STATE

9 definitions found across Law Mind sources

STATEAuthored
The Law Mind • 1335 words
Definition
"State" carries three distinct legal meanings that operate at different levels of legal analysis and must be kept separate in research. 1. A sovereign political community. In public and international law, a state is a self-governing body of persons occupying a defined territory, organized under a government, and operating free from the control of any outside authority. This is the state of international relations — the nation-state of diplomacy, treaties, and the law of nations. 2. A member unit of a federal union. In American constitutional and administrative law, "state" ordinarily refers to one of the fifty constituent units of the United States — a political body possessing reserved sovereign powers under the federal structure, distinct from the national government. When courts speak of state action, state law, or state courts, this is the operative meaning. 3. The government itself, or the sovereign as litigant. In criminal proceedings and many civil contexts, "the State" means the government acting in its prosecutorial or sovereign capacity — the party styled "State v. Defendant" in criminal informations and indictments. In this usage, the state is not a territory or population but an institutional actor with legal standing and sovereign immunity. A fourth, older usage — inherited from English law — treated "state" as roughly synonymous with "estate," denoting the condition, rank, or standing of a person or thing. This sense survives in legal phrases and historical documents but is obsolete as a primary legal definition.
Common Language
Modern common usage (Wiktionary): A current governing polity, country, city-state, or community. Historical common usage (Webster's 1913): The circumstances or condition of a being or thing at any given time; also, rank, condition, or quality. The gap matters in two directions. First, ordinary modern usage conflates "state" with "nation" or "country," which can mislead a researcher reading international law sources where the distinction between a recognized sovereign state and a mere administrative unit carries precise legal weight. Second, Webster's 1913 preserves the older sense of "state" as condition or circumstance — a meaning that surfaces constantly in historical legal instruments, wills, and pleadings ("state of the case," "state of the title") but has no connection to political sovereignty.
Common Confusion
Three pairings generate consistent confusion: State vs. Nation. In international law, these are not synonyms. A nation describes a people with common characteristics; a state describes the legal entity possessing sovereignty. One nation may lack statehood (as with stateless peoples); one state may contain multiple nations. Historical legal dictionary sources sometimes use the terms interchangeably, which can distort analysis of pre-twentieth-century international law materials. State vs. Government. Burrill flags this directly: "state" is frequently used when "government" is technically meant. The state, properly understood, is the permanent political community; the government is the particular set of institutions exercising power at a given time. The state outlasts governments. This distinction matters for sovereign immunity doctrine, succession questions, and treaty continuity. State (member unit) vs. State (sovereign). American lawyers habitually use "state" to mean a constituent state of the Union, but in international law the United States federal government — not the individual states — is the state. The fifty states are not states in the international law sense; they lack full sovereign independence. Researchers moving between domestic federalism materials and international law sources must track which meaning is operative.
Core Elements
For definition 1 (sovereign state in international law), classical doctrine requires four elements, often traced to the 1933 Montevideo Convention on the Rights and Duties of States: - A permanent population - A defined territory - An effective government - Capacity to enter into relations with other states These elements are descriptive criteria, not a rigid legal test applied in domestic courts, but they frame how historical and contemporary international law sources evaluate statehood claims.
Recognized Forms
/SUBTYPES State action doctrine. The constitutional principle that certain constitutional protections (particularly Fourteenth Amendment guarantees) apply only against governmental actors, not private parties. Determining what constitutes "state action" is a distinct area of constitutional litigation. Sister state. In American conflict-of-laws usage, another constituent state of the Union. Sister-state judgments carry full faith and credit obligations under Article IV of the Constitution. State of nature. A jurisprudential and political philosophy term for the pre-political condition of human beings, foundational to social contract theory. Appears in historical constitutional commentary but is not a legal operative term.
Why It Matters in Research
The multiplicity of meanings creates serious indexing and search problems in the Law Mind corpus. Historical materials — especially pre-twentieth-century treatises, pleadings, and international law sources — do not consistently signal which sense of "state" is operative. A passage in an early American treatise discussing "the rights of states" may be addressing federalism, sovereignty under the law of nations, or both simultaneously, since early American jurists treated these frameworks as continuous. In criminal case research, the term functions as a party name. Search strategies that do not account for "State" as a case caption element will retrieve large volumes of noise. Conversely, filtering out criminal captions may suppress relevant sovereign immunity or state-action materials. The historical shift in American usage is significant: before the Civil War, "the states" were often discussed as quasi-sovereign entities with attributes approaching international statehood. Post-Reconstruction materials progressively subordinate this understanding to federal supremacy. Researchers tracing doctrinal evolution in federalism, nullification, or state sovereign immunity must account for this discontinuity in how the word itself was understood. In English legal history, "state" also intersected with "estate of the realm" — a usage that bleeds into historical probate, property, and parliamentary materials. Burrill notes this directly, flagging the Old English "estate" equivalence. Researchers in pre-modern English sources should not assume a political meaning when a property or status meaning may be operative.
Historical Dictionary Support
Burrill offers the most analytically useful historical entry, distinguishing among the Latin roots (status for condition; respublica for the political body), quoting Kent's Commentaries for the self-sufficient community definition, and flagging the ordinary-language slippage toward "government." The Kent formulation — "a complete or self-sufficient body of persons, united together in one community for the defence of their rights, and to do right to foreigners" — is characteristically eighteenth-century in its natural-law framing and reflects the international law baseline rather than the federal-union sense. Rapalje & Lawrence provides the working definition most useful for researchers: "A collection of persons occupying a certain territory, and having a legislative and executive organization free from the control of any other human authority." This maps cleanly onto the international law criterion of independence and remains the foundational description in public law. Anderson and Black's do not return substantive entries on "state" in the retrieved excerpts, though the Black's fragment referencing "starr" and Hebrew covenant instruments illustrates the indexing adjacency problem — historical dictionaries organized alphabetically group conceptually unrelated terms, and entries for "state" in context may be physically proximate to entries with no relevance to sovereignty or political organization. None of the historical sources adequately addresses the state-action doctrine, the full faith and credit implications of sister-state judgments, or the post-New Deal expansion of federal power that reshaped what "state" means in American constitutional litigation. These are twentieth-century developments that postdate the historical dictionary shelf.
Jurisdictional Note
Within American law, "state" always means a constituent state of the Union unless context clearly indicates otherwise. International law materials use "state" in the full sovereignty sense, in which the United States as a whole — not its constituent parts — is the relevant actor. Researchers working in admiralty, treaty law, or foreign sovereign immunity must be alert to which framework governs.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Sovereignty; Federalism and the Federal-State Structure; State Action Doctrine; Sovereign Immunity.
Related Terms
Sovereignty — Nation — Government — Body politic — State action — Sovereign immunity — Full faith and credit — Federalism — Citizenship — Domicile — Political community — Respublica — Commonwealth — Jurisdiction — Constituent state
STATEmain
Black's Law Dictionary (2nd Ed.) • 1910
STARR, or STARRA. The old term for contract or obligation among the Jews, being a corruption from the Hebrew word “shetar,” a covenant. By an ordinance of Richard J., no starr was allowed to be valid, unless deposited in one of certain repositories established by law, the most considerable of which was in the king's exchequer at Westminster; and Blackstone conjectures that the room in which these chests were kept was thence called the “starr-chamber.” 4 Bi. Comm. 266, 267, note a. Stat pro ratione voluntas. The will stands in place of a reason. Sears v. Shafer, 1 Barb. (N. Y.) 408, 411; Farmers’ Loan & Trust Co. v. Hunt, 16 Barb. (N. Y.) 514, 525. Stat pro ratione voluntas populi. The will of the people stands in place of a reason. People v. Draper, 25 Barb. (N. Y.) 344, 376. STATE, v. To express the particulars of a thing in writing or in words; to set down or set forth in detail. To set down in gross; to mention in general terms, or by way of reference; to refer. Utica v. Richardson, 6 Hill (N. ¥.) 300. STATE, n. A body politic, or society of men, united together fer the purpose of promoting their mutual safety and advantage, by the joint efforts of their combined strength. Cooley, Const. Lim. 1. One of the component commonwealths or states of the United States of America. The people of a state, in their collective capacity, considered as the party wronged by a criminal deed; the public; as in the title of a cause, “The State vs. A. B.” The section of territory occupied by one of the United States. —Foreign state. A foreign country or nation. "The several United States are considered ‘“‘foreign” to each other except as regards their relations as common members of the Union.— See EvIDENCE.—State officers. Those whose duties concern the state ‘at large or the general public, or who are authorized to exercise their official functions throughout the entire state, without limitation to any political subdivision of the state. In another sense, officers belonging to or exercising authority under one of the states of the Union. as distinguished from the officers of the United States. See In re Police Com’rs. 22 R. I. 654. 49 Atl. 36; State v. Burns, 38 Fla. 378, 21 South. 290: People v. Nixon, 158 N. Y. 221, 52 N. E. 1117.—State paper. A document prepared by, or relating to, the political department of the government of a state or nation, and concerning or affecting the administration of its spovcroment or its political or international reations. Also, a newspaper, designated by public authority, as the organ for the publication of public statutes, resolutions, notices, and advertisements.—State tax. <A tax the proceeds of which are to be devoted to the expenses of the state, as distinguished from taxation for local or municipal purposes. See Youngblood v. Sexton, 32 Mich. 413, 20 Am. Rep. 654; State v. Auditor of State, 15 Ohio St. 482.—State trial. A trial for a political offense.—State Trials. <A work in thirty-three volumes octavo, containing all English trials for offenses against
STATEmain
Rapalje & Lawrence • 1883
(1215) commissioners are also empowered to stamp any instrument, without payment of a penalty, within twelve months after its execution. Under this provision, the practice of the commissioners is to stamp simple agreements, &c., within a fortnight, and deeds and instruments bearing an ad valorem duty within two months after execution, without penalty, as a matter of course. ? 10. Where a document unstamped or insufficiently stamped is produced in a judicial proceeding, it may be received in evidence on payment to the officer of the court of the unpaid duty, the penalty, and a further sum of £1. Stamp Act, 1870, 22 15, 16. STANCE.-In the Scotch law, a resting place; a field or place adjoining a droveroad, for resting and refreshing sheep and cattle on their journey. 7 Bell Ap. Cas. 53-58. STAND COMMITTED, (in order of court). 103 STAND, KEEPING A, (what is not). 8 East Mass. 57. 336. STAND SECURITY FOR THE PAYMENT, (indorsed by the obligee upon a bond). 16 Serg. & R. (Pa.) 79. STAND SEIZED, (covenant to). 12 Mass. 96; 2 Hill (N. Y.) 659; Burr. 1445; 1 Chit. Gen. Pr. 324. (1216) of a State, such as the separate organizaforeign State may have property within tions which collectively make up the the jurisdiction of the American courts. United States of America, or to governments, such as those of Monaco, San Marino and Andorra, which are under the protection or control of other States; hence a "State," in the ordinary and proper sense of the word, is described as an independent or sovereign State. As to the criteria of a State, see 2 Fish. Dig. 4093 et seq. This rule is subject to two apparent excерtions: (1) that if proceedings are taken by ⚫ A. against B. in the American courts in respect of property in which a foreign State claims or is believed to have an interest, it may be made a party to those proceedings as defendant to enable it to come forward and sustain its claim; here, however, it is obvious that the foreign 2. Every State consists of two parts, State, though in form a defendant, is really the sovereign part and the subject part. a plaintiff; (2) that if a foreign State takes In its external relations or dealings with proceedings in an American court against other States the sovereign part, or a branch a private individual, the defendant can inof it, represents the State. The relations stitute a cross-action or set up a set-off or counter-claim against the plaintiff as if the foreign State were a private person. 4. "State" - "Estate." - "State," in the old books, sometimes stands for "estate." Co. Litt. 206 b. STATE, (what constitutes). 2 Car. & P. 223. (Cherokee nation of Indians is not). 5 Pet. (U. S.) 21. (in United States constitution). 7 Wall. (U. S.) 700; R. M. Charlt. (Ga.) 374. (in act for the government of seamen in the merchant service). Deady (U. S.) 118. (in statute prohibiting lotteries). 4 between independent States are governed by what is called "international law" (q.v.) In its internal relations, that part of the sovereign government of a State which is entrusted with the executive power enforces the law dealing with the relations between it and the subject members of the State. It is, therefore, considered as representing the whole State, and hence the term "State" is frequently used in the sense of "executive power in a State," as when we say that the public law deals (among other things) with the relations between the State and the private members of the community. (See LAW, 86.) As the State has the power of enforcing the law, it cannot be subject to legal duties, for otherwise it would have to enforce the law against itself. As to the subject of States generally, see Austin's and Holland's works! on Jurisprudence, passim. See ACT OF is to submit to the master a scheme, called a STATE; PETITION OF RIGHT. 23. Claims against foreign States. - It has been already mentioned that the relations between independent States are governed by international law, the nature of which is explained under that title. As one State cannot enforce a claim against another by legal procedure, it follows that no member of any State can enforce a claim against another State by legal proceedings in any court of justice external to the latter State. Therefore, if a foreign State borrows money from an American citizen, or commits what in the case of a private individual would be a tort against an American citizen, no proceedings can be taken in the American courts to enforce the claim thus arising, even although the ! Conn. 445. STATE, ABSENT FROM THE, (in a statute). 8 Ala. 386. STATE, CITIZEN OF A, (in United States constitution). 2 Cranch (U. S.) 445. STATE, FOREIGN, (in United States constitution). 5 Pet. (U. S.) 1.
STATEn.
Websters Unabridged Dictionary (1913) • 1913
The circumstances or condition of a being or thing at any given time. State is a term nearly synonymous with "mode," but of a meaning more extensive, and is not exclusively limited to the mutable and contingent. Sir W. Hamilton. Declare the past and present state of things. Dryden. Keep the state of the question in your eye. Boyle. Rank; condition; quality; as, the state of honor. Thy honor, state, and seat is due to me. Shak. Condition of prosperity or grandeur; wealthy or prosperous circumstances; social importance. She instructed him how he should keep state, and yet with a modest sense of his misfortunes. Bacon. Can this imperious lord forget to reign, Quit all his state, descend, and serve again Pope. Appearance of grandeur or dignity; pomp. Where least og state there most of love is shown. Dryden. A chair with a canopy above it, often standing on a dais; a seat of dignity; also, the canopy itself. [Obs.] His high throne, . . . under state Of richest texture spread. Milton. When he went to court, he used to kick away the state, and sit down by his prince cheek by jowl. Swift. Estate, possession. [Obs.] Daniel. Your state, my lord, again in yours. Massinger. A person of high rank. [Obs.] Latimer. Any body of men united by profession, or constituting a community of a particular character; as, the civil and ecclesiastical states, or the lords spiritual and temporal and the commons, in Great Britain. Cf. Estate, n., 6. The principal persons in a government. The bold design Pleased highly those infernal states. Milton. The bodies that constitute the legislature of a country; as, the States-general of Holland. A form of government which is not monarchial, as a republic. [Obs.] Well monarchies may own religion's name, But states are atheists in their very fame. Dryden. A political body, or body politic; the whole body of people who are united one government, whatever may be the form of the government; a nation. Municipal law is a rule of conduct prescribed by the supreme power in a state. Blackstone. The Puritans in the reign of Mary, driven from their homes, sought an asylum in Geneva, where they found a state without a king, and a church without a bishop. R. Choate. In the United States, one of the commonwealth, or bodies politic, the people of which make up the body of the nation, and which, under the national constitution, stands in certain specified relations with the national government, and are invested, as commonwealth, with full power in their several spheres over all matters not expressly inhibited. Highest and stationary condition, as that of maturity between growth and decline, or as that of crisis between the increase and the abating of a disease; height; acme. [Obs.]
STATEa.
Websters Unabridged Dictionary (1913) • 1913
Stately. [Obs.] Spenser. Belonging to the state, or body politic; public.
STATEv.
Websters Unabridged Dictionary (1913) • 1913
To set; to settle; to establish. [R.] I myself, though meanest stated, And in court now almost hated. Wither. Who calls the council, states the certain day. Pope. To express the particulars of; to set down in detail or in gross; to represent fully in words; to narrate; to recite; as, to state the facts of a case, one's opinion, etc. To state it. To assume state or dignity. [Obs.] "Rarely dressed up, and taught to state it." Beau. & Fl.
Statenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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A current governing polity, country, city-state, or community. | The current governing polity, country, city-state, or community under which the speaker lives.
Statename
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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State University, as the shortened form of a public university name.
statenoun
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 condition; a set of circumstances applying at any given time. | A condition; a set of circumstances applying at any given time. | A complete description of a system, consisting of parameters that determine all properties of the system. | A condition; a set of circumstances applying at any given time. | A mess; disorder; a bad condition or set of circumstances. | A condition; a set of circumstances applying at any given time. | The stable condition of a processor during a particular clock cycle. | A condition; a set of circumstances applying at any given time. | The set of all parameters relevant to a computation. | A condition; a set of circumstances applying at any given time. | The values of all parameters at some point in a computation. | A condition; a set of circumstances applying at any given time. | The physical property of matter as solid, liquid, gas or plasma. | A condition; a set of circumstances applying at any given time. | Highest and stationary condition, as that of maturity between growth and decline, or as that of crisis between the increase and the abating of a disease; height; acme. | High social standing or circumstance. | Pomp, ceremony, or dignity. | High social standing or circumstance. | Rank; condition; quality. | High social standing or circumstance. | Condition of prosperity or grandeur; wealthy or prosperous circumstances; social importance. | High social standing or circumstance. | A chair with a canopy above it, often standing on a dais; a seat of dignity; also, the canopy itself. | High social standing or circumstance. | A great person, a dignitary; a lord or prince. | High social standing or circumstance. | Estate, possession. | A polity or community. | A sovereign country or city state, with the central government acting as its visible instrument. | A polity or community. | A political division of a federation retaining a notable degree of autonomy, as in the United States, Mexico, Nigeria, or India. | A polity or community. | A form of government other than a monarchy. | A polity or community. | A society larger than a tribe. A society large enough to form a state in the sense of a government. | An element of the range of the random variables that define a random process. | The lexical aspect (aktionsart) of verbs or predicates that do not change over time.

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