Legal Articles

AUGUSTA LEGIBUS SOLUTA NON EST

The empress or queen is not privileged or exempted from subjection to the laws. 1 Bl. Comm. 219; Dig. 1, 3, 31.

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AUTER DROIT

In right of another, e. g., a trustee holds trust property in right of his cestui que trust. A prochein amy sues in right of an infant. 2 Bl. Comm. 176.

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AUTRE ACTION PENDANT

Another action pending.

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AVAL

In French law. The guaranty of a bill of exchange; so called because usually placed at the foot or bottom (aval) of the bill. Story, Bills,

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AVERIIG CAPTIS IN WITHERNAM

A writ granted to one whose cattle were unlawfully distrained by another and driven out of the county in which they were taken, so that they could not be replevied by the sheriff. Reg. Orig. 82.

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AVOW

In pleading. To acknowledge and justify an act done. To make an avowry. For example, when replevin Is brought for a thing distrained, and the party taking claims that he had a right to make the distress, he is said to avow. Newell Mill Co. v. Muxlow, 115 N. Y. 170, 21 N. E 1048.

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AYLE

See AIEL.

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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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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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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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