Law Dictionary

An old English proceeding in the nature of a private prosecution wherein a relative of the injured or deceased person was usually the plaintiff or appellant.

a narcotic drug by statute, Ky.Rev.Stat. § 218.010(14) (1962), and that unlicensed possession or compounding of it is a felony punishable by both fine and imprisonment.

the appeal was taken, in the sense of the act, when the defeated party in the Court of Claims signified, by his motion for the allowance of an appeal, his desire to take one

The limitation has the same effect as if written in the statute, and the allowance of an appeal on certificate cannot operate as an adjudication that it is taken in time. ... No ap

qualities of the material itself: the capacity to attract individuals eager for a forbidden look.

An appeal brings up questions of fact as well as of law, but upon a writ of error only questions of law apparent on the record can be considered, and there can be no inquiry whethe

See Apparent Heir .

Under statute requiring firm name to appear conspicuously on place of business, word means obvious and manifest. See Ann. Cas. 1913B, 913.

In practice. A coming into court as party to a suit, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court.

Persons by becoming suitors do not place themselves for all purposes under the control of the court.

This term and "appearance by counsel" are distinctly different, the former being the substitution of a legal agent for the personal attendance of the suitor, the latter the attenda

The day on which an appearance is required.

A docket kept by the clerk of the court, in which appearances are entered, containing also a brief abstract of all the proceedings in the cause.

justice must satisfy the appearance of justice.

An apparent heir (g. V.) APPEL (Law Fr.; Law Lat. appellum). In old English law. An appeal. Britt. c. 22. See "Appeal."

apeaus, /. fr. Appeals.

2 A learner: a spec of servant usually "bound" for a term years, by indenture, to serve his master a be maintained and instructed by him.' One bound to service for a term of ye: in

One thing may appertain to another without adjoining or touching it. "Proof that pieces of land adjoin would not be proof that one appertained to the other." As a descriptive word

Fr. [L. Lat. appellum:\ In old English law. An, appeal. Britt, c. 22. See Appeal. In old French law. A challenge. Esprit des Lois, liv. 28, c. 27.

L I. One who appeals or prosecutes an appeal; an appellant; an accuser or challenger.

Lat [from appellare, q. v.] An appellant, one who appeals or prosecutes an appeal; an accuser or challenger. Bract: to\, 137, 138.

The term “appellant” means a participant who appeals an adverse decision in accordance with this subchapter.

the main of general transmission and transformation properties, and local distributing plants.

Lat. To appeal or accuse. Appellare de facto: to appeal one of fact (that is, as principal). Appellare de fortia: to appeal of force (that is, as an accessory). In the civil law. T

Lat. In old practice. To appeal or accuse. A. appellat B. de morte C, fratris sui; A. appeals B. of the death of C, his brother. Bract. foL 138. Appellare de facto; to appeal one o

In practice. Pertaining to appeals; having cognizance of appeals.

the terms “dispute settlement panel” and “Appellate Body” have the meanings given those terms in section 3531 of this title . / The term “Appellate Body” means the Appellate Body e

A court having jurisdiction of appeal and review; a court to which causes are removable by appeal, certiorari, or error.

in all cases where a Circuit Court of the United States has, in the exercise of its original jurisdiction, caused a prisoner to be brought before it, and has, after inquiring into

It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that case.

The district court, as a court of original jurisdiction, has general jurisdiction of all causes of admiralty and maritime jurisdiction, without reference to the sum or value of the

The appellate jurisdiction of this Court, in cases decided in the State Courts, is very special and limited in its character... We can re-examine so much, and such parts of it only

This court has no jurisdiction, under the 25th section of the judiciary act of 1789, but in a case where a final judgment or decree has been rendered in the highest court of law or

In order to give this court jurisdiction, under the 25th section of the act of 1789, it is not sufficient, that the construction of the act of congress, or the validity of the righ

The appellate power, it will be observed, is conferred on this court in all cases or suits in which such a question shall arise. It is not confined to suits in the inferior courts

The question before an appellate Court is, was the judgment correct, not the ground on which the judgment professes to proceed.

An appeal.

An old law term having the same meaning as "appellant," (q. v.) In the civil law, the term was applied to the judge ad quem, or to whom an appeal was taken. Calvin.

I. In old practice, one who is appealed, or against whom an appeal is made; the party accused by an appeal, an appellea In the civil law. The judge to whom an appeal was taken.

Lat. [iromappeU /are, (q. v.); L. Fr. appelle.'] In old practice. An appellee; one who is appealed, or against whom an appeal is made; the party accused by an appeal. Olanv. lib. 7

I. fr. In old practice, the party accused by the process of appeal. V. Appeal.

In practice. The party in a cause against whom an appeal has been taken. APPELLO (Lat.) In the civil law. I appeal. The form of making an appeal apitd acta. Dig. 49. 1. 2.

appeler, I. fr. In old practice, to call; to call or summon before a judge; to appeal or accuse.

I appeal; the Roman law form of making an appeal.

A criminal who accuses his accomplices; one who challenges a jury. APPELLO UR (Law Fr.) In old practice. The party who brought an appeal; the plaintiff in an appeal. Britt. c. 22.

An appealing party.

I. I. In old practice, an appeal.

Something added as an accessory to or the subordinate part of another thing. State Treasurer v. R. Co., 28 N. J. L 26; School Dist. No. 29, Bourbon County v. Perkins, 21 Kans. 536,

H' Annexed to another and superior thing; belonging to something as the principal thing; also, the thing itself thus attached: as, an incorporeal inheritance to another inheritance

Affixed or belonging to something more important.

I, fr. To hang to; to be annexed to; to belong to. Append: hanging; pending. Appenses: hung, affixed.

Appurtenances.

A printed volume, used on an appeal to the English house of lords or privy council, containing the documents and other evidence presented in the interior court and referred to in t

Lat. [iromi^ pendere, to belong to.] In French law. An appenage or appendage; the portion of a younger son, {quasi appendagium juf Uoris filii.) Spelman. See Apanage. •

tfr. To thiak; to consider.

Payment of money by weight instead of by count. Cowell.

apent, appente, appient, L Jr. Belongs; it belongs. Appent al Tisconte receyyer plegges: it belongs to the sheriff to take pledges.

In old Scots law. Appearing; apparent.

To belong to; to have relation to; to be appurtenant to. See Appurtenant.

Connected with in use or occupancy. Miller v. Mann, 55 Vt. 475, 479. It does not necessarily import contiguity, as does "adjoining," and is therefore not synonymous with it; id. Pe

An old form of appurtenances (g. V.) Cowell. APPLICARE (Lat.) In old English law. To fasten to; to moor (a vessel). Anciently rendered, "to apply." Hale de Jure Mar. par. 2, c. 3.

See Appendant; Incident; Railroad. Where the question was whether a stereoscope, with views, was a "necessary appendage " to a schoolhouse, the court said that the words quoted, as

appers, apierge,^. It appears.

The term “apples” means fresh whole apples, whether or not the apples have been in storage.

J. 5 See Ward v. Brigham, 127 Mass. 24 (1879); Volger v. ■Ray, 131 id. 439 (1881); Ferris v. Thaw, 72 Mo. 446 (1880).

In this chapter, the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas

The term “appliance lamp” means any lamp that— (i) is specifically designed to operate in a household appliance and has a maximum wattage of 40 watts, including an oven lamp, refri

Roadbed, tracks, cars, engines, and all other machinery and equipment furnished by the carrier and used in connection with the conduct and management of its business, but not inclu

capable of being applied: having relevance" or "fit, suitable, or right to be applied: appropriate." Webster's Third New International Dictionary 105 (2002).

necessary to fll a gap in federal law," it is hard to imagine circumstances in which "not inconsistent" would add anything to the statute, for a state law would rarely be Cite as:

The term “applicable 12-month period” means— (I) the 12-month period beginning with the first month following the month in which the termination date occurs, and (II) each of the f

In this subsection, the term “applicable 2-year period” means, with respect to an affidavit of a physician or practitioner under subparagraph (B), the 2-year period beginning on th

For purposes of paragraph (1), the term “applicable 5-year period” means the 5-year period beginning on the date the notice taken into account for purposes of subsection (c)(1) was

For purposes of this subsection, the term "applicable account limit" means an account limit for a qualified asset account with respect to medical benefits provided throug

the term “applicable accounts of the House of Representatives” means accounts for salaries and expenses of committees (other than the Committee on Appropriations), the computer sup

For purposes of paragraph (2)(A), the term “applicable accumulation test minimum rate” means the lesser of— (A) an annual effective rate of 4 percent, or (B) the insurance interest

The term “applicable ACO” means an ACO participating in a model tested or expanded under section 1315a of this title or under this section— (i) that operates under a two-sided mode

For purposes of this paragraph, the term “applicable address” means, with respect to any applicable savings bond— (I) the registered address for the registered owner, co-owner, or

For purposes of this subsection and subsection (b), the term "applicable agency" means— (A) the Social Security Administration, with respect to matter transmitted to or o

For purposes of this subsection, the term "applicable agreement" means the following: (A) An agreement under— (i) the Medicare coverage gap discount program under section

In this section, the term “applicable aircraft” means an aircraft manufactured on or after January 1, 2028, that is— (1) operated under part 121 of title 14, Code of Federal Regula

In this section, the term “applicable amateur sports organization” means an amateur sports organization— (1) that is not otherwise subject to the requirements under subchapter III;

The term “applicable amount” means 15 percent of the result obtained by calculating, on at least an annual basis, the amount by which— (A) the borrower’s, and the borrower’s spouse

For purposes of this section, the term "applicable asset acquisition" means any transfer (whether directly or indirectly)—

Except as provided in clause (ii), the term “applicable base” means for any calendar year the contribution and benefit base determined under section 230 of the Social Security Act

the terms "applicable beneficiary" and "applicable drug" have the meanings given those terms in section 1860D–14A(g) of the Social Security Act (42 U.S.C. 1395w

The term “applicable Bureau office” means— (A) a Regional office of the Bureau; (B) an Agency office of the Bureau; or (C) a Land Titles and Records Office of the Bureau.

For purposes of clause (i), the term “applicable capacity” means 15 megawatts or a mechanical energy capacity of more than 20,000 horsepower or an equivalent combination of electri

For purposes of this subparagraph, the term “applicable carryover rule” means any carryover rule applicable to charitable contributions which were (in whole or in part) not allowed

Subject to paragraphs (2) and (3), in this section, the term “applicable child” means a child for whom an adoption assistance agreement is entered into under this section during an

The term “applicable collection period” means the 5-year period ending on the last day of the calendar quarter for which information under this section is collected.

The term “applicable Commission rule” means a Commission rule applicable to sales at wholesale by public utilities that the Commission determines after notice and comment should al

In this paragraph, the term "applicable Committee" means— (i) the Committee on House Administration of the House of Representatives, in the case of an individual who, at

In this section, the term “applicable committees” means— (1) the Committee on Education and the Workforce of the House of Representatives; (2) the Subcommittee on Labor, Health and

In this subsection, the term “applicable computed tomography service” means a service billed using diagnostic radiological imaging codes for computed tomography (identified as of J

The term “applicable condition” means, subject to subparagraph (B), a condition or procedure selected by the Secretary among conditions and procedures for which— (i) readmissions (

the term “applicable conference” means the majority or minority conference of the Senate, as applicable, that represents the Democratic party;

The term “applicable corporation” means, with respect to any taxable year, any corporation (other than an S corporation, a regulated investment company, or a real estate investment

The term “applicable covered employee” means any— (I) covered employee of a plan sponsor, (II) covered employee of a member of a controlled group which includes the plan sponsor, a

The term “applicable credit” means each of the following: (1) So much of the credit for alternative fuel vehicle refueling property allowed under section 30C which, pursuant to sub