The Supreme Court Decisions ...North American publishing Company, 1911 - 95 halaman |
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The Supreme Court Decisions Peter Stenger Grosscup,John Larkin,James Montgomery Beck Pratinjau tidak tersedia - 2018 |
The Supreme Court Decisions Peter Stenger Grosscup,John Larkin,James Montgomery Beck Pratinjau tidak tersedia - 2018 |
The Supreme Court Decisions Peter Stenger Grosscup,John Larkin,James Montgomery Beck Pratinjau tidak tersedia - 2022 |
Istilah dan frasa umum
agreement ALFRED NOYES amend Anti-trust Act Anti-trust law applied attempt to monopolize Chief Justice combinations in restraint commission common law competition competitors Congress Constitution construction construed contracts in restraint corporation crime criminal section decided decision declared defendants direct restraint dissenting Dred Scott economic effect enforced engaged in interstate enterprise existing fact Federal Freight Association Government guilty illegal individual industry intent interests interstate commerce interstate trade involved Joint Traffic judges judgment judiciary jury Justice Harlan language Legislature light of reason literal meaning ment methods monopoly NORTH AMERICAN REVIEW Northern Securities offense opinion parent company present prohibit prosecution public policy punishment purpose question railroad reasonableness or unreasonableness regulate remedy restrain trade restraint of trade restricted result rule of reason SAMUEL UNTERMYER Sherman Act Sherman Law Standard Oil Company statute stockholders Supreme Court Thomas Hardy tion trade or commerce trust United unlawful unreasonable restraint violation word reasonable
Bagian yang populer
Halaman 61 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Halaman 34 - Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor...
Halaman 59 - And the king spake, and said to the wise men of Babylon, Whosoever shall read this writing, and show me the interpretation thereof, shall be clothed with scarlet, and have a chain of gold about his neck, and shall be the third ruler in the kingdom.
Halaman 39 - By the simple use of the term "contract in restraint of trade," all contracts of that nature, whether valid or otherwise, would be included, and not alone that kind of contract which was invalid and unenforceable as being in unreasonable restraint of trade. When, therefore, the body of an act pronounces as illegal every contract or combination in restraint of trade or commerce among the several States, etc., the plain and ordinary meaning of such language is not limited to that kind of contract alone...
Halaman 68 - Judiciary ; an irresponsible body (for impeachment is scarcely a scarecrow) working like gravity by night and by day, gaining a little to-day and a little tomorrow and advancing its noiseless step like a thief over the field of jurisdiction, until all shall be usurped...
Halaman 34 - Every person who shall make any such, contract or engage in any such combination or conspiracy shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding $5,000 or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
Halaman 45 - An agreement entered into for the purpose of promoting the legitimate business of an individual or corporation, with no purpose to thereby affect or restrain Interstate commerce, and which does not directly restrain such commerce, is not, as we think, covered by the act, although the agreement may indirectly and remotely affect that commerce.
Halaman 16 - ... lawmaking branch of the Government, and this is to be done upon the theory that the impolicy of such legislation is so clear that it cannot be supposed Congress intended the natural import of the language it used. This we cannot and ought not to do. ... "If the act ought to read, as contended for by defendants, Congress is the body to amend it and not this court, by a process of judicial legislation wholly unjustifiable.
Halaman 51 - That the context manifests that the statute was drawn in the light of the existing practical conception of the law of restraint of trade, because it groups as within that class, not only contracts which were in restraint of trade in the subjective sense, but all contracts or acts which theoretically were attempts to monopolize, yet which in practice had come to be considered as in restraint of trade in a broad sense.
Halaman 43 - A monopoly is an institution or allowance by the King, by his grant, commission, or otherwise, to any person or persons, bodies politic or corporate, of or for the sole buying, selling, making, working, or using anything; whereby any person or persons, bodies politic or corporate, are sought to be restrained of any freedom or liberty that they had before, or hindered in their lawful trade.