Definitions from Case Law

A proceeding for the examination of a debtor as a supplement to judgment or execution is a summary substitute for a suit in equity by a creditor for the discovery of assets.

profits," the plurality opinion's interpretation would frustrate Congress' intent and maim a statute that was enacted as an important defense against organized criminal enterprises

when the ship is lawfully sold, the purchaser takes an absolute title devested of all liens, and that the liens are transferred to the proceeds of the ship, which, in the sense of

any means used by a court to acquire or exercise its jurisdiction over a person or over specific property.

that "not all public information will be impounded in a security's price with the same alacrity, or perhaps with any quickness at all." Cox, Understanding Causation in Private Secu

the conversion of dextrose into candy would seem to conform to the current understanding that processing is a mode of treatment of materials to be transformed or reduced to a diffe

where, upon the principles of the maritime code, the supplies are presumed to be furnished on the credit of the vessel, or where a lien is given by the local law, the party is enti

goods do not cease to be part of the general mass of property in the state, subject, as such, to its jurisdiction, and to taxation in the usual way, until they have been shipped, o

the name of the husband is used only as the prochein ami of his wife. He asks no relief. The wife prays an injunction... Where the wife complains of the husband, and asks relief ag

a corporation must appear and answer to the bill, not under oath, but under its common seal. And an omission thus to appear and answer according to the rules and practice of the co

to obtain naturalization (or, to use another word, citizenship).

produced, manufactured, mined, handled, or in any other manner worked on in any State; and for the purposes of this Act an employee shall be deemed to have been engaged in the prod

products 'produced by an employer' included products distributed, as here, by a wholesaler with whom the primary dispute exists

It cannot be doubted that there are transactions so radically and fundamentally national as to impress the national character, independent of peace or war, and the local residence

all individuals, firms, associations, corporations, trustees, and receivers engaged in the business of mining coal.

a physical process.

production' and 'gathering' are terms narrowly confined to the physical acts of drawing the gas from the earth and preparing it for the first stages of distribution

(i) any day during which natural gas is produced; and (ii) any day during which natural gas is not produced if production during such day is prohibited by a requirement of State la

The 'production for commerce' intended includes at least production of goods, which, at the time of production, the employer, according to the normal course of his business, intend

he who produces goods for these indispensable and inseparable parts of commerce produces goods for commerce

where sales, though technically consummated in interstate commerce, are made during the course of production and gathering and are so closely connected with the local incidents of

the 'production or gathering' exemption relates to the physical activities, processes and facilities of production or gathering, but not to sales of the kind affirmatively subjecte

this phrase comprehended the producing properties and gathering facilities of a natural-gas company. We now adhere to this natural and clear meaning of the words and their obvious

Product patents or patents of compositions of matter are distinct from patents of the process by which the product may be produced. The former, if sufficiently described, may exist

a person competent, whether by education, training or experience, to make the particular decision at issue.

— "(a) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the co

such persons as legal, engineering, scientific and medical personnel together with their junior professional assistants.

a valuable return on an investment," which undoubtedly includes interest.

Under § 16(b) a director is to pay to his company only 'any profit realized by him' from short-swing transactions; a partner-director 'realizes' only his proportionate share of par

Profits are thus allowed 'as an equitable measure of compensation.

The sale of the bonds by their owners, after they have been issued by the State or municipality, is a transaction distinct from the contracts made by the government in the bonds th

The purpose is thus to provide just compensation for the wrong, not to impose a penalty by giving to the copyright proprietor profits which are not attributable to the infringement

program' means any agreement, understanding or concerted action, including, but without limiting the generality of the foregoing, any rule, policy or code provision or interpretati

but is not limited to, benefits payable by a hospital plan corporation or a professional health service corporation subject to 40 Pa.C.S.

all of the operations of " a grant recipient, §1687.

If that other furnishes him with men to do the work and places them under his exclusive control in the performance of it, those men became pro hac vice the servants of him to whom

that a buyer's liability depends on that of the seller, then absent seller liability, the buyer's conduct and bad faith are necessarily irrelevant.

requiring any individual to observe a generally applicable law that requires (or forbids) the performance of an act that his religious belief forbids (or requires).

The state cannot tax the instrumentalities or bonds of the United States, or, what is the same thing, the income derived therefrom, directly or indirectly—that is to say, it cannot

the complete unit of development of a power plant.

past average monthly disposable income multiplied by the number of months in a debtor's plan.

When the employee does know of the defect, and appreciates the risk that is attributable to it, then if he continues in the employment without objection, or without obtaining from

If 'the transfer' of marital rights in property is effected by the parties, it is pursuant to a 'promise or agreement' in the meaning of the statute. If 'the transfer' is effected

A note is not, therefore, obligatory and valid, until it has been actually delivered to the party, for whose use it is drawn; and as it receives its life, existence, and negotiable

to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to off

a change of an employee, while continuously employed, from: (1) One General Schedule grade to a higher General Schedule grade; or (2) A lower rate paid under authority other than s

a First Amendment requirement for administrative censorship schemes: 'a final judicial determination on the merits within a specified, brief period' to prevent the censor's adminis

upon completion of the "administrative steps incident to arrest." It is not apparent to me, as it is to the Court, that on these terms "[i]ncorporating probable cause determination

The whole process of proof, allowance, and distribution is, shortly speaking, an adjudication of interests claimed in a res.

the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged

A proof of claim is, of course, prima facie evidence of its validity.

The simplest and best proof of handwriting is the testimony of one who saw the signature actually written; and inferior evidence as to his handwriting is not competent, until it ha

In equity proceedings the proofs and allegations must agree. A party can no more succeed upon a case proved, but not alleged, than upon a case alleged, but not proved.

of verifying that the employer has accurately determined the class of covered employees.

the First Auditor and the First Comptroller, It is consequently argued that the settlement upon which the defendant relies constitutes no obstacle to the examination of the items o

expenditures are not 'proper' within the meaning of the Act where the claimant cannot show that they were made in furtherance of a project exclusively devoted to the interests of t

The proper function of a court, on a writ of error, is to pass its judgment upon the points excepted to in the opinion of the court below; and not to decide the law of the case, in

Proper lookouts are competent persons other than the master and helmsman, properly stationed for that purpose, on the forward part of the vessel; and the pilot-house in the night t

federal authorities must apply what they find to be the state law after giving 'proper regard' to relevant rulings of other courts of the State. In this respect, it may be said to

the right or interest which one has in lands or chattels, and so domestic is this peculiar species of property that it domesticates the owner.

Certainly 'property' as used in § 112(b)(5) includes such an interest in property [i.e., an equitable claim in or to property held by a beneficial owner or equitable claimant, even

The main thrust of §70a(5) is to secure for creditors everything of value the bankrupt may possess in alienable or leviable form when he files his petition. To this end the term 'p

that 16 SCHWAB v. REILLY Opinion of the Court III The Court of Appeals erred in holding that our decision in Taylor dictates a contrary conclusion.

Property becomes clothed with a public interest when used in a manner to make it of public consequence and affect the community at large.

property held by the taxpayer' as used in § 101(c)(8) embraces not only full ownership but also any interest whether vested, contingent, or conditional

To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, in

Property interests, of course, are not created by the Constitution. Rather they are created and their dimensions are defined by existing rules or understandings that stem from an i

The word 'property' as applied to trademarks and trade secrets is an unanalyzed expression of certain secondary consequences of the primary fact that the law makes some rudimentary

The substance of these cases is that, while the property is at rest for an indefinite time, awaiting transportation, or awaiting a sale at its place of destination, or at an interm

it is the usage of all the civilized nations of the world, when territory is ceded, to stipulate for the property of its inhabitants. An article to secure this object, so deservedl

only the property to which the bankrupt is beneficially entitled, and do not include property to which he has only a bare legal title.

all legal or equitable interests of the debtor in property as of the commencement of the case.

Such property, for the most obvious reasons of public policy, cannot be seized by authority of another sovereignty, against the consent of the government.

The insured has the right under the policy contract to compel the insurer to pay him this sum upon surrender of the policy. This right may be borrowed against, assigned or pledged.

It would be anomalous to view as 'property' subject to lien proceeds never within the insured's reach to enjoy, and which are reducible to possession by another only upon the insur

Analysis of this clause discloses three distinct requisites: (1) The existence of a general power of appointment; (2) an exercise of that power by the decedent by will; and (3) the

There is an essential difference between a substantial property right which may be enjoyed until taken away in the appropriate exercise of a paramount authority, and an uncertain a

not all economic interests are 'property rights'; only those economic advantages are 'rights' which have the law back of them, and only when they are so recognized may courts compe

a property settlement made for the purpose of maintaining or supporting the wife may be treated for income tax purposes as mere security for the husband's continuing obligation dep

By whatever name the exaction may be called, if it amounts to no more than the ordinary tax upon property, or a just equivalent therefor, ascertained by reference thereto, it is no

property used in the trade or business, of a character which is subject to the allowance for depreciation provided in section 23(l), held for more than 6 months, and real property

Section 32 is not concerned, of course, with any showing that the director in question has in fact been derelict in his duties or has in any way breached his fiduciary obligation t

the most reasonable construction of § 2(d) is one which places on the supplier the responsibility for making promotional allowances available to those resellers who compete directl

A proportional rate is a rate put in to cover business . . . coming to our lines from other points, applying to commodities where we have no through rates. It is put in in order to

a project begun in the early 1930's by the United States Army Corps of Engineers to tame the river along its entire length by containing it within a designed channel.

owners, but not 'owners in possession of such land.'

the person who has a copyrightable thing made for him under such circumstances as to become the proprietor; as, for instance, one who causes a digest to be compiled or a picture to

pro se complaints are held to less stringent standards than formal pleadings drafted by lawyers

What is meant by prosecuting his appeal to effect? It is an expression substantially equivalent to prosecuting his appeal with success; to make substantial and prevailing his attem

an action to recover a penalty for an act declared to be a crime is, in its nature, a punitive proceeding, although it take the form of a civil action; and the word 'prosecution' i

where an applicant for a patent to cover a new combination is compelled by the rejection of his application by the Patent Office to narrow his claim by the introduction of a new el

The prosecutor's office is an entity and as such it is the spokesman for the Government. A promise made by one attorney must be attributed, for these purposes, to the Government.

when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be

(a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of j

all statutes are to be considered prospective, unless the language is express to the contrary, or there is a necessary implication to that effect

generally a statute cannot be construed to operate retrospectively unless the legislative intention to that effect unequivocally appears... An administrative regulation is subject

any prospectus, notice, circular, advertisement, letter, or communication, written or by radio or television, which offers any security for sale or confirms the sale of any securit

There can be no doubt as to what class was aimed at by the clause forbidding the importation of alien women for purposes of 'prostitution.' It refers to women who, for hire or with

the person or persons identified in the restraining order as the person or persons for whose benefit the restraining order was issued.

Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is wh