Definitions from Case Law

When, in such cases, a state cedes jurisdiction to the United States, the state may impose conditions which are not inconsistent with the carrying out of the purpose of the acquisi

By the rules of the common law, terms of kindred, when used in a statute, include only those who are legitimate, unless a different intention is clearly manifested.

Since it is the trade, and not the mark, that is to be protected, a trademark acknowledges no territorial boundaries of municipalities or states or nations, but extends to every ma

The laws of no nation can justly extend beyond its own territories, except so far as regards its own citizens. They can have no force to control the sovereignty or rights of any ot

the general and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done. ... All legis

Subject to the general scheme of local government defined by the organic act, and the special provisions it contains, and subject also to the right of Congress to revise, alter, an

the criminal jurisdiction of the United States is in general based on the territorial principle, and criminal statutes of the United States are not by implication given an extrater

The authority of a nation within its own territory is absolute and exclusive. The seizure of a vessel within the range of its cannon by a foreign force is an invasion of the territ

comprising 'All waters within a radius of three nautical miles from the 'coast' of the United States * * * and all waters inshore of the lines designated and defined by the Secreta

All territory within the jurisdiction of the United States, not included in any state, must necessarily be governed by or under the authority of Congress. The territories are but p

any Territory or possession of the United States, including the District of Columbia and excluding the Canal Zone.

The term territory, as here used, is merely descriptive of one kind of property; and is equivalent to the word lands. And Congress has the same power over it as over any other prop

any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the U

an organization- "(I) designated under section 1189 of this title; "(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation w

the transaction should be deemed to be testamentary in character, that is, treated for the purposes of the law as intended to take effect in possession or enjoyment at the death of

This is not a case where a testator seeks to bequeath property which shall be free from liability for the beneficiary's debts. Here the testator has merely prescribed the condition

There is no higher duty which rests upon a court than to carry out the intentions of a testator when the provision is not repugnant to settled principles of public policy and is ot

The distinction between refusing to do an act commanded (remedied by imprisonment until the party performs the required act), and doing an act forbidden (punished by imprisonment f

responses to questions that require a suspect to communicate an express or implied assertion of fact or belief).

Perjury is one thing; testimonial recalcitrance another. He who offers himself as a witness is not freed from the duty to testify. The court (except insofar as it is constitutional

authority to compel the creation of handwriting exemplars.

the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or dea

The true test of a commercial usage is, its having existed long enough to have become generally known, and to warrant a presumption that contracts are made in reference to it.

By the terms of the Employers' Liability Act the true test is the nature of the work being done at the time of the injury, and the mere expectation that plaintiff would presently b

It is the effect upon the interstate commerce or its regulation, regardless of the particular form which the competition may take, which is the test of federal power

It is when the change in the stream is sudden, or violent, and visible, that the title remains the same. It is not enough that the change may be discerned by comparison at two dist

The test of the outcome—is the Government merely a temporary occupier of an unexpired leasehold or has it absorbed the term of the lease?

any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstra

any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstra

any book or book substitute which a pupil uses as a text or text substitute in a particular class or program in the school he regularly attends.

books, reusable workbooks, or manuals, whether bound or in looseleaf form, intended for use as a principal source of study material for a given class or group of students, a copy o

The 'Thalweg,' or downway, is the track taken by boats in their course down the stream, which is that of the strongest current.

exactly the same thing as for a less sum of ■ money -than one dollar.

not "more "than twenty dollars per acre.

maintaining a prompt, sure, steady, and reliable service designed to place the daily events of the world at the breakfast table of the millions at a price that, while of trifling m

ten licensed physicians, appointed by the Board of Regents.

the State to "provid[e] " respondent with the laboratory report, " " in addition to moving to retry him within 60 days, " Davis, " 421 U.S., at 483 , 95 S.Ct. 1748 (emphasis added)

the application and the policy issued in pursuance thereof.

two judges, any one of whom is capable of performing judicial duties.

a tube adapted to slip upon a rope, and having on one of its sides an enlargement with interior screw-threads.

an operator undertakes to serve a carrier who is serving the public.

those issued under "the Alaska Anadromous Fish Act, the Endangered Species Act, the Clean Water and Clean Air acts, and the Protection of Wetlands, to name a few"); Dept.

the collection and' reduction to money of the 'assets of the bank, and the payment of creditors equally and ratably so far as the assets prove sufficient.

a person meets the basic statutory qualifications and (unless a disability diminishes) never goes away.

a large amount of testimony and of a correspondence by letter between the parties for a period of several years.

the pre-Constitution practice of using ""ex parte "examinations as evidence against the accused." " Ibid.

the fraud or misrepresentation for which waiver is sought, alluded to, through citation of § 1182 (a) (6)(G)(i), in the prologue.

an indigent defendant's loss of personal liberty through imprisonment.

the employment or use of deflecting plates, — one or two, — placed at the sides of a circular saw, for the purpose of enlarging or expanding the saw kerf to prevent the sawed stuff

the removing defendant to "show a nexus, a ' "causal connection" between the charged conduct and asserted official authority.' " Jefferson County v. Acker, 527 U. S. 423, 431 (1999

exactly what it says—i.e., no appeal from a motion in bar is to be granted after jeopardy attaches.

that if a State can achieve the same interest through other means, even if using race would allow it to achieve that interest in some (or even most) circumstances more effectively

the difference between the price paid at the North Dakota elevator and the market price, with an allowance for freight, at the Minnesota points to which the grain was shipped and s

those persons who desire to view television programs at times other than when they are broadcast, and who therefore purchase VTR recorders to enable them to time-shift.

recognizing that a business devoted to the sale of highly explicit sexual material can be found to be engaged in the marketing of obscenity, even though each book or film it sells

the supremacy of the authority of the United States when any conflict arises between the two governments.

any crime of violence (as defined in [ 18 U. S. C. § 16 ])" committed by certain persons, including spouses, former spouses, and parents.

a charge is filed with the EEOC alleging that an employer has engaged in an unlawful employment practice.

the certificate of a person who styles himself clerk of Baltimore county Court, that the paper to which his certificate is annexed, is a copy of a deed taken from the records of th

several tracts of land and the improvements put upon them, as is said, by community funds.

the statement signed by the master, mates and wheelman, and the declaration of the notary that he protests at the request of the master, as well on his own behalf as on the behalf

substantial-evidence review of the BIA's determination that Elias-Zacarias was ineligible for asylum.

an enhanced penalty for each and every § 924(c) count of conviction beyond a defendant's frst—even if those convictions were part of the same criminal prosecution.

part of a court-ordered reorganization and consolidation of 11 independent school districts in northern New Castle County.

the jury can consider relevant mitigating evidence of the character and record of the defendant and the circumstances of the crime.

the uninterrupted enjoyment of the possession.

reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner." Slack v. McDaniel, 529 U. S. 473, 484 (2000

judicial inquiry into not only an organization's "motivations" but also its "activities." Id., at 33, 3 N. W. 3d, at 682.

the provision that wherever a lawful lower price of a competitor threatens to deprive a seller of a customer, the seller, to retain that customer, may in good faith meet that lower

the changes that its Provisional Plan set forth-but as applied only to registration for federal elections.

not only contributions made directly or indirectly to a candidate, political party, or campaign committee, and contributions made to other organizations or individuals but earmarke

various communications and reports, made to the bank, of their own transactions, and of the admissions of parties.

the employment or use of elastic clamps attached to the ordinary adjustable and elastic beds, between which the stuff is fed to the saw.

the employment or use of knives or cutters secured to the adjustable beds, and so arranged as to cut or smooth off the rough and projecting sides of the stuff at the ends, making i

a Department employee who is appointed by the Secretary.

6 1/4 acres which lie in tract 'A' and 3 3/4 acres in tract 'B', these tracts being in separate ownership.

the doing of an act with a specific intent to deprive a person of a federal right.

theatrical productions need not always be performed in buildings or even on a defined area and as a conventional stage. Nor need they be performed by professional actors or be heav

either a military judge and at least five members, or the judge alone if the accused so requests.

roads of Illinois corporations, as well as roads of corporations of other states, and the power conferred on corporations of Illinois to make contracts 'for leasing' such roads inc

specified impairments acknowledged by the Secretary to be of sufficient severity to preclude gainful employment.

packets of letters made up with post-bills, and directed to certain post-offices for distribution or delivery; and whether these be conveyed in a bag or out of it, they are equally

two or more unions claim the right to perform a job which existed at the time their collective bargaining contracts with the employer were made.

The theory of the law, which supposes the acceptor to have funds of the drawer in his hands, is a theory mainly intended for the security of third persons, and leaves the transacti

where the parties, with the assent of the court, unite in trying a case on the theory that a particular matter is within the issues, that theory cannot be rejected when the case co

the description is such that the officer with a search warrant can with reasonable effort ascertain and identify the place intended.

the employment of any means other than the use of drugs for the measurement of the powers or range of human vision, or the determination of the accommodative and refractive states

its mode of operation, or that peculiar combination of devices which distinguish it from other machines.

only after the last act recited has been done.

in causes other than those of which the district courts generally had cognisance, under the 9th section of the act.

the word ' property ' as used, and can only be satisfied by an assignment of all the property of the debtor.

more than being allowed to confront the witnesses physically, more than the right to be tried by live testimony rather than affidavits.

at least one alleged tortfeasor was engaging in activity substantially related to traditional maritime activity and such activity is claimed to have been a proximate cause of the i

an expenditure by a person — (A) expressly advocating the election or defeat of a clearly identified candidate; and (B) that is not made in concert or cooperation with or at the re

a display of written, printed, or graphic matter upon the immediate container of any article.

the whole subject-matter of a patent is an embodied conception outside of the patent itself, which, to the mind of those expert in the art, stands out in clear and distinct relief,

the invention or discovery, as held in "McClurg v. Kingsland," 1 How.

a check signed by a bank officer and paid through a third party.

Before a stranger can avail himself of the exceptional privilege of suing for a breach of an agreement, to which he is not a party, he must, at least, show that it was intended for

where a trust is created for the benefit of a third party, though without his knowledge at the time, he may affirm the trust, and enforce its execution.