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Michael P. Fleming
Michael P. Fleming (born June 25, 1963 in Orlando, Florida; died July 1, 2020 ) was a Houston, Texas based attorney and elected official. Fleming was board certified in personal injury law by the Texas Board of Legal Specialization. Fleming was the managing partner of Fleming Law, P.C (formerly Michael P. Fleming & Associates, P.C.). Fleming was elected as county attorney in Harris County, Texas in 1996 and reelected the following term in 2000. Fleming was the lead attorney for Harris County before the Supreme Court of the United States in the case Christensen v. Harris County, a case that defined the limits of the Fair Labor and Standards Act and the authority of opinion letters issued by Department of Labor. Fleming came from a family with several generations of politicians. His grandfather was Harry Raymond Fleming and great-grandfather was George William Kyte. He and his widow Natalie, the elected judge of Harris County Criminal Court at Law Number 3, had six children. Caree ...
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United States
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-Americ ...
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University Of Houston Law Center
The University of Houston Law Center is the law school of the University of Houston in Houston, Texas. Founded in 1947, the Law Center is one of 12 colleges of the University of Houston, a state university. It is accredited by the American Bar Association and is a member of the Association of American Law Schools. The law school's facilities are located on the university's 667-acre campus in southeast Houston. The Law Center awards the Juris Doctor (J.D.) and Master of Laws (LL.M.) degrees. The law school ranked 56th in the 2018 '' U.S. News & World Report'' law school rankings. According to UHLC's official 2021 ABA-required disclosures, 92.06% of the Class of 2021 was employed and 84.58% obtained full-time, long-term, Bar Admission Required or JD-required employment 10 months after graduation. The dean of the Law Center is Leonard M. Baynes. History The University of Houston Law Center was founded in 1947 as the University of Houston College of Law, with an inaugural class ...
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Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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Chevron Deference
''Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.'', 467 U.S. 837 (1984), was a landmark case in which the United States Supreme Court set forth the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers. The decision articulated a doctrine now known as "''Chevron'' deference". The doctrine consists of a two-part test applied by the court, when appropriate, that is highly deferential to government agencies: "whether the agency's answer is based on a ''permissible construction'' mphasis addedof the statute", so long as Congress has not spoken directly to the precise issue at question. The decision involved a lawsuit challenging the U.S. government's interpretation of the word "source" in an environmental statute. In 1977, the U.S. Congress passed a bill that amended the Clean Air Act of 1963the United States's comprehensive law regulating air pollution. The bill changed the law so that all com ...
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Fair Labor Standards Act
The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor".See and . It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938. Practical application The Fair Labor Standards Act applies to "employees who are engaged in interstate commerce or in the production of goods for commerce, or who are employed by an enterprise engaged in commerce or in the production of goods for commerce" unless the employer can claim an exemption from coverage. Generally, an employer with at least $500,000 of business or gross sales in a year satisfies ...
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Solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), ...
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Law Society Of Ireland
The Law Society of Ireland ( ga, Dlí-Chumann na hÉireann) is a professional body established on 24 June 1830 and is the educational, representative and regulatory body of the solicitors' profession in Ireland. As of 2020, the Law Society had over eleven thousand solicitor members, a staff of 150 and an annual turnover of over €30m. It is headquartered in Dublin, Ireland's capital city. Under the Solicitors Acts 1954 to 2015, the Law Society exercises functions in relation to the education, admission, enrolment, discipline and regulation of the solicitors' profession. It is the professional body for its solicitor members, to whom it also provides services and support. Relationship with the Law Society of Northern Ireland Prior to the partition of Ireland, solicitors in what became Northern Ireland were regulated by the Law Society of Ireland. They are now regulated by the Law Society of Northern Ireland. Republic of Ireland-qualified solicitors are entitled to apply to the ...
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College Of The State Bar Of Texas
The College of the State Bar of Texas is an honorary society of qualified lawyers who are interested in both high ethical standards and improved training for all Texas attorneys. Purpose and membership The College recognizes Texas lawyers who voluntarily attend at least double the minimum Continuing Legal Education (CLE) classes required by the State Bar of Texas. While the State Bar of Texas mandates that every licensed attorney complete at least fifteen hours of continuing legal education classes each year, the College requires its members to double that number by attending thirty hours per year. As of 2006, it was the only organization in the United States formed for the specific purpose of promoting and recognizing attorneys who strive to maintain and enhance their professional skills and the quality of their practice through voluntary participation in CLE programs. Historically, only about eight percent of the licensed attorneys in Texas (4,100 out of 63,500 in 1999) meet t ...
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State Bar Of Texas
The State Bar of Texas (the Texas Bar) is an agency of the judiciary under the administrative control of the Texas Supreme Court. It is responsible for assisting the Texas Supreme Court in overseeing all attorneys licensed to practice law in Texas. With more than 100,000 active members, the State Bar of Texas is one of the largest state bars in the United States. Unlike the American Bar Association (ABA), the State Bar of Texas (SBOT) is a mandatory bar. The State Bar is headquartered in the Texas Law Center at 1414 Colorado Street in Austin. Membership The State Bar of Texas is composed of those persons licensed to practice law in Texas and is an "integrated" or "mandatory" bar. The State Bar Act, adopted by the Legislature in 1939, mandates that all attorneys licensed to practice law in Texas be members of the State Bar. As of 2018, membership in the Texas Bar stood at 103,342. Purpose The purposes of the State Bar of Texas, as documented in the State Bar Act legislation that ...
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Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law in the United States; unlike in some other jurisdictions, there is no undergraduate law degree in the United States. In the United States, along with Australia, Canada, and some other common law countries, the J.D. is earned by completing law school. It has the academic standing of a professional doctorate (in contrast to a research doctorate) in the United States, – mentions that the J.D. is a “professional doctorate”, in § ‘Data notes’ – describes differences between academic and professional doctorates; contains a statement that the J.D. is a professional doctorate, in § ‘Other references’. where the National Center for Education Statistics discontinued the use of the term "first professional degree" a ...
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Orlando, Florida
Orlando () is a city in the U.S. state of Florida and is the county seat of Orange County, Florida, Orange County. In Central Florida, it is the center of the Greater Orlando, Orlando metropolitan area, which had a population of 2,509,831, according to United States Census Bureau, U.S. Census Bureau figures released in July 2017, making it the List of Metropolitan Statistical Areas, 23rd-largest metropolitan area in the United States, the sixth-largest metropolitan area in the Southern United States, and the third-largest metropolitan area in Florida behind Miami and Tampa, Florida, Tampa. Orlando had a population of 307,573 in the 2020 census, making it the List of United States cities by population, 67th-largest city in the United States, the fourth-largest city in Florida, and the state's largest inland city. Orlando is one of the most-visited cities in the world primarily due to tourism, major events, and convention traffic; in 2018, the city drew more than 75 million v ...
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