Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
That wherein the mind is clouded and weakened, but not incapable of remembering, reasoning and judging. See 50 N. H. 369, 9 Am. Rep. 242.
A loss of a part of a thing, or of its value, as contrasted with a total loss. In Maritime Law. Where this happens by damage to an article, it is also called a particular average (
The term “partially exempt methanol or ethanol fuel” means any liquid at least 85 percent of which consists of methanol, ethanol, or other alcohol produced from natural gas.
The term “partially pooled account” means a part of an unemployment fund in which part of the fund all contributions thereto are mingled and undivided, and from which part of the f
The terms “tied aid credit” and “partially untied aid credit” mean any credit which— (A) has a grant element greater than zero percent, as determined by the Development Assistance
In this section, the term “partial mobilization” means the mobilization resulting from action by Congress or the President, under any law, to bring units of any reserve component,
Where the practice permits a partial new trial, it may not properly be resorted to unless it clearly appears that the issue to be retried is so distinct and separable from the othe
For purposes of this subparagraph, the term “partial qualifying APM participant” means, with respect to a year, an eligible professional for whom the Secretary determines the minim
The term “partial separation” means, with respect to an individual who has not been totally separated, that he has had— (A) his hours of work reduced to 80 percent or less of his a
For purposes of this paragraph, the term “partial tax” means the partial tax imposed by subsection (a)(2) determined under this subsection without regard to this paragraph.
the finding of the court against the prisoner was what is known in the administration of criminal law as a partial verdict, in which the accused is acquitted of a part of the accus
The term “partial withdrawal” means a partial withdrawal described in section 1385 of this title .
Lat. In Roman law. A legatee who was entitled, by the directions of the will, to receive a share or portion of the inheritance left to the heir.
In old English law. divisible among all the sons.
Lands which might be divided; lands held in gavelkind. See 2 Poll. & Maitl. 208, 271; Gavelkind.
Lat. A participant; a sharer; anciently, a part owner or parcener. —Particeps criminis. A participant in a crime; an accomplice. One who shares or co-operates in a criminal offense
- Particeps Criminisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
A sharer or partaker in crime. Applied, also, to persons participating in an illegal or immoral transaction or contract not criminal. One _may he particeps criminis, and not in par
- Particeps plures sunt quasi unum corpus in eo quod unum jus habent et oportet quod corpus sit inte-gnim, et quod in nulla parte sit defectusdefined inBallentine's (1916)
Many partners are as it were one body in this, that they have one right and it is necessary that the body be perfect and that there be no defect in any part.
any employee or former employee of an employer, or any member or former member of an employee organization, who is or may become eligible to receive a benefit of any type from an e
As used in this subparagraph, the term “participate” or “participation” refers to multilender transactions, including syndications, assignments, loan participations, subparticipati
Participate actively in hostilities.—The term "participate actively in hostilities" means taking part in— (A) combat or military activities related to combat, including s
the term “participated” means an action taken as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other su
“participate in management”— (A) (i) means actually participating in the management or operational affairs of a vessel or facility; and (ii) does not include merely having the capa
In this subsection the term “participates in a noncontiguous domestic trade” means directly or indirectly owns, charters, or operates a vessel engaged in transportation of cargo be
The term “participating agency” means a department or agency of the Federal Government that is represented on the Council by a member under subsection (b). / “participating agency”
The term “participating county” means an eligible county that elects under section 7112(d) of this title to expend a portion of the Federal funds received under section 7112 of thi
The term "participating dairy operation" means a dairy operation that registers under section 9054 of this title to participate in dairy margin coverage.
The term "participating educational institution" means an educational institution that— (I) (aa) during the five-academic-year period occurring before an academic year du
The term "participating emergency facility" means, with respect to an item or service and a group health plan, an emergency department of a hospital, or an independent fr
The term "participating entity" means an eligible entity that has entered into an agreement under this section.
The term “participating facility” means— (A) with respect to emergency services (as defined in clause (i) of section 300gg–111(a)(3)(C) of this title ) that are not described in cl
The term "participating family" means an eligible family that is participating in the Family Self-Sufficiency program under this section.
The term "participating Federal agency" means a Federal agency participating in an environmental review or authorization of an action.
the term "participating financial institution" means any financial institution that has entered into a participation agreement with a participating State in accordance wi
Participating fleet vessel.—The term "participating fleet vessel" means any vessel that— (A) on October 1, 2015— (i) meets the requirements of paragraph (1), (2), (3), or
the term “participating foreign countries” means those foreign countries which cooperate with the United States in carrying out the purposes of this section.
The term "participating health care facility" means, with respect to an item or service and a group health plan, a health care facility described in clause (ii) that has
The term "participating hospital" means a hospital that has entered into a provider agreement under section 1395cc of this title.
“Participating institution” means each qualified institution in a State, which participates in the administration or execution of the State technical services program as provided b
The term “participating jurisdiction” means any State or unit of general local government that has been so designated in accordance with section 12746 of this title . / The term “p
is engaged in the same industry, trade, craft, or occupation in which such dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any as
The term "participating partnership" means an eligible partnership for which the Secretary has approved a donation and distribution plan for eligible milk under subsectio
The term “participating payee” means— (i) in the case of a payment card transaction, any person who accepts a payment card as payment, and (ii) in the case of a third party network
The term “participating physician” refers, with respect to the furnishing of services, to a physician who at the time of furnishing the services is a participating physician (under
Any physician or supplier may voluntarily enter into an agreement with the Secretary to become a participating physician or supplier. For purposes of this section, the term “partic
The term “participating program” means a levee safety program developed by a State, regional district, or Indian tribe that includes the minimum components necessary for recognitio
The term "participating provider" means, with respect to an item or service and a group health plan, a physician or other health care provider who is acting within the sc
The term “participating responder” means an individual described in paragraph (4)(A).
In order to encourage small business investment companies to provide equity capital to small businesses, the Administration is authorized to guarantee the payment of the redemption
The term “participating State” means each State. / The term “participating State” means each State. / the term "participating State" means any State that has been approve
The term "participating tribe" means an Indian tribe that elects to exercise special Tribal criminal jurisdiction over the Indian country of that Indian tribe.
The term "participating uniformed service" means the Army, Navy, Air Force, Marine Corps, and Space Force, and any other uniformed service that is covered by an agreement
The term “participating working interest owner” means a gas or oil owner which elects to bear a share of the risks and costs of drilling, completing, equipping, gathering, operatin
co-operation in the transportation more than is involved in presence on the transporting vehicle, with the knowledge that an explosive is being carried, I can perceive no ground fo
The term “participation agreement” means an agreement, between the Secretary and a rural business investment company granted final approval under section 2009cc–3(e) of this title
The term "participation in a venture" means knowingly assisting, supporting, or facilitating a violation of subsection (a)(1).
For purposes of this paragraph, the term “participations and residuals” means, with respect to any property, costs the amount of which by contract varies with the amount of income
the shipping of produce by Mason, who is not a capitulant, is a violation of the capitulation; and as the three partnerships were consenting to it, and neglected their interest wit
- Participes plures sunt quasi unum corpus in eo quod unum jus habent, et oportet quod corpus sit integrum, et quod in nulla parte sit defectusdefined inBlack's (1910)
Co. Litt. 4. Many parceners are as one body, Inasmuch as they have one right, and it is necessary that the body be perfect, and that there be a defect in no part.
The term “particleboard” means a panel composed of cellulosic material in the form of discrete particles (as distinguished from fibers, flakes, or strands) that are pressed togethe
A parcel of land.
This term, as used in law, la almost always opposed to "general," and means either individual, local, partial, special or belonging to a single person, place or thing. —Particular
If the person against whom fraud is alleged, should be proved to have been guilty of it in any number of instances; still, if the particular act sought to be avoided, be not shown
Every kind of expense or damage, short of total loss, which regards a particular concern, and which is to be wholly borne by the proprietor of that concern or interest alone. 2 Phi
See "Averment."
The assertions of particular facts. There must be an averment of every substantive material fact on which the party relies, so that if may be replied to by the opposite party. —^Ne
The term "particular cancer" means one specific type of cancer or a type of cancers scientifically proven to have the same cause.
A custom which only affects the inhabitants of some particular district. To be good, a particular custom must have been used so long that the memory of man runneth not to the contr
An estate which is carved out of a larger, and which precedes a remainder; as, an estate for years to A., remainder to be for life; or an estate for life to A., remainder to B. in
In a pleading, affidavit or the like, is the detailed statement of particulars.
[T]he constitutional requirement that warrants must particularly describe the 'things to be seized' is to be accorded the most scrupulous exactitude when the 'things' are books, an
The burden is on the defense to show that 'a particularized need' exists for the minutes which outweighs the policy of secrecy.
A right which a person has to retain property in respect of money or labor expended on such particular property. See "Lien."
The term “particularly severe violations of religious freedom” means systematic, ongoing, egregious violations of religious freedom, including violations such as— (A) torture or cr
the testimony of live witnesses concerning material factual issues, it will seldom if ever be appropriate to deny a "de novo" hearing, since "[i]t is only when the witnesses are pr
Malice against a particular person. See "Malice."
the term “particular matter” includes any investigation, application, request for a ruling or determination, rulemaking, contract, controversy, claim, charge, accusation, arrest, o
One existing where the parties have united to share the benefits of a single individual transaction or enterprise. Spencer v. Jones (Tex. Civ. App.) 47 S. W. 665.
A power by which the donee is restricted to particular objects. See 3 Whart. (Pa.) 287, 31 Am. Dec. 502.
See "Bill of Particulars." PARTICULARS OF CRIMINAL charges. A prosecutor, when a charge is general is frequently ordered to give the defendant a statement of the acts charged, whic
In this phrase is included the professional services of an expert; Buchman v. State, 59 lnd. 13, 20 Am. Rep. 75; but not of a witness; Daly v. Multnomah Co., 14 Or. 20, 12 Pac. 11.
In an action brought, in England, for the infringement of letters patent, the plaintiff is bound to deliver with his declaration (now with his statement of claim) particulars (i. e
A prosecutor, when a charge is general, is frequently ordered to give the defendant a statement of the acts charged, which is called, in England, the "particulars" of the charges.
When property such as land, houses, shares, reversions, etc., is to be sold by auction, it is usually described in a document called the "particulars" copies of which are distribut
In Pennsylvania pleading and practice. A statement particularly specifying the date of a promise, book account, note, bond (penal or single), bill, or all of them, on which an acti
The holder of a particular estate (q. v.).
Span. Part; a part See Las Partidas,
Parties in that connection include all who are directly interested in the subject-matter, and who had a right to make defence, control the proceedings, examine and cross-examine wi
Parties to a deed or contract are those with whom the deed or contract is actually made or entered into. By the term "privies," as applied to contracts, is frequently meant those b
In this subparagraph, the term “parties associated with a regional center” means— (I) the regional center; (II) any new commercial enterprise or affiliated job-creating entity or i
On this point there may be given one general answer. No one need be made a party complainant in whom there exists no interest, and no one party defendant from whom nothing is deman
The court here points out three classes of parties to a bill in equity. They are: 1. Formal parties. 2. Persons having an interest in the controversy, and who ought to be made part
that parties shall be able to translate their popular support into legislative representation with approximately equal efficiency."); Iowa Code § 42.4 (5) (2016) ("No district shal
a public office for which a candidate may indicate a political party preference on his or her declaration of candidacy and have that preference appear on the primary and general el
“partisan political office” means any office for which any candidate is nominated or elected as representing a party any of whose candidates for Presidential elector received votes
Lat In the civil law. Partition; division. This word did not always signify dimidium, a dividing into halves. Dig. 50, 16, 164, L —Partitio legata. A testamentary partition. This t
A testamentary partition. This took place where the testator, in his will, directed the heir to divide the inheritance and deliver a designated portion thereof to a named legatee.
- Partitiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
The division whicli is made between several persons of lands, tenements, or hereditaments, or of goods and chattels, which belong to them as coheirs or coproprietors. The term is m
A partition is inchoate till made by all parties, or till made by one and accepted by the others: there must be a deed of partition, a partition in pais, or such acceptance of a de
The partition of a succession is the division of the effects of which the succession is composed, among all the co-heirs, according to their respective rights. Partition is volunta