MORA, In civil law. This term, in morÉ, is used to denote that a party to a contract, who is obliged to do anything, has neglected to perform it, and is in default. Story on Bailm. 123, 259; Jones on Bailm. 70; Poth. PrÇt a Usage, c. 2, 2, art. 2, n. 60; EncyclopÇdie, mot Demeure; Broderode, mot MorÉ.
MORA, estates. A moor1, barren or unprofitable ground; marsh2; a heath. 1 Inst. 5; Fleta, lib. 2, c. 71.
MORAL EVIDENCE. That evidence which is not obtained either from intuition or demonstration3. It consists of those convictions of the mind, which are produced by the use of the senses, the testimony4 of men, and analogy or induction5. It is used in contradistinction to mathematical, evidence. (q. v.) 3 Bouv. Inst. n. 3050.
MORAL INSANITY6, med. jur. A term used by medical men, which has not yet acquired much reputation in the courts. Moral insanity is said to consist in a morbid7 perversion8 of the moral feelings, affections, inclinations9, temper, habits, and moral dispositions10, without any notable lesion of the intellect, or knowing and reasoning faculties11, and particularly without any maniacal12 hallucination. Prichard, art. Insanity, in Cyclopaedia of Practical Medicine
2. It is contended that some human beings exist, who, in consequence of a deficiency in the moral organs, are as blind to the dictates13 of justice, as others are deaf to melody. Combe, Moral Philosophy, Lect. 12.
3. In some, this species of malady14 is said to display itself in an irresistible15 propensity16 to commit murder; in others, to commit theft, or arson17. Though most persons afflicted18 with this malady commit such crimes, there are others whose disease is manifest in nothing but irascibility. Annals D'Hygiäne tom. i. p. 284. Many are subjected to melancholy19, and dejection, without any delusion20 or illusion. This, perhaps without full consideration, has been judicially21 declared to be a "groundless theory." The courts, and law writers, have not given it their full assent22. 1 Chit. Med. Jur. 352; 1 Beck, Med. Jur. 553 Ray, Med. Jur. Prel. Views, 23, p. 49.
MORAL OBLIGATION. A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfil.
2. These obligations are of two kinds 1st. Those founded on a natural right; as, the obligation to be charitable, which can never be enforced by law. 2d. Those which are supported by a good or valuable antecedent consideration; as, where a man owes a debt barred by the act of limitations, this cannot be recovered by law, though it subsists23 in morality and conscience; but if the debtor24 promise to pay it, the moral obligation is a sufficient consideration for the promise, and the creditor25 may maintain an action of assumpsit, to recover the money. 1 Bouv. Inst. n. 623.
MORATUR, IN LEGE. He demurs26 in law. He rests on the pleadings of the case, and abides27 the judgment28 of the court.
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