Definitions from Case Law

A second appeal lies only when the court below, in carrying out the mandate of this court, is alleged to have committed an error. But, on an appeal from the mandate, it is well set

if the 'lands were probably within the scope of the project from the time the Government was committed to it,' no enhancement in value attributable to the project is to be consider

to rearrange the content of the signal of the programming so that the programming cannot be viewed or heard in an understandable manner.

A scratch or transferred sale is one in which there is an offsetting purchase and sale at the same price on the same day.

Courts of law cannot incorporate into a sealed instrument what the parties left out of it, even though the omission was occasioned by the clearest mistake; nor can they reject what

A state legislature may certainly provide, that the same remedy shall be had in a promissory note, as on a bond or sealed instrument; but it will not thereby make the note a bond o

In a broad sense, a seaman is a mariner of any degree, one who lives his life upon the sea. It is enough that what he does affects 'the operation and welfare of the ship when she i

The law does not cover probable or expectant seamen but seamen in being. The fact that [a worker] had been, or expected in the future to be, a seaman does not render maritime work

the burden is upon one who sets up a seaman's release to show that it was executed freely, without deception or coercion, and that it was made by the seaman with full understanding

in this statute 'seamen' is to be taken to include stevedores employed in maritime work on navigable waters as the plaintiff was, whatever it might mean in laws of a different kind

It is a special favour, and a peculiar privilege allowed to them, and to them only; and is confined strictly to demands for wages. The reason upon which this privilege is founded,

When the sea, or a bay, is named as a boundary, the line of ordinary high-water mark is always intended where the common law prevails.

Such use of a searchlight is comparable to the use of a marine glass or a field glass. It is not prohibited by the Constitution.

The Government's activities in electronically listening to and recording the petitioner's words violated the privacy upon which he justifiably relied while using the telephone boot

When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist

The right without a search warrant contemporaneously to search persons lawfully arrested while committing crime and to search the place where the arrest is made in order to find an

It is not an assertion of the right on the part of the government always recognized under English and American law, to search the person of the accused when legally arrested, to di

one's house cannot lawfully be searched without a search warrant, except as an incident to a lawful arrest therein. The search of a private dwelling without a warrant is in itself

The issue of a second warrant is essentially a new proceeding which must have adequate support. The fact that it is a second warrant gives the commissioner no privilege to dispense

It is a cardinal rule that, in seizing goods and articles, law enforcement agents must secure and use search warrants wherever reasonably practicable. This rule rests upon the desi

The 'seashore' is that well-defined area, lying between high-water mark and the low-water mark, of waters in which the tide daily ebbs and flows.

as between the holder and the drawer or indorser of a dishonoured bill, the question of their liability depends not on actual notice, but on seasonable diligence, which is in all c

She must be so tight that the water will not reach the cargo, so strong that these ordinary applications of external force will not spring a leak or sink her, so sound that she wil

The ship should be in a condition to encounter whatever perils of the sea a ship of that kind, and laden in that way, may be fairly expected to encounter on the voyage

a change made in the indictment, after it was found, by striking out some words in it, and then proceeding to try the prisoner upon the indictment as thus changed.

With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be int

Second appeals or writs of error are allowed, but the rule is universal that they bring up only the proceedings subsequent to the mandate, and do not authorize an inquiry into the

A combination not merely to refrain from dealing with complainant, or to advise or by peaceful means persuade complainant's customers to refrain ('primary boycott'), but to exercis

secondary features that happen to be associated with the particular type of speech but have nothing to do with its content, whereas, here, the asserted justification for the displa

in order to maintain a title by secondary evidence, the claimant must show to the satisfaction of the court: 1st, that the grant was obtained and made in the manner the law require

It is a general rule of the law of evidence, that secondary evidence of the contents of written instruments is not admissible, when the originals are within the control or custody

buyers' competition, commonly termed secondary-line competition

This will happen, for illustration, when by common acceptation the description, once misused, has acquired a secondary meaning as firmly anchored as the first one.

the assailed provision when rightly construed only affixes additional conditions for admission to a privileged class of mail, and it was merely designed to provide for the continua

first offense after an earlier conviction.

one who put his name on the back of a note intended for discount, with the understanding of all the parties that his endorsement would be inoperative until it was endorsed by the p

knowledge to the plaintiff that the bills were drawn in sets, would be to give them an effect contrary to the averments of the defendants' pleas, as well as contrary to the admitte

exactly the same thing, to that "second conviction" means "first offense after an earlier conviction.

the second writ of error brings up nothing for revision except the proceedings subsequent to the mandate; and it follows that if those proceedings are merely such as the mandate co

the Secretary of the Treasury or his delegate.

while the Secretary is authorized to prevent improvident alienation or leasing by restricted Creek allottees, he is not authorized to alien or lease in their stead and right. If an

Had the land continued in possession of Parthenia Dade and her heirs, the question whether this contract was of unlimited duration, or contemplated some particular suit then intend

A trust, thus secretly created, whether so intended or not, is a fraud on creditors, because it places beyond their reach a valuable right—the right of possession—and gives to the

Section 23b was thus in effect a grant of jurisdiction subject to that condition [of the defendant's consent]; it was the intent of the Congress that section 23b should operate as

The power given to the Supreme Court by this act of Congress was intended to protect the general government in the free and uninterrupted exercise of the powers conferred on it by

In the interpretation of this section of the act of 1789, it has been uniformly held, that to give this Court appellate jurisdiction, two things should have occurred and be apparen

This Court has no authority, under the law which authorizes this appeal, to notice any error except such as appears on the face of the record and immediately respects the questions

the section does not govern all suits in which it is sought to restrain the enforcement of legislative action, but only those in which the object of the suit is to restrain the enf

To bring this procedural device into play—to dislocate the normal operations of the system of lower federal courts and thereafter to come directly to this Court—requires a suit whi

This section does not abolish the distinction between writs of error and appeals, but only requires that the party seeking review shall have it in the appropriate way notwithstandi

Its obvious purpose was to negative the idea that a federal receiver or trustee could ignore the rules of law of the state of operation affecting the conduct of the business commit

The test of § 7 is whether the effect of an acquisition 'may be substantially to lessen competition.

The remedial function of §8(c) is to protect noncoercive speech by employer and labor organization alike in furtherance of a lawful object.

It is therefore a maxim of the civil law that a decree must be secundum alegata was well as secundum probata. It would seem to be a maxim essential to the due administration of jus

rights "created," rathervthan "protected" by it, is not persuasive.

only a claim for which a lien has been given as security (whether or not the security is adequate), then the prologue of § 506(d) can be reformulated as follows: "To the extent tha

Secured creditor' shall include a creditor who has security for his debt upon the property of the bankrupt of a nature to be assignable under this Act (title), or who owns such a d

the note delivered in consumer financing, the note secured by a mortgage on a home, the short-term note secured by a lien on a small business or some of its assets, the note eviden

Section 12(2) created a special right to recover for misrepresentation which differs substantially from the common-law action in that the seller is made to assume the burden of pro

any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement.

an interest in property that secures performance of a consumer credit obligation and that is recognized by state or federal law.

Congress was vitally concerned with what has been called 'security of route'—i.e., providing assurance to the carrier that its investment in operations would be protected insofar a

the stirring up of disorder in the state, tending toward treason, but lacking an overt act.

classroom instruction given in separate classrooms, or at separate times.

For where two persons are in possession of land, at the same time, under different titles, the law adjudges him to have the seisin of the estate who has the better title. Both cann

a patent of vacant lands of the State conveys to the grantee a constructive actual seisin, sufficient to maintain a writ of right... seisin in deed either by possession of the land

The distinction is taken, between things which lie in livery and things which lie in grant; and with regard to the latter, the seisin in law, is enough, because they admit of no ot

Seizin was originally the completion of the feudal investiture. In American jurisprudence it means, generally, ownership. The covenant of seizin and the covenant of right to convey

The general rule is, that if a man enter into lands, having title, his seizin is not bounded by his actual occupancy, but is held to be coextensive with his title. But if a man ent

The term seizure as used in this connection connotes merely the taking of possession.

The law assumes that property is always in the possession of its owner, in person or by agent; and it proceeds upon the theory that its seizure will inform him, not only that it is

it is a general rule, that any person may seize any property forfeited to the use of the government, either by the municipal law, or by the law of prize, for the purpose of enforci

It is a fair construction of this section, taking the whole together, that nothing more is necessary to give jurisdiction in cases of this nature, than that the seizure should be w

acts of the register and receiver for which they are to receive fees? As to the selecting, it appears that this was done by the company; and, as said by the circuit judge,-" withou

The conscious exercise of some selectivity in enforcement of a criminal statute is not in itself a federal constitutional violation; to state an equal protection claim based on sel

anchors capable of self-adjustment, by having at all times free play, because not attached to their sockets nor moving with the bottom section to which the sockets are attached, wh

the system of self-assessment which is so largely the basis of our American scheme of income taxation. The purpose is not alone to get tax information in some form but also to get

The bookseller's self-censorship, compelled by the State, would be a censorship affecting the whole public, hardly less virulent for being privately administered.

in a strict sense the Treaty was self-executing, in that no legislation was necessary to authorize executive action pursuant to its provisions

Implicit in the statutory scheme, however, is the ultimate right of the disputants to resort to self-help—'the inevitable alternative in a statutory scheme which deliberately denie

the prohibition of compelling a man in a criminal court to be witness against himself is a prohibition of the use of physical or moral compulsion to extort communications from him,

When a question is propounded, it belongs to the court to consider and to decide whether any direct answer to it can implicate the witness. If this be decided in the negative, then

The appellant held the corporate books subject to the corporate duty. If the corporation were guilty of misconduct, he could not withhold its books to save it; and if he were impli

the privilege protects an accused only from being compelled to testify against himself, or otherwise provide the State with evidence of a testimonial or communicative nature

A man cannot make evidence for himself by writing a letter containing the statements that he wishes to prove. He does not make the letter evidence by sending it to the party agains

any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition." Thus, under the general regulation, an outside salesman is any employee whose

He who sells property on a description given by himself, is bound to make good that description; and if it be untrue in a material point, although the variance be occasioned by a m

all manufacturing and other charges incurred prior to the actual shipment of an article and reflected separately or otherwise in the f.o.b. wholesale price are to be included in th

place of education, from whence scholars are transplanted into life.

In exercising the power to judge of the elections, returns, and qualifications of its members, the Senate acts as a judicial tribunal, and the authority to require the attendance o

sending documents " for the purposes of service " .

In providing that a veteran shall be restored to the position he had before he entered the military service 'without loss of seniority,' § 8 of the Act uses the term 'seniority' wi

All laws are to be given a sensible construction; and a literal application of a statute, which would lead to absurd consequences, should be avoided whenever a reasonable applicati

those agencies which are directly concerned with the national defense and which have custody over information the compromise of which might endanger the country's security

The only sentence known to the law is the sentence or judgment entered upon the records of the court.

Reading this provision of the statute to authorize deportation only where an alien having committed a crime involving moral turpitude and having been convicted and sentenced, once

Arbitration clauses as a matter of federal law are 'separable' from the contracts in which they are embedded, and where no claim is made that fraud was directed to the arbitration

the unobjectionable part of a statute cannot be held separable unless it appears that, 'standing alone, legal effect can be given to it and that the Legislature intended the provis

an action brought in a State court against two defendants jointly, in which the plaintiff states a case of joint liability arising out of the concurrent negligence of the defendant

The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each