Definitions from Case Law

all the courts in which seamen may have occasion to enter and prosecute suits.

in a court of that character, the relations between the court and the attorneys and counsellors who practise in it, and their respective rights and duties, are regulated by the com

an invitation to collectively engage in a legitimately prohibited activity." Ante, at 132.

where a Court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed is

In covenant for non-payment of rent, payable at different times, a new action lies as often as the respective sums become due and payable.

The covenant is, that the vendor is seised in fee of the premises which he sells and conveys. Suppose the fact to be that he had no title nor pretence of title to those premises; t

In an action on such a covenant, it is undoubtedly necessary to allege, substantially, an eviction by title paramount, but we do not think that any formal words are prescribed, in

This kind of warranty, which is a covenant real, has long ceased, and has been succeeded by the covenants personal, introduced into modern conveyances. The latter have two advantag

The legal effect of a covenant to sell is, that the land shall be conveyed by a deed from one who has a good title, or full power to convey a good title.

any month in which the taxpayer has insurance through "an Exchange established by the State under [ 42 U.S.C.

there are three prerequisites to coverage under § 307: (1) the 'person' must have solicited, collected, or received contributions; (2) one of the main purposes of such 'person,' or

The phrase 'covered by the bond' as used in the Westinghouse case did not have the meaning petitioner ascribes to it but had reference rather to the class of creditors for whose be

— "(i) any single lawsuit in which— "(I) damages are sought on behalf of more than 50 persons or prospective class members, and questions of law or fact common to those persons or

any individual performing tasks related to the offering or provision of a consumer financial product or service.

an employer, employment agency, labor organization, or joint labor-management committee.

a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010 .

a security that satisfies the standards for a covered security specified in paragraph (1) or (2) of section 18(b) of the Securities Act of 1933, at the time during which it is alle

the device practised in this case, of covering the property as neutral when in truth it was belligerent, is not contrary to the laws of war, or the laws of nations. And contracts m

the physical entry by a law enforcement officer into private premises without the owner's permission or knowledge in order to install bugging equipment.

the scientific evidences for creation and inferences from those scientific evidences.

the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.

By virtue of the power to borrow money 'on the credit of the United States,' the Congress is authorized to pledge that credit as an assurance of payment as stipulated, as the highe

a person who in the ordinary course of business regularly extends or arranges for the extension of consumer credit.

The court of chancery does not give any specific lien to a creditor at large, against his debtor, further than he has acquired at law; for, as he did not trust the debtor on the fa

a debtor has a legal right to prefer one creditor over another, when the transaction is bona fide; but... the law condemns any plan in the disposition of property which necessarily

when any national banking association shall have gone into liquidation under the provisions of section five thousand two hundred and twenty of said statutes, the individual liabili

These bills are formally, as well as substantially, creditors' bills, by which the complainants are regularly and properly united in seeking satisfaction from subjects against whic

subsequent creditors in good faith and without notice of the mortgage, and that the statutory invalidity of an unfiled chattel mortgage extends to all creditors who became such aft

every defeription of creditors, and cannot be limited or narrowed down to fuch only, whofe debtors had not paid into the loan office of "Virginia.

every fact that is by law a basis for imposing or increasing punishment (in contrast with a fact that mitigates punishment).

Fraud has consistently been regarded as such a contaminating component in any crime that American courts have, without exception, included such crimes within the scope of moral tur

an offense that, among other things, has "as an element the use [or] attempted use ...

It is the aim of the section not merely to protect innocent persons from actual loss through reliance upon false assumptions of Federal authority, but to maintain the general good

abduction, arson, escape, kidnapping, manslaughter, except involuntary manslaughter, mayhem, murder, robbery, or rape or sexual offense in the first or second degree, or an attempt

fellatio, the Tennessee court rejecting the contention that the statute was limited to the common-law copulation-per-armm scope of the phrase.

The general rule of the common law is that a judgment in a criminal proceeding cannot be read in evidence in a civil action to establish any fact there determined. The reason for t

Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials

only a criminal prosecution against the witness himself, disapproved.

collective criminal agreement—partnership in crime—presents a greater potential threat to the public than individual delicts. Concerted action both increases the likelihood that th

The proceeding for criminal contempt, unlike that for civil contempt, is between the public and the defendant, is an independent proceeding at law, and no part of the original caus

anything that is specially designed, made, or adapted for the commission of an offense.

conspiracy to commit a particular substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense itself

to make an offense of conduct which is 'calculated to create disturbances of the peace' leaves wide open the standard of responsibility. It involves calculations as to the boiling

up to six months in prison and/or a maximum fine of $50,000.

(A) Anything of value furnished or intended to be furnished in exchange for criminal conduct or contraband received in violation of state or federal law; and (B) Property or profit

in the specific context of the Sixth Amendment.

the right to rely on counsel after the government's role has shifted from investigation to accusation and the "defendant finds himself faced with the prosecutorial forces of organi

When at the time of ruling there is outstanding a complaint, or a detention or release on bail following arrest, or an arraignment, information, or indictment—in each such case the

Sentences in criminal cases should reveal with fair certainty the intent of the court and exclude any serious misapprehensions by those who must execute them

a comparable judicial enlargement of a criminal act by interpretation is at war with a fundamental concept of the common law that crimes must be defined with appropriate definitene

any ongoing organization, association in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or mo

The essence of the offense denounced by the Act is the combining with others in an association for the accomplishment of the desired ends through the advocacy and use of criminal a

A criminal trial is concluded by the judgment of sentence entered upon a plea or a verdict of guilt.

any air, land, or water area (exclusive of those existing man-made structures or settlements which are not necessary to the survival and recovery of a listed species) and constitue

a sufficient number of underrepresented minority students to achieve several objectives: To ensure that these minority students do not feel isolated or like spokespersons for their

that he failed to exhaust his audible-prayer claim "properly." Woodford, 548 U. S., at 90 .

Arraignment under Alabama law is a critical stage in a criminal proceeding. What happens there may affect the whole trial. Available defenses may be as irretrievably lost, if not t

an accused is entitled to counsel at any 'critical stage of the prosecution,' and that a post-indictment lineup is such a 'critical stage

The right to counsel at the trial...on appeal...and at the other 'critical' stages of the criminal proceedings...have all been made retroactive, since the 'denial of the right must

the appellee may not attack the decree with a view either to enlarging his own rights thereunder or of lessening the rights of his adversary, whether what he seeks is to correct an

A cross-bill is brought by a defendant in a suit against the plaintiff in the same suit, or against other defendants in the same suit, or against both, touching the matters in ques

the cross-examination of a witness must be limited to the matters stated in his direct examination

a party has no right to cross-examine any witness except as to facts and circumstances connected with the matters stated in his direct examination. If he wishes to examine him to o

[A]n agreement for cross-licensing and division of royalties violates the Act only when used to effect a monopoly, or to fix prices, or to impose otherwise an unreasonable restrain

The American tradition of trial by jury, considered in connection with either criminal or civil proceedings, necessarily contemplates an impartial jury drawn from a cross-section o

what has become technically known among pilots as 'cross signals', that is, answering one whistle with two, and answering two whistles with one.

a proportionality requirement in some cases but not in others.

a state law which imprisons a person thus afflicted as a criminal, even though he has never touched any narcotic drug within the State or been guilty of any irregular behavior ther

The cruelty against which the Constitution protects a convicted man is cruelty inherent in the method of punishment, not the necessary suffering involved in any method employed to

Although not acknowledged by our government as an independent nation, it is well known that open war exists between them and his Catholic Majesty, in which the United States mainta

Experts may be examined to explain terms of art, and the state of the art, at any given time. They may explain to the court and jury the machines, models, or drawings, exhibited. T

It is ancient doctrine that at common law ownership of the land extended to the periphery of the universe—Cujus est solum ejus est usque ad coelum. But that doctrine has no place i

neither the above-quoted provision from the Cummins Amendment nor the one from the Transportation Act was intended to operate as a statute of limitation. They restricted the freedo

The legatees are not bound to accept the bequest, but, if accepted, it must be subject to the disabilities annexed; it must be taken cum onere, or not at all.

The remedy given by the twelfth section to the corporation is co-ordinate or cumulative, but is not imperative as a condition precedent to the exercise of the authority to sell the

the probationary power ceases with respect to all of the sentences composing a single cumulative sentence immediately upon imprisonment for any part of the cumulative sentence.

a distinction is made between a bare attempt of the legislature retroactively to create liabilities for transactions which, fully consummated in the past, are deemed to leave no gr

cure' is care, including nursing and medical attention during such period as the duty continues

accounts payable, such as taxes, wages, rents, interest payable, and short-term debt.

Depreciation is defined as the expense occasioned by the using up of physical property employed as fixed capital; current maintenance, as the expense occasioned in keeping the phys

anything remotely related to abstract educational goals, however, we reject that argument.

curtesy consummate only where the wife died seized of the land and intestate

curtesy initiate, which at common law vested during coverture

any bag or case made of leather, cotton, or other textile material, and stuffed or filled with any filler, except jute and straw, mentioned in the definition of pillow, or with tow

Money or property in his hands is in custodia legis.

questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.

While petitioner's parole releases him from immediate physical imprisonment, it imposes conditions which significantly confine and restrain his freedom; this is enough to keep him

whenever property has been seized by an officer of the court, by virtue of its process, the property is to be considered as in the custody of the court, and under its control for t

All property in the possession of a bankrupt of which he claims the ownership passes, upon the filing of a petition in bankruptcy, into the custody of the court of bankruptcy.

property once levied on, remains in the custody of the law, and it is not liable to be taken by another execution, in the hands of a different officer; and especially by an officer

The known customs of the bank, and its ordinary modes of transacting business, including the prescribed forms of notes offered for discount, were matters of proof, and entered into

all who have occasion for entertainment or refreshment.

customers' in § 2(d) includes retailers who buy through wholesalers and compete with a direct buyer in the resale of the supplier's product

law.' Indeed, Mr. Justice Harlan, dissenting in Jones v. Alfred H. Mayer Co., supra, used a different formula in summarizing the 'under color of' language in § 242; he said it refe

when it is sought to incorporate the custom into an express contract whose terms are reduced to writing and are expressed in language neither technical nor ambiguous, and therefore

The proper office of a custom or usage in trade is to ascertain and explain the meaning and intention of the parties to a contract, whether written or in parol, which could not be

It appears to us clear upon principle, as well as upon the obvious import of the provisions of the various acts of Congress on this subject, that the duties due upon all goods impo

The court thinks this case too plain to admit of argument, or to require deliberation. It is not within even the letter of the law, and it is certainly not within its spirit. The l

the fundamental purpose of these cy pres provisions is to allow the court to carry out the general charitable intent of the testator where this intent might otherwise be thwarted b

one which is published four or more days per week, which is in the English language and which is circulated generally in the community of publication.