RAISE - The Law Mind Legal Dictionary

RAISEAuthored

The Law Mind • 1150 words

Definition

In law, "raise" carries several distinct technical meanings depending on context. The unifying thread across all uses is the idea of bringing something into legal existence, giving occasion for an inference, or collecting funds through legal authority.

To create or constitute (property law). To raise a legal interest — most commonly a use — is to call it into existence through a conveyance, instrument, or operation of law. A use is said to be "raised" when a deed or other instrument creates the equitable interest rather than merely transferring one already in existence.

To infer or give occasion for (evidence and procedure). To raise a presumption is to produce facts or circumstances sufficient to justify a legal inference — that is, to create the evidentiary foundation upon which a court may presume a further fact. The silence of a party in circumstances where a response would ordinarily be expected, for example, may raise a presumption against that party.

To collect or levy (revenue and taxation). To raise revenue or raise money is to collect it through lawful authority, typically taxation. The term does not inherently mean to increase the amount collected. Authority to raise money for a specific purpose — such as prosecuting litigation — has been read narrowly to authorize only the designated method (e.g., taxation, not borrowing) unless broader power is expressly granted.

To assert or introduce (pleading and argument). A party "raises" a defense, objection, issue, or argument by placing it before the court. A claim not raised in the trial court is generally held not to be properly before an appellate court.

Common Language

Modern common usage (Wiktionary): To cause to rise; to lift or elevate; to build up or erect; to bring to the surface; to cause something to increase.

Historical common usage (Webster's 1913): To cause to rise; to bring from a lower to a higher place; to lift upward; to elevate; to bring to a higher condition, rank, or value; to promote; to enhance.

The ordinary meanings cluster around physical elevation or improvement. Legal usage diverges sharply in two directions: "raise" can mean to create something with no prior physical existence (a use, a presumption) or, conversely, to assert something already existing by placing it before a tribunal. Neither sense involves literal elevation. Researchers encountering "raise" in historical instruments must resist the common-language instinct and ask what legal operation the term is performing in context.

Common Confusion

"Raise a use" is occasionally confused with "execute a use" or "declare a use." Raising a use refers to the initial creation of the equitable interest, typically through a deed to uses or a covenant to stand seized. Executing a use — accomplished by operation of the Statute of Uses — converts that equitable interest into a legal estate. The two operations are sequential, not synonymous. Historical sources sometimes compress the distinction.

"Raise revenue" has been judicially distinguished from "increase revenue." Courts have held that authority to raise revenue means authority to collect it by lawful means at the existing rate, not to enlarge the rate or the base. Researchers reading legislative grants of taxing authority in historical materials should not assume "raise" implies any upward adjustment.

Why It Matters in Research

The multi-functionality of "raise" makes it one of the more context-sensitive verbs in the Law Mind corpus. Its meaning shifts depending entirely on the noun it governs, and historical sources treat it without disambiguation because contemporaneous readers were expected to know from context which operation was intended.

In property and equity materials, "raise a use" appears frequently in conveyancing texts and deed forms from the sixteenth through nineteenth centuries. Researchers working in this area should cross-reference discussions of the Statute of Uses and the mechanics of springing and shifting uses, where the distinction between raising and executing a use is operationally critical.

In evidence and procedural materials, "raise a presumption" is used both loosely and technically. Older sources use it to mean almost any inference-supporting fact; later materials distinguish between conclusive presumptions, rebuttable presumptions, and mere inferences. The verb "raise" does not itself signal which category applies — the weight and rebuttability of the presumption raised must be determined from the surrounding legal framework.

In taxation and public finance materials, the narrow reading of "raise" as collect rather than increase appears in nineteenth-century American case law interpreting legislative and municipal charters. Researchers reading grant instruments from that period should flag the term for this potential limitation.

In appellate procedure, the concept of "raising" an issue is tied directly to preservation doctrine. Whether an argument was properly raised below is a threshold question in nearly every appeal. Historical materials use the verb without always specifying the procedural vehicle (objection, plea, motion) through which the raising occurred — a gap that can matter for understanding preservation rules.

Historical Dictionary Support

The historical dictionaries converge cleanly on "to create or constitute" as the primary legal meaning, with Burrill and Black offering the clearest formulations. Burrill anchors the definition firmly in property law: "to raise a use is to create it," citing Stephens and Crabb on real property. Black's first and second editions follow essentially the same line, adding the secondary meaning of inferring or bringing to light by construction.

Bouvier extends the term usefully into two additional directions. First, citing Indiana authority, he notes that a child reaching majority is said to have been "raised" — a usage that is biographical rather than transactional and appears nowhere else in the corpus. Second, he records the "raise revenue" distinction (citing Alabama authority for the collect-not-increase reading) and the narrowing construction applied to authority to raise money for litigation (citing New York authority). These Bouvier entries are the most practically detailed of the lot.

Anderson's entry on railroads reproduced in the source material does not bear on "raise" as a legal term and appears to reflect a misfiled source segment.

What the historical dictionaries do not address: the procedural sense of "raising" an issue or argument, which by the late nineteenth century was already appearing in appellate opinions but had not yet attracted separate dictionary treatment. Researchers encountering "raise" in procedural contexts will find the historical dictionaries of limited assistance.

Jurisdictional Note

The property-law usage (raise a use) is rooted in English equity and conveyancing doctrine and carries directly into American jurisdictions that followed the common law tradition. The "raise revenue" limitation has been applied in American state court decisions interpreting municipal and legislative charters; it is not a universal federal rule, and researchers should check the governing instrument and jurisdiction before relying on the narrow construction.

RAISEmain

Black's Law Dictionary • 1891

railway and canal traffic act, 1854, by com- pelling railway and canal companies to give reasonable facilities for traffic, to abstain from giving unreasonable preference to any company or person, and to forward through traffic at through rates. They also have the supervision of working agreements between companies. Sweet.

RAISEmain

Black's Law Dictionary • 1891

To create. A use may be raised; 1. c., a use may be created. Also to infer; to create or bring to light by construc- tion or interpretation. To give

RAISEmain

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

To create. A use may be ruaised; 4. e., a use may be created. Also to infer; to create or bring to light by construction or interpretation. —Raise a presumption. To give occasion or ground for a’ presumption; to be of such a character, or to be attended with such circumstances, as to justify an inference or presumption of aw. Thus, a person’s silence, in some instances, will “raise a presumption” of his consent to what is done.—Raise an issue. To bring pleae nes to an issue; to have the effect of proucing an issue between the parties pleading in an action.—Raise revenue. To levy a tax, as ® means of collecting revenue; to bring together, collect, or levy revenue. The phrase does not imply an increase of revenue. Perry County v. Selma, etc., R. Co., 58 Ala. 557.—Raisa promise. By this phrase is meant the act of the law in extracting from the facts and circumstances of a particular transaction a promise which was implicit therein, and postulating it as a ground of legal liability —Raising a use. Creating, establishing, or callin into existence a use. ‘Thus, if a man conveye land to another in fee, without any consideration, equity would presume that he meant it to ‘be to the use of himself, and would therefore raise an implied use for his benefit. Brown.— Raising an action, in Scotland, is the institution of an action or suit.—Raising money. To raise money is to realize money by subscription, loan, or otherwise. New York & IR. Cement Co. v. Davis, 173 N. Y. 235, 66 N. E. 9; New London Literary Inst. v. Prescott, 40 N. H. 333.—Raising portions. When a landed estate is settled on an eldest son, it is generally burdened with the payment of specific sums of money in favor of his brothers and sisters. A direction to this effect is called a direction for “raising portions for younger children ;” and, for this purpose, it is usual to demise ur lease the estate tu trustees for a term of years, upon trust to raise the required portions by a oo or mortgage of the same. Mozley & Whitley.

RAISEv.

Websters Unabridged Dictionary (1913) • 1913

To cause to rise; to bring from a lower to a higher place; to lift upward; to elevate; to heave; as, to raise a stone or weight. Hence, figuratively: -- To bring to a higher condition or situation; to elevate in rank, dignity, and the like; to increase the value or estimation of; to promote; to exalt; to advance; to enhance; as, to raise from a low estate; to raise to office; to raise the price, and the like. This gentleman came to be raised to great titles. Clarendon. The plate pieces of eight were raised three pence in the piece. Sir W. Temple. To increase the strength, vigor, or vehemence of; to excite; to intensify; to invigorate; to heighten; as, to raise the pulse; to raise the voice; to raise the spirits or the courage; to raise the heat of a furnace. To elevate in degree according to some scale; as, to raise the pitch of the voice; to raise the temperature of a room. To cause to rise up, or assume an erect position or posture; to set up; to make upright; as, to raise a mast or flagstaff. Hence: -- To cause to spring up from recumbent position, from a state of quiet, or the like; to awaken; to arouse. They shall not awake, nor be raised out of their sleep. Job xiv. 12. To rouse to action; to stir up; to incite to tumult, struggle, or war; to excite. He commandeth, and raiseth the stormy wind. Ps. cvii. 25. Æneas . . . employs his pains, In parts remote, to raise the Tuscan swains. Dryden. To bring up from the lower world; to call up, as a spirit from the world of spirits; to recall from death; to give life to. Why should it be thought a thing incredible with you, that God should raise the dead Acts xxvi. 8. To cause to arise, grow up, or come into being or to appear; to give to; to originate, produce, cause, effect, or the like. Hence, specifically: -- To form by the accumulation of materials or constituent parts; to build up; to erect; as, to raise a lofty structure, a wall, a heap of stones. I will raise forts against thee. Isa. xxxix. 3. To bring together; to collect; to levy; to get together or obtain for use or service; as, to raise money, troops, and the like. "To raise up a rent." Chaucer. To cause to grow; to procure to be produced, bred, or propagated; to grow; as, to raise corn, barley, hops, etc.; toraise cattle. "He raised sheep." "He raised wheat where none grew before." Johnson's Dict. To bring into being; to produce; to cause to arise, come forth, or appear; -- often with up. I will raise them up a prophet from among their brethren, like unto thee. Deut. xviii. 18. God vouchsafes to raise another world From him [Noah], and all his anger to forget. Milton. To give rise to; to set agoing; to occasion; to start; to originate; as, to raise a smile or a blush. Thou shalt not raise a false report. Ex. xxiii. 1. To give vent or utterance to; to utter; to strike up. Soon as the prince appears, they raise a cry. Dryden. To bring to notice; to submit for consideration; as, to raise a point of order; to raise an objection. To cause to rise, as by the effect of leaven; to make light and spongy, as bread. Miss Liddy can dance a jig, and raise paste. Spectator. To cause (the land or any other object) to seem higher by drawing nearer to it; as, to raise Sandy Hook light. To let go; as in the command, Raise tacks and sheets, i. e., Let go tacks and sheets. To create or constitute; as, to raise a use that is, to create it. Burrill. To raise a blockade (Mil.), to remove or break up a blockade, either by withdrawing the ships or forces employed in enforcing it, or by driving them away or dispersing them.  -- To raise a check, note, bill of exchange, etc., to increase fraudulently its nominal value by changing the writing, figures, or printing in which the sum payable is specified.  -- To raise a siege, to relinquish an attempt to take a place by besieging it, or to cause the attempt to be relinquished.  -- To raise steam, to produce steam of a required pressure.  -- To raise the wind, to procure ready money by some temporary expedient. [Colloq.] -- To raise Cain, or To raise the devil, to cause a great disturbance; to make great trouble. [Slang]

raiseverb

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.

To cause to rise; to lift or elevate. | To cause to rise; to lift or elevate. | To form by the accumulation of materials or constituent parts; to build up; to erect. | To cause to rise; to lift or elevate. | To cause something to come to the surface of water. | To cause to rise; to lift or elevate. | To cause (the land or any other object) to seem higher by drawing nearer to it. | To cause to rise; to lift or elevate. | To make (bread, etc.) light, as by yeast or leaven. | To cause to rise; to lift or elevate. | To cause (a dead person) to live again; to resurrect. | To cause to rise; to lift or elevate. | To remove or break up (a blockade), either by withdrawing the ships or forces employed in enforcing it, or by driving them away or dispersing them. | To cause to rise; to lift or elevate. | To relinquish (a siege), or cause this to be done. | To cause to rise; to lift or elevate. | To emboss (sheet metal), or to form it into cup-shaped or hollow articles, by hammering, stamping, or spinning. | To create, increase or develop. | To create, increase or develop. | To collect or amass. | To create, increase or develop. | To call up the forces of, to raise the troops from. | To create, increase or develop. | To bring up; to grow. | To create, increase or develop. | To promote. | To create, increase or develop. | To mention (a question, issue) for discussion. | To create, increase or develop. | To create; to constitute (a use, or a beneficial interest in property). | To create, increase or develop. | To bring into being; to produce; to cause to arise, come forth, or appear. | To establish contact with (e.g., by telephone or radio). | To respond to a bet by increasing the amount required to continue in the hand. | To exponentiate, to involute. | To extract (a subject or other verb argument) out of an inner clause. | To produce a vowel with the tongue positioned closer to the roof of the mouth. | To increase the nominal value of (a cheque, money order, etc.) by fraudulently changing the writing or printing in which the sum payable is specified. | To instantiate and transmit (an exception, by throwing it, or an event). | To open, initiate. | Misspelling of raze.

raisenoun

Wiktionary (English) • 2026

Ellipsis of pay raise (“an increase in wages or salary”). | A shot in which the delivered stone bumps another stone forward. | A bet that increases the previous bet. | A shaft or a winze that is dug from below, for purposes such as ventilation, local extraction of ore, or exploration. | A shoulder exercise in which the arms are elevated against resistance.

raisenoun

Wiktionary (English) • 2026

A cairn or pile of stones.

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