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Ex Parte Young
''Ex parte Young'', 209 U.S. 123 (1908), is a Supreme Court of the United States, United States Supreme Court case that allows suits in United States federal courts, federal courts for injunctions against officials acting on behalf of U.S. state, states of the union to proceed despite the State's Sovereign immunity in the United States, sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution of the United States, Constitution.Erwin Chemerinskiy, Federal Jurisdiction 458-461 (7th. ed.) Facts The state of Minnesota passed laws limiting what Rail transport, railroads could charge in that state and established severe penalties, including fines and jail for violators. Some shareholders of Northern Pacific Railway filed a lawsuit in the United States Circuit Court for the District of Minnesota asserting that the laws were unconstitutional as violating the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourtee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward T
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. Pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 209
This is a list of cases reported in volume 209 of ''United States Reports'', decided by the Supreme Court of the United States in 1908. Justices of the Supreme Court at the time of volume 209 U.S. The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice). When the cases in volume 209 were decided the Court comprised the following nine members: Notable Case in 209 U.S. ''Ex parte Young'' In '' Ex parte Young'' 209 U.S. 123 (1908) the Suprem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Erwin Chemerinsky
Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies of United States constitutional law and federal civil procedure. Since 2017, Chemerinsky has been the dean of the UC Berkeley School of Law. Previously, he also served as the inaugural dean of the University of California, Irvine School of Law from 2008 to 2017. A study of legal publications between 2016 and 2020 found Chemerinsky to be the most frequently cited American legal scholar. Chemerinsky was named a fellow of the American Academy of Arts and Sciences in 2016. The National Jurist magazine named him the most influential person in legal education in the United States in 2017. In 2021 Chemerinsky was named President-elect of the Association of American Law Schools. Early life and education Chemerinsky was born in 1953 in Chicago, Illinois. He grew up in a working-class Jewish family on Chicago's South Side and attended the University of Chicago Laboratory Schools for high school. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Marshall Harlan
John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his many dissents in cases that restricted civil liberties, including the ''Civil Rights Cases'', ''Plessy v. Ferguson'', and '' Giles v. Harris''. Many of Harlan's views expressed in his notable dissents would become the official view of the Supreme Court starting from the 1950s Warren Court and onward. His grandson John Marshall Harlan II was also a Supreme Court justice. Born into a prominent, slave-holding family near Danville, Kentucky, Harlan experienced a quick rise to political prominence. When the American Civil War broke out, Harlan strongly supported the Union and recruited the 10th Kentucky Infantry. Despite his opposition to the Emancipation Proclamation, he served in the war until 1863, when he won election as Attorney Genera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Actor
In United States constitutional law, a state actor is a person who is acting on behalf of a governmental body, and is therefore subject to limitations imposed on government by the United States Constitution, including the First, Fifth, and Fourteenth Amendments, which prohibit the federal and state governments from violating certain rights and freedoms. Jurisprudence Meaning Though the term would seem to include only persons who are directly employed by the state, the United States Supreme Court has interpreted these amendments and laws passed pursuant to them to cover many persons who have only an indirect relationship with the government. Controversies have arisen, for example, over whether private companies that run towns (the "company-town") and prisons (traditionally a state function) can be held liable as state actors when they violate fundamental civil rights. This question remains unresolved, but the Supreme Court has held private citizens to be liable as state actor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the "reasonable man". This is known as the "objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in ''DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution. The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with fede ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rufus Wheeler Peckham
Rufus W. Peckham (November 8, 1838 – October 24, 1909) was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1895 to 1909, and is the most recent Democratic nominee approved by a Republican-majority Senate. He was known for his strong use of substantive due process to invalidate regulations of business and property. Peckham's namesake father was also a lawyer and judge, and a U.S. Representative. His older brother, Wheeler Hazard Peckham (1833–1905), was one of the lawyers who prosecuted William M. Tweed and a failed nominee to the Supreme Court. Biography Peckham was born in Albany, New York, to Rufus Wheeler Peckham and Isabella Adeline Lacey; his mother died when he was only nine. Following his graduation from The Albany Academy, he followed in his father's footsteps as a lawyer, being admitted to the bar in Albany in 1859 after teaching himself law by studying in his father's office. After a decade of private practice, Peckha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hans V
Hans may refer to: __NOTOC__ People * Hans (name), a masculine given name * Hans Raj Hans, Indian singer and politician ** Navraj Hans, Indian singer, actor, entrepreneur, cricket player and performer, son of Hans Raj Hans ** Yuvraj Hans, Punjabi actor and singer, son of Hans Raj Hans * Hans clan, a tribal clan in Punjab, Pakistan Places * Hans, Marne, a commune in France * Hans Island, administrated by Greenland and Canada Arts and entertainment * ''Hans'' (film) a 2006 Italian film directed by Louis Nero * Hans (Frozen), the main antagonist of the 2013 Disney animated film ''Frozen'' * ''Hans'' (magazine), an Indian Hindi literary monthly * ''Hans'', a comic book drawn by Grzegorz Rosiński and later by Zbigniew Kasprzak Other uses * Clever Hans, the "wonder horse" * ''The Hans India'', an English language newspaper in India * HANS device, a racing car safety device *Hans, the ISO 15924 code for Simplified Chinese script See also *Han (other) *Hans im Glück, a Germa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
