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Nonacquiescence
In law, nonacquiescence is the intentional failure by one branch of the government to comply with the decision of another to some degree. It tends to arise only in governments that feature a strong separation of powers, such as in the United States, and is much rarer in governments where such powers are partly or wholly fused. Nonacquiescence may lead to a constitutional crisis, given certain critical situations and decisions. History The issue of nonacquiescence first came to national prominence at the beginning of the American Civil War, in the famous case of '' Ex parte Merryman'' (1861). ''Merryman'' involved the executive branch's refusal to comply with a U.S. circuit court decision that President Abraham Lincoln's suspension of the writ of ''habeas corpus'' was invalid. Contemporary use In the United States, federal agencies might practice nonacquiescence by refusing to accept the validity of unfavorable court decisions as binding precedent. Exceptionally, the Socia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte Merryman
''Ex parte Merryman'', 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial U.S. federal court case during the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of ''habeas corpus''" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. William H. Rehnquist, ''All the Laws But One'' (New York: Knopf, 1998), pp. 27-39. More generally, the case raised questions about the ability of the executive branch to decline to enforce judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers. John Merryman was a prominent planter from Baltimore County, Maryland, who had been arrested at his rural plantation for destroying railroad bridges on which Union troops were traveling. Held prisoner in Fort McHenry in Baltimore harbor, he was kept inaccessible to the judiciary and to civilian legal authorities ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abraham Lincoln
Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War, defeating the Confederate States of America and playing a major role in the End of slavery in the United States, abolition of slavery. Lincoln was born into poverty in Kentucky and raised on the American frontier, frontier. He was self-educated and became a lawyer, Illinois state Illinois House of Representatives, legislator, and U.S. representative. Angered by the Kansas–Nebraska Act of 1854, which opened the territories to slavery, he became a leader of the new History of the Republican Party (United States), Republican Party. He reached a national audience in the Lincoln–Douglas debates, 1858 Senate campaign debates against Stephen A. Douglas. Lincoln won the 1860 United States presidential election, 1860 presidential election, wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. History Antiquity Polybius (''Histories'', Book 6, 11–13) described the Roman Republic as a mixed government ruled by the Roman Senate, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Binding Precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquiescence
In law, acquiescence occurs when a person knowingly stands by, without raising any objection to, the infringement of their rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement. The doctrine infers a form of " permission" that results from silence or passiveness over an extended period of time. Overview Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case law. One common context in which acquiescence is raised is when there is a dispute or disagreement over the location of a property line, followed by an extended period of time during which the parties respect a property line. Even if it is later discovered that the actual property line was in a different location, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ABA Journal
The ''ABA Journal'' (since 1984, formerly ''American Bar Association Journal'', 1915–1983, evolved from '' Annual Bulletin'', 1908–1914) is a monthly legal trade magazine and the flagship publication of the American Bar Association. It is now complemented online by a full-featured website, abajournal.com and its various e-newsletters and apps. History Bulletin In 1908, the ''Annual Bulletin'' was founded by the Comparative Law Bureau (1907–1933) of the American Bar Association. The first comparative law journal in the U.S., it surveyed foreign legislation and legal literature. Circulated to all ABA members, it ran from 1908 to 1914 and was absorbed in 1915 by the ABA's newly formed ''Journal''. Journal In 1915, the ''American Bar Association Journal'' (abbreviated ''Am. Bar Assoc. j.'') was founded as a quarterly magazine. Published by the ABA, it ran under this title from January 1915 to December 1983, for volume 1 to 69. Quarterly from 1915 to 1920LOC, "American Bar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Bar Association
The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 24.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. In 2016, about one third of the 1.3 million practicing lawyers in the U.S. were included in the ABA membership of 400,000, with figures largely unchanged in 2024. The organization's national headquarters are in Chicago, Illinois, with a branch office in Washington, D.C.. The association is affiliated with the law, legal, and professional research sponsoring organization the American Bar Foundation. History The ABA wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the Federal government of the United States, United States federal government, which is responsible for collecting Taxation in the United States, U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory tax law. It is an agency of the United States Department of the Treasury, Department of the Treasury and led by the Commissioner of Internal Revenue, who is appointed to a five-year term by the President of the United States. The duties of the IRS include providing tax assistance to taxpayers; pursuing and resolving instances of erroneous or fraudulent tax filings; and overseeing various benefits programs, including the Affordable Care Act. The IRS originates from the Commissioner of Internal Revenue, a federal office created in 1862 to assess the nation's first income tax to fund the American Civil War. The temporary measure funded over a fifth of the Union's war expens ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Security Administration
The United States Social Security Administration (SSA) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, U.S. federal government that administers Social Security (United States), Social Security, a social insurance program consisting of retirement, disability and survivor benefits. The Social Security Administration was established by the Social Security Act of 1935 and is codified in (). It was created in 1935 as the "Social Security Board", then assumed its present name in 1946. Its current leader is Commissioner Frank Bisignano. SSA offers its services to the public through 1,200 field offices, a website, and a national toll-free number. Field offices, which served 43 million individuals in 2019, were reopened on April 7, 2022 after being closed for two years due to the COVID-19 pandemic. SSA is headquartered in Woodlawn, Baltimore County, Maryland, Woodlawn, Maryland, just to the west of Baltimore, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gregory Sisk
Gregory Charles Sisk is an American legal scholar. Sisk earned his bachelor's degree from Montana State University and studied law at the University of Washington School of Law. He taught for twelve years at the Drake University Law School, where he held the Richard M. & Anita Calkins Distinguished Professorship, before joining the University of St. Thomas School of Law in 2003, where he is the Pio Cardinal Laghi Distinguished Chair in Law. Sisk is an elected member of the American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars limited to 3,000 elected members and established in 1923 to promote the clarification and simplification of United States common law and i .... References Living people American legal scholars University of St. Thomas (Minnesota) faculty University of Washington School of Law alumni Drake University faculty Montana State University alumni Members of the American Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ... [...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] |
