Definitions from Case Law
U.S. Supreme Court case-identified definitions — browse every term in this dictionary, A–Z.
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The statute is to be interpreted according to its plain language as prohibiting any false assumption or pretense of office or employment under the authority of the United States, o
where the oath is taken before a state or national magistrate, authorized to administer oaths, in pursuance of any regulations prescribed by the treasury department, or in conformi
The principle that a State may not knowingly use false evidence, including false testimony, to obtain a tainted conviction, implicit in any concept of ordered liberty, does not cea
- Familydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
a number of individuals related to the nominal head of the household or to the spouse of the nominal head of the household living as a single housekeeping unit in a single dwelling
a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent or a person living in the official's household and related to him by blood
We do not regard the words 'The American Girl,' adopted and employed by complainant in connection with shoes of its manufacture, as being a geographical or descriptive term. It doe
- farmerdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
any individual who is personally bona fide engaged primarily in farming operations or the principal part of whose income is derived from farming operations, and includes the person
A statute is fatally vague only when it exposes a potential actor to some risk or detriment without giving him fair warning of the nature of the proscribed conduct.
- faultdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Where fault is shown on the part of the damaging vessel, it is incumbent on her to show that such fault had in no degree the relation of cause and effect to the accident
capable of being done, executed, or effected.
the requirement that there be no 'feasible' alternative route admits of little administrative discretion. For this exemption to apply the Secretary must find that as a matter of so
any bag, case, or covering made of cotton or other textile material, and stuffed or filled with' any filler mentioned in the definition of 'mattress,' or with feathers or feather d
Congress made it an unfair labor practice 'to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of
The Act now limits its condemnation to instances where a labor organization or its agents exact pay from an employer in return for services not performed or not to be performed. Th
a practice which has as its purpose or effect requiring an employer— (A) to employ or agree to employ any person or persons in excess of the number of employees reasonably required
any department, agency, or governmental body of the United States, including any instrumentality wholly or partially owned by the United States, employing individuals in Federal ci
one as to which an independent basis for federal jurisdiction exists.
whether the water of an interstate stream must be apportioned between the two States is a question of 'federal common law' upon which neither the statutes nor the decisions of eith
All Courts created by the general Government possess no jurisdiction but what is given them by the power that creates them, and can be vested with none but what the power ceded to
The court, therefore think, that to effectuate the purposes of the legislature, the remedies in the courts of the United States, are to be, at common law or in equity, not accordin
in this connection, the period from December 28, 1917, to March 1, 1920, during which the possession, use, control, and operation of railroads and systems of transportation were ta
On all questions arising under the constitution and laws of the union, this court may exercise a revising power; and its decisions are final and obligatory on all other judicial tr
disbarment by federal courts does not automatically flow from disbarment by state courts. Of the conditions that qualify such a state court judgment, the one here relevant is that
It is settled doctrine that Federal courts must accept the construction of a state statute deliberately adopted by its highest court.
when absolutely necessary for protection of constitutional rights, courts of the United States have power to enjoin state officers from instituting criminal actions. But this may n
under the statutes regulating the jurisdiction of the circuit courts of the United States, diversity of citizenship—nothing more appearing—will not give authority to circuit courts
the courts of the United States have no jurisdiction upon the subject of divorce, or for the allowance of alimony, either as an original proceeding in chancery, or an incident of a
It cannot certainly be contended, with the least colour of plausibility, that Congress does not possess the uncontrolled power to legislate with respect both to the form and effect
They are all of limited jurisdiction; but they are not, on that account, inferior Courts, in the technical sense of those words, whose judgments, taken alone, are to be disregarded
That congress has the power to establish circuit and district courts in any and all the states, and confer on them equitable jurisdiction in cases coming within the constitution, c
The Court being of opinion that a circuit court of the United States had not jurisdiction to enjoin proceedings in a state court.
four distinct categories of electioneering: (1) voter registration activity during the 120 days preceding a regularly scheduled federal election; (2) voter identification, get-out-
But such enrolment and license confer no immunity from the operation of valid laws of a State. If a vessel of the United States, engaged in commerce between two States, be interrup
By the legislation of Congress and repeated decisions of this court it has long been settled that the remedies afforded and modes of proceeding pursued in the Federal courts, sitti
It has been held uniformly that the illegality or unconstitutionality of a state or municipal tax or imposition is not of itself a ground for equitable relief in the courts of the
The equity jurisdiction conferred on inferior courts of the United States by section 11 of the Judiciary Act of 1789, and continued by section 24 of the Judicial Code, is that of t
that is precisely what the federal estate tax hits—an exercise of the privilege of directing the course of property after a man's death
the facts found by a Federal agency as to (1) whether an individual has performed Federal civilian service for such agency during the base period specified on a Form ES—931; (2) th
There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a state whether they be local in their nature or 'general,' b
Although the circuit courts of the United States, and the several justices and judges thereof, have authority, under existing statutes, to discharge, upon habeas corpus, one held i
Neither this nor any other court of the United States, or judge thereof, can issue a habeas corpus to bring up a prisoner, who is in custody under a sentence or execution of a stat
Our power to interfere in cases of this nature is limited entirely to the question of jurisdiction. If the state court had jurisdiction to try the case, and had jurisdiction over t
A corollary to this principle is that the activities of the Federal Government are free from regulation by any state.
It was laid down by Mr. Chief Justice Marshall, speaking for this court in M'Culloch v. Maryland, that the state could not constitutionally impose taxation upon the operations of a
the appellant, in the enjoyment of the privilege, is engaged in its own behalf, not the government's, in the conduct of a private business for profit. It can no longer be thought t
The agencies of the Federal government are only exempted from State legislation, so far as that legislation may interfere with, or impair their efficiency in performing the functio
State interests in family and family-property arrangements should be overridden by the federal courts only where clear and substantial interests of the National Government, which c
The judicial power of the United States as created by the Constitution and provided for by Congress pursuant to its constitutional authority is a power wholly independent of state
the courts of the United States are bound to proceed to judgment, and to afford redress to suitors before them, in every case to which their jurisdiction extends. They cannot abdic
the substantive offense is committed in the manner therein described, that is, when a federal officer is attacked.
that individual employees wishing to assert contract grievances must "attempt" use of the contract grievance procedure agreed upon by employer and union as the mode of redress." 10
lands the title to which is in the United States after December 2, 1980.
the doctrine of that case is inapplicable to those areas of judicial decision within which the policy of the law is so dominated by the sweep of federal statutes that legal relatio
The mere possession of a federal license, however, does not immunize a ship from the operation of the normal incidents of local police power, not constituting a direct regulation o
A State may not enforce licensing requirements which, though valid in the absence of federal regulation, give 'the State's licensing board a virtual power of review over the federa
the date the plaintiff knew (or reasonably should have known) that the personal injury or property damages referred to in subsection (a)(1) of this section were caused or contribut
All navigable waters are under the control of the United States for the purpose of regulating and improving navigation, and although the title to the shore and submerged soil is in
numerous provisions that target specific criminal acts and settings, much of which would be unnecessary if (c)(2) criminalized essentially all obstructive conduct.
the office of President or Vice President of the United States; or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States.
When it comes to suits for damages for abuse of power, federal officials are usually governed by local law. Federal law, however, supplies the defense, if the conduct complained of
The Federal courts have exclusive jurisdiction of all cases arising under the patent laws, but not of all questions in which a patent may be the subject-matter of the controversy.
The power of governing and of legislating for a territory is the inevitable consequence of the right to acquire and to hold territory. Could this position be contested, the constit
the plenary power of the United States to legislate for the benefit of navigation, and to construct such works as are appropriate to that end, without liability, for remote or cons
When Congress has taken the particular subject-matter in hand, coincidence is as ineffective as opposition, and a state law is not to be declared a help because it attempts to go f
The test to be applied to the action of the state in seizing material intended solely for incorporation into a product prepared for interstate commerce is the effect of that action
if the State court gives such a construction to a State statute as to make it conflict with the Constitution or laws of the United States, and sustains its validity after giving it
The federal nature of the right to be established is decisive—not the source of the authority to establish it.' A suit does not arise under a law renouncing a defense, though the r
Where it clearly and unmistakably appears from the opinion of the state court under review that a Federal question was assumed by the highest court of the state to be in issue, was
Just as everyone is charged with knowledge of the United States Statutes at Large, Congress has provided that the appearance of rules and regulations in the Federal Register gives
In the interpretation of the words used in a federal revenue act, local law is not controlling unless the federal statute 'by express language or necessary implication, makes its o
when there is a Federal and state question in the case, and the latter is sufficient to sustain the judgment, this court will not review the judgment, and the logical course is to
When a situation is covered by one of the Federal Rules, the question facing the court is a far cry from the typical, relatively unguided Erie Choice: the court has been instructed
Liability of a railroad under the Safety Appliance Act for injuries inflicted as a result of the Act's violation follows from the unlawful use of prohibited defective equipment 'no
we must generally assume, in the absence of a plain indication to the contrary, that Congress when it enacts a statute is not making the application of the federal act dependent on
Congress having acted, the laws of the states, in so far as they cover the same field, are superseded; for necessarily that which is not supreme must yield to that which is.
Wherever the interstate and intrastate transactions of carriers are so related that the government of the one involves the control of the other, it is Congress, and not the state,
interest on obligations of the United States and its instrumentalities, but does not include interest on state or municipal obligations.
The application to the states of the rule of due process relied upon comes from the fact that their spheres of activity are enforced and protected by the Constitution, and therefor
If any person, bank, association, company, or corporation liable to pay any tax shall neglect or refuse to pay the same after demand, the amount shall be a lien in favor of the Uni
controversies necessarily involving a determination of the title, and, incidentally, of the right to the possession, of Indian allotments while the same were held in trust by the U
the several items of property, as they came into existence, would become instantly attached to and covered by the deed, and would have fed the estoppel created thereby. No other ra
the assignee of a fee-farm rent, being an estate of inheritance, is, upon the principles of the common law, entitled to sue therefor in his own name. It is an exception from the ge
By the common law the fee in the soil remains in the original owner, where a public road is established over it; but the use of the road is in the public. The owner parts with this
- feigned issuedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
If he refers any questions of fact to a jury, as he may do by a feigned issue, he is still to be satisfied in his own conscience that the finding is correct, and the decree must be
Had the injury occurred in interstate commerce, as was alleged, the Federal act undoubtedly would have been controlling, and a recovery could not have been had under the common or
the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part * * * in producing the injury * * *. It does not ma
The Act does not make the employer the insurer of the safety of his employees while they are on duty. The basis of his liability is his negligence, not the fact that injuries occur
It is clear that Congress intended to confine its action to injuries occurring when the particular service in which the employee is engaged is a part of interstate commerce. ... 'T
Whether the plaintiff was in the general employ of the defendant, or not, the service that he consented to render was the defendant's work. In rendering that, at least, he came und
the fellow-servant doctrine contemplated that an employee knew and assumed, when he accepted employment, the risks which negligence of his fellow employees might create. It was in
This rule proceeds on the theory that the employ e, in entering the service of the principal, is presumed to take upon himself the risks incident to the undertaking, among which ar
the ordinary understanding of 'scholarships' and 'fellowships' as relatively disinterested, 'no-strings' educational grants, with no requirement of any substantial quid pro quo fro
- felonydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
offenses for which the offender, on conviction, may be punished by death or imprisonment in the state prison or penitentiary; but, in the absence of such statute, the word is used
an offense that is punishable by imprisonment for more than one year under any law of the United States or of a State or foreign country that prohibits or restricts conduct relatin
- feme covertdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
she is disabled from executing or acknowledging a deed by procuration, as she cannot make a power of attorney. These disabilities exist by statute and the common law for her protec
- feme sole traderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
The law seems to be settled, that, when the wife is left without maintenance or support, by the husband, has traded as a feme sole, and has obtained credit as such, she ought to be
Fencing out' from the franchise a sector of the population because of the way they may vote is constitutionally impermissible
At common law, the right to maintain a public ferry lies in franchise; in England such a ferry could not be set up without the King's license; and, in this country, the right has b
Ferries, such as are involved in the present case, are simply means of transit from shore to shore. These have always been regarded as instruments of local convenience, which, for
The fiction of relation is, that an intermediate bona fide alienee of the incipient interest may claim that the patent inures to his benefit by an ex post facto operation, and rece