Definitions from Case Law

where there is a single wrong to plaintiff, for which relief is sought, arising from an interlocked series of transactions, there is no separate and independent claim or cause of a

Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate.

The new corporation was a separate legal entity, and, whatever may have been the motives leading to its creation, it can only be regarded as such for the purposes of legal proceedi

The rule is that she may acquire a separate domicil whenever it is necessary or proper that she should do so. The right springs from the necessity for its exercise, and endures as

in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal.

As a general rule a corporation and its stockholders are deemed separate entities and this is true in respect of tax problems. Of course, the rule is subject to the qualification t

No particular phraseology is necessary to create the provision for a feme covert technically designated in the law as her separate estate. As in all other cases of instruments to b

There must be a separate gate marked and set apart from other gates; the work done by the men who use the gate must be unrelated to the normal operations of the employer and the wo

The legality of separate gate picketing depended upon the type of work being done by the employees who used that gate; if the duties of those employees were connected with the norm

so long as that purpose is the equivalent of business activity or is followed by the carrying on of business by the corporation, the corporation remains a separate taxable entity

The order granting separate trials made separate causes, and therefore each was independent of the other.

It may be stated then, as a general rule inherent in the American constitutional system, that, unless otherwise expressly provided or incidental to the powers conferred, the Legisl

no sequestration devests the property in the thing sequestered; and, consequently, Brailsford, at the peace, and indeed, throughout the war, was the real owner of the debt.

one element, namely a "series," in respect to which the "violations" constitute the underlying brute facts or means, or whether those words create several elements, namely the seve

— "(i) an offense under the Controlled Substances Act (21 U. S. C. 801 et seq.), the Controlled Substances Import and Export Act (21 U. S. C. 951 et seq.), or chapter 705 of title

In deciding whether an offense is 'petty,' we have sought objective criteria reflecting the seriousness with which society regards the offense, and we have found the most relevant

burglary, larceny-theft, motor vehicle theft, and arson.

Sermons are as much a part of a religious service as prayers. They cover a wide range and have as great a diversity as the Bible or other Holy Book from which they commonly take th

the government attorney in a criminal prosecution is not an ordinary party to a controversy, but a 'servant of the law' with a 'twofold aim * * * that guilt shall not escape or inn

Persons desirous of coming to America, and unable to pay for their passage in any other way, shipped themselves and their children, as servants. If they were imported under indentu

Service' as used by Congress in this definitive phrase means not only work actually done but the entire employer-employee relationship for which compensation is paid to the employe

There is no dispute that service by publication does not warrant a personal judgment against a nonresident. ... To dispense with personal service the substitute that is most likely

The crime to be under military jurisdiction must be service connected, lest 'cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or

when a serviceman is charged with an offense committed within or at the geographical boundary of a military post and violative of the security of a person or of property there, tha

any employee whose duties relate solely to the serving of food to patrons seated at tables and to the performance of duties incidental thereto, and who customarily receive gratuiti

one who has performed military service.

The term 'service' is not confined to sales but extends to the 'movement of gas in interstate commerce' and one who engages in either the sale or the transportation of gas is perfo

No attorney or solicitor can withdraw his name, after he has once entered it on the record, without the leave of the court. And while his name continues there, the adverse party ha

The service or a writ of error is the lodging a copy thereof for the adverse party in the office of the clerk of the court where the judgment was rendered.

Every state has the undoubted right to provide for service of process upon any foreign corporations doing business therein; to require such companies to name agents upon whom servi

the record of the service which the military man has rendered from the time of his entry into the service until his discharge.

those rendered for a valuable consideration by a person covered by the act for the ultimate user thereof.

'[a] condition in which a person lacks liberty especially to determine one's course of action or way of life'—'slavery'—'the state of being subject to a master.' " 4 "Ibid." The ju

a servitude is laid on the surface estate for the benefit of the mineral estate to the end, as the acts otherwise show, that the United States may realize, through the separate lea

if the defendant succeeds in proving his set-off, and it is larger than the plaintiff's claim, he is entitled to a judgment for the excess. The parties are concluded by the judgmen

It is the main purpose of this statute, as its terms show, to prevent debtors of the bankrupt from acquiring claims against the bankrupt for use by way of set-off and reduction of

A sale will not be set aside for mere inadequacy of price unless that inadequacy be so gross as to shock the conscience, or unless there be additional circumstances against its fai

a settled account is only prima facie evidence of its correctness. It may be impeached by proof of unfairness, or mistake, in law, or in fact; and if it be confined to particular i

A definitely settled administrative construction is entitled to the highest respect; and, if acted on for a number of years, such construction will not be disturbed except for coge

The term 'settlement' is used as comprehending acts done on the land by way of establishing or preparing to establish an actual personal residence-going thereon and, with reasonabl

a sum paid in the prudent settlement of a suit is paid under the compulsion of the suit as truly as if it were paid upon execution.

Settlement,' 'location,' 'sale' and 'entry' are all terms contemplating transfer of title to the lands in question

a right founded on a prior actual settlement which has not been abandoned, is just as valid in law as a right vested by a prior warrant or patent. 'Title by settlement and improvem

The amendment preserves the right which existed under the common law when the amendment was adopted. Thus it has no application to cases where recovery of money damages is an incid

it should be read as a substantial and independent clause; and that it was a prohibition to the courts of the United States to re-examine any facts tried by a jury in any other man

peaceable possession, for seven years, by any person, under a grant, or deed of conveyance founded upon a grant, gives a complete title to the person who has the possession; and al

The unconstitutionality of a part of an act does not necessarily defeat or affect the validity of its remaining provisions. Unless it is evident that the Legislature would not have

The effect of the statutory declaration is to create in the place of the presumption just stated the opposite one of separability; that is to say, we begin, in the light of the dec

That an award may be void in part, and good for the residue, will be readily admitted; but if that part which is void be so connected with the rest as to affect the justice of the

if some of the covenants of an indenture, or of the conditions indorsed upon a bond are against law, and some are good and lawful, that in this case the covenants or conditions whi

It is a settled principle of law that where a bond contains conditions, some of which are legal and others illegal, and they are severable and separable, the latter may be disregar

If only a portion of a single tract is taken the owner's compensation for that taking includes any element of value arising out of the relation of the part taken to the entire trac

if the description was vague and indefinite, as in the case before us, and there was no official survey to give a certain location, it could create no right of private property in

in grants of lands, with uncertain designations, to be made on a large district of country, they must have been severed from the public domain by survey, or be void for want of ide

in every case arising under the law one general question was presented for the consideration of the court: Whether in the given case, a court of equity could, according to its rule

any highly unpleasant mental reaction such as fright, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, or worr(y).' The injury had to be 'severe,' which in

Refuse flowing from 'sewers' in a 'liquid state' means to us 'sewage.

in Title VII, although it coyly suggests that there is at least some support for a different and potentially relevant definition.

a person who was convicted of a "sex offense." § 16911(1).

acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, public area, buttocks or, if such person be a female, br

the condition of human male or female genitals when in a state of sexual stimulation or arousal.

such a manner as to be, in the judgment of the Board, likely to incite or encourage delinquency or sexual promiscuity on the part of young persons.' A film is so "likely to incite

must,' cf. Merced Rosa v. Herrero, 423 F.2d 591 , 593 n. 2 (CA1, 1970), yet the judge who called for the three-judge court here was not named to the panel.

to deliver to the office, and not send through the United States mails.

at least that the statement shall be definite, concise, and complete as distinguished from discursive, argumentative, obscure, or fragmentary.

the Commissioner of the Land Office; but the proviso that " should the applicant fail to make his first payment .

The Government may look at actualities and upon determination that the form employed for doing business or carrying out the challenged tax event is unreal or a sham may sustain or

In so far as the contracts in question here use words fit for a contract of purchase, they are mere shams and devices to cover loans of money at usurious rates of interest. Loans a

There may be situations in which a publicity campaign, ostensibly directed toward influencing governmental action, is a mere sham to cover what is actually nothing more than an att

[T]here was nothing of substance to be realized by Knetsch from this transaction beyond a tax deduction. What he was ostensibly 'lent' back was in reality only the rebate of a subs

The property or interest of a stockholder in an incorporated bank, commonly called a share, the shares in their aggregate totality being called sometimes the capital stock of the b

The interest of the shareholder entitles him to participate in the net profits earned by the bank in the employment of its capital, during the existence of its charter, in proporti

The owner of the shares of stock in a company is not the owner of the corporation's property. He has a right to his share in the earnings of the corporation, as they may be declare

The policies frustrated must be national or state policies evidenced by some governmental declaration of them.

the tribes, and not individual members of those tribes of Indians.

Sheer, in nautical meaning, is a deviation from the line of the course in which a vessel should be steered, and though it may occur from causes unpreventable by the most skilful se

Can a sheriff, without notice, be responsible for levying an attachment on a satisfied debt, or for not redelivering the property attached, without a discontinuance, or at least no

The powers and duties of conservator of the peace exercised by the sheriff are not strictly judicial; but he may be said to act as the chief magistrate of his county, wielding the

The powers and duties of the sheriff are usually arranged under four distinct classes:— 1. In his judicial capacity, he formerly held the sheriff's tourn, or county courts, and per

the sale of land by the sheriff, seized under a fieri facias, transferred the legal estate to the vendee, by operation of law; and that a deed from the sheriff was not necessary...

sheriffs' sales of land are within the statute of frauds, and that some memorandum in writing is necessary to be made; and they recommend, for the safety of purchasers, that in add

The provisions of sections 1 and 2 have both a geographical and distributive significance and apply to any part of the United States as distinguished from the whole and to any part

Relief in a Sherman Act case 'should put an end to the combination and deprive the defendants of any of the benefits of the illegal conduct, and break up or render impotent the mon

a combination which places railroads engaged in interstate commerce in such relation as to create a single dominating control in one corporation, whereby natural and existing compe

the character and effect of a conspiracy are not to be judged by dismembering it and viewing its separate parts, but only by looking at it as a whole; the duty of the jury was to l

Even if the circumstances were such as to justify individual stockholders in seeking the aid of the court to enforce rights of the corporation, it is clear that their remedy is not

As if an estate is given to an only child, who dies, it may descend to an aunt, who may be stripped of it by an after-born uncle, on whom a subsequent sister of the deceased may en

Termination of the power of control at the time of death inures to the benefit of him who owns the property subject to the power and thus brings about, at death, the completion of

We do not think 'ship' in this Act applies to intangible messages, which we do not ordinarily speak of as being 'shipped.

The doctrine that the obligation between ship and cargo is mutual and reciprocal, and does not attach until the cargo is on board, or in the custody of the master

This lien or privilege is founded on the rule of maritime law as stated by Cleirac, (597:) 'Le batel est oblige a la marchandise et la marchandise au batel.' The obligation is mutu

her armament, search lights, stores,—everything, in short, attached to or on board the ship in aid of her operations.

The owner of a ship in navigable waters owes to all who are on board for purposes not inimical to his legitimate interests the duty of exercising reasonable care under the circumst

Such a lien—that is, the lien of the shipowner—is not 'the privileged claim' of the civil law, but it arises merely from the right of the shipowner to retain the possession of the

On what principles rests the general lien of goods for freight? The master is the agent of the ship-owner, to receive and transport; the goods are improved in value, by the cost an

every commercial country has directed, by its laws, that its ships shall be furnished with a set of papers called Ship Papers: And this criterion the law of nations adopts, in time

the person who undertakes to pay the tariff charges.

This written agreement, commonly referred to in maritime circles as articles, must specify the nature and duration of the intended voyage or engagement; the port or country at whic

in all causes of action which may arise during the ownership of the persons whose ship is proceeded against, I apprehend that no suit could ever be maintained against a ship, where

Ships or vessels of the United States are the creations of the legislation of Congress. None can be denominated such, or be entitled to the benefits or privileges thereof, except t