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Oneida Indian Nation Of N.Y. State V. Oneida Cnty.
''Oneida Indian Nation of New York v. County of Oneida'', 414 U.S. 661 (1974), is a landmark decision by the United States Supreme Court concerning aboriginal title in the United States. The original suit in this matter was the first modern-day Native American land claim litigated in the federal court system rather than before the Indian Claims Commission. It was also the first to go to final judgement. The Supreme Court held that there is federal subject-matter jurisdiction for possessory land claims brought by Indian tribes based upon aboriginal title, the Nonintercourse Act, and Indian treaties. In delivering the opinion of the Court, Associate Justice Byron White wrote that jurisdiction for such suits arose both fro28 U.S.C. § 1331 conferring jurisdiction for cases arising under the Constitution, laws, or treaties of the United States an28 U.S.C. § 1362 conferring similar jurisdiction to cases brought by Indian tribes regardless of the amount in controversy. The cas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2d Cir
D, or d, is the fourth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''dee'' (pronounced ), plural ''dees''. History The Semitic letter Dāleth may have developed from the logogram for a fish or a door. There are many different Egyptian hieroglyphs that might have inspired this. In Semitic, Ancient Greek and Latin, the letter represented ; in the Etruscan alphabet the letter was archaic, but still retained (see letter B). The equivalent Greek letter is Delta, Δ. Architecture The minuscule (lower-case) form of 'd' consists of a lower-story left bowl and a stem ascender. It most likely developed by gradual variations on the majuscule (capital) form 'D', and today now composed as a stem with a full lobe to the right. In handwriting, it was common to start the arc to the left of the vertical stroke, resulting in a serif at the top of the arc. This serif w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Well-pleaded Complaint
''Louisville & Nashville Railroad Company v. Mottley'', 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a plaintiff's anticipation that the defendant would raise a federal statute as a defense. Instead, such jurisdiction can only arise from a complaint by the plaintiff that the defendant has directly violated some provision of the Constitution, laws, or treaties of the United States. This reading of the federal question jurisdiction statute is now known as the well-pleaded complaint rule. Facts The Mottleys, Erasmus and Annie, were a husband and wife who had been injured in a train wreck on September 7, 1871, in Jefferson County, Kentucky. In exchange for releasing the railroad from liability, they were compensated with free passes from the Louisville and Nashville Railroad company, which were to be renewed annually. Several decades later, in the Hepburn Ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion To Dismiss
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Rental Value
Rental value is the fair market value of property while rented out in a lease. More generally, it may be the consideration paid under the lease for the right to occupy, or the royalties or return received by a lessor (landlord) under a license to real property. In the science and art of appraisal, it is the amount that would be paid for rental of similar real property in the same condition and in the same area. Determining Rental Rates Deciding on a rental rate doesn’t just mean figuring out the highest possible price you could list your rental for. Increasing the rental rate to the top of the market, can also increase the number of calls or issues a tenant may complain about during the term of the lease. e.g. If you’re paying top dollar for something, you expect an exceptional experience. If you pay a below market rent, you are likely to not complain about smaller issues since you’re paying less. Pricing your rental should be a strategy in order to maximize your net i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Canandaigua
The Treaty of Canandaigua (or Konondaigua, as spelled in the treaty itself) also known as the Pickering Treaty and the Calico Treaty, is a treaty signed after the American Revolutionary War between the Grand Council of the Six Nations and President George Washington representing the United States of America. It was signed at Canandaigua, New York on November 11, 1794, by fifty sachems () and war chiefs representing the Grand Council of the Six Nations of the Iroquois (Haudenosaunee) Confederacy (including the Cayuga, Mohawk, Oneida, Onondaga, Seneca and Tuscarora tribes), and by Timothy Pickering, official agent of President George Washington. Background of the treaty The Treaty of Canandaigua arose out of a combination of geo-political tensions. In the aftermath of its defeat in the American Revolutionary War, Great Britain was forced to relinquish its land east of the Mississippi River to the United States. However, Great Britain’s original rights to this territory were un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Fort Harmar
The Treaty of Fort Harmar (1789) was an agreement between the United States government and numerous Native American tribes with claims to the Northwest Territory. History The Treaty of Fort Harmar was signed at Fort Harmar, near present-day Marietta, Ohio, on January 9, 1789. Representatives of the Iroquois Six Nations and other groups, including the Wyandot, Delaware, Ottawa, Chippewa, Potawatomi and Sauk met with Arthur St. Clair, the governor of the Northwest Territory, and other American leaders such as Josiah Harmar and Richard Butler. The treaty was supposed to address issues remaining since the 1784 Treaty of Fort Stanwix and the 1785 Treaty of Fort McIntosh; but, the new agreement did little more than reiterate the terms of those two previous documents with a few minor changes. The negotiations and document failed to address the most important grievances of the tribes, namely, the settlement of New Englanders in the Firelands portions of the Western Reserve, an a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Fort Stanwix
The Treaty of Fort Stanwix was a treaty signed between representatives from the Iroquois and Great Britain (accompanied by negotiators from New Jersey, Virginia and Pennsylvania) in 1768 at Fort Stanwix. It was negotiated between Sir William Johnson, his deputy George Croghan, and representatives of the Iroquois. The treaty established a Line of Property following the Ohio River that ceded the Kentucky portion of the Virginia Colony to the British Crown, as well as most of what is now West Virginia. The treaty also settled land claims between the Iroquois and the Penn family; the lands thereby acquired by American colonists in Pennsylvania were known as the New Purchase. Treaty The purpose of the conference was to adjust the boundary line between Indian lands and the Thirteen Colonies set forth in the Royal Proclamation of 1763. The British government hoped a new boundary line might bring an end to the rampant frontier violence between Native Americans and American colonists. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Nonintercourse Act
The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of reservations. The various Acts were also intended to regulate commerce between settlers and the natives. The most notable provisions of the Act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783. Text of the land provision The first four Acts expired after 4 years; the 1802 and 1834 Acts had no expiration. The version of the Act in force at the time of the illicit conveyance determines the law that applies. The courts have found few legal differences between the five versions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Northern District Of New York
The United States District Court for the Northern District of New York (in case citations, N.D.N.Y.) serves one of the 94 judicial districts in the United States and one of four in the state of New York. Appeals from the Northern District of New York are taken to the United States Court of Appeals for the Second Circuit, which has jurisdiction over the four districts of New York, the District of Connecticut and the District of Vermont (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The U.S. Attorney for the district is Carla B. Freedman since October 8, 2021. Its jurisdiction comprises the counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Tioga, Tompkins, Ulster, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Madison County, New York
Madison County is a county located in the U.S. state of New York. As of the 2020 census, the population was 68,016. Its county seat is Wampsville. The county is named after James Madison, the fourth president of the United States, and was first formed in 1806. Madison County is part of the Syracuse metropolitan area. History Indigenous peoples had occupied areas around Oneida Lake for thousands of years. The historic Oneida Nation is an Iroquoian-speaking people who emerged as a culture in this area about the fourteenth century and dominated the territory. They are one of the Five Nations who originally comprised the Iroquois Confederacy or ''Haudenosaunee''. English colonists established counties in eastern present-day New York State in 1683; at the time, the territory of the present Madison County was considered part of Albany County, with the city of Albany located on the Hudson River. This was an enormous county, including the northern part of New York State around ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oneida County, New York
Oneida County is a county in the state of New York, United States. As of the 2020 census, the population was 232,125. The county seat is Utica. The name is in honor of the Oneida, one of the Five Nations of the Iroquois League or ''Haudenosaunee'', which had long occupied this territory at the time of European encounter and colonization. The federally recognized Oneida Indian Nation has had a reservation in the region since the late 18th century, after the American Revolutionary War. Oneida County is part of the Utica–Rome, NY Metropolitan Statistical Area. History When England established colonial counties in the Province of New York in 1683, the territory of present Oneida County was included in a very large, mostly undeveloped Albany County. This county included the northern part of present-day New York State as well as all of the present state of Vermont and, in theory, extended westward to the Pacific Ocean. This county was reduced in size on July 3, 1766, to cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
