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.
The term “reasonable litigation costs” includes— (A) reasonable court costs, and (B) based upon prevailing market rates for the kind or quality of services furnished— (i) the reaso
The reasonable man, then, to whose ideal behavior we are to look as the standard of duty, will neither neglect what he can forecast as probable, nor waste his anxiety on events tha
the reasonably anticipated needs of the business.
There is no formula for the determination of reasonableness. Each case is to be decided on its own facts and circumstances
The question is one of the reasonableness of a rate, and such a question was said to be one of fact. ... the conclusions of the Commission are subject to review if it excluded 'fac
Snch notice or information of a fact as may fairly and properly be expected or required in the particular circumstances. Sterling Mfg. Co. v. Hough, 49 Neb. 618, 68 N. W. 1019; Mal
The test is whether the defendant has had 'a reasonable opportunity to have the issue as to the claimed right heard and determined' by the State court.
The statutory command for notice embodies a basic principle of justice—that a reasonable opportunity to be heard must precede judicial denial of a party's claimed rights.
A necessary corollary is that a defendant must be given a reasonable opportunity to employ and consult with counsel; otherwise, the right to be heard by counsel would be of little
Reasonable opportunity to show cause,' as used in § 312(b), comprehends in the light of § 4(j) and this Court's prior decisions that the Commission shall have broad discretion in d
the officers conducting the search have 'reasonable or probable cause' to believe that they will find the instrumentality of a crime or evidence pertaining to a crime before they b
The portion of a man’s goods which by law went to his wife and children at his death.
The term “reasonable payment” means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such ser
A power to charge an estate with reasonable portions or fortunes for younger children and for their maintenance and education is sufficiently certain to be capable of execution, an
the term “reasonable premiums” means premium amounts determined by the Secretary to be reasonable in light of the amount of investment subject to the risk and premiums charged in s
not only trackage, but all other terminal facilities, all of which are brought under jurisdiction of the Commission.
Adequate, sufficient, lawful, or legal provocation. See 74 Mo. 207.
Same as Ordinary care.
whether a candidacy limitation is a 'reasonable qualification' within the meaning of §401(e) must be measured in terms of its consistency with the Act's command to unions to conduc
See Interstate Commerce Commission; Rates.
the term “reasonable return” means— (A) if a rail carrier is not in reorganization, the cost of capital to the rail carrier, as determined by the Board; and (B) if a rail carrier i
The description of the stevedore's obligation as one of performance with reasonable safety is not a reference to the reasonable man test pertaining to negligence, but a delineation
Such skill as is ordinarily possessed and exercised by persons of common capacity, engaged in the same business or employment. Mechanics' Bank v. Merchants' Bank, 6 Mete. (Mass.) 2
Such skill as is ordinarily possessed and exercised by persons of common capacity, engaged in the same business or employment. Mechanics Bank at Baltimore v. Bank, 6 Mete. 26.
What constitutes a reasonable time depends upon the circumstances of the particular case. As applied to a case like this, it means such time as is necessary conveniently to transpo
It is a sound principle, that where a statute of limitations prescribes the time within which suit shall be brought or an act done, and a part of the time has elapsed, effect may b
What will excuse a delay, apparently unreasonable, so as to repel the charge of a deviation on that account, must ever be and ought to be a question of law, to be decided by a Cour
The adverb reasonably, whatever it may originally have meant, as now used, qualifies the condition of things as well as the conduct of persons. One of its definitions is, "in a mod
The term “reasonably allocate” means to apportion in a manner appropriate to the circumstances. / The term “reasonably allocate” means to apportion in a manner that would be approp
the authority which we recognize today under § 152(a) is restricted to that reasonably ancillary to the effective performance of the Commission's various responsibilities for the r
of preventing manipulative acts, without suggesting any change in the meaning of the term "manipulative' itself.'' 472 U.S., at 11, n. 11, 105 S.Ct., at 2464 n. 11.
approximately equivalent," or "roughly equivalent." One could, wé suppose, torture it into meaning "as close to equivalent as can reasonably be expected" — in which event even a va
only "as close to equivalent value as is reasonable," the statute might as well have said "reasonably infinite value." We are baffled by the dissent's perception of a "patent" diff
except for an absurd example involving communications with Lithuanian police officers, "ante, "at 678 — which obviously would not be "reasonably possible" either.
In the context of a carrier's departure from a collective bargaining agreement during a lawful strike, 'reasonably necessary' must be 'construed strictly': the carrier 'must respec
In this paragraph, the term “reasons beyond the control of the recipient” means, after making reasonable efforts, there remain— (i) delays in obtaining or the absence of title stat
The reasons why presentment should be made to the drawee are, first, that he may judge of the genuineness of the bill; secondly, of the right of the holder to receive the contents;
- Reassurancedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Same as Reinsurance.
A second attachment of him who was formerly attached, and dismissed the court without day, by the not coming of the justices, or some such casualty. Reg. Grig. 35.
For purposes of this subsection, the term “rebatable integrated benefits” means such non-drug supplemental benefits under subclause (I) of section 1395w–24(b)(1)(C)(ii) of this tit
- rebatedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
transportation at a less rate in dollars and cents than the published rate which the shipping public are charged
The term "rebate period" means, with respect to an agreement under subsection (a), a calendar quarter or other period specified by the Secretary with respect to the payme
The term “rebate period CPI–U” means, with respect to a calendar quarter described in subparagraph (C), the greater of the benchmark period CPI–U and the consumer price index for a
A citizen or subject who unjustly and unlawfully takes up arms against the constituted authorities of the nation, to deprive them of the supreme power, either by resisting their la
- Rebelliondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
In criminal law. The taking up arms traitorously against the government; the forcible opposition and resistance to the laws and process lawfully issued. If the rebellion amount to
COMMISSION OF. In old English practice. A writ issuing out of chancery to compel the defendant to appear.
In equity practice. A process of contempt issued on the non-appearance of a defendant.
A gathering of twelve persons or more,.intending, going about, or practicing unlawfully and of their own authority to change any laws of the realm; or to destroy the inclosure of a
Ifr. That may be put or thrust back or rebutted; rebuttable,
To repel or bar. The action of the heir by the warranty of his ancestor is called "rebut" or "repel." REBUS SIC STANTIBUS (Lat.) At this point of affairs; in the condition of thing
To repel or bar. The action of the heir by the warranty of his an-costor is called "to rebut or repeL" 2 Co. Litt 247.
The term “rebuilding” means the repairing or reconstructing of portions of a multifamily property where the cost of the alterations is 70 percent or more of the replacement cost of
For purposes of this subparagraph, the term “rebuilt multifamily property” means a multifamily property of 4 or more stories above ground level— (I) that is rebuilt after the last
The term “reburial site” means a specific physical location at which cultural items or human remains are reburied.
I. The circumstances complete [yet unchanged].
While things thus stand.
Lat. At this point of affairs; in these circumstances.
- Rebutdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
To contradict; to do away. Thus, every homicide is presumed to be murder unless the contrary appears from evidence which proves the death; and this presumption it lies on the defen
To defeat an apparent equitable right or claim, by the introduction of evidence showing that, in the particular circumstances, there is no ground for such equity to attach, or that
- rebuttable presumptiondefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
the legal effect of the presumption was to cast upon the railroad company the duty of producing some evidence to the contrary, whereupon the inference was at an end, and the questi
Testimony addressed to evidence produced by the opposite party. See 69 Cal. 255, 10 Pac. 674.
- Rebutterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
In pleading. The defendant's third pleading, being his answer to the surrejoinder.
As applied to evidence, evidence adduced on the part of a plaintiff or prosecutor to repel or counteract evidence on the part of a defendant or prisonei-; any evidence adduced to c
That evidence which is given by a party in the cause to explain, repel, counteract, or disprove facts given in evidence on the other side. The term "rebutting evidence" is more par
The term “recalcitrant account holder” means any account holder which— (A) fails to comply with reasonable requests for the information referred to in subsection (b)(1)(A) or (c)(1
In this section, the term “recalcitrant cancer” means a cancer for which the five-year relative survival rate is below 50 percent.
the term "recall" means the dispatch of a notice by a contractor, via mail, courier, or electronic mail, to an involuntarily furloughed employee notifying the employee th
To reverse a judgment on a matter of fact. The judgment is then said to be recalled or revoked; and when it is reversed for an error of law, it is said simply to be reversed, quod
There was not that reshuffling of a capital structure within the framework of an existing corporation contemplated by the term 'recapitalization'.
- Recaptiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
The act of a person who has been deprived of the custody of another, to which he is legally entitled, by which he peaceably regains the custody of such person; or of the owner of p
- Recapturedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
Besides, recapture by force of the term would seem most properly applied to cases where an inchoate title only was vested by capture, Can it be said in strict propriety of language
For purposes of subparagraph (A), the term “recapture amount” means any amount allowable as a deduction to the taxpayer which, but for an election under subsection (d)(3), would ha
For purposes of this subsection, the term “recapture event” means— (A) The cessation of the operation of the facility as a qualified child care facility. (B) (i) Except as provided
For purposes of paragraph (1), the term “recapture income” means, with respect to any installment sale, the aggregate amount which would be treated as ordinary income under section
For purposes of this subsection, the term “recapture period” means the 15 taxable years beginning with the second taxable year following the taxable year in which the purchase of t
potins qnain injnrite et delicta maiieant impiinita, /. Positive rules of law (as distinguished from maxims or conclusions of reason) will be receded from [given up or dispensed wi
POTIus quam injuriae et delicta maneant impunita. Positive rules of law will be receded from rather than crimes and wrongs should remain unpunished. Bac. Max. reg. 12; Broom, Leg.
- Receditur a placitis juris, potius quam injuriae et delicta maneant impunitadefined inBlack's (1910)
Positive rules ot law [as distinguished from maxims or conclusions of reason] will be receded from, [given up or dispensed with,] rather than that crimes and wrongs should remain u
- Receditur a pladtis juris potius quam injuriae et delicta maneant impunitadefined inBallentine's (1916)
Settled law will be departed from rather than that wrongs and crimes remain unpunished.
- receiptdefined inU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
The term “receipt” means a warehouse receipt issued in accordance with this chapter, including an electronic receipt.
One containing a declaration of the payment of a certain sum in full of all claims of a certain kind, or of all demands. See 48 N. Y. 204, 8 Am. Rep. 539.
In old English law. The receiving or harboring of a felon knowingly.
- Receiptordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In Massachusetts. A name given to the person who, on a trustee proforthcoming on demand, or in time to respond the judgment, when the execution shall be issued; upon which the good
“receivable” means right to payment, whether or not such right has been earned by performance; and
the amounts must be received as the result of a transaction which involved an actual 'insurance risk' at the time the transaction was executed
It may apply to the obtaining real property, as well as personal. Harlow v. Tufts, 4 Cush. 448, 453.
The word 'received,' as applied to dividends, is not entirely clear, since there are different times at which it reasonably may be claimed the taxpayer receives them. To meet this
- Receiverdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
A receiver is an indifferent person between parties, appointed by the court to receive the rents, issues, or profits of land, or other thing in question in this court, pending the
One who receives and conceals stolen goods; a person appointed by a court of equity to take possession of property the subject of litigation and to care for the same, under directi
A receiver is not a corporation, and, therefore, not within the terms of a statute applicable to railroad companies, even though cattle from an infected district transported by him
the receiver is not an ordinary chancery receiver or arm of the court appointing him, but a quasi assignee and representative of the creditors; and when the order levying the asses
An officer of the duchy court, who collects all the revenues, fines, forfeifures, and assessments within the duchy.
In English law. An officer appointed in every county to receive the taxes granted by parliament, and remit the money to the treasury.
An English county tax col lector.
An English officer who receives the money from persons who compound with the crown on original writs sued out of chancery. Wharton.
By statutory provision, the receiver of stolen goods, knowing them to have been stolen, may be punished as the principal, in perhaps all the states. To make this offence complete,
One who receives into his possession or under his control, with felonious intent, any stolen goods or chattels with knowledge that they have been stolen. See 204 111. 233, 68 N. E.
An English officer who receives the money from persons who compound with the crown on original writs sued out of chancery. Wharton. RECEIVERS AND TRIERS OF PETItlons. The mode of r
One appointed to take charge of a fund or property to which the receivership extends while the case remains undecided. See 71 N. Y. 3iM5, 27 Am. Rep. 60.
The mode of receiving and trying petitions to parliament was formerly judicial rather than legislative, and the triers were committees of prelates, peers, and judges, and, latterly