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Criminal law in the Marshall Court

Index Criminal law in the Marshall Court

The Marshall Court (1801–1835) heard forty-one criminal law cases, slightly more than one per year. [1]

124 relations: Accessory (legal term), Act to Protect the Commerce of the United States and Punish the Crime of Piracy, Akhil Amar, Alexander Hamilton, All Writs Act, Amount in controversy, Arlington County, Virginia, Arrest warrant, Article One of the United States Constitution, Article Three of the United States Constitution, Articles of Confederation, Assimilative Crimes Act, Barron v. Baltimore, Best evidence rule, Burden of proof (law), Burr conspiracy, Canada, Capias pro fine, Capital punishment, Certificate of division, Cohens v. Virginia, Common law offence, Congress of the Confederation, Constitutional Convention (United States), Contempt of court, Counterfeit money, Crimes Act of 1790, Crimes Act of 1825, Criminal procedure, Daniel Webster, District of Columbia Organic Act of 1801, Double jeopardy, Double Jeopardy Clause, Due Process Clause, Ex parte Bollman, Federalist No. 21, Felix Frankfurter, Fifth Amendment to the United States Constitution, First Bank of the United States, Fourteenth Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Francis Wharton, Habeas corpus in the United States, Hearsay in United States law, Incorporation of the Bill of Rights, Insurance fraud, International law, James Iredell, James M. Landis, James Wilkinson, ..., James Wilson, John Quincy Adams, Joseph Story, Judicial Code of 1911, Judiciary Act of 1789, Judiciary Act of 1793, Judiciary Act of 1802, Judiciary Act of 1891, Jury selection, Justice of the peace, Lesser included offense, Lex loci delicti commissi, List of criminal cases in the Marshall Court, List of United States Supreme Court cases prior to the Marshall Court, Magistrate, Mandamus, Marshall Court, Mens rea, Midnight Judges Act, Misdemeanor, Mootness, Motion (legal), Neutrality Act of 1794, New trial, Nolle prosequi, Nulla poena sine lege, Oliver Ellsworth, Original jurisdiction, Pardon, Party admission, Peremptory challenge, Prerogative writ, Principal (criminal law), Prison, Pro forma, Reconstruction era, Revised Statutes of the United States, Richard Peters (Continental Congress), Richard Rush, Riding circuit, Samuel Swartwout, Second Bank of the United States, Selective enforcement, Sentence (law), Territory of Orleans, The Business of the Supreme Court, Tigris, Treason, Trial, U.S. state, United States Attorney, United States Bill of Rights, United States circuit court, United States Circuit Court of the District of Columbia, United States Constitution, United States constitutional criminal procedure, United States district court, United States federal judicial district, United States Military Academy, United States presidential election, 1800, United States v. Hamilton, United States v. Hudson, United States v. Lawrence, United States v. More, United States v. Perez, United States v. Simms, United States v. Wilson, War of 1812, Washington, D.C., Whiskey Rebellion, William Cranch, William Pinkney, Worcester v. Georgia, 1st United States Congress. Expand index (74 more) »

Accessory (legal term)

An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal.

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Act to Protect the Commerce of the United States and Punish the Crime of Piracy

An Act to protect the commerce of the United States and punish the crime of piracy is an 1819 United States federal statute against piracy, amended in 1820 to declare participating in the slave trade or robbing a ship to be piracy as well.

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Akhil Amar

Akhil Reed Amar (born September 6, 1958) is an American legal scholar, an expert on constitutional law and criminal procedure.

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Alexander Hamilton

Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was a statesman and one of the Founding Fathers of the United States.

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All Writs Act

The All Writs Act is a United States federal statute, codified at, which authorizes the United States federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." The act in its original form was part of the Judiciary Act of 1789.

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Amount in controversy

Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount (or below a certain maximum amount) before that court may hear the case.

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Arlington County, Virginia

Arlington County is a county in the Commonwealth of Virginia, often referred to simply as Arlington or Arlington, Virginia.

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Arrest warrant

An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.

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Article One of the United States Constitution

Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress.

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Article Three of the United States Constitution

Article Three of the United States Constitution establishes the judicial branch of the federal government.

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Articles of Confederation

The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 original states of the United States of America that served as its first constitution.

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Assimilative Crimes Act

The Assimilative Crimes Act,, makes state law applicable to conduct occurring on lands reserved or acquired by the Federal government as provided in, when the act or omission is not made punishable by an enactment of Congress.

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Barron v. Baltimore

Barron v. Baltimore,, is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law.

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Best evidence rule

The best evidence rule is a legal principle that holds an original copy of a document as superior evidence.

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Burden of proof (law)

The burden of proof (onus probandi) is the obligation of a party in a trial to produce the evidence that will prove the claims they have made against the other party.

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Burr conspiracy

The Burr conspiracy was a suspected treasonous cabal of planters, politicians, and army officers in the early 19th century.

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Canada

Canada is a country located in the northern part of North America.

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Capias pro fine

Capias pro fine are writs or warrants issued after the defendant defaults on an agreement with the court.

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Capital punishment

Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is put to death by the state as a punishment for a crime.

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Certificate of division

A certificate of division was a source of appellate jurisdiction from the circuit courts to the Supreme Court of the United States from 1802 to 1911.

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Cohens v. Virginia

Cohens v. Virginia,, is a landmark case by the United States Supreme Court most notable for the Court's assertion of its power to review state supreme court decisions in criminal law matters when the defendant claims that their Constitutional rights have been violated.

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Common law offence

Common law offences are crimes under English criminal law and the related criminal law of other Commonwealth countries.

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Congress of the Confederation

The Congress of the Confederation, or the Confederation Congress, formally referred to as the United States in Congress Assembled, was the governing body of the United States of America that existed from March 1, 1781, to March 4, 1789.

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Constitutional Convention (United States)

The Constitutional Convention (also known as the Philadelphia Convention, the Federal Convention, or the Grand Convention at Philadelphia) took place from May 25 to September 17, 1787, in the old Pennsylvania State House (later known as Independence Hall because of the adoption of the Declaration of Independence there eleven years before) in Philadelphia.

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Contempt of court

Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or discourteous toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court.

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Counterfeit money

Counterfeit money is imitation currency produced without the legal sanction of the state or government.

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Crimes Act of 1790

The Crimes Act of 1790 (or the Federal Criminal Code of 1790), formally titled An Act for the Punishment of Certain Crimes Against the United States, defined some of the first federal crimes in the United States and expanded on the criminal procedure provisions of the Judiciary Act of 1789.

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Crimes Act of 1825

The Crimes Act of 1825 (also known as the Federal Criminal Code of 1825), formally titled An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes, was the first piece of omnibus federal criminal legislation since the Crimes Act of 1790.

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Criminal procedure

Criminal procedure is the adjudication process of the criminal law.

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Daniel Webster

Daniel Webster (January 18, 1782October 24, 1852) was an American politician who represented New Hampshire (1813–1817) and Massachusetts (1823–1827) in the United States House of Representatives; served as a Senator from Massachusetts (1827–1841, 1845–1850); and was the United States Secretary of State under Presidents William Henry Harrison (1841), John Tyler (1841–1843), and Millard Fillmore (1850–1852).

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District of Columbia Organic Act of 1801

The District of Columbia Organic Act of 1801, officially An Act Concerning the District of Columbia (6th Congress, 2nd Sess., ch. 15,, February 27, 1801), is an Organic Act enacted by the United States Congress in accordance with Article 1, Section 8 of the United States Constitution.

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Double jeopardy

Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.

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Double Jeopardy Clause

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense.

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Due Process Clause

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause.

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Ex parte Bollman

Ex parte Bollman,, was a case brought before the United States Supreme Court.

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Federalist No. 21

Federalist No.

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Felix Frankfurter

Felix Frankfurter (November 15, 1882February 22, 1965) was an American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States.

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Fifth Amendment to the United States Constitution

The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and, among other things, protects individuals from being compelled to be witnesses against themselves in criminal cases.

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First Bank of the United States

The President, Directors and Company, of the Bank of the United States, commonly known as the First Bank of the United States, was a national bank, chartered for a term of twenty years, by the United States Congress on February 25, 1791.

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Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.

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Fourth Amendment to the United States Constitution

The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights that prohibits unreasonable searches and seizures.

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Francis Wharton

Francis Wharton (Philadelphia, Pennsylvania, March 7, 1820 – February 21, 1889) was an American legal writer and educationalist.

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Habeas corpus in the United States

Habeas corpus is a recourse in law challenging the reasons or conditions of a person's confinement under color of law.

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Hearsay in United States law

Hearsay is the legal term for certain statements—offered as evidence during a trial or hearing for the purpose of attempting to prove the truth of the matter asserted in the statements—that were not made while testifying at the trial or hearing itself.

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Incorporation of the Bill of Rights

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

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Insurance fraud

Insurance fraud is any act committed with the intent to obtain a fraudulent outcome from an insurance process.

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International law

International law is the set of rules generally regarded and accepted as binding in relations between states and between nations.

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James Iredell

James Iredell (October 5, 1751 – October 20, 1799) was one of the first Justices of the Supreme Court of the United States.

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James M. Landis

James McCauley Landis (September 25, 1899 – July 30, 1964) was an American academic, government official and legal adviser.

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James Wilkinson

James Wilkinson (March 24, 1757 – December 28, 1825) was an American soldier and statesman, who was associated with several scandals and controversies.

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James Wilson

James Wilson (September 14, 1742 – August 21, 1798) was one of the Founding Fathers of the United States and a signatory of the United States Declaration of Independence and the United States Constitution.

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John Quincy Adams

John Quincy Adams (July 11, 1767 – February 23, 1848) was an American statesman who served as a diplomat, minister and ambassador to foreign nations, and treaty negotiator, United States Senator, U.S. Representative (Congressman) from Massachusetts, and the sixth President of the United States from 1825 to 1829.

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Joseph Story

Joseph Story (September 18, 1779 – September 10, 1845) was an American lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845.

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Judicial Code of 1911

The Judicial Code of 1911 abolished the United States circuit courts and transferred their trial jurisdiction to the U.S. district courts.

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Judiciary Act of 1789

The Judiciary Act of 1789 (ch. 20) was a United States federal statute adopted on September 24, 1789, in the first session of the First United States Congress.

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Judiciary Act of 1793

The Judiciary Act of 1793 (ch. 22 of the Acts of the 2nd United States Congress, 2nd Session) is a United States federal statute, enacted on March 2, 1793.

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Judiciary Act of 1802

The United States Judiciary Act of 1802 (2 Stat.) was a Federal statute, enacted on April 29, 1802, to reorganize the federal court system.

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Judiciary Act of 1891

The Judiciary Act of 1891, also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts.

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Jury selection

Jury selection is the selection of the people who will serve on a jury during a jury trial.

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Justice of the peace

A justice of the peace (JP) is a judicial officer, of a lower or puisne court, elected or appointed by means of a commission (letters patent) to keep the peace.

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Lesser included offense

In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime.

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Lex loci delicti commissi

The lex loci delicti commissi is the Latin term for "law of the place where the delict was committed" in the conflict of laws.

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List of criminal cases in the Marshall Court

The Marshall Court (1801–1835) heard forty-one criminal cases.

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List of United States Supreme Court cases prior to the Marshall Court

This is a partial chronological list of cases decided by the United States Supreme Court during the tenures of Chief Justices John Jay (October 19, 1789 – June 29, 1795), John Rutledge (February 15, 1790 – March 5, 1791), and Oliver Ellsworth (March 8, 1796 – December 15, 1800), respectively the Jay, Rutledge, and Ellsworth Courts.

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Magistrate

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law.

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Mandamus

Mandamus (Latin "we command") is a judicial remedy in the form of an order from a superior court, to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty.

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Marshall Court

The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States.

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Mens rea

Mens rea (Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed.

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Midnight Judges Act

The Midnight Judges Act (also known as the Judiciary Act of 1801;, and officially An act to provide for the more convenient organization of the Courts of the United States) represented an effort to solve an issue in the U.S. Supreme Court during the early 19th century.

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Misdemeanor

A misdemeanor (American English, spelled misdemeanour in British English) is any "lesser" criminal act in some common law legal systems.

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Mootness

In law, the terms moot and mootness have different meanings in British English and American English.

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Motion (legal)

In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision.

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Neutrality Act of 1794

The Neutrality Act of 1794 makes it illegal for an American to wage war against any country at peace with the United States.

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New trial

A new trial or retrial is a recurrence of a court case.

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Nolle prosequi

Nolle prosequi is a legal term of art and a Latin legal phrase meaning "be unwilling to pursue","".

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Nulla poena sine lege

Nulla poena sine lege (Latin for "no penalty without a law") is a legal principle, requiring that one cannot be punished for doing something that is not prohibited by law.

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Oliver Ellsworth

Oliver Ellsworth (April 29, 1745 – November 26, 1807) was an American lawyer, judge, politician, and diplomat.

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Original jurisdiction

The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.

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Pardon

A pardon is a government decision to allow a person to be absolved of guilt for an alleged crime or other legal offense, as if the act never occurred.

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Party admission

The party admission, in the law of evidence, is a type of statement that appears to be hearsay (an out of court statement) but is generally exempted (excluded) from the definition of hearsay because it was made by a party to the litigation adverse to the party introducing it into evidence.

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Peremptory challenge

In English and American law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason.

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Prerogative writ

A prerogative writ is a writ (official order) directing the behavior of another arm of government, such as an agency, official, or other court.

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Principal (criminal law)

Under criminal law, a principal is any actor who is primarily responsible for a criminal offense.

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Prison

A prison, also known as a correctional facility, jail, gaol (dated, British English), penitentiary (American English), detention center (American English), or remand center is a facility in which inmates are forcibly confined and denied a variety of freedoms under the authority of the state.

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Pro forma

The term pro forma (Latin for "as a matter of form" or "for the sake of form") is most often used to describe a practice or document that is provided as a courtesy or satisfies minimum requirements, conforms to a norm or doctrine, tends to be performed perfunctorily or is considered a formality.

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Reconstruction era

The Reconstruction era was the period from 1863 (the Presidential Proclamation of December 8, 1863) to 1877.

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Revised Statutes of the United States

The Revised Statutes of the United States (in citations, Rev. Stat.) was the first official codification of the Acts of Congress.

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Richard Peters (Continental Congress)

Richard Peters (June 22, 1744 – August 22, 1828) sometimes Richard Peters, Jr., to distinguish from his uncle, though this can also mean his son Richard), was an American lawyer, jurist, and politician from Philadelphia, Pennsylvania. He was a delegate for Pennsylvania to the Continental Congress in 1782 and 1783. For many years he was a United States federal judge for Pennsylvania.

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Richard Rush

Richard Rush (August 29, 1780 – July 30, 1859) was the 8th United States Attorney General and the 8th United States Secretary of the Treasury.

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Riding circuit

Riding circuit is the practice of judges and lawyers, sometimes referred to as circuit riders, travelling to a regular series of locations in order to hold court there, but the term remains in the name "circuit court", commonly applied to levels of court that oversee many lower district courts.

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Samuel Swartwout

Samuel Swartwout (November 17, 1783 – November 21, 1856) was an American soldier, merchant, speculator, and politician.

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Second Bank of the United States

The Second Bank of the United States, located in Philadelphia, Pennsylvania, was the second federally authorized Hamiltonian national bank in the United States during its 20-year charter from February 1816 to January 1836.

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Selective enforcement

In law, selective enforcement occurs when government officials such as police officers, prosecutors, or regulators exercise enforcement discretion, which is the power to choose whether or how to punish a person who has violated the law.

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Sentence (law)

A sentence is a decree of punishment of the court in criminal procedure.

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Territory of Orleans

The Territory of Orleans or Orleans Territory was an organized incorporated territory of the United States that existed from October 1, 1804, until April 30, 1812, when it was admitted to the Union as the State of Louisiana.

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The Business of the Supreme Court

The Business of the Supreme Court: A Study in the Federal Judicial System (1928) is a book published by Felix Frankfurter (future U.S. Supreme Court justice) and his former student James McCauley Landis.

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Tigris

Batman River The Tigris (Sumerian: Idigna or Idigina; Akkadian: 𒁇𒄘𒃼; دجلة Dijlah; ܕܹܩܠܵܬ.; Տիգրիս Tigris; Դգլաթ Dglatʿ;, biblical Hiddekel) is the eastern member of the two great rivers that define Mesopotamia, the other being the Euphrates.

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Treason

In law, treason is the crime that covers some of the more extreme acts against one's nation or sovereign.

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Trial

In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes.

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U.S. state

A state is a constituent political entity of the United States.

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United States Attorney

United States Attorneys (also known as chief federal prosecutors and, historically, as United States District Attorneys) represent the United States federal government in United States district courts and United States courts of appeals.

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United States Bill of Rights

The Bill of Rights is the first ten amendments to the United States Constitution.

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United States circuit court

The United States circuit courts were the original intermediate level courts of the United States federal court system.

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United States Circuit Court of the District of Columbia

The United States Circuit Court of the District of Columbia (in case citations, C.C.D.C.) is a former United States federal court, which existed from 1801 to 1863.

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United States Constitution

The United States Constitution is the supreme law of the United States.

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United States constitutional criminal procedure

The United States Constitution contains several provisions regarding the law of criminal procedure.

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United States district court

The United States district courts are the general trial courts of the United States federal court system.

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United States federal judicial district

For purposes of the federal judicial system, Congress has divided the United States into judicial districts.

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United States Military Academy

The United States Military Academy (USMA), also known as West Point, Army, Army West Point, The Academy or simply The Point, is a four-year coeducational federal service academy located in West Point, New York, in Orange County.

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United States presidential election, 1800

The United States presidential election of 1800 was the fourth United States presidential election.

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United States v. Hamilton

United States v. Hamilton,, was a United States Supreme Court case in which a defendant committed on a charge of treason was released on bail, despite having been imprisoned upon a warrant of committal by a district court judge.

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United States v. Hudson

United States v. Hudson and Goodwin,, was a case in which the United States Supreme Court held that Congress must first enact a constitutional law criminalizing an activity, attach a penalty, and give the federal courts jurisdiction over the offense in order for the court to render a conviction.

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United States v. Lawrence

United States v. Lawrence,, was a United States Supreme Court case determining that the Supreme Court cannot normally compel a federal trial judge to proceed in a case which he feels is lacking sufficient evidence to proceed.

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United States v. More

United States v. More,, was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error.

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United States v. Perez

United States v. Josef Perez, is a case of the Supreme Court of the United States.

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United States v. Simms

United States v. Simms,, was a United States Supreme Court case.

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United States v. Wilson

United States v. Wilson,, was a case in the United States in which the defendant, George Wilson, was convicted of robbing the US Mail in Pennsylvania and sentenced to death.

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War of 1812

The War of 1812 was a conflict fought between the United States, the United Kingdom, and their respective allies from June 1812 to February 1815.

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Washington, D.C.

Washington, D.C., formally the District of Columbia and commonly referred to as Washington or D.C., is the capital of the United States of America.

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Whiskey Rebellion

The Whiskey Rebellion (also known as the Whiskey Insurrection) was a tax protest in the United States beginning in 1791 during the presidency of George Washington.

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William Cranch

William Cranch (July 17, 1769 – September 1, 1855) was an American attorney and judge.

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William Pinkney

William Pinkney (March 17, 1764February 25, 1822) was an American statesman and diplomat, and was appointed the seventh U.S. Attorney General by President James Madison.

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Worcester v. Georgia

Worcester v. Georgia,, was a case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional.

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1st United States Congress

The First United States Congress, consisting of the United States Senate and the United States House of Representatives, met from March 4, 1789, to March 4, 1791, during the first two years of George Washington's presidency, first at Federal Hall in New York City and later at Congress Hall in Philadelphia.

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Redirects here:

Ex Parte Burford, Ex Parte George Milburn, Ex Parte Tobias Watkins, Ex parte Burford, Ex parte Kearney, Ex parte Milburn, Ex parte Watkins, Piracy in the Marshall Court, The United States v. Adam Randenbush, The United States v. Gooding, The United States v. James Paul, The United States v. Job L Barber, The United States v. John Bailey, The United States v. John D Quincy, The United States v. Marchant & Colson, The United States v. Ortega, The United States v. Palmer, The United States v. Thomas S Reyburn, The United States v. Wiltberger, The United States v. Zebulon Cantril, United States v. Abel Turner, United States v. Amedy, United States v. Bailey, United States v. Barber, United States v. Bevans, United States v. Cantril, United States v. Coolidge, United States v. Daniel, United States v. Furlong, United States v. Furlong Hobson, United States v. Gooding, United States v. Holmes (1820), United States v. John B Mills, United States v. John Bailey, United States v. John Tyler, United States v. Kelly, United States v. Klintock, United States v. Marchant, United States v. Mills, United States v. Ortega, United States v. Palmer, United States v. Phillips, United States v. Pirates, United States v. Quincy, United States v. Randenbush, United States v. Reyburn, United States v. Samuel Brewster, United States v. Sheldon, United States v. Smith (1820), United States v. Turner, United States v. Tyler, United States v. Wiltberger.

References

[1] https://en.wikipedia.org/wiki/Criminal_law_in_the_Marshall_Court

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