Definitions from Case Law

any contract, subcontract, or order placed in furtherance of the defense or war effort: "And provided further, "That the inspection and audit authorized herein, and the determinati

the District of Columbia and any area designated by the Administrator as an area where defense activities have resulted or threaten to result in an increase in the rents for housin

This Court has uniformly professed its disposition, in cases depending on the laws of a particular State, to adopt the construction which the Courts of the State have given to thos

where any principle of law, establishing a rule of real property, has been settled in the State Courts, the same rule will be applied by this Court that would be applied by the Sta

the amount by which the tax imposed by subtitle A or B or chapter 42 or 43, exceeds the excess of "(1) the sum of "(A) the amount shown as the tax by the taxpayer upon his return,

the amount of the dividends paid by the corporation .

The formula which a legislature may adopt for determining the amount of a deficiency judgment is not fixed and invariable. That which exists at the date of the execution of the mor

to make filthy; to corrupt the purity or perfection of; to rob of chastity; to make ceremonially unclean; tarnish, dishonor.

to inflict personal punishment, and the jurisdiction of admiralty is always "in rem".

a defined area in a county, and less than a county, other than a political subdivision of a county.

that Congress intended adversary adjudications covered by the EAJA to be those "as defined by" the APA, it could just as easily mean that covered adjudications are "defined as thos

In our system, so far at least as concerns the federal powers, defining crimes and fixing penalties are legislative, not judicial, functions.

A decree or sentence may be interlocutory or final in the court which pronounces it, and receives its appellation from its determining the power of that particular court over the s

With such approval the grant became, as it was termed in the regulations, 'definitively valid,' that is, it ceased to be defeasible, and the estate was no longer liable to be dives

The first section of these regulations gives the authority to governors (gefe politico) to grant vacant lands… By the 4th section, the governor being thus informed may 'accede or n

something different in § 1341 (first enacted in 1872) than what it means in § 371 (first enacted in 1867).

it is used in connection with the words 'cheating or swindling,' indicating that it is to be construed in the manner in which those words are ordinarily used, as relating to the fr

The theory that there are three degrees of negligence, described by the terms slight, ordinary, and gross, has been introduced into the common law from some of the commentators on

the weight of authority is to the effect that a de jure officer may recover from the de facto officer the emoluments of the office, less the reasonable expenses incurred in earning

trial delay, it makes little sense for Congress to have placed a limit upon the "time consumed" in transporting a defendant rather than upon the permissible postponement of trial d

when power or jurisdiction is delegated to any public officer or tribunal over a subject-matter, and its exercise is confided to his or their discretion, the acts so done are in ge

The granting and revocation of permits is an exercise by the appellant of delegated legislative power.

any procedure by which delegates to the Convention are bound to vote for the nomination of particular candidates.

In the nature of things it was impracticable for Congress to provide general regulations for these various and varying details of management. Each reservation had its peculiar and

The true distinction is between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring authority or discretion as t

While administration and legislation are quite distinct powers, the line which separates exactly their exercise is not easy to define in words. It is best recognized in illustratio

It was competent for the legislature to lay down a general rule, and then establish an administrative tribunal with authority to fix the precise width or thickness of pillar that w

after consultation with competent counsel or otherwise, understandingly and knowingly forewent the privilege of seeking to vindicate his federal claims in the state courts, whether

If a habeas applicant, after consultation with competent counsel or otherwise, understandingly and knowingly forewent the privilege of seeking to vindicate his federal claims in th

defendants who are aware of a substantial risk that their statements are false, but intentionally avoid taking steps to confirm the statement's truth or falsity.

the committee—by failing to meet these minimal procedural standards... did not adequately apprise petitioner that an answer was required notwithstanding his objections. And without

Delinquency' is not such a classification, and a registrant is 'declared' a delinquent, not 'classified' as a delinquent.

The power under the regulations to declare a registrant 'delinquent' has no statutory standard or even guidelines. The power is exercised entirely at the discretion of the local bo

one who has violated a law of the state or an ordinance or regulation of a political subdivision thereof.

inter alia, to "disburden (a women) of the foetus"); Webster's Third New International Dictionary (1993) ("[D]elivery" means "the expulsion or extraction of a fetus and its membran

received by the purchaser or by any carrier * * * for shipment to the purchaser' during March, 1942

the line-haul carrier making ultimate delivery.

The delivery contemplated by the contract was a transfer of the property into the power and possession of the consignees. The surrender of possession by the master must be attended

A pardon is a deed, to the validity of which, delivery is essential, and delivery is not complete, without acceptance. It may then be rejected by the person to whom it is tendered;

The delivery of a deed is essential to the transfer of the title. It is the final act, without which all other formalities are ineffectual. To constitute such delivery the grantor

if a deed be delivered to a stranger, for the use of the grantee, without any condition annexed, making it an escrow, it is a delivery to the grantee.

The execution and registration of a deed, and delivery of it to the register for that purpose, does not vest the title in the grantee.

The questions whether the instrument ever became a deed; whether it was delivered as an escrow, whose completion depended on subsequent events, which never happened, or was a compl

By this proceeding—called in the language of the country the delivery of juridical possession—the land granted was separated from the public domain, and what was previously a grant

when these receipts were handed by the plaintiffs to the defendant's agent, who took them and issued a bill of lading to the plaintiffs, the constructive possession and the entire

the agriculture operation does not extend through the bulking plants but ends, as the District Court ruled, with the delivery of the tobacco at the receiving platform of the bulkin

No demand is necessary to sustain a suit against the maker. His undertaking is unconditional, but the endorser undertakes conditionally to pay, if the maker does not; and this impo

Where a note is payable at a bank, it is not necessary to make any personal demand upon the maker elsewhere. It is his duty to be at the bank within the usual hours of business to

when the bank itself is the holder, it would be impracticable for it to make such inquiry in any other manner than by ascertaining that the note was there, and examining the books

And it is the opinion of the court, that a demand of payment should be made upon the last day of grace, and notice of the default of the maker be put into the post-office early eno

a demand on the maker is, in general, indispensable; and that demand must be made at his place of abode or place of business. That it should be strictly personal, in the language o

a system by which an inferior judge is paid for his service only when he convicts the defendant has not become so embedded by custom in the general practice, either at common law o

When the matter in issue concerns only a few seconds or minutes of work beyond the scheduled working hours, such trifles may be disregarded. Split-second absurdities are not justif

To create a demise the owner of the vessel must completely and exclusively relinquish 'possession, command, and navigation' thereof to the demisee. It is therefore tantamount to, t

Charterers or freighters may become the owners for the voyage without any sale or purchase of the ship, as in cases where they hire the ship and have by the terms of the contract,

meets the burdens of going forward with the evidence and of persuasion.

demurrage is merely an allowance or compensation for the delay or detention of a vessel. It is often a matter of contract, but not necessarily so... it appears to us, that an allow

The demurrage charge is, however, a tariff provision and not a penal law, and thus, the tariff duly filed charges the shipper with the requisite notice.

All demurrage charges have a double purpose. One is to secure compensation for the use of the car and of the track which it occupies. The other is to promote car efficiency by prov

A demurrer is an objection made by one party to his opponent's pleading, alleging that he ought not to answer it, for some defect in law in the pleading. It admits the facts, and r

A demurrer to evidence is an unusual proceeding, and is allowed or denied by the Court in the exercise of a sound discretion under all the circumstances of the case. The party demu

proof to bring about a loss of citizenship must be clear and unequivocal

a burden rests on the Government to prove its charges in such cases by clear, unequivocal and convincing evidence which does not leave the issue in doubt. This burden is substantia

The denial of a writ of certiorari imports no expression of opinion upon the merits of the case

a denial of certiorari by this Court imports no expression of opinion upon the merits of a case

As applied to a criminal trial, denial of due process is the failure to observe that fundamental fairness essential to the very concept of justice. In order to declare a denial of

Mere error of a court, if any there be, in a judgment entered after a full hearing, does not constitute a denial of due process of law

The unlawful administration by state officers of a state statute fair on its face, resulting in its unequal application to those who are entitled to be treated alike, is not a deni

It has never been required that a Federal right must be denied in terms, but it has been uniformly held that it is sufficient if the state court necessarily denied it in the judgme

To deny an exemption to claimants who engage in certain forms of speech is in effect to penalize them for such speech. Its deterrent effect is the same as if the State were to fine

Removal is warranted only if it can be predicted by reference to a law of general application that the defendant will be denied or cannot enforce the specified federal rights in th

The critical words seem to us to be 'de novo' and 'issues presented.' They mean to us that the court should make an independent determination of the issues.

To depart from a port, does not mean to go out of the port. She departed from the port when she set sail to leave the port when she broke ground. This is the construction always gi

one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branch

The civil court must first decide whether the challenged actions of the general church depart substantially from prior doctrine. In reaching such a decision, the court must of nece

meaning 'any of the following individuals over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer .

Plainly the bill was dependent and ancillary and the jurisdiction to entertain it was referable to that invoked and existing in the actions at law out of which it arose.

a needy child (1) who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who i

In contracts of this description, the undertakings of the respective parties are always considered dependent, unless a contrary intention clearly appears. A different construction

no controversy can be regarded as dependent or ancillary unless it has direct relation to property or assets actually or constructively drawn into the court's possession or control

any visual or auditory depiction, including any photograph, motion-picture film, video recording, electronic image, or sound recording of conduct in which a living animal is intent

In the case of mines, a specific kind of property, the exhaustion is described as depletion, and is limited to an amount not exceeding the market value in the mine of the product m

when the execution of an oil and gas lease is followed by production of oil, the bonus and royalties paid to the lessor both involve at least some return of his capital investment

The purpose of the depletion deduction is to permit the owner of a capital interest in mineral in place to make a tax-free recovery of that depleting capital asset.

a person who has been found to be deportable by an immigration judge, or who admits his deportability upon questioning by official agents.

the moving of someone away from the United States, after his exclusion or expulsion.

It is admitted that sovereign states have inherent power to deport aliens, and seemingly that Congress is not deprived of this power by the Constitution of the United States.

the unpaid balance of money or its equivalent received by a bank in the usual course of business and for which it has given or is obligated to give credit to a commercial, checking

we direct, on our own authority, a rule to be entered for taking the depositions of infirm witnesses de bene esse; to be read in evidence upon the trial, in case of death, or inabi

at the time a customer delivers a sum of money either to the armored truck or the stationary receptacle, the bank has, for all purposes contemplated by Congress in § 36(f), receive

All the moneys received by the bank, whether for safe-keeping or for investment, are deposits within the meaning of their by-laws, and within the very words of their charter.

the expense occasioned by the using up of physical property employed as fixed capital; current maintenance, as the expense occasioned in keeping the physical property in the condit

the act of plundering; a robbing; a pillaging

To constitute a case of derelict, the abandonment must have been final, without hope of recovery, or intention to return. If the crew have left the ship temporarily, with intention

A derivative action is a suit by a shareholder to enforce a corporate cause of action. The corporation is a necessary party to the suit. And the relief which is granted is a judgme

The children of persons who have been duly naturalized under any law of the United States ... being under the age of twenty-one years at the time of the naturalization of their par

jurisdiction of the federal court on removal is, in a limited sense, a derivative jurisdiction. Where the state court lacks jurisdiction of the subject matter or of the parties, th

expressed" or "set forth" in-which, he says, requires the state offense to include each one of the federal law's elements.

if the line on the north described by the local officers, not only by saying it bordered on the south boundary of the bakehouse lot, but by specifying where that boundary was, by s

It is enough if the description is such that the officer with a search warrant can, with reasonable effort ascertain and identify the place intended.