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Lat. In Roman law. The regulation of justifiable defense. A term used to express that degree of force in defense of the person or property which a person might safely use, although it should occasion the death of the aggressor. Calvin; Bell. … [Read more...] about MODERAMEN INCULPATE TUTELAE

That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-stones, monuments in a church, and title deeds to an estate, are of this nature. 1 Ch. Pr. 95; 2 Bl. Com. 428; 3 Barn. Adolph. 174; 4 Bingh. R. 106; S. C. 13 Engl. Com. Law Rep. 362. … [Read more...] about MIXED PROPERTY

A writ founded on Magna Charta. which lies for him who is amerced in a court not of record, for any transgression beyond the quality or quantity of the offense. It is addressed to the lord of the court, or his bailiff, commanding him to take a moderate amerciament of the parties. New Nat Brev. 167; Fitzh. Nat Brev. 76. … [Read more...] about MODERATA MISERICORDIA

civil law. One in which one of the parties confers a benefit on the other, and requires of the latter something of less value than what he has given; as a legacy charged with something of less value than the legacy itself. … [Read more...] about MIXT CONTRACT

Latin: In pleading. He moderately chastised. The name of a plea in trespass which justifies an alleged battery on the ground that It consisted in a moderate chastisement of the plaintiff by the defendant, which, from their relations, the latter had a legal right to inflict … [Read more...] about MODERATE CASTIGAVIT