Law Dictionary

the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy

the term “incites” means urges another to engage imminently in conduct in circumstances under which there is a substantial likelihood of imminently causing such conduct;

I. Against legal propriety, rule or order; irregular. Incivile est, nisi tota lege perspecta, una aliqua particnla ejus proposita, jndicare, vel respondere: it is improper, -withou

In general, all sorts of actions and judicial demands. Dig. 44. 7. 58. In Ecclesiastical Law. Causes of instance are those proceeded in at solicitation of some party, as opposed to

Unjustly; improperly.

NISI TOTA LEGE PR08pecta, una allqua partlcula ejus proposita, judicare, vel respondere. It is Improper, unless the whole law has been examined, to give judgment or advice upon a v

It is improper, without looking at the whole of a law, to give judgment or advice, upon a view of any one clause of it. Dig. 1, 3, 24.

It is unfair, unless the whole law has been examined to adjudge or advise respecting some particular provision of it.

It is unfair, unless the whole of an opinion has been examined, to judge of any certain part of it.

In civil matters employment excuses, but not so in crimes.

A little book. Lihellus supplex, a petition, especially to emperor, all petitions to whom must be in writing. L. 15, Dig. in jus voc. Libellum rescribere, to mark on such petition

Failure to perform one's duty as a citizen.

I. I. In old European law. To cry out for a person, as a crier does in court; to summon to court Inclamatns: proclaimed; summoned by proclamation.

I I. In old English law. An enclosure; the enclosure or circuit of a monastery.

In matters which are clear there is no room for conjecture.

In things obvious there is no room for conjecture.

An inclosure.

s To confine within; to comprise, embrace, comprehend. See Inclose. Including. A legacy of "one hundred dollars, including money trusteed " at a bank, was held to intend a gift of

In this section, the term "inclined sleeper for infants" means a product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed t

To fence; to shut in.

Fenced lands. See 95 Va. 77, 38 L. R. A. 570, 27 S. E. 823.

To shut up. “To inclose a jury,” in Scotch practice, is to shut them up in a room by themselves. Bell.

In English law. Inclosure is the act of freeing land from rights of common, commonable rights, and generally all rights which obstruct cultivation and tiie productive employment of

English statutes regulating the subject of inclosure. The most notable was that of 1801.

1846. The statute 8 and 9 Viet. c. 118, establishing a board of commissioners for England and Wales and empowering them, on the application of persons interested to the amount of o

In definitive provisions of statutes and other writings, 'include' is frequently, if not generally, used as a word of extension or enlargement rather than as one of limitation or e

In this subclause, the term “included business concern” means a business concern, including any station which broadcasts pursuant to a license granted by the Federal Communications

For purposes of this paragraph, the term “included Federal loan program” means any program under which the United States or a Federal agency makes, guarantees, or insures loans.

The natural distinction would be that where 'means' is employed, the term and its definition are to be interchangeable equivalents, and that the verb 'includes' imports a general c

For purposes of this subsection, the term “includible compensation” means, in the case of any employee, the amount of compensation which is received from the employer described in

As used in this chapter, the term "includible corporation" means any corporation except—

To attribute to the participial phrase introduced by 'including' a function of limiting the general power granted would be to shrivel a versatile principle to an illustrative appli

I. In the civil law. A shutting in; an enclosing; inclusion. Inclusio unins est exclusio alterins: the inclusion of one is the exclusion of another.

The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others. 11 Coke, 58b.

The including of one is the exclusion of the other. See 44 Fla. 537, 61 L. R. A. 734, 33 South. 509.

Comprehended in computation. In computing time, as ten days from a particular time, one day is generally to be included, and one excluded. See "Exclusive." INCOLA (Lat. from incole

In land iaw, one which includes within its boundaries prior claims excepted from the computation of the area within such boundaries and excepted in the grant. Stockton v. Morris, 3

Criminative evidence; that which tends, or is intended, to establish the guilt of the accused.

A proctor or vicar.

I. In the civil and old English law. Incorporeal; not material; not having a body or substance. Incorporalia bello non, adquiruntnr: incorporeal things are not acquired by war.

An inhabitant.

Residence makes the domicile. See 1 Johns. Cas. (N. Y.) 363.

accessions to wealth, clearly realized, and over which the taxpayers have complete dominion.

The term “income adjustment” means the square of the quotient obtained by dividing— (A) the per capita personal income for each eligible county; by (B) the median per capita person

As the term is ordinarily used, income bonds are bonds which carry interest only so far as the interest is earned from the net income of the corporation, within an interest period.

The term “income category” means each separate category of income described in subsection (d)(1). / For purposes of this paragraph, the term “income category” has the meaning given

income derived from mere ownership of the bonds is clearly different from income derived from dealings or transactions in the bonds... an exemption of 'income derived' from a secur

income from oil and gas only; that, where the lessee turns over royalty oil in kind to the lessor, the amount retained by lessee is the basis for his computation of depletion and t

For purposes of paragraph (1), the term “income on the contract” means, with respect to any taxable year of the policyholder, the excess of— (i) the sum of the net surrender value

The term “income percentage” means the percentage (but not greater than 100 percent) which— (i) the excess of— (I) the modified adjusted gross income of the taxpayer for the taxabl

any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts.

The term “income tax liability” means the excess of— (A) the sum of— (i) the tax imposed by section 11 or subchapter L of chapter 1, whichever is applicable, plus (ii) the tax impo

For purposes of this part and of sections 164(a) and 275(a), the term “income, war profits, and excess profits taxes” shall include a tax paid in lieu of a tax on income, war profi

During a commendam. See Commendam .

if the halt in the movement of the goods is a convenient intermediate step in the process of getting them to their final destinations, they remain 'in commerce' until they reach th

A written instrument containing a true account of the cargo of a ship or a commercial vessel. As to the requirements of the United States laws in respect to manifests, see 1 Story,

NE dolus praestetur, rata non est. If in a, contract for a loan there is inserted a clause that fraud should not be accounted of, such clause is void. Dig. 13. 7. 17. IN COMMUNI (L

In a commodatum, an agreement that fraud is not to be answered for is not valid.

In the contract of loan, a stipulation not to be liable for fraud is not valid. Dig. 13, 7, 17, pr.

I. In the civil and old English law. Disadvantage; loss.

An inconvenience does not settle an argument.

See Tenants in common .

The mode by which one set of persons, members of a corporation aggregate, acquire the rights of another set which preceded them. This term in Strictness is to be applied only to su

In common.

In Spanish law. The condition of a prisoner who is not permitted to see or to speak with any person visiting him during his confinement. A person accused cannot be subjected to thi

Confinement of a prisoner so as to prevent conversation with or sight of other persons.

Not capable of or entitled to be commuted. See Commutation.

Incapability of existing or being exercised together. Thus, the relations of landlord and of tenant cannot exist in one man at the same time in reference to the same land. Two Cons

Incapable of being performed by one person at the same time.

the term “incompetence” has the meaning as defined in section 4241 of title 18 , United States Code;

petitioner's 'deliberate and insubordinate refusal to answer the questions of his administrative superior in a vitally important matter pertaining to his fitness.' 386 Pa.

a person charged by a State with a criminal offense who is committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable period of time

Unqualified; ineligible; unfit; inadmissible as evidence. See Mentally incompetent .

Evidence Which is not admissible under the established rules of evidence; evidence which the law does not permit to be presented at ali, or in relation to the particular matter, on

The term “incomplete construction project” means a construction project for which funds have been obligated or expended before November 24, 2003, and which is not completed as of N

For purposes of subparagraph (A), the term “incomplete gift” means any transfer which would not be treated as a gift whether or not consideration was received for such transfer.

Where the documentary evidences of title produced by the claimant contain no sufficient lines or boundaries to show that any definite and distinct parcel of land was severed from t

A transfer made subject to a power of revocation in the transferor, terminable at his death, is not complete until his death.

mutual agreement in a common plan or enterprise.

Not conclusive; that may be disputed or rebutted. Applied to presumptions.

not what it says, but rather `a subset of any,' the Court distorts the plain meaning of the statute and departs from established principles of statutory construction.

Not finally decisive. Inconclusive presumptions are capable of being overcome by opposing proof. 3 Bouv. Inst. 3063.

“in confidence” means, with respect to information, that the information is provided— (A) with the expressed intent of the source that it not be disclosed; or (B) under circumstanc

OPORTET UTRAMque partem esse veram. In conjunctives, each part must be true. Wingate, Max. 13. IN CONSIDERATIONE INDE (Law Lat.) In consideration thereof. 3 Salk. 64, pi. 5. IN CON

In conjunctives it is necessary that each part be true. Wing, Max. 13, max. 9. In a condition consisting of divers parts in the copulative, bath parts must be performed.

In conjunctives it is necessary that each part should be true, i. e., performed.

a period of pretrial detention for which a defendant receives credit against the sentence ultimately imposed.

Section 10(b) must be read flexibly, not technically and restrictively. It is not limited to preserving the integrity of the securities markets. Congress meant to bar deceptive dev

In consideration of the premises. 1 Strange, 535.

In consideration thereof.

In contemplation of law.

In consideration of the premises.

The words 'in consideration of' do not import a technical consideration, such as is needed in a private bargain not under seal, but the inducement that led Congress to make the pro

Hardr. 65. In similar cases the remedy should be similar.

In a like case there ought to be a similar remedy.

In his sight or view. 12 Mod. 95.

Flat contradiction between the witness' testimony and the version of the events given in his reports is not the only test of inconsistency. The omission from the reports of facts r

Mutually repugnant or contradictory; contrary, the one to the other, so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment

For purposes of this section, the term “inconsistent estate basis” means any portion of an underpayment attributable to the failure to comply with section 1014(f).

Within his view.