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Dean Witter Reynolds Inc. V. Byrd
''Dean Witter Reynolds Inc. v. Byrd'', 470 U.S. 213 (1985), is a United States Supreme Court case concerning arbitration. It arose from an interlocutory appeal of a lower court's denial of brokerage firm Dean Witter Reynolds' motion to compel arbitration of the claims under state law made against it by an aggrieved former client. The Court held unanimously that the Federal Arbitration Act required that those claims be heard that way when the parties were contractually obligated to do so, even where parallel claims made under federal law would still be heard in federal court. Justice Thurgood Marshall wrote for the court, resolving a conflict between the appellate circuits; Byron White added a concurrence in which he noted some issues with the underlying securities law that were not before the Court but, he felt, could in future cases make it harder for parties such as Byrd to claim that federal law always allowed them to litigate private actions for securities fraud. In the afterm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accounta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Churning (finance)
Churning is the practice of executing trades for an investment account by a salesperson or broker in order to generate commission from the account. It is a breach of securities law in many jurisdictions, and it is generally actionable by the account holder for the return of the commissions paid, and any losses occasioned by the broker's choice of stocks. Courts generally look at the turnover of an investment account, or the number of times the investment capital has been re-invested during a year. For example, for an actively traded mutual fund, the entire assets of the fund will be involved in buying and selling transactions once every six to twenty-four months. In churning cases, the entire assets of the investor are often traded once a month, or even more frequently. As a commission is paid on each trade, commissions can substantially destroy the value of an investment account in a very short period of time. Critics of the practice of paying brokers commissions for managing inv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Tang
Thomas Tang (鄧心平, January 11, 1922 – July 18, 1995) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit and the first American of Chinese descent appointed to the federal judiciary. Education and career The son of a grocery owner, Tang was born and spent his early years in Phoenix, Arizona, where he attended public schools. He joined the military through ROTC in 1942 and became a First Lieutenant in the United States Army. After graduation from the Santa Clara University with a Bachelor of Science degree and the James E. Rogers College of Law at the University of Arizona with a Bachelor of Laws, he was again commissioned to the Army and served on the Korean peninsula during the Korean War. In 1952, Tang resigned from the Army and after a brief stint of private practice, served as Deputy County Attorney of Maricopa County, Arizona from 1952 to 1957 and Assistant Attorney General of Arizona from 1957 to 1959. He was then elected ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Goodwin
Alfred Theodore Goodwin (June 29, 1923 – December 27, 2022) was an American jurist who was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit and also a district judge of the United States District Court for the District of Oregon. Goodwin wrote the majority opinion for the Ninth Circuit in the famous pledge of allegiance case that was decided by the United States Supreme Court as '' Elk Grove Unified School District v. Newdow''. Goodwin found that the recitation of the Pledge with the words "under God" violated the Establishment Clause, but the Supreme Court reversed his ruling. Goodwin famously wrote, "A profession that we are a nation 'under God' is identical, for Establishment Clause purposes, to a profession that we are a nation 'under Jesus,' a nation 'under Vishnu,' a nation 'under Zeus,' or a nation 'under no god,' because none of these professions can be neutral with respect to religion." Education and career Born on June 29 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Respondent
{{unreferenced, date=February 2012 A respondent is a person who is called upon to issue a response to a communication made by another. The term is used in legal contexts, in survey methodology, and in psychological conditioning. Legal usage In legal usage, this specifically refers to the defendant in a legal proceeding commenced by a petition, or to an appellee, or the opposing party, in an appeal of a decision by an initial fact-finder. In the United States Senate, the two sides in an impeachment trial are called the management and the respondent. Survey and psychology usage In psychology, respondent conditioning is a synonym for classical conditioning Classical conditioning (also known as Pavlovian or respondent conditioning) is a behavioral procedure in which a biologically potent stimulus (e.g. food) is paired with a previously neutral stimulus (e.g. a triangle). It also refers to the lear ... or Pavlovian conditioning. Respondent behavior specifically refers to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Petitioner
{{Unreferenced, date=December 2009 A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition. In the courts The petitioner may seek a legal remedy if the state or another private person has acted unlawfully. In this case, the petitioner, often called a plaintiff, will submit a plea to a court to resolve the dispute. To the government On the other hand, the petitioner may be complaining against the law it to "... make no law... abridging... the right of the people peaceably to assemble, and to petition the government for redress of grievances". A petitioner need not seek a change to an existing law. Often, petitioners speak against (or in support of) legislative proposals as these progress. The Whig party A group of 17th century English politicians became known as Petitioners, due to their support of the Exclusion Bill, a bill which would prevent the succession to the throne of the Catholic James, D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moses H
Moses hbo, מֹשֶׁה, Mōše; also known as Moshe or Moshe Rabbeinu (Mishnaic Hebrew: מֹשֶׁה רַבֵּינוּ, ); syr, ܡܘܫܐ, Mūše; ar, موسى, Mūsā; grc, Mωϋσῆς, Mōÿsēs () is considered the most important prophet in Judaism and one of the most important prophets in Christianity, Islam, the Druze faith, the Baháʼí Faith and other Abrahamic religions. According to both the Bible and the Quran, Moses was the leader of the Israelites and lawgiver to whom the authorship, or "acquisition from heaven", of the Torah (the first five books of the Bible) is attributed. According to the Book of Exodus, Moses was born in a time when his people, the Israelites, an enslaved minority, were increasing in population and, as a result, the Egyptian Pharaoh worried that they might ally themselves with Egypt's enemies. Moses' Hebrew mother, Jochebed, secretly hid him when Pharaoh ordered all newborn Hebrew boys to be killed in order to reduce the population ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William J
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German '' Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name should ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Controlling Law
Controlling law is a legal term used in contracts, trusts, or other legal documents. It refers to the laws of the state which will be relied upon in settling disputes, and is often stated as one of the provisions in an official agreement between two parties. The term is used most frequently in contracts formed between two parties that do not reside in the same state. In such an instance, the authoring party usually includes a clause asserting that any litigation that arises involving the contract must do so under the laws of the author's home state. Establishing which state will be the venue for litigation is an important part of any contract, and affects nearly every form of industry or commerce that transcends borders. For example, in the United States, many insurance companies choose to locate their headquarters in Iowa or Connecticut where state law is seen as favorable to their interests. This ensures that any legal action taken against the corporation will occur under frie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Securities Act Of 1933
The Securities Act of 1933, also known as the 1933 Act, the Securities Act, the Truth in Securities Act, the Federal Securities Act, and the '33 Act, was enacted by the United States Congress on May 27, 1933, during the Great Depression and after the stock market crash of 1929. It is an integral part of United States securities regulation. It is legislated pursuant to the Interstate Commerce Clause of the Constitution. It requires every offer or sale of securities that uses the means and instrumentalities of interstate commerce to be registered with the SEC pursuant to the 1933 Act, unless an exemption from registration exists under the law. The term "means and instrumentalities of interstate commerce" is extremely broad and it is virtually impossible to avoid the operation of the statute by attempting to offer or sell a security without using an "instrumentality" of interstate commerce. Any use of a telephone, for example, or the mails would probably be enough to subject t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wilko V
Wilko may refer to: People * Wilko Johnson (1947–2022), English musician * Wilko de Vogt (born 1975), Dutch football goalkeeper, mostly played for Dutch clubs * Wilko Risser (born 1982), Namibian-German football forward, mostly played for German clubs, now plays for Chippa United Other uses * Wilko (retailer), a British high-street chain selling homewares and household goods * Wilko (horse), an American racehorse See also * Jonny Wilkinson Jonathan Peter Wilkinson, CBE (born 25 May 1979) is an English former rugby union player. A fly-half, he played for Newcastle Falcons and Toulon and represented England and the British & Irish Lions. He is particularly known for scoring the w ... (born 1979), English rugby player * '' The Maids of Wilko'', a 1979 film by Polish director Andrzej Wajda * Wilco (other) * Wilkos, surname {{disambiguation, given name, surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration In The United States
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. In practice arbitration is generally used as a substitute for litigation, particularly when the judicial process is perceived as too slow, expensive or biased. In some contexts, an arbitrator may be described as an umpire. History Agreements to arbitrate were not enforceable at common law. This rule has been traced back to dictum by Lord Coke in ''Vynor’s Case'', 8 Co. Rep. 81b, 77 Eng. Rep. 597 (1609), that agreements to arbitrate were revocable by either party. During the Industrial Revolution, merchants became increasingly opposed to this rule. They argued that too many valuable business relationships were being destroyed through years of expe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
