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In the 19th century, Texas had a reputation for arbitrary "frontier justice"; in one notorious example highlighted by Stanford legal historian Lawrence M. Friedman, its appellate courts upheld a conviction of "guily" (where the t was omitted) in 1879 but reversed a conviction of "guity" (where the l was omitted) in 1886.
In Mutual Life v.Armstrong (1886), the first American case to consider the issue of whether a slayer could profit from their crime, the US Supreme Court set forth the No Profit theory (the term "No Profit" was coined by legal scholar Adam D. Hansen in an effort to distinguish early common law cases that applied a similar outcome when dealing with slayers), [1] a public policy justification of ...
A declaration that a person is dead resembles other forms of "preventive adjudication", such as the declaratory judgment. [1] Different jurisdictions have different legal standards for obtaining such declaration and in some jurisdictions a presumption of death may arise after a person has been missing under certain circumstances and a certain ...
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Until 2013, Texas had no laughing heir statute, instead allowing estates to pass to the nearest lineal ancestors or descendants "without end". [2] Texas passed such a law (HB 2912) in 2013, and thereafter following the Uniform Probate Code.
Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers. [1] First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals).
"Graham v. Borgen", 483 F 3d. 475 (7th Cir. 2007) (no. 04–4103) (slip op. at 7) (citation omitted). In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.
Marshall v. Marshall, 547 U.S. 293 (2006), is a case in which the United States Supreme Court held that a federal district court had equal or concurrent jurisdiction with state probate courts over tort claims under state common law.