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Swift V. Tyson
''Swift v. Tyson'', 41 U.S. (16 Pet.) 1 (1842), was a case brought in diversity in the Circuit Court for the Southern District of New York on a bill of exchange accepted in New York in which the Supreme Court of the United States determined that United States federal courts that heard cases brought under their diversity jurisdiction under the Judiciary Act of 1789 must apply statutory state laws when the state legislatures in question had spoken on the issue, but did not have to apply the state's common law if the state legislatures had not spoken on the issue.. The ruling meant that the federal courts that decided matters not specifically addressed by the state legislature had the authority to develop a federal general common law. In 1938, this decision was overruled by ''Erie Railroad Co. v. Tompkins'', which dispensed with the concept of federal general common law in the United States. Statute Section 34 of the Judiciary Act of 1789 states that "the laws of the several st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Peters (reporter)
Richard Peters, Jr. (August 17, 1780 – May 2, 1848) was an American attorney and the fourth reporter of decisions of the Supreme Court of the United States, serving from 1828 to 1843. Early life Richard Peters, Jr. was born in Belmont, Pennsylvania, the son of Richard Peters, an attorney later elected as Continental Congressman from Pennsylvania. Peters, Jr. studied law and was admitted to the bar in 1800. Career In 1816, Peters was among a group of men led by Condy Raguet who founded the Philadelphia Savings Fund Society. In the early 20th century, it was the largest savings bank in the United States. Peters served as the editor of: ''Chitty on Bills'', '' Joseph Chitty on Criminal Law'' (1819), Bushrod Washington's ''Circuit Court Reports, Third Circuit'' (four volumes, 1803–27), and ''United States Statutes at Large''."Richard Peters, Jr. (1780-1848), ''New International Encyclopedia'' He was appointed as the solicitor of Philadelphia County, serving from 1822 to 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in '' Currie v Misa'' declared consideration to be a “Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility”. Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable if one is thereby surrendering a legal right. Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A contracts to buy a car from B for $5,000, A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws Case Law
Conflict may refer to: Arts, entertainment, and media Films * ''Conflict'' (1921 film), an American silent film directed by Stuart Paton * ''Conflict'' (1936 film), an American boxing film starring John Wayne * ''Conflict'' (1937 film), a Swedish drama film directed by Per-Axel Branner * ''Conflict'' (1938 film), a French drama film directed by Léonide Moguy * ''Conflict'' (1945 film), an American suspense film starring Humphrey Bogart * ''Catholics: A Fable'' (1973 film), or ''The Conflict'', a film starring Martin Sheen * ''Judith'' (1966 film) or ''Conflict'', a film starring Sophia Loren * ''Samar'' (1999 film) or ''Conflict'', a 1999 Indian film by Shyam Benegal Games * ''Conflict'' (series), a 2002–2008 series of war games for the PS2, Xbox, and PC * ''Conflict'' (video game), a 1989 Nintendo Entertainment System war game * '' Conflict: Middle East Political Simulator'', a 1990 strategy computer game Literature and periodicals * ''Conflict'' (novel) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases Of The Taney Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overruled United States Supreme Court Decisions
This is a list of decisions of the Supreme Court of the United States that have been explicitly overruled, in part or in whole, by a subsequent decision of the Court. It does not include decisions that have been abrogated by subsequent constitutional amendment or by subsequent amending statutes. As of 2018, the Supreme Court had overruled more than 300 of its own cases. The longest period between the original decision and the overruling decision is 136 years, for the common law Admiralty cases ''Minturn v. Maynard'', 58 U.S. (17 How.) 476 decision in 1855, overruled by the ''Exxon Corp. v. Central Gulf Lines Inc.'', 500 U.S. 603 decision in 1991. The shortest period is 11 months, for the constitutional law Fourth Amendment (re: search and seizure) cases ''Robbins v. California'', 453 U.S. 420 decision in July 1981, overruled by the ''United States v. Ross'', 456 U.S. 798 decision in June 1982. There have been 16 decisions which have simultaneously overruled more than one earlier ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Common Law Case Law
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states * Federal republic, a federation which is a republic * Federalism, a political philosophy * Federalist, a political belief or member of a political grouping *Federalization, implementation of federalism Particular governments *Federal government of the United States **United States federal law **United States federal courts * Government of Argentina * Government of Australia *Government of Pakistan *Federal government of Brazil *Government of Canada *Government of India *Federal government of Mexico * Federal government of Nigeria * Government of Russia *Government of South Africa *Government of Philippines Other *''The Federalist Papers'', critical early arguments ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1842 In United States Case Law
__NOTOC__ Year 184 ( CLXXXIV) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Eggius and Aelianus (or, less frequently, year 937 '' Ab urbe condita''). The denomination 184 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place China * The Yellow Turban Rebellion and Liang Province Rebellion break out in China. * The Disasters of the Partisan Prohibitions ends. * Zhang Jue leads the peasant revolt against Emperor Ling of Han of the Eastern Han Dynasty. Heading for the capital of Luoyang, his massive and undisciplined army (360,000 men), burns and destroys government offices and outposts. * June – Ling of Han places his brother-in-law, He Jin, in command of the imperial army and sends them to attack the Yellow Turban rebels. * Winter – ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution Article Three Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 41
This is a list of cases reported in volume 41 (16 Pet.) of '' United States Reports'', decided by the Supreme Court of the United States in 1842. Nominative reports In 1874, the U.S. government created the ''United States Reports'', and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of ''U.S. Reports'' have dual citation forms; one for the volume number of ''U.S. Reports'', and one for the volume number of the reports named for the relevant reporter of decisions (these are called " nominative reports"). Richard Peters, Jr. Starting with the 26th volume of ''U.S. Reports'', the Reporter of Decisions of the Supreme Court of the United States was Richard Peters, Jr. Peters was Reporter of Decisions from 1828 to 1843, covering volumes 26 through 41 of ''United States Reports'' which correspond to volumes 1 through 16 of his ''Peters's Reports''. As such, the dual form of citation to, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Erie Doctrine
The ''Erie'' doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in diversity jurisdiction, but also when applying supplemental jurisdiction to claims factually related to a federal question or in an adversary proceeding in bankruptcy) must apply state substantive law. The doctrine follows from the Supreme Court landmark decision in ''Erie Railroad Co. v. Tompkins'' (1938). The case overturned ''Swift v. Tyson'', which allowed federal judges sitting in a state to ignore the common law local decisions of state courts in the same state in diversity actions. Scope There are two main objectives of the ''Erie'' decision: (1) to discourage forum shopping among litigants, and (2) to avoid inequitable administration of the laws. Broadly speaking, the second objective is sometimes referred to as "vertical uniform ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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