Definitions from Case Law

Copies are given as authentic acts — that is, acts which have a certain and accredited author, and merit confidence.

Foreign judgments are authenticated, 1. By an exemplification under the great seal. 2. By a copy proved to be a true copy. 3. By the certificate of an officer authorized by law, wh

much more than simply those restrictions actually in place on July 1, 1977.

In one sense, every corporation has 'power' to do wrong, also 'capacity' to suffer the consequences of wrongdoing. But no corporation has authority to violate an inhibition or go b

The authority intended by the act is one having a real existence, derived from competent governmental power.

That no individual or public officer can sell, and convey a good title to, the land of another, unless authorized so to do by express law, is one of those self-evident propositions

Authority, without restriction, to an agent to sell, carries with it authority to warrant.

the requirement of 'authorization' restricts the responsibility or liability in labor disputes of employer or employee associations, organizations or their members for unlawful act

The Act contemplates voluntary consent and not enforced agreement to publication. The participants were ignorant of the interception of the messages and did not consent thereto.

with respect to the candidates of a political party for President and Vice President of the United States, any political committee which is authorized in writing by such candidates

Independent of any statutory provision the right of an author in and to his unpublished manuscripts is full and complete. It is his property, and, like any other property, is subje

changing an old petition into a new petition in an appropriate category upon the occurrence of some predicate event, without a further decision or contingency.

all veterans, who died or became totally and permanently disabled within one hundred and twenty days after their entrance into active service, should be automatically 'deemed to ha

Automobile, because of their mobility, may be searched without a warrant upon facts not justifying a warrantless search of a residence or office

the plea of autrefoits acquit, or a former acquittal, is grounded on this universal maxim of the common law of England, that no man is to be brought into jeopardy of his life more

guidance, counseling and testing services; psychological services; services for exceptional children; remedial and therapeutic services; speech and hearing services; services for t

a motor service is auxiliary and supplemental to rail service, in the Commission's view, when the railroad-affiliated motor carrier in a subordinate capacity aids the railroad in i

The phrase implies a limitation of function, i.e., type of trucking service, and not merely a geographical limitation. If the motor transportation is essentially unrelated to rail

more than presently "accessible"; it demands a balance between the conflicting demands upon the service, and it must be determined on the spot.

Average' as used in the report manifestly is not intended to refer to an arithmetical calculation, the quotient of a sum divided by the number of its terms. It is rather to be unde

The adjuster was not an arbitrator, nor was the statement anything more than a provisional estimate and calculation which his principal, the owner, was free to adopt or to put asid

An averment is a positive statement: and is used in opposition to argument, or inference.

in libels in rem, less certainty than what belongs to proceedings at the common law, will sustain a decree of condemnation, if the words of the statute are pursued, and the allegat

One policy served by that practice is that of not passing on constitutional questions in situations where an authoritative interpretation of state law may avoid the constitutional

the doctrine that a boundary is unaltered by an avulsion and in such case, in the absence of prescription, the boundary no longer follows the thalweg but remains at the original li

Two of the essentials in awards are, that they should be certain and final.

if an award be good in part and bad in part, and that part in which it is bad be not within the submission, it shall not invalidate that which is good within the submission... For

awarded compensation in a formal order." Sea-Land, supported by the Director, OWCP, responds that "awarded compensation" means "statutorily entitled to compensation because of disa

An award under the Workmen's Compensation Law is not made on the theory that a tort has been committed; on the contrary, it is upon the theory that the statute giving the commissio

the Commissioner has consistently construed travel 'away from home' to exclude all trips requiring neither sleep nor rest, regardless of how many cities a given trip may have touch

both are remedies created by statute—the one explicitly and the other implicitly in the concept of effectuation of the policies of the Act—which are designed to aid in achieving th

a reparation order designed to vindicate the public policy of the statute by making the employees whole for losses suffered on account of an unfair labor practice

guilty knowledge and wilful ignorance alike involve the result of bad faith. They are the same in effect.

A sale may be void for bad faith though the buyer pays the full value of the property bought. This is the consequence, where his purpose is to aid the seller in perpetrating a frau

if a sale is made by a party, and the vendor remains in possession, it is ordinarily a badge of fraud, and requires explanation

There can be no dispute about the consequences visited upon a person excluded from public employment on disloyalty grounds. In the view of the community, the stain is a deep one; i

Congress has the power under the Thirteenth Amendment rationally to determine what are the badges and the incidents of slavery, and the authority to translate that determination in

The rule of law is precise upon this point. A verdict is bad, if it varies from the issue in a substantial matter, or if it find only a part of that which is in issue. The reason o

a passenger's personal wearing apparel and liability is limited to $100 (except a greater or less amount is provided in tariffs) on full fare ticket, unless a greater value is decl

The excepted 'baggage carried on passenger trains' refers solely to free baggage checked through on a passenger fare.

The right to release before trial is conditioned upon the accused's giving adequate assurance that he will stand trial and submit to sentence if found guilty.

an administrative cost imposed upon all those, guilty and innocent alike, who seek the benefit of § 110—7

As the libellant was the owner and master of the steamer World he was the bailee of the cargo, and so responsible to the shippers or insurers for the safe transportation and delive

The bail will be exonerated where the performance of the condition is rendered impossible by the act of God, the act of the obligee, or the act of the law.

providing whatever information and instruction in both creation and evolution models the classroom teacher determines is necessary and appropriate to provide insight into both theo

a company of persons, perhaps a company of armed persons, a's we may well assume to have been the case in this instance.

a punishment inflicted upon criminals, by compelling them to quit a city, place, or country, for a specific period of time, or for life.

(A) a banking institution organized under the laws of the United States, (B) a member bank of the Federal Reserve System, (C) any other banking institution.

the receipt by a bank of forged notes, purporting to be its own, must be deemed an adoption of them. It has the means of knowing if they are genuine; if these means are not employe

The right of the depositor is a chose in action, and his check does not transfer the debt, or give a lien upon it to a third person without the assent of the depositary.

All deposits made with bankers may be divided into two classes, namely, those in which the bank becomes bailee of the depositor, the title to the thing deposited remaining with the

The deposit of a bill in one bank, to be transmitted for collection, to another, is a common usage of great public convenience, the effect of which is well understood... The Court

The relationship of bank and depositor is that of debtor and creditor, founded upon contract. The bank has the right and duty under that contract to honor checks of its depositor p

by the language of the commercial world, and the settled practice of banks, a discount by a bank means, ex vi termini, a deduction or draw-back made upon its advances or loans of m

The term 'banking institution' shall include any person engaged primarily or incidentally in the business of banking, of granting or transferring credits, or of purchasing or selli

The doctrine that bank bills are a good tender, unless objected to at the time, on the ground that they are not money, only applies to current bills, which are redeemed at the coun

Bank notes constitute a part of the common currency of the country, and, ordinarily, pass as money. When they are received as payment, the receipt is always given for them as money

It was determined by this court in the case of the Bank of the United States vs. Deveaux, 'that the courts of the United States could not take jurisdiction of actions brought by th

the power to discharge the debtor from his contracts and legal liabilities, as well as to distribute his property.

Bankruptcy originated as a seizure of the debtor's assets for equitable distribution amongst creditors. It was akin to a taking in execution. The concept was subsequently broadened

several services commonly performed by attorneys, e.g., providing "advice, counsel, [or] document prepara tion," §101(4A).

several services com —————— 2 Compare 541 F. 3d 785, 794 (CA8 2008) (case below), with Hersh v. United States ex rel.

goods or services "provided to an assisted person with the express or implied purpose of providing information, advice, counsel, document preparation, or filing, or attendance at a

a court of equity... guided by equitable doctrines and principles except in so far as they are inconsistent with the Act

A court of bankruptcy has an exclusive and nondelegable control over the administration of an estate in its possession.

The especial purpose of all bankruptcy legislation is to interfere with the relations between the parties concerned—to change, modify, or impair the obligation of their contracts.

Bankruptcy or insolvency proceedings, whether the debtor is a natural or a juristic person, confer upon the receiver or assignee a title which, generally speaking, is without recog

States may not pass or enforce laws to interfere with or complement the Bankruptcy Act or to provide additional or auxiliary regulations.

The 'proceedings' reviewable [under § 24b] are those administrative orders and decrees in the ordinary course of a bankruptcy between the filing of the petition and the final settl

This rule, commonly known as the bankruptcy rule, is designed to preclude any unwarranted advantage from accruing to the secured creditor. Grounded upon the statutory principle of

The 42d section of the act directs, that where it shall appear to the commissioners that there hath been mutual credit given by the bankrupt and any other person, or mutual debts b

Every bankrupt or insolvent system in the world must partake of the character of a judicial investigation. Parties whose rights are affected, are entitled to a hearing. Hence, any

Where a bankrupt has an insurance policy with cash surrender value and reserves the absolute right to change the beneficiary, such policy passes to the trustee as assets unless wit

Banks, in the commercial sense, are of three kinds, to wit: 1, of deposit; 2, of discount; 3, of circulation. All or any two of these functions may, and frequently are, exercised b

There is a plain distinction between a case of a bare-boat charter, where the charterer mans the vessel, and a case where the charter party is a mere contract for the carriage of g

Under such arrangements full possession and control of the vessel are delivered up to the charterer for a period of time. The ship is then directed by its Master and manned by his

The word 'bargain,' in the statute, means the terms upon which the respective parties contract; and in the sale of goods, the terms of the bargain must be specified in the note or

The term 'bargain collectively' as used in the Act 'has been considered to absorb and give statutory approval to the philosophy of bargaining as worked out in the labor movement in

by making and accepting an offer, every bargain is consummated.

the agent of all the employees, charged with the responsibility of representing their interests fairly and impartially

the organization chosen to represent a craft is to represent all its members, the majority as well as the minority, and it is to act for and not against those whom it represents

The bar of the court is reserved for counsel, providing them a safe place in which to keep papers and exhibits, and to confer privately with client and co-counsel. It is designed t

the offense of stirring up litigation.

In order that a judgment may constitute a bar to another suit, it must be rendered in a proceeding between the same parties or their privies, and the point of controversy must be t

any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act,

[t]o make, form, or serve as a foundation for," or "[t]o use (something) as the thing from which something else is developed." Black's Law Dictionary 180 (10th ed. 2014).

The fact that New Jersey Wood claims that the same conduct has a greater anti-competitive effect does not make the conduct challenged any less a matter complained of in the governm

the calendar year 1974.

In years of rising prices, the 'base stock' method causes an understatement of income; for it disregards the gains actually realized through liquidation of low price stock on a hig

This tax is not a penalty. It is the basic tax upon distilled spirits, irrespective of their legal or illegal origin. A lien attaches to alcohol 'as soon as it is in existence as s

The basis of assets bid in by a mortgage creditor on foreclosure is to be determined by the fair market value of the property.

The classification can be overturned only if it has 'no basis in fact.' The courts are not to weigh the evidence to determine whether the classification made by the local boards wa

The basis of injunctive relief in the federal courts has always been irreparable harm and inadequacy of legal remedies.

Basis of keeping accounts' as there used refers to the general bookkeeping system followed by the taxpayer and not to the accuracy or propriety of mere individual items or entries

a well-marked coastal indentation having such penetration, in proportion to the width of its entrance, as to contain landlocked waters, and having an area, including islands within

In the Roman civil law, it is laid down, that, to constitute a river or running stream, as contradistinguished from torrents and temporary water-courses, the flow of water must be

as the petitioners and the dissent think, the carrying of arms only for military purposes, one simply cannot add "for the purpose of killing game." The right "to carry arms in the

This Court has uniformly held that a note payable to bearer is payable to any body, and not affected by the disabilities of the nominal payee.

by reason of: on account of." 1 Webster's Third New International Dictionary 194 (1966); see also 1 Oxford English Dictionary 746 (1933) (defining "because of" to mean "By reason "

the "cause of the adverse effect" rather than the "motive for the employer's action." See "ante," at 235-236.