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Massachusetts Body Of Liberties
The Massachusetts Body of Liberties was the first legal code established in New England, compiled by Puritan minister Nathaniel Ward. The laws were established by the Massachusetts General Court in 1641. The Body of Liberties begins by establishing the exclusive right of the General Court to legislate and dictate the "Countenance of Authority". In 1684, King Charles II revoked the Body of Liberties and reinstated English law over the Commonwealth. King James II established the Massachusetts Colony, and the Body of Liberties took effect and remained so until it was replaced by the 1691 Provincial Charter.Encyclopedia of American civil liberties, Volume 1, Ed. Paul Finkelman, entry written by Sherrow Pinder, CRC Press, 2006, , page 979. Though towns such as Dedham and Watertown had already established them, the Body of Liberties recognized boards of selectmen for the first time. Rights acknowledged The Body of Liberties was one of the earliest protections of individual right ...
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Seal Of Massachusetts
The Great Seal of the Commonwealth of Massachusetts contains the coat of arms of Massachusetts. The coat of arms is encircled by the Latin text "Sigillum Reipublicæ Massachusettensis" (literally, ''The Seal of the Republic of Massachusetts''). The Massachusetts Constitution designates the form of government a "commonwealth", for which ''respublica'' is the correct Latin term. The seal uses the coat of arms of Massachusetts as its central element. An official emblem of the state, the coat of arms was adopted by the Legislature in 1775 and then reaffirmed by Governor John Hancock and his Council in 1780. The present rendition of the seal was drawn by resident-artist Edmund H. Garrett and was adopted by the state in 1900. While the inscription around the seal is officially in Latin, a variant with "Commonwealth of Massachusetts" in English is also sometimes used. History The first seal of Massachusetts Bay Colony showed a nude American Indian with a bush covering his genitals. L ...
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Takings Clause
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the Bill of Rights. The Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that most felonies be tried only upon indictment by a grand jury, which the Court ruled does not apply to the state level. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The Self-Incrimination clause provides various protections against self-i ...
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History Of Slavery In Massachusetts
Although slavery in the United States is typically associated with the Caribbean and the Antebellum American South, enslaved people existed to a lesser extent in New England: historians estimate that between 1755 and 1764, the Massachusetts enslaved population was approximately 2.2 percent of the total population; the slave population was generally concentrated in the industrial and coastal towns. Unlike in the American South, enslaved people in Massachusetts had legal rights, including the ability to file legal suits in court. The practice of slavery in Massachusetts was ended gradually through case law. As an institution, it died out in the late 18th century through judicial actions litigated on behalf of slaves seeking manumission. Unlike some other jurisdictions, enslaved people in Massachusetts occupied a dual legal status of being both property and persons before the law, which entitled them to file legal suits in court. Prominent Massachusetts lawyer Benjamin Kent represen ...
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Civil Liberties In The United States
Civil liberties in the United States are certain unalienable rights retained by (as opposed to privileges granted to) those in the United States, under the Constitution of the United States, as interpreted and clarified by the Supreme Court of the United States and lower federal courts. Civil liberties are simply defined as individual legal and constitutional protections from entities more powerful than an individual, for example, parts of the government, other individuals, or corporations. The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy. There are also many liberties of people not defined in the Constitution, as stated in the Ninth Amendment: ''The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'' The extent of civil liberties and the percentage of the population of the United States who had access to these lib ...
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1641 In Law
Events January–March * January 4 – The stratovolcano Mount Parker in the Philippines has a major eruption. * January 14 – The Battle of Malacca concludes with the Dutch East India Company ending Portuguese control of Malacca. * January 18 – The Junta de Braços (council of Estates) of the Principality of Catalonia, led by Pau Claris, accepts the proposal to establish the Catalan Republic under French protection. * February 16 – King Charles I of England gives his assent to the Triennial Act, reluctantly committing himself to parliamentary sessions of at least fifty days, every three years. * March 7 – King Charles I of England decrees that all Roman Catholic priests must leave England by April 7 or face being arrested and treated as traitors. * March 22 – The trial for high treason begins for Thomas Wentworth, 1st Earl of Strafford, director of England's Council of the North. * March 27 **The Battle of Pressnitz begins be ...
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Constitution Of Massachusetts
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual states that make up the United States of America. It consists of a preamble, declaration of rights, description of the principles and framework of government, and articles of amendment. Created by the Massachusetts Constitutional Convention of 1779, the document was primarily authored by American founding father and future president John Adams. Following its approval by convention delegates, it was approved by voters on June 15, 1780, and became effective October 25 of that year. The Massachusetts Constitution was the last to be written among the initial thirteen U.S. states. It was unique in being structured with chapters, sections and articles, as opposed to being a list of provisions. It served as a model for the U.S. Constitution, drafted seven years later, both structurally and substantively, and also influenced later ...
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West Indies
The West Indies is an island subregion of the Americas, surrounded by the Atlantic Ocean, North Atlantic Ocean and the Caribbean Sea, which comprises 13 independent island country, island countries and 19 dependent territory, dependencies in three archipelagos: the Greater Antilles, the Lesser Antilles, and the Lucayan Archipelago. The subregion includes all the islands in the Antilles, in addition to The Bahamas and the Turks and Caicos Islands, which are in the Atlantic Ocean, North Atlantic Ocean. The term is often interchangeable with "Caribbean", although the latter may also include coastal regions of Central America, Central and South American mainland nations, including Mexico, Belize, Honduras, Panama, Colombia, Venezuela, French Guiana, Guyana, and Suriname, as well as the Atlantic Ocean, Atlantic island nation of Bermuda, all of which are geographically distinct from the three main island groups, but culturally related. Terminology The English term ''Indie'' is deri ...
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New Testament
The New Testament (NT) is the second division of the Christian biblical canon. It discusses the teachings and person of Jesus in Christianity, Jesus, as well as events relating to Christianity in the 1st century, first-century Christianity. The New Testament's background, the first division of the Christian Bible, is called the Old Testament, which is based primarily upon the Hebrew Bible; together they are regarded as Sacred Scripture by Christians. The New Testament is a collection of 27 Christianity, Christian texts written in Koine Greek by various authors, forming the second major division of the Christian Bible. It includes four Gospel, gospels, the Acts of the Apostles, epistles attributed to Paul the Apostle, Paul and other authors, and the Book of Revelation. The Development of the New Testament canon, New Testament canon developed gradually over the first few centuries of Christianity through a complex process of debate, rejection of Heresy, heretical texts, and ...
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Estate Tax
International tax law distinguishes between an estate tax and an inheritance tax. An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and property) of a person who has died. However, this distinction is not always observed; for example, the UK's "inheritance tax" is a tax on the assets of the deceased, and strictly speaking is therefore an estate tax. Inheritance taxes vary widely between countries. History There was a steep increase in the number of countries that implemented inheritance taxes throughout the 19th and early 20th century. From 1960 onwards, inheritance taxes declined in prevalence as numerous countries repealed theirs. For historical reasons, the term "death duty" is still used colloquially (though not legally) in the UK and some Commonwealth countries. The estate tax in the United States is sometimes referred as "death tax". Other taxation applied to inheri ...
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Conscription
Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it continues in some countries to the present day under various names. The modern system of near-universal national conscription for young men dates to the French Revolution in the 1790s, where it became the basis of a very large and powerful military. Most European nations later copied the system in peacetime, so that men at a certain age would serve 1 to 8 years on active duty and then transfer to the reserve force. Conscription is controversial for a range of reasons, including conscientious objection to military engagements on religious or philosophical grounds; political objection, for example to service for a disliked government or unpopular war; sexism, in that historically men have been subject to the draft in the most cases; and ideol ...
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Monopolies
A monopoly (from Greek and ) is a market in which one person or company is the only supplier of a particular good or service. A monopoly is characterized by a lack of economic competition to produce a particular thing, a lack of viable substitute goods, and the possibility of a high monopoly price well above the seller's marginal cost that leads to a high monopoly profit. The verb ''monopolise'' or ''monopolize'' refers to the ''process'' by which a company gains the ability to raise prices or exclude competitors. In economics, a monopoly is a single seller. In law, a monopoly is a business entity that has significant market power, that is, the power to charge overly high prices, which is associated with unfair price raises. Although monopolies may be big businesses, size is not a characteristic of a monopoly. A small business may still have the power to raise prices in a small industry (or market). A monopoly may also have monopsony control of a sector of a market. A mono ...
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Double Jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law – in civil law, a similar concept is that of . The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence; however, a different offence may be charged on identical evidence at a second trial. ''Res judicata'' protection is stronger – it precludes any causes of action or claims that arise from a previously litigated subject matter. A variation in common law countries is the peremptory plea, which may take the specific forms of ('previously acquitted') or ('previously convicted'). These doctrines appear to have originated in ancient Roman law, in the broader princip ...
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