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The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is dicta ; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the ...
"Under the “doctrine of discovery,” County of Oneida v. Oneida Indian Nation of N. Y., 470 U. S. 226, 234 (1985) (Oneida II), “fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign—first the discovering European nation and later the original States and the United States,” Oneida Indian ...
Discovery in the United States is unique compared to other common law countries. In the United States, discovery is mostly performed by the litigating parties themselves, with relatively minimal judicial oversight. The Federal Rules of Civil Procedure guide discovery in the U.S. federal court system.
Dunbar-Ortiz describes the origins and application of the Doctrine of Discovery, from a papal bull issued in 1455, to the 1494 Treaty of Tordesillas dividing the world between Spain and Portugal; the later adoption of the doctrine by other European monarchies and then the French Republic; and its adoption in United States law by the claim by ...
Hickman v. Taylor, 329 U.S. 495 (1947), is a seminal United States Supreme Court case in which the Court recognized the work-product doctrine, which holds that information obtained or produced by or for attorneys in anticipation of litigation may be protected from discovery under the Federal Rules of Civil Procedure.
At the same time the newly established United States Court of Appeals for the Federal Circuit, which was supposed to establish a uniform case law for patent validity appeals, started to reject the "unusual and surprising approach" altogether and introduced the "teaching, suggestion and motivation" (TSM) test in ACS Hosp. Sys. (1984). [17]
Murray v. United States, 487 U.S. 533 (1988), was a United States Supreme Court decision that created the modern "independent source doctrine" exception to the exclusionary rule. The exclusionary rule makes most evidence gathered through violations of the Fourth Amendment to the United States Constitution inadmissible in criminal trials as ...