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Georgia V. Brailsford (1794)
''Georgia v. Brailsford'', 3 U.S. (3 Dall.) 1 (1794), was an early United States Supreme Court case holding that debts sequestered but not declared forfeit by states during the American Revolution could be recovered by bondholders.''Georgia v. Brailsford'', . It is the only reported jury trial in the history of the Supreme Court. Background During the American Revolution, the state of Georgia passed a law that sequestered debts owed to British creditors. The Treaty of Paris between the United States and Great Britain asserted the validity of debts held by creditors on both sides. Samuel Brailsford, a British subject and holder of such a debt, attempted to recover from Georgia resident James Spalding. The case was filed directly in the United States Supreme Court, rather than in a lower court, under its constitutionally defined original jurisdiction. Georgia intervened in the Supreme Court, claiming that the debt was owed instead to the state. Brailsford was joined by Messrs. Hopt ...
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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 ''Alakasand ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European civil law or Islamic sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia have phased these out. The modern criminal court jury arrangement has evolved out of the med ...
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Legal History Of Georgia (U
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between Jurisdiction ...
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1794 In United States Case Law
Events January–March * January 1 – The Stibo Group is founded by Niels Lund as a printing company in Aarhus (Denmark). * January 13 – The U.S. Congress enacts a law providing for, effective May 1, 1795, a United States flag of 15 stars and 15 stripes, in recognition of the recent admission of Vermont and Kentucky as the 14th and 15th states. A subsequent act restores the number of stripes to 13, but provides for additional stars upon the admission of each additional state. * January 21 – King George III of Great Britain delivers the speech opening Parliament and recommends a continuation of Britain's war with France. * February 4 – French Revolution: The National Convention of the French First Republic abolishes slavery. * February 8 – Wreck of the Ten Sail on Grand Cayman. * February 11 – The first session of the United States Senate is open to the public. * March 4 – The Eleventh Amendment to the United States Constit ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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Jury Nullification In The United States
In the United States, jury nullification occurs when a jury in a criminal case reaches a verdict contrary to the weight of evidence, sometimes because of a disagreement with the relevant law. It has its origins in colonial America under British law. The American jury draws its power of nullification from its right to render a general verdict in criminal trials, the inability of criminal courts to direct a verdict no matter how strong the evidence, the Fifth Amendment's Double Jeopardy Clause, which prohibits the appeal of an acquittal, and the fact that jurors cannot be punished for the verdict they return. In practice The tradition of jury nullification in the United States has its roots in the British legal system, specifically in a 1670 English case where Quakers were acquitted by a jury of violating a law that permitted religious assemblies only under the Church of England. In 1735, journalist John Peter Zenger was acquitted in New York by a jury that nullified a law making i ...
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Special Jury
A special jury, which is a jury selected from a special roll of persons with a restrictive qualification, could be used for civil or criminal cases, although in criminal cases only for misdemeanours such as seditious libel. The party opting for a special jury was charged a fee, which was 12 guineas just prior to abolition in England. The qualifications to be a special juror in England were governed by the Juries Act 1870, and the main difference between the special jury and a common jury under that Act was merely a matter of wealth; indeed, it was little more than a question of whether a person lived in a larger house, because it was mainly a question of the rateable value of the house. A householder rated at £100 in a large town, or £50 in a small town, was qualified to be a special juror, while a householder rated at £30 in London and Middlesex, and £20 elsewhere, was qualified to be a common juror. There were various other qualifications for a special juror, such as if a man ...
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Stanford Law School
Stanford Law School (Stanford Law or SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, it is regarded as one of the most prestigious law schools in the world. Stanford Law has regularly ranked among the top three law schools in the United States by '' U.S. News & World Report'' since the magazine first published law school rankings in the 1980s, and has ranked second for most of the past decade. In 2021, Stanford Law had an acceptance rate of 6.28%, the second-lowest of any law school in the country. Since 2019, Jennifer Martínez has served as its dean. Stanford Law School employs more than 90 full-time and part-time faculty members and enrolls over 550 students who are working toward their Doctor of Jurisprudence (J.D.) degree. Stanford Law also confers four advanced legal degrees: a Master of Laws (LL.M.), a Master of Studies in Law (M.S.L.), a Master of the Science of Law (J.S.M.), and a Doctor o ...
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Benjamin Robbins Curtis
Benjamin Robbins Curtis (November 4, 1809 – September 15, 1874) was an American lawyer and judge. He served as an associate justice of the United States Supreme Court from 1851 to 1857. Curtis was the first and only Whig justice of the Supreme Court, and was also the first Supreme Court justice to have a formal law degree. He is often remembered as one of the two dissenters in ''Dred Scott v. Sandford'' (1857). Curtis resigned from the Supreme Court in 1857 to return to private legal practice in Boston, Massachusetts. In 1868, Curtis was President Andrew Johnson's defense lawyer during Johnson's impeachment trial. Early life and education Curtis was born November 4, 1809, in Watertown, Massachusetts, the son of Lois Robbins and Benjamin Curtis, the captain of a merchant vessel. Young Curtis attended common school in Newton and beginning in 1825 Harvard College, where he won an essay writing contest in his junior year. At Harvard, he became a member of the Porcel ...
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Jury Nullification
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: # Jurors cannot be punished for passing an incorrect verdict. # A defendant who is acquitted can, in many jurisdictions, not be tried a second time for the same offence. A jury verdict that is contrar ...
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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 ...
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