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Equal Access To Justice Act
In the United States of America, the Equal Access to Justice Act (EAJA) authorizes the payment of attorney's fees to a prevailing party in an action against the United States absent a showing by the government that its position in the underlying litigation "was substantially justified". The Act is codified in scattered sections of the United States Code: 5 U. S. C. § 504provides that an agency that conducts an adversary adjudication against a prevailing party (as "party" is defined) shall pay the fees and expenses of the party, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified. "Adversary adjudication" is defined as a formal trial-type ''ex parte'' proceeding in which the agency is adverse to the party, and governed by 5 U. S. C. § 554 "trial type" proceedings, as opposed to an ''inter partes'' proceeding in which the agency adjudicates a dispute between two parties, or the less-formal proceedings of § 555. 28 U. S. C.  ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Of America
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney's Fees
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Recent studies suggest that when lawyers charge a flat-fee rather than billing by the hour, they work less hard on behalf of clients and clients get worse outcomes. Attorney fees are separate from fines, compensatory and punitive damages, and (except in Nevada) from court costs in a legal case. Under the " American rule", attorney fees are usually not paid by the losing party to the winning party in a case, except pursuant to specific statutory or contractual rights. Overview The phrase is a legal term of art in American jurisprudence (in which lawyers are collectively referred to as "attorneys", a wording practice not found in most other legal systems). Attorney's fees (or attorneys' fees, depending upon number of attorneys involved, or simplified to attorney fees) are th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Access To Justice Act
In the United States of America, the Equal Access to Justice Act (EAJA) authorizes the payment of attorney's fees to a prevailing party in an action against the United States absent a showing by the government that its position in the underlying litigation "was substantially justified". The Act is codified in scattered sections of the United States Code: 5 U. S. C. § 504provides that an agency that conducts an adversary adjudication against a prevailing party (as "party" is defined) shall pay the fees and expenses of the party, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified. "Adversary adjudication" is defined as a formal trial-type ''ex parte'' proceeding in which the agency is adverse to the party, and governed by 5 U. S. C. § 554 "trial type" proceedings, as opposed to an ''inter partes'' proceeding in which the agency adjudicates a dispute between two parties, or the less-formal proceedings of § 555. 28 U. S. C.  ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Illinois * Southern District of Illinois * Northern District of Indiana * Southern District of Indiana * Eastern District of Wisconsin * Western District of Wisconsin The court is based at the Dirksen Federal Building in Chicago and is composed of eleven appellate judges. It is one of 13 United States courts of appeals. The court offers a relatively unique internet presence that includes wiki and RSS feeds of opinions and oral arguments. It is also notable for having one of the most prominent law and economics scholars, Judge Frank H. Easterbrook, on its court. Richard Posner, another prominent law and economics scholar, also served on this court until his retirement in 2017. Three judges from the Seventh Circuit, Sherman Minton, John Pau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Open Book On Equal Access To Justice Act (H
The Open Book on Equal Access to Justice Act () is a bill that would require the Administrative Conference of the United States (ACUS) to prepare a report each year on the amount of fees and other expenses awarded by federal courts to nonfederal entities when they prevail in a case against the United States. The bill would amend the Equal Access to Justice Act. The bill was introduced into the United States House of Representatives during the 113th United States Congress. Background The Equal Access to Justice Act, when it was passed in 1980, originally required agencies and the Justice Department to "issue annual reports on the amount of money paid out under the law," but that reporting requirement was later ended in 1995. This bill would reinstate that requirement. According to the office of Congresswoman Lummis, "Congress passed the Equal Access to Justice Act (EAJA) as a means to help individuals, retirees, veterans, and small businesses recover attorney’s fees and costs as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States House Of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being the Upper house, upper chamber. Together they comprise the national Bicameralism, bicameral legislature of the United States. The House's composition was established by Article One of the United States Constitution. The House is composed of representatives who, pursuant to the Uniform Congressional District Act, sit in single member List of United States congressional districts, congressional districts allocated to each U.S. state, state on a basis of population as measured by the United States Census, with each district having one representative, provided that each state is entitled to at least one. Since its inception in 1789, all representatives have been directly elected, although universal suffrage did not come to effect until after ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Conference Of The United States
The Administrative Conference of the United States (ACUS) is an independent agency of the United States government that was established in 1964 by the Administrative Conference Act. The conference's purpose is to "promote improvements in the efficiency, adequacy, and fairness of the procedures by which federal agencies conduct regulatory programs, administer grants and benefits, and perform related governmental functions." To this end, the conference conducts research and issues reports concerning various aspects of the administrative process and, when warranted, makes recommendations to the President, Congress, particular departments and agencies, and the judiciary concerning the need for procedural reforms. Of these recommendations, 33% have focused on reducing government costs and increasing revenue, 26% on improving the use of science in the administrative process, and 20% on reducing litigation in the regulatory process. Implementation of conference recommendations may be acc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Judiciary Legislation
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
