Definitions from Case Law

post exchanges as now operated are arms of the government deemed by it essential for the performance of governmental functions. They are integral parts of the War Department, share

a patentee's use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se. If that device were available to patentees, the free market visua

The courts may not accept appellate counsel's post hoc rationalizations for agency action; Chenery requires that an agency's discretionary order be upheld, if at all, on the same b

the practice of placing the writ on the property by use of a thumbtack, adhesive tape, or other means.

The purpose of the posting of the hours of labor is to secure certainty in the observance of the law, and to prevent the defeat or circumvention of its purpose by artful practices.

Posting, however, was not essential to make rates legally operative, and was required only as a means of affording special facilities to the public for ascertaining the rates actua

The distinction between the relation of a post-master to his sworn assistant acting under him, and between master and servant generally, has long been settled; and although the lat

railway depots or stations; that when a depot or station was established upon the Pacific road, as its construction advanced westwardly, such point became a post or station within

present and concrete effects, not effects based only on speculation as to what "might" happen at some time in the future.

Unsuccessful bidders are no less competitors than the successful one. The presence of two or more suppliers gives buyers a choice.

the acidity of the soil.

We cannot agree with the court below that one must be absolutely destitute to enjoy the benefit of the statute. We think an affidavit is sufficient which states that one cannot bec

in every case in which this doctrine was invoked and due process was found wanting, the prisoner sustained the burden of proving, or was prepared to prove but was denied opportunit

By the phrase 'coupled with an interest,' is not meant an interest in the exercise of the power, but an interest in the property on which the power is to operate. ... Taylor was to

this power of the trustees is not a general power but a power in trust exercisable as fiduciaries to carry out the purposes of the trust.

Personal property over which one has the power of appointment is not the property of the donee, but of the donor of the power. The appointee takes, not as the legatee of him who ap

while the feoffment of an idiot, or lunatic, is only voidable, his deed, and especially his power of attorney, are wholly void. A power of attorney executed by an insane person, or

Not only does the Constitution (art. 4, §3, cl. 2) commit to Congress the power 'to dispose of and make all needful rules and regulations respecting' the lands of the United States

That Congress, in exerting its power concerning the mails, has the comprehensive right to classify which it has exerted from the beginning, and therefore may exercise its discretio

Such an outstanding power residing exclusively in a donor to recall a gift after it is made is a limitation on the gift which makes it incomplete as to the donor as well as to the

The power of eminent domain can hardly be said to fall in that category [private property]. It is not a personal privilege; it is a special authority impressed with a public charac

It has a power of inquisition, if one chooses to call it that, which is not derived from the judicial function. It is more analogous to the Grand Jury, which does not depend on a c

Without the subpoena that power [to gather data and make investigations] is in effect a power of inspection at the employer's place of business to be exercised only on his consent.

the power of regulating the militia, and of commanding its services in times of insurrection and invasion, are (as it has been emphatically said they are) natural incidents to the

a power to a trustee to sell at public auction, after a certain public notice of the time and place of sale, includes the power regularly to adjourn the sale to a different time an

The power of taxation should not be confused with the power of eminent domain. Each is governed by its own principles.

The powers of the cashier of a bank are such as are incident to, and implied in, his official character, as generally understood, as cash keeper, cash receiver, or payer, as negoti

The powers of the agent are, prima facie, coextensive with the business intrusted to his care, and will not be narrowed by limitations not communicated to the person with whom he d

express powers; any other mode of construction would do violence to the whole instrument, and overturn a whole series of decisions.

The power to coin money being thus given to Congress, founded on public necessity, it must carry with it the correlative power of protecting the creature and object of that power.

The power to require testimony is limited, as it usually is in English-speaking countries, at least, to the only cases where the sacrifice of privacy is necessary,—those where the

it is a general principle, that a power to convey lands must possess the same requisites, and observe the same solemnities, as are necessary in a deed directly conveying the lands.

the existence of power 'to exclude competition when it is desired to do so' is itself a violation of § 2, provided it is coupled with the purpose or intent to exercise that power.

From the beginning of the government, various acts have been passed conferring upon executive officers power to make rules and regulations,—not for the government of their departme

The possession of authority to enact the statute must be found in the clauses of the Constitution giving Congress power 'to declare war; * * * to raise and support armies, but no a

The word 'regulate' is one of broad import. It is the word used in the Federal Constitution to define the power of Congress over foreign and interstate commerce, and he who reads t

The power to regulate commerce is the power 'to prescribe the rule by which commerce is to be governed'. It extends not only to those regulations which aid, foster and protect the

An adjustment of this sort under a power to regulate rates has to steer between Scylla and Charybdis. On the one side, if the franchise is taken to mean that the most profitable re

the profession of an attorney is of great importance to an individual, and the prosperity of his whole life may depend on its exercise. The right to exercise it ought not to be lig

the power to revest or to revoke an existing estate is discretionary with the donor

There is an essential difference between a power to revoke, alter, or amend, and a condition which the law imposes. The general rule is that all parties in interest may terminate t

A trial judge indisputably has broad powers to ensure the orderly and expeditious progress of a trial. For this purpose, he has the power to revoke bail and to remit the defendant

The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself,

in substance a power to terminate is the equivalent of a power to revoke

feasible," that is, "possible to practice or perform" or "capable of being put into practice, done, or accomplished." Web *641 ster's Third New International Dictionary 1780 (1961)

The practical interpretation which the parties, by their conduct, have given to a written instrument in cases like this, is always admitted, and is entitled to weight. There is no

The situation, therefore, calls for the application of the settled rule that the practical interpretation of an ambiguous or uncertain statute by the executive department charged w

The appropriate test would turn on practical ownership of the property rather than the naked legal title. This is the more necessary with respect to public property where the recor

The general requirement that losses be deducted in the year in which they are sustained calls for a practical, not a legal, test. The standard for determining the year for deductio

a "`practice' in connection with the fixing of rates to be charged and prescribing of service to be rendered by the carriers." "Id.," at 257 , 51 S.Ct. 458 .

registration in the Patent Office does not authorize the general practice of patent law, but sanctions only the performance of those services which are reasonably necessary and inc

the practice seems to be well settled, that in suits against a state, if the state shall refuse or neglect to appear, upon due service of process, no coercive measures will be take

Such practice is a privilege granted by the State under its substantially plenary power to fix the terms of admission.

a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdict

It prays for a conveyance of the legal title from those who may possess it, and also prays for general relief. This last prayer entitles the plaintiff to any relief which may be gr

the prayer does not constitute a part of the notice guaranteed by the Constitution. The facts stated fix the limit of the relief that can be granted. While the judgment must not go

A preamble cannot annul enacting clauses; but, when it evinces the intention of the legislature and the design of the act, it enables us, in cases of two constructions, to adopt th

The preamble in the act may be resorted to, to aid in the construction of the enacting clause, when any ambiguity exists.

a test case in the legal sense," "a case which they refer to as a precedent." He further testified that the German words translated above simply as the English "if he can" may be f

pricing below an appropriate measure of cost for the purpose of eliminating competitors in the short run and reducing competition in the long run.

The predisposition and criminal design of the defendant are relevant. But the issues raised and the evidence adduced must be pertinent to the controlling question whether the defen

The principle is thoroughly established that the exercise by the state of its police power, which would be valid if not superseded by federal action, is superseded only where the r

When an activity is arguably subject to § 7 or § 8 of the Act, the States as well as the federal courts must defer to the exclusive competence of the National Labor Relations Board

the right of pre-emption, designated for the benefit of agriculturists, could not be regarded as applicable to residents within the bounds of an incorporated city or town.

The claim of a pre emption is not that shadowy right which by some it is considered to be. Until sanctioned by law, it has no existence as a substantive right. But when covered by

The land law of Virginia, under which all parties claim, makes a pre-emption warrant superior to a treasury warrant, whenever they interfere with each other, unless the holder of t

the conscious participation of the creditor and debtor in the same intent.

something more than passive non-resistance of an insolvent debtor to regular judicial proceedings, in which a judgment and levy on his property are obtained, when the debt is due a

That a debtor has a right to prefer one creditor to another cannot be denied, and that his private motives for giving this preference, provided the preferred creditor has done noth

The right of a debtor to prefer particular creditors, where no bankrupt or other law prohibiting such preference exists, is not questioned. Yet, such preference defeats all other c

a preference or rebate is the necessary result of every violation of § 6(7) where the carrier renders or pays for a service not covered by the prescribed tariffs

the preference right of purchase given the lessee by the Act was merely the preference of purchasing the land in the condition in which it might be when and if the State chose to s

Such preferential payments are mere incidents to the judicial administration of a fund. They are not to be explained in terms of equitable liens in the technical sense, as is the c

To constitute a preferential transfer within the meaning of the bankruptcy act there must be a parting with the bankrupt's property for the benefit of the creditor, and a consequen

(1) a lien arising prior in time to the recording and indorsement of a preferred mortgage in accordance with the provisions of this chapter; or (2) a lien for damages arising out o

[A] valid mortgage which shall in addition have, in respect to such vessel and as of the date of the compliance with all the provisions of this subdivision, the preferred status gi

Freedom of press, freedom of speech, freedom of religion are in a preferred position

that condition of a woman from the date of conception to the birth of her child."118 * * * District of Columbia (1901): Sec. 809.

§ 10(b)(3) does not foreclose pre-induction judicial review in that rather rare instance where administrative action, based on reasons unrelated to the merits of the claim to exemp

A prejudgment garnishment of the Wisconsin type is a taking which may impose tremendous hardship on wage earners with families to support.

correcting the alleged error would have produced a "substantial" likelihood of a different result.

prejudice to a party," as opposed to the prejudicial effect of the revelation of a prior conviction to the witness' own reputation.

By waiving preliminary examination, a defendant waives no more than the right which this examination was intended to secure him—the right not to be held in the absence of a finding

A preliminary hearing is ordinarily a much less searching exploration into the merits of a case than a trial, simply because its function is the more limited one of determining whe

A preliminary injunction is always appropriate to grant intermediate relief of the same character as that which may be granted finally.

a '"cash premium",' and the word 'capital' a 'fund' "absolutely" devoted (like a stock capital) to the payment of the debts of the corporation, and not "merely subject to the payme

the sum of the premium assistance amounts determined under paragraph (2) with respect to all coverage months of the taxpayer occurring during the taxable year," § 36B(b)(1) ; and t

the condition in a policy of life insurance that the policy shall cease if the stipulated premium shall not be paid on or before the day fixed is of the very essence and substance

The value of this 'perpetual feature' may be called the premium value of the warrants as distinguished from their investment value. It takes into account such possibilities as that

The first is the sum paid down before the contract is entered into; the second, the occasional contribution exacted of individuals to make up the losses from time to time sustained

The law does not proceed upon the notion, that provisions or equipments which are adapted to ordinary voyages, are not within the forfeiting clause, if they are intended for carryi

the completed article as prepared for final use by the treatment set forth in the specification; and the claim is one for the treatment or process by which rawhide is put into the

The true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, 'the divine right of doing ill.

One of the prerogatives of American citizenship is the right to criticize public men and measures—and that means not only informed and responsible criticism but the freedom to spea

Specific rates prescribed for the future take the place of the legal tariff rates theretofore in force by the voluntary action of the carriers, and themselves become the legal rate

long acquiescence in the possession of territory, and in the exercise of dominion and sovereignty over it, is conclusive of the nation's title and rightful authority

Whether prescription goes only to the remedy or extinguishes the right, it affects the jurisdiction no more than any other defense. When a court has general jurisdiction to try the

unlike an individual its 'presence' without, as well as within, the state of its origin can be manifested only by activities carried on in its behalf by those who are authorized to

It is present advocacy, and not an intent to advocate in the future or a conspiracy to advocate in the future once a groundwork has been laid, which is an element of the crime unde

Presentence reports are documents which the rule does not make available to the defendant as a matter of right. There are no formal limitations on their contents, and they may rest