Legal Term Dictionary

The exercise of arguing questions of law or equity, raised for the purpose. See MOOT.

The exercise of arguing questions of law or equity, raised for the purpose. See MOOT. Less...

Lat In the civil law. Delay: default; neglect; culpable delay or default Calvin.

Lat In the civil law. Delay: default; neglect; culpable delay or default Calvin. Less...

Sax. A moor; barren or unprofitable ground; marsh; a heath; a watery bog or moor. Go. Litt 5; Fleta, L 2" c. 71. -Mora mviu, A watery or boggy moor; a morass. Mora reprobatnr in lege. Delay is reprobated in law. Jenk. Cent p. 51, case 97.

Sax. A moor; barren or unprofitable ground; marsh; a heath; a watery bog or moor. Go. Litt 5; Fleta, L 2" c. 71. -Mora mviu, A watery or boggy moor; a morass. Mora reprobatnr in lege. Delay is reprobated in law. Jenk. Cent p. 51, case 97. Less...

1. Pertaining or relating to the conscience or moral sense or to the general principles of right conduct. "2. Cognizable or enforceable only by the conscience or by the principles of right conduct as distinguished from positive law." "3. Depending upon or resulting from probability; raising a belief or conviction More...

1. Pertaining or relating to the conscience or moral sense or to the general principles of right conduct. "2. Cognizable or enforceable only by the conscience or by the principles of right conduct as distinguished from positive law." "3. Depending upon or resulting from probability; raising a belief or conviction in the mind independent of strict or logical proof." "4. Involving or affecting the moral sense; as in the phrase "moral insanity."" -Moral actions. Those only in which men have knowledge to guide them, and a will to choose for themselves. Ruth. Inst lib. 1, c i. -Moral certainty. In the law of criminal evidence. That degree of assurance which induces a man of sound mind to act without doubt, upon the conclusions to which it leads. Wills. Circ. Ev. 7. A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it State v. Orr, 64 Mo. 339; Bradley v. Stote, 31 Ind. 492; Ross v. Montana Union Ry. Co. (C. C.) 45 Fed. 425; Pharr v. State, 10 Tex. App. 485; Territory v. McAndrews, 3 Mont 158. A high degree of impression of the truth of a fact, falling short of absolute certainty, but sufficient to justify a verdict of guilty, even in a capital case. See Burrill, Circ. Bv. 198-200. The phrase "moral certainty" has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. It was observed by Puf-fendorf that, "when we declare such a thing to be morally certain, because it has been confirmed by credible witnesses, this moral certitude is nothing else but a strong presumption grounded on probable reasons, ana which very seldom fails and deceives us." "Probable evidence," says Bishop Butler, in the opening sentence of his Analogy, "is essentially distinguished from demonstrative by this: that it admits of degrees, and of all variety of them, from the highest moral certainty to the very lowest presumption." Com. v. Costley, 118 Mass. 23.-Moral evidenoe. See EVIOENCE.-Moral fraud. This phrase is one of the less usual designations of "actual" or "positive" fraud or "fraud in fact," as distinguished from "constructive" fraud or "fraud in law." It means fraud which involves actual guilt, a wrongful purpose, or moral obliquity.-Moral haaard. See HAZARD.-Moral insanity. See INSANITY.- Moral law. The law of conscience; the aggregate of those rules and principles of ethics which relate to right and wrong conduct and prescribe the standards to which the actions of men should conform in their dealings with each other. See Moore v. Strickling, 46 W. Va. 515, 33 S. E. 274, 50 L. R. A. 279.-Moral obligation. See OBLIGATION. Less...

Lat. For the purpose of delaying or post* poning payment or performance.

Lat. For the purpose of delaying or post* poning payment or performance. Less...

Lat. He delays in law. The phrase describes the action of one who demurs, because the party does, not proceed in pleading, but rests or abides upon the judgment of the court on a certain point as to the legal sufficiency of his opponent's pleading. The court deliberate and determine More...

Lat. He delays in law. The phrase describes the action of one who demurs, because the party does, not proceed in pleading, but rests or abides upon the judgment of the court on a certain point as to the legal sufficiency of his opponent's pleading. The court deliberate and determine thereupon. Less...

Otherwise called "Herrn-hutters" or "United Brethren." A sect of Christians whose social polity is particular and conspicuous. It sprung up in Moravia and Bohemia, on the opening of that reformation which stripped the chair of St Peter of so many votaries, and gave birth to so many denominations of Christians. More...

Otherwise called "Herrn-hutters" or "United Brethren." A sect of Christians whose social polity is particular and conspicuous. It sprung up in Moravia and Bohemia, on the opening of that reformation which stripped the chair of St Peter of so many votaries, and gave birth to so many denominations of Christians. They give evidence on their solemn affirmation. 2 Steph. Comm. 338a. Less...

Lat In the civil law. A sickness which rendered a man incapable of attending to business.

Lat In the civil law. A sickness which rendered a man incapable of attending to business. Less...

Lat In old pleading. In husband-like manner. Townsh. PL 198.

Lat In old pleading. In husband-like manner. Townsh. PL 198. Less...

This phrase, Inserted in a conveyance of land immediately after the statement of the quantity of land conveyed, means that such statement is not to be taken as a warranty of the quantity, but only an approximate estimate, and that the tract or parcel described is to pass, without regard More...

This phrase, Inserted in a conveyance of land immediately after the statement of the quantity of land conveyed, means that such statement is not to be taken as a warranty of the quantity, but only an approximate estimate, and that the tract or parcel described is to pass, without regard to ah excess or deficiency in the quantity it actually contains. See Brawley v. U. S., 96 U. S. 16* 24 L. Ed. 622; Crislip V. Cain, 19 W. Va. 438; Tyler v. Anderson, 106 Ind. 185, 6 N. E. 600; Jenkins v. Bolgiano, 53 Md. 420; Solinger v. Jewett 25 Ind. 479, 87 Am. Dec 872; Young v. Craig, 2 Bibb (Ky.) 270. Less...