Common Law Definitions (from Tomboy notes)
words and their definitions in
common law
pay : (v.) "Offering, pledge", Not necessarily pay all
debt of, to make regular offerings of
money (where
money is a unit of exchange)
record : evidence,. A written memorial made by a public officer authorised by law to perform that function, and intended to serve as evidence of something written, said or done. [Bouviers]
to record : a lawfully recorded public record or
deed shall serve as
constructive notice on all parties.
hereditament : (from Latin hereditare, to inherit, from heres, heir) is any kind of
property that can be inherited.
incompetency : evidence. The want of legal fitness, or ability in a witness to be heard as such on the trial of a cause.
2. The objections to the competency (q. v.) of a witness are four-fold. The first ground is the want of understanding; a second is defect of religious principles; a third arises from the conviction of certain crimes, or infamy of character; the fourth is on account of interest. (q. v.) 1 Phil. Ev. 15. Etymonline gives the adjective in Latin competentem as a sense of "lacking in qualification or ability". With the noun from 1866 meaning "incompetent person". The word is juxtaposed against the word competent 14c "suitable" the earliest French giving "sufficient, appropriate, suitable", from Latin competentem (nominative competens), present participle of competere "coincide, agree" (see compete). Meaning "able, fit" is from 1640s. Legal sense is late 15c. What is interesting with regard to the word compete from which it appears competency is derived is that it relates with regard to the Latin competere as to "strive in common, to come together, agree, to be qualified" in the sense of striving toward the attainment of something. With regard to an incompetent witness not withstanding Bouviers one could characterise incompetency as one not possessing the maturity or level of for thought in
order to move forwards or strain forth towards a goal or to be put at rivalry to someone much as would be the case with someone having considerable life experience.
defeasance : to undo, to destroy. A rendering null and void., A condition on the performance of which a
deed or other instrument is defeated or rendered void. A collateral
deed or other writing embodying such a condition.
indefeasible : to not be set aside or overcome, or to not be defeated; that cannot be made void; as an
indefeasible estate or title.
original : contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like.
2. Originals are single or duplicate. Single, when there is but one; duplicate, when there are two. In the case of printed documents, all the impressions are originals, or in the nature of duplicate originals, and any copy will be primary evidence. Watson's Case, 2 Stark. (Untitled 199). 130; sed vide 14 Serg.& Rawle, 200; 2 Bouv. lnst. n. 2001.
3. When an original document is not evidence at
common law, and a copy of such original is made evidence by an act of the legislature, the original is not, therefore, made admissible evidence by implication. 2 Camp. (Untitled 199). 121, [Bouvier's]
authentic : This term signifies an original of which there is no doubt.
doubt : an uncertainty which exists in relation to a fact. a proposition, or other thing; or it is an equipoise of the mind arising from an equality of contrary reasoning. Ayl. Pand. 121.
2. The embarrassing position of a judge is that of being in doubt, and it is frequently the lot of the wisest and most enlightened to be in this condition, those who have little or no experience usually find no difficulty in deciding the most, problematical questions.
3. Some rules, not always infallible, have been adopted in doubtful cases, in
order to arrive at the truth. 1. In civil cases, the doubt ought to operate against him, who having it in his power to prove facts to remove the doubt, has neglected to do so. In cases of fraud when there is a doubt, the
presumption of innocence (q. v.) ought to remove it. 2. In criminal cases, whenever a reasonable doubt exists as to the guilt of the accused that doubt ought to operate in his favor. In such cases, particularly, when the liberty, honor or life of an individual is at stake, the evidence to convict ought to be clear, and devoid of all reasonable doubt. See Best on Pres. §195; Wils. on Cir. Ev. 26; Theory of Presumptive Proof, 64; 33 How. St. Tr. 506; Burnett, Cr. Law of Scotl. 522; 1 Greenl. Ev. §1 D'Aguesseau, Oeuvres, vol. xiii. p. 242; Domat, liv. 3, tit. 6.
4. No judge is presumed to have any doubt on a question of law, and he cannot therefore refuse to give a judgment on that account. 9 M. (Untitled 199). 355; Merlin, Repert. h. t.; Ayliffe's Pand. b. 2, t. 17; Dig. lib. 34, t. 5; Code, lib. 6, t. 38. Indeed, in some countries; in China, for example, ignorance of the law in a judge is punishable with blows. Penal Laws of China, B. 2, s. 61. [Bouvier's]
equipoise : an equal distribution of weight which may not be confined to a physical state but also metaphorical, and could be seen as what in the mind arises from an equality of contrary reasoning giving rise to doubt.
coram rege : Latin "In the presence of the King" with reference to the King's Bench
ius commune : Latin;
common law
contend : Latin contendere gives "to stretch out, to strive after" and usually means to struggle in opposition or to strive in rivalry, compete, vie. To strive in debate; dispute earnestly: to contend against falsehood the verb meaning to assert or maintain earnestly.
property : The definition given for 'property' by many Government's in
common law countries is
1) That which is peculiar or proper to any person, that which belongs exclusively to one.
2) In the strict legal sense it is an aggregate of
rights which are guaranteed and protected by the Government.
3) The term is said to extend to every valuable right and interest where interest is said to be that which is gained through having invested time, labour or part of one's being into something.
Karl Lentz quotes from John Locke giving;
"property is all that i claim is proper to my person; that i have exclusive rights to control and enjoy exclusive of all others in a Society." where the enjoyment of said
property is expressed as that which makes a
man whole; being not merely a temporal passing, but extending to the enjoyment of all the members of a man's family the presence of without which would cause him harm.
proper : c. 1300, "adapted to some purpose, fit, apt; commendable, excellent" (sometimes ironic), from Old French propre "own, particular; exact, neat, fitting, appropriate" (11c.), from Latin proprius
"one's own, particular to itself," from pro privo "for the individual, in particular," from ablative of privus "one's own, individual" (see
private (adj.)) + pro "for" (see pro-). Related: Properly.
From early 14c. as "belonging or pertaining to oneself; individual; intrinsic;" from mid-14c. as "pertaining to a
person or thing in particular, special, specific; distinctive, characteristic;" also "what is by the rules, correct, appropriate, acceptable." From early 15c. as "separate, distinct; itself." Meaning "socially appropriate, decent, respectable" is first recorded 1704. Proper name "name belonging to or relating to the
person or thing in question," is from late 13c., a sense also preserved in astronomical proper motion (c. 1300). Proper noun is from c. 1500.
compromise : to abide by a mutual decision; Latin compromissus, past participle of compromittere "to make a mutual promise" (to abide by the arbiter's decision), from com "with, together" (see com-) + promittere (see promise). The main modern sense of "a coming to terms" is from extension to the settlement itself (late 15c.).
interfere : A word used when dealing with Judges or court staff who would attempt to alter documents or 'interfere' with a mans
rights to make a claim.
to see : what is understood by the men and women of the legal profession as 'to understand' ie. A judge says to a Barrister do you see this piece of paper and the Barrister replies no I do not, meaning he has no understanding of what is written upon it. Understanding of this can be further expanded upon in circumstances where a
man is referenced on the piece of paper and because a Lawyer would become liable by recognising a
claim from a
man he has no way of addressing it, he is only capable of dealing with fictions, persons and title's where he bare's no liability.
warrant in debt : is a legal document advising that someone called the Plaintiff is suing you in court for a debt.
qualified : where a judge is able to bare the liability or is indemnified to hear certain matters. If a judge would
claim he is not qualified to hear a case you would
require he recuse himself in favour of another judge because continuing with the court in its present form without your consent and because of the potential
harm it could cause would amount to a
trespass upon both you as
man and your person.
conviction : A firm belief something is true,
a conviction. "proof, refutation," noun of action from past participle stem of convincere (see convince). Meaning "mental state of being convinced" is from 1690s; that of "firm belief, a belief held as proven" is from 1841. As far as "getting a conviction" in terms of statements to police; it is a belief recorded in some manner, or memorialised on paper that may implicate the
person giving the statement of a crime or misdemeanor. They in essence have admitted guilt; so no further investigation into the matter is required.
derelict : 1640s, from Latin derelictus "solitary, deserted," past participle of dereliquere "to abandon, forsake, desert," from de- "entirely" + relinquere "leave behind, forsake, abandon, give up," from re- "back" (see re-) + linquere "to leave," from PIE root *leikw- "to leave." Originally especially of vessels abandoned at sea or stranded on shore. As a noun, from the 1660s.
bill : As of a legislature a
bill is draft legislation not having been given the force of law; or a
bill can be a statement of
claim proposing the law between two parties; but only given force and effect before a jury who by considering the facts and evidence give assent in support of the
claim making it law. In reality a
bill can be any statement; wether it be a
bill of particulars with regard to compensation for any type of
order or a
bill posting the particulars of a public or
private event. It does not have to give the particulars of a dollar sum; but in many cases it will as part of a billing statement.
seize : the
lawful or legal taking of
property through some process as opposed to robbery, theft, or walking away with someone's
property without right.
person : A
person is a
man who prescribes or ascribes to a certain society in which he according to his title or rank has certain duties and obligations; if he fails in those duties and obligations; that society may impose upon him fines, penalties, fee's and the like.
abeyance : abeyance is the state in which an estate is held during a lapse in succession where there is no
person in whom title is vested ie. when the ownership of a
property has not been determined such as the estate of somebody who has died or possibly where a ship has been wrecked and salvage
rights to the wreck are for the present undetermined. It is also used in court cases pending the outcome of some other litigation usually where foreclosures are concerned. From a
common law perspective an
order can be given; another case or action be suspended [cf. held in abeyance] until the outcome of the pending case is finalised.
nuisance : c. 1400, "injury, hurt, harm," from Anglo-French nusaunce, Old French nuisance "harm, wrong, damage," from past participle stem of nuire "to harm," from Latin nocere "to hurt" (from PIE root *nek- (1) "death"). Sense has softened over time, to "anything obnoxious to a community" (bad smells, pests, eyesores), 1660s, then "source of annoyance, something personally disagreeable" (1831). Applied to persons from 1690s.
state : (v) 1590s, "to set in a position," from state (n.1); the sense of "declare in words" is first attested 1640s, from the notion of "placing" something on the record. From the perspective of
common law only a
man can state something a Government agency cannot.
say : Old English secgan "to utter, inform, speak, tell, relate,". Only a
man can say something, Government institutions cannot.
declare : from Latin declarare "make clear, reveal, disclose, announce,". As with the word 'state', or 'beleive' or 'say' only a
man has the capacity to declare something Government agencies, or Corporations cannot where the employees of these institutions can only
say they maintain a position.
can & will : is opposed to
shall & must
must : to be allotted or appointed a portion or duty under obligation as a citizen, member of a family, or a subscribed member of a society. If a
man has not bound his
person under obligation to a society or belief and chooses not to exercise the benefits of citizenship nothing can compel performance from this man; where if ordered to do something by way of words or actions he would fear to disregard, or otherwise; is due fair and just compensation.
wrong : in law
wrong must be distinguished from what is illegal; where if somebody has done 'wrong' it is the action or inaction of a
man that with deliberate and wanton intent did cause harm, injury or an accruable financial loss to another man.
accrue : Latin
accrescere; "grow progressively, increase, become greater" from
ad "to" +
crescere "grow"; it can also refer to uncollected revenue.
LAW : noun
1.the system of rules that a particular country or community recognises as regulating the actions of its members and may enforce by the imposition of penalties.
“they were taken to court for breaking the law”
2. statement of fact, deduced from observation, to the effect that a particular natural or scientific phenomenon always occurs if certain conditions are present.
LORE : a body of traditions and knowledge on a subject or held by a particular group, typically passed from
person to
person by word of mouth. “the jinns of Arabian lore”
synonyms: mythology, myths, legends, stories, traditions, folklore, fables, oral tradition, mythos “Arthurian lore”
knowledge, learning, wisdom;
informal know-how
“baseball lore”
assertion : (n) From Latin past tense meaning "
Claim rights over something, state, maintain, affirm"
signature : Sign; "pledge, bind" . In classical Latin "the matrix of a seal," from signatus, past participle of signare "to mark with a stamp, sign" [etymonline]
solicitor : [
common law mini dictionary] as in soliciting "Prostitute, selling one's body or service".
submit : [
common law mini dictionary] (v) 14th century "to place (oneself) under the control of another, to yeild oneself," and Sense of Begging.
statement : [
common law mini dictionary] Commercially "document stating/displaying debits and credits".
speculation : [
common law mini dictionary] (n) Disparaging sense "mere conjecture" See
'hearsay' and
'conjecture'.
state : [
common law mini dictionary] Is a group of people that occupy a
land mass and agree by consent to abide by a set of rules that secure and protect
property against foreign invaders and people from within.
believe : [
common law mini dictionary] Only a
man can believe, a
man can
believe whatever he likes be that religious or what he
believe he thought he saw, no one can tell you what you can believe, for example: i
believe he did
Wrong to i, or he did
Wrong (could be seen as a Libellous statement).
belief (n) : [
common law mini dictionary] a faith/ to hold dear/ to trust, conviction that something is True.
bench : [
common law mini dictionary] Latin for Bank, JUDGES are Bankers and give rulings for Banks, Banks direct the flow of currency. Understanding the Law of Water Merchant or Maritime Law (as opposed to the Law of the Land). Mer from the
land of Canaan in the Bible, Canaanites were from Firmitions bloodline, 'Canaar' Meant Merchant Banker who were Merchant, Mer derives from water as in Mer-maid and Mer-chants.
merchant : [Wiktionary.org] Prefix From Middle English mere-, from Old English mere-, from Proto-Germanic *mari-, from Proto-Germanic *mari (“sea”) mer- sea; marine; applied to beings that are partly sea-creatures: mercow, mermaid, merman, merswine, mersnake + Suffix chant Borrowed from Old French chanter, from Latin cantō, cantāre (“to sing”). A repetitive song, typically an incantation or part of a ritual. Etymologically the earliest relationship is found from [etymonline.com] c. 1200, from Anglo-French marchaunt "merchant, shopkeeper" and from Vulgar Latin *mercatantem (nominative *mercatans) "a buyer," present participle of *mercatare, frequentative of Latin mercari "to trade, traffic, deal in". [comment] The prefix mer- and suffix -chant are given according to how dividing the word into syllables would dictate where one may understand the word merchant as being a chant or repetitive song that comes from the sea referring possibly to early sea traders who had the gift of the gab; able to mesmerise customers with a slick or repetitive presentation in
order to sell products.
at & in : Against the general tenor of life; the words at & in are used at will and for most are insignificant; but in law not so. From the perspective of law if you are in something whether that be a car, boat, a tree or in a court; in each case you are subject to the laws, control, and authority of who's car, boat, or court you are in; or in the case of a tree subject to the laws of nature and gravity; where the word control in a court is synonymous with the word jurisdiction. On court documents you might often see "in" 'Queens Bench' or "at" 'Queens Bench' where in the case of a tree if you are at or near to the tree you are not bound by the rules you would be subject to if you where "in" the tree. A Judge once asked a party to a case "are you 'in' the car park" a trick question designed to gain jurisdiction where the
man replied no I am at this court house.
afford : [etymonline] "to put forth, contribute; further, advance; carry out, accomplish," [
common law mini dictionary]
moved forward with ie "Afford a court of record"
case law : In
common law case law is referred to in comparison only ie. [cf. case such and such] being only an interpretation or summary of what occurred which cannot be attested to as the truth. Case law is used by
Barristers and Lawyers who having
no first hand knowledge of facts and evidence use it in support of motions for orders unlike a man, or Judge who create orders. To rely on case law is prosecuting a case from a position of deficiency; where you have the ability as a
man or wo
man to create an order; wether it be for the
restoration of
property or to have another
man or wo
man summonsed to give an answer as to the
claim you make against them. In a court of law a
man can
require a certain thing be done he does not have ask or make petitions.
Companies, Corporations, Government, Police and Councils : Common public organisations that exist to secure and protect the
property of man; where the men and women who work in these organisations are servants of the public and have no standing or capacity to
claim anything unless as a
man who has been harmed, or trespassed against, or to whom compensation is due for a debt.
civil : From Latin civilis relating to; courteous manners of Citizens in Public life and Later in old French 13th(c) relating to "Civil Law". Of English in the 16th(c) distinctions where made between "Courteous" said of superiors and "Civil" of inferiors.
qualify : "to invest with a quality" or from Medieval Latin
qualificare; "to attribute a quality to"
artifice : from Latin artificium (n) [wiktionary.com] A crafty underhanded deception; a trick played out as an ingenious but artful ruse; a strategic manoeuvre using clever means to avoid detection or capture; a tactical move to gain advantage.
calumny : from Latin "calumnia" [wiktionary.com] being a falsification or misrepresentation intended to disparage or discredit another. ie.
"Accusations of abuse were pure extortive calumny in a malicious bid to make money."; also false charges brought about to tarnish another's reputation or standing.
synonyms: defamation, obloquy, vilification, slander.
aver : [etymonline] late 14c., "assert the truth of," from Old French averer "verify, confirm, prove" (12c.), from Vulgar Latin *adverare "make true, prove to be true," from Latin ad "to" (see ad-) + verus "true" (from PIE root *were-o- "true, trustworthy"). From 1580s as "affirm with confidence." Related: Averred; averring.
justice : Henry Bracton describes justice as
"the constant and unfailing will to give to each man his right.' This definition may be understood in two ways, according as justice is taken to be in the Creator or in the created. If in the Creator, that is, in God, the matter is clear, since justice is the disposition of God which in all things rightfully orders and justly disposes. God himself gives to each man in accordance with his deserts. He is neither variable nor inconstant in his dispositions and wills, but is constant and unfailing. For he had no beginning, nor has nor will have any end. The definition may be understood in another way, that justice is in the created, that is, in the just man, The just man has the will to give to each his right, and thus that will is called justice." [comment] It seems from Bracton that justice is said to be that which is constant or has consistency and is habitually unfailing where he mentions justice is a good habit of "the mind" or the habit of a mind well constituted and an act of will without which exists acts of indifference; where it is both "will" and "purpose" distinguishing justice from maleficia.
jus : right, the right, or the right of
tortuous : (adj.) from Latin
tortuosus "full of twists and turns", the definition though related has to be distinguished from a tortuos act; a wrongful act that is considered to be a tort (= wrongful or un
lawful injury or damage that is not the result of a crime or which is tried in the civil courts)
The plaintiff is claiming that she suffered emotional distress, shame, fear and great mental anguish as a result of the defendant's tortuous act.
contempt : late 14thc.,
"open disregard or disobedience" (of authority, the law, etc.) with the general sense of "an act of despising or scorn for what is mean, vile, or worthless" directly Latin contemptus "scorn," from past participle of contemnere"to scorn, despise," from assimilated form of com-, here probably an intensive prefix (see com-), + *temnere "to slight, scorn, despise," which is of uncertain origin.
Latin also had contemptrix "she who despises." Phrase contempt of court "open disregard or disrespect for the rules, orders, or process of judicial authority" is attested by 1719, but the idea is in the earliest uses of contempt.
breach of enclosure : in
common law an enclosure is the boundary of anything you
claim as
property that has been crossed, invaded, trespassed upon, or possibly violated; which could be
land your body, or the body of your children by such as a foreign substance, anything, or anybody as claimed.
hold : to administrate, or maintain care custody and control of
property in your possession; but not necessarily with the right to do so; [cf. naked posession]
injury : "harm, damage, loss; specific injury, wrongful action, injustice, insult" accruable financial Loss to Rights, reputation or Property, in which case You may
wish to serve an itemised bill. Generally an injury befalls persons and things, but it is only
harm that befalls a man.
sanction : [
common law mini dictionary] (v.) From around 1770's "confirm by sanction, make valid or binding" and "to permit authoritatively" (n.) from old legalese with a sense "to impose a penalty upon"
[etymonline] (n.) early 15c., "confirmation or enactment of a law," from Latin sanctionem (nominative sanctio) "act of decreeing or ordaining," also "decree, ordinance," noun of action from past participle stem of sancire "to decree, confirm, ratify, make sacred" (see saint (n.)). Originally especially of ecclesiastical decrees. (v.)
traverse : an obstacle or something that lies across ones path, or to go against or act in opposition to : OPPOSE, THWART; and also seen as an out right denial of fact in answer to a
complaint with a presentation of facts contrary to that of the plaintiff. To traverse a case however would be the active obstruction of a case moving forward i.e. by a Judge or Magistrate.
expert : directly from Latin expertus (contracted from *experitus), "tried, proved, known by experience,". One able to give testimony, or who is wise "out of experience, or testing" on a subject, and who is distinct from others who can only testify as to facts and evidence.
relevant : [Blacks Law 2nd Ed] Applying to the matter in question; affording something to the purpose. In Scotch law, good in law, legally sufficient; as, a "relevant" plea or defence.
[Blacks Law 8th edition] relevant,adj. Logically connected and tending to prove or disprove a matter in issue; having appreciable probative value — that is, rationally tending to persuade people of the probability or possibility of some alleged fact. Cf. MATERIAL(2), (3). [Cases: Criminal Law 338; Evidence 99.C.J.S. Criminal Law §§ 710, 730; Evidence§§ 2–5, 197–199, 204, 206.] “The word ‘relevant’ means that any two facts to which it is applied are so related to each other that according to the common course of events one either taken by itself or in connection with other facts proves or renders probable the past, present, or future existence or non-existence of the other.” James Fitzjames Stephen, A Digest of the Law of Evidence 2 (4th ed. 1881).
locomotion : from Latin loco "from a place" + motionem (nominative motio) "motion, a moving" meaning "the motion of moving from a place" or "movement from place to place".
liberty : There is a distinction between being free and at liberty; where freedom is inherent in
man by right; and
liberty is freedom granted by virtue of a constitution,
treaty, or state of employment such as the case where one is on leave, or at
liberty from military service. [etymonline] from Latin libertatem (nominative libertas) "
civil or political freedom, condition of a free man; absence of restraint; permission," from liber "free" (see liberal (adj.)). At first of persons; of communities, "state of being free from arbitrary, despotic, or autocratic rule or control" is from late 15c.
receiver : someone who receives stolen goods from thieves and conceals the goods, and, or the fact they are stolen.
considered : [Dr Jennifer Daniels] believed to be.
false imprisonment : unless there has been a breach of the peace in the presence of an arresting police officer, or there is reasonable grounds to
believe those facing a pending arrest are felons or are about to commit a felony; a police officer has no grounds to arrest anyone without a warrant: where such an arrest would become false imprisonment.
restitution : [etymonline] early 14c., from Old French restitucion or directly from
Latin restitutionem (nominative restitutio) "a restoring," noun of action from past participle stem of restituere "set up again, restore, rebuild, replace, revive, reinstate, re-establish," from re- "again" (see re-) + statuere "to set up," from PIE root *sta- "to stand, make or be firm."
land : most understand
land as a
continental land mass but in law it is the inhabitants of a region, a country, a nation, or people who's monarch is at one with the people and the embodiment of, and representation to the outside world of all that is good about the nation as a whole. Birth Certificates for many are a burden but in reality are only an instrument authored by a governing body that stand as evidence of a man's birthright to all that exists upon the
land mass which he lives; ie. mineral rights, the right to own
property or whatever he claims as proper to his person. In law Banks cannot own land, they can only own the
property that may be on land.
surrender : something given up as a result of stress, under duress, or by way of words or actions one would fear to disregard. [etymonline] mid-15c., "to give (something) up," from Old French surrendre "give up, deliver over" (13c.), from sur- "over" (see sur- (1)) + rendre "give back" (see render (v.)). Reflexive sense of "to give oneself up" (especially as a prisoner) is from the 1580s. Related: Surrendered; surrendering. [comment] something
abandoned however is distinct in that it has been freely disposed of, or given up as an act of will.
mine : as a pronoun 'mine' is described as coming from Old English min "mine, my", and as an adjective
"belonging to me". Its use in
common law would be to denote the possession of
property ie. the red car; that which is
mine (see exhibit A)
ordain : [
Bill Thornton] to make law in a sovereign capacity; that is;
sovereignty is vested in the people and through the people a constitution is formed binding non sovereign entities such as states and governing bodies.
contract : [etymonline] early 14c., "agreement between two or more persons to do or not do some particular thing," originally especially of marriage, from Old French contract (Modern French contrat), from Latin contractus
"a drawing together, a shrinking; a contract, an agreement," from past participle of contrahere
"to draw several objects together; draw in, shorten, lessen, abridge," metaphorically
"make a bargain, make an agreement," from assimilated form of com "with, together" (see con-) + trahere "to draw" (see tract (n.1)). [
Bill Thornton] for a valid contract it has to be entered into knowingly and intelligently; with free and full disclosure, or fraud becomes an element making it void.
https://youtu.be/IkkECkt2gY8?t=3051
peer : (n.) c. 1300, from Latin par "to match, or be equal" with the sense of belonging to a social group as an equal in status or in rank.
peerage : (n.) mid-15c. "peers collectively" from peer (n.) + -age. from Late Latin
-aticum "belonging or related to"
disparage : late 14c., "degrade socially" (for marrying below rank or without proper ceremony), from Anglo-French and Old French desparagier (Modern French déparager) "reduce in rank, degrade, devalue, depreciate," originally "to marry unequally, marry to one of inferior condition or rank," and thus, by extension, to bring on oneself or one's family the disgrace or dishonor involved in this, from des- "away" (see dis-) + parage "rank, lineage" (see peer (n.)).
Also from late 14c. as "injure or dishonour by a comparison," especially by treating as equal or inferior to what is of less dignity, importance, or value. Sense of "belittle, undervalue, criticize or censure unjustly" is by 1530s. Related: Disparaged; disparaging; disparagingly. [comment] to strip away one's rank or lineage by marrying into a lower class. Also to undervalue the estimation of another by speaking of them degradingly as an inferior in status or in class.
writ of attachment : [wikipedia] A writ of attachment is a court
order to "attach" or seize an asset.[1] It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in
order to satisfy a judgement issued by a court. A prejudgement writ of attachment may be used to freeze the assets of a defendant while a legal action is pending. Common grounds for obtaining a prejudgement writ of attachment are that a defendant has committed fraud or that a defendant is prepared to hide assets from a court.
One species of this writ is called a "writ of body attachment". This writ may be available to a court wishing to bring into its presence a
person who has been held in contempt of court. In this situation, the writ is also sometimes called a "writ of bodily attachment", an "
order of commitment for civil contempt", or a "warrant for civil arrest".[2]
appear : [etymonline] from
Latin apparere "to appear, come in sight, make an appearance," from ad "to" (see ad-) + parere "to come forth, be visible; submit, obey," which is of uncertain origin. Of persons, "present oneself," late 14c. Meaning "seem, have a certain appearance" is late 14c. Related: Appeared; appearing. [
Karl Lentz]
the manifestation of many parts (of which could be persons) that come together, or come forth as one.
robbery : Is a trespass, and the un
lawful physical taking of property; by force; in the presence of a
man who is the owner of said property. A robbery can be assumed to have occurred because there is a first hand account from a witness as to the identity of the
man who committed the trespass.
theft : Is a
trespass and the un
lawful taking of
property without the knowledge of, and not in the presence of the owner of said property.
lawful : what is determined as the truth and as law as a matter of right before a Jury (an independent tribunal) in a
common law court. A
lawful outcome or judgement arises out of a
claim that certain actions or inactions have led to a
trespass being the wrongful cause of harm, injury, or loss. Something done in an un
lawful manner causes the fear of harm,
harm to a
man or woman; or are actions, or inactions that result in injury, or loss to his
person and or property. What is
lawful or un
lawful is distinct as a matter of right from what is legal or illegal as relating to a breach of a policy, code, or the rules of a legislative assembly.
restore : [etymonline] (v.) c. 1300,
"to give back," also, "to build up again, repair," from Old French restorer, from Latin restaurare
"repair, rebuild, renew," from re- "back, again" (see re-) + -staurare, as in instaurare "to set up, establish; renew, restore," [comment] something un-restore-able or irreparable is something unable once again to be made whole. In
common law one will "
require the
restoration of property" or compensation in return.
forgery : [etymonline] 1570s, "a thing made fraudulently," from forge (v.) + -ery. Meaning "act of counterfeiting" is 1590s. The literal sense of the verb tended to go with forging (late 14c. as "act of working on a forge," 1858 as "piece of work made on a forge").
device : law. [reference: wordnik.com] A scheme, contrivance, plan, design, invention, artifice, or trick used to deceive or defraud another of his right; specifically, something contrived of for an evil or a selfish purpose; a wrongful project, stratagem, or trick. Synonyms are artifice, wile, ruse, manoeuvre, trick.
determine : [etymonline] late 14c., determinen, "to settle, decide upon; state definitely; fix the bounds of; limit in time or extent," also "come to a firm decision or definite intention" (to do something), from Old French determiner (12c.) and directly
from Latin determinare "to enclose, bound, set limits to," from de "off" (see de-) + terminare "to mark the end or boundary," from terminus "end, limit" (see terminus).
Meaning "render judgment" is from early 15c. Sense of "give direction or tendency to" is from early 15c. Meaning "to find (as the solution of a problem)" is from 1640s. Related: Determined; determining; determiner.
render : to render a verdict is the returning, handing over, or the giving back of what was determined according to presented facts and evidence before an independent tribunal (a Jury).
verdict : meaning literally "a true saying or report" comes from
ver, veir "true" +
dit, past participle of
dire "to say" and is generally understood as the decision of a Jury in a court case.
confusion : [etymonline] c. 1300, confusioun, "overthrow, ruin," from Old French confusion "disorder, confusion, shame" (11c.) and directly from Latin confusionem (nominative confusio)
"a mingling, mixing, blending; confusion, disorder," noun of action from past-participle stem of confundere "to pour together," also "to confuse" (see confound).
Meaning "act of mingling together two or more things or notions properly separate" is from mid-14c. Sense of "a putting to shame, perturbation of the mind" (a sort of mental "overthrow") is from c. 1400 in English, while that of "mental perplexity, state of having indistinct ideas" is from 1590s. Meaning "state of being mixed together," literally or figuratively, "a disorderly mingling" is from late 14c.
intercourse : is the intercommunication or communication to and fro relating to commerce or exchange as part of a mutual meeting or business transaction. One has to be careful with whom one intercourses, or has business dealings with; many are dishonourable.
witness : Old English witnes
"attestation of fact, event, etc., from personal knowledge;" also
"one who so testifies;" originally "knowledge, wit (to know)" formed from wit (n.) + -ness. Christian use (late 14c.) is as a literal translation of Greek martys (see martyr). Witness stand is recorded from 1853.
conspiracy : [etymonline] from Latin conspirationem (nominative conspiratio) "agreement, union, unanimity," noun of action from past-participle stem of conspirare
"to agree, unite, plot," literally
"to breathe together". [comment] A conspiracy is distinct from a 'conspiracy theory' in that as a matter of fact it is considered the plotting of evil, or un
lawful design for an evil purpose amongst a group of individuals who have agreed to unite with a common cause; where a
conspiracy theory may only be based on presumptions, or perceptions; founded, or unfounded that a conspiracy exists.
debtor : a debtor is a slave to his master, one who carries the burden of a
debt and as such is obligated to another
man or wo
man as a matter of right where the word
debt in Ger
man also means 'guilt'. If approached by any government agency or corporate entity regarding a
debt it has to be justified as a matter of right, or it can be claimed an attempt is being made to defraud you of your
property there being no verifiable
claim as to a true debt.
corporeal : (adj) 1610s,
"of a material or physical nature, not mental or spiritual," with adjectival suffix -al (1) + Latin corporeus
"of the nature of a body," from corpus "body" (living or dead), from PIE *kwrpes, from root *kwrep- "body, form, appearance." Meaning "relating to a material body or physical thing" is from 1660s. Related: Corporeality, corporeally.
mediate : [wordnik.com] To intervene for the purpose of reconciliation; act as an intermediary for the settlement of a disagreement or discord; intercede. [etymonline] 1540s, "divide in two equal parts" (a sense now obsolete), from Latin mediatus, past participle of mediare
"to halve," later, "be in the middle," from Latin medius "middle" (from PIE root *medhyo- "middle"); from 1640s as "occupy a middle place or position." Meaning "act as a mediator, intervene for the purpose of reconciliation" is from 1610s; that of "settle by mediation, harmonize, reconcile" is from 1560s, perhaps back-formations from mediation or mediator. Related: Mediated; mediates; mediating.
owner : [Commonlaw Mini Dictionary] from
own (v.) "to have, to own" (adj) from PIE, "to be master off, possess" Old English "possessed by" or "to have" [etymonline] (n.) "one who owns, one who has legal or rightful title," mid-14c.,
ouner, agent noun from own (v.). The Old English word was agnere. [comment] when something is owned it can be claimed as
property one has exclusive right of all others to use and enjoy.
suffer : a word often used to gain jurisdiction where if one concedes to suffering or having suffered he has allowed something to continue to occur by consent. [etymonline] mid-13c.,
"allow to occur or continue, permit, tolerate, fail to prevent or suppress," also "to be made to undergo, endure, be subjected to" (pain, death, punishment, judgment, grief), from Anglo-French suffrir, Old French sofrir "bear, endure, resist; permit, tolerate, allow" (Modern French souffrir), from Vulgar Latin *sufferire, variant of Latin sufferre
"to bear, undergo, endure, carry or put under," from sub "up, under" (see sub-) + ferre "to carry, bear," from PIE root *bher- (1) "to carry," also "to bear children."
Replaced Old English þolian, þrowian. Meaning "submit meekly to" is from early 14c. Meaning "undergo, be subject to, be affected by, experience; be acted on by an agent" is from late 14c. Related: Suffered; sufferer; suffering. Suffering ______! as an exclamation is attested from 1859.
evoke : [etymonline] 1620s, from French évoquer or directly from Latin evocare
"call out, rouse, to summon forth," from assimilated form of ex "out" (see ex-) + vocare "to call" (from PIE root *wekw- "to speak"). Often more or less with a sense of "calling spirits," or being called by them. Of feelings, memories, etc., by 1856. Related: Evoked; evokes; evoking. [comment] When making a claim; a
man by right is evoking Queens bench; a place of exclusively inherent jurisdiction under his control. [
Karl Lentz] French "the voice, to voice out, to call out", to call forth, to summons forth; regulating discipline of an exercise; to call away, to move from one tribunal to another.
invoke : from Latin
invocare "to call upon, to implore" when one invokes something it is called upon as a matter of right.