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Preston V. Browder
The Marshall Court (1801–1835) issued some of the earliest and most influential opinions by the Supreme Court of the United States on the status of aboriginal title in the United States, several of them written by Chief Justice John Marshall himself. However, without exception, the remarks of the Court on aboriginal title during this period are ''dicta''. Only one indigenous litigant ever appeared before the Marshall Court, and there, Marshall dismissed the case for lack of original jurisdiction. '' Fletcher v. Peck'' (1810) and ''Johnson v. M'Intosh'' (1823), the first and the most detailed explorations of the subject by Marshall, respectively, both arose out of collusive lawsuits, where land speculators presented an artificial case and controversy in order to elicit the desired precedent. In ''Cherokee Nation v. Georgia'' (1831) and '' Worcester v. Georgia'' (1832), the ''dicta'' of Marshall and the dissenting justices embraced a far broader view of aboriginal titl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Marshall By Henry Inman, 1832
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope Joh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Worcester V
Worcester may refer to: Places United Kingdom * Worcester, England, a city and the county town of Worcestershire in England ** Worcester (UK Parliament constituency), an area represented by a Member of Parliament * Worcester Park, London, England * Worcestershire, a county in England United States * Worcester, Massachusetts, the largest city with the name in the United States ** Worcester County, Massachusetts * Worcester, Missouri * Worcester, New York, a town ** Worcester (CDP), New York, within the town * Worcester Township, Montgomery County, Pennsylvania * Worcester, Vermont ** Worcester (CDP), Vermont, within the town * Worcester, Wisconsin, a town * Worcester (community), Wisconsin, an unincorporated community * Worcester County, Maryland * Barry, Illinois, formerly known as Worcester * Marquette, Michigan, formerly known as New Worcester Other places * Worcester, Limpopo, South Africa * Worcester, Western Cape, South Africa * Worcester Summit, Antarctica Transporta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executory Interest
In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation of a defeasible estate; that is, an estate with a condition or event triggering transfer of possessory ownership. A common example is the landlord-tenant relationship. The landlord may own a house, but has no general right to enter it while it is being rented. The conditions triggering the transfer of possession, first to the tenant then back to the landlord, are usually detailed in a lease. As a slightly more complicated example, suppose O is the owner of Blackacre. Consider what happens when O transfers the property, "to A for life, then to B". Person A acquires possession of Blackacre. Person B does not receive any right to possess Blackacre immediately; however, once person A dies, possession will fall to person B (or his estate, if he died before person A) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tennessee Supreme Court
The Tennessee Supreme Court is the ultimate judicial tribunal of the state of Tennessee. Roger A. Page is the Chief Justice. Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the Tennessee Attorney General. Structure The Tennessee State Constitution, adopted in 1870, calls for five justices, no more than two of whom may come from any one of the state's three Grand Divisions (East Tennessee, Middle Tennessee, and West Tennessee) in order to prevent regional bias. For the same purpose, the court is required to convene alternately in Knoxville, Nashville, and Jackson. In recent years this provision has been regarded as permissive rather than restrictive. Therefore, the court has met in other cities, such as Chattanooga, Kingsport, and Memphis, throughout the state as part of a legal education project for high school students called ''Supreme Court Advancing Legal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pennsylvania Supreme Court
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Judicial Court. The Supreme Court of Pennsylvania began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the royal governor. Today, the Supreme Court of Pennsylvania maintains a discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court. This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law. History The Original Pennsylvania constitutions, drafted by William Penn, established a Provi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Rogers Clark
George Rogers Clark (November 19, 1752 – February 13, 1818) was an American Surveying, surveyor, soldier, and militia officer from Virginia who became the highest-ranking American patriot military officer on the northwestern frontier during the American Revolutionary War. He served as leader of the militia (United States), militia in Kentucky (then part of Virginia) throughout much of the war. He is best known for his captures of Kaskaskia, Illinois, Kaskaskia (1778) and Vincennes, Indiana, Vincennes (1779) during the Illinois Campaign, which greatly weakened Kingdom of Great Britain, British influence in the Northwest Territory. The British ceded the entire Northwest Territory to the United States in the Treaty of Paris (1783), 1783 Treaty of Paris, and Clark has often been hailed as the "Conqueror of the Old Northwest". Clark's major military achievements occurred before his thirtieth birthday. Afterward, he led militia in the opening engagements of the Northwest Indian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virginia Supreme Court
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative law cases that are initially appealed to the Court of Appeals of Virginia. It is one of the oldest continuously active judicial bodies in the United States. It was known as the Supreme Court of Appeals until 1970, when it was renamed the Supreme Court of Virginia because it has original as well as appellate jurisdiction. History of the Supreme Court of Virginia Colony of Virginia The Supreme Court of Virginia has its roots in the seventeenth century English legal system, which was instituted in Virginia as part of the Charter of 1606 under which Jamestown, Virginia, the first permanent English settlement in North America, was established. In 1623, the Virginia House of Burgesses created a five-member appellate court, which met qu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ejectment
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured. Though still used in some places, the term is now obsolete in many common law jurisdictions, in which possession and title are sued by the actions of eviction (also called possession proceedings) and quiet title (or injunctive and/or declaratory relief), respectively. Originally, successful ejectment meant recovery of possession of land, for example against a defaulting tenant or a trespasser, who did not have (or no longer had) any right to remain there. It has continued to be used for this, though in some jurisdictions the terminology has changed. Legal fiction Over time, actions of ejectment were applied to try land claims in place of older real actions such as the assize of novel disseisin. A practice develo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Common Law
Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law doctrines with a complete federalism, wherein the national supreme court has virtually no power to review state court decisions to determine whether the state courts have followed state laws. The High Court of Australia is sometimes said to have federal common law, but because all state and territorial courts are directly appealable to the High Court, this is indistinguishable from a general common law. In contrast, the United States Supreme Court has effectively barred the creation of federal common law in areas traditionally under the authority of state courts. Nevertheless, there are several areas where federal common law continues to govern. The ''Swift'' doctrine Until 1938, federal courts in America followed the doctrine set forth in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Confederation Congress Proclamation Of 1783
Confederation Congress Proclamation of 1783 was a proclamation by the Congress of the Confederation dated September 22, 1783 prohibiting the extinguishment of aboriginal title in the United States without the consent of the federal government.25 Journals of the Continental Congress 602 (1783). The policy underlying the proclamation was inaugurated by the Royal Proclamation of 1763, and continued after the ratification of the United States Constitution by the Nonintercourse Acts of 1790, 1793, 1796, 1799, 1802, and 1833. During the Articles of Confederation-era, several U.S. states, particularly New York, purchased lands from Indians without the consent of Congress. In the 1980s, in the wake of the '' Oneida I'' (1974) decision permitting tribes to pursue such claims in federal courts, several tribes challenged such conveyances as contrary to the Proclamation. However, the Second Circuit has held that Congress had neither the authority nor the intent to prohibit such purchases wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
