United States V. More
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United States V. More
''United States v. More'', 7 U.S. (3 Cranch) 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, ''More'' held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction. The second of forty-one criminal cases heard by the Marshall Court, ''More'' ensured that the Court's criminal jurisprudence would be limited to writs of error from the state (and later, territorial) courts, original habeas petitions and writs of error from habeas petitions in the circuit courts, and certificates of division and mandamus from the circuit courts. Congress did not grant the Court jurisdiction to hear writs of error from the circuit courts in criminal cases until 1889, for capital crimes, and 1891, for other "infamous" crime ...
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William Cranch
William Cranch (July 17, 1769 – September 1, 1855) was a United States federal judge, United States circuit judge and chief judge of the United States Circuit Court of the District of Columbia. A staunch Federalist Party, Federalist and nephew of President John Adams, Cranch moved his legal practice from Massachusetts to the new national capital, where he became one of three city land commissioners for Washington, D.C., and during his judicial service also was the 2nd Reporter of Decisions of the Supreme Court of the United States and a Professor of law at Columbian College (which later became George Washington University). Early life and education Cranch was born on July 17, 1769, in Weymouth, Massachusetts to Mary (Smith), the sister of Abigail Adams and her husband Richard Cranch, who had emigrated from Devonshire when he was twenty years old. His father, although educated as a watchmaker, became the town's postmaster and an ardent patriot during the American Revolutionary ...
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Federalist Party
The Federalist Party was a Conservatism in the United States, conservative political party which was the first political party in the United States. As such, under Alexander Hamilton, it dominated the national government from 1789 to 1801. Defeated by the Jeffersonian Republicans in 1800, it became a minority party while keeping its stronghold in New England and made a brief resurgence by opposing the War of 1812. It then collapsed with its last presidential candidate in 1816. Remnants lasted for a few years afterwards. The party appealed to businesses and to conservatives who favored banks, national over state government, manufacturing, an army and navy, and in world affairs preferred Kingdom of Great Britain, Great Britain and strongly opposed the French Revolution. The party favored centralization, Early federalism in the United States, federalism, Modernization theory, modernization, Industrialization in the United States, industrialization and Protectionism in the United S ...
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John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Before Presidency of John Adams, his presidency, he was a leader of the American Revolution that achieved independence from Kingdom of Great Britain, Great Britain, and during the war served as a diplomat in Europe. He was twice elected vice president of the United States, vice president, serving from 1789 to 1797 in a prestigious role with little power. Adams was a dedicated diarist and regularly corresponded with many important contemporaries, including his wife and adviser Abigail Adams as well as his friend and rival Thomas Jefferson. A lawyer and political activist prior to the Revolution, Adams was devoted to the right to counsel and presumption of innocence. He defied anti-British sentiment and successfully defended British soldiers agai ...
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Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 1801 to 1809. He was previously the nation's second vice president of the United States, vice president under John Adams and the first United States Secretary of State, United States secretary of state under George Washington. The principal author of the United States Declaration of Independence, Declaration of Independence, Jefferson was a proponent of democracy, republicanism, and individual rights, motivating Thirteen Colonies, American colonists to break from the Kingdom of Great Britain and form a new nation. He produced formative documents and decisions at state, national, and international levels. During the American Revolution, Jefferson represented Virginia in the Continental Congress that adopted the Declaration of Independence. As ...
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First Party System
The First Party System is a model of American politics used in history and political science to periodize the political party system that existed in the United States between roughly 1792 and 1824. It featured two national parties competing for control of the presidency, Congress, and the states: the Federalist Party, created largely by Alexander Hamilton, and the rival Jeffersonian Democratic-Republican Party, formed by Thomas Jefferson and James Madison, usually called at the time the Republican Party (which is distinct from the modern Republican Party). The Federalists were dominant until 1800, while the Republicans were dominant after 1800. Both parties originated in national politics, but soon expanded their efforts to gain supporters and voters in every state. The Federalists appealed to the business community and the Republicans to the planters and farmers. By 1796, politics in every state was nearly monopolized by the two parties, with party newspapers and caucuses beco ...
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Thomas Jefferson By Rembrandt Peale, 1800
Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (other) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Apostle * Thomas (bishop of the East Angles) (fl. 640s–650s), medieval Bishop of the East Angles * Thomas (Archdeacon of Barnstaple) (fl. 1203), Archdeacon of Barnstaple * Thomas, Count of Perche (1195–1217), Count of Perche * Thomas (bishop of Finland) (1248), first known Bishop of Finland * Thomas, Earl of Mar (1330–1377), 14th-century Earl, Aberdeen, Scotland Geography Places in the United States * Thomas, Illinois * Thomas, Indiana * Thomas, Oklahoma * Thomas, Oregon * Thomas, South Dakota * Thomas, Virginia * Thomas, Washington * Thomas, West Virginia * Thomas County (other) * Thomas Township (other) Elsewhere * Thomas Glacier (Greenland) Arts, entertainment, and media * ''Thomas'' (Burton novel) 1969 novel ...
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Color (law)
In United States law, the term color of law denotes the "mere semblance of legal right," the "pretense or appearance of" right; hence, an action done under color of law adjusts (colors) the law to the circumstance, yet said apparently legal action contravenes the law. Under color of authority is a legal phrase used in North America indicating that a person is claiming or implying the acts they are committing are related to and legitimized by his or her role as an agent of governmental power. Color of law Color of law refers to an appearance of legal power to act that may operate in violation of law. For example, if a police officer acts with the "color of law" authority to arrest someone, the arrest, if it is made without probable cause, may actually be in violation of law. In other words, just because something is done with the "color of law" does not mean that the action was lawful. When police are suspected of acting outside their lawful authority and violating the civil righ ...
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Common Law Offence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law
Parliament of Australia Library
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Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demu ...
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Article Three Of The United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judge ...
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Justice Of The Peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs. History In 1195, Richard I ("the Lionheart") of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King in ensuring that the law was upheld and preserving the " King's peace". Therefore, they were known as "keepers of th ...
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