OUT

8 definitions found across Law Mind sources

OUTAuthored
The Law Mind • 990 words
Definition
"Out" as a standalone legal term is primarily a relational or status word rather than a substantive legal concept in its own right. It appears in law almost exclusively as part of compound phrases and terms of art — most importantly "out of court," "out of term," "opting out," "buyout," "freeze-out," "phase-out," and similar constructions. Its independent legal significance is limited, and researchers will almost always be tracking down a compound phrase rather than the bare word. When encountered as a bare legal term, "out" generally signals one of two things: 1. Exclusion from a legal status or proceeding. A party described as "out" (especially "out of court") lacks standing, has been dismissed, or has no cognizable legal position before the tribunal. The phrase "out of court" encompasses both voluntary withdrawal (as when parties settle) and involuntary exclusion (as when a plaintiff's case fails on its face). 2. Exterior or beyond a boundary. In older property, admiralty, and jurisdictional texts, "out" describes physical or legal positions exterior to a defined boundary — outside the realm, outside a term of court, outside the scope of a grant.
Common Language
Modern common usage (Wiktionary): "From the inside to the outside of; out of." A directional preposition indicating movement or position exterior to a reference point. Historical common usage (Webster's 1913): "From the interior of something; beyond the limits or boundary of something; in a position or relation which is exterior to something — opposed to in or into." The gap between common and legal meaning here is not one of contradiction but of compression: in law, "out" almost never does significant work alone. The legal substance lives in the compound phrase. A researcher reading "out" in isolation in a historical legal document should immediately look for the phrase it anchors, not treat it as a free-standing operative term.
Common Confusion
"Out of court" is the most frequent source of confusion. In ordinary speech, resolving something "out of court" connotes a quiet, informal settlement. In legal usage, the phrase carries precise procedural consequences — it may mean the action is voluntarily dismissed, the parties have settled and released claims, or the court has determined a party lacks the status to proceed. These are distinct outcomes and not interchangeable. A historical source describing a party as "out of court" may mean any of these things; context is essential. "Out of term" (an older phrase appearing in common law sources) refers specifically to periods when the courts of Westminster did not formally sit. This has no modern counterpart in American practice and will be opaque without historical context.
Why It Matters in Research
Researchers in the Law Mind corpus will almost never be indexing "out" as a standalone entry. The practical research value lies in recognizing "out" as a signal term that introduces a compound phrase requiring its own lookup. Key navigational points: First, in historical common law sources, including Burrill, "out" frequently appears in jurisdictional and royal prerogative contexts — phrases like "out of the realm" or "out of the king's dominion" — that define territorial scope of writs, judgments, or crown authority. These uses are archaic and require translation into modern jurisdictional concepts. Second, Anderson's entry on "out of court" reflects a recurring procedural posture that appears across equity and common law records. When a bill or complaint is said to have been put "out of court," the researcher must determine whether this resulted from a dismissal on the merits, a jurisdictional ruling, or a party's own withdrawal — each generating different downstream consequences for claim preclusion and res judicata analysis. Third, the proliferation of "out" compounds in modern corporate and tax law ("freeze-out," "squeeze-out," "phase-out," "opt-out," "buyout") means that corpus searches on the bare term will return enormous and largely unusable result sets. Researchers should filter immediately to the specific compound phrase relevant to their question. Fourth, "opting out" has distinct legal meanings across class action procedure, consumer contract law, and regulatory compliance. The phrase is not self-defining, and its legal effect varies dramatically by context.
Historical Dictionary Support
Both historical sources treat "out" as a particle rather than a primary entry, reflecting the correct assessment that the legal work is done by compound phrases. Anderson's entry effectively redirects to "without" and to "out of court," treating the bare term as a gateway. The Anderson excerpt connects "out of court" to plaintiff standing — a party who demonstrates inability to maintain the suit is "out of court" — which maps onto the modern concept of a party lacking a viable cause of action or procedural standing to proceed. Burrill's excerpt, as reproduced, speaks to crown authority and territorial limits ("out of the king of England, as of his crown of England"), reflecting the older use of "out" in jurisdictional demarcation. This usage has no living American counterpart but is essential context for researchers working with prerevolutionary English sources, colonial charters, or early American decisions borrowing English crown-jurisdiction analysis. Neither source attempts a comprehensive definition, which is appropriate. Historical dictionaries that do provide extended entries on "out" are generally doing so to catalog the compound phrases, not to define the bare word.
Jurisdictional Note
"Out of court" settlement and dismissal carry different procedural consequences under federal and state rules. Under the Federal Rules of Civil Procedure, voluntary dismissal and stipulated dismissal have specific procedural requirements; a case described in historical state records as "out of court" may not map cleanly onto modern federal dismissal practice.
Encyclopedia Cross-Reference
The Law Mind Tax Encyclopedia: Phase-Outs and Limitations — Pease Limitation (tax_157) The Law Mind Business Organizations & Corporate Law Encyclopedia: Mergers and Acquisitions — Freeze-Out Mergers and Entire Fairness (business_93)
Related Terms
Out of court | Out of term | Opt-out | Freeze-out | Squeeze-out | Phase-out | Buyout | Dismissal | Standing | Without (see Anderson's cross-reference) | In court | Settlement | Withdrawal
OUTmain
Anderson's Dictionary of Law • 1890
See WITHOUT. Out of court. He who has no legal status in a court is said to be "out of court;" that is, he is not before the court: as, a particulars, embraces unenumerated particplaintiff who shows he is unable to maintain ulars of like nature only, unless a broader sense is obviously intended.2 A statute gave a lien to "mechanics, tradesmen, or others," for labor or material. Held, that "or others," following the enumeration of particular cases, was applicable only to persons in the same category.? See EJUSDEM. Other action pending. See PEND. Otherwise. Shall not stand in market with a "cart, wagon, sleigh, or otherwise" to vend merchandise, applies to the subject-matter and includes a box, bench, or stall.4 Take "by purchase or otherwise" is authority to take by devise. Others. In the expression "tenant and others" refers to persons who are not tenants. Compare ALIAS; ALITER; ALIUNDE; ALIUS; AUTRE.
OUTmain
Burrill's Law Dictionary • 1870
(267) (268) of the king of England, as of his crown of England. Id. ibid.
OUTadv.
Websters Unabridged Dictionary (1913) • 1913
In its original and strict sense, out means from the interior of something; beyond the limits or boundary of somethings; in a position or relation which is exterior to something; -- opposed to in or into. The something may be expressed after of, from, etc. (see Out of, below); or, if not expressed, it is implied; as, he is out; or, he is out of the house, office, business, etc.; he came out; or, he came out from the ship, meeting, sect, party, etc. Out is used in a variety of applications, as: -- Away; abroad; off; from home, or from a certain, or a usual, place; not in; not in a particular, or a usual, place; as, the proprietor is out, his team was taken out. "My shoulder blade is out." Shak. He hath been out (of the country) nine years. Shak. Beyond the limits of concealment, confinement, privacy, constraint, etc., actual of figurative; hence, not in concealment, constraint, etc., in, or into, a state of freedom, openness, disclosure, publicity, etc.; as, the sun shines out; he laughed out, to be out at the elbows; the secret has leaked out, or is out; the disease broke out on his face; the book is out. Leaves are out and perfect in a month. Bacon. She has not been out [in general society] very long. H. James. Beyond the limit of existence, continuance, or supply; to the end; completely; hence, in, or into, a condition of extinction, exhaustion, completion; as, the fuel, or the fire, has burned out. "Hear me out." Dryden. Deceitiful men shall not live out half their days. Ps. iv. 23. When the butt is out, we will drink water. Shak. Beyond possession, control, or occupation; hence, in, or into, a state of want, loss, or deprivation; -- used of office, business, property, knowledge, etc.; as, the Democrats went out and the Whigs came in; he put his money out at interest. "Land that is out at rack rent." Locke. "He was out fifty pounds." Bp. Fell. I have forgot my part, and I am out. Shak. Beyond the bounds of what is true, reasonable, correct, proper, common, etc.; in error or mistake; in a wrong or incorrect position or opinion; in a state of disagreement, opposition, etc.; in an inharmonious relation. "Lancelot and I are out." Shak. Wicked men are strangely out in the calculating of their own interest. South. Very seldom out, in these his guesses. Addison. Not in the position to score in playing a game; not in the state or turn of the play for counting or gaining scores. Improper; unusual; wrong. -- Out of the woods, not in a place, or state, of obscurity or doubt; free from difficulty or perils; safe. [Colloq.] -- Out to out, from one extreme limit to another, including the whole length, breadth, or thickness; -- applied to measurements. -- Out West, in or towards, the West; specifically, in some Western State or Territory. [U. S.] -- To come out, To cut out, To fall out, etc. See under Come, Cut, Fall, etc. -- To put out of the way, to kill; to destroy. -- Week in, week out. See Day in, day out (above).
OUTn.
Websters Unabridged Dictionary (1913) • 1913
One who, or that which, is out; especially, one who is out of office; -- generally in the plural. A place or space outside of something; a nook or corner; an angle projecting outward; an open space; -- chiefly used in the phrase ins and outs; as, the ins and outs of a question. See under In. A word or words omitted by the compositor in setting up copy; an omission. To make an out (Print.), to omit something, in setting or correcting type, which was in the copy.
OUTv.
Websters Unabridged Dictionary (1913) • 1913
To cause to be out; to eject; to expel. A king outed from his country. Selden. The French have been outed of their holds. Heylin. To come out with; to make known. [Obs.] Chaucer. To give out; to dispose of; to sell. [Obs.] Chaucer.
outprep
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.
From the inside to the outside of; out of.
outnoun
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.
A means of exit, escape, reprieve, etc. | A state in which a member of the batting team is removed from play due to the application of various rules of the game such as striking out, hitting a fly ball which is caught by the fielding team before bouncing, etc. | A dismissal; a state in which a member of the batting team finishes his turn at bat, due to the application of various rules of the game, such as the bowler knocking over the batsman's wicket with the ball. | A card which can make a hand a winner. | A trip out; an outing. | One who, or that which, is out; especially, one who is out of office. | A place or space outside of something; a nook or corner; an angle projecting outward; an open space. | A word or words omitted by the compositor in setting up copy; an omission. | An outtake. | A dram glass.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In