judiciary act of 1789 definition

1716 results for judiciary act of 1789 definition

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  • 43 U.S. 497 (1844), Louisville, C. & C.r. Co. v. Letson

    ...; and so falls within the letter as well as the spirit of the Judiciary act; as a suit between citizens of the state in which the action is ....         The first consequence of this definition is, that the whole is essentially and unchangeably different from all the ...

  • 30 U.S. 1 (1831), Cherokee Nation v. State Of Ga.

    ... the question, whether they can be considered as states under the judiciary article of the constitution. 1.  They never have been recognized as ... . to the definitions of a state or nation by any foreign writer, hypothetical reasoning, or the ...

  • 70 F.3d 232 (2nd Cir. 1995), 1541, Kadic v. Karadzic

    ... the "Bosnian-Serb entity" headed by Karadzic does not meet the definition of a state. Doe, 866 F.Supp. at 741 n. 12. Appellants contend that they ... cases of this nature might pose special questions concerning the judiciary's proper role when adjudication might have implications in the conduct of ...

  • 332 U.S. 46 (1947), 102, Adamson v. California

    ...Senator Trumbull, Chairman of the Senate Judiciary Committee, who offered the bill in the Senate on behalf of that Committee, ...1711] persuaded that the definition of privileges and immunities given by Mr. Tucker in Spies v. Illinois, ...

  • 85 U.S. 163 (1874), Ex Parte Lange

    ... of the United States, and the fourteenth section of the Judiciary Act of 1789, to issue this writ, and to examine the proceedings in the ... cases in which the act charged was such as to come within the definition of more than one statutory offence, or to bring the party within the ...

  • __ U.S. __, 16-499, Jesner v. Arab Bank, PLC

    ... . .          (a) The. Judiciary Act of 1789 included what is now known as the ATS,. which provides: ... terms provide or delineate the definition of a cause of. action for international-law violations. Sosa v. ...

  • 504 F.3d 254 (2nd Cir. 2007), 05-2141, Khulumani v. Barclay Natl. Bank Ltd.

    ... as federal common law, are mitigated by the specific definition and mutuality requirements."). I do, however, view the Court's instruction ...§ 1350. The First Congress enacted the statute as part of the Judiciary Act of 1789. Over the course of the last 200-odd years, the text of the ...

  • 221 U.S. 533 (1911), 135, Carpenter v. Winn

    ...    Section 724 is substantially the fifteenth section of the Judiciary Act of 1789. It reads as follows:. In the trial of actions at law, the ...3 Bl.Com. 350. This definition is adopted by Bouvier. In Miller v. Tobin, 18 F. . 609, 616, Judge Deady ...

  • 408 F.3d 877 (7th Cir. 2005), 03-3089, Enahoro v. Abubakar

    ... . .         The definition does not explicitly include individuals who either head the government or ... maintained under an existing law, section 1350 of the Judiciary Act of 1789 (the Alien Tort Claims Act), which permits Federal district ...

  • __ U.S. __ (2015), 13-935, Wellness International Network, Ltd. v. Sharif

    Sharif tried to discharge a debt to Wellness in his Chapter 7 bankruptcy. Wellness argued that a trust Sharif claimed to administer was actually Sharif’s alter ego, and that its assets were part of his bankruptcy estate. The Bankruptcy Court entered default judgment against Sharif. While appeal was pending, but before briefing concluded, the Supreme Court held (Stern v. Marshall) that Article III

    ... " will have on the constitutionally assigned role of the federal judiciary," ibid. For several reasons, this practice does not usurp the ... of the [191 L.Ed.2d 946] Constitution, not because of the definition of judicial power in Article III itself. See Nelson, Adjudication in the ...

  • Patent Infringement: Defensive Strategies for IP Violators.

    ...This original definition of patentable IPs has largely remained the basis for determining the type ...judiciary (Bedford v. Hunt, 1817). The 1790 patent statue required patent applicants ...

  • 272 U.S. 52 (1926), 2, Myers v. United States

    ...He was the author of the Judiciary Act in that Congress, and subsequently Chief Justice of the United States. ... vested in the President by Article II, according to its usual definition, and the implication of his power of removal of such officers from the ...

  • 640 F.3d 72 (3rd Cir. 2011), 09-3532, Landsman & Funk PC v. Skinder-Strauss Associates

    ... of diversity jurisdiction to the federal courts, first under the Judiciary Act of 1789, then as codified at 28 U.S.C. § 1332. As did the Gottlieb ... under the TCPA, " [t]here is no ‘ single, precise definition’ of when a case falls within the original ‘ federal question’ ...

  • 225 F.3d 78 (1st Cir. 2000), 99-2292, US v. Flemmi

    ...Virtually by definition, a government agent possesses express authority to bind the government if ..., which dates back almost to the birth of the Republic, see Judiciary Act of 1789, ch. 20, § 35, 1 Stat. 73, 92 (1789), derives directly from ...

  • __ U.S. __ (2016), 14-280, Montgomery v. Louisiana

    Montgomery was 17 years old in 1963, when he killed a deputy in Louisiana. The jury returned a verdict of “guilty without capital punishment,” which carried an automatic sentence of life without parole. Nearly 50 years later, the Supreme Court decided, in Miller v. Alabama, that mandatory life without parole for juvenile offenders violates the Eighth Amendment’s prohibition on cruel and unusual...

    ... conviction or sentence is, by definition, unlawful. In. contrast, where procedural error has infected a ... 1789 Judiciary Act, understood its scope to reflect ". the black-letter principle ...

  • 465 F.3d 304 (7th Cir. 2006), 04-3528, Jones v. Brennan

    ...          When Congress in the Judiciary Act of September 24, 1789, § 11, 1 Stat. 73, conferred on the federal ... common law or in equity," which is narrower than Article III's definition of the federal judicial power, probate and domestic relations were, the ...

  • 175 U.S. 1 (1899), 7, Jones v. Meehan

    ... place, subject only to its selection in due form and to the definition of its boundaries by survey and patent.         The right of ...judiciary, and, except in cases purely political, Congress has no constitutional ...

  • 279 U.S. 655 (1929), 565, The Pocket Veto Case

    ...And for like reason, at the request of the Committee on the Judiciary of the House of Representatives, we granted Mr. Sumners, a member of that ... That is, it provides in the same phrase, and with no change in definition, that the "House" to which the bill is to be returned is that which. . ...

  • 293 U.S. 21 (1934), 13, Detroit Trust Co. v. The Thomas Barlum

    ... mortgage." If the mortgage is a preferred mortgage within the definition of the Act, jurisdiction is granted; otherwise not. "Preferred mortgages" ...In the Judiciary Act of 1789, the Congress conferred upon the district courts of the United ...

  • 25 U.S. 213 (1827), Ogden v. Saunders

    ...         The definition given by the Court in Sturges v. Crowninshield, is sufficient for our ... the justice and honour of the States for his security.  Every judiciary in the Union owes its existence to some legislative act; what is to ...

  • 57 F.3d 1340 (4th Cir. 1995), 94-7206, Torcasio v. Murray

    ... into state prison management is in part due to the fact that the judiciary lacks the expertise of the executive and the legislature in such matters, ...         Similarly, the definition of "qualified individual with a disability" is not naturally read as ...

  • __ U.S. __ (2015), 14-556, Obergefell v. Hodges

    ... and whom to marry is among life's momentous acts of self-definition".\" Goodridge , 440 Mass., at 322, 798 N.E.2d, at 955. .         \xC2"...1932, 52 L.Ed.2d 531 (White, J., dissenting) (" The Judiciary, including this Court, is the most vulnerable and comes nearest to ...