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United States V. Kirby
''United States v. Kirby'', 74 U.S. (7 Wall.) 482 (1868), was a case in which the Supreme Court of the United States held that statutes must be constructed reasonably. Facts In 1868, Farris, who was a carrier of the mail, was indicted for murder in the Circuit Court of Gallatin County, Kentucky. The state court judge issued a bench warrant to Kirby, the sheriff of Gallatin County, who seized Farris and brought him before the state court. However, the federal government then obtained an indictment from a grand jury charging Sheriff Kirby with "knowingly and willfully obstructing or retarding the passage of the mail", a federal offense under an Act of March 3, 1825. The question of "whether the arrest of the mail-carrier upon the bench warrant from the Circuit Court of Gallatin County was, in the circumstances, an obstruction of the mail within the meaning of the Act of Congress," was certified to the US Supreme Court. Holding Mr. Justice Field, for a unanimous court, a ...
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John William Wallace
John William Wallace (February 17, 1815 – January 12, 1884) was an American lawyer and the seventh reporter of decisions of the United States Supreme Court, serving from 1863 to 1874. Born in Philadelphia, he graduated from the University of Pennsylvania in 1833 and studied law under his father and John Sergeant. He was admitted to the Philadelphia bar in 1836. While librarian to the Law Association of Philadelphia, he compiled three volumes of decisions of the Third Circuit Court of Appeals The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * E ..., which sat in that city. He wrote The Reporters on English reporters and cases, first as an article in the ''American Law Magazine'' (1844), and then as a book in multiple editions (1845, 1855, 1882) that made his reputation. His twenty-thr ...
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US Supreme Court
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 Consti ...
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United States Statutory Interpretation Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases Of The Chase Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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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 ...
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1868 In United States Case Law
Events January–March * January 2 – British Expedition to Abyssinia: Robert Napier leads an expedition to free captive British officials and missionaries. * January 3 – The 15-year-old Mutsuhito, Emperor Meiji of Japan, declares the ''Meiji Restoration'', his own restoration to full power, under the influence of supporters from the Chōshū and Satsuma Domains, and against the supporters of the Tokugawa shogunate, triggering the Boshin War. * January 5 – Paraguayan War: Brazilian Army commander Luís Alves de Lima e Silva, Duke of Caxias enters Asunción, Paraguay's capital. Some days later he declares the war is over. Nevertheless, Francisco Solano López, Paraguay's president, prepares guerrillas to fight in the countryside. * January 7 – The Arkansas constitutional convention meets in Little Rock. * January 9 – Penal transportation from Britain to Australia ends, with arrival of the convict ship ''Hougoumont'' in Western Australia, ...
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List Of United States Supreme Court Cases, Volume 74
This is a list of cases reported in volume 74 (7 Wall.) of '' United States Reports'', decided by the Supreme Court of the United States in 1869. Nominative reports In 1874, the U.S. government created the ''United States Reports'', and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of ''U.S. Reports'' have dual citation forms; one for the volume number of ''U.S. Reports'', and one for the volume number of the reports named for the relevant reporter of decisions (these are called " nominative reports"). John William Wallace Starting with the 66th volume of ''U.S. Reports'', the Reporter of Decisions of the Supreme Court of the United States was John William Wallace. Wallace was Reporter of Decisions from 1863 to 1874, covering volumes 68 through 90 of ''United States Reports'' which correspond to volumes 1 through 23 of his ''Wallace's Reports''. As such, the dual form of citatio ...
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Letter And Spirit Of The Law
The letter of the law and the spirit of the law are two possible ways to regard rules, or laws. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law means enacting the intent behind the law. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Rules as written (RAW) versus rules as intended (RAI) is a similar expression originating from the tabletop role-playing game community. Legal research Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate ...
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Reason
Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, language, mathematics, and art, and is normally considered to be a distinguishing ability possessed by humans. Reason is sometimes referred to as rationality. Reasoning is associated with the acts of thinking and cognition, and involves the use of one's intellect. The field of logic studies the ways in which humans can use formal reasoning to produce logically valid arguments. Reasoning may be subdivided into forms of logical reasoning, such as: deductive reasoning, inductive reasoning, and abductive reasoning. Aristotle drew a distinction between logical discursive reasoning (reason proper), and intuitive reasoning, in which the reasoning process through intuition—however valid—may tend toward the personal and the subject ...
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Grand Jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, grand juries are only retained in two countries, the United States and Liberia. Other common law jurisdictions formerly employed them, and most others now employ a different procedure that does not involve a jury: a preliminary hearing. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons committed a particula ...
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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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Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and this i ...
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