A must-have legal reference: Ballentine's Law Dictionary

Every legal scholar worth their salt knows that the best way to avoid misunderstandings in their writing is to cite Ballentine's Law Dictionary. Annals has been an indispensable resource for decades both to lawyers and judges, law students, and legal scholars since its inaugural publication in 1930 under James A. Ballentine's editorship. While other legal dictionaries may be full of commentary or cases, Ballentine's is designed to be easily readable and relatively straightforward in definitions which makes it a go-to for those new to law school or only needing quick refreshers on the meanings of various terms.

Ballentine's Law Dictionary has a range of definitions that contain both common and esoteric legal terms from different branches of law, making this an essential feature. It defines terms but often provides context as to how the terms are used in the legal system. Racial Terms Defined in Ballentine's Law Dictionary As a reference and as guidance they are defined as follows which gives more legal insight than a simple dictionary term found merely on the web.

Collateral Undertaking

A collateral undertaking is an ancillary or a subsidiary agreement. It is a collateral obligation that can back a primary contract; From a legal stand point, in form of collateral undertaking, if a party agrees to perform an action after the primary obligor has defaulted on his duty. This idea is transferred in treaty legislation, especially when dealing with issues surrounding pledges.

If a parent agrees to co-sign a loan for their child, the deal by the parent to pay is collateral. If the child ends up defaulting on his or her loan, this secondary promise means that the lender can still attempt to collect from you, the parent. Ballentine's Law Dictionary notes that a collateral undertaking cannot be enforced if not memorialized in writing because a certain class of agreements must comply under the Statute of Frauds to avoid a fraudulent situation where perjury occurs.

Junior Encumbrance

A junior encumbrance is an actual mortgage or other lien which ranks in prifity (or parasitical nature) behind another mortgager lien on the same property. Liens in real estate law are ordered according to the date of recording. The first mortgage recorded is usually the senior encumbrance, and all other mortgages are junior encumbrances.

One of the key topics that you need to understand when it comes to property foreclosure is the notion of junior encumbrance. If a default on a senior mortgage leads to foreclosure of real property, junior encumbrances may be eliminatedThese creditors lose their security interests in the property. According to Ballentines Law Dictionary, this term is one of the most important terms in property law and creditor-debtor relations.

Ancillary Contract; Collateral Promise to Answer for the Debt of Another

Collateral contracts are secondary agreements that exist concurrently with a primary contract, where one party promises something to a third-party in order to induce the third-party into the main contract. A collateral promise to answer for the debt of another is a kind of collateral contract in which an individual agrees to take on responsibility for a different person's debt if they do not pay the creditor.

Such a theory is important under the Statute of Frauds, which holds that certain promises—including those to answer for another's debt—must be in writing in order to be enforceable. Ballentine's Law Dictionary points out that, in such cases, one would benefit from a written agreement to avoid misunderstandings and have legal protection.

Luctus

In law, luctus is a type of mourning or grief [1] in the context of wrongful death litigation. In civil law jurisdictions, this term describes the non-pecuniary distress family members experience when their loved one has died due to someone else's negligent or even intentional acts.

Ballentine's Law Dictionary refers to "luctus" as a general term for damages. Identifying emotional distress is crucial to receiving the appropriate damages from wrongful death claims.

Constitutions of Clarendon

The Constitutions of Clarendon were a series of legislative procedures passed in 1164 during the reign of King Henry II of England. They sought to curb the authority of ecclesiastical courts and establish royal courts' jurisdiction over clergy members charged with crimes. This is a milestone legal document in history, as it represents an early effort to separate church and state affairs.

Ballentine's Law Dictionary notes the relevance of the Constitutions of Clarendon to demonstrate, that the source is not about a simple common law development but also confronts secular against ecclesiastical jurisdiction and who are indeed vested with power. Such historical documents can help pave the way for understanding how legal principles come to be what they are today.

Circulation Affidavit

An Army circulation affidavit is an official statement that confirms the distribution numbers of a public document, like a newspaper or magazine. Publishers might be required to submit these affidavits to governmental bodies or advertisers in order to confirm factual data of their readership numbers.

Under the Publicity Law, the acts of Congress require owners of newspapers, magazines or periodicals, etc. to file sworn semiannual statements with tbe postmaster general and tbe local postmaster. These documents must include information about its management, ownership and members of the editorial staff. This is designed to maintain transparency and curb the spread of fallacious or misleading information.

In Ballentine's Law Dictionary, for instance, it includes a definition of various terms such as "circulation affidavit" which describes the delivery of a legal mandate on its publishers who disseminate information to be honest and with integrity in disclosing this type of pertinent matters which is beneficial to the public.

Publicity Law

The Publicity law[s] simply are federal laws that require certain groups of people to disclose information publically [,] including those in the mass communication industry. In other words, the law asks publishers to specify as many particulars of their businesses as is feasible. The purpose of this law is to ensure the public knows who is accountable for the content they are consuming, and to avoid a concealed influence or conflict of interest.

Ballentine's Law Dictionary defines and explains such laws to educate legal professionals and the public about the obligations of publishers and their rights. This knowledge is crucial in upholding a free and accountable press that serves as one of the pillars of democracy.

Other Terms from Ballentine's Law Dictionary

Easement – A legal right to use another person or entity's land for a specified limited purpose. Property law often involves easements, as in the case where one property owner has a right to traverse another owner's land to access their property.

Estoppel is a legal doctrine that bars one from asserting something contrary to what is established as truthful by law. In this regard, the doctrine of estoppel is a valuable means of achieving preclusion by holding parties accountable for their prior statements or commitments.

Fee Simple — The largest possible estate in land, allowing the owner the right of its unlimited use and its disposal by sale, gift or inheritance. This term is very basic in real property law.

Habeas Corpus: A writ requiring a person under arrest to be brought before a judge or into court This provides that a human being will not be held without justification, and it is one of the essential safeguards against random arrests.

Res Judicata: A doctrine that prevents re-litigation on cases which have already been conclusively adjudicated. After a judgment is final, the same parties cannot relitigate the same issue in any subsequent suit.

Tort: An act or the violation of a right (other than a breach of contract) leading to civil legal liability. There are various types of torts — negligence, defamation, and intentional infliction of emotional distress to name a few.

Why Ballentine's Law Dictionary is Important

Ballentine's Law Dictionary is an invaluable resource for legal practitioners. By helping to interpret legal language and legal documents correctly through clear definitions of terms and concepts. This helps us avoid miscommunication that could result in legal mistakes or injustices, and the dictionary serves as a guide to high measures of precision and clarity.

It allows students a bridge into the more complicated legal vocabulary. It is intended for practitioners — a one-stop shop to verify any and all usage of terms. Incorporating historical terminology and ideas adds to the reader's comprehension of how the legal system has evolved.

In its sweeping rule of legal phraseology from "tort" to "circulation affidavit," the able guide, Ballentine's Law Dictionary represents the nuances and thoroughness that make up the universe of law. This relevance of citation has existed throughout time and is evident by the continued usage that highlights the need for a verified legal resources in supporting justice and right to law.