DOUBLE

7 definitions found across Law Mind sources

DOUBLEAuthored
The Law Mind • 1017 words
Definition
As a standalone legal term, DOUBLE means twofold; acting in two capacities; multiplied by two; or presenting two aspects of a single thing. It is rarely used alone in legal texts but functions as a productive prefix that generates a family of compound terms with distinct legal significance. Black's Law Dictionary (2nd Ed.) confirms that the word carries its ordinary meaning into law — the legal work is done by the compounds it forms. The most significant compound terms include: 1. Double Jeopardy: The constitutional protection against being tried or punished twice for the same offense. Rooted in the Fifth Amendment to the U.S. Constitution, this is by far the most legally consequential use of the term in American law. 2. Double Adultery: Adultery committed by two persons both of whom are married — as distinguished from single adultery, where only one party is married. A historical classification relevant to divorce and ecclesiastical proceedings. 3. Double Insurance: The condition of having the same insurable interest covered by two separate policies, often implicating questions of contribution between insurers and limits on recovery. 4. Double Recovery: The prohibited receipt of compensation twice for the same loss or injury — a principle limiting damages in tort, contract, and insurance contexts. 5. Double Costs: An award of costs at twice the standard rate, historically available as a penalty in certain actions. 6. Double Voucher: A term from the old common law writ of warranty, referring to a procedural device in common recovery.
Common Language
Modern common usage (Wiktionary): To multiply by two; to fold over; to serve a second role or purpose; to increase by one hundred percent. Historical common usage (Webster's 1913): Twofold; multiplied by two; increased by its equivalent; being in pairs; acting two parts. The gap between common and legal meaning is narrow for the word itself — Black's expressly notes that it carries the same meaning in law as in popular speech. The editorial caution is this: researchers must resist treating DOUBLE as a freestanding legal concept. Its legal significance is entirely compound-dependent. Finding "double" in a historical legal text is almost always a signal to identify the full compound term; the standalone word signals little on its own.
Common Confusion
DOUBLE is sometimes used loosely in older sources where the intended meaning varies by context — "double" costs, "double" damages, and "double" satisfaction each invoke distinct doctrines. Do not conflate double damages (a punitive or statutory remedy) with double recovery (a prohibited windfall). The first may be authorized by law; the second is generally forbidden by it.
Why It Matters in Research
The principal research value of this entry is navigational. Researchers encountering DOUBLE in historical sources should: First, identify the full compound. The word alone signals nothing actionable. Black's (2nd Ed.) lists multiple compound terms as the meaningful units; the same is true across Rapalje & Lawrence and Anderson's. Second, note that the historical dictionaries reproduced in the Law Mind corpus contain scattered, incomplete treatment of double's compounds. The entries retrieved for this term from Rapalje & Lawrence and Anderson's are misfiled adjacencies — the definitions recovered concern dower (dos) and donation, not double at all. This is a corpus artifact: dictionary scanning and indexing can misalign headwords with nearby column text. Researchers relying on keyword hits in historical sources should always verify that the retrieved passage actually defines the target term. Third, for double jeopardy specifically, the constitutional doctrine has evolved substantially from its common law antecedents. Historical dictionary definitions will not reflect the Fifth Amendment's modern doctrinal structure — the Blockburger same-elements test, dual sovereignty doctrine, or attachment rules developed through twentieth-century case law. Use the encyclopedia entries, not the historical dictionaries, as the starting point for constitutional research. Fourth, double in insurance contexts — double insurance, double indemnity — follows its own doctrinal track and may appear in sources indexed under insurance law rather than under this headword.
Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) provides the most useful framing: "Twofold; acting in two capacities or having two aspects; multiplied by two. This term has ordinarily the same meaning in law as in popular speech." It then directs readers to compound terms as the substantive entries. This approach — defining the modifier, then dispatching to compounds — reflects how the historical dictionaries generally handle DOUBLE. Rapalje & Lawrence and Anderson's Dictionary of Law, as reproduced in the Law Mind corpus, do not yield usable definitions of DOUBLE itself at the retrieved pages. The passages concern dower and donation respectively, suggesting column-proximity retrieval rather than intentional headword definitions. This is noted not as a defect in those dictionaries but as a research caution: historical dictionary hits on common words are more susceptible to indexing drift than hits on distinctive legal terms. What the historical dictionaries miss: the constitutional dimensions of double jeopardy, the modern insurance law treatment of double indemnity, and the damages-law treatment of double recovery are all post-codification developments that fall outside the scope of these sources.
Jurisdictional Note
Double jeopardy applies in both federal and state courts through the Fifth and Fourteenth Amendments, but the dual sovereignty doctrine means a federal prosecution does not bar a subsequent state prosecution for the same conduct, and vice versa. Double damages and double costs vary considerably by statute across jurisdictions; their availability depends on the specific cause of action and controlling law.
Encyclopedia Cross-Reference
Double Jeopardy — Attachment and Scope (The Law Mind Criminal Law Encyclopedia) Double Jeopardy — Same Offense Test (Blockburger) (The Law Mind Criminal Law Encyclopedia) Double Jeopardy — Dual Sovereignty Doctrine (The Law Mind Criminal Law Encyclopedia)
Related Terms
Double Jeopardy — Double Damages — Double Recovery — Double Insurance — Double Indemnity — Double Costs — Jeopardy — Same Offense — Dual Sovereignty — Collateral Estoppel — Former Jeopardy — Autrefois Acquit — Autrefois Convict
DOUBLEmain
Rapalje & Lawrence • 1888
(415) nation of the coverture to the source from which it came.-Brown. 2. In old English law. -The portion given to the wife by the husband at the church door, in consideration of the marriage; dower; the wife's portion out of her deceased husband's astate in case he had not endowed her. Dos de dote peti non debet (4) Co. 122): Dower from dower ought not to be sought.
DOUBLEmain
Anderson's Dictionary of Law • 1890
Donate. To give gratuitously or without regarded with distrust.1 See CONVEYANCE, consideration.1 In the act of Indiana of May 9, 1869, enabling a city to aid the construction of a railroad, etc., "donation" means an absolute gift or grant of a thing without any condition or consideration. See AID, 1, Municipal. Letting the labor of convicts in consideration of their being fed, clothed, etc., by the hirer, is not a "donation" or gratuity.3 1. By two married persons: as, double adultery, q. v. 2. On behalf of each of two parties: as, a double agency. See BROKER. 3. For the same cause of action: as, a double arrest, q. v.; double punishment, or satisfaction, q. v. 4. Twofold: as, a contingency with a double aspect, q. v. 5. Upon the same subject-matter, twice over: as, a double assessment or taxation. See TAX, 2. 6. Twice the original: as, double costs, q. v. 7. Increased by the court, over the actual amount: as, double damages. 8. For, by, or from two persons; opposed to single: as, a double deed. 9. Additional; upon the same property, against the same risks, and for the same person; as, double insurance, q. v. 10. Second, duplicated: as, a double payment. 11. Twice the original or true amount: as, a double penalty, q. v. 12. Containing two or more distinct causes of action or defense: as, double pleading. See DUPLICITY. 1 Broom, Max. 289, 290; 4 B. & C. 652; 1 M. & S. 253. 2 See 2 Bl. Com. 129, 492, 516; 1 Washb. R. P. 147, 209; 132 Mass. 275; 6 Mart., La., 460.
DOUBLEmain
Black's Law Dictionary (2nd Ed.) • 1910
DOTE, v. “To besot” is to stupefy, ta make dull or senseless, to make to dote; and “to dote” is to be delirious, silly, or insane. ' Gates v. Meredith, 7 Ind. 441. Twofold; acting in -two ca-. pacities or having two aspects; multiplied by two. This term has ordinarily the same meaning in law as in popular speech. The principal compound terms into which it enters are noted below. —Double adultery. Adultery committed by two persons each of whom is married to another as distinguished from “single” adultery. where one of the participants is unmarried. Hunter v. U. S., 1 Pin. (Wis.) 91, 39 Am. Dec. 277.—Double avail of marriage. In Scotch law. Double the ordinary or single value of a marriage. Bell. See DUPLEX VALOR MaAgRITAGII.—Double bond. In Scotch law. A bond with a penalty, as distinguished from & single bond. 2 Kames, Eq. 359.—Double complaint, or double quarrel. In ecclesiastical Jaw. A grievance made known by 4 clerk or other person, to the archbishop of the province, against the ordinary, for delaying or refusing to do justice in some cause ecclesiastical, as to give sentence, institute a clerk, etc. It is termed a “double complaint,” because it is most commonly made against both the judge and him at whose suit justice is denied or delayed; the effect whereof is that the archbishop, taking notice of the delay, directs his letters, under his authentical seal, to all clerks of his province, commanding them to admonish the ordinary, within a certain number of days, to do the justice required, or otherwise to appear before him or his official, and there allege the cause of his delay; and to signify to the ordinary that if he neither perform the thing enjoined, nor appear nor show cause against it, he himself, in his court of audience, will forthwith proceed to do the justice that is due. Cowell.—Double costs. See Costs.—Double es. See DAMAGES.—Double eagle. A gold coin of the United States of the value of twenty dollars—Double entry. A system of mercantile book-keeping, in. which the entries in the day-book, etc., are posted twice into the ledger. First, to a personal account, that is, to the account of the person with whom the dealing to which any given entry refers has taken place; saath to an impermoae) account, as “goods.” Mozley & Whitey.-Double fine. In old English law. A fine sur done grant et render was called a “double fine,”” because it comprehended the fine sur cognizance de droit come ceo, etc., and the fine eur concessit. 2 Bl. Comm. 353—Double insurance is where divers insurances are made upon the same interest in the same subject against the same risks in favor of the same assured, in roportions exceeding the value. 1 Phill. Ins. ; 9, 366. A double insurance exists where the same person is insured by several insurers separately in respect to the same subject and interest. Civ. Code Cal. § 2641; Wells v. Insurance Co., 9 Serg. & R. (Pa.) 107; Insurance Co. v. Gwathmey, 82 Va. 923. 1 S. E. 209; Perkins v. Insurance Co., 12 Mass. 218; Lowell Mfg. Co. v. Safeguard F. Ins. Co., 88 N. Y. 597.—Double plea, double pleading. See DuPLicITy;§ -PLEA; PLEADING.—Double poaster ty A possibility upon a possibility. Bl. Comm. 170.—Double rent. In English law. Rent payable by a tenant who continues in possession after the time for which he has given notice to quit, until the time of his quitting possession. St. 11 Geo. II. c. 19.—Double taxation. The taxing of the same item or piece of property twice to the same person, or taxing it as the property of one person and again as the property of another; but this does not include the imposition of different taxes concurrently on the same property (e. g., a city tax and a school tax), nor the taxation of the same piece of property to different persons when they hold different interests in it or when it represents different values in their hands, as when both the mortgagor and mortgagee of property are taxed in respect to their interests in it, or when a tax is laid upon the capital or property of a corporation and also upon the value of its shares of stock in the hands of the separate stockholders. Cook v. Burlington, 59 Iowa,.251, 18 N. W. 1138, 44 Am. Rep. 679; Cheshire County Tel. Co. v. State, 63 N. H. 167; Detroit Common Council v. Detroit Assessors, 91 Mich. 78, 51 N. W. 787, 16 L. R. A. 59.—Double use. In patent law. An appoceton of a principle or process, pre iourly nown and applied, to some new use, but which does not lead to a new result or the production of a new article. De Lamar v. De Lamar Min. Co. (C. C.) 110 Fed. 542; In re Blandy, 3 Fed. Cas. 671.—Double walue. In English law. This is a penalty on a tenant holdin over after his landlord’s notice to quit. By Geo. II. c. 28, § 1, it is enacted that if any tenant for life or years hold over any ldnds, etc., after the determination of his estate, after demand made, and notice in writing given, for delivering the possession thereof, by the jandlord, or the person having the reversion or remainder therein, or his agent thereunto lawfully authorized, such tenant so holding over shall pay to the person so kept out of possession at the rate of double the yearly value of the lands, etc., so detained, for so long a time as the same are detained. See Woodf. Landl. & Ten. (12th Ed.) 717. et seg.—Double vwoucher. This was when a common recovery was had, and an estate of freehold was first conveyed to any indifferent person against whom the precipe was brought, and then he vouched the tenant in tail, who vouched over the common vouchee. For, if a recovery were had immediately against a tenant in tail, it barred only the estate in the premises of which he was 394 DOUBT then actually seised, whereas, if the recovery were had against another person, and the tenant in tail were vouchee, it barred every latent right and interest which he might have in the lands recovered. 2 Bl. Comm. 359.—Double waste. When a tenant bound to repair suffers a house to be wasted, and then unlawfully fells timber to repair it, he is said to commit double waste. Co. Litt. 53.—Double will. A will in which two persons join, each leaving his property and estate to the other, so that the survivor takes the whole. Evans vy. Smith, 28 Ga. 98, 73 Am. Dec. 751.
DOUBLEa.
Websters Unabridged Dictionary (1913) • 1913
Twofold; multiplied by two; increased by its equivalent; made twice as large or as much, etc. Let a double portion of thy spirit be upon me. 2 Kings ii. 9. Darkness and tempest make a double night. Dryden. Being in pairs; presenting two of a kind, or two in a set together; coupled. [Let] The swan, on still St. Mary's lake, Float double, swan and shadow. Wordsworth. Divided into two; acting two parts, one openly and the other secretly; equivocal; deceitful; insincere. With a double heart do they speak. Ps. xii. 2. Having the petals in a flower considerably increased beyond the natural number, usually as the result of cultivation and the expense of the stamens, or stamens and pistils. The white water lily and some other plants have their blossoms naturally double. in order; a diesis. -- Double drum (Mus.), a large drum that is beaten at both ends. -- Double eagle, a gold coin of the United States having the value of 20 dollars. -- Double entry. See under Bookkeeping. -- Double floor (Arch.), a floor in which binding joists support flooring joists above and ceiling joists below. See Illust. of Double-framed floor. -- Double flower. See Double, a., 4. -- Double-framed floor (Arch.), a double floor having girders into which the binding joists are framed. -- Double fugue (Mus.), a fugue on two subjects. -- Double letter. (a) (Print.) Two letters on one shank; a ligature. A mail requiring double postage. -- Double note (Mus.), a note of double the length of the semibreve; a breve. See Breve. -- Double octave (Mus.), an interval composed of two octaves, or fifteen notes, in diatonic progression; a fifteenth. -- Double pica. See under Pica. -- Double play (Baseball), a play by which two players are put out at the same time. -- Double plea (Law), a plea alleging several matters in answer to the declaration, where either of such matters alone would be a sufficient bar to the action. Stephen. -- Double point (Geom.), a point of a curve at which two branches cross each other. Conjugate or isolated points of a curve are called double points, since they possess most of the properties of double points (see Conjugate). They are also called acnodes, and those points where the branches of the curve really cross are called crunodes. The extremity of a cusp is also a double point. -- Double quarrel. (Eccl. Law) See Duplex querela, under Duplex. -- Double refraction. (Opt.) See Refraction. -- Double salt. (Chem.) (a) A mixed salt of any polybasic acid which has been saturated by different bases or basic radicals, as the double carbonate of sodium and potassium, NaKCO3.6H2O. (b) A molecular combination of two distinct salts, as common alum, which consists of the sulphate of aluminium, and the sulphate of potassium or ammonium. -- Double shuffle, a low, noisy dance. -- Double standard (Polit. Econ.), a double standard of monetary values; i. e., a gold standard and a silver standard, both of which are made legal tender. -- Double star (Astron.), two stars so near to each other as to be seen separate only by means of a telescope. Such stars may be only optically near to each other, or may be physically connected so that they revolve round their common center of gravity, and in the latter case are called also binary stars. -- Double time (Mil.). Same as Double-quick. -- Double window, a window having two sets of glazed sashes with an air space between them.
DOUBLEadv.
Websters Unabridged Dictionary (1913) • 1913
Twice; doubly. I was double their age. Swift.
DOUBLEv.
Websters Unabridged Dictionary (1913) • 1913
To increase by adding an equal number, quantity, length, value, or the like; multiply by two; to double a sum of money; to double a number, or length. Double six thousand, and then treble that. Shak. To make of two thicknesses or folds by turning or bending together in the middle; to fold one part upon another part of; as, to double the leaf of a book, and the like; to clinch, as the fist; -- often followed by up; as, to double up a sheet of paper or cloth. Prior. Then the old man Was wroth, and doubled up his hands. Tennyson. To be the double of; to exceed by twofold; to contain or be worth twice as much as. Thus reënforced, against the adverse fleet, Still doubling ours, brave Rupert leads the way. Dryden. To pass around or by; to march or sail round, so as to reverse the direction of motion. Sailing along the coast, the doubled the promontory of Carthage. Knolles. To unite, as ranks or files, so as to form one from each two.

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