Legal Definitions

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Driver. One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. A person actually doing driving, whether employed by owner to drive or driving his own vehicle. Wallace v. Woods, 340 Mo. 452, 102 S.W.2d 91, 97. Black’s Law Dictionary, 4th Ed. 1951, p. 585

Driver. One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. A person actually doing driving, whether employed by owner to drive or driving his own vehicle. Wallace v. Woods, 340 Mo. 452, 102 S.W.2d 91, 97. Black’s Law Dictionary, 4th Ed. Revised 1968, p. 585

Employed. This signifies both the act of doing a thing and the being under contract or orders to do it. To give employment to; to have employment. State v. Birmingham Beauty Shop, Ala., 198 So. 435, 436. Black's Law 4th Ed. p. 617

Operate. This word, when used with relation to automobiles, signifies a personal act in working the mechanism of the automobile; that is, the driver operates the automobile for the owner, but the owner does not operate the automobile unless he drives it himself. Beard v. Clark, Tex.Civ. App., 83 S.W.2d 1023, 1025. Black's Law 4th Edition revised page 1243

"It will be observed from the language of the ordinance that a distinction is to be drawn between the terms 'operator' and `driver'; the `operator' of the service car being the person who is licensed to have the car on the streets in the business of carrying passengers for hire; while the `driver' is the one who actually drives the car. However, in the actual prosecution of business, it was possible for the same person to be both 'operator' and `driver.'" Newbill vs. Union Indemnity Co., 60 SE.2d 658 (1933)

Public road. A highway; a road or way established and adopted (or accepted as a dedication) by the proper authorities for the use of the general public, and over which every person has a right to pass and to use it for all purposes of travel or transportation to which it is adapted and devoted. The proper test in determining whether road is a "public" or a "private road" is use to which such roadway is put, and fact that road has been constructed at public expense is not conclusive. Kitchens v. Duffield, 83 Ohio App. 41, 76 N.E.2d 101, 105, 38 O.O. 142. Black's Law Dictionary 6th Ed. page 1329

Driver's license. The state issued certificate authorizing a person to operate a motor vehicle. It is also often used as a form of Identification.[Cases: Automobiles West 136.]Black's Law 9th Ed. page 569

Commerce. The exchange of goods, productions, or property of any kind; the buying selling, and exchanging of articles. Anderson v. Humbile Oil and Refining Co., 226 Ga. 252, 174 S.E.2d 425, 417. The transportation of persons and property by land, water, and air. Union Pacific R. Co. v. State Tax Commissioner, 19 Utah 2d 236, 429 P.2d 983 984.  Intercourse y way of trade and traffic between different peoples or states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the instrumentalities and agencies by which it is promoted and the means and appliances by which it is carried on, and transportation of persons as well as goods, both by land and sea. Brennan v. Titusville, 153 U.S. 289, 14 S.CT. 829, 38 L.Ed. 710; Railroad Co. v. Fuller, 84 U.S. 308, 33 S.Ct. 281. 57 L.Ed. 523. Also interchange of ideas, sentiments, etc., as between man and man.   The term "commerce" means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any foreign country. National Labor Relations Act § 2.   For purposes of Fair Labor Standards Act, "commerce" means trade, commerce, transportation, transmission, or communication among the several states or between any state and any place outside thereof. Wirtz v. B. B. Saxon Co., C.A.Fl., 365 f.2D 457, 460. Black's Law Dictionary 6th Ed. p.269

Traffic- 1. "Commerce, trade, the sale or exchange of such things as merchandise, bills, money. 2. The passing or exchange of goods or commodities from one person to another for an equivalent in goods or money. Black’s Law Dictionary 9th Edition page 1634

Traffic- 1. Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing of exchange of goods or commodities from one person to another for an equivalent in goods or money. The subjects of transportation on a route, as persons or goods; the passing to and fro of persons, animals, vehicles, or vessels, along a route of transportation, as along a street, highway, etc. See Commerce. Black's Law Dictionary 6th Ed. p.1495

Transportation. The movement of goods or persons from one place to another, by a carrier. Interstate Commerce Com'n v. Brimson, 154 U.S. 447, 14S.Ct. 1125, 38 L.E.d 1047. Black's Law Dictionary 6th Ed. p. 1499

Intrastate Commerce. Commerce within a state, as opposed to commerce between states (i.e. interstate). See also Balance of Interests; Commerce. Compare Interstate commerce. Black's Law Dictionary 6th Ed. p.823

Interstate.Between two or more states; between places or persons in different states; concerning or affecting two or more states politically or territorially. Compare Intrastate commerce Black's Law Dictionary 6th Ed. p. 819

Interstate commerce. Traffic, intercourse, commercial trading, or the transportation of persons or property between or among the several stated of the Union, or from or between points in one state and points in another state; commerce between two states, or between places lying in different states. Gibbons v. Orden, 22 U.S. (9 Wheat.) 1, 6 L.Ed. 23; Wabash,etc. R. Co. v. Illinois, 118 U.S. 557, 7 S.Ct. 4, 30 L.Ed. 244. It comprehends all the component parts of commercial intercourse between different states. Furst v. Brewster, 282 U.S. 493, 51 S.Ct. 295, 296, 75 L.Ed. 478. See Balancing of interests. Black's Law Dictionary 6th Ed. p. 819

Interstate Commerce Act. The act of congress of February 4, 1887 (49 U.S.C.A. § 10101 et seq.), designed to regulate commerce between the states, and particularly the transportation of persons and property, by carriers, between interstate points. Black's Law Dictionary 6th Ed. p. 819

Carrier. Individual or organization of engaged in the transporting passengers or goods for hire. Black's Law Dictionary 6th Ed. p.214

Common carrier. A commercial enterprise that holds itself out to the public as offering to transport freight or passengers for a fee. A common carrier is generally required by law to transport freight or passengers or freight, without refusal, if the approved fare or charge is paid. - Also termed public carrier. [Cases: Carriers West 4.]  "[A] 'common carrier' is bond to take all goods of the kind which he usually carries, unless his conveyance is full, or the goods be specifically dangerous; but may charge different rates to different customers." Thomas E. Holland, The elements of Jurisprudence 299 (13th ed. 1924). Black's Law Dictionary 8th Ed. p.226

Voluntary Conveyance. A conveyance made without valuable consideration, such as a deed in favor of a relative. 2. The transfer of a property right that does not pass by delivery of a thing or merely by agreement. 3. The transfer of an interest in real property from one living person to another, by means of an instrument such as a deed. 4. The document (usu. a deed) by which such as transfer occurs.[Cases:Deeds West3 C.J.S. Deeds §§ 1-8.] 5. "A means of transport; a vehicle." 6. Bankruptcy. A transfer of an interest in real or personal property, including an assignment, a release, a monetary payment, or the creation of a lien or encumbrance.- Also termed (in sense 6) bond for deed. See FRAUDULENT CONVEYANCE; PREFERENTIAL TRANSFER. Black's Law Dictionary 8th Ed. p. 358

Chauffeur. Defined by the New York Motor Vehicle (Highway) Law as anyone operating or driving a motor vehicle as an employee for hire. People v. Fulton, 96 Misc. 663, 162 N.Y.S. 125, 126; People ex rel. McCaul v. Lough (Sp. Sess.) 159 N.Y.S. 990. Statutes elsewhere contain substantially similar definitions. See Burns' Ann. St. Ind. 1926 §10084; Black's Law Dict. 3rd Ed. page 317-318

Chauffeur. An operator who directly or indirectly receives compensation for operating motor vehicle. Turner v. State, 226 Ala. 269, 146 So. 601. Operators who drive jitneys in cities and towns for hire. Day v. Bush, 18 La.App. 682, 139 So. 42, 44. Person employed or paid to operate, drive and attend car. People v. Fulton, 96 Misc. 663, 162 N.Y.S. 125, 126; Des Moines Rug Cleaning Co. v. Automobile Underwriters, 215 Iowa 246, 245 N.W. 215, 217; State v. Depew, Md., 175 Md. 274, 1 A.2d 626, 627. 

Test whether person is a chauffeur is whether he operated motor vehicle in whole or part-time employment, whether he was at such time an employee, servant, agent, or independent contractor, and whether he was paid for his service. Maryland Casualty Co. v. Cronholm, D.C.Tex., 32 F.Supp. 375, 377. Black's Law Dict. 4th Ed. page 300 

Chauffeur. A person employed to operate and attend motor vehicle for another. Black's Law Dict. 5th Ed. page 215

Chauffeur. A person employed to operate and attend motor vehicle for another. Black's Law Dict. 6th Ed. page 237

Ingress. The act, or right of, entering. Access; entrance. Black's law Dictionary 6th Ed. page 782

Ingress, egress, and regress. These words express the right (e.g. of a lessee) to enter, go upon, and return from the lands in question. Black's Law Dictionary 6th Ed. page 782

Egress. The path or opening by which a person goes out; exit. The means or act of going out. Black's Law Dictionary 6th Ed. page 515

Regress.To return, go back or re-enter. Used principally in the phrase "free entry, egress, and regress" but it is also used to signify the reentry of a person who has been disseised of land. Black's Law Dictionary 6th Ed. page 1285

Ingress. The act, or right of, entering. Access; entrance. Black's Law Dictionary 5th Ed. page 703

Ingress, egress, and regress. These words express the right (e.g. of a lesee) to enter, go upon, and return from the lands in question. Black's Law Dictionary 5th Ed. page 703

Egress. The path by which a person goes out; exit. The means or act of going out. Often used interchangeably with the word "access." C. Hacker Co. v. City of Joliet, 196 Ill.App. 415, 423. Black's Law Dictionary 5th Ed. page 463

Liberty. The "personal liberty" guaranteed by Thirteenth Amend., U.S. Const., consists in the power of locomotion without imprisonment or restraint unless by due course of law, except those restraints imposed to prevent commission of threatened crime or in punishment of crimes committed, those in punishment of contempts of courts or legislative bodies or to render their jurisdiction effectual, and those necessary to enforce the duty citizens owe in defense of the state to protect community against acts of those who by reason of mental infirmity are incapable of self-control. Ex parte Hudgins, 86 W. Va. 526, 103 S.E. 327, 329.

Black's Law 6th Ed. page 918-919

Personal liberty. The right or power of locomotion; of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law. Civil Rights cases, 109 U.S. 3, 3 S.Ct. 42, 27 L. Ed. 835. Black's Law 6th Ed. page 919

Locomotion. 

1. The action or power of moving from one place to another;

This personal liberty consists in the power of loco-motion, of changing situation,

or removing one's person to whatsoever place one's own inclination may direct;

without restraint, unless by due course of law. 1768-74 Tucker Lt. Nat. (1834) Il. 395.

2. Movement from place to place, esp. by artificial means; travel; also the means of traveling. 1788 R. Graves Recoll. Shenstone 96 

Locomotion. https://www.merriam-webster.com/dictionary/locomotions merriam-websters 1828 online version:

lo·​co·​mo·​tion | \ ˌlō-kə-ˈmō-shən \ Definition of locomotion

1 : an act or the power of moving from place to place 

2 : travel interest in free locomotion and choice of occupation— Zechariah Chafee Jr.

Motorcycle. A motorcycle is a "motor vehicle" within the meaning of registration laws. People v. Smith, 156 Mich. 173, 120 N.W. 581, 21 L.R.A. (N.S.) 41, 16 Ann. Cas. 607. Black's Law 3rd Ed. page 1209

Carriage. Transportation of goods, freight or passengers. 5th Ed. page 194

Carriage. Transport of freight or passengers. 8th Ed. page 226

License. The permission by competent authority to do an act which, without such permission, would be illegal, a trespass, or a tort. People v. Henderson, 391 Mich. 612, 218 N.W.2d. 2, 4. Certificate or the document itself which gives permission. Black's Law Dictionary 5th Ed. page 829

Licensee. A person licensed; one who holds a license. Texas-Louisiana Power Co. v. Webster, 127 Tex. 126, 91 S.W. 2d 302. Black's Law Dictionary 4th Ed. page 1070

License fee or tax. Charge imposed by sovereign for a privilege. Pennsylvania Liquor Control Board v. Publicker Commercial Alcohol Co., 347 Pa. 555, 32 A.2d 914, 917. Black's Law Dictionary 4th Ed. page 1069

License tax. A license, strictly so-called, imposed in exercise of the ordinary police power of the state, or a tax, laid in the exercise of the power of taxation. State v. Commercial Loan Co., 251 Ala. 672, 38 So.2d 571, 573. See license fee or tax, supra.

Black's Law Dictionary 4th Ed. page 1070

Streets and Ways. City having right to regulate use of it streets by motor vehicles for hire may issue licenses; license being permission. Ex parte Schutte, 118 Tex.Cr.R 182, 42 S.W.2d 252, 255. Permissive use and license as synonymous, Aldine Realty Co. of Pittsburgh v. Manor Real Estate & Trust Co., 297 Pa. 583, 148 A. 56, 58. Black's Law Dictionary 4th Ed. pages 1068-1069

Streets and highways. A permit to use street is a mere license revocable at pleasure. City of Boston v. A. W. Perry, Inc., 304 Mass. 18, 22 N.E.2d 627, 630; Lanham v. Forney, 196 Wash. 62, 81 P.2d 777, 779. The privilege of using the streets and highways by the operation thereon of motor carriers for hire can be acquired only by permission or license from the state or its political subdivisions. Black's Law Dictionary 5th Ed. p. 830

Permission. A license to do a thing; an authority to do an act which, without such authority would have been unlawful. An act of permitting, formal consent, authorization, leave, license or liberty granted, and it has a flexible meaning depending upon the sense in which used. Winterton v. Van Zandt, Mo., 351 S.W. 2d 696, 700. See Authority; Certificate; License; Permit. Black's Law Dictionary 5th Edition page 1026

PERMIT. In general, any document which grants a person the right to do something. A license or grant of authority to do a thing. Matter of Building Permit and Zoning, 29 N.C.App. 749, 225 S.E.2d 647, 649. A written license or warrant, issued by a person in authority, empowering the grantee to do some act not forbidden by law, but not allowable without such authority. Black's Law Dictionary 5th Ed. page 1027

PERMIT. n. A certificate evidencing permission; a license <a gun permit>. Black's Law 8th Edition page 1176

Easement of access. Right of ingress and egress to and from the premises of a lot owner to a street appurtenant to the land of the lot owner. Black's Law 6th ed. page 510

Private or public easements. A private easement is one in which the enjoyment is restricted to one or a few individuals, while a public easement is one the right to the enjoyment of which is vested in the public generally or in an entire community; such as an easement of passage on the public streets and highways or of navigation on a stream. Black's Law 6th Ed. page 510

Stop. "Stop" occurs when police officer restrains person's liberty by physical force or show of authority. State v. Butkovich, 87 Or.App. 587, 743 P.2d 752, 753. "Stop," within the term stop and frisk, is a temporary restraint of a person's freedom to walk away and is permissible seizure within the Fourth Amendment dimensions when such a person is suspected of being involved in a past, present or pending criminal activity. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed. 2d 889; State v. Anonymous (1971-20), Conn.Cir. 583, 280 A.2d 816, 818. See also Stop and frisk. Black's Law Dictionary 6th Ed. page 1420.

Stop and frisk. The situation where police officers who are suspicious of an individual run their hands lightly over the suspect's outer garments to determine if the person is carrying a concealed weapon. Also called a "patdown" or "threshold inquiry." a stop and frisk is intended to stop short of any activity that could be considered a violation of Fourth Amendment rights. A police officer has the right to stop and pat down a person suspected of contemplating the commission of a crime. Reasonable suspicion which is sufficient for stop and frisk is more than a mere hunch but less than probable cause. U.S. v. Sokolow, 109 S.Ct. 1581, 104 L.Ed.2d 1. The scope of the search must be strictly tied to and justified by the circumstances which rendered the initiation of the stop justified. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed. 2d 889. See frisk; Investigatory stop; Stop. Black's Law Dictionary 6th Ed. page 1420

Common law. As distinguished from statutory law created by the enactment of legislatures, the common law comprises the body of the those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from the usages and customs of immemorial antiquity, or from the judgements and decrees of the courts recognizing, affirming and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England. In general it is a body of law that develops and derives through judicial decisions, as distinguished from legislative enactments. The "common law" is all the statutory and case law background of England and the American colonies before the American Revolution. People v. Rehman, 253 C.A.2d 119, 61 Cal. Rptr. 65, 85. It consists of those principles, usage and rules of action applicable to government security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature. Bishop v. U.S., Tex., 334 F.Supp. 415, 418. 

As distinguished from ecclesiastical law, it is the system of jurisprudence administered by the purely secular tribunals.

Calif. Civil Code, Section 22.2 provides that the "common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States, or the Constitution or the laws of this State, is the rule of decision in all the courts of this state." In a Broad sense, "common law" may designate all that part of the positive law, juristic theory, and ancient custom of any state or nation which is of general and universal application, thus marking of special or local rules or customs. For Federal common law see that title. As a compound adjective "common law" is understood as contrasted with or opposed to statutory and sometimes also to "equitable" or to "criminal." Black's Law Dictionary 6th Ed. p. 276-277

Unwritten law. All that portion of the law, observed and administered in the courts, which has not been enacted or promulgated in the form of a statute or ordinance, including the unenacted portions of the common law, general and particular customs having the force of law, and the rules, principles, and maxims established by judicial precedents or the successive like decisions of the courts. See Natural law. Black's Law Dictionary 6th Ed. p. 1540

Common-law action. Action governed by common law, rather than statutory, equitable, or civil law. Black's Law Dictionary 6th Ed. p. 276

Case system. A method of teaching or studying the science of the law by a study of the cases historically, or by the inductive method. It was first introduced in the Law School of Harvard University in 1869-70 by Christopher C. Langdell, Dane Professor of Law. See case book. Black's Law Dictionary 6th Ed. page 216

Hermeneutics. The science or art of construction and interpretation. By the phrase "legal hermeneutics" is understood the systematic body of rules which are recognized as applicable to the construction and interpretations of legal writings. Black's Law Dictionary 6th Ed. page 727.

Construction. Interpretation of statute, regulation, court decision or other legal authority. The process, or the art, of determining the sense, real meaning, or proper explanation of obscure, complex or ambiguous terms or provisions in a statute, written instrument, or oral agreement, or the application of such subject to the case in question, by reasoning in the light derived from extraneous connected circumstances or laws or writings bearing upon the same or a connected matter, or by seeking and applying the probable aim and purpose of the provision. Drawing conclusions respecting subjects that lie beyond the direct expression of the term. The process of bringing together and correlating a number of independent entities, so as to form a definite entity. Black's Law Dictionary 6th Ed. p. 312-313

Definition. A description of a thing by it's properties; an explanation of the meaning of a word or term. Webster. The process of stating the exact meaning of a word by means of other words. Worcester. See Warner v. Beers, 23 Wend., N.Y., 103; Marin v. State, 19 Ind. 181.Such a description of the thing defined, including all the essential elements and excluding all nonessential, as to distinguish it from all other things and classes. Wilson v. Else, 204 Iowa 857,216, N.W. 33, 37. Black's Law Dictionary 4th Ed. page 510

Four Corners rule. Under "four corners rule", intention of parties, especially that of grantor, is to be gathered from instrument as a whole and not from isolated parts thereof. Davis v. Andrews, Tex. Civ.App., 361 S.W.2d 419, 423. Black's Law Dictionary 6th Ed. p. 657

Interpretation. The art or process of discovering and ascertaining the meaning of a statute, will, contract, or other written document.  Black's Law Dictionary 6th Ed. p. 817-818

Session Laws. The name commonly given to the body of laws enacted by a state legislature at one of its annual or biennial sessions. So called to distinguish them from the "compiled laws" or revised statutes of the state. Published laws of a state enacted by each assembly and separately bound for the session and for extra sessions. The session laws are normally published on a periodic basis, in a pamphlet format, throughout the legislative session and then at the end of the session are bound, in the order of their enactment, into a more permanent form. Such session laws in addition are incorporated into state and federal annotated or unannotated statute publications. Black's Law Dictionary 6th Ed. pages 1371-1372.

De facto court. One established, organized, and exercising its judicial functions under authority of a statute apparently valid, though such statute may be in-fact unconstitutional and may be afterwards so adjudged; or a court established and acting under the authority of a de facto government. 1 Bl. Judgm. Sec. 173; Burt v. Railroad Co,. 31 Minn.472, 18 N.W. 285; In re Manning, 139 U.S. 504, 11 S. Ct. 624, L.Ed. 264; Gildnmeister v. Lindsay, 212 Mich. 299, 180 N.W. 633, 635. Black's Law 3rd Edition p. 459 (1933)

Precedent.  An adjudged case or decision of a court, considered as furnishing an example or authority for an identical or similar case afterwards arising or a similar question of law. Courts attempt to decide cases on the basis of principles established by prior cases. prior cases which are close in facts or legal principles to the case under consideration are called precedents. A rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases. Also see Stare decisis. A course of conduct once followed which may serve as a guide for future conduct. See Custom and usage; habit. Black's Law Dictionary 6th Ed. page 1176

Stare Decisis. Lat. To adbide by, or adhere to, decided cases. Black's Law Dictionary 6th Ed. page 1406

Res Judicata. A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgement. Rule that a final judgement rendered by a court of competent jurisdiction on the merits is conclusive as to the rights of the parties and their privies, and, as to them, constitutes as absolute bar to a subsequent action involving the same claim, demand or cause of action. Matchett v. Rose, 36 Ill.App.3d 638, 344 N.E.2d 770, 779. And to be applicable, requires identity in thing sued for as well as identity of cause of action, of persons and parties to action, and of quality in persons for or against whom claim is made. The sum and substance of the whole rule is that a matter once judicially decided is finally decided. Allen v. McCurry, 449 U.S. 90, 101 S.Ct. 411, 415, 66 L.Ed.2d 308. See also Collateral estoppel doctrine; Final decision rule; Issue preclusion. Black's Law Dictionary 6th Ed. pages 1305-1306

Natural Law. This expression, "natural law," or jus naturale, was largely used in the philosophical speculations of the Roman jurists of the Anteonine age, and was intended to denote a system of rules and principles for the guidance of human conduct which, independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of man, and would be found to grow out of and conform to his nature, meaning that by the word his whole mental, moral, and physical constitution. The point of departure for this conception was the Stoic doctrine of a life ordered "according to nature," which in it's turn rested upon the purely supposititious existence, in primitive times, of a "state of nature;" that is, a condition of society in which men were universally governed solely by a rational and consistent obedience to the needs, impulses, and promptings of their true nature, such nature being as yet undefaced by dishonestly, falsehood, or indulgence of the baser passions. In ethics, it consists of practical universal judgements which man himself elicits. These express necessary and obligatory rules of human conduct which have been established by the author of human nature as essential to the divine purposes in the universe and have been promulgated by God solely through human reason.  Black's Law Dictionary 6th Ed. page 1026

Statute, n. An act of legislature; a particular law enacted and established by the will of the legislative department of government; the written will of the legislature, solemnly expressed accordingly to the forms necessary to constitute it the law of the state. Federal Trust Co. v. East Hartford Fire Dist.(C.C.A.)283 F. 95, 98 ; In re Van Tassell's Will, 196 N. Y. S. 491, 494, 119 Misc. 478; Washington v. Dowling, 92 Fla. 601, 109 So.588, 591. This word is used to designate the written law in contradistinction to the unwritten law. See Common Law. Black's Law Dictionary 3rd Ed. p. 1655

Rule of Law. A legal principle, of general application, sanctioned by the recognition of authorities, and usually expressed in the form of a maxim or logical proposition. Called a "Rule," because in doubtful or unforeseen cases it is a guide or norm for their decision. The rule of law, sometimes called "the supremacy of law", provides that decisions should be made by the application of known principles or laws without the intervention of discretion in their application. see e.g. Rule against perpetuities, above; also, Shelley's Case, Rule in. See also Stare decisis. Black's Law Dictionary 6th Ed. p. 1332

Organic Law. The fundamental law, or constitution, of a state or nation, written or unwritten. That the law of system of laws or principles which defines and establishes the organization on its government. Black's Law Dictionary 6th Ed. page 1099

Law of the Land. Due process of law (q. v.). By the law of the land is most clearly intended the general law which hears before it condemns, which proceeds upon inquiry, and renders judgement only after trial. Dupuy v. Tedora, 204 La. 560, 15 So.2d 886, 891. The meaning is that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Rich Hill Coal Co. v. Brashore, 334 Pa. 449, 7 A.2d 302, 316; In re Stobie's Estate, 30 Cal.App.2d 525, 86 P.2d 883, 885.  Everything which may pass under the form of an enactment is not the law of the land. Sedg. St & Cost.Law,(2d Ed.) 475. When first used in the Magna Charta, the phrase probably meant the established law of the kingdom, in opposition to the civil or Roman law. It is now generally regarded as meaning general public laws binding on all members of the community. Janes v. Reynolds, 2 Tex. 251; Beasley v. Cunningham, 171 Tenn. 334, 103 S.W. 2d 18, 10, 110 A,LR. 306. It means due process of law warranted by the constitution, by the common law adopted by the constitution, or by statutes passed in pursuance of the constitution. Mayo v. Wilson, 1 N.H. 53. Black's Law Dictionary 4th Ed. pages 1031-1032

"Law of the land", and "due course of law" and "due process of law" are synonymous. People v. Skinner, Cal., 110 P.2d 41, 45; State v. Rossi, R.I. 284, 43 A.2D 323, 326; Black's Law Dictionary 4th Ed. pages 1031-1032

"Civil Law," "Roman law," and Roman Civil Law" are convertible phrases, meaning the same system of jurisprudence. That rule of action which every particular nation, commonwealth, or city has established peculiarly for itself; more properly called "municipal" law, to distinguish it from the "law of nature," and from international law. See Bowyer, Mod. Civil Law, 19; Sevier v. Riley, 189 Cal. 170,244 P. 323,325" Black's Law Dictionary, Rev. 4th Ed.

RULE OF DECISION ACT 1789. Section 34 of the Judiciary Act of 1789-the famous Rules of Decision Act-provided that the " laws of the several states, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply. The statute has remained substantially unchanged to this day. See U.S.C.A. SEC. 1652 Black's Law Dictionary 6TH Ed. page 1333

Maxim. Maxims are but attempted general statements of rules of law and are law only to extent of application of adjudicated cases, Swetland v. Curtiss Airports Corporation, D.C.Ohio, 41 F.2d 929, 936. An established principal or proposition. A principle of law universally admitted as being a correct statement of the law, or as agreeable to reason. Principles invoked in equity jurisdiction ; e.g. "equity treats as done what ought to be done." The various maxims of law appear in alphabetical order throughout this dictionary. Black's Law Dictionary 6th Ed. p.979

Prima Facie. Lat. At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary. State ex rel. Herbert v. Whims, 68 Ohio App. 39, 38 N.E. 2d 596, 599. Black's Law 4th Edition page 1353

Color of Law. "Color of Law" means "The appearance or semblance, without the substance, of legal right. State v. Brechler, 185 Wis. 599, 202 N.W. 144, 148. Black's Law dictionary 4th Ed. page 331

Vindictive prosecution- (1834) A prosecution in which a person is singled out under a law or regulation because the person has exercised a constitutionally protected right. Cf. SELECTIVE ENFORCEMENT. [Cases: Criminal Law 37.15.] Black's Law 9th Edition page 1341

Judicial Cognizance. Judicial notice, or knowledge upon which a judge is bound to act without having it proved in evidence. Black's Law 4th Edition revised page 984

Beyond a reasonable doubt. In evidence means fully satisfied, entirely convinced, satisfied to a moral certainty; State v. Harris 28, S.E.2d 232, 237, 223 N.C. 697; and the phrase is the equivalent of the words clear, precise and indubitable. Ferguson Packing Co. v. Mihalic, 99 Pa.Su-per. 158, 162. Black's Law Dictionary 4th edition revised page 204

TRESPASS ON THE CASE. The form of action, at common law, adapted to the recovery of damages for some injury resulting to a party from the wrongful act of another, unaccompanied by direct or immediate force, or which is the indirect or secondary consequence of a defendant's act. Commonly called, by abbreviation, "Case." Munal v. Brown, C.C.Colo., 70 F. 968; Nolan v. Railroad Co., 70 Conn. 159, 39 A. 115, 43 L.R.A. 305; New York Life Ins. Co. v. Clay County, 221 Iowa 966, 267 N.W. 79,80. Black's Law Dictionary 4th edition revised page 1675

Court of Record:  1. Keeps a record of the proceedings 2. The Tribunal is independent of the magistrate 3. Proceeding accordingly to the common law  4. Power to fine or imprison for contempt 5. Generally has a seal Jones v. Jones, 188 Mo. App. 220, 175 S. W. 227, 229; Ex parte Gladhill, 8 Metc. (Mass.) 171, per Shaw, C. J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N. E. 688, 689. Black’s Law Dictionary 3rd Edition 1933, page 458 

Inferior court. 1. Any court that is subordinate to the chief appellate tribunal within a judicial system. 2. A court of special, limited, or statutory jurisdiction, whose record must show the existence of jurisdiction in any given case to give its ruling presumptive validity. Black's Law Dictionary Second pocket Edition page 156

The words "court" or "judge," or "judges" are frequently used in statutes as synonymous. When used with reference to orders made by the court or judges, they are to be so understood. Black's Law 6th Ed. p.353

Authorities. Citations to statutes, precedents, judicial decisions, and text-books of the law, made on the argument of questions of law or the trial of causes before the court, in support of the legal positions contended for, or adduced to fortify the opinion of a court or of a text writer upon any question. Authorities may be either primary (e.g. statutes, court decisions, regulations), or secondary (e.g. Restatements, treatise). Black's Law Dictionary 5th Ed. p.121 

Versus. Lat. Against. In the title of a cause, the name of the plaintiff is put first, followed by the word "versus," then the defendant's name. Thus, "Fletcher versus Peck," or "Fletcher against Peck." The word is commonly abbreviated "vs." or "v." Vs. and versus have become ingrafted upon the English language; their meaning is as well understood and their use quite as appropriate as the word against could be. Smith v. Butler, 25 N.H. 523. Black's Law Dictionary 4th Ed. page 1733

Citations of Authorities. The reading, or production of, or reference to, legal authorities and precedents, (such as constitutions, statutes, reported cases, and elementary treatises,) in arguments in courts, or in legal text-books, to establish or fortify the propositions advanced. Black's Law Dictionary 4th Ed. p.309 

Consumer. One who consumes. Individuals who purchase, use, maintain, and dispose of products or services. Users of the final product. A member of that broad class of people who are affected by pricing policies, financing practices, quality of goods and services, credit reporting, debt collection, and other trade practices for which state and federal consumer protection laws are enacted. Consumers are to be distinguished from manufacturers (who produce goods), and wholesalers or retailers (who sell goods). See also Purchaser.  A buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against warrantor (or service contractor) the obligations of the warranty (or service contract). 15 U.S.C.A. § 2301. Black's Law Dictionary 6th Ed. page 316

Consumer. A person who buys good or services for personal, family, or household use, with no intention of resale; a natural person who uses products for personal rather than business purposes. [Cases: Consumer Protection West 1. C.J.S. Credit Reporting Agencies; Consumer protection § 23.] Black's Law Dictionary 8th Ed. page 335

Consumer goods. See goods. Black's Law Dictionary 8th Ed. page 335

Consumer goods. Goods bought or used primarily for personal, family, or household purposes, and not for resale or producing other goods. UCC § 9-102(a)(23). [Cases: Secured transactions Westlaw 14. C.J.S. Secured Transactions § 14.] Black's Law Dictionary 8th Ed. page 714

Consumer goods. Goods which are used or bought for use primarily for personal, family, or household purposes. U.C.C. § 9-109(1). Such goods are not intended for resale or further use in production of other products. Contrasted with capital goods. See also consumer product. Black's Law Dictionary 5th Edition page 287 

Capital goods. Materials used or consumed to produce other goods. Black's Law Dictionary 5th Edition page189

Commercial use. The term implies use in connection with or for furtherance of a profit-making enterprise. Roberts Enterprises, Inc. v. Secretary or Transp., 237 Kan. 276, 699 P.2d 479 483. Black's Law Dictionary 6th Edition page 271 

Household goods. Black's Law Dictionary 6th Ed. page 

Household. adj, Belonging to the house and family; domestic. Black's Law Dictionary 8th Ed. page 756

See goods. 

Family car. Automobile used to send owner's children to school was "family car". Coleman v. Rollo, Tex.Civ.App., 50 S.W.2D 391, 392. Black's Law Dictionary 4th Ed. Page

Privilege. A particular or peculiar benefit or advantage enjoyed by a person, company, or class beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption. A right, power, franchise, or immunity held by a person or class, against or beyond the course of the law. Black's Law Dictionary 5th Ed. page 1077

Form. In contradistinction to "substance," "form" means the legal or technical manner or order to be observed in legal instruments or juridical proceedings, or in the construction or legal documents or processes. Antithesis of "substance." Phoenix Building & Homestead Ass'n v. Meraux, 189 La 819, 180 So. 648, 649. Black's Law 4th Edition page 780

Substance. Essence; the material part or essential part of a thing, as distinguished from "form". State v. Burgdoerfer, 107 Mo. 1. Black's Law 4th Edition page 1597

Substantial right. Such a right as may be enforced and protected by law.29 The phrase has also been defined as something to which, upon proved or conceded facts, a party may lay claim as matter of law--which a court may not legally refuse, and to which it can be seen that the party is entitled, within the well settled rules of the law. 30 C.J.S. volume 60 page 977 and 978

Essence. That which is indispensable. The gist or substance of any act; the vital constituent of a thing; that without which a thing cannot be itself. Norman v. Department of Labor and Industries, 10 Wash.2d 180, 116 P.2d 360, 362. Black's Law Dictionary 6th Edition page 546

"Unalienable: incapable of being alienated, that is, sold and transferred." Black's Law Dictionary, Sixth Edition, page 1523.

Abridge. To reduce or contract; to diminish or curtail. Usually spoken of written language. See abridgment. Black's Law Dictionary 6th Ed. page 8

Citizen’s Arrest. A private citizen as contrasted with a police officer may, under certain circumstances, make an arrest, generally for a felony or misdemeanor amounting to a breach of the peace. A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, although not in his presence. 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it. Calif.Penal Code (§) 837. Black's Law Dictionary 6th Ed. page 244

Clean hands doctrine. Under this doctrine, equity will not grant relief to a party, who, as actor, seeks to set judicial machinery in motion and obtain some remedy, if such party in prior conduct has violated conscience or good faith or other equitable principle. Franklin v. Franklin, 365 Mo. 442, 283 S.W.2d 483, 486. One seeking equitable relief cannot take advantage of one's own wrong. Fair Automotive Rpair, Inc. v. Car-X Service Systems, Inc., 2 Dist., 128 Ill.App.3d 763, 84 Ill.Dec. 25, 471 N.E. 2d 554, 558. Black's Law Dictionary 6th Ed. page 250

Cause of action. The fact or facts which give a person a right to judicial redress or relief against another. The legal effect of an occurrence in terms of redress to a party to the occurrence. A situation or state of facts which would entitle party to sustain action and give him right to seek a judicial remedy in his behalf. Thompson v. Zurich Ins. Co., D.C.Minn., 309 F.Supp. 1178, 1181 Fact, or state of facts, to which law sought to be enforced against a person or thing applies. Facts which give rise to one or more relations of right-duty between two or more persons. Failure to perform legal obligation to do, or refrain from performance of, some act. Matter for which action may be maintained. Unlawful violation or invasion of right. The right which a party has to institute a judicial proceeding. See also, case; claim; failure to state a cause of action; Justiciable controversy; Right of action; Severance of actions; splitting cause of action; suit. Black's Law 6th Ed. p. 221

Demand. The assertion of a legal right; a legal obligation asserted in the courts. An imperative request preferred by one person to another, under a claim of right, requiring the latter to do or yield something or to abstain from some act. A debt or an amount due. An asking with authority, claiming or challenging as due. Smith v. Municipal Court of Glendale Judicial Dist., Los Angeles County, 176 Cal.App.2d 534, 334 P.2d 931. Black's Law Dictionary 5th Edition page 386

Justiciable Controversy. Term refers to a real and substantial controversy, which is appropriate for judicial determination, as distinguished from dispute or difference of contingent hypothetical or abstract character. State v. Nardini, 187 Conn. 109, 445 A.2d 304, 307. Compare political question. See case; cause of action controversy. Aetna Life Ins. Co. v. Haworth, 300 U.S. 227. Black's Law 6th Ed. p. 865

IN PROPRIA PERSONA. In one's own proper person. It is a rule in pleading that pleas to the jurisdiction of the court must be plead in propria persona, because if pleaded by an attorney they admit jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction. Lawes, Pl. 91. In some jurisdictions, however, this rule is no longer recognized. 1 C.J. 255. Black's Law Dictionary 4th Edition revised page 899-900.

Leave of court. Permission obtained from a court to take some action which, without such permission, would not be allowable; as, to sue a receiver, to file an amended pleading, to plead several pleas. See Copperwait v. Drummer, 18 N.J. Law, 258. Black's Law 3rd Ed. page 1082 

Leave of Court. Permission obtained from a court to take some action which, without such permission, would not be allowable; as, to sue a receiver, to file an amended pleading, to plead several pleas. Black's Law 4th Ed. page 1036

Leave of Court. Permission obtained from a court to take some action which, without such permission, would not be allowable; as, to receive an extension of time to answer a complaint. Fed.R.Civil. P. 6. Black's Law Dictionary 6th Ed. Page 891

Sui juris. [Latin "of one’s own right; independent"] 1. Of full age and capacity. 2. Possessing full social and civil rights. Black's Law Dictionary Second Pocket Edition page 678.

Non-Sui Juris. Lat. Not his own master. The opposite of sui juris (q.v.). Lacking legal capacity to act for one’s self as in the case of a minor or mentally incompetent person. Black's Law Dictionary 5th Ed. page 954

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