United States V. Brooks
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United States V. Brooks
The Supreme Court of the United States, under Chief Justice Roger B. Taney (1836–1864), issued several important decisions on the status of aboriginal title in the United States, building on the opinions of aboriginal title in the Marshall Court. The Taney Court heard '' Fellows v. Blacksmith'' (1857) and '' New York ex rel. Cutler v. Dibble'' (1858), the first two aboriginal title cases involving indigenous plaintiffs to reach the Supreme Court since '' Cherokee Nation v. Georgia'' (1830), and the first two cases won by indigenous parties in the Supreme Court. In ''Marsh v. Brooks'' (1850), in dicta, the Court declared: "That an action of ejectment could be maintained on an Indian right to occupancy and use, is not open to question." The remaining cases involved no indigenous parties. In ''United States v. Brooks'' (1850), the Court refused to inquire into allegations of fraud on the part of Commissioner Jehiel Brooks in negotiating a treaty with the Caddo. Following t ...
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Roger Taney - Healy
Roger is a given name, usually masculine, and a surname. The given name is derived from the Old French personal names ' and '. These names are of Germanic languages, Germanic origin, derived from the elements ', ''χrōþi'' ("fame", "renown", "honour") and ', ' ("spear", "lance") (Hrōþigēraz). The name was introduced into England by the Normans. In Normandy, the Franks, Frankish name had been reinforced by the Old Norse cognate '. The name introduced into England replaced the Old English cognate '. ''Roger'' became a very common given name during the Middle Ages. A variant form of the given name ''Roger'' that is closer to the name's origin is ''Rodger''. Slang and other uses Roger is also a short version of the term "Jolly Roger", which refers to a black flag with a white skull and crossbones, formerly used by piracy, sea pirates since as early as 1723. From up to , Roger was slang for the word "penis". In ''Under Milk Wood'', Dylan Thomas writes "jolly, rodgered" sugges ...
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Tonawanda Reservation
The Tonawanda Indian Reservation ( see, Ta:nöwöde') is an Indian reservation of the Tonawanda Seneca Nation located in western New York, United States. The band is a federally recognized tribe and, in the 2010 census, had 693 people living on the reservation. The reservation lies mostly in Genesee County, extending into Erie and Niagara counties. It is bordered by the Towns of Alabama, Pembroke, Newstead, and Royalton. The Tonawanda Reservation is also known as the Tonawanda Creek Reservation. Currently, it has more than a half dozen businesses located on Bloomingdale Road within the reservation. Several sell untaxed, low-price cigarettes and gasoline. Other businesses sell Seneca craft goods, groceries, and prepared food. History After various cultures of indigenous peoples succeeded each other in the Great Lakes area, in late prehistoric times, the five nations of the Iroquois coalesced. Before the mid-14th century, they had formed the Iroquois Confederacy. The Sene ...
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John Catron - Brady-Handy
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope Joh ...
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Lee County Half-Breed
Lee may refer to: Name Given name * Lee (given name), a given name in English Surname * Chinese surnames romanized as Li or Lee: ** Li (surname 李) or Lee (Hanzi ), a common Chinese surname ** Li (surname 利) or Lee (Hanzi ), a Chinese surname * Lý (Vietnamese surname) or Lí (李), a common Vietnamese surname * Lee (Korean surname) or Rhee or Yi (Hanja , Hangul or ), a common Korean surname * Lee (English surname), a common English surname * List of people with surname Lee ** List of people with surname Li ** List of people with the Korean family name Lee Geography United Kingdom * Lee, Devon * Lee, Hampshire * Lee, London * Lee, Mull, a location in Argyll and Bute * Lee, Northumberland, a location * Lee, Shropshire, a location * Lee-on-the-Solent, Hampshire * Lee District (Metropolis) * The Lee, Buckinghamshire, parish and village name, formally known as Lee * River Lee - alternative name for River Lea United States * Lee, California * Lee, Florida * ...
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Dicta
In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal terminology, a ''dictum'' is a statement of opinion considered authoritative (although not binding), given the recognized authoritativeness of the person who pronounced it."dictum", Black's Law Dictionary (8th ed. 2004); C.J.S. Courts §§ 142-143. There are multiple subtypes of ''dicta'', although due to their overlapping nature, legal practitioners in the U.S. colloquially use ''dictum'' to refer to any statement by a court the scope of which extends beyond the issue before the court. ''Dicta'' in this sense are not binding under the principle of ''stare decisis'', but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include: * ''dict ...
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Treaty Of Buffalo Creek
The Treaties of Buffalo Creek are a series of treaties, named for the Buffalo River in New York, between the United States and Native American peoples: These include the following: * First Treaty of Buffalo Creek (1788) * Second Treaty of Buffalo Creek (1838) * Third Treaty of Buffalo Creek The Third Treaty of Buffalo Creek or Treaty with the Seneca of 1842 signed by the U.S. and the Seneca Nation modified the Second Treaty of Buffalo Creek.
(1842) * Fourth Treaty of Buffalo Creek (1857) United States and Native American treaties
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Nonintercourse Act
The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of reservations. The various Acts were also intended to regulate commerce between settlers and the natives. The most notable provisions of the Act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783. Text of the land provision The first four Acts expired after 4 years; the 1802 and 1834 Acts had no expiration. The version of the Act in force at the time of the illicit conveyance determines the law that applies. The courts have found few legal differences between the five versions ...
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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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Indian Commerce Clause
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 ...
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Self-help (law)
Self-help, in the sense of a legal doctrine, refers to individuals' implementation of their rights without resorting to legal writ or consultation of higher authority, as where a financial institution repossesses a car on which they hold both the title and a defaulted note. Individuals resort to self-help when they retrieve property found under the unauthorized control of another person, or simply abate nuisances (as by using sandbags and ditches to protect land from being flooded). A self-help eviction refers to a commercial landlord's common law right to use self-help to reenter his or her property peaceably in order to evict a defaulting tenant or other person with no right of possession. Degrees of limitation The legal system places varying degrees of limitation on self-help, and laws vary widely among different jurisdictions. Often, self-help will be allowed as long as no law is broken, and no breach of the peace occurs (or is likely to occur). Also, the usual limit on liabi ...
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Indian Removal
Indian removal was the United States government policy of forced displacement of self-governing tribes of Native Americans from their ancestral homelands in the eastern United States to lands west of the Mississippi Riverspecifically, to a designated Indian Territory (roughly, present-day Oklahoma). The Indian Removal Act, the key law which authorized the removal of Native tribes, was signed by Andrew Jackson in 1830. Although Jackson took a hard line on Indian removal, the law was enforced primarily during the Martin Van Buren administration. After the passage of the Indian Removal Act in 1830, approximately 60,000 members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations (including thousands of their black slaves) were forcibly removed from their ancestral homelands, with thousands dying during the Trail of Tears. Indian removal, a popular policy among incoming settlers, was a consequence of actions by European settlers in North America during th ...
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Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery (tort), battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleading, pleads or allegation, alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the Legal remedy, remedy (t ...
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