Words all have meanings, in the legal arena the language is paramount...all professions have their own terminology, and the legal arena is no different. The States and the federal government have the right to define legal words and terms, if the federal government or a state does not define a term then one must look next to a law dictionary, one that has case law or other authorities to back up the definition.
Driver. One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. A person actually doing driving, whether employed by owner to drive or driving his own vehicle. Wallace v. Woods, 340 Mo. 452, 102 S.W.2d 91, 97. Black’s Law Dictionary, 4th Ed. 1951, p. 585
Driver. One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. A person actually doing driving, whether employed by owner to drive or driving his own vehicle. Wallace v. Woods, 340 Mo. 452, 102 S.W.2d 91, 97. Black’s Law Dictionary, 4th Ed. Revised 1968, p. 585
Employed. This signifies both the act of doing a thing and the being under contract or orders to do it. To give employment to; to have employment. State v. Birmingham Beauty Shop, Ala., 198 So. 435, 436. Black's Law 4th Ed. p. 617
Operate. This word, when used with relation to automobiles, signifies a personal act in working the mechanism of the automobile; that is, the driver operates the automobile for the owner, but the owner does not operate the automobile unless he drives it himself. Beard v. Clark, Tex.Civ. App., 83 S.W.2d 1023, 1025. Black's Law 4th Edition revised page 1243
Chauffeur. Defined by the New York Motor Vehicle (Highway) Law as anyone operating or driving a motor vehicle as an employee for hire. People v. Fulton, 96 Misc. 663, 162 N.Y.S. 125, 126; People ex rel. McCaul v. Lough (Sp. Sess.) 159 N.Y.S. 990. Statutes elsewhere contain substantially similar definitions. See Burns' Ann. St. Ind. 1926 §10084; Black's Law Dict. 3rd Ed. page 317-318
Chauffeur. An operator who directly or indirectly receives compensation for operating motor vehicle. Turner v. State, 226 Ala. 269, 146 So. 601. Operators who drive jitneys in cities and towns for hire. Day v. Bush, 18 La.App. 682, 139 So. 42, 44. Person employed or paid to operate, drive and attend car. People v. Fulton, 96 Misc. 663, 162 N.Y.S. 125, 126; Des Moines Rug Cleaning Co. v. Automobile Underwriters, 215 Iowa 246, 245 N.W. 215, 217; State v. Depew, Md., 175 Md. 274, 1 A.2d 626, 627.
Test whether person is a chauffeur is whether he operated motor vehicle in whole or part-time employment, whether he was at such time an employee, servant, agent, or independent contractor, and whether he was paid for his service. Maryland Casualty Co. v. Cronholm, D.C.Tex., 32 F.Supp. 375, 377. Black's Law Dict. 4th Ed. page 300
NOTE: THE CASE BELOW HAS NOT BEEN FOUND IN A LAW DICTIONARY BUT DUE TO ITS RELEVANT CONTENT IT HAS BEEN PLACED IN THIS SECTION.
"It will be observed from the language of the ordinance that a distinction is to be drawn between the terms 'operator' and 'driver'; the 'operator' of the service car being the person who is licensed to have the car on the streets in the business of carrying passengers for hire; while the `driver' is the one who actually drives the car. However, in the actual prosecution of business, it was possible for the same person to be both 'operator' and 'driver.'" Newbill vs. Union Indemnity Co., 60 SE.2d 658 (1933)
Driver's license. The state issued certificate authorizing a person to operate a motor vehicle. It is also often used as a form of Identification.[Cases: Automobiles West 136.]Black's Law 9th Ed. page 569
Commerce. The exchange of goods, productions, or property of any kind; the buying selling, and exchanging of articles. Anderson v. Humbile Oil and Refining Co., 226 Ga. 252, 174 S.E.2d 425, 417. The transportation of persons and property by land, water, and air. Union Pacific R. Co. v. State Tax Commissioner, 19 Utah 2d 236, 429 P.2d 983 984. Intercourse by way of trade and traffic between different peoples or states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the instrumentalities and agencies by which it is promoted and the means and appliances by which it is carried on, and transportation of persons as well as goods, both by land and sea. Brennan v. Titusville, 153 U.S. 289, 14 S.CT. 829, 38 L.Ed. 710; Railroad Co. v. Fuller, 84 U.S. 308, 33 S.Ct. 281. 57 L.Ed. 523. Also interchange of ideas, sentiments, etc., as between man and man.
The term "commerce" means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any foreign country. National Labor Relations Act § 2. For purposes of Fair Labor Standards Act, "commerce" means trade, commerce, transportation, transmission, or communication among the several states or between any state and any place outside thereof. Wirtz v. B. B. Saxon Co., C.A.Fl., 365 f.2D 457, 460. Black's Law Dictionary 6th Ed. p.269
Traffic- 1. "Commerce, trade, the sale or exchange of such things as merchandise, bills, money. 2. The passing or exchange of goods or commodities from one person to another for an equivalent in goods or money. Black’s Law Dictionary 9th Edition page 1634
Traffic- 1. Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing of exchange of goods or commodities from one person to another for an equivalent in goods or money. The subjects of transportation on a route, as persons or goods; the passing to and fro of persons, animals, vehicles, or vessels, along a route of transportation, as along a street, highway, etc. See Commerce. Black's Law Dictionary 6th Ed. p.1495
Transportation. The movement of goods or persons from one place to another, by a carrier. Interstate Commerce Com'n v. Brimson, 154 U.S. 447, 14S.Ct. 1125, 38 L.E.d 1047. Black's Law Dictionary 6th Ed. p. 1499
Intrastate Commerce. Commerce within a state, as opposed to commerce between states (i.e. interstate). See also Balance of Interests; Commerce. Compare Interstate commerce. Black's Law Dictionary 6th Ed. p.823
Interstate. Between two or more states; between places or persons in different states; concerning or affecting two or more states politically or territorially. Compare Intrastate commerce Black's Law Dictionary 6th Ed. p. 819
Interstate commerce. Traffic, intercourse, commercial trading, or the transportation of persons or property between or among the several stated of the Union, or from or between points in one state and points in another state; commerce between two states, or between places lying in different states. Gibbons v. Orden, 22 U.S. (9 Wheat.) 1, 6 L.Ed. 23; Wabash,etc. R. Co. v. Illinois, 118 U.S. 557, 7 S.Ct. 4, 30 L.Ed. 244. It comprehends all the componet parts of commercial intercourse between different states. Furst v. Brewster, 282 U.S. 493, 51 S.Ct. 295, 296, 75 L.Ed. 478. See Balancing of interests. Black's Law Dictionary 6th Ed. p. 819
Interstate Commerce Act. The act of congress of February 4, 1887 (49 U.S.C.A. § 10101 et seq.), designed to regulate commerce between the states, and particularly the transportation of persons and property, by carriers, between interstate points. Black's Law Dictionary 6th Ed. p. 819
Carrier. Individual or organization of engaged in the transportation of passengers or goods for hire. Black's Law Dictionary 6th Ed. p.214
Common carrier. A commercial enterprise that holds itself out to the public as offering to transport freight or passengers for a fee. A common carrier is generally required by law to transport freight or passengers or freight, without refusal, if the approved fare or charge is paid. - Also termed public carrier. [Cases: Carriers West 4.] "[A] 'common carrier' is bond to take all goods of the kind which he usually carries, unless his conveyance is full, or the goods be specifically dangerous; but may charge different rates to different customers." Thomas E. Holland, The elements of Jurisprudence 299 (13th ed. 1924). Black's Law Dictionary 8th Ed. p.226
Public road. A highway; a road or way established and adopted (or accepted as a dedication) by the proper authorities for the use of the general public, and over which every person has a right to pass and to use it for all purposes of travel or transportation to which it is adapted and devoted. The proper test in determining whether road is a "public" or a "private road" is use to which such roadway is put, and fact that road has been constructed at public expense is not conclusive. Kitchens v. Duffield, 83 Ohio App. 41, 76 N.E.2d 101, 105, 38 O.O. 142. Black's Law Dictionary 6th Ed. page 1329
Voluntary Conveyance. A conveyance made without valuable consideration, such as a deed in favor of a relative. 2. The transfer of a property right that does not pass by delivery of a thing or merely by agreement. 3. The transfer of an interest in real property from one living person to another, by means of an instrument such as a deed. 4. The document (usu. a deed) by which such as transfer occurs.[Cases:Deeds West3 C.J.S. Deeds §§ 1-8.] 5. "A means of transport; a vehicle." 6. Bankruptcy. A transfer of an interest in real or personal property, including an assignment, a release, a monetary payment, or the creation of a lien or encumbrance.- Also termed (in sense 6) bond for deed. See FRAUDULENT CONVEYANCE; PREFERENTIAL TRANSFER. Black's Law Dictionary 8th Ed. p. 358
Motorcycle. A motorcycle is a "motor vehicle" within the meaning of registration laws. People v. Smith, 156 Mich. 173, 120 N.W. 581, 21 L.R.A. (N.S.) 41, 16 Ann. Cas. 607. Black's Law 3rd Ed. page 1209
Ingress. The act, or right of, entering. Access; entrance. Black's law Dictionary 6th Ed. page 782
Ingress, egress, and regress. These words express the right (e.g. of a lessee) to enter, go upon, and return from the lands in question. Black's Law Dictionary 6th Ed. page 782
Egress. The path or opening by which a person goes out; exit. The means or act of going out. Black's Law Dictionary 6th Ed. page 515
Regress. To return, go back or re-enter. Used principally in the phrase "free entry, egress, and regress" but it is also used to signify the reentry of a person who has been disseised of land. Black's Law Dictionary 6th Ed. page 1285
Egress. The path by which a person goes out; exit. The means or act of going out. Often used interchangeably with the word "access." C. Hacker Co. v. City of Joliet, 196 Ill.App. 415, 423. Black's Law Dictionary 5th Ed. page 463
Liberty. The "personal liberty" guaranteed by Thirteenth Amend., U.S.Const., consists in the power of locomotion without imprisonment or restraint unless by due course of law, except those restraints imposed to prevent commission of threatened crime or in punishment of crimes committed, those in punishment of contempts of courts or legislative bodies or to render their jurisdiction effectual, and those necessary to enforce the duty citizens owe in defense of the state to protect community against acts of those who by reason of mental infirmity are incapable of self-control. Ex parte Hudgins, 86 W. Va. 526, 103 S.E. 327, 329. Black's Law 6th Ed. page 918-919
Personal liberty. The right or power of locomotion; of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law. Civil Rights cases, 109 U.S. 3, 3 S.Ct. 42, 27 L. Ed. 835. Black's Law 6th Ed. page 919
Locomotion. 1. The action or power of moving from one place to another;
This personal liberty consists in the power of loco-motion, of changing situation,
or removing one's person to whatsoever place one's own inclination may direct;
without restraint, unless by due course of law. 1768-74 Tucker Lt. Nat. (1834) Il. 395.
2. Movement from place to place, esp. by artificial means; travel; also the means of traveling. 1788 R. Graves Recoll. Shenstone 96 Oxfords English Dictionary 1903 page 388
Locomotion. https://www.merriam-webster.com/dictionary/locomotions merriam-websters 1828 online version
lo·co·mo·tion | \ ˌlō-kə-ˈmō-shən \ Definition of locomotion
1 : an act or the power of moving from place to place
2 : travel interest in free locomotion and choice of occupation— Zechariah Chafee Jr.
Carriage. Transportation of goods, freight or passengers. 5th Ed. page 194
Carriage. Transport of freight or passengers. 8th Ed. page 226
License. The permission by competent authority to do an act which, without such permission, would be illegal, a trespass, or a tort. People v. Henderson, 391 Mich. 612, 218 N.W.2d. 2, 4. Certificate or the document itself which gives permission. Black's Law Dictionary 5th Ed. page 829
Licensee. A person licensed; one who holds a license. Texas-Louisiana Power Co. v. Webster, 127 Tex. 126, 91 S.W. 2d 302. Black's Law Dictionary 4th Ed. page 1070
License fee or tax. Charge imposed by sovereign for a privilege. Pennsylvania Liquor Control Board v. Publicker Commercial Alcohol Co., 347 Pa. 555, 32 A.2d 914, 917. Black's Law Dictionary 4th Ed. page 1069
License tax. A license, strictly so-called, imposed in exercise of the ordinary police power of the state, or a tax, laid in the exercise of the power of taxation. State v. Commercial Loan Co., 251 Ala. 672, 38 So.2d 571, 573. See license fee or tax, supra.
Black's Law Dictionary 4th Ed. page 1070
Streets and Ways. City having right to regulate use of it streets by motor vehicles for hire may issue licenses; license being permission. Ex parte Schutte, 118 Tex.Cr.R 182, 42 S.W.2d 252, 255. Permissive use and license as synonymous, Aldine Realty Co. of Pittsburgh v. Manor Real Estate & Trust Co., 297 Pa. 583, 148 A. 56, 58. Black's Law Dictionary 4th Ed. pages 1068-1069
Streets and highways. A permit to use street is a mere license revocable at pleasure. City of Boston v. A. W. Perry, Inc., 304 Mass. 18, 22 N.E.2d 627, 630; Lanham v. Forney, 196 Wash. 62, 81 P.2d 777, 779. The privilege of using the streets and highways by the operation thereon of motor carriers for hire can be acquired only by permission or license from the state or its political subdivisions. Black's Law Dictionary 5th Ed. p. 830
Permission. A license to do a thing; an authority to do an act which, without such authority would have been unlawful. An act of permitting, formal consent, authorization, leave, license or liberty granted, and it has a flexible meaning depending upon the sense in which used. Winterton v. Van Zandt, Mo., 351 S.W. 2d 696, 700. See Authority; Certificate; License; Permit. Black's Law Dictionary 5th Edition page 1026
Permit. In general, any document which grants a person the right to do something. A license or grant of authority to do a thing. Matter of Building Permit and Zoning, 29 N.C.App. 749, 225 S.E.2d 647, 649. A written license or warrant, issued by a person in authority, empowering the grantee to do some act not forbidden by law, but not allowable without such authority. Black's Law Dictionary 5th Ed. page 1027
Permit. n. A certificate evidencing permission; a license <a gun permit>. Black's Law 8th Edition page 1176
Easement of access. Right of ingress and egress to and from the premises of a lot owner to a street appurtenant to the land of the lot owner. Black's Law 6th ed. page 510
Private or public easements. A private easement is one in which the enjoyment is restricted to one or a few individuals, while a public easement is one the right to the enjoyment of which is vested in the public generally or in an entire community; such as an easement of passage on the public streets and highways or of navigation on a stream. Black's Law 6th Ed. page 510
Infraction. A violation, usu. of a rule or local ordinance and usu. not punishable by incarceration. See Violation (1). -infract, vb.
Civil infraction. An act or omission that, though not a crime, is prohibited by law and is punishable. In some states, many traffic violations are classified as civil infractions. Black's Law Dictionary 8th Ed. page 796
Substance. Essence; the material part or essential part of a thing, as distinguished from "form". State v. Burgdoerfer, 107 Mo. 1. Black's Law 4th Edition page 1597
Abridge. To reduce or contract; to diminish or curtail. Usually spoken of written language. See abridgment. Black's Law Dictionary 6th Ed. page 8
Substantial right. Such a right as may be enforced and protected by law.29 The phrase has also been defined as something to which, upon proved or conceded facts, a party may lay claim as matter of law--which a court may not legally refuse, and to which it can be seen that the party is entitled, within the well settled rules of the law. 30 C.J. Volume 60 pages 977 and 978 1932
Unalienable: incapable of being alienated, that is, sold and transferred." Black's Law Dictionary, 6th Edition, page 1523.
Privilege. A particular or peculiar benefit or advantage enjoyed by a person, company, or class beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption. A right, power, franchise, or immunity held by a person or class, against or beyond the course of the law. Black's Law Dictionary 5th Ed. page 1077
Remedy. The means by which a right is enforced or the violation of a right is prevented, redressed, or compensated. Long Leaf Lumber, Inc. v. Svolos, La.App., 258 So.2d 121, 124. The means employed to enforce a right or redress an injury , as distinguished from right, which is a well founded or acknowledged claim. Chelentis v. Luckenbach S.S. Co., 247 U.S. 372, 38 S.Ct. 501, 503, 62 L.Ed. 1171. Black's Law Dictionary 6th Ed. page 1294
IN PROPRIA PERSONA. In one's own proper person. It is a rule in pleading that pleas to the jurisdiction of the court must be plead in propria persona, because if pleaded by an attorney they admit jurisdcition, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction. Lawes, Pl. 91. In some jurisdictions, however, this rule is no longer recognized. 1 C.J. 255. Black's Law Dictionary 4th Edition revised page 899-900.
Leave of court. Permission obtained from a court to take some action which, without such permission, would not be allowable; as, to sue a receiver, to file an amended pleading, to plead several pleas. See Copperwait v. Drummer, 18 N.J. Law, 258. Black's Law 3rd Ed. page 1082
Leave of Court. Permission obtained from a court to take some action which, without such permission, would not be allowable; as, to sue a receiver, to file an amended pleading, to plead several pleas. Black's Law 4th Ed. page 1036
Leave of Court. Permission obtained from a court to take some action which, without such permission, would not be allowable; as, to receive an extension of time to answer a complaint. Fed.R.Civil. P. 6. Black's Law Dictionary 6th Ed. Page 891
De facto court. One established, organized, and exercising its judicial functions under authority of a statute apparently valid, though such statute may be in-fact unconstitutional and may be afterwards so adjudged; or a court established and acting under the authority of a de facto government. 1 Bl. Judgm. Sec. 173; Burt v. Railroad Co,. 31 Minn.472, 18 N.W. 285; In re Manning, 139 U.S. 504, 11 S. Ct. 624, L.Ed. 264; Gildnmeister v. Lindsay, 212 Mich. 299, 180 N.W. 633, 635. Black's Law 3rd Edition p. 459 (1933)
Supra. [Latin "above"] Earlier in this text; used as a citational signal to refer to a previous cited authority. Cf. INFRA. Black's Law Dictionary 8th Ed. page 1481
Infra. [Latin "below"] Later in this text. Infra is used as a citational signal to refer to a later-cited authority. In medieval Latin, infra also acquired a sense "within." Cf. INTRA;SUPRA. Black's Law Dictionary 8th Ed. page 795
Ib. See Ibidem.
Ibidem. Lat. In the same place; in the same book;on the same page etc. Abbreviated to "ibid." or "ib." Black's Law Dictionary 6th Ed. p. 744
Versus. Lat. Against. In the title of a cause, the name of the plaintiff is put first, followed by the word "versus," then the defendant's name. Thus, "Fletcher versus Peck," or "Fletcher against Peck." The word is commonly abbreviated "vs." or "v." Vs. and versus have become ingrafted upon the English language; their meaning is as well understood and their use quite as appropriate as the word against could be. Smith v. Butler, 25 N.H. 523. Black's Law Dictionary 4th Ed. page 1733
Law sources cited on this page:
Black's Law Dict. 3rd Ed. 1933
Black's Law Dict. 4th Ed. 1951
Black’s Law Dict. 4th Ed. Revised 1968
Black's Law Dict. 5th Ed. 1979
Black's Law Dict.6th Ed. 1990
Black's Law Dict. 8th Ed. 2004
Black's Law 9th Dict. Ed. 2009
Oxfords English Dictionary 1903
Merriam-Websters 1828 online dictionary
60 C.J. 1932
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