Black’s 5th Edition Definitions of Selected Words
Award: v. to grant, concede or adjudge to. To give or assign by sentence or judicial determination or after careful weighing up of evidence. Thus, a jury awards damages, the court awards an injunction; one awards a contract to a bidder. To confer as being deserved or merited. n. The decision or determination rendered by arbitrators or commissioners, or other private or extrajudicial deciders, upon a controversy submitted to them, also the writing or document embodying such decision. See also final awards. Black’s 5th Ed P71
Consent: Implied Consent: That manifested by signs, actions, or facts, or by inaction or silence, which raise the presumption that consent has been given. Black’s 5th Ed P160Registrar may say: ‘consent is not agreement’ so you may respond with: ‘That’s fine, let’s see what Black’s law dictionary says about ‘Consent’.’ If Registrar says ‘that’s not the preferred law dictionary we go with’ say: ‘That’s ok, but why then are there more Black’s Law dictionaries in universities then any other unless you are trying to mislead you future lawyers …….. so Black’s is obviously sufficient to use… Black’s 5th Ed P160
Mediation: Intervention; Interposition. The act of a third person in intermediating between two contending parties with a view to persuading them to adjust or settle their dispute. Settlement of dispute by action of intermediary (neutral Party). Also the friendly interference of a neutral nation in the controversies of others, for the purpose, by its influence and by adjusting their difficulties, of keeping the peace in the family of nations Black’s 5th Ed P508
Stipulations: A material condition, requirement, or article in an agreement.The name given to any agreement made by the attorneys engaged on the opposite sides of a cause (especially if in writing), regulating any matter incidental to the proceedings or trial, which falls within their jurisdiction. Voluntary agreement between opposing counsel concerning disposition of some relevant point so as to obviate need for proof or to narrow range of litigable issues. An agreement, admission or confession made in a judicial proceeding by the parties thereto or their attorneys.
Stipulations made during the course of trial may involve jury of less than 12 (Fed.R.Civil P. 48), Masters Findings (Rule 53(e)(4)), dismissal of action (Rule 41(a)), or discovery Black’s 5th Ed P735By simply asking the question ‘are you kind sir offering me a transaction in a crown security interest or not ?’Either way he is screwed
Yes ......... thank you kind sir therefore commercial arbitration act applies
No .......... well what am I doing here then? if this isn’t a commercial transaction because you would be able to do all this in my proper name instead of in an artificial capacity then wouldn’t you Charlie horse ??????
Says: so show me the corrected paperwork cookie boyIs it NOT so that there are no more Common Law Crimes in Australia, they are all commercial?We’re in foreign jurisdiction are we NOT? Foreign to Australia, and therefore FOREIGN to the statute laws.
1. No more C.L. crimes
2. Commonwealth Arbitration Act doesn’t apply to us, NOT subject to it
UCP 442, 444-446, 448, 449UCP Part 8 Ch 131 P103 Letter of RequestI
THEN LOOKED UP THE BUTTERWORTHS - This would be why the learned solicitor makes her statement - but it does not wash with Bankers Acceptance Law, now does it - otherwise they could not act just because of silence. Such a mind field of lies and innuendo."SILENCE:Failure to communicate. A contract is not made simply by an offeree's silence after an offeror informs an offeree that silence in reply to the offer will be taken as acceptance, even if the offeree forms, but does not attempt to communicate, an intention to accept: Felthouse v Bindley (1861) 11 CB (NS)869; 142 ER 1037. See also Bilateral contract; Offer; Unilateral Contract."What does Blacks Say?‘
Silence can be equated with fraud
Where there is a legal or moral duty to
Speak or where an enquiry left
Unanswered would be intentionally
‘ Did a Southport magistrate during a court hearing in December 2006 NOT wave my Certificate of Dishonour in the air and call out, ‘what about this Certificate of Dishonour?’ in reply to a prosecutor’s rejection to the 3rd party intervener’s tender of written Mutual agreement between the parties?
Silence: The state of a person who does not speak, or of one who refrains from speaking. In the law of estoppel. ‘Silence’ implies knowledge and an opportunity to act upon it.
Silence, estoppel by. Such estoppel arises where person is Under duty to another to speak or failure to speak is inconsistent with honest dealings. Silence, to work ‘estopped’, must amount to bad faith, and elements of essentials of such estoppel include: change of position to prejudice of person claiming estoppel, damages if the estoppel is denied, duty and opportunity to speak, inducing person claiming estoppel to alter his position, reliance upon silence of party sought to be estopped. Black’s 5th Ed P719Affiant
The person who makes and subscribes an affidavit. The word is used, in this sense, interchangeably with ‘deponent.’ But the latter term should be reserved as the designation of one who makes a deposition. Black’s 5th Ed P28
Agent. A person authorized by another to act for him.
Instructed with another’s business. One who represents and acts for another under the contract or relation of agency. Etc etc Black’s 5th Ed P 32
Principal. Adj. Chief; leading; most important or considerable; Primary; original. Highest in rank, authority, character, importance, or degree. Black’s 5th Ed P 621
Principal. n. The source of authority or right. A superintendent, as of a school. Black’s 5th Ed P622Person. In general usage, a human being (i.e. natural person – itself an oxymoron), though by statute term may include a firm, labour organisations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. National Labour Relations Act, S 2(1), Black’s 5th Ed P595
Undersigned. The person whose name is signed or the persons whose names are signed at the end of a document; the subscriber or subscriber. Black’s 5th Ed P 793
Summary Judgment. Rule of civil procedure 56 permits any party to a civil action to move for a summary judgment on a claim, counter claim or cross claim when he believes that there is no genuine issue of material fact and that he is entitled to prevail as a matter of law. The motion may be directed toward all or part of a claim or defence and it may be made on the basis of the pleadings or other portions of the record in the case or it may be supported by affidavits and a variety of outside material. See also Genuine Issue, Material fact. Black’s 5th Ed P 748
Fiduciary. (as a noun) ‘A person that holding the character as a Trustee or a character analogous to that of a trustee, in respect to the trust and confidence involved in it and the scrupulous good faith and candour which it requires. A person having duty, created by his undertaking, to act primarily for another’s benefit in matters connected with such undertaking.
(As an adjective) Of the nature of a trust, having the characteristics of a trust, analogous to a trust, relating to or founded upon a trust or confidence. A person or institution who manages money or property for another and who must exercise a standard of care in such management activity imposed by law or contract. Eg. Executor of the estate; receiver in bankruptcy….. ‘etc Black’s 5th Ed P320
Foreign Fiduciary. ‘A trustee, executor, administrator, guardian or conservator appointed by a jurisdiction other than the one in which hi is acting.’ Black’s 5th Ed P321
Sophistry = 'A deliberately invalid argument displaying ingenuity in reasoning in the hope of deceiving someAlso have a look at "sophisticate".............(verb) = 1.Make less natural or innocent. 2. Change the meaning of. 3. Alter with the intention to deceive. 4. Make more complex or refined
A.T.O.’S TAX PAYERS’ CHARTER; ‘The federal tax system operates for the benefit of the community and both the Tax Office and taxpayers have an important role to play (what role?). The system is based on taxpayers co-operating with the Tax Office and voluntarily complying with their legal obligations.
Benefit; Advantage; profit; fruit; privilege; gain; interest. The receiving as the exchange for promise some performance or forbearance which promisor was not previously entitled to receive. Black’s 5th Ed P82 what benefit do tax payers get? Nix!
Community: Neighbourhood; vicinity; synonymous with Locality. People who reside in a locality in more or less proximity. A society or body of people living in the same place, under the same laws and regulations, which have common rights, privileges, or interests. It connotes a congeries of common interests arising from associations- social, business, religious, governmental, scholastic, recreational Blacks Law Dictionary 5th ED P146
Taxpayer: One who pays taxes; person whose income is subject to taxation Blacks Law Dictionary 5th ED P762
Co-operating:- cooperation- Action of co-operating.
Association of persons for common belief. In patent law, unity of action to a common end or common result, not merely joint or simultaneous action. Blacks Law Dictionary 5th ED P177
Voluntary: Unconstrained by interference, un-impelled by another’s influence; spontaneous; acting of oneself. Done by design or intention. Proceeding from the Free and unrestrained will of the person. Produced in or by an act of choice. Resulting from free choice. The word especially in statutes, often implies knowledge of essential facts. Without valuable consideration; gratuitous, as a voluntary conveyance. Also having a merely nominal consideration; as a voluntary deed.As to voluntary Answer; Assignment; bankrupt; confession; conveyance; deposit; escape; indebtedness; manslaughter; Nonsuit; Oath; Payment; Redemption; Sale; Settlement; Trust Blacks Law Dictionary 5th ED P813
Comply; To yield; to accommodate, or to adapt oneself to; to act in accordance with; to accept. Blacks Law Dictionary 5ED P150Voluntary Complying: Combine above
Legal: conforming to the law; according to law; required or permitted by law; not forbidden or discounted by law; good and effectual in law. Blacks Law Dictionary 5th ED P463
Obligation: A generic word, derived from the Latin substantive “obligatio”, having many wide, and varied meanings, according to the context in which it is used. That which a person is bound to do or forebear; any duty imposed by law, promise, contract, relations of society, courtesy, kindness etc. Law or duty binding parties to perform their agreement. An undertaking to perform. That which constitutes a legal or moral duty and which renders a person liable to coercion and punishment for neglecting it; a word of broad meaning, and the particular meaning intended is to be gained by consideration of its context. An obligation or debt may exist by reason of a judgement as well as an express contract, in either case there being a legal duty on the part of the one bound to comply with the promise. The binding power of a Vow, Promise, Oath, or contract, or of law, civil, political, or moral, independent of a promise; that which constitutes legal or moral duty. Blacks Law Dictionary 5th ED P556
Act: Denotes external manifestation of actors will. Restatement, Second torts S2. Expression of will or purpose, carries idea of performance; primarily that which is done or doing; exercise of power, or effect of which power exerted is cause; a performance; a deed. In a technical sense, it means something done voluntarily by a person, and of such nature that certain legal consequences attach to it. Thus a grantor acknowledges the conveyance to be his “act or deed”, the terms being synonymous. It may denote something done by an individual, as a private citizen, or as an officer, or by a body of men, as a legislature, a council, or a court of justice; including not merely physical acts, but also decrees, edicts, laws, judgements, resolves, awards, and determinations. BLACKS LAW DICTIONARY 5TH ED P12
Application: A putting to, placing before, preferring a request or petition to or before a person. The act of making a request for something. A petition. The use or disposition made of a thing. A bringing
together, in order to ascertain some relation or establish some connection; as the application of a rule or principal to a case or fact. BLACKS LAW DICTIONARY 5TH ED P51
Citizen: One who, under the constitution and laws of the United States, or of a particular state, is a member of a the political community, owing allegiance and being entitled to the enjoyment of full civil rights. All persons born or Naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. U.S. Const., 14th amend.Members of a political community who, in their associated capacity, have established or submitted themselves to the dominion of a government for the promotion of their general welfare and the protection of their individual as well as collective rights. BLACKS LAW DICTIONARY 5TH ED P126
Law: That which is laid down, ordained, or established. A rule or method according to which phenomena or actions co-exist or follow each other. Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. Law is a solemn expression of the will of the supreme power of the state. BLACKS LAW DICTIONARY 5TH ED P457
Resident: Any person who occupies a dwelling within the state, has a present intent to remain within the state for a period of time, and manifests the genuineness of that intent by establishing an ongoing physical presence within the state together with indicia that his presence within the State is something other than merely transitory in nature. The word when used as a noun, means a dweller, habitant or occupant; one who resides or dwells in a place for a period of more, or less, duration; it signifies one having a residence, or one who resides or abides. BLACKS LAW DICTIONARY 5TH ED P680
Submission: A yielding to authority; e.g. a citizen is bound to submit to the laws; a child to his parents. A contract between 2 or more parties whereby they agree to refer the subject in Dispute to others and to be bound by their award. BLACKS LAW DICTIONARY 5TH ED P743
Submit: To commit to the discretion of another. To yield to the will of another. To propound; to present for determination; as an advocate submits a proposition for the approval of the Court. BLACKS LAW DICTIONARY 5TH ED P743
Preamble: The Clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the objects sought to be accomplished. Generally, a preamble is a declaration by the legislature of the reasons for the passage of a statute and is helpful in the interpretation in any ambiguities within the statutes to which it is prefixed. Blacks Law Dictionary 5th Ed P611
Remittance: - Remit: To send or transmit; as to remit money. To send back, as to remit a cheque or refer a case back to a lower court for further consideration. To give up; to pardon or forgive; to annul; to relinquish; as to remit a fine; sentence or punishment. Blacks 5th Ed P673
Bill: As a legal term, this word has many meanings and applications, e.g. Commercial law. A written statement of the terms of a contract, or specification of the items of a transaction or of a demand. Also, a general name of any item of indebtedness, whether receivable or payable; accounts for goods sold, services rendered, or work done.As a verb, as generally and customarily used in commercial transactions, ‘bill’ is synonymous with ‘charge’ or ‘invoice’. Blacks 5th Ed P86
Bill of Sale: In contracts
Bill of Exchange: A three party instrument in which first party draws an order for the payment of a sum certain on a second party for payment to a third party at a definite future time. Same as ‘draft’ under U.C.C. A cheque is a demand Bill of Exchange. Black’s 5th Ed P86
Foreign Bill of Exchange: A Bill of Exchange drawn in one country upon another country not governed by the same homogenous laws, or not governed throughout by the same municipal laws. A Bill of Exchange drawn in one of the United States upon a person residing in another state is a foreign bill. Black’s 5th Ed P86
Bond: A certificate or evidence of a debt on which the issuing company or governmental body promises to pay the bond holders a specified amount of interest for a specified length of time, and to repay the loan on the expiration date. In every case a bond represents debt – its holder is a creditor of the corporation is not a part owner as is the shareholder. Commonly, bonds are secured by mortgage.
Banker’s Acceptance: A bill of exchange draft payable at maturity that is drawn by a creditor against his or her debtor. Banker’s acceptances are short term credit instruments most commonly used by persons or firms engaged in international trade.They are comparable to short term government securities (for example, Treasury Bills) and may be sold on the open market at a discount. Black’s 5th Ed P76
Fee Simple; Absolute, A fee simple absolute is an estate limited absolutely to a man and his heirs and assigns forever without limitation or condition. An absolute or fee simple estate is one in which the owner is entitled to the entire property, with unconditional power of disposition during his life, and descending to his heirs and legal representatives upon his death intestate. Black’s 5th Ed P317
Conditional, Type of transfer in which grantor conveys fee simple on condition that something be done or not done. A defeasible fee which leaves grantor with the right of entry for conditions broken, which right may be exercised by some action on part of grantor when condition is breached. At common law an estate in fee simple condition was a fee limited or restrained to some particular heirs, exclusive of others. But the statute ‘De donis’ converted all such estates into estate tail. Black’s 5th Ed P317
Defeasible: Black’s 5th Ed P318 Determinable: Black’s 5th Ed P318
Trover. In common-law practice, the action of trover (or trover and conversation) is a species of action on the case, and originally lay for the recovery of damages against a person who have found another’s goods and wrongfully converted them to his own use. Subsequently the allegation of the loss of the goods by the plaintiff and the finding of them by the defendant was merely fictitious, and the action became the remedy for any wrongful interference with or detention of the goods of another. In form a fiction; in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use. A possessory action wherein plaintiff must show that he has either a general or special property in thing converted and the right to its possession at the time of the alleged conversion. Such remedy lies only for wrongful appropriation of goods, chattels, or personal property which is specific enough to be identified. See also
Conversion.Corporation – An artificial person or legal entity created by or under the authority of the laws of the state or nation, composed, in some instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals… Blacks 5th Ed P180
Creditor – A person to whom a debt is owing by another person who is the ‘debtor’. One who has a right to acquire the fulfilment of an obligation or contract. Black’s 5th Ed 194
Dominion – Perfect control in right of ownership. The word implies both title and possession and appears to require a complete retention of control over disposition. Title to an article of property which arises from the power of disposition and the right of claiming it. Blacks 5th Ed P255
Driver - One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals. Bouvier’s 8th Ed Law Dictionary
Employ – To engage in one’s service; to hire; to use as an agent or substitute in transacting business; to commission and entrust with the performance of certain acts or functions or with the management of one’s affairs. Black’s 5th Ed P273
Employee – A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed. One who works for an employer; a person working for salary or wages. ‘Servant’ is synonymous with ‘employee’. Black’s 5th Ed P273
Inalienable Rights – Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights; e.g. Rights of free speech, property ownership, freedom of religion, personal liberty, etc Black’s 5th Ed P387
Liability – Bound or obligated in law or equity; responsible; chargeable; answerable; compellable to make satisfaction, compensation or restitution. Obligated; accountable for or chargeable with. Condition of being bound to respond because a wrong has occurred. Condition out of which a legal liability might arise. Justly or legally responsible or answerable. Black’s 5th Ed P473
Living Soul – Living – existing, surviving, continuing in operation. Also means to abide, dwell, to reside and literally signifies the pecuniary resources by means of which one exists. Black’s 5th Ed P481
Soul – undefined in black’s 5th Ed. The principle of life, feeling, thought, and action in humans, believed to be separate in existence from the body, and living after death; the spiritual part of man as distinct from the physical. Macquarie Dictionary 1989 P985
Man – Not defined in Black’s 5th Ed. An individual of the Homo Genus and of the mammal clan, at the highest level of animal development. Macquarie Dictionary 1989 P634
People – A state; as the people of a state. A nation in its collective and political capacity. The aggregate or mass of the individuals who constitute the state. Black’s 5th Ed P591. The whole body of members making up a community, tribe, race or nation. Macquarie Dictionary 1989 P769
Sovereign – A person, body or state in which independent and supreme authority is vested;a chief ruler with supreme POWER; a King or OTHER ruler with limited POWER. Black’s 5th Ed P724 Under-lord like the Queen who swears an Oath of Allegiance to the MessiahSuveran – ‘Overlord’ on par with the Messiah. Over-lord
Trespass – An unlawful interference with one’s person, property or rights. It comprehends any misfeasance, transgression or offence which damages another person’s health, reputation or property. … Black’s 5th Ed P780.
Writ of Habeas Corpus – (You have the body). The name given to a variety of writs (of which these were anciently the emphatic words), having for their object to bring a party before a court or judge. In common usage, and when ever these words are used alone, they are usually understood to mean the hebeas corpus ad subjuciendum.
The primary function of the writ is to release an accused from UNLAWFUL imprisonment. The office of the writ is not to determine prisoner’s guilt or innocence, and only issue which it presents is whether prisoner is restrained of his liberty by due process. (Didn’t have trial by jury of his peers). Initially, the writ only permitted a prisoner to challenge a state conviction on constitutional grounds that related to the jurisdiction of the state court. But the scope of the enquiry was gradually expanded, and the writ now extends to all constitutional challenges. Black’s 5th Ed P363
Visitor – General: One who calls upon or visits … Macquarie Dictionary 1989 P1144BUTTERWORTHS CONCISE LAW DICTIONARY
Accord and Satisfaction A contract of compromise where the bargained for consideration is an actual release of a cause of action: Butler v Fairclough (1917) 23 CLR 78;  VLR 175. BCALD Page 7Consideration
The price, detriment, or forbearance given as value for a promise; Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd 1915] AC 847. A contract is generally only binding if the promise is supported by consideration: Woolworths Ltd v Kelly  22 NSWLR
JUST REMEMBER THIS ...
1. Slave: is noun 1 historical a person who is the legal property of another and is forced to obey them. 2 a person who is excessively dependent upon or controlled by something. (Dose the Government control / force you to obey them? ) what does that make you?
2. Legal dictionary definition of Free: “Not subject to the Legal constraint of another” Unconstrained; having power to follow the dictates of his own will, Not subject to the dominion of another ,Not compelled to involuntary servitude ,Used in the sense as opposed to “slave”
What do you want to be?
What will we let the future generation be?
Issue has different meanings depending upon the context it is used.Issue refers to a point in dispute between two or more parties.In the context of securities, issue refers to a class or series of securities that are simultaneously offered for sale.In commercial law, it is the first delivery of a negotiable instrument by its maker or holder.Issue, in the context of probate law, refers to all lawful, lineal descendants of the ancestor. Descendants are those who are the issue of an individual, such as children, grandchildren, and their children, to the remotest degree. Descendants are those in a descending line of birth from an individual, rather than an ascending line, such as to the parents of the individual. Determining who a person's issue are is commonly necessary to determine who is entitled to share in the estate of a person who dies without a will. State statutes of descent and distribution, which vary by state, provide for the surviving spouse and/or descendants to share in the estate of the deceased. Parents of the deceased often do not share in the estate unless there are no surviving descendants or spouse.
Category: Latin legal terminology
Category: Latin words and phrases