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Twiqbal
Twiqbal is a colloquial term in American law (civil procedure), referring to two separate US Supreme Court cases that together made it more difficult to sue in federal court, by requiring that plaintiffs demonstrate that their claims are "plausible", rather than simply describing the case in sufficient detail to put the defendant on notice. The two cases are ''Bell Atlantic Corp. v. Twombly'', 550 U.S. 544 (2007) and ''Ashcroft v. Iqbal'', 556 U.S. 662 (2009), and "Twiqbal" is a portmanteau of Twombly and Iqbal. Because the two cases together have wrought a significant change in American civil procedure, the cases together, and the principle for which the cases stand, have both become commonly referred to as ''Twiqbal''. ''Iqbal'' expansion of ''Twombly'' The Supreme Court's 2009 ''Iqbal'' case elaborated the heightened standard of pleading it established two years previously in ''Twombly'', and established that it was generally applicable in all federal civil litigation and not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pleading (United States)
Pleading in United States Federal courts is governed by the Federal Rules of Civil Procedure. According to Rule 7, only these pleadings are allowed: * A complaint; * An answer to a complaint; * An answer to a counterclaim designated as a counterclaim; * An answer to a crossclaim; * A third-party complaint; * An answer to a third-party complaint; and * If the court orders one, a reply to an answer. Any other document that requests a court order is referred to as a motion. Notice pleading Notice pleading is the dominant form of pleading used in the United States today. In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. The focus of the cause of action was shifted to discovery (another goal of the FRCP). Under the Federal Rules, a plaintiff's complaint merely needs to contain a short and plain statement of their cause of action. All additional information in regards to the cause of action are handle ... [...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] |
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern Pleading (England and Wales), pleading in England and Wales. Federal Rules of Civil Procedure govern Pleading (United States), pleading in United States federal courts. Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Examples Pleading in early American law was done through common law writs (for example ''demurrer''). Under the Federal Rules of Civil Procedure a ''complaint'' is the first pleading in American law filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bell Atlantic Corp
A bell is a struck idiophone, directly struck idiophone percussion instrument. Most bells have the shape of a hollow cup that when struck vibrates in a single strong strike tone, with its sides forming an efficient resonator. The strike may be made by an internal "clapper" or "uvula", an external hammer, or—in small bells—by a small loose sphere enclosed within the body of the bell (jingle bell). Bells are usually cast from bell metal (a type of bronze) for its resonant properties, but can also be made from other hard materials. This depends on the function. Some small bells such as ornamental bells or cowbells can be made from cast or pressed metal, glass or ceramic, but large bells such as a church, clock and tower bells are normally cast from bell metal. Bells intended to be heard over a wide area can range from a single bell hung in a turret or bell-gable, to a musical ensemble such as an English ring of bells, a carillon or a Russian Russian Orthodox bell ringing, zvon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ashcroft V
Ashcroft may refer to: Places * Ashcroft, British Columbia, a village in Canada **Ashcroft House in Bagpath, Gloucestershire, England—eponym of the Canadian village * Ashcroft, New South Wales, a suburb of Sydney, Australia * Ashcroft, Colorado, a former U.S. mining town, south of Aspen * Ashcroft (Geneva, New York), a historic house * Ashcroft Technology Academy, a secondary school in London, UK People * Catherine Ashcroft, English musician (Irish Folk) * Charlie Ashcroft, English footballer * Chloe Ashcroft, British television presenter * Christina Ashcroft (born 1964), Canadian sport shooter * Dolores Ashcroft-Nowicki, British occultist * Edgar Arthur Ashcroft (1864–1938), invented zinc extraction process in Australia * Ernest Ashcroft (b. 1925), English professional rugby league footballer * Lee Ashcroft, English footballer * Jay Ashcroft, American politician * Jimmy Ashcroft, English footballer * John Ashcroft, the 79th Attorney General of the United States under Georg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Portmanteau
A portmanteau word, or portmanteau (, ) is a blend of wordsGarner's Modern American Usage , p. 644. in which parts of multiple words are combined into a new word, as in ''smog'', coined by blending ''smoke'' and ''fog'', or ''motel'', from ''motor'' and ''hotel''. In , a portmanteau is a single morph that is analyzed as representing two (or more) underlying s. When portmanteaus shorten es ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Litigation
Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United States, United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and civil procedure, procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antitrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territorial boun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Notice Pleading Restoration Act Of 2009
Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice Service of process At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant "on notice" of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice. In a civil case, personal jurisdiction over a defendant is obtained by service of a summons. Service can be accomplished by personal delivery of the summons or subpoena to the person or an authorized agent of the person. Service may also be made by substituted means; for example, in many jurisdictions, service of a summons can be made on a person of suitable age and discretion at the residence or pl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Open Access To Courts Act Of 2009
Open or OPEN may refer to: Music * Open (band), Australian pop/rock band * The Open (band), English indie rock band * ''Open'' (Blues Image album), 1969 * ''Open'' (Gotthard album), 1999 * ''Open'' (Cowboy Junkies album), 2001 * ''Open'' (YFriday album), 2001 * ''Open'' (Shaznay Lewis album), 2004 * ''Open'' (Jon Anderson EP), 2011 * ''Open'' (Stick Men album), 2012 * ''Open'' (The Necks album), 2013 * ''Open'', a 1967 album by Julie Driscoll, Brian Auger and the Trinity * ''Open'', a 1979 album by Steve Hillage * "Open" (Queensrÿche song) * "Open" (Mýa song) * "Open", the first song on The Cure album ''Wish'' Literature * ''Open'' (Mexican magazine), a lifestyle Mexican publication * ''Open'' (Indian magazine), an Indian weekly English language magazine featuring current affairs * ''OPEN'' (North Dakota magazine), an out-of-print magazine that was printed in the Fargo, North Dakota area of the U.S. * Open: An Autobiography, Andre Agassi's 2009 memoir Computin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Civil Procedure
Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system. History Early federal and state civil procedure in the United States was rather ''ad hoc'' and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law. Even worse, discovery was generally unavailable in actions at law. In order to obtain discovery, a party to a legal action had to bring a c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
