Legal Glossary

The papers of Bushrod Washington discuss frequently court cases, legal issues, and matters of legal interpretation. To assist your navigation of these resources, this Legal Glossary provides definitions of the legal terms which appear most often. Whenever possible definitions come from Black's Law Dictionary (first edition published in 1891 and used here for a 19th-century understanding of legal terminology), and when not available in Black's, definitions come from the Oxford English Dictionary.

A Fortiori: Latin. By a stronger reason. A term used in logic to denote an argument to the effect that because one ascertained fact exists, therefore another, which is included in it, or analogous to it, and which is less improbable, unusual, or surprising, must also exist. (Black’s Law)

Account Rendered: An account made out by the creditor, and presented to the debtor for his examination and acceptance. When accepted, it becomes an account stated. (Black’s Law)

Adherence: In Scotch law: the name of a form of action by which the mutual obligation of marriage may be enforced by either party. It corresponds to the English action for the restitution of conjugal rights. (Black’s Law)

Affidavit: A written statement, formally confirmed by oath or affirmation, for use as evidence in court, or in support of certain applications. Also figurative. (OED)

Aliter: Introducing circumstances in which something previously stated does not apply: the case is different, it is otherwise. (OED)

Animo: Latin. With intention, disposition, design, will. Quo animo, with what intention. Animo cancellandi, with intention to cancel. Animo furandi, with intention to steal. Animo lucrandi, with intention to gain or profit. Animo manendi, with intention to remain. Animo morandi, with intention to stay, or delay. Animo republicandi, with intention to republish. Animo revertendi, with intention to return. Animo recocandi, with intention to revoke. Animo testandi, with intention to make a will. (Black’s Law)

Ante Litem Motam: Latin. Before suit brought; before controversy instituted. (Black’s Law)

Assault: An unlawful attempt or offer, on the part of one man, with force or violence, to inflict a bodily hurt upon another. An attempt or offer to beat up another, without touching him; as if one lifts up his cane or his fist in a threatening manner at another; or strikes at him, but misses him. (Black’s Law)

Assumpsit: Latin. A taking upon oneself, an undertaking; spec. in Law: (a) a promise or contract, oral or in writing not sealed, founded upon a consideration; (b) an action to recover damages for breach or non-performance of such contract. (OED)

Avers: To prove or justify a plea; to offer to justify an exception pleaded; to make an averment. Const. (OED)

Avowry: A pleading in the action of replevin, by which the defendant avows, that is, acknowledges, the taking of the distress or property complained of, where he took it in his own right, and sets forth the reason of it; as for rent in arrear, damage done, etc. (Black's Law)

Bailee: One to whom goods are committed in trust for a specific purpose. (OED)

Bill: 1) A formal written statement of complaint to a court of justice. 2) A formal written declaration in its officers, in the nature of process. 3) A record or certified written account of the proceedings in an action, or a portion of the same. 4) In equity practice; a formal written complaint, in the nature of a petition, addressed by a suitor in chancery to the chancellor or to a court of equity or a court having equitable jurisdiction, showing the name of the parties, stating the facts which make up the case and the complainant’s allegations, averring that the acts disclosed are contrary to equity, and praying for process and for specific relief, or for such relief, as the circumstances demand. 5) In legislation and constitutional law, the word means a draft of an act of the legislature before it becomes a law; a proposed or projected law. 6) A solemn and formal legislative declaration of popular rights and liberties, promulgated on certain extraordinary occasions. 7) As a contract; an obligation; a deed, whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the name of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. 8) A written statement of the terms of a contract, or specification of the items of a demand, or counter-demand. 9) By the English usage, it is applied to the statement of the charges and disbursements of an attorney or solicitor incurred in the conduct of his client’s business, and which might be taxed upon application, even though not incurred in any suit. (Black’s Law)

Bond: A contract by specialty to pay a certain sum of money; being a deed or instrument under seal, by which the maker or obligor promises, and thereto binds himself, his heirs, executors, and administrators, to pay a designated sum of money to another; usually with a clause to the effect that upon performance of a certain condition (as to pay another and smaller sum) the obligation shall be void. (Black’s Law)

Cestui Que Trust: Latin. He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. The person who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate of which is vested in a trustee. (Black’s Law)

Claimant: In admiralty practice: The name given to a person who lays claim to property seized on a libel in rem, and who is authorized and admitted to defend the action. (Black’s Law)

Comperuit Ad Diem: In practice: a plea in an action of debt on a bail bond that the defendant appeared at the day required. (Black’s Law)

Concurrent: Having the same authority; acting in conjunction; agreeing in the same act; contributing to the same event; contemporaneous. (Black’s Law)

Covenant: In practice: the name of a common-law form of action ex contractu, which lies for the recovery of damages for breach of a covenant, or contract under seal. In the law of contracts: an agreement, convention, or promise of two or more parties, by deed in writing, signed, sealed, and delivered, by which either of the parties pledges himself to the other that something is either done or shall be done, or stipulates for the truth of certain facts. (Black’s Law)

Conspiracy: In criminal law: a combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is innocent in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not in itself unlawful. (Black’s Law)

Conveyance: In pleading: introduction or inducement. In real property law: the transfer of the title of land from one person or class of persons to another. An instrument in writing under a seal, (anciently termed an “assurance,”) by which an estate or interest in lands is transferred from one person to another; such as a deed, mortgage, etc. (Black’s Law)

Custodia Legis: Latin. In the custody of the law. (Black’s Law)

De Bene Esse: Latin. Conditionally; provisionally; in anticipation of future need. A phrase applied to proceedings which are taken ex parte or provisionally, and are allowed to stand as well done for the present, but which may be subject to future exception or challenge, and must then stand or fall according to their intrinsic merit and regularity. (Black’s Law)

De Bonis Propriis: Latin. Of his own goods. The technical name of a judgment against an administrator or executor to be satisfied from his own property, and not from the estate of the deceased, as in cases where he has been guilty of a devastavit or of a false plea of plene administravit. (Black’s Law)

De Bonis Testatoris: Latin. Of the goods of the testator, or intestate. A term applied to a judgment awarding execution against the property of a testator or intestate as distinguished from the individual property of his executor or administrator. (Black’s Law)

Declaration: In pleading: the first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause of action. It commonly comprises several sections or divisions, called “counts,” and its formal parts follow each other in this order: title, venue, commencement, cause of action, counts, conclusion. It answers to the “libel” in ecclesiastical and admiralty law, the “bill” in equity, the “petition” in civil law, the “complaint” in the code pleading, and the “count” in real actions. In evidence: an unsworn statement or narration of facts made by a party to the transaction, or by one who has an interest in the existence of the facts recounted. In practice: the declaratory part of a judgment, decree, or order is that part which gives the decision or opinion of the court on the question of law in the case. (Black’s Law)

Defeasance: A collateral deed or other document expressing a condition which, if fulfilled, renders a deed or contract null and void; a clause or condition having this function. (OED)

Defendant: A person or organization against whom a legal action, claim, or charge is brought; a party that is prosecuted or sued in a court or tribunal. Opposed to plaintiff or claimant. Now the usual sense. (OED)

Demurrer: A pleading which, admitting for the moment the facts as stated in the opponent's pleading, denies that he is legally entitled to relief, and thus stops the action until this point is determined by the court. (OED)

De novo: Latin. Anew; afresh; a second time. (Black’s Law)

Devisavit vel non: In practice: the name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his will. (Black’s Law)

Devisee: The person to whom lands or other real property are devised or given by will. (Black’s Law)

Disseisin: Dispossession; a deprivation of possession; a privation of seisin; a usurpation of the right of seisin and possession, and an exercise of such powers and privileges of ownership as to keep out or displace him to whom these rightfully belong. It is a wrongful putting out of him that is seised of the freehold, not, as in abatement or intrusion, a wrongful entry, where the possession was vacant, but an attack upon him who is in actual possession, and turning him out. It is an ouster from a freehold in deed, as abatement and intrusion are ousters in law. (Black’s Law)

Distributee: Admissible to denote one of the persons who are entitled, under the statute of distributions, to the personal estate of one who is dead intestate. (Black’s Law)

Distringas: The name of a writ directing the sheriff to distrain in various cases. The main forms are, in Common Law: 1) the distringas to compel appearance, where the defendant has a place of residence in England or Wales. 2) the distringas in detinue, to compel the defendant to deliver goods by distresses upon his chattels. 3) distringas juratores, empowering the sheriff to distrain defaulting jurors to compel their appearance. 4) (in Equity) a process issued against a corporation aggregate in cases of disobedience to the summons or directions of the court. 5) an order of the Chancery Court by which the Bank of England or other public company is restrained from permitting a transfer of stock or shares in which a party claims to be interested, or from paying any dividend on it. (OED)

Dower: The provision which the law makes for a widow out of the lands or tenements of her husband, for her support and the nurture of her children. (Black’s Law)

Ejectment: The act or process of ejecting a person from his holding. (OED)

Elegit: In full writ of elegit. A writ of execution by which a creditor is put in possession of all or some of the goods and lands of a debtor, until his or her claim is satisfied. (OED)

Equity: 1) In its broadest and most general significance, this term denotes the spirit and the habit of fairness, justness, and right dealing which should regulate the intercourse of men with men, - the rule of doing to all others as we desire them to do to us. It is therefore the synonym of natural right or justice. It is grounded in the precepts of the conscience, not in any sanction of protective law. 2) In a more restricted sense, the word denotes equal and impartial justice, as between two persons whose rights or claims are in conflict; justice, that is, as ascertained by natural reason or ethical insight, but independent of the formulated body of law. 3) In one of its technical meanings, a body of jurisprudence, or field of jurisdiction, differing in its origin, theory, and methods from the common law. 4) In a still more restricted sense, a system of jurisprudence, or branch of remedial justice, administered by certain tribunals, distinct from the common-law courts, and empowered to decree it in the sense last above given. 5) An equitable right, i. e., a right enforceable in a court of equity; hence, a bill of complaint which did not show that the plaintiff had a right entitling him to relief was said to be demurrable for want of equity; and certain rights now recognized in all the courts are still known as “equiti s,” from having been originally recognized only in the court of chancery. (Black’s Law)

Estop: To stop, bar, or impede; to prevent; to preclude. (Black’s Law)

Executor/Executrix: A person (-tor for a man; -trix for a woman) appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease. (Black’s Law)

Ex parte: Latin. On one side only; by or for one party; done for, in behalf of, or on the application of, one party only. (Black’s Law)

Fauces Terræ: Latin. Jaws of the land. Narrow headlands and promontories, inclosing a portion or arm of the sea within them. (Black’s Law)

Fieri Facias: Latin. That you cause to be made. In practice: a writ of execution commanding the sheriff to levy and make the amount of a judgment from the goods and chattels of the judgment debtor. (Black’s Law)

Fraud: Some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him injury. As distinguished from negligence, it is always positive; intentional. As applied to contracts, is the cause of an error bearing on a material part of the contract, created or continued by artifice, with design to obtain some unjust advantage to the one party, or to cause an inconvenience or loss to the other. In the sense of a court of equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another. (Black’s Law)

Habere Facias Possessionem: Latin. That you cause to have possession. The name of the process commonly resorted to by the successful party in an action of ejectment for the purpose of being placed by the sheriff in the actual possession of the land recovered. (Black’s Law)

Imperitia: Unskillfulness; want of skill. (Black’s Law)

In Extenso: Latin. In extension; at full length; from beginning to end, leaving out nothing. (Black’s Law)

In Fieri: Latin. In being made; in process of formation or development; hence, incomplete or inchoate. Legal proceedings are described in this manner until judgment is entered. (Black’s Law)

Indebitatus Assumpsit: Latin. Being indebted, he promised or undertook. This is the name of that form of the action of assumpsit in which the declaration alleges a debt or obligation to be due from the defendant, and then avers that, in consideration thereof, he promised to pay or discharge the same. (Black's Law)

Injunction: A judicial process by which one who is threatening to invade or has invaded the legal or equitable rights of another is restrained from commencing or continuing such wrongful act, or is commanded to restore matters to the position in which they stood previously to his action. (OED)

Insimul Computassent: Latin. They accounted together. The name of the count in assumpsit upon an account stated; it being averred that the parties had settled their accounts together, and defendant engaged to pay plaintiff the balance. (Black's Law)

Intestate: Without making a will. A person is said to die intestate when he dies without making a will, or dies without leaving anything to testify what his wishes were with respect to the disposal of his property after death. The word is also often used to signify the person himself. Besides the strict meaning of the word as above given, there is also a sense in which intestacy may be parietal; that is, where a man leaves a will which does not dispose of his whole estate, he is said to “die intestate” as to the property so omitted. (Black’s Law)

Jeofail: A mistake or oversight in pleading or other legal proceeding; also, an acknowledgement of such error. Obsolete exc. Historical. (OED)

Joinder: Joining or coupling together; uniting two or more constituents or elements in one; uniting with another person in some legal step or proceeding. (Black’s Law)

Larceny: In criminal law: the wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to his (the taker’s) use, and make them his property, without the consent of the owner. (Black’s Law)

Law-Merchant: The general system of usages and customs, in relation to commercial transactions, mercantile paper, etc., commonly observed alike among all commercial nations. It is a system of law which does not rest essentially on the positive institutions and local customs of any particular country, but consists of certain principles of equity and usages of trade which general convenience and a common sense of justice have established, to regulate the dealings of merchants and mariners in all the commercial countries of the civilized world. (Black’s Law)

Lex Loci: Latin. The law of the country in which a legal transaction is performed, a tort is committed, or a property is situated; frequently followed by a defining word or phrase. (OED)

Libel: In practice: the initiatory pleading on the part of the plaintiff or complainant in an admiralty or ecclesiastical cause, corresponding to the declaration, bill, or complaint. In the Scotch law it is the form of the complaint or ground of the charge on which either a civil or criminal prosecution takes place. In torts: that which is written or printed, and published, calculated to injure the character of another by bringing him into ridicule, hatred, or contempt. (Black’s Law)

Lien: A right to retain possession of property (whether land, goods, or money) until a debt due in respect of it to the person detaining it is satisfied. (OED)

Meum and tuum: Latin. The distinction between what is mine or one's own and what is yours or another's. (OED)

Mortgage: An estate created by a conveyance absolute in its form, but intended to secure the performance of some act such as the payment of money, and the like, by the grantor or some other person, and to become void if the act is performed agreeably to the terms prescribed at the time of making such conveyance. (Black’s Law)

Negligence: The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. It must be determined in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances. (Black’s Law)

Non-assumpsit: Latin. The general issue in the action of assumpsit; being a plea by which the defendant avers that “he did not undertake” or promise as alleged. (Black’s Law)

Non Est Factum: Latin. A plea by way of traverse, which occurs in debt on bond or other specialty, and also in covenant. It denies that the deed mentioned in the declaration is the defendant’s deed. Under this, the defendant may contend at the trial that the deed was never executed in point of fact; but he cannot deny its validity in point of law. The plea is denial of the execution of the instrument sued upon, and applies to notes or other instruments, as well as deeds and applies only when the execution of the instrument is alleged to be the act of the party filing the plea, or adopted by him. (Black’s Law)

Non obstante veredicto: Latin. A judgment entered for the plaintiff “notwithstanding the verdict” which has been given for defendant; which may be done where, after verdict and before judgment, it appears by the record that the matters pleaded or replied to, although verified by the verdict, are insufficient to constitute a defense or bar to the action. (Black's Law)

Nullity: No proceeding; an act or proceeding in a cause which the opposite party may treat as though it had not taken place, or which has absolutely no legal force or effect. (Black’s Law)

Nul Tiel Record: Latin. No such record. A plea denying the existence of any such record as that alleged by the plaintiff. It is the general plea in an action of debt on a judgment. (Black’s Law)

Onus Probandi: Latin. Burden of proving; the burden of proof. The strict meaning of the term “onus probandi” is that, if no evidence is adduced by the party on whom the burden is cast, the issue must be found against him. (Black’s Law)

Oyer: A reading in open court of a document (esp. a deed) on which one party relies, at the request of the opposing party; (also) a plea to the court asking for such a reading to take place. (OED)

Pari Materia: Latin. Of the same matter; on the same subject; as, laws pari materia must be construed with reference to each other. (Black's Law)

Patent: A grant of some privilege, property, or authority, made by the government or sovereign of a country to one or more individuals. In English law; a grant by the sovereign to a subject or subjects, under the great seal, conferring some authority, title, franchise, or property; term “letters patent” from being delivered open, and not closed up from inspection. In American law; the instrument by which a state or government grants public lands to an individual. (Black’s Law)

Pendente Lite: Pending the suit; during the actual progress of a suit; during litigation. (Black’s Law)

Plaintiff: The party that brings a suit in a court of law; a complainant, a prosecutor. Opposed to defendant. (OED)

Plea: A suit or action at law; the presentation of an action in court. Now Scottish (in later use especially in law-plea) and historical. (OED)

Plene Administravit: Latin. In practice: a plea by an executor or administrator that he has fully administered all the assets that have come to his hands and that no assets remain out of which the plaintiff’s claim could be justified. (Black’s Law)

Post Litem Motam: Latin. After suit moved or commenced. Depositions in relation to the subject of a suit, made after litigation has commenced, are sometimes so termed. (Black's Law)

Prima facie: Latin. At first sight; on the face of it; as it appears at first without investigation. (OED)

Primae Impressionis: Latin. A case of the first impression is a case of a new kind, to which no established principle of law or precedent directly applies, and which must be decided entirely by reason as distinguished from authority. (Black’s Law)

Privity: A relation between two parties that is recognized by law as a consequence of their mutual participation or interest in a transaction, covenant, tenure, lease, service, etc. Frequently in privity of estate. Formerly also used of a blood relationship. (OED)

Profert: In early use: the production or exhibition of a deed in a court of law; (subsequently) a formal allegation that a deed is produced in court. Esp. in to make profert of: to produce or allege the production of (a document, deed, etc.) in court. (OED)

Propter: Latin. For; on account of. (Black’s Law)

Prout Patet Per Recordum: Latin. As appears on the record. In the Latin phraseology of pleading, this was the proper formula for making reference to a record. (Black’s Law)

Quacunque Via Data: Latin. Whichever way you take it. (Black’s Law)

Quare Clausum Fregit: Latin. Wherefore he broke the close. That species of the action of trespass which has for its object the recovery of damages for an unlawful entry upon another’s land is termed “Trespass quare clausum fregit;” “breaking a close” being the technical expression for an unlawful entry upon land. The language of the declaration in this form of action is “that the defendant, with force and arms, broke and entered the close” of the plaintiff. The phrase is often abbreviated to “qu. cl. fr.” (Black’s Law)

Quod Computet: Latin. That he account. Judgement quod computet is a preliminary or interlocutory judgment given in the action of account-render (also in the case of creditor’s bills against an executor or administrator.) directing that accounts be taken before a master or auditor. (Black’s Law)

Repleader: A second pleading of a cause; the right to this, granted esp. when the issue is considered to be immaterial to the action in question. (OED)

Replevin: The restoration to or recovery by a person of goods or chattels distrained or confiscated, upon giving a surety to have the matter tried in a court of justice and to return the goods if the case is lost. (OED)

Res Gestæ: Latin. Things done. Transactions; essential circumstances surrounding the subject. The circumstances, facts, and declarations which grow out of the main fact, are contemporaneous with it, and serve to illustrate its character. (Black’s Law)

Respondentia: The system of lending money to the owner or master of a ship on the security of its cargo, the money being repaid (with maritime interest) only if the goods arrive safe at their destination. Also signifies the interest on such a loan. (OED)

Respondeat Ouster: Upon an issue in law arising upon a dilatory plea, the form of judgment for the plaintiff is that the defendant answer over, which is thence called a judgment of “respondeat ouster.” This not being a final judgment, the pleading is resumed, and the action proceeds. (Black’s Law)

Revolt: The endeavor of the crew of a vessel, or any one or more of them, to overthrow the legitimate authority of her commander, with intent to remove him of his command, or against his will to take possession of the vessel by assuming the government and navigation of her, or by transferring their obedience from the lawful commander to some other person. (Black’s Law)

Scire Facias: Latin. In practice: a judicial writ, founded upon some record, and requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record, or (in the case of a scire facias to repeal letters patent) why the record should not be annulled and vacated. (Black’s Law)

Seisin: The completion of the feudal investiture, by which the tenant was admitted into the feud, and performed the rights of homage and fealty; possession with an intent on the part of him who holds it to claim a freehold interest. (Black’s Law)

Subpoena: 1) A writ requiring the attendance of a defendant at court in order to answer a charge alleged against him or her, subject to penalty for non-compliance. 2) A writ requiring the attendance of a person at court, a deposition, or some other proceeding, in order to testify or present evidence, subject to penalty for non-compliance. (OED)

Supersedeas: In practice: a writ ordering the suspension or superseding of another writ previously issued. It directs the officer to whom it is issued to refrain from executing or acting under another writ which is in his hands or may come to him. By a conventional extension of the term it has come to be used as a designation of the effect of any proceeding or act in a cause which, of its own force, causes a suspension or stay of proceedings. Thus, when we say that a writ of error is a supersedeas, we merely mean that it has the same effect, of suspending proceedings in the court below, which would have been produced by a writ of supersedeas. (Black’s Law)

Surety: A pledge, bond, or security given as a guarantee of good conduct, the fulfillment of certain duties, etc. Also: money, etc., deposited or pledged by or on behalf of a person, and liable to be forfeited in the event of failure to abide by an agreement or fulfill certain conditions. In later use often in surety for (the) good behavior. (OED)

Testator: One who makes or has made a testament or will; one who dies leaving a will. This term is borrowed from the civil law. (Black’s Law)

Trespass: Any misfeasance or act of one man whereby another is injuriously treated or damnified. An injury or misfeasance to the person, property, or rights of another person, done with force and violence, either actual or implied in law. In the strictest sense, an entry on another’s ground, without a lawful authority, and doing some damage, however inconsiderable, to his real property. (Black’s Law)

Trover: The act of finding and assuming possession of any personal property; hence (in full, action of trover), an action at law to recover the value of personal property illegally converted by another to his own use. (OED)

Trustee: The person appointed, or required by law, to execute a trust; one in whom an estate, interest, or power is vested, under an express or implied agreement to administer or exercise it for the benefit or to the use of another. (Black’s Law)

Usque ad filum aquae: Latin. Up to the middle of the stream or road. (Black’s Law)

Vacatur: A rule or order by which a preceding is vacated; a vacating. (Black’s Law)

Venire de novo: a writ for summoning a jury for the second trial of a case which has been sent back from above for a new trial. (Black’s Law)

Vice-Comes Non Misit Breve: Latin. The sheriff hath not sent the writ. The form of continuance on the record after issue and before trial. (Black’s Law)

Warranty: In real property law: a real covenant by the grantor of lands, for himself and his heirs, to warrant and defend the title and possession of the estate granted, to the grantee and his heirs, whereby, either upon voucher, or judgment in the writ of warrantia charta, and the eviction of the grantee by paramount title, the grantor was bound to recompense him with other lands of equal value. In sales of personal property: a statement or representation made by the seller of goods, contemporaneously with and as a part of the contract of sale, though collateral to the express object of it, having reference to the character, quality, or title of the goods, and by which he promises or undertakes to insure that certain facts are or shall be as he then represents them. In contracts: an undertaking or stipulation, in writing, or verbally, that a certain fact in relation to the subject of a contract is or shall be as it is stated or promised to be. In insurance: any assertion or undertaking on the part of the assured, whether expressed in the contract or capable of being annexed to it, on the strict and literal truth or performance of which the liability of the underwriter is made to depend. (Black’s Law)