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Pierson V. Post
''Pierson v. Post'' is an early American legal case from the State of New York that later became a foundational case in the field of property law. Decided in 1805, the case involved an incident that took place in 1802 at an uninhabited beach near Southampton, New York. Lodowick Post, a local resident, was out with a hunting party when his hunting dogs caught the scent of a fox and began pursuing it. As they drew near the fox, Jesse Pierson, another local resident, saw the foxthough he denied seeing Post and his partyand promptly killed it and carried it off for himself. Post filed a lawsuit against Pierson claiming that because he had already begun pursuing the fox, the property of the fox's pelt and carcass were rightfully his, not Pierson's. The local justice ruled in favor of Post. Pierson appealed the ruling to the New York Supreme Court of Judicature, who reversed the justice's decision and ruled in favor of Pierson. ''Pierson v. Post'' is generally considered the most ...
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Supreme Court Of New York
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court. The court is radically different from its counterparts in nearly all other states in that the Supreme Court is a trial court and is not the highest court in the state. The highest court of the State of New York is the Court of Appeals. Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties. Jurisdiction Under ...
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New York (state)
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's popul ...
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Fleta
''Fleta'' is a treatise on the common law of England. It was written in Latin with the sub-title ''seu Commentarius juris Anglicani''. The anonymous author of the book is sometimes referred to as "Fleta", although this is not in fact a person's name. The book acquired its common title because its preface contains a remark that it could be called "''Fleta''" as it was written in "Fleta": however, the meaning of this comment is unclear (see Authorship below). From internal evidence, the work appears to have been written in the reign of Edward I, and to have been completed shortly after the year 1290. Authority This book is one of those listed by Blackstone as being authoritative statements of the law at the time at which they were written. Edward Coke cites Fleta as authority in his ''Institutes'' in a number of places. The article on ''Fleta'' in the ''Encyclopædia Britannica'' Eleventh Edition says that it "is for the most part a poor imitation of" '' De Legibus et Consuetud ...
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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barris ...
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Liberty
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society from control or oppressive restrictions imposed by authority on one's way of life, behavior, or political views. In theology, liberty is freedom from the effects of "sin, spiritual servitude, rworldly ties". Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom under the rule of law without depriving anyone else of their freedom. Liberty can be ...
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Slippery Slope
A slippery slope argument (SSA), in logic, critical thinking, political rhetoric, and caselaw, is an argument in which a party asserts that a relatively small first step leads to a chain of related events culminating in some significant (usually negative) effect. The core of the slippery slope argument is that a specific decision under debate is likely to result in unintended consequences. The strength of such an argument depends on whether the small step really is likely to lead to the effect. This is quantified in terms of what is known as the warrant (in this case, a demonstration of the process that leads to the significant effect). This type of argument is sometimes used as a form of fearmongering in which the probable consequences of a given action are exaggerated in an attempt to scare the audience. However, differentiation is necessary, since, in other cases, it might be demonstrable that the small step is likely to lead to an effect. The fallacious sense of "slippery ...
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Cornelius Van Bynkershoek
Cornelis van Bijnkershoek (a.k.a. ''Cornelius van Bynkershoek'') (29 May 1673, in Middelburg – 16 April 1743, in The Hague) was a Dutch jurist and legal theorist who was educated at the University of Franeker. After two years study, he began to apply himself to jurisprudence. He resolved to reform the common law of his country, and took as the basis of a new system the principles of Roman law. He later contributed to the development of international law in works like ''De Dominio Maris Dissertatio'' (1702); ''Observationes Juris Romani'' (1710), of which a continuation in four books appeared in 1733; the treatise ''De foro legatorum'' (1721); and the ''Quaestiones Juris Publici'' (1737).Online copy
Complete editions of his works were published after his death; one in folio at Geneva in 1761, and another in two volumes folio at Leiden ...
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Animal
Animals are multicellular, eukaryotic organisms in the Kingdom (biology), biological kingdom Animalia. With few exceptions, animals Heterotroph, consume organic material, Cellular respiration#Aerobic respiration, breathe oxygen, are Motility, able to move, can Sexual reproduction, reproduce sexually, and go through an ontogenetic stage in which their body consists of a hollow sphere of Cell (biology), cells, the blastula, during Embryogenesis, embryonic development. Over 1.5 million Extant taxon, living animal species have been Species description, described—of which around 1 million are Insecta, insects—but it has been estimated there are over 7 million animal species in total. Animals range in length from to . They have Ecology, complex interactions with each other and their environments, forming intricate food webs. The scientific study of animals is known as zoology. Most living animal species are in Bilateria, a clade whose members have a Symmetry in biology#Bilate ...
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Bracton
Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus Angliæ'' ("On the Laws and Customs of England") and his ideas on ''mens rea'' (criminal intent). According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established. He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner. In his writings, Bracton manages to set out coherently the law of the royal courts through his use of categories drawn from Roman law, thus incorporating into English law several developments of medieval Roman law. Life Plucknett describes Bracton in this way: "Two generations after Ranulf de Glanvill we come to the flower and crown of English jurisprudence ...
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Hunting
Hunting is the human activity, human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products (fur/hide (skin), hide, bone/tusks, horn (anatomy), horn/antler, etc.), for recreation/taxidermy (see trophy hunting), to remove predators dangerous to humans or domestic animals (e.g. wolf hunting), to pest control, eliminate pest (organism), pests and nuisance animals that damage crops/livestock/poultry or zoonosis, spread diseases (see varmint hunting, varminting), for trade/tourism (see safari), or for conservation biology, ecological conservation against overpopulation and invasive species. Recreationally hunted species are generally referred to as the ''game (food), game'', and are usually mammals and birds. A person participating in a hunt is a hunter or (less commonly) huntsman; a natural area used for hunting is called a game reserve; an experienced hun ...
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Justinian's Institutes
The ''Institutes'' ( la, Institutiones) is a component of the ''Corpus Juris Civilis'', the 6th-century codification of Roman law ordered by the Byzantine emperor Justinian I. It is largely based upon the ''Institutes'' of Gaius, a Roman jurist of the second century A.D. The other parts of the ''Corpus Juris Civilis'' are the '' Digest'', the ''Codex Justinianus'', and the ''Novellae Constitutiones'' ("New Constitutions" or "Novels"). Drafting and publication Justinian's Institutes was one part of his effort to codify Roman law and to reform legal education, of which the Digest also was a part. Whereas the Digest was to be used by advanced law students, Justinian's Institutes was to be a textbook for new students. The need for a new text for first year students was addressed as early as 530 in the constitution "Deo auctore," where reference is made to something "...which may be promulgated to replace the elementary works, so that the raw intelligence of the student, nourished b ...
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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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