General Warrant
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General Warrant
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". Most often, a writ of assistance is "used to enforce an order for the possession of lands". When used to evict someone from real property, such a writ is also called a ''writ of restitution'' or a ''writ of possession''. In the area of customs, writs of assistance were a product of enactments of the British Parliament beginning with the Customs Act of 1660 (12 Charles II c.11, sec. 1) though the first mention of the phrase was in the follow-up Customs Act of 1662 (14 Charles II, c.11, sec.4). The writs of assistance were issued by the Court of Exchequer to help customs officials search for smuggled goods. These writs were called "writs of assistance" because they called upon sheriffs, other officials, and loyal subjects to "assist" th ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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James Otis Jr
James Otis Jr. (February 5, 1725 – May 23, 1783) was an American lawyer, political activist, colonial legislator, and early supporter of patriotic causes in Massachusetts at the beginning of the Revolutionary Era. Otis was a fervent opponent of the writs of assistance imposed by Great Britain on the American colonies in the early 1760s that allowed law enforcement officials to search property without cause. He later expanded his criticism of British authority to include tax measures that were being enacted by Parliament. As a result, Otis is often incorrectly credited with coining the slogan "taxation without representation is tyranny". Otis was a mentor to Samuel Adams, and his oratorical style inspired a young John Adams. Due to his early influence in events leading up to the Revolution, Otis was recognized by some as a Founding Father. However, Otis was plagued by mental illness and alcoholism, and by the early 1770s, his erratic behavior had rendered him inconsequenti ...
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Incorporation (Bill Of Rights)
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870. Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in ''Barron v. Baltimor ...
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Maryland V
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to its east. Baltimore is the largest city in the state, and the capital is Annapolis. Among its occasional nicknames are '' Old Line State'', the ''Free State'', and the ''Chesapeake Bay State''. It is named after Henrietta Maria, the French-born queen of England, Scotland, and Ireland, who was known then in England as Mary. Before its coastline was explored by Europeans in the 16th century, Maryland was inhabited by several groups of Native Americans – mostly by Algonquian peoples and, to a lesser degree, Iroquoian and Siouan. As one of the original Thirteen Colonies of England, Maryland was founded by George Calvert, 1st Baron Baltimore, a Catholic convert"George Calvert and Cecilius Calvert, Barons Baltimore" William Hand Browne, Nabu Pre ...
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Term Of Art
Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particular occupation (that is, a certain trade, profession, vernacular or academic field), but any ingroup can have jargon. The main trait that distinguishes jargon from the rest of a language is special vocabulary—including some words specific to it and often different senses or meanings of words, that outgroups would tend to take in another sense—therefore misunderstanding that communication attempt. Jargon is sometimes understood as a form of technical slang and then distinguished from the official terminology used in a particular field of activity. The terms ''jargon'', ''slang,'' and ''argot'' are not consistently differentiated in the literature; different authors interpret these concepts in varying ways. According to one definition, j ...
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Townshend Acts
The Townshend Acts () or Townshend Duties, were a series of British acts of Parliament passed during 1767 and 1768 introducing a series of taxes and regulations to fund administration of the British colonies in America. They are named after the Chancellor of the Exchequer who proposed the program. Historians vary slightly as to which acts they include under the heading "Townshend Acts", but five are often listed: * The New York Restraining Act 1767 passed on 5 June 1767. * The Revenue Act 1767 passed on 26 June 1767. * The Indemnity Act 1767 passed on 29 June 1767. * The Commissioners of Customs Act 1767 passed on 29 June 1767. * The Vice Admiralty Court Act 1768 passed on 6 July 1768. The purposes of the acts were to: * raise revenue in the colonies to pay the salaries of governors and judges so that they would remain loyal to Great Britain. * create more effective means of enforcing compliance with trade regulations. * punish the Province of New York for failing to compl ...
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John Hancock
John Hancock ( – October 8, 1793) was an American Founding Father, merchant, statesman, and prominent Patriot of the American Revolution. He served as president of the Second Continental Congress and was the first and third Governor of the Commonwealth of Massachusetts. He is remembered for his large and stylish signature on the United States Declaration of Independence, so much so that the term ''John Hancock'' or ''Hancock'' has become a nickname in the United States for one's signature. He also signed the Articles of Confederation, and used his influence to ensure that Massachusetts ratified the United States Constitution in 1788. Before the American Revolution, Hancock was one of the wealthiest men in the Thirteen Colonies, having inherited a profitable mercantile business from his uncle. He began his political career in Boston as a protégé of Samuel Adams, an influential local politician, though the two men later became estranged. Hancock used his wealth to support t ...
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Sir Francis Bernard, 1st Baronet
Sir Francis Bernard, 1st Baronet (bapt. 12 July 1712 – 16 June 1779) was a British colonial administrator who served as governor of the provinces of New Jersey and Massachusetts Bay. His uncompromising policies and harsh tactics in Massachusetts angered the colonists and were instrumental in the building of broad-based opposition within the province to the rule of Parliament in the events leading to the American Revolution. Appointed governor of New Jersey in 1758, he oversaw the province's participation in the later years of the French and Indian War, and had a generally positive relationship with its legislature. In 1760 he was given the governorship of Massachusetts, where he had a stormy relationship with the assembly. Early actions turned the colony's populists against him, and his responses to protests against Parliament's attempts to tax the colonies deepened divisions. After protests against the Townshend Acts in 1768, Bernard sought British Army troops be stationed ...
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Patriot (American Revolution)
Patriots, also known as Revolutionaries, Continentals, Rebels, or American Whigs, were the colonists of the Thirteen Colonies who rejected British rule during the American Revolution, and declared the United States of America an independent nation in July 1776. Their decision was based on the political philosophy of republicanism—as expressed by such spokesmen as Thomas Jefferson, John Adams, and Thomas Paine. They were opposed by the Loyalists, who supported continued British rule. Patriots represented the spectrum of social, economic, and ethnic backgrounds. They included lawyers such as John Adams, students such as Alexander Hamilton, planters such as Thomas Jefferson and George Mason, merchants such as Alexander McDougall and John Hancock, and farmers such as Daniel Shays and Joseph Plumb Martin. They also included slaves and freemen such as Crispus Attucks, one of the first casualties of the American Revolution; James Armistead Lafayette, who served as a double agent ...
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Loyalist (American Revolution)
Loyalists were colonists in the Thirteen Colonies who remained loyal to the British Crown during the American Revolutionary War, often referred to as Tories, Royalists or King's Men at the time. They were opposed by the Patriots, who supported the revolution, and called them "persons inimical to the liberties of America." Prominent Loyalists repeatedly assured the British government that many thousands of them would spring to arms and fight for the crown. The British government acted in expectation of that, especially in the southern campaigns in 1780–81. Britain was able to effectively protect the people only in areas where they had military control, and in return, the number of military Loyalists was significantly lower than what had been expected. Due to the conflicting political views, loyalists were often under suspicion of those in the British military, who did not know whom they could fully trust in such a conflicted situation; they were often looked down upon. Pat ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the pe ...
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