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Johnson V. McIntosh
''Johnson v. McIntosh'', 21 U.S. (7 Wheat.) 543 (1823), also written ''M‘Intosh'', is a landmark decision of the Supreme Court of the United States, U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans in the United States, Native Americans. As the facts were recited by Chief Justice John Marshall, the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder of a federal land patent. The case is one of the most influential and well-known decisions of the Marshall Court, a fixture of the first-year curriculum in nearly all Law school in the United States, U.S. law schools. Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related Discovery doctrine, doctrine of discovery. However, the vast majority of the opinion is ''dicta''; as valid title is a basic element of the cause of action for ejectment, the hold ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (law)
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see '' hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dicta
In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal terminology, a ''dictum'' is a statement of opinion considered authoritative (although not binding), given the recognized authoritativeness of the person who pronounced it."dictum", Black's Law Dictionary (8th ed. 2004); C.J.S. Courts §§ 142-143. There are multiple subtypes of ''dicta'', although due to their overlapping nature, legal practitioners in the U.S. colloquially use ''dictum'' to refer to any statement by a court the scope of which extends beyond the issue before the court. ''Dicta'' in this sense are not binding under the principle of ''stare decisis'', but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include: * '' di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Or Controversy Clause
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing. First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear. For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized sense (i.e. no more or less than people at large), and allows only the adjudication o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five major unincorporated territories, nine United States Minor Outlying Islands, Minor Outlying Islands, and 326 Indian reservations. The United States is also in Compact of Free Association, free association with three Oceania, Pacific Island Sovereign state, sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Palau, Republic of Palau. It is the world's List of countries and dependencies by area, third-largest country by both land and total area. It shares land borders Canada–United States border, with Canada to its north and Mexico–United States border, with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the List of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William McIntosh (fur Trader)
William McIntosh (c. 1760 – July 1832; also printed as "M‘Intosh") was a fur trader, treasurer of the Indiana Territory under William Henry Harrison, and real estate entrepreneur. He became famous for the United States Supreme Court case of '' Johnson v. McIntosh'' (1823) and for his massive real estate holdings on the Wabash River. For a time he was a close friend of William Henry Harrison, but their relationship eventually soured and Harrison sued him for slander. When Harrison won the lawsuit, McIntosh was forced to pay him a large sum of money. Early years William McIntosh was born in Aberdeen, Scotland around 1760. In Scotland he served as a lieutenant in the Northern Fencibles from 1778 to 1781 and then emigrated to Canada. In 1785 he moved to Vincennes, Indiana and operated as a fur trader in the Illinois country along the Wabash River. About 1815-20 he moved to a tract of land he owned on the Illinois side of the Wabash River, near the present site of Mount Carmel, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Johnson (jurist)
Thomas Johnson (November 4, 1732 – October 26, 1819) was an 18th-century American lawyer, politician, and patriot. He was a delegate to the First Continental Congress in 1774, where he signed the Continental Association; commander of the Maryland militia in 1776; and elected first (non-Colonial) governor of Maryland in 1777. Throughout his career, Johnson maintained a personal and political friendship with George Washington, who gave him a recess appointment as an associate justice of the Supreme Court in August 1791. He served only briefly, resigning in January 1793, citing health issues. Life before the Revolution Thomas Johnson was born in Calvert County, Maryland, on November 4, 1732, to Thomas and Dorcas Sedgwick Johnson. His grandfather, also named Thomas, was a lawyer in London who had emigrated to Maryland sometime before 1700. The younger Thomas was the fourth of ten children, some of whom later had large families of their own. (Louisa Johnson, daughter of his b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George III
George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death in 1820. He was the longest-lived and longest-reigning king in British history. He was concurrently Duke and Prince-elector of Brunswick-Lüneburg ("Hanover") in the Holy Roman Empire before becoming King of Hanover on 12 October 1814. He was a monarch of the House of Hanover but, unlike his two predecessors, he was born in Great Britain, spoke English as his first language and never visited Hanover. George's life and reign were marked by a series of military conflicts involving his kingdoms, much of the rest of Europe, and places farther afield in Africa, the Americas and Asia. Early in his reign, Great Britain defeated France in the Seven Years' War, becoming the dominant European power in North Ameri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Proclamation Of 1763
The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Proclamation forbade all settlements west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve. Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the colonies and would become a contributing factor leading to the American Revolution. The 1763 proclamation line is situated similar to the Eastern Continental Divide, extending from Georgia to the divide's northern terminus near the middle of the northern border of Pennsylvania, where it intersects the northeasterly St. Lawrence Divide, and extends further thro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cherokee Nation V
The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, they were concentrated in their homelands, in towns along river valleys of what is now southwestern North Carolina, southeastern Tennessee, edges of western South Carolina, northern Georgia (U.S. state), Georgia, and northeastern Alabama. The Cherokee language is part of the Iroquoian languages, Iroquoian language group. In the 19th century, James Mooney, an early American Ethnography, ethnographer, recorded one oral tradition that told of the Tribe (Native American), tribe having migrated south in ancient times from the Great Lakes region, where other Iroquoian Peoples, Iroquoian peoples have been based. However, anthropologist Thomas R. Whyte, writing in 2007, dated the split among the peoples as occurring earlier. He believes that the ori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chain Of Title
A chain of title is the sequence of historical transfers of title to a property. It is a valuable tool to identify and document past owners of a property and serves as a property's historical ownership timeline. The "chain" runs from the present owner back to the original owner of the property. In situations where documentation of ownership is important, it is often necessary to reconstruct the chain of title. To facilitate this, a record of title documents may be maintained by a registry office or civil law notary. Chain of title for real property Real estate is one field where the chain of title has considerable significance. In real estate transactions in the United States, insurance companies issue title insurance based upon the chain of title to the property when it is transferred. Title insurance companies sometimes maintain private title plants that track real estate titles in addition to the official records. In other cases, the chain of title is established by an abst ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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