Edwards V. Habib
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Edwards V. Habib
In United States landlord-tenant law, ''Edwards v. Habib'', 397 F.2d 687 (D.C. Cir. 1968), was a case decided by the D.C. Circuit that includes the first recognition of retaliatory eviction as a defense to eviction. Factual background Plaintiff Edwards rented Renting, also known as hiring or letting, is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for a ... property from defendant Habib on a month-to-month basis. Habib failed to address sanitary code violations brought up by Edwards, so Edwards reported Habib to the Department of Licenses and the Inspection Department. An inspection revealed 40 sanitary code violations, and Habib was ordered to rectify the violations. After the inspection, Habib obtained a default judgment against Edwards in a statutory eviction action. Holding The court held that a tenant cannot be evicted ...
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United States Court Of Appeals For The District Of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate courts, and covers only one district court: the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square, Washington, D.C. The D.C. Circuit's prominence and prestige among American federal courts is second only to the U.S. Supreme Court because its geographic jurisdiction contains the U.S. Capitol and the headquarters of many of the U.S. federal government's executive departments and government agencies, and therefore it is the main federal appellate court for many issues of American administrative law and constitutional law. Four of the current nine justices on the Supreme Court were previously judges on the D.C. Circuit including Chief Justice John Roberts, a ...
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Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
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John A
Sir John Alexander Macdonald (January 10 or 11, 1815 – June 6, 1891) was the first prime minister of Canada, serving from 1867 to 1873 and from 1878 to 1891. The dominant figure of Canadian Confederation, he had a political career that spanned almost half a century. Macdonald was born in Scotland; when he was a boy his family immigrated to Kingston in the Province of Upper Canada (today in eastern Ontario). As a lawyer, he was involved in several high-profile cases and quickly became prominent in Kingston, which elected him in 1844 to the legislature of the Province of Canada. By 1857, he had become premier under the colony's unstable political system. In 1864, when no party proved capable of governing for long, Macdonald agreed to a proposal from his political rival, George Brown, that the parties unite in a Great Coalition to seek federation and political reform. Macdonald was the leading figure in the subsequent discussions and conferences, which resulted in the Brit ...
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James Skelly Wright
James Skelly Wright (January 14, 1911 – August 6, 1988) was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit and previously was a United States district judge of the United States District Court for the Eastern District of Louisiana. Education and career Born on January 14, 1911, in New Orleans, Louisiana, Wright received a Bachelor of Philosophy in 1931 from Loyola University New Orleans and a Juris Doctor in 1934 from Loyola University New Orleans College of Law. He was a high school teacher in New Orleans from 1932 to 1936. He was a lecturer at Loyola University New Orleans from 1936 to 1937. He was an Assistant United States Attorney for the Eastern District of Louisiana from 1937 to 1942 and again from 1945 to 1946. He was a United States Coast Guard lieutenant commander from 1942 to 1945. He was in private practice in Washington, D.C. from 1946 to 1948. He was the United States Attorney for the Eastern District of Lou ...
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Carl E
Carl may refer to: *Carl, Georgia, city in USA *Carl, West Virginia, an unincorporated community *Carl (name), includes info about the name, variations of the name, and a list of people with the name *Carl², a TV series * "Carl", an episode of television series ''Aqua Teen Hunger Force'' * An informal nickname for a student or alum of Carleton College CARL may refer to: *Canadian Association of Research Libraries *Colorado Alliance of Research Libraries See also *Carle (other) *Charles *Carle, a surname *Karl (other) *Karle (other) Karle may refer to: Places * Karle (Svitavy District), a municipality and village in the Czech Republic * Karli, India, a town in Maharashtra, India ** Karla Caves, a complex of Buddhist cave shrines * Karle, Belgaum, a settlement in Belgaum d ... {{disambig ja:カール zh:卡尔 ...
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Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ...
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Retaliatory Eviction
In American landlord–tenant law, a retaliatory eviction is a substantive defense and affirmative cause of action that can be used by a tenant against a landlord. If a tenant reports sanitary violations or violations of minimum housing standards, the landlord cannot evict the tenant in retaliation for reporting the poor housing conditions. History Retaliatory eviction first appeared as a tenant's defense against eviction in ''Edwards v. Habib'' (1968), where a tenant was evicted after reporting sanitary code violations. The D.C. Circuit recognized that the eviction was unjustified because it was in retaliation for the reporting of violations. As a defense The defense of retaliatory eviction was first recognized in the D.C. Circuit case ''Edwards v. Habib''. West Virginia In the case ''Imperial Colliery Co. v. Fout'', the West Virginia Supreme Court reaffirmed that retaliatory eviction was a valid defense against eviction, but added the condition that the retaliation must be ag ...
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Eviction
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term ''eviction'' is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with ''ejectment'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdict ...
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Lease
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use. The term rental agreement can refer to two kinds of leases: * A lease in which the asset is tangible property. Here, the user '' rents'' the asset (e.g. land or goods) ''let out'' or ''rented out'' by the owner (the verb ''to lease'' is less precise because it can r ...
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