United States Case Law Topical Index
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United States Case Law Topical Index
On finding the simple categorization of United States Supreme Court articles on Wikipedia insufficient for purposes of easily searching for case law that deals with a certain topic, this index is being created to make things easier. Topics are listed alphabetically. If a topic has a sub-topic, the subtopic is listed under the main topic. (i.e. Establishment Clause is listed under F as a sub-topic of First Amendment, rather than E) Hopefully, this will serve the needs of people looking for case law relating to a certain topic. E Ex Post Facto Clause * ''Calder v. Bull'', 3 U.S. 386 (1798) F Fourth Amendment * Search and Seizure Clause ** '' Ex Parte Bollman'', 8 U.S. 75 (1807) H Habeas corpus * '' Ex Parte Bollman'', 8 U.S. 75 (1807) J Judicial Review * ''Hylton v. United States'', 3 U.S. 171 (1796) * ''Marbury v. Madison'', 5 U.S. 137 (1803) Jurisdiction * Federal Question ** ''State vs. Citizens of another State'' *** ''Chisholm v. Georgia'', 2 U.S. 419 (1793) S Sovereign ...
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United States 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 C ...
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Hylton V
Hilton or Hylton may refer to: Companies * Hilton Worldwide Holdings, Inc., a global hospitality company based in the United States that owns several hotel chains and subsidiary companies containing the Hilton name ** Hilton Hotels & Resorts, flagship hotel brand operated under Hilton Worldwide Holdings, Inc. * Conrad N. Hilton Foundation, an American non-profit charitable foundation, established in 1944 by hotel entrepreneur Conrad N. Hilton * Ladbrokes, a British-based gambling company, known as Hilton Group plc from May 1999 to February 2006 Places Australia * ''Hilton'', Chatswood, a heritage-listed house in the Sydney suburb of Chatswood * Hilton, South Australia, a suburb of Adelaide * Hilton, Western Australia, a suburb of Perth Canada * Hilton, Ontario, a township * Hilton Beach, a small village surrounded by the township in Ontario * Hilton Falls Conservation Area, located in Campbellville, Ontario Norway * Hilton, a farm near Kløfta, Ullensaker, known as the birth ...
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Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the s ...
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Sovereign Immunity
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger rule as regards foreign courts is named state immunity. History Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another. In constitutional monarchies, the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was commonly expressed by the popular legal maxim ''rex non potest peccare'', meaning "the king can do no wrong". Forms There are two forms of sovereign immunity: * immunity from suit ( ...
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Chisholm V
Chisholm, Chisholme or Chisolm may refer to: Places Australia * Chisholm, Australian Capital Territory, Canberra * Chisholm, New South Wales, a suburb of Maitland, New South Wales * Division of Chisholm, an electoral district in the Australian House of Representatives in Victoria Canada * Chisholm, Alberta * Chisholm, Ontario United States * Chisholm, Maine * Chisholm, Minnesota * Chisholm, Texas * Chisholm Creek (Kansas), a stream in Kansas * Chisholm Spring, Oklahoma * Chisholm Trail, Texas Saudi Arabia * (27°56'45.5"N 34°30'10.2"E), a cape of Tiran Island Schools * Caroline Chisholm School – Senior Campus, formerly Caroline Chisholm High School, in Australia * Chisholm Institute, a Technical and Further Education (TAFE) Institute located throughout Victoria, Australia People * Chisholm (surname), includes Chisholme, Chisolm and Chisum * Clan Chisholm, a Scottish clan Other uses * ''Chisholm v. Georgia ''Chisholm v. Georgia'', 2 U.S. (2 Dall.) 419 (1793), ...
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Federal Question Jurisdiction
In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. The federal question jurisdiction statute is codified at . Statute Overview Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear that it would make the courts too powerful. The Federalists briefly created such jurisdiction in the Judiciary Act of 1801, but it was repealed the following year, and not restored until 1875. Unlike diversity jurisdic ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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Marbury V
Marbury may refer to: Places *Marbury, Cheshire, United Kingdom *Marbury, Alabama, United States *Marbury, Maryland, United States Other *Marbury (surname) *Justice Marbury (other) *Marbury Hall (other) Marbury Hall may refer to: * Marbury Hall, Anderton with Marbury Marbury Hall was a country house in Marbury, near Northwich, Cheshire, England. Several houses existed on the site from the 13th century, which formed the seat successively of ... * Marbury School (other) * {{disambig, geo, surname ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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Establishment Clause
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is: The Establishment Clause acts as a double security, prohibiting both religious abuse of government and political control of religion. Under it the federal government of the United States as well as the governments of all U.S. states and U.S. territories are prohibited from establishing or sponsoring religion. The clause was based on a number of precedents, including the Constitutions of Clarendon, the Bill of Rights 1689, and the Pennsylvania and New Jersey colonial constitutions. An initial draft by John Dickinson was prepared in conjunction with his drafting the Articles of Confederation. In 1789, then-congressman James Madison prepared another draft which, following discussion and debate in the First Congress, would become part ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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