Definitions from Case Law

to act with knowledge that one's conduct is unlawful and with the intent to do something the law forbids, that is to say with the bad purpose to disobey or to disregard the law.

deliberately and with knowledge and not something which is merely careless or negligent or inadvertent

We cannot hold that the classic method of evading the income tax, the filing of a false return, did not constitute an attempt 'in any manner to defeat or evade' that tax.

The gist of the offense is refusal to answer pertinent questions. No moral turpitude is involved. Intentional violation is sufficient to constitute guilt.

The conduct proscribed is the affirmative act of willfully remaining, and the crucial word 'remains' permits no connotation other than continuing presence... it is true that remain

willfulness 'involves a specific intent which must be proven by independent evidence and which cannot be inferred from the mere understatement of income

at minimum, that in imposing fines as punishment for criminal conduct more care must be taken to provide for those whose lack of funds would otherwise automatically convert a fine

It is an acknowledged principle of law, that the title and disposition of real property is exclusively subject to the laws of the country where it is situated, which can alone pres

the changing of the silk from the skein form to its form on a bobbin or spool.

The power of the government to reserve the waters and exempt them from appropriation under the state laws is not denied, and could not be. ... it would be extreme to believe that w

The protection intended and afforded by the statute is of the means of communication and not of the secrecy of the conversation. What is protected is the message itself throughout

an order issued by the President, Secretary of the Interior, Commissioner of the General Land Office, or other proper officer, whereby public lands are withheld from sale and entry

an individual cannot be held criminally liable for substantive offenses committed by members of the conspiracy before that individual had joined or after he had withdrawn from the

It seems to be an ingredient in the character of property, that a person who has made some advances towards acquiring it, may relinquish it; provided the rights of others be not af

when duties are based upon the weight of merchandise deposited in any public or private bonded warehouse, said duties shall be levied and collected upon the weight of such merchand

after an Elongata returned, a Withernum may go against the general goods of the tenant.

the area from within which he might gain possession of a weapon or destructible evidence

the jurisdiction of the District Court to issue the writ in cases such as this is restricted to those petitioners who are confined or detained within the territorial jurisdiction o

constitutionally the property was 'within the jurisdiction of the state' of Oregon since that jurisdiction is dependent not on the physical location of the property in the state bu

all territory within the boundaries of this State.

inspection by opening the hogshead and sampling the contents.

for the purpose of determining seniority the returning veteran is to be treated as though he has been continuously employed during the period spent in the armed forces

without passing upon any other question than an absolute proposition of law, and that this proposition is that a vote in another precinct is fatal to a claim of residence.

the words were used in a broad and nontechnical sense, as precluding, at least, any form of arrangement or agreement in consequence of which the bank is obligated to save the purch

The words 'refuses or neglects to make payment * * * without sufficient cause' connote, either conduct which is in some sense arbitrary or willful, or at least a failure not attrib

all territory without the boundaries of this State.

Circumstances may justify a brief delay between arrest and arraignment, as for instance, where the story volunteered by the accused is susceptible of quick verification through thi

referring to," "concerning," or "relating 8 JENNINGS v. RODRIGUEZ HOMAS, of TOpinion J.,Tconcurring HOMAS, J. to." Oxford American Dictionary and Language Guide 853 (1999 ed.); acc

The word is patently ambiguous: it can fairly be applied to anyone who gives testimony in a proceeding, although the proceeding immediately or potentially involves him as a party,

It is a mistake, to suppose that the common law doctrine, as to competency, is applicable to prize proceedings. In courts of prize, no person is incompetent merely on the ground of

a party to negotiable paper who, by the sanction of his name, gave it credit and currency, could not afterwards, upon his own testimony, invalidate the instrument, by showing that

To say that a witness-spouse may be prevented from testifying voluntarily simply means that the party has a privilege to exclude the testimony; when, on the other hand, the spouse

a witness is qualified to testify to the genuineness of a controverted signature if he has the proper knowledge of the party's handwriting... if the court, on the preliminary exami

The true rule, well founded in reason and sustained by the greater weight of authority, is that suitors, as well as witnesses, coming from another state or jurisdiction, are exempt

A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in whic

physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his busines

every kind of incidental operation preparatory to putting goods into the stream of commerce.

the owner of the lease is said to own the 'working interest' because he has the right to develop and produce the minerals

Whether time is spent predominantly for the employer's benefit or for the employee's is a question dependent upon all the circumstances of the case.

a work prepared by an employee within the scope of the duties of his employment, but not including a work made on special order or commission.

Workmen's compensation acts are treated, almost universally, as creating a statutory relation between the parties-not, like employer's liability acts, as substituting a statutory t

the liability under Workmen's Compensation Acts is not for a tort. It is imposed as an incident of the employment relationship, as a cost to be borne by the business enterprise, ra

the remedy which the compensation statute attempts to give is of a character wholly unknown to the common law, incapable of enforcement by the ordinary processes of any court, and

Historically, workmen's compensation statutes were the offspring of a desire to give injured workers a quicker and more certain recovery than can be obtained from tort suits based

work or employment... as meaning physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefi

the general policy against invading the privacy of an attorney's course of preparation is so well recognized and so essential to an orderly working of our system of legal procedure

Proper preparation of a client's case demands that he assemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan

things and places furnished by the carriers to be used by their employees in the performance of their work

works of artistic craftsmanship, in so far as their form but not their mechanical or utilitarian aspects are concerned, such as artistic jewelry, enamels, glassware, and tapestries

pictorial, graphic, and sculptural works," § 102(a)(5), which the statute defines to include "two-dimensional and three-dimensional works of fine, graphic, and applied art, photogr

work which exists in significant numbers either in the region where such individual lives or in several regions of the country.

primarily and popularly a yarn or fabric made wholly of wool.

and contemplates cases of traumatism and nervous troubles, the consequences of which do not immediately become manifest in the organism but which can be related to the accident.' "

Shipwreck is a matter of revenue. In a legal wreck, the goods must come on shore. Fetsam, flotsam and ligan, are not matters of revenue, and are cognizable in the Admiralty; but wr

It is the sheriff's duty, say the court, to obey the writ, and the writ commands him to take the defendant and him safely keep, so that he may have him ready to satisfy the plainti

letters," and insist that even if the general phrase " other publication " is allowed to apply to the word, the sending or mailing a letter by one person to *261 another is a suffi

the writ ne exeat would not be issued in a case of this sort where the defendant presently owes no debt to the complainant nor is under any fixed duty by reason of the receipt of m

[the writ of certiorari] was used by this court as an auxiliary process only, to supply imperfections in the record of a case already before it; and not, like a writ of error, to r

A writ of error is a common law process, and removes for re-examination, nothing but the law.

The word 'damages' is here used, not as descriptive of the nature of the claim upon which the original judgment is founded, but as descriptive of the indemnity which the defendant

when a verdict and judgment upon it has been had in ejectment, on which nominal damages are only awarded, (except in cases between landlord and tenant…) and a writ of error has bee

In the case of courts of common law, the court at a subsequent term has power to correct inaccuracies in mere matters of form, or clerical errors, and, in civil cases, to rectify s

At common law a writ of error coram vobis brought before the court certain mistakes of fact not put in issue or passed upon, such as the death of a party, coverture, infancy, error

Writs of error to the State courts can only issue when one of the questions mentioned in the 25th section of that act was decided by the court to which the writ is directed, and in

it is not material whether the invalidity of the title was decreed in the Supreme Court of Arkansas upon a question of fact or of law. The fact that the title was rejected in that

The writ of error, in cases of common law, remains in force, and submits to the revision of the supreme court only the law. The remedy by appeal is confined to admiralty and equity

The difference between the two modes of securing a review, as contemplated by the statute, lies in the fact that a writ of error is granted as of right, while a writ of certiorari

When the error alleged does not appear on the face of the record, or on a demurrer, a bill of exceptions to the ruling of the court on questions of law, either in admitting or reje

At common law, the writ of fieri facias had relation to its teste, though in fact issued subsequently, and bound the goods of the defendant from that date. The act of 29 Car. II. (

the power conferred on a federal court to issue a writ of habeas corpus to inquire into the cause of the detention of any person asserting that he is being held in custody by the a

The Court is also of opinion that the production of the note, on executing the writ of enquiry, was necessary. The default dispenses with the proof of the note, but not with its pr

This writ is applicable only in the supervision of the proceedings of inferior courts, in cases where there is a legal right, without any existing legal remedy.

The writ is a restraint upon the common right of movement from place to place within the United States and upon emigration.

a writ of prohibition is an independent adversary suit which was finally determined by the judgment under review

The historic use of writs of prohibition and mandamus directed by an appellate to an inferior court has been to exert the revisory appellate power over the inferior court. The writ

the modern practice is to apply to the court on the coming down of the mandate from the appellate tribunal and the entry of the judgment of reversal for a writ of restitution, sett

Upon the retorno habendo, if the identical goods distrained, are found in the hands of the tenant undisposed of, and unincumbered, they may be taken by the Sheriff; if not, after a

the mise joined in a writ of right, necessarily involves the titles of both parties to the suit, and institutes a comparison between them. It is consequently the right of each part

A writ of right patent, being a mere authority to the lord to take cognizance of the suit at the complaint of the plaintiff, may well include divers tenements held by several tenan

Any writing, formal or informal, is sufficient if made for the purpose of recording the Commissioner's approval, and if approval may be gathered therefrom as a reasonable inference

Section 26(c)(1) is confined to contracts made with creditors and does not extend to restrictions imposed within the body corporate. Section 26(c)(1) is limited to contracts involv

The natural impression conveyed by the words 'written contract executed by the corporation' is that an explicit understanding has been reached, reduced to writing, signed and deliv

The object of the statute is to require the patentee to describe his invention so that others may construct and use it after the expiration of the patent and 'to inform the public

any official notice to vacate, whether issued before or after the acquisition is completed.

It is a well-settled rule of law, that, if there is a repugnancy between the printed and the written provisions of the contract, the writing will prevail. It is presumed to express

written notice presented prior to August 14, 1945, to an agency which was authorized to grant relief under § 201 of the First War Powers Act... whatever the form of notice, it must

specific enough to inform the accused member of the offense that he has allegedly committed

in violation of the criminal laws of the United States or of any State or Territory.

§ 1346(b) provides for liability for 'wrongful' as well as 'negligent' acts… the addition of this word was intended to include situations like this involving 'trespasses' which mig

this full and comprehensive statutory method of ascertaining and adjudging the damages to be recovered in cases where attachments are wrongfully issued and vacated for any cause wo

at common law no private cause of action arises from the death of a human being. The right of action, both in this country and in England, depends wholly upon statutory authority.

By the common law the death of a human being, although wrongfully caused, affords no basis for a recovery of damages, and a right of action for personal injuries dies with the pers

the very concept of 'wrongful discharge' implies some sort of statutory or contractual standard that modifies the traditional common-law rule that a contract of employment is termi

efforts by third parties to induce employees to cease performing services essential to the conduct of their employer's business.

Where an officer is wrongfully suspended by one having no authority to make such an order, he ought to be and is entitled to the compensation provided by law during such suspension

Whenever a prize is brought to adjudication in the admiralty, if, upon the hearing of the cause upon the ship's papers, and the evidence taken in preparatory, the property appears

Before hiring workers, employers required them to sign agreements stating that the workers were not and would not become labor union members. Such anti-union practices were so obno

any person who has not attained his sixteenth birthday.

a recreational facility "intended primarily for use by persons under 18 years of age".

a lack of minority access to the candidate selection process, unresponsiveness of elected officials to minority interests, a tenuous state policy underlying the preference for mult