judiciary act of 1789 was an example of

2684 results for judiciary act of 1789 was an example of

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  • 14 U.S. 304 (1816), Martin v. Hunter's Lessee

    ... show that it was agreed, both by its friends and foes, that the judiciary power extends to this class of cases.  In the conventions, by which the ... as judges determining by a foreign law, in a case of lex loci, for example; they act upon it as a municipal law of the state where they sit, but ...

  • 618 F.2d 453 (7th Cir. 1980), 79-1517, United States v. One 1976 Mercedes Benz 280S, Serial No. 11602012072193

    ...         The often praised original Judiciary Act of 1789 28 (more correctly entitled An Act to Establish the Judicial ...For example, in Mitchell v. Torup, Parker 227, 145 English Reprint 764 (Hilary term, ...

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

    ... state denies.  On several of the matters alleged in the bill, for example on the laws making it criminal to exercise the usual powers of self ... the question, whether they can be considered as states under the judiciary article of the constitution. 1.  They never have been recognized as ...

  • 477 F.2d 1073 (3rd Cir. 1972), 71-1871, Conover v. Montemuro

    ... the states and in protecting constitutional rights, the federal judiciary must be alert to the dangers inherent in deciding cases more broadly than ...For example, because the named plaintiffs are not presently being subjected to the ...

  • 527 U.S. 198 (1999), 98-727, Cunningham v. Hamilton County

    ...It descends from the Judiciary Act of 1789, where "the First Congress established the principle that only ...Livesay, 437 U.S. 463, 469 (1978). In Van Cauwenberghe, for example, we held that the denial of a motion to dismiss on the ground of forum ...

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

    ...For example, a statute might declare that a permitted refusal to testify would compel ...Senator Trumbull, Chairman of the Senate Judiciary Committee, who offered the bill in the Senate on behalf of that Committee, ...

  • 630 F.2d 876 (2nd Cir. 1980), 191, Filartiga v. Pena-Irala

    ... for a tort only (committed) in violation of the law of nations." Judiciary Act of 1789, ch. 20, § 9(b), 1 Stat. 73, 77 (1789), codified at 28 U.S.C. ... searching preliminary review of the merits than is required, for example, under the more flexible "arising under" formulation. . . Compare ...

  • __ 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: ... national borders (for example, "disputes relating to. prizes, to shipwrecks, to hostages, and ...

  • __ 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...

    ... crime or a class of offenders. When, for example, this Court. held in Graham v. Florida, 560 U.S. 48, 130. ... 1789 Judiciary Act, understood its scope to reflect ". the black-letter principle ...

  • __ 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 ... .          In Mueller , for example, this Court held that a bankruptcy referee could exercise summary ...

  • __ U.S. __ (2019), 17-646, Gamble v. United States

    ...example. An. assault on a United States marshal, we said, would offend. ... Judiciary— with systematically developing the laws that. govern our society. ...

  • 268 U.S. 619 (1925), 739, Robertson v. Railroad Labor Board

    ...300, 330. Such was the general rule established by Judiciary Act Sept. 24, 1789, c. 20, § 11, 1 Stat. 73, 79, in accordance with the ...308, 311, 314; Judicial Code, §§ 50, 52. 3 See, for example, Judicial Code, §§ 43, 44, 45, 48; Act March 4, 1909, c. 320, § 35, 35 ...

  • 382 F.3d 348 (3rd Cir. 2004), 03-2184, Golden ex rel. Golden v. Golden

    ...For example, the complaint asserts a cause of action for slander by Appellant Earwood ... opinions by the Court were more explicit as to the reason: the Judiciary Act of 1789 and its successors granted the federal courts equitable powers ...

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

    ...In Whiteman, for example, we addressed "when, and to what extent, . . . the stated foreign policy ...§ 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 ...

  • 355 U.S. 313 (1958), 48, Staub v. City of Baxley

    ...That seemingly technical procedural provision of the First Judiciary Act has served as one of the most nationalizing forces in our history. By ...The ordinance involved in this case might, for example, have been held inapplicable to the type of organization to which ...

  • 727 F.3d 751 (7th Cir. 2013), 12-1349, Wellness Int'l Network, Ltd. v. Sharif

    ... III, § 1, vests the " judicial Power of the United States" in a judiciary with judges who enjoy life tenure (subject to removal only by impeachment) ..., much of the discovery that he tendered was deficient--for example, he failed to verify and/or sign his interrogatory responses, and instead ...

  • 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 ...Woolsey, 59 U.S. 331, 18 How. 331, 15 L.Ed. 401 (1855), for example, plaintiff, a Connecticut citizen and an investor in an Ohio corporation, ...

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

    ...         A prime example of this protection occurred in 1979. Jeremiah O'Sullivan, a federal ..., 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 ...

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

    ...judiciary, and, except in cases purely political, Congress has no constitutional ... chiefs of said bands in preserving order and inducing, by their example and advice, the members of their respective bands to adopt the habits and ...

  • 3 U.S. 199 (1796), Ware v. Hylton

    ... the government, though disgraceful, would be obligatory on the judiciary department. .         2nd, But it is now to be considered, ..., the general law of nations ought to prevail.  ' He gives many examples of confiscating debts, and concludes, (p. 119) 'All which prove, that not ...

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

    ... the words in somewhat of a more popular sense.  We speak, for example, familiarly of a usurious contract, and yet we say, speaking technically, ... 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 ...

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

    ...In the Judiciary Act of 1789, the Congress conferred upon the district courts of the United ... that former criteria of jurisdiction be abandoned -- as, for example, they were abandoned in discarding the doctrine that the admiralty ...

  • 554 U.S. 570 (2008), 07-290, District of Columbia v. Heller

    ... whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or ..." any of those rights, it would "be the province of the judiciary to pronounce whether any such act were constitutional, or not; and if not, ...