Definitions from Case Law

The caveat is a remedy given to prevent a patent from issuing in certain cases where the directions of the law have been violated to the injury of the commonwealth, or where some o

The common law, unlike the civil law, does not imply a warranty from a full price. Where there is neither fraud nor warranty, and the buyer receives and retains the goods, without

the breadth of the order, like the injunction of a court, must depend upon the circumstances of each case, the purpose being to prevent violations, the threat of which in the futur

The word cedo (I grant) is the ordinary word used in Mexican conveyance to pass title to lands.

The term censorship, however, as commonly understood, connotes any examination of thought or expression in order to prevent publication of 'objectionable' material.

a censorship proceeding puts the initial burden on the exhibitor or distributor. Because the censor's business is to censor, there inheres the danger that he may well be less respo

not just a head count but other "matters relating to population," a category that encompasses basic demographic information such as citizenship.

the "judicial Power" to disregard an unconstitutional statute, see "Marbury," 1 Cranch, at 177; yet none would suggest that a litigant may never waive the defense that a statute is

Certainty in the fact of damage is essential. Certainty as to the amount goes no further than to require a basis for a reasoned conclusion. The certainty of the evidence as to dama

The object of the rule is undoubtedly to enable the other party to make such answer or response to the matter set up in the plea or notice, either by way of pleading or of evidence

The office of the certificate, as it respects the Federal question, is to make more certain and specific what is too general and indefinite in the record, but is incompetent to ori

the certificate of deposit so delivered to Hood was in effect money, and came within the authority to borrow money

instruments issued by protective committees in the course of corporate reorganizations.

A division on a point, in the progress of a cause, on which the judges may be divided in opinion, not the whole cause, is to be certified to this court.

the act of Congress of April 29, 1802, ch. 31, § 6, provides, that whenever a question shall occur before a Circuit Court, upon which the opinions of the judges shall be opposed, t

The contract of purchase is complete when the certificate of entry is executed and delivered, and thereafter the land ceases to be a part of the public domain. The government agree

The term 'certificate of indebtedness' includes only instruments having the general character of investment securities, as distinguished from instruments evidencing debts arising i

A certificate by the medical board if its action conformed to the statute and regulations and its decision was made after a fair hearing was plainly intended to be conclusive.

The certificate of shares of stock is not the property itself, it is but the evidence of property in the shares. The certificate, as the term implies, but certifies the ownership o

the constituents of the offence here intended to be visited on the claimant, obviously are, 1. That the cask should contain distilled spirits. 2. That it should be one which the la

The entire structure of the Act emphasizes, for purposes of review, the distinction between an 'order' of the Board restraining an unfair labor practice and a certification in repr

that petitioner has an unusually high success rate in civil trials.

the originals need not be produced in any trial, but that copies of them, certified by the officer in whose charge they properly are, may be used with the same effect as the origin

questions submitted must be questions of law and not mixed questions of law and fact, and not such as involve or imply conclusions or judgment by the Court upon the effect of facts

The proceedings, on a Habeas Corpus are de novo; on a certiorari, the court proceed on the state returned. Therefore, both writs cannot issue in the same cause; for the court canno

a voluntary surrender of territory or jurisdiction, rather than a withdrawal of such jurisdiction by the authority of a superior sovereign.

It was certainly not the intention of the parties to the cession that such suits should abate, and that individuals who had rightfully instituted proceedings in the tribunals of th

if the contempt occurs before a subcommittee, the line of authority from the House to the Committee and then to the subcommittee must plainly and explicitly appear, and it must app

[t]o object or except to" or "to put into dispute.

Challenges concern the eligibility of prospective voters.

a challenge with respect to the constitution of the panel

a challenge to the polls for actual bias

the 'unlawful maintenance of a suit, in consideration of an agreement to have a part of the thing in dispute, or some profit out of it;' and by Chitty as 'a bargain to divide the l

There is no principle in equity which prevents a creditor from assigning an interest in a debt, after institution of a suit therefor, as being within the statutes against champerty

The mode by which a court of chancery ascertains the amount, in cases of that description, is either by a reference to the master, or by sending an issue of quantum damnificatus to

Such a receiver has no extraterritorial power of official action; none which the court appointing him can confer, with authority to enable him to go into a foreign jurisdiction to

In appeals from the circuit courts in chancery cases, the parol testimony which is heard at the trial in the circuit court, ought to appear in the record.

substitution," and substitution presupposes that there was a date before.

A statute valid when enacted may become invalid by change in the conditions to which it is applied.

change in physical condition and does not include changes in other conditions relevant to the initial entitlement to benefits, such as a change in wage-earning capacity.

change in wage-earning capacity, as well as change in physical condition.

The essential fact that raises a change of abode to a change of domicil is the absence of any intention to live elsewhere; or, as Mr. Dicey puts it in his admirable book, 'the abse

It is admitted, on all sides, by public jurists, that in cases of capture a firm possession changes the title to the property; and although there has been in former times much vexe

A reduction or increase in the value of property may occur by reason of legislation for or the beginning or completion of a project. Such changes in value are incidents of ownershi

A chaplaincy in the Roman Catholic Church is an institution founded by an individual for the purpose of celebrating or causing to be celebrated annually a certain number of masses

a Chapter X proceeding is for purposes of rehabilitating the corporation and reorganizing it. Chapter X proceedings are not limited to insolvent corporations but are open to those

when we have held that a defendant's "character" is a relevant consideration in capital sentencing.

What commonly is called 'character evidence' is only such when 'character' is employed as a synonym for 'reputation.' The witness may not testify about defendant's specific acts or

In assessing the validity of the tax under federal law, we are not bound by the state's conclusion that the tax is imposed on the depositors, even though we would be bound by the s

The destination intended by the passenger when he begins his journey and known to the carrier, determines the character of the commerce.

a verified accusation.

The only safe rule is to abandon entirely the standard to which the indictment must conform, judged as a criminal pleading, and consider only whether it shows satisfactorily that t

where a devisee, whose estate is undefined, is directed to pay the testator's debts or legacies, or a specific sum in gross, he takes an estate in fee. The reason on which this rul

if the charge be merely on the land, and not on the person of the devisee, then the devisee, upon a general devise, takes an estate for life only... If the charge be merely on the

Charges against an estate are only such as affect it as a whole. They do not include taxes on the rights of individual beneficiaries.

a contribution or gift to or for the use of— '(2) A corporation, trust, or community chest, fund, or foundation— '(A) created or organized in the United States or in any possession

[a]ny charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose." A "contribution" is defined as "[t]he promise or grant of any money or property of any kind or val

Charity never fails; and it is the right, as well as the duty of the sovereign, by its courts and public officers, as also by legislation (if needed), to have the charities properl

a gift for a public use.

An act of congress ought never to be construed to violate the law of nations, if any other possible construction remains, and consequently can never be construed to violate neutral

any agreement, contract, lease, or commitment by which the possession or services of a vessel are secured for a period of time, or for one or more voyages, whether or not a demise

Charters granted to private corporations are held to be contracts. Powers and privileges are conferred by the State, and corresponding duties and obligations are assumed by the cor

the ship owner, who let his ship to hire to another, whether manned and equipped or not, enters into a contract totally distinct from that of him who engages to employ her himself

any charge above 50% of profits; after these charges are computed, the Commission is entitled to 50% of remaining excess profits.

There is no doubt that, by the law as understood in Massachusetts, at least, the provisions of Rev. Laws, Chap. 112, § 72, ... if they had been inserted in the charter in terms, wo

Charters of private corporations are regarded as executed contracts between the government and the corporators, and the rule is well settled that the legislature cannot repeal, imp

A charter party may be a contract for the lease of the vessel, or for a special service to be rendered by the owner of the vessel. Where, as is very frequently the case, the shipow

The word chattel, in its ordinary signification, includes every species of property which is not real estate or freehold, and the words goods, wares, and merchandise are undoubtedl

A chattel mortgage is only a bill of sale with a defeasance incorporated in it.

The note executed by Grimes for eleven thousand and some odd dollars was negotiable, and the chattel mortgage was given at that time to secure the payment of the note. The indorsem

The truth is, that a check is properly neither a bond, bill, or note, with regard to the bank drawn upon, but an acquittance. And the contract arising out of a payment upon it, is

when such bank performs the dual function of collecting and crediting the transaction is closed, and, in the absence of fraud or mutual mistake, is equivalent to payment in usual c

to deduct those dues periodically from the company's wage payments to the employees

the privilege of paying $500 into the Cherokee treasury and becoming thereby entitled to 'all the rights of other Cherokees' existed only from November 1, 1875, to November 28, 187

The Cherokee Nation was not bound to prosecute their claims against the United States for the unpaid balance of the $5,000,000 fund, but their rights were inextricably interwoven w

In some respects they bear the same relation to the federal government as a territory did in its second grade of government, under the ordinance of 1787. Such territory passed its

a son or daughter under the age of twenty-one years.

a nonprofit private child-care institution which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or app

not only " 'adoptive placement[s],' " " 'preadoptive placement[s],' " and " 'foster care placement[s],' " but also " 'termination of parental rights' " proceedings.

the type of depictions at issue in "Ferber," images made using actual minors.

only legitimate children.

legally compulsory payments made by parents.

The chilling effect upon the exercise of First Amendment rights may derive from the fact of the prosecution, unaffected by the prospects of its success or failure.

A lien may be perfected in the sense that there is nothing more to be done to have a choate lien—when the identity of the lienor, the property subject to the lien, and the amount o

A contractual choice-of-forum clause should be held unenforceable if enforcement would contravene a strong public policy of the forum in which suit is brought, whether declared by

The restriction on jurisdiction is limited to cases where A is indebted to B on an express or implied promise to pay; B assigns this debt or claim to C, and C, as assignee of such

Debts owing by corporations, like debts owing by individuals, are not property of the debtors in any sense; they are obligations of the debtors, and only possess value in the hands

a plan established and maintained by a church [a plan maintained by a principal-purpose organization]." The church-establishment condition thus drops out of the picture.

Cider is the expressed juice of apples and is so popularly and generally known.

the common c. i. f. contract for shipment from a foreign to an American port, where delivery to the ship at the port of lading is delivery to the purchaser

the Supreme Court of the District of Columbia, the jurisdiction of the latter court which undoubtedly existed prior to the establishment of the Commerce Court was not vested in the

Whenever circumstantial evidence is relied on to prove a fact, the circumstances must be proved and not themselves presumed.

To establish fraud, it is not necessary to prove it by direct and positive evidence. Circumstantial evidence is not only sufficient, but in most cases it is the only proof that can

The citation is nothing more than notice to the party to appear at the time specified for the return of the writ of error. And if he appears, it shows that he had notice; and if he

A citizen of the United States, residing in any state of the union, is a citizen of that state.

person,' and 'person,' according to the statutory definition, includes 'corporation.' The same meaning of 'citizen or subject' should be accepted wherever they occur in the section

The term citizens as there used applies only to natural persons, members of the body politic, owing allegiance to the State, not to artificial persons created by the legislature, a

It may be conceded that a change of citizenship cannot be arbitrarily imposed, that is, imposed without the concurrence of the citizen. The law in controversy does not have that fe

Citizenship is not incompatible with tribal existence or continued guardianship, and so may be conferred without completely emancipating the Indians, or placing them beyond the rea

Such a certificate, including the 'judgment' upon which it is based, is in its essence an instrument granting political privileges, and open like other public grants to be revoked