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court system in the United States
State Courts State cases come to the United States Supreme Court from the highest appellate courts of the states. Under its discretionary authority to accept or reject cases, and in keeping with its own rules of standing to sue, the Court accepts less than 10 percent of all state appeals. State... Read more |
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Abstention Doctrine
ABSTENTION DOCTRINE The concept under which a federal court exercises its discretion and equitable powers and declines to decide a legal action over which it has jurisdiction pursuant to the Constitution and statutes where the state judiciary is capable of rendering a definitive ruling in the... Read more |
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Martin v Hunters Lessee
Martin v. Hunter's Lessee case decided in 1816 by the U.S. Supreme Court. From 1779 to 1785, Virginia passed a series of laws by which the state confiscated all lands owned by foreigners. David Hunter was granted 800 acres of confiscated lands that had been willed to Denny Martin Fairfax, a British... Read more |
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Special Courts
SPECIAL COURTS Bodies within the judicial branch of government that generally address only one area of law or have specifically defined powers. The best-known courts are courts of general jurisdiction, which have unlimited trial jurisdiction, both civil and criminal, within their jurisdictional... Read more |
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police power
police power in law, right of a government to make laws necessary for the health, morals, and welfare of the populace. The term has greatest currency in the United States, where it has been defined by the Supreme Court as the power of the states to enact laws of that type even where, under ordinary... Read more |
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Nebbia v. New York
Nebbia v. New York, 291 U.S. 502 (1934), argued 4–5 Dec. 1933, decided 5 Mar. 1934 by vote of 5 to 4; Roberts for the Court, McReynolds, Butler, Sutherland, and Van Devanter in dissent. Nebbia involved emergency legislation passed by New York State to ease some of the economic hardships... Read more |
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Federal Courts
FEDERAL COURTS The U.S. judicial tribunals created by Article III of the Constitution, or by Congress, to hear and determine justiciable controversies. The Constitution created the Supreme Court and empowered Congress, in Article I, Section 8, to establish inferior federal courts. The authority... Read more |
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divorce
divorce partial or total dissolution of a marriage by the judgment of a court. Partial dissolution is a divorce "from bed and board," a decree of judicial separation , leaving the parties officially married while forbidding cohabitation. Total dissolution of the bonds of a valid marriage is... Read more |
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Prize Courts
PRIZE COURTS PRIZE COURTS derive their name from their function, which is to pass on the validity and disposition of "prizes," a term referring to the seizure of a ship or its cargo by the maritime, not the land, forces of a belligerent. Jurisdictional pronouncements of prize courts have expanded... Read more |
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Rufus Wheeler Peckham
Rufus Wheeler Peckham , 1838-1909, Associate Justice of the U.S. Supreme Court (1895-1909), b. Albany, N.Y. Admitted (1859) to the bar, he became a leading Albany lawyer and was prominent in local Democratic politics. He served on the state supreme court (1883-86) and on the state court of appeals... Read more |
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