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Great Pond
A great pond in the United States is a pond or lake that is held in trust by the state for public use. Generally, any natural body of water that is larger than in size is considered public water. In certain New England states, this legal definition exists at both common law and statutory law. History As is often the case in the United States, the "law of great ponds" descended from early English common law. In 1890, Charles Doe, Chief Justice of the New Hampshire Supreme Court, described the development of the law of great ponds in ''Concord Mfg. Co. v. Robertson'', a case concerning the rights of individuals to cut and remove ice from a pond adjacent to land they had leased, subsequently reducing the flow of water at a downstream mill. The rights of the ice harvesters and mill owners turned on the question of who owned the water in the pond. In the opinion, Chief Justice Doe stated that " de waters and large ponds are public waters. Whatever exceptions, if any, may be found, t ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Pond
A pond is a small, still, land-based body of water formed by pooling inside a depression (geology), depression, either naturally or artificiality, artificially. A pond is smaller than a lake and there are no official criteria distinguishing the two, although defining a pond to be less than in area, less than in depth and with less than 30% of its area covered by aquatic plant, emergent vegetation helps in distinguishing the ecology of ponds from those of lakes and wetlands.Clegg, J. (1986). Observer's Book of Pond Life. Frederick Warne, London Ponds can be created by a wide variety of natural processes (e.g. on floodplains as cutoff river channels, by glacial processes, by peatland formation, in coastal dune systems, by beavers). They can simply be isolated depressions (such as a Kettle (landform), kettle hole, vernal pool, Prairie Pothole Region, prairie pothole, or simply natural undulations in undrained land) filled by runoff, groundwater, or precipitation, or all three ...
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Lake
A lake is often a naturally occurring, relatively large and fixed body of water on or near the Earth's surface. It is localized in a basin or interconnected basins surrounded by dry land. Lakes lie completely on land and are separate from the ocean, although they may be connected with the ocean by rivers. Lakes, as with other bodies of water, are part of the water cycle, the processes by which water moves around the Earth. Most lakes are fresh water and account for almost all the world's surface freshwater, but some are salt lakes with salinities even higher than that of seawater. Lakes vary significantly in surface area and volume of water. Lakes are typically larger and deeper than ponds, which are also water-filled basins on land, although there are no official definitions or scientific criteria distinguishing the two. Lakes are also distinct from lagoons, which are generally shallow tidal pools dammed by sandbars or other material at coastal regions of ocean ...
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Trust Law
A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is known as the "settlor", the party to whom it is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property is known as the "corpus" or "trust property". A ''testamentary trust'' is an irrevocable trust established and funded pursuant to the terms of a deceased person's will. An inter vivos trust is a trust created during the settlor's life. The trustee is the legal owner of the assets held in trust on behalf of the trust and its beneficiaries. The beneficiaries are equitable owners of the trust property. Trustees have a fiduciary duty to manage the trust for the benefit of the equitable owners. Trustees must provide regular accountings of trust income ...
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New England
New England is a region consisting of six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York (state), New York to the west and by the Canadian provinces of New Brunswick to the northeast and Quebec to the north. The Gulf of Maine and Atlantic Ocean are to the east and southeast, and Long Island Sound is to the southwest. Boston is New England's largest city and the capital of Massachusetts. Greater Boston, comprising the Boston–Worcester–Providence Combined Statistical Area, houses more than half of New England's population; this area includes Worcester, Massachusetts, the second-largest city in New England; Manchester, New Hampshire, the largest city in New Hampshire; and Providence, Rhode Island, the capital of and largest city in Rhode Island. In 1620, the Pilgrims (Plymouth Colony), Pilgrims established Plymouth Colony, the second successful settlement in Briti ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Statutory Law
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, wh ...
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New Hampshire Supreme Court
The New Hampshire Supreme Court is the state supreme court, supreme court of the U.S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord, New Hampshire, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor of New Hampshire, Governor and Executive Council of New Hampshire, Executive Council to serve during "good behavior" until retirement or the age of seventy. The senior member of the Court is able to specially assign lower-court judges, as well as retired justices, to fill vacancies on the Court. The Supreme Court is the administrative authority over the state's judicial system. The Court has both mandatory and discretionary appellate jurisdiction. In 2000, the Court created a "Three Judges Expedited" or 3JX panel to issue decisions in cases of less precedential value, with its decision only binding on the present case. In 2004, the court began accepting all a ...
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Feudalism
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring society around relationships derived from the holding of land in exchange for service or labour. The classic definition, by François Louis Ganshof (1944),François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and Medieval warfare, military obligations of the warrior nobility and revolved around the key concepts of lords, vassals, and fiefs. A broader definition, as described by Marc Bloch (1939), includes not only the obligations of the warrior nobility but the obligations of all three estates of the realm: the nobility, the cl ...
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Maine
Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and territories of Canada, Canadian provinces of New Brunswick and Quebec to the northeast and northwest, and shares a maritime border with Nova Scotia. Maine is the largest U.S. state, state in New England by total area, nearly larger than the combined area of the remaining five states. Of the List of states and territories of the United States, 50 U.S. states, it is the List of U.S. states and territories by area, 12th-smallest by area, the List of U.S. states and territories by population, 9th-least populous, the List of U.S. states by population density, 13th-least densely populated, and the most rural. Maine's List of capitals in the United States, capital is Augusta, Maine, Augusta, and List of municipalities in Maine, its most populous c ...
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Missouri Compromise
The Missouri Compromise (also known as the Compromise of 1820) was federal legislation of the United States that balanced the desires of northern states to prevent the expansion of slavery in the country with those of southern states to expand it. It admitted Missouri as a Slave states and free states, slave state and Maine#Statehood, Maine as a free state and declared a policy of prohibiting slavery in the remaining Louisiana Purchase lands north of the parallel 36°30′ north, 36°30′ parallel. The 16th United States Congress passed the legislation on March 3, 1820, and President James Monroe signed it on March 6, 1820. Earlier, in February 1819, Representative James Tallmadge Jr., a Democratic-Republican Party, Democratic-Republican (Jeffersonian Republican) from New York (state), New York, had submitted two amendments to Missouri's request for statehood that included restrictions on slavery. Southerners objected to any bill that imposed federal restrictions on slavery and ...
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New Hampshire
New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the north. Of the List of states and territories of the United States, 50 U.S. states, New Hampshire is the List of U.S. states and territories by area, seventh-smallest by land area and the List of U.S. states and territories by population, tenth-least populous, with a population of 1,377,529 residents as of the 2020 United States census, 2020 census. Concord, New Hampshire, Concord is the List of capitals in the United States, state capital and Manchester, New Hampshire, Manchester is the List of municipalities in New Hampshire, most populous city. New Hampshire's List of U.S. state mottos, motto, "Live Free or Die", reflects its role in the American Revolutionary War; its state nickname, nickname, "The Granite State", refers to its ext ...
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