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Parallel Litigation
Parallel litigation is a scenario in which different courts are hearing the same claim(s). In the United States, parallel litigation (and the "race to judgement" that results)is a consequence of its system of "dual sovereignty, in which both state and federal courts have personal jurisdiction over the parties. A major exception to this rule is that a second parallel In rem proceeding will be enjoined by the first court to obtain jurisdiction, as it has already been drawn into constructive possession of the object of the dispute. In rare cases the federal courts have announced a policy of not hearing (abstaining from) a case when there is parallel litigation going on in state courts, following the Colorado River abstention doctrine. In that case, the federal government sued for adjudication of certain water rights in Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the state court may exer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abstention Doctrine
An abstention doctrine is any of several doctrines that a United States court may (or in some cases must) apply to refuse to hear a case if hearing the case would potentially intrude upon the powers of another court. Such doctrines are usually invoked where lawsuits involving the same issues are brought in two different court systems at the same time (such as federal and state courts). The United States has a federal court system with limitations on the cases that it can hear, while each state has its own individual court system. In some instances, the jurisdiction of these courts overlap, so a lawsuit between two parties may be brought in either or both courts. The latter circumstance can lead to confusion, waste resources, as well as cause the appearance that one court is disrespecting the other. Both federal and state courts have developed rules determining when one court will defer to another's jurisdiction over a particular case. Federal abstention doctrines The various absten ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colorado River Water Conservation District V
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. Colorado is the eighth most extensive and 21st most populous U.S. state. The 2020 United States census enumerated the population of Colorado at 5,773,714, an increase of 14.80% since the 2010 United States census. The region has been inhabited by Native Americans and their ancestors for at least 13,500 years and possibly much longer. The eastern edge of the Rocky Mountains was a major migration route for early peoples who spread throughout the Americas. "''Colorado''" is the Spanish adjective meaning "ruddy", the color of the Fountain Formation outcroppings found up and down the Front Range of the Rocky Mountains. The Territory of Colorado was organized on February 28, 1861, and on August 1, 1876, U.S. President Ulysses S. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. Colorado is the eighth most extensive and 21st most populous U.S. state. The 2020 United States census enumerated the population of Colorado at 5,773,714, an increase of 14.80% since the 2010 United States census. The region has been inhabited by Native Americans and their ancestors for at least 13,500 years and possibly much longer. The eastern edge of the Rocky Mountains was a major migration route for early peoples who spread throughout the Americas. "''Colorado''" is the Spanish adjective meaning "ruddy", the color of the Fountain Formation outcroppings found up and down the Front Range of the Rocky Mountains. The Territory of Colorado was organized on February 28, 1861, and on August 1, 1876, U.S. President Ulyss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Non Conveniens
''Forum non conveniens'' (Latin for "an inconvenient forum") (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and transfers the case to such a forum. A change of venue might be ordered, for example, to transfer a case to a jurisdiction within which an accident or incident underlying the litigation occurred and where all the witnesses reside. As a doctrine of the conflict of laws, ''forum non conveniens'' applies between courts in different countries and between courts in different jurisdictions in the same country. ''Forum non conveniens'' is not applicable between counties or federal districts within a state. A concern often raised in applications of the doctrine is forum shopping, or picking a court merely to gain an advantage in the proceeding. This concern is balanced against the public policy of deferring to a plaintiff's choice of ve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Multiplicity Of Suits
Multiplicity of suits is a term to describe when more than one lawsuit exists regarding the same transaction or occurrence. The law generally attempts to avoid this situation and there are several rules in place when such situations occur. The main risk with several lawsuits over the same subject matter is that the different lawsuits may result in clearly contradictory results. For example, a litigant is injured when crossing a bridge in Ottawa, Ontario, joining it to Hull, Quebec due to defects in the roadway. This could result in a lawsuit against the city of Ottawa, the city of Hull, the province of Ontario, the province of Quebec, and even the federal government of Canada. However, court rules often require governments to be sued in their own courts. This situation would require three different lawsuits - one in Ontario, one in Quebec, and one in the Federal Court of Canada. As such, usually one court will accept jurisdiction over the entire matter, and any proceedings ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
