Definitions from Case Law

The rule is well settled, that to avoid the statute, a party must show himself to be within its exception.

the amount by which, in any year, the taxpayer's "net long-term capital gain exceeds the net short-term capital loss." The Government takes the straightforward position that "exces

the taking of more land than is needed to be occupied by the improvement directly in contemplation

Bail set at a figure higher than an amount reasonably calculated to fulfill this purpose is 'excessive' under the Eighth Amendment.

the portion of the profits derived from contracts with the Departments and subcontracts which is determined in accordance with this section to be excessive.

It is manifest to common sense, that this rate of speed, under the circumstances stated, exposed these vessels to unreasonable and unnecessary peril; and we adopt the remark of the

It may be admitted that if it were true that the excess appeared as matter of law,—that if, for instance, the statute fixed a maximum and the verdict exceeded it,—a question might

A distinction must be here observed between excess of jurisdiction and the clear absence of all jurisdiction over the subject-matter. Where there is clearly no jurisdiction over th

pay in excess of the inspector's annual salary.

exchange', as used in § 117(d), implies reciprocal transfers of capital assets, not a single transfer to compensate for the destruction of the transferee's asset.

Now the individual who uses his money and credit in buying and selling bills of exchange, and who thereby realizes a profit, may be taxed by a state in proportion to his income, as

the only relevant art is the one the foreign sovereign received in return for the plaintiff 's original artwork.

Exchange established by the State " or the Federal Government " "? Little short of an express statutory definition could justify adopting this singular reading.

A membership has a use value and a buying and selling or market value. It is bought and sold. There is a lien upon it for balances due members. It passes by will or descent and by

an inland imposition, sometimes upon the consumption of the commodity, and sometimes upon the retail sale; sometimes upon the manufacturer, and sometimes upon the vendor.

a state may not burden interstate commerce or tax property beyond her borders under the guise of regulating or taxing intrastate business

We think it is laid on the sale, and on that alone. It is levied as of the time of sale and is measured according to the price obtained by the sale. It is not laid on all sales, bu

It was the discrimination in the use of the cars on account of color, where slavery obtained, which was the subject of discussion at the time, and not the fact that the colored rac

preventing someone from entering the United States who is actually outside of the United States or is treated as being so.

Since the evidence illegally seized was contraband the respondent was not entitled to have it returned to him. It being his property, for purposes of the exclusionary rule, he was

The exclusion of aliens is a fundamental act of sovereignty. The right to do so stems not alone from legislative power but is inherent in the executive power to control the foreign

of resolving the dispute and that the dispute involve "fundamental" subject matter.

Wherever the District Courts of the United States have original cognizance of admiralty causes, by virtue of the act of 1789, that cognizance is exclusive, and no other court, stat

common law remedies are not appropriate nor competent to enforce a maritime lien by a proceeding in rem, and consequently that the jurisdiction conferred upon the District Courts,

The National Labor Relations Act makes it the duty of the employer to bargain collectively with the chosen representatives of his employees. The obligation being exclusive, it exac

even though a contract is found to be an exclusive-dealing arrangement, it does not violate the section unless the court believes it probable that performance of the contract will

Where the equity jurisdiction is exclusive and is not exercised in aid or support of a legal right, state statutes of limitations barring actions at law are inapplicable, and in th

We can hardly say, therefore, from the weight of authority, that an exclusive grant of a ferry franchise, without more, would prevent a legislature from granting the right to build

The exclusive right set up must be clearly expressed or necessarily inferred, and the court think, that neither the one nor the other is found in the grant of the plaintiff, nor in

a transfer of exclusive jurisdiction rests upon a grant by the state, it follows, in accordance with familiar principles applicable to grants, that the grant may be accepted or dec

the bankruptcy court has exclusive jurisdiction to deal with the property of the bankrupt estate. When this jurisdiction has attached, the court's possession cannot be affected by

where a court of competent jurisdiction has, through its officers, taken property into its possession, the property is thereby withdrawn from the jurisdiction of other courts. Havi

exclusive legislation' is consistent only with exclusive jurisdiction; where lands are purchased by the United States with the consent of the state Legislature for purposes named i

Exclusive legislative power is in essence complete sovereignty. That is, not only is the federal property immune from taxation because of the supremacy of the Federal Government bu

the presence of a single non-educational purpose, if substantial in nature, will destroy the exemption regardless of the number or importance of truly educational purposes

this section contains only penal sanctions for violation of its provisions; in the absence of a clear expression of congressional intent to the contrary, these sanctions should und

A grant of exclusive recognition to a minority union constitutes unlawful support in violation of that section, because the union so favored is given 'a marked advantage over any o

where there is a compensation statute that reasonably and fairly covers a particular group of workers, it presumably is the exclusive remedy to protect that group

where a statute creates a liability and provides a remedy by suit specially adapted to its enforcement, other less appropriate common-law remedies are impliedly excluded

The question of exclusive territorial jurisdiction is distinct. That question assumes the absence of any interference with the exercise of the functions of the Federal Government a

exculpatory statements, however, may not differ from other admissions of incriminating facts. Given when the accused is under suspicion, they become questionable just as testimony

where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there he shall be excused.

suit by the owner of a tow against her tug to recover for an injury to the tow caused by negligence on the part of the tug is a suit ex delicto and not ex contractu

The principle to be extracted from all the cases is, that the law will not lend its support to a claim founded upon its violation.

It is clear, from the face of this deed, that it is an executed marriage settlement, and that it must be expounded on legal principles applicable to other deeds. Limitations, eithe

An execution is the fruit and end of the suit, and is very aptly called the life of the law. The suit does not terminate with the judgment; and all proceedings on the execution, ar

An execution levied on land, is begun to be executed, and is an election of the remedy by sale of it; and the mere delay of the sale, if not fraudulent, injures no one and cannot p

There is, however, an obvious and material distinction between a levy on household furniture, and on merchandize, or goods for sale. In the former case, the Court has never allowed

The signing of a Deed is now the material part of the execution; the seal has become a mere form, and a written, or ink seal, as it is called, is good. Any Deed under seal, when pr

If upon the affirmance no allowance of interest or damages is made, it is equivalent to a denial of any interest or damages; and the circuit court, in carrying into effect the decr

an Executive department, a Government corporation, [or] an independent establishment." §105.

Executive clemency exists to afford relief from undue harshness or evident mistake in the operation or enforcement of the criminal law. To afford a remedy, it has always been thoug

The ultimate determination of the affairs of a corporation rests with its stockholders, and arises from their power to choose the governing board of directors. Unless otherwise pro

each of 15 Cabinet-level Departments, including "[t]he Department of Defense," §101; a " 'Government corporation' means a corporation owned or controlled by the Government of the U

The orders were effective to withdraw from sale the lands affected and to grant the use of the lands to the petitioner. But the interest which the Indians received was subject to t

There is no executive discretion to surrender him to a foreign government, unless that discretion is granted by law. It necessarily follows that as the legal authority does not exi

The appointment of an executor vests the whole personal estate in the person so appointed. He holds as trustee for the purposes of the will, but he holds the legal title in all the

It has been decided in this Court that letters testamentary give to the executor no authority to sue for the personal estate of the testator out of the jurisdiction of the power by

when an executor sues in respect of a cause of action which occurred in the lifetime of the deceased, he must declare in the detinet, that is, in his representative capacity only.

In the Court of Chancery, executors and administrators are considered as trustees, and that court exercises original jurisdiction over them, in favor of creditors, legatees, and he

The whole of the personal estate of the testator devolves upon the executor; and it is his duty to apply it, in the first place, to the payment of the debts of the deceased; and he

It is obvious that the debt due from Yeaton, the defendant, to Young, for which Wise was surety, has been paid out of the estate of Wise. Consequently, that estate has an unquestio

At common law, and no Wisconsin statute is cited to modify the rule, an executor has full power, without any special provision of the will that he is administering or order of cour

whatever property or money is recovered or received by the executor or administrator, after the death of his testator or intestate in virtue of his representative character, he hol

In all such cases the executors represent the residuary legatees, and guard their interests. It is a part of that duty which requires them to protect the interests of the estate. I

The parties to a contract which is wholly executory have a right to the maintenance of the contractual relations up to the time for performance, as well as to a performance of the

contracts for the sale of land transfer to the purchaser the equity in the land. That equity is realty. It was owned by the vendee. The United States retains only a legal title as

An executory devise is such a disposition of real property by will that no estate vests thereby at the death of the devisor, but only on a future contingency. It differs from a rem

This was a good executory devise, depending on the contingency of his becoming a citizen of the United States or otherwise qualified to hold real estate. This contingency was not t

When a trespass is committed in a wanton, rude, and aggravated manner, indicating malice or a desire to injure, a jury ought to be liberal in compensating the party injured, in all

We think it clear, that by the common law as held for a long period, an exemplification of a public grant under the great seal, is admissible in evidence, as being record proof of

relief from a duty or service.

Exemption from taxation is never to be presumed. The legislature itself cannot be held to have intended to surrender the taxing power, unless its intention to do so has been declar

The principle of exemption is, that the States cannot control the national government within the sphere of its constitutional powers—for there it is supreme—and cannot tax its obli

The exemption of the United States from suit does not protect its officers from personal liability to persons whose rights of property they have wrongfully invaded... [T]heir acts

Exemptions from taxation do not rest upon implication.

all levies, seizures, and liens obtained by legal proceedings within the four months, that may or do interfere with that possession, are annulled, not only for the purpose of preve

Convinced, as we are, that the purpose and effect of this 'License Notice' of plaintiff, considered as a part of its scheme for marketing its product, is not to secure to the plain

The basic purpose of the exhaustion doctrine is to allow an administrative agency to perform functions within its special competence—to make a factual record, to apply its expertis

The general rule is that one aggrieved by the rulings of such an administrative tribunal may not complain that the Constitution of the United States has been violated if he has not

Arbitrators exhaust their power when they make a final determination on the matters submitted to them. They have no power after having made an award to alter it; the authority conf

where the complaint or grievance does not concern an internal union matter, but touches a part of the public domain covered by the Act, failure to resort to any intra-union grievan

habeas corpus petitions from military prisoners should not be entertained by federal civilian courts until all available remedies within the military court system have been invoked

by the authorized sales of the fuel by refiners to jobbers the patent monopoly over it is exhausted, and after the sale neither appellant nor the refiners may longer rely on the pa

Such a principle of judicial administration is in no sense a suspension of the writ of habeas corpus. It is merely a deferment of resort to the writ until other corrective procedur

the requirement that state remedies be exhausted is not a fundamental principle of substantive law but merely a requirement of convenience or comity.

the exhaustion requirement was regarded by Congress as critical to the statute's objective of fostering union self-government. By channeling members through the internal appellate

when a union member is aware of the facts supporting an alleged election violation, the member must, in some discernible fashion, indicate to his union his dissatisfaction with tho

to project a film at any motion picture theatre or other public place within the City of Dallas to which tickets are sold for admission.

any person, firm or corporation which exhibits a film.

only in 'a few specifically established and well-delineated' situations may a warrantless search of a dwelling withstand constitutional scrutiny, even though the authorities have p

There is a place in our jurisprudence for ex parte issuance, without notice, of temporary restraining orders of short duration; but there is no place within the area of basic freed

Expatriation is the voluntary renunciation or abandonment of nationality and allegiance.

this is the case of a person who, in this court, is considered as an expectant heir; and that it is incumbent upon those who have dealt with an expectant heir, relative to his reve

Expectations or hopes of succession, whether testate or intestate, to the property of a living person, do not vest until the death of that person.

a march or voyage with martial or hostile intentions.

— "(i) an expenditure made by a candidate using personal funds; and "(ii) a contribution or loan made by a candidate using personal funds or a loan secured using such funds to the

The evil at which Congress has struck in § 313 is the use of corporation or union funds to influence the public at large to vote for a particular candidate or a particular party.

attorney's fees); Casey, 499 U. S., at 99 (suggesting that an explicit reference to "expert witness fees" or "litigation expenses" could shift expert fees in addi- tion to attorney

expenses of expert witnesses; the reasonable costs of any study, report, test, or project which is found to be necessary for the preparation of the parents' or guardian's due proce