Head V. Amoskeag Manufacturing Co.
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Head V. Amoskeag Manufacturing Co.
''Head v. Amoskeag Mfg. Co.'', 113 U.S. 9 (1885), was a SCOTUS, U.S. Supreme Court case considering whether a dam constructed on privately owned land served a public purpose and whether having the owner of the dam compensate any adjacent landowner was a legal form of eminent domain. Background The state of New Hampshire passed a General Mills Act in 1868 which established a permitting process for companies to build dams on non-navigable waterways so long as they compensated any adjacent landowners for flooded property. Head v. Amoskeag Mfg Co, 113 U.S. 9 (1885)
''Justia.com'' The Amoskeag Manufacturing Company dammed the Merrimack River at Amoskeag Falls for the purpose of powering their cotton mills. This had the inadvertent result of flooding Head's land along the river for which he was offered compensation. Head sued claiming th ...
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SCOTUS
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 tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, 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 in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, 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 ove ...
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Riparian Water Rights
Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land along its path. It has its origins in English common law. Riparian water rights exist in many jurisdictions with a common law heritage, such as Canada, Australia, New Zealand, and states in the eastern United States. Common land ownership can be organized into a partition unit, a corporation consisting of the landowners on the shore that formally owns the water area and determines its use. General principle Under the riparian principle, all landowners whose properties adjoin a body of water have the right to make reasonable use of it as it flows through or over their properties. If there is not enough water to satisfy all users, allotments are generally fixed in proportion to frontage on the water source. These rights cannot be sold or transferred other than with the adjoining land and only in reasonable quantities associated with that land. The water cannot be t ...
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United States Water Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases Of The Waite Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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List Of United States Supreme Court Cases, Volume 113
This is a list of cases reported in volume 113 of ''United States Reports'', decided by the Supreme Court of the United States in 1885. Justices of the Supreme Court at the time of volume 113 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 113 U.S. were decided the Court comprised the following nine members: Citation style Under the Judiciary Act of 1789 the federal court structure at the tim ...
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Samuel Blatchford
Samuel M. Blatchford (March 9, 1820 – July 7, 1893) was an American attorney and judge. He was most notable for his service as an Associate Justice of the Supreme Court of the United States from April 3, 1882 until his death in 1893. Early life Blatchford was born in Auburn, New York on March 9, 1820. He was the eldest of five children born to Julia Ann (née Mumford) Blatchford and Richard Milford Blatchford (1798–1875), a well known attorney and friend of Daniel Webster who served as a New York State Assemblyman in 1855, U.S. Minister to the Papal States, and New York City Park Commissioner in 1872. After his mother's death in 1857, his father remarried to Angelica Hamilton, the daughter of James Alexander Hamilton and granddaughter of Alexander Hamilton, the first Treasury Secretary. Angelica died in 1868, and Blatchford married for the third time, to Katherine Hone. His grandfather, also named Samuel Blatchford, was born in England and was the first president o ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ...
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Horace Gray
Horace Gray (March 24, 1828 – September 15, 1902) was an American jurist who served on the Massachusetts Supreme Judicial Court, and then on the United States Supreme Court, where he frequently interpreted the Constitution in ways that increased the powers of Congress. Noted for possessing a sharp mind and an enthusiasm for legal research, he was also a staunch supporter of the authority of precedent throughout his career. Early life Gray was born in Boston, Massachusetts, the son of Horace and Harriet Upham Gray, and grandson of merchant and politician William Gray. He enrolled at Harvard College at the age of 13, and graduated four years later. After traveling in Europe for a time, Gray entered Harvard Law School, from which he graduated with an LL.B. in 1849. Gray was admitted to the bar in 1851, and practiced law in Boston for 13 years. Judicial career Massachusetts state courts In 1854, he was named Reporter of Decisions for the Massachusetts Supreme Judicial Court. Wh ...
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Public Purpose
Public use is a legal requirement under the Takings Clause ("nor shall private property be taken for public use without just compensation") of the Fifth Amendment of the U.S. Constitution, that owners of property seized by eminent domain for "public use" be paid "just compensation." The distinction between ''public use'' and ''public purpose'' has created a doctrinally confusing and highly controversial subset of public use doctrine. This controversy was renewed after the Supreme Court's decision in ''Kelo v. City of New London'' (2005). In that decision, the Court upheld the precedent regarding economic development takings set forth in ''Hawaii Housing Authority v. Midkiff'' and '' Berman v. Parker'', and permitted, in a 5–4 decision, the taking of private property that was to be transferred to a private developer. In '' United States v. Gettysburg Electric Ry. Co.'', , the Supreme Court ruled in 1896 that seizing the railway for Gettysburg Battlefield historic preservation "s ...
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New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive Council to serve during "good behavior" until retirement or the age of seventy. The senior member of the Court is able to specially assign lower-court judges, as well as retired justices, to fill vacancies on the Court. The Supreme Court is the administrative authority over the state's judicial system. The Court has both mandatory and discretionary appellate jurisdiction. In 2000, the Court created a "Three Judges Expedited" or 3JX panel to issue decisions in cases of less precedential value, with its decision only binding on the present case. In 2004, the court began accepting all appeals from the trial courts for the first time in 25 years. From 1776 to 1876, the then four-member court ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ...
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