Submission “Legally” Defined

The following definitions for “submission” are taken from Ballantine’s Law Dictionary (3rd edition), Bouvier’s Law Dictionary (6th edition), Black’s Law Dictionary (2nd edition), and Webster’s Dictionary (1828):

 

 

(Ballantine’s)

A surrender or yielding, as to an arrest or a command. Referring a matter to another for consideration and decision, e.g., the act of a court in instructing the jury and sending them out to return a verdict [see final submission].

 

(Bouvier’s)

SUBMISSION, a yielding to authority

  1. A citizen is bound to submit to the laws; a child to his parents; a servant to his master. A victor may enforce the submission of his enemy.

  2. When a captor has taken a prize, and the vanquished have submitted to his authority, the property, as between the belligerents, has been transferred. When there is complete possession on one side, and submission upon the other, the capture is complete [1 Gallis. R. 532].

SUBMISSION, contracts

  1. An agreement by which persons who have a lawsuit or difference with one another, name arbitrators to decide the matter, and bind themselves reciprocally to perform what shall be arbitrated.

  2. The submission may be by the act of the parties simply, or through the medium of a court of law or equity. When it is made by the parties alone it may be in writing or not in writing [Kyd on Aw. 11; Caldw. on Arb. 16; 6 Watts’ R. 357]. When it is made through the medium of a court, it is made a matter of record by rules of court. The extent of the submission may be various, according to the pleasure of the parties; it may be of only one, or of all civil matters in dispute, but no criminal matter can be referred. It is usual to put in a time within which the arbitrators shall pronounce their award [Caldw. on Arb. ch. 3; Kyd on Awards, ch. ; Civ. Code of Lo. Tit. 19 3 Viin. Ab. 131; 1 Supp. to Ves. jr. 174; 6 Toull. n. 827; 8 Toull. n. 332; Merl. Repert. Mot Compromis; 1 S. & R. 24; 5 S & R. 51; 8 S & R 9; 1 Dall. 164; 6 Watts, R. 134; 7 Watts, R. 362; 6 Binn. 333, 422; 2 Miles, R, 169; 3 Bouv. Inst. n. 2483, et seq].

 

(Black’s)

A yielding to authority. A citizen is bound to submit to the laws; a child to his parents.

In practice, a submission is a covenant by which persons who have a lawsuit or difference with one another name arbitrators to decide the matter, and bind themselves reciprocally to perform what shall be arbitrated [Civ. Code La. Art. 3099; Garr v. Gomez, 9 Wend. (N.Y.) 661; District of Columbia v. Bailey, 171 U. S. 161, 18 Sup. Ct. 868, 43 L. Ed. 118; Chorpenning v. U.S., 11 Ct. Cl. 628; Shed v. Railroad Co., 67 Mo. 687].

In maritime law, submission on the part of the vanquished, and complete possession on the part of the victor, transfer property as between belligerents [The Alexander, 1 Gall. 532, Fed. Cas. No. 164].

  • Submission bond: the bond by which the parties agree to submit their matters to arbitration, and by which they bind themselves to abide by the award of the arbitrator, is commonly called a “submission bond” [Brown].

 

(Webster’s)

SUBMIS’SION, n. [Latin, submissio, from submitto]

  1. The act of submitting; the act of yielding to power or authority; surrender of the person and power to the control or government of another.

    Submission, dauphin! ’tis a mere French word;

    We English warriors wot not what it means.

  2. Acknowledgement of inferiority or dependence; humble or suppliant behavior.

    In all submission and humility,

    York doth present himself unto your highness.

  3. Acknowledgement of a fault; confession or error.

    Be not as extreme in submission, as in offence.

  4. Obedience; compliance with the commands or laws of a superior.

    Submission of children to their parents is an indispensable duty.

  5. Resignation; a yielding of one’s will to the will or appointment of a superior without murmuring.

    Entire and cheerful submission to the will of God is a christian duty of prime excellence.

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