Gilbert
v. U. S.. 1 Ct. CI. 34; State v. Kendall, 15 Neb. 202, 18 N. W. S5;
Wilson v. Coon (C. C.) 0 Fed. 014. In military law. Tbe clear and
particular description of tbe charges preferred against a person accused
of a military offense. Tytler, Mil. Law, 109; Carter v. Mc- Claughry,
183 U. S. 305, 22 Sup. Ct. 181, 40 L. Ed. 230. In the law of personal
property. The acquisition of title to a thing by working it into new
forms or species from tbe raw material; corresponding to the
spccificalio of the Roniau law. See Lampton v. Preston, 1 J. J. Marsh.
(Ky.) 402, 19 Am. Dec. 104. In practice. A detailed aud particular
enumeration of several points or matters urged or relied on by a party
to a suit or proceeding; as, a “specification of errors,” or a
“specification of grounds of oppositiou to a bankrupt’s discharge.” See
Railway Co. v. McArthur, 90 Tex. 05. 70 S. W. 317; In re Glass (D. C.)
119 Fed. 514.
Page:Black's Law Dictionary (Second Edition).djvu/441
EQUITY
Ellis v. Davis, 109 U. S. 435, 3 Sup. Ct. 327, 27 L. Ed. 1006.
"The meaning of the word ‘equity,’ as used in its technicai sense In
English jurisprudence, comes back to this. that it is simply a term
dl‘5ll'ip[iV€ of a certain field of jurisdiction ex- eimised. in the
English system, by certain courts, and of which the extent and
boundaries are not marked by lines founded upon inciple so much as by
the features of the original constitution of the English scheme of
remedial law, and the accidents of its development." Bisp. Eq. § 1.1.
A system of jurisprudence coilnterai to, and in some respects
independent of. "law." prop- erly so called; the object of vihich is to
render the ndministiuiiuu of justice more complete, by iilfording relief
where the courts of law are icnompetent to give it, or to give It with
ciIect, or by exercising certain branches of jurisdiction independently
of them. This is equity in its proper modern sense; an elaborate system
of rules and process. administered in many cases iy di. inct tribunals.
(termed “courts of chacnerv,") and with exclusive jurisdiction over
certain subjects. It is “still distinguished by its original and
animating principle that no right should he without an adequate remedy,"
and its doctrines are founded upon the same basis of natural justice;
but its action has become systematized. deprived of any loose and
arbitrary chnracter which might once have belonged to it and as
carefully regulated by fixed rules and precedents as the law itself.
Burrill.
Equity. in its technical and scientific legsl use, menus neither
natural justice nor even all that portion of natural justice which is
susceptible of being judicially enforced. It has a precise. limited, and
definite signification, and is used to denote a system of justice wbich
was administered in a particuiar court.—ths English high court of
chancery,—wliicli system can only be understood and erplnined by
studying the history of that court, and how it came to exer- cise what
is known as its extraordinary juris- diction. Bisp. Eq. § 1
That part of the law which, having power to enforce discovery, (1)
dministers trusts, mort- gnizes, and other fiduciary obligations; (2)
ad- ministers and adjusts common-I w rights where the courts of common
law have no machinery; (3) supplies a specific iind preventive remedy
r common-' w wrongs where courts of com- [!3(llll.]4lllW only give suhsequent damages. C-hute,
—-Equity, courts of. Courts which Bdlliillisr ter justice according
to the system of equity, and according to a peculiar course of
pl‘0(‘CdiiI'e or practice. Frequently termed "courts of chacncry." ‘See 1
Bl. Comm. 92.—Egui ' ' diction. This term includes of only the ordi-
niry meaning of the word "juriscliction.” the power residing in a court
to hear and determine an action, but also D. consideration of the cases
a_nd occasions when that power is to be exer- cised, in other words, the
question whether the action will lie in equity. Anderson v. Carr. ti’)
lliin, 170. 19 N. Y. Supp. 992: People v. Mc- Kune, 78 Hun, 15-1, 28 N.
Y. Supp. 9S1.—Eq- nity jurisprudence. That poriion of remedial justice
which is . .' y ' ’ ' PM by courts of equity, as distln,-zuisiied Erom
courts of (‘nl]'II'IJ()Il law. Jackson v. Nimmo, 3 Les (Tenn.)
6OD.—Equity of a. statute. By this phrase is intended the rule of
statutory construction which admits within the operation of a statute a
class of cases which are neither expresslv n.-imed nor excluded, but
which. from their anal- ogy to the cases that are named, are clearly
iind justly within the spirit and general meaning of the law; such cases
are said to be “within the equity of the statute."—Equity term. An
equity term of court is one devoted exclusively to equity business, that
is. in which no criminal (E11505 are tried nor any cases rcqui in: the
impaneling of a jury. Hesseigrave v. State, 63 Bl.Law Dict.(2d Ed.)—28
433
EQUETY DELIGHTS
Nab. 807, 89 N. W. 295.—Na.tura.1 equity. A term sometimes employed
in works on jurisprudence, possessing no very precise meaning, but used
as equivalent to justice, honesty, or morality in business relations, or
mzi_u's innate sense of right dealing and fair play. Inasmuch as
equity, as now administered. is a complex system of rules, doctrines,
and precedents, and
ossesscs, within the range of its ouii fixed principles, but little
more elasticity than the law, the term "naturai equiw" may be understood
to denote. in a general way. that which strikes the ordinary conscience
und se so of justice as being fair, right, and eqiiitaihie. in ail-
vunce of the question whether the twchnicai ju- risprudence of the
chancery courts viuuld so re- gard it.
5. Equity also signifies an equitable right. I. e., a right
enforceable in a court of equity; hence. :1 bill of conipiiilnt which
did not show that the plaintiff had a right entitling hl.in to relief
was said to be demurrnble for want of equity; and certain rights now
recognized in all the courts are still liumvn as ‘cqullie-s," from
having been originally recoguizeil only in the court of chancery. Sweet.
—Better equity. The right which. in a court of equity, in second
iDC|}IDll'l'-.il..Il.€I' has uiio has taken sccufities against
subsequent dealings to his prejudice, which a prior
ll.\(3IIlJlbl.'flIl\.tA neglected to take although he iind an
opportunity. 1 Ch. Free. 470, note; Bouv. Law Dict. See 3 Bouv. Inst.
note 24u2_—cnuntex-waning F equity. A contrary and hniancing equity; an
equity or right opposed to that which is sought to be enforced or
recognized, and which ought not to be sacrificed or subordinated to the
latter, because it is of equal strength and jiistice. and equally
deserving of consideration.—I.atent or secret equity. An equitable claim
or G right, the knovi ledge of which has been confined to the parties
for und against whom it exists. or which has been concezilod from one or
several persons interested in the subject-mntter.—Perfeet equity. An
equitable title or right Wilil"il iacks nothing to its completeness as a
legal title or right except the formal conveyance or other H
invcstitiire viliich would make it cognizable at law; particularly, the
equity or interest of ii purchaser of real estate who has paid the pur-
chnse price in full and fulfilicd all conditions resting on him but has
not yet received :1 dead or patent. See Shaw v. Liudsev. G0 -‘\in. 34-}
Smith v. Coekreli. 66 Ala "' —-Equity of partners. A term used to desi
unto the right of each of them to haie the firms property applied to the
payment of the firm‘s dcbts. ‘ - Well v. Bank, 16 R. I. 288, 17 At].
913.—Equity of redemption. The right, of the mort- gagor of an estate to
redeem the same after it has been forfeited, at law, by a hreach of the
condition of the mortgage. upon paying the amount of debt. intcrtvsl,
and costs. Navassa Guano Co. v. Ricliardson. 20 C. 4 ?-07: Scllwnod v.
Gray, 1 Or. 534. 5 Pac. 1'|i5‘ Pace v. Battles. 47 N. J. Eq. 170. ‘_‘0
At]. 3'32; Simons v. Bryce, 10 S. C. .-l’i‘.!.—Equ:ity to B
“ I The ' right of a wife.
when her husband sues in equity for the reduction of her equitable
estzite to his own pussession, to linve the vihoie or a portion of such
estate settled upon herself and her child--n. Also a similnr right now
recognized by the eoiiity courts as directly to be asserted against ‘b
husband. Also called “wife’s equity. Poindexter v. Jeffiies. 15 Grat.
(V'n.) 393; glarke v. McCreory, 12 Sinedes & Iii. (Miss)
54.
an
.—-
Equity delights to do justice, and that not by halves. Tallmsin v. Varicic. 5 Barb.
(N. 1.) 277. 2so; Story, Eq. r1. 5 72 M
https://en.wikisource.org/wiki/Page:Black%27s_Law_Dictionary_(Second_Edition).djvu/441
In the period of more than thirty five years since the publication
of the Third Edition, the law has undergone substantial changes and
developments. The vocabulary of the law has shown corresponding
change and growth. A word, in the often quoted dictum of Mr. Justice
Holmes, is "the skin of a living thought," and the words of statutes
and judicial opinions reflect the contemporary thinking of legislators
and jurists. In order adequately to represent this thinking in the
fourth edition, a patient examination was made of the thousands of
opinions handed down by the appellate courts each year. Some revi-
sions and additions have been included in this Revised Fourth Edi-
tion
A NOTE ON PRONUNCIATION OF LATIN
One of the difficulties in pronouncing legal terms is that one com-
monly hears both the English system and the Roman system of pro-
nouncing Latin words. Before 1900, the English pronunciation of
Latin had developed for legal, medical, and other scientific terms.
During the second half of the nineteenth century, scholars estab-
lished that what is now known as the Roman pronunciation was used
between 50 B.C. and 50 A.D. Nearly all schools in English-speaking
countries adopted the Roman system of pronunciation. But by and
large, the English pronunciation has persisted among lawyers, physi-
persons and merchandise are
allowed to pass into and out of the realm,
PORTIO LEGITIMA. Lat. In the civil law. The
birthright portion; that portion of an inheritance
to which a given heir is entitled, and of which he
cannot be deprived by the will of the decedent,
without special cause, by virtue merely of his re-
lationship to the testator.
SPIRITUAL. Relating to religious or ecclesiasti-
cal persons or affairs, as distinguished from "sec-
ular" or lay, worldly, or business matters. John-
son v. State, 107 Miss. 196, 65 So. 218, 220, 51 L.R.
A., N.S., 1183.
As to spiritual "Corporation," "Courts," and
"Lords," see those titles.
SPIRITUALITIES OF A BISHOP. Those profits
which a bishop receives in his ecclesiastical char-
acter, as the dues arising from his ordaining and
instituting priests, and such like, in contradistinc-
tion to those profits which he acquires in his tem-
poral capacity as a baron and lord of parliament,
and which are termed his "temporalities," consist-
ing of certain lands, revenues, and lay fees, etc.
Cowell
1572
SPONSIO
SPIRITUALITY OF BENEFICES. In ecclesiasti-
cal law. The tithes of land, etc. Wharton.
What is CAPACITY?
Legal capacity
is the attribute of a person who can acquire new rights, or transfer
rights, or assume duties, according to the mere dictates of his own
will, as manifested in juristic acts, without any restraint or hindrance
arising from his status or legal condition. Ability; qualification; legal power or right. Applied in this sense to the attribute of persons (natural or artificial)
growing out of their status or juristic condition, which enables them
to perform civil acts; as capacity to hold lands, capacity to devise,
etc. Burgett v. Barrick, 25 Kan. 530; Sargent v. Burgett, 90 Ga. Ill, 22
S. E. COT.
TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.
L.
Lat. A creature of the law; an artificial being, as contrasted with a
natural person. Applied to corporations, considered as deriving their
existence entirely from the law. Related Legal Terms & Definitions
PERSON A man considered according to the rank he holds in society, with all the rights…
ARTIFICIAL Created by art, or by law; existing only by force of or In contemplation of…
ARTIFICIAL PERSONS Persons created and devised by human laws for the purposes of society and government as…
ARTIFICIAL PERSON In a figurative sense, a body of men or company are sometimes called an artificial…
NATURAL PERSON A living, breathing human being, as opposed to a legal entity such as a corporation.…
NATURAL FRUITS The natural production of trees, bushes, and other plants, for the use of men and…
CAPACITY Legal capacity is the attribute of a person who can acquire new rights, or transfer…
MUNICIPAL CORPORATION A public corporation, created by government for political purposes, and having subordinate and local powers…
Definition of ATTRIBUTE:
1.an appealing element an item has that will make a customer want to
buy it. It is what the seller wants you to think about their product.
The aggregate of the moral qualities which belong to and distinguish an individual person ; the general result of the-one’s distinguishing attributes. ... How Do You Prove a Defamation of Character Claim? ... Did you find this definition of CHARACTER helpful?
The law of persons is the law of status or condition. ... create an artificial man, but it can and frequently does invest him with artificial attributes. ... From Black's Law Dictionary, 4th edition, here is the definition for the word "include": include.
Ch. 1: Of the Relation of Laws to Different Beings
But the intelligent world is far from being so well governed as
the physical. For though the former has also its laws, which of their
own nature are invariable, it does not conform to them so exactly as the
physical world. This is because, on the one hand, particular
intelligent beings are of a finite nature, and consequently liable to
error; and on the other, their nature requires them to be free agents.
Hence they do not steadily conform to their primitive laws; and even
those of their own instituting they frequently infringe.
https://en.wikiquote.org/wiki/The_Spirit_of_the_Laws
meaning of chnracter and it comes up Charcter.
char·ac·ter
ˈkerəktər/
noun
noun: character; plural noun: characters
1.
the mental and moral qualities distinctive to an individual.
"running away was not in keeping with her character"
synonyms:
personality, nature, disposition, temperament, temper, mentality, makeup; More
