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 Equal Protection Clause of the Fourteenth Amendment requires that the statutory ceiling placed on imprisonment for any substantive offense be the same for all defendants irresp
[I]t is very clear that amendment may not be substituted for construction, and that a court may not exercise legislative functions to save the law from conflict with constitutional
See Crime.
Those created by statutes, as distinguished from such as are known to, cr cognizable by, the common law.
The statutory rule, formulated after long experience, not merely compels restitution of profit and reparation for injury but also is designed to discourage wrongful conduct. The di
[T]he maximum and minimum provisions were intended to be applicable alike to all types of infringement except those for which the section makes other specific provision... the amou
That effected by a compliance with the statutory formalities. See 27 Am. Dec. 559, note.
In our opinion, the statute, as to the time of taking the bond and granting a clearance, is merely directory to the collector. It is undoubtedly his duty to comply with the literal
Where a duty is imposed for the protection of persons in particular situations or relations a breach of it which happens to result in injury to one in an altogether different situa
In this section, the term “statutory end strength” means any end-strength limitation with respect to a fiscal year that is prescribed by law for any military or civilian component
When the language of a statute is ambiguous, and it is said to contain a statutory exposition of the former act.
See Foreclosure.
We are of opinion that the question rests altogether on the wording of the act of Congress: by which it is expressly declared that the forfeiture shall take place upon the commissi
Nor is the issuance of an injunction necessary to stop proceedings in separate or independent suits upon such claims. Power to grant an injunction exists under § 4285, Revised Stat
A thing within the intention of the makers of the statute is as much within the statute as if it were within the letter
The provisions of the bankruptcy act, preventing an insolvent from giving or the creditor from securing preferences for preexisting debts, apply not only to mortgages and transfers
the words of § 5151 do not mean that the stockholder promises the creditor as surety for the debts of the corporation, but merely imposes a liability on him as secondary to those d
The term "statutory lien" means lien arising solely by force of a statute on specified circumstances or conditions, or lien of distress for rent, whether or not statutory
The statutory maintenance is thus assimilated to alimony, in that it is subject to be modified from time to time or even cut off entirely, in the event of a change in the circumsta
Liens of this kind were unknown in the common law and equity jurisprudence both of England and of this country. They were clearly defined and regulated in the civil law. Where they
An obligation arising under a statute. See Obligation.
For purpose of subparagraph (A), the term “statutory option stock” means any stock acquired through the exercise of an incentive stock option or an option granted under an employee
The term “statutory pay system” shall have the meaning given that term in section 5302(1) of title 5 . / the term “statutory pay system” means a pay system under— (A) subchapter II
It must be remembered that the purpose of this legislation is not primarily to enforce the collection of debts, but to compel the performance of duties which the carrier assumes wh
State legislation declaring that proof of one fact or a group of facts shall constitute prima facie evidence of the main or ultimate fact in issue is valid if there is a rational c
Statutory reasonableness is an abstract quality represented by an area rather than a pinpoint. It allows a substantial spread between what is unreasonable because too low and what
For purposes of paragraph (2)(A)(i), the term “statutory region-specific non-drug amount” means, for an MA region and year, an amount equal the sum (for each MA local area within t
A conveyance which superseded the old compound assurance by lease and release. It was created by St. 4 & 5 Vict. c. 21, which abolished the lease for a year. STATUTUM (Lat. statuer
When a cause of action has been created by a statute which expressly provides the remedies for vindication of the cause, other remedies should not readily be implied.
A general liability created by statute, without a remedy, may be enforced by an appropriate common-law action; but where the provision for the liability is coupled with a provision
The term “statutory reserves” means the aggregate amount set forth in the annual statement with respect to items described in section 807(c). Such term shall not include any reserv
As a general rule for the interpretation of statutes, it may be laid down, that they never should be allowed a retroactive operation where this is not required by express command o
The courts will not infer that Congress, in revising and consolidating the laws, intended to change their policy, in the absence of a clear expression of such purpose.
The opportunity having been conferred by the Naturalization Act, there is a statutory right in the alien to submit his petition and evidence to a court, to have that tribunal pass
An ancient writ that lay to take the body of a person and seize the lands and goods of one who had forfeited a bond called statute staple. Reg. Orig. 151.
His title is not the consequence of a decree of a court whereby a corporation still in being has made a compulsory assignment of its assets with a view to liquidation. His title is
The Act passed on the 29th of January, 1777, (2 State Laws 7.) declares that a tender shall amount to an actual payment and discharge; which is far more extensive than a tender at
Congress must be understood to use the word in its known commercial sense. The object of the duty laws is to raise revenue, and for this purpose to class substances according to th
the statutory workweek includes all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed workplace
The statute of Acton Burnell (g. v.) STATUTUM EX GRATIA REGIS DICItur, quando rex dignatur cedere de jure suo regie, pro commode et quiete populi sui. A statute is said to be by th
Lat. In the civil law. Established; determined. A term applied to judicial action. Dig. 50, 16, 46, pr. In old English law. A statute; an act of parliament. —Statutum de mercatorib
An affirmative statute does not derogate from the common law.
The statute of Acton Burnell ( q. v.). STATUTUM HIBERNIA DE COH/ERE-
- Statutum ex gratia regis dicitur, quando rex dignatur cedere de jnre sno regio, pro commodo et quiete populi suidefined inBlack's (1910)
2 Inst. 378. A statute is said to be by the grace of the king, when the king deigns to yield some portion of his royal rights for the good and quiet of his people.
- Statutum generaliter est intelligen-dnm quando verba statnti snnt specialia, ratio autem generalisdefined inBlack's (1910)
When the words of a statute are special, but the reason of it general, the statute is to be understood generally. 10 Coke, 101.
- Statutum generaliter est intelligen-dum quando verba statuti sunt specialia, ratio autem generalisdefined inBallentine's (1916)
When the words of a statute are special, but the reason is general, the statute is to be understood generally.
The statute 14 Hen. III. The third public act in the statute-book. It has been pronounced not to be a statute. In the form of it, it appears to be an instruction given by the king
In old English law. The statute session; a meeting in every hundred of constables and householders, by custom, for the ordering of servants, and debating of differences between mas
The Statute Sessions. A meeting in every hundred of constables and householders, by custom, for the ordering of servants, and debating of differences between masters and servants,
A special statute does not derogate from a special statute.
The stafute of Wales. The title of a statute passed in the twelfth year of Edw. I., being a sort of constitution for the principality of Wnies, which was thereby, in a great measur
In old records. A store or stock of cattle. A term of common occurs rence in the accounts of monastic establishments. Spelman; Cowell.
- staydefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A stay is not a matter of right, even if irreparable injury might otherwise result to the appellant. It is an exercise of judicial discretion. The propriety of its issue is depende
A stopping, an arrest or suspension, as of a judgment or sentence. Stay law: a statute relieving debtors from the oppressive use of remedies for the collection of debts.
Within the meaning of an insurance policy, covering a ship during her stay and trade at a place these words were held to mean during her stay there for the purpose of trade; a stay
The suspension of an action. Proceedings are stayed absolutely or conditionally. They are peremptorily stayed when the plaintiff is wholly incapacitated from suing: as, for example
Laws suspending remedies against debtors. They are adopted during periods of financial distress or depression. There were numerous instances in acts passed by the legislatures of t
- Stay Of Executiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
An arrest of the issuance of execution process on a judgment. It may be by direction of the judgment creditor for some cause which he conceives to be to his advantage, or it may be
A suspension of proceedings in a cause, either by an order of the court in the cause, or by some proceeding such as (in some states) an appeal which operates ipso facto as a suspen
The suppliant for a stay must make out a clear case of hardship or inequity in being required to go forward, if there is even a fair possibility that the stay for which he prays wi
A stay is not a matter of right, even if irreparable injury might otherwise result to the appellant. It is an exercise of judicial discretion. The propriety of its issue is depende
To steal means to take away from one in lawful possession without right with the intention to keep wrongfully.
This term imports, ex vi termini, nearly the same as larceny (2 G. Greene [Iowa] 311) but in common parlance it does not always import a felony; as, for example, you stole an acre
See Kidnapping.
Theft Is so called by Finch. "Stealth is the wrongful taking of goods without pretense of title." Finch, Law, bk. 3, e. 17.
such debts as constitute a lien or privilege on the steamboat for necessary supplies, materials, repairs, and wages; that they do not include debts which cannot be enforced against
Insurance against the destruction of steam boilers by their explosion, sometimes including indemnity against injuries to other property resulting from such explosion.
“Steam distilled wood turpentine” means wood turpentine distilled with steam from the oleoresin within or extracted from the wood.
When a steamer is about to enter a harbor, great caution is required. There being no usage as to an open way, the vigilance is thrown upon the entering vessel. Ordinary care, under
The rule of this court is, when a steamer approaches a sailing vessel, the steamer is required to exercise the necessary precaution to avoid a collision; and if this be not done, p
“steam vessel” means a vessel propelled in whole or in part by steam, except a recreational vessel of not more than 40 feet in length.
Instruments of husbandry, cattle, corn, etc., delivered by a landlord to his tenant on condition that the like number of goods of like quality should be returned on expiration of t
The term “steelhead” means the anadromous rainbow trout species Salmo gairdneri, commonly known as steelhead.
The term “steel industry fuel” means a fuel which— (I) is produced through a process of liquifying coal waste sludge and distributing it on coal, and (II) is used as a feedstock fo
stillyard, stilyard. In old English law. A place or house in London, where the fraternity of the Easterling merchants had their abode.
Fr. In French law. A party who fraudulently mortgages property to which he has no title.
I. In the civil law. A general name for acts of fraud having no other name.
Fraud in contracting.
A criminal fraud not amounting to any other definite offence. Pollock, Expansion of C. L. 84.
In Scots law. The crime of aliening the same subject to different persons.
In clvU law. A name This word is said to be derived from the Latin stellio, a kind of lizard remarkable for its cunning and the change of its color, because those guilty of frauds
In this section, the term “STEM” means the academic and professional disciplines of science, technology, engineering, and mathematics. / the terms “science, technology, engineering
The term "STEM ecosystem" means a local, regional, or statewide network, consortium, or multi-sector partnership, which may be led or co-led by a nonprofit organizational
The term “STEM education” has the meaning given the term in section 2 of the STEM Education Act of 2015 ( 42 U.S.C. 6621 note).
In this section, the term “STEM master teacher corps” means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by
One who writes in short-hand, by using abbreviations or characters for words. He does not come within the common-law definition of the word “clerk.” In re Appropriations for Deputi
The daughter of one’s wife by a former husband, or of one’s husband by a former wife.
The husband of one’s mother by virtue of a marriage subsequent to that of which the person spoken of is the offspring. x of which the person spoken of is the offspring.
King of England, 11351154.
The woman who marries a widower, he having a child by his former wlfe, becomes step-mother to such child.
A system of fraternal insurance by which the member pays each year or group of years according to the actual cost of the society of the protection furnished him, and thus increases
The son of one’s wife by a former husband,' or of one’s husband by a former wife.
strebrech, sax. In old English law. The offense of breaking up, obstructing, or narrowing a way or road.
or STREBRICH. The breaking, obstructing, or straitening of a way. Termes de la Ley.
The breaking, obstructing, or straitening of a way. Termes de la Ley.
A French measure of solidity, used in measuring wood. It is a cubic meter. See "Measure."
In this section, the term “sterile area” has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruli
The term "sterile drug" means a drug that is intended for parenteral administration, an ophthalmic or oral inhalation drug in aqueous format, or a drug that is required t
Barrenness; incapacity to produce a child. It is curable and incurable. See "Impotence." Incapacity of the male to impregnate, or of the female to conceive, when copulation is natu
Current money of Great Britain, but anciently a small coin worth about one penny, and so called, as some suppose, because it was stamped with the figure of a small star, or, as oth