SPECIAL

9 definitions found across Law Mind sources

SPECIALAuthored
The Law Mind • 1183 words
Definition
As a standalone legal modifier, "special" means confined to a particular purpose, person, object, or class — as opposed to general, common, or ordinary. It signals limitation, particularity, or exception. In legal usage, the word almost never stands alone; it functions as a prefix that qualifies and restricts the noun it modifies. The term generates a large family of compound legal terms, each with its own technical meaning: 1. Special act / special statute: Legislation directed at a particular person, locality, or class rather than the public at large. Contrasted with a general or public act. 2. Special agent: An agent authorized to act for a principal in a specific transaction or limited category of transactions only. Distinguished from a general agent, who has broader authority. 3. Special appearance: Appearance in court for the limited purpose of contesting jurisdiction, without submitting to the court's general jurisdiction over the party. 4. Special damages: Damages that are particular to the plaintiff's actual loss and must be specifically pleaded and proved, as distinct from general damages presumed to flow from the wrong. 5. Special demurrer: A demurrer that identifies a specific defect in the pleading rather than challenging it in general terms. 6. Special verdict: A verdict in which the jury finds the facts and leaves the legal conclusion to the court, rather than returning a general verdict for one party. 7. Special deposit: A deposit of specific property to be kept separate and returned in kind, as distinguished from a general deposit that becomes the property of the depository. 8. Special session: A legislative or court session convened for a particular purpose beyond the ordinary term. 9. Special issue: An issue arising on a special plea, or (in modern civil practice) a specific question of fact submitted to the jury separately from the general verdict.
Common Language
Modern common usage (Wiktionary): Distinguished by a unique or unusual quality; of particular value; dear or beloved; appointed for a single event or issue. Historical common usage (Webster's 1913): Particular; peculiar; different from others; extraordinary; uncommon; appropriated to a specific use or purpose. The common and legal meanings share a core sense of particularity, but in law the word carries structural weight that ordinary usage does not. To call something "special" in a legal compound term is to define its scope of authority, application, or operation — and to exclude everything outside that scope. A special agent, for example, is not merely an especially important agent; the word "special" limits that agent's authority to a named transaction. Researchers should resist importing the ordinary connotation of "exceptional" or "superior" into legal compounds where the operative meaning is "limited."
Common Confusion
"Special" and "specific" are often used interchangeably in common speech but carry distinct technical meanings in law. "Special damages" and "specific performance," for instance, are not interchangeable concepts. Similarly, "special" is distinct from "particular" as a term of art: while both imply limitation, "particular" more often refers to individual instance, while "special" more often refers to defined class, purpose, or appointment. In historical sources, "special" and "particular" are sometimes used loosely as synonyms; modern usage is more precise.
Why It Matters in Research
The chief research challenge with "special" is that it is not a free-standing term but a modifier that changes meaning entirely depending on what it modifies. A researcher encountering the word must identify the full compound term and treat it as its own entry. The Law Mind corpus contains dozens of compound "special" terms, and conflating them — or looking up "special" alone — will not yield useful results. Several traps await historical corpus researchers: First, compound "special" terms do not share uniform doctrine across time. "Special bail," for example, was a significant procedural institution in early English common law practice but is largely obsolete today. Researchers encountering this term in 18th- or 19th-century sources should not assume current relevance. Second, the distinction between special acts and general acts has significant constitutional dimensions in many U.S. jurisdictions. Many state constitutions prohibit special legislation for certain subjects. The historical meaning of "special act" in Blackstone and early American sources may differ from the constitutional test applied in later state court decisions. Third, in pleading history, "special" functions as a technical term of art across multiple categories — special plea, special demurrer, special traverse, special replication — and these terms belong to a now-superseded system of common law pleading. A researcher reading 19th-century materials on these topics is working within a pleading architecture that modern procedure has largely replaced. Fourth, in evidence and damages, the word "special" operates within specific doctrinal frameworks. "Special damages" requires particular pleading under both historical and modern rules; the rule is technical and its failure has real procedural consequences.
Historical Dictionary Support
The historical dictionaries are in solid agreement on the core definition: Black's (both editions), Anderson's, and Bouvier all converge on the formulation that "special" means relating to a particular species, kind, class, or purpose, as opposed to general or common. Anderson's provides the most useful analytical note, explicitly directing the reader to compare PARTICULAR, SEPARATE, SOLE, and SPECIFIC — a useful reminder that these modifiers are not identical in legal usage. Black's 2nd edition begins to enumerate compound terms, listing "special act" and touching on the special jury in English practice, but the treatment is necessarily incomplete given the vast number of compounds the word generates. Neither Black's edition provides a systematic treatment of the full family of terms. Rapalje & Lawrence's fragmentary entry touches on "special issues" and "special instance and request," both of which are creatures of historical pleading practice. These are useful for 19th-century procedural research but require context to interpret correctly. Bouvier's entry is truncated in the available source material and does not add substantively beyond the core definition. The note on specie in the source material is a separate term (SPECIE) and should not be conflated with SPECIAL. What the historical dictionaries collectively miss is any systematic cross-referencing of the full compound term family, or guidance on which compounds survived into modern practice and which are obsolete. That gap is the primary reason researchers should treat each compound as a distinct entry rather than deriving meaning from the modifier alone.
Jurisdictional Note
The constitutional prohibition on special legislation varies significantly by state. Many U.S. state constitutions contain explicit provisions restricting or prohibiting special acts on enumerated subjects, and what qualifies as a "special" versus "general" law has generated substantial state court doctrine. Federal practice does not have an equivalent restriction. Researchers analyzing the validity of historical state statutes should check the applicable state constitution's special legislation clause.
Related Terms
General (contrast term) | Particular | Specific | Special Act | Special Agent | Special Appearance | Special Damages | Special Demurrer | Special Verdict | Special Session | Special Deposit | Special Bail | Special Plea | General Agent | General Damages | General Verdict | Private Act | Public Act | Limited Authority | Species
SPECIALmain
Black's Law Dictionary • 1891
Relating to or designating a species, kind, or sort; designed for a particu- lar purpose; confined to a particular purpose, object, person, or class. The opposite of "general."
SPECIALmain
Black's Law Dictionary (2nd Ed.) • 1910
Relating to or designating a species, kind, or sort; designed for a particr:- lar purpose; confined to a particular pur pose, object, person, or class. of “general.” —Special act. A private statute; an’ act which operates only upon particular persons or rivate concerns. 1 Bl. Comm. 86; Unity v. urrage, 103 U. 8S. 404, 26 L. Ed. 405.—Specrag In English practice. When a trial at ntsi eo to the judge to turn on a point o laws t jury may find a general verdict, subject to the opinion of the court above, upon what is termed a “special case’’ to be made; that is, upon a written statement of all the facts of the case drawn up for the opinion of the court in banc, by the counsel and attorneys on-either side, under correction of the judge at mist prius. The party for whom the genera] verdict is so given is in such case not entitled to judgment till the court in banc has decided on the special case; and, according to the result of that decision. the verdict is ultimately entered either for him or his adversary, Brown.—Special claim. In English law. <A claim uct enumerated in the orders of April 22, 1850, which required the leave of the court of chancery to file it. Such claims are abolished. —Special commission. In English law. An extraordinary commission of oyer and terminer and gaol delivery, issued by the crown to the judges when it is necessary that offenses should be immediately tried and punished. Wharton. pecial errors. Special pleas in error are such as, instead of joining in error, allege some extraneous matter as a ground of defeating the writ of error, 6. g., a release of errors, expiration of the time within which error night be brought, or the like. To these, the plaintiff in etror may either reply or demur.—Special matter. Under a plea of the general issue, the defendant is allowed to give special matter in evidence, usually after notice to the plaintiff of the nature of such matter, thus sparing him the necessity of pleading it specially. 3 BI. Comm. 306.—Special paper. A list kept in the English courts of common law, and now in the king’s bench, common pleas, and exchequer divisions of the high court, in which list demurrers, special cases, etc., to be argued are set down. It is distinguished from the new trial paper, peremptory paper, crown paper, revenue paper, etc., according to the practice of the particular division. Wharton.. As to special “Acceptance,” “Administration,” “Agent,” “Allocatur,” “Allowances,” “Assessment,” “Assumpsit,” “Bail,” “Bailiff,” “Bastard,” “Benefit,” “Calendar,” “Charge,” “Constable,” “Contract,” “Count,” “Covenant,” ‘“Custom,” “Damage,” “Demurrer,” “Deposit,” “Deputy,” “Election,” “Examiner,” “Executor,” “Finding,” “Guaranty,” “Guardian,” “Impariance,” “Indorsement,” “Indorsement of Writ,” “Injunction,” “Ine surance,” “Issue,” “Jurisdiction,” “Jury,” “Law,” “Legacy,” “Letter of Credit,” “License,” “Lien,” “Limitation,” “Malice,” “Master,” “Meeting,” “Mortgage,” “Motion.” “Non Hst Factum,” “Occupant,” “Owner.” “Partner,” “Partnership,” “Plea,” ‘Pleader,” “Pleading,” “Power,” “Privilege,” ‘“Proceeding,” “Property.” “Request.” ‘Replication,” “Restraint of Trade,” “Retainer,” “Rule,” “Service,” “Sessions,” “Statute,” “Stock,” “Tnil,” “Term,” “Terms,” “Traverse,” “Trust,” “Verdict,” and “Warranty,” those titles. The opposite Specialia generalibus derogant. Special words derogate from general words. A see
SPECIALmain
Rapalje & Lawrence • 1883
(1206) troduced to support a demurrer. See 1 hands; the appointment of such a bailiff relieves Dan. Ch. Pr. (5 edit.) 538. See, also, DEMURRER, 27. SPEAKING DEMURRER, (defined). 4 Paige (Ν. Υ.) 374. (1207) (1208) SPECIAL INSTANCE AND REQUEST, AT THEIR, member of a limited partnership, who fur- (in a declaration). 2 H. Bl. 320. SPECIAL ISSUES.-The issues produced upon special pleas, as being usually more specific and particular than those of not guilty, never indebted, &c., are sometimes described in the books as special issues by way of distinction from the others, which are called "general issues," the latter term being also applied not only to the issues themselves, but to the pleas which tendered and produced them. (Steph. Pl. (5 edit.) 109; Co. Litt. 126a; Heath Max. 53; Com. Dig. "Pleader" (R. 2).)-Brown. (1209) viz., a former acquittal, a former conviction, a former attainder, or a pardon. See the various titles.
SPECIALa.
Websters Unabridged Dictionary (1913) • 1913
Of or pertaining to a species; constituting a species or sort. A special is called by the schools a "species". I. Watts. Particular; peculiar; different from others; extraordinary; uncommon. Our Savior is represented everywhere in Scripture as the special patron of the poor and the afficted. Atterbury. To this special evil an improvement of style would apply a special redress. De Quincey. Appropriate; designed for a particular purpose, occasion, or person; as, a special act of Parliament or of Congress; a special sermon. Limited in range; confined to a definite field of action, investigation, or discussion; as, a special dictionary of commercial terms; a special branch of study. Chief in excellence. [Obs.] The king hath drawn The special head of all the land together. Shak. Special administration (Law), an administration limited to certain specified effects or acts, or one granted during a particular time or the existence of a special cause, as during a controversy respecting the probate of a will, or the right of administration, etc. -- Special agency, an agency confined to some particular matter. -- Special bail, Bail above, or Bail to the action (Law), sureties who undertake that, if the defendant is convicted, he shall satisfy the plaintiff, or surrender himself into custody. Tomlins. Wharton (Law Dict.). -- Special constable. See under Constable. Bouvier. -- Special damage (Law), a damage resulting from the act complained of, as a natural, but not the necessary, consequence of it. -- Special demurrer (Law), a demurrer for some defect of form in the opposite party pleading, in which the cause of demurrer is particularly stated. -- Special deposit, a deposit made of a specific thing to be kept distinct from others. -- Special homology. (Biol.) See under Homology. -- Special injuction (Law), an injuction granted on special grounds, arising of the circumstances of the case. Daniell. -- Special issue (Law), an issue produced upon a special plea. Stephen. -- Special jury (Law), a jury consisting of persons of some particular calling, station, or qualification, which is called upon motion of either party when the cause is supposed to require it; a struck jury. -- Special orders (Mil.), orders which do not concern, and are not published to, the whole command, such as those relating to the movement of a particular corps, a detail, a temporary camp, etc. -- Special partner, a limited partner; a partner with a limited or restricted responsibility; -- unknown at common law. -- Special partnership, a limited or particular partnership; -- a term sometimes applied to a partnership in a particular business, operation, or adventure. -- Special plea in bar (Law), a plea setting forth particular and new matter, distinguished from the general issue. Bouvier. -- Special pleader (Law), originally, a counsel who devoted himself to drawing special counts and pleas; in a wider sense, a lawyer who draws pleadings. -- Special pleading (Law), the allegation of special or new matter, as distingiushed from a direct denial of matter previously alleged on the side. Bouvier. The popular denomination of the whole science of pleading. Stephen. The phrase is sometimes popularly applied to the specious, but unsound, argumentation of one whose aim is victory, and not truth. Burrill. -- Special property (Law), a qualified or limited ownership possession, as in wild animals, things found or bailed. -- Special session, an extraordinary session; a session at an unusual time or for an unusual purpose; as, a special session of Congress or of a legislature. -- Special statute, or Special law, an act of the legislature which has reference to a particular person, place, or interest; -- in distinction from a general law. -- Special verdict (Law), a special finding of the facts of the case, leaving to the court the application of the law to them. Wharton (Law Dict.).
SPECIALn.
Websters Unabridged Dictionary (1913) • 1913
A particular. [Obs.] Hammond. One appointed for a special service or occasion. In special, specially; in particular. Chaucer.
specialadj
Wiktionary (English) • 2026
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Distinguished by a unique, particular, or unusual quality. | Of particular value or interest; dear; beloved. | Of or related to unconventional warfare. | Appointed specifically to examine a single event or issue. | Constituting or relating to a species. | Of or related to disabilities, especially learning or intellectual disabilities. | Of or related to disabilities, especially learning or intellectual disabilities. | Stupid, lacking intelligence. | Of, being, or pertaining to sexual intercourse or the genitals. | Infused with a drug, especially marijuana; being an edible.
specialnoun
Wiktionary (English) • 2026
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A reduction in consumer cost (usually for a limited time) for items or services rendered; the thing thus sold. | A meal offered only at a certain time by a restaurant, not as a standing fixture of the menu; often, one of a rotation of meals systematically offered for a lower price; also often a dish at a nondiscounted price that is seasonal or otherwise exciting or unusual. | Unusual or exceptional episode of a series. | A special constable. | Anything that is not according to normal practice, plan, or schedule, as an unscheduled run of transportation that is normally scheduled. | Any unlicensed medicine produced or obtained for a specific individual patient. | An award, typically a free game, that is made available to the player upon reaching or completing a major objective in a pinball game. | A journalist sent to the scene of an event to report back. | A dispatch sent back by a special correspondent. | A light that illuminates a specific person or thing on the stage. | One of certain mixed-breed dogs. | A racehorse predicted to win; a sure thing.
specialverb
Wiktionary (English) • 2026
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To supervise a patient one-on-one.

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