APPLICABLE

6 definitions found across Law Mind sources

APPLICABLEAuthored
The Law Mind • 865 words
Definition
Capable of being applied to a given fact, law, rule, situation, or body of persons; having relevant operation or legal force in a particular context. In legal usage, "applicable" signals that a rule, standard, statute, or body of law governs—or is fit to govern—the circumstances at hand. The term appears in two recurring legal contexts: 1. Applicable law. A statute, constitutional provision, common law rule, or treaty that legitimately controls or bears upon a given transaction, dispute, or set of facts. Courts and drafters use "applicable law" to identify which legal regime actually governs rather than which might theoretically be relevant. 2. Applicable as a condition of adoption or reception. When constitutions or courts declare that the common law (or some other body of law) is "in force so far as it is applicable," the word carries a built-in limitation: the borrowed law applies only to the extent it suits the habits, conditions, and institutional character of the adopting jurisdiction. This is not a mere formality—it is a substantive filter on what law actually operates in a given state.
Common Language
Modern common usage (Wiktionary): Suitable for application; relevant. Historical common usage (Webster's 1913): Capable of being applied; fit or suitable to be applied; having relevance. The common meaning and the legal meaning are closely aligned in the abstract, but the legal term carries institutional weight the ordinary word does not. In common speech, calling something "applicable" is a soft judgment of relevance. In legal instruments, contracts, statutes, and court opinions, "applicable" functions as a gatekeeping term—determining which rules actually bind, which exceptions actually trigger, and which bodies of law actually govern. The gap is not definitional so much as consequential: getting "applicable" wrong in a legal document or opinion has concrete jurisdictional and substantive effects that ordinary usage of the word never entails.
Why It Matters in Research
Researchers encounter "applicable" most frequently in three contexts that each demand different reading strategies. First, reception statutes and constitutional common-law clauses. Early American constitutions and enabling acts routinely adopted English common law "so far as applicable." The meaning of that phrase was genuinely contested. Cases from Iowa, Illinois, and other frontier states in the nineteenth century debated whether English doctrines suited to established commercial and landed society could apply at all to frontier conditions. When reading early state court opinions, researchers should treat "applicable" in this context not as a conclusion but as an open legal question the court is resolving. Second, general vs. special legislation. Constitutional prohibitions on special legislation—laws benefiting only a narrow class when a general law would be "applicable"—gave rise to an extensive body of doctrine about what "applicable" means in that structural sense. The Black's entries make clear that a general law is applicable when the entire people of the state have a shared interest in the subject (e.g., statutes of limitations, statutes of frauds, usury rules). Where only a portion of the population is affected, a general law may not be "applicable" and special legislation may be permissible. Researchers analyzing nineteenth- and early twentieth-century state constitutional litigation should watch for this usage. Third, choice-of-law and contract drafting. Modern legal documents—especially commercial contracts, insurance policies, and tax instruments—use "applicable law" as a defined or semi-defined term. Its scope may be limited by the document itself. Researchers using the Law Mind corpus for transactional or regulatory analysis should check whether "applicable" is defined in the instrument before assuming it means all potentially relevant law.
Historical Dictionary Support
Black's Law Dictionary (both editions) treats "applicable" not as an independent entry but as a term explained through illustrative doctrine embedded under related entries. The quoted passages—drawn from Wagner v. Bissell, 3 Iowa 402, and Illinois decisions—show that nineteenth-century courts understood "applicable" to have a substantive, not merely descriptive, meaning. It was not enough that a rule could logically apply; it had to suit the community's habits and align with the spirit of local institutions. This is a nuance the historical dictionaries gesture at but do not fully develop. Neither edition provides a freestanding definition. Researchers relying solely on Black's will find the term explained only in context. The second edition adds the Wagner v. Bissell citation, slightly improving traceability, but the underlying analysis is unchanged. What the historical sources miss: They do not address the modern administrative and tax law usage of "applicable," where the term functions as a technical qualifier (e.g., "applicable federal rate," "applicable exclusion amount") with precise statutory definitions. For those usages, historical dictionaries are not useful guides.
Encyclopedia Cross-Reference
The Law Mind Criminal Law Encyclopedia: Right to Jury Trial — Scope and Applicability (criminal_180) — relevant for the constitutional applicability framework in criminal procedure contexts. The Law Mind Tax Encyclopedia: Tax Treaties Individual Application (tax_193) — relevant for "applicable" as used in treaty and federal tax rate contexts. The Law Mind Insurance Law Encyclopedia: Concealment and Fraud in Insurance Applications (insurance_7) — relevant for "applicable" as used in insurance contract and regulatory contexts.
Related Terms
Applicable law; Reception statute; General law; Special legislation; Choice of law; Governing law; In force; Relevant; Operative; Applicable federal rate (tax); Inapplicable
APPLICABLEmain
Black's Law Dictionary • 1891
The formal proceeding by which a defend- | the judge ad quem, or to whom an appeal ant submits himself to the jurisdiction of the court. According to Bouvier, appearance may be of the following kinds: Compulsory. That which takes place in consequence of the service of process. was taken. Calvin.
APPLICABLEmain
Black's Law Dictionary • 1891
When a constitution or court declares that the common law is in force L in a particular state so far as it is applicable, it is meant that it must be applicable to the habits and conditions of the community, as well as in harmony with the genius, the spirit, and the objects of their institutions. 3 Iowa, 402; 3 Scam. 121; 5 Gilman, 130. M
APPLICABLEmain
Black's Law Dictionary • 1891
When a constitution prohibits the enact- ment of local or special laws in all cases where a general law would be applicable, a general law should always be construed to be appli- cable, in this sense, where the entire people of the state have an interest in the subject, such as regulating interest, statutes of frauds or limitations, etc. But where only a por- tion of the people are affected, as in locating a county-seat, it will depend upon the facts and circumstances of each particular case whether such a law would be applicable. 8 Nev. 322.
APPLICABLEa.
Websters Unabridged Dictionary (1913) • 1913
Capable of being applied; fit or suitable to be applied; having relevance; as, this observation is applicable to the case under consideration. -- Ap"pli*ca*ble*ness, n. -- Ap"pli*ca*bly, adv.
applicableadj
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
Suitable for application, relevant.

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