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Jus tertii (English: rights of a third party/ stranger) is a term for the legal argument by which a person can defend a claim made against them by invoking the rights of a stranger to the dispute. The defence asserts that the rights of the stranger are superior to those of the claimant; in other words the defence is that the claimant has ...
United States v. Miller, 425 U.S. 435 (1976), was a United States Supreme Court that held that bank records are not subject to protection under the Fourth Amendment to the United States Constitution. [1] The case, along with Smith v. Maryland, established the principle of the third-party doctrine in relation to privacy rights.
Harlan J would have held the Civil Rights Act of 1875 valid, because people were left "practically at the mercy of corporations and individuals wielding power under public authority". His judgment went as follows. John Marshall Harlan became known as the "Great Dissenter" for his fiery dissent in Civil Rights Cases and other early civil rights ...
This case featured the first example of judicial review by the Supreme Court. Ware v. Hylton, 3 U.S. 199 (1796) A section of the Treaty of Paris supersedes an otherwise valid Virginia statute under the Supremacy Clause. This case featured the first example of judicial nullification of a state law. Fletcher v.
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
Steagald v. United States, 451 U.S. 204 (1981), is a United States Supreme Court case which held that, based on the Fourth Amendment, a police officer may not conduct a warrantless search of a third party's home in an attempt to apprehend the subject of an arrest warrant, absent consent or exigent circumstances.
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A contract made in favor of a third party is known as a "third-party beneficiary contract." Under traditional common law , the ius quaesitum tertio principle was not recognized, instead relying on the doctrine of privity of contract , which restricts rights, obligations, and liabilities arising from a contract to the contracting parties (said ...