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Richards V. Washington Terminal Co
''Richards v. Washington Terminal Company'', 233 U.S. 546 (1914), was a case decided by the Supreme Court of the United States resolving the question when a government-created nuisance Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") ... amounted to a taking of property under the Fifth Amendment's Takings Clause of the United States Constitution. Facts and holding In ''Richards'', the Court in a 8–1 decision, held that any diminution of the value of property not directly invaded nor peculiarly affected by a government-created nuisance, but instead sharing in the common burden of incidental damages arising from the legalized nuisance, is not a taking under the U.S. Constitution. The case involved a landowner who claimed that they were injured from the smoke, dust, cinders, and g ...
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Mahlon Pitney
Mahlon R. Pitney IV (February 5, 1858 – December 9, 1924) was an American lawyer, jurist, and politician who served in the U.S. House of Representatives for two terms from 1895 to 1899. He later served as an Associate Justice of the U.S. Supreme Court from 1912 to 1922. Early life and education The American Pitney family dates back to 1720 when two Scots—Johnathan and James Pitney—settled the Pitney farm in Mendham Township, New Jersey. James's son Mahlon Pitney fought in the American Revolutionary War alongside General George Washington. Mahlon Pitney IV was born in Morristown, the son of Sarah Louise (née Halsted) and Henry Cooper Pitney. He attended the College of New Jersey, now Princeton University, where he was a classmate of Woodrow Wilson and served as manager of the campus baseball team. Upon graduation in 1879, he read law at his father's practice. Pitney passed the bar exam in 1882 and set up a private practice in Dover, working for a time in partnership with hi ...
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Horace Harmon Lurton
Horace Harmon Lurton (February 26, 1844 – July 12, 1914) was an Associate Justice of the Supreme Court of the United States and previously was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit and of the United States Circuit Courts for the Sixth Circuit. Early life Lurton was born on February 26, 1844, in Newport, Kentucky. He attended the Old University of Chicago, then received a Bachelor of Laws in 1867 from Cumberland School of Law (then part of Cumberland University, now part of Samford University). He served in the Confederate States Army as a Sergeant Major with the 5th Tennessee Infantry, 2nd Kentucky Infantry and 3rd Kentucky Cavalry from 1861 to 1865. He was twice captured by Union forces, the second time sent as a prisoner of war to Johnson's Island Prison Camp in Sandusky Bay, Ohio. He claimed he was later paroled by President Lincoln because of pleas for mercy from his mother but this was merely an anecdote ...
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Supreme Court Of The United States
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 ...
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Nuisance In English Law
Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a laimants land or his/her use or enjoyment of that land", and public nuisance, where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects"; public nuisance is also a crime. Both torts have been present from the time of Henry III, being affected by a variety of philosophical shifts through the years which saw them become first looser and then far more stringent and less protecting of an individual's rights. Each tort requires the claimant to prove that the defendant's actions caused interference, which was unreasonable, and in some situations the intention of the defendant may also be taken into account. A significant difference is that private nuisance does not allow a claimant to claim for any personal injury s ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a col ...
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Constitution Of The United States
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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Hopkins V
Hopkins is an English, Welsh and Irish patronymic surname. The English name means "son of Hob". ''Hob'' was a diminutive of ''Robert'', itself deriving from the Germanic warrior name ''Hrod-berht'', translated as "renowned-fame". The Robert spelling was introduced to England and Scotland after the Norman conquest of England. The surname Hopkins or Hopcyn is associated with, and most common in Wales. A typical Welsh patronym, it is first recorded as ''ab Popkyn'' (son of Hopkin) in Monmouth, in the early 17th century, and became a standardized surname under English law. The name in Ireland is an Anglicisation of the Irish Gaelic surname ''Mac Oibicin''. People surnamed Hopkins * Anna Hopkins (born 1987), Canadian actress * Andrew Delmar Hopkins (1857–1948), American entomologist * Sir Anthony Hopkins (born 1937), actor * Antony Hopkins, composer * A. G. Hopkins Antony Gerald Hopkins, British historian * Arthur F. Hopkins (1794–1865), husband of Juliet Opie Hopkins * Berna ...
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1914 In United States Case Law
This year saw the beginning of what became known as World War I, after Archduke Franz Ferdinand of Austria, heir to the Austrian throne was assassinated by Serbian nationalist Gavrilo Princip. It also saw the first airline to provide scheduled regular commercial passenger services with heavier-than-air aircraft, with the St. Petersburg–Tampa Airboat Line. Events January * January 1 – The St. Petersburg–Tampa Airboat Line in the United States starts services between St. Petersburg and Tampa, Florida, becoming the first airline to provide scheduled regular commercial passenger services with heavier-than-air aircraft, with Tony Jannus (the first federally-licensed pilot) conveying passengers in a Benoist XIV flying boat. Abram C. Pheil, mayor of St. Petersburg, is the first airline passenger, and over 3,000 people witness the first departure. * January 11 – The Sakurajima volcano in Japan begins to erupt, becoming effusive after a very large earthquake ...
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Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a State (polity), state, Province, provincial, or government, national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – Ju ...
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