Definitions from Case Law

The exaction of a tax as a condition to the exercise of the great liberties guaranteed by the First Amendment is as obnoxious as the imposition of a censorship or a previous restra

all aircraft fully equipped ready for flight used in air commerce.

The grant was in the nature of a float until this line was permanently fixed.

it was left to the petitioner to have a survey made of the land in the district referred to by the concession, by the surveyor-general of the province, in due form, on the ground,

The settled doctrine in respect to these Florida grants is, that grants for lands, embracing a wide extent of country, or within a large area of natural or artificial boundaries, a

All the grants of lands, made by the lawful authorities of the king of Spain, before the 24th of January 1818, were, by the treaty, ratified and confirmed to the owners of the land

a legislative district which includes within its boundaries several separate districts or political subdivisions which independently would not be entitled to additional representat

Fetsam, flotsam and ligan, are not matters of revenue, and are cognizable in the Admiralty; but wreck is determinable by the Common Law.

Federal jurisdiction was to follow the flow of electric energy, an engineering and scientific, rather than a legalistic or governmental, test

that a *Briefs of amici curiae urging reversal were fled for the State of Okla- homa et al.

the contract was for a sale f. o. b. cars Philadelphia-and the buyer was not to acquire any interest in the sugar, legal or equitable, until so delivered

something different than the word "to" and that it includes not only situations in which private parties must keep records available for use and review by an agency, but also requi

exactly the same thing as for a less sum of money than one dollar.

liberty to touch for the purpose of taking on board part of the goods insured Violet v. Allnutt, 2 "Taunt." 416.

the average invested capital for the year, as defined and limited in this title, averaged monthly.

The statute expresses a necessary policy when it forbids in universal terms refunding in any manner any portion of the rates specified in the published tariffs, or extending to 'an

Such are the taxes already noted which are aimed at or discriminate against the commerce or impose a levy for the privilege of doing it, or tax interstate transportation or communi

removal only for "events that have occurred while [the officer is] in office." 804 F. Supp.

[p]ower, violence, or pressure directed against a person or thing," Black's Law Dictionary 656 (7th ed. 1999), or "unlawful violence threatened or committed against persons or prop

a merger plan foisted upon one of the parties by the Commission, as distinguished from a merger voluntarily initiated by the participating carriers.

This proceeding has no relation to the rights of property of the parties. It turns entirely on the facts of lawful possession by the plaintiff and unlawful entry by the defendant.

coercing avowal of a belief not entertained.

The words 'for collection' evidently had a meaning. That meaning was intended to limit the effect which would have been given to the indorsement without them, and warned the party

the qualifying clause of § 3 is satisfied by proof that competition has been foreclosed in a substantial share of the line of commerce affected.

Every grant of administration is strictly confined in its authority and operation to the limits of the territory of the government which grants it; and does not, de jure, extend to

Craig, by virtue of the foreign attachment, was entitled to all the property belonging to Banks in Forde's hands, beyond what was necessary to satisfy the judgment for which Forde

As the bankrupt law of a foreign country is incapable of operating a legal transfer of property in the United States, the remaining two thirds of the fund are liable to the attachi

a bill of exchange drawn in one of the states of this union, on a person in another, is a foreign bill, and to be treated as such; and that in this respect they are to be considere

The object of drawing a foreign bill in sets is for the convenience of the payee, or other holder, to enable him to forward the same for acceptance by different conveyances, and th

any governmental authority, not that of the United States or any part or possession thereof, having power to impose such taxes, and it therefore includes a self-governing colony, s

The Act is an enabling Act, and applies to those only who could not take without it. It enables a foreigner to take 'in the same manner as if he was a citizen.' This language is en

All rights to personal property are admitted to be regulated by the laws of the country in which the testator lived; but the suits for those rights must be governed by the laws of

It appears to be settled in this country, that the sentence of a competent Court, proceeding in rem, is conclusive with respect to the thing itself, and operates as an absolute cha

however definitive a sentence of a foreign court may be, as between the parties to the suit, it cannot bind third persons.

That countries foreign to our own disregard a judgment merely against the person, where he has not been served with process nor had a day in court, is the familiar rule; national c

Foreign laws are well understood to be facts which must, like other facts, be proved to exist before they can be received in a court of justice. The principle that the best testimo

Ports of States, other than those of the State where the vessel belongs, are for that purpose considered as foreign ports

the government of a foreign country, a political party of a foreign country, a person domiciled abroad, or any foreign business, partnership, association, corporation, or political

Upon the whole, I am clearly of opinion, that the sentence of the court of admiralty at Barbadoes, condemning the brig Fame and her cargo as prize, on account of an attempt to brea

The seizure of an American vessel within the territorial jurisdiction of a foreign power, is certainly an offence against that power, which must be adjusted between the two governm

an "agency or instrumentality of a foreign state.

As to suits brought by a foreign State, we think that the States of the Union retain the same immunity that they enjoy with respect to suits by individuals whether citizens of the

any organization directed, dominated or controlled directly or indirectly by a foreign government which engages in or advocates, abets, advises, or teaches, or a purpose of which i

Foreign it certainly is not, if by such appellation is understood a bill drawn upon country under a totally distinct and independent sovereignty and allegiance. Inland it is not, i

a person claiming under a will proved in one State, cannot intermeddle with, or sue for, the effects of a testator in another State, unless the will be proved in that other State,

a penalty; it has no necessary or natural connection with the measure or degree of injury which may result from a breach of contract, or from an imperfect performance.

The same course of decision which has established that property of a subject or citizen taken trading with the enemy is forfeited, has decided also that it is forfeited as prize. T

The object of the prosecution against the Burdett is to enforce a forfeiture of the vessel, and all that pertains to it, for a violation of a revenue law. This prosecution then is

a bond executed to the Government in a specified penal sum prescribed by statute and intended as a fixed penalty imposed for a breach of a statutory duty, which is forfeited in its

the practice has been, and so this Court understand the law to be, that the proceeding in rem stands independent of, and wholly unaffected by any criminal proceeding in personam...

Forfeiture of the corporate franchises might be declared where there is either wilful misuse or wilful nonuse of the franchise or franchises, which are of the essence of the contra

The general rule that the neutral carrier of enemy's property is entitled to his freight, is now too firmly established to admit of discussion. But to this rule there are many exce

no one could take advantage of its nonperformance except the grantor or his heirs, or the successors of the grantor, if the grant proceeded from an artificial person, and that unle

The term forfeiture imports a penalty; it has no necessary or natural connection with the measure or degree of injury which may result from a breach of contract, or from an imperfe

In all forfeitures accruing at common law, nothing vests in the government until some legal step shall be taken for the assertion of its right; after which, for many purposes, the

Forfeiture under section 26 of title 2 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary ther

As against the true owner, a right of property cannot be acquired by means of a forged written instrument relating to such property. This is the general rule. An exception to the r

Forgery at common law denotes a false making (which includes every alternation of or addition to a true instrument), a making malo animo, of any written instrument for the purpose

that such consent shall be granted if found to be in the minor's best interests.

It has been repeatedly decided by this court, that formal parties, or nominal parties, or parties without interest, united with the real parties to the litigation, cannot oust the

Sections 556 and 557 need be applied 'only where the agency statute, in addition to providing a hearing, prescribes explicitly that it be "on the record

Whether or not, under the circumstances, it was a necessary formality to dismiss the jury in order to enable the accused to be again arraigned and plead, the action taken was clear

There is no particular form or ceremony necessary in the dedication of land to public use. All that is required is the assent of the owner of the land, and the fact of its being us

The mere form of the proceeding instituted against the owner, even if he be admitted to defend, cannot convert the process used into due process of law, if the necessary result be

any request or demand, whether under contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient if the United States Government provide

The addition of 'otherwise' [to the Federal Kidnaping Act] was intended to make clear that a nonpecuniary motive did not preclude prosecution under the statute. Congress designed t

Generally a gift is the antithesis of such production or collection because it reduces the donor's resources whether income producing or not.

The federal mail fraud statute does not purport to reach all frauds, but only those limited instances in which the use of the mails is a part of the execution of the fraud, leaving

The federal mail fraud statute does not purport to reach all frauds, but only those limited instances in which the use of the mails is a part of the execution of the fraud, leaving

in wartime many losses must be attributed solely to the fortunes of war, and not to the sovereign. No rigid rules can be laid down to distinguish compensable losses from noncompens

it should be incumbent on the party seeking to escape his contract to show that trial in the contractual forum will be so gravely difficult and inconvenient that he will for all pr

The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even when jurisdiction is authorized by the letter of a general venue statu

such clauses are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances

A state in defining the limits of adherence to precedent may make a choice for itself between the principle of forward operation and that of relation backward. It may say that deci

a child welfare service which provides substitute family care for a planned period for a child when his own family cannot care for him for a temporary or extended period, and when

a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing homes of this t

found' in the venue sense does not necessarily mean physical presence

The foundation of jurisdiction is physical power, although in civilized times it is not necessary to maintain that power throughout proceedings properly begun, and although submiss

The intention of the testator as to the limitations of an estate devised can be judged and decided only from his own language as contained within the 'four corners' of his will. Pa

Blackstone, in his Commentaries (book 2, ch. 30, pp. 195 to 199), tells us of four several degrees requisite to form a complete title to lands;—1st. The lowest and most imperfect d

In corporations four elements of taxable value are sometimes found: 1, franchises; 2, capital stock in the hands of the corporation; 3, corporate property; and, 4, shares of the ca

There are four possibilities under which a collision may occur: First. It may happen without blame being imputable to either party; as when the loss is occasioned by a storm, or an

the prohibitions of the Fourteenth Amendment have reference to State action exclusively, and not to any action of private individuals. It is State action of a particular character

an express constitutional definition of citizenship... restricted to the combination of three factors, each and all significant: birth in the United States, naturalization in the U

The Fourth Amendment forbids every search that is unreasonable and is construed liberally to safeguard the right of privacy. Its protection extends to offenders as well as to the l

The restrictions upon searches and seizures were obviously designed for protection against official invasion of privacy and the security of property. They are not exclusionary prov

The overriding function of the Fourth Amendment is to protect personal privacy and dignity against unwarranted intrusion by the State

The point of the Fourth Amendment... is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in r

capacity to claim the protection of the Amendment depends not upon a property right in the invaded place but upon whether the area was one in which there was a reasonable expectati

This special privilege, conferred on the corporation by the sovereign power, of obstructing the navigation, did not belong to the country generally by common right, and is therefor

term contracts for the licensing of films

while franchises to be are not transferable without express authority, there are other franchises to have, to hold, and to use, which are contractual and proprietary in their natur

It is not a direct tax upon the allocated income of the corporation in a given year, but a tax for the privilege of doing business in one year measured by the allocated income accr

It is settled that where by way of duties laid on the transportation of the subjects of interstate commerce, or on the receipts derived therefrom, or on the occupation or business

the act of embezzlement, which is the fraudulent appropriation to one's own use of the money or goods entrusted to one's care by another.

In equity, as at law, fraud and injury must concur to furnish ground for judicial action; a mere fraudulent intent, unaccompanied by any injurious act, is not the subject of judici

That fraud is cognizable in a court of law, as well as in a court of equity, is a well established principle.

acts which, though not fraudulently intended, yet as their tendency is to defraud creditors, if they vest the property of the debtor in his grantee, they are void for legal fraud,

Fraud is not presumed, and one who bases a right or defense upon it should allege and prove it.

They stand upon widely different principles from those where the objectionable items are fictitious, and inserted in the bond with the intent to defraud third persons. The entire s