MEASURE - The Law Mind Legal Dictionary

MEASUREAuthored

The Law Mind • 1438 words

Definition

MEASURE carries several distinct legal meanings depending on context. The term functions both as a noun denoting a standard of quantification and as a conceptual framework for legal rules that govern how amounts, values, or remedies are calculated.

1. Standard of quantity or dimension. A fixed unit or rule by which extent, capacity, or amount is determined. In this sense, measure operates as both the physical instrument of assessment (a vessel, graduated rod, or unit of weight) and the abstract standard against which quantities are compared.

2. Rule of apportionment or adjustment. A legal formula or principle by which a figure — most commonly damages — is arrived at. This is the dominant legal sense. The phrase "measure of damages" refers not to a single number but to the governing principle that determines how compensation is calculated in a given class of case. The measure may be expectation, reliance, restitution, market value, replacement cost, or another standard depending on the nature of the claim and the jurisdiction.

3. Legislative measure. A bill, resolution, or enactment considered or passed by a legislative body. In this sense the word appears frequently in constitutional and statutory texts — "measure" as a synonym for proposed or enacted law.

4. Constitutional weights and measures. Under Article I, Section 8 of the U.S. Constitution, Congress holds power to fix the standard of weights and measures. The term here carries its original quantitative meaning but operates as a specific constitutional grant with significant federalism implications.

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Common Language

Modern common usage (Wiktionary): A prescribed quantity or extent; the act or result of measuring; moderation or temperance; an (unspecified) portion or quantity; a receptacle of standard size used to deal out specific quantities.

Historical common usage (Webster's 1913): A standard of dimension; a fixed unit of quantity or extent; an extent or quantity in the fractions or multiples of which anything is estimated and stated; a rule by which anything is adjusted or judged.

The ordinary meaning of measure aligns with legal meaning at the level of quantification, but diverges sharply when legal texts use "measure" to mean a governing rule or standard of calculation rather than a number or physical quantity. A researcher encountering "measure of damages" should not expect a fixed dollar amount — the phrase denotes the legal test used to arrive at that amount, not the amount itself. Similarly, "legislative measure" is a usage that common definitions touch only obliquely.

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Common Confusion

MEASURE vs. AMOUNT: These terms are frequently used interchangeably in legal writing but are conceptually distinct. "Measure" in legal doctrine refers to the rule or standard applied; "amount" refers to the numerical result of applying that rule. Confusing them distorts analysis — a court selecting the wrong measure of damages commits legal error; calculating the wrong amount under the correct measure is a factual error. The distinction matters for appellate review, as measure questions are often reviewed de novo while amount questions receive deference.

MEASURE OF DAMAGES vs. MEASURE OF VALUE: Black's 2nd edition distinguishes these. Measure of damages governs compensation in actions at law. Measure of value refers to a broader economic concept — the standard by which exchange value is expressed, often money — though the two concepts intersect when damages are quantified at market value.

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Recognized Forms

/SUBTYPES

Measure of damages. The foundational legal subtype. The rule or system of rules governing how damages are adjusted and apportioned as compensation for injury. The applicable measure varies by cause of action: contract cases commonly apply expectation or reliance measures; tort cases typically apply a make-whole standard; restitution claims use a disgorgement or unjust enrichment measure.

Measure of value. The standard by which the value of a thing is expressed in exchange, most commonly money. Relevant in property, contract, and constitutional takings contexts.

Measure of proof. Occasionally used as a synonym for burden of proof or standard of proof — the degree of persuasion required to prevail on a claim or defense. Less common in modern usage but appears in historical sources.

Weights and measures (constitutional). The power to standardize physical units of measurement, vested in Congress but with historically concurrent state legislative authority as noted in Bouvier.

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Why It Matters in Research

The term's ambiguity is its primary research hazard. In any pre-twentieth-century source, "measure" may refer to physical standards of quantity, the rule for calculating damages, or a legislative enactment — and the context does not always make the sense obvious. Researchers working across these historical sources must identify which meaning is operative before applying or citing the passage.

For damages research specifically, the phrase "measure of damages" is a gateway term. It connects to an extensive body of doctrine that varies by: (1) the nature of the cause of action (contract, tort, property, restitution); (2) whether the plaintiff seeks compensatory, expectation, reliance, or disgorgement relief; and (3) jurisdictional rules that cap, limit, or specify alternative measures. A researcher who locates a "measure of damages" passage in a historical source must ask whether that measure remains the governing standard in the target jurisdiction today — the rules have shifted considerably over time, particularly in restitution and equitable contexts.

For legislative research, "measure" appears routinely in state constitutional provisions governing ballot initiatives, referendum procedures, and legislative process. The word often carries a specific procedural meaning in those instruments that differs from its use in substantive statutory text.

The constitutional weights and measures clause is an underresearched area in which Bouvier remains a more useful starting point than either edition of Black's, which treats the term primarily in the damages context.

Corpus connections are strong: the measure of damages links directly to remedies doctrine (disgorgement, election of remedies), to evidentiary questions about subsequent remedial measures under Rule 407, and to IP doctrine around reasonable measures to maintain trade secret status — each of which involves a distinct legal test operating under the word "measure."

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Historical Dictionary Support

The historical dictionaries show broad agreement on the foundational definition — measure as the rule by which something is adjusted or proportioned — but vary significantly in emphasis and coverage.

Black's 1st edition offers the most compressed treatment, essentially tracking Webster's definition and then pivoting to "measure of damages" as the primary legal application. Black's 2nd edition expands this to add "measure of value" as a separately defined subentry, signaling awareness that the term operates across multiple legal domains.

Bouvier is the most expansive of the historical sources and the most constitutionally oriented. Its treatment of the weights and measures clause is the most useful entry point for that line of research, and it frames measure as "a means or standard for computing amount" — a phrasing that captures the relational character of the legal concept better than the other sources.

Rapalje & Lawrence offers the thinnest treatment, essentially cross-referencing DAMAGES and noting the basic definition without independent analysis. Anderson's similarly cross-references DAMAGES and adds WEIGHT and INSPECTION, which is useful mainly as a signal that "measure" in commercial and trade contexts intersects with inspection and weights law — a connection the other dictionaries do not flag.

None of the historical dictionaries addresses "measure" in the legislative sense (as a synonym for bill or enactment) despite this being a commonplace usage in the period. Researchers relying solely on historical legal dictionaries for that sense will find no support in these sources and should consult parliamentary and constitutional authorities directly.

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Jurisdictional Note

The measure of damages applicable to a given claim is among the most jurisdiction-specific questions in civil litigation. Federal courts apply state law measures in diversity cases, and state courts have developed divergent rules particularly in contract, professional liability, and property damage contexts. Researchers should not assume that a measure identified in one jurisdiction's case law or in a historical treatise applies in their target jurisdiction without current verification.

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Encyclopedia Cross-Reference

remedies_43: Restitution as an Alternative to Damages — Election of Remedies and the Disgorgement Measure (The Law Mind Remedies & Equity Encyclopedia)
civpro_146: Subsequent Remedial Measures — Rule 407 (The Law Mind Civil Procedure & Evidence Encyclopedia)
ip_90: Reasonable Measures to Maintain Secrecy (The Law Mind Intellectual Property Encyclopedia)

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MEASUREmain

Black's Law Dictionary • 1891

That by which extent or dimension is ascertained, either length, breadth, thickness, capacity, or amount. Webster. The rule by which anything is ad- justed or proportioned.

MEASUREmain

Black's Law Dictionary (2nd Ed.) • 1910

That by which extent or dimension is ascertained, either length, breadth, thickness, capacity, or amount. Webster. The rule by which anything is adjusted or proportioned. —Measure of damages. The rule, or rather the system of rules, governing the adjustment or apportionment of damages as a compensation for injuries in actions at law.—Measure of value. In the ordinary sense of the word, ‘measure’ would mean something by compari* son with which we may ascertain what is the value of anything. When we consider, further, that value itself is relative, and that two things are necessary to constitute it, independently of the third thing, which is to measure it, we may define a ‘measure of value’ to be something by comparing with which any two other things we may infer their value in relation to one another. 2 Mill, Pol. Econ. 101 MEASURER, or METER. An officer in the city of London, who measured woolen clothes, coals, etc.

MEASUREmain

Rapalje & Lawrence • 1883

(807) 640. MAYHEM, (what constitutes). 7 Pac. C. L. J. (what is not). 8 Port. (Ala.) 472. -That by which the quantity of anything is ascertained; the rule by which anything is adjusted or proportioned. MEASURE OF DAMAGES.-See DAMAGES, 1. of the claim, is then issued and served on the defendant; this document is sometimes called a "copy action and notice," but more commonly a "plaint." (See Cand. M. C. Pr. 71; Yeatm. M. C. Pr. 66.) The subsequent proceedings are similar to those in actions at law before the Judicature Acts, 1873 and 1875, as to which, see

MEASUREn.

Websters Unabridged Dictionary (1913) • 1913

A standard of dimension; a fixed unit of quantity or extent; an extent or quantity in the fractions or multiples of which anything is estimated and stated; hence, a rule by which anything is adjusted or judged. An instrument by means of which size or quantity is measured, as a graduated line, rod, vessel, or the like. False ells and measures be brought all clean adown. R. of Gloucester. The dimensions or capacity of anything, reckoned according to some standard; size or extent, determined and stated; estimated extent; as, to take one's measure for a coat. The measure thereof is longer than the earth, and broader than the sea. Job xi. 9. The contents of a vessel by which quantity is measured; a quantity determined by a standard; a stated or limited quantity or amount. It is like leaven which a woman took and hid in three measures of meal. Luke xiii. 21. Extent or degree not excessive or beyong bounds; moderation; due restraint; esp. in the phrases, in measure; with measure; without or beyond measure. Hell hath enlarged herself, and opened her mouth without measure. Is. v. 14. Determined extent, not to be exceeded; limit; allotted share, as of action, influence, ability, or the like; due proportion. Lord, make me to know mine end, and the measure of my days. Ps. xxxix. 4. The quantity determined by measuring, especially in buying and selling; as, to give good or full measure. Undefined quantity; extent; degree. There is a great measure of discretion to be used in the performance of confession. Jer. Taylor. Regulated division of movement: The space between two bars. See Beat, Triple, Quadruple, Sextuple, Compound time, under Compound, a., and Figure. A number which is contained in a given number a number of times without a remainder; as in the phrases, the common measure, the greatest common measure, etc., of two or more numbers. A step or definite part of a progressive course or policy; a means to an end; an act designed for the accomplishment of an object; as, political measures; prudent measures; an inefficient measure. His majesty found what wrong measures he had taken in the conferring that trust, and lamented his error. Clarendon. The act of measuring; measurement. Shak. Beds or strata; as, coal measures; lead measures. Lineal, or Long, measure, measure of length; the measure of lines or distances.  -- Liquid measure, the measure of liquids.  -- Square measure, the measure of superficial area of surfaces in square units, as inches, feet, miles, etc.  -- To have hard measure, to have harsh treatment meted out to one; to be harshly or oppressively dealt with.  -- To take measures, to make preparations; to provide means.  -- To take one's measure, to measure one, as for a garment; hence, to form an opinion of one's disposition, character, ability, etc.  -- To tread a measure, to dance in the style so called. See 9 (a). Say to her, we have measured many miles To tread a measure with her on this grass. Shak.

MEASUREv.

Websters Unabridged Dictionary (1913) • 1913

To ascertain by use of a measuring instrument; to compute or ascertain the extent, quantity, dimensions, or capacity of, by a certain rule or standard; to take the dimensions of; hence, to estimate; to judge of; to value; to appraise. Great are thy works, Jehovah, infinite Thy power! what thought can measure thee Milton. To serve as the measure of; as, the thermometer measures changes of temperature. To pass throught or over in journeying, as if laying off and determining the distance. A true devoted pilgrim is not weary To measure kingdoms with his feeble steps. Shak. To adjust by a rule or standard. To secure a contented spirit, measure your desires by your fortunes, not your fortunes by your desires. Jer. Taylor. To allot or distribute by measure; to set off or apart by measure; -- often with out or off. With what measure ye mete, it shall be measured to you again. Matt. vii. 2. That portion of eternity which is called time, measured out by the sun. Addison. To measure swords with one, to try another's skill in the use of the sword; hence, figuratively, to match one's abilities against an antagonist's.

MEASUREv.

Websters Unabridged Dictionary (1913) • 1913

To make a measurement or measurements. To result, or turn out, on measuring; as, the grain measures well; the pieces measure unequally. To be of a certain size or quantity, or to have a certain length, breadth, or thickness, or a certain capacity according to a standard measure; as, cloth measures three fourths of a yard; a tree measures three feet in diameter.

measurenoun

Wiktionary (English) • 2026

Wiktionary contributors • CC 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.

A prescribed quantity or extent. | Moderation, temperance. | A prescribed quantity or extent. | A limit that cannot be exceeded; a bound. (Now chiefly in set phrases.) | A prescribed quantity or extent. | An (unspecified) portion or quantity. | The act or result of measuring. | A receptacle or vessel of a standard size, capacity etc. as used to deal out specific quantities of some substance. | The act or result of measuring. | A standard against which something can be judged; a criterion. | The act or result of measuring. | Any of various standard units of capacity. | The act or result of measuring. | A unit of measurement. | The act or result of measuring. | The size of someone or something, as ascertained by measuring. (Now chiefly in make to measure.) | The act or result of measuring. | The act or process of measuring. | The act or result of measuring. | A ruler, measuring stick, or graduated tape used to take measurements. | The act or result of measuring. | A bed or stratum. | The act or result of measuring. | A number which is contained in a given number a number of times without a remainder; a divisor or factor. | The act or result of measuring. | A function which obeys a particular set of formal conditions, created to generalize and rigorize the notions of length, volume, and probability. Formally, a non-negative, countably additive set function on a sigma-algebra; see Measure (mathematics) on Wikipedia.Wikipedia | Metrical rhythm. | A melody. | Metrical rhythm. | A dance. | Metrical rhythm. | The manner of ordering and combining the quantities, or long and short syllables; meter; rhythm; hence, a metrical foot. | Metrical rhythm. | A musical designation consisting of all notes and or rests delineated by two vertical bars; an equal and regular division of the whole of a composition; a bar. | A course of action. | Actions designed to achieve some purpose; plans. | A course of action. | A piece of legislation.

measureverb

Wiktionary (English) • 2026

To ascertain the quantity of a unit of material via calculated comparison with respect to a standard. | To be of (a certain size), to have (a certain measurement) | To estimate the unit size of something. | To judge, value, or appraise. | To obtain or set apart; to mark in even increments. | To traverse, cross, pass along; to travel over. | To adjust by a rule or standard. | To allot or distribute by measure; to set off or apart by measure; often with. | To regulate or control (one's actions, speech, etc.), as if one were carefully measuring their length or quantity.

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