Definitions from Case Law

Special, as contradistinguished from general damage, is that which is the natural, but not the necessary, consequence of the act complained of.

These are monies and other valuables the identical deposits of which are kept, preserved and returned in kind.

Previously to the year 1786, a vague entry was well understood to be one that contained no such specialty as that a majority of those acquainted in its neighbourhood, at its date,

An advantage accorded by special agreement which affects the value of the service to the shipper and its cost to the carrier should be published in the tariffs; and for a breach of

It is not a mere report of the evidence, but a statement of the ultimate facts on which the law of the case must determine the rights of the parties; a finding of the propositions

The opinion of the trial judge, dealing generally with the issues of law and fact and giving the reasons for his conclusion, is not a special finding of facts within the meaning of

a qualified member who accepts orders in selected securities from other members for execution

(1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of section 2071 of this title, det

All the cases agree that entire command and possession of the vessel, and consequent control over its navigation, must be surrendered to the charterer before he can be held as spec

Whether the judgment sustaining the motion of the defendants in error and dismissing the information on the ground that the prosecution was barred by the statute of limitations, wa

under the latter, the donee may appoint only amongst a restricted or designated class of persons other than himself

where the receiver has taken possession of property in pursuance of his appointment, a special property is thereby vested in him which enables him to maintain a suit for the recove

The marshal or the sheriff, as the case may be, by a levy, acquires a special property in the goods, and may maintain an action for them.

Where, by the terms of an act, the Secretary is required, upon application of the claimant, to issue a patent... or to certify a list... or to approve a location for a right of way

It is undoubtedly true, that a security under seal, extinguishes a simple contract debt, because it is of a higher nature. . . . But this effect never has been attributed to a seal

A special verdict is where the jury find the facts of the case, and refer the decision of the cause upon those facts to the court, with a conditional conclusion, that if the court

inter alia", increasing the number of female and minority employees through "programs for recruiting, selecting, hiring, and promoting minorities and women," monitoring employment

A state lien is specific and perfected—and thus choate for purposes of priority over a federal tax lien—when 'there is nothing more to be done—when the identity of the lienor, the

The long established rule requires that the lien must be definite, and not merely ascertainable in the future by taking further steps, in at least three respects as of the crucial

The letters in this case were taken out in 1834, under the act of 1793, and the law did not then require the patentee or the commissioner to make the specification a part of the le

It is not always necessary to find a specific intent to restrain trade or to build a monopoly in order to find that the anti-trust laws have been violated. It is sufficient that a

In claims of this type 'specificity' requires that the lien be attached to certain property by reducing it to possession, on the theory that the United States has no claim against

a form of contract in common use by manufacturers of cement whereby cement is sold for future delivery for use in a specific piece of construction which is described in the contrac

To hold that a lien has progressed to such a point as to be a warning to mortgagees and purchasers of a contingent liability, like a notice of lis pendens, is far from holding that

[The deposit's trust-fund character] appears to have been used to connote an inchoate general lien for the benefit of those persons who may become entitled to be paid from the proc

In respect to contracts for the sale of land, a court of equity, in general, does not exact from the parties a punctual performance of their engagements, to entitle them to its aid

The principle is too well settled to require any reference to authority in support of it, that a vendor to entitle himself to a specific execution of the contract must be able to m

The contract which is sought to be specifically executed ought not only to be proved, but the terms of it should be so precise as that neither party could reasonably misunderstand

Although the covenant to convey is not a condition precedent on the performance of which the covenant to build depends, yet both from the words of the contract and the nature of th

There is no indication in the legislative history of the change from which one could conclude that Congress—in using the words 'all the income from a specific portion' in the statu

A protest is for the purpose of inviting attention of the taxing officers to the illegality of the collection, so that they may take remedial measures at once.

a benefit that serves one or more public welfare, religious, charitable, scientific, literary, or educational purposes, or other purpose or benefit beyond the strict interest of th

a specific statute controls over a general one 'without regard to priority of enactment

It manifestly is a specific tax at a rate per barrel of 42 gallons, and not strictly ad valorem. The graduation of the tax according to the gravity of the oil does not make it othe

human genitals in a state of sexual arousal." § 41A-2(20).

the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

statutory, but not to regulatory, specifications.

to name or state explicitly or in detail.

that no pre-Act offenders need register unless the Attorney General says so, or rather *449 that the Attorney General may excuse the unqualified requirement for pre-Act offenders.

only acts necessary to the internal deliberations of Congress concerning proposed legislation.

the privilege should be read broadly, to include not only words spoken in debate, but anything generally done in a session of the House by one of its members in relation to the bus

an important safeguard to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern accompanying public accusation and to limit the possibilities t

Upon the petitioner's demand, Texas had a constitutional duty to make a diligent, good-faith effort to bring him before the Harris County court for trial.

those which are produced by distillation, but not those produced by fermentation.

The whole tendency of our decisions is to require a plaintiff to try his whole cause of action and his whole case at one time. He cannot even split up his claim ... and, a fortiori

the relevant geographic market in Marine Bancorporation because it is an insulated banking market, is comparatively small by geographic standards in the Western States, contains al

Concealment, or even spoliation of papers, is not of itself a sufficient ground for condemnation in a prize court. It is, undoubtedly, a very awakening circumstance, calculated to

That marriage might be validly contracted by mutual promises alone, or what were called sponsalia de presenti, without the presence or benediction of a priest, was an established p

the act of promoting, leading, or participating in a meeting.

It is a general rule that neither a husband nor wife can be a witness for or against the other... This rule is founded upon the deepest and soundest principles of our nature. Princ

The range of the tide at times of new moon and full moon 'is greater than the average,' as 'high water then rises higher and low water falls lower than usual.' The tides at such ti

Spurious class actions were in essence merely a form of permissive joinder in which parties with separate and distinct claims were allowed to litigate those claims in a single suit

[T]he trackage was constructed and has been maintained for the purpose of serving a single industry; that practically no other industry is served; that this trackage does not invad

The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an en

If he (that is, the driver) is guilty of any rashness, negligence, or misconduct, or is unskilful, or deviates from the acknowledged custom of the road, the proprietors will be res

Courts of equity are never active in lending their aid to stale and neglected claims, for the known maxim of such Courts is, vigilantibus, non dormientibus leges subveniunt... If t

[A demand by one] who has been guilty of an unreasonable delay in fulfilling his part of the engagement, or who has slept for a lengthened period on his rights, and comes forward a

The liability of an instrument to a stamp duty, as well as the amount of such duty, is determined by the form and face of the instrument, and cannot be affected by proof of facts o

Stamp acts necessarily are confined to certain classes of transactions, and to classes which, considered economically or from the legal or other possible points of view, are not ve

that which is established by authority, custom, or general consent, as a model or example; criterion; test.

The care and caution required of a child is according to his maturity and capacity only, and this is to be determined in each case by the circumstances of that case.

if a driver cannot be sure otherwise whether a train is dangerously near he must stop and get out of his vehicle, although obviously he will not often be required to do more than t

the purpose of Congress to substitute, for informative labeling, standards of identity of a food, sold under a common or usual name, so as to give to consumers who purchase it unde

a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through appli

when a court of equity is asked to set aside a patent 'for fraud or mistake . . . the testimony on which this is done must be clear, unequivocal, and convincing, and that it cannot

includes the location of polling places, as '[t]he abstract right to vote means little unless the right becomes a reality at the polling place on election day' and '[t]he accessibi

the specification of forms and procedures required" to prove that a motor carrier is in compliance with federal requirements).

Payments for 'standing-by,' or for the substantial equivalent of 'standing-by,' are not payments for services performed, but when an employer receives a bona fide offer of competen

The controlling question is whether the appellant 'has sustained or is immediately in danger of sustaining some direct injury as the result of (the statute's) enforcement * * *.

He who is not injured by the operation of a law or ordinance cannot be said to be deprived by it of either constitutional right or of property.

It may have been of opinion that one likely to be financially injured by the issue of a license would be the only person having a sufficient interest to bring to the attention of t

To complain of a ruling, one must be made the victim of it. One cannot invoke, to defeat a law, an apprehension of what might be done under it, and which, if done, might not receiv

one who would strike down a state statute as violative of the Federal Constitution must bring himself by proper averments and showing within the class as to whom the act thus attac

Respondents, to have standing in court, must show an injury or threat to a particular right of their own, as distinguished from the public's interest in the administration of the l

anyone legitimately on premises where a search occurs may challenge its legality by way of a motion to suppress, when its fruits are proposed to be used against him

stare decisis embodies an important social policy. It represents an element of continuity in law, and is rooted in the psychologic need to satisfy reasonable expectations. But star

each State of the United States and the District of Columbia.

when those agencies are invested with an authority independent of the will of the association in whose name they undertake to speak, they become to that extent the organs of the st

It was decided that there is a field of operation for the power of the state over intrastate rates and the power of the nation over interstate rates. ... 'The fixing of reasonable

all testimony that "concerns" whether the defendant had a particular state of mind.

It is, we think, a sound principle, that when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its

when a government becomes a partner in any trading company, it devests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a

a case which belongs to the jurisdiction of the Supreme Court, on account of the interest that a state has in the controversy, must be a case, in which a State is either nominally,

This is a suit by a state for an injury to it in its capacity of quasi-sovereign. In that capacity the state has an interest independent of and behind the titles of its citizens, i

A state suing, or sued, in this court, by virtue of the original jurisdiction over controversies between states, must be deemed to represent all its citizens. The appropriate appea

When a state enters the market place seeking customers it divests itself of its quasi sovereignty pro tanto, and takes on the character of a trader, so far, at least, as the taxing

No state by the exercise of, or by the refusal to exercise, any or all of its powers, may prevent or unreasonably burden interstate commerce within its borders in any sound article

The state could not prescribe the qualifications of suitors in the courts of the United States, and could not deprive of their privileges those who were entitled under the Constitu

the national government has exclusive authority to regulate interstate commerce under the Constitution of the United States; nor to do more than reaffirm the equally well-settled p

To justify the exaction by a state of a money payment burdening interstate commerce, it must affirmatively appear that it is demanded as reimbursement for the expense of providing

the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the C

State-compelled segregation in a court of justice is a manifest violation of the State's duty to deny no one the equal protection of its laws.

In construing the Federal Constitution, Congress must be held to have only those powers which are granted expressly or by necessary implication, but the opposite rule is the one to

That the statute law of the States must furnish the rule of decision to this Court, as far as they comport with the constitution of the United States, in all cases arising within t

While it is true that a compliance with the act of Congress entitling the party to remove the case may operate to end the jurisdiction of the state court, notwithstanding it refuse

the jurisdiction of state courts extends to the hearing and determination of any civil and transitory cause of action created by a foreign statute, provided it is not of a characte

The State Court had no jurisdiction to enjoin a judgment of the Circuit Court of the United States; and that the Court below should be ordered to issue the writ of habere facias.

Statutes which require the speed of such trains to be checked at all crossings so situated might not only be a regulation but also a direct burden upon interstate commerce, and the

When one merchant sends an account current to another residing in a different country, between whom there are mutual dealings, and he keeps it two years without making any objectio

The decisions also show that a state cannot avoid the operation of this rule by simply invoking the convenient apologetics of the police power. It repeatedly has been said or impli