Lucas V. United States
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Lucas V. United States
''Lucas v. United States'', 163 U.S. 612 (1896), was a United States Supreme Court case in which the Court held that whether a Black Freedman was a member of the Choctaw Nation was a question of fact for the jury, and his non-Indian status may not be presumed. Background The Choctaw Nation was one of the Five Civilized Tribes in the Indian Territory (now the eastern part of Oklahoma), and under their treaty with the United States, were allowed to have its own court system to try Indian on Indian crime. When the crime was Choctaw on Choctaw, the tribal courts would handle the trial, but if it involved a non-tribal member, the case was handled by the federal court in Fort Smith, Arkansas. Tribal members included Freedmen, African-Americans who had been slaves and who had been adopted by the tribe after the Civil War. In 1894, Eli Lucas, a member of the Choctaw Nation, was indicted in the Circuit Court for the Western District of Arkansas for the murder of Levy Kemp, an A ...
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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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American Civil War
The American Civil War (April 12, 1861 â€“ May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states that had seceded. The central cause of the war was the dispute over whether slavery would be permitted to expand into the western territories, leading to more slave states, or be prevented from doing so, which was widely believed would place slavery on a course of ultimate extinction. Decades of political controversy over slavery were brought to a head by the victory in the 1860 U.S. presidential election of Abraham Lincoln, who opposed slavery's expansion into the west. An initial seven southern slave states responded to Lincoln's victory by seceding from the United States and, in 1861, forming the Confederacy. The Confederacy seized U.S. forts and other federal assets within their borders. Led by Confederate President Jefferson Davis, ...
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1896 In United States Case Law
Events January–March * January 2 – The Jameson Raid comes to an end, as Jameson surrenders to the Boers. * January 4 – Utah is admitted as the 45th U.S. state. * January 5 – An Austrian newspaper reports that Wilhelm Röntgen has discovered a type of radiation (later known as X-rays). * January 6 – Cecil Rhodes is forced to resign as Prime Minister of the Cape of Good Hope, for his involvement in the Jameson Raid. * January 7 – American culinary expert Fannie Farmer publishes her first cookbook. * January 12 – H. L. Smith takes the first X-ray photograph. * January 17 – Fourth Anglo-Ashanti War: British redcoats enter the Ashanti capital, Kumasi, and Asantehene Agyeman Prempeh I is deposed. * January 18 – The X-ray machine is exhibited for the first time. * January 28 – Walter Arnold, of East Peckham, Kent, England, is fined 1 shilling for speeding at (exceeding the contemporary speed limit of , the fir ...
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Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies. For example, to prove that Tom was in town, a witness testifies, "Susan told me that Tom was in town." Because the witness's evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay. A justification for the objection is that the person who made the statement is not in court and thus not available for cross-examination. Note, however, that if the matter at hand is not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamati ...
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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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George Shiras, Jr
George may refer to: People * George (given name) * George (surname) * George (singer), American-Canadian singer George Nozuka, known by the mononym George * George Washington, First President of the United States * George W. Bush, 43rd President of the United States * George H. W. Bush, 41st President of the United States * George V, King of Great Britain, Ireland, the British Dominions and Emperor of India from 1910-1936 * George VI, King of Great Britain, Ireland, the British Dominions and Emperor of India from 1936-1952 * Prince George of Wales * George Papagheorghe also known as Jorge / GEØRGE * George, stage name of Giorgio Moroder * George Harrison, an English musician and singer-songwriter Places South Africa * George, Western Cape ** George Airport United States * George, Iowa * George, Missouri * George, Washington * George County, Mississippi * George Air Force Base, a former U.S. Air Force base located in California Characters * George (Peppa Pig), a 2-year-old pig ...
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Associate Justice Of The Supreme Court Of The United States
An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869. Appointments Clause, Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the President of the United States, president to nominate, and with the advice and consent (confirmation) of the United States Senate, Senate, appoint justices to the Supreme Court. Article Three of the United States Constitution, Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other United States federal judge, federal judges, which ends only when a justice dies, retires, resigns, or is removed from office by Federal impeachment in the United States, impeachment. Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief j ...
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George Shiras Jr
George Shiras Jr. (January 26, 1832 – August 2, 1924) was an American lawyer who served as an associate justice of the Supreme Court of the United States from 1892 to 1903. At that time of his appointment, he had 37 years of private legal practice but had never judged a case. He is noted for his votes in '' Pollock v. Farmers' Loan & Trust Co.'' and in ''Plessy v. Ferguson''. Life and career Shiras was born in Pittsburgh, Pennsylvania, January 26, 1832. He attended Ohio University and then graduated from Yale College, Phi Beta Kappa, in 1853. He began law school at Yale Law School, but left before earning a law degree.George Shiras
, HistoryCentral.com. Retrieved October 10, 2009
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Isaac Parker (Massachusetts Judge)
Isaac Parker (June 17, 1768 – July 25, 1830) was a Massachusetts Congressman and jurist, including Chief Justice of the Massachusetts Supreme Judicial Court from 1814 to his death. Biography He was born in Boston in the Province of Massachusetts Bay, the son of Daniel Parker, a goldsmith, and Margaret (née Jarvis) Parker. He was descended from John Parker, of Bideford, Devon, who emigrated to America in 1629 and whose children settled in Charlestown. After preparation at the Latin Grammar School, he entered Harvard at the age of fourteen and graduated in 1786 with high honors. For a short time he taught at the Latin School. Then, after studying law and being admitted to the bar, he moved to Castine, in what was later the state of Maine. There he set up his law practice, later moving to Portland and holding several local offices. On June 17, 1794, he married Rebecca Hall, daughter of Joseph Hall of Medford, a descendant of John Hall who settled in Concord in 1658. They had ...
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United States District Court For The Western District Of Arkansas
The United States District Court for the Western District of Arkansas (in case citations, W.D. Ark.) is a federal court in the Eighth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was established on March 3, 1851, with the division of the state into an Eastern and Western district. The U.S. Courthouse & Post Office in Texarkana is shared with the Eastern District of Texas, making it the sole federal courthouse located in two states and a location of two federal districts. The United States Attorney's Office for the Western District of Arkansas represents the United States in civil and criminal litigation in the court. The current Acting United States Attorney is David Clay Fowlkes. Organization of the court The United States District Court for the Western District of Arkansas is one of two federal judicial districts in Arkansas. Court for the District is held at El Do ...
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Arkansas
Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage language, a Dhegiha Siouan language, and referred to their relatives, the Quapaw people. The state's diverse geography ranges from the mountainous regions of the Ozark and Ouachita Mountains, which make up the U.S. Interior Highlands, to the densely forested land in the south known as the Arkansas Timberlands, to the eastern lowlands along the Mississippi River and the Arkansas Delta. Arkansas is the 29th largest by area and the 34th most populous state, with a population of just over 3 million at the 2020 census. The capital and most populous city is Little Rock, in the central part of the state, a hub for transportation, business, culture, and government. The northwestern corner of the state, including the Fayetteville–Springdaleâ ...
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