Definitions from Case Law

It is familiar law, also, which was applied in Carver v. Jackson, 4 Pet. 86, 88, that a mere recital of a fact in a deed is as effectual an estoppel as a covenant. There is no nece

If an election or other fact is required to authorize the issue of the bonds of a municipal corporation, and if the result of that election, or the existence of that fact, is by la

the recitals of public acts are regarded as evidence of the facts recited, it is otherwise, as we have seen, in reference to private acts. They are not evidence except against the

reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit

The test which we laid down in New York Times is not keyed to ordinary care; defeasance of the privilege is conditioned, not on mere negligence, but on reckless disregard for the t

driv[ing] any vehicle in willful or wanton disregard for the safety of persons or property." §8–1566(a).

What government is to be regarded here as representative of a foreign sovereign state is a political rather than a judicial question, and is to be determined by the political depar

There is no particular form for congressional recognition of Indian right of permanent occupancy. It may be established in a variety of ways but there must be the definite intentio

a recognizance, which is a bond, or obligation, of record

one recognized by the Internal Revenue Service as tax exempt, one recognized by some community agency, or one approved by some municipal official.

just that: Courts will not entertain arguments that could have been but were not raised before the just-issued decision.

The idea of 'reconstruction' in this context has the special connotation of those acts which would impinge on the patentee's right 'to exclude others from making,' 35 U.S.C. § 154,

In cases at common law, the course of this Court has been uniform, not to consider any paper as a part of the record which is not made so by the pleadings, or by some opinion of th

But the mortgage deed was recorded, and this is considered in law, as notice to all the world, and dispenses with the necessity of personal notice to purchasers. A deed cannot with

The first question is, was this a legal recording, under the laws of Ohio, so as to preserve the priority which dates gave to Astor? The office of Jefferson county was the legal of

a requirement imposed by an agency on persons to maintain specified records.

A 'record of sufficient completeness' does not translate automatically into a complete verbatim transcript. ... where the grounds of appeal ... make out a colorable need for a comp

In cases at common law, the course of the court has been uniform not to consider any paper as part of the record which is not made so by the pleadings, or by some opinion of the co

the words 'record or memoranda kept by a carrier,' contained in section 20, mean the official record kept by the carrier, and do not refer to bills or memoranda kept by the contrac

This may be ascertained either from the pleadings, or by bill of exceptions, or by a certificate of the court. But the assignment of errors, or the published opinion of the court,

all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of t

the relief is by way of recoupment-that is, that the amount of defendant's damage can be allowed only in abatement or diminution of plaintiff's claim-and that defendant cannot, at

the recoverable value of cargo lost or damaged at sea is that at time and place of shipment, without allowance for increase of value or anticipated profits

It is undoubtedly true, that in general, a recovery in ejectment, like other judgments, binds only parties and privies. It is conclusive evidence in an action for mesne profits aga

Where profits are made by the use of an article patented as an entirety, the infringer is liable for all the profits 'unless he can show—and the burden is on him to show—that a por

more than that the reservoir created by the dam will be the best one possible or practical from a recreational viewpoint.

The rectification or purification of spirits, after their distillation has been complete, in order to fit them for certain purposes of combination with other materials, is no part

every person who colors, flavors, or otherwise processes distilled spirits by distillation, blending, percolating or other processes.

The redelivery after the alteration, if such were the fact, was in legal effect a re-execution of the grant.

To redeem property which has been sold under a mortgage for less than the mortgage debt, it is not sufficient to tender the amount of the sale. The whole mortgage debt must be tend

The so-called redemption provisions of the bonds are provisions for the acceleration of maturity at the pleasure of the Government, and upon publication of the notice of call for t

For, if upon his return to New-Orleans after the war, he acquired a domicil there, (of which, the circumstance of his becoming the owner of a privateer in that port, affords a stro

reparation of, satisfaction or compensation for, a wrong sustained or the loss resulting from this.

A process is reduced to practice when it is successfully performed. A machine is reduced to practice when it is assembled, adjusted and used. A manufacture is reduced to practice w

Rule 35 refers to the power of a court to reduce a sentence which has already become final in every respect. There is no such finality of sentence at a § 4208(b) preliminary commit

any plant used in the reduction of fish into fish flour, fish meal, fish scrap, fertilizer, fish oil or other fishery products or by-products.

It is said that without a claim the thing described is not reduced to practice. But this seems to us to rest on a false theory helped out by the fiction that by a claim it is reduc

the putting of the silk into the skein form.

employ anew.

The rule that reenactment of a statute after it has been construed by officers charged with its enforcement impliedly adopts the construction applies only when the construction is

Plainly the word 'reentry' is used to describe a case where the landlord, treating the bankruptcy as a breach of the lease, re-enters for condition broken.

the capability or character of alluding to or bearing on or directing attention to something," and is the equivalent of "relation" and "respect." Id., at 1907.

The use of masters is 'to aid judges in the performance of specific judicial duties, as they may arise in the progress of a cause,' ... and not to displace the court.

In the case of subcontracts, as in other cases of express agreements in writing, a reference by the contracting parties to an extraneous writing for a particular purpose makes it a

Congress has merely placed a restriction upon its own regulation by withholding its operation as to a given market 'unless two-thirds of the growers voting favor it'. ... Here it i

In public trials in Courts of law, the judges sit to superintend the evidence, and no interested witnesses are, in general, permitted to give evidence to the jury; but referrees oc

to correct; to make anew; to rectify.

Where an instrument is drawn and executed, which professes, or is intended, to carry into execution, an agreement, whether in writing or by parol, previously entered into, but whic

Reformation is not an incident to an action at law, but can be granted only in equity. When relief is granted also on the contract as reformed, it means only that the court of equi

any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually re

This court does not think that the refusal of an inferior court to receive an additional plea, or to amend one already filed, can ever be assigned as error. This depends so much on

there can be no breach of the statutory duty by the employer—when he has not refused to receive communications from his employees—without some indication given to him by them or th

To decline to accept; to reject; To decline to submit to or undergo.

any material, however valuable, which becomes unsalvageable when introduced into the water.

a party 'refuses to obey' simply by failing to comply with an order

Although the words 'refusing to comply,' may, in general, have the same operation in law as the words 'failing to comply' would have; yet, in this case, they are accompanied and ex

to have relation to or bearing upon: relate to," and is the equivalent of "relation" and "respect." Id., at 1911.

The purpose of a register is to declare the nationality of a vessel engaged in trade with foreign nations, and to enable her to assert that nationality wherever found.

The entries in the register of burials, and in the family Bible, are admissible evidence in a case like the present; and if there were no other proof of the death of Charles Willin

The purpose of a register is to declare the nationality of a vessel engaged in trade with foreign nations, and to enable her to assert that nationality wherever found. The purpose

Whatever other descriptive term may be applied to the present registration fees, they are exactions, made in the exercise of the state taxing power, for the privilege of operating

Registration laws are of statutory origin, and the statute must in each case be examined to determine what instruments are to be recorded, where they are to be recorded, and the ef

The court regarded the law as a registration act, which excluded all State legislation in respect to the same subject... As a registry act there can be no doubt upon the recording

regular course' of business must find its meaning in the inherent nature of the business in question and in the methods systematically employed for the conduct of the business as a

a regular grant (that is, a completed title, made by those exercising the proper political power to grant lands) is not open to this objection, by an opposing claimant setting up a

properly appointed, set up, or established.

all employments, whether continuous throughout the year, or for only a portion of the year, in the usual trade, business, profession, or occupation of an employer.

one who as his customary vocation preaches and teaches the principles of religion of a church, a religious sect, or organization of which he is a member, without having been formal

While the words 'regular rate' are not defined in the Act, they obviously mean the hourly rate actually paid for the normal, non-overtime workweek.

the purchase by advance payment of a specified number of issues of a publication over a certain period of time, and delivered to the subscriber by mail or otherwise.

A regular survey must, therefore, in every instance, be such as is known to the laws and customs of the port in which a vessel happens to be... the mode of passing a survey through

The commerce clause confers upon the Congress 'the power to regulate, that is, to prescribe the rule by which commerce is to be governed.' This power 'is complete in itself, may be

the state regulation which Congress provided should operate to displace this federal law means regulation by the State in which the deception is practiced and has its impact

10 different kinds of establishments in addition to adult theaters.

tariffs.13 The Court also attempts to brush aside Algonquin by citing an entirely different provision of the Trade Expansion Act—one that was not at issue in Algonquin— that expres

impositions upon the parties and their counsel for any purpose whatever.

Although the end result might be prohibition of particular direct sales, to require appellant to secure a certificate of public convenience and necessity before it may enter a muni

a tax which so seriously affects the interchange of commodities between the States as to essentially impede or seriously interfere with it, is a regulation of commerce

Regulation and commerce among the states both are practical rather than technical conceptions, and, naturally, their limits must be fixed by practical lines. ... A practical line c

Rehearings are never granted where a final decree has been entered and the mandate sent down, unless the application is made at the same term, except in cases of fraud.

In relation to the order, it is plain that no appeal will lie from the refusal of a motion to open the decree and grant a rehearing. The decision of such a motion rests in the soun

one accepts her flawed conception of the exemptions in this case.

Reinstatement is the conventional correction for discriminatory discharges

The term 'reinsurance' has a well-known meaning. That kind of a contract has been in force in the commercial world for a long number of years, and it is entirely different from wha

The liability of a reinsurer is not affected by the insolvency of the reinsured company or the inability of the latter to fulfill its own contracts with the original insured.

a refusal to receive at the threshold.

a member of the controlled group of corporations (within the meaning of section 52(a)) which includes such signatory operator." §.9701(e)(2)(A)(i).

transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational thera

to justify an order restraining other violations it must appear that they bear some resemblance to that which the employer has committed or that danger of their commission in the f

'to stand in some relation; to have bearing or concern; to pertain; refer; to bring into association with or connection with.' " " Morales v. Trans World Airlines, Inc., " 504 U.S.

where several acts concur to make a complete conveyance the original act is preferred, and all others relate to it.

If the amendment merely expanded or amplified what was alleged in support of the cause of action already asserted, it related back to the commencement of the action, and was not af

A state may hold to the ancient dogma that the law declared by its courts had a Platonic or ideal existence before the act of declaration, in which event the discredited declaratio

the relation of banker and customer, in their pecuniary dealings, is that of debtor and creditor

a release is not a device to exempt from liability but is a means of compromising a claimed liability and to that extent recognizing its possibility.

The release is in consideration of the assignment. The advance of money and the release are obviously parts of the transaction, and are closely connected with each other. The purpo

It is not denied, that at Common Law, the release of a debtor whose person is in execution, is a release of the judgment itself. Yet the body is not satisfaction in reality, but is

Relevancy and materiality for the purposes of production and inspection, with a view to use on cross-examination, are established when the reports are shown to relate to the testim

that which has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the

The proper question to be asked * * * is not where the parties to the merger do business or even where they compete, but where, within the area of competitive overlap, the effect o