Definitions from Case Law

programing distributed on a CATV system which has been originated by the CATV operator or by another entity, exclusive of broadcast signals carried on the system.

the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection

a period of three calendar months ending on March 31, June 30, September 30, or December 31; and the term 'quarter of coverage' means a calendar quarter in which the individual has

a mortgage lien in a Chapter 13 plan even after the debtor's personal liability on the debt secured by the property has been discharged in a Chapter 7 liquidation.

the tributary of Arkansas River which rises in northeastern New Mexico and flows in an easterly direction through New Mexico, Texas and Oklahoma and includes North Canadian River a

- " (A) with respect to any dollar amount of discretionary budget authority, to rescind; " (B) with respect to any item of new direct spending- " (i) that is budget authority provi

Without consent of the holder, valid cancellation for condition broken cannot be accomplished without giving to the holder an opportunity to have the asserted default judicially de

Where a second Will is cancelled, under circumstances that manifest an intention either to revive, or not to revive, the preceding Will, those circumstances must be proved.

It is a rule of patent construction consistently observed that a claim in a patent as allowed must be read and interpreted with reference to claims that have been cancelled or reje

an individual who seeks nomination for election to be President of the United States.

it may be, and we think is used, as the dictionary also suggests, in a popular and more general sense, as synonymous with sugar compounds sold and used as confectionery or sweetmea

No canon of construction is better established or more universally observed than this: that if a statute will bear two constructions, one within and the other beyond the constituti

A defense is thus 'capable of determination' if trial of the facts surrounding the commission of the alleged offense would be of no assistance in determining the validity of the de

the power or ability to hold, receive, or accommodate." Webster's Third New International Dictionary 330 (1961); see also Webster's New International Dictionary 396 (2d ed. 1949) (

the United States being a body politic, as an incident to their general right of sovereignty, have a capacity to enter into contracts, and take bonds in cases within the sphere of

One might not be insane in the sense of being incapable of standing trial and yet lack the capacity to stand trial without benefit of counsel.

The capias ad satisfaciendum then, in this case, was properly awarded. It was a necessary process to recover the fine... He might have been arrested and detained in jail, if he had

The capital is not an ideal, fictitious, arbitrary sum of money set down in the articles of association, but, in the theory and practical operation of the system, is composed of su

merely the excess of all assets at actual values over outstanding liabilities, and "surplus" means the intrinsic value of all assets over and above outstanding liabilities plus par

property held by the taxpayer, with certain exceptions not here relevant.

property held by the taxpayer for more than two years.

such deductions as are allowed by section 23 for the purpose of computing net income, and are properly allocable to or chargeable against capital assets sold or exchanged during th

[T]he payment serves to create or enhance for Lincoln what is essentially a separate and distinct additional asset and that, as an inevitable consequence, the payment is capital in

legal, brokerage, accounting, and similar costs incurred in the acquisition or disposition of a capital asset are capital expenditures, for such ancillary expenses incurred in acqu

taxable gain from the sale or exchange of capital assets consummated after December 31, 1921.

those resulting from sales or exchanges of capital assets.

Congress intended to afford capital gains treatment only in situations 'typically involving the realization of appreciation in value accrued over a substantial period of time, and

capital investments, the cost of which, if converted, must first be restored from the proceeds before there is a capital gain taxable as income

deductible loss resulting from the sale or exchange of capital assets.

the excess of the total amount of capital gain over the sum of (A) the capital deductions and capital losses, plus (B) the amount, if any, by which the ordinary deductions exceed t

the excess of the sum of the capital losses plus the capital deductions over the total amount of capital gain.

the property of the corporation, and not the shares of stock owned by the shareholders.

the capital stock of a corporation, especially its unpaid subscriptions, is a trust fund for the benefit of the general creditors of the corporation

its entire property of every kind and description, tangible and intangible, and that what is called its 'corporate franchise' is the intangible property of the company in Kentucky.

the procedure under Section two of the Capper-Volstead Act is auxiliary and was intended merely as a qualification of the authorization given to cooperative agricultural producers

[The Act indicates] a purpose to make it possible for farmer-producers to organize together, set association policy, fix prices at which their cooperative will sell their produce,

any of several technologies, see Captioning for the Deaf, 63 F.C.C.2d 378 (1976), that project written text onto a television image so that deaf viewers receive information that is

The ability of government, consonant with the Constitution, to shut off discourse solely to protect others from hearing it is, in other words, dependent upon a showing that substan

all coal produced at a mine for consumption by the producer or by a subsidiary or affiliate thereof.

an honest exercise of discretion, necessarily arising out of his command, cannot be treated as such misconduct in the commander of a public ship of war, as will forfeit his fair ti

Before the captain of the Nonsuch left the Anna Maria, in pursuit of other objects, he ought to have decided either to seize her as prize or to restore her. Had he seized her as pr

There can be no doubt, that if captors are guilty of gross misconduct, or laches, in violation of their duty, courts of prize will visit upon them the penalty of a forfeiture of th

The right of captors to prizes is but an inchoate right, and, until a condemnation, no absolute title attaches. But when condemnation has passed upon the property, it relates back

A capture, as defined by some of the most eminent writers on insurance within the policy, is a taking by the enemy of vessel or cargo as prize, in time of open war, or, by way of r

The policy is then 'warranted free from * * * capture, seizure, arrest, restraint or detainment, or the consequences thereof * * * or any taking of the Vessel, by requisition or ot

The title is not transferred by the mere fact of capture, but it is the duty of the captor to send his prize home, in order that a judicial inquiry may be instituted to determine w

Captured property [is] property 'which had been seized or taken from hostile possession by the military and naval forces of the United States.' Rights of possession in private prop

Although acquisitions made during war are not considered as permanent until confirmed by treaty, yet to every commercial and belligerent purpose, they are considered as a part of t

A capture made within neutral waters is, as between enemies, deemed, to all intents and purposes, rightful; it is only by the neutral sovereign that its legal validity can be calle

The decision at the last term, in the case of the United States v. Palmer, establishes the principle, that the government of the United States, having recognised the existence of a

standard railroad cars.

The cardinal principle is that the wrong-doer shall derive no benefit from his wrong. The entire profits belong to the cestui que trust, and equity will so mould and apply the reme

The cardinal principle of statutory construction is to save and not to destroy. We have repeatedly held that as between two possible interpretations of a statute, by one of which i

that "[i]n the absence of some affirmative showing of an intention to repeal, the only permissible justification for a repeal by implication is when the earlier and later statutes

No rule of statutory construction has been more definitely stated or more often repeated than the cardinal rule that 'significance and effect shall, if possible, be accorded to eve

any entity that is licensed, certified, or otherwise authorized or permitted by law to administer medical treatment in this state.

by carelessness or negligence is meant not a rule of liability without fault, but negligence in fact

The law requires of one going upon or over a railroad crossing the exercise of such care for his own protection as a reasonably prudent person ordinarily would take in the same or

A car float in navigable waters is subject to the maritime law like any other vessel.

These portions being contraband, the residue of the cargo, belonging to the same owners, must share their fate.

That any common carrier, railroad, or transportation company receiving property for transportation from a point in one state to a point in another state shall issue a receipt or bi

a common carrier by railroad (except a street, suburban, or interurban electric railway which is not operated as a part of a general steam railroad system of transportation).

when the holders of the bills of lading proved the goods had not been delivered to the consignee, the presumption arose that they had been lost by reason of the negligence of the c

one who operates a railroad as a means of carrying for the public—that is to say, a railroad company acting as a common carrier

either horses or men, but rather includes all the equipment of the route, whether horses, wagons, harness, stage stations, fuel, food, stables, in fact everything needed to carry o

In general the burden rests upon the carrier of goods by sea to bring himself within any exception relieving him from the liability which the law otherwise imposes on him. This is

Safe custody is as much the duty of a carrier as conveyance and delivery; and when he is unable to carry the goods forward to their place of destination, from causes which he did n

The carrier cannot be held for goods taken from its custody by valid legal process, provided it gives the owner prompt notice of the suit so that he may have an opportunity to prot

Congress meant by the phrase 'all the carriers involved' those, and those only, who are parties to the pooling of freights and the division of the proceeds.

carriers generally controlled through ownership, lease, or otherwise to the extent of controlling traffic policy, even though separate corporate entity may be maintained.

A carry-back is an exceptional relief measure in that it permits a departure from the basic annual accounting rule. The carry-back provisions 'were enacted to ameliorate the unduly

The petitioner merely kept records and collected interest and dividends from his securities, through managerial attention for his investments. No matter how large the estate or how

In the absence of evidence showing activities coming within the general acceptation of the concept of carrying on a trade or business, it cannot be said as a matter of law that an

It is established and admitted that this fee is not earned (because there is not a 'case' within the meaning of the section) unless there be an arrest and an examination.

It is that of a public prosecution, instituted and conducted by and in the name of the United States, for the purpose of vindicating the law of nations, and that of the United Stat

A case arising under a law, must mean a case depending on the exposition of a law, in respect to something which the law prohibits, or enjoins.

The reason for inserting that clause in the constitution was, that all persons who have real claims under a treaty should have their causes decided by the national tribunals... Whe

A case does so arise where an appropriate statement of the plaintiff's cause of action, unaided by any anticipation or avoidance of defenses, discloses that it really and substanti

A case in law or equity consists of the right of the one party, as well as of the other, and may truly be said to arise under the Constitution or a law of the United States, whenev

The words 'case' and 'cause' are constantly used as synonyms in statutes and judicial decisions, each meaning a proceeding in court, a suit, or action.

so long as the case retains the essentials of an adversary proceeding, involving a real, not a hypothetical, controversy, which is finally determined by the judgment below

a third party claims a lien prior and superior to that of the libellant under the provisions of a statute of another State, and where such a controversy arises, say the equrt, in s

the judicial power vested by Article 3 of the Constitution in this Court and the inferior courts of the United States established by Congress thereunder, extends only to 'cases' an

by cases at common law are to be understood suits in which legal rights are to be ascertained and determined, in contradistinction to those where equitable rights alone are recogni

the language of the specification and claim, both of the surrendered and reissued patents, is so interspersed with technical terms and terms of art that the testimony of scientific

a court of equity will refuse the prayer of the complainant for an account of gains and profits, on the ground of delay in asserting his rights, even "when the facts proved render

by cases in equity are to be understood suits in which relief is sought according to the principles and practice of the equity jurisdiction, as established in English jurisprudence

a court will be satisfied upon the filing of the petition that reorganization is not feasible.

the agreement consists of mutual promises, the one promise being the consideration .for the other;- and it has never been seriously questioned that such an agreement is valid, and

under which latter method annual net income is measured by the difference between actual cash received and paid out within the taxable year

Cash bonus payments, when included in a royalty lease, are regarded as advance royalties and are given the same tax consequences.

The cashier is usually intrusted with all the funds of the bank, in cash, notes, bills, &c. to be used, from time to time, for the ordinary and extraordinary exigencies of the bank

Banking corporations necessarily act by some agent, and it is a matter of common knowledge that such institutions usually have an officer known as their cashier. In general he is t

Cash-surrender value is the reserve less a surrender charge. And in case of a single-premium policy the reserve is the face amount of the contract discounted at a specified rate of

Casting away is a species of destroying, as burning is. Both mean such an act, as causes a vessel to perish, or be lost, so as to be irrecoverable by ordinary means.

By the very terms of this guarantee, as well as by the general principles of law, the guarantors are only collaterally liable, upon the failure of the principal debtor to pay the d

A casus omissus does not justify judicial legislation.

families with dependent children eligible for public assistance under the Aid to Families with Dependent Children program, 42 U.S.C.

The intrusting such a powerful and dangerous engine as a locomotive, to one who will not submit to control, and render implicit obedience to orders, is itself an act of negligence,

the maxim, causa proxima non remota spectatur, is not without limitations; and has never been applied in matters of insurance to the extent contended for: but that it has been cons