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Next Friend
In common law, a next friend (Law French ''prochein ami'') is a person who represents another person who is under age, or, because of disability or otherwise, is unable to maintain a suit on his or her own behalf and who does not have a legal guardian. They are also known as litigation friends. When a relative who is next of kin acts as a next friend for a person, that person is sometimes instead described as the "natural guardian" of the person. A next friend has full power over the proceedings in the action as if he or she were an ordinary plaintiff, until a guardian or guardian ad litem is appointed in the case; but the next friend is entitled to present evidence only on the same basis as any other witness. Uses This disability often arises from minority, mental incapacity, or lack of access to counsel. Consequently, every application to the court on behalf of a minor, a mentally incapacitated person, or a person detained without access to an attorney, who does not have a l ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Feme Covert
Coverture (sometimes spelled couverture) was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. Upon marriage, coverture provided that a woman became a , whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or , had the right to own property and make contracts in her own name. Coverture was well established in the common law for several centuries and was inherited by many other common law jurisdictions, including the United States. According to historian Arianne Chernock, coverture did not apply in Scotland, but whether it applied in Wales is unclear. After the rise of the women's rights movement in the mid-19th century, coverture was increasingly criticised as oppressive, hindering women from exercising ordinary property rights and entering professions. Coverture was first substantial ...
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Agency Law
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The recipro ...
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McKenzie Friend
A McKenzie friend assists a litigant in person in a court of law in England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, New Zealand, Canada and Australia by prompting, taking notes, and quietly giving advice. They need not be legally trained or have any professional legal qualifications. The right to a McKenzie friend was established in the 1970 case of ''McKenzie v McKenzie''. Although in many cases a McKenzie friend may be an actual friend, it is often somebody with knowledge of the area and the presumption is heavily in favour of admitting a McKenzie friend into court. He or she may be liable for any misleading advice given to the litigant in person but is not covered by professional indemnity insurance. A similar, modified principle exists in Singapore. The role is distinct from that of a next friend or of an . Origin ''McKenzie v. McKenzie'' was a divorce case in England. Levine McKenzie, who was petitioning for divorce, had been legally aided but the ...
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Celebes Crested Macaque
The Celebes crested macaque (''Macaca nigra''), also known as the crested black macaque, Sulawesi crested macaque, or the black ape, is an Old World monkey that lives in the Tangkoko reserve in the northeastern tip of the Indonesian island of Sulawesi (Celebes), as well as on smaller neighboring islands. Description Locally known as ''yaki'' or ''wolai'', its skin and hairless face is, with the exception of some white hair in the shoulder range, entirely jet black. Unusual for a primate, it has striking reddish-brown eyes. The long muzzle with high cheeks and the long hair tuft, or crest, at the top of the head are remarkable features. It has an "apelike" appearance due to its almost non-existent, non-visible, vestigial tail stub of only approximately . With a total body length of to and a weight of to , it is one of the smaller macaque species. Its life expectancy is estimated at 15–20 years in the wild. Ecology The Celebes crested macaque is a diurnal rain forest dwell ...
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People For Ethical Treatment Of Animals
People for the Ethical Treatment of Animals (PETA; , stylized as PeTA) is an American animal rights nonprofit organization based in Norfolk, Virginia, and led by Ingrid Newkirk, its international president. PETA reports that PETA entities have more than 9 million members globally. Founded in March 1980 by Newkirk and animal rights activist Alex Pacheco, the organization first caught the public's attention in the summer of 1981 during what became known as the Silver Spring monkeys case.Schwartz, Jeffrey M. and Begley, Sharon. ''The Mind and the Brain: Neuroplasticity and the Power of Mental Force'', Regan Books, 2002, p. 161ff. * Pacheco, Alex and Francione, AnnaThe Silver Spring Monkeys in Peter Singer (ed.) ''In Defense of Animals'', Basil Blackwell 1985, pp. 135–147. The organization opposes factory farming, fur farming, animal testing, and other activities the group considers as exploitation of animals. History Ingrid Newkirk Ingrid Newkirk was born in England in 194 ...
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Monkey Selfie
Between 2011 and 2018, a series of disputes took place about the copyright status of selfies taken by Celebes crested macaques using equipment belonging to the British nature photographer David Slater. The disputes involved Wikimedia Commons and the blog ''Techdirt'', which have hosted the images following their publication in newspapers in July 2011 over Slater's objections that he holds the copyright, and People for the Ethical Treatment of Animals, PETA, who have argued that the macaque should be assigned the copyright. Slater has argued that he has a valid copyright claim, as he engineered the situation that resulted in the pictures by travelling to Indonesia, befriending a group of wild macaques, and setting up his camera equipment in such a way that a "selfie" picture might come about. The Wikimedia Foundation's 2014 refusal to remove the pictures from its Wikimedia Commons image library was based on the understanding that copyright is held by the creator, that a non-human ...
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September 11 Attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial airliners scheduled to travel from the Northeastern United States to California. The hijackers crashed the first two planes into the Twin Towers of the World Trade Center in New York City, and the third plane into the Pentagon (the headquarters of the United States military) in Arlington County, Virginia. The fourth plane was intended to hit a federal government building in Washington, D.C., but crashed in a field following a passenger revolt. The attacks killed nearly 3,000 people and instigated the war on terror. The first impact was that of American Airlines Flight 11. It was crashed into the North Tower of the World Trade Center complex in Lower Manhattan at 8:46 a.m. Seventeen minutes later, at 9:03, the World Trade Center’s S ...
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War On Terror
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international Counterterrorism, counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are Militant Islamism, militant Islamist and Salafi jihadism, Salafi-Jihadist armed organisations such as Al-Qaeda, the Islamic State and their international affiliates; which are waging military insurgencies to overthrow governments of various Muslim world, Muslim countries. The "war on terror" uses War as metaphor, war as a metaphor to describe a variety of actions which fall outside the traditional definition of war taken to eliminate international terrorism. 43rd President of the United States George W. Bush first used the Slogans and terms derived from the September 11 attacks, term "war on terrorism" on 16 September 2001, and then "war on terror" a few days later in a formal speech to United States Congress, Congress. Bush indica ...
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Guantanamo Bay Detention Camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guantánamo Bay in Cuba. Of the roughly 780 people detained there since January 2002 when the military prison first opened after the September 11 attacks, 735 have been transferred elsewhere, 35 remain there, and 9 have died while in custody. The camp was established by U.S. President George W. Bush's administration in 2002 during the War on Terror following the September 11, 2001 attacks. Indefinite detention without trial led the operations of this camp to be considered a major breach of human rights by Amnesty International, and a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution by the Center for Constitutional Rights.
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Enemy Combatant
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict" (as described in the 1949 Geneva Conventions Article 3). After the September 11 attacks, the term "enemy combatant" was used by the George W. Bush administration to include an alleged member of al-Qaeda or the Taliban being held in detention by the U.S. government. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatants, a category of persons who do not qualify for prisoner-of-war status under the Geneva Conventions. However, unlike unlawful combatants who qualify for some protections under the Fourth Geneva Convention, enemy combatants, under the Bush administration, were not c ...
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Habeas Corpus In The United States
In United States law, ''habeas corpus'' () is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for ''habeas corpus'' is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of ''habeas corpus'' shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." United States law affords persons the right to petition the federal courts for a writ of ''habeas corpus''. Individual states also afford persons the ability to petition their own state court systems for ''habeas corpus'' pursuant to their respective constitutions and laws when ...
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