Definitions from Case Law

At common law, abandoned personal property was not the subject of escheat, but was subject only to the right of appropriation by the sovereign as bona vacantia.

These are the subscribing witnesses to the bond, and certainly a jury believing them could not have avoided declaring, by their verdict, that the bond was delivered on condition. T

Both commissions and discount are factors in arriving at the actual amount of interest paid for the use of capital procured by a bond issue. The difference between the capital real

no store could be constituted such a warehouse unless it was a first-class fire-proof store, according to the classification of insurance offices, and was first proved to be such t

the obligation of the bond was one of guaranty and not indemnity, and could be fulfilled only by the erection of the buildings or payment of the penalty in case of default.

a bond for indemnity securing the payment of the internal revenue taxes, interest, penalties, and liabilities accruing to the United States by reason of the breach

Bond premium' in § 125 means any extra payment, regardless of the reason therefor, in accordance with the firmly established principle of tax law that the ordinary meaning of terms

if it appears that the bonds issued show by their recitals that the power was exercised in the manner required by the legislature, and that the bonds were issued in conformity with

bonds... are nevertheless in their essence only evidences of debt... their destruction physically will not destroy the debt which they represent. They are representative, and not t

Bonds with coupons, payable to bearer, are negotiable securities, and pass by delivery, and, in fact, have all the qualities and incidents of commercial paper.

It is not a gift or gratuity, but a sum paid for services, or upon a consideration in addition to or in excess of that which would ordinarily be given. A premium given for a loan o

generally a printed publication is a book when its contents are complete in themselves, deal with a single subject, betray no need of continuation, and, perhaps, have an appreciabl

By the common law of England, books of account, or shop books, are not allowed, of themselves, to be given in evidence for the owner; but a clerk, or servant, who made the original

when one puts his employee at the disposal and under the direction of another for the performance of service for the latter, such employee while so engaged acts directly for and is

To determine whether a given case falls within the one class or the other we must inquire whose is the work being performed,—a question which is usually answered by ascertaining wh

To make a bottomry bond executed by the master a valid hypothecation of the ship, it must be shown by the creditor that the master acted within the scope of his authority; or, in o

A bottomry bond is an obligation, executed, generally, in a foreign port, by the master of a vessel for repayment of advances to supply the necessities of the ship, together with s

In England and America the established doctrine is, that the owners are not personally bound, except to the extent of the fund pledged which has come into their hands. To this exte

it was sufficient that it was the understanding of the parties at the time that the money should be secured by means of bottomry; and that it was of no consequence whether the mone

The contract of hypothecation, by bottomry, under which the money was loaned, is different from that implied by the general admiralty law. In the one case, the money advanced is pa

the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heret

The boundaries of an entry must be fixed precisely by its own terms, and cannot depend on previous appropriation.

It appears to us plain on the face of the agreement that the dominant fact is the establishment of the boundary line. The boundary line is the line of sovereignty, and the establis

The right of the court to decide on the legal effect of written instruments, cannot be controverted; but the question of boundary is always a matter of fact for the determination o

a boundary line between two governments which has been run out, located and marked upon the earth, and afterwards recognized and acquiesced in by them for a long course of years, i

a vessel intending to go to a foreign port not merely a vessel ostensibly bound to such port.

General encouragements, held out to all persons indiscriminately, to engage in a particular trade or manufacture, whether such encouragement be in the shape of bounties or drawback

[t]o combine in refusing to hold relations of any kind, social or commercial, public or private, with (a neighbour), on account of political or other differences, so as to punish h

the term 'branch bank' at the very least includes any place for receiving deposits or paying checks or lending money apart from the chartered premises; it may include more. ... sin

sailing from a neutral port with intent to enter a blockaded port, and with knowledge of the existence of the blockade, subjects the vessel and, in most cases, its cargo to capture

A third party who pays money to a fiduciary for the benefit of the beneficiary, with knowledge that the fiduciary intends to misappropriate the money or otherwise be false to his t

only actual breaches of the peace, offenses involving violence or public disturbance.

If the attitude of Italy was, as contended, a violation of the obligation of the treaty, which, in international law, would have justified the United States in denouncing the treat

An unannounced intrusion into a dwelling—what §3109 basically proscribes—is no less an unannounced intrusion whether officers break down a door, force open a chain lock on a partia

the term 'reorganization' means 'the acquisition by one corporation, in exchange solely for all or a part of its voting stock, of at least 80 per centum of the * * * stock of anoth

Brevet rank is conferred, in theory at least, for special and meritorious services by commission from the President, under authority of an act of Congress. It does not entitle the

a short-line carrier which transports through traffic from one long-line carrier to another

a combination of the cutting apparatus of a harvester with a quadrant-shaped platform *558 arranged in the rear thereof, and with a sweep-rake operated by mechanism in such a manne

Bringing to the United States,' taken literally and nicely, means, as a similar phrase in § 8 plainly means, transporting with intent to leave in the United States and for the sake

Nothing can be plainer than that a ship which enters one of our ports has come to the United States; and a passenger on board obviously has come with the ship, and consequently has

The bringing of suit vests in a party no right to a particular decision; and his case must be determined on the law as it stands, not when the suit was brought, but when the judgme

The United States having, at one time, formed a component part of the British empire, their prize law was our prize law. When we separated, it continued to be our prize law, so far

any person who owes permanent allegiance to the crown.

the Act recognizes that broadcasters are not common carriers and are not to be dealt with as such. Thus the Act recognizes that the field of broadcasting is one of free competition

The policy of the Act is clear that no person is to have anything in the nature of a property right as a result of the granting of a license. Licenses are limited to a maximum of t

whose business it is, as broker, to negotiate purchases or sales of stocks, exchange, bullion, coined money, bank notes, promissory notes, or other securities, for themselves or ot

It must be taken as settled: That bankrupts and their customer stood in the relation of pledgee and pledgeor. That in their dealings stock certificates issued by same corporation l

The broker must complete the sale; that is, he must find a purchaser in a situation and ready and willing to complete the purchase on the terms agreed on, before he is entitled to

Even the Courts of law have recognised the lien of a broker on a chose in action for a general balance of account, and much more so ought a Court of equity in the application of a

a broker is never entitled to commissions for unsuccessful efforts. ... If, after the broker has been allowed a reasonable time within which to produce a buyer and effect a sale, h

two or more corporations if the same five or fewer persons.

The Constitution as construed in Bruton is violated only where the out-of-court hearsay statement is that of a declarant who is unavailable at the trial for 'full and effective' cr

The business forbidden by the act of 1905 is—to avoid a paraphrasis, and following the usual American method of describing an act by a word or a phrase—the business of running a 'b

a statement of the financial position of a body for a definite period of time based on detailed estimates of planned or expected expenditures during the period and proposals for fi

The rudimentary form of such associations is supposed to be a society raising by subscription of its members a fund for making advances to members in order to enable them to build

all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of th

the duty that rests upon a party of going forward with the evidence at any given stage of the case.

The sufficiency of the price prescribed to produce a fair profit upon the value of the property employed in the business is to be strongly presumed. The burden of showing its confi

whenever the issue of voluntariness is put in issue, the Government must in each case prove voluntary conduct by clear, convincing and unequivocal evidence

And, in cases of this nature, where the libellant seeks the aid of a neutral Court to interpose itself against a belligerent capture, on account of a supposed violation of neutrali

The limits are in substance these, that the state shall have proved enough to make it just for the defendant to be required to repel what has been proved with excuse or explanation

The elementary but crucial difference between burden of proof and scope of review is, of course, a commonplace in the law... the prosecution is generally required to prove the elem

Of course the burden of proving negligence in a strict sense is on the plaintiff throughout, as was recognized and stated later in the charge. The phrase picked out for criticism d

he who would controvert a grant executed by the lawful authority with all the solemnities required by law, takes upon himself the burthen of showing that the officer has transcende

The ruling forces her to choose between following the precepts of her religion and forfeiting benefits, on the one hand, and abandoning one of the precepts of her religion in order

Where the statute regulates even-handedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the

It is a general principle, that the party who sets up a title must furnish the evidence necessary to support it. If the validity of a deed depends on an act in pais, the party clai

those actions of a state which directly impair the usefulness of its facilities or such traffic

The prohibited burden upon commerce between the states is created by state interference with that commerce, a matter distinct from the expense of doing business. A discrimination a

unlawful or unprivileged entry in- to, or remaining in, a building or structure, with intent to commit a crime," Taylor v. United States, 495 U. S. 575, 599 (emphasis added).

The word 'business,' as here used, must be limited in application to intercourse of a commercial character; and we hold that the departmental regulation, to the effect that tempora

in determining whether a bad debt has a 'proximate' relation to the taxpayer's trade or business, as the Regulations specify, and thus qualifies as a business bad debt, the proper

Business contracts must be construed with business sense, as they naturally would be understood by intelligent men of affairs.

(1) Those which are carried on under the authority of a public grant of privileges which either expressly or impliedly imposes the affirmative duty of rendering a public service de

compliance with marketing policies and prevailing prices of the petroleum industry, which are the marketing policies and posted prices of the major oil companies or the market lead

where a suit or action against a taxpayer is directly connected with, or, as otherwise stated, proximately resulted from, his business, the expense incurred is a business expense w

the characterization, as 'business' or 'personal,' of the litigation costs of resisting a claim depends on whether or not the claim arises in connection with the taxpayer's profit-

The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment p

the receiving of deposits and loaning the same on interest, for the benefit of the depositors, is a business of banking

The relationship between insurer and insured, the type of policy which could be issued, its reliability, interpretation, and enforcement—these were the core of the 'business of ins

more than just the business of being a contract carrier within a defined territory. It is all-inclusive and connotes in addition to the business of being a contract carrier the exa

business activity or property related to one's business.

Choses in action may acquire a situs for taxation other than at the domicile of their owner, if they have become integral parts of some local business.

Business trips are to be identified in relation to business demands and the traveler's business headquarters. The exigencies of business rather than the personal conveniences and n

In what are called 'business trusts' the object is not to hold and conserve particular property, with incidental powers, as in the traditional type of trusts, but to provide a medi

the power to eliminate all racial barriers to the acquisition of real and personal property? We think the answer to that question is plainly yes.

an offense, is nevertheless by virtue of the unspoken and implied mandate of the statute to be adjudged not guilty by reason of someone's else improper conduct.

the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

that congressional districts are to be 'as nearly as is practicable' equal in population, ante, pp. 7-8.

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