Court : US Supreme Court
Steamship Company v. Joliffe - 69 U.S. 450 (1864) U.S. Supreme Court Steamship Company v. Joliffe, 69 U.S. 2 Wall. 450 450 (1864) Steamship Company v. Joliffe 69 U.S. (2 Wall.) 450 ERROR TO THE COUNTY COURT OF THE CITY AND COUNTY OF SAN FRANCISCO Syllabus 1. When a right has arisen upon a contract or a transaction in the nature of a contract authorized by statute and has been so far perfected that nothing remains to be done by the party asserting it, the repeal of the statute does not affect it or an action for its enforcement. It has become a vested right, which stands independent of the statute. Ex. gr., where a pilot, licensed under a statute, had tendered his services to pilot a vessel out of port and such services were refused, his claim to the half-pilotage fees, allowed by the statute in such cases, became perfect, and the subsequent repeal of the statute does not affect a judgment rendered in an action brought to recover the claim, or the jurisdiction of this Court t...
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United States v. Wood - 299 U.S. 123 (1936) U.S. Supreme Court United States v. Wood, 299 U.S. 123 (1936) United States v. Wood No. 34 Argued October 20, 1936 Decided December 7, 1936 299 U.S. 123 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. Bias of a prospective juror may be actual or implied -- i.e., bias in fact or bias conclusively presumed as a matter of law. P. 299 U. S. 133 . 2. The Act of August 22, 1935, concerning qualifications of jurors in the District of Columbia, leaves all prospective jurors subject to examination and rejection for actual bias. Id. 3. In dealing with an employee of the Government, summoned to jury service in a criminal case, the court should be solicitous to discover whether, in view of the nature or circumstances of his employment, or of the relation of his particular governmental activity to the matters involved in the prosecution, he has actual bias. P 299 U. S. 134 . Page 299 U. S. 12...
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Vandalia R. Co. v. Public Service Comm'n - 242 U.S. 255 (1916) U.S. Supreme Court Vandalia R. Co. v. Public Service Comm'n, 242 U.S. 255 (1916) Vandalia Railroad Company v. Public Service Commission of Indiana No. 81 Submitted November 6, 1916 Decided December 11, 1916 242 U.S. 255 ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA Syllabus Prior to the Act of March 4, 1915, c. 169, 38 Stat. 1192, and after the Act of February 17, 1911, c. 103, 36 Stat. 913, the state police power extended to the regulation of the character of headlights used on Page 242 U. S. 256 locomotives employed in interstate commerce. Atlantic Coast Line v. Georgia, 234 U. S. 280 . A judgment which correctly refused injunctive relief against such state regulation may not be attacked on writ of error as a judgment infringing federal rights (Judicial Code, 237) upon the ground that the same field of regulation has since been occupied by tho federal government under an act of Congress enacted af...
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LORD WALKER (with whom Lord Mance, Lord Sumption and Lord Carnwath agree) Introduction 1. Sections (1) and (2) of section 123 of the Insolvency Act 1986 ("the 1986 Act") provide as follows: "(1) A company is deemed unable to pay its debts “ (a) [non-compliance with a statutory demand for a debt exceeding 750 presently due] (b) to (d) [unsatisfied execution on judgment debt in terms appropriate to England and Wales, Scotland and Northern Ireland respectively] (e) if it is proved to the satisfaction of the court that the company is unable to pay its debts as they fall due. (2) A company is also deemed unable to pay its debts if it is proved to the satisfaction of the court that the value of the company's assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities." A company in the situation described in subsection (1)(e) is often said to be "cash-flow" insolvent. A company in the situation described in subsection (2) is often s...
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New York v. United States - 331 U.S. 284 (1947) U.S. Supreme Court New York v. United States, 331 U.S. 284 (1947) New York v. United States No. 343 Argued March 3, 4, 5, 1947 Decided May 12, 1947 * 331 U.S. 284 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK Syllabus 1. After finding that the existing class freight rate structure discriminates in favor of the northeastern portion of the United States and against the southern and western portions contrary to 3(1) of the Interstate Commerce Act, the Interstate Commerce Commission issued an interim order under 15(1) increasing class rates within the northeastern area by 10 percent and reducing those elsewhere east of the Rocky Mountains by 10 percent, pending the formulation of a national uniform classification of freight and effectuation of greater national uniformity in the class freight rate structure. Held: the order did not exceed the Commission's authority. Pp. 331 U. S. 29...
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Perry v. New Hampshire NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus PERRY v. NEW HAMPSHIRE certiorari to the supreme court of new hampshire No. 108974.Argued November 2, 2011Decided January 11, 2012 Around 3 a.m. on August 15, 2008, the Nashua, New Hampshire Police Department received a call reporting that an African-American male was trying to break into cars parked in the lot of the callers apartment building. When an officer responding to the call asked eyewitness Nubia Blandon to describe the man, Blandon pointed to her kitchen window and said the man she saw breaking into the car was standing in the parking lot, next...
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Gonzales v. Carhart - 05-380 (2007) SYLLABUS OCTOBER TERM, 2006 GONZALES V. CARHART SUPREME COURT OF THE UNITED STATES GONZALES, ATTORNEY GENERAL v . CARHART etal. certiorari to the united states court of appeals for the eighth circuit No. 05380.Argued November 8, 2006Decided April 18, 2007 Following this Courts Stenberg v. Carhart , 530 U. S. 914 , decision that Nebraskas partial birth abortion statute violated the Federal Constitution, as interpreted in Planned Parenthood of Southeastern Pa. v. Casey , 505 U. S. 833 , and Roe v. Wade , 410 U. S. 113 , Congress passed the Partial-Birth Abortion Ban Act of 2003 (Act) to proscribe a particular method of ending fetal life in the later stages of pregnancy. The Act does not regulate the most common abortion procedures used in the first trimester of pregnancy, when the vast majority of abortions take place. In the usual second-trimester procedure, dilation and evacuation (D&E;), the doctor dilates the cervix and...
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Parents Involved in Community Schools v. Seattle School Dist. No. 1 - 05-908 (2007) SYLLABUS OCTOBER TERM, 2006 PARENTS INVOLVED IN COMMUNITY SCHOOLS V.SEATTLE SCHOOL DIST. NO. 1 SUPREME COURT OF THE UNITED STATES PARENTS INVOLVED IN COMMUNITY SCHOOLS v . SEATTLE SCHOOL DISTRICT NO. 1 etal. certiorari to the united states court of appeals for the ninth circuit No. 05908.Argued December 4, 2006Decided June 28, 2007 Respondent school districts voluntarily adopted student assignment plans that rely on race to determine which schools certain children may attend. The Seattle district, which has never operated legally segregated schools or been subject to court-ordered desegregation, classified children as white or nonwhite, and used the racial classifications as a tiebreaker to allocate slots in particular high schools. The Jefferson County, Ky., district was subject to a desegregation decree until 2000, when the District Court dissolved the decree after finding that the district...
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Federal Election Commn v. Wisconsin Right to Life, Inc. - 06-969 (2007) SYLLABUS OCTOBER TERM, 2006 FEDERAL ELECTION COMM'N V. WISCONSIN RIGHT TOLIFE, INC. SUPREME COURT OF THE UNITED STATES FEDERAL ELECTION COMMISSION v . WISCONSIN RIGHT TO LIFE, INC. appeal from the united states district court for the district of columbia No. 06969.Argued April 25, 2007Decided June 25, 2007 Section 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), makes it a federal crime for a corporation to use its general treasury funds to pay for any electioneering communication, 2 U. S.C. 441b(b)(2), which BCRA defines as any broadcast that refers to a candidate for federal office and is aired within 30 days of a federal primary election or 60 days of a federal general election in the jurisdiction where that candidate is running, 434(f)(3)(A). In McConnell v. Federal Election Commn, 540 U. S. 93 , this Court upheld 203 against a First Amendment facial challenge even though the section en...
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LORD WILSON A. INTRODUCTIONThese two appeals relate to one of the rules currently in force by which the appellant, the Secretary of State for the Home Department, determines an application for a visa to enter or remain in the United Kingdommade by the spouse of a person who is present and settled in the UK ("a marriage visa").The Secretary of State appeals against the order of the Court of Appeal dated 21 December 2010 (Sedley, Pitchford and Gross LJJ) [2010] EWCA Civ 1482, [2011] 3 All ER 81) by which it declared that her application of the rule so as to refuse marriage visas to the two effective respondents was unlawful as being “ so the majority concluded “ in breach of their rights under article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 ("the ECHR"). In effect pursuant to supplementary orders made by the Court of Appeal the Secretary of State has now granted marriage visas to each of the two respondents. But her appeals to this court, a...
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