Case Or Controversy Clause
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Case Or Controversy Clause
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing. First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear. For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized sense (i.e. no more or less than people at large), and allows only the adjudication of 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 States ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different fro ...
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Harry Blackmun
Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 to 1994. Appointed by Republican President Richard Nixon, Blackmun ultimately became one of the most liberal justices on the Court. He is best known as the author of the Court's opinion in ''Roe v. Wade.'' Raised in Saint Paul, Minnesota, Blackmun graduated from Harvard Law School in 1932. He practiced law in the Twin Cities, representing clients such as the Mayo Clinic. In 1959, President Dwight D. Eisenhower appointed him to the United States Court of Appeals for the Eighth Circuit. After the defeat of two previous nominees, President Nixon successfully nominated Blackmun to the Supreme Court to replace Associate Justice Abe Fortas. Blackmun and his close friend, Chief Justice Warren Burger, were often called the " Minnesota Twins", but Blackmun drifted away from Burger during their tenure on th ...
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Roe V
Roe ( ) or hard roe is the fully ripe internal egg masses in the ovaries, or the released external egg masses, of fish and certain marine animals such as shrimp, scallop, sea urchins and squid. As a seafood, roe is used both as a cooked ingredient in many dishes, and as a raw ingredient for delicacies such as caviar. The roe of marine animals, such as the roe of lumpsucker, hake, mullet, salmon, Atlantic bonito, mackerel, squid, and cuttlefish are especially rich sources of omega-3 fatty acids, but omega-3s are present in all fish roe. Also, a significant amount of vitamin B12 is among the nutrients present in fish roes. Roe from a sturgeon or sometimes other fish such as flathead grey mullet, is the raw base product from which caviar is made. The term soft roe or white roe denotes fish milt, not fish eggs. Around the world Africa South Africa People in KwaZulu-Natal consume fish roe in the form of slightly sour curry or battered and deep fried. Americas Braz ...
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United States Department Of The Treasury
The Department of the Treasury (USDT) is the national treasury and finance department of the federal government of the United States, where it serves as an executive department. The department oversees the Bureau of Engraving and Printing and the U.S. Mint. These two agencies are responsible for printing all paper currency and coins, while the treasury executes its circulation in the domestic fiscal system. The USDT collects all federal taxes through the Internal Revenue Service; manages U.S. government debt instruments; licenses and supervises banks and thrift institutions; and advises the legislative and executive branches on matters of fiscal policy. The department is administered by the secretary of the treasury, who is a member of the Cabinet. The treasurer of the United States has limited statutory duties, but advises the Secretary on various matters such as coinage and currency production. Signatures of both officials appear on all Federal Reserve notes. The depart ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ...
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Muskrat V
The muskrat (''Ondatra zibethicus'') is a medium-sized semiaquatic rodent native to North America and an introduced species in parts of Europe, Asia, and South America. The muskrat is found in wetlands over a wide range of climates and habitats. It has important effects on the ecology of wetlands, and is a resource of food and fur for humans. Adult muskrats weigh , with a body length of . They are covered with short, thick fur of medium to dark brown color. Their long tails, covered with scales rather than hair, are their main means of propulsion. Muskrats spend most of their time in the water and can swim under water for 12 to 17 minutes. They live in families, consisting of a male and female pair and their young. To protect themselves from the cold and from predators, they build nests that are often burrowed into the bank with an underwater entrance. Muskrats feed mostly on cattail and other aquatic vegetation but also eat small animals. ''Ondatra zibethicus'' is the only s ...
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John Jay
John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the first chief justice of the United States. He directed U.S. foreign policy for much of the 1780s and was an important leader of the Federalist Party after the ratification of the United States Constitution in 1788. Jay was born into a wealthy family of merchants and New York City government officials of French Huguenot and Dutch descent. He became a lawyer and joined the New York Committee of Correspondence, organizing American opposition to British policies such as the Intolerable Acts in the leadup to the American Revolution. Jay was elected to the First Continental Congress, where he signed the Continental Association, and to the Second Continental Congress, where he served as its president. From 1779 to 1782, Jay served as the ambassador ...
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George Washington
George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of the Continental Army, Washington led the Patriot forces to victory in the American Revolutionary War and served as the president of the Constitutional Convention of 1787, which created the Constitution of the United States and the American federal government. Washington has been called the " Father of his Country" for his manifold leadership in the formative days of the country. Washington's first public office was serving as the official surveyor of Culpeper County, Virginia, from 1749 to 1750. Subsequently, he received his first military training (as well as a command with the Virginia Regiment) during the French and Indian War. He was later elected to the Virginia House of Burgesses and was named a delegate to the Continental Congress ...
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President Of The United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces. The power of the presidency has grown substantially since the first president, George Washington, took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasingly strong role in American political life since the beginning of the 20th century, with a notable expansion during the presidency of Franklin D. Roosevelt. In contemporary times, the president is also looked upon as one of the world's most powerful political figures as the leader of the only remaining global superpower. As the leader of the nation with the largest economy by nominal GDP, the president possesses significant domestic and international hard and soft power. Article II of the Constitution establ ...
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