Legal Term Dictionary

1. A partition or railing running across a court-room, Intended to separate the general public from the space occupied by the judges, counsel, jury, and others concerned in the trial of a cause. In the English courts it is the partition behind which all outer-barristers and every member of the More...

1. A partition or railing running across a court-room, Intended to separate the general public from the space occupied by the judges, counsel, jury, and others concerned in the trial of a cause. In the English courts it is the partition behind which all outer-barristers and every member of the public must stand. Solicitors, being officers of the court are admitted within it; as are also queen's counsel, barristers with patents of precedence, and Serjeants, in virtue of their ranks. Parties who appear in person also are placed within the bar on the floor of the court. 2. The term also designates a particular part of the court-room; for example, the place where prisoners stand at their trial, whence the expression "prisoner at the bar." 3. It further denotes the presence, actual or constructive, of the court. Thus, a trial at bar is one had before the full court distinguished from a trial had before a single judge at nisi prius. So the "case at bar" is the case now before the court and under its consideration; the case being tried or argued. 4. In the practice of legislative bodies, the bar is the outer boundary of the house, and therefore all persons, not being members, who wish to address the house, or are summoned to it appear at the bar for that purpose. 5. In another sense, the whole body of attorneys and counsellors, or the members of the legal profession, collectively, are figuratively called the "bar," from the place which they usually occupy in court They are thus distinguished from the "bench," which term denotes the whole body of judges. 6. In tbe law of contracts, "bar" means an Impediment, an obstacle, or preventive barrier. Thus, relationship within the prohibited degrees is a bar to marriage. In this sense also we speak of the "bar of the statute of limitations." 7. It further means that which defeats, annuls, cuts off, or puts an end to. Thus, a provision "in bar of dower" is one which has the effect of defeating or cutting off the dower-rights which the wife would otherwise become entitled to in the particular land. 8. In pleading, it denoted a special plea, constituting a sufficient answer to an action at law; and so called because it barred, i. e., prevented, the plaintiff from further prosecuting it with effect, and, if established by proof, defeated and destroyed the action altogether. Now called a special "plea in bar." See PLEA IN BAR. Less...

In English law. A fee taken by the sheriff, time out of mind, for every prisoner who is acquitted. Bac. Abr. "Extortion." Abolished by St. 14 Geo. III. c. 26; 55 Geo. III. c. 50; 8 & 9 Vict. c. 114.

In English law. A fee taken by the sheriff, time out of mind, for every prisoner who is acquitted. Bac. Abr. "Extortion." Abolished by St. 14 Geo. III. c. 26; 55 Geo. III. c. 50; 8 & 9 Vict. c. 114. Less...

Span. A concubine, whom a man keeps alone in his house,. unconnected with any other woman. Las Par-tidas, pt 4, tit. 14. Baratriam eommittit qui propter pecuniam justitiam baractat. He is guilty of barratry who for money sells justice. Bell.

Span. A concubine, whom a man keeps alone in his house,. unconnected with any other woman. Las Par-tidas, pt 4, tit. 14. Baratriam eommittit qui propter pecuniam justitiam baractat. He is guilty of barratry who for money sells justice. Bell. Less...

In old Lombardic law. An uncle, (patruus.)

In old Lombardic law. An uncle, (patruus.) Less...

In old European law. Money paid to support a barbican or watch-tower.

In old European law. Money paid to support a barbican or watch-tower. Less...

L. Fr. (Modern Fr. brebis.) Sheep. See Millen v. Fawen, Bendloe, 171, "home ove petit chien chase barbitts."

L. Fr. (Modern Fr. brebis.) Sheep. See Millen v. Fawen, Bendloe, 171, "home ove petit chien chase barbitts." Less...

A person to whose fiduciary office no duties were originally attached, or who, although such duties were originally attached to his office, would, on the requisition of his cestuis que trust, be compellable in equity to convey the estate to them or by their direction. 1 Ch. Div. 279.

A person to whose fiduciary office no duties were originally attached, or who, although such duties were originally attached to his office, would, on the requisition of his cestuis que trust, be compellable in equity to convey the estate to them or by their direction. 1 Ch. Div. 279. Less...

L. Fr. A wrangling suit Britt c. 92; Co. Litt. 308ft.

L. Fr. A wrangling suit Britt c. 92; Co. Litt. 308ft. Less...

A mutual undertaking, contract or agreement. A contract or agreement between two parties, the one to sell goods or lands, and the other to buy them. Hunt v. Adams, 5 Mass. 360, 4 Am. Dec. 68; Sage v. Wilcox, 6 Conn. 91; Bank v. Archer, 16 Miss. 192. "If the More...

A mutual undertaking, contract or agreement. A contract or agreement between two parties, the one to sell goods or lands, and the other to buy them. Hunt v. Adams, 5 Mass. 360, 4 Am. Dec. 68; Sage v. Wilcox, 6 Conn. 91; Bank v. Archer, 16 Miss. 192. "If the word 'agreement' imports a mutual act of two parties, surely the word 'bargain' is not less significative or the consent of two. In a popular sense, the former word is frequently used as declaring the engagement of one only. A man may agree to pay money or to perform some other act, and the word is then used synonymously with 'promise' or 'engage.' But the word 'bargain' is seldom used, unless to express a mutual contract or undertaking." Packard v. Richardson, 17 Mass. 131, 9 Am. Dec. 123. -Bargainee. The party to a bargain to whom the subject-matter of the bargain or thing bargained for is to go; the grantee in a deed of bargain and sale.-Bargainor. The party to a bargain who is to perform the contract by delivery of the subject-matter.-Catching bargain. A bargain by which money is loaned, at an extortionate or extravagant rate, to an heir or any one who has an estate in reversion or expectancy, to be repaid on the vesting of his interest; or a similar unconscionable bargain with such person for the purchase outright of his expectancy. Less...

In conveyancing. The transferring of the property of a thing from one to another, upon valuable consideration, by way of sale. Shep. Touch, (by.Preston,) 221. A contract or bargain by the owner of land, in consideration of money or its equivalent paid, to sell land to another person, called the More...

In conveyancing. The transferring of the property of a thing from one to another, upon valuable consideration, by way of sale. Shep. Touch, (by.Preston,) 221. A contract or bargain by the owner of land, in consideration of money or its equivalent paid, to sell land to another person, called the "bargainee," whereupon a use arises in favor of the latter, to whom the seisin is transferred by force of the statute of uses. 2 WTashb. Real Prop. 128; Brlttin v. Freeman, 17 N. J. Law, 231; Iowa v. McFarland, 110 U. S. 471, 4 Sup. Ct. 210, 28 L. Ed. 198; Love v. Miller, 53 Ind. 296, 21 Am. Rep. 192; Slifer v. Beates, 9 Serg. & R. (Pa.) 176. The expression "bargain and sale" is also applied to transfers of personalty, In cases where there is first an executory agreement for the sale, (the bargain,) and then an actual and completed sale. The proper and technical words to denote a bargain and sale are "bargain and sell;" but any other words that are sufficient to raise a use upon a valuable consideration are sufficient 2 Wrood."Conv. 15; Jackson ex dem. Hudson v. Alexander, 3 Johns. 484, 3 Am. Dec. 517. Less...