Definitions from Case Law

To say that a court will take judicial notice of a fact, whether it be an event or a custom or a law of some other government, is merely another way of saying that the usual forms

It cannot certainly be laid down as a universal, or even as a general, proposition, that the court can judicially notice matters of fact. Yet it cannot be doubted, that there are m

wherever a law of a State is held to be a public one, to be judicially taken notice of by the State courts, it must be regarded in like manner by a court of the United States, when

Judicial offices are those which relate to the administration of justice, and which must be exercised by the persons appointed for that purpose and not by deputies.

This Court can have no jurisdiction other than of cases and controversies falling within the classes enumerated in the judiciary article. It cannot give decisions which are merely

No judicial process, whatever form it may assume, can have any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it is issued; and an attempt

By retiring pursuant to the statute a judge does not relinquish his office. The language is that he may retire from regular active service on the bench, not from office.

A proceeding under section 316 of the Packers and Stockyards Act is a judicial review, not a trial de novo. The validity of an order of the Secretary, like that of an order of the

The courts may determine whether his action is within his statutory authority...whether there was any evidence before him to support his determination...and whether the procedure w

The function of the reviewing court is much more restricted. It is limited to ascertaining whether there is warrant in the law and the facts for what the Commission has done. Unles

The courts in reviewing the action of the Commission have no authority to substitute their judgment as to what is reasonable in a given case for that of the Commission, but are lim

the function of review placed upon the courts by Section 6(b) is fully performed when they determine that there has been a fair hearing, with notice and an opportunity to present t

The judicial function is exhausted when there is found to be a rational basis for the conclusions approved by the administrative body.

The grounds upon which an administrative order must be judged are those upon which the record discloses that its action was based.

The Commission has wide discretion in its choice of a remedy deemed adequate to cope with the unlawful practices in this area of trade and commerce. It has wide latitude for judgme

if it does not affirmatively appear that the executive officers have acted in some unlawful or improper way and abused their discretion, their finding upon the question of citizens

like the authority previously exercised by the federal Circuit Courts, is confined to determining whether the Commission's order violates the Constitution, or exceeds the power del

the adjudication of [a debtor] as a bankrupt, when followed by the appointment of the trustee in bankruptcy, operated as a 'judicial sale' of his real estate within the meaning of

when the object is to sell the real estate of an insolvent or embarrassed succession, the settled doctrine is, there are no adversary parties—the proceeding is in rem—the administr

the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and

The distinction between the judicial function of declaring a rate unreasonable and the legislative one of establishing a rate as reasonable.

The declaration, plea, and finding must be taken together; and from these, we are bound, by the 32d section, above cited, to ascertain whether, according to the right of the cause

In the law of its creation, the sociedad is consistently regarded as a juridical person. It may contract, own property, and transact business, sue and be sued in its own name and r

This proceeding involved an ascertainment and settlement of the boundaries of the lands granted by the appropriate officers of the government, specially designated for that purpose

the courts' statutory or constitutional power to adjudicate the case.

The rule applicable generally to suits for injunction to restrain a nuisance, a continuing trespass, or the like, viz., that the jurisdictional amount is to be tested by the value

When two or more plaintiffs having separate and distinct demands unite in a single suit, it is essential that the demand of each be of the requisite jurisdictional amount; but when

A court that renders judgment against a defendant thereby tacitly asserts, if it does not do so expressly, that it has jurisdiction over that defendant. But it must be taken to be

The defect is not jurisdictional in the sense that it deprives the court of power to allow the appeal. The court has discretion, where the scope of review is not affected, to disre

a dispute between two or more groups of employees over which is entitled to do certain work for an employer

a jurisdictional dispute under § 8(b)(4)(D) ... is a dispute between two or more groups of employees over which is entitled to do certain work for an employer

wherever a judgment is given by a court having jurisdiction of the parties and of the subject-matter, the exercise of jurisdiction warrants the presumption, in favor of a purchaser

a judgment is entitled to full faith and credit—even as to questions of jurisdiction—when the second court's inquiry discloses that those questions have been fully and fairly litig

[A] question [of jurisdiction] is in issue only when the District Court's power to hear and determine the cause as defined and limited by the Constitution or statutes of the United

In a civil suit in personam, jurisdiction over the defendant, as distinguished from venue, implies, among other things, either voluntary appearance by him or service of process upo

while the general rule in regard to jurisdiction in rem requires the actual seizure and possession of the res by the officer of the court, such jurisdiction may be acquired by acts

the controlling factor being, not where the property is situated, but did it pass to the trustee, and is it a part of the estate subject to administration under the direction of th

Its action is on equitable rights, by equitable remedies; or legal rights for which the law provides no remedy, or none so adequate as equity, so beneficial or complete.

the subordinate judicial tribunals of the United States can exercise only such jurisdiction, civil and criminal, as may be authorized by acts of Congress. ... 'courts which origina

jurisdiction of the person of a defendant, (who is an inhabitant of another State,) can only be obtained, in a civil action, by service of process on his person, within the distric

obtained by a seizure under process of the court, whereby it is held to abide such order as the court may make concerning it

the power to decide the issues in the suit

Of the action at law, the circuit court had jurisdiction; and no change in the residence or condition of the parties can take away a jurisdiction which has once attached.

Jurisdiction over a corporation of one state cannot be acquired in another state or district in which it has no place of business and is not found, merely by serving process upon a

The property interest which it created was an intangible, jurisdiction over which cannot be exerted through control over a physical thing. Jurisdiction over an intangible can indee

The jurisdiction of the district court over parties is acquired only by a service of process, or their voluntary appearance. It has no authority to issue process to another State.

The 14th Amendment did not, in guarantying due process of law, abridge the jurisdiction which a state possessed over property within its borders, regardless of the residence or pre

Consent alone gives jurisdiction to adjudge against a sovereign. Absent that consent, the attempted exercise of judicial power is void.

it must appear affirmatively from the record, not only that a federal question was presented for decision to the highest court of the state having jurisdiction, but that its decisi

Ordinarily jurisdiction over a person is based on the power of the sovereign asserting it to seize that person and imprison him to await the sovereign's pleasure. But when that pow

the question whether, considering the nature of the cause of action asserted and the relief prayed by plaintiff, the court had power to adjudicate concerning the subject-matter of

We regard the exception as encompassing those dismissals which are based on a plaintiff's failure to comply with a precondition requisite to the Court's going forward to determine

When we speak of the jurisdiction to tax land or chattels as being exclusively in the state where they are physically located, we mean no more than that the benefit and protection

No doubt it sometimes may be difficult to decide whether certain words in a statute are directed to jurisdiction or to merits, but the distinction between the two is plain. One goe

the rule is confined to conveniences made public because the privilege of maintaining them has been granted by the government or because there has arisen what may be termed a const

We think it was not erroneous for the presiding Judge to treat the physical inability of the juror as simply creating a vacancy on the panel, and proceeding to fill it in the usual

That kind of discrimination contravenes the very idea of a jury—'a body truly representative of the community,' composed of 'the peers or equals of the person whose rights it is se

The privilege takes as its postulate a genuine relation, honestly created and honestly maintained. If that condition is not satisfied, if the relation is merely a sham and a preten

We agree, that until the survey of the township and the designation of the specific section, the right of the State rests in compact—binding, it is true, the public faith, and depe

The ordinance of Congress is in truth a new regulation of the jus post liminii, and limits it to a recapture within twenty-four hours, and therefore can only relate to the subjects

Power was in the Crown by virtue of the jus privatum to convey the soil beneath the waters for uses merely private, but subject always to the jus publicum, the right to navigate an

the power to preserve and regulate navigation

This is the adoption of the rule of jus sanguinis in respect to citizenship, and that emphasizes the fact and time of birth as the basis of it. We think the words, 'the right of ci

the place of birth governs citizenship status except as modified by statute

only a title which is good upon its face, or not manifestly frivolous, not one which shall ultimately turn out to be valid.

In appraising a stockholder's position in a merger as to justice and reasonableness, it is not the promise that a charter made to him but the current worth of that promise that gov

the full monetary equivalent of the property taken.

The provision found in the 5th Amendment to the Federal Constitution and in the Constitutions of the several states, for just compensation for the property taken, is merely a limit

The clause prohibiting taking private property for public use without just compensation has no reference to taxation … The restriction is upon the right of eminent domain, not upon

The requirement of the 5th Amendment is satisfied when the owner is paid for what is taken from him. The question is what has the owner lost, and not what has the taker gained.

those damages arising from the delay occasioned by the proceedings in error or appeal, which are properly a legal damage to the party delayed.

depends on a federal court's answers to judicially unanswerable questions about the proper way to apply the State's traditional districting principles, or about the groupwide prefe

while the right to a 'public trial' is explicitly guaranteed by the Sixth Amendment only for 'criminal prosecutions,' that provision is a reflection of the notion, deeply rooted in

not justiciable—that is to say that Congress by this Act has foreclosed resort to the courts for enforcement of the claims asserted by the parties

Until the right asserted is threatened with invasion by acts of the state, which serve both to define the controversy and to establish its existence in the judicial sense, there is

To constitute such a controversy, it must appear that the complaining State has suffered a wrong through the action of the other State, furnishing ground for judicial redress, or i

the key word 'justification' can be read no more broadly than to allow rebuttal of the respective offenses in one of the ways expressly made available by Congress. Thus, a discrimi

The phrase justo titulo is explained to mean a title such as to transfer the property,—Schmidt, Civil Law of Spain and Mexico, 289, 290; see Partidas, 1. 18, t. 29, p. 3; or, as it

sharing in the cost of providing "police and fire protection, the benefit of a trained work force, and 'the advantages of a civilized society.' " "Exxon Corp.

A just title does not mean a perfect title, as otherwise prescription would not be needed. If the title is good on its face and the possessor under it has no notice of any extrinsi

a person less than eighteen years of age.

Sailing vessels approaching a steamer are required to keep their course on account of the correlative duty which is devolved upon the steamer to keep out of the way, in order that

requiring ordinary diligence in some, and extraordinary diligence in others.

the execution chamber, a control room separated by a one-way window, and a witness room.

laborers, especially those pursuing the building trades, often were paid the prevailing rate of wages but were compelled by their employers to give back or kick back a percentage o

actions or effects that do not require direct applications of force.

Such a thing as a pardon without a designation of its kind is not known in the law. Time out of mind, in the earliest books of the English law, every pardon has its particular deno

knowing,' and I am unwilling to say that in § 271(c) it means 'unknowing.' This statute to me means rather plainly that in order to violate it, one who sells an article must know t

He who purchases unsound property, with knowledge of the unsoundness at the time cannot maintain an action. So if one compounds a debt, or makes any other contract, with a full kno

knowing conversion requires more than knowledge that defendant was taking the property into his possession. He must have had knowledge of the facts, though not necessarily the law,

having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry.

a buyer is not liable under § 2(f) if the lower prices he induces are either within one of the seller's defenses such as the cost justification or not known by him not to be within

no more and no less than 'knowingly violates any such regulation.' St. Johnsbury Trucking Co. v. United States, 220 F.2d 393 (CA1 1955); United States v. Chicago Express, 235 F.2d

the Fourteenth Amendment cannot tolerate a state criminal conviction obtained by the knowing use of false evidence

Congress did not make negligence the test of liability, but the fact that the act was violated knowingly, although there may be a violation 'in effect intentional,' and therefore w

more than subjective belief or unsupported speculation.

The Kyne exception is a narrow one, not to be extended to permit plenary district court review of Board orders in certification proceedings whenever it can be said that an erroneou

all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article.

a union forfeits its exemption from the antitrust laws when it is clearly shown that it has agreed with one set of employers to impose a certain wage scale on other bargaining unit

When the unions participated with a combination of business men who had complete power to eliminate all competition among themselves and to prevent all competition from others, a s