Search Results for: VERT

negligent

negligent, adj. Characterized by a person’s failure to exercise the degree of care that someone of ordinary prudence would have exercised in the same circumstance (the negligent driver went through the stop sign) (negligent construction caused the bridge to collapse). [Cases: Automobiles 146; Negligence 200, 232. C.J.S. Motor Vehicles §§ 18, 41, 500–503, 506–510, 545–546,

negligent Read More »

capitalize

capitalize, vb. 1. To convert (earnings) into capital. 2. To treat (a cost) as a capital expenditure rather than an ordinary and necessary expense. 3. To determine the present value of (long-term income). 4. To supply capital for (a business).

capitalize Read More »

eminent domain

The inherent power of a governmental entity to take privately owned property, esp. land, and convert it to public use, subject to reasonable compensation for the taking. — Also (rarely) termed compulsory purchase; (in Scots law) compulsory surrender. See CONDEMNATION(2); EXPROPRIATION; TAKING(2). [Cases: Eminent Domain 1, 69. C.J.S. Eminent Domain §§ 2–3, 71–72, 198–199.]

eminent domain Read More »

physical facts rule

physical-facts rule. Evidence. The principle that oral testimony may be disregarded when it is inconsistent or irreconcilable with the physical evidence in the case. — Also termed doctrine of incontrovertible physical facts; incontrovertible-physical-facts doctrine. [Cases: Criminal Law 553; Evidence 588. C.J.S. Criminal Law §§ 1099, 1101–1102; Evidence §§ 1318–1320, 1322, 1329.]

physical facts rule Read More »

scribere est agere

scribere est agere (skrI-b[schwa]-ree est aj-[schwa]-ree). [Latin] Hist. To write is to act. “But now it seems clearly to be agreed, that, by the common law and the statute of Edward III, words spoken amount only to a high misdemeanor, and no treason. For they may be spoken in heat, without any intention …. If

scribere est agere Read More »

smith act

Smith Act. A 1948 federal antisedition law that criminalizes advocating the forcible or violent overthrow of the government. 18 USCA § 2385. [Cases: Insurrection and Sedition 1. C.J.S. Riot; Insurrection § 29.] “The Smith Act is aimed at the advocacy and teaching of concrete action for the forcible overthrow of the government, and not at

smith act Read More »

hanging

hanging, n. The act of carrying out an execution by suspending the person above the ground by a rope around the person’s neck. • Death is caused by asphyxiation (by being hoisted from the ground) or by a sudden breaking of the cervical vertebrae (by being dropped from a height).

hanging Read More »

Scroll to Top