Definitions from Case Law

Where a plaintiff has been injured by fraud and 'remains in ignorance of it without any fault or want of diligence or care on his part, the bar of the statute does not begin to run

It is a settled rule of this court, that if a party will attempt to impose upon the court by knowingly or fraudulently claiming as his own property belonging in part to others, he

Conveyances may be fraudulent because the debtor intends to put the property and its proceeds beyond the reach of his creditors; or because he intends to hinder and delay them as a

A transfer of property as security which reserves to the transferor the right to dispose of the same, or to apply the proceeds thereof, for his own uses, is, as to creditors, fraud

the mere averment that a particular defendant had been joined for the fraudulent purpose of defeating the right of removal which would otherwise exist is not in law sufficient. If

As this allegation avers new matter, not responsive to the bill, it cannot be regarded unless it be proved.

of becoming the purchaser of the property estimated as above, for the sum of nine dollars thirteen and one-half cents… Such is the history of a transaction which the appellant asks

In a fraudulent transfer the fraud is actual,—the bankrupt has secured an advantage for himself out of what in law should belong to his creditors, and not to him.

the gist of the liability is the fraud implied in selling with notice of the insolvency of the bank, and with intent to evade the double liability imposed upon the stockholder by t

Proof of fraudulent purposes is essential—an 'actual intent to deceive.' ... fraud under the mail statutes is not established merely by proving that an incorrect statement was made

It is not a case of a direct reservation of a higher interest than the law allows, since on the face of the note, only six per cent. is reserved; but the facts are calculated to pr

it is laid down as a general rule, that whatever is done in fraud of a law, is done in violation of it. That if a vessel, with an original intention to go to a foreign port, compli

a privilege to print or pray without permission and without accounting to authority for one's actions.

International union elections must be held not less often than once every five years and local union elections not less often than once every three years. Elections must be by secr

this confession was not free and voluntary but was the product of coercion and duress, that petitioner was no longer able freely to admit or to deny or to refuse to answer, and tha

special education and related services which (A) have been provided at public expense, under public supervision and direction, and without charge, (B) meet the standards of the Sta

a free and open market among both buyers and sellers for the sale and distribution of commodities.

more than freedom from handcuffs, straitjackets, or detention cells.

The matter in dispute in this case, is the freedom of the petitioners. The judgment of the court below is against their claims to freedom; the matter in dispute is, therefore, to t

freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the 'liberty' assured by the Due Process Clause of the Fourteenth Amendment, w

Freedom of choice' is not a sacred talisman; it is only a means to a constitutionally required end—the abolition of the system of segregation and its effects. If the means prove ef

This court has had frequent occasion to declare that there is no absolute freedom of contract. The exercise of the police power fixing weights and measures and standard sizes must

more than simply the right to talk and to write.

the freedom of speech and of the press which is secured by the Constitution, does not confer an absolute right to speak or publish, without responsibility, whatever one may choose,

fundamental personal rights and liberties. The phrase is not an empty one and was not lightly used. It reflects the belief of the framers of the Constitution that exercise of the r

The business of the Associated Press is not immune from regulation because it is an agency of the press. The publisher of a newspaper has no special immunity from the application o

The sea is open to all nations: No nation has an exclusive property in the sea.

Of that freedom one may say that it is the matrix, the indispensable condition, of nearly every other form of freedom.

Thus the Amendment embraces two concepts,—freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be.

The First Amendment declares that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. The Fourteenth Amendment has rendered

if the purpose or effect of a law is to impede the observance of one or all religions or is to discriminate invidiously between religions, that law is constitutionally invalid even

The constitutional inhibition of legislation on the subject of religion has a double aspect. On the one hand, it forestalls compulsion by law of the acceptance of any creed or the

un- Cite as: 589 U. S. ____ (2020) 5 Opinion of the Court tainted" or "[c]lear of (something which is regarded as objectionable)." Webster's Third New International Dictionary 905

someone with a fee or similar estate in land.

The designation 'free pass,' as applied to transportation issued or given by railroad companies to shippers and caretakers of stock, had acquired a definite and well-known meaning,

The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful m

employees who receive the benefits of union representation but are unwilling to contribute their fair share of financial support to such union

by our treaty with Spain, (treaty of 1795, art. 15.,) declaring that free ships shall make free goods, the property of an enemy on board of such a ship is just as much protected fr

free trade in the opportunity to persuade to action, not merely to describe facts.

We do not hold that 'free transfer' can have no place in a desegregation plan. But like 'freedom of choice,' if it cannot be shown that such a plan will further rather than delay c

The freezing order immobilized the assets covered by its terms so that title to them might not shift from person to person except by license until the Government could determine wh

not the thing carried, but the compensation for the carriage of it.

The forwarder thus has some of the characteristics of both carrier and shipper. In its relations with its customers, a forwarder is subjected by the Act to many of the requirements

By the capture, the captors are substituted in lieu of the original owners, and they take the property cum onere. They are, therefore, responsible for the freight which then attach

the master is entitled to freight pro rata itineris in all cases where there has been a voluntary acceptance of the goods at the port of disaster. The rate is to be ascertained by

proof of an established royalty furnishes a pretty safe guide both for the instructions of the court and the finding of the jury.

inferior" or "subordinate" (internal quotation marks omitted)); 18 Oxford English Dictionary 950 (2d ed. 1989) ("under" means, among other things, "[i]n accordance with "(some regu

This was only carrying out, in our confederate form of government, the clear right of every man at common law to make fresh suit and recapture of his own property within the realm.

there should be no 'friendly' receiverships, because the receiver is an officer of the court and should be as free from 'friendliness' to a party as should the court itself

bargained-for plans for vacation pay, pay guarantees, pensions, welfare, and holidays.

necessarily an appropriation adverse to the state, and this gives color to the Secretary's view.

the trial judge must give opportunity, however closely confined, to the accused to prove that a substantial portion of the case against him was a fruit of the poisonous tree. This

The import of the statute is that the fruit is not to be attributed to a different tree from that on which it grew.

such fruits as have required skill in preparation.

The illegality of Mitchell's detention does not retroactively change the circumstances under which he made the disclosures. These, we have seen, were not elicited through illegalit

The Court of Claims erred in failing to distinguish between an appropriation of property and the frustration of an enterprise by reason of the exercise of a superior governmental p

The test of nondeductibility always is the severity and immediacy of the frustration resulting from allowance of the deduction. Deduction of fines and penalties uniformly has been

While such an escape does not strip the case of its character as an adjudicable case or controversy, we believe it disentitles the defendant to call upon the resources of the Court

A person charged with crime against the laws of a state, and who flees from justice, that is, after committing the crime leaves the state, in whatever way or for whatever reason, a

this guarantee requires the charging party to provide some evidence at the disciplinary hearing to support the charges made

the amount that the owner would be entitled to receive as just compensation upon a taking of that property by the state or the United States in the exertion of the power of eminent

the assessed valuation as of the 1975-1976 tax year or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred af

The judgment of a state court should have the same credit, validity, and effect in every other court in the United States which it had in the state where it was pronounced, and tha

That clause compels that controversies be stilled so that where a state court has jurisdiction of the parties and subject matter, its judgment controls in other states to the same

Full freedom' to choose an agent means freedom to pass upon that agent's qualifications.

Congress, in requiring a 'full hearing,' had regard to judicial standards—not in any technical sense but with respect to those fundamental requirements of fairness which are of the

The statement should be sufficient to demonstrate that the statutory requirement of 'full investigation' has been met; and that the question has received the careful consideration

The general government has wisely made the payment of the tax claimed, whether of customs or of internal revenue, a condition precedent to a resort to the courts by the party again

when a military decision has dealt fully and fairly with an allegation raised in that application, it is not open to a federal civil court to grant the writ simply to re-evaluate t

a weapon that fires repeatedly with a single pull of the trigger.

out-of-pocket costs plus a revenue-ton and revenue ton-mile distribution of the constant costs, including deficits, that indicate the revenue necessary to a fair return on the traf

The evidence is persuasive that this form is functional—that the cost of the biscuit would be increased and its high quality lessened if some other form were substituted for the pi

Before an owner of private property can be subjected to the commands of the First and Fourteenth Amendments the privately owned property must assume to some significant degree the

A patentee may not broaden his product claims by describing the product in terms of function. The vice of a functional claim exists not only when a claim is 'wholly' functional, if

The patentee may not by claiming a patent on the result or function of a machine extend his patent to devices or mechanisms not described in the patent. An attempt to broaden produ

the State may not delegate the power, through the use of its trespass laws, wholly to exclude those members of the public wishing to exercise their First Amendment rights on the pr

A method, which may be patented irrespective of the particular form of the mechanism which may be availed of for carrying it into operation, is not to be rejected as 'functional' m

the guiding principle, violated here, is that the function of the reviewing court ends when an error of law is laid bare. At that point the matter once more goes to the Commission

the mode of action by which the trigger activates the firing mechanism.

But it is well settled that a man cannot have a patent for the function or abstract effect of a machine, but only for the machine which produces it.

the writ of error, like all other common law writs, becomes functus officio unless some return is made to it during the term of court to which it is returnable

the Presidential Election Campaign Fund established by section 9006(a).

A confession can be declared inadmissible in a state criminal trial by this Court only when the circumstances under which it is received violate those 'fundamental principles of li

a provision of the Bill of Rights which is 'fundamental and essential to a fair trial' is made obligatory upon the States by the Fourteenth Amendment

A furlough is not considered a discharge. It is a form of lay-off. An employee on furlough or on leave of absence has a continuing relationship with the employer; he retains a righ

Certainly labor is required for loading freight on railroad cars, moving these over the road, and unloading at destination. A carrier who has procured the doing of all this in resp

another tax like that one; and if the tax imposed was upon the franchise, a further one upon the same thing was all that was intended to be prohibited.

anything that furthers or helps forward.

only incremental Medicaid payments to the State, "established by the State" means not established by the State) will be cited by litigants endlessly, to the confusion of honest jur

any interest or estate whether vested or contingent, limited to commence in use, possession or enjoyment at some future date or time.

any interest or estate, whether vested or contingent, limited to commence in possession or enjoyment at a future date.

gain' simply refers to the excess of proceeds over cost or basis, and the phrase 'attributable to' merely confines consideration to that gain caused or generated by the property in

not a gain accruing to capital, nor a growth or increment of value in the investment, but a gain, a profit, something of exchangeable value proceeding from the property, severed fr

in addition to its share of investment income, 15 the "gross amount of premiums," § 809(c)(1).

the annual products or income of one's property or labor, or such gains or profits as may be realized from a business transaction begun and completed during the preceding year

but is not limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling cha

contests, physical or mental, conducted according to set rules, undertaken for amusement or recreation or for winning a stake, requiring the participation of two or more persons.

articles or instrumentalities used in games or contest like the specific articles previously named in the section, which are used in games of tennis, polo, baseball, etc., all of w

a member of a gang of roughs, hireling criminals, thieves, or the like.

state courts must defer to the exclusive competence of the National Labor Relations Board in cases in which the activity that is the subject matter of the litigation is arguably su