Legal Term Dictionary

An engine of correction for common scolds, which in the Saxon language is said to signify the scolding-stool, though now it is frequently corrupted into ducking-stool, because the judgment was that, when the woman was placed therein, she should be plunged in the water for her punishment. It was also More...

An engine of correction for common scolds, which in the Saxon language is said to signify the scolding-stool, though now it is frequently corrupted into ducking-stool, because the judgment was that, when the woman was placed therein, she should be plunged in the water for her punishment. It was also variously called a "trebucket," "tumbrel," or "castiga-tory." 3 Inst. 219; 4 Bl. Comm. 169; Brown. James v. Comm., 12 Serg. ft R. (Pa.) 220. Less...

A term of French maritime law. See A CUEILLETTE.

A term of French maritime law. See A CUEILLETTE. Less...

(To whom before divorce.) A writ for a woman divorced from her husband to recover her lands and tenements which she had in fee-simple or in tall, or for life, from him to whom her husband alienated them during the marriage, when she could not gainsay it. Reg. Orig. 233,

(To whom before divorce.) A writ for a woman divorced from her husband to recover her lands and tenements which she had in fee-simple or in tall, or for life, from him to whom her husband alienated them during the marriage, when she could not gainsay it. Reg. Orig. 233, Less...

For whose good; for whose use or benefit "Cai bono is ever of great weight in all agreements." Parker, C. J., • 10 Mod. 135. Sometimes translated, for what good, for what useful purpose. Cuicunque aliquis quid eoncedit con-eedere videtur et id, sine quo res ipsa esse non potnit. 11 More...

For whose good; for whose use or benefit "Cai bono is ever of great weight in all agreements." Parker, C. J., • 10 Mod. 135. Sometimes translated, for what good, for what useful purpose. Cuicunque aliquis quid eoncedit con-eedere videtur et id, sine quo res ipsa esse non potnit. 11 Coke, 52. Whoever grants anything to another is supposed to grant that also without which the thing it-.self would be of no effect. Less...

(to whom in life.) A writ of entry for a widow against him to whom her husband aliened her lands or tenements in his life-time; which must contain in it that during his life she could not withstand it Reg. Orig. 232; Fitah. Nat Brev. 193. Cnl jnrisdietio data est, More...

(to whom in life.) A writ of entry for a widow against him to whom her husband aliened her lands or tenements in his life-time; which must contain in it that during his life she could not withstand it Reg. Orig. 232; Fitah. Nat Brev. 193. Cnl jnrisdietio data est, ea qnoqne ooneessa esse videntnr, sine quibus jnrisdietio explicari non potest. To whomsoever a jurisdiction is given, those things also are supposed to be granted, without which the jurisdiction cannot be exercised. Dig. 2, 1, 2. The grant of jurisdiction implies the grant of all powers necessary to Its exercise. 1 Kent, Comm. 339. Cni Jus est donandi, eidem et vendendi et ooneedendi jus est. He who has the right of giving has also the right of selling and granting. Dig. 50, 17, 163. Cuilibet in arte sua perito est ereden-dum. Any person skilled In his peculiar art or profession is to be believed, [». e., when he speaks of matters connected with such art] Co. Litt. 125a; Shelf. Mar. ft Div. 206. Credence should be given to one skilled In his peculiar profession. Broom, Max. 932. ! Coilibet licet jnri pro se introducto -renunclare. Any one may waive or renounce the benefit of a principle or rule of ttaw that exists only for his protection. Cal licet quod majni, non. debet quod minus est non lieere. He who is allowed tp do the greater ought not to be prohibited (from doing the less. He who has authority to do the more important act ought not to be debarred from doing what is of less importance. 4 Coke, 23. Cui. pater est populus non habet ille natrem. , He to whom the people is father has not a father. Co. Litt. 123. Caique in sua arte credendum e»t. Every one is to be believed in his own art. Dickinson v. Barber, 9 Mass. 227, 6 Am. •pec. 581 Cujus est eommodum ejus debet esse incommodum. Whose is the advantage, 'his also should be the disadvantage. , • Cujus est dare, ejus est disponere. •Wing. Max. 53. Whose it is to give, hia it is to dispose; or, as Broom says, "the be-stower of a gift has a right to regulate its .disposal." Broom, Max. 459, 461, 463, 464. Cujus est divisio, alterius est eleetio. Whichever [of two parties] has the division, '{of an estate,] the choice [of the shares] is the other's. Co. Litt. 166a. In partition between coparceners, where the division is made by the eldest, the rule in English law is tnat she shall choose her share last. Id.; 2 Bl. Comm. 189; 1 Steph. Comm. 323.- Cujus est dominium ejus est pericu-lum. The risk lies upon the owner of the subject. Tray. Lat. Max. 114. Cujus est instituere, ejus est abrogare. Whose right it is to institute, his right it is .to abrogate. - Broom, Max. 878, note. Cujus est solum ejus est usque ad eeelum. Whose is the soil, his it is up to the sky. Co. Litt. 4a. He who owns the soil, or surface of the ground, owns, or has an exclusive right to, everything which is upon or above it to an indefinite height. 9 Coke, 54; Shep. Touch. 90; 2 Bl. Comm. 18; 3 Bl. Comm. 217; Broom. Max. 395. Cujus est solum, ejus est usque ad coelum et ad inferos. To whomsoever the soil belongs, he owns also to the sky and to the, depths. The owner of a piece of land owns everything above and below it to an indefinite extent. Co. Litt. 4. Cujus juris (i. e., jurisdietionis) est prineipale, ejusdem juris erit acoesso-rium. 2 Inst. 493. An accessory matter is subject to the same jurisdiction as its principal. Cujfus per errorem dati' repetitio est, ejus consultb dati donatio est. He Who gives-a thing by mistake has a right to recover it back; but, if he gives designedly, it is a gift Dig. 50, 17, 53. Cujusque rei potissima pars est prin-eipium. The chiefest part of everything is the beginning. Dig. 1, 2, 1; 10 Coke, 49a. Less...

(Fr. the bottom of a sack.) A blind alley; a street which is open at one end only. Bartlett v. Bangor, 67 Me. 467; Perrin v. Railroad Co., 40 Barb. (N. Y.) 65; Talbott v. Railroad Co., 31 Grat (Va.) 691; Uickok v. Plattsburg, 41 Barb. (N. Y.) 135.

(Fr. the bottom of a sack.) A blind alley; a street which is open at one end only. Bartlett v. Bangor, 67 Me. 467; Perrin v. Railroad Co., 40 Barb. (N. Y.) 65; Talbott v. Railroad Co., 31 Grat (Va.) 691; Uickok v. Plattsburg, 41 Barb. (N. Y.) 135. Less...

In old records. The laying up a ship in a dock, in order to be repaired. Cowell; Blount.

In old records. The laying up a ship in a dock, in order to be repaired. Cowell; Blount. Less...

Lat A term, of the civil law, meaning fault, neglect, or negligence. There are three degrees of culpa^lata culpa, gross fault or neglect; levis culpa, ordinary fault or neglect; levissima culpa, slight fault or neglect,—and the definitions of these degrees are precisely the same as those in our law. Story, More...

Lat A term, of the civil law, meaning fault, neglect, or negligence. There are three degrees of culpa^lata culpa, gross fault or neglect; levis culpa, ordinary fault or neglect; levissima culpa, slight fault or neglect,—and the definitions of these degrees are precisely the same as those in our law. Story, Bailm. | 18. This term is to be distinguished from dolus, which means fraud, guile, or deceit. Culpa caret qui seit sed prohJbere non potest. He is clear of blame who knows, but cannot prevent Dig. 50, 17, 50. Culpa est immiseere se rei ad se non pertinent!. 2 Inst 208. It is a fault for any one to meddle in a matter not pertaining to him. Culpa lata dolo ssquiparatur. Gross negligence is held equivalent to intentional wrong. Culpa tenet [teneat] suos auctoref. Misconduct binds [should bind] its own authors. It is a never-failing axiom that every one is accountable only for his own delicts. Ersk. Inst. 4, 1, 14. Less...

Lat. In old English law. Guilty. Culpabilis dc intrusione,—guilty of intrusion. Fleta, lib. 4, c. 30, § 11. Aon culpa bills, (abbreviated to non cal.) In criminal procedure, the plea of "not guilty." See CULPRIT.

Lat. In old English law. Guilty. Culpabilis dc intrusione,—guilty of intrusion. Fleta, lib. 4, c. 30, § 11. Aon culpa bills, (abbreviated to non cal.) In criminal procedure, the plea of "not guilty." See CULPRIT. Less...

Blainable; censurable; involving the breach of a legal duty or the commission of a fault. The term is not necessarily equivalent to "criminal,"-for, in present use, and notwithstanding its derivation, it implies that the act or conduct spoken ot is reprehensible or wrong but not that It involves malice or More...

Blainable; censurable; involving the breach of a legal duty or the commission of a fault. The term is not necessarily equivalent to "criminal,"-for, in present use, and notwithstanding its derivation, it implies that the act or conduct spoken ot is reprehensible or wrong but not that It involves malice or a guilty purpose. "Culpable" in fact connotes fault rather than guilt ?Hallway Co. v. giayberg, 107 IU. 051; Bank T. Wright, $ Allen (Mass.) 121. As to culpable "Homicide," "Neglect," and "Negligence," see those titles. Culpa) poena par esto. Poena Ad men-nram delicti statnenda est.. Let the punishment be proportioned to the crime. Punishment is to be measured by the extent of the offense. Less...