Law Dictionary

Ready.

prist, I. fr., In old English law. Ready. Prest a passer: ready to pass, that is, to give a verdict Prest averrer: ready to prove.

A presting or payment of tory alike on judges and juries. Best, Presump. 17. They are either conclusive money. Cowell. It is used of a right by which neutral or disputable. Mixed p

A sum of money paid by archdeacons yearly to their bishop; also purveyance, Cowell.

In canon law. A fund or revenue appropriated by the founder for the subsistence of a priest, without being erected into any title or benefice, chapel, prebend, or priory. It is not

A payment which binds those who receive It to be ready at all times appointed, being meant especially of soldiers. Cowell.

The term “presubscribed provider of operator services” means the interstate provider of operator services to which the consumer is connected when the consumer places a call using a

To' take or assume a matter beforehand, without proof; to take for granted. Infer is stronger than presume. The law does not.presume, much less infer, fraud." See Infer. Presumptio

For purposes of subparagraph (A), the term “presumed markup percentage” means the average markup percentage of retailers of articles of the type involved, as determined by the Secr

the so-called presumption is not a true presumption, since it cannot be rebutted, and the statement itself is only another way of stating the rule of substantive law that a carrier

It is presumed in favor of the defendant. 4 Okl. Cr. Rep. 103, 140 Am. St. Rep. 668, 31 L. R. A. (N. S.) 1166, 111 Pac. 679.

Presumption, which see.

it is the general rule of American law that a grant will be presumed upon proof of an adverse, exclusive, and uninterrupted possession for 20 years, and that such rule will be appl

there are presumptions that are not evidence in a proper sense but simply regulations of the burden of proof

we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.

Fraud, it is said, will never be presumed, though it may be proved by circumstances. Now, where an act does not necessarily import fraud; where it has more likely been done through

We think, therefore, that the true and safe course is to abide by the rule of law, which, after a lapse of time, will presume payment of a debt, surrender of a deed, and extinguish

The rational ground for presumption is, when the conduct of the party out of possession cannot be accounted for without supposing that the estate has been conveyed to the party in

the public acts of public officers, purporting to be exercised in an official capacity, and by public authority, shall not be presumed to be usurped, but that a legitimate authorit

In determining whether the legislature, in a particular enactment, has passed the limits of its constitutional authority, every reasonable presumption must be indulged in favor of

Congress has established the opposite presumption of divisibility. ... Congress has thus said that the statute is not an integrated whole, which as such must be sustained or held i

The requisite economic power is presumed when the tying product is patented or copyrighted.

It is not established as matter of law that all persons indicted are men of good character... The meaning must be that character is not an issue in the case unless the prisoner cho

Judicial review of a final agency action by an aggrieved person will not be cut off unless there is persuasive reason to believe that such was the purpose of Congress.

It is undeniably true in pleading, that where a suit is instituted in a court of limited and special jurisdiction, it is indispensable to aver that the cause of action arose within

The presumption where a will is properly signed and executed is that the testator knows the contents. Where there is evidence of the practice of fraud or of undue influence, affirm

Where a peculiar obligation is cast upon a person to take care of goods intrusted to his charge, if they are lost or damaged while in his custody, the presumption is that the loss

one otherwise an infringer who assails the validity of a patent fair upon its face bears a heavy burden of persuasion, and fails unless his evidence has more than a dubious prepond

The principle upon which the presumption of payment arises from the lapse of time, is a reasonable principle, and may be rebutted by any facts which destroy the reason of the rule.

In respect to the mortgagee, who is seeking to foreclose the equity of redemption, the general rule is, that where the mortgagor has been permitted to retain possession, the mortga

The presumption of regularity supports the official acts of public officers, and, in the absence of clear evidence to the contrary, courts presume that they have properly discharge

Undoubtedly the presumption is in favour of the validity of every grant issued in the forms prescribed by law; and it is incumbent on him who controverts it, to support his objecti

A grant or a concession made by that officer, who is by law authorized to make it, carries with it prima facie evidence that it is within his power. No excess of them, or departure

A presumption or fact, to the effect that one person survived another, applied for the purpose of determining a question of succession or similar matter, in a case where the two pe

The canon of construction which teaches that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United Sta

where the regulation is within the scope of authority legally delegated, the presumption of the existence of facts justifying its specific exercise attaches alike to statutes, to m

either presumptions of law or presumptions of fact. "A presumption of law is a juridical postulate that a particular predicate is universally assignable to a particular subject. A

proof of one fact renders the existence of another fact "so probable that it is sensible and timesaving to assume the truth of [the inferred] fact .

a grant made by a governor, if authorized to grant lands in his province, is prima facie evidence that his power was not exceeded. The connexion between the crown and the governor

Resting on presumption; created by or arising out of presumption ; inferred; assumed; supposed; as, "presumptive" damages, evidence, heir, notice or title. See those titles.

A term occasionally used as the equivalent of "exemplary" or "punitive" damages. Murphy v. Hobbs, 7 Co.lo. 541, 5 Pac. 119, 49 Am. Rep. 366.

The term “presumptive eligibility period” means, with respect to a child, the period that— (A) begins with the date on which a qualified entity determines, on the basis of prelimin

what is the nature of presumptive evidence? It only has the force of evidence whilst it remains uncontested.

One who, if the ancestor should die immediately, would, under existing condition of things, be his heir, but whose right of in Loritance may be defeated by the contingency of some

In a criminal case, any private communication, contact, or tampering directly or indirectly, with a juror during a trial about the matter pending before the jury is, for obvious re

Implied actual notice. The difference between "presumptive" and "constructive" notice is that the former is an inference of fact which is capable of being explained or contradicted

That which arises from mere occupation, with no pretense of right to hold possession. It is the very lowest order of title. PRET (Fr.) Loan. PRET A USAGE (Fr. loan for use). A phra

Same as Resulting trust.

In French law. Loan. A contract by which one of the parties delivers an article to the other, to be used by the latter, on condition of his returning, after having used it, the sam

Loan at interest A contract by which one of the parties delivers to the other a sum of money, or commodities, or other movable or fungible things, to receive for their use a profit

Loan for use. A contract by which one of the parties delivers an article to the other, to be used by the latter, the borrower agreeing to return the specific article after having u

The term "pre-tax profits" means— (A) except as provided in subparagraph (B), for any fiscal year of any person, such person's consolidated net income (excluding any extr

To feign or simulate; to hold that out as real which is false or baseless. Brown v. Perez (Tex. Civ. App.) 25 S. W. 983; Powell v. Yeazel, 46 Neb. 225, 64 N. W. 696. As to the rule

See False PRETENSE.

or PRETENCED (Law Lat. praetensum). In old English law. Pretended; claimed. Where a party out of possession of lands or tenements claimed or sued for the possession, he was said to

Pretended.

Where one is in possession of land, and another, who is out of possession, claims and sues for it. Here the pretensed right or title is said to be in him who so claims and sues for

The statute 32 Henry VIII, c. 9, that no one shall sell or purchase any pretended right or title to land unless the vendor hath had the profits thereof for one year. See 4 Bl. Comm

In equity pleading. Allegations sometimes made in a bill for the purpose of negativing an anticipated defense. Hunt, Eq. pt. 1, c. 1.

In French law. The claim made to a thing which a party believes himself entitled to demand, but which is not admitted or adjudged to be his. The words "rights," "actions," and "pre

A testator’s failure to provide in his will for one who would succeed to a legitime. See Legitime .

Not agreeable to law. PRETERITION (Lat. praeter and eo, to go by). In civil law. The omission by a testator of some one of his heirs who is entitled to a legitime (g. v.) in the su

the pre-termination hearing has one function only: to produce an initial determination of the validity of the welfare department's grounds for discontinuance of payments in order t

In the. law of wills. The intentional passing over without making provision for a child or legal heir or next of kin. Same as "preterition," which is the strictly proper term. PRET

One which was available to a party and of which he might have had the benefit if he had pleaded it in due seasoq, but which cannot afterwards be heard as a basis for affirmative re

pretext for discrimination," we think the sentence must be understood as addressing the form rather than the substance of the defendant's production burden: The requirement that th

In international law. Reasons alleged as Justificatory, but which are so only in appearance or which are even absolutely destitute of all foundation. The name of "pretexts" may lik

or PRECIUM (Lat. price; value). In the civil law. The price of a thing sold, which properly consisted in counted money; pretium in numerata pecunia consistere debet. Inst. 3. 24. 2

Sentimental valuation of property.

The compensation or charge for a risk.

A mortuary, (g. vt)

The price stands in the place of the thing sold. 1 Bouv. Inst, note 939; 2 Bulst. 312.

Same as Praetor.

In Scotch law. A court house, or hall of justice. 3 How. St. Tr. 425.

state refusal of a request to engage counsel violates due process not only if the accused is deprived of counsel at trial on the merits, but also if he is deprived of counsel for a

The term "pretrial diversion or similar program" means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon a

(Civil Law) A self-appointed tutor, legally unauthorized. See Tutor .

In’Scotch law. The tenant of “afeu; afeu-vassal. ell.

gain victory by virtue of strength or superiority: win mastery: triumph.

For purposes of subsection (c)(3)(B)(i), the term “prevailing commissioners’ standard tables” means the most recent commissioners’ standard tables prescribed by the National Associ

The term “prevailing party” means any party in any proceeding to which subsection (a) applies (other than the United States or any creditor of the taxpayer involved)— (i) which— (I

“prevailing rate employee” means— (A) an individual employed in or under an agency in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskille

The term "prevailing State assumed interest rate" means, with respect to any contract, the highest assumed interest rate permitted to be used in computing life insurance

Wages, scale of wages, wage rates, minimum wages, and prevailing wages.—The terms “wages”, “scale of wages”, “wage rates”, “minimum wages”, and “prevailing wages” include— (A) the

In civil law. The acting with unfaithfulness and want of probity. The term is applied principally to the act of concealing a crime. Dig. 47. 15. 6. PREVENTION (Lat. preveniato, to

To hinder; to obstruct; to intercept. Burr v. Williams, 20 Ark. 185. It is held not to mean to obstruct by physical force; 17 Q. B. 145. PREVENTION (Lat prevenire, to come before).

The term “prevention” means any activity undertaken to avoid, prevent, or stop a threatened or actual act of terrorism. / In this section, the terms “early intervention”, “educatio

The term “prevention activities” means activities that address the causes of developmental disabilities and the exacerbation of functional limitation, such as activities that— (A)

The term “prevention and treatment” includes, as appropriate— (A) efforts to identify, and the identification of, Indians who are at risk with respect to, or who are abusers of, al

The statute 34 & 35 Vict. c. 112, passed for the purpose of securing a better supervision over habitual criminals. This act provides that a person who is for a second time convicte

The terms “prevention of weapons of mass destruction proliferation and terrorism” and “prevention of WMD proliferation and terrorism” include activities under— (A) the programs spe

The terms “prevention of weapons of mass destruction proliferation and terrorism” and “prevention of WMD proliferation and terrorism” include activities under— (A) the programs spe

“prevention services” means necessary services to prevent adolescent sexual relations, including the services described in subparagraphs (A), (D), (E), (G), (H), (M), (N), (O), and

The term “preventive controls” means those risk-based, reasonably appropriate procedures, practices, and processes that a person knowledgeable about the safe manufacturing, process

The term “preventive health services” means— (A) periodic medical and dental examinations; (B) patient health education (including nutrition education); (C) maintenance of drug use

One which prohibits the defendant from doing a particular act or commands him to refrain from it.

The system of measures taken by government with reference to the direct prevention of crime. It generally consiste in obliging those persons whom there ls probable ground to suspec

The term “preventive maintenance” includes pavement preservation programs and activities.

For purposes of this section, the term “preventive measures” means actions which eliminate the reasonable likelihood of asbestos-containing material becoming damaged, deteriorated,

The name given in England to the coast-guard or armed police, forming a part of the customs service, and employed in the prevention and detection of smuggling. Previous intentions