Definitions from Case Law

building framework, bridges, transmission towers, and similar permanent structures, and are made primarily from rolled steel shapes, although plates and other rolled steel products

the phrase face value in the statute is synonymous with par value. It is used in contradistinction to the actual value which is made the measure of the tax when applied to nonpar v

Because a state statute, when enforced in a state court against a class to which the party complaining does not belong, may work a deprivation of constitutional rights, that fact d

When the Executive exercises this power negatively on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion,

The 'facilities subject to the jurisdiction of the Commission' which are reached by the abandonment provisions of § 7(b) are those facilities required for the interstate transporta

(A) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, di

such as the trader has a bare authority to sell, in the character of a factor, for the use of the principal, who employs him.

Wherever a consignment is made to a factor for sale, the consignor has a right, generally, to control the sale thereof, according to his own pleasure, from time to time, if no adva

the fact of scienter, "a mental state embracing intent to deceive, manipulate, or defraud," Ernst & Ernst v. Hochfelder, 425 U. S. 185, 194, n. 12 (1976).

The judge must determine 'that the conduct which the defendant admits constitutes the offense charged in the indictment or information or an offense included therein to which the d

conclusions or opinions that flow from a factual investigation.

lack of diligence in developing the claims.

The purchase of its capital stock by a competitor (there being no other prospective purchaser), not with a purpose to lessen competition, but to facilitate the accumulated business

That test is met only if two requirements are satisfied: (1) that the resources of International were 'so depleted and the prospect of rehabilitation so remote that it faced the gr

where fraud has occurred in obtaining or in the performance of contracts, or where there has been a failure of consideration, total or partial, or a breach of warranty, fraudulent

Where a bank closes its doors and ceases to transact business the right of creditors or of a receiver to enforce stockholders' liability matures at the time of such closing whether

Delivery must mean delivery as required by the contract, and the terms of the stipulation are comprehensive,—fully adequate in their literal and natural meaning to cover all cases

the failure to state a proper cause of action calls for a judgment on the merits and not for a dismissal for want of jurisdiction. Whether the complaint states a cause of action on

A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would ent

words of art which prior to the advent of § 77B had acquired a fixed meaning through judicial interpretations in the field of equity receivership reorganizations

The basic elements of such a hearing include the right of each party to be apprised of all the evidence upon which a factual adjudication rests, plus the right to examine, explain

At least so long as the toll is based on some fair approximation of use or privilege for use... and is neither discriminatory against interstate commerce nor excessive in compariso

fair average value of the aggregate shares of its stock and not the value of the corporate assets.

its value as determined by what it would sell for in the market for cash in the due course of business.

If the validity of the legislative classification for zoning purposes be fairly debatable, the legislative judgment must be allowed to control.

the substance of a federal habeas corpus claim must first be presented to the state courts

Where the property has no market value, its fair value on the critical date is not necessarily what might then have been realized upon it by a forced liquidation by accepting the u

The term 'fair' hardly adds anything to the phrase 'market value', which denotes what 'it fairly may be believed that a purchaser in fair market conditions would have given', or, m

There is a twofold duty laid down by the FCC's decisions: the broadcaster must give adequate coverage to public issues, and coverage must be fair in that it accurately reflects the

To avoid the constitutional vice of vagueness, it is necessary, at a minimum, that a statute give fair notice that certain conduct is proscribed.

only by granting its customers a fair opportunity to choose between higher or lower liability by paying a correspondingly greater or lesser charge can a carrier lawfully limit reco

A fair résumé is one which will permit the registrant to defend against the adverse evidence—to explain it, rebut it, or otherwise detract from its damaging force.

That the company is entitled to a fair return upon the value of the property at the time of the inquiry is the rule.

That fair share may be regarded as the value, appropriately ascertained, of tangible assets permanently or habitually employed in the taxing State, including a portion of the intan

The Miller-Tydings Amendment permits the seller of an article which bears his trade mark, brand, or name, to prescribe a minimum resale price by contract, if such contracts are law

a privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent.

it is reasonable that a fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed. To m

not true." Ante, at 414 (internal quotation marks omitted).

This phrase must be taken with its accepted legal meaning, and thus it must be found that the statement contained in the package was put there to accompany the goods with actual in

The statement of the offenses here carries with it the charge of inducing or attempting to induce the payment of a claim for money or property involving the element of deceit that

§3729-the provision at issue in this case.

an investigation conducted "for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law." §3733(l)(2) (emphasis added).

any entry on the books of the bank which is intentionally made to represent what is not true or does not exist, with the intent either to deceive its officers or to defraud the ass

The only essentials to the statutory bar, in so far as relates to the present question, are: (a) That the written statement was made for the purpose of obtaining credit; (b) that i

The use of the words false, forged, and counterfeit, in the statute, imply, therefore, when applied to any of the obligations of government mentioned, that it purports to be such a

in opposition to the truth.

the manner of making is also evident from the fifth clause of § 2314, which forbids the interstate transportation of "any tool, implement, or thing used or fitted to be used in fal

to state in a certificate that which is not true.

more than just claims containing express falsehoods.

The statute is to be interpreted according to its plain language as prohibiting any false assumption or pretense of office or employment under the authority of the United States, o

where the oath is taken before a state or national magistrate, authorized to administer oaths, in pursuance of any regulations prescribed by the treasury department, or in conformi

The principle that a State may not knowingly use false evidence, including false testimony, to obtain a tainted conviction, implicit in any concept of ordered liberty, does not cea

a number of individuals related to the nominal head of the household or to the spouse of the nominal head of the household living as a single housekeeping unit in a single dwelling

a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent or a person living in the official's household and related to him by blood

We do not regard the words 'The American Girl,' adopted and employed by complainant in connection with shoes of its manufacture, as being a geographical or descriptive term. It doe

any individual who is personally bona fide engaged primarily in farming operations or the principal part of whose income is derived from farming operations, and includes the person

A statute is fatally vague only when it exposes a potential actor to some risk or detriment without giving him fair warning of the nature of the proscribed conduct.

Where fault is shown on the part of the damaging vessel, it is incumbent on her to show that such fault had in no degree the relation of cause and effect to the accident

capable of being done, executed, or effected.

the requirement that there be no 'feasible' alternative route admits of little administrative discretion. For this exemption to apply the Secretary must find that as a matter of so

any bag, case, or covering made of cotton or other textile material, and stuffed or filled with' any filler mentioned in the definition of 'mattress,' or with feathers or feather d

Congress made it an unfair labor practice 'to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of

The Act now limits its condemnation to instances where a labor organization or its agents exact pay from an employer in return for services not performed or not to be performed. Th

a practice which has as its purpose or effect requiring an employer— (A) to employ or agree to employ any person or persons in excess of the number of employees reasonably required

any department, agency, or governmental body of the United States, including any instrumentality wholly or partially owned by the United States, employing individuals in Federal ci

one as to which an independent basis for federal jurisdiction exists.

whether the water of an interstate stream must be apportioned between the two States is a question of 'federal common law' upon which neither the statutes nor the decisions of eith

All Courts created by the general Government possess no jurisdiction but what is given them by the power that creates them, and can be vested with none but what the power ceded to

The court, therefore think, that to effectuate the purposes of the legislature, the remedies in the courts of the United States, are to be, at common law or in equity, not accordin

in this connection, the period from December 28, 1917, to March 1, 1920, during which the possession, use, control, and operation of railroads and systems of transportation were ta

On all questions arising under the constitution and laws of the union, this court may exercise a revising power; and its decisions are final and obligatory on all other judicial tr

disbarment by federal courts does not automatically flow from disbarment by state courts. Of the conditions that qualify such a state court judgment, the one here relevant is that

It is settled doctrine that Federal courts must accept the construction of a state statute deliberately adopted by its highest court.

when absolutely necessary for protection of constitutional rights, courts of the United States have power to enjoin state officers from instituting criminal actions. But this may n

under the statutes regulating the jurisdiction of the circuit courts of the United States, diversity of citizenship—nothing more appearing—will not give authority to circuit courts

the courts of the United States have no jurisdiction upon the subject of divorce, or for the allowance of alimony, either as an original proceeding in chancery, or an incident of a

It cannot certainly be contended, with the least colour of plausibility, that Congress does not possess the uncontrolled power to legislate with respect both to the form and effect

They are all of limited jurisdiction; but they are not, on that account, inferior Courts, in the technical sense of those words, whose judgments, taken alone, are to be disregarded

That congress has the power to establish circuit and district courts in any and all the states, and confer on them equitable jurisdiction in cases coming within the constitution, c

The Court being of opinion that a circuit court of the United States had not jurisdiction to enjoin proceedings in a state court.

four distinct categories of electioneering: (1) voter registration activity during the 120 days preceding a regularly scheduled federal election; (2) voter identification, get-out-

But such enrolment and license confer no immunity from the operation of valid laws of a State. If a vessel of the United States, engaged in commerce between two States, be interrup

By the legislation of Congress and repeated decisions of this court it has long been settled that the remedies afforded and modes of proceeding pursued in the Federal courts, sitti

It has been held uniformly that the illegality or unconstitutionality of a state or municipal tax or imposition is not of itself a ground for equitable relief in the courts of the

The equity jurisdiction conferred on inferior courts of the United States by section 11 of the Judiciary Act of 1789, and continued by section 24 of the Judicial Code, is that of t

that is precisely what the federal estate tax hits—an exercise of the privilege of directing the course of property after a man's death

the facts found by a Federal agency as to (1) whether an individual has performed Federal civilian service for such agency during the base period specified on a Form ES—931; (2) th

There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a state whether they be local in their nature or 'general,' b

Although the circuit courts of the United States, and the several justices and judges thereof, have authority, under existing statutes, to discharge, upon habeas corpus, one held i

Neither this nor any other court of the United States, or judge thereof, can issue a habeas corpus to bring up a prisoner, who is in custody under a sentence or execution of a stat

Our power to interfere in cases of this nature is limited entirely to the question of jurisdiction. If the state court had jurisdiction to try the case, and had jurisdiction over t

A corollary to this principle is that the activities of the Federal Government are free from regulation by any state.

It was laid down by Mr. Chief Justice Marshall, speaking for this court in M'Culloch v. Maryland, that the state could not constitutionally impose taxation upon the operations of a

the appellant, in the enjoyment of the privilege, is engaged in its own behalf, not the government's, in the conduct of a private business for profit. It can no longer be thought t

The agencies of the Federal government are only exempted from State legislation, so far as that legislation may interfere with, or impair their efficiency in performing the functio

State interests in family and family-property arrangements should be overridden by the federal courts only where clear and substantial interests of the National Government, which c

The judicial power of the United States as created by the Constitution and provided for by Congress pursuant to its constitutional authority is a power wholly independent of state

the courts of the United States are bound to proceed to judgment, and to afford redress to suitors before them, in every case to which their jurisdiction extends. They cannot abdic

the substantive offense is committed in the manner therein described, that is, when a federal officer is attacked.

that individual employees wishing to assert contract grievances must "attempt" use of the contract grievance procedure agreed upon by employer and union as the mode of redress." 10