CAUTION

8 definitions found across Law Mind sources

CAUTIONAuthored
The Law Mind • 1092 words
Definition
CAUTION carries at least three distinct legal meanings, each operating in a different procedural context. 1. Surety or security (admiralty and Scots law). In this oldest legal sense, a caution is a formal undertaking of surety — an obligation given to secure performance of a duty or satisfaction of a debt. Functionally equivalent to bail or a bond, it represents a third party's guarantee that an obligation will be met. This usage appears throughout admiralty practice and Scots civil procedure. 2. Formal warning (criminal procedure, primarily UK and Commonwealth). A caution is an official warning given by police or a prosecuting authority to a person who has admitted a minor offence, offered as an alternative to formal prosecution. The caution is recorded and may be cited in future proceedings but does not result in a conviction. In England and Wales, this procedure is governed by formal guidelines and carries distinct legal consequences — including potential disclosure on criminal records checks — despite not being a criminal sentence. 3. Warning or admonition (general procedural use). Courts and administrative bodies sometimes issue a caution as a formal notice directing a party to take care, comply with a requirement, or refrain from certain conduct. This usage overlaps with the common meaning but is formalized by the procedural context in which it appears. ---
Common Language
Modern common usage (Wiktionary): Prudence when faced with danger; care taken to avoid risk or harm. Also, a formal warning given as an alternative to prosecution in minor cases. Historical common usage (Webster's 1913): A careful attention to the probable effects of an act, in order that failure or harm may be avoided; provident care; wariness. Also, security; guaranty; bail (marked as rare). Also, a precept or warning against evil; exhortation to wariness. The gap matters in two directions. First, the surety meaning — though flagged as rare in Webster's — is the primary legal meaning in admiralty and Scots law sources, which creates a trap: a researcher encountering "caution" in a 17th or 18th century legal document and reading it as mere prudence will fundamentally misread the passage. Second, the formal warning meaning (sense 2 above) is a distinctly legal procedure with enforceable consequences, not simply a colloquial admonition to be careful. ---
Recognized Forms
/SUBTYPES Caution juratory. In Scots law, security given by oath rather than by bond or surety. Used specifically where a suspender (a party seeking suspension of a court order) swears that the security offered is the best available to them. Black's 2nd Ed. identifies this as the instrument by which a suspension could be obtained when conventional surety was beyond the party's means. ---
Why It Matters in Research
Researchers face a genuine disambiguation problem with this term across the Law Mind corpus. In pre-19th century admiralty and Scots law materials, caution means surety or bail, not prudence. Misreading this false cognate distorts the entire legal relationship being described. When a historical source instructs a party to "find caution," it is directing them to produce a guarantor or security instrument — not advising them to be careful. In 20th and 21st century Commonwealth criminal procedure materials, caution means something procedurally specific: a recorded, conditional alternative to prosecution. This is a legal event with documented consequences, not informal advice. Researchers working on criminal records, rehabilitation of offenders, or police procedure in UK or Commonwealth jurisdictions must treat cautions as formal legal instruments, not mere warnings. The term also appears in ecclesiastical and probate contexts as a near-neighbor to caveat. Burrill's entry on caution partially bleeds into its entry on caveat — a sign that historical indexers sometimes conflated the two. Researchers should not assume that a cross-reference from one points to the other without independent verification. Jurisdictional variation is significant: in American legal practice, "caution" in the surety sense is largely obsolete and replaced by "bond" or "bail." In Scots law, it remains a live procedural concept. In English and Welsh criminal procedure, the formal caution is a well-developed institution with its own regulatory framework. ---
Historical Dictionary Support
Black's 1st and 2nd editions align closely, defining caution in the surety and admiralty sense and cross-referencing cautio (the Latin parent term). Both editions note Scots law as the primary home of this usage. The 2nd edition adds the caution juratory subtype with a reference to Erskine's Institute — a Scots law authority — which gives the definition credibility and a traceable source. Burrill's entry follows the same line but runs into organizational confusion: the entry begins with the surety definition, then shifts mid-entry into material about caveat, suggesting either a transcription error or a deliberate but poorly executed cross-reference. Researchers using Burrill's should treat the caution and caveat entries as potentially contaminated by each other. Anderson's entry is largely unhelpful for this term. The text reproduced under "caution" appears to address probable cause standards for criminal prosecution — likely a misattribution or indexing error — rather than the term itself. Researchers should not rely on Anderson's for this definition. None of the historical dictionaries address the formal warning usage that dominates Commonwealth criminal procedure. This is a significant gap: any research touching post-1960s British or Commonwealth criminal process will need to supplement the historical dictionary shelf with modern statutory and regulatory sources. ---
Jurisdictional Note
In Scots law, caution (pronounced "KAY-shun" in Scottish legal practice) remains a functional legal concept governing suretyship obligations. In English and Welsh criminal procedure, the formal caution is governed by Home Office guidelines and the Police and Criminal Evidence Act 1984 framework. American jurisdictions generally do not use "caution" as a term of art; the surety sense has been replaced by bond and bail terminology, and the formal warning concept has no direct equivalent in U.S. criminal procedure. ---
Encyclopedia Cross-Reference
See Law Mind Encyclopedia — Bail and Suretyship (for the surety/security meaning and its relationship to cautio) See Law Mind Encyclopedia — Criminal Procedure: Warnings and Cautions (for the formal warning alternative to prosecution) ---
Related Terms
Cautio (Latin parent term; civil law suretyship obligation) Bail (functional equivalent in common law systems) Bond (surety instrument; overlapping function) Surety (the person or undertaking that fulfills the caution obligation) Caveat (distinct procedural warning; frequently confused with caution in historical sources) Caution juratory (subtype; Scots law) Recognizance (related security instrument in English procedure) Probable cause (adjacent concept; see Anderson's conflation above)
CAUTIONmain
Black's Law Dictionary • 1891
In Scotch law, and in ad- miralty law. Surety; security; bail; an un- dertaking by way of surety. 6 Mod. 162. See CAUTIO.
CAUTIONmain
Anderson's Dictionary of Law • 1890
charged was guilty of the crime for which he could not meet his obligations as they mature in he was prosecuted.1 When information as to the commission of a crime is believed, and is such, and from such sources, that the generality of business men of ordinary care, prudence, and discretion would prosecute upon it under the same conditions.2 The constitutional provision that a warrant of arrest can issue only "upon probable cause, supported by oath or affirmation," contemplates an oath or affirmation by the person who, of his own knowledge, deposes to the facts which constitute the offense; the mere belief of the affiant is insufficient.3 "Probable cause for making an information" does not mean actual and positive cause. The complaint may be made upon information and belief.4 Prize courts deny damages or costs where there has been probable cause for a seizure. Probable cause exists where there are circumstances sufficient to warrant a reasonable ground of suspicion, even though not sufficient to justify condemnation. There is no substantial difference between "probable cause" and "reasonable cause" of seizure. See PROSECUTION, Malicious. Reasonable cause. A fact which would suggest to persons of average intelligence the same inference or action; such facts as would constrain a person of ordinary caution and sagacity to pursue a particular course of conduct; legal cause or excuse; probable cause. In the law of homicide, reasonable cause or ground to apprehend harm or death. A bare fear, unaccompanied by any overt act indicative of the supposed intention, will not warrant a killing, if there is no actual danger." See further DEFENSE, 1. The reasonable cause which will justify a husband or wife in abandoning the other is, in Pennsylvania at least, that which would entitle the party so separating himself or herself to a divorce. See ABANDON, 2 (1). Reasonable cause to believe a debtor insolvent exists when the condition of his affairs is known to be such that prudent business men would conclude that 1 Wheeler v. Nesbitt, 24 How. 551-52 (1860), Clifford, J. [Hamilton v. Smith, 39 Mich. 226-29 (1878), cases, Graves, J. See also Burton v. St. Paul, &c. R. Co., 33 Minn. 191 (1885), cases; 1 Am. Ld. Cas. 213; 23 Ind. 67; 12 Bradw. 635; 52 Me. 505; 76 Mo. 670; 20 Ohio, 129; 28 Iowa, 49; 45 Тех. 544. 3 United States v. Tureaud, 20 F. R. 623-24 (1884), cases, Billings, J. See also Swart v. Kimball, 43 Mich. 451 (1880). 4 State v. Davie, 62 Wis. 308 (1885). [The Thompson, 3 Wall. 162 (1865), cases, Davis, J. Stacey v. Emery, 97 U. S. 646 (1878). the ordinary course of business.1 A recital in the certificate of a magistrate that "satisfactory cause" has been shown for issuing a warrant of arrest is not equivalent to a statement that he is satisfied that there is "reasonable cause" to believe that the charge contained in the preliminary affidavit is true.2 To avoid, as a fraudulent preference in the Bankrupt Act, a security taken for a debt, the creditor must have had such knowledge of facts as to induce a reasonable belief of his debtor's insolvency. Reasonable cause "to believe" and "to suspect" are distinct, in meaning and effect. See PREFER, 2. (3) An action at law, a suit at law or in equity; a judicial proceeding. In any legal sense, action, suit, and cause are convertible terms.4 "Case" is more limited, importing a collection of facts with the conclusions thereon. A "cause" pends, is postponed, appealed, removed; whereas a "case" is made, vested, argued, decided, etc.5 See ACTION, 2; ADMIRALTY; CASE, 2; CHANCERY; JOINDER; SUIT; TITLE, 2. 2. Fr. A case; a trial. Cause celebre. A celebrated trial; plural, causes celebres. In French law, resembles a "State trial" in English law. Among English and American writers, a trial, or a reported case, famous for the parties and the facts involved. Attention to the effect of a thing about to be done; regard to contingencies; forethought; care. See CAUTELA. 1 Merchants' Nat. Bank v. Cook, 95 U. S. 346 (1877), cases, Hunt, J.; Dutcher v. Wright, 94 id. 557 (1876), cases; Stucky v. Masonic Bank, 108 id. 74 (1883). 2 May v. Hammond, 144 Mass. 152 (1887), cases. 3 Grant v. First Nat. Bank of Monmouth, 97 U. S. 81 7 Wiggins v. People, 93 U. S. 478-80 (1876), cases, Clif- (1877), Bradley, J. ford, J. & Gordon v. Gordon, 48 Pa. 234 (1864); Butler v. Butler, 1 Pars. Sel. Cas. Eq. 337 (1849). 4 Exp. Milligan, 4 Wall. 112 (1866), Davis, J. 518 Conn. App. 10. 6 Wheat. 108; 2 Saw. 150; 59 Pa. 333.
CAUTIONmain
Burrill's Law Dictionary • 1867
In admiralty and Scotch law. Security; bail. P. Cyclopædia, voc. Bail. 6 Mod. 162. See Cautio. The object and effect of a caveat are to stay the proceedings, in order to allow the party interested an opportunity of contesting the validity of the will, or the right to the administration, or letters patent. 2 Chitt. Gen. Pract. 502, 503. 3 Bl. Com. 98. Caveat emptor. Let the buyer take care; the buyer must take care, or be on his guard. Hob. 99. Co. Litt. 102 a. 2 Inst. 714. Broom's Max. [605.] The purchaser must examine for himself the article offered to him for sale, and exercise his own judgment respecting it. If he purchase without examination, or after a hasty examination, or in mere reliance upon the seller, and the article turns out to be defective, it is his own fault, and he has no remedy against the seller, unless the latter expressly warranted the article, or made a fraudulent representation concerning it, or knowing it to be defective, used some art to disguise it. This is a leading maxim of the law relating to the contract of sale; and its application is not affected by the circumstance that the price is such as is
CAUTIONn.
Websters Unabridged Dictionary (1913) • 1913
A careful attention to the probable effects of an act, in order that failure or harm may be avoided; prudence in regard to danger; provident care; wariness. Security; guaranty; bail. [R.] The Parliament would yet give his majesty sufficient caution that the war should be prosecuted. Clarendon. Precept or warning against evil of any kind; exhortation to wariness; advice; injunction. In way of caution I must tell you. Shak. Caution money, money deposited by way of security or guaranty, as by a student at an English university.
CAUTIONv.
Websters Unabridged Dictionary (1913) • 1913
To give notice of danger to; to warn; to exhort [one] to take heed. You cautioned me against their charms. Swift.
cautionnoun
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.
Prudence when faced with, or when expecting to face, danger; care taken in order to avoid risk or harm. | A careful attention to the probable effects of an act, in order that failure or harm may be avoided. | Security; guaranty; bail. | One who draws attention or causes astonishment by their behaviour. | A formal warning given as an alternative to prosecution in minor cases. | A yellow card.
cautionverb
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.
To warn; to alert, advise that caution is warranted. | To give a yellow card.

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