Definitions from Case Law

Congress must be presumed to use the words in their known and habitual commercial sense; not indeed, in that of foreign countries, if it should differ from our own, but in that kno

the Federal Election Commission established by section 437c(a)(1) of Title 2, United States Code.

The act of July 4, 1836, ... provides 'that, from and after the passage of this act, the executive duties now prescribed, or which may hereafter be prescribed by law, appertaining

The function he performed was judicial in its character. No provision is made for appeal or review. His decision must be held conclusive until the patent is impeached in a proceedi

The commissioning of officers in the Army is a matter of discretion within the province of the President as Commander in Chief. Whatever control courts have exerted over tenure or

a commission may be forfeited by grossly illegal conduct; and a commission fraudulently obtained, is, as to vesting the interests of prize, utterly void. But a commission may be la

A commission of bankruptcy relates to the act of bankruptcy, having the effect of an execution; it prevents the transmission of the bankrupt's property from that time to any but hi

The right of capture is entirely derived from the law: It is not an absolute, vested right which cannot be taken away or modified by law: It is a limited right, which is subject to

when a Court commits a party for a contempt, their adjudication is a conviction, and their commitment, in consequence is execution... no Court can discharge, on bail, a person that

but is not limited to, situations in which there is "no law to apply.

This is a very narrow exception... applicable in those rare instances where 'statutes are drawn in such broad terms that in a given case there is no law to apply.

of the sort that is traditionally unreviewable," it operates to keep certain categories of agency action out of the courts; but when agency action is appropriately in the courts, a

the privilege of carrying on any kind of business.

commodities, articles, products, and materials (except materials furnished for publication by any press association or feature service, books, magazines, motion pictures, periodica

The commodity clause of the Hepburn act was intended to prevent railroads from occupying the dual and inconsistent positions of public carrier and private shipper; and, in order to

If the contract is for the delivery of a chattel or a specific commodity or substance, the law does not apply. If it is bona fide for so many carats of diamonds or so many ounces o

A commodity future is a contract to purchase some fixed amount of a commodity at a future date for a fixed price.

rates made specifically applicable for the carriage of a particular commodity or group of commodities from one designated point to another. The original function of commodity rates

But the court think the matter in controversy, in the Kentucky court, was the sum due to the representatives of the deceased collectively; and not the particular sum to which each

a mere practical continuity in the transportation is not enough, as the question under the statute is not simply whether there was a continuous carriage or shipment, but whether th

One bound to furnish transportation to the public as a common carrier must serve all, up to the capacity of his facilities, without discrimination and for reasonable pay.

The common carrier is regarded as an insurer of the property carried, and upon him the duty rests to see that the packing and conveyance are such as to secure its safety. The conse

At common law, a carrier by land is in the nature of an insurer, and is bound to keep and carry the goods intrusted to his care safely, and is liable for all losses, and in all eve

any person which holds itself out to the general public to engage in the transportation by motor vehicle in interstate or foreign commerce of passengers or property or any class or

one who operates a railroad as a means of carrying for the public,—that is to say, a railroad company acting as a common carrier.

Common carriers by water, like common carriers by land, in the absence of any legislative provisions prescribing a different rule, are also, in general, insurers, and liable in all

The control of Congress over commerce among the states cannot be made a means of exercising powers not intrusted to it by the Constitution, but it may require those who are common

Common carriers of passengers, like the steamship Stevens, are obliged to carry all persons who apply for passage, if the accommodations are sufficient, unless there is a proper ex

in the absence of any legislative provisions prescribing a different rule, are insurers of goods shipped, and are liable in all events and for every loss and damage, however, occas

The implied agreement of a common carrier is to carry safely and deliver at destination within a reasonable time. It is otherwise when the action is for a breach of a contract to c

The latter undertake, for hire, to carry all persons indifferently who apply for passage; and the law, for the protection of travellers, subjects such carriers to a very strict res

The term common-field is of American invention, and adopted by Congress to designate small tracts of ground of a peculiar shape, usually from one to three arpents in front by forty

a trust fund which has been recovered or preserved through their intervention may be charged with the costs and expenses, including reasonable attorney's fees, incurred in that beh

That exception had previously been applied in cases where a plaintiff traced or created a common fund for the benefit of others as well as himself. ... to have allowed the others t

the body of those principles and rules of action relating to the government and security of persons and property, which derive their authority solely from usages and customs of imm

There are no common-law crimes against the government; each case involves the construction of a statute to determine whether the acts or omissions of the accused are denounced as p

the common-law rule that witnesses, suitors, and their attorneys, while in attendance in connection with the conduct of one suit, are immune from service in another. That rule of p

the question what facts constitute a common-law marriage is purely a local one.

The common law of trademarks is but a part of the broader law of unfair competition.

the common law as received in this country at the time of the adoption of the Constitution gave a remedy in rem in cases of forfeiture, and that it is a 'common law remedy' and one

The public representation of a dramatic composition, not printed and published, does not deprive the owner of his common-law right, save by operation of statute. At common law, the

At common law, an author has a right to his unpublished manuscripts the same as to any other property he may possess, and this statute gives him a remedy by injunction to protect t

At the common law the husband and wife were regarded as one, the legal existence of the wife during coverture being merged in that of the husband; and, generally speaking, the wife

Both are rules of conduct proceeding from the supreme power of the state. That one is unwritten and the other written can make no difference in their validity or effect. The common

The term 'carriers under the same management and control' refers to carriers generally controlled through ownership, lease, or otherwise to the extent of controlling traffic policy

Common points are points which take the same rate.

all property acquired in any manner by husband and wife during marriage except donations made to one of the spouses, and except the wife's earnings and actions for damages when she

A 'common situs' is a place where both the struck employer and 'secondary' or 'neutral' employers are carrying on business activities.

deposits of such materials which are valuable because the deposit has some property giving it distinct and special value

the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such tr

any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire,

The maxim communis error facit jus, though said to be dangerous in its application, 'because it sets up a misconception of the law, for destruction of the law,' might here find a s

any Communist-action organization, Communist-front organization, or Communist-infiltrated organization.

the present Communist Party of the United States.

systems that receive television broadcast signals, amplify them, transmit them by cable or microwave, and distribute them by wire to subscribers.

CATV systems receive the signals of television broadcasting stations, amplify them, transmit them by cable or microwave, and ultimately distribute them by wire to the receivers of

any person, firm, association, partnership or corporation, except banks incorporated under the laws of this State and National Banks organized pursuant to the laws of the United St

federal income tax liability follows ownership

that the same, by the laws of that State, became a community of acquets and gains, one half of which, upon the death of their mother, became theirs and her other heirs.

the Board regards as its primary concern in resolving unit issues 'to group together only employees who have substantial mutual interests in wages, hours, and other conditions of e

the wife has, in Washington, a vested property right in the community property, equal with that of her husband; and in the income of the community, including salaries or wages of e

the substitution of a lesser type of punishment for the punishment actually imposed at trial.

a change of a punishment to which a person has been condemned into one less severe, substituting a less for a greater punishment by authority of law.

in commutative contracts, where the reciprocal obligations are to be performed at the same time, or the one immediately after the other, the party, who wishes to put the other in d

The compact—the legislative means—adapts to our Union of sovereign States the age-old treaty making power of independent sovereign nations.

corporations, partnerships, companies and other associations, whether or not with limited liability and whether or not for pecuniary profit.

a retail service station operated directly by employees of a refiner or producer of petroleum products (or a subsidiary).

The closest decision in theory, Marsh v. Alabama, supra, involved the assumption by a private enterprise of all of the attributes of a state-created municipality and the exercise b

in a movie theater-but more complicated when, as in sports arenas, spectators sometimes stand up.

Under that doctrine contributory negligence, however gross, is not a bar to recovery but only mitigates damages.

It is a general rule, that evidence by comparison of hands is not admissible, where the witness has had no previous knowledge of the hand writing, but is called upon to testify mer

evidence by comparison of hands is not admissible when the witness has had no previous knowledge of the handwriting, but is called upon to testify merely from a comparison of hands

Any incidental burden on the free exercise of appellant's religion may be justified by a 'compelling state interest in the regulation of a subject within the State's constitutional

harm which may include general injury to reputation, consequent mental suffering, alienation of associates, specific items of pecuniary loss, or whatever form of harm would be reco

an exercise of the power of eminent domain which has the inevitable effect of depriving the owner of the going-concern value of his business is a compensable 'taking' of property.

The rule that any modification of the principal obligation releases the surety is also abated in the case of a compensated surety or indemnitor, who is discharged only so far as hi

the entire "package" of benefits-not just cash, but retirement benefits, medical care, and exemption from taxation if that is part of the employment package.

§ 22(a) 'is broad enough to include in taxable income any economic or financial benefit conferred on the employee as compensation, whatever the form or mode by which it is effected

Section 22(a) of the Revenue Act is broad enough to include in taxable income any economic or financial benefit conferred on the employee as compensation, whatever the form or mode

costs for document translation, we must look to the meaning of "interpreter." That term is not defined in the Court Interpreters Act or in any other relevant statutory provision.

No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowa

The standard under the Tort Claims Act is 'compensatory,' i.e., 'measured by the pecuniary injuries' resulting from the death.

a person who is to receive a reward for or upon the conviction of the offender; for he is universally recognised as a competent witness, whether the reward be offered by the public

In light of general authority and of sound reason... the dead hand of the common law rule of 1789 should no longer be applied to such cases as we have here; that the conviction of

My opinion has been changed by the modern authorities, which give an evident preponderance to the opposite scale; and, in general, the Judges have, of late, been inclined to a more

the authority of the President, and officers acting under his direction.

[A] competent tribunal': a court authorized to render judgment on the indictment. The circumstance that ultimately it is determined on appeal that the indictment is defective does

The proviso, like the body of § 12, contains the term 'competing' employees, which necessarily implies that a veteran's preference operates only within a defined group.

the existence of present or potential competitors, and the unfair methods must be such as injuriously affect or tend thus to affect the business of these competitors-that is to say

The effect on competition in a particular market through acquisition of another company is determined by the nature or extent of that market and by the nearness of the absorbed com

Congress intended to place national and state banks on a basis of 'competitive equality' insofar as branch banking was concerned... national branch banking is limited to those Stat

any particular route, rate, or service on which any of the 'protected railroads' were handling traffic at the time the merger application was filed or at the date of the order.

§ 2(b) of the Act contemplates that the lower price which may be met by one who would discriminate must be the lower price of his own competitor

any effort to present the expression of others in some sort of organized package.

the complainant is always bound to prove his title, unless it be admitted by the answer.

inter alia," any "utterance expressing a grievance." Webster's New International Unabridged Dictionary 546 (2d ed. 1957).

the constitutional authority to enact "regulations relating to 'registration.' " Ibid.; see also Cook v. Gralike, 531 U. S. 510, 524 (2001) (same); Roudebush v. Hartke, 405 U. S. 1

The court understands these expressions to mean that each distinct interest should be represented by persons, all of whom are entitled to sue, or may be sued, in the federal courts

The severance of all managerial and all financial connections between El Paso and the New Company must be complete for the decree to satisfy our mandate. Only a cash sale will sati

a retention of control over the disposition of the trust property, whether for the benefit of the donor or others, renders the gift incomplete until the power is relinquished wheth