Definitions from Case Law

activities that are not covered in tribes' contracts, including "improvements in health care facilities." Ibid.

by the revision to do more than to eliminate the uncertainty deriving from the words 'employer' and 'employee' and thereby to extend to railroads the same protections which other e

any authoritative decision." Ante, at 7, 8.

The phrase is comprehensive and means that if the forbidden effect or tendency is produced in one out of all the various lines of commerce, the words 'in any line of commerce' lite

that, in order to obtain judicial review, each of the enumerated parties must be "aggrieved by a final decision under subsection (c)." This implies, in turn, that each party may se

the common-law grounds of prejudice, malice, and the like, and, if so, what would be the rights and remedies of an indicted person who had had no opportunity to challenge a given j

anything less than the Court's interpretation, then the technical amendments, again contrary to their stated purpose, made important substantive changes to § 307(b)(1).

only law enforcement officers acting in a customs or excise capacity.

any person not identified as a PRP in §§107(a)(1)-(4).

terms imposed by state courts (internal quotation marks omitted)).

all persons and not merely those who by § 1 are required to register and pay the tax.

the whole human race.

among others, Porto Rico, the Philippines and the Virgin Islands." The Department thus sought to introduce a qualification as to the significance of ' foreign country ' not found i

physical things, as the Court recognized when it previously considered Fidel Castro's expropriations and noted that the Cuban Government "nationalize[d] by forced expropriation pro

breadth of coverage," we held that "wages" means remuneration for "the entire employer-employee relationship"; in other words, "wages" embraced pay for active service plus pay rece

the very statute in which this statement was contained.

the bonds mentioned in the introductory part of the sentence, that is, to bonds for duties which have become payable, and are not paid.

In differentiating between operations over the 'route or routes' for which an application under the 'grandfather clause' is made as against operations 'within the territory', Congr

a corporation resulting from a reorganization and includes both corporations in the case of an acquisition by one corporation of at least a majority of the voting stock and at leas

external clothing, external habiliments or array, and a person's outer clothing.

Where one, without objection, suffers another to do acts which proceed upon the ground of authority from him, or by his conduct adopts and sanctions such acts after they are done,

An appeal is not a new suit in the appellate court, but a continuation of the suit in the court below, a proceeding in the original cause, and the suit is pending until the appeal

the mere direction of the court to the witnesses to answer the questions put to them and to produce the written evidence in their possession is not a final decision; ... it more ap

But the answer to the objection is, that the suit in the district court is to be regarded as an original proceeding; the removal of the transcript, papers, and evidence into it fro

As there was no action by the district court, except the entry of the mandate upon its records, the appeal brings before us only, that which was transmitted to the district court b

The majority of the court is clearly of opinion, that in admiralty cases an appeal suspends the sentence altogether; and that it is not res adjudicata until the final sentence of t

a narcotic drug by statute, Ky.Rev.Stat. § 218.010(14) (1962), and that unlicensed possession or compounding of it is a felony punishable by both fine and imprisonment.

the appeal was taken, in the sense of the act, when the defeated party in the Court of Claims signified, by his motion for the allowance of an appeal, his desire to take one

The limitation has the same effect as if written in the statute, and the allowance of an appeal on certificate cannot operate as an adjudication that it is taken in time. ... No ap

qualities of the material itself: the capacity to attract individuals eager for a forbidden look.

An appeal brings up questions of fact as well as of law, but upon a writ of error only questions of law apparent on the record can be considered, and there can be no inquiry whethe

Persons by becoming suitors do not place themselves for all purposes under the control of the court.

justice must satisfy the appearance of justice.

the main of general transmission and transformation properties, and local distributing plants.

in all cases where a Circuit Court of the United States has, in the exercise of its original jurisdiction, caused a prisoner to be brought before it, and has, after inquiring into

It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that case.

The district court, as a court of original jurisdiction, has general jurisdiction of all causes of admiralty and maritime jurisdiction, without reference to the sum or value of the

The appellate jurisdiction of this Court, in cases decided in the State Courts, is very special and limited in its character... We can re-examine so much, and such parts of it only

This court has no jurisdiction, under the 25th section of the judiciary act of 1789, but in a case where a final judgment or decree has been rendered in the highest court of law or

In order to give this court jurisdiction, under the 25th section of the act of 1789, it is not sufficient, that the construction of the act of congress, or the validity of the righ

The appellate power, it will be observed, is conferred on this court in all cases or suits in which such a question shall arise. It is not confined to suits in the inferior courts

The question before an appellate Court is, was the judgment correct, not the ground on which the judgment professes to proceed.

capable of being applied: having relevance" or "fit, suitable, or right to be applied: appropriate." Webster's Third New International Dictionary 105 (2002).

necessary to fll a gap in federal law," it is hard to imagine circumstances in which "not inconsistent" would add anything to the statute, for a state law would rarely be Cite as:

the law as changed by the Fair Sentencing Act, including the provision reducing the crack mandatory mínimums.

laws outside the Act.

the period specified in a statute of limitations during which a civil action referred to in subsection (a)(1) of this section may be brought.

state law" in § 541(c)(2), since consistency of usage within the same statute is to be presumed.

the percentage determined by dividing the number of eligible beneficiaries assigned under section 9706 to such operator by the total number of eligible beneficiaries assigned under

any amount which is recovered from a fiduciary or other person with respect to a breach or violation described in paragraph (1).

petition, appeal from the denial of a petition, and anything else that functions as an appeal." Second, California's procedures are very different from those in other States.

A person owing money under distinct contracts has undoubtedly a right to apply his payments to whichever debt he may choose; and, although prudence might suggest an express directi

simply applying an old organization to a new use, which is not a patentable subject

The statute is plainly broad enough on its face to cover the sale of influence in connection with an office which had been authorized by law and which, at the time of the sale, mig

The purpose of state statutes requiring the appointment by foreign corporations of agents upon whom process may be served is primarily to subject them to the jurisdiction of local

To apportion is to 'divide and assign in just proportion,' 'to distribute among two or more a just part or share to each

the Equal Protection Clause does not require the States to use total population figures derived from the federal census as the standard by which this substantial population equival

the plaintiff must 'give evidence tending to separate or apportion the defendant's profits and the patentee's damages between the patented feature and the unpatented features, and

One who attacks a formula of apportionment carries a distinct burden of showing by 'clear and cogent evidence' that it results in extraterritorial values being taxed.

What was required was only 'reasonable approximation' which usually may be attained 'through the testimony of experts and persons informed by observation and experience'... The res

An arbitration implies a difference, a dispute, and involves ordinarily a hearing and all thereby implied. The right to notice of hearings, to produce evidence and cross-examine th

it is enough if some appreciable part of interstate commerce is the subject of a monopoly, a restraint or a conspiracy

The glide path for the northeast runway is as necessary for the operation of the airport as is a surface right of way for operation of a bridge, or as is the land for the operation

of exacting state compliance with the Civil War Amendments.

The statutory purpose [of § 9(c)] rather is to provide for a hearing in which interested parties shall have full and adequate opportunity to present their objections before the Boa

The McCulloch v. Maryland standard is the measure of what constitutes 'appropriate legislation' under § 5 of the Fourteenth Amendment. Correctly viewed, § 5 is a positive grant of

monetary damages, our precedents would relieve any doubt.

The term appropriation is of the broadest import: it includes all taking and use of property by the army or navy, in the course of the war, not authorized by contract with the gove

It is decided that a statute which fixed the annual salary of a public officer at a designated sum without limitation as to time is not abrogated or suspended by subsequent enactme

An appropriation bill is one the primary and specific aim of which is to make appropriations of money from the public treasury.

the first person who acts toward the diversion of water from a natural stream and the application of such water to a beneficial use has the first right, provided he diligently cont

all the courts agree. It is this:—'That the party paying may direct to what the application is to be made. If he waives his right, the party receiving may select the object of appr

To appropriate water means to take and divert a specified quantity thereof and put it to beneficial use in accordance with the laws of the state where such water is found, and, by

It is a well-known constitutional provision, that no money can be taken or drawn from the Treasury except under an appropriation by Congress. ... However much money may be in the T

that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general

A thing corporeal cannot properly be appurtenant to a thing corporeal, nor a thing incorporeal to a thing incorporeal… according to this rule, land cannot be appurtenant to land… a

everything essential to the beneficial use and enjoyment of the property designated is, in the absence of language indicating a different intention on the part of the grantor, to b

a thing used with and related to or dependent upon another thing more worthy, and agreeing in its nature and quality with the thing whereunto it is appendant or appurtenant.

An order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretatio

an arbitrator is confined to interpretation and application of the collective bargaining agreement; he does not sit to dispense his own brand of industrial justice. He may of cours

to mean an act done 'without adequate determining principle; not founded in the nature of things; not done or acting according to reason or judgment'; "an unnecessary "act.

It would be arbitrary, in the proper sense of the term, for an official to act in the teeth of a statute or stubbornly to refuse to act at all where a statute commands action, but

An order based upon a finding made without evidence, or upon a finding made upon evidence which clearly does not support it, is an arbitrary act against which courts afford relief.

What has been ordered must appear to be 'so entirely at odds with fundamental principles of correct accounting' as to be the expression of a whim rather than an exercise of judgmen

the court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment. Although this inquiry into t

An ordinance which commits to a board, committee, or single official the power to make an arbitrary classification for purposes of taxation would meet neither the requirement of du

[T]his provision is to be construed, in the light of the well-established rule in analogous cases, as merely giving the court authority to determine whether, upon the facts and law

A finding without substantial evidence to support it—an arbitrary or capricious finding—does violence to the law. It is without the sanction of the authority conferred.

The remedy by arbitration, whatever its merits or shortcomings, substantially affects the cause of action created by the State. The nature of the tribunal where suits are tried is

A stipulation in a policy to refer all disputes to arbitration stands upon a different footing. That is held invalid, because it is an attempt to oust the courts of jurisdiction by

Arbitration provisions, which themselves have not been repudiated, are meant to survive breaches of contract, in many contexts, even total breach

a private extraordinary judge chosen by the parties who have a matter in dispute, invested with power to decide the same. In order to clothe a person with the authority of an arbit

Arbitrators are judges chosen by the parties to decide the matters submitted to them, finally and without appeal. As a mode of settling disputes, it should receive every encouragem

A contract which provides for the work on a building to be performed in the best manner and the materials of the best quality, subject to the acceptance or rejection of an architec

the area of effective competition in the known line of commerce must be charted by careful selection of the market area in which the seller operates, and to which the purchaser can

area' calls for delimitation of territory in relation to the complicated economic factors that operate between agricultural labor conditions and the labor market of enterprises con

a union is a 'labor organization' for § 8(b) purposes whenever a reasonably arguable case is made to that effect

the present time or time to come, but cannot, with any propriety, relate to time past, and embrace former transactions.

claims, not suits.

employment includes not only the actual doing of the work, but a reasonable margin of time and space necessary to be used in passing to and from the place where the work is to be d