Definitions from Case Law

any individual who (A) has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment and (B) can reasonably be expect

cooperative associations.

One's voice and handwriting are, of course, means of communication. It by no means follows, however, that every compulsion of an accused to use his voice or write compels a communi

the general definition of the word harbour... is such as to be fully covered by the facts in this case... It is,—'to receive clandestinely, and without lawful authority, a person f

structures erected along the seacoast at inlets or rivers for protective purposes, or for enclosing sea areas adjacent to the coast to provide anchorage and shelter.

people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage-when, for example, a religious college provides married student *2626

at a minimum, "something hard to bear" and suggests something more severe than a mere burden.

such indirect means of killing and injuring wildlife as habitat modification, the other terms listed in §3 — "harass," "pursue," "hunt," "shoot," "wound," "kill," "trap," "capture,

that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominately appeals to th

that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it

Congress may have intended 'harmless' in a relative sense, but we think it was in relation to such laboratory tests as the ones the Secretary performed that Congress was speaking w

A judgment is not to be reversed for an error by which the plaintiff in error cannot have been prejudiced.

even though there may have been sufficient evidence, apart from the coerced confession, to support a judgment of conviction, the admission in evidence, over objection, of the coerc

the provisions of the Harter Act relieving an owner from liability to the cargo for errors of management of navigation do not charge him with a warranty. What they say to him is th

to me that the board has proceeded conformably to the statute and regulations.

any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples thereafter hav

in this connection, the Secretary in charge of a great division of the executive branch of the government, like the State, Treasury, and War, who is a member of the Cabinet.

Cabinet officers.

both a patient's mental and physical state.

an undertaking by one person for reasons satisfactory to him to indemnify another for losses caused by illness

a prepaid organized delivery system where the organization and the primary care physicians assume some financial risk for the care provided to its enrolled members.

The requirement that three judges hear and determine an application means that they must adjudicate the issues of law and fact which are presented by the case, a function which imp

The purpose of the act was to provide security for the payment of all persons who provide labor or material on public work. This was done by giving a claim under the bond in lieu o

Historically and in practice, in our own country at least, it has always included the right to the aid of counsel when desired and provided by the party asserting the right. The ri

the hearing which must precede the taking of property is not a mere form. The carrier must have the right to secure and present evidence material to the issue under investigation.

the word 'hearing'—when put in the context of the whole scheme for review set forth in § 6(j)—[does not] comprehend the formal and litigious procedures which respondents' interpret

That hearsay evidence is incompetent to establish any specific fact, which fact is in its nature susceptible of being proved by witnesses who speak from their own knowledge.

when evidence of that character is admitted without objection, it is to be considered and given its natural probative effect as if it were in law admissible.

hearsay may be the basis for a warrant...there was substantial basis for him to conclude that narcotics were probably present in the apartment, and that is sufficient

That boundaries may be proved by hearsay testimony, is a rule well settled... Land marks are frequently formed of perishable materials, which pass away with the generation in which

One of these rules is, that 'hearsay' evidence is in its own nature inadmissible. That this species of testimony supposes some better testimony which might be adduced in the partic

We think it a safe principle, that memorandums made by a person in the ordinary course of his business, of acts or matters which his duty in such business requires him to do for ot

To this rule there are some exceptions which are said to be as old as the rule itself. These are cases of pedigree, of prescription, of custom, and in some cases of boundary. There

an affidavit may be based on hearsay information and need not reflect the direct personal observations of the affiant, so long as the magistrate is informed of some of the underlyi

hedging transactions were essentially to be regarded as insurance rather than a dealing in capital assets and that gains and losses therefrom were ordinary business gains and losse

hatefully or shockingly evil; grossly bad.

? Is it descriptive of a class of persons to whom in the alternative the right shall go, or is .it a'word which defines the nature of the estate which the grantee shall take? Is it

In common understanding to hold property is to own it. In order to own or hold one must acquire. The date of acquisition is, then, that from which to compute the duration of owners

Congress intended to prevent transportation in interstate or foreign commerce of persons who were being unlawfully restrained in order that the captor might secure some benefit to

The language of § 301(k) does not limit its application to one holding title to the goods; the purpose of the legislation—to safeguard the consumer from the time the food is introd

the language used by Congress broadly and unqualifiedly prohibits misbranding articles held for sale after shipment in interstate commerce, without regard to how long after the shi

femes covert as well as femes sole.

real estate of inheritance, and " possessed of an irrevocable possession in fee simple " means seized of an indefeasible estate in fee simple.

Heresy trials are foreign to our Constitution. Men may believe what they cannot prove. They may not be put to the proof of their religious doctrines or beliefs.

presupposes that equitable, as distinguished from legal, rights, substantive or remedial, have arisen from the subject-matter in favor of each of the parties; and it requires that

The law of Louisiana imposes on the seller the obligation of warranting the thing sold against its hidden defects. (Civ. Code, arts. 2,450, 2,451.) Hidden defects are those which c

Inquiry into the hidden motives which may move Congress to exercise a power constitutionally conferred upon it is beyond the competency of courts.

those organized as a body with other churches having similar faith and doctrine with a common ruling convocation or ecclesiastical head.

The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future is to be considered, not necessarily as the

the District of Columbia Court of Appeals.

this court has jurisdiction, upon writ of error, to re-examine the final judgment of a subordinate state court denying a Federal right, specially set up or claimed, if, under the l

one of two things: (1) It means the top price for which an article was delivered during March 1942, in completion of a sale to a purchaser of the same class; (2) If there was no ac

waters on the sea-coast without the boundaries of low-water mark.

This does not mean, as petitioners contend, a physical mark made upon the ground by the waters; it means the line of high water as determined by the course of the tides.

Contracts which relate to the use of the highways must be deemed to have been made in contemplation of the regulatory authority of the state

consistently with the commerce clause, a State may impose upon vehicles used exclusively for interstate transportation a fair and reasonable tax as compensation for the privilege o

The hiring hall came into being 'to eliminate wasteful, time-consuming, and repetitive scouting for jobs by individual workmen and haphazard uneconomical searches by employers.' Co

to refer to the party who claims ownership of the copyright by virtue of the work for hire doctrine.

not any particular paper application, but his applying; his making an application; his preferring a demand for a patent for his invention as new and useful.

a bay over which the United States has traditionally asserted and maintained dominion with the acquiescence of foreign nations

the coastline as it existed in 1868, as to be determined by the parties.

a person who takes a bill, which upon the face of it was dishonoured, cannot be allowed to claim the privileges which belong to a bona fide holder without notice. If he chooses to

as long as the holder is passive, all his remedies remain... he is not bound to active diligence. But if the holder enters into a valid contract for delay, he thereby suspends his

The dominant characteristic of a holding company is the ownership of securities by which it is possible to control or substantially to influence the policies and management of one

where a holding company directly intervenes in the management of its subsidiaries so as to treat them as mere departments of its own enterprise, it is responsible for the obligatio

It is true that the Pacific company practically owns the controlling stock in the Gulf company, and that both companies constitute elements of the Rock Island system. But the holdi

The enhanced price which government emergency demand creates represents what can be exacted from the government whose demands in the emergency have created a sellers' market. In th

a holiday of not less than 24 hours.

business headquarters,' the Government seeks to inject such issues and findings, including a Dobson v. Com'r, 320 U.S. 489 , 64 S.Ct. 239, 88 L.Ed. 248, contention, into the Tax Co

when, as here, the home is converted into a commercial center to which outsiders are invited for purposes of transacting unlawful business, that business is entitled to no greater

an allowed claim secured only by a security interest in the debtor's principal residence.

the office of the collector of customs, where such vessel is registered or enrolled, means the permanent registry or enrolment, which is at the port, at or nearest to which the own

the precedence of forfeiture has never been carried further than to overreach common law contracts entered into by the owner; and it would be unreasonable to extend them further. T

These provisions, and others that might be referred to, very clearly indicate that the domicile of a vessel that requires to be registered, if we may so speak, or home port, is the

Until some such action by the United States, Messenger's entry segregated the land from the public domain and made it so far private as to withdraw it from the operation of the law

If the agreement was made by Fearnow, the original applicant, that he would make the homestead entry not for himself, but for the benefit of another, would, during the time that he

From the making of his entry the homesteader has the right of possession as against trespassers and all others except the United States; he has also an inchoate title, subject to b

It cannot in an absolute sense be said to be an estate in the land; the law creates none and leaves the fee as it was before, but in substance declares that the right of occupancy

There can be no doubt that Wadkins's inchoate right was initiated by his settlement, and that, as between him and any intervening claimant, his perfected right evidenced by the pat

All that is required of him in such case—he being a competent officer—in determining whether particular goods are at the time in shipping order and condition, or can be received in

a formal final judgment passed by the government upon the entire military record of the soldier, and an authoritative declaration by it that he had left the service in a status of

a payment of money or any thing of value for an appearance, speech or article by a Member, officer or employee, excluding any actual and necessary travel expenses incurred by such

When retailers are forced to abandon price competition, they are driven into a compact in violation of the spirit of the proviso which forbids 'horizontal' price fixing. A real san

Sealy, Inc., is an instrumentality of the licensees for purposes of the horizontal territorial allocation. It is not the principal. ... It would violate reality to treat them as eq

naked restraints of trade with no purpose except stifling of competition

a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four hours in any week of three or more nonre

inducements of employees that are prohibited under § 8(b)(4)(A) in the absence of a hot cargo provision are likewise prohibited when there is such a provision.

the way in which the Census Bureau, when conducting the year 2000 census, filled in certain gaps in its information and resolved certain conflicts in the data.

some sort of a chase, but it need not be an extended hue and cry "in and about (the) public streets." The fact that the pursuit here ended almost as soon as it began did not render

the dwelling and a circumscribed area of surrounding land that is given the name "curtilage." Oliver v. United States, 466 U. S. 170, 180 (1984).

(1) an individual who lives alone or who, while living with others, customarily purchases foods and prepares meals for home consumption separate and apart from the others, or (2) a

On the contrary, it presents a case for the application of the ordinary principle which subjects to confiscation, jure belli, the share of a partner in a neutral house, where his o

It has been long since decided in the courts of admiralty, that the property of a house of trade, established in the enemy's country, is condemnable, as prize, whatever may be the

the active ingredient of a new drug, antibiotic drug, or human biological product (as those terms are used in the Federal Food, Drug, and Cosmetic Act and the Public Health Service

the very foundation of the community and its efficacious existence depends on the power of the husband, during the marriage, over the community, and his right, in the absence of fr

a bona fide assignment for a valuable consideration, made by a husband to a third person, of a debt actually and presently due to his wife, does not devest, in equity, the title of

It is not necessary to the existence of the hypothecation that there should be in terms any express pledge of the vessel, or any stipulation that the credit shall be given on her a

That a Judge cannot be required to declare the law on hypothetical questions which do not belong to the cause on trial, has been frequently asserted in this Court, and is, we belie

The so-called order here complained of is one which does not command the carrier to do, or to refrain from doing, anything; which does not grant or withhold any authority, privileg

The investigating and supervising powers of the Commission extend to all of the activities of carriers and to all sums expended by them which could affect in any way their benefit