Law Dictionary

A quasi contract to repay money paid under mistake.

Lat. In the civil law. A great-grandson. Inst. 3, 6, 1; Bract, fol. 67

Lat In the civll law. A great-granddanghter. Inst 3, 6, 1; Bract fol. 67.

As though not written.

First notary. See PaoTHONOTARY.

To utter formally, officially, and solemnly; to declare aloud and in a formal manner. In this sense a court is said to "pronounce" judgment or a sentence. See Ex parte Crawford, 36

See Blank, 2. The use of -" he " in an instrument, in referring to a -person whose Christian name is designated by an 'initial, is not conclusive that the person is a male. Parol e

I. In old English law. Delivery dict.

In Fr. A sentence or decree. Kelham.

Lat In the civll law. The wife of a grandson or great-grandson. Dig. 38, 10, 4, 6.

The conviction or persuasion of the mind of a judicial tribunal by the exhibition of evidence of the reality of a fact alleged. See "Evidence."

The whole process of proof, allowance, and distribution is, shortly speaking, an adjudication of interests claimed in a res.

the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged

In Scotch law, dispensing with positive testimony as to matters of common knowledge or general notoriety, the same as the "judicial notice" of English and American law. See Notice.

The term “proof gallon” means a United States gallon of proof spirits, or the alcoholic equivalent thereof.

A proof of claim is, of course, prima facie evidence of its validity.

The formal establishment by a creditor of his debt or claim, in some prescribed manner. (as, by his affidavit or otherwise,) as a preliminary to its allowance, along with others, a

The simplest and best proof of handwriting is the testimony of one who saw the signature actually written; and inferior evidence as to his handwriting is not competent, until it ha

Such a statement of facts, reasonably verified, as, if established in court, would prima facie require payment of the claim under a policy of insurance. See 137 Am. St. Rep. 719, n

A term having the same meaning as "probate," (q. v.,) and used interchangeably with it.

Proof of disputed will by witnesses.

In equity proceedings the proofs and allegations must agree. A party can no more succeed upon a case proved, but not alleged, than upon a case alleged, but not proved.

The term “proof spirits” means that liquid which contains one-half its volume of ethyl alcohol of a specific gravity of 0.7939 at 60 degrees Fahrenheit (referring to water at 60 de

In lieu of all service.

For work and labor.

The term “propagational material” means any plant material used in the propagation of cut flowers, potted flowering plants, and foliage plants, including cuttings, bulbs and corms,

The term "propagation model" means a mathematical formulation for the characterization of radio wave propagation as a function of frequency, distance, and other condition

the term “propane” means a hydrocarbon whose chemical composition is predominantly C 3 H 8 , whether recovered from natural gas or crude oil, and includes liquefied petroleum gases

I. I. In old English law. Division of partition; an allotted share, or pourpart.

An ancient writ for partition of lands between coheirs. Reg. Orig. 316.

Lat. In the civil law. A great-grandfather's brother. Inst 3, 6, 3; Bract fol. 68b. —Propatruus magnus. In the civil law. A great-great-uncle.

In the civil law. A great-great-uncle.

In this chapter, the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas

of verifying that the employer has accurately determined the class of covered employees.

the First Auditor and the First Comptroller, It is consequently argued that the settlement upon which the defendant relies constitutes no obstacle to the examination of the items o

expenditures are not 'proper' within the meaning of the Act where the claimant cannot show that they were made in furtherance of a project exclusively devoted to the interests of t

See Feodum proprium .

The original and genuine feuds held by pure military service.

The proper function of a court, on a writ of error, is to pass its judgment upon the points excepted to in the opinion of the court below; and not to decide the law of the case, in

The term “proper identification” has the meaning of such term as used under section 1681h of this title .

Proper lookouts are competent persons other than the master and helmsman, properly stationed for that purpose, on the forward part of the vessel; and the pilot-house in the night t

“Properly identified employee of the Department of Agriculture” means an employee of that Department authorized to enforce the provisions of the Plant Quarantine Act [7 U.S.C. 151

The term “properly trained and certified” means training and certification in the proper use of approved refrigerant recycling equipment for motor vehicle air conditioners in confo

The term “properly using” means, with respect to approved refrigerant recycling equipment, using such equipment in conformity with standards established by the Administrator and ap

A proper party, as distinguished from a necessary party, is one who has an interest in the subject-matter of the litigation, which may be conveniently settled therein; one without

federal authorities must apply what they find to be the state law after giving 'proper regard' to relevant rulings of other courts of the State. In this respect, it may be said to

the right or interest which one has in lands or chattels, and so domestic is this peculiar species of property that it domesticates the owner.

Certainly 'property' as used in § 112(b)(5) includes such an interest in property [i.e., an equitable claim in or to property held by a beneficial owner or equitable claimant, even

The main thrust of §70a(5) is to secure for creditors everything of value the bankrupt may possess in alienable or leviable form when he files his petition. To this end the term 'p

In this subparagraph, the term "Property Assessed Clean Energy financing" means financing to cover the costs of home improvements that results in a tax assessment on the

“property-carrying unit” means any part of a commercial motor vehicle combination (except the truck tractor) used to carry property, including a trailer, a semitrailer, or the prop

that 16 SCHWAB v. REILLY Opinion of the Court III The Court of Appeals erred in holding that our decision in Taylor dictates a contrary conclusion.

Property becomes clothed with a public interest when used in a manner to make it of public consequence and affect the community at large.

property held by the taxpayer' as used in § 101(c)(8) embraces not only full ownership but also any interest whether vested, contingent, or conditional

The term “property held for investment” shall include— (i) any property which produces income of a type described in section 469(e)(1), and (ii) any interest held by a taxpayer in

To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, in

Property interests, of course, are not created by the Constitution. Rather they are created and their dimensions are defined by existing rules or understandings that stem from an i

The word 'property' as applied to trademarks and trade secrets is an unanalyzed expression of certain secondary consequences of the primary fact that the law makes some rudimentary

The substance of these cases is that, while the property is at rest for an indefinite time, awaiting transportation, or awaiting a sale at its place of destination, or at an interm

The term “property management contract” includes facility use contracts, site management contracts, leases, and other agreements entered into under the authority of this chapter. /

The term “property manager” includes any person or entity managing an eligible facility made available under the ARMS Initiative through a property management contract. / The term

it is the usage of all the civilized nations of the world, when territory is ceded, to stipulate for the property of its inhabitants. An article to secure this object, so deservedl

only the property to which the bankrupt is beneficially entitled, and do not include property to which he has only a bare legal title.

all legal or equitable interests of the debtor in property as of the commencement of the case.

Such property, for the most obvious reasons of public policy, cannot be seized by authority of another sovereignty, against the consent of the government.

The insured has the right under the policy contract to compel the insurer to pay him this sum upon surrender of the policy. This right may be borrowed against, assigned or pledged.

It would be anomalous to view as 'property' subject to lien proceeds never within the insured's reach to enjoy, and which are reducible to possession by another only upon the insur

Analysis of this clause discloses three distinct requisites: (1) The existence of a general power of appointment; (2) an exercise of that power by the decedent by will; and (3) the

A qualified property in animals acquired by reclaiming or confining them.

A qualified property which one has in animals ferae naturae, which are on his premises, and unable, by immaturity, to leave them. It, is lost when such animals become able to leave

A qualified property in wild animals by reason of a privilege of hunting them, to the exclusion of others. 2 Bl. Comm. 394. PROPINQUIOR EXCLUDIT PROPINquum; proplnquus remotum; et

The common-law right of every land owner to kill and take animals ferae naturae found on his land. See 75 Vt. 335, 55 Atl. 656.

There is an essential difference between a substantial property right which may be enjoyed until taken away in the appropriate exercise of a paramount authority, and an uncertain a

not all economic interests are 'property rights'; only those economic advantages are 'rights' which have the law back of them, and only when they are so recognized may courts compe

a property settlement made for the purpose of maintaining or supporting the wife may be treated for income tax purposes as mere security for the husband's continuing obligation dep

In the case of the amounts described in subsection (a), there shall be disallowed the amount by which the deductions specified therein exceed the value, at the time of the decedent

In this section, the term “property support service” means the following: (1) Any utility service or other service listed in section 2686(a) of this title . (2) Any other service d

In English law, this is understood to be an income tax payable in respect to landed property. In America, it is a tax imposed on property, whether real or personui, as distinguishe

By whatever name the exaction may be called, if it amounts to no more than the ordinary tax upon property, or a just equivalent therefor, ascertained by reference thereto, it is no

The term “property under the jurisdiction of the Department of Defense” includes commissaries, all facilities operated by the Army and Air Force Exchange Service, the Navy Exchange

property used in the trade or business, of a character which is subject to the allowance for depreciation provided in section 23(l), held for more than 6 months, and real property

Section 32 is not concerned, of course, with any showing that the director in question has in fact been derelict in his duties or has in any way breached his fiduciary obligation t

(Mexican) Property of any kind. See 1 N. M. 5fi3.

Lat. The nearest of kin to a deceased person.

The one nearer excludes the one who is near; the near, the remote; and the remote, the more remote.

Co.. Litt 10. He who is nearer excludes him who is near; he who is near, him who is remote; he who is remote, him who is remoter.

Relationship; consanguinity.

Near; next of kin; a kinsman.

Lat. In the civil law. The sen or daughter of a great-uncle or great-aunt, paternal or maternal. Inst. 3, 6, 3.

or PROPRIOS. In Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America, as the unalienable property of the town, for the purpose o

In Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America as the unalienable property of the town, for the purpose of erecting pub

f. In old English law. Near; near excludit propinquam, proplnquus reiuotum, rem: the nearer [heir] excludes the near; the mote; the remote [excludes] the remoter.

In Scotch Law. To state. To propone a defense is to state or move it. 1 Karnes, Eq. pref. In Ecclesiastical and Probate Law. To bring forward for adjudication; to exhibit as basis

In ecclesiastical law. One who propounds a thing; as, "the party proponent doth allege and propound." 6 Bcc. 356, note. He who propounds a will for probate.

I. In old English law. To offer, forth; to propound.

Proportatio. L. Lat. In old records. The purport, tenor or substance of a thing; a report or relation of a matter. Called proport. Spelman. In old Scotch law. A verdict; called the

The term “proportion” means, with respect to the allotment of a subsection (b) State for a fiscal year, the amount of the allotment of such State under this subsection for the fisc

the most reasonable construction of § 2(d) is one which places on the supplier the responsibility for making promotional allowances available to those resellers who compete directl

A proportional rate is a rate put in to cover business . . . coming to our lines from other points, applying to commodities where we have no through rates. It is put in in order to

In old records. Purport; intention or meaning. Cowell.