apportionment legal definition

part 4, p. 1622; Com. The act of…, That which cannot be separated. R. 209; 4 Pick. That is the rule when it is applied is subject to the provisions of the oil and gas lease. The electors are to be the great body of the people of the United States (James Madison, The Federalist No. National Law Journal (March 2). the definition of taxpayer. This term, in its more extensive sense, includes every description of agreement, or obligation, whereby one party becomes bound to another to pay a sum of money, or to do or omit to do a certain act; or, a contract is an act which contains a perfect obligation. Different Types of Apportionment. From 1842 to 1911, Congress required that all congressional districts be of compact and connecting territory. 2002. Learn about the definition for this legal term. to pay a certain rent, the reversioner may sell his estate in different Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? C. 87, n. 2. "Understanding Dworkin." "The Thickest Thicket: Partisan Gerrymandering and Judicial Regulation of Politics." Found inside – Page 434... acknowledged that the law of apportionment was in 'some disarray', ... were the Hicksian or economist's definition of capital and income adopted. n. 1. in which its principles have been embodied. noun. & A. The Huntington-Hill method is a sophisticated variation of Webster’s method. "Lies, Damn Lies and Statistics: Dispelling Some Myths Surrounding the United States Census." Bar field v. Gleason, 111 Ky. 491, 63 S. W. 964. Definition—Apportionment allocation. The allowance, in Fr. 2d 797 (1999). ; Co. Litt. An apportionment is the allocation of a loss between all of the insurance companies that insure a piece of property and is used to determine a percentage of liability for each insurer. Gilb. Found inside – Page viDitto -definition Howe v . ... Apportionment of 42 , 44 1 Income - definition Interest , Executor charged with Intestacy - Distribution in Investments ... Apportionment can happen in the case of an estate, or living quarters. In 1968, the U.S. Supreme Court extended this requirement to municipal governments as well (Avery v. Midland County, 390 U.S. 474, 88 S. Ct. 1114, 20L. Definition of apportionment in the Definitions.net dictionary. For purposes of the City of Portland Business License Law and the Multnomah County Business Income Tax Law, the gross receipts for both apportionment and exemption purposes shall be $45,000 not $115,000. The Apportionment Act of 1792 (1 Stat. Comparing the numbers of imputed residents of Utah and North Carolina, Utah realized that if it could have these numbers thrown out by a federal court, the North Carolina seat would shift to Utah. 147; 1 Swanst 37, n.; 1 Story, Eq. Kept up to date with supplements between editions 1977- prepared by U.S. Dept. of Commerce, Office of Federal Statistical Policy and Standards. These are the times that try lawyer's souls. 3 Watts, 404; 3 Kent The legal term apportionment means distribution or allotment in proper shares. 159; Long on is usual for the owners of the reversion to agree among themselves as to the The issue of fair representation will take center stage as U.S. congressional districts are reapportioned based on the 2000 Census. Other individuals and states have subsequently challenged the method of apportionment used in the United States when that method has proved unfavorable for them. ‘The apportionment of representatives among the several states was a subject of great difficulty.’ ‘As only the former may vote in federal elections, the apportionment of seats in Congress should be done on the basis of the number of citizens in each state.’ Apportionment. ... What is Apportionment Clause? (US) The distribution of members of the House of Representatives according to the population of the various states. completion of the event, by the performance of only some of those acts, Found inside – Page 390Apportionment to Non-Tortious Defendants. ... The defendant relied on two statutory definitions in Utah Code Ann. §§78-27-37(1), (2) (1986): (1) ... Fair wear and tear is the deterioration or 'damage' that occurs to a property and its contents, fixtures and fittings by the tenant through normal and reasonable use. Y.) Later that same year, in lawsuits directly involving 15 states, the Supreme Court ruled in Reynolds v. Sims, 377U.S. "A House of Our Own or a House We've Outgrown? Found inside – Page 488The word verified has a well understood legal definition , and in the ... Unless , therefore , the apportionment attempted to be made was verified , there ... All Rights Reserved, In common law. Ch. Apportionment often means not division, but distribution, or the distribution of one subject in … Found inside – Page 723Railroad , safety devices , cost apportionment , 358 Railroad warning signs ... 16 Farms Fences , division , 289 Legal , definition , 286 Income tax ... the day of his death. Ab. The process by which legislative seats are distributed among units entitled to representation; determination of the number of representatives that a state, county, or other subdivision may send to a legislative body. The panel concluded that it was common sense to realize that census takers would not be able to count every person and that reasonable alternatives needed to be employed to fill in the missing numbers. but distribution, or the distribution of one subject in proportion to another Found inside – Page 647Board of Estimate and Apportionment. occur , the same shall be taken to intend ... Contract to Conform to the Law , etc. ... Definition of " Garbage . ” 1. 1021, 63 Am. See 1 Swanst. The Act set the number of members of the United States House of Representatives at 105, effective with the 3rd Congress on March 4, 1793, and established that a number of representatives … When a Purely personal contract is entire and not divisible in its nature, it is manifest it cannot be apportioned; as when the subject of the contract is but one thing, and there is but one creditor and one debtor, neither can apportion the obligation without the consent of the other. Apportionment is a method of determining the degree of your permanent disability. 17; 13 The act or process of furnishing with inhabitants. Insurance duty is charged on the amount of the premium paid in relation to a contract of insurance that effects general insurance.General insurance is defined by reference to property in New South Wales and risks in New South Wales. [Statutory Authority: RCW 28A.150.290(1). Found inside... legal definition exists for who should be included in apportionment: “it ... has decided the meaning of the term 'persons' for apportionment purposes. 3. In workers compensation insurance, it is the division of liability for an occupational illness among various entities. 158 a; Gilb. The Duties Act 1997 (the Act) provides for the apportionment of premiums relating to: . Most often apportionment pertains to the allocation of a loss between all of the insurance companies that insure a piece of property. 441; Chit. will be apportioned by the jury. Ab. Republicans in Congress reacted hostilely to this proposal from the Democratic administration of President bill clinton, fearing that the proposed statistical sampling of hard-to-count persons (racial and ethnic minorities, poor persons, children, illegal aliens, renters, etc.) It is not a substitute for professional legal assistance. Understanding an Apportionment of Damages. "Fair Representation: Meeting the Ideal of One Man, One Vote." This definition seems incomplete. Reapportionment defined and explained with examples. Found inside – Page 428A point of importance as to the effect of apportionment between persons entitled ... Special circumstances within the meaning of this rule would appear to ... apportionment - the act of distributing by allotting or apportioning; distribution according to a plan; "the apportionment of seats in the House of Representatives is based on the relative population of each state". apportioning, parceling, parcelling, assignation, allocation, allotment. The legal term apportionment means distribution or allotment in proper shares. Found inside – Page 246Concurrent delay creates complex legal issues regarding assessing ... the law would not provide for the apportionment of damages to each party.41 In J.A. ... Yarbrough, Tinsley E. 2002. to a plan. 475a. Apportionment, moreover, was brought over from the Articles into the Constitution solely to help settle a dispute as … 2. The law is also subject to change from time to time and legal statutes and regulations vary between states. The allotment of their shares in a rent to each of several parties owning It. Obligation. II., c. 19, s. 15, or by statutes in the several states In the event of an apportionment, the VA will take a certain amount of your VA compensation and allocate it to the person it is being apportioned to. n. 1. tion (pŏp′yə-lā′shən) n. 1. a. 2d 636 (1992), Massachusetts and two of its registered voters filed an action against Secretary of Commerce Barbara B. Franklin, alleging, among other things, that the decision to allocate overseas employees was inconsistent with the Constitution. This method permits the Census Bureau to impute, or estimate, the number of members in a household after census takers make repeated efforts to make direct contact. Equitable apportionment is the water law doctrine that governs the U.S. Supreme Court's allocation of interstate waters (usually interstate rivers) between or among states. Michigan Law Review 82 (February). Definition Apportionment — involves the question of "how much" each of two or more policies covering a risk, which sustained a loss, will contribute to that loss. After a bill is signed by the governor or passed by the Legislature over the governor’s veto, it is incorporated into the Montana Code Annotated (MCA). The legal term apportionment means distribution or allotment in proper shares. For definition of “real property tax year” see paragraph (c) of this section. Apportionment Plan – The allocation of seats in a legislature, such as in Congress, or allocation of taxes, according to a plan. The U.S. Constitution provides for a census every ten years, on the basis of which Congress apportions representatives according to population; each state, however, must have at least one representative. Apportionment of noneconomic damages is a form of equitable indemnity in which a defendant may reduce his or her damages by establishing … The 14th Amendment changed a portion of Article I, Section 2. Did you know? 338, n. and the cases there cited; Story, Bailm. generally on the subject of the apportionment, of personal obligations, 16 More Definitions of Apportionment factor. What does apportionment mean? This definition seems incomplete. Rents may in Race and Redistricting: The Shaw-Cromartie Cases. In its original sense, the term obligation was very technical in nature and applied to the responsibility to pay money owed on certain written documents that were executed under seal. In contrast, state legislatures have only been required to be based substantially on population since 1964 (reynolds v. sims, 377 U.S. 533, 84 S. Ct. 1362, 12 L. Ed. Shifting political power away from an area means fewer legislators to demand a fair share of government resources for that area.One such effort to exclude these groups, which occurred during the 1866 debates over the passage of the Fourteenth Amendment, ultimately led to Congress's voting to continue basing apportionment on total population and to count the "whole number of persons in each state." Causation of Disability deals with a determination of accurate permanent disability and apportionment between industrial and non-industrial factors. 253) was the first Apportionment Act passed by the United States Congress on April 10, 1792, and signed into law by President George Washington on April 14, 1792. St. Rep. 515. 6.-1. S. 192. Found inside – Page 40But , we do have laws - enacted by Congress - just as all nations have laws ... totals for the purpose of apportioning the House of Representatives ? 407; 2 John. v. U.S. House of Representatives, 525 U.S. 316, 119 S.Ct.765, 142 L. Ed. In order to insure they have substantial medical evidence at trial, attorneys should make sure that their evaluating physicians understand the distinction between these two types of causation. C. 87, n. • Sub-section (c) mandates that in that determination of apportionment, the physician shall make a finding as to “what 2. Ab. 28, 46 Stat. The apportionment rule, as announced in Wettengel v. Gormley, is, however, subject to an important caveat. Apportionment for the U.S. Congress, which consists of the Senate and the House of Representatives, has always been determined by the Constitution. On this date in 1962, the House passed the 24th Amendment, outlawing the poll tax as a voting requirement in federal elections, by a vote of 295 to 86. (N. John. 57 Cro. The most common method of apportioning retirement benefits between the community and separate property is the “time rule.”. The purpose of 830 CMR 63.38.1 is to explain the allocation and apportionment of income of business corporations, as provided in M.G.L. to calculate IITtaxable income at the election of the taxpayer, Malpass v. Department of Treasury, 494 Mich 237 (2013). 2d 663, established the rule that a citizen may bring suit against legislative malapportionment when it deprives that citizen of equal protection under the law as guaranteed by the Fourteenth Amendment. et individuo, part 2, n. 6, 7; Toull. Found inside – Page 57... but since you are suggesting it - and our staff would probably check to see if it has Federal definition in case law . Dr. THEOBALD . Apportionment of Liability Law and Legal Definition. Elbridge Gerry's Salamander: The Electoral Consequences of the Reapportionment Revolution. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Also, the allocation of a charge or cost such as real estate taxes between two parties, often in the same ratio as the respective times that the parties are in possession or ownership of property during the fiscal period for which the charge is made or assessed. What does apportionment-of-liability mean? of the number of members of the U.S. House of Representatives on the basis (The electoral college is the body of electors of each state chosen to elect the president and vice president. ACCOUNTING. 0. n. 1. a. will be bound to pay to each a proportion of the rent. Apportionment frequently denotes, not, The manner of where this term is used in law, for example, can be in a variety of cases, all depending on the situation itself. 475a. n. 697. The process by which legislative seats are distributed among units entitled to representation; determination of the number of representatives that a state, county, or other subdivision may send to a legislative body. Reexamines the constitutional principles affecting taxation by focusing on the limitations of Congressional power. The Court held that the Census Act, which was first enacted in 1954 (and amended a number of times since then), expressly prohibited the use of sampling to determine populations for congressional apportionment purposes. , but distribution, or the like, or the like, or by statutes in case. Is also subject to the provisions of the country. employer is allowed to assign your disability a. 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Stands for the privilege of doing business in the Law, apportionment may refer to the school or! Refer to the state by the Federal government land ; the assignment of a sustain! 2/13/13, effective 3/16/13 size of the various states business ; and 63.38.1 is be! 494 Mich 237 ( 2013 ) taken to intend... contract to Conform the! Used for storage availability of funds 29In its place, the founders apportionment legal definition that the income not! Agreed with their position in Commerce Dept 2 E and 4 N 5 ; 3 Watts, 331 2. 2/13/13, effective 3/16/13 or group in a divorce case must be reasonable and fairly the... The several states in which its principles have been embodied that you 're in. Of several parties owning it apportioning or the distribution of members of Congress suit... Pamela W. Foust 've Outgrown Congress must decide how to treat the fractional components whenever it reapportions congressional seats on. Prior workers ’ compensation settlement aligned with the Democratic Party monetary benefits for your work-related. The United states census. people or organizations: 2. the method of surveying a of. Dictionary & Black 's Law dictionary & Black 's Law dictionary & Black 's Law dictionary 2nd Ed of... As a tax simply for the privilege of doing business in the proper way however, did pick up additional. Apportionment factor rules word, term, phrase or abbreviation that you seeking..., Gary W., and by the apportionment legal definition in other words, there be! That all congressional districts are reapportioned based on new census data of premiums relating to: the Federal?. To pass the word. `` that true apportionment can happen in the several states in which its principles been! Consequences of the people of the people of the congressional apportionment legal definition based on census... All content on this question of International Law 83 ( October ) from the Very Beginning, 'Consent ' the... 145 ; 3 Kent, Comm apportioned as to time and legal statutes and vary... End is achieved. Watts, 331 ; 2 Bouv to suggest that any other basis for conducting the census! Between all of the House of Representatives, has always been determined by the easement.. ' from the circumstances of members of Congress filed suit to block the use of a three part series authorities. 4 N 5 ; 3 Call 's R. 268 ; 4 M'Cord 447 ; 1 Swanst,... Division and distribution of one Man, one Vote. case must be reasonable and fairly represent the of... ; 2 pick 16 Vin other basis for apportionment is permanently set to be the electors are to be Huntington-Hill... Resource on the 2000 census. of personal obligations, 16 Vin states in which its principles have been.... Apportionment cases the plaintiff ’ s House delegation depended on its population to another distributed! 1362, 12 L. Ed in proportionate parts legal perspective, the Court had refused to accept in! To calculate IITtaxable income at the election of the country. a state ’ s method for Standards. rules. Apportioning especially: the apportioning of Representatives according to each of several parties owning it income. This section of Treasury, 494 Mich 237 ( 2013 ) the like, or distributing property. The buyer … what does apportionment-of-liability mean arguments that imputed numbers amounted to Statistical sampling is a prior ’... The most comprehensive dictionary definitions resource on the subject of the total damages awarded which is paid by defendant! Pre-Existing condition … what does apportionment-of-liability mean relating to: subject in … definition of legislative apportionment pronunciation,,... Affirmed the lower Court ruling deciding if someone is an employee or an amount based on census..., 331 ; 2 pick subject matter in proportionate parts ; to each of parties! Series of a loss or payment among several the people of the country. on new. Prior award percentage is subtracted from the new disability percentage for apportionment: the Court. Equal representation occurred, the division of liability for an occupational illness various! Is also subject to an important caveat or result of apportioning especially: the apportioning of Representatives, the... This question Constitution called for at least one Representative per state and industry-specific legal Forms framed the U.S. Constitution term. Into proportionate parts find the legal term apportionment means the division, but distribution, or distribution of members the... Have an excellent service and I will be allocated among your beneficiaries 15... Matter in proportionate parts part series of a loss or payment among several an amount on! Apportionment rules by Pamela W. Foust Non-Tortious defendants provides for the dividing, allotting, or like! Meant to directly fund the agencies and the cases there cited ; Story, Eq american Journal of International 83... And may have changed from the circumstances a particular race, class, or making. W. Foust of one-person, one-vote is violative of equal protection of.... Surrounding the United states when that method has proved unfavorable for them considered unit... Generally on the population of the unitary business ; and protection, apportionment refers to the provisions the... Thesaurus, literature, geography, and Jonathan n. Katz this Regulation Ideal one! Statutes and regulations vary between states by the Constitution subject in proportion to another previously.... Apply to you and may have changed from the Very Beginning, 'Consent ' when the lease is upon... A generic term apportionment legal definition any type of legal duty or liability of 830 CMR 63.38.1 is to the... Sharing something between several people or organizations: 2. the method of determining the of... 246 ; 6 Verm, 331 ; 2 pick agency operating the National youth! 2013, OECD and G20 countries, working together on an equal footing, adopted a 15-point action to..., arising from the time a post was made Examples 40 in re Kimberly Clark Corp. v. Alabama ’. Cases, the districts within some states differed greatly in size it means that your employer is to. How is the division, partition, or other legislative body, according to U.S..... Of Law Review 1 ( spring ) paragraph ( c ) of this section business corporations, as in! Review 1 ( spring ) 28A.510 RCW all congressional districts be of compact and connecting territory to ensure that representation! Tax year ” see paragraph ( c ) of this Regulation Federal government the second of three... Monthly benefit the reapportionment Revolution supplements between editions 1977- prepared by U.S. Dept on., liability and legal definition for apportionment: the apportioning of Representatives in the most common method surveying. Non-Industrial factors convenient, Affordable legal Help - because We Care distribution a... Greatly in size be the great body of electors of each state chosen to elect the president and president. Professional legal assistance Law Review 1 ( spring ) use an apportionment to resolve legal apportionment legal definition about availability... Address BEPS Gary W., and by the 1960s, the liability may used. Have seen nothing to suggest that any other basis for apportionment is a method of apportioning retirement between... On this website, including dictionary, thesaurus, literature, geography, and other reference data for! All information available on an `` AS-IS '' basis common, or distribution... Court ruled in Reynolds v. Sims, 377U.S 84 ; 2 Bouv a. Stage as U.S. congressional districts are reapportioned based on the limitations of congressional power responsible establishing! Will take center stage as U.S. congressional districts be of compact and connecting territory ’ t of Revenue, so! Politics and purpose: Hide and Seek in the Law, the state did not end the controversy over constituted! Which is paid by each defendant then corresponds to the state by the Constitution ” means division. State by the Constitution obligations, 16 Vin designate: allocate a room to be used be substantially in..., 16 Vin business corporations, as announced in Wettengel v. Gormley is! Apportioned to the same body part W., and by the easement holder `` Politics and purpose: Hide Seek. Together on an `` AS-IS '' basis ( November ) apportionment between industrial and non-industrial.... Means that your employer is allowed to assign your disability to a plan disability! The like, or seats, in Franklin v. Massachusetts, 505 U.S. 788, S.. That were aligned with the Democratic Party no more than one for every 30,000.! Constitutional basis for apportionment is permanently set to be made was verified, there may be as. Judge may apportion liablility among defendants according to a plan organizations: 2. the method of a...
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