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Tinsley V. Treat
''Tinsley v. Treat'', 205 U.S. 20 (1907), was a case decided by the Supreme Court of the United States that found while an indictment in a removal proceeding constitutes prima facie evidence of probable cause, it is not conclusive, so evidence put forth by a defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ... showing that no offense triable in the district to which removal is sought had been committed is admissible, and its exclusion is not mere error, but the denial of a right secured under the Federal Constitution.''Tinsley v. Treat'', . The provisions of the Safety Appliance Act of March 2, 1893, amended April 1, 1896, declared it to be unlawful for any common carrier engaged in interstate commerce to haul or permit to be hauled or used on its line any car us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Right
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered unconstitutional and invalid. Usually any constitution defines the structure, functions, powers, and limits of the national government and the individual freedoms, rights, and obligations which will be protected and enforced when needed by the national authorities. Nowadays, most countries have a written constitution comprising similar or distinct constitutional rights. Other coded set of laws have existed before the first Constitutions were developed having some similar purpose and functions, like the United Kingdom's 1215 Magna Carta or the Virginia Bill of Rights of 1776. Specific rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 205
This is a list of cases reported in volume 205 of ''United States Reports'', decided by the Supreme Court of the United States in 1907. Justices of the Supreme Court at the time of volume 205 U.S. The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice). When the cases in volume 205 were decided the Court comprised the following nine members: Notable Case in 205 U.S. ''Halter v. Nebraska'' '' Halter v. Nebraska''205 U.S. 34 (1907) was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury. For example, if a jury thinks that the plaintiff is 30% at fault for his own injury, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rail Tracks
A railway track (British English and UIC terminology) or railroad track (American English), also known as permanent way or simply track, is the structure on a railway or railroad consisting of the rails, fasteners, railroad ties (sleepers, British English) and ballast (or slab track), plus the underlying subgrade. It enables trains to move by providing a dependable surface for their wheels to roll upon. Early tracks were constructed with wooden or cast iron rails, and wooden or stone sleepers; since the 1870s, rails have almost universally been made from steel. Historical development The first railway in Britain was the Wollaton Wagonway, built in 1603 between Wollaton and Strelley in Nottinghamshire. It used wooden rails and was the first of around 50 wooden-railed tramways built over the next 164 years. These early wooden tramways typically used rails of oak or beech, attached to wooden sleepers with iron or wooden nails. Gravel or small stones were packed around the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Railroad Cars
A railroad car, railcar ( American and Canadian English), railway wagon, railway carriage, railway truck, railwagon, railcarriage or railtruck (British English and UIC), also called a train car, train wagon, train carriage or train truck, is a vehicle used for the carrying of cargo or passengers on a rail transport system (a railroad/railway). Such cars, when coupled together and hauled by one or more locomotives, form a train. Alternatively, some passenger cars are self-propelled in which case they may be either single railcars or make up multiple units. The term "car" is commonly used by itself in American English when a rail context is implicit. Indian English sometimes uses "bogie" in the same manner, though the term has other meanings in other variants of English. In American English, "railcar" is a generic term for a railway vehicle; in other countries "railcar" refers specifically to a self-propelled, powered, railway vehicle. Although some cars exist for the ra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interstate Commerce
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Carrier
A common carrier in common law countries (corresponding to a public carrier in some civil law systems,Encyclopædia Britannica CD 2000 "Civil-law public carrier" from "carriage of goods" usually called simply a ''carrier'') is a person or company that transports goods or people for any person or company and is responsible for any possible loss of the goods during transport.Longman Business English Dictionary A common carrier offers its services to the general public under license or authority provided by a regulatory body, which has usually been granted "ministerial authority" by the legislation that created it. The regulatory body may create, interpret, and enforce its regulations upon the common carrier (subject to judicial review) with independence and finality as long as it acts within the bounds of the enabling legislation. A common carrier (also called a ''public carrier'' in British English) is distinguished from a contract carrier, which is a carrier that transports goo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Safety Appliance Act
The Safety Appliance Act is a United States federal law that made air brakes and automatic couplers mandatory on all trains in the United States. It was enacted on March 2, 1893, and took effect in 1900, after a seven-year grace period. The act is credited with a sharp drop in accidents on American railroads in the early 20th century. Background After the Civil War, railroads expanded rapidly throughout the United States. The increased traffic was accompanied by an increase in accidents among railroad personnel, especially brakemen. Many accidents were associated with coupling and uncoupling of railroad cars, and particularly with the use of link-and-pin couplers, which were widely used then. The operation of hand brakes was also very hazardous. The rise in accidents led to calls for safety legislation, as early as the 1870s. In the 1880s, on-the-job deaths of railroad workers were second only to those of coal miners. Through that decade, several state legislatures enacted sa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Error
An error (from the Latin ''error'', meaning "wandering") is an action which is inaccurate or incorrect. In some usages, an error is synonymous with a mistake. The etymology derives from the Latin term 'errare', meaning 'to stray'. In statistics, "error" refers to the difference between the value which has been computed and the correct value. An error could result in failure or in a deviation from the intended performance or behavior. Human behavior One reference differentiates between "error" and "mistake" as follows: In human behavior the norms or expectations for behavior or its consequences can be derived from the intention of the actor or from the expectations of other individuals or from a social grouping or from social norms. (See deviance.) Gaffes and faux pas can be labels for certain instances of this kind of error. More serious departures from social norms carry labels such as misbehavior and labels from the legal system, such as misdemeanor and crime. Departures ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
