Law Dictionary

The commission of something which ought not to be done ; that is, misprision in the first and second of the specific meanings given above. In practice. A clerical error or mistake

Direct or affirmative proof; that which directly establishes the fact in question ; as opposed to negative proof, which establishes the fact by showing that its opposite is not or

The term “positive train control system” means a system designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zone limits, and the

Of positive law.

1 1. Put; suppose. Posito uno oppositorum, negator alteram: one of two opposite positions being affirmed, the other is denied.

By the establishment of one of opposing propositions, the other is denied.

The term “positron emission tomography drug” has the meaning given to the term “compounded positron emission tomography drug” in section 321(ii) of this title , except that paragra

L I. In old English law. Fosse-work; the service of laboring, for the repair' and maintenance of the ditches

This word is used substantively to signify a possibility. For example, such a thing is in posse, that is, such a thing may possibly be. When the thing is in being, the phrase to ex

Power of the county, which see.

To occupy In person; to have in one's actual and physical control; to have the exclusive detention and control of; also to own or be entitled to. See Fuller v. Fuller, 84 Me. 475,

This word is applied to the right and enjosrtnent of a termor, or a person having a term, who is said to be possessed, and not seised. Bac. Tr. 335; Poph. 76; Dyer, 369. POSSESSIO

Possession.

Possession in good faith.

The possession of goods.

In Roman law. A legal possession, i. e., a possessing accompanied with the intention to be or to thereby become owner, and, as so understood, it was distinguished from "possessio n

Possession is, as it were, the position of the foot.

Possession of the brother.

The possession of the brother in fee simple makes the sister the heir. See 2 Bl. Comm. 227.

The possession of the brother makes the sister the heir.

See Usucapio.

In this subsection, the terms "awaiting testing" and "possession" have the meanings given those terms in subsection (n). / In this subsection, the terms “awaiti

WRIT OF. Process to put into execution a judgment in ejectment for

It must be admitted that possession is presumptive evidence of property; because possession is a circumstance which generally accompanies property

Same as Nuda possessio.

the language of the act makes possession the principal matter, and personal residence the qualifying matter. Leaving out the word housekeeper, which is not in question, the qualifi

The term “possession corporation” means a domestic corporation for which the election provided in subsection (a) is in effect.

For purposes of this subsection, the term “possession income” means, with respect to any possession, the income referred to in subsection (a)(1)(A) determined with respect to that

For purposes of this paragraph, the term “possession income taxes” means any taxes of a possession of the United States which are treated as not being income, war profits, or exces

That possession which actual occupancy gives. See 5 Rich. (S. C.) 280, 57 Am. Dec. 744.

Possession which is not actual, but which is presumed by law to exist. See 5 Rich. (S. C.) 280, 57 Am. Dec. 744.

the unlawful possession for which Campbell was prosecuted, and of which he pleaded guilty, was not a separate possession antecedent to and independent of the transportation—which w

An allowance to one put in possession of goods taken under writ of fieri facias. Holthouse. POSSESSION VAUT TITRE (Pr.) In English law, as in most systems of jurisprudence, the fac

The possession which would do this must be an actual possession, and not that mere constructive possession which is very often implied by reason of ownership under circumstances fa

Guam, the Midway Islands, the Panama Canal Zone, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Wake Island.

The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. / The te

For purposes of this section, the term “possession sales” means the aggregate sales or other dispositions for the taxable year to persons who are not members of the affiliated grou

Possession avails as much as title.

Where the judgment in an action of ejectment is for the delivery of the land claimed, or its possession, this writ is used to put the plaintiff in possession. It is in the nature o

Peaceful possession for sixty years establishes a right.

Peaceable possession for sixty years gives a right. Jenk. Cent. 26.

He who holds, detalbs, or enjoys a thing, either by himself or his agent, which he claims as his own. In general, the possessor of personal chattels is presumed to be the owner; an

See "Bona Fide Possessor, etc."

He is a bona fide possessor who possesses as owner by virtue of an act sufficient in terms to transfer property, the defects of which he was ignorant of. He ceases to be a bona fid

One who possesses as master, but who assumes this quality when he knows that he has no title, or that his title is defective. 24 How. (U. 8.) 553, 16 L. Ed. 770.

The possessor in bad faith is he who possesses as master, but who assumes this quality, when he well knows that he has no title to the thing, or that his title is vicious and defec

Relating to possession; founded on possession; contemplating or claiming possession.

— '^In Old English Law. A real action, in which the plaintiff, called the "demandant," sought to recover the possession of land, tenements, and hereditaments. On account of the gre

The title of a pre-emptor of public lands who has filed his declaratory statement but has not paid for the land. Enoch v. Spokane Falls & N. Ry. Co , 6 Wash. 393, 33 Pac. 966.

the following: "(a) Possession of, claim to, or right to the possession of land or improvements, except when coupled with ownership of the land or improvements in the same person."

In Scotch practice. A judgment which entitles a person who has uninterruptedly been in possession for seven years to continue his possession until the question of right be decided

the only lien which the common law recognizes in such cases, independent of statutory regulations, is the possessory lien, which arises out of, and is dependent upon, the possessio

Possibility.

An uncertain thing which may happen. Lilly, Reg. An expectancy which is not founded on any limitation, provision, or trust, such, as the expectancy of an heir apparent, who may be

An expectation recognized in law as an estate or interest, such as occurs in executory devises and shifting or springing uses; such a possibility may be sold or assigned.

His death simply put an end to what, at best, was a mere possibility of a reverter by extinguishing it; that is to say, by converting what was merely possible into an utter impossi

The estate of a reversioner.

See "Double Possibility."

Liable to happen or come to pass, capable of existing or of being conceived or thought of; capable of being done; not contrary to the nature of things. Topeka City Ry. Co. v. Higgs

the test is whether the mayor's situation is one 'which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defend

1. To possess, — in possessioa

To possess in the belief that one is heir. Inst. 4, 15, 3.

To possess a part or the whole of an inheritance, without any right, and with the knowledge that it does not belong to one. Inst. 4, 15, 3.

We can; we can or may do. POST (Lat.) After. In Real-Estate Law. When two or more alienations or descents have taken place between an original intruder and the tenant or defendant

To attach a notice to a post or other conspicuous place; to mail a letter; after; afterward.

For purposes of clause (i), the term “post-1986 earnings and profits” means earnings and profits which were accumulated in taxable years of such company beginning after December 31

The term “post-1986 foreign income taxes” means the sum of— (A) the foreign income taxes with respect to the taxable year of the foreign corporation in which the dividend is distri

The term "post-1986 undistributed earnings" means the amount of the earnings and profits of the foreign corporation (computed in accordance with sections 964(a) and 986)

For purposes of this subsection, the term “post-1986 undistributed U.S. earnings” means the portion of the post-1986 undistributed earnings which is attributable to— (A) income of

I. After; afterwards. Post diem: after the signed. Post litem dispute moved; after has arisen. Post mortem: tions anciently taken commonly applied to Post obitum: after the brother

In this paragraph, the term “Post-9/11 Global Operations period” means the period of the Persian Gulf War beginning on September 11, 2001, and ending on the date thereafter prescri

The term “Post 9/11 Global Operations theaters” means Afghanistan, Iraq, or any other theater in which the Global War on Terrorism Expeditionary Medal is awarded for service.

An after-act; an act done afterwards.

The terms “post-acute care provider” and “PAC provider” mean— (i) a home health agency; (ii) a skilled nursing facility; (iii) an inpatient rehabilitation facility; and (iv) a long

The money charged by law for carrying and delivering mail matter. The rates of postage between places in the United States are fixed by law; the rates of postage upon foreign lette

A ticket issued by government, to be attached to mail-matter, and representing the postage or fee paid for the transmission of such matter through the public mails.

The act of congress 4, provide that, to facilitate the transportation of letters in the mail, the postmastergeneral be authorized to prepare postagestamps, which when attached to a

Relating to the mails; pertaining to the post-office. —Postal currency. During a brief period following soon after the commencement of the civil war in the United States, when spec

During a brief period following soon after the commencement of the civil war in the United States, when specie change was scarce, postage stamps were popularly used as a substitute

proof that a letter properly directed was placed in a post office creates a presumption that it reached its destination in usual time and was actually received by the person to who

The term “postal property” means any property owned or leased by the Postal Service. / The term “postal property” means any property owned or leased by the United States Postal Ser

The act of congress of June 25, 1910, created a board of trustees (the post-master general, the secretary of the treasury, and the attorney-general) to establish such depositaries.

the term "Postal Service" means the United States Postal Service; / “Postal Service” means the United States Postal Service established by section 201 of this title; / “p

the term "Postal Service annuitant" means an annuitant enrolled in a health benefits plan under this chapter whose Government contribution is required to be paid under se

the term "Postal Service employee" means an employee of the Postal Service enrolled in a health benefits plan under this chapter whose Government contribution is paid by

the term "Postal Service Medicare covered annuitant" means an individual who— (A) is a Postal Service annuitant; and (B) is a covered Medicare individual;

(1) In this subsection, the term "Postal surplus or supplemental liability" means the estimated difference, as determined by the Office, between— (A) the actuarial presen

A treaty made at Berne in October, 1874, for the regulation of rates of postage and other matters connected with the postoffice between England and various other countries. See 38

The term “post-authorization change report” has the meaning given such term in section 2282e(d) of this title . / In this section, the term “post-authorization change report” inclu

The term "post-authorization study" means— (i) a feasibility report developed under section 2282 of this title; (ii) a feasibility study, as defined in section 2215(d) of

The term “post-baccalaureate” means a program of instruction for individuals who have completed a baccalaureate degree, that does not lead to a graduate degree, and that consists o

The adjudication having been made by a Spanish tribunal, after the cession of the country to the United States, does not make it void; for we know, historically, that the actual po

The term “post-change year” means any taxable year ending after the change date.

The term "postclosure maintenance" means any activity undertaken at a closed solid waste management facility on Indian land or on Alaska Native land to maintain the integ

After the Conquest. Words first used in the king's title by King Edward I., 1328, to distinguish the Edwards after the Conquest, from those before it, and constantly used in the ti

The term “post-consumer materials management” has the meaning given such term in section 4201 of this title . / The term "post-consumer materials management" means the sy

To date an instrument a time after that on which it is made. See "Date." POST DIEM (Lat.) After the day; as a plea of payment post diem, — after the day when the money became due.

For purposes of this paragraph, the term “post-December ordinary loss” means the excess (if any) of— (i) the ordinary losses not described in subparagraph (E)(i) and attributable t

The term “post-December reported amount” means the aggregate reported amount determined by taking into account only dividends paid after December 31 of the taxable year. / The term

After the day.