Definitions from Case Law

The trademark is treated as merely a protection for the good will, and not the subject of property except in connection with an existing business.

the essence of the wrong consists in the sale of the goods of one manufacturer or vendor as those of another; and that it is only when this false representation is directly or indi

Devoting one's time and energies to the affairs of a corporation is not of itself, and without more, a trade or business of the person so engaged. Though such activities may produc

The fact that it is cooperative, and procures service and facilities on behalf of its members only, does not remove its activities from the sphere of business. If, as we hold, the

The trade right of the respondent, however, whether with respect to the complete structure or its separate parts, is merely the right to have that which it lawfully produces freely

The term 'trade routes' serves as a general designation both for the lists of customers built up by solicitation over the years and for the continued hold of the Laundry upon their

a tradesman 'as substantially the same as shopkeeper.'... 'one who makes it his business to buy merchandise or goods or chattels to sell again for the purpose of making a profit.

As a general rule, there must be ambiguity or uncertainty upon the face of the written instrument, arising out of the terms used by the parties, in order to justify the extraneous

In ascertaining the amount which is so applicable, the plaintiffs contend that one of the learned professions may be taken as the standard, with as much propriety as the trade or a

a great variety of acts, each of which constitutes part of the thing.

wherever the business, according to the usual mode of conducting it, imports, in its nature, the necessity of buying and selling, the firm is then properly regarded as a trading pa

every kind of trading or commercial dealing or intercourse, whether by transmission of money or of goods, or orders for the delivery of either between two countries (at war), direc

By the general law of war, every American ship, sailing under the pass or license of the enemy, or trading with the enemy, is deemed to be an enemy's ship, and forfeited as prize.

If by trading, in prize law was meant that signification of the term which consists in negotiation or contract, this case would not come under the penalties of the rule. But the ob

The sailing on a voyage under the license and passport of protection of the enemy, in furtherance of his views or interests, constitutes such an act of illegality, as subjects the

It was resolved, that 'from henceforth' should be accounted from the day of delivery of the indentures, and not from the day of their date; for the words of an indenture are not of

The terms of the act of congress seem to imply an intentional offence on the part of the owners... when there is no such intention; when the vessel has been absolutely forced, by s

all piggyback service is, by its essential nature, bimodal. It partakes of both the railroad and the trucking functions.

It will be perceived that the air-brake provision deals with running a train, while the other requirements relate to hauling or using a car. In one a train is the unit and in the o

instruction or teaching designed to impart a specific skill, as opposed to general knowledge"); §2339A(b)(3) ("'expert advice or assistance' means advice or assistance derived from

to tread heavily so as to bruise, crush, or injure; to inflict injury or destruction: have a contemptuous or ruthless attitude.

Transaction' is a word of flexible meaning. It may comprehend a series of many occurrences, depending not so much upon the immediateness of their connection as upon their logical r

not a technical phrase, or one of art... broad enough to embrace at least any action or business operation... by which property previously acquired is devoted exclusively to the pr

the applicability of § 4(1) should turn on whether the particular class of persons affected need the protection of the Act. An offering to those who are shown to be able to fend fo

a corporation is engaged in transacting business in a district, within the meaning of this section, in such sense as to establish the venue of a suit—although not present by agents

not only the sale of property, but every other and different mode of disposing of or parting with property.

The phrasing of §70a(5), however, suggests that it contemplates a voluntary transfer and is not satisfied simply because property could have been transferred by operation of law, s

The statute is not aimed at every transfer of the legal title without consideration. It is aimed at transfers of the title that have the quality of a gift, and a gift is not consum

where, as in New York, the court is to substitute itself as nearly as may be for the incompetent, and to act upon the same motives and considerations as would have moved her, the t

It applies only to cases of voluntary assignment of demands against the Government, and does not embrace cases where there has been a transfer of title by operation of law.

the case is brought within the very terms of the act of Congress, which does not require a beneficial or bona fide sale, but a transmutation of ownership, 'by way of trust, confide

heir, legatee, devisee, and distributee.

One who receives corporate assets upon dissolution is severally liable, to the extent of assets received, for the payment of taxes of the corporation; and other stockholders or tra

such a transfer in effect is testamentary; that is to say, a substitute for either a disposition by will or a passing in virtue of intestacy

Both the loan of stock and the return of borrowed stock involve 'transfers of legal title to shares or certificates of stock' within the express terms of the statute; and deliverie

One who holds such shares—the bank being at the time insolvent—cannot escape the individual liability imposed by the statute by transferring his stock with intent simply to avoid t

The grant of that authority is a transfer of 'the right to receive' within the meaning of the act; and we are not to look beyond the act for further criteria of taxability.

the transaction amounts to a transfer sub modo, and the lien must be regarded as attaching to the property itself, and as paramount to any other liens arising from the prior act of

not a property tax but one laid on the transfer of property on the death of the owner

Transformation and reduction of an article 'to a different state or thing' is the clue to the patentability of a process claim that does not include particular machines.

An action for personal injuries being in its nature transitory and susceptible of being brought in any jurisdiction in which the defendant may be impleaded, there is no foundation

There are many cases where right and remedy are so united that the right cannot be enforced except in the manner and before the tribunal designated by the act. For the rule is well

Transitory phases of an arrangement frequently are disregarded under these sections of the revenue acts where they add nothing of substance to the completed affair.

a transitory seisin, for an instant, when the same act that gives the estate to the husband conveys it out of him, as in the case of the conusee of a fine, is not sufficient to giv

Under a practice prevailing at primary grain markets, known as the through rates with transit privilege, one who reships grain on the same railroad which had brought it into the ma

And it seems very clear that at common law, contingent remainders and executory devises are transmissible to the heirs of the party to whom they are limited, if he chance to die be

inter alia, ""[t]o send or transfer from one person or place to another; to *494 forward by rail, post, wire, etc., .

There is no doubt but that the word transport, correctly interpreted as well as in its ordinary acceptation, means to carry, to convey; and in this sense it seems to a majority of

all instrumentalities of shipment or carriage.

The regulation is applied to one who is not himself engaged in the transportation but who acts only as broker or intermediary in negotiating a transportation contract between the p

transportation of livestock by rail was held to begin with its delivery to the carrier for loading onto its cars, and to end only after unloading for delivery or tender to the cons

a common carrier for compensation over any public highway between fixed termini or over a regular route.

the act of 'causing a firearm to be transported,' and therefore would connote an offense separate in some cases from 'receives' or 'possesses.' From this, the Government argues tha

Three conditions must thus be satisfied: (1) The expense must be a reasonable and necessary traveling expense, as that term is generally understood. This includes such items as tra

all such salesmen, whether or not they are independent contractors selling the products or services of the bankrupt on a commission basis, with or without a drawing account or form

all such salesmen, whether or not they are independent contractors selling the products or services of the bankrupt on a commission basis, with or without a drawing account or form

The words 'necessary to his departure' when applied to deportations would normally refer to a lawful departure from this country and a lawful entrance into another. The alien satis

the crime thus consists of two elements—adhering to the enemy; and giving him aid and comfort. One may think disloyal thoughts and have his heart on the side of the enemy. Yet if h

He who, being bound by his allegiance to a government, sells goods to the agent of an armed combination to overthrow that government, knowing that the purchaser buys them for that

Where the act uses ambiguous terms, or is of doubtful construction, a clarifying regulation or one indicating the method of its application to specific cases not only is permissibl

Treasury regulations and interpretations long continued without substantial change, applying to unamended or substantially reenacted statutes, are deemed to have received congressi

An account stated at the treasury department, which does not arise in the ordinary mode of doing business in that department, can derive no additional validity from being certified

treaties stipulating for permanent rights, and general arrangements, and professing to aim at perpetuity, and to deal with the case of war as well as of peace, do not cease on the

Treaties are to be liberally construed, so as to effect the apparent intention of the parties. When a treaty provision fairly admits of two constructions, one restricting, the othe

treaties of amity, of alliance, and the like, having a political character, the object of which 'is to promote relations of harmony between nation and nation,' are generally regard

the general purpose of treaties of amity and commerce is to avoid injurious discrimination in either country against the citizens of the other

Treaties with Indian nations within the jurisdiction of the United States, whatever considerations of humanity and good faith may be involved and require their faithful observance,

any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutr

The statute does not undertake to compel agreement between the employer and employees, but it does command those preliminary steps without which no agreement can be reached. It at

any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution.

the intention to abrogate or modify a treaty is not to be lightly imputed to the Congress

under the Constitution the treaty-making power resides in the President and Senate, and when through their action a treaty is made and proclaimed it becomes a law of the United Sta

it is a sound principle of national law, and applies to the treaty-making power of this government, whether exercised with a foreign nation or an Indian tribe, that all questions o

The contractual limitations which it provides are manifestly intended not to control or limit the right of either of the governments to deal with its own citizens and their propert

The right to fish 'at all usual and accustomed' places may, of course, not be qualified by the State... But the manner of fishing, the size of the take, the restriction of commerci

compacts between governments or nations, like those between individuals, should be interpreted according to the natural, fair, and received acceptation of the terms in which they a

The treatymaking power is broad enough to cover all subjects that properly pertain to our foreign relations, and agreement with respect to the rights and privileges of citizens of

the reservation created an equitable interest to the land to be selected under the treaty; that it was the subject of sale and conveyance; that the reservee was competent to convey

when the United States, in a treaty with an Indian tribe, and as part of the consideration for the cession by the tribe of a tract of country to the United States, make a reservati

the words 'shall be ratified and confirmed,' in reference to perfect titles, should be construed to mean 'are' ratified and confirmed, in the present tense... when the soil and sov

The plea of limitations can defeat the remedy only. The debt remains. But if the bar had been complete, yet it was forever removed by the treaty. This was a bona fide debt, contrac

[Courts'] part it is, as one provision or another is involved in some actual controversy before them, to determine whether, alone, or by force of connection with an inseparable sch

where one enters the premises of another under authority of law, his subsequent misconduct while there taints the entry from the beginning with illegality. This fiction, obviously

not doing a thing cannot make a party a trespasser ab initio, because not doing is no trespass

The basic purpose of a trial is the determination of truth

a trial by arbitrators, appointed by the court with the consent of both parties, is one of the modes of prosecuting a suit to judgment as well established and as fully warranted by

That it means a trial by jury as understood and applied at common law, and includes all the essential elements as they were recognized in this country and England when the Constitu

a proceeding "in which the whole case is gone into as if no trial whatever had been had" in the initial tri- bunal.

The judge conducting a jury trial in a federal court is 'not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct

The mode of conducting trials, the order of introducing evidence, and the times when it is to be introduced, are, properly, matters belonging to the practice of the Circuit Courts,

under Title IV of the Civil Rights Act of 1968, 'the tribal consent that is prerequisite to the assumption of state jurisdiction...must be manifested by majority vote of the enroll

a distinct estate consisting of the minerals carved out of allotted land by reservation in trust patents; this estate is in itself land, and, being reserved for the benefit of the

the right of individual Indians to share in tribal property, whether lands or funds, depends on tribal membership and is terminated when the membership is ended. Under the operatio

If the tribal organization of the Shawnees is preserved intact, and recognized by the political department of the government as existing, then they are a 'people distinct from othe

Anterior to this legislation the lands and funds belonged to the tribe as a community, and not to the members severally or as tenants in common. The right of each individual to par

Indian," the definition of "Indian" must control which groups can be considered a "tribe," is entirely circular.

It is a principle, that a decision of such a tribunal, in a case clearly without its jurisdiction, cannot protect the officer who executes it. The court and the officer are all tre

in every instance in which a tribunal has decided upon a matter within its regular jurisdiction, its decision must be presumed proper, and is binding until it shall be regularly re

all stream systems the waters of which naturally drain into the mainstream of the Colorado River below Lee Ferry.

The word 'troops' had, at the time of the passage of the land grant acts, and ever since has had, an established meaning, namely, 'soldiers collectively-a body of soldiers.