Blacks Law Dict. 1st ed

788

MORATUR IN LEGE

MOOT

dorf that, "when we declare such a thing to be morally certain, because it has been confirmed by credible witnesses, this moral certitude is nothing else but a strong presumption grounded on probable reasons, and which very seldom fails and deceives us." "Probable evidence," says Bishop Butler, in the opening sentence of his Analogy, "is essen tially distinguished from demonstrative by this: that it admits of degrees, and of all variety of them, from the highest moral certainty to the very low est presumption." 118 Mass. 23. MOBAL EVIDENCE. As opposed to "mathematical" or "demonstrative" evi dence, this term denotes that kind of evi dence which, without developing an absolute and necessary certainty, generates a high de gree of probability or persuasive force. It is founded upon analogy or induction, experi ence of the ordinary course of nature or the sequence of events, and the testimony of men. MOBAL FRAUD. This phrase is one of the less usual designations of "actual" or "positive" fraud or "fraud in fact," as dis tinguished from "constructive" fraud or "fraud in law." It means fraud which in volves actual guilt, a wrongful purpose, or moral obliquity. MOBAL INSANITY. In medical ju risprudence. A derangement of the moral system; a morbid condition, in which the passions, appetites, inclinations, and moral dispositions have escaped from the control of the will and the conscience, and are pervert ed to immoral acts or uses, although the fac ulties of perception, reason, and judgment remain normal, or nearly so, and there is no especial hallucination or illusion. Klepto mania is an example of this condition. Incapacity, from disease, to control one's con duct according to one's knowledge; uncontrollable morbid impulse; disability of the will to refrain from what one knows is wrong and punishable; a morbid perversion of the affections, inclinations, and temper, independent of any disease or delusion operating directly on the intellect. Abbott. MOBAL OBLIGATION. A duty which is valid and binding in the forum of the con science, but is not recognized by the law as adequate to set in motion the machinery of justice; that is, one which rests upon ethical considerations alone, and is not imposed or enforced by positive law. MOBANDiE SOLUTIONIS CAUSA. Lat. For the purpose of delaying or post poning payment or performance. MOBATUB IN LEGE. Lat. He de lays in law. The phrase describes the ac tion of one who demurs, because the part/

MOOT, n. In English law. Moots are exercises in pleading, and in arguing doubt ful cases and questions, by the students of an inn of court before the benchers of the inn. Sweet. MOOT COUBT. A court held for the arguing of moot cases or questions. MOOT HALL. The place where moot cases were argued. Also a council-chamber, hall of judgment, or town-hall. MOOT HILL. Hill of meeting, (gemot,) on which the Britons used to hold their courts, the judge sitting on the eminence; the parties, etc., on an elevated platform be low. Enc. Lond. MOOT MAN. One of those who used to argue the reader's cases in the inns of court. MOOTA CANUM. A pack of dogs. Cowell. MOOTING. The exercise of arguing questions of law or equity, raised for the purpose. See MOOT. MORA. Lat. In the civil law. Delay; default; neglect; culpable delay or default. Calvin. MOBA. Sax. A moor; barren or un profitable ground; marsh; a heath; a watery bog or moor. Co. Iitt. 5; Fleta, 1. 2, c 71. MOBA MTJSSA. A watery or boggy moor; a morass. Mora reprobatur in lego. Delay is rep robated in law. Jenk. Cent p. 51, case 97. MOBAL ACTIONS. Those only in which men have knowledge to guide them, and a will to choose for themselves. Ruth. Inst lib. 1. c. i. MOBAL CEBTAINTY. In the law of criminal evidence. That degree of assuranee which induces a man of sound mind to act, without doubt, upon the conclusions to which it leads. Wills, Circ. Ev. 7. A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act con scientiously upon it A high degree of impression of the truth of a fact, falling short of absolute certainty, but sufficient to justify a verdict of guilty, even in a capital case. See Burrill, Circ. Ev. 198-200. The phrase "moral certainty" has been intro duced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. It was observed by Pufen

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