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State Liability
State liability is the legal liability of a state. It refer to the liability of an organ of state or public authority in that state's own domestic legal system, typically under special principles within the law of tort. See also * Misfeasance in public office Misfeasance in public office is a cause of action in the civil courts of England and Wales and certain Commonwealth countries. It is an action against the holder of a public office, alleging in essence that the office-holder has misused or abu ... {{law-stub Tort law Administrative law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State (polity)
A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German sociologist Max Weber: a "state" is a polity that maintains a monopoly on the legitimate use of violence, although other definitions are not uncommon.Cudworth et al., 2007: p. 95Salmon, 2008p. 54 Absence of a state does not preclude the existence of a society, such as stateless societies like the Haudenosaunee Confederacy that "do not have either purely or even primarily political institutions or roles". The level of governance of a state, government being considered to form the fundamental apparatus of contemporary states, is used to determine whether it has failed. In a federal union, the term "state" is sometimes used to refer to the federated polities that make up the federation. (Other terms that are used in such federal systems may include “province”, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Organ Of State
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Authority
A public-benefit nonprofit corporation is a type of Nonprofit organization, nonprofit corporation chartered by a state governments of the United States, state government, and organized primarily or exclusively for Institution, social, educational institution, educational, Recreation, recreational or Charitable organization, charitable purposes by like-minded citizens. Public-benefit nonprofit corporations are distinct in the law from mutual-benefit nonprofit corporations in that they are organized for the general Public good (economics), public benefit, rather than for the interest of its members. They are also distinct in the law from religious corporations. See also * Civic society * New York state public-benefit corporations References External links California Code - Part 2: NONPROFIT PUBLIC BENEFIT CORPORATIONS [5110. - 6910.Organization of California Nonprofit, Nonstock Corporations Non-profit corporations, * Public benefit corporations {{org-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domestic Law
Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, or local law. The state may regard them as distinct categories of law, but international law is largely uninterested in the distinction and treats them all as one. Similarly, international law makes no distinction between the ordinary law of the state and its constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th .... Article 27 of the Vienna Convention on the Law of Treaties from 1969 provides that if a treaty conflicts with a state's municipal law (including the state's constitution), the state is still obliged to meet its obl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misfeasance In Public Office
Misfeasance in public office is a cause of action in the civil courts of England and Wales and certain Commonwealth countries. It is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused their power. The tort can be traced back to 1703 when Chief Justice Sir John Holt decided that a landowner could sue a police constable who deprived him of his right to vote ('' Ashby v White''). The tort was revived in 1985 when it was used so that French turkey producers could sue the Ministry of Agriculture over a dispute that harmed their sales. Generally, a civil defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant breached that duty of care by improperly performing a legal act, and the improper performance resulted in harm to the plaintiff. In theory, misfeasance is distinct from nonfeasance. Nonfeasance is a failure to act that results in harm to another party. Misfeasa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
