Definitions from Case Law
U.S. Supreme Court case-identified definitions — browse every term in this dictionary, A–Z.
Showing the 9,006 terms defined in Definitions from Case Law. Browse all dictionaries
Titles which were perfect before the cession of the Territory to the United States, continued so afterwards, and were in nowise affected by the change of sovereignty. Perfect title
A perfect was is that which destroys the national peace and tranquility, and lays the foundation of every possible act of hostility
Broadcasters perform. Viewers do not perform. CATV falls on the viewer's side of the line. Essentially, a CATV system no more than enhances the viewer's capacity to receive the bro
- performancedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)
any play, dance or exhibit shown or presented to an audience of one or more persons.
where a dramatic performance has been allowed by the author to be acted at a theater, no person has a right to pirate such performance, and to publish copies of it surreptitiously;
the surface damage in hold No. 3, 'This damage was concededly caused by a peril of the seas.
These words include risks arising from natural accidents peculiar to the river, which do not happen by the intervention of man, nor are to be prevented by human prudence; and have
- perils of the seadefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Abbott (1879)
The variation in the significance of 'seaworthy,' as shown by the above authorities, when caused by exceptional circumstances known to both parties, applies as well to the meaning
a stated interval of time commonly thought of in terms of years, months, and days.
the twenty-four months (except that in the case of tobacco it shall be the twelve months) immediately preceding the effective date of the processing tax, and the six months, Februa
The noun 'periodical,' according to the nice shade of meaning given to it by popular speech, conveys at least a suggestion, if not a promise, of matter on a variety of topics, and
when used to designate an act to be done, or to be begun, though its completion may take an uncertain time, as, for instance, the act of exportation, it must mean the day on which
the effect of the period of limitations as a time bar." See id., at 18 ("Section 1367(d) .
The definition given in subsection 2 of section 101 to the words 'period of military service' makes the words used in section 302 mean that part of the military service which follo
- perjurydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
The crime of perjury is complete when the oath is taken with the necessary intent, although the false affidavit is never used.
The definition of perjury at common law, as given by Hawkins, is, 'a wilful, false oath, &c. in any procedure in a course of justice.' This offence may be commited in depositions,
the term 'permanent alimony' as used in the decree of the Georgia court means a final provision for the minor child
that which is continuing as opposed to what is temporary.
a fixed place of business through which the business of an enterprise is wholly or partly carried on ....
This nuisance has at all times been removable by the device of secondary treatment of the sewage. It may be hereafter abated at any time by the state health authorities requiring s
It does not follow that an employer, guilty of no act denounced by the statute, has lost the right to protect and continue his business by supplying places left vacant by strikers.
A discretion to make regulations to guide supervisory action in such matters may be constitutionally permissible while it might not be allowable to authorize creation of new crimes
a charge designed only to make the user of state-provided facilities pay a reasonable fee to help defray the costs of their construction and maintenance may constitutionally be imp
permissive appeals which may be had not as of right but only in the discretion of the Circuit Court of Appeals
[A] unilateral mid-term modification of a permissive term ... does not ... violate § 8(d). ... The remedy for a unilateral mid-term modification to a permissive term lies in an act
a permit to operate a denaturing plant is not a permit to manufacture liquor within the meaning of section 6 of the National Prohibition Act; such a permit authorizes the holder to
By the conveyance from Levi Sheftall to James Gairdner, Edwin Gairdner, and Robert Mitchel, each acquired a fee simple in one third of the property in question. In legal language t
where the grant to a corporation of a franchise to construct and operate its road is not, by its terms, limited and revocable, the grant is in fee.
continuous succession during the life of the charter only.
Only a per se exclusionary rule as to such testimony can be an effective sanction to assure that law enforcement authorities will respect the accused's constitutional right to the
Once the manufacturer has parted with title and risk, he has parted with dominion over the product, and his effort thereafter to restrict territory or persons to whom the product m
[S]earches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment—subject only to a few specifica
There are certain agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and
there are certain agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and
agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal
- persondefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
an individual, a trust or estate, a partnership, or a corporation.
The church was capable of receiving endowments of land, and that the minister of the parish was, during his incumbency, seized of the freehold of its inheritable property, as empha
a stockholder having a substantial financial or economic interest distinct from that of the corporation which is directly and adversely affected by an order of the Commission, irre
one must have been a victim of a search or seizure, one against whom the search was directed, as distinguished from one who claims prejudice only through the use of evidence gather
It is fundamental that these cases concern rights which are personal and present.
an individual employed " by the customer " to provide ...
other matters of personal baggage not used as clothing.
in accord with common judicial parlance and conceptions, see Black's Law Dictionary 786 (6th ed. 1990); S. Speiser, C. Krause, and A. Gans, The American Law of Torts 6 (1983), nonp
defamation, as it would be to believe that the first part of the phrase "five feet, two inches" refers to pedal extremities.
primarily an injury to the body of a person.
The ship 'from the moment her keel touches the water' becomes 'a subject of admiralty jurisdiction'; she acquires personality; she becomes competent to contract, is individually li
Personal judgments thus rendered have no operation out of the limits of the State where rendered. Their effects are merely local. Out of the State they are nullities, not binding u
The established general rule is that any personal judgment which a state court may render against one who did not voluntarily submit to its jurisdiction, and who is not a citizen o
pledges the liability or guarantee of the stockholders, to the extent of their stock, to the creditors of the company, and to which pledge or guarantee the stockholders, by subscri
The first pre-supposes a personal communication with the enemy, and an avowed intention of furthering his objects, to the exclusion of the general trade by other merchants to the s
Personal notice to the defendant is indispensable to sustain the validity of a judgment, and to authorize subsequent proceedings under it... Nor is the necessity of such notice obv
- personal propertydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
goods, chattels, evidences of debt, and things in action.
While the suit thereon must be brought by the personal representative of the employee, he sues as trustee for the person or persons on whose behalf the act authorizes recovery.
the administrator.
the inability of an alien enemy to sue or to sustain, in the language of the civilians, a persona standi in judicio
only a statutory employee who has a claim that, aside from the requirements of § 33(g), would be recognized as valid.
(1) with respect to a nuclear incident occurring within the United States.
knowingly providing a person "to work under that terrorist organization's direction or control or to organize, manage, supervise, or otherwise direct the operation of that organiza
only records relating to issues of employee relations and human resources.
the right of action is given to the person or persons owning the exclusive right at the time the infringement is committed. Subsequent sale and transfer of the exclusive right are
nonregistrants" when introducing the other subsections.
The Act states those whose collective activity is privileged under it; that enumeration is limited in quite specific terms to producers of agricultural products. These limitations
there is no principle of international law by which citizens are excepted out of an agreement to surrender 'persons,' where no such exception is made in the treaty itself. Upon the
[T]he records called for by the subpoena were not 'plainly incompetent or irrelevant to any lawful purpose (of the Subcommittee) in the discharge of (its) duties,' but, on the cont
The matter for determination in this case was whether the facts called for by the question were so related to the subjects covered by the Senate's resolutions that such facts reaso
When a dealer chooses to engage in this pervasively regulated business and to accept a federal license, he does so with the knowledge that his business records, firearms, and ammun
herbicides, insecticides, fungicides, rodenticides, and plant regulators.
Ordinarily, a petition for rehearing is for the purpose of directing attention to matters said to have been overlooked or mistakenly conceived in the original decision, and thus in
As the prayer of the petition is grantable ex debito justitiae, it is called a petition of right, and is a judicial proceeding, to be tried like suits between subject and subject.
the petitory action is a proceeding at law for the recovery of property, and can be maintained in the courts of the United States only where the right of possession can be shown, a
Originally, the court of admiralty in England entertained jurisdiction of petitory as well as mere possessory actions. Since the Restoration, that court, through the jealous interf
there may be many offenses called 'petty offenses' which do not rise to the degree of crimes within the meaning of article 3, and in respect of which Congress may dispense with a j
all offenses the penalty for which does not exceed confinement in a common jail, without hard labor for a period of six months, or a fine of not more than $500, or both, shall be d
there is included in the delivered price on shipments from Kansas City an amount of 'freight' which usually does not correspond to freight actually paid by petitioners. When the ac
the material object in which the sounds are first fixed." "Ibid." Moreover, "[a] work is 'fixed' in a tangible medium of expression when its embodiment in a copy or phonorecord, by
convictions based on eyewitness identification at trial following a pretrial identification by photograph will be set aside on that ground only if the photographic identification p
the development of an altered physiological state which is brought about by the repeated administration of the drug and which necessitates continued administration of the drug to p
violent "force — that is, force capable of causing physical pain or injury to another person.
any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sen
compensation because of the unique burden they impose: A permanent physical invasion, however minimal the economic cost it entails, eviscerates the owner's right to exclude others
The chief policy of the statute, as we regard it, is to encourage full and frank disclosures to the medical adviser, by relieving the patient from the fear of embarrassing conseque
Picketing by an organized group is more than free speech, since it involves patrol of a particular locality and since the very presence of a picket line may induce action of one ki
Piers and docks were consistently deemed extensions of land; injuries inflicted to or on them were held not compensable under the maritime law.
- pilotagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
Pilotage is compensation for services performed.
although state laws concerning pilotage are regulations of commerce, they fall within that class of powers which may be exercised by the states until Congress shall see fit to act.
The term pilots is equally applicable to two classes of persons,— to those whose employment is to guide vessels in and out of ports, and to those who are intrusted with the managem
The distinction between pioneer inventions permitting a wide range of equivalents and those inventions of a narrower character, which are limited to the construction shown, has bee
There the patent was a pioneer patent and the combination was of elements which were novel and neither of which possessed utility without the other. Each element was necessary to t
- Piracydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In England, if piracy was committed by a subject, it was held a species of treason, being contrary to his allegiance by the ancient common law; if by an alien, it was held to be fe
general piracy, or murder, or robbery, committed in the places described in the 8th section, by persons on board of a vessel not at the time belonging to the subjects of any foreig
- Piratedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
Whence is it that pirates have not the rights of war? Is it not because they act without authority and commission from their sovereign?
The whole transaction taken together, demonstrates that the Norberg was not captured jure belli, but seized and carried into Savannah animo furandi. It was not a belligerent captur
- placedefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
A beach area may be a 'place' in the sense of §1700(a)(1). A payment made by patrons as the condition of admittance to a specific area with definite physical limits constitutes a f
The statutory language 'place of entertainment' should be given full effect according to its generally accepted meaning and applied to recreational areas.
They relate to the principal dwelling place of a person
The place of payment in a promissory note, or in an acceptance of a bill of exchange, is always matter of arrangement between the parties for their mutual accommodation, and may be
the child's country of residence, especially in light of the Convention's explicit purpose to prevent wrongful removal across international borders.
ground within defined boundaries which contains mineral in its earth, sand, or gravel; ground that includes valuable deposits not in place, that is, not fixed in rock, but which ar
suits in equity shall not be sustained in either of the Courts of the United States in any case where plain, adequate, and complete remedy can be had at law... does not apply where
In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken,