Frivolous Litigation
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Frivolous Litigation
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts. That a claim was lost does not imply the claim in itself was frivolous. Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law. A claim may be deemed frivolous because existing laws unequivocally prohibit such a claim, such as a so-called Good Samaritan law. In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules req ...
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Motion (legal)
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions m ...
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United States Court Of Appeals For The Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * Middle District of Louisiana * Western District of Louisiana * Northern District of Mississippi * Southern District of Mississippi * Eastern District of Texas * Northern District of Texas * Southern District of Texas * Western District of Texas The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans. Originally, the Fifth Circuit also included the federal district courts in Alabama, Georgia, and Florida. In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appeals for the Eleventh Circuit. History of ...
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Sex Reassignment Surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alleviate gender dysphoria. The term is also sometimes used to describe surgical intervention for intersex people. It is also known as sex reassignment surgery (SRS), gender confirmation surgery (GCS), and several other names. Professional medical organizations have established Standards of Care, which apply before someone can apply for and receive reassignment surgery, including psychological evaluation, and a period of real-life experience living in the desired gender. Feminization surgeries are surgeries that result in anatomy that is typically gendered female, such as vaginoplasty and breast augmentation, whereas masculinization surgeries are those that result in anatomy that is typically gendered male, such as phalloplasty and brea ...
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Exhume
Burial, also known as interment or inhumation, is a method of final disposition whereby a dead body is placed into the ground, sometimes with objects. This is usually accomplished by excavating a pit or trench, placing the deceased and objects in it, and covering it over. A funeral is a ceremony that accompanies the final disposition. Humans have been burying their dead since shortly after the origin of the species. Burial is often seen as indicating respect for the dead. It has been used to prevent the odor of decay, to give family members closure and prevent them from witnessing the decomposition of their loved ones, and in many cultures it has been seen as a necessary step for the deceased to enter the afterlife or to give back to the cycle of life. Methods of burial may be heavily ritualized and can include natural burial (sometimes called "green burial"); embalming or mummification; and the use of containers for the dead, such as shrouds, coffins, grave liners, and bu ...
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Citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and the conditions under which that status will be withdrawn. Recognition by a state as a citizen generally carries with it recognition of civil, political, and social rights which are not afforded to non-citizens. In general, the basic rights normally regarded as arising from citizenship are the right to a passport, the right to leave and return to the country/ies of citizenship, the right to live in that country, and to work there. Some countries permit their citizens to have multiple citizenships, while others insist on exclusive allegiance. Determining factors A person can be recognized or granted citizenship on a number of bases. Usually, citizenship based on circumstances of birth is automatic, but an application may be required. ...
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Anthony Alaimo
Anthony Alfred Alaimo (March 29, 1920 – December 30, 2009) was a United States federal judge, United States district judge of the United States District Court for the Southern District of Georgia. Education and career Born in Termini Imerese in Sicily, Italy, Alaimo received a Bachelor of Arts degree from Ohio Northern University in 1940, and then served as an aviator in the United States Army Air Corps during World War II, from 1941 to 1945. He achieved the rank of Second Lieutenant. Alaimo spent much of World War II as a prisoner of war, captured after the plane he was co-piloting was shot down. After the war, Alaimo received a Juris Doctor from Emory University School of Law in 1948 and entered the private practice of law in Atlanta, Georgia (U.S. state), Georgia from 1948 to 1957, and in Brunswick, Georgia, Brunswick, Georgia from 1957 to 1971. Federal judicial service On November 29, 1971, President Richard Nixon nominated Alaimo to a new seat on the United States Distri ...
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Psychoanalysis
PsychoanalysisFrom Greek: + . is a set of theories and therapeutic techniques"What is psychoanalysis? Of course, one is supposed to answer that it is many things — a theory, a research method, a therapy, a body of knowledge. In what might be considered an unfortunately abbreviated description, Freud said that anyone who recognizes transference and resistance is a psychoanalyst, even if he comes to conclusions other than his own.… I prefer to think of the analytic situation more broadly, as one in which someone seeking help tries to speak as freely as he can to someone who listens as carefully as he can with the aim of articulating what is going on between them and why. David Rapaport (1967a) once defined the analytic situation as carrying the method of interpersonal relationship to its last consequences." Gill, Merton M. 1999.Psychoanalysis, Part 1: Proposals for the Future" ''The Challenge for Psychoanalysis and Psychotherapy: Solutions for the Future''. New York: Americ ...
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Nunc Pro Tunc
''Nunc pro tunc'' (English translation: "now for then") is a Latin expression legal term originating in Great Britain, now in common use in other countries. In general, a ruling ''nunc pro tunc'' applies retroactively to correct an earlier ruling. Legal definition ''Nunc pro tunc'' may apply when "a judgment is entered, or document enrolled, so as to have the same legal force and effect as if it had been entered or enrolled on an earlier day". quoted in at p. 131. That type of order originated from the Court of Chancery from 1388. at pp. 131–132 per Toohey J. In 1805, Lord Chancellor Lord Eldon, said, "The Court will enter a Decree ''nunc pro tunc'', if satisfied from its own official documents, that it is only doing now what it would have done then". ''Nunc pro tunc'' may apply also to acts that are allowed after the legally-allotted time to do them has passed. For example, in the probate of an estate, if property, such as lands, mineral interests, etc., are discovered after ...
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Publicity
In marketing, publicity is the public visibility or awareness for any product, service, person or organization (company, charity, etc.). It may also refer to the movement of information from its source to the general public, often (but not always) via the media. The subjects of publicity include people of public interest, goods and services, organizations, and works of art or entertainment. A publicist is someone that carries out publicity, while public relations (PR) is the strategic management function that helps an organization establish and maintain communication with the public. This can be done internally, without the use of popular media. From a marketing perspective, publicity is one component of promotion and marketing. The other elements of the ''promotional mix'' are advertising, sales promotion, direct marketing and personal selling. Organizations will sometimes organize events designed to attract media coverage, and subsequently, provide positive publicity; these even ...
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Deinstitutionalization
Deinstitutionalisation (or deinstitutionalization) is the process of replacing long-stay psychiatric hospitals with less isolated community mental health services for those diagnosed with a mental disorder or developmental disability. In the late 20th century, it led to the closure of many psychiatric hospitals, as patients were increasingly cared for at home, in halfway houses and clinics, in regular hospitals, or not at all. Deinstitutionalisation works in two ways. The first focuses on reducing the population size of mental institutions by releasing patients, shortening stays, and reducing both admissions and readmission rates. The second focuses on reforming psychiatric care to reduce (or avoid encouraging) feelings of dependency, hopelessness and other behaviors that make it hard for patients to adjust to a life outside of care. The modern deinstitutionalisation movement was made possible by the discovery of psychiatric drugs in the mid-20th century, which could manage psych ...
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Judex Delegatus
Judex (real name Jacques de Trémeuse) is a fictional French vigilante hero created by Louis Feuillade and Arthur Bernède for the 1916 silent film ''Judex''. Judex (whose name is Latin for "judge") is a mysterious avenger who dresses in black and wears a slouch hat and cloak. He was originally conceived as a heroic version of the criminal character Fantômas. (Feuillade had directed the popular 1913 serial ''Fantômas''.) The character has since appeared in other films, in novels, on stage and in comic books. Judex appears to have been an inspiration for the American pulp hero The Shadow, who was himself an inspiration for Batman.Xavier Fournier, ''Super-héros : une histoire française'', Huginn Muninn, 2014, p. 69-73 Creation Louis Feuillade had already made two earlier serials, ''Fantômas'' (1913) and ''Les Vampires'' (1915), which were popular with audiences, but drew criticism for glorifying criminals. As a consequence Feuillade decide to create a heroic persona, Judex, but ...
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Color (law)
In United States law, the term color of law denotes the "mere semblance of legal right," the "pretense or appearance of" right; hence, an action done under color of law adjusts (colors) the law to the circumstance, yet said apparently legal action contravenes the law. Under color of authority is a legal phrase used in North America indicating that a person is claiming or implying the acts they are committing are related to and legitimized by his or her role as an agent of governmental power. Color of law Color of law refers to an appearance of legal power to act that may operate in violation of law. For example, if a police officer acts with the "color of law" authority to arrest someone, the arrest, if it is made without probable cause, may actually be in violation of law. In other words, just because something is done with the "color of law" does not mean that the action was lawful. When police are suspected of acting outside their lawful authority and violating the civil righ ...
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