Law Dictionary

A convention of delegates met to form or amend a constitution.

Those established under the specific power given in section 2 of article 3 are called constitutional courts. They share in the exercise of the judicial power defined in that sectio

the constitutional equality of the states is essential to the harmonious operation of the scheme upon which the Republic was organized. When that equality disappears we may remain

the doctrine that one who utilizes an Act to gain advantages of corporate existence is estopped from questioning the validity of its vital conditions

by virtue of the Bill of Rights enacted by Congress for the Philippine Islands ... guaranties equivalent to the due process and equal protection of the law clause of the 14th Amend

For purposes of this section, the term “constitutional home rule city” means, with respect to any calendar year, any political subdivision of a State which, under a State constitut

The Constitution immunizes the United States and its property from taxation by the States, but it does not forbid a tax whose legal incidence is upon a contractor doing business wi

Constitutional insubstantiality' for this purpose has been equated with such concepts as 'essentially fictitious,' 'wholly insubstantial,' 'obviously frivolous,' and 'obviously wit

An accused is entitled to have charges against him considered by a jury in the selection of which there has been neither inclusion nor exclusion because of race.

(1) That branch of the public law of a state which treats of the organization and frame of government, the organs and powers of sovereignty, the distribution of political and gover

Such freedom as is enjoyed by the citizens of a country or state under the protection of its constitution; the aggregate of those personal, civil, and political rights of the indiv

the classification scheme is invidious or if the challenged provision significantly impairs interests protected by the First Amendment.

complete" control over all exercises of the judicial power—or, as the plurality opinion said in "Northern Pipeline Construction Co. v. Marathon Pipe Line Co.," 458 U.S. 50 , 58-59,

Inherent Fourth Amendment rights are not inevitably measurable in terms of ancient niceties of tort or real property law. Decision does not turn upon the technicality of a trespass

When the Constitution requires a hearing, it requires a fair one, one before a tribunal which meets at least currently prevailing standards of impartiality.

Classifications based solely upon race must be scrutinized with particular care, since they are contrary to our traditions and hence constitutionally suspect.

a constitutionally unfair trial takes place only where the barriers and safeguards are so relaxed or forgotten, as in Moore v. Dempsey, supra, that the proceeding is more a spectac

One whose tenure and term of office are fixed and defined by the constitution, as distinguished from the incumbents of offices created by the legislature. Foster v. Jones, 79 Va. 6

Constitutional provisions are self-executing when it appears they shall take immediate effect, and ancillary legislation is not necessary to the enjoyment of the right thus given,

a question having sufficient substance to deserve serious consideration, and not one which is so devoid of merit as to be fanciful or frivolous, or which is not open to discussion

The constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is f

The term “Constitution and Bylaws” means the Constitution and Bylaws of the Klamath Tribe of Indians in effect on August 27, 1986. / the term “constitution and bylaws” means the co

The Constitution of the United States is not intended as a facility for crime. it is intended to prevent oppression; and its letter and its spirit are satisfied if, where a crimina

Laws promulgated, i. e., enacted, by the Roman emperor. They were of the following kinds: (1) Edicta; (2) decreta; (3) rescripta, called, also, "epistolae." Sometimes they were gen

Later laws prevail over those which preceded them.

The fundamental law of the United States in effect March 4, 1789.

See "Clarendon, Constitutions of."

See Forest Laws; Charta de Foresta.

In civil law. He who promised by a simple pact to pay the debt of another; and this is always a principal obligation. Inst. 4. 6. 9. CONSTITUTUM (Lat.) An agreement to pay a subsis

An agreement to pay an existing debt.

It is established that the home of each of us is considered to be where he has his abode and his books and where he may have made an establishment of his business.

In Scotch law. Duress. It is a general rule that when one is compelled into a contract there is no effectual consent, though, ostensibly, there is the form of it. In such case, the

The term “construct” means to construct, acquire, install, improve, or extend a facility or system. / The term “construct” means to build, renovate, or improve military family hous

The term "constructed export price" means the price at which the subject merchandise is first sold (or agreed to be sold) in the United States before or after the date of

The term "constructed width and depth" means the width and depth to which a project has been constructed, which may not exceed the authorized width and depth of the proje

I. Construction. Constructio the construction of the law works [must jury-

The interpretation of the law works no wrong.

Construction is the drawing of conclusions respecting subjects that lie beyond the direct expression of the text, from elements known from and given in the text,—conclusions which

COURT OF. A court of equity or of common law, as the case may be, is called the court of construetion with regard to wills, as opposed to the court of probate, whose duty is to dec

The term “construction and demolition debris” means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pa

Expenditures necessary to construct an irrigation system and put it in condition to furnish and properly to distribute a supply of water are chargeable to construction

“construction contract” means a fixed-price or cost-reimbursement self-determination contract for a construction project, except that such term does not include any contract— (1) t

Contracts for works of permanent improvement to realty, whether by the erection of

See Court of Construction .

The rules established in England before the revolution, respecting the construction of awards, have been more liberal and favorable than formerly; that many of the nice distinction

should the word children, as used in these statutes, be more restricted than when used in a will? In the construction of wills, unless there is something to control a different mea

a man's covenant shall not be strained so as to be unreasonable, or that it was improbable to be so intended, without necessary words to make it such; for it is unreasonable to sup

A written contract, a bond, note, &c. whatever is the act of the party, is a subject for the construction of the court; but this is not the act of the party, but a mere deposition.

Whatever the legislative power may be, its acts ought never to be so construed as to subvert the rights of property, unless its intention so to do shall be expressed in such terms

all rights which are asserted against the State must be clearly defined, and not raised by inference or presumption; and if the charter is silent about a power, it does not exist.

those rules for construing statutes, which are dictated by good sense, and sanctioned by immemorial usage, which require that the intent of the Legislature shall have effect, which

It is undoubtedly the duty of the Court to ascertain the meaning of the legislature, from the words used in the statute, and the subject matter to which it relates; and to restrain

The general words used in the clause of the patent laws granting the exclusive right to the patentee to use the improvement, taken by themselves, and literally construed, without r

In seeking its true construction, little assistance can be had from technical rules. The guiding principle must be, to seek the intention of the settlor. We mean, of course, his in

It is the proper province of testimony to show the notoriety and names of places, but not to explain a written instrument. That is the proper province of the Court. The Judges must

But in this case the question arises upon, a written instrument, and no principle is more clearly settled, than that the construction of a written evidence is exclusively with the

The term “construction or acquisition began” means, when used with reference to a certain date, that— (A) construction in accordance with final drawings or equivalent design docume

The term “construction or facility improvement project” includes any construction, development, conversion, or extension of a building, structure, or other improvement to real prop

Definition.—In this section, the term “construction or fire equipment” includes tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, pumpers, fuel and water t

The term "construction period" has the meaning given the term production period under section 263A(f)(4)(B).2

For purposes of this paragraph, the term “construction period carrying charges” means all— (i) interest paid or accrued on indebtedness incurred or continued to acquire, construct,

The term “construction permit” or “permit for construction” means that instrument of authorization required by this chapter or the rules and regulations of the Commission made purs

The term "construction program" or "construction project" means a Tribal undertaking relating to the administration, planning, environmental determination, desi

“construction programs” means programs for the planning, design, construction, repair, improvement, and expansion of buildings or facilities, including, but not limited to, housing

The term "construction project"— (A) means an organized noncontinuous undertaking to complete a specific set of predetermined objectives for the planning, environmental d

The term “construction project agreement” means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum— (A) establishes project phase start and complet

The argument that the statute should not be construed as applying to the use of a yacht wholly beyond the territorial limits of the United States, since if so interpreted it would

That which amounts, in the view of the law, to an act, although the act itself is not really performed. For words under this head, such as "constructive fraud," etc., see the vario

an offered abandonment may be accepted, even when the assured has no right to abandon, and, if accepted, it must be with its consequences. And an acceptance need not be expressly m

Upon the issuing of the patent to John Craig, in November 1784, the possession then being vacant, he became, by operation of law, vested with a constructive actual seisin of the wh

An assent or consent imputed to a party from a construction or interpretation of his conduct; as distinguished from one which he actually expresses.

Authority inferred or assumed to have been given because of the grant of some other antecedent authority. Middleton v. Parke, 3 App. D. C. 160.

A breaking made out by construction of law. As where a burglar gains an entry into a house by threats, fraud, or conspiracy. 2 Russ. Crimes, 9, 10.

An act committed out of court but tending to obstruct justice.

An implied or virtual conversion, which takes place where a person does such acts in reference to the goods of another as amount in law to the appropriation of the property to hims

Definition.—In this section, the term “constructive costs” means the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same

Where, by a strained construction of a penal statute, it is made to include an act not otherwise punishable, it is said to be a "constructive crime," that is, one built up by the c

Conintent, gains an advantage to the personi fault, or any one claiming under him, by misleading another to his prejudice, or tothe prejudice of any one claiming under him; or (2)

And here it may be proper to premise, that in the examination of the case made by the bill, it cannot be considered as one of constructive fraud, arising out of some peculiar relat

One where the felonious intent to appropriate the goods to his own use, at the time of the asportation, is made out by construction from the defendant's conduct, although, original

One resulting from such injuries to the property, without its destruction, as render it valueless to the assured or prevent its restoration to the original condition except at a co

Implied malice; malice inferred from acts; malice imputed bj law; malice which is not shown by direct proof of an intention to do injury, (express malice,) but which is inferential

in its nature no more than evidence of notice, the presumption of which is so violent that the court will not even allow of its being controverted.

indirect notice is usually efficient notice when the proceedings affect real estate. Of what concerns or may concern their real estate men usually keep informed, and on that probab

Before one may be punished, it must appear that his case is plainly within the statute; there are no constructive offenses.

a person, though lacking such physical custody, still has the power and intent to exercise control over the object.

the court which first obtains jurisdiction and constructive possession of property by filing the bill is entitled to retain it without interference and cannot be deprived of its ri

There was no constructive receipt of the profits by the company in that year, because at no time during the year was there a right in the company to demand that the receiver pay ov

Seisin in law where there is no seisin in fact; as where the state issues a patent to a person who never takes any sort of .possession of the lands granted, he has constructive sei

There are cases in which there is a constructive seizin in deed, which is sufficient for all the purposes of action in legal intendment. . . . They are founded upon this plain reas

Any form of service other than actuni personal service ; notification of an action or of some proceeding therein, given to a person affected by sending it to him in the mails or ca

A phrase used in the law to characterize an act not amounting to an acfual appropriation of chattels, but which shows an intention to convert them to his use; as if a person intrus

In marine insurance. This occurs where the loss or injury to the vessel insured does not amount to its total disappearance or destruction, but where, although the vessel still rema

Treason imputed to a person by law from his conduct or course of actions, though his deeds taken severally dc not amount to acfual treason. This doctrine is not known in the United

equity will fasten a constructive trust upon property in order to frustrate a violation of fiduciary duty. But the mere failure to pay a debt does not belong in that category. At n

We hold that Dunn and Gillam were constructive trustees of whatever interest they acquired in the Thomas lease, and of the proceeds derived from the transfer thereof to the Bull He

To put together; to arrange or marshal the words of an instrument. To ascertain the meaning of language by a process of arrangement and inference. See Construction.

contum, I fr. Toll or tribute.

To ravish, debsuch, violate, rape. See Harper v. Delp, 3 Ind. 230; 'Koenig v. Nott, 2 Hllt. (N. Y.) 329.

In ecclesiastical law. A ritual or book, containing the rites and forms of divine offices or the chs-toms of abbays and monasteries.