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SEC V. Cochran
''Axon Enterprise, Inc. v. Federal Trade Commission'' (Docket 21–86) is a pending United States Supreme Court case related to administrative law. Background Axon Enterprise v. FTC Axon Enterprise manufactures Tasers and police-worn body cameras. In May 2018, Axon purchased its competitor in the body camera market, Vievu LLC, for $13 million. The Federal Trade Commission soon began an antitrust investigation into Axon. The company offered to settle, but the FTC declined. In January 2020, Axon filed a lawsuit in the United States District Court for the District of Arizona, challenging the constitutionality of the FTC's structure. The district court dismissed the case, holding that federal law stripped it of jurisdiction to consider constitutional claims against the FTC while proceedings were underway. The United States Court of Appeals for the Ninth Circuit affirmed in a 2–1 vote. Judge Patrick J. Bumatay dissented. Axon Enterprise then filed a petition for a writ of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Enterprise Fund V
Free may refer to: Concept * Freedom, having the ability to do something, without having to obey anyone/anything * Freethought, a position that beliefs should be formed only on the basis of logic, reason, and empiricism * Emancipate, to procure political rights, as for a disenfranchised group * Free will, control exercised by rational agents over their actions and decisions * Free of charge, also known as gratis. See Gratis vs libre. Computing * Free (programming), a function that releases dynamically allocated memory for reuse * Free format, a file format which can be used without restrictions * Free software, software usable and distributable with few restrictions and no payment * Freeware, a broader class of software available at no cost Mathematics * Free object ** Free abelian group ** Free algebra ** Free group ** Free module ** Free semigroup * Free variable People * Free (surname) * Free (rapper) (born 1968), or Free Marie, American rapper and media pers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Avoidance
Constitutional avoidance is a legal doctrine in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality. When a federal court is faced with a choice of ruling on a statutory, regulatory, or constitutional basis, the Supreme Court of the United States has instructed the lower court to decide the federal constitutional issue only as a last resort: "The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of." '' Ashwander v. Tennessee Valley Authority'', 297 U.S. 288, 347 (1936) (Brandeis, J., concurring). The avoidance doctrine flows from the canon of judicial restraint and is intertwined with the debate over the proper scope of federal judicial review and the allocation of power among the three branches of the federal government an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Immunity
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution, or from civil liability (being subject of lawsuit), or both. The most notable forms of legal immunity are parliamentary immunity and witness immunity. One author has described legal immunity as "the obverse of a legal power":Dudley Knowles, Political Obligation: A Critical Introduction' (2009), p. 26. Criticism Legal immunities may be subject to criticism because they institute a separate standard of conduct for those who receive them. For example, as one author notes: Types Immunity of government leaders Many forms of immunity are granted to government leaders to rule over the world, continent, nation, province, urban area and rural area without fear of being sued or charged w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
FTC V
FTC may refer to: Commerce * Fair Trade Commission (other) * Federal Trade Commission, an American antitrust and consumer protection agency * FTC Kaplan, or Financial Training Company, a former name of Kaplan Financial Ltd, a financial training institution in the United Kingdom Entertainment * Fashion Television Channel, a Canadian television channel Science, mathematics, and technology * Emtricitabine, an antiretroviral drug used to treat HIV, coded FTC in medical journals * Fault-tolerant computer system * FIRST Tech Challenge, a robotics competition for students * Follicular thyroid cancer, a type of cancer * Fundamental theorem of calculus, a mathematical theorem * Fusion Technology Center, a research organisation in South Korea Other uses * Fairfield Transportation Center * Federal Transfer Center, part of the United States Federal Bureau of Prisons * Ferencvárosi TC, a Hungarian sports club * Free the Children, an international children's rights and devel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Procedure Act (United States)
The Administrative Procedure Act (APA), , is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law. The APA applies to both the federal executive departments and the independent agencies. U.S. Senator Pat McCarran called the APA "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies. The text of the APA can be found under Title 5 of the United States Code, beginning at Section 500. There is a similar Model State Administrative Procedure Act (Model State APA), which was drafted by the National Conference of Commissioners on Uniform State Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cease And Desist
A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party, i.e. the letter's recipient, may be sued. When issued by a public authority, a cease and desist letter, being "a warning of impending judicial enforcement", is most appropriately called a "cease and desist order". Usage for intellectual property Although cease and desist letters are not exclusively used in the area of intellectual property, particularly in regards to copyright infringement, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape". The holder of an intellectual property right such as a copyrighted work, a trademark, or a pat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oral Argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute. Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented. Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appeal court. Unlike trial court procedure, wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brief (law)
A brief (Old French from Latin "''brevis''", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth countries, e.g., Australia) the phrase refers to the papers given to a barrister when they are instructed. Language :Pre-Trial briefs are exchanged between parties at a date set during the pre-trial conference to argue matters under consideration before trial.Federal Rules of Civil Procedure 16(C)(2) :Trial briefs are presented at trial to resolve a disputed point of evidence. :Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. :: Merit briefs (or briefs on the merits) refers to briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases :: Amicus briefs refer to briefs filed by persons not directly party to the case. These are often groups that have a direct int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thunder Basin Coal V
Thunder is the sound caused by lightning. Depending upon the distance from and nature of the lightning, it can range from a long, low rumble to a sudden, loud crack. The sudden increase in temperature and hence pressure caused by the lightning produces rapid expansion of the air in the path of a lightning bolt. In turn, this expansion of air creates a sonic shock wave, often referred to as a "thunderclap" or "peal of thunder". The scientific study of thunder is known as ''brontology'' and the irrational fear ( phobia) of thunder is called ''brontophobia''. Etymology The ''d'' in Modern English ''thunder'' (from earlier Old English ''þunor'') is epenthetic, and is now found as well in Modern Dutch ''donder'' (cf. Middle Dutch ''donre''; also Old Norse ''þorr'', Old Frisian ''þuner'', Old High German ''donar'', all ultimately descended from Proto-Germanic *''þunraz''). In Latin the term was ''tonare'' "to thunder". The name of the Nordic god Thor comes from the Old Norse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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