Law Dictionary

a witness is not 'unavailable' for purposes of the foregoing exception to the confrontation requirement unless the prosecutorial authorities have made a good-faith effort to obtain

With one accord.

To constitute an unavoidable accident, within a stipulation in a bill of lading that vessel shall not be liable for losses by such accidents, there must be a vis major; the interfe

It must be such a loss as necessarily prevents the party from complying with the condition of the bond. It is not necessary that it should be an actual destruction of the property,

Events or accidents which human prudence, foresight, and sagacity cannot prevent. Crystal Spring Distillery Co. v. Cox, 49 Fed. 555, 1 C. C. A. 365, 6 TJ. S. App. 42; Welles v. Cas

A cause which reasonably prudent and careful men under like circumstances do not and would not ordinarily anticipate, ami whose effects, under similar circumstances, they do not an

A delay caused by negligence is not unavoidable. Westinghouse Electric & Mfg. Co. v. Brass Co., 186 Fed. 518.

The term “unblockable drain” means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.

the process of "assist[ing] in giving birth," which suggests removing an intact unborn child from the womb, rather than pieces of a child.

In this paragraph, the term “unborn livestock death losses” means losses of any livestock described in subparagraph (A), (B), (D), (E), (F), or (G) of subsection (a)(4) that was ge

For purposes of this subsection, the term “unborrowed policy cash value” means, with respect to any life insurance policy or annuity or endowment contract, the excess of— (A) the c

An oath by. relations not to avenge a relation's death. Blount,

as long as it remained wholly uncertain whether a contract or engagement would ever give rise to an actual duty or liability, and there was no means of removing the uncertainty by

The rule which precludes the recovery of uncertain damages applies to such as are not the certain result of the wrong, not to those damages which are definitely attributable to the

Vagueness or obscurity of language in written instruments,

The twelfth part of the Roman as. Dess. Diet, du Dig. "As." The as was one-twelfth of a pound, i. e., an ounce. Id.; 2 BL Comm. 462, note (m). UNCIA TERRAE (Lat.) This phrase often

These phrases often oceur in the charters of the British kings, and signify some measure or quantity of land. It is said to have been the quantity of twelve modii; each modius bein

In the Roman law, an heir to one-twelfth of an estate or inheritance. Calv. Lex.

The term “unclaimed accrued royalties” means accrued royalties eligible for distribution under subsection (d)(3)(J).

In English bankruptcy practice, dividends remaining unclaimed for five years are forfeited to the government (Bankruptcy Act 1869, § 116), but may, upon satisfactory proof of right

the term “unclaimed property” means any articles, items, assets, other property, or the proceeds thereof from safe deposit boxes or other safekeeping arrangements with closed natio

The brother of a father or mother. See Avunculus; Patruus.

one's misconduct need not necessarily have been of such a nature as to be punishable as a crime or as to justify legal proceedings of any character. Any willful act concerning the

As used in this subsection, the term “uncollected overissuance” means the amount of an overissuance of benefits, as determined under subsection (b)(1), that has not been recovered

In this part, the term “uncompensated care costs” means unreimbursed costs from serving self-pay, charity, or Medicaid patients, without regard to payment under section 1396r–4 of

Heirs in Louisiana who inherit without any reservation, or without making any inventory.

When the quality of the estate is not limited or affected by any condition. Rochester German Ins. Co. v. Schmidt, 162 Fed. 447, 89 C. C. A. 333.

Dishonest.

A contract which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other. 4 Bouv. Inst, note 8848.

That which is contrary to the constitution. UNCORE PRIST (Law Fr. still ready). In pleading. A plea or replication that the party pleading is still ready to do what is required. Us

a holding that a statute is unconstitutional 'as applied' means that the section, by its own terms, infringed constitutional freedoms in the circumstances of the particular case—as

the right to continue the exercise of a privilege granted by the state cannot be made to depend upon the grantee's submission to a condition prescribed by the state which is hostil

The governing principle is that a claim of unconstitutionality will not be heard to excuse a voluntary, deliberate and calculated course of fraud and deceit. One who elects such a

a generally worded statute which is construed to punish conduct which cannot constitutionally be punished is unconstitutionally vague to the extent that it fails to give adequate w

a law forbidding or requiring conduct in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates due process

Same as Irresistible impulse.

I. fr. Still: again; once more. Uncore prist: still ready, — formal words in the old plea of tender.

now.

Now ready.

The term “uncovered child” means a child that does not have creditable health coverage.

For purposes of this subsection, the term “uncovered month” means, with respect to a part D eligible individual, any month beginning after the end of the initial enrollment period

In Saxon law. Unknown; a stranger. A person entertained in the house of another was, on the first night of his entertainment, so called. Bracton, fol. 124b. UNDE COGNATI (Lat) In t

Whence; whereof.

In pleading. Without defense or denial. Where judgment passes by default against a defendant, the language in which the default is recorded is that the defendant "says nothing in b

The term "undefinitized contractual action" means a new procurement action entered into by the head of an agency for which the contractual terms, specifications, or price

See Admission, 3; Db- •fense, 3.

See "Dower." UNDE VI (Lat. wherefrom by force). In the civil law. The technical name of that species of interdict which was granted to recover the possession of an immovable thing

Whereof he demands judgment.

subject [or pursuant] to or by reason of the authority of.

subject [or pursuant] to' or 'by reason of the authority of ' "); cf. Black's Law Dictionary 1368 (5th ed. 1979) (defining "under" as "according to.

Words frequently used in conveyances of land which is subject to a mortgage, to show that the grantee takes subject to such mortgage. See Mortgage; 27 Am. L. Reg. (N. S.) 337, 401.

The term “underbody” means the floor pan of a motor vehicle.

An obvious inadequacy of capital, measured by the nature and magnitude of the corporate undertaking, has frequently been an important factor in cases denying stockholders their def

For purposes of this subsection, the term “undercapitalized savings association” means any savings association— (A) the assets of which exceed the liabilities of such association;

Two officers who cleaved the taliies written by the clerk of the tallies, and read the same, that the clerk of the pell and comptrollers thereof might see their entries were true.

Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken 'under color of' state la

receipt of money from a private source for the performance of official duties, that ambiguously described crime assuredly need not, and for the reasons the Court discusses should n

The terms “undercover investigative operation” and “undercover operation” mean any undercover investigative operation of the Service— (A) in which— (i) the gross receipts (excludin

The terms “undercover investigative operation” and “undercover operation” mean any undercover investigative operation of the Service— (A) in which— (i) the gross receipts (excludin

the term “undergraduate foreign language and area or international studies center” means an administrative unit of an institution of higher education, including but not limited to

The term “underground injection”— (A) means the subsurface emplacement of fluids by well injection; and (B) excludes— (i) the underground injection of natural gas for purposes of s

“underground natural gas storage facility” means a gas pipeline facility that stores natural gas in an underground facility, including— (A) a depleted hydrocarbon reservoir; (B) an

The term “underground storage tank” has the meaning given to it in section 6991 of this title , except that such term does not include tank combinations or more than a single under

The term "underground water source protection program" means a program for the adoption and enforcement of a program which meets the requirements of regulations under sec

A term applicable to plants growing under or below other greater plants. Clay v. Telegraph Co., 70 Miss. 411, 11 South. 658.

If upon failure or insolvency, one creditor goes into a contract of general composition common to the others, at the same time having an underhand agreement with the debtor to rece

The promiscuous feeding of bulls and cows or all horned beasts that are allowed to run together upon the same common. Spelman.:

The legislature is not bound, in order to support the constitutional validity of its regulation, to extend it to all cases which it might possibly reach. Dealing with practical exi

A lessee, transfer of the whole of his leasehold.

An alienation by a tenant of a part of his lease, reserving to himself a reversion. It differs from an "assignment," which is a transfer of all the tenant's interest in the lease.

Same as Underlease.

the term "underlicensed State" means a State in which the number of licensees per capita is less than the median number of licensees per capita for all States, as calcula

In Scotch criminal procedure, an accused person, in appearing to take his trial, is said "to compear and underlie the law." Mozley & Whitley.

The term “underlying security” means, with respect to any notional principal contract, the security with respect to which the dividend referred to in paragraph (2)(B) is paid. For

In the case of any failure by any partnership to pay on the date prescribed therefor any amount required by subsection (a)(2) or (b)(1)(A), there is hereby imposed on such partners

the term “underpayment error rate” means the ratio of the value of allotments underissued to recipient households to the total value of allotments issued in a fiscal year by a Stat

The term “underrepresented in science and engineering” means a minority group whose number of scientists and engineers per 10,000 population of that group is substantially below th

Subject to subparagraph (B), the term “underrepresented minorities” means, with respect to a health profession, racial and ethnic populations that are underrepresented in the healt

For purposes of this subsection, the term “underrepresented minority individuals” means individuals who are members of racial or ethnic minority groups that are underrepresented in

The term “underrepresented population” means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-inciden

The plaintiff's agreement embodying the release was under seal. Hence, it is binding even if without a consideration.

The term “Undersecretary” means the Undersecretary of Commerce for Oceans and Atmosphere.

The term “Under Secretary” means the Under Secretary for Science and Technology. / The term "Under Secretary" means the Under Secretary of Commerce for Oceans and Atmosph

The term “underserved area” means any area that— (A) is outside the grade A contour (as determined using standards employed by the Federal Communications Commission) of the local t

The term "underserved community" means a community with a population of less than 50,000 that has a median household income of less than 80 percent of the statewide media

The term “underserved community harbor” means an emerging harbor (as defined in section 2238(f) of this title ), a harbor where passenger or freight service is provided to island c

The term "underserved harbor project" means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2)— (i) that is a moderate-use harbor pr

The term “underserved location” means a location— (i) that is not an unserved location; and (ii) as determined in accordance with the broadband DATA maps, lacks access to reliable

Underserved market.—The term “underserved market” means a passenger air transportation market (as defined by the Secretary) that— (A) is served (as determined by the Secretary) by

The term "underserved population" includes populations of persons with disabilities, persons with limited English proficiency, Native Americans, individuals living in rur

The term "underserved populations" means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic

The term "underserved producer" means an individual (including a member of an Indian Tribe) that is— (I) a beginning farmer or rancher; (II) a veteran farmer or rancher;

The term "underserved service project" means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations o

In English law. A person appointed by the sheriff of a county to perform all his ordinary duties in his behalf. Sometimes confounded with a deputy sheriff, but the latter term is p

It may denote an in- N. W. 16. A valid contract engagement of a somewn&t informal character. Winslow v. Lumber Co., 32 Minn. 238, 20 N. W. 145. In the law of contracts it is a loos

For purposes of this subsection, the term “understatement” has the meaning given to such term by section 6662(d)(2)(A). / For purposes of paragraph (1), the term “understatement” m

For purposes of this section, the term “understatement of liability” means any understatement of the net amount payable with respect to any tax imposed by this title or any oversta

Agreed. Higginson v. Weld, 14 Gray (Mass.) 165. It falls short of alleging a distinct express contract Black v. Columbia, 19 S. C. 419, 45 Am. Rep. 785.

To assume, engage; to agree, promise, obligate one's self. The technical word used in declaring upon an engagement or promise of any nature. See ASSUMP- SIT; Care; Covenant.

An act requiring undertakers to be licensed is unconstitutional; 70 Alb. L. J. 98.