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
The right to be free from unreasonable discriminations belongs, under § 3(1), to each particular person. Where a dining car is available to passengers holding tickets entitling the
a merger which produces a firm controlling an undue percentage share of the relevant market, and results in a significant increase in the concentration of firms in that market is s
Only such contracts and combinations are within the act as, by reason of intent or the inherent nature of the contemplated acts, prejudice the public interests by unduly restrictin
persons involved in a labor dispute.
The ground of recovery in the latter instance is that the defendant has taken some undue advantage of the plaintiff's reputation, or that of his goods, and as the nature and extent
The term 'unfair labor practice' is not a term of art having an independent significance which transcends its statutory definition. The States are free (apart from pre-emption by C
The proceeding authorized to be taken by the Board under the National Labor Relations Act is not for the adjudication of private rights. It has few of the indicia of a private liti
employees striking in protest of an employer's unfair labor practices are entitled, absent some contractual or statutory provision to the contrary, to unconditional reinstatement w
The fact that a false statement may be obviously false to those who are trained and experienced does not change its character, nor take away its power to deceive others less experi
belongs to that class of phrases which does not admit of precise definition, but the meaning and application of which must be arrived at by what this court elsewhere has called 'th
Unfair or deceptive practices or unfair methods of competition,' as used in § 411, are broader concepts than the common-law idea of unfair competition. The section is concerned not
Congress did not regard the setting of a rate at a particular level as constituting an unfair or destructive competitive practice simply because that rate would divert some or all
The purpose of the proviso to protect the contractor against the unexpected, and its grammatical sense both militate against holding that the listed events are always to be regarde
an unforeseeable judicial enlargement of a criminal statute, applied retroactively, operates precisely like an ex post facto law. If a judicial construction of a criminal statute i
We accept the word 'unharmed' appearing in the proviso as meaning uninjured.
- uniformdefined inCase LawU.S. CodeCyclopedic (1922)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
equal and uniform' in the sense now asserted by the opponents of the tax, the words 'throughout the United States,' are deprived of all real significance, and sustaining the conten
the Army, Navy, Air Force, Marine Corps, Coast Guard, Environmental Science Services Administration, and Public Health Service.
the constitutional requirement of uniformity is not intrinsic, but geographic
It is settled that that clause exacts only a geographical uniformity.
It has been conclusively determined that the requirement of uniformity which the Constitution imposes upon Congress in the levy of excise taxes is not an intrinsic uniformity, but
The uniformity of taxation throughout the United States enjoined by article 1, § 8, is geographic, not intrinsic.
weighted average of minimum prices.
if the power existed in both courts and the Commission to originally hear complaints on this subject, there might be a divergence between the action of the Commission and the decis
Property must be wholly exempted or not exempted at all. No partial exemption or discrimination is permitted. To impose certain taxes exclusive upon one class of taxable property i
an employer's unilateral change in conditions of employment under negotiation is similarly a violation of §8(a)(5), for it is a circumvention of the duty to negotiate which frustra
Unincorporated joint-stock associations, although technically partnerships under the law of many states, are not in common parlance referred to as such. They have usually a fixed c
The second category described possessions of the United States not thought of as future States. To these only some essentials, withal undefined, of the Constitution extended.
These leagues are not corporations, quasi corporations, or organized pursuant to, or recognized by, any law. Neither is a person in law, and, unless authorized by statute, they hav
when a union is liable for damages for violation of the no-strike clause, its officers and members are not liable for these damages
Only upon the lading of the vessel or at least when she is ready to receive the cargo when there is 'union of ship and cargo'—does the contract become the contract of the vessel an
the fact that the corporate enterprise is a unitary one, in the sense that the ultimate gain is derived from the entire business, does not mean that for the purpose of taxation the
a school system within which no person is to be effectively excluded from any school because of race or color
the several States and Territories, the District of Columbia, and the possessions of the United States, but does not include the Canal Zone.
Every sovereign State is of necessity a body politic, or artifical person, and as such capable of making contracts and holding property, both real and personal. ... Although as a s
When the United States, by its authorized officer, become a party to negotiable paper, they have all the rights, and incur all the responsibility of individuals who are parties to
in suits brought in the name of the government for their benefit, the United States is a real litigant, not a mere nominal party, and that, of such suits, the government being plai
The question whether the United States is a party to a controversy is not determined by the merely nominal party on the record, but by the question of the effect of the judgment or
The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obli
These notes are obligations. They bind the national faith. They are, therefore, strictly securities. They secure the payment stipulated to the holders, by the pledge of the nationa
citizens of the United States, aliens admitted for permanent residence, and certain associations and corporations.
In construing the statutes on this subject, it has been stated by the court, on great deliberation, that the priority to which the United States are entitled, does not partake of t
In all cases of contract with the United States, they must have a right to enforce the performance of such contract, or to recover damages for their violation, by actions in their
if any common carrier shall directly or indirectly charge or receive from any person or persons a greater or less compensation than it charges or receives from any other person or
If there was interference with the achievement of [an adequate transportation system] because of a disparity of intrastate rates as compared with interstate rates, the Commission w
The fact that a rate is per se reasonable does not disprove the charge that it is unlawful... If rates are relatively unjust, so that undue preference is afforded to one locality o
Such claim under the doctrine of unjust enrichment is assimilated to an obligation of contract; and does not, in the absence of an identifiable res and a constructive trust based o
a contract may not be said to be either 'unjust' or 'unreasonable' simply because it is unprofitable to the public utility... the sole concern of the Commission would seem to be wh
The construction of the court of the local statute is that it requires the parties defendant in an action to quiet title to be designated 'by their names, as near as they can be as
any act (involving) the use of any electronic, mechanical, or other device (as defined in section 2510(5) of this title) in violation of the Constitution or laws of the United Stat
(1) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances (as defined in section 102(6) of the Co
for two or more to assemble and by force or violence prevent or attempt to prevent another from engaging in any lawful vocation constitutes an unlawful assemblage, and that the pro
those who during time of war pass surreptitiously from enemy territory into our own, discarding their uniforms upon entry, for the commission of hostile acts involving destruction
Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their bellig
Section 1 defines as an unlawful combination an aggregation of authors, composers, publishers, and owners of copyrighted vocal or instrumental musical compositions who form any soc
whether an unlawful combination or conspiracy is proved is to be judged by what the parties actually did rather than by the words they used
Acceptance by competitors, without previous agreement, of an invitation to participate in a plan, the necessary consequence of which, if carried out, is restraint of interstate com
The section purports to give the owners of less than one-half the land within 400 feet of the proposed building authority-uncontrolled by any standard or rule prescribed by legisla
part of the property owners fronting on the block determine the extent of use that other owners shall make of their lots, and against the restriction they are impotent. ... The sta
Unlawful duress is a good defence to a contract if it includes such degree of constraint or danger, either actually inflicted or threatened and impending, as is sufficient in sever
any such statutory matters; the only purely statutory transgressions warranting suppression are those falling within paragraphs (ii) and (iii).
The word 'unlawful' has no such narrow meaning. Literally it is broad enough to include any unlawful purpose, such as to aid in concealing what has been done and thus in avoiding p
acts in themselves legal lose that character when they become part of an unlawful scheme.
however, it cannot mean "unless there are sound policy reasons for concluding otherwise.
of course, unless the court has jurisdiction over the person of the defendant.
It is well understood that executive officers are not authorized to entertain and settle claims for unliquidated damages.
judged by the 'totality of the circumstances,' the conduct of identification procedures may be 'so unnecessarily suggestive and conducive to irreparable mistaken identification' as
The Due Process Clause of the Fifth and Fourteenth Amendments forbids a lineup that is unnecessarily suggestive and conducive to irreparable mistaken identification
If a taxpayer has filed fraudulent returns, a tax liability exists without regard to any period of limitations. Section 7602 authorizes the Commissioner to investigate any such lia
those public lands of the United States which have not been offered at public sale.
various "collection alternatives," § 6330(c)(2)(A), and decisions about "whether [a tax] liability remains unpaid," Brief for Petitioner 25, n. 3 (internal quotation marks omitted;
When a competent court has declared his pretentions without sufficient foundation, we think good faith and the spirit of the enactment demands that he act with such promptness as t
an agreement on the part of the members of a combination controlling a substantial part of an industry, upon the prices which the members are to charge for their commodity, is in i
[The Fourth Amendment's first clause] is general and forbids every search that is unreasonable; it protects all, those suspected or known to be offenders as well as the innocent, a
the guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment has been construed, practically since the beginning of the government, as recognizing a nece
sales made below cost without legitimate commercial objective and with specific intent to destroy competition would clearly fall within the prohibitions of § 3
the gross income (excluding any exempt function income), less the deductions allowed by this chapter which are directly connected with the production of the gross income (excluding
when paper is indorsed without restriction by a depositor, and is at once passed to his credit by the bank to which he delivers it, he becomes the creditor of the bank; the bank be
Section 406(a), which provides for the system of tolerances, constitutes by its terms a definition of the term 'unsafe,' which appears in § 402(a)(2), a prohibition of foods which
Unseaworthiness, as is well understood, embraces certain species of negligence; while the statute includes several additional species not embraced in that term.
The distinction is apparent between suits such as this where the unseaworthiness of a vessel is merely a condition of exemption and suits where the unseaworthiness of a vessel is t
inadequate for the purpose for which it was ordinarily used
An unsecured municipal security is therefore merely a draft on the good faith of a municipality in exercising its taxing power.
the time during which all monthly payments were to be made, and give the right to retain the fifteen per cent.
contrary to custom.
those factors "involving considerations of solvency, economic duress, etc." "Id.", at 366, n. 14.
immediately or very soon after.
structures such as wharves and piers, permanently affixed to land, are extensions of the land. Thus, literally read, a statute that covers injuries 'upon the navigable waters' woul
the space above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment.
- usagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
the custom of a party to deliver a part of a quantity of goods contracted to be delivered, though invariable, cannot excuse such party from a full compliance with his contract, unl
Hence, of necessity, usages have been established in every department of the government, which have become a kind of common law, and regulate the rights and duties of those who act
when a note is made payable or negotiable at a bank, whose invariable usage it is to demand payment, and give notice on the fourth day of grace, the parties are bound by that usage
Evidence of usage or custom is, however, never considered of this character; but is received for the purpose of ascertaining the sense and understanding of parties by their contrac
- usedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
active employment of a firearm.
in the connection found, "employed", and doubtless, in the mind of Congress, was intended to refer to vessels solely employed in rivers or inland navigation.
a vehicle used solely for commuting to an illegal distillery is not used in violating the revenue laws
The acknowledgment serves a significant psychological purpose by receipting the purchase and assuring the owner that his ticket is properly registered. Before this function is fulf
As used in the statute, 'useful art' includes method which in this case is used interchangeably with process
the period for which it may reasonably be expected to be employed in the taxpayer's business
It now is established that when the use of his own name upon his goods by a later competitor will and does lead the public to understand that those goods are the product of a conce
That one's uses of his property may be subject to the servitude of the wrongful use by another of his property seems an anomaly. It upsets the presumptions of law, and takes from h