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Marshalling is an equitable doctrine applied in the context of lending. It was described by Lord Hoffmann as: [A] principle for doing equity between two or more creditors, each of whom are owed debts by the same debtor, but one of whom can enforce his claim against more than one security or fund and the other can resort to only one.
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 ...
Marshall v. Holmes, 141 U.S. 589, is an 1891 decision of the United States Supreme Court on equitable relief, res judicata and fraud on the court in diversity jurisdiction. . Justice John Marshall Harlan wrote for a unanimous Court that held it unconscionable to allow a state court's decision to stand that had been based on documents later exposed as forge
Marshall wrote that "a general provision may be made, and power is given to those who are to act under such general provisions, to fill up the details." Marshall's words and future court decisions gave Congress much latitude in delegating powers. It was not until the 1930s that the Supreme Court held a delegation of authority unconstitutional.
A legal doctrine is a body of interrelated rules (usually of common law and built over a long period of time) associated with a legal concept or principle. For example, the doctrine of frustration of purpose now has many tests and rules applicable with regards to each other and can be contained within a "bubble" of frustration .
In essence, Roosevelt's Monroe Doctrine would be the basis for a use of economic and military hegemony to make the U.S. the dominant power in the Western Hemisphere. The new doctrine was a frank statement that the U.S. was willing to seek leverage over Latin American governments by acting as an international police power in the region. [7]
Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protection" under the law to all people. Under the doctrine, as long as the facilities provided to each race ...
As Marshall put it, "it is emphatically the province and duty of the judicial department to say what the law is." [ 81 ] By asserting the power of judicial review in a holding that did not require the Jefferson administration to take action, the Court upheld its own powers without coming into direct conflict with a hostile executive branch that ...