Definitions from Case Law

any woman who was discharged and so served in any corps or unit of the United States established for the purpose of enabling women to serve with, or as auxiliary to, the armed forc

The priority is attached to the debt, and not to the person of the creditor; to the claim, and not to the claimant. The act does not enumerate classes of creditors and confer upon

(A) any wager with respect to a sports event or a contest placed with a person engaged in the business of accepting such wagers, (B) any wager placed in a wagering pool with respec

To procure a policy for $3000 to cover a debt of $70 is of itself a mere wager. The disproportion between the real interest of the creditor and the amount to be received by him dep

the constitution of that State has expressly declared, that the trial by jury shall remain inviolate; and the constitution of the United States has also declared, that in suits at

the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing,

the manifest purpose of the priority was 'to enable employees displaced by bankruptcy to secure, with some promptness, the money directly due to them in back wages, and thus to all

No principle of law found either in the statute or in Court decisions precludes waiting time from also being working time.

to "abandon, renounce, or surrender"—so here, to eliminate a regulatory requirement or condition.

an intentional relinquishment or abandonment of a known right or privilege.

every existing claim which the party has omitted to make at the hearing upon the merits, and before the final decree, is to be considered as waived by him, and is not to be enterta

Several federal constitutional rights are involved in a waiver that takes place when a plea of guilty is entered in a state criminal trial. First, is the privilege against compulso

His 'voluntary offer of testimony upon any fact is a waiver as to all other relevant facts, because of the necessary connection between all.

Waiver of constitutional rights, however, is not lightly to be inferred. A witness cannot properly be held after claim to have waived his privilege and consequent immunity upon vag

Waivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequenc

To be valid such waiver must be made with an apprehension of the nature of the charges, the statutory offenses included within them, the range of allowable punishments thereunder,

A waiver of a demurrer often takes place, and is, by law, permissible... Quilibet renuntiare potest jure pro se introducto. The want of a decision would, in this aspect of the subj

To preserve the protection of the Bill of Rights for hard-pressed defendants, we indulge every reasonable presumption against the waiver of fundamental rights

such waivers by Congress of governmental immunity in case of such federal instrumentalities should be liberally construed. Hence, when Congress establishes such an agency, authoriz

Now, it is well settled that the lien implied by the general admiralty law, may be waived by the express contract of the parties, or by necessary implication; and the implication a

as a condition to a valid waiver order, petitioner was entitled to a hearing, including access by his counsel to the social records and probation or similar reports which presumabl

The lien created by the maritime law may be, and is, waived by the creditor, by any act or contract which is inconsistent with an intention to receive or retain that lien. The impl

an unconditional promise by the drawer or endorser of a bill, to pay it, after full knowledge of all the circumstances necessary to apprize him of his discharge from his responsibi

the plaintiff was entitled to treat the contract as on foot, notwithstanding the defendant's act, and go on with it cy-pres. Under the circumstances it could not comply literally w

The privilege may not be relied on and must be deemed waived, if not in some manner fairly brought to the attention of the tribunal which must pass upon it.

a defendant who voluntarily takes the stand in his own behalf, thereby waiving his privilege, may be subjected to a cross-examination concerning his statement. 'Assuming the positi

Disclosure of a fact waives the privilege as to details... if the witness himself elects to waive his privilege... and discloses his criminal connections, he is not permitted to st

where the offense is not capital and the accused is not in custody, the prevailing rule has been, that if, after the trial has begun in his presence, he voluntarily absents himself

A defendant who pleads guilty is entitled to the benefit of counsel, and a request for counsel is not necessary. It is enough that a defendant charged with an offense of this chara

a prisoner who takes the stand in his own behalf waives his constitutional privilege of silence, and ... the prosecution has the right to cross-examine him upon his evidence in chi

the section must be interpreted in the light of its function in giving consent of the Government to be sued, which consent, since it is a relinquishment of a sovereign immunity, mu

suit may not be maintained against the United States in any case not clearly within the terms of the statute by which it consents to be sued

When a state authorizes a suit against itself to do justice to taxpayers who deem themselves injured by any exaction, it is not consonant with our dual system for the Federal court

a statutory right conferred on a private party, but affecting the public interest, may not be waived or released if such waiver or release contravenes the statutory policy. Where a

The immunity from giving testimony is one which the defendant may waive by offering himself as a witness. When he takes the stand in his own behalf, he does so as any other witness

Owners of personal property are not obliged to treat every act of a third person who invades their right of property or possession as constituting a tortious conversion of the prop

the killing of three drug dealers in Waltham, Massachusetts.

every man who is a party to an instrument, gives credit to it; that it was of consequence to mankind, that no person should hang out false colors to deceive them, by first affixing

individual insertions under various headings; general, also called national, advertising typically comprises displays by national manufacturers or wholesale distributors of brand-n

the want of intrinsic fairness and honesty, in the connection in which the words are found, relates to some infirmity in the muniments of title, or deduction of title, of the defen

when, from personal incapacity, the nature of the contract, or any other cause, a contract is incapable of being enforced against one party, that party is equally incapable of enfo

The plaintiff must show that the defendant acted from malicious motives in prosecuting him, and that he had no sufficient reason to believe him to be guilty. If either of these be

a licentious act of one man towards the person of another, without regard to his rights; it has also been defined as the conscious failure by one charged with a duty to exercise du

War, when duly declared or recognized as such by the war-making power, imports a prohibition to the subjects, or citizens, of all commercial intercourse and correspondence with cit

He is a 'ward of the admiralty,' often ignorant and helpless, and so in need of protection against himself as well as others.

[S]eamen who are peculiarly the wards of admiralty. [The Jones Act's] purpose was to enlarge that protection, not to narrow it.

Seamen have always been regarded as wards of the admiralty, and their rights, wrongs, and injuries a special subject of the admiralty jurisdiction

As it is the duty of the warehouseman to deliver upon proper demand, his failure to do so, without excuse, has been regarded as making a prima facie case of negligence. If, however

Congress had in mind real shooting wars when it referred to participation in war in any form—actual military conflicts between nations of the earth in our time—wars with bombs and

From its very nature the war power, when necessity calls for its exercise, tolerates no qualifications or limitations, unless found in the Constitution or in applicable principles

authority to prepare defenses and to establish our military forces in defensive posture about the world.

an instrument conferring authority upon persons, inferior to a commission," and that mates must therefore be warrant officers, because they are appointed by the Secretary of the Na

affidavits for search warrants, such as the one involved here, must be tested and interpreted by magistrates and courts in a commonsense and realistic fashion. They are normally dr

By the common law of this state, a warrant and survey, if the consideration be paid, is considered a legal title against the proprietary, as much so as if he had a patent.

A court has power in the exercise of a sound discretion to issue a warrant of arrest without a previous subpoena, when there is good reason to believe that otherwise the witness wi

The Judges of this court were unanimously of opinion, that the warrant of commitment was illegal, for want of stating some good cause certain, supported by oath.

what was generally termed a warrant of distress, running against the body, goods, and chattels of defaulting receivers of public money, was issued to some public officer, to whom w

In a doubtful or marginal case a search under a warrant may be sustainable where without one it would fall. The resolution of doubtful or marginal cases in this area should be larg

The requirement that a warrant be obtained is a requirement that inferences to support the search 'be drawn by a neutral and detached magistrate instead of being judged by the offi

it was precisely because it was a warranty,—that is, an absolute undertaking by contract that a fact was true,—that, if a warranty was alleged, it was not necessary to lay the scie

the who presents a check for payment warrants that he has title to it and the right to receive payment. If he has acquired the check through a forged endorsement, the warranty is b

extends to unseaworthiness of the ship due to faulty stowage of cargo, even though the charterer himself, subject to supervision of the captain, loads the vessel; applies only to t

That agreement necessarily includes petitioner's obligation not only to stow the pulp rolls, but to stow them properly and safely. Competency and safety of stowage are inescapable

war risk policies, being contracts, are property and create vested rights

the common law had long recognized that in times of imminent peril—such as when fire threatened a whole community—the sovereign could, with immunity, destroy the property of a few

At the threshold of this enquiry, I lay it down as a fundamental proposition, that strictly speaking, in war all intercourse between the subjects and citizens of the belligerent co

service performed by a Spanish War veteran, a World War I veteran, a World War II veteran, a Korean veteran, a Vietnam veteran, or a member of the WAAC.

if a house be destroyed by lightning, floods, tempests, or enemies, without any concurrence of the lessee, or possibility of his preventing the same, this is no waste in the lessee

The land, then, which was brought into market and offered for sale, on which the purchaser might place his warrant, and to which he might acquire a title, was 'waste and unappropri

Oil and gas reserves like other minerals in place, are recognized as wasting assets. The production of oil and gas, like the mining of ore, is treated as an income-producing operat

In the understanding of the sailor, a division into 'watches,' as applied to the personnel of the ship, connotes a division as nearly equal as possible

If the call for the southern boundary, instead of being a lake, which is a shifting line, had been a permanent object, such as a street or wall, there could not be two opinions as

any person who engages in the 'transportation by water * * * of * * * property * * * for compensation

the water in Lake Mead, Lake Mohave, Lake Havasu and all other water in the mainstream below Lee Ferry and within the United States; (F) 'Tributaries' means all stream systems the

the right to the use of water can be acquired only by prior appropriation for a beneficial use; and that such right when thus obtained is a property right, which, when acquired for

The declaration in the Constitution of 1879 that water appropriated for sale is appropriated to a public use must be taken according to its subject-matter. The use is not by the pu

water `[a]s found in streams and bodies forming geographical features such as oceans, rivers, [and] lakes,'" "ante," at 732 (quoting Webster's Second 2882)—the dissent is correct t

storm drains, roadside ditches, ripples of sand in the desert that may contain water once a year, and lands that are covered by floodwaters once every 100 years.

a "receiver or frame." Section 921 supports this reading by delimiting the defnition of a "frearm" to "any weapon" convertible into a 508 BONDI v. VANDERSTOK Thomas, J., dissenting

garments worn or made for wearing; dress in general;' and the noun 'wearing,' as 'that which one wears; clothes; garments.' But it is unnecessary to search or compare the dictionar

the state of entire subjection of one person to the will of another,' and a slave is said to be 'a person who is held in bondage to another.' Even the secondary meaning given recog

that series of days called a week commencing Sunday and ending Saturday.

any day of the week other than Sundays or whole holidays, and the word 'holiday' refers to a holiday of not less than 24 hours.

The general rule that either two witnesses or one witness with probable circumstances will be required to outweigh an answer asserting a fact responsively to a bill, is admitted. T

a determination [by] the trier of fact that a greater amount of credible evidence supports one side of an issue or cause than the other.

Such benefits are a matter of statutory entitlement for persons qualified to receive them. Their termination involves state action that adjudicates important rights. The constituti

plans providing benefits in the event of sickness, accident, [or] disability.

Well advertised' means well known.

not only honesty, but reasonable skill and diligence.

It has become firmly settled that whether a case is one arising under the Constitution or a law or treaty of the United States, in the sense of the jurisdictional statute, must be

they also contained typical and representative averages.

its northwest corner, where its west line meets New York Avenue, and if by " west " is meant due west, then a line running due west from Fourteenth Street will not strike the west

those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalen

The statute was to take effect from its passage; and it is a general rule that where the computation is to be made from an act done, the day on which the act is done is to be inclu

the time when payments are first administratively allowed as a result of a hearing of which both parties have notice and are permitted to present their respective positions; any ot

at what time the right of the government to the duties accrues in the fiscal sense of the terms. The answer is, at the time when the goods have arrived at the proper port of entry.

after the term in which the forfeiture was entered.

unlawfully grazing livestock on the Federal range, the notice served on the alleged violator * * * will order the alleged violator to remove the livestock or to cause them to be re

when and not until that occurs; and contemplates it as something that may or may not come to pass.

? The word "when" can, but does not always, mean "[a]t the time that," American Heritage Dictionary, at 1971, or "just after the moment that," Webster's Third New International Dic