Definitions from Case Law

If the contract stipulates for possession by the vendee, or the vendor puts him in possession, he holds as a licensee. The relation of landlord and tenant does not subsist between

The general rule is that the licensee under a patent license agreement may not challenge the validity of the licensed patent in a suit for royalties due under the contract.

The fee was held to be 'not a revenue tax, but one to meet the expense incident to the administration of the act and to the maintenance of public order in the matter licensed'.

we construe the phrase 'license, fee, or excise required by the State * * *' as equivalent to 'license, fee, or excise of the State. * * *' Thus read, the phrase merely indicates C

subsection (2)(b) refers only to those taxes which are essential to the functioning of the host State's licensing and registration laws in their application to the motor vehicles o

The tax imposed is not merely an exercise of the police power regulating a business, but is a tax assessed as a condition upon which the license issues. Though it fulfils the doubl

- ing that "no person is a trespasser by merely entering therein" unless the property owner has given "due notice" that such a person is banned.

A license to prosecute the coasting trade, is a warrant to traverse the waters washing or bounding the coasts of the United States. Such a license conveys no privilege to use, free

agency process respecting the * * * denial * * * of a license.' § 2(e).

Analytically, the power given to the Farm Credit Administration by § 781 Fourth (b) is a licensing power, not a rulemaking, an adjudicating, or an investigating power. The regulati

At common law there can be no lien without possession. It is there defined, a right in one man to retain that which is in his possession belonging to another, till certain demands

The lien of the carrier by water for his freight, under the ordinary bill of lading, although it is maritime, yet it stands upon the same ground with the carrier by land, and arise

Such liens differ in their character and are not equally favored—the lien for necessaries, which is a secret one, being stricti juris.

the jurisdiction of the admiralty, in such cases, where the repairs are upon a domestic vessel, depends upno the local law of the state. Where the repairs have been made, or necess

It is the obvious intent of this law, that the thing or property shall be held liable for the tax assessed upon it, and that the tax is a lien in rem, which may be sold to satisfy

Where a factor makes advances, or incurs liabilities, on a consignment of goods, if there be no special agreement, he may sell the property, in the exercise of a sound discretion,

A judgment is in effect what it is defined to be in theory, 'the sentence of the law given in a court of law.' The lien of a judgment is a quality added to it,—a quality not in any

Under the maritime law of the United States the vessel is bound to the cargo, and the cargo to the vessel, for the performance of a contract of affreightment; but the law creates n

Although a lien on land constitutes no property or right in the land itself, still it confers a right to levy on the same to the exclusion of other adverse interests acquired subse

until death of the offender.

Life insurance in such a case is, like that of fire and marine insurance, a contract of indemnity. ... The benefit to be gained by death has no periodicity. It is a substitution of

an insurance company engaged in the business of issuing life insurance, and annuity contracts (including contracts of combined life, health, and accident insurance), the reserve fu

the sum of (1) the taxable investment income (as defined in section 804) or, if smaller, the gain from operations (as defined in section 809), (2) if the gain from operations excee

A policy of life insurance is not an assurance for a single year, with a privilege of renewal from year to year by paying the annual premium. It is an entire contract of assurance

The lightering or towing was but the prolongation of the voyage of the vessels assisted to their port of destination

Labels do not differentiate products for the purpose of determining grade or quality, even though the one label may have more customer appeal and command a higher price in the mark

either: (a) [a] substantial risk that physical harm will be inflicted by an individual upon his own person, as evidenced by threats or attempts to commit suicide or inflict physica

Limitation, as used in such statutes, means a bar to the alleged right of the plaintiff to recover in the action created by or arising out of the lapse of a certain time after the

lapse of the statutory period 'not only bars the remedy, but destroys the liability.' The cause of action, the very foundation for relief, is extinguished.

It was in the power of the carrier under the Act to Regulate Commerce, as amended, to limit liability even in case of negligence by affording the shipper an opportunity to pay a hi

Statutory provisions (46 USCA §§ 182–188) for limitation of liability should be construed liberally in order to effectuate their beneficent purposes.

The proceeding partakes in a way of the features of a bill to enjoin the multiplicity of suits, a bill in the nature of an interpleader, and a creditor's bill. It looks to a comple

There are no words in the will which restrain the dying without issue to the time of the death of the legatee. The remainder over is to take effect whenever either of the immediate

for example, the principle of "fair use" (§ 107), permission for limited library archival reproduction (§ 108), and the doctrine at issue here, the "first sale" doctrine (§ 109).

But to the power of pardoning there are limitations. The king cannot, by any previous license, make an offence dispunishable which is malum in se, i. e. unlawful in itself, as bein

Normally the corporation is an insulator from liability on claims of creditors. The fact that incorporation was desired in order to obtain limited liability does not defeat that pu

That contracts for limited liability, when fairly made, do not contravene the settled principles of the common law preventing the carrier from contracting against its liability for

It contains the fundamental provision on which the others turn. It broadly declares that 'the liability ... for any ... damage ... occasioned without the privity or knowledge of su

it would be a judgment rendered by a court, not of inferior, but only limited, jurisdiction, and the merits would have been investigated and decided by consent... There, though jud

This, of course, does not mean that a prescribed rate of duty can be escapted by resort to disguise or artifice. When it is found that the article imported is in fact the article d

Mandamus has never been regarded as the proper writ to control the judgment and discretion of an officer as to the decision of a matter which the law gave him the power and imposed

Though the court may possess jurisdiction of a cause, of the subject-matter, and of the parties, it is still limited in its modes of procedure, and in the extent and character of i

The principle involved in these decisions is that where the legislative action is arbitrary and has no reasonable relation to a purpose which it is competent for government to effe

Descents are, as is well known, of two sorts; lineal, as from father or grandfather to son or grandson, and collateral as from brother to brother, and cousin to cousin, &c.

A line-haul carrier is a common carrier by railroad which transports livestock and other freight in interstate traffic, as distinguished from a carrier such as Junction, which perf

the line of commerce, i.e., the type of goods, wares, or merchandise, etc., involved must be determined, where it is in controversy, on the basis of the facts peculiar to the case.

This line was that of military occupation or control by the forces of the different governments, and not that of State lines.

Its ordinary sense, as given by lexicographers, is to clear away, to lessen debts. And in common parlance, especially among merchants, to liquidate a balance, means, to pay it.

Such contracts for liquidated damages, when reasonable in their character, are not to be regarded as penalties, and may be enforced between the parties. But agreements to pay fixed

The question always is, What did the parties intend by the language used? When such intention is ascertained it is ordinarily the duty of the court to carry it out.

The latter function, which is spoken of as the liquidation of a claim, is strictly a proceeding in personam.

to us 'sewage.' Any doubts are resolved by a consistent administrative construction which refused to give immunity to industrial wastes resulting in the deposit of solids in the ve

the statutory definitions of 'liquor' in section 1 and 'articles' in section 4 of the National Prohibition Act are mutually exclusive: if the article to be manufactured is fit for

To have that effect, a bill must be so definite in the description, that any one reading it can learn thereby what property is intended to be made the subject of litigation.

literature' or the 'arts' mean no more than productions which convey ideas by words, pictures, or drawings

all composition of words, pictorial representation, or notations that are intelligible to any portion of the population, no matter whether their appeal is extensive or esoteric.

a wage determination by the Secretary contemplates no controversy between parties and no fixing of private rights; the process of arriving at a wage determination contains no sembl

a federal agency approves a development project with potential effects on the environment or on other property owners.

According to the Civil Code of Louisiana, article 2623, 'A right is said to be litigious whenever there exists a suit and contestation on the same.

By the common law of England, the right of littoral proprietors, bounding on public navigable waters, extended to high-water mark only. But by an ancient ordinance, usually denomin

under the civil law, is necessary to transfer titles. Livery of seizin is the controlling fact.

when the nominal employer furnishes a third party 'with men to do the work, and places them under his exclusive control in the performance of it, those men become pro hac vice the

lobbying activities' readily lends itself to the construction placed upon it below, namely, 'lobbying in its commonly accepted sense,' that is, 'representations made directly to th

The general principle was laid down broadly in Providence Tool Co. v. Norris ... that an agreement for compensation to procure a contract from the government to furnish its supplie

direct communication with members of Congress on pending or proposed federal legislation

These particular services thus paid for were of the character generally designated as lobbying services... courts had branded services of a like nature as improper, and for which n

Wherever the jurisdiction of the person will enable the Circuit Court to give effect to its judgment or decree, jurisdiction may be exercised. But wherever the subject-matter in co

A tax imposed on a local activity related to interstate commerce is valid if, and only if, the local activity is not such an integral part of the interstate process, the flow of co

Local application' obviously implies limitation to subjects having relevant ties within the territory, to laws growing out of the needs of the Islands and governing relations withi

There are matters of local concern, the regulation of which unavoidably involves some regulation of interstate commerce, but which because of their local character and their number

Crimes committed against the laws of the United States out of the limits of a State are not local, but may be tried at such place as Congress shall designate by law, but are local

what Congress must have meant by facilities' for 'local distribution' was equipment for distributing gas among consumers within a particular local community, not the high-pressure

a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, pu

locality, by all the authorities, is the test, in cases of tort, by which to determine the question whether the wrongful act is one of admiralty cognizance; and if it appears, as i

the wrong and injury complained of must have been committed wholly upon the high seas or navigable waters, or, at least, the substance and consummation of the same must have taken

primarily, at least, a law that in fact, if not in form, is directed only to a specific spot.

A local rate is a rate applying locally from one station to another on the same road.

A location and discovery on land withdrawn quoad hoc from the public domain by a valid and subsisting mining claim is absolutely void for the purpose of founding a contradictory ri

sales by dealers through the medium of discounters.

the location of the land in question by the Hannibal and St. Joseph Railroad Company was not complete, as regards this defendant, until said company caused a map thereof to be reco

The designation of any particular spot of general notoriety, or such a description of it in relation to some place of general notoriety as would clearly point it out to subsequent

the sense in which the enterer uses the reference to distance, is the only general rule that can govern a Court in construing an entry. That sense may be gathered from his language

The calls for Bryant's station and North Elkhorn, and the distance to the seventh big fork, are descriptive, and were designed to lead the inquirer to the locative or special call;

the locus delicti must be determined from the nature of the crime alleged and the location of the act or acts constituting it

what is called 'log-rolling'—by which, in order to secure the requisite majority to carry necessary and proper items of appropriation, unnecessary or even indefensible items are so

to remain in any one place with no apparent purpose.

it is a principle of public law, universally recognized, that long acquiescence in the possession of territory, and in the exercise of dominion and sovereignty over it, is conclusi

in most instances, that no necessity impels us to perform such a role.

gain from the sale or exchange of a capital asset held for more than 6 months.

Lookouts stationed in positions where the view forward, or on the side of the vessel to which they are assigned, is obstructed by the lights or any part of the vessel, do not const

The object of a look-out is to discover dangers that are unknown, the advance of an approaching vessel, the appearance of a light on the coast, the discovery of a dangerous object,

The requirement that losses be deducted in the year in which they are sustained calls for a practical test. The loss 'must be actual and present.

a loss by fire caused by the barratry of the master or crew, is not a loss within the policy. Such a loss is properly a loss attributable to the barratry, as its proximate cause, a

must be evidenced by closed and completed transactions, fixed by identifiable events, bona fide and actually sustained during the taxable period for which allowed

The selling of selected goods at a loss in order to lure customers into the store is deemed not only a destructive means of competition; it also plays on the gullibility of custome

The court correctly held that where a trespass results in the destruction of a building, with consequent interruption of a going business, the loss of future profits (these being r

The moment that ship was taken from her officers, and proceeded on a piratical cruize, the crew lost all claim to national character, and whether citizens or foreigners, became equ

Clause (A) requires a showing that the 'additional system cannot be operated under separate ownership without the loss of economies so important as to cause a serious impairment of

The loss payable clause ... is not informative to the insurer of the existence of a chattel mortgage, but performs the office of protecting a creditor of the insured who has no int

where one of two innocent parties must suffer, through the fraud or negligence of a third party, the loss shall fall upon him who gave the credit.