post.txt Black's Law Dictionary (8th ed. 2004) , Page 2365 INTENT intent. 1. The state of mind accompanying an act, esp. a forbidden act. • While motive is the inducement to do some act, intent is the mental resolution or determination to do it. When the intent to do an act that violates the law exists, motive becomes immaterial. Cf. MOTIVE; SCIENTER. “The phrase ‘with intent to,’ or its equivalents, may mean any one of at least four different things: — (1) That the intent referred to must be the sole or exclusive intent; (2) that it is sufficient if it is one of several concurrent intents; (3) that it must be the chief or dominant intent, any others being subordinate or incidental; (4) that it must be a determining intent, that is to say, an intent in the absence of which the act would not have been done, the remaining purposes being insufficient motives by themselves. It is a question of construction which of those meanings is the true one in the particular case.” John Salmond, Jurisprudence 383–84 (Glanville L. Williams ed., 10th ed. 1947). constructive intent.A legal principle that actual intent will be presumed when an act leading to the result could have been reasonably expected to cause that result. “Constructive intent is a fiction which permits lip service to the notion that intention is essential to criminality, while recognizing that unintended consequences of an act may sometimes be sufficient for guilt of some offenses.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 2365I Black's Law Dictionary (8th ed. 2004) , Page 2366 835 (3d ed. 1982). criminal intent. 1.MENS REA. 2. An intent to commit an actus reus without any justification, excuse, or other defense. — Also termed felonious intent. See specific intent. [Cases: Criminal Law 20. C.J.S. Criminal Law §§ 31–33, 35–39; Negligence § 913.] “The phrase ‘criminal intent’ is one that has been bandied about with various meanings not carefully distinguished. At times it has been used in the sense of the ‘intent to do wrong’ (the outline of the mental pattern which is necessary for crime in general), — as, for example, in the phrase ‘the mental element commonly called criminal intent.’ At times it has been used in the sense of mens rea as the mental element requisite for guilt of the very offense charged, ‘a varying state of mind which is the contrary of an innocent state of mind, whatever may be pointed out by the nature of the crime as an innocent state of mind.’ Often it is used to include criminal negligence as well as an actual intent to do the harmful deed, although at other times such negligence is referred to as a substitute, so to speak, for criminal intent in connection with certain offenses. Occasionally it is found in the sense of an intent to violate the law, — implying a knowledge of the law violated. On the other hand, as such knowledge is a factor not ordinarily required for conviction it has been pointed out that to establish ignorance of the law does not disprove criminal intent. Thus it has been said (assuming the absence of any circumstance of exculpation) ‘whenever an act is criminal, the party doing the act is chargeable with criminal intent.’ ... This suggests a helpful guide for the use of the phrase ‘criminal intent.’ Some other term such as mens rea or guilty mind should be employed for more general purposes, and ‘criminal intent’ be restricted to those situations in which there is (1) an intent to do the actus reus, and (2) no circumstance of exculpation.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 832–34 (3d ed. 1982). donative intent.The intent to surrender dominion and control over the gift that is being made. felonious intent.See criminal intent. general intent.The intent to perform an act even though the actor does not desire the consequences that result. • This is the state of mind required for the commission of certain common-law crimes not requiring a specific intent or not imposing strict liability. General intent usu. takes the form of recklessness (involving actual awareness of a risk and the culpable taking of that risk) or negligence (involving blameworthy inadvertence). — Also termed general criminal intent; general mens rea. [Cases: Criminal Law 20, 23. C.J.S. Criminal Law §§ 31–33, 35–39; Negligence §§ 913–914.] immediate intent.The intent relating to a wrongful act; the part of the total intent coincident with the wrongful act itself. implied intent.A person's state of mind that can be inferred from speech or conduct, or from language used in an instrument to which the person is a party. intent to kill.An intent to cause the death of another; esp., a state of mind that, if found to exist during an assault, can serve as the basis for an aggravated-assault charge. [Cases: Assault and Battery 49; Homicide 526. C.J.S. Assault and Battery §§ 67, 71.] 2366I Black's Law Dictionary (8th ed. 2004) , Page 2367 larcenous intent.A state of mind existing when a person (1) knowingly takes away the goods of another without any claim or pretense of a right to do so, and (2) intends to permanently deprive the owner of them or to convert the goods to personal use. See LARCENY. [Cases: Larceny 3. C.J.S. Larceny §§ 25–29.] manifest intent.Intent that is apparent or obvious based on the available circumstantial evidence, even if direct evidence of intent is not available. • For example, some fidelity bonds cover an employer's losses caused by an employee's dishonest or fraudulent acts committed with a manifest intent to cause a loss to the employer and to obtain a benefit for the employee. Establishing manifest intent sufficient to trigger coverage does not require direct evidence that the employee intended the employer's loss. Even if the employee did not actively want that result, but the result was substantially certain to follow from the employee's conduct, the requisite intent will be inferred. predatory intent.Antitrust. A business's intent to injure a competitor by unfair means, esp. by sacrificing revenues to drive a competitor out of business. [Cases: Monopolies 12(1.6). C.J.S. Monopolies §§ 32, 40–42, 48, 52, 54, 65, 69, 72–73.] specific intent.The intent to accomplish the precise criminal act that one is later charged with. • At common law, the specific-intent crimes were robbery, assault, larceny, burglary, forgery, false pretenses, embezzlement, attempt, solicitation, and conspiracy. — Also termed criminal intent. See SPECIFIC-INTENT DEFENSE. [Cases: Criminal Law 20. Criminal Law §§ 31–33, 35–39; Negligence § 913.] testamentary intent.A testator's intent that a particular instrument function as his or her last will and testament. • Testamentary intent is required for a will to be valid. [Cases: Wills 438. C.J.S. Wills § 831.] transferred intent.Intent that has been shifted from the originally intended wrongful act to the wrongful act actually committed. • For example, if a person intends to kill one person but kills another, the intent may be transferred to the actual act. See TRANSFERRED-INTENT DOCTRINE. [Cases: Criminal Law 25; Homicide 555, 702, 731. C.J.S. Criminal Law § 43.] ulterior intent.The intent that passes beyond a wrongful act and relates to the objective for the sake of which the act is done; MOTIVE. • For example, a thief's immediate intent may be to steal another's money, but the ulterior intent may be to buy food with that money. 2. A lawmaker's state of mind and purpose in drafting or voting for a measure. [Cases: Statutes 181(1), 184. C.J.S. Statutes §§ 315–316.] legislative intent.See LEGISLATIVE INTENT. original intent.The mental state of the drafters or enactors of the U.S. Constitution, a statute, or another document. INTENTIO intentio (in-ten-shee-oh), n. [Latin] 1.Roman law. The part of a formula in which the 2367I Black's Law Dictionary (8th ed. 2004) , Page 2368 plaintiff's claim against the defendant is stated. See FORMULA(1).2.Hist. A count or declaration in a real action. • Intentio was an earlier name for narratio. See NARRATIO. Pl. intentiones (in-ten-shee-oh-neez). INTENTION intention,n. The willingness to bring about something planned or foreseen; the state of being set to do something. — intentional,adj. “Intention is the purpose or design with which an act is done. It is the foreknowledge of the act, coupled with the desire of it, such foreknowledge and desire being the cause of the act, inasmuch as they fulfil themselves through the operation of the will. An act is intentional if, and in so far as, it exists in idea before it exists in fact, the idea realising itself in the fact because of the desire by which it is accompanied.” John Salmond, Jurisprudence 378 (Glanville L. Williams ed., 10th ed. 1947). “Intention. — This signifies full advertence in the mind of the defendant to his conduct, which is in question, and to its consequences, together with a desire for those consequences.” P.H. Winfield, A Textbook of the Law of Tort § 10, at 19 (5th ed. 1950). INTENTIONAL intentional,adj. Done with the aim of carrying out the act. INTENTIONAL ACT intentional act.See ACT. Black's Law Dictionary (8th ed. 2004) , Page 2369 INTENT TO PUBLISH intent to publish.Defamation. The intent to communicate (defamatory words, etc.) to a third person or with knowledge that the communication will probably reach third persons. See PUBLISH(2). Black's Law Dictionary (8th ed. 2004) , Page 3368 NOTICE notice,n.1. Legal notification required by law or agreement, or imparted by operation of law as a result of some fact (such as the recording of an instrument); definite legal cognizance, actual or constructive, of an existing right or title . • A person has notice of a fact or condition if 3368N Black's Law Dictionary (8th ed. 2004) , Page 3369 that person (1) has actual knowledge of it; (2) has received information about it; (3) has reason to know about it; (4) knows about a related fact; or (5) is considered as having been able to ascertain it by checking an official filing or recording. [Cases: Constitutional Law 251.6, 309; Notice 1. C.J.S. Constitutional Law §§ 968, 1154, 1165–1166, 1168–1169; Notice§§ 2–3, 9.] 2. The condition of being so notified, whether or not actual awareness exists . Cf. KNOWLEDGE. 3. A written or printed announcement . [Cases: Sales 235; Vendor and Purchaser 225. C.J.S. Sales § 233; Vendor and Purchaser §§ 486–487, 491.] actual notice.Notice given directly to, or received personally by, a party. — Also termed express notice.[Cases: Notice 1.5. C.J.S. Notice § 4.] adequate notice.See due notice. commercial-law notice.Under the UCC, notice of a fact arising either as a result of actual knowledge or notification of the fact, or as a result of circumstances under which a person would have reason to know of the fact. UCC § 1-201(25) (2d ed. 1995). [Cases: Sales 235. C.J.S. Sales § 233.] constructive notice.Notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of, such as a registered deed or a pending lawsuit; notice presumed by law to have been acquired by a person and thus imputed to that person. — Also termed legal notice. [Cases: Notice 4; Vendor and Purchaser 229. C.J.S. Notice § 7; Vendor and Purchaser § 488.] direct notice.Actual notice of a fact that is brought directly to a party's attention. — Also termed positive notice. due notice.Sufficient and proper notice that is intended to and likely to reach a particular person or the public; notice that is legally adequate given the particular circumstance. — Also termed adequate notice; legal notice. express notice.Actual knowledge or notice given to a party directly, not arising from any inference, duty, or inquiry. See actual notice.[Cases: Notice 2. C.J.S. Notice §§ 4–5.] fair notice. 1. Sufficient notice apprising a litigant of the opposing party's claim. 2. The requirement that a pleading adequately apprise the opposing party of a claim. • A pleading must be drafted so that an opposing attorney of reasonable competence would be able to ascertain the nature and basic issues of the controversy and the evidence probably relevant to those issues. 3.FAIR WARNING. [Cases: Federal Civil Procedure 673; Pleading 48. C.J.S. Pleading §§ 116–124, 132–133.] immediate notice. 1. Notice given as soon as possible. 2. More commonly, and esp. on notice of an insurance claim, notice that is reasonable under the circumstances. [Cases: Insurance 3154.] implied notice.Notice that is inferred from facts that a person had a means of knowing and that is thus imputed to that person; actual notice of facts or circumstances that, if properly 3369N Black's Law Dictionary (8th ed. 2004) , Page 3370 followed up, would have led to a knowledge of the particular fact in question. — Also termed indirect notice; presumptive notice. [Cases: Notice 3. C.J.S. Notice § 6.] imputed notice.Information attributed to a person whose agent, having received actual notice of the information, has a duty to disclose it to that person. • For example, notice of a hearing may be imputed to a witness because it was actually disclosed to that witness's attorney of record. [Cases: Principal and Agent 177(1). C.J.S. Agency §§ 433–435, 442–444, 446.] indirect notice.See implied notice. inquiry notice.Notice attributed to a person when the information would lead an ordinarily prudent person to investigate the matter further; esp., the time at which the victim of an alleged securities fraud became aware of facts that would have prompted a reasonable person to investigate. [Cases: Notice 6; Vendor and Purchaser 229. C.J.S. Notice §§ 12–14; Vendor and Purchaser § 488.] Black's Law Dictionary (8th ed. 2004) , Page 3371 NOTICE BY PUBLICATION notice by publication.See public notice under NOTICE. Black's Law Dictionary (8th ed. 2004) , Page 3375 NOTICE TO ALL THE WORLD notice to all the world.A general public announcement regarding a lawsuit, esp. to persons within the jurisdiction where a lawsuit is pending. Black's Law Dictionary (8th ed. 2004) , Page 3376 NOTIFY notify,vb.1. To inform (a person or group) in writing or by any method that is understood .2.Archaic. To give notice of; to make known . See NOTICE. Black's Law Dictionary (8th ed. 2004) , Page 3698 POST post. [Latin] After. Cf. ANTE. post,vb.1. To publicize or announce by affixing a notice in a public place < foreclosure notice was posted at the county courthouse>.2. To transfer (accounting entries) from an original record to a ledger .3. To place in the mail . [Cases: Postal Service 19. C.J.S. Postal Service and Offenses Against Postal Laws § 20.] 4. To make a payment or deposit; to put up . Black's Law Dictionary (8th ed. 2004) , Page 3701 POSTING posting. 1.Accounting. The act of transferring an original entry to a ledger. 2. The act of mailing a letter. 3. A method of substituted service of process by displaying the process in a prominent place (such as the courthouse door) when other forms of service have failed. See SERVICE(1). [Cases: Process 81. C.J.S. Process § 55.] 4. A publication method, as by displaying municipal ordinances in designated localities. [Cases: Municipal Corporations 110. C.J.S. Municipal Corporations §§ 277–280, 282–284.] 5. The act of providing legal notice, as by affixing notices of judicial sales at or on the courthouse door. 6. The procedure for processing a check, including one or more of the following steps: (1) verifying any signature, (2) ascertaining that sufficient funds are available, (3) affixing a “paid” or other stamp, (4) entering a charge or entry to a customer's account, and (5) correcting or reversing an entry or erroneous action concerning the check. [Cases: Banks and Banking 137; Judicial Sales 11. C.J.S. Banks and Banking §§ 328, 330; Judicial Sales §§ 9–10.] Black's Law Dictionary (8th ed. 2004) , Page 3876 PUBLICATION publication,n.1. Generally, the act of declaring or announcing to the public. 2.Copyright. The offering or distribution of copies of a work to the public. • At common law, publication marked the dividing line between state and federal protection, but the Copyright Act of 1976 superseded most of common-law copyright and thereby diminished the significance of publication. Under the Act, an original work is considered published only when it is first made publicly available without restriction. [Cases: Copyrights and Intellectual Property 31. C.J.S. Copyrights and Intellectual Property §§ 32, 37.] “The concept of publication was of immense importance under the 1909 Act. It became a 3876P Black's Law Dictionary (8th ed. 2004) , Page 3877 legal word of art, denoting a process much more esoteric than is suggested by the lay definition of the term. That it thus evolved was due largely to the American dichotomy between common law and statutory copyright, wherein the act of publication constituted the dividing line between the two systems of protection [state and federal].” 1 Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 4.01, at 4-3 (Supp. 1997). divestitive publication.Archaic. The public distribution of an author's work on a scale large enough to divest the author of any claim to state common-law copyright protection. • The Copyright Act of 1976 preempted most common-law copyright. — Sometimes (erroneously) written divestive publication. general publication.Distribution of an author's work to the public, as opposed to a selected group, whether or not restrictions are placed on the use of the work. • Before the Copyright Act of 1976, a general publication was generally held to divest common-law rights in a work. Rather, the author was deemed to have dedicated the work to the public. Cf. limited publication. [Cases: Copyrights and Intellectual Property 31. C.J.S. Copyrights and Intellectual Property §§ 32, 37.] investitive publication.Archaic. The public distribution of an author's work on a scale large enough to qualify for federal statutory copyright protection. • Since 1976 copyright has protected works from their creation, rather than their publication. limited publication.Distribution of copies of an author's work to a selected group for a limited purpose and with no permission to copy the work, at a time when copies are not available to the general public. • Before the Copyright Act of 1976 made publication irrelevant, courts distinguished between limited publication and general publication to decide whether federal copyright laws applied. Under that Act, a work published before January 1, 1978 without proper copyright notice entered the public domain unless the publication was limited. — Also termed private publication. Cf. general publication. [Cases: Copyrights and Intellectual Property 31. C.J.S. Copyrights and Intellectual Property §§ 32, 37.] private publication.See limited publication. 3.Defamation. The communication of defamatory words to someone other than the person defamed. • The communication may be in any form, verbal or nonverbal. [Cases: Libel and Slander 23. C.J.S. Libel and Slander; Injurious Falsehood §§ 48–52.]“Publication means the act of making the defamatory statement known to any person or persons other than the plaintiff himself. It is not necessary that there should be any publication in the popular sense of making the statement public. A private and confidential communication to a single individual is sufficient. Nor need it be published in the sense of being written or printed; for we have seen that actions as well as words may be defamatory. A communication to the person defamed himself, however, is not a sufficient publication on which to found civil proceedings; though it is otherwise in the case of a criminal prosecution, because such a communication may provoke a breach of the peace. Nor does a communication between husband and wife amount to publication; domestic intercourse of this kind is exempt from the restrictions of the law of libel and slander. But a statement by the defendant to the wife or husband of the plaintiff is a ground of action.” R.F.V. Heuston, Salmond on the Law of Torts 154 (17th ed. 1977). 3877P Black's Law Dictionary (8th ed. 2004) , Page 3878 “The publication of a libel might be in the form of a book, pamphlet or newspaper, but nothing of that nature is required. A letter sent to a single individual is sufficient.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 489 (3d ed. 1982). 4.Wills. The formal declaration made by a testator when signing the will that it is the testator's will. • There is no requirement that the provisions of the will or the identities of the beneficiaries be revealed to the witnesses. PUBLICATION-QUALITY DRAWINGS publication-quality drawings.Patents. Illustrations or drawings filed with a patent application and capable of being scanned. [Cases: Patents 100.C.J.S. Patents § 143.] PUBLICATION RIGHT publication right.Copyright. The right of an author or artist to decide when to reveal or display a creative work. • Publication is one of the moral rights of artists recognized in civil-law countries and much of Europe, but largely unavailable in the United States. — Also termed right of disclosure. [Cases: Copyrights and Intellectual Property 36. C.J.S. Copyrights and Intellectual Property §§ 10, 40–41, 97.] Black's Law Dictionary (8th ed. 2004) , Page 3891 PUBLISH publish,vb.1. To distribute copies (of a work) to the public. 2. To communicate (defamatory words) to someone other than the person defamed. See INTENT TO PUBLISH. [Cases: Libel and Slander 23. C.J.S. Libel and Slander; Injurious Falsehood§§ 48–52.] 3. To declare (a will) to be the true expression of one's testamentary intent. [Cases: Wills 119.C.J.S. Wills §§ 278–284.] 4. To make (evidence) available to a jury during trial. See PUBLICATION. *