U.S. District Court For The District Of Puerto Rico
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U.S. District Court For The District Of Puerto Rico
The United States District Court for the District of Puerto Rico (in case citations, D.P.R.; es, Tribunal del Distrito de Puerto Rico) is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario United States Courthouse located in the Hato Rey district of San Juan. The magistrate judges are located in the adjacent Federico Degetau Federal Building, and several senior district judges hold court at the Jose V. Toledo Federal Building and U.S. Courthouse in Old San Juan. The old courthouse also houses the U.S. Bankruptcy Court. Most appeals from this court are heard by the United States Court of Appeals for the First Circuit, which is headquartered in Boston but hears appeals at the Old San Juan courthouse for two sessions each year. Patent claims as well as claims against the U.S. government under the Tucker Act are appealed to the Federal Circuit. The current Unit ...
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Clemente Ruiz-Nazario United States Courthouse
Clemente is both an Italian, Spanish and Portuguese surname and a given name. Notable people with the surname include: Surname * Aldo Di Clemente (born 1948), Italian amateur astronomer * Anna Clemente (born 1994), Italian racewalker * Ari Clemente (born 1939), Brazilian footballer * Aria Clemente (born 1995), Filipina actress and singer * Art Clemente (born 1925), American politician * C. Daniel Clemente (born 1936), American attorney and businessman * Christofer Clemente, Australian scientist * Denis Clemente (born 1986), Puerto Rican basketball player * Edgard Clemente (born 1975), Puerto Rican baseball player, nephew of Roberto Clemente * Fernando Clemente (1917–1998), Italian architect * Francesco Clemente (born 1952), Italian painter * Gerardo Clemente (born 1982), Swiss football player * Jacob Clemente (born 1997), American actor and dancer * Javier Clemente (born 1950), Spanish football manager * Jim Clemente, American author and television writer and producer * John Cle ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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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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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 ...
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Article Three Of The United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judge ...
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Article Four Of The United States Constitution
Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands. The Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. Since the 1987 case of ''Puerto Rico v. Branstad'', federal courts ...
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Unincorporated Territories Of The United States
Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and tribal reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation". Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and, consequently, may be treated as part of the United States ''proper'' in some ways and not others (i.e., territories belong to, but are not considered to be a part of, the United States). Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United St ...
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Insular Cases
The Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of U.S. territories acquired in the Spanish–American War. Some scholars also include cases regarding territorial status decided up until 1914, and others include related cases as late as 1979. When the war ended in 1898, the United States had to answer the question of whether or not people in newly acquired territories were citizens, a question the country had never faced before. The preliminary answer came from a series of Supreme Court rulings, now known as the Insular Cases, which responded to the question of how American constitutional rights apply to those in United States territories. The Supreme Court held that full constitutional protection of rights does not automatically (or ''ex proprio vigore''—i.e., of its own force) extend to all places under American control. This meant that inhabitants of unincorporated territories such as Puerto Rico—"even if they are ...
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United States Territorial Court
The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most United States territorial courts are defunct because the territories under their jurisdiction have become states or been retroceded. There are three currently operating United States territorial courts: * District Court of Guam * District Court for the Northern Mariana Islands * District Court of the Virgin Islands Their jurisdiction is similar to that of United States district courts, but despite the similarity of names, they are not "United States district courts" (though they sometimes use that term). "United States district courts", created under Article III of the U.S. Constitution, exist only in United States federal judicial districts, which are found only in the 50 U.S. states, the District of Columbia, and Puerto Rico. The territor ...
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Foraker Act
The Foraker Act, , officially known as the Organic Act of 1900, is a United States federal law that established civilian (albeit limited popular) government on the island of Puerto Rico, which had recently become a possession of the United States as a result of the Spanish–American War. Section VII of the Foraker Act also established Puerto Rican citizenship. President William McKinley signed the act on April 12, 1900 and it became known as the ''Foraker Act'' after its sponsor, Ohio Senator Joseph B. Foraker. Its main author has been identified as Secretary of War Elihu Root. The new government had a governor and an 11-member executive council appointed by the President of the United States, a House of Representatives of Puerto Rico, House of Representatives with 35 elected members, a judicial system with a Supreme Court and a United States District Court, and a non-voting Resident Commissioner of Puerto Rico, Resident Commissioner in US Congress, Congress. The executive coun ...
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