United States v. Tingey | |
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Full case name | The United States v. Thomas Tingey |
Citations | 30 U.S. 115 ( more ) |
United States v. Tingey, 30 U.S. (5 Pet.) 115 (1831), was an early United States Supreme Court case held on appeal from the circuit court of the United States for the District of Columbia, which recognised that the United States Government has a right to enter into a contract without relying on any specific legal mandate for authorisation. [1]
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 contract is a legally-binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. An agreement typically involves the exchange of goods, services, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation.
The case involved Commodore Thomas Tingey who, with others, had acted as surety for a bond executed on 1 May 1812 by Lewis Deblois, a naval purser. [1]
Thomas Tingey was a commodore of the United States Navy. Originally serving in the British Royal Navy, Tingey later served in the Continental Navy. Tingey served with distinction during the Quasi-War and served as the commandant of the navy yard until his death.
In finance, a surety, surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. The person or company providing the promise is also known as a "surety" or as a "guarantor".
A ship's purser is the person on a ship principally responsible for the handling of money on board. On modern merchant ships, the purser is the officer responsible for all administration and supply; frequently the cooks and stewards answer to them as well.
Worcester v. Georgia, 31 U.S. 515 (1832), 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.
Cherokee Nation v. Georgia, 30 U.S. 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, as the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian," as said by Justice Marshall.
The Preamble to the United States Constitution is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. It states in general terms, and courts have referred to it as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve.
The United States District Court for the Middle District of Alabama is a federal court in the Eleventh Circuit.
The Nonintercourse Act is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of reservations. The various Acts also regulate commerce between Americans and Native Americans. The most notable provisions of the Act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783.
Joseph Ferdinand Wingate, son of Joshua and Hannah Carr Wingate, was a U.S. Representative from Maine.
Yasui v. United States, 320 U.S. 115 (1943) was a United States Supreme Court case regarding the constitutionality of curfews used during World War II when they were applied to citizens of the United States. The case arose out of the implementation of Executive Order 9066 by the U.S. military to create zones of exclusion along the West Coast of the United States, where Japanese Americans were subjected to curfews and eventual removal to relocation centers. This Presidential order followed the attack on Pearl Harbor that brought America into World War II and inflamed the existing anti-Japanese sentiment in the country.
United States v. Sandoval, 231 U.S. 28 (1913), was a United States Supreme Court case deciding whether the federal government's law prohibiting liquor on the land of Santa Clara Pueblo impermissibly infringed on the State of New Mexico's police power under the equal footing doctrine. In a unanimous decision, the Court upheld the law and Congress' ability to recognize and regulate Tribes. Citing broad Congressional authority in Kagama, recognition of Tribes subject to the guardianship of the federal government falls on Congress, not the Court, as long as recognition is not "arbitrary" and actually reflects "distinctly Indian communities."
The Cherokee Cases were a trio of cases before the Marshall Court:
The Supreme Court of the United States, under Chief Justice Roger B. Taney (1836–1864), issued several important decisions on the status of aboriginal title in the United States, building on the opinions of aboriginal title in the Marshall Court.
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).
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).
United States v. Cook, 86 U.S. 591 (1873), was a United States Supreme Court case in which the Court held that Indian tribes do not own the land their reservations are on, the land is owned by the United States and the Indians only have a right to occupy the land. They may not cut and sell timber merely for the purpose of selling timber, they may only sell timber that was cut incidental to another purpose. The government has a right to take action to recover damages for timber sold illegally from that land.
Tingey House, officially known as Quarters A, is the official residence of the Chief of Naval Operations of the United States Navy. Built in 1804, it is located at the Washington Navy Yard in Washington, D.C., and is part of the Yard's historic Officers Quarters. The residence is known as Tingey House in honor of its first resident, former U.S. Navy officer Thomas Tingey. According to popular legend, Tingey's ghost haunts the property.
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.
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