Time Immemorial
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Time Immemorial
Time immemorial ( la, Ab immemorabili) is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record". The phrase is used in legally significant contexts as well as in common parlance. In law In law, time immemorial denotes "a period of time beyond which legal memory cannot go," and "time out of mind." Most frequently, the phrase "time immemorial" appears as a legal term of art in judicial discussion of common law development and, in the United States, the property rights of Native Americans. English and American Common Law "Time immemorial" is frequently used to describe the time required for a custom to mature into common law.Kunal M. Parker"Law "In" and "As" History: The Common Law in the American Polity, 1790-1900" 1 UC Irvine L. Rev. 587, 594-600 (2011). Common law is a body of law identified by judges in judicial proceedings, rather than created by the legislature.James Apple,A Primer on ...
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Memory
Memory is the faculty of the mind by which data or information is encoded, stored, and retrieved when needed. It is the retention of information over time for the purpose of influencing future action. If past events could not be remembered, it would be impossible for language, relationships, or personal identity to develop. Memory loss is usually described as forgetfulness or amnesia. Memory is often understood as an informational processing system with explicit and implicit functioning that is made up of a sensory processor, short-term (or working) memory, and long-term memory. This can be related to the neuron. The sensory processor allows information from the outside world to be sensed in the form of chemical and physical stimuli and attended to various levels of focus and intent. Working memory serves as an encoding and retrieval processor. Information in the form of stimuli is encoded in accordance with explicit or implicit functions by the working memory processor. ...
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List Of United States Supreme Court Cases, Volume 207
This is a list of cases reported in volume 207 of ''United States Reports'', decided by the Supreme Court of the United States in 1907 and 1908. Justices of the Supreme Court at the time of volume 207 U.S. The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice). When the cases in volume 207 were decided the Court comprised the following nine members: Citation style Under the Judiciary Act of 1789 the federal court structure at the ...
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Uradel
(, German: "ancient nobility"; adjective or ) is a genealogical term introduced in late 18th-century Germany to distinguish those families whose noble rank can be traced to the 14th century or earlier. The word stands opposed to ''Briefadel'', a term used for titles of nobility created in the early modern period or modern history by letters patent. Since the earliest known such letters were issued in the 14th century, those knightly families in northern European nobility whose noble rank predates these are designated . and families are generally further divided into categories with their ranks of titles: ''adlig'' (untitled nobility), ''freiherrlich'' (baronial), '' gräflich'' (comital), ''fürstlich'' (princely) and ''herzoglich'' (ducal) houses. The latter two are also referred to as ''Hochadel'' (High Nobility). Introduction and usage The first use of the word to designate the oldest nobility dates from 1788 and it had assumed its present-day meaning by no later than 18 ...
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Prehistory
Prehistory, also known as pre-literary history, is the period of human history between the use of the first stone tools by hominins 3.3 million years ago and the beginning of recorded history with the invention of writing systems. The use of symbols, marks, and images appears very early among humans, but the earliest known writing systems appeared 5000 years ago. It took thousands of years for writing systems to be widely adopted, with writing spreading to almost all cultures by the 19th century. The end of prehistory therefore came at very different times in different places, and the term is less often used in discussing societies where prehistory ended relatively recently. In the early Bronze Age, Sumer in Mesopotamia, the Indus Valley Civilisation, and ancient Egypt were the first civilizations to develop their own scripts and to keep historical records, with their neighbors following. Most other civilizations reached the end of prehistory during the following Iron Age. T ...
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Legal Fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the "reasonable man". This is known as the "objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in ''DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until th ...
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Dreamtime
The Dreaming, also referred to as Dreamtime, is a term devised by early anthropologists to refer to a religio-cultural worldview attributed to Australian Aboriginal mythology, Australian Aboriginal beliefs. It was originally used by Francis James Gillen, Francis Gillen, quickly adopted by his colleague Walter Baldwin Spencer, Baldwin Spencer and thereafter popularised by A. P. Elkin, who, however, later revised his views. The Dreaming is used to represent Aboriginal concepts of ''Everywhen'', during which the land was inhabited by ancestral figures, often of heroic proportions or with supernatural abilities. These figures were often distinct from gods, as they did not control the material world and were not worshipped but only reverence (emotion), revered. The concept of the Dreamtime has subsequently become widely adopted beyond its original Australian context and is now part of global popular culture. The term is based on a rendition of the Arandic languages, Arandic word '' ...
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Acquiescence
In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of their rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement. The doctrine infers a form of " permission" that results from silence or passiveness over an extended period of time. Overview Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case law. One common context in which acquiescence is raised is when there is a dispute or disagreement over the location of a property line, followed by an extended period of time during which the parties respect a property line. Even if it is later discovered that the actual property line was in a different location, t ...
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United States Court Of Federal Claims
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the United States Court of Claims, which was established in 1855. The courthouse of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (on Madison Place across from the White House) in Washington, D.C. History Court of Claims (1855–1982) The court traces its origins directly back to 1855, when Congress established the United States Court of Claims to provide for the determination of private claims against the United States government. The legislation was signed into law on February 24, 1855, by President Franklin Pierce. Throughout its 160-year history, although it has undergone notable changes in name, size, ...
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Oral Tradition
Oral tradition, or oral lore, is a form of human communication wherein knowledge, art, ideas and cultural material is received, preserved, and transmitted orally from one generation to another. Vansina, Jan: ''Oral Tradition as History'' (1985), reported statements from present generation which "specifies that the message must be oral statements spoken, sung or called out on musical instruments only"; "There must be transmission by word of mouth over at least a generation". He points out, "Our definition is a working definition for the use of historians. Sociologists, linguists or scholars of the verbal arts propose their own, which in, e.g., sociology, stresses common knowledge. In linguistics, features that distinguish the language from common dialogue (linguists), and in the verbal arts features of form and content that define art (folklorists)."Ki-Zerbo, Joseph: "Methodology and African Prehistory", 1990, ''UNESCO International Scientific Committee for the Drafting of a Gene ...
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Federal Reporter/Third Series/Volume 89
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states *Federal republic, a federation which is a republic *Federalism, a political philosophy *Federalist, a political belief or member of a political grouping *Federalization, implementation of federalism Particular governments *Federal government of the United States **United States federal law **United States federal courts *Government of Argentina *Government of Australia *Government of Pakistan *Federal government of Brazil *Government of Canada *Government of India *Federal government of Mexico * Federal government of Nigeria *Government of Russia *Government of South Africa *Government of Philippines Other *''The Federalist Papers'', critical early arguments in fa ...
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Aboriginal Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internation ...
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Klamath Tribes
The Klamath Tribes, formerly the Klamath Indian Tribe of Oregon, are a federally recognized Native American Nation consisting of three Native American tribes who traditionally inhabited Southern Oregon and Northern California in the United States: the Klamath, Modoc, and Yahooskin. The tribal government is based in Chiloquin, Oregon. History Klamaths traditionally (and to this day) believe everything anyone needed to live was provided by the Creator in their rich land east of the Cascades. They saw success as a reward for virtuous striving and likewise as an assignment of spiritual favor; thus, elders counseled, "Work hard so that people will respect you." For thousands of years, the Klamath people survived by their industriousness. When the months of long winter nights were upon them, they survived on prudent reserves from the abundant seasons. Toward the end of March, when supplies dwindled, large fish surged up the Williamson, Sprague, and Lost River. On the Sprague R ...
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