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Court Of Federal Claims
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the United States Court of Claims, which was established in 1855. The courthouse of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (on Madison Place across from the White House) in Washington, D.C. History Court of Claims (1855–1982) The court traces its origins directly back to 1855, when Congress established the United States Court of Claims to provide for the determination of private claims against the United States government. The legislation was signed into law on February 24, 1855, by President Franklin Pierce. Throughout its 160-year history, although it has undergone notable changes in name, siz ...
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Howard T
Howard is an English-language given name originating from Old French Huard (or Houard) from a Germanic source similar to Old High German ''*Hugihard'' "heart-brave", or ''*Hoh-ward'', literally "high defender; chief guardian". It is also probably in some cases a confusion with the Old Norse cognate ''Haward'' (''Hávarðr''), which means "high guard" and as a surname also with the unrelated Hayward. In some rare cases it is from the Old English ''eowu hierde'' "ewe herd". In Anglo-Norman the French digram ''-ou-'' was often rendered as ''-ow-'' such as ''tour'' → ''tower'', ''flour'' (western variant form of ''fleur'') → ''flower'', etc. (with svarabakhti). A diminutive is "Howie" and its shortened form is "Ward" (most common in the 19th century). Between 1900 and 1960, Howard ranked in the U.S. Top 200; between 1960 and 1990, it ranked in the U.S. Top 400; between 1990 and 2004, it ranked in the U.S. Top 600. People with the given name Howard or its variants include: G ...
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Benjamin Harrison
Benjamin Harrison (August 20, 1833March 13, 1901) was an American lawyer and politician who served as the 23rd president of the United States from 1889 to 1893. He was a member of the Harrison family of Virginia–a grandson of the ninth president, William Henry Harrison, and a great-grandson of Benjamin Harrison V, a founding father. Harrison was born on a farm by the Ohio River and graduated from Miami University in Oxford, Ohio. After moving to Indianapolis, he established himself as a prominent local attorney, Presbyterian church leader, and politician in Indiana. During the American Civil War, he served in the Union Army as a colonel, and was confirmed by the U.S. Senate as a brevet brigadier general of volunteers in 1865. Harrison unsuccessfully ran for governor of Indiana in 1876. The Indiana General Assembly elected Harrison to a six-year term in the Senate, where he served from 1881 to 1887. A Republican, Harrison was elected to the presidency in 1888, d ...
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Concurrent Jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to them. United States In the United States, concurrent jurisdiction exists to the extent that the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, when a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either federal court (under its diversity jurisdiction) or in the state court located in Florida (under its personal jurisdiction over the defendant). Concurrent jurisdiction may also be created where the United States Congress, in creating a cause of action, permits the courts of the states to hear cases alleging that cause of action. For example, a state court may h ...
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Article One Of The United States Constitution
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that membe ...
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Implied In Fact Contract
An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words. The United States Supreme Court has defined "an agreement 'implied in fact'" as "founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding." Although the parties may not have exchanged words of agreement, their conduct may indicate that an agreement existed. For example, if a patient goes to a doctor's appointment, the patient's actions indicate that they intend to receive treatment in exchange for paying reasonable/fair doctor's fees. Likewise, by seeing the patient, the doctor's actions indicate that they intend to treat the patient in exchange for payment of the bill. Therefore, it seems that a contract actually existed between the doctor and the patient, even though nobody spoke any words of agree ...
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Act Of Congress
An Act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called private laws), or to the general public ( public laws). For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States, be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from of both houses. Public law, private law, designation In the United States, Acts of Congress are designated as either public laws, relating to the general public, or private laws, relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111–5 (American Recovery and Reinvest ...
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United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ...
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Gregory Sisk
Gregory Charles Sisk is an American legal scholar. Sisk earned his bachelor's degree from Montana State University and studied law at the University of Washington School of Law. He taught for twelve years at the Drake University School of Law, where he held the Richard M. & Anita Calkins Distinguished Professorship, before joining the University of St. Thomas School of Law in 2003, where he is the Pio Cardinal Laghi Distinguished Chair in Law. Sisk is an elected member of the American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs .... References {{DEFAULTSORT:Sisk, Gregory Living people American legal scholars University of St. Thomas (Minnesota) faculty University of Washington School of Law alumni Drake University faculty Montana State University alumni Me ...
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Limited Jurisdiction
Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing authority, such as a constitution or a statute. Special jurisdiction courts must demonstrate that they are authorized to exert jurisdiction under their issuing authority. In contrast, general jurisdiction courts need only to demonstrate that they may assert in personal jurisdiction over a party. Differences Sometimes the term "special courts" is used to refer to courts of limited jurisdiction: "Special courts" has unfortunate connotations, however, because the designation is often given by totalitarian governments to tribunals set up to persecute government opponents or otherwise help commit human rights abuses. That is a different kind of justice: not because it does not confer upon courts the power to hear only certain types of cases; bu ...
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Special Master
In the law of the United States, a special master is generally a subordinate official appointed by a judge to ensure judicial orders are followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the judge as to the disposition of a matter. The special master should not be confused with the traditional common law concept of a master, a judge of the High Court entrusted to deal with summary and administrative matters falling short of a full trial. In the federal judiciary of the United States, a special master is an adjunct to a federal court. Rule 53 of the Federal Rules of Civil Procedure allows a federal court to appoint a special master, with the consent of the parties, to conduct proceedings and report to the Court. Role The role of the special master, who is frequently but not necessarily an attorney, is to supervise those falling under the order of the court to ensure that the court order is being followed and to report on the act ...
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National Childhood Vaccine Injury Act
The National Childhood Vaccine Injury Act (NCVIA) of 1986 (42 U.S.C. §§ 300aa-1 to 300aa-34) was signed into law by United States President Ronald Reagan as part of a larger health bill on November 14, 1986. NCVIA's purpose was to eliminate the potential financial liability of vaccine manufacturers due to vaccine injury claims to ensure a stable market supply of vaccines, and to provide cost-effective arbitration for vaccine injury claims. Under the NCVIA, the National Vaccine Injury Compensation Program (NVICP) was created to provide a federal no-fault system for compensating vaccine-related injuries or death by establishing a claim procedure involving the United States Court of Federal Claims and special masters. Background In the 1970s and 1980s, a controversy erupted related to the question of whether the whole-cell pertussis component of the DPT vaccine caused permanent brain injury known as pertussis vaccine encephalopathy, in rare cases. No studies showed a causal con ...
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Loren A
Loren is a given name, nickname and surname which may refer to: Given name Men * Loren Acton (born 1936), American physicist and astronaut * Loren C. Ball (born 1948), amateur astronomer who has discovered more than 100 asteroids * Loren M. Berry (1888–1980), American businessman * Loren Bouchard (born 1970), American television writer and director * Loren Cameron (born 1959), American photographer * Loren Carpenter (born 1947), American computer graphics researcher and developer * Loren Coleman (born 1947), American scientist and author * Loren L. Coleman (born 1947), American science-fiction writer * Loren W. Collins (1838–1912), American jurist and politician * Loren Mazzacane Connors (born 1949), American musician * Loren Crabtree (born 1940), American academic and chancellor * Loren Cunningham (born 1936), American missionary organizer * Loren Dean (born 1969), American actor * Loren C. Dunn (1930–2001), American general authority of the LDS Church * Loren Eiseley ...
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