Definitions from Case Law

those involving the interpretation or application of existing labor agreements.

a business at least 50 per centum of which is owned by minority group members or, in case of a publicly owned business, at least 51 per centum of the stock of which is owned by min

citizens of the United States who are Negroes, Spanish-speaking, Orientals, Indians, Eskimos and Aleuts.

with respect to any presidential election, a political party whose candidate for the office of President in the preceding presidential election received, as the candidate of such p

Miranda barred the prosecution from making its case with statements of an accused made while in custody prior to having or effectively waiving counsel. It does not follow from Mira

The court, at least when in session, is present in every part of the place set apart for its own use, and for the use of its officers, jurors and witnesses, and misbehavior anywher

If an article is not the identical thing that the brand indicates it to be, it is misbranded.

failings in the postal obligation to deliver mail in a timely manner to the right address, it would be odd if 'negligent transmission' swept far more broadly." "Ante, "at 487.

failure of the mail to arrive at its intended destination, regardless of the car- rier's intent or where the mail goes instead.

among others, manufacturing and trading companies, and with these alone are we concerned here.

It is a well-established principle where an individual in the prosecution of a right does everything which the law requires him to do, and he fails to attain his right by the misco

This term 'misdemeanor' has been generally understood to mean the lower grade of criminal offense as distinguished from a felony. It is true that the term has often been used in th

an offense that— "(i) is a misdemeanor under Federal, State, or Tribal law; and "(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a dea

applying only to crimes that "ha[ve], as an element, the use or attempted use of "physical force, "or the threatened use of a deadly weapon," § 921(a)(33)(A)(ii) (emphasis added).

those crimes punishable by a maximum of one year in jail and a $500 fine.

the plaintiff's declaration averred positive acts of negligence on the part of Johnson toward the plaintiff; namely, that while engaged in the company's service in the movement of

Neither this Court nor any member of it has ever expressed the view that the Fourth Amendment protects a wrongdoer's misplaced belief that a person to whom he voluntarily confides

it is the effence of the offence, as well upon general principles, as upon the positive language of the act of Assembly, that the words should be spoken publicly, deliberately, mal

The misrepresentation which will vitiate a contract of sale, and prevent a court of equity from aiding its enforcement, must not only relate to a material matter constituting an in

It is not on the doctrine of seaworthiness that a misrepresentation is held to vitiate the policy, because the insured is always held to guaranty the sufficiency of his vessel to p

The large tracts of land appurtenant to the mission establishments, were never vested in the church, or any other corporation or individual, by any grant of a legal title. The miss

In contracts of this kind the same good faith is required, and the same responsibility attaches to its violation, which law and reason prescribes in every description of contracts.

If it was made under any mistake at all, it was clearly a mistake of law. They mistook the legal effect of transactions of which they were chargeable with notice.

To mitigate a sentence is to reduce or lessen the amount of the penalty or punishment.

facts about the defendant's character or background, or the circumstances of the particular offense, that may call for a penalty less than death.

From the broadness of the ancient statute it is apparent that in relation to all process, civil or criminal, mesne or final no person could be committed to prison without a mittimu

all who have an identifiable mixture of white blood.

These mixed cases, however, will be found, not cases of tort, but of contract, which do not depend altogether upon locality as the test of jurisdiction, such as contracts of materi

this question alone is one of mixed law and fact, because until we are informed by testimony as to the nature and character of plaintiff's goods, no construction or view of the law

the LSD and carrier at issue here, and because I, like the majority, do not think that the term "substance" describes the combination any more accurately, I turn to the legislative

The old rule expressed in the maxim mobilia sequuntur personam, by which personal property was regarded as subject to the law of the owner's domicile, grew up in the Middle Ages, w

There is no room at any stage of judicial proceedings for such intervention; mob law is the very antithesis of due process.

the comment, "Character, wherever used in these Rules, means disposition not reputation.

The modern usages of war authorize the bringing of one of the principal officers on board the cruising vessel, with his papers, for examination. To devest her of both her principal

any physical change in, or change in the method of operation of, an existing facility which increases the amount of any air pollutant (to which a standard applies) emitted into the

To alter the rules so as to deprive KOA of what had been assigned to it, and to grant an application which would create interference on the channel given it, was in fact and in sub

an indemnity reinsurance contract under the terms of which (1) a life insurance company (hereinafter referred to as 'the reinsurer') agrees to indemnify another life insurance comp

to change moderately." MCI Telecommunications Corp.

gold and silver coin, all forms of currency, and all deposits subject to withdrawal on demand.

Respondent does not argue that a 'money award' is anything other than an award directing the payment of money. Indeed, it would distort the English language to interpret that term

The power to 'coin money and regulate the value thereof, and of foreign coin,' is a prerogative of sovereignty and a power exclusively vested in the Congress of the United States.

shares of stock or other interests owned by individuals in all enterprises in which the capital employed in carrying on its business is money, where the object of the business is t

To establish the invalidity, it is necessary to prove not only that the plaintiffs were empowered by law and authorized by their stockholders to engage in a competitive line of bus

Such an action, though brought at law, is in its nature a substitute for a suit in equity; and it is to be determined by the application of equitable principles. In other words, th

The so-called 'money in bank' is not cash or physical property of the corporation but is an indebtedness owing by the bank to the corporation by virtue of the deposit account.

money obtained by the individual debtor's fraud.

a specific commercial product labeled as such on the instrument and sold to low-income individuals in small amounts.

surplus or undivided profits held by societies for savings or banks having no capital stock, gold and silver coin, bank notes of solvent banks in actual possession, and every depos

The offense of monopoly under § 2 of the Sherman Act has two elements: (1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of

the joint acquisition or maintenance by the members of the conspiracy formed for that purpose, of the power to control and dominate interstate trade and commerce in a commodity to

the giving of an exclusive privilege for buying, selling, working, or using a thing which the public freely enjoyed prior to the grant.

the power to control prices or exclude competition.

a calendar, and not a lunar month.

Ordinarily surveys are so loosely made, and so liable to be inaccurate, especially when made in rough or uneven land or forests, that the courses and distances given in the instrum

A federal court is without power to decide moot questions or to give advisory opinions which cannot affect the rights of the litigants in the case before it.

The duty of the court is limited to the decision of actual pending controversies, and it should not pronounce judgment upon abstract questions, however such opinion might influence

The question involved in the orders of the Interstate Commerce Commission are usually continuing (as are manifestly those in the case at bar), and these considerations ought not to

Mootness is a jurisdictional question because the Court 'is not empowered to decide moot questions or abstract propositions,' . . . our impotence 'to review moot cases derives from

where ... before a return to the writ could be made, or other action taken, the restraint of which the petitioner complained would terminate, ... the application for the writ shoul

The established practice of the Court in dealing with a civil case from a court in the federal system which has become moot while on its way here or pending our decision on the mer

The money was thus obtained by a moral duress, not justified by law, and which was not submitted to by the importer, except to regain possession of his property withheld from him o

A 'morbid propensity to commit prohibited acts, existing in the mind of a person, who is not shown to have been incapable of knowing the wrongfulness of such acts, forms no defense

as here, a State asserts authority over the conduct of non-Indians engaging in activity on the reservation.

more pieces than in the burner he was patenting.

more precise, clear or certain, the Court is incorrect.

As between the mortgagor and all others than the mortgagee, it is a lien, a security, and not an estate. But as between the parties to the instrument, or their privies, it is a gra

the principle upon which the personal estate is first liable in general cases is, that the contract primarily is a personal contract; the personal estate receiving the benefit: and

There is no doctrine better established than that the purchase of land, subject to a mortgage debt, does not make the debt personal; and on the question being raised, such debt has

We believe the better rule in a case like this, and the one consistent with the Virginia decisions so far as they have gone, is that 'the mortgagees take just such an interest in t

The mortgagee clause created a contract of insurance between him and the company and effected separate insurance upon his interest.

the same thing as 'mortgagee for a valuable consideration without notice.'

where the mortgagee insures solely on his own account, it is but an insurance of his debt; and if his debt is afterwards paid or extinguished, the policy ceases, from that time, to

A mortgagee out of possession is not liable for repairs. The benefit of repairs enures primarily to the mortgagor. A mortgagee out of possession does not appoint the master, or the

the interest of the mortgagee is now generally treated by the courts of law as real estate, only so far as it may be necessary for the protection of the mortgagee and to give him t

We know of no principle or decision to warrant this conclusion. Mortgages may as well be given to secure future advances and contingent debts, as those that already exist, and are

The guaranty of payment of the principal and interest of mortgage loans constitutes insurance.

The mere mortgage of a ship, other than that of an hypothecated bottomry, is a contract without any of the characteristics or attendants of a maritime loan, and is entered into by

the law will permit the grant or conveyance to take effect upon the property when it is brought into existence, and belongs to the grantor, in fulfilment of an express agreement, f

This Court will certainly support a mortgage when there exists no actual debt, if the mortgagee is under any liability or engagement which may ultimately subject him to loss, or th

The whole case really turns on the question of whether the written instrument in controversy was a mortgage or a conditional sale. If it is the latter, it must be complied with acc

each signatory grants to the other the broadest rights and privileges which it accords to any other nation in other treaties it has made or will make

the drafting of the initial pleadings and the work associated with the development of the theory of the case." " Ibid.

racial classifications, especially suspect in criminal statutes, be subjected to the 'most rigid scrutiny,' and, if they are ever to be upheld, they must be shown to be necessary t

a child, brother, sister, father, and mother, by adoption, respectively.

A motion for a new trial, being an appeal to the discretion of the court in which the trial has taken place, the action of that court in overruling it is not reviewable in error.

The motion for nonsuit-which corresponded to a motion for a directed verdict-presented the question whether the evidence, with every inference of fact that might be drawn from it i

Such a motion is not founded in a matter of right, but rests in the sound discretion of the court. Matters resting in the discretion of a subordinate court cannot be assigned for e

by moving in arrest of judgment, you tacitly admit the verdict is good.

A motion in bar is one that 'by its own force would end the cause and exculpate the defendant, rather than merely abate the prosecution on account of some normally curable defect.

Such a motion is a step in the criminal case and not, like habeas corpus where relief is sought in a separate case and record, the beginning of a separate civil Proceeding.

A motion to dismiss a suit, for want of jurisdiction, applies solely to cases where this Court has not jurisdiction of the cause, and not to cases where the circuit court has excee

A motion to docket and dismiss a cause from the failure of the appellant to file the record within the time required by the rule of this court, when granted, is not an affirmance o

A motion to quash is addressed to the sound discretion of the court, and if refused, is not a proper subject of exception.

An action under 28 U.S.C. § 2255 is a separate proceeding, independent of the original criminal case.

Unlike the criminal trial where the guilt of the defendant is in issue and his presence is required by the Sixth Amendment, a proceeding under Section 2255 is an independent and co

An act legal in itself, and violating no right, cannot be made actionable on account of the motive which superinduced it. It is the province of ethics to consider of actions in the

a person providing motor vehicle transportation for compensation." 49 U.S.C.

any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by a department of motor vehicles.

It cannot be put out of view that the exhibition of moving pictures is a business, pure and simple, originated and conducted for profit, like other spectacles, not to be regarded,

a political committee which has been registered under section 433 of this title for a period of not less than 6 months, which has received contributions from more than 50 persons.