|United States v. Hooe|
|Full case name||The United States of America v. T.R. Hooe & Others|
|Citations||5 U.S. 318 ( more )|
|Subsequent history||7 U.S. (3 Cranch) 73 (1805)|
|District of Columbia Organic Act of 1801|
United States v. Hooe, 5 U.S. (Cranch 1) 318 (1803), is a case of the Supreme Court of the United States. It was a case that hinged mainly on procedural issues relating to the documents that must accompany an appeal from courts within the District of Columbia.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. 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 it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about one hundred to one hundred fifty of the more than seven thousand cases that it is asked to review.
A document is a written, drawn, presented, or memorialized representation of thought. a document is a form, or written piece that trains a line of thought or as in history, a significant event. The word originates from the Latin documentum, which denotes a "teaching" or "lesson": the verb doceō denotes "to teach". In the past, the word was usually used to denote a written proof useful as evidence of a truth or fact. In the computer age, "document" usually denotes a primarily textual computer file, including its structure and format, e.g. fonts, colors, and images. Contemporarily, "document" is not defined by its transmission medium, e.g., paper, given the existence of electronic documents. "Documentation" is distinct because it has more denotations than "document". Documents are also distinguished from "realia", which are three-dimensional objects that would otherwise satisfy the definition of "document" because they memorialize or represent thought; documents are considered more as 2 dimensional representations. While documents are able to have large varieties of customization, all documents are able to be shared freely, and have the right to do so, creativity can be represented by documents, also. History, events, examples, opinion, etc. all can be expressed in documents.
In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.
The Supreme Court had already ruled in Jennings v. The Perseverance , 3 U.S. (3 Dall. )336(1797) that the writs of error must be accompanied by a factual record. The act of Congress 27 February 1801, creating the District of Columbia held that, writs should be prosecuted in the same manner as had been the case of writs of error on judgments or appeals upon orders or decrees rendered in the circuit court of the United States.
Jennings v. The Perseverance, 3 U.S. 336 (1797), was a United States Supreme Court case holding that: "The decision in Wiscart v. Dauchy, confirmed. An objection that counsel fees were allowed in the court below as part of the damages, can not be entertained unless the fact appears by the record. If a prize is sold by agreement, and the money stopped in the hands of the marshal, by a third person, not a party to the agreement, increased damages are not allowed, but only interest on the debt.."
The United States Reports are the official record of the rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings of the Supreme Court of the United States. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.
The Reporter of Decisions of the Supreme Court of the United States is the official charged with editing and publishing the opinions of the Supreme Court of the United States, both when announced and when they are published in permanent bound volumes of the United States Reports. The Reporter of Decisions is responsible for only the contents of the United States Reports issued by the Government Printing Office, first in preliminary prints and later in the final bound volumes. The Reporter is not responsible for the editorial content of unofficial reports of the Court's decisions, such as the privately published Supreme Court Reporter or Lawyers' Edition.
The court held that the act of congress and the prior precedent, when taken together meant that all appeals from the District of Columbia must be accompanied by a statement of facts.
In common law legal systems, precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as stare decisis. Common-law precedent is a third kind of law, on equal footing with statutory law and delegated legislation or regulatory law.
|This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it.|
In the United States, a state supreme court is the ultimate judicial tribunal in the court system of a particular state. On matters of state law, the decisions of a state supreme court are considered final and binding on state and even United States federal courts.
The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.
Certiorari, often abbreviated cert. in the United States, is a process for seeking judicial review and a writ issued by a court that agrees to review. A certiorari is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.
The writ of coram nobis is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and would have prevented the judgment from being pronounced. The term "coram nobis" is Latin for "before us" and the meaning of its full form, quae coram nobis resident, is "which [things] remain in our presence". The writ of coram nobis originated in the English court of common law in the English legal system during the sixteenth century.
Habeas corpus is a recourse in law challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
West v. Barnes, 2 U.S. 401 (1791), was the first United States Supreme Court decision and the earliest case calling for oral argument. Van Staphorst v. Maryland (1791) was docketed prior to West v. Barnes but settled before the Court heard the case: West was argued on August 2, 1791 and decided on August 3, 1791. Collet v. Collet (1791) was the first appellate case docketed with the Court but was dropped before it could be heard. Supreme Court Reporter Alexander Dallas did not publish the justices' full opinions in West v. Barnes, which were published in various newspapers around the country at the time, but he published an abbreviated summary of the decisions.
United States v. Schooner Sally, 6 U.S. 406 (1805), was an 1805 decision of the United States Supreme Court which found that the question of forfeiture of a vessel is of admiralty and maritime jurisdiction, not of common law.
Bailiff v. Tipping, 6 U.S. 406 (1805), was a United States Supreme Court case in which the Court held that a citation must accompany a writ of error in order for the court to hear the case.
Fairfax's Devisee v. Hunter's Lessee, 11 U.S. 603 (1813), was a United States Supreme Court case arising out of the acquisition of Fairfax land in the Northern Neck of the state of Virginia by the family and associates of John Marshall, including Robert Morris. Because of the complexity of the conveyances of Fairfax land prior to the acquisition, litigation was almost bound to arise even in the absence of questions arising under the Peace Treaty.
Resler v. Shehee, 5 U.S. 110 (1801), was a United States Supreme Court case that involved judicial discretion on whether to hear appeals filed late.
United States v. Simms, 5 U.S. 252 (1803), was a United States Supreme Court case. It was one of a series of cases dealing with the applicability of previous laws in the newly created District of Columbia.
Richards v. Mackall, 113 U.S. 539 (1885), was an appeal from the Supreme Court of the District of Columbia to the High Court on whether or not an appeal from that Court to this Court may be allowed by that Court sitting in special term.
Mossman v. Higginson, 4 U.S. 12 (1800), was an 1800 decision of the United States Supreme Court asserting that "The parties to an equity suit must be so described on the record as to show that the court has jurisdiction. It is not enough that an alien is a party; the other party must be a citizen. A writ of error may be amended by filling the blank left for the return day, there being enough on the writ to amend by."
Course v. Stead, 4 U.S. 22 (1800), was an 1800 decision of the United States Supreme Court asserting that "A writ of error, tested in the vacation after the last term, is amendable. The omission of the name of the district in the address of the writ is not material if the indorsement and attestation show the district. If the value of the matter in dispute does not appear, it may be shown by affidavit. If a new party and subject-matter are brought before the court by a supplemental bill, it must show that the court has jurisdiction by reason of the citizenship of the parties to that bill."
Hazlehurst v. United States, 4 U.S. 6 (1799), was a 1799 decision of the United States Supreme Court asserting that the appellants failure to appear in court regarding their writ of error resulted in SCOTUS issuing a orders of non prosequitur. The case was a federal case from South Caroline disputing their written seal on a bond which was purportedly improper because a wax seal was required.
The Marshall Court (1801–1835) heard forty-one criminal law cases, slightly more than one per year. Among such cases are United States v. Simms (1803), United States v. More (1805), Ex parte Bollman (1807), United States v. Hudson (1812), Cohens v. Virginia (1821), United States v. Perez (1824), Worcester v. Georgia (1832), and United States v. Wilson (1833).
United States v. More, 7 U.S. 159 (1805), 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. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.
The Taney Court heard thirty criminal law cases, approximately one per year. Notable cases include Prigg v. Pennsylvania (1842), United States v. Rogers (1846), Ableman v. Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862).
The original jurisdiction of the Supreme Court of the United States is limited to a small class of cases described in Article III, section 2, of the United States Constitution, and further delineated by statute.