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Civil Penalty
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered to be a criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. As such, a civil penalty, in itself, will not carry jail time or other legal penalties. For example, if a person were to dump toxic waste in a state park, the state would have the same right to seek to recover the cost of cleaning up the mess as would a private landowner, and to bring the complaint to a court of law, if necessary. Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a burden of proof that is "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Agency
A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an administration. There is a notable variety of agency types. Although usage differs, a government agency is normally distinct both from a department or ministry, and other types of public body established by government. The functions of an agency are normally executive in character since different types of organizations (''such as commissions'') are most often constituted in an advisory role—this distinction is often blurred in practice however, it is not allowed. A government agency may be established by either a national government or a state government within a federal system. Agencies can be established by legislation or by executive powers. The autonomy, independence, and accountability of government agencies also vary widely. History Early exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Judgment
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises depend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the '' actus reus'' (an action) from which the specific injury or other effect arose and is combined with '' mens rea'' (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the '' mens rea'' is immaterial to the result and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wrongful Death Claim
Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, losses, and suffering they've suffered after losing a loved one. Types of wrongful death claims Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Wrongful death claims are often based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, product liability, and medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway. Common law jurisdictions In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person.22A Am. Jur. 2d Death § 1. Under common law, a dead person cannot brin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speed Limit
Speed limits on road traffic, as used in most countries, set the legal maximum speed at which vehicles may travel on a given stretch of road. Speed limits are generally indicated on a traffic sign reflecting the maximum permitted speed - expressed as kilometres per hour (km/h) and/or miles per hour (mph). Speed limits are commonly set by the legislative bodies of national or provincial governments and enforced by national or regional police and judicial authorities. Speed limits may also be variable, or in some places nonexistent, such as on most of the Autobahnen in Germany. The first numeric speed limit for automobiles was the limit introduced in the United Kingdom in 1861. the highest posted speed limit in the world is , applied on two motorways in the UAE. Speed limits and safety distance are poorly enforced in the UAE, specifically on the Abu Dhabi to Dubai motorway - which results in dangerous traffic, according to a French-government travel-advisory. Additionally, "dr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moral Responsibility
In philosophy, moral responsibility is the status of morally deserving praise, blame, reward, or punishment for an act or omission in accordance with one's moral obligations. Deciding what (if anything) counts as "morally obligatory" is a principal concern of ethics. Philosophers refer to people who have moral responsibility for an action as moral agents. Agents have the capability to reflect upon their situation, to form intentions about how they will act, and then to carry out that action. The notion of free will has become an important issue in the debate on whether individuals are ever morally responsible for their actions and, if so, in what sense. Incompatibilists regard determinism as at odds with free will, whereas compatibilists think the two can coexist. Moral responsibility does not necessarily equate to legal responsibility. A person is legally responsible for an event when a legal system is liable to penalise that person for that event. Although it may often be th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product (or its production) even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Safety
Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public from significant danger, injury, or property damage. It is often conducted by a state government to ensure the protection of citizens, persons in their territory, organizations, and institutions against threats to their well-being, survival, and prosperity. The public safety issues that a municipality, county, regional, or federal jurisdiction may handle include crimes (ranging from misdemeanors to felonies), structure fires, conflagrations, medical emergencies, mass-casualty incidents, disasters, terrorism, and other concerns. Public safety organizations are organizations that conduct public safety. They generally consist of emergency services and first responders such as law enforcement, fire services, emergency medical services, security forces, and military forces. They are often operated by a government, though some private public safe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
