Law Dictionary

The due process clause has been applied to prevent governmental destruction of existing economic values. It has not and cannot be applied to insure values or to restore values that

That clause is applicable to a taxing statute such as the one here assailed only if the act be so arbitrary as to compel the conclusion that it does not involve an exertion of the

due process requires that the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed

a State may not, consistent with the obligations imposed on it by the Due Process Clause of the Fourteenth Amendment, pre-empt the right to dissolve this legal relationship without

Due process of law, therefore, in the prosecution of contempt, except of that committed in open court, requires that the accused should be advised of the charges and have a reasona

Due process of law, this court has held, does not require the state to adopt any particular form of procedure, so long as it appears that the accused has had sufficient notice of t

Deportation without a fair hearing or on charges unsupported by any evidence is a denial of due process which may be corrected on habeas corpus. But a want of due process is not es

As the plaintiff had notice and opportunity to be heard at each stage of these proceedings, the essential elements of due process of law were fully met, and the court had jurisdict

Where a rule of conduct applies to more than a few people, it is impracticable that everyone should have a direct voice in its adoption. The Constitution does not require all publi

When property is taken by eminent domain, it equally is recognized that there must be something more than an ordinary honest mistake of law in the proceedings for compensation befo

It does not merely provide a reasonable incentive for the prompt settlement, without suit, of just demands of a class admitting of special treatment by the legislature ... but atta

So far as due process is concerned the only question is whether the tax in practical operation has relation to opportunities, benefits, or protection conferred or afforded by the t

it is a violation of due process to convict and punish a man without evidence of his guilt

Engrained in our concept of due process is the requirement of notice. Notice is sometimes essential so that the citizen has the chance to defend charges. Notice is required before

If the statute did not provide for a notice in any form, it is not material that, as a matter of grace of favor, notice may have been given of the proposed assessment. It is not wh

a conviction under a criminal enactment which does not give adequate notice that the conduct charged is prohibited is violative of due process

such an exertion of the power of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims pres

constitutional protection does extend to the public servant whose exclusion pursuant to a statute is patently arbitrary or discriminatory.

the due process clause of the Fourteenth Amendment or the Fifth Amendment requires counsel for all persons charged with serious crimes, when necessary for their adequate defense, i

the appellant has no property, in the constitutional sense, in any particular form of remedy; all that he is guaranteed by the Fourteenth Amendment is the preservation of his subst

the 'simple but controlling question is whether the state has given anything for which it can ask return

“dues” means dues, fees, and assessments; / “dues” means dues, fees, and assessments; / For purposes of this subsection, the term “dues” means any payment (whether or not designate

In English law. Small sums of money paid to the parochial clergy by the parishioners at Easter as a compensation for persenal tithes, or the tithe for personal laber; recoverable u

The fundamental notion of Club activity is that operating expenses are shared without insistence upon equivalence between the proportion of an individual's contributions and the pr

Lat. [from dux, q. v.] A duchy. Reg. Orig. 153. A dukedom. Spelman, voc. Dux.

The title given to those who are in the highest rank of nobility in England.

The name of a rack in the Tower, so called after a minister of Henry VI. who sought to introduce it into England.

A body of DUM SE BENE GESSERIT (Lat. while he shall conduct himself well). These words signify that a judge or other officer shall hold his office during good behavior, and not at

2 In its more extended sense, that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to ov

Fuller, 9 N. p. 536 (1838); Burdine v. Grand Lodge, 37 Ala. 478 (1861); Indianapolis v. Grand Master, 25 Ind. 518 (1865); Savannah v. Solomon's Lodge, 63 Ga. 93 (1874). Contra, Ban

A government where servants and slaves have so much license and privilege that they domineer. Wharton.

A government where servants and slaves have so much license and privllege that they domineer. Wharton.

in a proper way, or regularly, or according to law.

The term “duly authorized representative” means an association of agricultural commodity producers.

made according to the forms prescribed by law or usage.

a person who has been ordained, in accordance with the ceremonial, ritual, or discipline of a church, religious sect, or organization established on the basis of a community of fai

The words 'or legally protected' being added to the words 'duly registered' with the apparent intent to cover trade marks which were entitled under the common law to protection by

an oath taken according to a law which authorizes such oath.

While.

HABENDUM (Lat.). The clause usually following the granting part of the premises of a deed, which deiines the extent of the ownership in the thing granted to be held and enjoyed by

Lat, While; as long as; until; upon condition that; provided that.

In practice. <A writ directed to the person detaining another, and commanding him to produce the body of the prisoner, (or person detained,) with the day and cause of his caption a

Unable to speak; mute. See Deaf and Dumb.

In sales at auction, when the amount which the owner of the thing sold is willing to take for the article is written, and placed by the owner under a candlestick, or other thing, a

During good behavior.

practice. In default of the representatives and creditors to administer to the estate of an intestate, the officer entitled to grant letters of administration, may grant to such pe

While the work glows; in the heat of action. 1 Kent, Comm. 120. DUM FUIT IN PRISONA (Law Lat.) In English law. A writ which lay for a man who had aliened lands under duress by im-

While he was under age.

(While he was within age.) In old English practice. A writ of entry which formerly lay for an infant after he had attained his full age, to recover lands which he had aliened in fe

Lat. (While he was within age.) In old English practice. A writ of entry which formerly lay for an infant after he had attained his full age, to recover lands which he had aliened

A writ to recover land conveyed under duress.

In English law. A writ which lay for a man who had aliened lands under duress by imprisonment, to restore to him his proper estates, 2 Inst. 482. Abolished by St.3 & 4 Wm. TCs ay.

L. Lat. (While he was of unsound mind). In old English practice. A writ of entry which lay for a man who had aliened his lands while he was of unsound mind, to recover them from th

L. Lat. A debt due at present to be paid in future. A term applied to obligations which are absolute or perfect when contracted, though not payable before a certain future day, as

So that.

So that it is clear as to the person.

While he was of unsound mind.

“Dumping” means a disposition of material: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated

The term “dumping margin” means the amount by which the normal value exceeds the export price or constructed export price of the subject merchandise.

While the offense was fresh. A term employed in the old law of appeal of rape. Bracton, fol. 147. DUM SOLA (Lat. while single or unmarried). A phrase applied to single women, to de

While unmarried.

While she shall live unmarried and chaste.

One who duns or, urges for payment; a troublesome creditor. A demand for payment, whether oral or written. Stand. Diet

In old records. A bank of earth cast up; the side of a ditch. Cowell.

While the work glows ; in the heat of action. 1 Kent, Comm. 120.

A cell under ground; a place in a prison built under ground, dark, or but indifferently lighted. DUN 10. A double; a kind of base coin less than a farthing.

A double; a kind of base coin less than a farthing.

Dunnage is placed under the cargo to keep it from being wetted by water getting into the hold, or between the different parcels to keep them from bruising and injuring each other.

Pcople that dwell on hilly places or mountains. Jacob.

Lat. A hill or rising ground. Spelman. See Dun. Duo non possunt in solido unam rem possidere. Two cannot possess one thing in entirety. Co. Litt. 368. Duo sunt instrumenta ad omnes

The trial by twelve men, or by jury. Applied to Sries de medietate linguae. Molloy, de Jur. ar. 448. DUODECIMA MANUS (Lat. twfelve hands). The oaths of twelve men, including himsel

The trial by twelve men, or byjury. Applied to juries de medietale lingue, Mol. de Jure Mar. 448.

Twelve men’s oath.

In old records. A jury of twelve men. Cowell. Generally, a dozen. Duodena pania, a dozen of bread. Towns. PI. 170.

Twelve witnesses to purge a criminal of an offense. DUORUM IN SOLIDUM DOMINIUM VEL possesslo esse non potest. Ownership or possession in entirety cannot be in two of the same thing

Two cannot possess one thing In entirety. Co.. Litt 368.

Two cannot possess one thing exclusively.

Ownership or possession in entirety cannot be in two persons of the same thing. Dig. 13, 65, 15; Mackeld. Rom. Law, § 245. Bract fol. 28b.

Sole ownership or possession cannot be in two persons.

There are two instruments for confirming or impugning all things, —reason and authority. 8 Coke, 16.

Reason and authority are two instruments for the confirming or impugning of all matters.

In the civll law. Double the price of a thing. Dig. 21, 2, 2.

I. In old English law. Double. Duplex querela: a double complaint, or double quarrel; a complaint in the nature of an appeal, made to the archbishop of the province, against an inf

An appeal from an ordinary to his superior.

Twice the value of the marriage.

I. To double or repeat; to make in two parts, as, the old charters were executed.

One of two documents precisely similar.

The same as "double" taxation. See Double.

One executed in duplicate and each copy placed in different hands.

(Civil Law) A pleading corresponding to a common-law rejoinder.

Lat. A doubling. I»«l»Ilcacl0iie Hi p Mi»i%ilititU» lex bob patit«r« The law does not allow the doubling of a possibility. 1 Bol. R. 321.

The law does not suffer a duplication of possibility.

(Lat. a twofold or double right). Words which signify the same as dreit dreit, or droit droit, and which are applied to a vreit of right, patent, and such other writs of right as a

The charge is unitary in relating to one continuous conspiracy, although in proof of it different circumstances constituting it and overt acts in pursuance of it are disclosed. Thi

Lat. Double. Damnain duplo; double damages. Stat, Westm. 2, c. 26.

In Scotch law. The defendant's answer to the plaintiff's replication. The same as duplicatio. Macl. Prac. 127. To rejoin. "It is duplyed by the panel." 3 How. St. Tr. 471. DURANTE

v. In Scotch pleading. To rejoin. “Itis dupiyed by the panel.” 3 State Trials, 471.

Lat. Two pounds; the double of anas; twenty-four undm. Calvin* s Lex. Jurid. Inst, 2. 14. 8. Heinecc. El. Jur. Civ. lib. 2, tit. 14. § 641.

As used in this section, the term “durable infant or toddler product”— (1) means a durable product intended for use, or that may be reasonably expected to be used, by children unde

The term “durable medical equipment” includes iron lungs, oxygen tents, hospital beds, and wheelchairs (which may include a power-operated vehicle that may be appropriately used as