Definitions from Case Law

not filled or occupied by an incumbent [or] possessor.

By the renunciation of his widow of her title as partner in community, and her failure to interpose on behalf of her children, the succession was unrepresented, and was what is ter

vague, not in the sense that it requires a person to conform his conduct to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct

The underlying principle is that no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed.

The root of the vagueness doctrine is a rough idea of fairness. It is not a principle designed to convert into a constitutional dilemma the practical difficulties in drawing crimin

To compel them to guess, on peril of indictment, what the community would have given for them if the continually changing conditions were other than they are, to an uncertain exten

the law is full of instances where a man's fate depends on his estimating rightly, that is, as the jury subsequently estimates it, some matter of degree. If his judgment is wrong,

The test is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices.

A statute which upon its face, and as authoritatively construed, is so vague and indefinite as to permit the punishment of the fair use of this opportunity is repugnant to the guar

The reference in section 37 to valid claims 'thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under such laws, including disco

Valid contracts are property, whether the obligor be a private individual, a municipality, a state, or the United States. Rights against the United States arising out of a contract

to constitute a valid delivery on the wharf, the carrier should give due and reasonable notice to the consignee, so as to afford him a fair opportunity of providing suitable means

To constitute a valid entry, it must call for objects notorious at its date; and it must be so special in its particular location, that others might appropriate the adjacent vacant

only a judicial determination in an adversary proceeding ensures the necessary sensitivity to freedom of expression, only a procedure requiring a judicial determination suffices to

authenticity," " legality," and in some eases, " interpretation," but not in any case, " location," " extent," or " boundary." The court asks, " What are the questions involved in

In affirming a claim to land under a Spanish or Mexican grant, to be valid within the law of nations, the stipulations of the treaty of Guadalupe Hidalgo, and the usages of those G

The validity of a statute, or the validity of an authority, is drawn in question when the existence or constitutionality or legality of such statute or authority is denied, and the

When lands are granted, a description which will identify them is all that is necessary to the validity of the grant. But identity is not all that is necessary to the validity of a

It is undoubtedly essential to the validity of a grant, that there should be a thing granted, which must be so described as to be capable of being distinguished from other things o

This jurisdictional requirement is satisfied only if the record shows that the question of the validity under federal law of the state statute, as construed and applied, has either

Nor can we perceive any reason for not considering the expression 'the validity of the public debt' as embracing whatever concerns the integrity of the public obligations.

When the facts are ascertained there can be very little doubt what constitutes in law a valid seizure as prize. It is clear that some act should be done indicative of an intention

[t]he estimated worth of a thing." Black's Law Dictionary 1721 (4th ed. 1951) (hereinafter Black's).

The clause in question prescribes a measure of recovery rather than limits the amount which may be recovered when loss or damage occurs.

The plaintiff in error was entitled to be paid only for what was taken from him as the titles stood, and could not add to the value by the hypothetical possibility of a change unle

The value should be fixed as of the date of the proceedings, and with reference to the loss the owner sustains, considering the property in its condition and situation at the time

The valuation stipulation fixes in advance of loss the value of the vessel, so as to avoid the necessity of proof of value in order to establish the extent of the liability assumed

the advantage derived from their possession; or, in other words, their utility.

the increase in the value of goods and services brought about by whatever a business does to them between the time of purchase and the time of sale.

The purpose of valuing the cargo is not to fix the maximum amount of recovery, which is accomplished by limiting the amount of the policy, but to eliminate from the risk which the

Value for exchange is not the only value known to the law of damages. There are times when heed must be given to value for use, if reparation is to be adequate.

its value was to be ascertained by the salary paid

The general rule that allegations and proof must correspond is based upon the obvious requirements (1) that the accused shall be definitely informed as to the charges against him,

every variance, however immaterial, is not fatal to the notice. It must be such a variance as conveys no sufficient knowledge to the party of the particular note which has been dis

It cannot be for a moment maintained that every variance, however immaterial, is fatal. It must be such a variance as conveys no sufficient knowledge to the party of the particular

every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft.

A vein is a well-defined body of mineral within inclosed rocks. It has an onward course and a downward course.

To vend is also a term readily understood and of no doubtful import. Its use in the statute secured to the inventor the exclusive right to transfer the title for a consideration to

The vendee acquires the property for himself, and his faith is not pledged to maintain the title of the vendor. The rights of the vendor are intended to be extinguished by the sale

if a vendee buys up a better title than that of the vendor, and the vendor was guilty of no fraud, he can only be compelled to refund to the vendee the amount of money paid for the

The rule of the courts of Mississippi, as well as of this court, is, that, except in special cases, a vendee in possession cannot, at law or in equity, contest the payment of the p

That writ was regarded as a completion of the previous execution, by which the property had been appropriated, and not as an original or independent proceeding.

a vendor is bound to know that he actually has that which he professes to sell. And even though the subject-matter of the contract be known to both parties to be liable to a contin

That a vendor, who has taken no other security for the purchase money, retains a lien for it on the land as against the vendee, or his heirs, seems to be well settled by the Englis

the lien of the vendor, if in the nature of a trust, is a secret trust; and, although to be preferred to any other subsequent equal equity, unconnected with a legal advantage, or e

taking a note or a bond from the vendee with a surety, has generally been held evidence of an intention to rely exclusively upon the personal security taken, and therefore, presump

From these authorities it may by laid down as a settled rule, that at law, to entitle the vendor to recover the purchase money, he must aver in his declaration a performance of the

The only modes known to the common law to re-examine such facts was the granting of a new trial by the court where the issue was tried, or the award of a venire facias de novo, by

The locality of a law suit—the place where judicial authority may be exercised—though defined by legislation relates to the convenience of litigants and as such is subject to their

the other provision does not detract from that general jurisdiction, but merely accords to the defendant a personal privilege respecting the venue, or place of suit, which he may a

That provision does not affect the general jurisdiction of District Courts, but merely confers a personal privilege that may be waived.

Wherever the bodily or mental feelings of an individual are material to be proved, the usual expressions of such feelings are original and competent evidence. Such declarations are

A verdict embodies in a single finding the conclusions by the jury upon all the questions submitted to it.

The plaintiff is entitled to recover only according to his title; and that if he shows a title to part only, he is entitled to have a verdict and judgment for that part, and no mor

for any taxable year and for any corporate taxpayer, the taxable income of the taxpayer for that taxable year under the laws of the United States, excluding income which under the

limits [on] the way a seller's own product can be distributed.

courts of a different, though paramount, sovereignty, interpose in the same manner and for the same reasons.

every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

The test for determining whether a vessel is in navigation is the 'status of the ship.

any vessel documented under the laws of the United States.

canal-boats and barges in tow are considered as being under the control of the tug, and the latter is liable for this collision, unless she can show it was not occasioned by her fa

only ships which have been registered in the manner therein prescribed shall be denominated or deemed vessels of the United States, entitled to the benefits or privileges appertain

the power of regulation and disposition, conferred upon Congress by the Constitution, only ceases when all the preliminary acts prescribed by those laws for the acquisition of the

the present value of the immediate or deferred benefits available at normal retirement age for participants and their beneficiaries which are nonforfeitable.

It is the present capacity to take effect in possession, if the precedent estate should determine, which distinguishes a vested from a contingent remainder.

a legal claim obtained to that part of an immediate or deferred life annuity which notwithstanding any conditions subsequent which could affect receipt of any benefit flowing from

The land continues subject to the absolute disposing power of Congress, until the settler has made the required proof of settlement and improvement, and has paid the requisite purc

It is, in some sense, true, that the rights of donees under a will are vested at the death of the testator; and that the acts of administration which follow are conservatory means,

The cause of action accrues at the death. When it accrues, there is an immediate, final and absolute vesting; and the vesting is in that one of the several possible beneficiaries w

Personal property does not pass directly from a decedent to legatees or distributees, but goes primarily to the executor or administrator, who is to apply it, so far as may be nece

the benefit funds, regardless of the technicalities of title and other formalities, are readily available as needed for support and maintenance, actually retain the qualities of mo

some undetermined stage later in pregnancy.

When a man is carrying on business in his private interest and intrusts a part of the work to another, the world has agreed to make him answer for that other as if he had done the

Under the Illinois mining act, a mine manager and mine examiner were vice principals of the owner, and were engaged in the performance of duties which the owner could not delegate

neighborhood, and 'vicinage of the jury' meant jury of the neighborhood or, in medieval England, jury of the county.

a place where people are provided with food and liquors, but not with lodgings; a house where persons are provided with victuals, but without lodging.

the owners of a ship may violate their neutrality, by taking a decided part with the enemy: In what light is such a ship then to be considered, and what is to be done with her? The

murder, nonnegligent manslaughter, forcible rape, robbery, and aggravated assault.

any crime punishable by imprisonment for a term exceeding one year.

where any reservation or limitation shall be made of a use, or property, by way of condition, reversion, remainder, or otherwise, in goods and chattels, the possession whereof shal

a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the

schools with student enrollments 90 per cent or more one race.

the duty of a receiver, virtute officii, is to bring to the discharge of his trust that prudence, caution, and attention which careful men usually bring to the conduct of their own

A custodian, by assuming the duties of his office, undertakes the obligation to produce the books of which he is custodian in response to a rightful exercise of the State's visitor

Although mere suspicion, not resting upon strong circumstances unexplained, should not be permitted to outweigh positive testimony in giving effect to a penal statute; yet it canno

the question is not whether the third-party concern is antagonistic to or compatible with the interests of bargaining-unit employees, but whether it vitally affects the 'terms and

Preaching and teaching the principles of one's sect, if performed part-time or half-time, occasionally or irregularly, are insufficient to bring a registrant under § 6(g). These ac

voidable at the vendor's election, and the condition may be insisted upon or waived, at his choice.

This language establishes that the guilty party is precluded from enforcing the contract against an unwilling innocent party, but it does not compel the conclusion that the contrac

Their purchase was declared void only as against the creditors of the La Crosse and Milwaukee Railroad Company. In other words, it was only voidable, not absolutely void. By satisf

the deed of an infant, being an executed contract, is only voidable at his election; that it is not void. It operates to transmit the title.

The District Court did not lose jurisdiction by erroneously construing or applying provisions of the statute under which it administered the bankrupt estate. Its order was voidable

It is not true, that because a policy is procured by misrepresentation of material facts, it is therefore to be treated, in the sense of the law, as utterly void ab initio. It is m

[a creditor's right of] surrender exists as well after suit as before suit. ... [The trustee may avoid preferences without a demand before suit when demand would have been unavaili

Care is to be observed lest the doctrine that a contract is void as against public policy be unreasonably extended. Detriment to the public interest is not to be presumed in the ab

One void claim, however, does not vitiate the entire patent, if made by mistake or inadvertence and without any wilful default or intent to defraud or mislead the public.

A warrant of commitment departing in matter of substance from the judgment back of it is void. Being void and not merely irregular, its nullity may be established upon a writ of ha

If this court entertained a doubt of the validity of the decree rendered by the circuit court of the county of Washington, ordering a conveyance of the title of Hamlin in the lands

Those who allege that it is void for uncertainty, must prove either that there are two estates called 'El Cahon,' near the mission of San Diego, to which the description in the pat

It was not the criminal penalty that was held invalid, but the exaction of obedience to a rule or standard which was so vague and indefinite as really to be no rule or standard at