Restraint
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 16 U.S. 183 - Olivera v. The Union Insurance Company · 1818Most cited · 26 citing opinions
peril of policy; includes blockade
What, then, according to common understanding, is the meaning of the term 'restraint?' Does it imply, that the limitation, restriction, or confinement, must be imposed by those who are in possession of the person or thing which is limited, restricted, or confined; or is the term satisfied by a restriction, created by the application of external force?... when a port is blockaded, that the vessels within are confined, or restrained from coming out. The blockade force is not in possession of the vessels inclosed in the harbour, but it acts upon and restrains them. It is a vis major, applied directly and effectually to them, which prevents them from coming out of port. This appears to the court to be, in correct language, 'a restraint' of power imposing the blockade.
How often courts cite the case defining “Restraint”
Court decisions citing the opinion that defined “Restraint” — 26 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.