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Mashpee Tribe V. New Seabury Corp.
''Mashpee Tribe v. New Seabury Corp.'', 592 F.2d 575 (1st Cir. 1979), was the first litigation of the Nonintercourse Act to go to a jury. After a 40-day trial, the jury decided that the Mashpee Tribe was not a "tribe" at several of the relevant dates for the litigation, and the United States Court of Appeals for the First Circuit upheld that determination (the panel included two judges from the landmark '' Joint Tribal Council of the Passamaquoddy Tribe v. Morton'' (1975) panel). The Mashpee, as a tribe and individually, attempted to re-litigate the issue several times without success. In 2007, the Department of the Interior granted federal recognition to the Mashpee, and the tribe and the town of Mashpee, Massachusetts entered into a settlement agreement. Background The Mashpee lands were sold in 1834 and 1870 without federal consent.592 F.2d 575, 579. The Mashpee claim implicated 11,000 acres, worth approximately $30,000,000 at the time of trial.Vecsey & Starna, 1988, at 27 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The First Circuit
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts * District of New Hampshire * District of Puerto Rico * District of Rhode Island The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, where the court usually sits for one week most months of the year; in one of July or August, it takes a summer break and does not sit. The First Circuit also sits for one week each March and November at the Jose V. Toledo Federal Building and United States Courthouse in Old San Juan, Puerto Rico, and occasionally sits at other locations within the circuit. With six active judges and four active senior judges, the First Circuit has the fewest judges of any of the thirteen United States courts of appeals. Since retiring from the Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Special Interrogatories
In law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ..., a verdict is the formal trier of fact, finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman language, Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the Grammatical gender, neuter past participle of ''dīcere'', to say). Criminal law In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The First Circuit Cases
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1979 In Massachusetts
Events January * January 1 ** United Nations Secretary-General Kurt Waldheim heralds the start of the ''International Year of the Child''. Many musicians donate to the ''Music for UNICEF Concert'' fund, among them ABBA, who write the song ''Chiquitita'' to commemorate the event. ** The United States and the People's Republic of China establish full Sino-American relations, diplomatic relations. ** Following a deal agreed during 1978, France, French carmaker Peugeot completes a takeover of American manufacturer Chrysler's Chrysler Europe, European operations, which are based in United Kingdom, Britain's former Rootes Group factories, as well as the former Simca factories in France. * January 7 – Cambodian–Vietnamese War: The People's Army of Vietnam and Vietnamese-backed Kampuchean United Front for National Salvation, Cambodian insurgents announce the fall of Phnom Penh, Cambodia, and the collapse of the Pol Pot regime. Pol Pot and the Khmer Rouge retreat west to an area ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1979 In United States Case Law
Events January * January 1 ** United Nations Secretary-General Kurt Waldheim heralds the start of the ''International Year of the Child''. Many musicians donate to the ''Music for UNICEF Concert'' fund, among them ABBA, who write the song ''Chiquitita'' to commemorate the event. ** The United States and the People's Republic of China establish full Sino-American relations, diplomatic relations. ** Following a deal agreed during 1978, France, French carmaker Peugeot completes a takeover of American manufacturer Chrysler's Chrysler Europe, European operations, which are based in United Kingdom, Britain's former Rootes Group factories, as well as the former Simca factories in France. * January 7 – Cambodian–Vietnamese War: The People's Army of Vietnam and Vietnamese-backed Kampuchean United Front for National Salvation, Cambodian insurgents announce the fall of Phnom Penh, Cambodia, and the collapse of the Pol Pot regime. Pol Pot and the Khmer Rouge retreat west to an area ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History Of Massachusetts
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...s; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt Alternative dispute resolution, alternative ways of resolving disputes to standard court litigation. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Title Case Law In The United States
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Aborigine, aborigine or aboriginal may refer to: *Aborigines (mythology), in Roman mythology * Indigenous peoples, general term for ethnic groups who are the earliest known inhabitants of an area *One of several groups of indigenous peoples, see List of indigenous peoples, including: **Aboriginal Australians (Aborigine is an archaic term that is considered offensive) **Indigenous peoples in Canada, also known as Aboriginal Canadians **Orang Asli or Malayan aborigines **Taiwanese indigenous peoples, formerly known as Taiwanese aborigines See also * * * Australian Aboriginal English * Australian Aboriginal identity * Aboriginal English in Canada *First Nations (other) First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Montoya V
Montoya is a Basque surname. It originally comes from a hamlet near Berantevilla in Álava, in the Basque region of northern Spain. During the Reconquista, it extended southwards throughout Castille and Andalusia. The name roughly translates to mean hills and valleys. It has become more frequent among Gitanos than among the general Spanish population. People with the surname Montoya include: * Adam Montoya (born 1984), American video game commentator, better known as SeaNanners * Al Montoya (born 1985), American ice hockey goaltender in the National Hockey League * Aldo Montoya, a former ring persona of American professional wrestler Peter Polaco (born 1973), better known as Justin Credible *Carlos Montoya (1903–1993), Spanish flamenco guitarist and son of Ramón Montoya *Craig Montoya (born 1970), American rock musician *Daniela Montoya (born 1990), Colombian footballer * David Montoya (born 1978), Colombian footballer *Diego León Montoya Sánchez (born 1958 or 1961), Colombi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte Communication
Jury tampering is the crime of unduly attempting to influence the composition and/or decisions of a jury during the course of a trial (law), trial. The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensure they will not be selected for duty. Once selected, jurors could be bribed or intimidated to act in a certain manner on duty. It could also involve making unauthorized contact with them for the purpose of introducing prohibited outside information and then arguing for a mistrial (law), mistrial. In the United States, people have also been charged with jury tampering for handing out pamphlets and flyers indicating that jurors have certain rights and obligations, including an obligation to Jury nullification, vote their conscience notwithstanding the instructions they are given by the judge. Republic of Ireland In the Republic of Ireland, the Special Criminal Court is a three-judge, juryless court which tries cases based on a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Of Mashpee
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or county, counties, several municipality, municipalities, subdivisions of municipalities, school district, or political district. By country/region Afghanistan In Afghanistan, a district (Persian language, Persian ps, ولسوالۍ ) is a subdivision of a province. There are almost 400 districts in the country. Australia Electoral districts are used in state elections. Districts were also used in several states as cadastral units for land titles. Some were used as squatting districts. Cadastral divisions of New South Wales, New South Wales had several different types of districts used in the 21st century. Austria In Austria, the word is used with different meanings in three different contexts: * Some of the tasks of the administrative branch of the national and regional governme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continuance
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge ''sua sponte''. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to grant continuances. However, a motion for continuance may be granted when necessitated by unforeseeable events, or for other reasonable cause articulated by the movant (the person seeking the continuance), especially when the court deems it necessary and prudent in the "interest of justice." Criminal cases In general Although a continuance is the result of a court order issued by the judge in a trial or hearing, it also can come from a statute or law. The terms continuance and postponement are frequently used interchangeably. The burden of scheduling trials, which includes assembling witnesses, lawyers and jurors at the same time, is not usua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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