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Dolan V. United States Postal Service
''Dolan v. United States Postal Service'', 546 U.S. 481 (2006), was a case decided by the Supreme Court of the United States, involving the extent to which the United States Postal Service has sovereign immunity from lawsuits brought by private individuals under the Federal Tort Claims Act. The Court ruled that an exception to the FTCA that barred liability for the "negligent transmission of mail" did not apply to a claim for injuries caused when someone Slip and fall, tripped over mail left by a USPS employee. Instead, the exception only applied to damage caused to the mail itself or that resulted from its loss or delay. Background of the case On August 25, 2001, Barbara Dolan Slip and fall, fell over letters, packages and periodicals placed on her porch by an employee of the United States Postal Service, suffering serious injury. Dolan initially filed an administrative claim with the Postal Service, which was denied on April 18, 2002. On October 15, 2002, Dolan filed a complai ...
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United States District Court For The Eastern District Of Pennsylvania
The United States District Court for the Eastern District of Pennsylvania (in case citations, E.D. Pa.) is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789. It originally sat in Independence Hall in Philadelphia as the United States District Court for the District of Pennsylvania, and is now located at the James Byrne Courthouse at 601 Market Street in Philadelphia. There are Eastern District federal courtrooms in Philadelphia, Lancaster, Allentown, Reading, and Easton. The Court's jurisdiction includes Philadelphia, as well as Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery and Northampton counties. The district is a part of the Third Circuit, and appeals are taken to that Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The chief judge for the Eastern Pennsylvania District Court is Juan Ramon Sánchez. The people in the ...
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Anthony Joseph Scirica
Anthony Joseph Scirica (born December 16, 1940) is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit. Education and career Scirica was born on December 16, 1940, in Norristown, Pennsylvania. He received a Bachelor of Arts degree from Wesleyan University in 1962. He received a Juris Doctor from the University of Michigan Law School in 1965. He was a Fulbright scholar at Central University of Venezuela in Caracas, Venezuela in 1966. He was in private practice of law in Norristown from 1966 to 1980. He was an assistant district attorney of Montgomery County, Pennsylvania, from 1967 to 1969. He was a Republican Pennsylvania State Representative from 1971 to 1979. He was a Judge on the Court of Common Pleas, Montgomery County from 1980 to 1984. Federal judicial service Scirica was nominated by President Ronald Reagan on June 19, 1984, to a seat on the United States District Court for the Eastern District of Pennsylvania vaca ...
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Slip And Fall
A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a tort. A person who is injured by falling may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred. Liability for slip or trip and fall injuries may arise based upon a defendant's ownership of the premises where the injury occurred, their control of the premises, or both. For example, a store may be liable for a slip-and-fall injury that occurs inside of its premises, even though it rents those premises, because it has exclusive control of the interior of the rented property. The owner of the premises (the store's landlord) may have sole or shared liability for an injury that occurs outside of the store's exclusive premises, such as the injury from a fall on the sidew ...
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United States Congress
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, the United States Senate, Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a Governor (United States), governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six Non-voting members of the United States House of Representatives, non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections in the United States, Elections are held every even-numbered year on Election Day (United States), Election Day. Th ...
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Webster's Dictionary
''Webster's Dictionary'' is any of the English language dictionaries edited in the early 19th century by American lexicographer Noah Webster (1758–1843), as well as numerous related or unrelated dictionaries that have adopted the Webster's name in honor. "''Webster's''" has since become a genericized trademark in the United States for English dictionaries, and is widely used in dictionary titles. Merriam-Webster is the corporate heir to Noah Webster's original works, which are in the public domain. Noah Webster's ''American Dictionary of the English Language'' Noah Webster (1758–1843), the author of the readers and spelling books which dominated the American market at the time, spent decades of research in compiling his dictionaries. His first dictionary, ''A Compendious Dictionary of the English Language'', appeared in 1806. In it, he popularized features which would become a hallmark of American English spelling (''center'' rather than ''centre'', ''honor'' rather ...
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United States Customs Service
The United States Customs Service was the very first federal law enforcement agency of the U.S. federal government. Established on July 31, 1789, it collected import tariffs, performed other selected border security duties, as well as conducted criminal investigations. In March 2003, as a result of the homeland security reorganization, the U.S. Customs Service was renamed the Bureau of Customs and Border Protection, and most of its components were merged with the border elements of the Immigration and Naturalization Service, including the entire U.S. Border Patrol and former INS inspectors, together with border agriculture inspectors, to form U.S. Customs and Border Protection, a single, unified border agency for the U.S. The investigative office of U.S. Customs was split off and merged with the INS investigative office and the INS interior detention and removal office to form Immigration and Customs Enforcement, which, among other things, is responsible for interior immigration ...
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Kosak V
Kosak is a surname. People * Artsyom Kosak (born 1977), Belarusian footballer and coach * Carl Constantine Kosak (born 1934), American author * Jan Kosak (born 1992), Czech footballer * Karin Kosak (born 1979), Austrian dressage rider * Vladimir Košak (1908–1947), Croatian economist and politician See also * * Kosac ''The Reaper'' ( hr, Kosac) is a 2014 Croatian-Slovenian drama film directed by Zvonimir Jurić. It was selected to be screened in the Contemporary World Cinema section at the 2014 Toronto International Film Festival. Cast * Ivo Gregurević as ... {{Surname Surnames Surnames of Belarusian origin Surnames of Czech origin Surnames of European origin Ethonymic surnames ...
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Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1991. After Marshall, Thomas is the second African American to serve on the Court and its longest-serving member since Anthony Kennedy's retirement in 2018. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but was frustrated over the church's insufficient attempts to combat racism. He abandoned his aspiration of becoming a clergyman to attend the College of the Holy Cross and, later, Yale Law School, where he was influenced by a number of conservative authors, notably Thomas Sowell, who dramatically shifted his worldview from progres ...
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Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy became th ...
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Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue i ...
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Oral Argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute. Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented. Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appeal court. Unlike trial court procedure, ...
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