Legal Articles

ALDERMANNNS CIVITATIS VEL BURGI

Alderman of a city or borough, from which the modern oilice of alderman has been derived. T. liaym. 435, 437.

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ALGO

Span. In Spanish law. Property. White, Nov. Recop. b. 1, tit. 5, c. 3.

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ALIENATIO LICET PROHIBEATUR, CONSENSU TAMEN OMNIUM

in quorum favorem prohibits est, potest fieri, et quilibet potest renunciare juri pro se introdncto. Although alienation be prohibited, yet. by the consent of all in whose favor it is prohibited, it may take place; for it is in the power of any man to renounce a law made in his own favor. Co. Litt. 98.

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ALITER

Lat Otherwise. A term often used in the reports. Aliud est celare, aliud tacere. To conceal Is one thing; to be silent is another thing. Lord Mansfield, 3 Burr. 1910.

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ALLEGATION

The assertion, declaration, or statement of a party to an action, made in a pleading, setting out what he expects to prove. A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. Code Civil Proc. Cal.

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ALLOCUTUS

In criminal procedure, when a prisoner is convicted on a trial for treason or felony, the court is bound to demand of him what he has to say as to why the court should not proceed to judgment against him; this demand is called the “allocutus,” or “allocution,” and is entered on the record. Archb. Crim. Pi. 173; State Y. Ball, 27 Mo. 324.

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ALLOYNOUR

L. Fr. One who conceals, steals, or carries off a thing privately. Britt. c. 17.

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Amentia

A total lack of intelligence, reason, or mental capacity. Sometimes so used as to cover imbecility or dotage, or even as applicable to all forms of insanity ; but properly restricted to a lack of mental capacity due to original defective organization of the brain (idiocy) or arrested cerebral development, as distinguished from the degeneration of intellectual faculties which once were normal.

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AVERAGE

And see Peters v. Warren Ins. Co., 19 Fed. Cas. 370.

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ACTUAL DAMAGES

Are real, substantial and just damages, or the amount awarded to a complainant in compensation for his actual and real loss or injury, as opposed on the one hand to “nominal” damages, and on the other to “exemplary” or “punitive” damages. Ross v. Leggett, 61 Mich. 445, 28 N. W. 695. 1 Am. St Rep. 608: Lord v. Wood, 120 Iowa, 303, 94 N. W. 842; Western Union Tel. Co. v. Lawson, 66 Kan.. 600, 72 Pac. 2S3; Field v. Monster. 11 Tex. Civ. App. 341, 32 S. W. 417; Oliver v. Columbia, etc., R. Co., 05 S. C. 1, 43 S. E. 307; Gatzow v. Buening, 106 Wis. 1. 81 N. W. 1003, 49 L. R. A. 475, 80 Am. St. Rep. 1 ; Osborn v. Leach, 135 X. C. 02S 47 S. E. 811, 66 L. R. A. 648; Gen. St. Minn. 1S94.

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AFFIRMATIVE DAMAGES

In admiralty law, affirmative damages are damages which a respondent in a libel for injuries to a vessel may recover, which may be in excess of any amount which the libellant would be entitled to claim. Ebert v. The Reuben Doud (D. C.t 3 Fed. 520.

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ASTRONOMICAL DAY

The period of twenty- four hours beginning and ending at noon.

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ARTIFICIAL DAY

The time between the rising and setting of the sun; that is. day or daytime as distinguished from night.

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