Encompassment - Law Dictionary Search Results
Home Dictionary Name: encompassmentEncompass
To circumscribe or go round so as to surround closely to encircle to inclose to environ as a ring encompasses the finger an army encompasses a city a voyage encompassing the world...
In the manufacture of goods
In the manufacture of goods would normally encompass the entire process carried on by the dealer of converting raw materials into finished goods. Where any particular process is so integrally connected with the ultimate production of goods that but for that process, manufacture or processing of goods would be commercially inexpedient, goods required in that process would, in our judgment, fall with in the expression 'in the manufacture of goods, Rajasthan SEB v. Associated Stone Industries, (2000) 6 SCC 141.In the manufacture of goods, the expression 'in the manufacture of goods' in s. 8(3)(b) of the Central Sales Tax Act, 1956 should normally encompasses the entire process carried on by the dealer of converting the raw material into finished goods. Where any particular process is so integrally connected with the ultimate production of goods that, but for that process, manufacture or process-ing of goods would be commercially inexpedient, goods, required in that process would fall with...
burden of proof
burden of proof :the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue [the burden of proof is sometimes upon the defendant to show his incompetency "W. R. LaFave and A. W. Scott, Jr."] compare standard of proof NOTE: The legal concept of the burden of proof encompasses both the burdens of production and persuasion. Burden of proof is often used to refer to one or the other. Burden of proof and burden of persuasion are also sometimes used to refer to the standard of proof. ...
claim
claim [Old French, from clamer to call, claim, from Latin clamare to shout, proclaim] 1 a : a demand for something (as money) due or believed to be due ;specif : a demand for a benefit (as under the workers' compensation law) or contractual payment (as under an insurance policy) b : a paper embodying such a demand [filing a with the court] 2 : a title to something (as a debt or privilege) in the possession of another [assigned her to the proceeds] 3 a : a right to seek a judicial remedy arising from a wrong or injury suffered [a plaintiff who has been injured in an accident has…one for a broken arm, another for a ruptured spleen, and so forth "J. H. Friedenthal et al."] ;also : the formal assertion of such a right [bringing a in the district court] b : cause of action [a plaintiff stated a against a seller of applesauce when she alleged that her children…ate the applesauce…and were then so discomforted that they had to have their stomachs pumped "J. J. Whit...
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
master
master 1 : an individual or entity (as a corporation) having control or authority over another: as a : the owner of a slave b : employer compare servant c : principal 2 : an officer of the court appointed (as under Federal Rule of Civil Procedure 53) to assist a judge in a particular case by hearing and reporting on the case, sometimes by making findings of fact and conclusions of law, and by performing various related functions NOTE: Under the Federal Rules of Civil Procedure, a master may be a magistrate or else may be a person with some special expertise in the matter. The word master as used in the Federal Rules encompasses a referee, an auditor, an examiner, and an assessor. If the master makes findings of fact, they are reviewable by the court except when the case is not to be tried to the jury and the findings are clearly erroneous, or when the parties have stipulated that the master's findings are to be final. adj : being the principal or controlling one : governing...
mayhem
mayhem [Anglo-French mahaim mahain, literally, mutilation, from Old French mahain, from mahaignier to injure, mutilate] : willful and permanent crippling, mutilation, or disfigurement of any part of another's body ;also : the crime of engaging in mayhem NOTE: Under the Model Penal Code and the codes of the states that follow it, mayhem is encompassed by assault and aggravated assault. ...
rehearing
rehearing : a reconsideration of a cause (as an appeal) after final decision or dismissal usually by the same tribunal that is usually granted due to some error in the original hearing and that may encompass new matters (as evidence or issues) ...
res gestae
res gestae [Latin, things done, deeds] 1 : the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that they constitute part of a continuous transaction and can serve to illustrate its character [the decedent's statement…was too far removed in time and place to be admissible as part of the res gestae "Lynch v. State, 552 N.E.2d 56 (1990)"] 2 a : an exception or set of exceptions to the hearsay rule that permits the admission of hearsay evidence regarding excited utterances or declarations relating to mental, emotional, or bodily states or sense impressions of a witness or participant compare dying declaration and spontaneous declaration at declaration, excited utterance NOTE: Res gestae in common law encompassed a variety of different exceptions to the hearsay rule, but most modern rules of evidence (as the Federal Rules of Evidence) have abandoned use of res gestae and...
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