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Erie Doctrine
The ''Erie'' doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in diversity jurisdiction, but also when applying supplemental jurisdiction to claims factually related to a federal question or in an adversary proceeding in bankruptcy) must apply state substantive law. The doctrine follows from the Supreme Court landmark decision in ''Erie Railroad Co. v. Tompkins'' (1938). The case overturned '' Swift v. Tyson'', which allowed federal judges sitting in a state to ignore the common law local decisions of state courts in the same state in diversity actions. Scope There are two main objectives of the ''Erie'' decision: (1) to discourage forum shopping among litigants, and (2) to avoid inequitable administration of the laws. Broadly speaking, the second objective is sometimes referred to as "vertical uniformity ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine
Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system. The etymological Greek analogue is " catechism". Often the word ''doctrine'' specifically suggests a body of religious principles as promulgated by a church. ''Doctrine'' may also refer to a principle of law, in the common-law traditions, established through a history of past decisions. Religious usage Examples of religious doctrines include: * Christian theology: ** Doctrines such as the Trinity, the virgin birth and atonement ** The Salvation Army ''Handbook of Doctrine'' **Transubstantiation and Marian teachings in Roman Catholic theology. The department of the Roman Curia which deals with questions of doctrine is called the Congregation for the Doctrine of the Faith. ** The distinctive Calvinist doctrine of "double" predesti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Shopping
Forum shopping is a colloquial term for the practice of litigants having their legal case heard in the court thought most likely to provide a favorable judgment. Some jurisdictions have, for example, become known as "plaintiff-friendly" and so have attracted litigation even when there is little or no connection between the legal issues and the jurisdiction in which they are to be litigated. Examples include the attraction of foreign litigants to the United States due to its expansive acceptance of personal jurisdiction and favorable litigation climate, and the United Kingdom for its stricter defamation laws and generous divorce settlements. The term has become adopted in a wider context for the activity of repeatedly seeking a venue or willing listener for a concern, complaint or action, until one is found. Related notions When a case is filed before a court, the court decides whether it has personal and subject matter jurisdiction, and if so, whether it is the most appropri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Railroad
Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a prepared flat surface, rail vehicles (rolling stock) are directionally guided by the tracks on which they run. Tracks usually consist of steel rails, installed on sleepers (ties) set in ballast, on which the rolling stock, usually fitted with metal wheels, moves. Other variations are also possible, such as "slab track", in which the rails are fastened to a concrete foundation resting on a prepared subsurface. Rolling stock in a rail transport system generally encounters lower frictional resistance than rubber-tyred road vehicles, so passenger and freight cars (carriages and wagons) can be coupled into longer trains. The operation is carried out by a railway company, providing transport between train stations or freight customer facili ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tennessee
Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to the north, Virginia to the northeast, North Carolina to the east, Georgia, Alabama, and Mississippi to the south, Arkansas to the southwest, and Missouri to the northwest. Tennessee is geographically, culturally, and legally divided into three Grand Divisions of East, Middle, and West Tennessee. Nashville is the state's capital and largest city, and anchors its largest metropolitan area. Other major cities include Memphis, Knoxville, Chattanooga, and Clarksville. Tennessee's population as of the 2020 United States census is approximately 6.9 million. Tennessee is rooted in the Watauga Association, a 1772 frontier pact generally regarded as the first constitutional government west of the Appalachian Mountains. Its name derives from "Tanas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louisville And Nashville Railroad
The Louisville and Nashville Railroad , commonly called the L&N, was a Class I railroad that operated freight and passenger services in the southeast United States. Chartered by the Commonwealth of Kentucky in 1850, the road grew into one of the great success stories of American business. Operating under one name continuously for 132 years, it survived civil war and economic depression and several waves of social and technological change. Under Milton H. Smith, president of the company for 30 years, the L&N grew from a road with less than of track to a system serving fourteen states. As one of the premier Southern railroads, the L&N extended its reach far beyond its namesake cities, stretching to St. Louis, Memphis, Atlanta, and New Orleans. The railroad was economically strong throughout its lifetime, operating freight and passenger trains in a manner that earned it the nickname, "The Old Reliable." Growth of the railroad continued until its purchase and the tumultuous rail ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and recognized as such in law for certain purposes. Early incorporated entities were established by charter (i.e. by an ''ad hoc'' act granted by a monarch or passed by a parliament or legislature). Most jurisdictions now allow the creation of new corporations through registration. Corporations come in many different types but are usually divided by the law of the jurisdiction where they are chartered based on two aspects: by whether they can issue stock, or by whether they are formed to make a profit. Depending on the number of owners, a corporation can be classified as ''aggregate'' (the subject of this article) or '' sole'' (a legal entity consisting of a single incorporated office occupied by a single natural person). One of the most att ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to the east; Tennessee to the south; and Missouri to the west. Its northern border is defined by the Ohio River. Its capital is Frankfort, and its two largest cities are Louisville and Lexington. Its population was approximately 4.5 million in 2020. Kentucky was admitted into the Union as the 15th state on June 1, 1792, splitting from Virginia in the process. It is known as the "Bluegrass State", a nickname based on Kentucky bluegrass, a species of green grass found in many of its pastures, which has supported the thoroughbred horse industry in the center of the state. Historically, it was known for excellent farming conditions for this reason and the development of large tobacco plantations akin to those in Virginia and North Carolina i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black And White Taxicab Co
Black is a color which results from the absence or complete absorption of visible light. It is an achromatic color, without hue, like white and grey. It is often used symbolically or figuratively to represent darkness. Black and white have often been used to describe opposites such as good and evil, the Dark Ages versus Age of Enlightenment, and night versus day. Since the Middle Ages, black has been the symbolic color of solemnity and authority, and for this reason it is still commonly worn by judges and magistrates. Black was one of the first colors used by artists in Neolithic cave paintings. It was used in ancient Egypt and Greece as the color of the underworld. In the Roman Empire, it became the color of mourning, and over the centuries it was frequently associated with death, evil, witches, and magic. In the 14th century, it was worn by royalty, clergy, judges, and government officials in much of Europe. It became the color worn by English romantic poets, businessmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Story
Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer presents Story as a "Statesman of the Old Republic" who tri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by both List of U.S. states and territories by area, area (after Alaska) and List of U.S. states and territories by population, population (after California). Texas shares borders with the states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexico, Mexican States of Mexico, states of Chihuahua (state), Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest; and has a coastline with the Gulf of Mexico to the southeast. Houston is the List of cities in Texas by population, most populous city in Texas and the List of United States cities by population, fourth-largest in the U.S., while San Antonio is the second most pop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rules Of Decision Act
The Rules of Decision Act mandates that substantive state law be applied in state cases, unless the United States Constitution, treaties of the United States, or acts of Congress say otherwise. The federal courts' authority to exercise general federal common law in state cases sitting in diversity jurisdiction was made possible by the Rules of Decision Act. This was later overturned in ''Erie Railroad Co. v. Tompkins''. In significant part, the rule authorizes congress to make rules that must be followed by the federal courts. This later becomes problematic when a collision between substantive state right laws conflict with federal rules of procedure. This act came from Section 34 of the Judiciary Act of 1789. It is now codified, in slightly different form, in . It states that: Its interpretation, especially the meaning of "the laws of the several states", was central to the issue in ''Erie Railroad Co. v. Tompkins''. At this time, the term "State" includes any State of the Un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the 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'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. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
