Theory - Topicality - Pre-Institutex - hdcworkshop

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Nov 29, 2013 (3 years and 8 months ago)

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Topicality

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***Resolved***

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Resolved


Determined/Fixed

Resolved means determined, explained or answered

Hyperdic.net, http://www.hyperdic.net/dic/r/resolved.shtml (BLUEOC 0001)

Determined. Explained or answered.

Resolved means settled or fixed

OXFORD ENGLISH DICTIONARY, 2nd Ed., 1989, p. http://dictionary.oed.com/. (DRGCL/A1)

resolved, ppl. a. 1. Of persons: Determined, decided, settled in purpose. Also const. with inf., that, e
tc.
1520 HEN. VIII in Lett. Kings Eng. (Halliw.) I. 246 Whereunto..none of our..ancestors were ever
so..determinate resolved as we be at this time. 1560 J. DAUS tr. Sleidane's Comm. 6 He was fully
resolved to stire up no further disputation. 1611 BIBLE Luk
e xvi. 4, I am resolued what to doe. 1687 T.
BROWN Saints in Uproar Wks. 1730 I. 83, I am resolved to undeceive mankind. 1737 BERINGTON Mem.
G. de Lucca (1738) 51 These Considerations made me as good as resolv'd to go along with him. 1760
-
2
GOLDSM. Cit. W.

xxvii, He was resolved they should have learning. 1819 SHELLEY Cenci III. i. 341 That
word parricide, Although I am resolved, haunts me like fear. 1847 C. BRONTË J. Eyre xxxv, He was in
deep earnest, wrestling with God, and resolved on a conquest. b. Cons
t. with for, against, from, of (=
on). 1582 T. WATSON Cent. of Love xcvi, I liue secure,.. Fully resolu'd from louing any more. 1639 FULLER
Holy War IV. xvii. 198 About this time many thousands of the English were resolved for the Holy warre.
1641 W. MOUNT
AGU in Buccleuch MSS. (Hist. MSS. Comm.) I. 289 The Temple is resolved of a
Christmas. 1659 HAMMOND On Ps. 610 My enemies are maliciously resolved against me. 2. Convinced,
satisfied. Obs. 1577 WHETSTONE Gascoigne ii, Yet trust me frends.., I am resolu'd,
I neuer liu'd til now.
1595 RALEIGH Discov. Guiana (1887) 106 For mine own part I am resolved it is true. 1608 MIDDLETON
Trick to catch Old One III. i, Since you are so well resolved of my faith toward you. 1719 D'URFEY Pills
(1872) III. 97
Being well reso
lved

that none Could see her Nakedness. 3. a. Of the mind, etc.: Freed from
doubt or uncertainty;
fixed
, settled. Obs. 1497 Lett. Rich. III & Hen. VII (Rolls) I. 110 Our fynal and
resolved mynde is that ye obteyne al thes articles comprised in the second p
arte. 1578 BANISTER Hist.
Man v. 82 To passe this point with a cleare resolued mynde. 1643 SIR T. BROWNE Relig. Med. I. §3, I
could never perceive..that a resolved conscience may not adore her Creator anywhere. 1660 N. INGELO
Bentiv. & Ur. II. (1682) 76 It

is difficult to suppose that he hath any resolved thoughts concerning God. b.
Of actions, states of mind, etc.: Fully determined upon, deliberate. 1595 SHAKES. John II. i. 585 From a
resolu'd and honourable warre, To a most base and vile
-
concluded peace.
1638 A. READ Chirurg. xxxi.
230 A doubtfull hope is better than a resolved despaire. 1694 KETTLEWELL Comp. for Penitent 92
Confess them to him with a resolved aversion:
being resolved

in heart to forsake all. a1716 SOUTH
Serm. (1744) X. 185 A
settled,

cons
tant, resolved living in sin. 1890 ‘R. BOLDREWOOD’ Miner's Right
(1899) 13/1 A great and often resolved scheme. c. Deliberately adopted or accepted. Obs. 1659 RUSHW.
Hist. Coll. I. 176 They shew that some of the Opinions which offended many, were no other
then the
resolved Doctrine of this Church. d. That has been decided on. 1748 RICHARDSON Clarissa (1811) VIII.
273 Not a resolved
-
on case. 4. Of persons, the mind, etc.: Characterized by determination or firmness of
purpose; resolute. 1586 MARLOWE 1st Pt. T
amburl. I. ii, What strong enchantments tice my yielding soul
To these resolved, noble Scythians. 1612 DRAYTON Poly
-
olb. viii. 272 Brave Voadicia made with her
resolued'st men To Virolam. 1681 H. MORE Postscr. to Glanvill's Sadducismus (1726) 17 Of whom he

is
sworn Advocate and resolved Patron, right or wrong. 1749 FIELDING Tom Jones XVI. iv, Here stands your
resolved daughter. 1816 SCOTT Antiq. i, The hat pulled over his resolved brows. 1856 FROUDE Hist. Eng.
(1858) I. iii. 207 Men of..broad resolved tempe
r. Comb. 1890 ‘R. BOLDREWOOD’ Col. Reformer (1891)
202 A subdued, bronzed, resolved
-
looking man.

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Resolved


Formal Vote Required

Resolved means to express by formal vote

Webster’s

Revised Unabridged
dictionary, 1998

(dictionary.com) (HARVAF3776)


R
esolved
: 5. To express, as an opinion or determination, by

resolution and
vote;

to declare or decide
by a formal vote;
--

followed by a clause; as, the house resolved (or, it was resolved by the house) that
no money should be appropriated (or, to appropriate no m
oney).


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***The***

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The
--

Definite

The is definite

MERRIAM
-
WEBSTER, Online Dictionary, 2004, p. http://www.m
-
w.com/cgi
-
bin/dictionary?book=Dictionary&va=The&x=15&y=18. (DRGCL/A3)

Main Entry: 1the Pronunciation: before consonants usually [th]&
, before vowels usually [th]E, esp
Southern before vowels also [th]&; for emphasis before titles and names or to suggest uniqueness
often '[th]E Function: definite article Etymology: Middle English, from Old English thE, masc.
demonstrative pronoun & defin
ite article, alteration (influenced by oblique cases
--

as thæs,
genitive
--

& neuter, thæt) of sE; akin to Greek ho, masculine demonstrative pronoun & definite
article
--

more at THAT 1 a
--

used as a function word to indicate that a following noun or nou
n
equivalent is definite

or has been previously specified by context or by circumstance <put the cat
out> b
--

used as a function word to indicate that a following noun or noun equivalent is a unique
or a particular member of its class <the President> <the

Lord> c
--

used as a function word before
nouns that designate natural phenomena or points of the compass <the night is cold> d
--

used as
a function word before a noun denoting time to indicate reference to what is present or
immediate or is under consid
eration <in the future> e
--

used as a function word before names of
some parts of the body or of the clothing as an equivalent of a possessive adjective <how's the
arm today> f
--

used as a function word before the name of a branch of human endeavor or
pr
oficiency <the law> g
--

used as a function word in prepositional phrases to indicate that the
noun in the phrase serves as a basis for computation <sold by the dozen> h
--

used as a function
word before a proper name (as of a ship or a well
-
known building
) <the Mayflower> i
--

used as a
function word before the plural form of a numeral that is a multiple of ten to denote a particular
decade of a century or of a person's life <life in the twenties> j
--

used as a function word before
the name of a commodity

or any familiar appurtenance of daily life to indicate reference to the
individual thing, part, or supply thought of as at hand <talked on the telephone> k
--

used as a
function word to designate one of a class as the best, most typical, best known, or mo
st worth
singling out <this is the life> <the Pill>
--

sometimes used before a personal name to denote the
most prominent bearer of that name 2 a (1)
--

used as a function word with a noun modified by an
adjective or by an attributive noun to limit the app
lication of the modified noun to that specified
by the adjective or by the attributive noun <the right answer> <Peter the Great> (2)
--

used as a
function word before an absolute adjective or an ordinal number <nothing but the best> <due on
the first> b (1
)
--

used as a function word before a noun to limit its application to that specified by
a succeeding element in the sentence <the poet Wordsworth> <the days of our youth> <didn't
have the time to write> (2)
--

used as a function word after a person's name

to indicate a
characteristic trait or notorious activity specified by the succeeding noun <Jack the Ripper> 3 a
--

used as a function word before a singular noun to indicate that the noun is to be understood
generically <the dog is a domestic animal> b
--

used as a function word before a singular
substantivized adjective to indicate an abstract idea <an essay on the sublime> 4
--

used as a
function word before a noun or a substantivized adjective to indicate reference to a group as a
whole <the elite>


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The

--

Specific

“The” denotes specificity

American Heritage Dictionary

of the English Language,
2000
(dictionary.com) (HARVAF3777)

the Used before singular or plural nouns and noun phrases that denote particular, specified
persons or things:

the baby; the dr
ess I wore. Used before a noun, and generally stressed, to
emphasize one of a group or type as the most outstanding or prominent: considered Lake Shore
Drive to be the neighborhood to live in these days. Used to indicate uniqueness: the Prince of
Wales; th
e moon. Used before nouns that designate natural phenomena or points of the
compass: the weather; a wind from the south. Used as the equivalent of a possessive adjective
before names of some parts of the body: grab him by the neck; an infection of the hand
. Used
before a noun specifying a field of endeavor: the law; the film industry; the stage. Used before a
proper name, as of a monument or ship: the Alamo; the Titanic. Used before the plural form of a
numeral denoting a specific decade of a century or of
a life span: rural life in the Thirties.


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The


All Parts

‘The’ means all parts.

Merriam
-
Webster's Online Collegiate Dictionary, No Date, http://www.m
-
w.com/cgi
-
bin/dictionary
(HARVAF3778)

4
--

used
as a function word before a noun or a substantivized adj
ective
to indicate reference to a
group as a whole <the elite>


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The


Unique/One

‘The’ means unique, as in there is one usfg

Merriam
-
Webster's Online Collegiate Dictionary,

no date, http://www.m
-
w.com/cgi
-
bin/dictionary (HARVAF3779)

b
--

used

as a function word t
o indicate that a following noun

or noun equivalent
is a unique or a
particular member of its class

<the President> <the Lord>

“The” denotes a specific, unique object.

American Heritage Dictionary of the English Language, 2000

(dictio
nary.com) (PDNS3483)

the Used before singular or plural noun
s and noun phrases that
denote particular, specified
persons or things:

the baby; the dress I wore. Used before a noun, and generally stressed, to
emphasize one of a group or type as the most outs
tanding or prominent: considered Lake Shore
Drive to be the neighborhood to live in these days. Used to indicate uniqueness: the Prince of
Wales; the moon. Used before nouns that designate natural phenomena or points of the
compass: the weather; a wind fro
m the south. Used as the equivalent of a possessive adjective
before names of some parts of the body: grab him by the neck; an infection of the hand. Used
before a noun specifying a field of endeavor: the law; the film industry; the stage. Used before a
pr
oper name, as of a monument or ship: the Alamo; the Titanic. Used before the plural form of a
numeral denoting a specific decade of a century or of a life span: rural life in the Thirties.



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***Government/USFG***

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Government
--

Central Government


Is the
central government

PRINCETON UNIVERSITY WORDNET, 1997, p.
http://www.dictionary.com/search?q=federal%20government. (DRG/UNA3)

federal
governmen
t. n: a
government with strong central powers.

Central government rather than the states

WEBSTER'S NEW INTERNAT
IONAL DICTIONARY OF THE ENGLISH LANGUAGE, UNABRIDGED, 1976, p.
833. (MHHAR7002)

United: Of or
relating to the central government of a nation
, having the character of a federation as
distinguished from the governments of the constituent united

(as states or

provinces).

Federal government in Washington, d.c.

WEST'S LEGAL THESAURUS/DICTIONARY, 1985, p. 744. (MHHAR7000)

United States: Usually means the federal government centered in Washington, D.C.

United States federal government” is the central government i
n D.C.

ENCARTA WORLD ONLINE ENCYCLOPEDIA, 2006, p.
http://encarta.msn.com/encyclopedia_1741500781/United_States_(Government).html (PDNS3486)

United States Government,

the combination of federal, state, and local laws, bodies, and agencies
that is responsi
ble for carrying out the operations of the United States. The
federal government of the
United States is centered in Washington, D.C.

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Federal Government


All Three Branches

Government includes all three branches

Shafritz 88


1988 (The Dorsey Dictionary o
f American Government and Politics, p. 249)

Government is the formal institutions and process through which binding decisions are made for a society. Henry David Thoreau

(1817
-
1862)
wrote in
Civil Disobedience

(1849) that “that government is the best which governs least”. This statement is often attributed to Thomas
Jefferson but while it certainly reflects his philosophic sentiments, it has never been found in any of Jefferson’s writings
.

2 The
apparatus of th
e state, consisting of executive, legislative, and judicial branches.

3
A political entity that has
taxing authority and jurisdiction over a defined geographic area for some specified purpose, such as fire protection or schoo
ls. 4 The
indiciduals who tempo
rarily control the institutions of a state or subnational jurisdiction. 5 The United States government, especially as in
“the government”.

The United States government refers to the three branches of the federal government

WordNet, Princeton University,
2003, p.
http://dictionary.reference.com/search?q=us%20government (PDNS3487)

U.S. government

n : the
executive and legislative and judicial branches of the federal government of
the United States

[syn: United States government, United States, U.S. governme
nt, US Government,
U.S.]

The United States federal government is the three branches

Answers Corporation (the world’s greatest encyclodicationalmanacapedia) date of access: June 26,
2006 http://www.answers.com/topic/united
-
states (PDNSS4700)

The government

of the United States is that of a federal republic set up by the Constitution of the
United States, adopted by the Constitutional Convention of 1787. There is a division of powers
between the federal government and the state governments. The federal gover
nment consists of
three branches: the executive, the legislative, and the judicial. The executive power is vested in the
President and, in the event of the President's incapacity, the Vice President. (For a chronological list of
all the presidents and vice

presidents of the United States, including their terms in office and political
parties, see the table entitled Presidents of the United States.) The executive conducts the
administrative business of the nation with the aid of a cabinet composed of the Att
orney General and
the Secretaries of the Departments of State; Treasury; Defense; Interior; Agriculture; Commerce;
Labor; Health and Human Services; Education; Housing and Urban Development; Transportation;
Energy; and Veterans' Affairs.

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Federal Government



All Three Branches

USFG is legislative, executive and judicial branch

Wikipedia Online Encyclopedia, http://www.wikipedia.org/wiki/United+States+federal+government
(BLUEOC 0002)

The government of the United States
, established by the Constitution, is a federal republic of 50
states. The national government
consists of the executive, legislative, and judicial branches
. The
head of the executive branch is the President of the United States of America. The legislative

branch consists of the United States Congress, while the United States Supreme Court is the head
of the judicial branch.

Government includes all three branches of government.

Political Science Dictionary 73


1973 (Dryden Press, Illinois, p. 174)

Governme
nt is the political and administrative hierarchy of an organized state. Governments
exercise legislative, executive, and judicial functions
; the nature of the governmental system is
determined by the distribution of these powers. Government may take many f
orms, but it must
be sufficiently powerful and stable to command obedience and maintain order. A government’s
position also depends on its acceptance by the community of nations through its diplomatic
recognition by other states.


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Federal Government


Inc
ludes the States

Includes the states

BLACK'S LAW DICTIONARY, 1969, p. 461. (DRG/UNA2)

The government of a community of

independent and sovereign
states, united by compact
.

Federal government includes states

BLACK'S LAW DICTIONARY, 1969, p. 461. (MHDRG/A7
)

federal government. The government of a community of independent and sovereign states, united by
compact.


Federal government includes states

BLACK'S LAW DICTIONARY, 1990, p. 611. (MHDRG/A8)

federal government. The system of government administered in a

nation formed by the union
or confederation of several independent states.

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Federal Government
--

United States government

Federal government is the United States government

BALLENTINE'S LAW DICTIONARY, 1969, p. 461. (MHHAR7001)

Federal Government: The g
overnment of the United States.



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Federal Government


Includes Individual Agencies

Individual agency actions are still considered “federal government” actions

WORDS AND PHRASES, 2004, Cummulative Supplementary Pamphlet, v. 16A, p. 42 (PDNS3485)

N.D.Ga. 1986.
Action against the Postal Service, although an independent establishment of the
executive branch of the federal government, is an action against the “Federal Government”
for
purposes of rule that plaintiff in action against government has rig
ht to jury trial only where right
is one of terms of government’s consent to be sued; declining to follow Algernon Blair Industrial
Contractors, Inc. v. Tennessee Valley Authority, 552 F.Supp. 972 (M.D.Ala.). 39 U.S.C.A. 201;
U.S.C.A. Const.Amend. 7.

Griff
in v. U.S. Postal Service, 635 F.Supp. 190.

Jury 12(1.2).


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Federal Government


Confederation of States

Confederation of States

BLACK'S LAW DICTIONARY, 1990, p. 611. (MHHAR7004)

Federal Government: The system of government administered in a nation formed
by the union or
confederation of

several independent
states.


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Federal Government


Interstate Compacts

Interstate compacts

BALLENTINE'S LAW DICTIONARY, 1969, p. 461. (MHHAR7005)

Federal Government: The government of a community of independent and sovereig
n states, united by
compact.

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***Should***

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Should
--

Obligation

Should is a duty or obligation

Webster's II, 1984, p. 1078 (BLUEOC 0003)

Should is used to express duty or obligation

Should is an expectation or probability

Webster's II, 1984, p. 1078 (BLUE
OC 0004)

Should is used to express probability or expectation

Obligation or duty

WEBSTER’S NEW WORLD COLLEGE DICTIONARY THIRD EDITION, 1996, p. 1242. (DRG/UNA7)

Should.

2.
used to express obligation, duty,

propriety, or desirability [you should ask first
, the
plants should be watered weekly].

Should is equal to obligation

WORDS AND PHRASES 1953, Vol. 39, p. 313. (DRGOC/A2)

The word “should”, denotes an obligation in various degrees
, usually milder than ought Baldassarre v.
West Oregon Lumber Co., 239 p.2
d 839, 842, 198 Or. 556.

Should expresses obligation and desirability

WEBSTER’S NEW WORLD COLLEGE DICTIONARY, 1999, p. 1327 (PDNS3491)

Should

v. aux. [[ME scholde <

OE sceolde, pt. of sceal, scal, I am obliged: see shall]] 1 pt. of SHALL
[I had hoped I should see you] 2
. Used to express obligation, duty, propriety, or desirability

[you
should ask first, the plants should be watered weekly] 3 Used to express expectati
on or
probability [he should be here soon, I should know by tomorrow] 4 Used to express a future
condition [if I should die tomorrow, if you should be late] 5 used in polite or tentative expression
or opinion [I should think they will be pleased] See usage

note at will2


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Should
--

Mandatory

Should implies mandatory action

WORDS AND PHRASES 1953, Vol. 39, p. 312. (DRGOC/A3)

Command implied.
The word “should
,” as used in Laws 1901, p. 387, c 106, 3, providing that, on
proof of certain facts to the county court, it shall be determined whether territory should be
disconnected from a city, does not authorize the court to do as it pleases;
the statute is
mandator
y
.

“Should” is used to express actions

MERRIAM
-
WEBSTER, 2002, p. http://www.m
-
w.com/cgi
-
bin/dictionary (PDNS3492)

1
. Used to express

obligation or duty: You should send her a note. 2. Used to
express probability
or expectation:

They should arrive at noon
.

3. Used to express conditionality or contingency: If
she should fall, then so would I. 4. Used to moderate the directness or bluntness of a statement: I
should think he would like to go.

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Should
--

Likely

Should means likely

Webster's New World Dictionary
, 1982, p. 934 (BLUEOC 0005)

Should means is likely to happen

Should describes what is probable

Compact Oxford English Dictionary, 07, (http://www.askoxford.com/concise_oed/should?view=uk)
(HARVAF3780)

should


-

modal verb (3rd sing. should) 1 used to in
dicate obligation, duty, or correctness.
2 used
to indicate what is probable.

3 formal expressing the conditional mood. 4 used in a clause with
‘that’ after a main clause describing feelings. 5 used in a clause with ‘that’ expressing purpose. 6
(in the fir
st person) expressing a polite request or acceptance. 7 (in the first person) expressing a
conjecture or hope.

Should is used to express probability or expectation

WEBSTER'S II, 1984, p. 1078 (MHBLUE0042)

Should
-

used to express probability or expectatio
n
. They should arrive here soon.

Should means is likely to happen

WEBSTER'S NEW WORLD DICTIONARY, 1982, p. 934 (MHBLUE0043)

Should
-

means is likely to happen
.

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Should


Past Tense

Should refers to past action

WEBSTER'S NEW WORLD DICTIONARY, 1982, p. 934
(MHBLUE0044)

Should
-

refers to past action.

To make statements about something that might have happened
but did not.


Past tense shall refers to the present

OXFORD ENGLISH DICTIONARY, 2nd Ed., 1989 http://dictionary.oed.com shall, v. 17. (DRGCL/A21)

In q
uestions introduced by who, whom, what, and followed by but, serving to express the
unexpectedness of some past occurrence.
The past tense
should with modal function. As with
other auxiliaries, the pa. tense (orig. subjunctive)
of shall is often used to ex
press,
not a reference
to past time, but a modal qualification of
the notion expressed by the present tense.

Where in
addition the notion of past time is to be expressed, this can often be effected by the use of the
perf. instead of the pres. inf. (though
sometimes this produces ambiguity); the temporal notion
may however be merely contextually implied, and in that case the pa. tense has the appearance
of having both functions (temporal and modal) at once. 18. a. In statements of duty, obligation, or
propri
ety (originally, as applicable to hypothetical conditions not regarded as real). Also, in
statements of expectation, likelihood, prediction, etc. This conditional form of expression was
from an early period substituted for the unconditional shall in sense
2, and in mod.Eng. the pres.
tense in this use is obs., and should = ought to. ¶with omission of have in perf. inf. b. should be:
ought according to appearances to be, presumably is. Also, ought according to expectation to be,
presumably will be (cf. sense

18a). c. you should hear, see = I wish you could hear, if only you
could hear, etc. d. Used ironically, expressing the inappropriateness or unlikeliness of the action
advocated or state envisaged, as I should worry, there is no reason for me to worry, I a
m not
worried. colloq. (orig. a Yiddishism). 19. In the apodosis of a hypothetical proposition (expressed
or implied), indicating that the supposition, and therefore its consequence, is unreal. a. Where
shall (in sense 5, 6, 7, 8, or 9) would be used if th
e hypothesis were accepted. interrogatively.
1834 K. H. DIGBY Mores Cath. V. iii. 84 But where should one finish if one were to speak of the
‘lauda Sion’ [etc.].

Should is the past tense of shall

OXFORD ENGLISH DICTIONARY, 2nd Ed., 1989, p. http://diction
ary.oed.com/ (DRGCL/A28)

Should pa. tense of SHALL v.; obs. f. SHOAL.

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Should
--

Future

Future

DICTIONARY.COM, no date, p. http://dictionary.reference.com/search?q=should. (DRG/UNA8)

Used before a verb in the infinitive to show: a.
Something that will take

place or exist in the
future: We shall arrive b. tomorrow.


Should is not exclusively in the past tense

WORDS & PHRASES, Vol 39, 1953, p. 311 (DRGCL/A24)

The regulations of the commerce department recommending, as "precautions" and "procedure"
for use of

mounted type line carrying guns and equipment, that service powder charge "should"
be about five ounces, and that powder bags "should" be furnished to vessel containing not more
than such quantity of black powder, are "mandatory", and shipowners owe seame
n duty of com
-

plying therewith. "Precaution" means previ
-

ous action; proven foresight; care previous
-

ly
employed to prevent mischief or to secure good result; or a measure taken beforehand; an active
foresight designed to ward off pos
-

sible evil or sec
ure good results. "Proced
-

ure" means manner
of proceeding or acting; a course or mode of action
. "Should" is the imperfect of "shall";
it is the
preterit of "shall"
and is used as an auxiliary verb ei
-

ther in the past tense or conditional pres
-

ent
. "Oug
ht" is a synonym of "should," and both words clearly imply obligation. b'egan v. LSlccs
Bros. S. S. Co., 3 So.2d 632, 635, 193 La. 312.

Should means expectation of future action

Remo Foresi v. The Hudson Coal Co, SUPERIOR COURT OF PENNSYLVANIA, 106 Pa. Su
per. 307; 161 A.
910; 1932 Pa. Super. LEXIS 239 July 14, 1932 (HARVAF3785)

As regards the mandatory character of the rule, the word 'should' is not only an auxiliary verb
, it
is also the preterite of the verb, 'shall'
and has for one of its meanings as def
ined in the Century
Dictionary: "Obliged or compelled (to); would have (to); must; ought (to); used with an infinitive
(without to) to
express obligation, necessity or duty in connection with some act yet to be
carried out."

We think it clear that it is in

that sense that the word 'should' is used in this rule, not
merely advisory. When the judge in charging the jury tells them that, unless they find from all the
evidence, beyond a reasonable doubt, that the defendant is guilty of the offense charged, they
should acquit, the word 'should' is not used in an advisory sense but has the force or meaning of
'must', or 'ought to' and carries [
---
8] with it the sense of [
-
313] obligation and duty equivalent to
compulsion. A natural sense of sympathy for a few unfor
tunate claimants who have been injured
while doing something in direct violation of law must not be so indulged as to fritter away, or
nullify, provisions which have been enacted to safeguard and protect the welfare of thousands
who are engaged in the haza
rdous occupation of mining.

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Should
--

Future

Should implies futurity

MERRIAM WEBSTER DICTIONARY, 1999, p. http://www.m
-
w.com/cgi
-
bin/mweb (MHHAR7006)

Should: used in auxiliary function to express futurity f
rom a point of view in the past <realized that
sh
e should have to do most of her farm work before sunrise
-
Ellen Glasgow>.

Traditional rules governing should have been abandoned


it is just used for future
obligation

American Heritage Dictionary of the English Language in ‘00 (4th Edition, p. 1612) (HAR
VAF3786)

Usage Note Like the rules governing the use of shall and will on which they are based,
the
traditional rules governing the use of should and would are largely ignored in modern American
practice
. Either
should

or would
can now be used in the first

person to express conditional
futurity:

If I had known that, I would (or somewhat more formally, should) have answered
differently. But in the second and third persons only would is used: If he had known that, he
would (not should) have answered different
ly. Would cannot always be substituted for should,
however. Should is used in all three persons in a conditional clause: if I (or you or he) should
decide to go. Should is also used in all three persons to express duty or obligation (the equivalent
of ough
t to): I (or you or he) should go. On the other hand, would is used to express volition or
promise: I agreed that I would do it. Either would or should is possible as an auxiliary with like, be
inclined, be glad, prefer, and related verbs: I would (or shou
ld) like to call your attention to an
oversight. Here would was acceptable on all levels to a large majority of the Usage Panel in an
earlier survey and is more common in American usage than should. Should have is sometimes
incorrectly written should of by

writers who have mistaken the source of the spoken contraction
should’ve.

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Should
--

Ought

Should means “ought to”

THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE, Fourth Edition 2000, p.
http://dictionary.reference.com/search?q=should. (DRGCL/A1
8)

should ( P ) Pronunciation Key (shd) aux.v. Past tense of shall Used to express obligation or duty:
You should send her a note. Used to express probability or expectation: They should arrive at
noon. Used to express conditionality or contingency: If she

should fall, then so would I. Used to
moderate the directness or bluntness of a statement: I should think he would like to go. Usage
Note: Like the rules governing the use of shall and will on which they are based, the traditional
rules governing the use
of should and would are largely ignored in modern American practice.
Either should or would can now be used in the first person to express conditional futurity: If I had
known that, I would (or somewhat more formally, should) have answered differently. But

in the
second and third persons only would is used: If he had known that, he would (not should) have
answered differently. Would cannot always be substituted for should, however. Should is used in
all three persons in a conditional clause: if I (or you or

he) should decide to go.
Should is also used
in all three persons to express duty or obligation (the equivalent of ought to):

I (or you or he)
should go. On the other hand, would is used to express volition or promise: I agreed that I would
do it. Either
would or should is possible as an auxiliary with like, be inclined, be glad, prefer, and
related verbs: I would (or should) like to call your attention to an oversight. Here would was
acceptable on all levels to a large majority of the Usage Panel in an ea
rlier survey and is more
common in American usage than should. ∙Should have is sometimes incorrectly written should of
by writers who have mistaken the source of the spoken contraction should've. See Usage Note at
if. See Usage Note at rather. See Usage No
te at shall.

Should means “ought”

MERRIAM
-
WEBSTER ONLINE DICTIONARY, 2004, p. http://www.m
-
w.com/cgi
-
bin/dictionary
(DRGCL/A19)

Main Entry: should Pronunciation: sh&d, 'shud Etymology: Middle English sholde, from Old
English sceolde owed,
was obliged to,
ought to

past of SHALL 1
--

used in auxiliary function to
express condition <if he should leave his father, his father would die
--

Gen 44:22 (Revised
Standard Version)> 2
--

used in auxiliary function to express obligation, propriety, or expediency
<'tis
commanded I should do so
--

Shakespeare> <this is as it should be
--

H. L. Savage> <you
should brush your teeth after each meal> 3
--

used in auxiliary function to express futurity from a
point of view in the past <realized that she should have to do most
of her farm work before
sunrise
--

Ellen Glasgow> 4
--

used in auxiliary function to express what is probable or expected
<with an early start, they should be here by noon> 5
--

used in auxiliary function to express a
request in a polite manner or to softe
n direct statement <I should suggest that a guide... is the
first essential
--

L. D. Reddick

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Should


Recommended Course of Action

Should recommends a course of action

WORDS & PHRASES, Vol 39, 2003, p. 226. (DRGCL/A22)

C.A.10 2001.
Term "should" in
statute indicates recommended course of action
, but does not
itself imply obligation associated with "shall. "
-
Qwest Corp. v. F.C.C., 258 F.3d 1191.
-
Statut 227.
C.A.2 (N.Y.) 1999.Common meaning of the term "should" suggests or recommends a course of
action
, while ordinary understanding of "shall" de
-

scribes a course of action that is mandatory,
and, in absence of clear manifestation of intent on part of Sentencing Commission to attribute to
"should" a meaning contrary to the common one, the term should be
given its usual meaning
when interpreting sentencing guidelines and application notes. U.S.S.G. § 1131.1 et seq., 18
U.S.C.A.
-
U.S. v. Maria, 186 F.3d 65.
-
Sent & Pun 661, 665.

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Should


Implies Desirability

Should expresses desirability

WEBSTER’S NEW WORLD
COLLEGE DICTIONARY, 1996, p. 1242. (DRGCL/A23)

Should. 2. used to express

obligation, duty, propriety, or
desirability

(you should ask first, the
plants should be watered weekly).


S
hould expresses desirability

Cambridge Dictionary of American English, 07

(http://dictionary.cambridge.org/define.asp?key=should
-
1+0&dict=A) (HARVAF3781)

should (DUTY) auxiliary verb


used to express that it is

necessary,
desirable,

advisable, or
important to perform the action of the following verb

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Should


Not Mandatory

Shoul
d is not mandatory

Words and Phrases, 2002. (“Words and Phrases: Permanent Edition” Vol. 39 Set to Signed. Pub. By
Thomson West. P. 369) (HARVAF3782)

C.A.6 (Tenn.) 2001. Word “
should,” in most contexts, is

precatory,
not mandatory
.
----
U.S. v.
Rogers, 14
Fed.Appx. 303.
----
Statut227

Should is permissive

it’s a persuasive recommendation

Words and Phrases, 2002. (“Words and Phrases: Permanent Edition” Vol. 39 Set to Signed. Pub. By
Thomson West. P. 370) (HARVAF3783)

Cal.App. 5 Dist. 1976. Term “
should,” as
used in statutory provision

that motion to suppress
search warrant should first be heard by magistrate who issued warrant,
is used in regular,
persuasive sense,

as recommendation, and is thus not mandatory but permissive. West’s Ann.Pen
Code, § 1538.5(b).
-
--
Cuevas v. Superior Court, 130 Cal. Rptr. 238, 58 Cal.App.3d 406
----
Searches
191.

Should means desirable or recommended, not mandatory

Words and Phrases, 2002. (“Words and Phrases: Permanent Edition” Vol. 39 Set to Signed. Pub. By
Thomson West. P. 372
-
3
73) (HARVAF3784)

Or. 1952. Where safety regulation for sawmill industry providing that a two by two inch guard rail
should be installed at extreme outer edge of walkways adjacent to sorting tables was immediately
preceded by other regulations in which word

“shall” instead of “should” was used, and word
“should” did not appear to be result of inadvertent use in particular regulation, use of
word
“should” was intended to convey idea that particular precaution involved was desirable and
recommended, but not ma
ndatory
. ORS 654.005 et seq.
----
Baldassarre v. West Oregon Lumber
Co., 239 P.2d 839, 193 Or. 556.
---
Labor & Emp. 2857

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Should
--

Duty

Should is used to express duty or obligation

WEBSTER'S II, 1984, p. 1078 (MHBLUE0041)

Should
-

used to express duty or obl
igation
. You should write a thank you note.

MERRIAM
-
WEBSTER COLLEGIATE DICTIONARY ONLINE, 2002, p.
http://www.webster.com/cgi
-
bin/dictionary. (MHDRG/A10)

2. used in auxiliary function to express obligation, propriety, or expediency <'tis commanded
I should

do so
-

Shakespeare> <this is as it should be
-

H.L. Savage> <you should brush your
teeth after each meal>.

WEBSTER'S NEW WORLD COLLEGE DICTIONARY THIRD EDITION, 1996, p. 1242.
(MHDRG/A9)

Should. 2. used to express obligation, duty, propriety, or desirabi
lity [you should ask first, the
plants should be watered weekly].


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***Substantially***

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Substantially


Real Worth, Important

Of real worth or importance

BLACK’S LAW DICTIONARY, 1990, p. 1428 (DRG/UNA22)

Of real worth and importance;

of considerable value;

valuable.

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Substantially


In Substance

In substance

BLACK’S LAW DICTIONARY, 1990, p. 1428 (DRG/UNA23)

Belonging to substance;

actually existing, real; not seeming or imaginary; not illusive; solid, true.

In substance

WORDS & PHRASES, 1990, p. 287 (DRG/U
NA24)

What does “substantial portion” mean? It is plan that the phrase requires a comparison with the
whole rent, and the whole rent means the entire contractual rent payable by the tenant in return for
the occupation of the premises together with all othe
r covenants of the landlord. “Substantial” in this
connection is not the same as “not insubstantial,” i.e., just enough to avoid the “de mimis” principle.
One of the primary meanings of the word is equivalent to considerable, solid, or big.

Substantial
means solidly built: strong

WEBSTER'S II, 1984, p. 1155 (MHBLUE0038)

Substantial
-

means solidly built: strong
.

Substantial is of, relating to, or having substance: material

WEBSTER'S II, 1984, p. 1155 (MHBLUE0039)

Substantial
-

is of, relating to, or ha
ving substance: material.


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Substantial


Means Real

Substantial means real

WORDS & PHRASES, Vol. 40A, 2002, p. 460. (DRGCL/A35)

Ala. L909. "
Substantial" means

"belonging to, substance; actually existing;
real;

not seeming or
imaginary; not illusive; real;

solid; true; veritable."
-
Elder v. State, 50 So. 370, 162 Ala. 41. ;,

Substantial means real

WORDS & PHRASES, Vol. 40A, 2002, p. 462 (DRGCL/A36)

Ala.App. 1957.
Word "substantial" means belonging to substance, actually existing, real
, not seeming
or imaginary,
not illusive, real
, solid, true, and veritable.
-
United States Pipe & Foundry Co. v. Nettles.
96 So.2d 186, 39 Ala.App. 115. certiorari denied 96 So.2d 195, 266 Ala. 700.

Substantially means in substance, actually, really

OXFORD

ENGLISH DICTIONARY, 2003, p.
http://dictionary.oed.com/cgi/entry/00241094?single=1&query_type=word&queryword=substantiall
y&edition=2e&first=1&max_to_show=10. (DRGOC/A35)

In substance;

in one's or its substantial nature or existence;
as a substantial thing

or being. b.
Essentially, intrinsically. c. Actually, really.

Substantial is real

WEBSTER'S II, 1984, p. 1155 (MHBLUE0037)

Substantial
-

is not imaginary: real.

Substantially means real

WORDS & PHRASES, 2005, p. 327 (PDNS3523)

Cal. 1956
. “Substantially”

means in a substantial manner, really
, solidly, completely.

Substantial refers to real at the present time

WORDS AND PHRASES, 1964, p. 750 (PDNS3524)

The
word
s “outward, open, actual, visible,
substantial
, and exclusive,” in connection with a
change of p
ossession, mean substantialy the same thing. They
mean

not concealed; not hidden;
exposed to view; free from concealment, dissimulation, reserve, or disguise;
in full existence
;
denoting that which not merely can be, but is opposed to potential, apparent,
constructive, and
imaginary; veritable; benuine; certain; absolute;
real at present time
, as a matter of fact, not
merely nominal; opposed to form; actually existing; true; not including admitting, or pertaining to
any others; undivided; sole; opposed to i
nclusive.




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Substantially


Without Material Qualification

Substantially is without material qualification

BLACK'S LAW DICTIONARY, 1991, p. 1024 (MHBLUE0036)

Substantially
-

means

essentially;
without material qualification.


Without material
qualification

BLACK'S LAW DICTIONARY, 1990, p. 1428. (MHDRG/A13)

Substantially.

Essentially;
without material qualification
; in the main; in substance materially; in a
substantial manner.

Substantial means material or essentially

WORDS & PHRASES, Vol. 40
A, 2002, p. 469. (DRGCL/A32)

IILApI,. 2 Dist. 1923. “
Substantial” means in substance, in the main, essential, including material or
essential parts
.
-
White v. City Of' Otlawa. 230 IILApIt. 491, affirmcd 149 N.G. 021. 318 Ill. 463.

Substantial means
material or essentially

WORDS & PHRASES, Vol. 40A, 2002, p. 458. (DRGCL/A33)

M.D. Tenn. 1941. Word "substantial" means in substance or in a substantial manner, materially or
essentially.
-
Newark Stove Co. v. Gray & Dudley Co., 39 F.Supp. 992.

Substantially

means with material qualities

WORDS AND PHRASES, 1964, p. 818. (DRGOC/A36)

“Substantially” means meeting requirements in essential and material parts.

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Substantial


All or About

Substantially is all or about

WORDS AND PHRASES 1964, p. 818 (DRGOC/A37)

.
Statement of facts certified to contain “substantially” all material facts
, matters, and proceedings in
cause, and substantially all material evidence must be stricken. Rem. Comp.Stat. 391. “Substantially”
may mean part or about and has been defined to mea
n about, actually, competently, and essentially
.




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Substantially


In the Main

In the main

BALLENTINE’S LAW DICTIONARY, 1969, p. 1232 (DRG/UNA20)

In the main. Essentially.

Substantial means “in the main”

WORDS & PHRASES, Vol. 40A, 2002, p. 483.
(DRGCL/A31)

Pa.Super. 1957. Word "
substantial" means

considerable in amount, value, or the like and also means
large, as a substantial gain, and of
pertaining to the substance or main part of anything
.
-
Carter v.
Vecchianc, 133 A.2d 297, 183 Pa.Super. 595.

Substantially is not the main and not wholly

WORDS AND PHRASES, 1964, p. 817. (DRGOC/A38)

An oil and gas lease, describing the premises as all that certain tract of land situated in a certain
district on the waters of a designated stream, bounded “substan
tially” as follows, etc., means
bounded “about” or “in” the “main” as designated and not “wholly” or “completely.” SUBSTANTIALLY
DOES NOT MEAN 100%


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Substantially


Contextual Uses

Investment in high
-
speed rail would make a substantial difference

Clifford Winston, (Sr. Fellow, Brookings Institution), LAST EXIT: PRIVATIZATION AND DEREGULATION OF
THE U.S. TRANSPORTATION SYSTEM, 2010, 32.

Developing a 17,000
-
mile national high
-
speed rail network would

cost some $600 billion and
raise the costs of int
ercity rail passenger transportation

to an extremely high level. Moreover,
given Amtrak's limited ability to attract passengers on most routes,
the loss in social welfare from
a highly subsidized high
-
speed rail system is likely to be substantial.

Spending

$17 billion on bridges would make substantial improvement

Barry LePatner, (Attorney, LePatner & Associates, New York City), TOO BIG TO FALL: AMERICA’S FAILING
INFRASTRUCTURE AND THE WAY FORWARD, 2010, 70
-
71.

The United States as a whole is not spending
nearly enough on its roads and bridges. In its 2009
Report Card for America's Infrastructure, the ASCE estimates the gap between need and current
spending for bridges and highways separately and in the aggregate, and the shortfalls are
dramatic. According
to the ASCE,
the country needs to be spending $17 billion per year to
"substantially improve current bridge condi
tions"

but is now spending only $10.5 billion on
bridge construction and maintenance. The ASCE figures include sums for both structur
ally
def
icient and functionally obsolete bridges.

Privatization would substantially improve transportation infrastructure

Clifford Winston, (Sr. Fellow, Brookings Institution), LAST EXIT: PRIVATIZATION AND DEREGULATION OF
THE U.S. TRANSPORTATION SYSTEM, 2010, 143
.

Extrapolating from the deregulation experience, I would expect
privatization to stimulate innova
-
tions and new technologies that improve operations, service quality, and safety;

to encourage
transportation users to be more engaged in indicating their pr
eferences for various services and
resourceful in avoiding excessive charges;
and to attract a cadre of managers and workers who
have the poten
tial to improve the nation's transportation system substantially
.

Higher fuel taxes could make a substantial dif
ference in vehicle purchase decisions

David Jones, (Former Dir., Institute for Transportation Studies, Stanford U.), MASS MOTORIZATION AND
MASS TRANSIT, 2010,
232.

A conservation surtax that increases the total U.S. tax on gasoline

to $1.00
would reduce
both
the number of trips Americans make by automobile and the miles they drive
, especially for
discretionary purposes. Secondary impacts would include increased demand for fuel
-
efficient
vehicles, increased carpooling and transit use, and driving behavior
that is more fuel
-
conscious.
And if this tax were imposed on the carbon content of automotive fuels, fuel taxes could also
accel
erate the transition to hydrogen as a primary automotive fuel. In other words, higher fuel
taxes would produce a cascade of res
ponses, each of which would produce a modest reduction in
oil imports, fuel consumption, air pollution, and CO
2

emissions. Singularly, each impact would be
modest, but
cumulatively the impact would be substantial if we include the impacts on vehicle
purcha
se decisions and the mix of vehicles produced over the long term
.

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Substantially


Contextual Uses

Repairing infrastructure would constitute a substantial investment

Colin Peppard, (Staff, Natural Resources Defense Council), THE ROAD TO RECOVERY:
INVESTING

IN A NEW TRANSPORTATION POLICY, Mar. 2011. Retrieved Feb. 18, 2012 from
http://www.nrdc.org/energy/transportation/files/roadtorecovery.pdf
.

A new transportation law must
adopt a “fix
-

it
-
first” approach to infrastructure. Substantial
investment should be allocated exclusively to repairs, and states and regions must be held to a
high “state of good repair” performance standard in their long
-
range plans and transportation
im
provement programs
. The era of wasteful earmarks for flashy but foolish projects, such as the
infamous “bridge to nowhere,” must give way to a focus on fixing our creaky, decaying, and
essential existing transportation infrastructure.

Congestion pricing wo
uld make a substantial difference

William J. Mallett, (Specialist in Transportation Policy, U.S. Congressional Research Service),
PERSPECTIVES ON PUBLIC PRIVATE PARTNERSHIPS, 2010,
16.

A related point, and one not fully considered in these estimates, how
ever, is that the institution of
a toll not only provides revenue to improve the supply of infrastructure, but also tends to
suppress and/or divert travel demand. With limited toll road mileage, this effect may be relatively
minor and may be more likely to

result in traffic, diversion. Widespread tolling, on the other hand,
may result not in route diversion, but in travelers switching to other modes, changing the time of
a trip to avoid a charge, or foregoing travel altogether.
DOT has made a preliminary at
tempt to
estimate, theoretically, the effects of universal congestion pricing on infrastructure demand,
and suggests they would be substantial.

Carbon dioxide sequestration could substantially lower risk

Ah
-
Hyung Alissa Park, (Prof., Engineering, Columbia

U.), HYDROGEN FUEL: PRODUCTION, TRANSPORT,
AND STORAGE, 2009,
594.

CO
2

could be directly injected into selected underground min
eral deposits for carbonation (in situ
carbonation).
This process envisions pumping CO2

into an underground deposit of porous
magnesium or calcium
-
bearing rock. In contrast to other underground storage reservoirs of CO
2

(as in aquifers and depleted oil/gas reser
voirs), this process
would result in chemically stable
carbonates. Therefore, it

poses a sub
stantially lower long
-
term risk.

The reaction would be aided
by naturally high pressures (overburden) and could proceed more rapidly than mineral
weathering on the earth's surface.

Hydrogen use would substantially decrease emissions
Michael H
ordeski, (Engineer,
Formerly with NASA), HYDROGEN AND FUEL CELLS: ADVANCES IN TRANSPORTATION AND
POWER, 2009,
19.

When
hydrogen is used as fuel, the main emission from fuel cells is potable water. Even when
using hydrocarbons as fuel, these systems offer
substantial reductions in emissions
. Honda's
FCX fuel cell vehicle carries 156.6 liters of compressed hydrogen (about 3.75 kilograms) in two
aluminum tanks. The fuel cell's peak output is 78 kilowatts which drives the electrical motor that
moves the vehicl
e.


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Substantially


Non Contextual Numerical Definitions

Substantial is 20 percent or more

Inland Revenue, BIM55525
-

FARMING: HERD BASIS: WHAT CONSTITUTES SUBSTANTIAL REDUCTION,
2002, p. http://www.inlandrevenue.gov.uk/manuals/bimmanual/BIM55525.htm. (DR
GCL/A40)

What constitutes a substantial reduction in the number of animals in a herd is not defined in the
Act and will be a question of fact in the particular case. In practice,
a reduction may be regarded
as substantial if it amounts to 20% or more

of th
e animals in the herd.


Substantial is 25 percent or more

Major Nathanael Causey, ARMY LAWYER, February, 1995, p. 3. (DRGCL/A41)

DFARS 249.7003; 252.249
-
7002. "Major defense program" is defined as a program that is carried
out to produce or acquire a major system.
" Substantial reduction" is defined as a reduction of
25% or more

in the total dollar value of contracts under the progr
am.

Substantial is 25 percent or more

NORWICH BULLETIN (Norwich, CT) June 4, 2003, p. online. (DRGCL/A42)

The MTA [Metropolitan Transportation Authority] has been defending itself against accusations it
hid $500 million in projected surplus to justify a f
are increase in the subway and bus fare from
$1.50 to $2. The state and city comptrollers have issued highly critical reports and have
recommended independent oversight of budget matters. The MTA also proposed submitting
annual reports to legislative leade
rs on crime statistics, deaths and injuries and said it would hold
public hearings before "
substantial reductions," defined as 25 percent or more,

on a subway
line.

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Substantially


Non Contextual Numerical Definitions

Substantial is 33 to 50 percent

FDA,

Food and Drug Administration, HHS. 21 CFR Parts 5, 101, and 105 FOOD LABELING: NUTRIENT CONTENT CLAIMS,
GENERAL PRINCIPLES, PETITIONS, DEFINITION OF TERMS [Docket No. 91N
-
0384] RIN 0905
-
AD08 56 FR 60421 November 27,
1991. (DRGCL/A43)

FDA is proposing to d
efine "reduced" for the following nutrients: total fat, saturated fat,
cholesterol, sodium, and calories. The rationale for defining "reduced fat," "reduced saturated
fat," and "reduced cholesterol," and the proposed definitions for these terms, are set fo
rth in the
companion document on claims about these nutrients published elsewhere in this issue of the
Federal Register. FDA tentatively concludes that reduced claims for nutrients other than these five
are not appropriate because the reduction of other nu
trients in the diet is not identified as being
of public health importance in the major consensus reports currently available (Refs. 2 and 3). b.
How definitions of "reduced" for nutrients were derived. To justify a "reduced claim" and the
consequent empha
sis on the fact that a reduction in a nutrient has occurred, FDA believes that
there should be a substantial reduction in the amount of nutrient present in the food, which in
turn could result in a substantial reduction in the amount of the nutrient in die
ts of individuals.
While there is general agreement that the availability of foods reduced in specific nutrients is
beneficial from a public health perspective (Refs. 5 and 46), there are no scientific data available
to indicate precisely the extent to whi
ch reductions of these nutrients in available foods are
needed, nor the extent to which such reductions could affect the diets of individuals.
Nonetheless, FDA has developed a general approach to the use of this claim. In defining
"reduced," and what would

constitute a substantial reduction in the level of a nutrient in a food,
an important consideration is the distribution of the nutrient in the food supply. If a nutrient is
provided by all general categories of foods, such as fruits, vegetables, grain pro
ducts, and dairy
products, the nutrient can be considered to be ubiquitous in the food supply. The extent of
reduction necessary to justify a "reduced" claim for nutrients that are ubiquitous is likely to be
different than that necessary for nutrients that

are found in only some or a few food categories. If
the dietary reduction of a nutrient can be spread out over all or most food categories, smaller
reductions on a food
-
by
-
food basis would be needed to achieve a substantial dietary impact than
would be ne
eded if the nutrient is present in only some food categories. A second important
consideration in defining "reduced" is the need to provide a consistent definition for this term for
all nutrients, so that consumer education efforts can be more easily imple
mented. Comments
have suggested that consumers will more readily recall the meaning of the term "reduced" if it is
limited to one level of reduction, such as one
-
third or one
-
half. The agency agrees that
consistency in definition is desirable.
Therefore, i
n developing the general criteria for the use of
the term "reduced," the agency considered the level of reduction that would result in a
substantial reduction
in the nutrient content of foods as well as the need for consistency of
terms. In addition, FDA c
onsidered two other factors. In response to comments, FDA considered
the technological feasibility of reducing levels of nutrients in foods. Finally, in developing these
definitions, the agency reviewed the quantitative differences between current levels o
f intake for
these nutrients and recommended levels of intake. FDA is proposing to define the term "reduced"
as a difference of 50 percent
for all specified nutrients except calories. The agency has
tentatively decided that there are no compelling reasons
to change the current definition for
"reduced calorie" of a 33.3 percent reduction in calories
(@ 105.66(d)(1)(i)). For the other four
nutrients, reductions of 50 percent are feasible, even in the case of total fat. Current technology
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has demonstrated that

for many foods, including dairy products, a reduction in total fat of 50
percent or more is achievable (Ref. 40)

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Substantially


Non Contextual Numerical Definitions

Substantial is 90 percent

WORDS & PHRASES, 2000, p. no page. (DRGCL/A44)

N.H. 1949.
-
The

Word "substantially" as used in provision of Unemployment Compensation Act that
experience rating of an employer may transferred to' an employing unit which acquires the
organization,
-
trade, or business, or "substantially" all of the assets thereof, is '
an elastic term which
does not include a. definite, fixed amount of percentage, and the transfer does not have to be 100 per
cent but cannot be less than 90 per cent in the ordinary situation. R.L c. 218, § 6, subd. F, as added by
Laws 1945, c. 138, § 16.
-
Auclair Transp. v. Riley, 69 A.2d 861, 96 N.H. l.
-
Tax347.1.

Substantial is 74 percent

WORDS & PHRASES, 2000, p. no page. (DRGCL/A45)

Minn.App. 1984. Ex
-
husband's 74% increase in net income since .1977 constituted a "substantial
increase" in income for pur
poses of determining whether child support order should be modified.
M.S.A. § 518.64, subd. 2.
-
Scott v. Scott, 352 N.W.2d 62.
-
Divorce 309.2(3).

Substantial is 50 percent is too high

WORDS & PHRASES, Vol. 40A, 2002, p. 457. (DRGCL/A46)

S.D.N.Y. 1943.
-
the
phrase "substantial part" as used in rule that an employee, a substantial part of
whose activities relates to goods moving in inter
-

state Commerce, is covered by the Fair Labor
Standards Act, is not a phrase of mathematical precision but is the converse o
f insubstantial or
immaterial and the word "Substantial" as used therein does not mean the same as when used in the
phrase "sub
-

stantial performance of a contract
-
" and the requirement is satisfied by less than 50 per
cent of employee's activities. Fair L
abor Standards Act of 1938, §§ 3(J), 6, 7, 29 U.S.C.A. §§ 203Q), 206,
207.
-
Berry v. 34 Irving Place Corp., 52 F.Supp. 875.
-
Conuncrcc 62.61, 62.62.

Substantial is at least 20 percent

WORDS & PHRASES, Vol. 40A, 2002, p. 456
-
7. (DRGCL/A47)

S.D.N.Y. 1945. Mai
ntenance employees in building seeking to recover overtime compensation and
liquidated damages under Fair Labor Standards Act had burden of proving that a substantial number
of tenants were engaged in production of goods for commerce, the word "substantial
" mean
-

ing that
at least 20 per cent. of building be occupied by tenants engaged in production of goods for commerce.
Fair Labor Standards Act of 1938, §16(h), 29 U.S.C.A. § 216(h).
-
Ullo v. Smith , 62 F.Supp. 757, affirmed
177 F.2d 101, 12 A.L.R.2d 1122.
-
Labor I511. I; Mast & S 80(6),

Substantially is quantitative

Merriam
-
Webster, 2003 (www.m
-
w.com) (HARVAF3788)

Main Entry: sub∙stan∙tial b : considerable in quantity : significantly great <earned a substantial wage>

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Substantially
--

Essentially

Substantial
ly is essentially

WORDS AND PHRASES, 1964, p. 818. (DRGOC/A41)

“Substantially” means in substance; in the main; essentially; by including the material or essential
part.


Substantially is not essentially

WORDS AND PHRASES, 1964, p. 819. (DRGOC/A42)

PATENT CLAIMS The word “substantially” is not necessarily synonymous with “essentially”. Robbins v.
Wettlaufer, S1 f.2d. 882, 893, 23 C.C. P.A., Patents, 952.



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Substantially


Should Define in Context

Interpret in context

CORPUS JURIS SECUNDUM, 1953, p.
765 (DRG/UNA19)

Substantially. A relative and elastic term which should be interpreted in accordance with the context
it is used.

Substantial must be determined by context

WORDS & PHRASES, Vol. 40A, 2002, p. 464. (DRGCL/A38)

Cal. 1956. "Substantial" is it

relative term, its measure to be gauged by all the circumstances
surrounding the matter in reference to which the expression has been used.
-
Atchison, 'I'. & S. F. IZy.
Co. v. Kings County Water Dist., 3(12 P.2d 1, 41 Ca1.2J 140.

Substantial must be determ
ined by context

WORDS & PHRASES, 1960, p. no page. (DRGCL/A39)

"
Substantial" is a relative term, Its measure to be gauged by all the circumstances surrounding
the matter In reference to which the expression is used
. Robinson v. North Am. Life & Cas. Co.,
App., 30 Cal. Rptr. 57, 60. The term "substantial" is relative and its meaning is to be gauged by the
circumstances. State by Lord v. Pahl, 95 N.W.2d 85, 89, 254 Minn. 349. "Substantial" is a relative
term, the meaning of which is to be gauged by all the c
ircumstances surrounding the transaction
in reference to which the expression has been used, and it imports a considerable amount of
value in opposition to that which is inconsequential or small. Application of Scroggin, Cal.App.,
229 P.2d 489, 491. "Subst
antial" is a relative word, which, while it must be used with care and
discrimination, must nevertheless be given effect, and in a claim of patent allowed considerable
latitude of meaning where it is applied to such subject as thickness,
-
,is by requiring
two parts of a
device to be of substantially the same thickness, and cannot be held to require them to be of
exactly the same thickness. Todd v. Sears Roebucl, & Co., D.C. N.C., 119 F.Supp. 38, 41.
"Substantial" is a relative term, its measure to be gauged

by all the circumstances surrounding the
matter in reference to which the expression has been used. Atchison, T. & S. P. Ry. Co. v. Kings
County Water Dist., Cal., 302 P.2d 1, 3.1.


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Substantially


Should Define in Context

Substantially relies upon field
context to give it meaning

Devinsky, 02 (Paul, IP UPDATE, VOLUME 5, NO. 11, NOVEMBER 2002, “Is Claim "Substantially"
Definite?


Ask Person of Skill in the Art”,
http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/c2c73bdb
-
9b1a
-
42bf
-
a2b
7
-
075812dc0e2d.cfm) (HARVAF3787)

In reversing a summary judgment of invalidity, the U.S. Court of Appeals for the Federal Circuit
found that the district court, by failing to look beyond the intrinsic claim construction evidence to
consider what a person o
f skill in the art would understand in a "technologic context,"
erroneously concluded the term "substantially" made a claim fatally indefinite.


Verve, LLC v.
Crane Cams, Inc., Case No. 01
-
1417 (Fed. Cir. November 14, 2002). The patent in suit related to a
n
improved push rod for an internal combustion engine.


The patent claims a hollow push rod
whose overall diameter is larger at the middle than at the ends and has "substantially constant
wall thickness" throughout the rod and rounded seats at the tips.


T
he district court found that
the expression "substantially constant wall thickness" was not supported in the specification and
prosecution history by a sufficiently clear definition of "substantially" and was, therefore,
indefinite.


The district court rec
ognized that the use of the term "substantially" may be definite in
some cases but ruled that in this case it was indefinite because it was not further defined.
The
Federal Circuit reversed, concluding that the district court erred in requiring that the me
aning of
the term "substantially" in a particular "technologic context" be found solely in intrinsic
evidence:


"While reference to intrinsic evidence is primary in interpreting claims, the criterion is
the meaning of words as they would be understood by p
ersons in the field of the
invention."


Thus, the Federal Circuit instructed that
"resolution of any ambiguity arising from
the claims and specification may be aided by extrinsic evidence of usage and meaning of a term
in the context of the invention."


Th
e Federal Circuit remanded the case to the district court with
instruction that "[t]he question is not whether the word 'substantially' has a fixed meaning as
applied to 'constant wall thickness,' but
how the phrase would be understood by persons
experienc
ed in this field of mechanics, upon reading the patent documents."


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Substantially


Must Give Meaning

Substantially must be given effect and meaning

WORDS AND PHRASES, 1964, p. 819. (DRGOC/A43)


Substantially”

is a relative word which while it must be use
d with care and discrimination in a
claim of a patent,
must nevertheless be given effect by allowing considerable latitude of
meaning, where it is applied

such subjects as thickness, as by requiring two parts of a device to
be substantially the same thickn
ess and cannot be held to require them to be of exactly the same
things.

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Substantially
--

Large

Substantially is to a great extent or degree

WordNet1.6, 1997 (BLUEOC 0019)

Substantially
-

adv 1: to a great extent or degree;

"I'm afraid the film was well o
ver budget";
"painting the room white made it seem considerably (or substantially) larger"; "the house has
fallen considerably in value"; "the price went up substantially" [syn: well, considerably] 2: in a
strong substantial way; "the house was substantial
ly built".

Substantially is to a large degree

Cambridge International Dictionary of English, 2001,
http://dictionary.cambridge.org/default.asp?dict=A (BLUEOC 0020)

Substantially
-

adverb
-

The new rules will substantially (=to a large degree) change

how we do things.

Majority or most

WEBSTER’S NEW COLLEGIATE DICTIONARY, 1981, p. 1153. (DRG/UNA25)

….being largely but not wholly that which is specified.

Substantial is a considerable amount

WORDS & PHRASES, Vol. 40A, 2002, p. 453. (DRGCL/A30)

N.D.AIa.

1957. The word "
substantial" means considerable in amount, value,

or the like, large, as a
substantial gain.
-
Lcvenson v. U.S., IS'7 F.Supp. 244
.


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Substantial
--

No quantitative meaning

Substantially can’t be numerically quantified

WORDS & PHRASES, 1960,
no page. (DRGCL/A37)

The only qualification as to the size or portion of the part lost is that it must be substantial; and as
the legislature has not defined the lost part in any other terms
it cannot be said that by
"substantial" it meant more than one ha
lf" or "substantially all" of the affected phalange,
because such construction cannot be applied to humanitarian legislation.

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Substantially

To A Great Extent

Substantially is to a great extent

PRINCETON UNIVERSITY WORDNET, 1997, p. http://www.dictionary.
com/search?q=substantially.
(MHDRG/A11)

substantially. adv 1: to a great extent or degree; "I fear the film was well over budget"; "painting the
room white made it seem considerably (substantially) larger"; "the house has fallen considerably in
value"; "th
e price went up substantially" [syn: well, considerably].

Substantial is of ample or considerable amount, quantity, or size

THE RANDOM HOUSE COLLEGE DICTIONARY, 1973, p. 844 (MHBLUE0040)

Substantial
-

is of ample or considerable amount, quantity, or size.

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***Increase***

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Increase


Make Larger, Grow

Increase means to grow something that exists

CORPUS JURIS SECUNDUM, 1944, p. 545 (DRG/UN30)

Increase. In General: A word in common use and variously used and therefore of doubtful and
equivocal import. It is de
rived from “cresco”,
to grow and implies the existence of something made,
the subject of the increase
, etc.

Increasing is enlargement

BLACK’S LAW DICTIONARY, Seventh Edition, Ed. West Group, 1999, p. 770 (DRG/UNA27)

Increase
-

The extent of growth or
enlargement.

Increase is to become larger

WEBSTER’S NEW WORLD DICTIONARY, 1982, p. 934 (DRG/UNA28)

Increase


to become greater or larger
.

Increase means to grow

BALLENTINE’S LAW DICTIONARY, Third Edition, 1969, p. 605 (DRG/UNA29)

Increase. Verb:
deriving from the Latin “crescere: to grow
. To augment in size or value.

Increase means to become larger or greater in quantity

Encarta Online Dictionary. 2006. ("Increase."
<http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1
861620741>.)
(HARVAF3792)

in∙crease [ in kr?ss ] transitive and intransitive verb


(past and past participle in∙creased, present
participle in∙creas∙ing, 3rd person present singular in∙creas∙es)
Definition:

make or become larger or
greater:

to become, or ma
ke something become, larger in number, quantity, or degree noun


(plural
in∙creas∙es)


Increase is to become progressively greater

Merriam
-
Webster Dictionary, http://www.m
-
w.com/cgi
-
bin/dictionary (BLUEOC 0021)

To become progressively greater

(as in size,

amount, number, or intensity).

Increase is to make greater or larger

Webster's II, 1984, p. 620 (BLUEOC 0022)

Increase is to become greater or larger

“Increasing” means becoming greater

Lexico Publishing, DICTIONARY.COM, 2003, p. http://dictionary.refer
ence.com/search?q=increasing.
(DRGOC/A45)

Increasing. adj 1:
becoming greater or larger
; "increasing prices" [ant: decreasing] 2: music [ant:
decreasing]