arising by operation of law from the owners conduct and the facts of the case. Varallo v. Metropolitian Government of Nashville & Davidson County, Tenn.App. 508 S.W. 2d 342, 346. A deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted . Longley v. City of Worchester, 304 Mass. 580, 24 N.E.2d 533, 537; Consolidated Realty Co. V. Richmond Hotel & Building Co., 253 Ky. 463, 69 S.W.2d 985.

De facto: In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs which must be accepted for all practical purposes, but is illegal or illegitimate.

Thus an office, position or status existing under a claim or color of right such as a de facto corporation.

In this sense, it is the contrary of de jure, which means rightful, legitimate, just or constitutional.

Thus an officer, king, or government de facto is one who is in actual possession of the office or supreme power, but by usurpation, or without lawful title; while an officer, king, or government de jure is one who has just claim and rightful title to the office or power; but has never had plenary possession of it, or is not in actual possession. ...

De facto government: One that maintains itself by a display of force against the will of the rightful legal government and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof.

De facto judge: A judge who functions under color of authority but whose authority is defective in some procedural form.

De facto officer: One who, while in actual possession of an office, is not holding such in a manner prescribed by law.

De jure: Description of a condition in which there has been total compliance with all requirement s of law.

Of right; legitimate; lawful; by right and just title. In this sense, it is the contrary of de facto.

It may also be contrasted with de grata, in which case it means “as a matter of right”, as de grata means by grace or favor. Again, it may be contrasted with de equitate; here meaning “by law”, as the latter means “by equity”.

Defendere unica manu: To wage law; a denial of an accusation upon oath. See “Wager of Law”.

Defender of the Faith :. A peculiar title belonging to the soverei9gn of England, as that of “Catholic” to the king of Spain, and that of “Most Christian” to the king of France. These titles were originally given by the popes of Rome; and that of “Defensor Fidei” was first conferred by Pope Leo X on King Henery VII, as a reward for writing against Martin Luther; ...

Direct attack:

             A direct attack on a Judgement or decree is an attempt, for sufficient cause, to have it annulled, reversed, vacated, corrected, declared void, or enjoined, in a proceeding instituted for that specific purpose, such as an appeal, writ of error, bill of review, or injunction to restrain its execution; distinguished from a collateral attack, which is an attempt to impeach the validity or binding force of the judgement or decree as a side issue or in a proceeding instituted for some other purpose. Ernell v. O’Fiel, Tex.Civ.App., 441 S.W.2d 653, 655. A direct attack on a judicial proceeding is an attempt to void or correct it in some manner provided by law.

Due Process of Law: Law in its regular course of administration through courts of justice. Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs. A course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity there must be a tribunal competent by its constitution - that is by the law of its creation- to pass upon the subject matter of the suit ... . Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgement upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law. ... Aside from all else, “due process” means fundamental fairness.

Duty: ... a thing due; that which is due from another person; that which a person owes to another. A obligation to do a thing. A word of more extensive signification than “debt”, ... Those obligations of performance, care, or observance which rest upon a person in an official or fiduciary capacity, as the duty of an executor, trustee, manager, etc. ... The word “duty” is used throughout the Restatement of Torts to denote the fact that the actor is required to conduct himself in a particular manner at the risk that if he does not do so he becomes subject to liability to another to whom the duty is owed for any injury sustained by such other, of which that actor’s conduct is a legal cause.

             In use in jurisprudence, this word is correlative of right. Thus, whenever there exists a right in one person, there also rests a corresponding duty upon some other person or upon all persons generally.

Establish. This word occurs frequently in the Constitution of the United States, and it is there used in different meanings (1) to settle firmly, to fix unalterably; as to establish justice, which is the avowed object of the Constitution.

             To settle or fix firmly; place on a permanent footing; found; create; put beyond doubt or dispute; prove; convince..."

Ex facto Jus Oritur: The law arises out of the fact. A rule of law continues in abstraction and theory, until an act is done on which it can attach and assume as it were a body and shape.

Ex Rel & Ex Relatione: Upon relation or information. Legal proceedings which are instituted by the attorney general (or other proper person) in the name and behalf of the state, but on the information and at the instigation of an individual who has a private interest in the matter, are said to be “on the relation” (ex relatione) of such person, who is usually called the “realtor”. Such a cause is usually entitled thus: “State ex erl. Doe v Roe.”

Fair Trial: A proceeding before an impartial and disinterested tribunal; a proceeding which hears before it condemns, which proceeds upon inquiry and renders judgement only after trail consideration of evidence and facts as a whole. A basic constitutional guarantee ... . A legal trial or one conducted in all material things in substantial conformity to law. A trial which insures substantial justice. A trial without prejudice to the accused. An orderly trail before an impartial jury and judge whose neutrality is indifferent to every factor in trial but that of administering justice. One conducted according to due course of law. A trail before an impartial judge, and an impartial jury, and an atmosphere of judicial calm.

Fair and impartial trial: One where accused’s legal rights are safeguarded and respected. A fair and impartial trial by a jury of one’s peers contemplates council to look after one’s defense, and a reasonable time in the light of all prevailing circumstances to investigate, properly prepare, and present the defense. One wherein defendant is permitted to be represented by counsel and neither witnesses nor counsel are intimidated. One wherein no undue advantage is taken by the district attorney or any one else. ... There must not only be fair and impartial jury, and learned and upright judge, but there should be atmosphere of calm in which witnesses can deliver their testimony without fear and intimidation, in which attorneys can assert accused’s rights freely and fully, and in which the truth may be received and given credence without fear of violence.

False Token: In criminal law, a false document or sign of the existence of a fact, in general, used for the purpose of fraud. Device used to obtain money by false pretenses. See Counterfeit, False Weights.

Fee Simple: Absolute: A fee simple absolute is an estate limited absolutely to a man and his heirs and assigns forever without limitation or condition. An absolute or fee simple estate is one in which the owner is entitled to the entire property, with unconditional power of disposition during his life, and descending to his heirs and legal representatives upon his death intestate. Such an estate is unlimited as to duration , disposition, and descendibility. Slayden v. Hardin, 257 Ky 685, 79 S.W.2d 11, 12.

             The estate which a man has where lands are given to him and to his heirs absolutely without any end or limit put to his estate. 2 Bl.Comm. 106. The word “fee” used alone , is sufficient designation of this species of estate, and hence “simple” is not a necessary part of the title, but it is added as a means of clearly distinguishing this estate from a fee-tail or from any variety of conditional estates. Fee-simple signifies a pure fee; an absolute estate of inheritance clear of any condition or restriction to any particular heirs, being descendible to the heirs general, whether male or female, lineal or collateral. It is the largest estate and most extensive interest that can be enjoyed in land.

             (Further similarly very powerful under just the simple definition of “Fee” (subsection “Estates”))

Feud: An estate in land held of a superior on condition of rendering him services. 2 Bl.Comm 105. An inheritable right to the use and occupation of lands, held on condition of rendering services to the lord or proprietor ... .

             Feudal Courts: In the 12^th century, a lord qua had the right to hold a court for his tenants. ... The feudal principle, would have led to a series of courts, one above the other ... . The growth of the jurisdiction of the king’s court removed the necessity of the feudal courts. All the incidents of the feudal system came to be regarded in a commercial spirit ... . ...

             Feudalism: ... The social, political, and economic system that dominated the major European nations between the ninth and fifteenth centuries. The system was based upon a servile relationship between a vassal” and a “lord”. The vassal paid homage and service to the lord and the lord provided land and protection to the vassal.

             Feudal System: The system of feuds. A political and social system which ... is suppose to have grown out of the particular usages and policy of the Teutonic nations ... . ... it may have existed in a rudimentary form among the Saxons before the Conquest. It formed the entire basis of real-property law of England in midieval times, and survivals of that system, in modern days, so modify and color that branch of jurisprudence, both in England and America, that many of it’s principles require for their complete understanding a knowledge of the feudal system. The feudal system originated in the relations of a military chieftain and his followers, or king and nobles, or lord and vassals, and especially their relation as determined by the bond established by a grant of land from the former to the latter. From this it grew into a complete and intricate complex of rules for the tenure and transmition of real estate, and of correlated duties and services; while, by tying men to the land and to those holding above and below them, it created a close-knit hierarchy of persons, and developed an aggregate of social and political institutions.

Fiat money: Paper Currency not backed by gold or silver.

Freeman:. A person in the possession and enjoyment of all civil and political rights accorded to the people under a free government. In the Roman law, it denoted one who was either born free or emancipated, and was the opposite of “slave”.

             Freeman’s roll: A list of persons admitted as burgesses or freemen for the purposes of the rights reserved by the municipal corporations act. ... The term was used, in early colonial history, in some of the American Colonies.

             Free men: Before the Norman Conquest, a free man might be a man of small estate dependant on a lord. Every man not himself a lord, was bound to have a lord or be treated as unworthy of a free man’s right. ...

Fundamental Law. The law which determines the constitution of government in a nation or state, and prescribes the manner of its exercise. The organic law of a nation or state; its constitution.

Fundamental Right . Those which have their origin in the express terms of the Constitution or which are necessarily to be implied from those terms.

General: From Latin word genus. It relates to the whole kind, class, or order. Pertaining to or designating the genus or class, as distinguished from that which characterizes the species or individual; universal, not particularized, as opposed to special; principal or central, as opposed to local; open or available to all; as opposed to select; obtaining commonly, or recognized universally, as opposed to particular; universal or unbounded, as opposed to limited; comprehending the whole or directed to the whole, as distinguished from anything applying to or designated for a portion only. Extensive or common to many.

General Assembly : Title of the legislative body in many states. See legislature. The policy making body of the United Nations. It is composed of from one to five delegates from each member nation, although each member nation has but one vote. The highest “judicatory” body of the Presbyterian church, representing in one body all of the particular churches of the denomination.

General Jurisdiction: Such as extends to all controversies that may be brought before a court within the legal bounds of rights & remedies; as opposed to special or limited jurisdiction, which covers only a particular class of cases, or cases where the amount in controversy is below a particular sum, or which is subject to specific exceptions. ...”

General Law:

             A law that affects the community at large. A general law as contradistinguished from one that is special or local, is a law that embraces a class of subjects or places, and does not omit any subject or place naturally belonging to such class. A law, framed in general terms, restricted to no locality, and operating equally upon all of a group of objects, which, having regard to the purposes of the legislation, are distinguished by characteristics sufficiently marked and important to make them a class by themselves, is not a special or local law, but a general law. A law that relates to a subject of a general nature, or class, while one relating to particular persons or things of a class is a “special law:”

Govern: To direct or control the actions or conduct of, either by established laws or by arbitrary will ...”

        Government: From the Latin gubernaculum. Signifies the instrument, the helm, whereby the ship to which the state was compared, was guided on its course by the “gubernator” or helmsman, & in that view, the government is but an agency of the state, distinguished as it must be in accurate thought from the scheme & machinery of government. ...

             The system of polity in a state; that form of fundamental rules & principles by which a nation or state is governed, or by which individual members of a body politic are to regulate their social actions. A constitution, either written or unwritten, by which the rights & duties of citizens & public officers are prescribed & defined ... The sovereign or supreme power in a state or nation. The machinery by which the sovereign power in a state expresses its will & exercises its functions; or the framework of political institutions, departments, & offices, by means of which the executive, judicial, legislative, & administrative business of the state is carried on. ...

             The regulation, restraint, supervision or control which is exercised upon the individual members of an organized jural society by those invested with authority; or the act of exercising supreme political power or control.

Government: Republican government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. In re Duncan, 139 U.S. 449, 11, S.Ct. 35 L.Ed. 219; Minor v Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627.

Governmental act: An act in exercise of police power or in exercise of constitutional, legislative, administrative, or judicial powers conferred on federal, state or government for benefit of public. A step physically taken by persons capable of exercising the sovereign authority of the foreign nation. Any action of the federal government, or of a state, within its constitutional power.

Governmental activity: A function of government in providing for its own support or in providing services to the public. ... Generally, when a municipality’s activity is for advantage of state as a whole, or is in performance of a duty imposed by sovereign power, activity is governmental.

Governmental agency: A subordinate creature of federal, state, or local government ... . ...

Governmental agents: Those performing services and duties of a public character for benefit of all citizens of the community.

Governmental duties:

Governmental functions:

Governmental immunity:

Governmental interests:

Governmental powers:

Governmental purpose:

Governmental secrets:

Government de facto: A government of fact. A government actually exercising power and control, as opposed to the true and lawful government; a government not established according to the constitution of the nation, or not lawfully entitled to recognition or supremacy, but which has never the less supplanted or displaced the government de jure. A government deemed unlawful or deemed wrongful or unjust, which, nevertheless, receives presently habitual obedience from the bulk of the community.

             There are several degrees of what is called “de facto government”. Such a government, in its highest degree, assumes a character very closely resembling that of a lawful government. This is when the usurping government expels the regular authorities from their customary seats and functions, and establishes itself in their place, and so becomes the actual government of a country. The distinguishing characteristic of such a government is that adherents to it in war against the government de jure do not incur the penalties of treason; and, under certain limitations, obligations assumed by it in behalf of the country or otherwise, in general, be respected by the government de jure when restored. Such a government might be more aptly denominated a “government of paramount force”, being maintained by active military power against the rightful authority of an established and lawful government; and obeyed in civil matters by private citizens. They are usually administered directly by military authority, but they may be administered, also, by civil authority , supported more or less by military force. Thorington v. Smith, 75 U.S. (8. Wall.) 1, 19 L.Ed. 361.

Governmental de jure: A government of right; the true and lawful government; a government established according to the constitution of the nation, and lawfully entitled to recognition and supremacy and administration of the nation, but which is actually cut off from power or control. A government deemed lawful, or deemed rightful or just, which, nevertheless, has been supplanted or displaced, that is to say, which receives not presently habitual obedience from the bulk of the community.

Hundred: Under the Saxon organization of England, each county or shire was composed of an indefinite number of hundreds, each hundred containing ten tithings, or groups of ten families of freeholders or frank-pledges. The hundred was governed by a high constable, and had it’s own court; but its most remarkable feature was the corporate responsibility of the whole for the crimes or defaults of the individual members. The introduction of this plan of organization into England is commonly ascribed to Alfred, but the idea, as well of the collective liability as of the division, was probably known to the ancient German peoples, as we find the same thing established in the Frankish kingdom under Clothshire, and in Denmark. 1 Bl.Comm. 115; 4 Bl.Comm 411.                                                                                                      

Hundred Court: In English law, a larger court-baron, being held for all the inhabitants of a particular hundred, instead of a manor. The free suitors were the judges, and the steward the registrar, as in the case of a court-baron. It was not a court of record, and resembles a court-baron in all respects except that in point of territory it was of greater jurisdiction. These courts no longer exist. 3 Bl.Comm. 34, 35.

Ignorantia Legis Neminem Excusat: Ignorance of Law excuses no one.

“Infidel: One who does not believe in the existence of a God who will reward or punish in this world or in that which is to come. One who professes no religion that can bind his conscience to speak the truth. One who does not recognize the inspiration or obligation of the Holy Scriptures, or generally recognized features of the Christian Religion.”

Imparlance: In early practice ... The term signified leave given to the parties to talk together; i.e., with a view to settling their differences amicably.

In Propria Persona: In one’ s own proper person. It was formerly a rule of pleading that pleas to the jurisdiction of the court must be plead in propria persona, because if pleaded by attorney they admit the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction.

Joinder: ... Compulsory joinder. A person must be joined in an action if complete relief cannot be afforded the parties without his joinder or if his interest is such that grave injustice will be done without him. Fed. R. Civ.P. 19(a). ...

             Joinder of claims. Under rules of practice, a party asserting a claim, to relief as an original claim, counterclaim, cross claim or third party claim may join as many claims as he has against an opposing party whether they be legal or equitable. Fed. R. Civ.P. 18(a), New York C.P.L.R. ss 601.

Judex Ordinarius: A select or selected judex or judge. In the civil law, , an ordinary judge. ; one who had the right of hearing and determining causes as a matter of his own proper jurisdiction (ex propria jurisdictione), and not by virtue of a delegated authority. ...

Judge: An officer so named in his commission, who presides in some court; a public officer, appointed to preside and to administer the law in a court of justice, the chief member of a court, and charged with the the control of proceedings and the decision of questions of law or discretion. Todd v. u. s., 158 u.s. 278, 15 s.ct. 889, 39 l.ed. 982. A public officer who, by virtue of his office, is clothed with judicial authority. State ex rel. Mayer v. city of Cincinnati, 60 Ohio app.2d 71, 120 p.2d 933, 937. "Judge", "justice", and "court" are often used synonymously or interchangeably. See also Magistrate.

Judge DeFacto: One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office; as where he was appointed under an unconstitutional statute, or by an usurper of the appointing power, or has not taken the oath of office.

Judge-made law: a phrase used to indicate judicial decisions which construe away the meaning of statutes, or find meanings in them the legislature never intended. It is perhaps more commonly used as meaning, simply, the law established by judicial precedent and decisions. Laws having their source in judicial decisions as opposed to laws having their source in statutes or administrative regulations.

Judgement: ... The official and authentic declaration of a court of justice, upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination.

Default Judgement: A judgement rendered in consequence of the non-appearance of the defendant Fed R. Civil P. 55(a). One entered upon the failure of a party to appear or plead at the appointed time. The term is also applied to judgements entered under statutes or rules of court, or want of affidavit of defense, plea, answer, and the like, or for failure to take some required step in the cause.

             Judgements rendered upon defendants default. Are : Judgement by default; Judgement by non sum informatus; judgement nihil dicit: Judgements rendered on plaintiff’s default are: Judgement non pros ( from non prosequitur) and judgement for nonsuit (from non sequitur or ne suit pas).

Final Judgement: One which puts an end to an action at law by declaring that the plaintiff either has or has not entitled himself to recover the remedy he sues for. So distinguished from interlocutory judgements. A judgement which disposes of the subject-matter of the controversy or determines the litigation as to all parties on the merits. A judgement which terminates all litigation on the same right. Appeals in federal court s will only lie from “final “ judgements. 28 U.S. C.A. SS n1291. See final decision.

Foreign Judgement: One rendered by the courts of a state or country politically and judicially distinct from that where the the judgement or its effects are brought into question. One pronounced by a tribunal of a foreign country or a sister state. ... Several states have adopted the Uniform Foreign Money Judgements Recognition Act, and also the Uniform Enforcement of Foreign Judgements Act.

Nil Dicit, Judgement By: Judgement by plaintiff rendered when defendant has appeared but has failed to answer or when answer has been withdrawn or abandoned and no further defense is made. ... At common law, it may be taken against defendant omits to plead or answer whole or any separable substantial portion of declaration. It amounts to judgement by confession with reference to cause of action states. ... Under current rules of practice, such judgement is substantially identical with default judgement. See Nihl Dicit.

In Propria Persona: In one’s own proper person. It was formerly a rule in pleading that pleas to the jurisdiction of the court must be plead in propria persona, because if plead by an attorney they admitted to the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction. See pro se.

Judgement Creditor: One who has obtained a judgement against a debtor, under which he can enforce execution. A person in whose favor a money judgement is entered or a person who becomes entitled to enforce it. Owner of an unsatisfied judgement.

Judgement, Estoppel By: The estoppel raised by the rendition of a valid judgement by a court having jurisdiction. The essence of estoppel by judgement is that there has been judicial determination of a fact. ... It rests upon principles forbidding one to relitigate matters in dispute between parties which has been determined by a competent court, on ground that record of judgement imputes absolute veracity. Where subsequent proceeding is on same cause of action between same parties a former adjudication is conclusive. ... Ordinarily, “ estoppel” of judgement does not extend to matters not expressly adjudicated.

Judicial: Belonging to the office of a Judge, as judicial authority. Relating to or connected with the the administration of justice, as a judicial officer. Having the character of judgement or formal legal procedure, as a judicial act. Proceeding from a court of justice; as a judicial writ, a judicial determination. Involving the exercise of judgement or discretion, as distinguished from ministerial.

Judicial Act: ... an act by a court or magistrate touching the rights of parties or property brought before it on voluntary appearance, or by prior action of ministerial officers. An act by member of judicial department in construing law or applying it to a particular set of facts. An act of administrative board if it goes to determination of some right protection of which is peculiar office of courts. ... an act which imposes burdens or confers privileges according to finding of some person or body whether a general rule is applicable or according to discretionary judgement as to propriety. An act which undertakes to determine a question of right or obligation or of property as foundation on which it proceeds. The action of a judge in trying a cause and rendering decision. Rendition or pronouncement of a judgement is a judicial act ... .

Judicial Action: An adjudication upon the rights of parties who in general appear or are brought before a tribunal by notice or process, and upon whose claims some decision or judgement is rendered. Action of a court upon a cause, by hearing it, and determining what shall be adjudged or decreed between the parties, and with which is the right of the case.

Judicial Activism: Judicial philosophy which motivates judges to depart from strict adherence to judicial precedent in favor o(f) progressive or new social policies which are not always consistent with the restraint expected of appellate judges. It is commonly marked by decisions calling for social engineering and occasionally these decisions represent intrusions into legislative or executive powers.  

Judicial Comity: Principle in accordance with which courts of one state or jurisdiction give effect to laws and judicial decisions of another state out of deference and respect, not obligation. See also Ful Faith and Credit Clause.

Judicial District: One of the circuits or precincts into which a state is commonly divided for judicial purposes ; a court of general jurisdiction being usually provided in each of such districts, and the boundaries of the district marking the territorial limits of its authority; or or the district may include two or more counties, having separate and independent county courts, but in that case they are presided over by the same judge.

Judicial Power. The authority exercised by that department of government which is charged with declaring what law is, and with its construction. The authority vested in courts and judges, as distinguished from the executive and legislative power. Courts have general powers to decide and pronounce a judgement and carry it into effect between two persons and parties who bring a case before it for decision; and also such specific powers as contempt powers, power to control admission and disbarment of attorneys, power to adopt rules of court, etc.

             A power involving exercise of judgement and discretion in determination of questions of right in specific cases affecting interests of persons or property, as distinguished from ministerial power involving no discretion. Inherent authority not only to decide, but to make binding orders and judgements. ... Power to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before court for decision. Power that adjudicates upon and protects the rights and interests of persons and property and to that end declares, construes and applies the law.

             The primary source of power of federal courts is provided in Art. III od U.S. Const., and Judiciary Act of 1789 (Title 28 of U.S. Code) See Judiciary Acts.

Jura: Plural of “Jus”. Rights, laws.

Jure: By right, in right; by the law.

Jus: ... right, justice, law; the whole body of law; also a right. ... “Jus” means “law”, considered in the abstract; that is distinguished from any specific enactment, the science or department of learning, or quasi personified factor in human history or conduct or social development, which we call in a general sense, “the law”. ... a capacity residing in one person of controlling with the assent and assistance of the state, the actions of another. ... Within the meaning of the maxim that “ignorantia juris non excusat” (ignorance of the law is no excuse), the word “jus” is used to denote the general law or ordinary law of the land, and not a private right.

Jury: ... A jury is a body of persons temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offence or to try a question of fact.

Justice: ... Proper Administration of Laws. In Jurisprudence, the constant and perpetual disposition of legal matters or disputes, to render to every man his due.

             In Feudal law, jurisdiction: judicial cognizance of causes or offences: High justice was the jurisdiction or right of trying crimes of every kind, even the highest. This was a privilege claimed and exercised by the great lords or barons of the middle ages.

Justices of the hundred: Hundredors, lords of the hundreds. In Old English law, they who had the jurisdiction of hundreds & held the hundred courts.

Justificators: A kind of compurgators, or those who by oath justified the innocence or oaths of others; as in the case of wager of law.

Justitia debet esse libera, (more Latin ...) Justice ought to be free, because nothing is more iniquitous than venal justice; full, because Justice ought not to halt; & speedy, because delay is a kind of denial.

Justitia est constas (more Latin ...), Justice is a steady and unceasing disposition to render to every man his due.

Justitia est virtus excellens et altissimo complacens: Justice is excellent virtue and pleasing to the most high.

Justitia firmatur solium By justice is the throne established.

Justitia non est neganda non differenda: Justice is neither to be denied or delayed.

Justitia non novit (more Latin ...), Justice knows not father nor mother; justice looks at truth alone.

Lawful Authorities: Those persons who have the right to exercise public power, to require obedience to their lawful commands, to command or act in the public name; e.g. Police.

Law of the Land: Due process of law. By the law of the land is most clearly intended the general law which hears before it condemns, which proceeds upon inquiry, and renders judgement only after trial. Deputy v. Tedora, 204 La. 560, 15 So. 2d 886, 891. The meaning is that every citizen shall hold his life liberty, property and immunities under the protections of the general rules which govern society. See Due process of law.

Legislature: The department, assembly, or body of persons that makes the statutory laws for a state or nation. At the federal level, and in most states, ,the legislature is bicameral in structure, usually consisting of two branches, i.e. upper house (Senate) and lower house (House of Representatives or Assembly) . Legislative bodies at the local levels are variously called city councils, boards of aldermen, etc.

Legislative Act: Enactment of laws. Laws (i.e. statute) passed by legislature, in contrast to court-made law. One which prescribes what the law shall be for future cases arising under it .

Legislative Functions. The determination of legislative policy and its formation as rule of conduct. The formulation and determination of future rights and duties.

Legislative Power . The lawmaking powers of a legislative body, whose functions include the power to make, alter, amend and repeal laws. In essence, the legislature has the power to make laws, and such power is reposed exclusively in such body, though it may delegate rule making and regulatory powers to departments in the executive branch. It may not , however, delegate its lawmaking powers, nor is the judicial branch permitted to obtrude into its legislative powers. The enumerated powers of Congress are provided for in Article 1 of the U.S. Constitution.

Lex Non Scripta: The unwritten or common law, which included general and particular customs, and particular local laws.

Lex Scripta: Written law ; law deriving its force , not from usage, but from express legislative enactment, statute law.

Lex Terra: The law of the land. The common law, or the due course of the common law; the general law of the land. Equivalent to “due process of law”. In the strictest sense, trial by oath; the privilege of making oath.

Liberty: ... the necessary restraint on all, which is needed to promote the greatest possible amount of liberty for each.  

             Civil Liberty: A mans natural liberty , so far restrained by human laws and no further as is necessary and expedient for the general advantage of the public. 1 Bl.Comm. 125 The power of doing whatever the laws permit. 1 Bl.Comm. 6. The greatest amount of absolute liberty which can in the nature of things be equally possessed by every citizen in a state. Guaranteed protection against interference with the interests and rights held dear and important by large classes of civilized men, or by all the members of a state, together with an effectual share in the making and administration of the laws as the best means apparatus to secure that protection.

             Natural liberty: The power of acting as one thinks fit, without any restraint or control unless by the law of nature. The right which nature gives to all mankind of disposing of their persons and property after the manner they judge most consistent with their happiness, on condition of their acting within the limits of the law of nature, and so not to interfere with an equal exercise of the same rights by other men. 1 Bl.Comm. 125.

             Personal liberty: The right or power of locomotion; of changing situation , or moving one’s person to whatsoever place one’s own inclination may direct, without imprisonment or restraint, unless by due course of law. Civil Rights Cases, 109 U.S. 3, 3 S.Ct. 42, 27 L.Ed. 835.

             Political Liberty: Liberty of the Citizen to participate in the operations of government, and particularly in the making and administration of the laws.

Liberties: Privileged districts exempt from the sheriff’s jurisdiction; as “goal liberties”. See Goal. In colonial times, laws or legal rights resting upon them. The early colonial ordinances in Massachusetts were termed laws & liberties, and the code of 1641 the “Body of Liberties”. ... Formerly, political subdivisions of Philadelphia; as, Northern Liberties. (Blacks 4^th)

Liberty to Hold Pleas: The liberty of having a court of one’s own. Thus certain lords had the privilege of holding pleas within their own manors. (Blacks 4^th)

Liberum Servitum: Free Service. Service of a war-like sort by a feudatory tenant; also Servitium liberum. Service not unbecoming the character of a freeman and a soldier to perform; as to serve under the lord in his wars, to pay a sum of money, and the like. 2 Bl.Comm. 60.

License: The permission to do * * * an act which, without such permission, would be illegal, a trespass, or a tort. Permission to do something which without the license would not be

allowable. Privilege from the state or sovereign. A permit * * * to pursue some occupation or to carry on some business subject to regulation under the police power. Authority to carry on some trade or business which would otherwise be unlawful. A license confers upon licensee neither contractual, nor vested rights. Nor does it create a property right.

Loquela: A colloquy; talk. In old English law, this term denoted the oral arguments of the parties to a suit which led to the issue, now called the pleadings. It also designated an “imparlance” both names evidently referring to the talking together of the parties.

Lord: A Feudal Superior.

Mala in se: Wrongs in themselves; acts morally wrong; offences against conscience.

Malum in se: A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral, and public law. An act is said to be malum in se when it is inherently and essentially evil, that is, immoral in its nature and injurious in its consequences, without any regard to the fact of its being noticed or punished by the law of the state. Such are most or all of the offences cognizable at common law (without the denouncement of statute); as murder larceny, etc.

Malice: The intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury or under circumstances that the law will imply an evil intent. ... A condition of the mind showing a heart regardless of social duty and fatally bent on mischief. ... it is that state of mind which is reckless of law and of the rights of the citizen.

Malice a-fore-thought: A predetermination to commit an act without legal justification or excuse. A malicious design to injure. The intentional doing of an unlawful act which was determined upon before it was executed. ... an intent to act in callous and wanton disregard to the consequences to human life ... .

Mancipium: Lat. ... slaves are frequently called “mancipia” in the non-legal Roman authors. To form a clear conception of the true import of the word in Roman jurisprudence, it is necessary to advert to the four distinct powers which were exercised by the pater familias, vis; ... When the pater familias sold his son , venum dare , mancipare, the paternal power was succeeded buy the mancipium, or the power acquired by the purchaser over the person whom he held in mancipio, and whose condition was assimilated to that of a slave.

Mens Rea: A guilty mind; a guilty or wrongful purpose, a criminal intent. See also Knowledge.

Moral Turpitude: The act of baseness, vileness or the depravity in private & social duties which man owes to his fellow man, or to society in general, contrary to accepted & customary rule of right and duty between man and man. State v. Adkins, 40 Ohio App.2d 473, 320 N.E.2d 308, 311, 69 O.O.2d 416. Act or behavior that gravely violates moral sentiment or accepted moral standards of community and is a morally culpable quality (held to be present in some criminal offences as distinguished from others.) ... The quality of a crime involving grave infringement of the moral sentiment of the community as distinguished from statutory mala prohibitia. People v. Ferguson, 55 Misc.2d 711, 286 N.Y.S .2d 976, 981. See also Turpitude.

Munera: In the early ages of feudal law, the name given to the grants of land made by a king or chieftain to his followers, which were held by no certain tenure, but merely at the will of the lord.

Municipal Corporation: A legal institution formed by charter from sovereign (i.e. state) power erecting a populous community of prescribed area into a body politic and corporate with corporate name and continuous succession and for the purpose and with the authority of subordinate self-government.

Municipal Affairs: ... it has come to include public service activities ... which were once regarded as being of a strictly private nature.

Municipal Function: ... functions are those which specially and peculiarly promote the comfort, convenience, safety and happiness of the citizens of the municipality, rather than the welfare of the general public. ...

Municipality: ... A body politic created by the incorporation of the people of a prescribed locality invested with subordinate powers of legislation ...

Nation: A people, or aggregate of men, existing in the form of an organized jural society, usually inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity, and distinguished from other like groups by their racial origin and characteristics, and generally b ut not necessarily living under the same government and sovereignty.

Natural Law:     This expression ... was largely used in the philosophical speculations of the Roman jurists of the Antonine age, and was intended to denote a system of rules and principles for the guidance of human conduct which independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of man, and would be found to grow out of and conform to his nature, meaning ... his whole mental, moral, and physical constitution.

             The point of departure for this conception was the Stoic doctrine of a life ordered “according to nature” which in its turn rested upon the <debated / purely suppositious> existence, in primitive times, of a “state of nature” ... a condition of society in which men universally were governed solely by a rational and consistent obedience to the needs, impulses, and promptings of their true nature, such nature being as yet undefaced by dishonesty, falsehood, or indulgence of the baser passions.

             In ethics, it consists of practical universal judgements which man himself elicits. These express necessary and obligatory rules of human conduct which have been established by the author of human nature as essential to the divine purpose of the universe and have been promulgated by God solely through human reason.”

Neighborhood: ... As used with reference to a persons reputation, “neighborhood”means in general any community or society where person is well known & has established a reputation.

Oath: Any form of attestation by which a person signifies that he is bound in conscience to preform an act faithfully & truthfully. ... An affirmation of truth of a statement which renders one willfully asserting untrue statements punishable for perjury. An outward pledge by the person taking it that his attestation or promise is made under an immediate sense of responsibility to God. Solemn appeal to the Supreme Being in attestation of the truth of some statement. An external pledge or asseveration, made in verification of statements made, or to be made, coupled with an appeal to a sacred or venerated object, in evidence of the serious & reverent state of mind of the party, or with an invocation to the supreme being to witness the words of the party, & to visit him with punishment if they be false. In its broadest sense, the term is used to include all forms of attestation by which a party signifies that he is bound in conscience to preform the act faithfully & truly.

Oderant peccare boni, virtutis anore; oderunt peccare nali, formidine poenae. Black's 3rd p. 1282

"Good men hate to sin through love of virtue; bad men through fear of punishment."

Original Jurisdiction: Jurisdiction in the first instance. Jurisdiction to take cognizance of a cause at its inception, try it, and to pass judgement on the law and the facts. Distinguished from Appellate jurisdiction.

Organic Law: The fundamental law, or constitution, of a state or nation, written or unwritten. That law or system of laws or principles which defines and establishes the organization of its government.  

Organic Act: ... A statute by which a municipal corporation is organized and created is its “organic act” and the limit of its power, so that all acts beyond the scope of the powers there granted are void.

Organize. To establish or furnish with organs; to systemize; to put into working order; to arrange in order for normal exercise of its appropriate functions.

Peace: “That state & sense of safety which is necessary to the comfort & happiness of every citizen, & which government is instituted to secure. State v. Boles, 5 Conn.Cir. 22, 240 A.2d 920, 927. ... means tranquility enjoyed by citizens of the municipality or community where good order reigns among its members. The tranquility enjoyed by a political society internally, by the good order which reigns among its members, & externally by the good understanding which it has with all other nations. (more)

             Public Peace: The peace or tranquility of the community in general; the good order and repose of the people comprising a state or municipality. That invisible sense of security which every man feels so necessary to his comfort, and for which all governments are instituted.

             Public peace & quiet: Peace, tranquility, & order & freedom from agitation or disturbance; the security, good order, & decorum guaranteed by civil society and by the law.

             Peace of the state: The protection security & immunity from violence which the state undertakes to secure & extend to all persons within its jurisdiction & entitled to the benefit of its laws. This is part of the definition of murder, it being necessary that victim should be “in the peace of the state”, which now practically includes all persons except armed public enemies. See Murder. And see Starte v. Dunkley, 25 N.C. 121 (Blacks 4^th)

Political subdivision. A division of the state made by proper authorities there of, acting within their constitutional powers, for purpose of carrying out a portion of those functions of state which by long usage and inherent necessities of government have always been regarded as public. State ex rel: Maisan v. Mitchell, 155 Conn. 256, 231 A. 2d. 539, 542.

Political Rights: Those which may be exercised in the formation or administration of the government. Rights of citizens recognized or established by constitutions which give them the power to participate directly or indirectly in the establishment or administration of government.

Positive Law: Law actually and specifically enacted or adopted by proper authority for the government of an organized jural society.

Posse: ... Group of people acting under authority of police or sheriff and engaged in searching for a criminal or in making an arrest.

             Posse Comitatus: The power or force of the county. The entire population of a county above the age of fifteen, which the sheriff may summon to his assistance in certain cases, as to aid him in keeping the peace, in pursuing and arresting felons, etc. Williams v. State, 253, Ark. 973, 490 S.W.2d 117, 121.

Preator: In Roman Law, a municipal officer of the city of Rome, being chief judicial magistrate, and possessing an extensive equitable jurisdiction.

Presumption of Innocence: A hallowed principle of criminal law to the effect that the government has the burden of proving every element of a crime beyond a reasonable doubt and that the defendant has no burden to prove his innocence. It arises at the first stage of the criminal process but it is not a true presumption because the defendant is not required to come forward with proof of his innocence once evidence of guilt is introduced to avoid a directed verdict of guilty.

             Presumption of innocence succinctly conveys the principle that no person may be convicted of a crime unless the Government carries the burden of proving his guilt beyond a reasonable doubt but it does not mean that no significance art all may be attached to the indictment. U. S. V. Friday. D.C.Mich., 404 F.Supp.1343, 1346.

Privy Token: A false mark or sign, forged object, counterfeited letter, key, ring, etc., used to deceive persons, & thereby fraudulently obtain possession of property. A false privy token is a false privy document or sign, not such as is calculated to deceive men generally, but designed to defraud one or more individuals. Cheating by such false token was not indictable at common law.

Privy: A person who is in privity with another. One who is a partner or has any part or interest in any action, matter, or thing. As an adjective, the word has practically the same meaning as “private”.

Probus et legalis homo: A good & lawful man. A phrase particularly applied to a juror or witness who was free from all exception, & competent in point of law to serve on juries. In the plural form : probi et legalis homines.

Pro Se: For himself; in his own behalf; in person. Appearing for oneself, as in the case where one does not retain a lawyer and appears for himself in court.

Purgatory Oath: An oath by which a person purges or clears himself from presumptions, charges or suspicions standing against him, or from a contempt.

Purgation: The act of cleansing or exonerating ones self of a crime, accusation or suspicion of guilt by denying the charger on oath or by ordeal. Canonical purgation was made by a party’s taking his own oath that he was innocent of the charge, which was supported by the oath of 12 compurgators, who swore they believed he spoke the truth. To this succeeded the mode of purgation by single oath of the party himself, called “oath ex officio”, of which the modern defendant’s oath in chancery is a modification. 3. Bl.Comm. 447; 4 Bl.Comm, 368.

Quo Warranto: /kwow wera’entow/. In old English practice, a writ in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty, to inquire by what authority he supported his claim, in order to determine the right. It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it, or having forfeited it by neglect or abuse. 3 Bl.Comm. 262.

             An extraordinary proceeding, prerogative in nature, addressed to preventing a continued exercise of authority unlawfully asserted. Johnson v. Manhattan Ry. Co., N.Y., 289 U.S. 479, 53 S.Ct. 721, 77 L.Ed. 1331. It is intended to prevent exercise of powers that are not conferred by law, and is not ordinarily available to regulate the manner of exercising such powers.

             The remedy of “quo warranto” belongs to the state, in it’s sovereign capacity, to protect the interests of the people as a whole and guard the public welfare, and it is a preventative remedy addressed to preventing a continued exercise of an authority unlawfully asserted, rather than correcting what has already been done under that authority. Citizens Utilities Co. of Cal. V. Superior Court, Alameda County, 56 Cal. App.3d 399, 128 Cal.Rptr. 582, 588. “Quo warranto” is legal action whereby legality of exercise of powers by municipal corporation may be placed in issue. People ex rel. City of Des Plaines v. Village of Mount Prospect, 29 Ill.App.3rd 807, 331 N.E.2d 337, 377.

             The federal rules are applicable to proceedings for quo warranto “to the extent that the practice in such proceedings is not set forth in statutes of the United States and has heretofore conformed to the practice in civil actions.” Fed.R. Civil P. 81 (a)(2). Any remedy that could have been obtained under the historic writ of quo warranto may be obtained by a civil action of that nature. U.S. v. Nussbaum, D.C.Cal., 306 F.Supp. 66.

Real Money: Money which has real metalic, intrinsic value, as distinguished from paper currency, checks and drafts.

Republic: (see Government/ Republican government)

Right: As a Noun, and taken in the abstract sense, means justice, ethical correctness, or consonance with the rules of law or the principles of morals. In this signification it answers to one meaning of the Latin “jus”, and serves to indicate law in the abstract, considered as the foundation of all rights, or the complex of underlying moral principles which impart the character of justice to all positive law, or give it ethical content. ... And the primal rights pertaining to men ... existing prior to positive law. But leaving the abstract moral sphere and giving to the term a juristic content, a “right” is well defined as “a capacity residing in one man of controlling, with the assent & assistance of the state, the actions of others.”

             As an adjective, the term “right” means just, morally correct, constant with ethical principles or rules of positive law. It is the opposite of wrong, unjust, illegal.    ...

             A legally enforceable claim of one person against another, that the other shall do a given act or not do a given act. Restatement of the Law of Property, ss 1.

             That which one person ought to have or receive from another, it being with held from him, or not in his possession. In this sense, “right” has the force of “claim”, and is properly expressed by the Latin “jus”. ...          Natural rights are those which grow out of the nature of man and depend upon personality, as distinguished from such as are created by law and depend upon civilized society; ... they are those which are plainly assured by natural law; ... those which, by fair deduction from the present physical, moral, social, and religious characteristics of man, he must be invested with, and which he ought to have realized for him in a jural society, in order to fulfill the ends to which his nature calls him.

Right of local self government: Power of citizens to govern themselves, as to matters purely local in nature, through officers of their own selection. City of Ardmore v. Excise Board of Carter County, 155 Okl. 126, 8 P.2d 2, 11. See Home rule.

Servitum liberum: A service to be dome by feudatory tenants, who were called liberi homines”’ and distinguished from vassals, as was their service, for they were not bound to any of the base services of plowing the lord’s land, etc., but were 6o find a man and horse, or go with the lord into the army, or to attend the court, etc.. See also liberum servitium.

Sheriff: The chief executive and administrative officer of a county, being chosen by popular election. His principle duties are in aid of the criminal courts; and civil courts of record; such as serving process, summoning juries, executing judgements, holding judicial sales and the like. He is also the chief conservator of the peace within his territorial jurisdiction.

Shire: A Saxon word which signified a division, it was made up of an indefinite number of hundreds, later called a county (Comitatus). In England, a County. So called because every county or shire is divided or parted by certain meets and bounds from another.

Shire-gemot: scire-gemote, scir-gemot . (From the Saxon Scir or Scyre , county, shire, and gemote, a court or assembly.) Variants of Scyregemote . See also Shire-mote, infra.

Shire-man or scyre-man. Before the Conquest, the Judge of the county, by whom trials for land, etc, were determined .

Shire-mote: The assize of the shire, or the assembly of the people, was so-called by the Saxons. It was nearly if not exactly , the same as scyregemote, and in most respects corresponded with what were after-words called county courts.

Shire-reeve: (spelled also Shire rieve, or Shire reve). In Saxon law, the reve or bailiff of the shire. The viscount of the Anglo-Normans, and the sheriff of later times.

Social contract or compact: In political philosophy, a term applied to the theory of the origin of society associated chiefly with the names of Hobbes, Locke, and Rousseau ... . ... Laws resulted from the combination of men, who agreed for mutual protection, to surrender individual freedom of action ... Government must therefore rest on the consent of the governed.

Starr or starra. The old term for contract opr obligation among the Jews, being a corruption from the Hebrew word “shetar”, a covenant, ... & Blackstone conjectures that the room in which the chests were kept was thence called the “Star-Chamber”.”

Star Chamber:   A court which originally had jurisdiction in cases where the ordinary course of justice was so much obstructed by one party, ... that no inferior court would find its process obeyed. ... In the reign of Henry the 8^th, & his successors, the jurisdiction of the court was illegally extended to such a degree (especially in punishing the kings arbitrary proclamations) that it became odious to the nation, & was abolished.

State: A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic, exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and of entering into international relations with other communities of the globe. United States v. Kusche, D.C.Cal., 56 F.Supp. 201, 207, 208. The organization of social life which exercises sovereign power on behalf of the people. Delaney v. Moraitis, C.C.A.Md., 136 F.2d 129, 130. In its largest sense, “state” is a body politic or a society of men. Beagle v Motor Vehicle Acc. Indemnification corp., 44 Misc.2d 636, 254 N.Y.S. 763, 765. A body of people occupying a definite territory and politically organized under one government. State ex rel. Maisano v. Mitchell, 155 Conn. 256, 231 A.2d 539, 542. A territorial unit with a distinct general body of law. Restatement, Second, Conflicts, ss 3. Term may refer to a body politic of a nation (e.g. United States) or to an individual governmental unit of such nation (e.g. California).

             The section or territory occupied by one of the United States. One of the component commonwealths or states of the United States of America. The term is sometimes applied also to governmental agencies authorized by state, such as municipal corporations. Any state of the United States, the District of Columbia, the commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. Uniform Probate Code, ss 1-201(40).

             The people of a state, in their collective capacity, considered as the party wronged by a criminal deed, the public, as in the title of a cause, “The State vs A.B.”

             Term “state” as used in rules providing when a state may appeal in a criminal case is all inclusive and intended to include not only the state but its political subdivisions, counties and cities. Spokane County v. Gifford, 9 Wash.App. 541, 513 P.2d 301, 302. Federal Government is a “state” bound by all of provisions of the Interstate Agreement on Detainers. Enright v. U. S., D.C.N.Y., 437 F.Supp, 580 581.

             The circumstances or condition of a being or thing at a given time.

             Foreign State. A foreign country or nation. The several United States are considered “foreign” to each other except as regards their relations as common members of the Union. ...

State Ex Rel: See “Ex Rel”

Sui Juris:

             Of his own right; possessing full social and civil rights; not under any legal disability, or the power of another, or guardianship.

             Having capacity to manage ones own affairs: not under legal disability to act for one’s own self.

Tenancy: “Joint Tenancy”:

             An estate in fee-simple, fee tail, for life, for years, or at will, arising by purchase or grant to two or more persons. Joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession. The primary incident of joint tenancy is survivorship, by which the entire tenancy on the decease of any joint tenant remains to the survivors, and at length to the last survivor.

             Type of interest in real or personal property by two or more persons in which each owns an undivided interest in the whole, and attached to which is the right of survivorship. Single estate in property owned by two or more persons under one instrument or act. D’Ercole v. D’Ercole, D.C.Mass., 407 F.Supp. 1377, 1380.

             “Tenancy in Common”: Joint Interest in which ... all are entitled to equal use and possession.

Tera manes vacua occupanti conceditur; Land lying unoccupied is given to the first occupant.

Tenemental land: Land distributed by a lord among his tenants, as opposed to the demenses which were occupied by himself and his servants.

“Tithing Man: A constable. ... annually elected to preserve order ... and to make complaint of any dis-orderly conduct. ... the head or chief of a tithing or decennary of ten families; he was to decide all lesser causes between neighbors. In modern English Law, he is the same as an under-constable or peace-officer.”

“Tithing: One of the civil divisions of England, being a portion of the greater division called a “hundred”. It was so called because ten freeholders with their families composed one. It is said that they were all knit together in one society, and bound ... for the peaceable behavior of each other. In each of these societies there was one chief or principle person, who, from his office, was called “teothing-man” now “tithing-man”.

Token:

             A sign or mark; the material evidence of the existence of a fact. A sign or indication of an intention to do something as in the case of one who places a small order to show good faith to a seller with a view towards placing a larger order at a future time.

Trespass. An unlawful interference with ones person, property, or rights. At common law, trespass was a form of action brought to recover damages for any injury to ones person or property or relationship with another.

             Trespass comprehends any misfeasance, transgression, or offense which damages another person’s health, reputation or property. ... An unlawful act, committed with violence, actual or implied, causing injury tp the person, property, or relative rights of another.

Trial: ... A judicial examination in accordance with the law of the land. ...

             Trial by wager of law. In old English law, a method of trial, where the defendant, coming into court, made oath that he did not owe the claim demanded of him, and eleven of his neighbors, as compurgators, swore that they believed him, to speak the truth.

Trail Court: A court of original jurisdiction; the first court to consider litigation. Used in contrast to an appellate court.

Trust: ... Any arrangement where-by property is transferred with intention that it be administered by trustee for another’s benefit. ... A fiduciary relation with respect to property, subjecting person by whom the property is held to equitable duties. ...

Constructive Trust: a trust raised by construction of law, or arising by operation of law ... . ... Constructive trusts do not arise by agreement or from intension, but by operation of law, and fraud, active or constructive, as is their essential element. ... their forms and varieties are practically without limit, being raised by courts of equity whenever it becomes necessary to prevent a failure of justice.

Public Trust: One constituted for the benefit either of the public at large or some considerable portion of it answering a particular description; public trusts and charatible trusts may be considered in general as synonymous expressions.

Unconstitutional. That which is contrary to the constitution. ... This word is used in two different senses. One, which may be called the English sense, is that the legislation conflicts with some recognized general principle. This is no more than to say that it is unwise, or is based upon a wrong or unsound principle, or conflicts with a general ly accepted policy. The other, which may be called the American sense, is that th legislation conflicts with some provision of our written Constitution, which is beyond the power of the Legislature to change.

Unlawful Assembly . At common law, the gathering together of three or more persons, to the disturbance of the public peace, and with the intention of co-operating in the forcible and violent execution of some unlawful private enterprise. If they take steps towards the performance of their purpose, it becomes a “riot”. 4 Bl.Comm. 146. An unlawful assembly is a of three or more persons with a common plan in mind which , if carried out, will result in a riot. In other words, it is such a meeting with intent to (a) commit a crime by open force, or (b) execute a common design lawful or unlawful, in an unauthorized manner likely to cause persons to apprehend a breach of the peace.

Unlawful Assembly is the meeting or coming together of not les than five (5) persons for the purpose of engaging in conduct constituting either disorderly conduct, or a riot, , or when in a lawful assembly of not less than five (5) persons, agreeing to engage in such conduct. See also “Riot”.

Venue: Formerly spelled visne. In common law pleading & practice, a neighborhood; the neighborhood, place, or county in which an injury is declared to have been done, or fact declared to have happened. 3 Bl.Comm. 294. ... Venue deals with locality of suit, that is, with question of which court, or courts, of those that posses adequate personal & subject matter jurisdiction may hear the specific suit in question. Japan Gas Lighter Ass’n v. Roson Corp., D.C.N.J., 257 F.Supp. 219, 224. It related to a place where or a territory within which either party may require case to be tried. Coushing v. Doudistal, 278 Ky. 799, 129 S.W.2d 527, 528, 530. It has relation to convienience of litigants & may be waived or laid by consent of parties. Iselin v. La Coste, C.C.A.La., 147 F.2d 791, 795.

Violence: Unjust or unwarranted use of force, usually with the accompaniment of vehemence, outrage, or fury. ... Physical force unlawfully exercised; abuse of force; that force which is employed against common right, against the laws, and against public liberty. ... The exertion of any physical force so as to injure, damage, or abuse.

Violent: Moving, acting, or characterized by extreme and sudden or by unjust or improper force. Furious, vehement, as a violent storm or wind. A violent attack marked by, or due to, strong mental excitement. Vehement, passionate, as with speech. Violent reproaches produced or effected by force, not spontaneous or natural; as, a violent death. Displaying or proceeding from extreme or intense force, caused by unexpected unnatural causes.  

Wager of Law: In old practice, the giving of gage or sureties by a defendant in an action fo debt that at a certain day assigned he would make his law; that is, would take oath in open court that he did not owe the debt, and at the same time bring with him eleven neighbors (called “compurgators”), who should avow upon their oaths that they believed in their consciences that he said the truth.

“Witenagemote: “The assembly of wise men.” This was the great national council or parliament of the Saxons in England, comprising noblemen, high ecclesiastics, and other great thanes of the kingdom, advising and aiding the king in the general administration of government.

             It was the grand council of the kingdom, and was held generally in the open air, by public notice or particular summons, in or near some city or populace town. These notices or summonses were issued by the king’s select council, or the body met without notice, when the throne was vacant, to elect a new king. Subsequently to the Norman Conquest it was called “commune concilium regni, cura regis”, and finally “parliament”; but it’s character had become considerably changed. It was a court of last resort, more especially for determining disputes between the king and his thanes, and, ultimately, from all inferior tribunals. Great offenders, particularly those who were members of or might be summoned to the kings court, were tried. The casual loss of title-deeds was supplied and a very extensive equity jurisdiction exercised. 1 Bl.Comm. 147. It passed out of existence with the Norman Conquest, and the subsequent Parliament was a separate growth, and not a continuation of the Witenagemot.

Witan: In Saxon law, wise men; persons of information, especially in the laws; the kings advisers; members of the king’s council; the opiates, or principal men of the kingdom.

Wite: Sax. A punishment, pain, penalty, mulct, or criminal fine. An atonement among the early Germans by a wrong-doer to the king or community. It is said to be the germ of the idea that wrong is not simply the affair of the injured individual, and is therefore a condition precedent to the growth of a criminal law.