Definitions from Case Law

The purpose of the constitutional provision is 'to prevent the inclusion of incongruous and unrelated matters in the same measure and to guard against inadvertence, stealth, and fr

the accused is "denied the presence of counsel at a critical stage of the prosecution." "Id., "at 662 .

for Italian Colors to enforce its statutory rights "is via a class action." "Ante," at 2311, n. 4 (quoting 667 F.3d, at 218 ; internal quotation marks omitted; emphasis added by th

exclusivity; it does not suggest one of multiple options.

action taken by a court on its own initiative, the limiting phrase "on such motion" in the second sentence has no effect, and a court may act on its own "whether or not" a verdict

discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions.

in its generality, as I have just said, all that regards the ship.

But the Ship Resolution is captured and both Ship and Cargo are libelled as prize. A question is made; on whom lies the onus probandi? We think on the captors. There can be no cond

It is an unsettled claim or demand made by the creditor which appears in his account books. It is not evidenced by any written document whereby the United States, the debtor, has p

a management company (i.e., an investment company other than a unit investment trust or a face-amount certificate company, § 4) which is offering for sale or has outstanding any re

an essential condition in cases of this type is the establishment, with reasonable certainty, of an opening net worth, to serve as a starting point from which to calculate future i

enables the merchant to insure his goods shipped at a distant port when it is impossible for him to be advised of the particular ship upon which the goods are laden, and therefore

The consideration for the sale was $2,200,000 in cash and the promise of future money payments wholly contingent upon facts and circumstances not possible to foretell with anything

It is the practice itself, however, with its potential for abuse, which 'operates as a fraud or deceit' within the meaning of the Act when relevant information is suppressed. The I

The all-important 'operating incidence' of the tax is thus made clear. ... The incidence of the tax provides the answer. The question whether a state may validly make interstate co

the validity of the tax rests upon whether the State is exacting a constitutionally fair demand for that aspect of interstate commerce to which it bears a special relation. For our

functioning" or "working," but it claims that "unlawful agency action is not a part of the functioning or working of the authorizing statute." Post, at 4 (opinion of SOTOMAYOR, J.)

The actual existence of a statute, prior to such a determination, is an operative fact and may have consequences which cannot justly be ignored.

The term 'operator' in section 310 (b) is an apt designation of one who conducts a market agency at a stockyard.

A duly licensed physician who specializes in the care of the eyes.

An opinion not given to the jury, pronounced after a verdict was rendered, and, consequently, having no influence on that verdict, which states merely the course of reasoning which

A fundamental requirement of due process is 'the opportunity to be heard.' It is an opportunity which must be granted at a meaningful time and in a meaningful manner.

upon that notice, the debtors had a right to come into court and file their petition, which is technically called an opposition, and set up, as matter of defence, everything that c

An artisan qualified to grind lenses, fill prescriptions, and fit frames.

The covenant in the lease giving the right or option to purchase the premises was in the nature of a continuing offer to sell. It was a proposition extending through the period of

Examines eyes for refractive error, recognizes (but does not treat) diseases of the eye, and fills prescriptions for eyeglasses.

the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensi

an order disapproving the petition or answer under section 77B should have the same effect for the purpose of appeal as an order refusing adjudication

immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liber

The order form is not a mere record of a past transaction-it is a certificate of legality of the transaction being carried on, or else it is a means of discovering the illegality a

the section intended that the order of the court having jurisdiction of the trust should be determinative as to what is distributable income for the purpose of division of the tax

it was an equitable decree compelling obedience under the threat of contempt and was therefore an 'order granting an injunction' within the meaning of Rule 65(d)

the essential ingredient is orderly expedition and not mere speed

an "order of deportation," 110 Stat. 3009–627, which, in turn, is defned as an order "concluding that the alien is deportable or ordering deportation," § 1101(a)(47)(A).

The first 'provides for the enforcement of orders; that is, the compelling of the doing or abstaining from doing of acts embraced by a previous affirmative command of the Commissio

An order punishing for contempt, made in the progress of the case, when not in the nature of an order in a criminal proceeding, is regarded as interlocutory, and to be reviewed onl

As the primal duty of a carrier is to furnish adequate facilities to the public, that duty may well be compelled, although, by doing so, as an incident some pecuniary loss from ren

the 'orders' referred to in 315(c) are formal commands of the Commission relating to its procedure and the rates, fares, practices, and like things coming within its authority

the orders made judicially reviewable by the quoted language are the directory orders mentioned in, and authorized by, subsection (b) of § 11 of the Act, and orders which may 'revo

the City of New York and the counties of Nassau, Suffolk and Westchester.

There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted.

The principal function of the term 'ordinary' in § 162(a) is to clarify the distinction, often difficult, between those expenses that are currently deductible and those that are in

The requirement of § 23(a)(2) that deductible expenses be 'ordinary and necessary' implies that they must be reasonable in amount and must bear a reasonable and proximate relation

The origin and nature, and not the legal form, of the expense sought to be deducted, determines the applicability of the words of § 23(a).

Extraordinary, unusual and extravagant amounts paid by a corporation to its officers in the guise and form of compensation for their services, but having no substantial relation to

By the special agreement the carrier becomes, with reference to the particular transaction, an ordinary bailee and private carrier for hire.

such care as a person of ordinary prudence would exercise under like circumstances.

the common prudence which men of business and heads of families usually exhibit in matters that are interesting to them

The lien is displaced where the goods are sold in the usual course of trade carried on by the tenant, provided they are duly delivered, and do not remain on the premises. Personal

the deductions allowed by section 23 (section 2023) other than capital losses and capital deductions.

common or ordinary diligence, such as prudent men exercise in respect to their own private affairs

Ordinary in this context does not mean that the payments must be habitual or normal in the sense that the same taxpayer will have to make them often. The situation is unique in the

The principal function of the term 'ordinary' in § 162(a) is to clarify the distinction, often difficult, between those expenses that are currently deductible and those that are in

the net income, computed in accordance with the provisions of this title, after excluding all items of capital gain, capital loss, and capital deductions.

they are not the 'ordinary' normal ones applied by the nonintegrated miner. It was he whom the Congress made the object of the allowance. The fabrication processes used by responde

any of them," and that the jurisdiction conferred embraces all controversies in which any litigant on either side is a citizen of the United States or a subject of a foreign countr

any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of d

The test, rather, is whether one can fairly say under all the circumstances that a particular type of organization has a character so impersonal in the scope of its membership and

to 'establish,' 'found,' or 'bring into existence,' and that in this sense the Communist Party 4 was organized by 1945 at the latest.

the geographic location in which the goods originated.

exclusive jurisdiction.' The district judge agreed in opinion with Mr. Justice WILSON, and, consequently, the jurisdiction was sustained.

if, indeed, it appears, that he has sent a servant, or tradesman, for these goods, on his own account, he is clearly liable; for, when they come to his use, that makes him the orig

Original jurisdiction in equity, in a particular class of cases, conferred by the constitution on this court, has been interpreted to impose the duty to adjudicate according to suc

the Indian right of occupancy based upon aboriginal possession; as against any but the sovereign, original Indian title was accorded the protection of complete ownership, but it wa

Earned original issue discount serves the same function as stated interest, concededly ordinary income and not a capital asset; it is simply 'compensation for the use or forbearanc

the author's tangible expression of his ideas

The original jurisdiction of this court cannot be extended by Congress to any other cases than those expressly defined by the Constitution.

As no one appears to argue the motion on the part of the state of New York, and the precedent for granting the process has been established upon very grave and solemn argument, in

It is admitted that the service of process, or notice, is necessary to enable a Court to exercise jurisdiction in a case; and if jurisdiction be taken where there has been no servi

the circuit courts of the United States have no jurisdiction in original cases of mandamus, and have only power to issue such writs in aid of their jurisdiction in cases already pe

while the articles imported remained the property of the importer in his warehouse in the original forms or packages in which they were imported, a tax upon them was too plainly a

whenever the main purpose and object of the promissor is not to answer for another, but to subserve some pecuniary or business purpose of his own, involving either a benefit to him

the sentence of probation imposed at the initial sentencing.

an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government before f

in the case of an Original proper to the action, that is never necessary, because if the declaration was in Assumpsit, the original would shew it was issued in case: if the declara

the origin and character of the claim with respect to which an expense was incurred, rather than its potential consequences upon the fortunes of the taxpayer, is the controlling ba

the proper test for determining whether litigation expenses are capital expenditures is the inquiry whether the origin of the claim litigated is in the process of acquisition itsel

an absence that the defendant desired, as compared to an absence that the defendant caused." "Post," at 2701-2702 (emphasis added).

Sale, necessarily signifying a legal sale by a competent authority, is a disposition, final and irrevocable, of the land. The phrase 'or otherwise disposed of' must signify some di

adoption of resolutions or platforms outlining the philosophy [of the Party]" and rules governing its internal operation.

any case in which the worker does not wish to accept the compensation offered in subsections (1) to (20), but elects to bear the burden of proving the difference between his wages

the tug is solely responsible, as where the tug, under the charge of her own master and crew, undertakes to transport another vessel from one point to another, which, for the time

federal collateral review, state prisoners whose federal claims have been dismissed for nonexhaustion will simply add to the 1-year limitations period the time they previously spen

all coloring matter; at least, all of the nature of those named; and hence the addition of any coloring matter would produce only a natural, and not an artificial, coloration, and

reducing the base offense levels for all crack amounts proportionally (using the new 18-to-1 ratio), including the offense levels governing small amounts of crack that did not fall

The term 'other moneyed capital,' in the restriction, is not intended to include all moneyed capital not invested in national bank shares, but only that which is employed in such w

an equitable decree of restitution would be within the section if it was reasonably appropriate and necessary to enforce compliance with the Act and effectuate its purposes.

payments ejusdem generis with 'rentals,' such as taxes, insurance, interest on mortgages, and the like, constituting liabilities of the lessor on account of the leased premises whi

private individuals not acting in association with federal officers can be drawn from the fact that the 'color of authority' provision of the Civil Rights Act of 1866 was carried f

property other than stock or securities of the reorganized corporations

the language of the 'other reason' clause, for all reasons except the five particularly specified, vests power in courts adequate to enable them to vacate judgments whenever such a

property of an intangible, or special nature subject to a property tax.

to the contrary" in the course of arguing that a doctor's instruction to take medication " 'in the morning' " would supersede an instruction on the medication label to "'take [it]

Congress must have felt that aliens who evaded quota restrictions by fraud would be 'otherwise admissible at the time of entry' or it would not have found it necessary to provide f

the consequences of an action rather than the actor's intent.

The phrase 'otherwise qualified by law to vote' obviously meant that Negroes must possess the qualifications required of all voters by valid state or federal laws.

extending the penal provisions of the statute to all writings of every class if forged for the purpose of obtaining money from an officer of the United States

a system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindica

An entry by one man on the land of another, is an ouster of the legal possession arising from the title, or not, according to the intention with which it is done; if made under cla

The possession of one tenant in common, is prima facie the possession of his companion; and the possession of the one can never be considered as adverse to the title of the other,