Definitions from Case Law

A pacifist, in the general sense of the word, is one who seeks to maintain peace and to abolish war. But the word is also used and understood to mean one who refuses or is unwillin

any person canning fish or preserving fish by the common methods of drying, salting, pickling or smoking.

the practice of filling a district with a supermajority of a given group or party.

supplies that in fact are intended to be used in a packing house, and not supplies like those used in packing houses.

contributions to the fund were part of the consideration Carter agreed to pay for the services of laborers on his construction jobs. The unpaid contributions were a part of the com

This surplus may be 'paid-in surplus,' as where the stock is issued at a price above par.

A 'paid-up addition' to the policy, by the application of a dividend, is the amount added to the face of the policy and purchased by the use of the dividend as a single premium. Fo

A State of course has power to impose liability upon those who, knowing that the public is relying upon an original manufacturer's reputation for quality and integrity, deceive the

All contracts are inherently subject to the paramount power of the sovereign, and the exercise of such power is never understood to involve their violation, and is not within that

The woman is accustomed to bring, besides her portion, (dot,) other property, which is called paraphernalia, and which is, or are, the property and things, whether (muebles) person

A pardon is an act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inf

literally "parent of the country."

both parents of the pregnant woman if they are both living, one parent of the pregnant woman if only one is living or if the second one cannot be located through reasonably diligen

to consider a parent disqualified to take a voluntary deed from his child, without consideration, on account of their relationship; is assuming a principle at war with all filial a

The District Court's findings sharply reveal that William Baumet long before his son's death had 'abandoned his son' and ceased to be a parent in truth and fact. He may not now ret

either the singular or plural of the word 'parent' "); see also "ante," at 437, n. 23, as "both parents" is Arkansas, and that statute provides for numerous exceptions to the two-p

Congress must have meant by the term 'parent' an individual who owed to the child a state-imposed legal duty of support

in an accurate and legal sense, the parishioners are not the cestuis que trust, for they have, individually, no right or title to the property. It is the property of the parish, in

This court cannot consider the agreement of the parties, although by parol, to settle the dividing line between them by a surveyor, mutually employed, as affected by the statute of

Even after the convict is at large by virtue of the parole granted, he is still deemed to be serving out the sentence imposed upon him, and he remains technically in the legal cust

It cannot be laid down as a universal rule, that where written evidence of a fact exists, all parol evidence of the same fact must be excluded. Suppose the defendant had written a

the contract of the agent is the contract of the principal, and he may sue or be sued thereon, though not named therein. Parol proof may be admitted to show the real nature of the

Parol evidence of custom, consequently, is generally admissible to enable the court to arrive at the real meaning of the parties, who are naturally presumed to have contracted in c

parol testimony is altogether inadmissible to show that the contract was different from the one reduced to writing, unless it can also be shown that the party was fraudulently dece

When a written contract is to be proved, not by itself but by parol testimony, no vague uncertain recollection concerning its stipulations ought to supply the place of the written

When respondent committed a federal crime while on parole, for which he was arrested, convicted, sentenced, and imprisoned, not only was his parole violated, but service of his ori

Equity protects a parol gift of land, equally with a parol agreement to sell it, if accompanied by possession, and the donee, induced by the promise to give it, has made valuable i

any article designed or manufactured for the special purpose of being used as, or to replace, a component part of such vehicle, and which by reason of some characteristic is not su

He is in the position of a partial assignee of the chose in action, and as such is entitled to his share of the proceeds of the action when recovered and may secure their recovery

an abortion performed using the D&X method as described above.

If the persons exercising control over a plant that is being closed for antiunion reasons (1) have an interest in another business, whether or not affiliated with or engaged in the

a partial closing is an unfair labor practice under § 8(a)(3) if motivated by a purpose to chill unionism in any of the remaining plants of the single employer and if the employer

Where the practice permits a partial new trial, it may not properly be resorted to unless it clearly appears that the issue to be retried is so distinct and separable from the othe

the finding of the court against the prisoner was what is known in the administration of criminal law as a partial verdict, in which the accused is acquitted of a part of the accus

any employee or former employee of an employer, or any member or former member of an employee organization, who is or may become eligible to receive a benefit of any type from an e

is engaged in the same industry, trade, craft, or occupation in which such dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any as

co-operation in the transportation more than is involved in presence on the transporting vehicle, with the knowledge that an explosive is being carried, I can perceive no ground fo

the shipping of produce by Mason, who is not a capitulant, is a violation of the capitulation; and as the three partnerships were consenting to it, and neglected their interest wit

If the person against whom fraud is alleged, should be proved to have been guilty of it in any number of instances; still, if the particular act sought to be avoided, be not shown

[T]he constitutional requirement that warrants must particularly describe the 'things to be seized' is to be accorded the most scrupulous exactitude when the 'things' are books, an

The burden is on the defense to show that 'a particularized need' exists for the minutes which outweighs the policy of secrecy.

the testimony of live witnesses concerning material factual issues, it will seldom if ever be appropriate to deny a "de novo" hearing, since "[i]t is only when the witnesses are pr

Parties in that connection include all who are directly interested in the subject-matter, and who had a right to make defence, control the proceedings, examine and cross-examine wi

On this point there may be given one general answer. No one need be made a party complainant in whom there exists no interest, and no one party defendant from whom nothing is deman

The court here points out three classes of parties to a bill in equity. They are: 1. Formal parties. 2. Persons having an interest in the controversy, and who ought to be made part

that parties shall be able to translate their popular support into legislative representation with approximately equal efficiency."); Iowa Code § 42.4 (5) (2016) ("No district shal

a public office for which a candidate may indicate a political party preference on his or her declaration of candidacy and have that preference appear on the primary and general el

A partition is inchoate till made by all parties, or till made by one and accepted by the others: there must be a deed of partition, a partition in pais, or such acceptance of a de

a member in such a syndicate, group, pool, joint venture, or organization.

Each partner is the agent of his copartners in all transactions relating to partnership business, and is forbidden to traffic therein for his own advantage, and if he does, will be

one partner, by virtue of the relation he bears to the firm, is constituted a general agent for another, as to all matters within the scope of the partnership dealings, and has con

one partner cannot apply the partnership funds or securities to the discharge of his own private debt without their consent; and that without their consent their title to the prope

That partners are individually responsible for torts by a firm when acting within the general scope of its business, whether they personally participate therein or not, we regard a

By the general law of partnership, the act of each partner, during the continuance of the partnership and within the scope of its objects, binds all the others. It is considered th

a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which i

Actual participation in the profits as principal, we think, creates a partnership as between the parties and third persons, whatever may be their intentions in that behalf, and not

The fact remains as true as ever that partnership debts are debts of the members of the firm, and that the individual liability of the members is not collateral like that of a sure

It is well settled, that if a bill of exchange be drawn by one partner in the name of the firm, or if a bill drawn on the firm by their usual name and style, be accepted by one of

the property or effects of a partnership belong to the firm and not to the partners, each of whom is entitled only to a share of what may remain after payment of the partnership de

The real property belonging to the partnership is treated in equity as part of the partnership fund, and is disposed of and distributed the same as the personal assets.

The implied authority of each partner to dispose of the partnership funds strictly and rightfully extends only to the business and transactions of the partnership itself; and any d

A partner has a lien on the firm's assets for the repayment of his advances to the firm.

The majority of the owners have a right to employ the ship in such voyages as they may please, giving a stipulation to the dissenting owners for the safe return of the ship, if the

The principle on which part payment takes a case out of the statute is, that the party paying intended by it to acknowledge and admit the greater debt to be due.

A part performance removes the bar of the statute, on the ground that it is a fraud for the vendor to insist on the absence of a written instrument, when he had permitted the contr

Whatever in fact is an integral or essential part of a completed locomotive, and all parts or attachments definitely prescribed by lawful order of the Interstate Commerce Commissio

The issue is, we believe, universally considered as following the mother, unless they be separated from each other by the terms of the instrument which disposes of the mother.

one who is a 'real party in interest' although not a named party to the action.

[a] party entitled to a remedy; esp., a party whose personal, pecuniary, or property rights have been adversely affected by another person's actions or by a court's decree or judgm

It will suffice, we think, if the bill discloses that some definite legal right possessed by complainant is seriously threatened, or that the unauthorized and therefore unlawful ac

No rule is better established, than that a party, in an action at law, cannot be a witness in his own case.

The Act does not define the term 'party'; but it does make clear that the role of the General Counsel is a major one. By § 3(d) of the Act he is given 'final authority' respecting

the organized switching of blocs of voters from one party to another in order to manipulate the outcome of the other party's primary election.

Not every corporate broker, promoter, or agent which enters into a written agreement effectuating a reorganization, as defined in the Revenue Act, thereby becomes a party to the re

it is a well settled principle, that no person who is a party to a negotiable instrument, shall be permitted, by his own testimony, to invalidate it... If an individual whose name

a person who has placed his name on a negotiable paper as a party to it, shall not afterwards, in a suit on such security, be competent as a witness to prove any fact which would t

every man is called a passenger who pays freight for his own person, and for goods which are not merchandise.

a drover travelling on a pass, such as was given in this case, for the purpose of taking care of his stock on the train, is a passenger for hire.

when the patentee, or the person having his rights, sells a machine or instrument whose sole value is in its use, he receives the consideration for its use and he parts with the ri

It is true that in suits by private traders to enjoin unfair competition by 'passing off,' proof that the public is deceived is an essential element of the cause of action. This pr

the defense that economic circumstances were such that the overcharged buyer could only charge his customers a higher price because the price to him was higher, and that in such ci

By passive trusts we mean those which are express, or created by the words of some deed or other instrument of writing, and not those arising or resulting by implication of law. Ev

those types of traffic control devices, including signs, markings and other devices, located at or in advance of grade crossings to indicate the presence of a crossing but which do

The general tendency of the law, in regard to damages at least, is not to go beyond the first step. As it does not attribute remote consequences to a defendant so it holds him liab

A passport is a document identifying a citizen, in effect requesting foreign powers to allow the bearer to enter and to pass freely and safely, recognizing the right of the bearer

heating the milk to 143 -145 F., maintaining it at that level for about thirty minutes, and then subjecting it to sudden cooling to a point between 38 and 40 F.

the patent to be the superior and conclusive evidence of the legal title. Until it issues, the fee is in the Government, which by the patent passes to the grantee, and he is entitl

novelty and nonobviousness—as well as utility—are separate tests of patentability and all must be satisfied in a valid patent

The patentability, or the issuing of a patent as to one, in nowise affects the rights of the inventor or discoverer in respect to the other. They are wholly disconnected and indepe

The addition of a new and useful element to an old combination may be patentable; but the addition must be the result of invention rather than the mere exercise of the skill of the

the elements of a combination may be all old. In making a combination the inventor has the whole field of mechanics to draw from.

While a scientific truth, or the mathematical expression of it, is not patentable invention, a novel and useful structure created with the aid of knowledge of scientific truth may

A patentable process is a method of treatment of certain materials to produce a particular result or product.

It is method and device which may be patented and not the scientific explanation of their operation.

any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter

an uncertainty which inhered in the essence of the description, rendering it incapable of being applied to the subject-matter

No livery of seizin is necessary to perfect a title by letters patent. The grantee, in such case, takes by matter of record; and the law deems the grant of record of equal notoriet

The thing to be assigned is not the mere parchment on which the grant is written, but the monopoly which the grant confers—the right of property which it creates. And when the part

The claim is the measure of the grant. The claim is required to be specific for the very purpose of protecting the public against extension of the scope of the patent.

challenges made in the proceeding, not challenges made in the petition but never made a part of the proceeding.