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Johnson V. McIntosh
''Johnson v. McIntosh'', 21 U.S. (8 Wheat.) 543 (1823), also written ''M‘Intosh'', is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder of a federal land patent. The case is one of the most influential and well-known decisions of the Marshall Court, a fixture of the first-year curriculum in nearly all U.S. law schools. Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is ''dicta''; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the property rights of the Piankeshaw. Thus, all that the o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (law)
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see '' hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a ' complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. Pleading To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to gran ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Colonization Of The Americas
During the Age of Discovery, a large scale colonization of the Americas, involving a number of European countries, took place primarily between the late 15th century and the early 19th century. The Norse explored and colonized areas of Europe and the North Atlantic, colonizing Greenland and creating a short-term settlement near the northern tip of Newfoundland circa 1000 AD. However, due to its long duration and importance, the later colonization by the European colonial powers of the Americas, after Christopher Columbus’s voyages, is more well-known. During this time, the European colonial empires of Spain, Portugal, Great Britain, France, Russia, the Netherlands, Denmark, and Sweden began to explore and claim the Americas, its natural resources, and human capital, leading to the displacement, disestablishment, enslavement, and even genocide of the Indigenous peoples in the Americas, and the establishment of several settler colonial states. The rapid rate at which so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The District Of Illinois
The following are former United States district courts, which ceased to exist because they were subdivided into smaller units. With the exception of California, each of these courts initially covered an entire U.S. state, and was subdivided as the jurisdictions which they covered increased in population. Two of the district courts—those of South Carolina and New Jersey—were subdivided but later recreated. Every change to the divisions and boundaries of these courts is effected by an act of the United States Congress, and for each such action, the statutory reference is identified. Alabama The United States District Court for the District of Alabama was created on April 21, 1820, by .Asbury Dickens, ''A Synoptical Index to the Laws and Treaties of the United States of America'' (1852), p. 390. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fletcher V
Fletcher may refer to: People and fictional characters * Fletcher (surname), including lists of people and fictional characters * Fletcher (given name), lists of people and fictional characters * Fletcher (occupation), a person who fletches arrows, the origin of the surname * Fletcher (singer), American singer-songwriter Cari Fletcher (born 1994) Places United States * Fletcher, California, a former settlement * Fletcher, the original name of Aurora, Colorado, a home rule municipality * Fletcher, Illinois, an unincorporated community * Fletcher, Indiana, an unincorporated town * Fletcher, Missouri, an unincorporated community * Fletcher, North Carolina, a suburb of Asheville * Fletcher, Ohio, a village * Fletcher, Oklahoma, a town * Fletcher, Vermont, a town * Fletcher, Virginia, an unincorporated community * Fletcher, West Virginia, an unincorporated community * Fletcher Hills, San Diego County, California, a mountain range * Fletcher Pond, Michigan, a man-made bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Or Controversy Clause
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing. In this context, "controversy" means an actual dispute between the parties. Summary First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear. For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William McIntosh (fur Trader)
William McIntosh (c. 1760 – July 1832; also printed as "M‘Intosh") was a fur trader, treasurer of the Indiana Territory under William Henry Harrison, and real estate entrepreneur. He became famous for the United States Supreme Court case of ''Johnson v. McIntosh'' (1823) and for his massive real estate holdings on the Wabash River. For a time he was a close friend of William Henry Harrison, but their relationship eventually soured and Harrison sued him for slander. When Harrison won the lawsuit, McIntosh was forced to pay him a large sum of money. Early years William McIntosh was born in Aberdeen, Scotland around 1760. In Scotland he served as a lieutenant in the Northern Fencibles from 1778 to 1781 and then emigrated to Canada. In 1785 he moved to Vincennes, Indiana and operated as a fur trader in the Illinois country along the Wabash River. About 1815-20 he moved to a tract of land he owned on the Illinois side of the Wabash River, near the present site of Mount Carmel, Il ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Johnson (jurist)
Thomas Johnson (November 4, 1732 – October 26, 1819) was an 18th-century American lawyer, politician, and patriot. He was a delegate to the First Continental Congress in 1774, where he signed the Continental Association; commander of the Maryland militia in 1776; and elected first (non-Colonial) governor of Maryland in 1777. Throughout his career, Johnson maintained a personal and political friendship with George Washington, who gave him a recess appointment as an Associate Justice of the Supreme Court in August 1791. Citing poor health, he served only briefly and resigned in January 1793, with the second shortest tenure of any Supreme Court justice. Life before the Revolution Thomas Johnson was born in Calvert County, Maryland, on November 4, 1732, to Thomas Johnson (1702–1777) and his wife Dorcas Sedgwick Johnson (1705–1770). His grandfather, also named Thomas Johnson (1656–1714), was a lawyer in London who had emigrated to Maryland sometime before 1700. The young ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cherokee Nation V
The Cherokee (; , or ) people are one of the Indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, they were concentrated in their homelands, in towns along river valleys of what is now southwestern North Carolina, southeastern Tennessee, southwestern Virginia, edges of western South Carolina, northern Georgia and northeastern Alabama with hunting grounds in Kentucky, together consisting of around 40,000 square miles. The Cherokee language is part of the Iroquoian language group. In the 19th century, James Mooney, an early American ethnographer, recorded one oral tradition that told of the tribe having migrated south in ancient times from the Great Lakes region, where other Iroquoian peoples have been based. However, anthropologist Thomas R. Whyte, writing in 2007, dated the split among the peoples as occurring earlier. He believes that the origin of the proto-Iroquoian language was likely the Appalachian region, and the split betwee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chain Of Title
A chain of title is the sequence of historical transfers of title to a property. It is a valuable tool to identify and document past owners of a property and serves as a property's historical ownership timeline. The "chain" runs from the present owner back to the original owner of the property. In situations where documentation of ownership is important, it is often necessary to reconstruct the chain of title. To facilitate this, a record of title documents may be maintained by a registry office or civil law notary. Chain of title for real property Real estate is one field where the chain of title has considerable significance. In real estate transactions in the United States, insurance companies' issue title insurance based upon the chain of title to the property when it is transferred. Title insurance companies sometimes maintain private title plants that track real estate titles in addition to the official records. In other cases, the chain of title is established by an ab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
