CARRIES WITH IT

2 definitions found across Law Mind sources

CARRIES WITH ITAuthored
The Law Mind • 898 words
Definition
A legal phrase of attachment, signifying that a particular instrument, right, or status brings along with it additional legal consequences, burdens, or incidents by operation of law — without those consequences needing to be expressly stated in the instrument itself. The term describes the automatic legal freight that attaches to a document or legal relationship simply because of what that document or relationship is. The phrase most commonly appears in connection with negotiable instruments — notes, bills, and other evidences of debt — where it signals that interest, penalties, or other legal incidents run with the instrument as a matter of law, not merely by explicit contractual provision. A note "carries with it" legal interest from the date of maturity whether or not the instrument says so, because the law supplies that consequence automatically. The phrase is not limited to debt instruments. Courts use it more broadly to describe any situation where a legal status, grant, or right imports additional incidents without enumeration: a license may carry with it certain implied permissions; a conveyance may carry with it appurtenant easements; a criminal sentence may carry with it collateral consequences. The unifying idea is automatic legal attachment rather than express stipulation.
Common Language
Modern common usage (Wiktionary): "Carries with it" in ordinary English means simply that something accompanies or entails something else — as in, "the promotion carries with it additional responsibilities." Historical common usage (Webster's 1913): Webster's treats "carry" in this construction as meaning to bear or bring along; the phrase implies natural accompaniment or consequence. The gap between common and legal meaning is real but subtle. In ordinary speech, the phrase is neutral — it describes any accompaniment, whether chosen or incidental. In legal usage, the phrase does specific technical work: it signals that the accompanying consequence arrives by operation of law, not by agreement or intention. When a court says a note "carries with it" interest, it means the law imposes that interest, not that the parties negotiated for it. Researchers should not read the phrase as merely descriptive when it appears in legal instruments or opinions.
Why It Matters in Research
This phrase is a textual signal worth pausing on. When encountered in older case law or instruments, it typically marks a legal conclusion about what the law supplies automatically — a distinction with practical significance for questions of implied rights, constructive notice, and the scope of a conveyance or obligation. In negotiable instruments research, the phrase frequently resolves disputes about whether interest, attorneys' fees, or other charges are recoverable when not expressly stated. The phrase points the researcher toward the governing law on implied legal incidents of the instrument type, not toward the instrument's express terms. In property research, "carries with it" language in deeds or court opinions often introduces appurtenant rights — easements, water rights, or covenants running with the land — that travel with the property without separate conveyance. Researchers working in pre-20th century deed records should be alert to this construction as evidence of implied appurtenances that may not appear elsewhere in the chain of title. A separate modern usage has developed in criminal law and sentencing. Courts and statutes routinely describe collateral consequences — sex offender registration, firearms disabilities, deportation exposure — as consequences that a conviction "carries with it." This usage is structurally identical to the historical instruments usage: the law, not the judgment, supplies the consequence. Researchers navigating sentencing materials across different eras should recognize that this is the same phrase doing the same logical work, even though the subject matter has changed entirely. The phrase appears rarely as a defined term and most often as a construction embedded in reasoning. That means full-text search, not index search, is required to locate its appearances in the Law Mind corpus.
Historical Dictionary Support
Bouvier's Law Dictionary defines the expression by reference to a Kentucky case, limiting the definition explicitly to negotiable instruments: "any interest that the note, bill, or other evidence of debt may carry by operation of law." The definition is narrow and instrument-specific, reflecting the context in which the phrase most frequently generated litigation in the 19th century. Bouvier's entry is useful as a starting point but should not be treated as exhaustive. The operation-of-law principle it identifies is generalizable far beyond debt instruments, and courts had already extended the phrase to property and other contexts by the time Bouvier's was compiled. Researchers should treat the Bouvier entry as confirming the core legal logic — automatic attachment by operation of law — while recognizing that the phrase's reach in modern and mid-20th century materials is broader than Bouvier's single illustration suggests. No other major historical legal dictionaries in the Law Mind corpus provide a dedicated entry for this phrase, which reflects its status as a term of construction rather than a formally defined term of art.
Encyclopedia Cross-Reference
Weapons Offenses — Concealed Carry Laws and Licensing, The Law Mind Criminal Law Encyclopedia (for the modern criminal law context in which statutory penalties and licensing conditions are described as consequences a conviction or status "carries with it")
Related Terms
Operation of law Appurtenant Runs with the land Incident of ownership Collateral consequences Negotiable instrument Legal interest Implied covenant Attachment (legal) By force of law
CARRIES WITH ITmain
Bouvier's Law Dictionary • 1928
The expres- sion "carries with it" means any interest that the note, bill, or other evidence of debt may carry by operation of law. 89 Ky. 126, 9 S. W. 506.

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