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Martin V. Hunter's Lessee
''Martin v. Hunter's Lessee'', 14 U.S. (1 Wheat.) 304 (1816), was a landmark decision of the Supreme Court of the United States decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in civil matters of federal law. Though Chief Justice John Marshall wrote most of the Supreme Court opinions during his tenure, he did not write this opinion. Marshall instead recused himself, citing a conflict of interest due to his relatives' interest in the property. Justice Joseph Story wrote the decision for a unanimous court. Facts During the American Revolution, the Commonwealth of Virginia enacted legislation that allowed it to confiscate Loyalists' property. Land owned by a loyalist, Martin, part of the Northern Neck Property, was confiscated by the State and transferred to David Hunter. The Treaty of Paris (1783) between Great Britain and the United States nullified such confiscations, permitting Martin to sue for the return of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Winchester, Virginia
Winchester is the northwesternmost Administrative divisions of Virginia#Independent cities, independent city in the Commonwealth (U.S. state), Commonwealth of Virginia, United States. It is the county seat of Frederick County, Virginia, Frederick County, although the two are separate jurisdictions. As of the 2020 United States census, the city's population was 28,120. It is the principal city of the Winchester, VA–WV MSA, Winchester metropolitan area with a population of just over 145,000 extending into West Virginia, which is a part of the Washington–Baltimore combined statistical area. Winchester is home to Shenandoah University and the Museum of the Shenandoah Valley. History Native Americans Indigenous peoples lived along the waterways of present-day Virginia for thousands of years before European contact. Archeological, linguistics, linguistic and anthropological studies have provided insights into their cultures. Though little is known of specific tribal movements befo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted Property rights (economics), property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (or ''cooperative propert''y). Property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements; to distinguish ownership and easement from rent, there is an expectation that each party's will with regard to the property be clearly defined and unconditional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daguerreotype Of Joseph Story, 1844 (edit)
Daguerreotype was the first publicly available photographic process, widely used during the 1840s and 1850s. "Daguerreotype" also refers to an image created through this process. Invented by Louis Daguerre and introduced worldwide in 1839, the daguerreotype was almost completely superseded by 1856 with new, less expensive processes, such as ambrotype (collodion process), that yield more readily viewable images. There has been a revival of the daguerreotype since the late 20th century by a small number of photographers interested in making artistic use of early photographic processes. To make the image, a daguerreotypist polished a sheet of silver-plated copper to a mirror finish; treated it with fumes that made its surface light-sensitive; exposed it in a camera for as long as was judged to be necessary, which could be as little as a few seconds for brightly sunlit subjects or much longer with less intense lighting; made the resulting latent image on it visible by fuming ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article One Of The United States Constitution
Article One of the Constitution of the United States establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the United States House of Representatives, House of Representatives and the United States Senate, Senate. Article One grants Congress Enumerated powers (United States), enumerated powers and the ability to pass laws "Necessary and Proper Clause, necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places limits on the powers of Congress and the U.S. state, states from abusing their powers. Article One's Legislative Vesting Clause, Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the vesting clauses of Article Two and Article Three, the Vesting Clause ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Question
In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. The federal question jurisdiction statute is codified at . Statute Overview Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear that it would make the courts too powerful. The Federalists briefly created such jurisdiction in the Judiciary Act of 1801, but it was repealed the following year, and not restored until 1875. Unlike diversity jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coram Non Judice
''Coram non judice'', Latin for "not before a judge", is a legal term typically used to indicate a legal proceeding that is outside the presence of a judge (or in the presence of a person who is not a judge), with improper venue, or without jurisdiction. Any indictment or sentence passed by a court which has no authority to try an accused of that offence, is clearly in violation of the law and would be ''coram non judice'' and a nullity. The exception ''non sui juris'', "not of one's own right", is available at any time, including after judgment (Bracton). The "coram" part of the term means "in the presence of". See also *''Coram nobis'' *''Sub judice'' *''Martin v. Hunter's Lessee ''Martin v. Hunter's Lessee'', 14 U.S. (1 Wheat.) 304 (1816), was a landmark decision of the Supreme Court of the United States decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in civi ...'' References Latin legal terminology {{L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ejectment
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured. Though still used in some places, the term is now obsolete in many common law jurisdictions, in which possession and title are sued by the actions of eviction Eviction is the removal of a Tenement (law), tenant from leasehold estate, rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosure, foreclosed by a mortgagee (often ... (also called possession proceedings) and quiet title (or injunctive and/or declaratory relief), respectively. Originally, successful ejectment meant recovery of possession of land, for example against a defaulting tenant or a trespasser, who did not have (or once had but no longer does) any right to remain ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
