Definitions from Case Law

advice or assistance derived from scientific, technical or other specialized knowledge"); §2339B(h) (clarifying the scope of "personnel.

Experts may be examined as to the meaning of terms of art on the principle of, ' cuique in sua arte credendum ,' but not as to the construction of written instruments.

Congress meant by 'expiration date' in §8(d)(1) to encompass both situations [termination and modification], and the same phrase in §8(d)(4) must carry the same meaning. The term '

If no sentence had been pronounced, it has been long settled, on general principles, that after the expiration or repeal of a law, no penalty can be enforced, nor punishment inflic

Two acts are essential to constitute export in the legal sense, a shipment from this country to a foreign country, and the landing of the goods in such foreign country.

the act of carrying or sending merchandise abroad, and it cannot be considered as beginning until the spirits are removed from the warehouse for that purpose.

The constitutional provision that 'no tax or duty shall be laid on articles exported from any state' is designed to give immunity from taxation to property that is in the actual co

It is the entrance of the articles into the export stream that marks the start of the process of exportation. Then there is certainty that the goods are headed for their foreign de

transactions initiated, controlled, and financed by the American Government are not 'export trade' within the meaning of the Webb-Pomerene Act merely because a foreign government i

the ex post facto clause looks to the standard of punishment prescribed by a statute, rather than to the sentence actually imposed. The Constitution forbids the application of any

That provision of the Constitution, according to the natural import of its terms, is a restraint upon legislative power, and concerns the making of laws, not their construction by

one which, in relation to the offence or its consequences, alters the situation of a party to his disadvantage.

Ex post facto laws embrace only such as impose or affect penalties or forfeitures; they do not include statutes having any other operation. The term ex post facto, literally constr

always by the shortest line of communication, to all the principal cities in the South,—namely, Richmond, Charleston, Savannah, Mobile, Montgomery, New Orleans, Memphis, and other

consent voluntarily given in writing after sufficient explanation and disclosure.

The contract mentioned in the proviso, which can take a case out of the statute, is one made by the parties, not by custom; in other words, an express contract.

This maxim properly applies only when in the natural association of ideas in the mind of the reader that which is expressed is so set over by way of strong contrast to that which i

deliberate premeditation and design, formed in advance, to kill or to do bodily harm, the premeditation and design being implied from external circumstances capable of proof, such

an express trust—not one resulting by implication of law—proved, it is true, by parol, but equally efficacious for the purposes of this suit, as if in writing

There being an express warranty, that must be taken to contain the entire contract on the part of the seller.

forcing someone out of the United States who is actually within the United States or is treated as being so.

Although a railroad or steamboat company can properly refuse to transport a drunken or insane man, or one whose character is bad, they cannot expel him, after having admitted him a

We are constrained to define the term 'ex-servicemen,' for the purposes of this particular statute, as relating only to those who performed military service on full-time active dut

to widen to new cases not before within the scope of the power.

that prisoners whose rights are not violated will not obtain relief; and "least intrusive means necessary to correct the violation of the Federal right" means that no other relief

The power granted by paragraph 21 is confined to extensions within the undertaking of the carrier to serve, and cannot be extended to embrace the building of what is essentially a

in Texas titles the final 'extension of title,' as it is called, which is usually issued by a local commissioner appointed for that purpose, is regarded more as a certificate of lo

Extension plans, therefore, differ materially from straight bankruptcy, arrangements under Chapters XI and XII, and wage-earner plans by way of composition, all of which contemplat

that an "'assumption' of nonpre-emption is not triggered." "Locke, supra, "at 108 .

Under § 9(c)(5), 'the extent to which the employees have organized shall not be controlling' in determining the appropriate bargaining unit; however, 'the provision was not intende

not only what is properly called military power, but the power likewise of making war or peace, the power of engaging in alliances for an encrease of strength, .

As a result of the separation from Great Britain by the colonies, acting as a unit, the powers of external sovereignty passed from the Crown not to the colonies severally, but to t

The power of Congress in that regard is supreme. The manner, method and time of such extinguishment raise political not justiciable issues.

the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

those characterized by the use or threat of the use of violence or other criminal means in enforcement.

the surrender by one nation to another .

the proceeding before the commissioner is not to be regarded as in the nature of a final trial by which the prisoner could be convicted or acquitted of the crime charged against hi

If a warrant of arrest is issued after such determination, the warrant will be regarded as making a prima facie case in favor of the demanding state, and as requiring the removal o

The term is obviously a relative one; and it cannot be determined that the enlisted man was performing extra duty without a complete understanding of the scope of the duties which

the combination is in reality an extra-governmental agency, which prescribes rules for the regulation and restraint of interstate commerce, and provides extra-judicial tribunals fo

Though, generally, both public and private wrongs are redressed through judicial action, there are more summary extra-judicial remedies for both. An instance of extra-judicial redr

most unusual," "far from common," and "having little or no precedent," Webster's Third New International Dictionary 807, while "compelling" means "tending to convince or convert by

most unusual," "far from common," or "having little or no precedent." Webster's Third New Inter- national Dictionary 807 (1976); see 5 Oxford English Dic- tionary 614 (2d ed. 1989)

The term extraordinary is there used to distinguish an unusual risk which the vessel might be compelled to run by order of the government, from those risks which would be covered b

The traditional use of such writs both at common law and in the federal courts has been, in appropriate cases, to confine inferior courts to the exercise of their prescribed jurisd

A decree cannot operate beyond the state in which the jurisdiction is exercised. It is not in the power of one state to prescribe the mode by which real property shall be conveyed

the due process principle that a state is without power to exercise 'extra territorial jurisdiction,' that is, to regulate and control activites wholly beyond its boundaries.

Acts done outside a jurisdiction, but intended to produce and producing detrimental effects within it, justify a state in punishing the cause of the harm as if he had been present

Insolvent laws of one State cannot discharge the contracts of citizens of other States, because they have no extra-territorial operation, and consequently the tribunal sitting unde

That the court may put itself in the place of the testator, by looking into the state of his property, and the circumstances by which he was surrounded when he made the will, is no

In construing all statutes, the whole of them must be scrutinized in order to decide on the meaning of particular parts. This eviscerates the true meaning from the law itself,—ex v

building framework, bridges, transmission towers, and similar permanent structures, and are made primarily from rolled steel shapes, although plates and other rolled steel products

the phrase face value in the statute is synonymous with par value. It is used in contradistinction to the actual value which is made the measure of the tax when applied to nonpar v

Because a state statute, when enforced in a state court against a class to which the party complaining does not belong, may work a deprivation of constitutional rights, that fact d

When the Executive exercises this power negatively on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion,

The 'facilities subject to the jurisdiction of the Commission' which are reached by the abandonment provisions of § 7(b) are those facilities required for the interstate transporta

(A) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, di

such as the trader has a bare authority to sell, in the character of a factor, for the use of the principal, who employs him.

Wherever a consignment is made to a factor for sale, the consignor has a right, generally, to control the sale thereof, according to his own pleasure, from time to time, if no adva

the fact of scienter, "a mental state embracing intent to deceive, manipulate, or defraud," Ernst & Ernst v. Hochfelder, 425 U. S. 185, 194, n. 12 (1976).

The judge must determine 'that the conduct which the defendant admits constitutes the offense charged in the indictment or information or an offense included therein to which the d

conclusions or opinions that flow from a factual investigation.

lack of diligence in developing the claims.

The purchase of its capital stock by a competitor (there being no other prospective purchaser), not with a purpose to lessen competition, but to facilitate the accumulated business

That test is met only if two requirements are satisfied: (1) that the resources of International were 'so depleted and the prospect of rehabilitation so remote that it faced the gr

where fraud has occurred in obtaining or in the performance of contracts, or where there has been a failure of consideration, total or partial, or a breach of warranty, fraudulent

Where a bank closes its doors and ceases to transact business the right of creditors or of a receiver to enforce stockholders' liability matures at the time of such closing whether

Delivery must mean delivery as required by the contract, and the terms of the stipulation are comprehensive,—fully adequate in their literal and natural meaning to cover all cases

the failure to state a proper cause of action calls for a judgment on the merits and not for a dismissal for want of jurisdiction. Whether the complaint states a cause of action on

A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would ent

words of art which prior to the advent of § 77B had acquired a fixed meaning through judicial interpretations in the field of equity receivership reorganizations

The basic elements of such a hearing include the right of each party to be apprised of all the evidence upon which a factual adjudication rests, plus the right to examine, explain

At least so long as the toll is based on some fair approximation of use or privilege for use... and is neither discriminatory against interstate commerce nor excessive in compariso

fair average value of the aggregate shares of its stock and not the value of the corporate assets.

its value as determined by what it would sell for in the market for cash in the due course of business.

If the validity of the legislative classification for zoning purposes be fairly debatable, the legislative judgment must be allowed to control.

the substance of a federal habeas corpus claim must first be presented to the state courts

Where the property has no market value, its fair value on the critical date is not necessarily what might then have been realized upon it by a forced liquidation by accepting the u

The term 'fair' hardly adds anything to the phrase 'market value', which denotes what 'it fairly may be believed that a purchaser in fair market conditions would have given', or, m

There is a twofold duty laid down by the FCC's decisions: the broadcaster must give adequate coverage to public issues, and coverage must be fair in that it accurately reflects the

To avoid the constitutional vice of vagueness, it is necessary, at a minimum, that a statute give fair notice that certain conduct is proscribed.

only by granting its customers a fair opportunity to choose between higher or lower liability by paying a correspondingly greater or lesser charge can a carrier lawfully limit reco

A fair résumé is one which will permit the registrant to defend against the adverse evidence—to explain it, rebut it, or otherwise detract from its damaging force.

That the company is entitled to a fair return upon the value of the property at the time of the inquiry is the rule.

That fair share may be regarded as the value, appropriately ascertained, of tangible assets permanently or habitually employed in the taxing State, including a portion of the intan

The Miller-Tydings Amendment permits the seller of an article which bears his trade mark, brand, or name, to prescribe a minimum resale price by contract, if such contracts are law

a privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent.

it is reasonable that a fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed. To m

not true." Ante, at 414 (internal quotation marks omitted).

This phrase must be taken with its accepted legal meaning, and thus it must be found that the statement contained in the package was put there to accompany the goods with actual in

The statement of the offenses here carries with it the charge of inducing or attempting to induce the payment of a claim for money or property involving the element of deceit that

§3729-the provision at issue in this case.

an investigation conducted "for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law." §3733(l)(2) (emphasis added).

any entry on the books of the bank which is intentionally made to represent what is not true or does not exist, with the intent either to deceive its officers or to defraud the ass

The only essentials to the statutory bar, in so far as relates to the present question, are: (a) That the written statement was made for the purpose of obtaining credit; (b) that i

The use of the words false, forged, and counterfeit, in the statute, imply, therefore, when applied to any of the obligations of government mentioned, that it purports to be such a

in opposition to the truth.

the manner of making is also evident from the fifth clause of § 2314, which forbids the interstate transportation of "any tool, implement, or thing used or fitted to be used in fal

to state in a certificate that which is not true.

more than just claims containing express falsehoods.