Definitions from Case Law
U.S. Supreme Court case-identified definitions — browse every term in this dictionary, A–Z.
Showing the 9,006 terms defined in Definitions from Case Law. Browse all dictionaries
[T]he rule denying standing to raise another's rights, which is only a rule of practice
The term 'third persons,' as there used, does not embrace all persons other than the United States and the claimants, but only those who hold superior titles, such as will enable t
denouncing slavery and involuntary servitude, that is, a condition of enforced compulsory service of one to another does not in other matters protect the individual rights of perso
every wrong done to an individual by another, acting singly or in concert with others, operates pro tanto to abridge some of the freedom to which the individual is entitled. ... bu
that in federal courts counsel must be provided for defendants unable to employ counsel unless the right is competently and intelligently waived.
that a statute that creates a particular governmental program and that raises revenue to support that program, as opposed to a statute that raises revenue to support Government gen
not only the right to assistance of counsel at trial, "Gideon v. Wainwright," 372 U.S. 335 , 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), but also to the assistance of counsel on appeal.
the federal habeas petitioner to "invok[e] one complete round of the State's established appellate review process." "O'Sullivan" v. "Boerckel," 526 U. S. 838, 845 (1999).
is the STB's jurisdiction over rail transportation within the United States.
the sentencing court to alert the jury to its constitutional role in capital sentencing.
that a prevailing plaintiff shall receive her costs "except in unusual circumstances," and we held last Term that a claim to an attorney's fee is not defeated if the plaintiff prev
laws pertaining exclusively to the District of Columbia, because the alternative construction would have defeated the congressional purpose "to effect a substantial relief to this
the entire § 2 of the Act, only subsections (a) and (b) dealing with seller liability involve discriminations in price.
that, under certain circumstance, States must draw "opportunity" districts in which minority groups form "effective majorit[ies]," LULAC, supra, at 426.
a causal connection 2 CHEVRON USA INC. v. PLAQUEMINES PARISH JACKSON, J., concurring in judgment between the charged conduct and asserted official author- ity." Willingham v. Morga
other provisions that use the defined terms, for example a provision that forbids "discriminat[ing] against a qualified individual with a disability because of the disability." §12
the following statements: "Ocean-front lands from the northern to the southern border of the state ought to be treated uniformly." 254 Ore., at 595, 462 P. 2d, at 676.
that suppression motions, as a method of enforcing the prohibition of § 2515, must be made in accordance with the restrictions upon forums, procedures, and grounds specified in § 2
that a claim arises under federal law if federal law provides a necessary element of the plaintiff's claim for relief.
- threatdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
the creation of an appearance of an intent to inflict injury even without a design to carry it out; and that 'dues, fees, or other monies required as a condition of membership in a
those which are likely to become an endangered species within the foreseeable future throughout all or a significant portion of their range.
The statutory protection for the distribution of handbills would be undermined if a threat to engage in protected conduct were not itself protected
When an application for a statutory three-judge court is addressed to a district court, the court's inquiry is appropriately limited to determining whether the constitutional quest
section 266 requires the concurrence of two things in order to give the three-judge court jurisdiction: (1) The suit must seek to have a state statute declared unconstitutional, or
The three-judge requirement is a technical one to be narrowly construed. The statute comes into play only when an injunction is sought 'upon the ground of the unconstitutionality'
Section 2281 was designed to provide a more responsible forum for the litigation of suits which, if successful, would render void state statutes embodying important state policies.
artificial extensions of land such as the jetties that are at issue in this case.
The three-mile rule is but a recognition of the necessity that a government next to the sea must be able to protect itself from dangers incident to its location. It must have power
both the Court's searching evaluation of the CIA Director's declaration and its review of the record to ensure that nothing "casts doubt" on the Director's explanation.
clear through the county,—from one end of the county to the other; and that, while the railway enters the north line of the county, and runs within the county limits a distance of
The bill of lading, required to be issued by the initial carrier upon an interstate shipment, 'governs the entire transportation, and thus fixes the obligations of all participatin
discretionary appellate review as well as the now almost extinct mandatory appellate review in this Court.
A 'through route' is an arrangement, express or implied, between connecting railroads for the continuous carriage of goods from the originating point on the line of one carrier to
A contract binds the person of the maker, but does not create an interest in the property that it may concern, unless it also operates as a conveyance. The ticket was not a conveya
only shorelands or those lands beneath tidal waters which are immediately adjacent to the sea.
Now there is certainly nothing in the ebb and flow of the tide that makes the waters peculiarly suitable for admiralty jurisdiction, nor any thing in the absence of a tide that ren
The time of payment is made a substantial, and not a mere formal, circumstance; it enters into the essence of the contract; and, therefore, must be observed.
the time of commencing the current active duty.
The phrase in § 4(a), 'Any alien who was at the time of entering the United States, or has been at any time thereafter,' refers to the time the alien was lawfully permitted to make
The time fixed for performance, is, at law, deemed of the essence of the contract. And if the seller is not ready and able to perform his part of the agreement, on that day, the pu
The rule, that time is not of the essence of a contract, has certainly been recognized in Courts of equity; and there can be no doubt, to perform his part of a purchaser or vendor,
the time to fix the value, in a case like this, when the goods have been procured rather than purchased, is the time of procurement, and when purchased, is the time of the purchase
Time may be, and often is, of the essence of a contract for the purchase and sale of real property, so that courts of equity will not interfere in behalf of either party. It may be
If a municipality has authority to control the use of its public streets for parades or processions, as it undoubtedly has, it cannot be denied authority to give consideration, wit
The crucial question is whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time.
reasonable 'time, place and manner' regulations of picketing may be necessary to further significant governmental interests
[A]ppropriate, limited discretion, under properly drawn statutes, or ordinances, concerning the time, place, duration, or manner of use of the streets for public assemblies may be
These comprehensive words embrace authority to provide a complete code for congressional elections, not only as to times and places, but in relation to notices, registration, super
- titledefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
a regular chain of transfer from or under the sovereignty of the soil
By the term title, as used in this section, is meant a regular chain of transfer from and under the sovereignty of the soil; and color of title is constituted by a consecutive chai
A title thus traced is a good one, in a court of common law, except in a single case: it is a good title against all the world except the right owner.
the petitioners have proved a possession, which constitutes a title by prescription, by the laws of Spain.
it is a case, not of a defective title, but of a title defectively stated, which is always cured by the verdict.
If, then, Cain had such a title as a court of equity would recognize and convert, by its decree, into a legal title, it must be considered a title in equity within the meaning of t
This title of the owner of fast land upon the shore of a navigable river to the bed of the river is, at best, a qualified one. It is a title which inheres in the ownership of the s
It is perfectly clear, that no title to lands can be acquired or passed, unless according to the laws of the State in which they are situate.
The titulo given to the party is merely a certificate by the Governor of the acts that have been done in the regular course of official procedure towards the disposal of a part of
all cases arising or happening on the sea, growing out of war or commerce, and all cases strictly of maritime contracts.
a power to determine, free of judicial interference, the form which its authorization of hostilities will take.' This may be correct.
the right of a registrant personally to appear? Does it include the right of a registrant to appear through an attorney or with an attorney? Is the question to be resolved 'under t
murder, drug trafficking crimes, and firearm trafficking offenses.
smoking marihuana.
- tolldefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
[t]o take away, bar, defeat, [or] annul." See 18 Oxford English Dictionary 204 (2d ed. 1989); Webster's New International Dictionary 2662 (2d ed. 1957) ("[t]o take away; to vacate;
The basic question to be answered in determining whether, under a given set of facts, a statute of limitations is to be tolled, is one of legislative intent whether the right shall
the method of calculating the amount of time available to file suit after tolling has ended.
a proprietor's charge for the passage over a highway or bridge, exacted when and as the privilege of passage is exercised
the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship." S. Rep.
to change moderately or in minor fashion.
the combining or bringing together, in the hands of one person or set of persons, of the control of, or the power to control, several rival and competing businesses, to the end tha
- tonnagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
the contents of the vessel expressed in tons, each of one hundred cubical feet.
to "check, hold back, or prevent (a person or thing) from some course of action." 5 Oxford English Dictionary 756 (2d ed. 1989) (emphasis deleted); Webster's Third New Internationa
- tortdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
the law of prize), and the statute's mixture of terms expansive ("all suits"), see, "e.
a tort to the person or property of one man does not make the tort-feasor liable to another merely because the injured person was under a contract with that other unknown to the do
Upon default in payment of any instalment of the purchase-money, the possession becomes tortious, and the vendor may at once bring ejectment.
Nor is the definition of the term 'torts,' when used in reference to admiralty jurisdiction, confined to wrongs or injuries committed by direct force. It includes, also, wrongs suf
to solicit or receive an order for, to keep or expose for sale, and to keep with intent to sell and shall include the delivery of any alcoholic beverage in the state.
Total disability' does not mean helplessness or complete disability, but it includes more than that which is partial.
both respirable and nonrespirable cotton dust.
There is no guide to the decision of cases such as this, except the totality of circumstances that bear on the two factors we have mentioned.
A claimed violation of due process of law in the conduct of a confrontation depends on the totality of the circumstances surrounding it.
- total lossdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
Evidence, however, that the injured vessel is sunk is not of itself sufficient to show that the loss was total, nor is it sufficient to justify the master and owner in abandoning t
It seems now clear that a technical total loss may arise from the mere deterioration of a cargo by any of the perils insured against, if the deterioration be ascertained at an inte
(1) life insurance reserves, (2) unearned premiums, and unpaid losses (whether or not ascertained), not included in life insurance reserves, and (3) all other insurance reserves re
The proposition appears too self evident not to command universal assent, that when only a part of a cargo, consisting all of the same kind of articles, is lost in any way whatever
to the date of the decision of the Commissioner that an overassessment has been made, L e., to December 9, 1922, to the final approval of the refund by the Commissioner January 16,
Touching, in its nautical sense, is known to be the most restrictive word that can be adopted in such a case. Construing the license according to the subject matter, and in its nec
The supplying of power by a vessel, usually one propelled by steam, to tow or draw another is towage.
A contract merely for towage does not require or contemplate such a delivery as is ordinarily deemed essential to bailment.
Towage service is the employment of one vessel to expedite the voyage of another.
Although the policy of the law has not imposed on the towing boat the obligation resting on a common carrier, it does require on the part of the persons engaged in her management,
- towndefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
any walled collection of houses.
and recognises the law as decided in "Roberts" v. "Withered", in 5 "Mod." The decision there, was, that by the illegal act of the party the property was divested out of him.
a commission may [not] compel them to build branch lines, so as to connect roads lying at a distance from each other; nor does it mean that they may be required to make connections
- tractdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
land, not timber, and the words 'equivalent quantity' refer to the antecedent word 'tract,' and consequently also mean land.
- tradedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
[T]he word 'trade' is often, and indeed generally, used in a broader sense, as equivalent to occupation, employment, or business, whether manual or mercantile. Wherever any occupat
The negotiations between union and management result in what often has been called a trade agreement, rather than in a contract of employment. Without pushing the analogy too far,
While in a narrow and restricted sense the terms 'commerce,' or commercial,' and 'trade' may be limited to the purchase and sale or exchange of goods and commodities, they may conn
If the house were built principally for a dwelling house for the family, independently of carrying on the trade, then it would doubtless be deemed a fixture, falling under the gene
The right to use a trademark is recognized as a kind of property, of which the owner is entitled to the exclusive enjoyment to the extent that it has been actually used. The infrin
any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or so