Law Dictionary

Summary procedures should be used sparingly in complex antitrust litigation where motive and intent play leading roles, the proof is largely in the hands of the alleged conspirator

Bankruptcy courts have summary jurisdiction to adjudicate controversies relating to property over which they have actual or constructive possession. And the test of this jurisdicti

If guilty of fraud against their clients, or of stirring up litigation by corrupt devices, or using the forms of law to further the ends of injustice; in fine, for the commission o

(1) As used in this subsection, the term “summary period” means— (A) the period beginning on December 23, 1985, and ending on the date on which the first loan summary statement is

The pith of this rather extraordinary power to punish without the formalities required by the Bill of Rights for the prosecution of federal crimes generally, is that the necessitie

This phrase refers to the statute 18 & 19 Vich c. 67, passed in 1855, for the purpose of facilitating the remedies on bills and notes by the prevention of frivolous or fictitious d

Summary procedure implies a single hearing at which the merits of the controversy are investigated and decided, without much regard to the formal pleadings.

Proceedings in which many formalities are dispensed with, usually statutory; proceeding without resort to the courts, as in the abatement of a nuisance. See 113 Ga. 537, 54 L. R. A

Such as is immediate or instantaneous, in distinction from the ordinary course, by emanating and taking effect without intermediate applications or delays. Gaines v. Travis, 8 N. Y

A modern term employed to designate criminal trials before magistrates, justices of the peace, or other inferior judicial officers or courts, which trials are not according to the

A payment to the lords of the wood on the Wealds of Kent, who used to visit those places in summer, when their under tenants were bound to prepare little summer houses for their re

The term “summer institute” means an institute, operated during the summer, that— (A) is hosted by a National Laboratory or an eligible partner; (B) is operated for a period of not

In practice. The act of making a speech before a court and jury, after all the evidence has been heard, in favor of one of the parties in the cause, is called "summing up." When th

In practice. To notify the defendant that an action has been instituted against him, and that he is required to answer to it at a time and place named. This is done by a proper ofl

Summons, which see.

Petty officers who cite men to appear in any court. SUMMONITIO (Law Lat.) In old English practice. A suttimoning or summons; a writ by which a party was summoned to appear in court

L. Lat In old English practice. A summoning or summons; a writ by which a party was summoned to appear in court, of which there were various kinds. Spelman.

3 Inst. 141. Let no summonses or citations be served within the king's palace.

Officers who assisted in collecting the revenues by citing the defaulters therein into the court of exchequer.

The term “summons” means any summons issued under subsection (a) of this section which requires the production of records or the giving of testimony relating to records. Such term

In English Praotice. In this phrase the summons is the application to a common-law judge at chambers in reference to a pending action, and up-

less than all the defendants in a joint decree cannot appeal without a summons and severance in the court below. The regular mode of proceeding would have been to dismiss the appea

2 To officially notify a party that he has been sued,'SO that he may appear in court and answer the complaint. Suminoiis. A warning to appear in court at the return-day of the orig

SUMMA INJURIA. The

Rigid law is the greatest injustice. See 210 Mo. 17, 124 Am. St. Rep. 717, 14 Ann. Cas. 314, 16 L. R. A. (N. S.) 494, 108 S. W. 533.

Extreme law (rigor of law) is the greatest injury; strict law is great punishment. Hob. 125. That is, insistence upon the full measure of a man's strict legal rights may work the g

Highest; greatest. The initial or most emphatic word of several Latin maxims. Summa ratio est quae pro religione facit. An argument which is favorable to religion is of great weigh

See Sompnour.

PUBIiIC.7 1, n, "The public" are the body of the people at large; the people of the neighborhood; the community at large; the people. 3, adj. Belonging to, concerning, of interest

Laws relating to the expenses of the people, and made to restrain excess in apparel, food, drink, furniture, etc They originated in the view that luxury is, in some of its degrees,

To bring together under a single view; to recapitulate; particularly to bring together and review the evidence in the closing address of counsel, or in the charge of the court to t

The first day of the week. In some of the New England states it begins at sunsetting on Saturday, and ends at the same time the next day; but in other parts of the United States it

Where part of the frame of a ship was sunk beneath the surface of the sea and partially imbedded in the bottom, as was also a quantity of iron ore that for Ried a part of the cargo

the term "sunscreen" means a drug containing one or more sunscreen active ingredients; and

the term "sunscreen active ingredient" means an active ingredient that is intended for application to the skin of humans for purposes of absorbing, reflecting, or scatter

A definite period of time at any given locality. What that time is can only be known from scientific calculations. It is not precisely the same on any two days in succession, nor i

An acute prostration from excessive heat of weather; and the same effects may be produced by heat which is not of solar origin. 100 111. App. 195. SUO NOMINE (Lat.) In his own na:m

In his own name.

At his own risk.

Above, over; upon.. Compare Supra; Sur. Super altum mare. Upon the high sea. Super visum corporis. Upon view of the body. See Coroner.

Lat. In Roman law. Household furniture. Dig. 33, 10.

Above; upon.

The landowner owns at least as much of the space above the ground as he can occupy or use in connection with the land. The superadjacent airspace at this low altitude is so close t

On the high seas.

In old Scotch law. To have a balance of account due to one; to have one's expenses exceed the receipts.

In maritime law. A person specially employed by the owner of a cargo to take charge of and sell to the best advantage merchandise which has been shipped, and to purchase returning

the term “supercompliant coal” means coal that contains less than 1.0 pounds of sulfur dioxide per million Btu.

Conception during pregnancy.

In this section, the term “super construction project” has the meaning given such term in section 8103(e)(3) of this title .

med. jur. reignty. The conception of a second embryo, SUPREME COURT. Vide during the gestation of the first, or Courts of the United States. ’ that a woman who has advanced to SUR,

Lat. In the civil law. He who has built upon the soil of another, which he has hired for a number of years or forever, yielding a yearly rent. Dig. 48, 18, 1. In other words, a ten

Erections on the surface.

Erections on the land belong to it.

MORTUIS testibus, erit ad patriam de necessitate recurrendum. The truth of charters is necessarily to be referred to a jury when the witnesses are dead. Co. Litt. 6.

Co. Litt. 6. The truth of charters is necessarily to be referred to a jury, when the witnesses are dead.

I. In the civil law. Buildings erected on hired ground.

Superfluities do no injury. Jenk. Cent. Cas. 184.

In English law. Lands acquired by a railway company under its statutory powers, and not required for the purposes of its undertaking. The company is bound, within a certain time, t

Same as Superconception.

In medical jurisprudence. The formation of a fœtus as the result of an impregnation ocourring after another impregnation, but before the birth of the offspring produced by it. Webs

The term “Superfund site” means a site included on the National Priorities List developed by the President in accordance with section 9605(a)(8)(B) of this title .

applying heat directly to steam which has been already generated by the action of heat on water.

Act of God, which see. See, also, 93 Cal. 253, 27 Am. St. Rep. 198, 16 L. R. A. 188, 26 Pac. 1099, 28 Pac. 943.

Lat. In the civil law. A species of obliteration. Dig. 28, 4, 1, 1.

Where a church is full by institution, and a second institution is granted to the same church, this is a superinstitution, and necessarily raises the question who is entitled to th

“Superintendent” means the Superintendent of the Uintah and Ouray Reservation, Utah.

An officer who superintends the registration of births, deaths, and marriages in England and Wales. Whart.

io 1, adj. Higher in rank than another person or thing; opposed to inferior, q. v. A statute which treats of persons or things of an inferior rank cannot by general words be extend

One who has a right to command; one who holds a superior rank; as, a soldier Is bound to obey his superior. In estates, some are superior to others. An estate entitled to a servitu

In Soots law. One of whom lands are held by another, answering to the lord of the English law; the holder of the dominiwii directum of lands. Superior aud vassal: the one of whom l

In Scotch law. A feudal relation corresponding with the English "lord and tenant." Bell, Diet.

The term “superior commissioned officer” means a commissioned officer superior in rank or command.

In English Law. A term applied collectively to the three courts of common law at Westminster, namely, the king's bench, the common pleas, the exchequer. It denotes a court of inter

In English law. The courts of the highest and most extensive jurisdiction, viz., the court of chancery and the three courts of common law, i. e., the queen's bench, the common plea

Ky.: 43 Am. Rep. 34; Longueville v. Western Assur. Co., 51 Iowa, 553 (1879). • Haws V. Fire Association of Philadelphia, 114 Pa. 434 (1886). ' Lyons v. Providence Washington Fire I

A term recently introduced into the law of negligence, and meaning one higher in authority than another, and whose commands and directions his inferiors are bound to respect and ob

In the law of bailments and of negligence, an uncontrollable and irresistible force, of human agency, producing results which the person in question could not avoid; equivalent to

In Scotch law. The dominium directum of lands, without the SUPERNUMERARir (Lat.) In Eoman law. Those advocates who were not statuti (q. V.) The statuti were inscribed in the matric

The term “superior level of proficiency” means level 3, the professional working level, as measured by the Federal Interagency Language Roundtable (ILR) or by other generally recog

A term anciently used when a criminal endeavored to excuse himself by his own oath, or the oath of one or two witnesses, and the crime objected against him was so plain and notorio

Lat. In Roman law. Advocates who were not registered or enrolled and did not belong to the college of advocates. They were not attached to any local jurisdiction. See Statuti.

To surcharge. See Surcharge .

Surcharge, which see.

A judicial writ that lay against him who was impleaded in the county court for the surcharge of a common with his cattle, in a case where he was formerly impleaded for it in the sa

A writ that formerly lay against him who was impleaded in the county court for the surcharge of a common for his cattle and the cause was removed into one of the superior courts. S

A judicial writ that lay against him who was impleaded in the county court for the surcharge of a common with his cattle, in a case where he was formerly impleaded for it in the sa

Overplus; surplus; residue or balance. Spelman.

A writ which formerly lay against the king's tenant's widow for marrying without the royal license. Fitzh. Nat. Brev. 174.

To stay, stop, interfere with, or annul; e. g., to supersede the proceedings in outlawry, or in bankruptcy, or in lunacy, etc. SUPERSEDEAS (Lat. that you set aside). A stay of proc

In order to make the appeal operate as a supersedeas, it is necessary for the appellant to give good and sufficient security for the prosecution of the appeal, and for all costs an

The object and purpose of this section and the bond given in pursuance thereof is to indemnify the party prevailing in the original suit against loss in the respects stated in the

the supplemental decree of sale, in execution of the original decree, in this case, is but an execution of the original decree, and not a final decree from which an appeal lies to

To supersede; to stay.

a second indictment issued in the absence of a dismissal of the first.

super-seniority by its very terms operates to discriminate between strikers and non-strikers, both during and after a strike, and its destructive impact upon the strike and union a

They supported, defended, or undertook.

For purposes of this part, the term “super single tire” means a single tire greater than 13 inches in cross section width designed to replace 2 tires in a dual fitment. Such term s

1 Edw. III. c. 12. A writ that lay against the king's tenant holding in chief, who aliened the king's land without his license. SUPER STATUTO DE ARTICULIS CLErl. A writ which lay a

A writ which lay against a sheriff or other officer who distrained in the king's highway, or on lands anciently belonging to the church. —Super statuto facto pour seneschal et mars

A writ which lay against him who kept any servants who had left the service of another contrary to law.