libel (n.
)
c. 1300, "formal written statement, a writing of any kind," especially, in civil law, "plaintiff's statement of
charges" (mid-14c.); from Old French libelle (fem.) "small book; (legal) charge, claim; writ; written report"
(13c.), from Latin libellus "a little book, pamphlet; petition, written accusation, complaint," diminutive of liber
"book" (see library). Meaning "false or defamatory statement" is from 1610s. Specific legal sense of "any
published or written statement likely to harm a person's reputation" is first attested 1630s.
also from c. 1300
libel (v.)
mid-15c., "make an initial statement setting out a plaintiff's case," from libel (n.), which see for sense
development. Meaning "defame or discredit by libelous statements" is from c. 1600. Related: Libeled; libelled;
libeling; libelling; libellant; libellee.
also from mid-15c.
Entries linking to libel
library (n.)
place for books, late 14c., from Anglo-French librarie, Old French librairie, librarie "collection of books;
bookseller's shop" (14c.), from Latin librarium "book-case, chest for books," and libraria "a bookseller's shop,"
in Medieval Latin "a library," noun uses of the neuter and fem., respectively, of librarius "concerning books,"
from Latin librarium "chest for books," from liber (genitive libri) "book, paper, parchment."
Latin liber (from Proto-Italic *lufro-) was originally "the inner bark of trees," and perhaps is from PIE *lubh-ro-
"leaf, rind," a derivative of the PIE root *leub(h)- "to strip, to peel" (see leaf (n.)). Comparing Albanian labë
"rind, cork;" Lithuanian luobas "bast," Latvian luobas "peel," Russian lub "bast," de Vaan writes that, "for want
of a better alternative, we may surmise that liber is cognate with *lubh- and goes back to a PIE word or a
European word 'leaf, rind.'"
The equivalent word in most Romance languages survives only in the sense "bookseller's shop" (French libraire,
Italian libraria). Old English had bochord, literally "book hoard." As an adjective, Blount (1656) has librarious.
libelous (adj.)
also libellous, "defamatory, containing that which exposes another to public hatred, contempt, or ridicule,"
1610s, from libel (n.) + -ous. Related: Libelously; libelousness.
Ius in re
Ius in re, or jus in re, under civil law, more commonly referred to as a real right or right in rem, is a right in property,
known as an interest under common law. A real right vests in a person with respect to property, inherent in his relation
to it, and is good against the world. The primary real right is ownership.
Jus commercii is a Latin term that means "right of commerce." In Roman and civil law, it refers to the legal right to
make contracts, acquire and transfer property, and conduct business transactions.
Example: A person who owns a business has the right to enter into contracts with suppliers, customers, and
employees. They can also buy and sell property, such as land, buildings, and equipment, as well as transfer
ownership of their business to someone else.
Explanation: The example illustrates the definition of jus commercii by showing how it gives individuals the
legal right to engage in various business activities. Without this right, people would not be able to conduct
transactions, acquire property, or transfer ownership of their businesses. Jus commercii is an essential aspect of
commercial law that enables businesses to operate and grow.
jus san·gui·nis : a rule that a child's citizenship is determined by its parents' citizenship / Latin, right of blood
jus so·li : a rule that the citizenship of a child is determined by the place of its birth
Jus Gentium
Etymology: Latin, law of nations
jus abutendi
Roman & civil law
: a right to make full use of property even to wasting or destroying it : absolute and unlimited ownership with
the power of free alienation
jus utendi
: a personal right or servitude of one gratuitously for the needs of himself and his family and without profit to
make use of another's property without consuming it or destroying its substance or capacity for future profit
pray (v.)
early 13c., preien, "ask earnestly, beg (someone)," also (c. 1300) in a religious sense, "pray to a god or saint,"
from Old French preier "to pray" (c. 900, Modern French prier), from Vulgar Latin *precare (also source of
Italian pregare), from Latin precari "ask earnestly, beg, entreat," from *prex (plural preces, genitive precis)
"prayer, request, entreaty," from PIE root *prek- "to ask, request, entreat."
From early 14c. as "to invite." The deferential parenthetical expression I pray you, "please, if you will," attested
from late 14c. (from c. 1300 as I pray thee), was contracted to pray in 16c. Related: Prayed; praying.
Praying mantis attested from 1809 (praying locust is from 1752; praying insect by 1816; see mantis). The
Gardener's Monthly of July 1861 lists other names for it as camel cricket, soothsayer, and rear horse. also from
early 13c.
prey (n.)
mid-13c., preie, "animal hunted for food, that which is seized by any carnivorous animal to be devoured" (also,
figuratively, of souls captured by Satan, etc.), also "goods taken in war," from Old French preie "booty, animal
taken in the chase" (mid-12c., Modern French proie), from Latin praeda "booty, plunder; game hunted."
This is from earlier praeheda, literally "something seized before," from PIE *prai-heda-; for the first element see
prae-; the second element is related to the second element in prehendere "to grasp, seize" (from PIE root
*ghend- "to seize, to take").
The meaning "act of preying or seizing upon anything" is from early 14c.; bird of prey is from late 14c. (fowl
of prey is mid-14c.).
prey (v.)
c. 1300, "to plunder, pillage, ravage," from prey (n.) and in part from Old French preer, earlier preder (c.1040),
from Late Latin praedare, collateral form of Latin praedari "to take booty, plunder, pillage; catch animals as
game," from praeda "booty, plunder; game hunted." Its sense of "to kill and devour" (an animal) is attested in
English from mid-14c. Related: Preyed; preyer; preying.
Trier
city in Germany (French Trèves), founded c. 15 B.C.E. by Augustus, named for the indigenous Gaulish people,
the Treveri.
tried (adj.)
"tested, proven, trusty," mid-14c., past-participle adjective from try (v.). Coupled since mid-14c. with true.
also from mid-14c.
try (v.)
c. 1300, "examine judiciously, discover by evaluation, test;" mid-14c., "sit in judgment of," also "attempt to do,"
from Anglo-French trier (13c.), from Old French trier "to pick out, cull" (12c.), from Gallo-Roman *triare, of
unknown origin. The ground sense is "separate out (the good) by examination." Sense of "subject to some
strain" (of patience, endurance, etc.) is recorded from 1530s. To try on "test the fit of a garment" is from 1690s;
to try (something) on for size in the figurative sense is recorded by 1946. Try and instead of try to is recorded
from 1680s.
untried (adj.)
1510s, "not proven or tested," from un- (1) "not" + tried.
ex post facto law
noun
: a civil or criminal law with retroactive effect
especially : a law that retroactively alters a defendant's rights especially by criminalizing and imposing punishment for an
act that was not criminal or punishable at the time it was committed, by increasing the severity of a crime from its level
at the time the crime was committed, by increasing the punishment for a crime from the punishment imposed at the
time the crime was committed, or by taking away from the protections (as evidentiary protection) afforded the
defendant by the law as it existed when the act was committed
Note: Ex post facto laws are prohibited by Article I, Section 9 of the U.S. Constitution.
SUSPENSION, eccl. law. An ecclesiastical censure, by which a spiritual person is either
interdicted tho
exercise of his ecclesiastical function, or hin-dered from receiving the profits of his benefice. It
may be
partial or total; for a limited time, or forever, when it is called deprivation or amotion. Ayl.
Parerg. 501.
AMORTISE, contracts. To alien lands in mortmain. AMOTION. In corporations and
companies, is the act of removing an officer from his office; it differs from disfranchisement,
which is applicable to members, as such. Wille. on Corp. n. 708. The power of amotion is
incident to a corporation. 2 Str. 819;
1 Burr. 639.
2. In Rex v. Richardson, Lord Mansfield specified three sorts of offences for which an officer
might be discharged; first, such as have no immediate relation to the office, but are in
themselves of so infamous a nature, as to render the offender unfit to execute any public
franchise; secondly, such as are only against his oath, and the duty of his office as a corporator,
and amount to breaches of the tacit condition annexed to his office; thirdly, the third offence is
of a mixed nature; as being an offence not only against the duty of his officer but also a matter
indictable at common law. 2 Binn. R. 448. And Lord Mansfield considered the law as settled,
that though a corporation has express power of amotion, yet for the first sort of offences there
must be a previous indictment and conviction; and that there was no authority since Bagg's
Case, 11 Rep. 99, which says; that the power of trial as well as of amotion, for the second
offense, is not incident to every corporation. He also observed: "We think that from the reason
of the thing, from the nature of the corporation, and for the sake of order and good government,
this power is
incident as much as the power of making by-laws." Doug. 149. See generally, Wilcock on Mun.
Corp. 268; 6 Conn. Rep. 632; 6 Mass. R. 462; Ang. & Am. on Corpor. 236.
AMOTION, tort. An amotion of possession from an estate, is an ouster which happens by a
species of disseisin or turning out of the legal propritor before his estate is determined. 3 Bl.
Com. 198, 199.
Amotion is also applied to personal chattels when they are taken unlawfully out of the
possession of the owner, or of one who has a special property in them.
DISFRANCHISEMENT. The act of depriving a member of a corporation of his right as such,
by
expulsion. 1 Bouv. Inst. n. 192.
2. It differs from amotion, (q. v.) which is applicable to the removal of an officer from office,
leaving
him his rights as a member. Willc. on Corp. n. 708; Ang. & Ames on Corp. 237; and see
Expulsion.
When an Estate is trespassed on, it is awarded an Ex Parte case to resolve all matters
EX PARTE. Of the one part. Many things may be done ex parte, when the opposite party has
had
notice; an affidavit or deposition is said to be taken ex parte when only one of the parties
attends to
taking the same. Ex parte paterna, on the side of the father, or property descended to a person
from his
father; ex parte materna, on the part of the mother.
Stipulate - STIPULATION, contracts. In the Roman law, the contract of stipulation was made
in the following
manner, namely; the person to whom the promise was to be made, proposed a question to him
from
whom it was to proceed, fully expressing tho nature and extent of the engagement and, the
question so
proposed being answered in the affirmative, the obligation was complete.
2. It was essentially necessary that both parties should speak, (so that a dumb man could not
enter into a
stipulation) that the person making the promise should answer conformably to the specific
question,
proposed, without any material interval of time, and with the intention of contracting an
obligation.
http://www.constitution.org/bouv/bouvier_s.htm (89 of 121)10/10/2005 2:36:15 PM
Bouvier's Law Dictionary, 1856 Edition - Letter S
3. From the general use of this mode of contracting, the term stipulation has been introduced
into
common parlance, and, in modern language, frequently refer's to any thing which forms a
material
article of an agreement; though it is applied more correctly and more conformably to its original
meaning to denote the insisting upon and requiring any particular engagement. 2 Evans' Poth.
on Oblig.
19.
4. In this contract the Roman law dispensed with an actual consideration. See, generally,
Pothier, Oblig.
P. 1, c. 1, s. 1, art. 5.
5. In the admiralty courts, the first process is freq uently to arrest the defendant, and then they
take the
recognizances or stipulation of certain fide jussors in the nature of bail. 3 Bl. Comm. 108; vide
Dunlap's
Adm. Practice, Index, h. t.
6. These stipulations are of three sorts, namely: l. Judicatum solvi, by which the party is
absolutely
bound to pay such sum as may be adjudged by the court. 2 De judico sisti, by which he is bound
to
appear from time to time, during the pendency of the suit, and to abide the sentence. 3. De ratio,
or De
rato, by which he engages to ratify the acts of his proctor: this stipulation is not usual in the
admiralty
courts of the United States.
7. The securities are taken in the following manner, namely: 1. Cautio fide jussoria, by sureties.
2.
Pignoratitia; by deposit. 3. Juratoria, by oath: this security is given when the party is too poor to
find
sureties, at the discretion of the court. 4. Aude promissoria, by bare promise: this security is
unknown in
the admiralty courts of the United States. Hall's Adm. Pr. 12; Dunl. Adm. Pr. 150, 151. See 17
Am. Jur.
51.
SUR CUI ANTE DIVORTIUM. The name of a writ issued in favor of the heir of the wife,
where the
hushand alienated the wife's lands, during the coverture, and afterwards they were divorced and
she
died, to recover the lands from the alienee. Vide Cui ante divortium.
SURCHARGE, chancery practice. When a bill is filed to open an account, stated, liberty is
sometimes given to the plaintiff to surcharge and falsify such account. That is, to examine not
only errors of fact, but errors of law. 2 Atk. 112; 11 Wheat. 237; 2 Ves. 565.
2. "These terms, `surcharge,' and `falsify,'" says Mr. Justice Story, 1 Eq. Jur. §525, "have a
distinct sense in the vocabulary of courts of equity, a little removed from that, which they bear
in the ordinary language of common life. In the language of common life, we understand
`surcharge' to import an overcharge in quantity, or price, or degree, beyond what is just and
reasonable. In this sense, it is nearly equivalent to `falsify;' for every item, which is not truly
charged, as it should be, is false; and by establishing such overcharge it is falsified. But, in the
sense of courts of equity, these words are used in contradistinction to each other. A surcharge is
appropriately applied to the balance of the whole account; and supposes credits to be omitted,
which ought to be allowed. A falsification applies to some item in the debets; and supposes, that
the item is wholly false, or in some part erroneous. This distinction is taken notice of by Lord
Hardwicke; and the words used by him are so clear, that they supersede all necessity for farther
commentary. `Upon a liberty to the plaintiff to surcharge, and falsify,' says he, `the onus
probandi is always on the party having that liberty; for the court takes it as a stated account, and
establishes it. But, if any of the parties can show an omission, for which credit ought to be, that
is, a surcharge, or if anything is inserted, that is a wrong charge, he is at liberty to show it, aud
that is a falsification. But that must be by proof on his side. And that makes a great difference
between the general cases of an open account, and were only [leave] to surcharge and falsify;
for such must be made out."
Alien: A-Lien –
signature of agency
7 CFR Subpart K - Subpart K—Certificates of
Beneficial Ownership and Insured Notes
7 CFR § 1901.508 - Servicing of insured notes
outstanding with investors.