Definitions from Case Law

an objection which is ample and timely to bring the alleged federal error to the attention of the trial court and enable it to take appropriate corrective action is sufficient to s

The term 'adequate or reasonable facilities' is not in its nature capable of exact definition. It is a relative expression, and has to be considered as calling for such facilities

No particular form of words or phrases is essential, but only that the claim of invalidity and the ground therefor be brought to the attention of the state court with fair precisio

the adequate protection to which the statute refers is 'for the realization of the value of the interests, claims or liens' affected

it is not enough that there is a remedy at law; it must be plain and adequate, or in other words, as practical and efficient to the ends of justice, and its prompt administration,

members of a class not present as parties to the litigation may be bound by the judgment where they are in fact adequately represented by parties who are present, or where they act

The requirement of the Rule is satisfied if the applicant shows that representation of his interest 'may be' inadequate; and the burden of making that showing should be treated as

a litigant's procedural defaults in state proceedings do not prevent vindication of his federal rights unless the State's insistence on compliance with its procedural rule serves a

having a "continuous surface connection" between the wetland and its neighboring creek, "ante," at 742.

lands in proximity, contiguous to, or near to the road.

touching or contiguous, as distinguished from lying near to or adjacent"); see also Black's Law Dictionary 38–39 (5th ed. 1979) (same); Webster's Third 26–27 (similar).

The determinative question in reference to an 'adjournment' is not whether it is a final adjournment of Congress or an interim adjournment, such as an adjournment of the first sess

the entry of an adjudication vests title in the trustee, and this is the act of the court, not of the petitioner

An adjudication in bankruptcy, until followed by the appointment of a trustee, does not divest the bankrupt's title to a cause of action against a third person or prevent him from

Undoubtedly, as in all other judicial proceedings, an adjudication refusing a discharge in bankruptcy, finally determines, for all time and in all courts, as between those parties

the limitation to hearings 'required by statute' in § 5 of the Administrative Procedure Act exempts from that section's application only those hearings which administrative agencie

tariffs, as Algonquin held, so too the phrase "regulate .

the direct application of a controlled substance to the body of a patient.

The grant of a temporary administration, as during the minority of an executor, is ad usum et commodum executoris. . . . The appointment of an administrator, during the absence of

The theory of our system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of p

These administrations were independent of each other; the respective administrators represented Meek, the deceased intestate, by an authority coextensive only with the State where

state and local sources in Category 1, see 528 F. 3d, at 303, it becomes even harder to see why the term would not do the same in Category 2.

state and local sources in Category 1, see 528 F. 3d, at 303, it becomes even harder to see why the term would not do the same in Category 2.

the order of dismissal is not a judgment. It was an administrative act. And, unlike such administrative acts as a patent or the approval of a list of lands pursuant to a duty impos

When the Board exercises the discretion given to it by Congress, it must 'disclose the basis of its order' and 'give clear indication that it has exercised the discretion with whic

The decision in 1919 was not a judgment pronounced in a judicial proceeding, but a ruling made by an executive officer in the exertion of administrative authority. That authority w

the true line of demarcation is whether as a result of the transaction 'all authority or control' over the lands has passed from 'the Executive Department,' or whether the Governme

Dissemination of ideas depends upon the approval of the distributor by the official. This is administrative censorship in an extreme form. It abridges the freedom of religion, of t

in the interpretation of a doubtful or ambiguous statute the long-continued and uniform practice of the authorities charged with its administration is entitled to great weight, and

The decision of the Court of Appeals under section 9 of the act of 1905 is not a judicial judgment. It is a mere administrative decision. It is merely an instruction to the Commiss

administrative entry, without consent, upon the portions of commercial premises which are not open to the public may only be compelled through prosecution or physical force within

the actual, "necessary costs and expenses of preserving the estate "including .

the finality provision of the 1952 Act in regard to exclusion refers only to administrative finality

That order was administrative in character. It determined no rights and prescribed no duties of the appellant as an ocean carrier. It demanded the filing of data. No notice or hear

An agency may not finally decide the limits of its statutory power. That is a judicial function.

the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation

it is sufficient if the inquiry is within the authority of the agency, the demand is not too indefinite and the information sought is reasonably relevant

a denial of a written claim in accordance with rules or regulations prescribed by the Administrator, War Shipping Administration.

The vice of the regulation, therefore, is that it assumes to convert what in the view of the statute is a question of fact requiring proof into a conclusive presumption which dispe

The power of an administrative officer or board to administer a federal statute and to prescribe rules and regulations to that end is not the power to make law, for no such power c

rehearings were not matters of right, but were pleas to discretion. And likewise it has been considered that the discretion to be invoked was that of the body making the order, and

in this context that any subpoena issued under the auspices of the SEC must come within the purview of a Formal Order of Investigation, see n. 1, supra.

the Administrator of EPA.

By the common law his duties are confined to the personal estate, unadministered by his predecessor. Whatever authority he may possess as to the real estate must be derived from th

The instant the plaintiff recovered the judgment, it became a debt due her, on record, and was assets in her hands, for which it was not necessary for her to declare as administrat

The admiralty is the only court where such a question can be tried; for what other court, but a court of admiralty, has jurisdiction to try a question of salvage?

consistently interpreted as adopting for the United States the system of admiralty and maritime law, as it had been developed in the admiralty courts of England and the Colonies, a

It is a mistake, to consider the use of this process in the admiralty as borrowed from, or in imitation of, the foreign attachment under the custom of London. Its origin is to be f

the admiralty rule in this country ... [is] that the division of damages extends to what one of the parties pays to the owners of cargo on board the other. ... The right to the div

Admiralty courts have complete jurisdiction over suits of a maritime nature between foreigners. Nevertheless, 'the question is one of discretion in every case, and the court will n

In admiralty proceedings, a libel in the nature of an information, does not require all the formality and technical precision of an indictment at common law. If the allegations are

In admiralty, the party entitled to relief should always be made libellant; and the practice of instituting a suit in the name of one person for the benefit of another, to whom the

From the 12th and 15th Rich. 2d. the Admiralty has had jurisdiction on all waters out of the body of the county... A road, haven, or even river, not within the body of the county,

That jurisdiction in cases of tort depends upon the locality of the injury. It does not extend to injuries caused by a vessel to persons or property on the land. Where the cause of

The court considers the law as completely settled by the case of the Vengeance. A distinction has been attempted to be drawn between this case and that, but the court can see no di

The jurisdiction of admiralty over such a cause of action depends, not on the place where the injury is inflicted...but on the nature of the seaman's service, his status as a membe

It has been repeatedly decided in the admiralty and common law courts in England, that the former have no jurisdiction in questions of property between a mortgagee and the owner. N

The jurisdiction of courts of admiralty, in matters of contract, depends upon the nature and character of the contract; but in torts, it depends entirely on locality. ... The juris

As the fund is in the custody of the admiralty, the application must necessarily be made to that court by any person setting up an interest in it. This application by petition is f

Uniformity is required only when the essential features of an exclusive federal jurisdiction are involved.

In the trial of all cases of seizure, on land, the Court sits as a Court of common law. In cases of seizure made on waters navigable by vessels of ten tons burthen and upwards, the

it is not essential to the admissibility of a confession that it should appear that the person was warned that what he said would be used against him, but, on the contrary, if the

the lawful entry of the alien into the United States after inspection and authorization by an immigration officer." §1101(a)(13)(A).

where an answer which is put in issue, admits a fact, and insists upon a distinct fact by way of avoidance, the fact admitted is established, but the fact insisted upon must be pro

an alien who seeks admission to this country may not do so under any claim of right. Admission of aliens to the United States is a privilege granted by the sovereign United States

Admissions of crime, like admissions against proprietary interests, carry their own indicia of credibility sufficient at least to support a finding of probable cause to search. Tha

We think that an accused's admissions of essential facts or elements of the crime, subsequent to the crime, are of the same character as confessions and that corroboration should b

Where the inconsistent statement was made prior to the crime this danger [of errors in convictions based upon untrue confessions alone] does not exist. They contain none of the inh

The circumstance of his having been stricken off the roll of counsellors of the district court of the northern district of New York, by the order of the judge of that court for a c

with respect to " an alien, " the lawful entry of " the alien " into the United States" (emphasis added)); § 1101(a)(33) ("The term 'residence' means the place of general abode; th

The principal must, therefore, when informed, reject within a reasonable time, or be deemed to adopt by acquiescence. The rule is said to be a 'stringent one upon the principal in

anyone may seize any property for a forfeiture to the Government, and that if the Government adopts the act and proceeds to enforce the forfeiture by legal process, this is of no l

Ad questionem facti non respondent judices, ad questionem juris non respondent juratores.

to make impure by the admixture of other, or baser, or foreign ingredients; to render counter *268 feit.

A food shall be deemed to be adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or if it has been

there must be something in the manufacture or manipulation of the butter causing the absorption of abnormal quantities of water, milk or cream. This must result from the use of som

The term 'adulterated milk,' when so used, means: 1. Milk containing more than 88 per centum of water or fluids. 2. Milk containing less than 12 per centum of milk solids. 3. Milk

It is not required that the article of food containing added poisonous or other added deleterious ingredients must affect the public health, and it is not incumbent upon the govern

a commercial establishment where films "are regularly shown" that depict specified sexual activities or specified anatomical areas.

not regarded primarily as a form of personal taxation but rather as a tax against the property as a thing; its procedures are more nearly analogous to procedures in rem than to tho

Ad valorem taxes depend upon a determination of value.

Such payments are made to the recipient as a return upon his capital investment in the oil or gas in place.

the term 'advances' should be construed as covering the entire process of lending, the debts which result therefrom and the mortgages given as security; whoever pays the documentar

advantage as against the United States, it would be a useless addition, as no advantage could be given our competitor or opponent in that sense without injury to us.

all of those cases have involved points of time at or after the initiation of adversary judicial criminal proceedings—whether by way of formal charge, preliminary hearing, indictme

Every proceeding is adversary, in substance, if it may result in an order in favor of one carrier as against another.

a contested matter of right, involving some fair doubt and reasonable room for controversy, in matters either of fact or law; an actual claim may be adverse and substantial even th

So far then from being received in trust, it was expressly received under a peremptory denial of any trust or right in the opposite party. Nor was the statute meant to make the adv

Equity tolerates in bankruptcy trustees no interest adverse to the trust. This is not because such interests are always corrupt but because they are always corrupting. By its exclu

in adverse proceedings each party is practically a plaintiff and must show his title. ... if, in an adverse suit, 'title to the ground in controversy shall not be established by ei

an actual and visible appropriation of the land, commenced and continued under a claim of right inconsistent with and hostile to the claim of another.

That one tenant in common may oust his co-tenant and hold in severalty, is not to be questioned. But a silent possession, accompanied with no act which can amount to an ouster, or

Under the statute of limitations of Tennessee, of seventeen hundred and ninety seven, a possession of seven years is a protection only when held under a grant or under valid mesne

any commercial promotional material initiated by an exhibitor designed to bring a film to public attention or to increase the sale of tickets to exhibitions of same, whether by new

Advertising is merely identification and description, apprising of quality and place. It has no other object than to draw attention to the article to be sold, and the acquisition o

any sign that directs attention to a product, service or activity, event, person, institution or business.

any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof.

To revise or review an administrative decision, which has only the force of a recommendation to the President, would be to render an advisory opinion in its most obnoxious form—adv

It is not the abstract 'doctrine' of overthrowing organized government by unlawful means which is denounced by the statute, but the advocacy of action for the accomplishment of tha

The mere abstract teaching of Communist theory, including the teaching of the moral propriety or even moral necessity for a resort to force and violence, is not the same as prepari