Legal Term Dictionary

A part or portion of a meadow is so called; and the word has the general signification of share, portion, or the like; as "to dole out" anything among so many poor persons, meaning to deal or distribute in portions to them. Holthouse. In Scotch law. Criminal intent; evil design. More...

A part or portion of a meadow is so called; and the word has the general signification of share, portion, or the like; as "to dole out" anything among so many poor persons, meaning to deal or distribute in portions to them. Holthouse. In Scotch law. Criminal intent; evil design. Bell, Diet. voc. "Crime." Less...

Slips of pasture left between the furrows of plowed land.

Slips of pasture left between the furrows of plowed land. Less...

Sax. A wound. Spelman.

Sax. A wound. Spelman. Less...

A recompense for a scar or wound. CowelL

A recompense for a scar or wound. CowelL Less...

Lat. See Dolus.

Lat. See Dolus. Less...

The unit employed In the United States in calculating money values. It is coined both in gold and silver, and is of the value of one hundred cents.

The unit employed In the United States in calculating money values. It is coined both in gold and silver, and is of the value of one hundred cents. Less...

In Spanish law. Bad or mischievous design. White, New Recop. b. 1,-tit 1, c. 1, i 3. Dolo faoit qui petit quod redditurus est. He acts with guile who demands that which he will have to return. Broom, Max. 346. Dolo malo pactum se non servaturum. Dig. 2, 14, 7, More...

In Spanish law. Bad or mischievous design. White, New Recop. b. 1,-tit 1, c. 1, i 3. Dolo faoit qui petit quod redditurus est. He acts with guile who demands that which he will have to return. Broom, Max. 346. Dolo malo pactum se non servaturum. Dig. 2, 14, 7, | 9. An agreement Induced by fraud cannot stand. Dolosus ?ermatur In generalibus. A person intending to deceive deals in general terms. Wing. Max. 636 ; 2 Coke, 34a; 6 Clark A F. 699; Broom, Max. 289. Dolum ex indieiis perspiouis probari eon-renit. Fraud should be proved by clear tokens. Code, 2, 21, 6; 1 Story, Cont. f 625. Less...

In the civil law. Guile; deceitfulness; malicious fraud. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4, 3, 1. Any subtle contrivance by words or acts with a design to circumvent. 2 Kent, Comm. 560; Code, 2, 21. Such acts or omissions as operate as More...

In the civil law. Guile; deceitfulness; malicious fraud. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4, 3, 1. Any subtle contrivance by words or acts with a design to circumvent. 2 Kent, Comm. 560; Code, 2, 21. Such acts or omissions as operate as a deception upon the other party, or violate the just confidence reposed by him, whether there be a deceitful intent {mains animus) or not. Poth. Tralte de Depot, nn. 23, 27; Story, Bailm. i 20a; 2 Kent, Comm. 506, note Fraud, willfulness, or intentionality. In that use it is opposed to culpa, which is negligence merely, in greater or less degree; The policy of the law may sometimes treat extreme culpa as if it were dolus, upon the maxim culpa dolo comparatur. A person is always liable for dolus producing damage, but not always for culpa producing damage, even though extreme, e. p., a depositary la only liable for dolus, and not for negligence. Brown. -Dolus bonus, dolus mains. In a wide sense, the Roman law distinguishes between o'good," or rather "permissible" dolus and "bad" or fraudulent dolus. The former is justifiable or allowable deceit: it is that which a man may employ in self-defense against an unlawful attack, or for another permissible purpose, as when one dissembles the truth to prevent a lunatic from injuring himself or others. The latter exists where one intentionally misleads another or takes advantage of another's error wrongfully, by any form of deception, fraud, or cheating. Mackeld. Rom. Law, ? 179; Broom, Max. 349 ; 2 Kent, Comm. 560, note.-Dolus dans locum oontractuL Fraud (or deceit) giving rise to the contract; that is, a fraudu-ent misrepresentation made by one of the parties to the contract, and relied upon by the other, and which was actually instrumental in inducing the latter to enter into the contract.-DoH eapax. Capable of malice or criminal intention; having sufficient discretion and intelligence to distinguish between right and wrong, and so to become amenable to the criminal laws.-Doll inoapax. Incapable of criminal Intention or malice; not of the age of discretion; not possessed of sufficient discretion and intelligence to distinguish between right and wrong to the extent of being criminally responsible for his actions. Dolus auctoris non nocet sueoessort. The fraud of a predecessor prejudices not his successor. Dolus drouitu non purgatur. Fraud is not purged by circuity. Bac. Max. 4; Broom, Max. 228. Dolus est macbiwatio, cum aliud dis-simulat aliud agit. Lane, 47. Deceit is an artifice, since it pretends one thing and does another. Dolus et fraus nemini patrocinentur, (patrooinari debent.) Deceit and fraud shall excuse or benefit no man. Yearb. 14 Hen. VIII. 8; Best Ev. p. 469, 8 428; 1 Story, Eq. Jur. f 395. Dolus latet in generalibus. Fraud lurks in generalities. Tray. Lat. Max. 162. Dolus Tersatur in ogeneralibus. Fraud deals in generalities. 2 Coke, 34a; 3 Coke, 81a. Less...

PROC. An abbreviation of Do-mus Proccmm or Dome Procerum; the house of lords in England. Sometimes expressed by the letters D. P.

PROC. An abbreviation of Do-mus Proccmm or Dome Procerum; the house of lords in England. Sometimes expressed by the letters D. P. Less...

The complete and absolute ownership of land; a paramount and individual right of property in land. People v. Shearer, 30 Cal. 65a . Also the real estate so owned. The inherent sovereign power claimed by the legislature of a state, of controlling private property for public uses, Is termed the More...

The complete and absolute ownership of land; a paramount and individual right of property in land. People v. Shearer, 30 Cal. 65a . Also the real estate so owned. The inherent sovereign power claimed by the legislature of a state, of controlling private property for public uses, Is termed the "right of eminent domain." "2 Kent, Comm. 339. See EMINENT DOMAIN." A distinction has been made between "property" and "domain." The former is said to be that quality which is conceived to be in the thing itself, considered as belonging to such or such person, exclusively of all others. By the latter is understood that right which the owner has of disposing of the thing. Hence "domain" and "property" are said to be correlative terms. The one is the active right to dispose of; the other a passive quality which follows the thing and places it at the disposition of the owner. "3 Toullier, no. 83." --National domain. A term sometimes applied to the aggregate of the property owned directly by a nation. Civ. Code La. 1900, art. 486.-Public domain. This term embraces all lands, the title to which is in the United States, including as well land occupied for the purposes of federal buildings, arsenals, dock-yards, etc., as land of an agricultural or mineral character not yet granted to private owners. Barker v. Harvey, 181 U. S. 481, 21 Sup. Ct. 690, 45 L. Ed. 963; Day Land & Cattle Co. v. State, 68 Tex. 526 4 S. W. 865. Less...