West V. Barnes
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West V. Barnes
''West v. Barnes''2 U.S. (2 Dall.) 401 (1791) was the first United States Supreme Court decision and the earliest case calling for oral argument. '' Van Staphorst v. Maryland'' (1791) was docketed prior to ''West v. Barnes'' but settled before the Court heard the case: ''West'' was argued on August 2 and decided on August 3, 1791. '' Collet v. Collet'' (1792) was the first appellate case docketed with the Court but was dropped before it could be heard. Supreme Court Reporter Alexander Dallas did not publish the justices' full opinions in ''West v. Barnes'', which were published in various newspapers around the country at the time, but he published an abbreviated summary of the decision. The Court ultimately decided the case on procedural grounds, holding that a writ of error (an appeal) must be issued within ten days by the Clerk of the Supreme Court of the United States as required by federal statute, and not by a lower court located closer to the plaintiff in Rhode Island. As ...
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Alexander J
Alexander is a male given name. The most prominent bearer of the name is Alexander the Great, the king of the Ancient Greek kingdom of Macedonia who created one of the largest empires in ancient history. Variants listed here are Aleksandar, Aleksander and Aleksandr. Related names and diminutives include Iskandar, Alec, Alek, Alex, Alexandre, Aleks, Aleksa and Sander; feminine forms include Alexandra, Alexandria, and Sasha. Etymology The name ''Alexander'' originates from the (; 'defending men' or 'protector of men'). It is a compound of the verb (; 'to ward off, avert, defend') and the noun (, genitive: , ; meaning 'man'). It is an example of the widespread motif of Greek names expressing "battle-prowess", in this case the ability to withstand or push back an enemy battle line. The earliest attested form of the name, is the Mycenaean Greek feminine anthroponym , , (/Alexandra/), written in the Linear B syllabic script. Alaksandu, alternatively called ''Alakasandu'' or ...
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Lottery
A lottery is a form of gambling that involves the drawing of numbers at random for a prize. Some governments outlaw lotteries, while others endorse it to the extent of organizing a national or state lottery. It is common to find some degree of regulation of lottery by governments. The most common regulation is prohibition of sale to minors, and vendors must be licensed to sell lottery tickets. Although lotteries were common in the United States and some other countries during the 19th century, by the beginning of the 20th century, most forms of gambling, including lotteries and sweepstakes, were illegal in the U.S. and most of Europe as well as many other countries. This remained so until well after World War II. In the 1960s, casinos and lotteries began to re-appear throughout the world as a means for governments to raise revenue without raising taxes. Lotteries come in many formats. For example, the prize can be a fixed amount of cash or goods. In this format, there is risk t ...
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Reporter Of Decisions Of The Supreme Court Of The United States
The reporter of decisions of the Supreme Court of the United States is the official charged with editing and publishing the opinions of the Supreme Court of the United States, both when announced and when they are published in permanent bound volumes of the ''United States Reports.'' The reporter is responsible for only the contents of the ''United States Reports'' issued by the Government Printing Office, first in preliminary prints and later in the final bound volumes. The reporter is not responsible for the editorial content of unofficial reports of the court's decisions, such as the privately published ''Supreme Court Reporter'' and '' Lawyers' Edition''. By federal statute, the reporter is appointed by the Supreme Court. The office is currently held by Rebecca Anne Womeldorf. History The first two reporters acted in an unofficial capacity. Only in 1817 did Congress create the statutory office of reporter, with a $1,000 a year salary. The early reporters profited from selling ...
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Blackstone's Commentaries
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and because they met a need. The ''Commentaries'' are often quoted as the definitive ...
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Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ...
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English Case Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law orig ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Seriatim Opinion
In law, ''seriatim'' (Latin for "in series") indicates that a court is addressing multiple issues in a certain order, such as the order in which the issues were originally presented to the court. Legal usage A seriatim opinion is an opinion delivered by a court with multiple judges, in which each judge reads his or her own opinion rather than a single judge writing an opinion on behalf of the entire court. Traditionally, judges read in order of reverse seniority, with the most junior judge speaking first. In the United States, this practice was discontinued in favour of majority opinions contra the British tradition of separate opinions. In the United Kingdom Most frequently used in modern times (when used at all) pleadings as a shorthand for "one by one in sequence". For example, in English civil cases, defence statements generally used to conclude with the phrase "save as expressly admitted herein, each allegation of the plaintiffs is denied as if set out in full and trav ...
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William Bradford (1755-1795)
William Bradford (September 14, 1755 – August 23, 1795) was a lawyer and judge from Philadelphia, Pennsylvania, and the second United States Attorney General in 1794–1795. He was the son of the printer William Bradford and was born in Philadelphia. He began his education at the Academy of Philadelphia, then attended Princeton University, where he formed a lifelong friendship with Virginian James Madison, before graduating in 1772. When he returned to Philadelphia he read law with Edward Shippen. His progress was delayed by the American Revolutionary War. In 1776, when the Pennsylvania militia was called out, William volunteered as a private. Later that year, the militia was organized into a "flying camp" with Daniel Roberdeau as the first brigadier general in the states forces. General Roberdeau chose the young man as an aide, and later promoted him to brigade major on his headquarters staff. When his militia term expired, he joined the Continental Army as a captain and co ...
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Henry Marchant
Henry Marchant (April 9, 1741 – August 30, 1796) was a Founding Father of the United States, an attorney general of Rhode Island, a delegate to the Second Continental Congress from Rhode Island, a signer of the Articles of Confederation, and the first United States district judge of the United States District Court for the District of Rhode Island. Education and career Born on April 9, 1741, in Martha's Vineyard, Province of Massachusetts Bay, British America, Marchant received an Artium Magister degree in 1762 from the College of Philadelphia (now the University of Pennsylvania) and read law in 1776.FJC Bio indicates he read law in 1776, while his Congressional Biography indicates he was admitted to the bar in 1767. He entered private practice in Newport from 1767 to 1777. He was attorney general of Rhode Island from 1771 to 1777. He was a delegate to the Second Continental Congress from 1777 to 1779. He was one of the signers of the Articles of Confederation. He resumed priv ...
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William Cushing
William Cushing (March 1, 1732 – September 13, 1810) was one of the original five associate justices of the United States Supreme Court; confirmed by the United States Senate on September 26, 1789, he served until his death. His Supreme Court tenure of 20 years and 11 months was the longest among the Court's inaugural members. In January 1796, he was nominated by President George Washington to become the Court's Chief Justice; though confirmed, he declined the appointment. He was the last judge in the United States to wear a full wig (Court dress). Early life and education Cushing was born in Scituate, Massachusetts Bay, on March 1, 1732. The Cushing family had a long history in the area, settling Hingham in 1638. Cushing's father John Cushing (1695–1778) was a provincial magistrate who in 1747 became an associate justice of the Superior Court of Judicature, the province's high court. William Cushing's grandfather John Cushing (1662–1737/38) was also a superior court ju ...
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John Jay
John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the first chief justice of the United States. He directed U.S. foreign policy for much of the 1780s and was an important leader of the Federalist Party after the ratification of the United States Constitution in 1788. Jay was born into a wealthy family of merchants and New York City government officials of French Huguenot and Dutch descent. He became a lawyer and joined the New York Committee of Correspondence, organizing American opposition to British policies such as the Intolerable Acts in the leadup to the American Revolution. Jay was elected to the First Continental Congress, where he signed the Continental Association, and to the Second Continental Congress, where he served as its president. From 1779 to 1782, Jay served as the ambassador ...
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