United States Court For China
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United States Court For China
The United States Court for China was a United States district court that had extraterritorial jurisdiction over U.S. citizens in China. It existed from 1906 to 1943 and had jurisdiction in civil and criminal matters, with appeals taken to the U.S. Court of Appeals for the Ninth Circuit in San Francisco. Consular courts prior to establishment of court Extraterritorial jurisdiction in China was first granted to the United States by the Treaty of Wanghia upon ratification in 1845, followed by the Treaty of Tientsin ratified in 1860. Under the treaties, cases against US citizens were tried in US consular courts, while cases against Chinese nationals were tried in Chinese courts. Consuls had jurisdiction in the following matters: :* criminal cases where the punishment for the offense charged did not exceed a $100 fine or 60 days imprisonment, from which there was no appeal; :* criminal cases where the punishment for the offense charged did not exceed a $500 fine or 90 days impriso ...
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Shanghai International Settlement
The Shanghai International Settlement () originated from the merger in the year 1863 of the British and American enclaves in Shanghai, in which British subjects and American citizens would enjoy extraterritoriality and consular jurisdiction under the terms of treaties agreed by both parties. These treaties were abrogated in 1943. The British settlements were established following the victory of the British in the First Opium War (18391842). Under the terms of the Treaty of Nanking, the five treaty ports including Shanghai were opened to foreign merchants, overturning the monopoly then held by the southern port of Canton (Guangzhou) under the Canton System. The British also established a base on Hong Kong. American and French involvement followed closely on the heels of the British and their enclaves were established north and south, respectively, of the British area. Unlike the colonies of Hong Kong and Macau, where the United Kingdom and Portugal enjoyed full sovereignty i ...
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Insular Government
The Insular Government of the Philippine IslandsThis form of the name appeared in the titles of U.S. Supreme Court cases, but was otherwise rarely used. See Costas v. Insular Government of the Philippine Islands, 221 U.S. 623, 1911. The Administrative Code of the Philippine Islands of 1917' gives the formal name of the state as either "Insular Government" or "Government of the Philippine Islands" (p. 5). ( es, Gobierno Insular de las Islas Filipinas) was an unincorporated territory of the United States that was established in 1902 and was reorganized in 1935 in preparation for later independence. The Insular Government was preceded by the United States Military Government of the Philippine Islands and was followed by the Commonwealth of the Philippines. The Philippines were acquired from Spain by the United States in 1898 following the Spanish–American War. Resistance led to the Philippine–American War, in which the United States suppressed the nascent First Philippine R ...
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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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Territory Of Alaska
The Territory of Alaska or Alaska Territory was an organized incorporated territory of the United States from August 24, 1912, until Alaska was granted statehood on January 3, 1959. The territory was previously Russian America, 1784–1867; the Department of Alaska, 1867–1884; and the District of Alaska, 1884–1912. Origin Passage of the 1899 Criminal Code which, among other things, included a tax on liquor, led to increased calls for Alaskan representation in Congress, and the debate finally ended on August 24, 1912, when the Alaska District became an organized, incorporated territory of the United States. The ''Second Organic Act'' of 1912 renamed the District the Territory of Alaska. By 1916, its population was about 58,000. James Wickersham, a Delegate to Congress, introduced Alaska's first statehood bill, but it failed for lack of interest from Alaskans. Even President Warren G. Harding's unprecedented visit in 1923 (just days before his death) could not create wides ...
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Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabili ...
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Compradore
A comprador or compradore () is a "person who acts as an agent for foreign organizations engaged in investment, trade, or economic or political exploitation". A comprador is a native manager for a European business house in East and South East Asia, and, by extension, social groups that play broadly similar roles in other parts of the world. Etymology The term ''comprador'', a Portuguese word that means ''buyer'', derives from the Latin ''comparare'', which means ''to procure''. The original usage of the word in East Asia meant a native servant in European households in Guangzhou in southern China or the neighboring Portuguese colony at Macao that went to market to barter their employers' wares. The term then evolved to mean the native contract suppliers who worked for foreign companies in East Asia or the native managers of firms in East Asia. Compradors held important positions in southern China buying and selling tea, silk, cotton and yarn for foreign corporations and working in ...
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Traditional Chinese Law
Traditional Chinese law refers to the laws, regulations, and rules used in China up to 1911, when the last imperial dynasty fell. It has undergone continuous development since at least the 11th century BCE. This legal tradition is distinct from the common law and civil law traditions of the West – as well as Islamic law and classical Hindu law – and to a great extent, is contrary to the concepts of contemporary Chinese law. It incorporates elements of both Legalist and Confucian traditions of social order and governance. One feature of the traditional Chinese criminal procedure is that it was an inquisitorial system where the judge, usually the district magistrate, conducts the public investigation of a crime. This is comparable to the system used in civil law jurisdictions, but contrary to common law which uses an adversarial system where the judge decides between attorneys representing the prosecution and defense. "The Chinese traditionally despised the role of advocate ...
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In Re Ross
''In re Ross'', or ''Ross v. McIntyre'', 140 U.S. 453 (1891), was a US Supreme Court case decided on May 21, 1891, that dealt with the application of American law by US consular courts over foreign sailors on American-flagged ships in countries in which the United States exercised extraterritorial jurisdiction. Background John M. Ross, a Canadian sailor on the American ship ''Bullion'', was convicted in the US consular court in Yokohama of murder on the ship while it was in that city before the US consul general at Kanagawa, Thomas van Buren. Ross was sentenced to death, but US President Rutherford B. Hayes commuted the sentence to a life sentence of hard labor at Albany Penitentiary. Although Ross accepted the commutation, he later sought a writ of habeas corpus for his release on the grounds that having been born on Prince Edward Island, he was a British subject and so was not subject to the jurisdiction of a US consular court. Decision The Supreme Court upheld the jurisdicti ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ...
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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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Law Quarterly Review
The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History The ''LQR''s founding editor was Frederick Pollock, then Corpus Professor of Jurisprudence at the University of Oxford. Founded in 1885, it is one of the oldest law journals in the English-speaking world, after only the ''University of Pennsylvania Law Review'' and the ''South African Law Journal''. The editors' intention was that the journal would help to establish law as a worthy field of academic study. In this purpose it has "triumphed". In the first volume alone its contributors included, in addition to Pollock himself, Sir William Anson, Albert Venn Dicey, and Thomas Erskine Holland, each of whom had assisted in the founding of the journal, as well as Oliver Wendell Holmes, F. W. Maitland, T. E. Scrutton (later Lord Justice), Jame ...
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