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United States V. Mitchell (1983)
''United States v. Mitchell'', 463 U.S. 206 (1983), was a case in which the Supreme Court of the United States held that the United States is accountable in money damages for alleged breaches of trust in connection with its management of forest resources on allotted lands of the Quinault Reservation.''United States v. Mitchell'', . Background History The Quinault and Quileute tribes, are American Indian (Native American) tribes located on the Quinault and Quileute Reservations in the State of Washington. The tribes were moved onto unsuitable reservations after signing the Treaty of OlympiaTreaty of Olympia, . with the United States in 1855. In 1873 a reservation of was established by Executive Order along the Washington coastline, with most of the reservation being heavily wooded. Sisk, Gregory C. (2003), Yesterday and Today: of Indians, Breach of Trust, Money, and Sovereign Immunity', 39 Tulsa L. R. 313, Univ. of Tulsa. In 1905, the federal government began transferring o ...
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Tucker Act
The Tucker Act (March 3, 1887, ch. 359, , ) is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits. The Tucker Act may be divided into the "Big" Tucker Act, which applies to claims above $10,000 and gives jurisdiction to the United States Court of Federal Claims, and the "Little" Tucker Act (), the current version of which gives concurrent jurisdiction to the Court of Federal Claims and the District Courts "for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws", and for claims below $10,000. Permitted lawsuits Suits may arise out of express or implied contracts to which the government was a party. Damages may be liquidated or unliquidated. Suits may be broug ...
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Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defen ...
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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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1983 In United States Case Law
The year 1983 saw both the official beginning of the Internet and the first mobile cellular telephone call. Events January * January 1 – The migration of the ARPANET to TCP/IP is officially completed (this is considered to be the beginning of the true Internet). * January 24 – Twenty-five members of the Red Brigades are sentenced to life imprisonment for the 1978 murder of Italian politician Aldo Moro. * January 25 ** High-ranking Nazi war criminal Klaus Barbie is arrested in Bolivia. ** IRAS is launched from Vandenberg AFB, to conduct the world's first all-sky infrared survey from space. February * February 2 – Giovanni Vigliotto goes on trial on charges of polygamy involving 105 women. * February 3 – Prime Minister of Australia Malcolm Fraser is granted a double dissolution of both houses of parliament, for elections on March 5, 1983. As Fraser is being granted the dissolution, Bill Hayden resigns as leader of the Australian Labor Party, and in the subsequent lead ...
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Lewis F
Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * "Lewis (Mistreated)", a song by Radiohead from ''My Iron Lung'' Places * Lewis (crater), a crater on the far side of the Moon * Isle of Lewis, the northern part of Lewis and Harris, Western Isles, Scotland United States * Lewis, Colorado * Lewis, Indiana * Lewis, Iowa * Lewis, Kansas * Lewis Wharf, Boston, Massachusetts * Lewis, Missouri * Lewis, Essex County, New York * Lewis, Lewis County, New York * Lewis, North Carolina * Lewis, Vermont * Lewis, Wisconsin Ships * USS ''Lewis'' (1861), a sailing ship * USS ''Lewis'' (DE-535), a destroyer escort in commission from 1944 to 1946 Science * Lewis structure, a diagram of a molecule that shows the bonding between the atoms * Lewis acids and bases * Lewis antigen system, a human blood group system * Lewis number, a dimensionles ...
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Sovereign Immunity In The United States
In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim , meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law. Sovereign immunity falls into two categories: *Absolute immunity: When absolute immunity applies, a government actor may not be sued for the allegedly wrongful act, even if that person acted maliciously or in bad faith; and *Qualified immuni ...
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Thurgood Marshall
Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-American justice. Prior to his judicial service, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshall coordinated the assault on racial segregation in schools. He won 29 of the 32 civil rights cases he argued before the Supreme Court, culminating in the Court's landmark 1954 decision in ''Brown v. Board of Education'', which rejected the separate but equal doctrine and held segregation in public education to be unconstitutional. President Lyndon B. Johnson appointed Marshall to the Supreme Court in 1967. A staunch liberal, he frequently dissented as the Court became increasingly conservative. Born in Baltimore, Maryland, Marshall attended Lincoln University and the Howard Universi ...
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Associate Justice Of The Supreme Court Of The United States
An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869. Appointments Clause, Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the President of the United States, president to nominate, and with the advice and consent (confirmation) of the United States Senate, Senate, appoint justices to the Supreme Court. Article Three of the United States Constitution, Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other United States federal judge, federal judges, which ends only when a justice dies, retires, resigns, or is removed from office by Federal impeachment in the United States, impeachment. Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief j ...
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Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ...
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Wind River Indian Reservation
The Wind River Indian Reservation, in the west-central portion of the U.S. state of Wyoming, is shared by two Native American tribes, the Eastern Shoshone ( shh, Gweechoon Deka, ''meaning: "buffalo eaters"'') and the Northern Arapaho ( arp, hoteiniiciihehe'). Roughly east to west by north to south, the Indian reservation is located in the Wind River Basin, and includes portions of the Wind River Range, Owl Creek Mountains, and Absaroka Range. The Wind River Indian Reservation is the seventh-largest American Indian reservation in the United States by area and the fifth-largest by population. The land area is approximately , and the total area (land and water) is . The reservation constitutes just over one-third of Fremont County and over one-fifth of Hot Springs County. The 2000 census reported the population of Fremont County as 40,237. According to the 2010 census, only 26,490 people now live on the reservation, with about 15,000 of the residents being non-Indians on ce ...
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Shoshone
The Shoshone or Shoshoni ( or ) are a Native American tribe with four large cultural/linguistic divisions: * Eastern Shoshone: Wyoming * Northern Shoshone: southern Idaho * Western Shoshone: Nevada, northern Utah * Goshute: western Utah, eastern Nevada They traditionally speak the Shoshoni language, part of the Numic languages branch of the large Uto-Aztecan language family. The Shoshone were sometimes called the Snake Indians by neighboring tribes and early American explorers. Their peoples have become members of federally recognized tribes throughout their traditional areas of settlement, often co-located with the Northern Paiute people of the Great Basin. Etymology The name "Shoshone" comes from ''Sosoni'', a Shoshone word for high-growing grasses. Some neighboring tribes call the Shoshone "Grass House People," based on their traditional homes made from ''sosoni''. Shoshones call themselves ''Newe'', meaning "People".Loether, Christopher"Shoshones."''Encyclopedia of the Gr ...
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