wampum (wom-p[schwa]m), n. Hist. Indian money consisting of shells, beads, or animal pelts. • In 1637, it became the first medium of exchange for the New England colonies by order of the General Court of Massa-chusetts, because England had not provided the colonies with a standard of exchange. The Court ordered that “wampampege should passe […]
An offense committed after conviction for a first offense. • The previous conviction, not the indictment, forms the basis of the charge of a second offense.
house-duty. Hist. English law. A tax first imposed in 1851 on inhabited houses. 14 & 15 Vict., ch. 36 (repealed 1924). • This tax replaced the window tax, which levied a duty on houses with more than six windows. See window tax under TAX.
constitutional-fact doctrine. 1. The rule that federal courts are not bound by an administrative agency’s findings of fact when the facts involve whether the agency has exceeded constitutional limitations on its power, esp. regarding personal rights. • The courts reviewed the facts de novo to afford protection of constitutional rights. Although it has not been
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sweinmote (swayn-moht). Hist. A forest court held three times a year, before verderors as judges and freeholders of the forest as jurors, to try forest offenses. — Also spelled swainmote; swanimote; swainemote; swaingemote. “The court of sweinmote is to be holden before the verderors, as judges, by the steward of the sweinmote thrice in every
in pios usus (in pI-[schwa]s yoo-s[schwa]s), adv. [Law Latin] Hist. For pious uses; for religious purposes. • This phrase referred to property used by, or claimed by, the church, such as the property of an intestate who had no known heirs.
preamble (pree-am-b[schwa]l), n. 1. An introductory statement in a constitution, statute, or other document explaining the document’s basis and objective; esp., a statutory recital of the inconveniences for which the statute is designed to provide a remedy. • A preamble often consists of a series of clauses introduced by the conjunction whereas. Such a preamble
public policy. 1. Broadly, principles and standards regarded by the legislature or by the courts as being of fundamental concern to the state and the whole of society. • Courts sometimes use the term to justify their decisions, as when declaring a contract void because it is “contrary to public policy.” — Also termed policy
procurator negotiorum (prok-y[schwa]-ray-t[schwa]r ni-goh-shee-or-[schwa]m). [Latin] Civil law. An attorney-in-fact; a manager of business affairs for another.
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hornbook. 1. A book explaining the basics of a given subject. 2. A textbook containing the rudimentary principles of an area of law. Cf. CASEBOOK. “Hornbook… The first book of children, covered with horn to keep it unsoiled.” Samuel Johnson, A Dictionary of the English Language (1755).