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Oneida Indian Nation V. County Of Oneida
''Oneida Indian Nation of New York v. County of Oneida'', 414 U.S. 661 (1974), is a landmark decision by the United States Supreme Court concerning aboriginal title in the United States. The original suit in this matter was the first modern-day Native American land claim litigated in the federal court system rather than before the Indian Claims Commission. It was also the first to go to final judgement. The Supreme Court held that there is federal subject-matter jurisdiction for possessory land claims brought by Indian tribes based upon aboriginal title, the Nonintercourse Act, and Indian treaties. In delivering the opinion of the Court, Associate Justice Byron White wrote that jurisdiction for such suits arose both fro28 U.S.C. § 1331 conferring jurisdiction for cases arising under the Constitution, laws, or treaties of the United States an28 U.S.C. § 1362 conferring similar jurisdiction to cases brought by Indian tribes regardless of the amount in controversy. The case is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2d Cir
D, or d, is the fourth Letter (alphabet), letter of the Latin alphabet, used in the English alphabet, modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is English alphabet#Letter names, ''dee'' (pronounced ), plural ''dees''. History The Semitic languages, Semitic letter Daleth, Dāleth may have developed from the logogram for a fish or a door. There are many different Egyptian hieroglyphs that might have inspired this. In Semitic, Ancient Greek and Latin, the letter represented ; in the Etruscan alphabet the letter was archaic but still retained. The equivalent Greek letter is delta, Delta (letter), Δ. The lower case, minuscule (lower-case) form of 'd' consists of a lower-story left Typeface anatomy#Strokes, bowl and a Typeface anatomy#Strokes, stem ascender. It most likely developed by gradual variations on the upper case, majuscule (capital) form 'D', and is now composed as a stem with a full Typeface ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Well-pleaded Complaint
''Louisville & Nashville Railroad Company v. Mottley'', 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a plaintiff's anticipation that the defendant would raise a federal statute as a defense. Instead, such jurisdiction can only arise from a complaint by the plaintiff that the defendant has directly violated some provision of the Constitution, laws, or treaties of the United States. This reading of the federal question jurisdiction statute is now known as the well-pleaded complaint rule. Facts The Mottleys, Erasmus and Annie, were a husband and wife who had been injured in a train wreck on September 7, 1871, in Jefferson County, Kentucky. In exchange for releasing the railroad from liability, they were compensated with free passes from the Louisville and Nashville Railroad company, which were to be renewed annually. Several decades later, in the Hepburn A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion To Dismiss
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the ''moving party'' or ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions made during trial. Today, h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Rental Value
Rental value is the fair market value of property while rented out in a lease. More generally, it may be the consideration paid under the lease for the right to occupy, or the royalties or return received by a lessor (landlord) under a license to real property. In the science and art of appraisal, it is the amount that would be paid for rental of similar real property in the same condition and in the same area. Other Definitions In economic terms, the rental value is the added value an individual contributes when goods are being exchanged or traded for profit. This additional quality is often fixed and is alone under the trader’s ownership. The characteristic can be tangible such as a signature method of use or intangible such as exclusive knowledge pertaining to a product; also known as intellectual property. The value arises from when the market or model is in equilibrium and it is advantages for an individual to take part in trading activities rather than not participate, co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Canandaigua
The Treaty of Canandaigua (or Konondaigua, as spelled in the treaty itself), also known as the Pickering Treaty and the Calico Treaty, is a treaty signed after the American Revolutionary War between the Grand Council of the Six Nations and President George Washington, representing the United States of America. It was signed at Canandaigua, New York, on November 11, 1794, by fifty sachems () and war chiefs representing the Grand Council of the Six Nations of the Haudenosaunee (Iroquois) Confederacy (including the Cayuga, Mohawk, Oneida, Onondaga, Seneca and Tuscarora Nations) and by Timothy Pickering, official agent of President Washington. Background of the treaty The Treaty of Canandaigua arose out of a combination of geo-political tensions. In the aftermath of its defeat in the American Revolutionary War, Great Britain was forced to relinquish its land east of the Mississippi River to the United States. However, Great Britain’s original rights to this territory were ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Fort Harmar
The Treaty of Fort Harmar (1789) was a treaty made between the United States and the Haudenosaunee, Ojibwe, Odawa, Potawatomi, Sauk, Wyandot, and Lenape, all Indigenous nations with territorial claims within the European land claim acquired in 1783 by the United States from the Kingdom of Great Britain known as the Northwest Territory. History The Treaty of Fort Harmar was concluded at Fort Harmar in the Northwest Territory on January 9, 1789. National leaders representing the Haudenosaunee, Ojibwe, Odawa, Potawatomi, Sauk, Wyandot, and Lenape met with treaty negotiators from the United States, including Arthur St. Clair, governor of the Northwest Territory, Josiah Harmar, and Richard Butler. Although the treaty was supposed to address issues with two earlier treaties, the 1784 Treaty of Fort Stanwix and the 1785 Treaty of Fort McIntosh, it largely reiterated the earlier terminology, with minor changes. The treaty failed to address the most important grievances of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Fort Stanwix
The Treaty of Fort Stanwix was a treaty signed between representatives from the Iroquois and Great Britain (accompanied by negotiators from New Jersey, Virginia and Province of Pennsylvania, Pennsylvania) in 1768 at Fort Stanwix. It was negotiated between Sir William Johnson, 1st Baronet, Sir William Johnson, his deputy George Croghan, and representatives of the Iroquois. The treaty established a Line of Property following the Ohio River that ceded the Kentucky portion of the Colony of Virginia, Virginia Colony to the The Crown, British Crown, as well as most of what is now West Virginia. The treaty also settled land claims between the Iroquois and the Penn family; the lands acquired by American colonists in Province of Pennsylvania, Pennsylvania were known as the New Purchase. Treaty The purpose of the conference was to adjust the boundary line between Indian lands and the Thirteen Colonies outlined in the Royal Proclamation of 1763. The Government of the United Kingdom, Briti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Nonintercourse Act
The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the United States Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set boundaries of American Indian Indian reservation, reservations. The various acts were also intended to regulate commerce between White Americans and Native Americans in the United States, citizens of Indigenous nations. The most notable provisions of the act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783. Text of the land provision The first four acts expired after four years; the 1802 and 1834 acts had no expiration. The version of the act in force at the time of the illicit conveyanc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Northern District Of New York
The United States District Court for the Northern District of New York (in case citations, N.D.N.Y.) serves one of the 94 judicial districts in the United States and one of four in the state of New York. Appeals from the Northern District of New York are taken to the United States Court of Appeals for the Second Circuit, which has jurisdiction over the four districts of New York, the District of Connecticut and the District of Vermont (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). The U.S. attorney for the district is Carla B. Freedman since October 8, 2021. Its jurisdiction comprises the counties of Albany County, New York, Albany, Broome County, New York, Broome, Cayuga County, New York, Cayuga, Chenango County, New York, Chenango, Clinton County, New York, Clinton, Columbia County, New York, Columbia, Cortland County, New York, Cortland, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Madison County, New York
Madison County is a county located in the U.S. state of New York. As of the 2020 census, the population was 68,016. Its county seat is Wampsville. The county is named after James Madison, the fourth president of the United States, and was first formed in 1806. The county is part of the Central New York region of the state. Madison County is part of the Syracuse metropolitan area, and is home to both the International Boxing Hall of Fame and the National Abolition Hall of Fame and Museum. History Indigenous peoples had occupied areas around Oneida Lake for thousands of years. The historic Oneida Indian Nation is an Iroquoian-speaking people who emerged as a culture in this area about the fourteenth century and dominated the territory. They are one of the Five Nations who originally comprised the Iroquois Confederacy or '' Haudenosaunee''. English colonists established counties in eastern present-day New York State in 1683; at the time, the territory of the prese ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oneida County, New York
Oneida County ( ) is a county in the state of New York, United States. As of February 26, 2024, the population was 226,654. The county seat is Utica. The name is in honor of the Oneida, one of the Five Nations of the Iroquois League or '' Haudenosaunee'', which had long occupied this territory at the time of European encounter and colonization. The federally recognized Oneida Indian Nation has had a reservation in the region since the late 18th century, after the American Revolutionary War. The county is part of the Mohawk Valley region of the state. Oneida County is part of the Utica–Rome, NY Metropolitan Statistical Area. History When England established colonial counties in the Province of New York in 1683, the territory of present Oneida County was included in a very large, mostly undeveloped Albany County. This county included the northern part of present-day New York State as well as all of the present state of Vermont and, in theory, extended westward to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
