Legal Articles

UNJUST

Contrary to right and justice, or to the enjoyment of his rights by another, or to the standards of conduct furnished by the laws.

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UNSOLEMN WAR

War denounced without a declaration; war made not upon general but special declaration; imperfect war. People v. McLeod, 1 Hill (N. T.) 409, 37 Am. Dec. 328.

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USHER

This word Is said to be derived from “huissier,” and is the name of a subor- dinate officer in some English courts of law. Archb. Pr. 25. USHER OF THE BLACK ROD. The gentleman usher of the black rod is an officer of the house of lords appointed by let- DSO 1191 USURIOUS lers patent from the crown. His duties are, by himself or deputy, to desire the attendance of the commons in the house of peers when the royal assent is given to bills, either by the king in person or by commission, to execute orders for the commitment of persons guilty of breach of privilege, and also to assist in the introduction of peers when they take the oaths and their seats. Brown.

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USURY

In old English law. Interest of money; increase for the loan of money ; a reward for the use of money. 2 111. y Comm. 404. In modern law. Unlawful interest; a premium or compensation paid or stipulated to be paid for the use of money borrowed or returned, beyond the rate of interest estab- lished by law. Webster. Au unlawful contract upon the loan of money, to receive the same again with ex- orbitant increase. 4 Rl. Comm. 150. Usury is the reserving and taking, or contracting to reserve aud take, either directly or by indirection, a greater sum for the use of money than the lawful interest. Code Ga. 1SS2,

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UTILIDAD

Span. In Spanish law. The profit of a thing. White, New Recop. b. 2, tit. 2, c. 1.

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ULTRA

Lat Beyond; outside of; in excess of. Damages ultra, damages beyond a sum paid into court.

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UNCONSTITUTIONAL

That which Is contrary to the constitution. The opposite of “constitutional.” See State v. McCann. 4 Lea (Tenn.) 10; In re Rahrer (C. C.) 43 Fed. 558, 10 L. R. A. 444; Norton v. Shelby County, 118 U. S. 425, 6 S. Ct 1121, 30 L. Ed. 178.

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UNDERTAKING

A promise, engagement, or stipulation. Each of the promises made by the parties to a contract, considered independently and not as mutual, may, in this sense, be denominated an “undertaking.” “Undertaking” is frequently used in the special sense of a promise given in the course of legal proceedings by a party or his counsel, generally as a condition to obtaining some concession from the court or the opposite party.

TLD Example: The president offered her personal undertaking to ensure her company would halt construction on its new factory under the lawsuit about its impact on the environment was resolved.

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UNIO

Lat. In canon law. A consolidation of two churches into one. Cowell.

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UNKOUTH

Unknown. The law French form of the Saxon “uncouth.” Britt. c. 12.

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UNSOUND MIND

A person of unsound mind is an adult who from infirmity of mind is incapable of managing himself or his affairs. The term, therefore, includes insane persons, idiots, and imbeciles. Sweet. See INSANITY. And see Cheney v. Price, 90 Hun, 23S, 37 N. Y. Supp. 117; In re Black’s Estate, 1 Myr. Prob. (Cal.) 24; In re Mason, 3 Edw. Ch. (N. Y.) 3S0; Hart v. Miller, 29 Ind. App. 222, 04 N. E. 239; In re Lindsley, 44 N. J. Eq. 5G4, 15 Atl. 1, 0 Am. St. Bep. 913; Dennett v. Dennett, 44 N. H. 531, 84 Am. Dec. 97; Edwards v. Davenport (C. C.) 20 Fed. 758; Witte v. Gilbert, 10 Neb. 539, 7 X. W. 2S8; Stewart v. Lispenard, 20 Wend. (N. Y.) 300.

TLD Example: The challenge to the last will and testament claimed the deceased was of unsound mind at the time he signed it and did not understand how his estate would be distributed.

TLD Example 2: It was clear from the shabby way she was dressed and her incoherent speech that the woman was of unsound mind.

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USO

In Spanish law. Usage; that which arises from certain things which men say and do and practice uninterruptedly for a great length of time, without any hindrance whatever. Las Partidas, pt. 1, tit 2, L 1.

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USUS

Lat In Roman law. A precarious enjoyment of land, corresponding with the right of habitatio of houses, and being closely analogous to the tenancy at sufferance or at will of English law. The usuarius (

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UTILIS

Lat. In the civil law. Useful; beneficial; equitable; available. Actio utilis, an equitable action. Calvin. Dies utilis, an available day.

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ULTRONEOUS WITNESS

In Scotch law. A volunteer witness; one who appears to give evidence without being called upon. 2 Alis. Crim. Pr. 303.

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UNCONTROLLABLE IMPULSE

As an excuse for the commission of an act otherwise criminal, this term means an impulse towards its commission of such fixity and intensity that it cannot be resisted by the person subject to it, in the enfeebled condition of his will and moral sense resulting from derangement or mania. See INSANITY. And see State v. O’Neil, 51 Kan. 651, 33 Pac. 287, 24 L. R. A. 555. UNCORE PRIST 1184 UNDERWRITER

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UNDERTOOK

Agreed; assumed. Tills is the technical word to be used in alleging the promise which forms the basis of an action of assumpsit.

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UNIO PROLIUM

Lat. Uuiting of offspring. A method of adoption, chiefly used in Germany, by which step-children (on either or both sides of the house) are made equal, in respect to the right of succession, with the children who spring from the marriage of the two contracting parties. See Heinece. Elem.

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UNEAGE

Sax. An unjust law.

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UNTHRIFT

A prodigal; a spendthrift 1 Bl. Comm. 306.

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