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Seymour V. Superintendent Of Washington State Penitentiary
''Seymour v. Superintendent of Wash. State Penitentiary'', 368 U.S. 351 (1962), was a case in which the Supreme Court of the United States that the state of Washington did not have jurisdiction to try an Indian (Native American) for a crime committed within the boundaries of the Colville Indian Reservation, even if the crime was committed on land now owned by a non-Indian.''Seymour v. Superintendent of Wash. State Penitentiary'', . Background History Paul Seymour was an enrolled member of the Confederated Tribes of the Colville Reservation, a group of twelve Indian tribes that are based at the Colville Indian Reservation. The reservation is located in the western part of Oregon and the eastern part of Washington. The reservation was established by the executive order of President Ulysses S. Grant on 2 July 1872. 915-916 (Charles J. Kappler, ed., 1904). In 1892, Congress opened up part of the reservation to white settlement.. 441-443 (Charles J. Kappler, ed., 1904). In 1916, Pr ...
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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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Prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correctional facility, lock-up, hoosegow or remand center, is a facility in which inmates (or prisoners) are confined against their will and usually denied a variety of freedoms under the authority of the state as punishment for various crimes. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed. Prisons can also be used as a tool of political repression by authoritarian regimes. Their perceived opponents may be ...
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1962 In United States Case Law
Year 196 ( CXCVI) was a leap year starting on Thursday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Dexter and Messalla (or, less frequently, year 949 ''Ab urbe condita''). The denomination 196 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Emperor Septimius Severus attempts to assassinate Clodius Albinus but fails, causing Albinus to retaliate militarily. * Emperor Septimius Severus captures and sacks Byzantium; the city is rebuilt and regains its previous prosperity. * In order to assure the support of the Roman legion in Germany on his march to Rome, Clodius Albinus is declared Augustus by his army while crossing Gaul. * Hadrian's wall in Britain is partially destroyed. China * First year of the '' Jian'an era of the Chinese Han Dynasty. * Emperor Xian of ...
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Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A member of the Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 and 1936 presidential elections.Ball, Howard. ''Hugo L. Black: Cold Steel Warrior''. Oxford University Press. 2006. Before he became a Senator, Black espoused anti-Catholic views and was a member of the Ku Klux Klan in Alabama, from which he resigned in 1925. In 1937, upon being appointed to the Supreme Court, Black said: "Before becoming a Senator I dropped the Klan. I have had nothing to do with it since that time. I abandoned it. I completely discontinued any association with the organization." Black served as the Secretary of the Senate Democratic Conference and the Chair of the Senate Education Committee during his decade i ...
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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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United States Solicitor General
The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represents the federal government of the United States before the Supreme Court of the United States. The solicitor general determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the Office of the Solicitor General also files ''amicus curiae'' briefs in cases in which the federal government has a significant interest. The Office of the Solicitor General argues on behalf of the government in virtually every case in which the United States is a party, and also argues in most of the cases in which the government has filed an ''amicus'' brief. In the federal courts of appeal, the Office of the Solicitor General reviews cases decided again ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Diminishment
Diminishment is the legal process by which the United States Congress can reduce the size of an Indian reservation. History In 1984, the United States Supreme Court held in '' Solem v. Bartlett'', 465 U.S. 463 (1984), that "only Congress may diminish the boundaries of an Indian reservation, and its intent to do so must be clear."''Nebraska v. Parker''No. 14–1406 577 U.S. ____ (2016). This was noted in the Court's 2016 case '' Nebraska v. Parker'', 577 U.S. ___ (2016), in which the Court held that an 1882 Act passed by Congress did not diminish the Omaha Reservation. The ''Solem'' case established a "diminishment doctrine" that U.S. courts could use when evaluating whether diminishment had taken place. In the 1994 case ''Hagen v. Utah'', 510 U.S. 399 (1994), the Supreme Court held that Congress's 1902 Act had diminished the Uintah Reservation. The Court applied its doctrine established in the ''Solem'' case. See also * Dawes Act * Curtis Act * Checkerboarding (land) * Diminishe ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o .... The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. Justices must retire at the end of the calendar year in which they reach the age of 75, per the Constitution of Washington, Washington State Constitution. The chief justice is chosen by secret ballot by the Justices to serve a 4-year term. The current chief justice is Steven Gonzalez, Steven C. González, who was elected by his peers on November 5, 2020. González was sworn in as Chief Justice on January 11, 2021, succeeding Debra L. Stephens. Prior to January 1997 (pursuant to a Constitutional amendment ad ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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