Totten V. United States
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Totten V. United States
''Totten v. United States'', 92 U.S. 105 (1876), is a United States Supreme Court case in which the court ruled on judicial jurisdiction in espionage cases. The case was an important precursor to the court's 1953 decision in ''United States v. Reynolds'' wherein it recognized the State Secrets Privilege. The case was later referenced and its holding expanded by the Court in the 2005 case of '' Tenet v. Doe'' and then again in '' General Dynamics Corp. v. United States''. In ''Tenet'', which involved a contract claim against the CIA brought by Cold War era spies, Court clarified that “''Totten'' precludes judicial review in cases . . . where success depends upon the existence of their secret espionage relationship with the government.”. In ''General Dynamics'', the Court held that the same logic applied outside the espionage context, with the limitation that “ th parties—the government no less than petitioners—must have assumed the risk that state secrets would prevent the a ...
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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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Confederate States Of America
The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confederacy comprised U.S. states that declared secession and warred against the United States during the American Civil War: South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, Tennessee, and North Carolina. Kentucky and Missouri also declared secession and had full representation in the Confederate Congress, though their territory was largely controlled by Union forces. The Confederacy was formed on February 8, 1861, by seven slave states: South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas. All seven were in the Deep South region of the United States, whose economy was heavily dependent upon agriculture—particularly cotton—and a plantation system that relied upon enslaved ...
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1876 In United States Case Law
Events January–March * January 1 ** The Reichsbank opens in Berlin. ** The Bass Brewery Red Triangle becomes the world's first registered trademark symbol. * February 2 – The National League of Professional Base Ball Clubs is formed at a meeting in Chicago; it replaces the National Association of Professional Base Ball Players. Morgan Bulkeley of the Hartford Dark Blues is selected as the league's first president. * February 2 – Third Carlist War – Battle of Montejurra: The new commander General Fernando Primo de Rivera marches on the remaining Carlist stronghold at Estella, where he meets a force of about 1,600 men under General Carlos Calderón, at nearby Montejurra. After a courageous and costly defence, Calderón is forced to withdraw. * February 14 – Alexander Graham Bell applies for a patent for the telephone, as does Elisha Gray. * February 19 – Third Carlist War: Government troops under General Primo de Rivera drive through the w ...
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List Of United States Supreme Court Cases, Volume 92
This is a list of cases reported in volume 92 of ''United States Reports'', decided by the Supreme Court of the United States in 1876, along with two cases from 1875. Justices of the Supreme Court at the time of 92 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 92 U.S. were decided the Court comprised the following nine members: Notable Cases in 92 U.S. ''United States v. Reese'' ''United States v. Reese' ...
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Priest–penitent Privilege
The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. This rule recognises certain communication as privileged and not subject to otherwise obligatory disclosure; for example, this often applies to communications between lawyers and clients. In many jurisdictions certain communications between a member of the clergy of some or all religious faiths (e.g., a minister, priest, rabbi, imam) and a person consulting them in confidence are privileged in law. In particular, Catholics, Lutherans and Anglicans, among adherents of other Christian denominations, confess their sins to priests, who are unconditionally forbidden by Church canon law from making any disclosure, a position supported by the ...
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Attorney–client Privilege
Attorney–client privilege or lawyer–client privilege is the name given to the common law concept of legal professional privilege in the United States. Attorney–client privilege is " client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney." The attorney–client privilege is one of the oldest privileges for confidential communications. The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation. General requirements under United States law Although there are minor variations, the elements necessary to establish the attorney–client privilege generally are: # The asserted holder of the privilege is (or sought to become) a client; and # The person to whom the communication was made: ## is a member ...
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Spousal Privilege
In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege. Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from having to condemn, or be condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to their spouse. However, in some countries, the spousal privileges have their roots in the legal fiction that a husband and wife were one person ...
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Privilege (evidence)
In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding. There are many such privileges recognised by the judicial system, some stemming from the common law and others from statute law. Each privilege has its own rules, which often vary between jurisdictions. Types One well known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. The rationale is that clients ought to be able to communicate freely with their lawyers, in order to facilitate the proper functioning of the legal system. Other common forms include privilege against com ...
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Stephen J
Stephen or Steven is a common English first name. It is particularly significant to Christians, as it belonged to Saint Stephen ( grc-gre, Στέφανος ), an early disciple and deacon who, according to the Book of Acts, was stoned to death; he is widely regarded as the first martyr (or "protomartyr") of the Christian Church. In English, Stephen is most commonly pronounced as ' (). The name, in both the forms Stephen and Steven, is often shortened to Steve or Stevie. The spelling as Stephen can also be pronounced which is from the Greek original version, Stephanos. In English, the female version of the name is Stephanie. Many surnames are derived from the first name, including Stephens, Stevens, Stephenson, and Stevenson, all of which mean "Stephen's (son)". In modern times the name has sometimes been given with intentionally non-standard spelling, such as Stevan or Stevon. A common variant of the name used in English is Stephan ; related names that have found some c ...
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Supreme Court Justice
The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight Associate Justice of the Supreme Court of the United States, associate justices, any six of whom constitute a quorum. Appointments Clause, Article II, Section 2, Clause 2 of the Constitution grants plenary power to the President of the United States to nominate, and with the advice and consent of the United States Senate, appoint justices to the Supreme Court; justices have life tenure. Background The Supreme Court was created by Article Three of the United States Constitution, Article III of the Constitution of the United States, United States Constitution, which stipulates that the "judicial power of the United States, shall be vested in one Supreme Court," and was organized by the 1st United States Congress. Through the Judiciary Act of 1789, Congress specified the C ...
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Supreme Court Of The United States - Waite Court - C
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of la ...
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Edwin Stanton
Edwin McMasters Stanton (December 19, 1814December 24, 1869) was an American lawyer and politician who served as U.S. Secretary of War under the Lincoln Administration during most of the American Civil War. Stanton's management helped organize the massive military resources of the North and guide the Union to victory. However, he was criticized by many Union generals, who perceived him as overcautious and micromanaging. He also organized the manhunt for Abraham Lincoln's assassin, John Wilkes Booth. After Lincoln's assassination, Stanton remained as the Secretary of War under the new US president, Andrew Johnson, during the first years of Reconstruction Era, Reconstruction. He opposed the lenient policies of Johnson towards the former Confederate States. Johnson's attempt to dismiss Stanton ultimately led to impeachment of Andrew Johnson, Johnson being impeached by the Radical Republicans in the House of Representatives. Stanton returned to law after he retired as Secretary of Wa ...
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