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Aboriginal Title In The United States
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish aboriginal title, if their ancestors held title as individuals. Unlike other jurisdictions, the content of aboriginal title is not limited to historical or traditional land uses. Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust. The power of Congress to extinguish aboriginal title—by "purchase or conquest," or with a clear statement—is plenary and exclusive. Such extinguishment is not compensable under the Fifth Amendment, although various statutes provide for compens ...
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Native American Gaming Enterprises
Native American gaming comprises casinos, bingo halls, and other gambling operations on Indian reservations or other tribal lands in the United States. Because these areas have tribal sovereignty, states have limited ability to forbid gambling there, as codified by the Indian Gaming Regulatory Act of 1988. As of 2011, there were 460 gambling operations run by 240 tribes, with a total annual revenue of $27 billion. History In the early 1970s, Russell and Helen Bryan, a married Chippewa couple living in a mobile home on Indian lands in northern Minnesota, received a property tax bill from the local county, Itasca County.Kevin K. Washburn"The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue"92 Minnesota Law Review 919 (2008). The Bryans had never received a property tax bill from the county before. Unwilling to pay it, they took the tax notice to local legal aid attorneys at Leech Lake Legal S ...
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Appalachian Mountains
The Appalachian Mountains, often called the Appalachians, (french: Appalaches), are a system of mountains in eastern to northeastern North America. The Appalachians first formed roughly 480 million years ago during the Ordovician Period. They once reached elevations similar to those of the Alps and the Rocky Mountains before experiencing natural erosion. The Appalachian chain is a barrier to east–west travel, as it forms a series of Ridge-and-Valley Appalachians, alternating ridgelines and valleys oriented in opposition to most highways and railroads running east–west. Definitions vary on the precise boundaries of the Appalachians. The United States Geological Survey (USGS) defines the ''Appalachian Highlands'' Physiographic regions of the world, physiographic division as consisting of 13 provinces: the Atlantic Coast Uplands, Eastern Newfoundland Atlantic, Maritime Acadian Highlands, Maritime Plain, Notre Dame and Mégantic Mountains, Western Newfoundland Mountains, Pied ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment o ...
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Royal Proclamation Of 1763
The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Proclamation forbade all settlements west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve. Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the colonies and would become a contributing factor leading to the American Revolution. The 1763 proclamation line is situated similar to the Eastern Continental Divide, extending from Georgia to the divide's northern terminus near the middle of the northern border of Pennsylvania, where it intersects the northeasterly St. Lawrence Divide, and extends further thro ...
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Colonial History Of The United States
The colonial history of the United States covers the history of European colonization of North America from the early 17th century until the incorporation of the Thirteen Colonies into the United States after the Revolutionary War. In the late 16th century, England ( British Empire), Kingdom of France, Spanish Empire, and the Dutch Republic launched major colonization programs in North America. The death rate was very high among early immigrants, and some early attempts disappeared altogether, such as the English Lost Colony of Roanoke. Nevertheless, successful colonies were established within several decades. European settlers came from a variety of social and religious groups, including adventurers, farmers, indentured servants, tradesmen, and a very few from the aristocracy. Settlers included the Dutch of New Netherland, the Swedes and Finns of New Sweden, the English Quakers of the Province of Pennsylvania, the English Puritans of New England, the Virginian ...
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Map Of Territorial Growth 1775
A map is a symbolic depiction emphasizing relationships between elements of some space, such as objects, regions, or themes. Many maps are static, fixed to paper or some other durable medium, while others are dynamic or interactive. Although most commonly used to depict geography, maps may represent any space, real or fictional, without regard to context or scale, such as in brain mapping, DNA mapping, or computer network topology mapping. The space being mapped may be two dimensional, such as the surface of the earth, three dimensional, such as the interior of the earth, or even more abstract spaces of any dimension, such as arise in modeling phenomena having many independent variables. Although the earliest maps known are of the heavens, geographic maps of territory have a very long tradition and exist from ancient times. The word "map" comes from the , wherein ''mappa'' meant 'napkin' or 'cloth' and ''mundi'' 'the world'. Thus, "map" became a shortened term referring t ...
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Laches (equity)
In common law legal systems, laches ( "latches", ; Law French: ''remissness'', ''dilatoriness'', from Old French ''laschesse'') is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity. This means that it is an ''unreasonable'' delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, circumstances have changed, witnesses or evidence may have been lost or no longer available, etc., such that it is no longer a just resolution to grant the plaintiff's claim. Laches is associated with the maxim of equity, "Equity aids the vigilant", not those who sleep on their rights. Put another way, failure to assert one's rights in a timely manner can result in a claim be ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long b ...
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Affirmative Defenses
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. C ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ...
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