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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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ARALIA
Plow-lands. Land fit for the plow. Denoting the character of land, rather than its condition. Spelman.

Plow-lands. Land fit for the plow. Denoting the character of land, rather than its condition. Spelman. Less...
ARATOR
A plow-man; a farmer of arable land.

A plow-man; a farmer of arable land. Less...
ARATRUM TERRA
In old English law. A plow of land; a plow-land; as much land as could be tilled with one plow. Whishaw.

In old English law. A plow of land; a plow-land; as much land as could be tilled with one plow. Whishaw. Less...
ARATURA TERRA
The plowing of land by the tenant, or vassal, in the service of his lord. Whishaw.

The plowing of land by the tenant, or vassal, in the service of his lord. Whishaw. Less...
ARATURIA
Land suitable for the plow; arable land. Spelman.

Land suitable for the plow; arable land. Spelman. Less...
ARBITER
A person chosen to decide a controversy; an arbitrator, referee. A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who may proceed wholly at his own discretion, so that it be according to the judgment of a sound man. Cowell. According More...

A person chosen to decide a controversy; an arbitrator, referee. A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who may proceed wholly at his own discretion, so that it be according to the judgment of a sound man. Cowell. According to Mr. Abbott, the distinction is as follows: "Arbitrator" is a technical name of a person selected with reference to an established system for friendly determination of controversies, which, though not judicial, is yet regulated by law; so that the powers and duties of the arbitrator, when once he is chosen, are prescribed by law, and his doings may be judicially revised if he has exceeded his authority. "Arbiter" is an untechnical designation of a person to whom a controversy is referred, irrespective of any law to govern the decision; and is the proper word to signify a referee of a question outside of or above municipal law. But it is elsewhere said that the distinction between arbiters and arbitrators is not observed in modern law. Russ. Arb. 112. In the Roman law. A judge invested with a discretionary power. A person appointed by the praetor to examine and decide that class of causes or actions termed "bonaei fidei" and who had the power of judging according to the principles of equity, (ex aequo et bono;) distinguished from the judex, (q. v.,) who was bound to decide according to strict law. Inst 4, 6, 30, 31. Less...
ARBITRAMENT
The award or decision of arbitrators upon a matter of dispute, which has been submitted to them. Termes de la Ley. —Arbitrament and award. A plea to an action brought for the same cause which had been submitted to arbitration and on which an award had been made. Wats. Arb. More...

The award or decision of arbitrators upon a matter of dispute, which has been submitted to them. Termes de la Ley. —Arbitrament and award. A plea to an action brought for the same cause which had been submitted to arbitration and on which an award had been made. Wats. Arb. 256. Arbitramentnm sequum tribuit cuique suum. A just arbitration renders to every one his own. Noy, Max. 24S. Less...
ARBITRARY
Not supported by fair, solid, and substantial cause, and without reason given. Treloar v. Blgge, L. R. 9 Exch. 155. —Arbitrary government. The difference between a free and an arbitrary government is that in the former limits are assigned to those to whom the administration is committed, but the latter More...

Not supported by fair, solid, and substantial cause, and without reason given. Treloar v. Blgge, L. R. 9 Exch. 155. —Arbitrary government. The difference between a free and an arbitrary government is that in the former limits are assigned to those to whom the administration is committed, but the latter depends on the will of the departments or some of them. Kamper v. Hawkins, 1 Va. Cas. 20, 23.—Arbitrary punishment. That punishment which is left to the decision of the judge, in distinction from those defined by statute. Less...
ARBITRATION
In practice. The investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called "arbitrators," or "referees." Duren v. Getchell, 55 Me. 241; Henderson v. Beaton, 52 Tex. 43; Boy-den v. Lamb, 152 Mass. 416, 25 More...

In practice. The investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called "arbitrators," or "referees." Duren v. Getchell, 55 Me. 241; Henderson v. Beaton, 52 Tex. 43; Boy-den v. Lamb, 152 Mass. 416, 25 N. E. 609; In re Curtis-Castle Arbitration, 64 Conn. 501. 30 Ati. 769, 42 Am. St. Rep. 200. Compulsory arbitration is that which takes place when the consent of one of the parties is enforced by statutory provisions. Voluntary arbitration is that which takes place by mutual and free consent of the parties. In a wide sense, this term may embrace the whole method of thus settling controversies, and thus Include all the various steps. But in more strict use, the decision is separately spoken of, and called an "award," and the "arbitration" denotes only the submission and hearing. —Arbitration clause. A clause inserted in a contract providing for compulsory arbitration in case of dispute as to rights or liabilities under it; ineffectual if it purports to oust the courts of jurisdiction entirely. See Perry v. Cobb. 88 Me. 435, 34 Atl. 278, 49 L. R. A. 389. —Arbitration of exchange. This takes place where a merchant pays his debts in one country by a bill of exchange upon another. Less...
ARBITRATOR
A private, disinterested person, chosen by the parties to a disputed question, for the purpose of hearing their contention, and giving judgment between them; to whose decision (award) the litigants submit themselves either voluntarily, or, in some cases, coinpulsorily, by order of a court. Gordon v. U. S., 7 Wall. More...

A private, disinterested person, chosen by the parties to a disputed question, for the purpose of hearing their contention, and giving judgment between them; to whose decision (award) the litigants submit themselves either voluntarily, or, in some cases, coinpulsorily, by order of a court. Gordon v. U. S., 7 Wall. 195, 19 L. Ed. 35; Mobile v. Wood (C. C.) 95 Fed. 538; Burchell v. Marsh, 17 How. 349, 15 L. Ed. 96; Miller v. Canal Co., 53 Barb. (N. Y.) 595; Fudickar v. Insurance Co., 62 N. Y. 399. "Referee" is of frequent modern use as a synonym of arbitrator, but is in its origin of broader signification and less accurate than arbitrator. Less...

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