Legal Definition and Related Resources of Modus
Meaning of Modus
In Civil Law. Manner; means; way. Ainsworth. A rhythmic song. Du Cange. In Old Conveyancing. Manner; e. g., the manner in which an estate should be held, etc. A qualification, whether in restriction or enlargement of the terms of the instrument; especially with relation to the kind of grant called “donatio,” the making those quxtsi heirs who were not in fact heirs, according to the ordinary form of such conveyances. And this modus or qualification of the ordinary form became so common as to give rise to the maxim, modus et conventio vincunt legem. Co. Litt. 19a; Bracton, 17b; 1 Reeve, Hist. Eng. Law, 293. A consideration. Bracton, 17, 18. In Ecclesiastical Law. A peculiar manner of tithing, growing out of custom. See “Modus Decimandi.”
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| Modus in the Dictionary | Modus in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Modus |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
| Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
| Related topics | Modus in the World Encyclopedia of Law |
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This definition of Modus is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Concept of “Modus”
Traditional meaning of modus in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) Manner; mode. The manner in which an estate conveyed is to be held. Modus dat legem donationi: manner gives law to a gift; the mode of conveyance determines the character of the grant. Modus decimandi: a manner of tithing, a partial exemption from tithes, or a pecuniary composition prescribed by immemorial usage, and of reasonable amount; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 29; for it will be invalid as a rank modus, if greater than the value of the tithes in the time of Richard I. Modus de non decimando: a modus of entire exemption, a prescription to be discharged from tithes, non valet, is not valid. Modus et conventio vincunt legem: the form of agreement and the consent of the parties overrule the law. Modus operandi: the method of operating.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Modus”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
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Meaning of Modus in the Past
Where there is by custom a particular way of tithing allowed, different from the general law of taking tithes in kind, as a pecuniary compensation or the performance of labor or when any means are adopted by which the general law of tithing is altered and a new method of taking them is introduced, it is called a modus decimandi or special way of taking tithes. 2 Bl. Com. 29.[1]
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Notes and References
- Partialy, this information about modus is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including modus.
See Also
Modus
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