Definitions from Case Law

the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact.

retaining the idea that the legal existence, the home, the domicile, the habitat, the residence, the citizenship of the corporation can only be in the state by which it was created

a corporation being, within the meaning of the jurisdictional statutes, a resident of the State in which it is incorporated, and not a resident or inhabitant of any other State, al

a person who (A) except for brief intervals, military service, attendance at an educational or training institution, or for absences for good cause, is physically present in the st

Article II(1)(g) defines such a resident as 'any person (other than a citizen of the United States or a United States corporation) who is resident in the United Kingdom for the pur

those whose respective habitations were not in Tennessee, but who were citizens, not simply residents, of some other state or country.

those whose residence in Tennessee was such as indicated that their permanent home or habitation was there, without any present intention of removing therefrom, and having the inte

resident within' enemy territory implies something more than mere physical presence and something less than domicile

Words 'inhabitant' and 'resident,' as respects venue, are synonymous...those synonymous words mean domicile, and, in respect of corporations, mean the state of incorporation only.

When we consider that § 3(a) was obviously intended to require military service from all who sought the advantages of our life and the protection of our flag, we cannot conclude, w

hearsay and declarations made by the party offering them in evidence

when a thing which causes injury, without fault of the injured person, is shown to be under the exclusive control of the defendant, and the injury is such as, in the ordinary cours

To withstand; To oppose by physical, mental, or moral power.

a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit bet

Where a criminal charge has been adjudicated upon by a court having jurisdiction to hear and determine it, the adjudication, whether it takes the form of an acquittal or conviction

A Court of equity cannot try over again the merits which were full tried in the former cause. To revise the merits of a cause which has been once tried between the same parties, an

It has been long since established that under non assumpsit the Defendant may give in evidence any thing which shows that no debt was due at the time when the action was commenced,

concerning, or with reference to.

when a special plea in bar is found against the prisoner, either upon issue tried by a jury, or upon a point of law decided by the court, he shall not be concluded or convicted the

But the maxim of ' respondeat superior ,' which, by legal imputation, makes the master liable for the acts of his servant, is wholly irrespective of any contract, express of implie

a miniature microphone and miniature receiver mounted in a small capsule supported near the wearer's ear; a self-supporting, bendable, acoustic tube extending from the microphone t

a chart concerning one Jefferson Parish religious school, which shows that the school's theology department was a significant user of audiovisual equipment.

if a man, who happens to be the officer of a foreign government, does an injury to the property, or person, of an American citizen, without a public authority, motive, or object, h

Such legislation dispenses with the conventional requirement for criminal conduct—awareness of some wrongdoing. In the interest of the larger good it puts the burden of acting at h

we construe § 1 of the Sherman Act in its common-sense meaning to apply to all officers who have a responsible share in the proscribed transaction.

Restitutio in integrum' is the leading maxim applied by admiralty courts to ascertain damages resulting from a collision

A cause of action for restitution is a type of the broader cause of action for money had and received, a remedy which is equitable in origin and function. The claimant, to prevail,

The principle is now firmly settled, that prizes, made by vessels which have violated the acts of Congress, that have been enacted for the preservation of the neutrality of the Uni

He does not step back on the seniority escalator at the point he stepped off. He steps back on at the precise point he would have occupied had he kept his position continuously dur

to give back something that had been taken away." 453 F. 3d, at 805 .

copyright in a restored work under this section.

an original work of authorship that— "(A) is protected under subsection (a); "(B) is not in the public domain in its source country through expiration of term of protection; "(C) i

That a bond, executed in pursuance of articles, may be restrained by those articles, if the departure from them be clearly shown, is not to be controverted.

§8(b)(1)(A) is a grant of power to the Board limited to authority to proceed against union tactics involving violence, intimidation, and reprisal or threats thereof—conduct involvi

What, then, according to common understanding, is the meaning of the term 'restraint?' Does it imply, that the limitation, restriction, or confinement, must be imposed by those who

Restraints, to be effective, do not have to be applied all along the line of movement of interstate commerce. The source of the restraint may be intrastate, as the making of a cont

The seeming absolute confinement to the words of an express contract... has been mitigated so far as to exclude from the risks of contracts for conduct (other than the transfer of

With respect to contracts in restraint of trade, the earlier doctrine of the common law has been substantially modified in adaptation to modern conditions. But the public interest

It bound the land for the time stated, whether in the hands of the allottee or of his heirs. ... it is no longer open to question that the United States has capacity to sue for the

Courts would be perversely blind if they failed to look through such an attempt as this 'License Notice' thus plainly is to sell property for a full price, and yet to place restrai

a general restraint upon alienation is ordinarily invalid. 'The right of alienation is one of the essential incidents of a right of general property in movables, and restraints upo

Restraint upon free competition begins when improper use is made of that information through any concerted action which operates to restrain the freedom of action of those who buy

a patent conveying to the allottee the land in fee, but prohibiting its alienation for a stated period

Restricted Indian land is property in which the United States has an interest. 'This national interest is not to be expressed in terms of property, or to be limited to the assertio

the restrictions on alienation imposed by Congress, to protect the Indians from their own incompetency, (p. 61); and (2) that, in the absence of approval by the Secretary, a judgme

Restricted property of an Indian is that which may not be freely alienated or used by the Indian without the approval of the Secretary of the Interior.

Any restriction which, by agreement among the partners, is attempted to be imposed upon the authority which one partner possesses, as a general agent for the other, is operative on

A potential or dormant restriction, such as here involved, which depends upon the future application of rules of law to present facts, is not a 'restriction on use' within the mean

That a restrictive license is legal seems clear. The patentee may grant a license 'upon any condition the performance of which is reasonably within the reward which the patentee by

pro ceed[ing], spring[ing], or aris[ing] as a consequence, effect, or conclusion." Webster's Third New International Dic tionary 1937 (1971).

But the event that happened,—her death before January 1, 1910,—although evidently in contemplation as a possible event, was not provided for. What then happens? The trust has faile

no rule of law is better settled, than that where lands are devised in trust for objects incapable of taking, there is a resulting trust for the heirs at law.

the outcome of the defendant's criminal prosecution as a whole.

Resumption of work by the owner, unlike a relocation by him, is an act not in derogation, but in affirmance, of the original location; and thereby the claim is maintained no less t

The sale of commodities in small quantities or parcels;—opposed to wholesale.' The verb 'retail' means 'To sell in small quantities, as by the single yard, pound, gallon, etc.; to

it is generally helpful to ask first whether the sale of a particular type of goods or services can ever qualify as retail whatever the terms of sale; if and only if the answer is

the exemption reaches employees of only such retail or service establishments as are comparable to the local merchant, corner grocer or filling station operator who sells to or ser

however, and UBS itself equated retaliatory intent with "animus" in its briefing below.

In peace-time when prices are not fixed, the normal measure of just compensation has been current market value; retention value has never been treated as a separate and essential f

[withdrawal from one's occupation, business, or office." " Id., " at 1489.

only the rules defining what benefits retirees receive, or whether it also encompasses rules mandating retirement at a particular age.

The dismissal of the former suit, stated in the pleadings in the present case, was certainly not a retraxit; and if it had been, it would not have availed the parties, since it was

Every case of first impression has a retroactive effect, whether the new principle is announced by a court or by an administrative agency. But such retroactivity must be balanced a

This is not the case of a new law reaching backwards to make payments illegal that were free of infirmity when made. By legislation and regulation in force before the collections w

A statute is not rendered retroactive merely because the facts or requisites upon which its subsequent action depends, or some of them, are drawn from a time antecedent to the enac

Laws of a retroactive nature, imposing taxes or providing remedies for their assessment and collection, and not impairing vested rights, are not forbidden by the Federal Constituti

We must look to the purpose of our new standards governing police interrogation, the reliance which may have been placed upon prior decisions on the subject, and the effect on the

The criteria guiding resolution of the question implicates (a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the o

It is a principle which has always been held sacred in the United States, that laws by which human action is to be regulated, look forward, not backward, and are never to be constr

Every law that takes away, or impairs, rights vested, agreeably to existing laws, is retrospective, and is generally unjust; and may be oppressive. Every ex post facto law must nec

That there exists a general power in the state governments to enact retrospective or retroactive laws, is a point too well settled to admit of question at this day. The only limit

But considering the act of 1830 as providing a remedy only, it is entirely unexceptionable. It has been repeatedly decided in this court, that the retrospective operation of such a

It is hardly necessary to say that such statutes are exceptions to the almost universal rule that statutes are addressed to the future, not to the past. They usually constitute a n

There are certain principles which have been adhered to with great strictness by the courts in relation to the construction of statutes, as to whether they are or are not retroacti

a defensive act of resistance or exclusion at a border rather than an act of transporting someone to a particular destination.

By the common law, upon the return of a writ of habeas corpus and the production of the body of the party suing it out, the authority under which the original commitment took place

The execution shows that the remedy afforded at law has been pursued, and of course, is the highest evidence of the fact. The return shows whether the remedy has proved effectual o

amounts returned or credited which are fixed by contract and do not depend on the experience of the company or the discretion of the management.

the practical construction of the Constitution, and the history of the origin of the constitutional provision in question, proves that revenue bills are those that levy taxes in th

We do not think that the ordinances of municipal corporations levying taxes can be classed as revenue laws of a State. Congress seems to have intended to give to the State the righ

broader requirements for funds is excess of out-of-pocket expenses, including funds for new investment.

Revenue statutes are not to be regarded as penal, and therefore to be construed strictly. They are remedial in their character, and to be construed liberally, to carry out the purp

Neither the judgment nor mandate of this court, prescribed, in terms, the judgment which should be rendered by the court of errors of New York... The judgment rendered in the court

a reversion is the residue left in the grantor on determination of a particular estate

Judgment binds not only lands of which defendant is actually seised, but also reversions on leases for lives or years; and, therefore, a moiety of a reversion may be extended, and

The existence of such an interest constitutes an important incident of ownership sufficient by itself to support the imposition of the estate tax.

while a mere 'abstract declaration' on some issue by the Commission may not be judicially reviewable, an order that determines a 'right or obligation' so that 'legal consequences'

This right in an incumbent of reviewing a predecessor’s decisions, extends to mistakes in matters of fact, arising from errors in calculation, and to cases of rejected claims, in w

the orders of the Commission are final unless (1) beyond the power which it could constitutionally exercise; or (2) beyond its statutory power; or (3) based upon a mistake of law.

where a revising statute, or one enacted for another, omits provisions contained in the original act, the parts omitted cannot be kept in force by construction, but are annulled.

We can see no sufficient reason, why the legislature should not exercise its discretion in reviving the act of March 1st, 1809, either expressly or conditionally, as their judgment

It is often said that an acknowledgment revives the promise, when it is meant, that it revives the debt or cause of action. The revival of a debt, supposes that it has been once ex

the promise by which a discharged debt is revived must be clear, distinct, and unequivocal. It may be an absolute or a conditional promise, but in either case it must be unequivoca

Where a second Will is destroyed, without more, the preceding Will, not having been cancelled, is, generally speaking, ipso facto revived.

the Secretary of War granted various permits, which are relied on by the appellant although in their nature they all were revocable licenses

Where a second Will is made, containing an express clause of revocation, the preceding Will, though not formally cancelled, is revoked.

call back," a court would need statutory authorization to reimpose this "called back" term of supervised release.

insurrection" and "rebellion" (all of which are attempts to change a subsisting government by force), then they create that 'domestic violence' which is contemplated by the Constit

reward implies something given in return for good or evil done or received

the word was no more than rhetorical hyperbole, a vigorous epithet used by those who considered Bresler's negotiating position extremely unreasonable