Law Dictionary

10 Coke, 140. Discretion is to know through law what is Just

Discretion is the selection of that which is just by the law. See 3 Gray (Mass.), 204.

Discretion is the knowledge of that which is just by the law. See 4 Johns. Ch. (N. Y.) 352.

the recipient must exercise his authority according to his own understanding and conscience.

The term "discretionary" means that a system of graduated sanctions is not required to be imposed by each and every juvenile court in a State or unit of local government.

The term “discretionary appropriations” means budgetary resources (except to fund direct-spending programs) provided in appropriation Acts. / the term “discretionary appropriations

where a particular authority is confided to a public officer to be exercised by him in his discretion, upon an examination of facts, of which he is made the appropriate judge, his

The term "discretionary cargo" means maritime cargo for which the United States port of unlading is different than the United States port of entry.

The term “discretionary category” includes all discretionary appropriations.

Municipal corporations undoubtedly are invested with certain powers, which, from their nature, are discretionary, such as the power to adopt regulations or bylaws for the managemen

The term “discretionary spending limit” means— (A) with respect to fiscal year 1991— (i) for the defense category: $288,918,000,000 in new budget authority and $297,660,000,000 in

One wherein no direction is made as to the investment of the fund. See 18 Tenn. 263, 31 Am. Dec. 576.

Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as, when a fund is given to trustees to be distributed in certain char

The discretion which may be exercised in this class of cases is not an arbitrary or capricious one, depending upon the mere pleasure of the court, but one which is controlled by th

distinctions or differences in treatment that injure protected individuals.

As used in subsection (a), the term “discriminate against a qualified individual on the basis of disability” includes— (1) limiting, segregating, or classifying a job applicant or

erecting an economic barrier protecting a major local industry against competition from without the State... A State may not do this, even in the exercise of its unquestioned power

Discrimination, like interstate commerce itself, is a practical conception. We must deal in this matter, as in others, with substantial distinctions and real injuries.

That an unjust discrimination in the rates of a common carrier, by which one person or locality is unduly favored as against another under substantially similar conditions of traff

retaliation based on the filing of an age discrimination complaint.

A different measure of recovery is applicable 'where a party that has paid only the reasonable rate sues upon a discrimination because some other has paid less.' Such a one is not

Congress meant by using the words 'discrimination in price' in § 2 that in a case involving competitive injury between a seller's customers the Commission need only prove that a se

The natural construction which the text, the legislative setting and the function of the statute command, does not impose an obligation on the employer to favor union members in hi

It is the 'true purpose' or 'real motive' in hiring or firing that constitutes the test. The Act does not outlaw all encouragement or discouragement of membership in labor organiza

First, if it can reasonably be concluded that the employer's discriminatory conduct was 'inherently destructive' of important employee rights, no proof of an antiunion motivation i

For purposes of this subsection, the term “discriminatory group-term life insurance plan” means any plan of an employer for providing group-term life insurance unless— (A) the plan

“Discriminatory housing practice” means an act that is unlawful under section 3604, 3605, 3606, or 3617 of this title.

The term "discriminatory practice" means the discrimination described in paragraph (1), or the discrimination or the violation described in paragraph (2), of subsection (

A tax may be invalid even though it does not fall directly on the United States if it operates so as to discriminate against the Government or those with whom it deals. A State may

Release from encumbrance or lien.

In civil law. A proceeding, on the part of a surety, by which the property of the principal debtor is made liable before resort can be had to the sureties. This is called the "bene

The term “disease” has the meaning given the term by the Secretary.

The term "disease or pest of concern" means a plant or animal disease or pest that— (A) is— (i) a transboundary disease; or (ii) an established disease; and (B) is likely

The term “disease prevention” means any activity for— (i) the reduction, limitation, and prevention of— (I) disease; and (II) complications of disease; and (ii) the reduction of co

The term "disease prevention and health promotion services" means— (A) health risk assessments; (B) routine health screening, which may include hypertension, glaucoma, ch

To release from embargo.

The breaking of the entail of an estate.

A executed under stat.:: & 1 Will. 4. C 7 1. whereby the tenant In tail Is enabled to alienate the land for an estate in fee-sim] any less estate, and thus destroy the entail. The

An assurance by which a tenant in tail bars his estate tail, so as to convert it into an estate in fee, either absolute or base. Disentailment is regulated by 3 & 4 Wm. IV. c. 74.

Disestablishment is a remedial measure under § 10(c), 29 U.S.C.A. § 160(c), to be employed by the Board in its discretion to remove the obstacle to the employees' right of self-org

In an indictment for an assault to "disfigure" is to do some external injury which may detract from the personal appearance. Arch. Cr. 760.

An abolished judicial writ addressed to the treasurer and chamberlain of the exchequer to search for and transmit the foot of u fine acknowledged before justices in eyre into the c

To clear of trees.

To deprive of citizenship, of a franchise, or of suffrage.

The act of depriving a member of a corporation of his right as such, by expulsion. 1 Bouv. Inst, note 192. It differs from amotion (g. v.), which is applicable to the removal of an

To deprive of the rights and privileges of a free citizen; to deprive of chartered rights and immunities; ta

In English law. To deprive lands of that principal quality of gavelkind tenure by which they descend equally among all the sons of the tenant. 2 Wooddeson, Lect. 76; 2 Bl. Comm. 85

In Fr. Improper; unfit Kelham

an "equitable" remedy or a "legal" one re- quiring a jury trial.

Ignominy; shame; dishonor. No witness is required to disgrace himself. 13 How. St. Tr. 17, 334; 16 How. St. Tr. 161.

In old English law. The depriving of an order or dignity. Termes de la Ley; Blount.

A person lying in ambush is not in disguise within the meaning of a statute declaring a county liable in damages to the next of kin of any one murdered by persons in disguise; Dale

Lat. Inold Eng- 51ish law. Disabihty, incapacity. Towns, H. 32, 64.

(Scotch) Corruption of blood as a punishment for treason.

disinheritance, depriving one of an inheritance. Obsolete.. Vide Disinherision.

Disinheritance; depriving one of an inheritance. Obsolete. See "Disinherison."

One who disinherits, or puts another out of his freehold. Obsolete.

A term applied to the nonfulfillment of commercial engagements. To dishonor a bill of exchange or a promissory note is to refuse or neglect to pay it at maturity. The holder is bou

The term “dishwasher” means a residential dishwasher subject to the energy conservation standards established by the Department of Energy.

To release from imprisonment.

To relinquish a corporate charter.

In civil law. The act of depriving a forced heir of the inheritance which the law gives him. In Louisiana, forced heirs may be deprived of their legitime, or legal portion, and of

The act by which a person deprives his heir of an inheritance, who, without such act, would inherit. By the common law, any one may give his estate to a stranger, and thereby disin

the heirs must take, unless they are 'disinherited by express words, or necessary implication.' 'Conjecture, nor uncertainty, shall never disinherit him.'… The rule of law gives th

To exhume a corpse.

Not concerned, in respect to possible gain or loss, in the result of the pending proceedings; impartial, not biased or prejudiced. Chase v. Rutland, 47 Vt. 393 ; In re Big Run, 137

The term "disinterested person" means a person that— (A) is not a creditor, an equity security holder, or an insider; (B) is not and was not, within 2 years before the da

One who has no interest in the cause or matter in issue, and who is lawfully competent to testify.

Separately; severally.

Disjoining; separating. Disjunctive allegations: alletwo contraries by the afl Srming of one away.

A statement in a pleading or indictment which expresses or charges a thing alternatively, with the conjunction "or;" for instance, an averment that defendant "murdered or caused to

In pleading. Allegations which charge a party disjunctively, so as to leave it uncertain what 'is relied on as the accusation against him. An indictment, information, or complaint

A condition depending upon the happening of but one of several events.

One which is placed between two contrar-*s, by the affirming of one of which the other is taken away. It is usually expressed by the word "or." See 3 Ves. 450; 7 Ves. 454; 2 Rop. L

1. 1. In old English law. Incapacity; disability.

The term "dislocated worker" means an individual who— (A) (i) has been terminated or laid off, or who has received a notice of termination or layoff, from employment; (ii

The term “dislocation allowances” means the costs associated with relocation of the household of a member of the uniformed services and the member's dependents in relation to a cha

(pl.2)Mmane*.] L.Fr. t Tnmarried. Stat. Westm. 1, c. 22. Kelham.

Tenths; tithes, (q. v.) The original form of "dime," the name of the American coin.

To remove; to send out of court. Formerly used in chancery of the removal of a cause out of court without any further hearing. The term is now used in courts of law also.

The dismissal of an action, suit, motion, etc., is an order or judgment finally disposing of it by sending it out of court, though without a trial of the issues involved. Frederick

A dismissal entered in accordance with the agreement of the parlies, amounting to an adjudication of the matters in dispute between them or to a renunciation by the complainant of

It ordinarily is the undisputed right of a plaintiff to dismiss a bill before the final hearing.

A judgment of "Dismissed," ■ d on the Durant f Wall, if 19 L. Ed But a bill "di on motion of complainant does not 1 a; parte Loung June, 160 l ed. 2 A judgment of dl lintiff 'ils t

To redeem from mortgage.

Turbulent or riotous behavior; immoral or indecent conduct. The breach of the public decorum and morality.

Against public peace, good order, morals, decency or safety.

Conduct contrary house the inmates of which behave so the neighborhood. Disorderly person: regulation for misconduct which affects

A term of loose and indefinite meaning (except as occasionally defined in statutes), but signifying generally any behavior that is contrary to law, and more particularly such as te

In criminal law. A house the inmates of which behave so badly as to become a nuisance to the neighborhood. One kept in such a way as to disturb or scandalize the public generally,

A class of offenders, subjects of police regulation, described in the statutes which punish them. See 4 Bl. Comm. 169. DISPARAGATION (Law Fr. disparagement). The matching an heir,

1. Inequality in rank. In old law, while a female infant was in ward, the guardian could tender a match " without disparagement" or inequality: lest she might marry the lord's enem

In old English law. To bring together those that are unequal, (dispares conferre;) to connect in an indecorous and unworthy manner; to connect In marriage those that are unequal in

In old English law. Disparagement. Hœredes maritentur absque disparagatione, heirs shall be married without disparagement Magna Charta, (9 Hen. III.) c. 6.

Same as Disparagement.

To permit a disparagement.

In old English law. An injury by union or comparison with some person or thing of inferior rank or excellence. Marriage without disparagement was marriage to one of suitable rank a

Fr. To disparage. Disparata non debent jungi. Things unlike ought not be joined. Jenk. Cent. 24, marg.

In old Scotch law. Inequality in blood, honor, dignity, or otherwise. Skene de Verb. Sign.

Dissimilar things ought not to be joined. Jenk. Cent. Cas. 24.