Certificate Of Division
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Certificate Of Division
A certificate of division was a source of appellate jurisdiction from the circuit courts to the Supreme Court of the United States from 1802 to 1911. Created by the Judiciary Act of 1802, the certification procedure was available only where the circuit court sat with a full panel of two: both the resident district judge and the circuit-riding Supreme Court justice. As Chief Justice John Marshall wrote, he did not have "the privilege of dividing the court when alone."Letter from John Marshall to Joseph Story (July 13, 1819), in 8 The Papers of John Marshall 352, 352 (Charles F. Hobson ed., 1995). The certificate of division procedure had unique features. Unlike writ of error and certiorari jurisdiction, the certificate of division procedure did not require a federal question. In criminal cases, the certificate of division was the only source of appellate jurisdiction from the circuit courts (save original habeas) until 1889.Nielson, 2010, at 485. In civil cases, although ordinary ...
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John Marshall By Henry Inman, 1832
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope Joh ...
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Judiciary Act Of 1789
The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. The existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalists had denounced the judicial power as a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the fourth through the eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged th ...
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Joseph Story
Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer presents Story as a "Statesman of the Old Republic" who tri ...
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Judiciary Act Of 1869
The Judiciary Act of 1869 (41st Congress, Sess. 1, ch. 22, , enacted April 10, 1869), formally An Act to amend the Judicial System of the United States and sometimes called the Circuit Judges Act of 1869, provided that the Supreme Court of the United States would consist of the chief justice of the United States and eight associate justices, established separate judgeships for the U.S. circuit courts, and for the first time included a provision allowing federal judges to retire without losing their salary. This is the most recent legislation altering the size of the Supreme Court. The Act was signed by President Ulysses S. Grant. Impact Supreme Court size There were eight justices serving on the Supreme Court at the time the Act was enacted. The Judicial Circuits Act of 1866 had provided that the Court be reduced in size from ten to seven justices, but the reduction was to occur only as seats were vacated. Only one seat was vacated between the 1866 and 1869 Acts (this was in addit ...
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A Study In The Federal Judicial System
A, or a, is the first letter and the first vowel of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''a'' (pronounced ), plural ''aes''. It is similar in shape to the Ancient Greek letter alpha, from which it derives. The uppercase version consists of the two slanting sides of a triangle, crossed in the middle by a horizontal bar. The lowercase version can be written in two forms: the double-storey a and single-storey ɑ. The latter is commonly used in handwriting and fonts based on it, especially fonts intended to be read by children, and is also found in italic type. In English grammar, " a", and its variant " an", are indefinite articles. History The earliest certain ancestor of "A" is aleph (also written 'aleph), the first letter of the Phoenician alphabet, which consisted entirely of consonants (for that reason, it is also called an abjad to distinguish it fro ...
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James M
James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (other), various kings named James * Saint James (other) * James (musician) * James, brother of Jesus Places Canada * James Bay, a large body of water * James, Ontario United Kingdom * James College, a college of the University of York United States * James, Georgia, an unincorporated community * James, Iowa, an unincorporated community * James City, North Carolina * James City County, Virginia ** James City (Virginia Company) ** James City Shire * James City, Pennsylvania * St. James City, Florida Arts, entertainment, and media * ''James'' (2005 film), a Bollywood film * ''James'' (2008 film), an Irish short film * ''James'' (2022 film), an Indian Kannada-language film * James the Red Engine, a character in ''Thomas the Tank En ...
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Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicial restraint in its judgements. Frankfurter was born in Vienna, immigrating to New York City at the age of 12. After graduating from Harvard Law School, Frankfurter worked for Henry L. Stimson, the U.S. Secretary of War. During World War I, Frankfurter served as Judge Advocate General. After the war, he helped found the American Civil Liberties Union and returned to his position as a professor at Harvard Law School. He became a friend and adviser of President Franklin D. Roosevelt, who appointed him to fill the Supreme Court vacancy caused by the death of Benjamin N. Cardozo. Although Frankfurter's personal political views were strongly liberal, his experience with the Supreme Court's ''Lochner ''era in which conservative justices stru ...
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Crimes Act Of 1790
The Crimes Act of 1790 (or the Federal Criminal Code of 1790), formally titled ''An Act for the Punishment of Certain Crimes Against the United States'', defined some of the first federal crimes in the United States and expanded on the criminal procedure provisions of the Judiciary Act of 1789.Taylor, 2010, at 889. The Crimes Act was a "comprehensive statute defining an impressive variety of federal crimes".Currie, 1994, at 828. As an enactment of the First Congress, the Crimes Act is often regarded as a quasi-constitutional text. The punishment of treason, piracy, counterfeiting, as well as crimes committed on the high seas or against the law of nations, followed from relatively explicit constitutional authority. The creation of crimes within areas under exclusive federal jurisdiction followed from the plenary power of Congress over the " Seat of the Government", federal enclaves, and federal territories. The creation of crimes involving the integrity of the judicial proces ...
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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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United States Department Of The Treasury
The Department of the Treasury (USDT) is the national treasury and finance department of the federal government of the United States, where it serves as an executive department. The department oversees the Bureau of Engraving and Printing and the U.S. Mint. These two agencies are responsible for printing all paper currency and coins, while the treasury executes its circulation in the domestic fiscal system. The USDT collects all federal taxes through the Internal Revenue Service; manages U.S. government debt instruments; licenses and supervises banks and thrift institutions; and advises the legislative and executive branches on matters of fiscal policy. The department is administered by the secretary of the treasury, who is a member of the Cabinet. The treasurer of the United States has limited statutory duties, but advises the Secretary on various matters such as coinage and currency production. Signatures of both officials appear on all Federal Reserve notes. The depart ...
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Tench Coxe
Tench Coxe (May 22, 1755July 17, 1824) was an American political economist and a delegate for Pennsylvania to the Continental Congress in 1788–1789. He wrote under the pseudonym "A Pennsylvanian," and was known to his political enemies as "Mr. Facing Bothways." Biography Coxe was born in Philadelphia, Pennsylvania on May 22, 1755. His mother was a daughter of Tench Francis Sr. His father came of a family well known in American affairs. His great-grandfather was the governor of West Jersey, Dr. Daniel Coxe. Tench received his education in the Philadelphia schools and intended to study law, but his father determined to make him a merchant, and he was placed in the counting-house of Coxe & Furman, becoming a partner at the age of twenty-one. After Patriots took power, Coxe left Philadelphia for a few months, only to return when British General Howe occupied the city in September 1777. Coxe remained in Philadelphia after the British departed in 1778, and some Patriots accuse ...
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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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