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Third-party Standing
Third party standing is a term of the law of civil procedure that describes when one party may file a lawsuit or assert a defense in which the rights of third parties are asserted. In the United States, this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims of right of a third party who is not before the court. However, there are several exceptions to this doctrine. For example, a third party may sue where he has interchangeable economic interests with the injured party, as in the case of a bookseller suing to enforce the rights of his patrons to purchase a particular book from his store. A third party may assert the rights of another person in order to vindicate them when the other person is unable to do so. For example, the US Supreme Court has held that a white person bound by a restrictive covenant not to sell realty to a black person may assert the Fifth or Fourteenth Amendment rights of black persons not before the court. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function. Differences between civil and criminal procedure In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow private citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for their own benef ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
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 C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exhaustion Doctrine
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets is governed by the principle. After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner. This limitation is also referred to as the exhaustion doctrine or first sale doctrine. For example, if an inventor obtains a patent on a new kind of umbrella, the inventor (or anyone else to whom he sells his patent) can legally prohibit other companies from making and selling this kind of umbrella, but can not prohibit customers who have bought this umbrella from the patent owner from reselling the umbrella to thir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving criminal, bankruptcy, immigration, or U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The court occupies the Howard T. Markey Na ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exhaustion Doctrine Under U
Fatigue describes a state of tiredness that does not resolve with rest or sleep. In general usage, fatigue is synonymous with extreme tiredness or exhaustion that normally follows prolonged physical or mental activity. When it does not resolve after rest or sleep, or occurs independently of physical or mental exertion, it may be a symptom of a medical condition that may become severe or progressive. Fatigue can be a feature of a mental disorder such as depression; may be associated with conditions of chronic pain such as fibromyalgia; it may also feature in conditions of chronic low-level inflammation, and be a disease-related symptom in many other conditions. Fatigue often has no known cause, and is recognised as being very complex in nature. Fatigability describes a susceptibility to fatigue. Physical fatigue results from muscle fatigue brought about by intense physical activity. Mental fatigue results from prolonged periods of cognitive activity which impairs cognitive abil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Leyland Motor Corp
British Leyland was an automotive engineering and manufacturing conglomerate formed in the United Kingdom in 1968 as British Leyland Motor Corporation Ltd (BLMC), following the merger of Leyland Motors and British Motor Holdings. It was partly nationalised in 1975, when the UK government created a holding company called British Leyland, later renamed BL in 1978. It incorporated much of the British-owned motor vehicle industry, which in 1968 had a 40 percent share of the UK car market, with its history going back to 1895. Despite containing profitable marques such as Jaguar, Rover and Land Rover, as well as the best-selling Mini, BLMC had a troubled history, leading to its eventual collapse in 1975 and subsequent part-nationalisation. After much restructuring and divestment of subsidiary companies, BL was renamed the Rover Group in 1986, becoming a subsidiary of British Aerospace from 1988 to 1994, then was subsequently bought by BMW. The final surviving incarnation of the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine Of Non-derogation From Grants
The doctrine of non-derogation from grants is a principle of the law of England and Wales. As the House of Lords explained in '' British Leyland Motor Corp. v. Armstrong Patents Co.'', it states that a seller of realty or goods is not permitted to take any action (such as bringing an infringement action) that will lessen the value to the buyer of the thing sold. United States federal law recognises similar doctrines such as the exhaustion doctrine or doctrine of implied license. A similar effect has also been realised in United States patent law under the doctrine of repair and reconstruction.See '' Aro Mfg. Co. v. Convertible Top Replacement Co.'', 365 U.S. 336 (1961). An important difference between the doctrine of non-derogation from grants and other doctrines, particularly implied license, that are used to accomplish similar results is that the doctrine of non-derogation from grants is "inherent" as a matter of property law and apparently cannot be avoided by a seller's use of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aro Mfg
ARO (short for Auto Romania) was a Romanian off-road vehicle manufacturer located in Câmpulung. The first ARO vehicles were produced in 1957, and the last in 2003. For a short while, Daihatsu-powered AROs were sold in Spain and produced in Portugal under the brands. In Italy, AROs were produced and sold under the ACM brand, often fitted with Volkswagen engines. Low volume production of ARO vehicles has restarted under the aegis of a Czech company called Auto Max Czech (AMC). During the mid-2000s, Russian manufacturer Derways used ARO chassis to produce its Derways Cowboy model. History The first factory in Câmpulung was built during the Second World War, under orders from Marshal Ion Antonescu, starting 1942. The facility was initially meant to produce airscrews, being an extension of the Romanian aircraft manufacturer IAR. After the war, this factory formed the base for ARO. The beginning ARO manufactured over 380,000 vehicles, 2/3 of which were exported to some 110 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Repair
The right to repair refers to proposed government legislation to forbid manufacturers to impose barriers that deny consumers the ability to repair and modify their own consumer products (e.g. electronic, automotive devices or farm vehicles such as tractors). Such barriers require consumers to use only the manufacturer's offered services by restricting access to tools and components, and include software barriers that hinder independent repair or modification. Right to repair may also refer to the movement of citizens putting pressure on their governments to create enabling laws. These obstacles often lead to higher consumer costs or drive consumers to replace devices instead of repairing them. While the global community is concerned over the growing volume of the waste stream (especially electronic components), the primary debate over the right to repair has been centered on the United States and within the European Union. Definition ''Right to repair'' refers to the conce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (such as holiday, health care, and retirement), improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting the integrity of their trade through the increased bargaining power wielded by solidarity among workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The delegate staff of the trade union representation in the workforce are usually made up of workplace volunteers who are often appointed by members in democratic elections. The trade union, through an elected leadership and bargaining committee, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Souter
David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter sat on both the Rehnquist and the Roberts courts. Souter grew up in Massachusetts and New Hampshire and attended Harvard College, Magdalen College, Oxford, and Harvard Law School. After briefly working in private practice, he moved to public service. He served as a prosecutor (1966–1968) in the New Hampshire Attorney General's office (1968–1976), as the attorney general of New Hampshire (1976–1978), as an associate justice of the Superior Court of New Hampshire (1978–1983), as an associate justice of the New Hampshire Supreme Court (1983–1990), and briefly as a judge of the United States Court of Appeals for the First Circuit (1990). Souter was nominated to the Supreme Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
