Definitions from Case Law

Rough guesses, approximations, or even the relatively accurate valuations on which the market place might be willing to act are not sufficient. The test of present ascertainability

Only where the conditions on which the extent of invasion of the corpus depends are fixed by reference to some readily ascertainable and reliably predictable facts do the amount wh

it is the present membership, or present affiliation—a fact to be determined on evidence—which bars admission, bars naturalization, and requires deportation.

In cases where the drawee accepts the bill, generally, in order to charge the drawer or indorser, the holder must present the paper, when due, at his place of business, if he has o

one that had not only been acquired pursuant to state law but as one that had also been exercised by the diversion of water and its actual application to a specific area of land.

perfected rights, as here defined, existing as of June 25, 1929, the effective date of the Boulder Canyon Project Act.

The rights here asserted are, like all such rights, present rights; they are not merely hopes to some future enjoyment of some formalistic constitutional promise. The basic guarant

The 'present standard of value' stood in contradistinction to a lower standard of value. The promise obviously was intended to afford protection against loss. That protection was s

In computing the damages recoverable for the deprivation of future benefits, the principle of limiting the recovery to compensation requires that adequate allowance be made, accord

the larger objective, common to arrangements, of operating the debtor's business with a view to rehabilitating it.

the election of presidential and vice-presidential electors.

The presidential electors exercise a federal function in balloting for President and Vice-President but they are not federal officers or agents any more than the state elector who

the authority to decide whether the exigency has arisen, belongs exclusively to the President, and that his decision is conclusive upon all other persons... Whenever a statute give

The liberty of the press is not confined to newspapers and periodicals. It necessarily embraces pamphlets and leaflets. These indeed have been historic weapons in the defense of li

the so-called presumption is not a true presumption, since it cannot be rebutted, and the statement itself is only another way of stating the rule of substantive law that a carrier

it is the general rule of American law that a grant will be presumed upon proof of an adverse, exclusive, and uninterrupted possession for 20 years, and that such rule will be appl

there are presumptions that are not evidence in a proper sense but simply regulations of the burden of proof

we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.

Fraud, it is said, will never be presumed, though it may be proved by circumstances. Now, where an act does not necessarily import fraud; where it has more likely been done through

We think, therefore, that the true and safe course is to abide by the rule of law, which, after a lapse of time, will presume payment of a debt, surrender of a deed, and extinguish

The rational ground for presumption is, when the conduct of the party out of possession cannot be accounted for without supposing that the estate has been conveyed to the party in

the public acts of public officers, purporting to be exercised in an official capacity, and by public authority, shall not be presumed to be usurped, but that a legitimate authorit

In determining whether the legislature, in a particular enactment, has passed the limits of its constitutional authority, every reasonable presumption must be indulged in favor of

Congress has established the opposite presumption of divisibility. ... Congress has thus said that the statute is not an integrated whole, which as such must be sustained or held i

The requisite economic power is presumed when the tying product is patented or copyrighted.

It is not established as matter of law that all persons indicted are men of good character... The meaning must be that character is not an issue in the case unless the prisoner cho

Judicial review of a final agency action by an aggrieved person will not be cut off unless there is persuasive reason to believe that such was the purpose of Congress.

It is undeniably true in pleading, that where a suit is instituted in a court of limited and special jurisdiction, it is indispensable to aver that the cause of action arose within

The presumption where a will is properly signed and executed is that the testator knows the contents. Where there is evidence of the practice of fraud or of undue influence, affirm

Where a peculiar obligation is cast upon a person to take care of goods intrusted to his charge, if they are lost or damaged while in his custody, the presumption is that the loss

one otherwise an infringer who assails the validity of a patent fair upon its face bears a heavy burden of persuasion, and fails unless his evidence has more than a dubious prepond

The principle upon which the presumption of payment arises from the lapse of time, is a reasonable principle, and may be rebutted by any facts which destroy the reason of the rule.

In respect to the mortgagee, who is seeking to foreclose the equity of redemption, the general rule is, that where the mortgagor has been permitted to retain possession, the mortga

The presumption of regularity supports the official acts of public officers, and, in the absence of clear evidence to the contrary, courts presume that they have properly discharge

Undoubtedly the presumption is in favour of the validity of every grant issued in the forms prescribed by law; and it is incumbent on him who controverts it, to support his objecti

A grant or a concession made by that officer, who is by law authorized to make it, carries with it prima facie evidence that it is within his power. No excess of them, or departure

The canon of construction which teaches that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United Sta

where the regulation is within the scope of authority legally delegated, the presumption of the existence of facts justifying its specific exercise attaches alike to statutes, to m

proof of one fact renders the existence of another fact "so probable that it is sensible and timesaving to assume the truth of [the inferred] fact .

a grant made by a governor, if authorized to grant lands in his province, is prima facie evidence that his power was not exceeded. The connexion between the crown and the governor

what is the nature of presumptive evidence? It only has the force of evidence whilst it remains uncontested.

In a criminal case, any private communication, contact, or tampering directly or indirectly, with a juror during a trial about the matter pending before the jury is, for obvious re

the pre-termination hearing has one function only: to produce an initial determination of the validity of the welfare department's grounds for discontinuance of payments in order t

pretext for discrimination," we think the sentence must be understood as addressing the form rather than the substance of the defendant's production burden: The requirement that th

state refusal of a request to engage counsel violates due process not only if the accused is deprived of counsel at trial on the merits, but also if he is deprived of counsel for a

gain victory by virtue of strength or superiority: win mastery: triumph.

the date of the Constitution or to the date of issuing the guaranty, the guaranty of 1868 is not and does not purport to be made for the redemption of a previous evidence of debt.

patented before the issue of the American patent, put themselves upon what is called the rule of literal, grammatical interpretation, and insist that such meaning is the necessary

The availability of a judicial remedy for abuses in the system of licensing still leaves that system one of previous restraint which, in the field of free speech and press, we have

The price is the total sum paid for the goods. The amount added because of the tax is paid to get the goods and for nothing else. Therefore it is part of the price.

A price discrimination is measured by the difference between the high price to one purchaser and the lower price to another.

Section 2(a) does not require a finding that the discriminations in price have in fact had an adverse effect on competition. The statute is designed to reach such discriminations '

Before an injured party can recover damages under the Act, he must be able to show a causal connection between the price discrimination in violation of the Act and the injury suffe

Prices are fixed when they are agreed upon. The fixing of prices by one member of a group pursuant to express delegation, acquiescence, or understanding is just as illegal as the f

The aim and result of every price-fixing agreement, if effective, is the elimination of one form of competition. The power to fix prices, whether reasonably exercised or not, invol

agreements or combinations between dealers, having for their sole purpose the destruction of competition and the fixing of prices, are injurious to the public interest and void. Th

Agreements for price maintenance of articles moving in interstate commerce are, without more, unreasonable restraints within the meaning of the Sherman Act because they eliminate c

if a manufacturer is unwilling to rely on individual self-interest to bring about general voluntary acquiescence which has the collateral effect of eliminating price competition, a

A drawee is required to be familiar with a drawer's signature; if therefore the drawee pays to an innocent presenter on a forged drawer's signature, it has been held that the drawe

the very meaning of 'prima facie' is that the Code cannot prevail over the Statutes at Large when the two are inconsistent

the shipper establishes his prima facie case when he shows delivery in good condition, arrival in damaged condition, and the amount of damages. Thereupon, the burden of proof is up

Where a registrant makes non-frivolous allegations of facts that have not been previously considered by his board, and that, if true, would be sufficient under regulation or statut

The statute gives prima facie effect to the findings of the Commission, and, when those findings are concurred in by the circuit court, we think they should not be interfered with

Prima facie evidence is sufficient evidence to outweigh the presumption of innocence, and if not met by opposing evidence, to support a verdict of guilty. 'It is such as, in judgme

This provision only establishes a rebuttable presumption. It cuts off no defense, interposes no obstacle to a full contestation of all the issues, and takes no question of fact fro

Where possession of goods does not accompany the deed, it is prima facie fraudulent, but open to the circumstances of the transaction, which may prove an innocent purpose.

Absence when one's rights or liabilities are being adjudged is usually prima facie prejudicial. But in some few cases absence may be a policy, instead of the result of military ser

A prima facie presumption casts upon the person against whom it is applied the duty of going forward with his evidence on the particular point to which the presumption relates.

of first importance or principally.

An activity or function may be 'primary' in that sense if it is substantial. If the underwriting business of a firm is substantial, the firm is engaged in the underwriting business

first, chief, or principal.

collective activity by employees of the primary employer, the object of which is to affect the labor policies of that primary employer, and not engaged in for its effect elsewhere,

A combination to refrain from dealing with complainant, or to advise or by peaceful means persuade complainant's customers to refrain.

If the primary business of an operator is found to be manufacturing or some other noncarrier commercial enterprise, then it must be determined whether the motor operations are in b

The crucial question is not whether some benefit accrues to a religious institution as a consequence of the legislative program, but whether its principal or primary effect advance

an election, including a runoff election or a nominating convention or caucus held by a political party, for the selection of delegates to a national nominating convention of a pol

in cases raising issues of fact not within the conventional experience of judges or cases requiring the exercise of administrative discretion, agencies created by Congress for regu

Matters which call for technical knowledge pertaining to transportation must first be passed upon by the Interstate Commerce Commission before a court can be invoked.

preserving the right of labor organizations to bring pressure to bear on offending employers in primary labor disputes and of shielding unoffending employers and others from pressu

sellers' competition, commonly termed primary-line competition

Picketing has traditionally been a major weapon to implement the goals of a strike and has characteristically been aimed at all those approaching the situs whose mission is selling

The statutory right to redeem from a sale by advertisement is not a right of action. It is a primary right as distinguished from a remedy. The defeasible title of the purchaser at

those whose attainment and maintenance were necessary to protect the public health, and secondary standards were intended to specify a level of air quality that would protect the p

The primary strike, which is protected by the proviso, is aimed at applying economic pressure by halting the day-to-day operations of the struck employer.

the age group which has been designated by the President as the age group from which selections for induction into the Armed Forces are first to be made after delinquents and volun

all who have substantial legislative interests.

all activities which are an integral part of a principal activity"); § 790.8(c)("Among the activities included as an integral part of a principal activity are those closely related

Activities performed either before or after the regular work shift, on or off the production line, are compensable under the portal-to-portal provisions of the Fair Labor Standards

the principal campaign committee designated by a candidate under section 432(f)(1) of this title.

a challenge to the polls upon grounds of absolute disqualification

he becomes the principal debtor when, either before or at the maturity of the note, he is supplied by the maker with sufficient funds for the purpose of paying it. Receiving the fu

The principal is liable for the acts and negligence of the agent in the course of his employment, although he did not authorize or did not know of the acts complained of. So long a

the place where a corporation's business was conducted, whether by receivers or by the corporate officers; appointment of equity receivers does not change it, since the corporation

the 'principal purpose' requirement does not exclude a contribution which in substantial part is to be used to influence legislation through direct communication with Congress or a

The offence charged in this indictment is a misdemeanor, where all are principals; and the doctrine applicable to principal and accessory in cases of felony, does not apply. The of

the proper respect for state functions that organs of the National Government, most particularly the federal courts, are expected to demonstrate in the exercise of their own legiti

a willfulness require- ment would not directly contradict the statute's other, ex- press mens rea provisions or render them wholly superfu- ous.

the most of the forms of figures or characters or representations, colored or uncolored, that may be impressed on a yielding surface;' and that 'the pictures in question were print

The essence of the doctrine of prior appropriation is beneficial use, not a stale or barren claim. Only diligence and good faith will keep the privilege alive.

the doctrine, long recognized and enforced in both states, whereby priority of appropriation gives superiority of right, furnished the only equitable and right basis on which to de