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Private Attorney General
A private attorney general is an informal term originating in common law jurisdictions for a private attorney who brings a lawsuit claiming it to be in the public interest, i.e., benefiting the general public and not just the plaintiff, on behalf of a citizen or group of citizens. The attorney may, at the equitable discretion of the court, be entitled to recover attorney's fees if they prevail. The rationale behind this principle is to provide extra incentive to private attorneys to pursue suits that may be of benefit to society at large. Private attorney general suits are commonly, though not always, brought as class actions in jurisdictions that permit the certification of class action lawsuits. Origin Historically in English common law, a writ of qui tam was a writ through which private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the prosecution. Its name is an a ...
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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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Slate (magazine)
''Slate'' is an online magazine that covers current affairs, politics, and culture in the United States. It was created in 1996 by former '' New Republic'' editor Michael Kinsley, initially under the ownership of Microsoft as part of MSN. In 2004, it was purchased by The Washington Post Company (later renamed the Graham Holdings Company), and since 2008 has been managed by The Slate Group, an online publishing entity created by Graham Holdings. ''Slate'' is based in New York City, with an additional office in Washington, D.C. ''Slate'', which is updated throughout the day, covers politics, arts and culture, sports, and news. According to its former editor-in-chief Julia Turner, the magazine is "not fundamentally a breaking news source", but rather aimed at helping readers to "analyze and understand and interpret the world" with witty and entertaining writing. As of mid-2015, it publishes about 1,500 stories per month. A French version, ''slate.fr'', was launched in February 20 ...
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Chief Justice Of India
The chief justice of India (IAST: ) is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian Judiciary. The Constitution of India grants power to the president of India to appoint, in consultation with the outgoing chief justice, the next chief justice, who will serve until they reach the age of sixty-five or are removed by impeachment. As per convention, the name suggested by the incumbent chief justice is almost always the next senior most judge in the Supreme Court. However this convention has been broken twice. In 1973, Justice A. N. Ray was appointed superseding three senior judges. Also, in 1977 Justice Mirza Hameedullah Beg was appointed as the chief justice superseding Justice Hans Raj Khanna. As head of the Supreme Court, the chief justice is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law. In accordance with Article 145 of the Constitution of India ...
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Shashti Poorthi
Shashti Poorti is a Sanskrit word meaning completion of sixty. Also known also as "Shashti Abda Poorti" or "Ugraratha Santi"is a Hindu ceremony celebrating the 60th birthday of a male, akin to the renewal of marital vows. Etymology Shashti Poorti, or Shashtiabdha Poorthi, is celebrated on completion of 60 years of age. This term is derived from Sanskrit Shashti (English: Sixty); Poorti (English: Propitiate). It marks the completion of half the years of one's lifetime as in Hinduism, 120 years is considered the life span of a human being. The sixtieth year in one’s life is a significant milestone, a memorable turning point, a touching reminder of the rich, mellowed life that would unfold in the years to come. In fact, the Hindu calendar has 60 years (named Prabhav, Vibhav, etc.) that repeat themselves after every 60 years in an identical sequence. Shashti Poorti therefore marks the completion of one such cycle. For example, a person born in the year Pramodoot, having lived for 6 ...
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The Hindu
''The Hindu'' is an Indian English-language daily newspaper owned by The Hindu Group, headquartered in Chennai, Tamil Nadu. It began as a weekly in 1878 and became a daily in 1889. It is one of the Indian newspapers of record and the second most circulated English-language newspaper in India, after '' The Times of India''. , ''The Hindu'' is published from 21 locations across 11 states of India. ''The Hindu'' has been a family-owned newspaper since 1905, when it was purchased by S. Kasturi Ranga Iyengar from the original founders. It is now jointly owned by Iyengar's descendants, referred to as the "Kasturi family", who serve as the directors of the holding company. The current chairperson of the group is Malini Parthasarathy, a great-granddaughter of Iyengar. Except for a period of about two years, when S. Varadarajan held the editorship of the newspaper, the editorial positions of the paper were always held by members of the family or held under their direction. Histo ...
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Madras High Court
The Madras High Court is a High Court in India. It has appellate jurisdiction over the state of Tamil Nadu and the union territory of Puducherry. It is located in Chennai, and is the third oldest high court of India after the Calcutta High Court in Kolkata and Bombay High Court in Mumbai. The Madras High Court is one of three high courts of colonial India established in the three Presidency Towns of Madras, Bombay and Calcutta by letters patent granted by Queen Victoria, dated 26 June 1862. It exercises original jurisdiction over the city of Chennai, as well as extraordinary original jurisdiction, civil and criminal, under the letters patent and special original jurisdiction for the issue of writs under the Constitution of India. Covering 107 acres, the court complex is one of the largest in the world, second only to the Supreme Court of the United Kingdom. The High Court consists of 74 judges and a chief justice. History From 1817 to 1862, the Supreme Court of Madras was ...
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Absolute Liability
Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions. To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action but also have had a deliberate intention or guilty mind (''mens rea''). In a crime of strict or absolute liability, a person could be guilty even if there was no intention to commit a crime. The difference between strict and absolute liability is whether the defence of a “mistake of fact” is available: in a crime of absolute liability, a mistake of fact is not a defence. Strict or absolute liability can also arise from inherently dangerous activities or defective products that are likely to result in a harm to another, regardless of protection taken, such as owning a pet rattle snake; negligence is not required to be proven. Australia The Australian Criminal Code Act 1995 defines absolute liability in Division 6, subsection 2: Absolute liabi ...
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Tort Law In India
Tort law in India is primarily governed by judicial precedent as in other common law jurisdictions, supplemented by statutes governing damages, civil procedure, and codifying common law torts. As in other common law jurisdictions, a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of action and for which remedy is available. If a remedy does not exist, a tort has not been committed since the rationale of tort law is to provide a remedy to the person who has been wronged. While Indian tort law is generally derived from English law, there are certain differences between the two systems. Indian tort law uniquely includes remedies for constitutional torts, which are actions by the government that infringe upon rights enshrined in the Constitution, as well as a system of absolute liability for businesses engaged in hazardous activity. Background As tort law is similar in nature across common law jurisdictions, courts h ...
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Civil Society
Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.''What is Civil Society''
civilsoc.org
By other authors, ''civil society'' is used in the sense of 1) the aggregate of non-governmental organizations and institutions that advance the interests and will of citizens or 2) individuals and organizations in a society which are independent of the government. Sometimes the term ''civil society'' is used in the more general sense of "the elements such as freedom of speech, an independent judiciary, etc, that make up a democratic society" ('''' ...
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Supreme Court Of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters except for personal laws and interstate river disputes, and also has the power of judicial review. The Chief Justice of India is the Head and Chief Judge of the Supreme Court, which consists of a maximum of 34 judges, and has extensive powers in the form of original, appellate and advisory jurisdictions. New judges here are uniquely nominated by existing judges and other branches of government have neglible say as the court follows collegium system for appointments. As the apex and most powerful constitutional court in India, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and tribunals. It is required to safeguard the fundamental rights of citizens and settles dispute ...
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Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exis ...
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Non-governmental Organisations
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in humanitarianism or the social sciences; they can also include clubs and associations that provide services to their members and others. Surveys indicate that NGOs have a high degree of public trust, which can make them a useful proxy for the concerns of society and stakeholders. However, NGOs can also be lobby groups for corporations, such as the World Economic Forum. NGOs are distinguished from international and intergovernmental organizations (''IOs'') in that the latter are more directly involved with sovereign states and their governments. The term as it is used today was first introduced in Article 71 of the newly-formed United Nations' Charter in 1945. While there is no fixed or formal definition for what NGOs are, they are general ...
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