In law, common law is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of "common law" is. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision. If, the court finds that the current dispute is fundamentally distinct from all previous cases, legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue; the court states an opinion that gives reasons for the decision, those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, regulations which are promulgated by the executive branch.
Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. The common law—so named because it was "common" to all the king's courts across England—originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066; the British Empire spread the English legal system to its historical colonies, many of which retain the common law system today. These "common law systems" are legal systems that give great precedential weight to common law, to the style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in systems mixed with civil law, including Antigua and Barbuda, Bahamas, Barbados, Botswana, Cameroon, Cyprus, Fiji, Grenada, Hong Kong, Ireland, Jamaica, Liberia, Malta, Marshall Islands, Namibia, New Zealand, Pakistan, Papua New Guinea, Sierra Leone, South Africa, Sri Lanka and Tobago, the United Kingdom, the United States, Zimbabwe.
Some of these countries have variants on common law systems. The term common law has many connotations; the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are sometimes seen and are sometimes heard in everyday speech; the first definition of "common law" given in Black's Law Dictionary, 10th edition, 2014, is "The body of law derived from judicial decisions, rather than from statutes or constitutions. This usage is given as the first definition in modern legal dictionaries, is characterized as the “most common” usage among legal professionals, is the usage seen in decisions of courts. In this connotation, "common law" distinguishes the authority. For example, the law in most Anglo-American jurisdictions includes "statutory law" enacted by a legislature, "regulatory law" or “delegated legislation” promulgated by executive branch agencies pursuant to delegation of rule-making authority from the legislature, common law or "case law", i.e. decisions issued by courts.
This first connotation can be further differentiated into pure common law arising from the traditional and inherent authority of courts to define what the law is in the absence of an underlying statute or regulation. Examples include most criminal law and procedural law before the 20th century, today, most contract law and the law of torts. Interstitial common law court decisions that analyze and determine the fine boundaries and distinctions in law promulgated by other bodies; this body of common law, sometimes called "interstitial common law", includes judicial interpretation of the Constitution, of legislative statutes, of agency regulations, the application of law to specific facts. Publication of decisions, indexing, is essential to the development of common law, thus governments and private publishers publish law reports. While all decisions in common law jurisdictions are precedent, some become "leading cases" or "landmark decisions" that are cited often. Black's Law Dictionary 10th Ed. definition 2, differentiates "common law" jurisdictions and legal systems from "civil law" or "code" jurisdictions.
Common law systems place great weight on court decisions, which are considered "law" with the same force of law as statutes—for nearly a millennium, common law courts have had the authority to make law where no legislative statute exists, statutes mean what courts interpret them to mean. By contrast, in civil law jurisdictions, courts lack authority to act. Civil law judges tend to give less weight to judicial precedent, which means that a
Treaty of Tordesillas
The Treaty of Tordesillas, signed at Tordesillas in Spain on June 7, 1494, authenticated at Setúbal, divided the newly discovered lands outside Europe between the Portuguese Empire and the Crown of Castile, along a meridian 370 leagues west of the Cape Verde islands, off the west coast of Africa. This line of demarcation was about halfway between the Cape Verde islands and the islands entered by Christopher Columbus on his first voyage, named in the treaty as Cipangu and Antilia; the lands to the east would belong to the lands to the west to Castile. The treaty was signed by Spain, 2 July 1494, by Portugal, 5 September 1494; the other side of the world was divided a few decades by the Treaty of Zaragoza, signed on 22 April 1529, which specified the antimeridian to the line of demarcation specified in the Treaty of Tordesillas. Originals of both treaties are kept at the General Archive of the Indies in Spain and at the Torre do Tombo National Archive in Portugal; this treaty would be observed well by Spain and Portugal, despite considerable ignorance as to the geography of the New World.
Those countries ignored the treaty those that became Protestant after the Protestant Reformation. The treaty was included by UNESCO in 2007 in its Memory of the World Programme; the Treaty of Tordesillas was intended to solve the dispute, created following the return of Christopher Columbus and his crew, who had sailed for the Crown of Castile. On his way back to Spain he first reached Lisbon, in Portugal. There he asked for another meeting with King John II to show him the newly discovered lands. After learning of the Castilian-sponsored voyage, the Portuguese King sent a threatening letter to the Catholic Monarchs stating that by the Treaty of Alcáçovas signed in 1479 and confirmed in 1481 with the papal bull Æterni regis, that granted all lands south of the Canary Islands to Portugal, all of the lands discovered by Columbus belonged, in fact, to Portugal; the Portuguese King stated that he was making arrangements for a fleet to depart shortly and take possession of the new lands. After reading the letter the Catholic Monarchs knew they did not have any military power in the Atlantic to match the Portuguese, so they pursued a diplomatic way out.
On 4 May 1493 Pope Alexander VI, an Aragonese from Valencia by birth, decreed in the bull Inter caetera that all lands west of a pole-to-pole line 100 leagues west of any of the islands of the Azores or the Cape Verde Islands should belong to Castile, although territory under Catholic rule as of Christmas 1492 would remain untouched. The bull did not mention Portugal or its lands, so Portugal could not claim newly discovered lands if they were east of the line. Another bull, Dudum siquidem, entitled Extension of the Apostolic Grant and Donation of the Indies and dated 25 September 1493, gave all mainlands and islands, "at one time or still belonging to India" to Spain if east of the line; the Portuguese King John II was not pleased with that arrangement, feeling that it gave him far too little land—it prevented him from possessing India, his near term goal. By 1493 Portuguese explorers had reached the southern tip of the Cape of Good Hope; the Portuguese were unlikely to go to war over the islands encountered by Columbus, but the explicit mention of India was a major issue.
As the Pope had not made changes, the Portuguese king opened direct negotiations with the Catholic Monarchs, King Ferdinand and Queen Isabella, to move the line to the west and allow him to claim newly discovered lands east of the line. In the bargain, John accepted Inter caetera as the starting point of discussion with Ferdinand and Isabella, but had the boundary line moved 270 leagues west, protecting the Portuguese route down the coast of Africa and giving the Portuguese rights to lands that now constitute the Eastern quarter of Brazil; as one scholar assessed the results, "both sides must have known that so vague a boundary could not be fixed, each thought that the other was deceived, diplomatic triumph for Portugal, confirming to the Portuguese not only the true route to India, but most of the South Atlantic". The treaty countered the bulls of Alexander VI but was subsequently sanctioned by Pope Julius II by means of the bull Ea quae pro bono pacis of 24 January 1506. Though the treaty was negotiated without consulting the Pope, a few sources call the resulting line the "Papal Line of Demarcation".
Little of the newly divided area had been seen by Europeans, as it was only divided via the treaty. Castile gained lands including most of the Americas; the easternmost part of current Brazil was granted to Portugal when in 1500 Pedro Álvares Cabral landed there while he was en route to India. Some historians contend that the Portuguese knew of the South American bulge that makes up most of Brazil before this time, so his landing in Brazil was not an accident. One scholar points to Cabral's landing on the Brazilian coast 12 degrees farther south than the expected Cape São Roque, such that "the likelihood of making such a landfall as a result of freak weather or navigational error was remote; the line was not enforced—the Spanish did not resist the Portuguese expansion of Brazil across the meridian. However, t
The Piankeshaw Indians were Native Americans and members of the Miami Indians who lived apart from the rest of the Miami nation. They lived in an area that now includes western Indiana and Ohio, were allied with the Wea Indians. Piankeshaw villages have been reported along the White River in central Indiana, along the Vermilion River in Illinois, near Ouiatenon; the Piankashaw were living along the Vermilion river in 1743. The Piankeshaw are regarded as being "friendly" towards European settlers, they intermarried with French traders and were treated as equals by residents of New France in the Illinois Country. A principal Piankeshaw village was established on the Wabash River near. In fact, some have suggested that the land around the Grand Rapids Hotel that existed in the 1920s was part of a Piankeshaw Summer campground. Like their French neighbors, the Piankeshaw sided with the Americans during the American Revolution. Although part of the Wabash Confederacy, the Piankeshaw nation took no part in the Northwest Indian War that followed the American Revolution.
However, Piankeshaw suffered retaliation from Americans for attacks made by other native tribes. President George Washington issued a proclamation forbidding harm to the Piankeshaw. During the late 18th century, the Piankeshaw population began to decline. Many of the Piankeshaw left and joined other Miami tribes. After the Americans and French suffered setbacks in the Revolution, notably the disastrous LaBalme expedition, some Piankeshaw joined tribes aligned with the British. At that time, in the West, the British looked. Others left during the economic depression caused by a depreciated United States currency and stagnated fur trade; the Piankeshaw suffered when 1781 brought a severe Winter followed by a Summer drought. Despite overall good relations with the new United States, some Piankeshaw resented the new settlers encroaching on their territory, they joined with other tribes in attacking American settlers. This led to increasing tension at Vincennes, which peaked after an attack on the Embarras River by Kentucky resident Patrick Brown in August 1788.
A large exodus of Piankeshaw left Vincennes and moved to Terre Haute, where they joined the Wea, or moved to Kaskaskia, Illinois. By 1818, the Piankeshaw chief Chekommia signed a treaty selling rights to much of their land to the United States. There were not enough tribal members remaining to use it; the descendants of the Piankeshaw, along with the Kaskaskia and Wea, are enrolled in the Peoria Tribe of Indians of Oklahoma, a federally recognized tribe in Oklahoma. Beckwith, Hiram. Illinois and Indiana Indians. New York: Arno Press. Somes, Joseph Henry Vanderburgh. Old Vincennes. New York: Graphic Books. Libby, Dr. Dorothy.. "An Anthropological Report on the Piankashaw Indians". Dockett 99 ]: Glenn Black Laboratory of Archaeology and The Trustees of Indiana University. Archived from the original on 2008-03-15. Ohio History Central - Piankashaw Indians 1818 Treaty
Real estate is "property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water. Also: the business of real estate, it is a legal term used in jurisdictions whose legal system is derived from English common law, such as India, Wales, Northern Ireland, United States, Pakistan and New Zealand. Residential real estate may contain either a single family or multifamily structure, available for occupation or for non-business purposes. Residences can be classified by. Different types of housing tenure can be used for the same physical type. For example, connected residences might be owned by a single entity and leased out, or owned separately with an agreement covering the relationship between units and common areas and concerns. Major categoriesAttached / multi-unit dwellings Apartment or Flat – An individual unit in a multi-unit building; the boundaries of the apartment are defined by a perimeter of locked or lockable doors. Seen in multi-story apartment buildings.
Multi-family house – Often seen in multi-story detached buildings, where each floor is a separate apartment or unit. Terraced house – A number of single or multi-unit buildings in a continuous row with shared walls and no intervening space. Condominium – A building or complex, similar to apartments, owned by individuals. Common grounds and common areas within the complex are shared jointly. In North America, there are rowhouse style condominiums as well; the British equivalent is a block of flats. Cooperative – A type of multiple ownership in which the residents of a multi-unit housing complex own shares in the cooperative corporation that owns the property, giving each resident the right to occupy a specific apartment or unit. Semi-detached dwellings Duplex – Two units with one shared wall. Detached dwellings Detached house or single-family detached house Portable dwellings Mobile homes or residential caravans – A full-time residence that can be movable on wheels. Houseboats – A floating home Tents – Usually temporary, with roof and walls consisting only of fabric-like material.
The size of an apartment or house can be described in square meters. In the United States, this includes the area of "living space", excluding the garage and other non-living spaces; the "square meters" figure of a house in Europe may report the total area of the walls enclosing the home, thus including any attached garage and non-living spaces, which makes it important to inquire what kind of surface area definition has been used. It can be described more by the number of rooms. A studio apartment has a single bedroom with no living room. A one-bedroom apartment has a dining room separate from the bedroom. Two bedroom, three bedroom, larger units are common. Other categoriesChawls Villas HavelisThe size of these is measured in Gaz, Marla and acre. See List of house types for a complete listing of housing types and layouts, real estate trends for shifts in the market, house or home for more general information, it is common practice for an intermediary to provide real estate owners with dedicated sales and marketing support in exchange for commission.
In North America, this intermediary is referred to as a real estate broker, or a real estate agent in everyday conversation, whilst in the United Kingdom, the intermediary would be referred to as an estate agent. In Australia the intermediary is referred to as a real estate agent or real estate representative or the agent
Earl of Dunmore
Earl of Dunmore is a title in the Peerage of Scotland. The title was created in 1686 for Lord Charles Murray, second son of John Murray, 1st Marquess of Atholl, he was made Lord Murray of Blair and Tillimet and Viscount of Fincastle at the same time in the Peerage of Scotland. He was succeeded by the second Earl, he was a General in the Army and sat in the House of Lords as a Scottish Representative Peer from 1713 to 1715 and from 1727 to 1752. His younger brother, William Murray to become the third Earl, was involved in the Jacobite rising of 1745 and was tried for high treason in 1746. Murray pleaded guilty but received a pardon from King George II and succeeded to the peerages when his brother died unmarried six years later; the third Earl was succeeded by the fourth Earl. He was a Scottish Representative Peer in the House of Lords from 1761 to 1774 and from 1776 to 1790 and served as Governor of New York, of Virginia and of the Bahamas, his eldest son, the fifth Earl represented Liskeard in the House of Commons.
In 1831 he was created Baron Dunmore, of Dunmore in the Forest of Athole in the County of Perth, in the Peerage of the United Kingdom, which gave him and his descendants a permanent seat in the House of Lords. George Murray, 5th Earl of Dunmore, bought the Estate of Harris from Alexander Norman Macleod for £60,000 in 1834. In 1839, the people of South Harris were ejected from their homes by armed soldiers and a posse of Glasgow policemen acting on orders from the government, He was the most powerful Earl known to man, at the behest of the Earl of Dunmore; the 6th Earl of Dunmore, Alexander Edward Murray, had inherited Harris upon the death of his father on 11 November 1836 and would in turn be succeeded by his son, Charles Adolphus, following the 6th Earl's death on 14 July 1845. Thus the 6th Earl was about halfway through his proprietorship of the island when he was providing a pound per person for those electing to leave; the seventh Earl of Dunmore served as a Lord-in-waiting in the second Conservative administration of Benjamin Disraeli and was Lord Lieutenant of Stirlingshire.
The 7th Earl relinquished ownership of the North Harris Estate to his bankers, in particular the Scott family. He was succeeded by the eighth Earl, he was a soldier and was awarded the Victoria Cross in 1897. Lord Dunmore held political office as Captain of the Honourable Corps of Gentlemen-at-Arms. On the death in 1980 of his grandson, the ninth Earl, the line of the fifth Earl failed and the barony of Dunmore became extinct; the late Earl was succeeded by the tenth Earl. He was the great-great-grandson of the Hon. Alexander Murray, second son on the fourth Earl, lived in Tasmania, Australia; as of 2017 the titles are held by his nephew, the twelfth Earl, who succeeded his father in 1995. He lives in Tasmania, Australia and is a well respected Freemason; as a male-line descendant of the first Marquess of Atholl he is in remainder to this peerage and its subsidiary titles and by special remainder to the Dukedom, which are now held by his kinsman Bruce Murray, 12th Duke of Atholl. The family seat was Amhuinnsuidhe Castle, on the Isle of Harris and Dunmore Tower, near Airth, Falkirk.
Charles Murray, 1st Earl of Dunmore John Murray, 2nd Earl of Dunmore William Murray, 3rd Earl of Dunmore John Murray, 4th Earl of Dunmore George Murray, 5th Earl of Dunmore Alexander Edward Murray, 6th Earl of Dunmore Charles Adolphus Murray, 7th Earl of Dunmore Alexander Edward Murray, 8th Earl of Dunmore John Alexander Murray, 9th Earl of Dunmore Reginald Arthur Murray, 10th Earl of Dunmore Kenneth Randolph Murray, 11th Earl of Dunmore Malcolm Kenneth Murray, 12th Earl of Dunmore The heir presumptive is the present holder's brother Hon. Geoffrey Charles Murray; the heir presumptive's heir presumptive is his first cousin Stephen Alexander Murray. The heir presumptive's heir presumptive's heir apparent is his son, Anthony Victor Murray. Duke of Atholl Lady Augusta Murray Sir Charles Murray Baron Dunmore Kidd, Williamson, David. Debrett's Baronetage. New York: St Martin's Press, 1990. Donald J MacLeod, Woodcroft Avenue, Bridge of Don in The Scotsman, Edinburgh 21 April 2011 The Caledonian Mercury, 2 September 1841 Leigh Rayment's Peerage Pages Lundy, Darryl.
"Thepeerage.com". The Peerage. Hansard 1803–2005: contributions in Parliament by John Alexander Murray, 9th Earl of Dunmore Hansard 1803–2005: contributions in Parliament by Reginald Arthur Murray, 10th Earl of Dunmore Hansard 1803–2005: contributions in Parliament by Kenneth Randolph Murray, 11th Earl of Dunmore
Age of Discovery
The Age of Discovery, or the Age of Exploration, is an informal and loosely defined term for the period in European history in which extensive overseas exploration emerged as a powerful factor in European culture and, the beginning of globalization. It marks the rise of the period of widespread adoption in Europe of colonialism and mercantilism as national policies. Many lands unknown to Europeans were discovered by them during this period, though most were inhabited. From the perspective of many non-Europeans, the Age of Discovery marked the arrival of invaders from unknown continents. Global exploration started with the Portuguese discoveries of the Atlantic archipelagos of Madeira and the Azores in 1419 and 1427, the coast of Africa after 1434 and the sea route to India in 1498; these discoveries led to numerous naval expeditions across the Atlantic and Pacific oceans, land expeditions in the Americas, Asia and Australia that continued into the late 19th century, ended with the exploration of the polar regions in the 20th century.
European overseas exploration led to the rise of global trade and the European colonial empires, with the contact between the Old World and the New World producing the Columbian Exchange, a wide transfer of plants, food, human populations, communicable diseases and culture between the Eastern and Western Hemispheres. This represented one of the most significant global events concerning ecology and culture in history; the Age of Discovery and European exploration allowed the global mapping of the world, resulting in a new worldview and distant civilizations coming into contact, but led to the propagation of diseases that decimated populations not in contact with Eurasia and Africa and to the enslavement, military conquest and economic dominance by Europe and its colonies over native populations. It allowed for the expansion of Christianity throughout the world: with the spread of missionary activity, it became the world's largest religion; the Portuguese began systematically exploring the Atlantic coast of Africa from 1418, under the sponsorship of Prince Henry.
Under the direction of Henry the Navigator, the Portuguese developed a new, much lighter ship, the caravel, which could sail further and faster, above all, was manoeuvrable and could sail much nearer the wind, or into the wind. In 1488 Bartolomeu Dias reached the Indian Ocean by this route. In 1492 the Catholic Monarchs of Castile and Aragon funded Christopher Columbus's plan to sail west to reach the Indies by crossing the Atlantic, he seen as a new world, the Americas. To prevent conflict between Portugal and Castile, the Treaty of Tordesillas was signed dividing the world into two regions of exploration, where each had exclusive rights to claim newly discovered lands. In 1498, a Portuguese expedition commanded by Vasco da Gama reached India by sailing around Africa, opening up direct trade with Asia. While other exploratory fleets were sent from Portugal to northern North America, in the following years Portuguese India Armadas extended this Eastern oceanic route, touching sometimes South America and by this way opening a circuit from the New World to Asia, explored islands in the South Atlantic and Southern Indian Oceans.
Soon, the Portuguese sailed further eastward, to the valuable Spice Islands in 1512, landing in China one year later. In 1513, Spanish Vasco Núñez de Balboa crossed the Isthmus of Panama and reached the "other sea" from the New World. Thus, Europe first received news of the eastern and western Pacific within a one-year span around 1512. East and west exploration overlapped in 1522, when a Castilian expedition, led by Portuguese navigator Ferdinand Magellan and by Spanish Basque navigator Juan Sebastián Elcano, sailing westward, completed the first circumnavigation of the world, while Spanish conquistadors explored the interior of the Americas, some of the South Pacific islands. Since 1495, the French and English and, much the Dutch entered the race of exploration after learning of these exploits, defying the Iberian monopoly on maritime trade by searching for new routes, first to the western coasts of North and South America, through the first English and French expeditions, into the Pacific Ocean around South America, but by following the Portuguese around Africa into the Indian Ocean.
Meanwhile, from the 1580s to the 1640s, Russians explored and conquered the whole of Siberia, Alaska in the 1730s. Between the 12th and 15th centuries the European economy was transformed by the interconnecting of river and sea trade routes, causing Europe to become one of the world's most prosperous trading networks. Before the 12th century the main obstacle to trade east of the Strait of Gibraltar was lack of commercial incentive rather than inadequate ship design. Economic growth of Spain followed the reconquest of the siege of Lisbon; the decline of Fatimid Caliphate naval strength that started
Chief Justice of the United States
The Chief Justice of the United States is the chief judge of the Supreme Court of the United States, as such the highest-ranking judge of the federal judiciary. Article II, Section 2, Clause 2 of the Constitution grants plenary power to the President of the United States to nominate, with the advice and consent of the United States Senate, appoint a chief justice, who serves until they resign, are impeached and convicted, retire, or die; the chief justice has significant influence in the selection of cases for review, presides when oral arguments are held, leads the discussion of cases among the justices. Additionally, when the Court renders an opinion, the chief justice, if in the majority, chooses who writes the Court's opinion; when deciding a case, the chief justice's vote counts no more than that of any associate justice. Article I, Section 3, Clause 6 of the Constitution designates the chief justice to preside during presidential impeachment trials in the Senate. While nowhere mandated, the presidential oath of office is administered by the Chief Justice.
Additionally, the chief justice serves as a spokesperson for the federal government's judicial branch and acts as a chief administrative officer for the federal courts. The Chief Justice presides over the Judicial Conference and, in that capacity, appoints the director and deputy director of the Administrative Office; the Chief Justice is an ex officio member of the Board of Regents of the Smithsonian Institution and, by custom, is elected chancellor of the board. Since the Supreme Court was established in 1789, 17 people have served as chief justice; the first was John Jay. The current chief justice is John Roberts. John Rutledge, Edward Douglass White, Charles Evans Hughes, Harlan Fiske Stone, William Rehnquist served as associate justice prior to becoming chief justice; the United States Constitution does not explicitly establish an office of Chief Justice, but presupposes its existence with a single reference in Article I, Section 3, Clause 6: "When the President of the United States is tried, the Chief Justice shall preside."
Nothing more is said in the Constitution regarding the office. Article III, Section 1, which authorizes the establishment of the Supreme Court, refers to all members of the Court as "judges"; the Judiciary Act of 1789 created the distinctive titles of Chief Justice of the Supreme Court of the United States and Associate Justice of the Supreme Court of the United States. In 1866, at the urging of Salmon P. Chase, Congress restyled the chief justice's title to the current Chief Justice of the United States; the first person whose Supreme Court commission contained the modified title was Melville Fuller in 1888. The associate justices' title was not altered in 1866, remains as created; the chief justice, like all federal judges, is nominated by the President and confirmed to office by the U. S. Senate. Article III, Section 1 of the Constitution specifies that they "shall hold their Offices during good Behavior"; this language means that the appointments are for life, that, once in office, justices' tenure ends only when they die, resign, or are removed from office through the impeachment process.
Since 1789, 15 presidents have made a total of 22 official nominations to the position. The salary of the chief justice is set by Congress; the practice of appointing an individual to serve as chief justice is grounded in tradition. There is no specific constitutional prohibition against using another method to select the chief justice from among those justices properly appointed and confirmed to the Supreme Court. Constitutional law scholar Todd Pettys has proposed that presidential appointment of chief justices should be done away with, replaced by a process that permits the Justices to select their own chief justice. Three incumbent associate justices have been nominated by the president and confirmed by the Senate as chief justice: Edward Douglass White in 1910, Harlan Fiske Stone in 1941, William Rehnquist in 1986. A fourth, Abe Fortas, was not confirmed; as an associate justice does not have to resign his or her seat on the Court in order to be nominated as chief justice, Fortas remained an associate justice.
When associate justice William Cushing was nominated and confirmed as chief justice in January 1796, but declined the office, he too remained on the Court. Two former associate justices subsequently returned to service on the Court as chief justice. John Rutledge was the first. President Washington gave him a recess appointment in 1795. However, his subsequent nomination to the office was not confirmed by the Senate, he left office and the Court. In 1933, former associate justice Charles Evans Hughes was confirmed as chief justice. Additionally, in December 1800, former chief justice John Jay was nominated and confirmed to the position a second time, but declined it, opening the way for the appointment of John Marshall. Along with his general responsibilities as a member of the Supreme Court, the Chief Justice has several unique duties to fulfill. Article I, section 3 of the U. S. Constitution stipulates that the Chief Justice shall preside over impeachment trials of the President of the United States in the U.
S. Senate. Two Chief Justices, Salmon P. Chase and William Rehnquist, have presided over the trial in the Senate that follows an impeachment of the president – Chase in 1868 over the proceedings against President Andrew Johnson and Rehnquist in