LAW 1101 Case Brief for Test

LAW 1101 Case Brief for Test - Alex Kissinger Julia Tippy...

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Alex Kissinger & Julia Tippy Case Brief Scott v. Sandford 60 U.S. 393; 15 L. Ed. 691; 1856 U.S. LEXIS 472; 19 HOW 393 Facts: Scott filed an assault charge against Sandford. Sanford argued that Scott was not a citizen of Missouri. The court said that Scott did not gain his freedom by being transferred into a territory of the United States declared free by Congress. This was because Congress’s rules only applied to those states that were in the United States when the Constitution was drafted. Scott didn’t gain his freedom by being taken in the free state of Illinois because the property laws couldn’t grant his freedom. The court ordered that Sandford was not liable for assault because Scott was
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Unformatted text preview: considered a slave of African decent. Issues: Whether Sandford should be liable for the assault against Scott? Proc. Hist: Certiorari was granted from the Circuit Court of the United States for the District of Missouri finding that respondent was not liable to petitioner for assault. The trial court held that petitioner was a slave and, therefore, petitioner was merely property and respondent was allowed to treat his property as he thought appropriate. Holding: Sanford wasn’t liable because Scott was considered a slave. Rat: Scott wasn’t a citizen and couldn’t bring the action in the court and was a slave of African decent....
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  • Spring '10
  • SamuelHodge
  • Abraham Lincoln, Slavery in the United States, American Civil War

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