FREE ELECTRONIC LIBRARY - Books, dissertations, abstract

Pages:     | 1 || 3 |

«Brief Administrative History of the Courts U.S. district and circuit courts were created by the Judiciary Act of September 24, 1789. District courts ...»

-- [ Page 2 ] --

A number of special laws gave circuit courts jurisdiction over various matters, such as those relating to the infringement of patents and copyrights and controversies between trustees in bankruptcy and adverse claimants to property held by the trustees. Equity cases, as distinguished from law cases, excluded those in which a "plain, adequate, and complete remedy may be had at law." The equity jurisdiction of the United States courts is subject to neither limitation nor restraint by State legislation. While the procedure in law cases in Federal courts before 1938 generally followed procedures in the State courts, according to the State a particular Federal court covered, the practice in Federal equity was uniform throughout the country.

The equity jurisdiction of the districts courts was limited to the granting of junctions, reviewing cases filed to recover property from defendants as assets of bankrupts, and jurisdiction over all suits to enforce the lien of the United States upon real estate for any internal revenue tax.

Upon the termination of the circuit courts in 1911, all equity jurisdiction passed to the district courts.

Most of the equity cases concerned alleged infringements of patents, trademarks, and copyrights. Other cases involved violation of contract, conveyance of property to delay or deter payment of debt from bankruptcy, and antitrust actions by and against labor unions for conspiracies in restraint of trade and commerce. Suits in district courts often involved proceedings against consuls and vice consuls, petitions for writs of habeas corpus, deportation and denaturalization hearings, and receivership reorganizations of companies in bankruptcy. Actions were also brought by receivers of defunct national banks to collect funds from individual stockholders to discharge the banks’ debts.

Types of documents to be found in equity case files and records

Document series found in equity records include case files, dockets, minutes, rule books, orders, and decrees. The case files can contain bills of complaints, answers, affidavits, depositions, trial transcripts, injunctions, and exhibits. The exhibits will often include copies of patent drawings, photographs, scripts, music scores, and other items at issue in copyright, trademark, and patent infringement suits

A Special Note About Civil Court Records

The Federal district courts had been bound in civil cases by the Conformity Act of 1872 to follow the procedures of the State in which they were meeting. Federal procedures varied from State to State and were filled with inconsistencies. In 1938 the Federal Rules of Civil Procedure went into effect. The new rules abandoned the complex forms of action of the common law, unified law and equity, and provided for a single set of procedures for Federal courts throughout the nation. After September 1938 “equity” and “law” cases became “civil.” Source: Morris, Jeffrey B. Federal Justice in the Second Circuit: A History of the United States Courts in New York, Connecticut, and Vermont 1787 to 1987. Second Circuit Historical Committee, 1987.

Some Notable Law-Equity-Civil Cases at NARA’s Northeast Region There are numerous suits in equity brought by and against Thomas Edison relating to his numerous inventions, a copyright case brought against Orson Welles relating to Citizen Kane, the patent infringement case between the Wright Brothers and Glen Curtiss, the reorganization of the Shubert Theater group, and anti-trust actions against the sugar, tobacco, oil, and steamship industries. There are copyright cases involving Charlie Chaplin, Cole Porter, and Oscar Hammerstein, and the song “Happy Birthday.” A notable civil case was that of Curt Flood’s challenge to professional baseball’s reserve clause.

Criminal Records

The great mass of Federal criminal jurisdiction rests upon the Constitutional authority of Congress to enact laws “necessary and proper” to the execution of specifically conferred powers. Criminal cases relate to such crimes as mutiny, piracy, assault, theft, murder on the high seas, the slave trade, counterfeiting and forgery, perjury, mail theft, sedition, smuggling, overloading a passenger vessel, revenue fraud, and conspiracy to invade nations at peace with the United States.

Criminal charges were also brought for encouraging soldiers to desert and resisting the draft. Treason, Communist activity, the theft of goods in interstate commerce, labor racketeering, organized crime activities, and murder committed on Federal property or military reservation are also tried in Federal court.

Types of documents to be found in criminal case files and records

Document series found in criminal records include case files, dockets, and minutes. The number and types of documents found in the case files vary. The type of document found most often is the indictment. Other documents frequently filed are depositions, warrants, recognizances, subpoenas, briefs, notes, trial transcripts, judgments, commitments, proceedings, notices, certificates, letters, and writs.

Some Notable Criminal Cases at NARA’s Northeast Region Notable cases include the espionage cases involving Ethel and Julius Rosenberg and Alger Hiss, and the prosecution of Susan B. Anthony for illegal voting. There are also case files concerning the slave trade and the General Slocum disaster.

Also prominent are the prosecutions of Gus Hall, William Remington, William Z.

Foster, and Elizabeth Gurley Flynn for communist conspiracy and subversion, of Marcus Garvey for mail fraud, and the trial of Jacob Abrams and his codefendants for violation of the World War I sedition laws, a landmark case in first amendment jurisprudence.

Habeas Corpus Records

The writ of habeas corpus has been employed for many centuries to remove illegal restraint on personal liberty. In the Federal courts the writ has been used to maintain the supremacy of the Constitution, laws, and treaties of the United States and to protect personal liberty against unlawful restraints, insofar as the duty lies within the Federal government. The writ is also used to bring a prisoner into court to testify.

Many of the early cases concerned minors fraudulently enlisted in the Army or Navy for whom discharges and cancellations of enlistment were sought. There were also proceedings for the relief of persons imprisoned for debt. In the early part of the 20th century many of the actions involved aliens detained by the immigration authorities or arrested on the complaints of foreign governments for extradition as fugitives from justice.

Types of documents to be found in habeas corpus case files and records The records consist of case files and dockets. The case files can contain writs of habeas corpus, returns of writs, affidavits, orders of the court, and occasionally transcripts of testimony and depositions.

–  –  –

The revisionary or appellate power of the circuit courts over final decrees and judgments of the district courts was derived from the original Judiciary Act of 1789 and an act of March 3, 1803 (2 Stat. 244). It was exercised either by appeal, a proceeding that subjected both the law and the facts to a review; or by writ of error, a process that subjected only the laws to reexamination. When the amount in controversy exceeded $50, the appellate jurisdiction applied to all final decrees of the district courts in cases of admiralty and maritime jurisdiction (in which case the remedy was by appeal) and to all judgments in civil actions (in which case the remedy was by writ of error). As a result, the appellate case files were called "Error and Appeal" records by the circuit court.

The appellate cases pertain to a variety of subjects and relate to such matters as the maintenance of U.S. neutrality during foreign wars, the "quasi-war" with France during the John Adams Administration, the embargo during the Jefferson Administration, evasion of customs duties and trespass laws, salvage, privateer and prize law, mutinies and revolts, bankruptcy, slavery and the slave trade, protection of patents for inventions, and ejection of tenants and rent procedures.

Types of documents to be found in appellate jurisdiction case files The records consist of case files, dockets, bonds, and minutes.

The number and types of documents in the appellate, or error and appeal, case files vary. Some case files contain only an attested copy of the proceedings in the district court along with notations on the endorsement wrapper. Usually the case files also include certified transcripts or "apostles" of record of the cases in the district court, consisting of copies of the papers filed and of minute entries of the district court's actions in the cases. The transcripts include copies of libels, exhibits, notices of hearings, monitions, depositions, interrogatories, affidavits, briefs, bonds, statements of court costs, decrees, sentences, opinions, notices of appeal, and petitions for rehearing.

Some case files contain such circuit court documents as petitions of appeal for a reversal or modification of decrees of the district court, writs of error for the review of alleged mistakes of the district court, appeals from decisions of the district court refusing discharges to bankrupts, bills of exception, orders of the courts, assignments of error to rulings of the district court, and mandates of the Supreme Court of the United States in cases appealed from the circuit court.

For those case files involving seizure of ships and cargoes for violations of embargo acts or evasion of customs duties, there are copies of additional documents. Included are certificates of registry or enrollment, licenses, crew lists, shipping articles, clearance papers, repair bills, bills of lading, invoices, and depositions of ship's officers, crews, and passengers.

Records of the U.S. Court of Appeals for the Second Circuit

–  –  –

The courts of appeals are intermediate courts created by an act of March 3, 1891, to relieve the Supreme Court of considering appeals in cases originally decided by Federal courts. They are empowered to review final and certain interlocutory decisions of district courts except where the law provides for direct review by the Supreme Court. They also review orders of Federal administrative bodies such as the Securities and Exchange Commission and the National Labor Relations Board.

The records of the U.S. Court of Appeals for the Second Circuit document appeals of lower Federal court decisions in Connecticut, New York, and Vermont.

Types of documents to be found in U.S. Court of Appeals case files The records consist of case files, dockets, minutes, and calendars.

The case files contain bills of cost, opinions, stipulations, transcripts of record from lower courts and administrative agencies, briefs, Supreme Court orders on petitions for writs of certiorari, and mandates.

Some Notable Appeals Cases at NARA’s Northeast Region There are appeals files for the Alger Hiss and Rosenberg espionage cases, the Danbury Hatters’ boycott, and the Curt Flood litigation regarding baseball’s reserve clause.

–  –  –

There are docket books available for most of the court records described in this brochure. Many docket books are indexed by the names of the parties in the case and provide the docket or case number. Each docket sheet will provide the date when the case commenced and list, in chronological order, the various documents filed and all the important acts done in court in the course of each proceeding. The docket will also indicate whether a case was appealed to the Court of Appeals or Supreme Court. Each book covers a specific time period.

In some cases there are general indexes to cases that cover longer time frames. The indexes will provide a docket number, but do not record the information found in a docket book. The indexes are in book and microfilm formats.

–  –  –

The staff of the National Archives and Records Administration Northeast Region New York will do a search for a case file and related court records in response to written, facsimile, or e-mail requests. To facilitate a search the following

information will be needed:

• The names of the parties involved (individual, company, organization, etc.)

• The nature of the litigation (civil, criminal, bankruptcy, admiralty, etc.)

• Approximate time period when the case was heard.

Pages:     | 1 || 3 |

Similar works:

«©Vierteljahrshefte für Zeitgeschichte Dokumentation H E I N R I C H BRÜNING IM EXIL Briefe an Wilhelm Sollmann 1940-1946 Vom Ende seiner Kanzlerschaft bis heute ist Heinrich Brüning wohl eine der umstrittensten Persönlichkeiten der neuesten deutschen Geschichte geblieben. Dazu hat sein eigenes Schweigen von gelegentlichen knappen u n d manchmal etwas sonderbaren Äußerungen abgesehen 1 nicht wenig beigetragen. Aber auch nach seinem Tode in den Vereinigten Staaten auf den Tag genau 40...»

«Makroevolution molekularer Maschinen: Konsequenzen aus den Wissenslücken evolutionsbiologischer Naturforschung1 Siegfried Scherer Lehrstuhl für Mikrobielle Ökologie, Department für Grundlagen der Biowissenschaften, WZW, Technische Universität München, D-85350 Freising Zusammenfassung Die Evolutionsbiologie ist eine naturwissenschaftliche Disziplin, welche als kausale Evolutionsforschung streng empirisch arbeitet. Auch die historische Evolutionsforschung beschränkt sich bei der Suche nach...»

«Immigration and emigration in historical perspective / edited by Ann Katherine Isaacs (Migration : transversal theme ; 1) 304.82 (21.) 1. Migrazioni – Storia I. Isaacs, Ann Katherine CIP a cura del Sistema bibliotecario dell’Università di Pisa This volume is published thanks to the support of the Directorate General for Research of the European Commission, by the Sixth Framework Network of Excellence CLIOHRES.net under the contract CIT3-CT-2005-006164. The volume is solely the...»

«Curriculum vitae Name: Susan Carin Zimmermann Place and date of birth: Tübingen (Germany), 24 October 1960 Citizenship: German (to 1995), Austrian (since 1995) Academic Qualifications University Professor, Central European University (CEU), 2013 “Egyetemi tanár,” CEU, 2006 Professor of History, CEU, 2001 “Habilitation,” Johannes Kepler Universität Linz, Austria, 2000 “Habilitáció,” Eötvös Lóránd University, Budapest, 1999 Dr. Phil., Vienna University 1993 (history of social...»

«Rezension für: Ernest Ansermet Isaac Stern plays Tchaikovsky: Violin Concerto, Op. 35 and Bartók: Violin Concerto No. 2, Sz. 112 Peter Ilyich Tchaikovsky CD aud 95.624 Gesellschaft Freunde der Künste 10.08.2013 ( 10.08.2013) Tchaikovsky & Bartók Musik Klassik: Live-Einspielungen von Isaac Stern – LUCERNE FESTIVAL Historic Performances Vol. II „To make the violin speak, die „Violine zum Sprechen bringen, so lautete kurz und bündig die künstlerische Maxime des Geigers Isaac Stern....»

«UNSERE INTERPRETATIONEN VERMITTELN AUFKLÄRUNG ÜBER UNS SELBER: DIE HISTORISCHE POLITISIERUNG DES NATHAN-STOFFES IN DER DEUTSCH-AMERIKANISCHEN REZEPTION 1779, 1933 UND AB 2001 By Kristina Monika Hinneburg Thesis Submitted to the Faculty of the Graduate School of Vanderbilt University in partial fulfillment of the requirements for the degree of MASTER OF ARTS in German December, 2005 Nashville, Tennessee Approved: Professor Nina Warnke Professor John A. McCarthy DANKSAGUNG Mein besonderer Dank...»

«Zurich Open Repository and Archive University of Zurich Main Library Strickhofstrasse 39 CH-8057 Zurich www.zora.uzh.ch Year: 2010 Das Matriarchat: Eine vermeintlich uralte Geschichte Fehlmann, Meret Abstract: Unbekannt Posted at the Zurich Open Repository and Archive, University of Zurich ZORA URL: http://doi.org/10.5167/uzh-38618 Originally published at: Fehlmann, Meret (2010). Das Matriarchat: Eine vermeintlich uralte Geschichte. Schweizerisches Archiv für Volkskunde, 106:267-290....»

«NEWS GHI REFERENCE GUIDES NO LONGER AVAILABLE BY SUBSCRIPTION To better serve its different audiences, the German Historical Institute is changing the way it distributes its Reference Guides. Individuals must now order Reference Guides on a title-by-title basis (libraries and other institutions on the GHI mailing list will continue to automatically receive new Reference Guides upon publication). Reference Guides will still be distributed free of charge. Two forthcoming Reference Guides can now...»

«DISSERTATION Titel der Dissertation Dr. Marcel Prawy Pionier und Wegbereiter des Musicals vom Broadway nach „Good Old Europe“ Verfasserin Mag. Wilhelmine Brandtner angestrebter akademischer Grad Doktorin der Philosophie (Dr.phil.) Wien, 2012 Studienkennzahl lt. Studienblatt: A 092 317 Dissertationsgebiet lt. Studienblatt: Theater-, Filmund Medienwissenschaft Betreuerin: Prof. Dr. Hilde Haider Diese Arbeit widme ich der Künstlerin Olive Moorefield Mach. Die Zeit war reif für das Musical,...»

«Council Commissioner Manual Council Commissioner Manual October 2010 522-015 2010 Second Printing Table of ConTenTs Page PrefaCe 5 SeCTION I The Council Commissioner 7 Chapter 1 “Fast Start” for Council Commissioners 9 Chapter 2 A Brief History of Commissioners 9 Chapter 3 Commissioner Basics 10 Chapter 4 The BSA Organizational Structure as Related to the Council Commissioner (Charts A, B, and C) 11 Chapter 5 Core Purposes of the Council Commissioner (Chart D) 15 Chapter 6 The Council...»

<<  HOME   |    CONTACTS
2016 www.book.dislib.info - Free e-library - Books, dissertations, abstract

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.