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Error Coram Nobis
A writ of ''coram nobis'' (also writ of error ''coram nobis'', writ of ''coram vobis'', or writ of error ''coram vobis'') is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. ''Google Scholar'' In the United Kingdom, the common law writ is superseded by the Common Law Procedure Act 1852 ( 15 & 16 Vict. c. 76) and the Criminal Appeal Act 1907 ( 7 Edw. 7. c. 23). The writ survives in the United States in federal courts, in the courts of sixteen states, and the District of Columbia courts. Each state has its own ''coram nobis'' procedures. A writ of coram nobis can be granted only by the court where the original judgment was entered, so those seeking to correct a judgment must understand the criteria required for that jurisdiction. Terminology A writ is an official written command, while ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writs, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the Feudalism in England, feudal era, a military summons by the king to one of his tenant-in-chief, tenants-in-chief to appear dressed for battle with retinue at a specific place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General of Canada, Governor General and, in Australia, by the Governor-General of Australia, Governor-General for elections for the House of Representatives, or state gove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thirteen Colonies
The Thirteen Colonies were the British colonies on the Atlantic coast of North America which broke away from the British Crown in the American Revolutionary War (1775–1783), and joined to form the United States of America. The Thirteen Colonies in their traditional groupings were: the New England Colonies (New Hampshire, Massachusetts, Rhode Island, and Connecticut); the Middle Colonies ( New York, New Jersey, Pennsylvania, and Delaware); and the Southern Colonies (Maryland, Virginia, North Carolina, South Carolina, and Georgia). These colonies were part of British America, which also included territory in The Floridas, the Caribbean, and what is today Canada. The Thirteen Colonies were separately administered under the Crown, but had similar political, constitutional, and legal systems, and each was dominated by Protestant English-speakers. The first of the colonies, Virginia, was established at Jamestown, in 1607. Maryland, Pennsylvania, and the New England Colon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus In The United States
In United States law, ''habeas corpus'' () is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for ''habeas corpus'' is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. United States law affords persons the right to petition the federal courts for a writ of ''habeas corpus''. Individual states also afford persons the ability to petition their own state court systems for ''habeas corpus'' pursuant to their respective constitutions and laws when held or sentenced by state authorities. Federal ''habeas'' review did not extend to those in state custody until almost a century after the nation's founding with the Habeas Corpus Act of 1867. During the Civil War and Reconstruction, as later during the war on terror, the right to petition for a writ of ''hab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scire Facias
In English law, a writ of ''scire facias'' (Latin, meaning literally "make known") is a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or formerly why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated. Largely withdrawn by 1947, its use in the administrative court remains one of the two ways in which a Royal Charter can be involuntarily revoked, the other being primary legislation in Parliament. In the United States, the writ has been abolished under federal law in district courts but may still be available in some state legal systems. History The writ of ''scire facias'' was created in 1285 during the 13th year of the reign of Edward I by the English Parliament in the Second Statute of Westminster. The writ of ''quo warranto'' was crea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Code
The United States Code (formally The Code of Laws of the United States of America) is the official Codification (law), codification of the general and permanent Law of the United States#Federal law, federal statutes of the United States. It contains 53 titles, which are organized into numbered sections. The U.S. Code is published by the United States House of Representatives, U.S. House of Representatives' Office of the Law Revision Counsel. New editions are published every six years, with cumulative supplements issued each year.About United States Code . Gpo.gov. Retrieved on 2013-07-19. The official version of these laws appears in the ''United States Statutes at Large'', a chronological, uncodified compilation. Codification Process The official text of an Act of Cong ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Code Of 1911
The Judicial Code of 1911 () abolished the United States circuit courts and transferred their trial jurisdiction to the U.S. district courts. In 1911, the United States Congress created a single code encompassing all statutes related to the judiciary and took the opportunity to revise and unify existing laws. At the same time, Congress abolished the U.S. circuit courts as of January 1, 1912, the effective date of the statute. Established by the Judiciary Act of 1789, the circuit courts served as the most important trial courts of the federal judiciary for over a century. The circuit courts lost their limited appellate jurisdiction in the Judiciary Act of 1891, which created the United States courts of appeals, U.S. courts of appeals, but as part of the political compromise behind the 1891 Act, the circuit courts continued to serve as trial courts alongside the U.S. district courts, district courts for the next 20 years. By abolishing the circuit courts and transferring their juri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Act Of 1789
The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article Three of the United States Constitution, Article III, Article Three of the United States Constitution#Section 1: Federal courts, Section 1 of the United States Constitution, Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court of the United States, Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. The existence of a separate federal judiciary had been controversial during the debates over History of the United States Constitution#1788_ratification, the ratification of the Constitution. Anti-Administration Party (United States), Anti-Federalists had denounced th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actual Innocence
Actual innocence is a special standard of review in legal cases to prove that a charged defendant did not commit the crimes that they were accused of, which is often applied by appellate courts to prevent a miscarriage of justice. Overview of claims of "actual innocence" In its most literal sense, "actual innocence"—more properly understood as a claim that the prosecution has failed to prove factual guilt beyond a reasonable doubt—is a very commonly raised defense to a crime. Claims of actual innocence may involve disputing that any crime occurred at all, or that the accused was the perpetrator of the criminal act. Arguably, even affirmative defenses such as "self-defense", insanity, or "mistake of fact" qualify as "actual innocence" claims because while in those cases the accused admits to both their identity as the actor and to the existence of the act ("actus reus"), they are claiming that the State cannot prove that they had the requisite mental state ("mens rea") to co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Governments Of The United States
In the United States, state governments are institutional units exercising functions of government at a level below that of the federal government. Each U.S. state's government holds legislative, executive, and judicial authority over a defined geographic territory. The United States comprises 50 states: 9 of the Thirteen Colonies that were already part of the United States at the time the Constitution took effect in 1789, 4 that ratified the Constitution after its commencement, plus 37 that have been admitted since by Congress as authorized under Article IV, Section 3 of the Constitution. Legal status While each of the state governments within the United States holds legal and administrative jurisdiction within its bounds, they are not sovereign in the Westphalian sense in international law which says that each state has sovereignty over its territory and domestic affairs, to the exclusion of all external powers, on the principle of non-interference in another state' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Government Of The United States
The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct branches: United States Congress, legislative, President of the United States, executive, and Federal judiciary of the United States, judicial. Powers of these three branches are defined and vested by the Constitution of the United States, U.S. Constitution, which has been in continuous effect since May 4, 1789. The powers and duties of these branches are further defined by Act of Congress, Acts of Congress, including the creation of United States federal executive departments, executive departments and courts subordinate to the Supreme Court of the United States, U.S. Supreme Court. In the Federalism in the United States, federal division of power, the federal government shares sovereignty with each of the 50 states in their respective t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalism In The United States
In the United States, federalism is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and toward the national government. The progression of federalism includes dual, cooperative, and New Federalism. Early federalism Federalism is a form of political organization that seeks to distinguish states and unites them, assigning different types of decision-making power at different levels to allow a degree of political independence in an overarching structure. Federalism was a political solution to the problems with the Articles of Confederation which gave little practical authority to the confederal government. For example, the Articles allowed the Congress of the Confederation the power to sign treaties and declare war, but it could not raise taxes to pay for an army and all major deci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalism
Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, State (sub-national), states, Canton (administrative division), cantons, territorial, territories, etc.), while dividing the powers of governing between the two levels of governments. Two illustrative examples of federated countries—one of the world's oldest federations, and one recently organized—are Australia #Government and politics, Australia and Federated States of Micronesia, Micronesia. Johannes Althusius (1563–1638), is considered the father of modern federalism, along with Montesquieu. In 1603, Althusius first described the bases of this political philosophy in his ''Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata''. By 1748, in his treatise ''The Spirit of Law'', Montesquieu (1689-1755) observed various examples of federalist governments: in corporate societies, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
