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Discovery did not exist at common law, but its availability in equity attracted litigants in actions at law (legal proceedings in the common law courts). They began to file bills in equity to obtain discovery in aid of actions at law. This led to another innovation in the mid-15th century: the bill to perpetuate testimony of a potential witness.
In 1792, U.S. Secretary of State Thomas Jefferson claimed that the doctrine of discovery was international law which was applicable to the new United States government as well. [27] The discovery doctrine was expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. McIntosh in 1823.
The Laws of Burgos (Spanish: Leyes de Burgos), promulgated on 27 December 1512 in Burgos, Crown of Castile (Spain), was the first codified set of laws governing the behavior of Spaniards in the Americas, particularly with regard to the Indigenous people of the Americas ("native Caribbean Indians").
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
Bourne, Edward G. (1892), "The History and Determination of the Line of Demarcation by Pope Alexander VI, between the Spanish and Portuguese Fields of Discovery and Colonization", Annual Report for 1891, Washington: American Historical Association, included in the Senate Miscellaneous Documents, Vol. V (1891–1892), pp. 103–130.
Section 1782 of Title 28 of the United States Code is a federal statute that allows a litigant to a legal proceeding outside the United States to apply to an American court to obtain evidence for use in the non-US proceeding, a process known as discovery. The full name of Section 1782 is "Assistance to foreign and international tribunals and to ...
The Pleitos colombinos ("Colombian lawsuits") were a long series of lawsuits that the heirs of Christopher Columbus brought against the Crown of Castile and León in defense of the privileges obtained by Columbus for his discoveries in the New World.
Drawing of a battle in the Spanish conquest of El Salvador, 1524. The Spanish Requirement of 1513 (Requerimiento) was a declaration by the Spanish monarchy, written by the Council of Castile jurist Juan López de Palacios Rubios, of Castile's divinely ordained right to take possession of the territories of the New World and to subjugate, exploit and, when necessary, to fight the native ...