Also known as: capita
Written by attorneys · grounded in primary & secondary sources — see below
A Latin word meaning head. In donative transfers it supplies the root for per capita distribution methods under which property is divided into equal shares among qualifying individuals counted individually at the nearest generation containing survivors.
Dr. Moore left clinic interests to her issue per capita at each generation. At distribution her son Megan survived and her predeceased daughter left three grandchildren. The nearest generation therefore produced two equal shares: one allocated outright to Megan and the second divided equally among the three grandchildren.
Consumers sued Alcoa alleging excess earnings should be returned as if the firm were a public utility. The court rejected the theory because no portion of the earnings had been shown to be extortionate and therefore outside ordinary ownership rights.
A federal income tax on rents and interest reached individuals directly. The Court held the levy unconstitutional because it constituted a direct tax not apportioned among the states by population.
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McClung's restaurant purchased substantial meat and produce that had moved in interstate commerce. The Court upheld application of the public-accommodations title because the purchases affected interstate commerce.
A federal statute barred inheritance of small fractionated Indian land interests. The Court held the restriction constituted a taking because it destroyed the right to pass property to heirs without providing compensation.
Brown Shoe acquired a competing manufacturer holding significant shares in several local markets. The Court required divestiture after finding the combined shares threatened substantial lessening of competition in those markets.
Per capita at each generation first creates shares equal to the number of surviving members plus deceased members who left surviving descendants in the nearest generation to the ancestor. Remaining shares are then pooled and divided equally among the next generation's survivors.
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Yes. The statute counts every living descendant at the distribution date regardless of living arrangements or guardianship status.
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Identify the generation nearest the designated ancestor that contains at least one surviving descendant and count both those survivors and any deceased members of that generation who left surviving descendants.
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…up to date, even where state constitutions in terms require it. In particular, the pattern of according greater per capita representation to rural, relatively sparsely populated areasthe same pattern which finds expression in various state constitutional provisions, and which has been given effect in England…