wex definitions

Definition

The Supreme Court case that defined the scope of the federal legislative power and the federal government’s relationship with state government authority.

The United States Congress incorporated a federal Bank of the United States through a legislative act. The State of Maryland imposed a tax on any bank operating within the state that did not possess a state charter. The state obtained a judgment against McCulloch, the cashier of the Baltimore branch of the Second Bank of the United States, for issuing bank notes without paying the required tax.

Definition

The Supreme Court case that established the power of judicial review.

During President John Adams’ lame duck session of his presidency, he appointed Marbury as a justice of the peace and signed the commission. Soon thereafter, Thomas Jefferson became President of the United States and refused to allow Secretary of State James Madison to deliver the commission to Marbury.

Definition

A Supreme Court case that adopted an expansive view of the scope of the Commerce Clause of the Constitution by holding that Congress had the power to regulate interstate commerce.

Definition

A Supreme Court case that struck down the Line Item Veto Act because it gave the executive the unilateral authority to amend a law without having to go through the legislative process.

Definition

A Supreme Court case that held that federal courts could hear cases that claimed that malapportionment of state legislatures violated the Equal Protection Clause of the Constitution.

Definition

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Some states prohibit Allen charges, because they deem them coercive, but the U.S. Supreme Court upheld their use in Allen v. U.S., 164 U.S. 492 (1896).

Definition

In a Chapter 7 bankruptcy case, a motion by the court, the United States trustee, the trustee, the administrator, or any party in interest to dismiss a debtor's case on the ground that granting that debtor relief would constitute an abuse of the provisions of Chapter 7 of the United States Bankruptcy Code.

Definition

In a bankruptcy case, a notice the court clerk must give the debtor that describes the "general purpose, benefits, and costs" of proceeding under particular chapters of the United States Bankruptcy Code and specifies the consequences of concealing assets and making false statements.

See also

• 11 U.S.C. § 342
• Bankruptcy

Definition

A common notice period required by many state and local landlord-tenant laws and ordinances.

A notice from a landlord to a tenant to vacate the premises within 30 days; a notice from a landlord to a tenant informing the tenant of a change in the terms of the tenancy, e.g. an increase in rent; or a notice from a tenant to a landlord informing the landlord of his or her intent to vacate the premises within 30 days.

Definition

An exchange, i.e. sale and reinvestment of the proceeds therefrom, of business or investment property for like-kind business or investment property, which allows a seller to defer payment of capital gains taxes.

Illustrative caselaw

See, e.g. Teruya Bros., Ltd. v. C.I.R., 580 F.3d 1038 (9th Cir. 2009).