Resler V. Shehee
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Resler V. Shehee
''Resler v. Shehee'', 5 U.S. (1 Cranch) 110 (1801), was a United States Supreme Court case that involved judicial discretion on whether to hear appeals filed late. Background Around the start of the 19th century, courts typically met in sessions. Appeals had to be filled in the current session or the next session after the original judgment. The courts in Virginia often heard appeals that were filed ''out of time''. A Court of Hustings in Alexandria, Virginia heard a complaint on February 2, 1801. At that time, the laws of Virginia held that the appeal should be heard on April 6, 1801. Before the appeal could be heard, The United States Congress passed an act on February 29, 1801 creating the District of Columbia and its new Circuit Court. Two terms later, Resler appealed to the new Circuit Court and his appeal was denied on the grounds that it was late. He appealed to the Supreme Court on the grounds that the Virginia appellate courts would have heard the claim.. ...
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William Cranch
William Cranch (July 17, 1769 – September 1, 1855) was a United States federal judge, United States circuit judge and chief judge of the United States Circuit Court of the District of Columbia. A staunch Federalist Party, Federalist and nephew of President John Adams, Cranch moved his legal practice from Massachusetts to the new national capital, where he became one of three city land commissioners for Washington, D.C., and during his judicial service also was the 2nd Reporter of Decisions of the Supreme Court of the United States and a Professor of law at Columbian College (which later became George Washington University). Early life and education Cranch was born on July 17, 1769, in Weymouth, Massachusetts to Mary (Smith), the sister of Abigail Adams and her husband Richard Cranch, who had emigrated from Devonshire when he was twenty years old. His father, although educated as a watchmaker, became the town's postmaster and an ardent patriot during the American Revolutionary ...
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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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Judicial Discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down by legislation, by binding precedent, or by a constitution, the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ''ultra vires'', and may sometimes be characterized as judicial activism. In 1824, US Chief Justice John Marshall wrote the following on this subject: Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal di ...
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Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ...
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Judgment (law)
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises depend ...
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Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are shaped by the Blue Ridge Mountains and the Chesapeake Bay, which provide habitat for much of its flora and fauna. The capital of the Commonwealth is Richmond; Virginia Beach is the most-populous city, and Fairfax County is the most-populous political subdivision. The Commonwealth's population was over 8.65million, with 36% of them living in the Baltimore–Washington metropolitan area. The area's history begins with several indigenous groups, including the Powhatan. In 1607, the London Company established the Colony of Virginia as the first permanent English colony in the New World. Virginia's state nickname, the Old Dominion, is a reference to this status. Slave labor and land acquired from displaced native tribes fueled the ...
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Husting
A husting originally referred to a native Germanic governing assembly, the thing. By metonymy, the term may now refer to any event (such as debates or speeches) during an election campaign where one or more of the candidates are present. Development of the term The origin of the term comes from the Old English ''hūsting'' and Old Norse ''hūsþing'' (literally "house thing"), an assembly of the followers or household retainers of a nobleman,hustings (n.)
'' Online Etymology Dictionary''.
Chisholm, Hugh, ed. (1911). Husting. Encyclopæd ...
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Alexandria, Virginia
Alexandria is an independent city (United States), independent city in the northern region of the Commonwealth (U.S. state), Commonwealth of Virginia, United States. It lies on the western bank of the Potomac River approximately south of Downtown, Washington, D.C., downtown Washington, D.C. In 2020, the population was 159,467. The city's estimated population has grown by 1% annually since 2010 on average. Like the rest of Northern Virginia and Central Maryland, modern Alexandria has been influenced by its proximity to the U.S. capital. It is largely populated by professionals working in the United States federal civil service, federal civil service, in the U.S. Military, U.S. military, or for one of the many private companies which contract to Government contractor, provide services to the federal government. One of Alexandria's largest employers is the United States Department of Defense, U.S. Department of Defense. Another is the Institute for Defense Analyses. In 2005, the U ...
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United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ...
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District Of Columbia
) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, National Cathedral , image_flag = Flag of the District of Columbia.svg , image_seal = Seal of the District of Columbia.svg , nickname = D.C., The District , image_map = , map_caption = Interactive map of Washington, D.C. , coordinates = , subdivision_type = Country , subdivision_name = , established_title = Residence Act , established_date = 1790 , named_for = George Washington, Christopher Columbus , established_title1 = Organized , established_date1 = 1801 , established_title2 = Consolidated , established_date2 = 1871 , established_title3 = Home Rule Act , ...
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List Of United States Supreme Court Cases, Volume 5
This is a list of cases reported in volume 5 (1 Cranch) of ''United States Reports'', decided by the Supreme Court of the United States from 1801 to 1803. Nominative reports In 1874, the U.S. government created the ''United States Reports'', and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of ''U.S. Reports'' have dual citation forms; one for the volume number of ''U.S. Reports'', and one for the volume number of the reports named for the relevant reporter of decisions (these are called "nominative reports"). William Cranch Starting with the 5th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was William Cranch. Cranch was Reporter of Decisions from 1801 to 1815, covering volumes 5 through 13 of ''United States Reports'' which correspond to volumes 1 through 9 of his ''Cranch's Reports.'' As such, the complete citation to, for example, ...
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