Legal Term Dictionary

Establishment of dower.

Establishment of dower. Less...

In public law. The organic and fundamental law of a nation or state, which may be written or unwritten, establishing the character and conception of its government laying the basic principles to which its internal life is to be conformed, organizing the government, and regulating, distributing, and limiting the functions More...

In public law. The organic and fundamental law of a nation or state, which may be written or unwritten, establishing the character and conception of its 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 its different departments, and prescribing the extent and manner of the exercise of sovereign powers. In a more general sense, any fundamental or Important law or edict; as the Novel Constitutions of Justinian; the Constitutions of Clarendon. In American law. 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 all the 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. Cooley, Const Llm. 8. Less...

Consistent with the constitution; authorized by the constitution; not conflicting with any provision of tbe constitution or fundamental law of the state. Dependent upon a constitution, or secured or regulated by a constitution; as "constitutional monarchy," "constitutional rights." —Constitutional convention. A duly constituted assembly of delegates or representatives of the More...

Consistent with the constitution; authorized by the constitution; not conflicting with any provision of tbe constitution or fundamental law of the state. Dependent upon a constitution, or secured or regulated by a constitution; as "constitutional monarchy," "constitutional rights." —Constitutional convention. A duly constituted assembly of delegates or representatives of the people of a state or nation for the purpose of framing, revising, or amending its constitution.—Constitutional liberty or freedom. Such freedom as is enjoyed by the citizens of a country or state under the protection of its constitution; the aggregate of those personal, civil, and political rights of the individual which are guarantied by the constitution and secured against invasion by the government or any of its agencies. People v. Hurlbut, 24 Mich. 106, 9 Am. Rep. 108.—Constitutional law. (1) That branch of the public law of a state which treats of the organization and frame of government, the organs and powers of sovereignty, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and subject, and which prescribes generally the plan and method according to which the public affairs of the 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 to 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 the constitution of the particular state.—Constitutional officer. One whose tenure and term of office are fixed and defined by the constitution, as distinguished from the incumbents of offices created l>y the legislature. Foster v. Jones, 70 Va. 642, 52 Am. Rep. 637; People v. Scheu, 60 App. Div. 592, 69 N. Y. Supp. 597. Less...

Laws promulgated, i. e., enacted, by the Roman Emperor. They were of various kinds, namely, the following: (1) Edicta; (2) decreta; (3) re-scripta, called also, "epistolw." Sometimes they were general, and Intended to form a precedent for other like cases; at other times they were special, particular, or Individual, (personates,) More...

Laws promulgated, i. e., enacted, by the Roman Emperor. They were of various kinds, namely, the following: (1) Edicta; (2) decreta; (3) re-scripta, called also, "epistolw." Sometimes they were general, and Intended to form a precedent for other like cases; at other times they were special, particular, or Individual, (personates,) and not intended to form a precedent. The emperor had this power of irresponsible enactment by virtue of a certain leaf regia, whereby he was made the fountain of Justice and of mercy. Brown. % Oonstitntiones tempore posteriores po-tiores sunt bis quae ipsas praBcesserunt. Dig. 1, 4, 4. Later laws prevail over those which preceded them. Less...

See CLARENDON.

See CLARENDON. Less...

In the civil law. One who, by a simple agreement, becomes responsible for the payment of another's debt.

In the civil law. One who, by a simple agreement, becomes responsible for the payment of another's debt. Less...

In the civil law. An agreement to pay a subsisting debt which exists without any stipulation, whether of the promisor or another party. It differs from a stipulation in that it must be for an existing debt Du Cange. Constitution esse cam domum uni-ouiquo nostrum deboro eadstimari, uM qnisqne cedes More...

In the civil law. An agreement to pay a subsisting debt which exists without any stipulation, whether of the promisor or another party. It differs from a stipulation in that it must be for an existing debt Du Cange. Constitution esse cam domum uni-ouiquo nostrum deboro eadstimari, uM qnisqne cedes et tabulas baberet, suar-umquo rerun constltutionem fecisset. It is settled that that is to be considered the home of each one of us where he may have his habitation and account-books, and where he may have made an establishment, of his business. Dig. 50, 16, 203. Less...

This term is held to be exactly equivalent with "restraint" Ed- . mondson v. Harris, 2 Tenn. Ch. 427. In Scotch law. Constraint means duress.

This term is held to be exactly equivalent with "restraint" Ed- . mondson v. Harris, 2 Tenn. Ch. 427. In Scotch law. Constraint means duress. Less...

To build; erect; put together; make ready for use. Morse v. West-Port, 110 Mo. 502, 19 S. W. 831; Contas v. Bradford, 206 Pa. 291, 55 Atl. 989. Construotio legis non faoit injuriam. The construction of the law (a construction made by the law) works no Injury. Co. Litt 183; More...

To build; erect; put together; make ready for use. Morse v. West-Port, 110 Mo. 502, 19 S. W. 831; Contas v. Bradford, 206 Pa. 291, 55 Atl. 989. Construotio legis non faoit injuriam. The construction of the law (a construction made by the law) works no Injury. Co. Litt 183; Broom, Max. 603. The law will make such a construction of an instrument as not to Injure a party. Less...

The process, or the art of determining the sense, real meaning, or proper explanation of obscure or ambiguous terms or provisions in a statute, written instrument, or oral agreement, or the application of such subject to the case in question, by reasoning In the light derived from extraneous connected circumstances More...

The process, or the art of determining the sense, real meaning, or proper explanation of obscure or ambiguous terms or provisions in a statute, written instrument, or oral agreement, or the application of such subject to the case in question, by reasoning In the light derived from extraneous connected circumstances or laws or writings bearing upon the same or a connected matter, or by seeking and applying the probable aim and purpose of the provision. It is to be noted that this term is properly distinguished from interpretation, although the two are often used synonymously. In strictness, Interpretation is limited to exploring the written text, while construction goes beyond and may call In the aid of extrinsic considerations, as above indicated. Strict and liberal construction. Strict construction is construction of a statute or other instrument according to its letter, which recognizes nothing that is not expressed, takes the language used in its exact and technical meaning, and admits no eqni table considerations or implications. Paving Co. v. Watt 51 La. Ann. 1345, 26 South. 70; Stanyan v. Peterborough, 69 N. II. 372, 46.Atl. 191. Liberal construction, on the other hand, expands the meaning of the statute to meet cases which are clearly within the spirit or reason of the law, or within the evil which it was designed te remedy, provided such an interpretation is not inconsistent with the language used; it resolves all reasonable doubts in favor of tbe applicability of the statute to the particular case. Black, lnterp. Laws, 282; Lawrence v. McCalmont, 2 How. 449, 11 L. Ed. 326; In re Johnson's Estate. 98 Cal. 531, 33 Pac. 460, 21 L. R. A. 380; Shorey v. Wyckoff, 1 Wash. T. 351. —Construction, court of. A court of equity or of common law, as the case may be, is called the court of construction with regard to wills, as opposed to the court of probate, whose duty is to decide whether an instrument be a will at all. Now, the court of probate may decide that t given instrument is a will, and yet the court of construction may decide that it has no operation, by reason of perpetuities, illegality, uncertainty, etc Wharton.—Equitable construction. A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affairs involved than to the strict application of the rule or remedy; that is, a liberal and extensive construction, as opposed to a literal and restrictive. Smiley v. Sampson, 1 Neb. 91. Less...