|
Qualified Immunity
In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known". It is a form of sovereign immunity less strict than absolute immunity that is intended to protect officials who "make reasonable but mistaken judgments about open legal questions", extending to "all fficialsbut the plainly incompetent or those who knowingly violate the law". Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions. The U.S. Supreme Court first introduced the qualified immunity doctrine in ''Pierson v. Ray'' (1967), a case litigated during the height of the civil rights movement. It is stated to have been originally introduced with the rati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Courts Of Appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders, the District of Columbia Circuit, which covers only Washington, D.C., and the Federal Circuit, which hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. Appeals from decisions of the courts of appeals can be taken to the U.S. Supreme Court. The United States courts of appeals are considered the most powerful and influential courts in the United States after the Supreme Court. Because of their ability to set legal precedent in regions that cover millions of Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Objective Standard
In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant.Quimbe Legal Definitions, ''"Subjective standard of reasonableness"'', Definition - A standard that assesses the reasonableness of a defendant’s actions based on what the defendant perceived."/ref>State v. Leidholm, Supreme Court of North Dakota, 334 N.W.2d 811 (1983) An objective standard of reasonableness ascertains the knowledge of a person by viewing a situation from the standpoint of a hypothetical reasonable person, without considering the particular physical and psychological characteristics of the defendant. A subjective standard of reasonableness asks whether the circumstances would produce an honest and reasonable belief in a person having the particular mental and physical characteristics of the defendant, such as their personal knowledge and personal history, when the same circumstances might not produce the same in a general reasonable person. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
6th Cir
6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second smallest composite number, behind 4; its proper divisors are , and . Since 6 equals the sum of its proper divisors, it is a perfect number; 6 is the smallest of the perfect numbers. It is also the smallest Granville number, or \mathcal-perfect number. As a perfect number: *6 is related to the Mersenne prime 3, since . (The next perfect number is 28.) *6 is the only even perfect number that is not the sum of successive odd cubes. *6 is the root of the 6-aliquot tree, and is itself the aliquot sum of only one other number; the square number, . Six is the only number that is both the sum and the product of three consecutive positive numbers. Unrelated to 6's being a perfect number, a Golomb ruler of length 6 is a "perfect ruler". Six is a con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministerial Act
In United States law, a ministerial act is a government action "performed according to legal authority, established procedures or instructions from a superior, without exercising any individual judgment." It can be any act a functionary or bureaucrat performs in a prescribed manner, without exercising any individual judgment or discretion. Under law, this would be classified under the rubric of public policy. Examples of what is, and is not, ministerial Examples of ministerial acts include: * the entry of an order of the court by a clerk of the court, * notarization (acknowledgement) by a notary public, * mechanical processing of an income tax return * determining the existence of facts and applying them as required by law, without any discretion * issuance of a building permit *approval of a Subdivision (land), subdivision real estate * approval of a demolition permit * a court's Remand (court procedure), remand for "the correction of language in a judgment or the entry of a judg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pearson V
Pearson may refer to: Organizations Education * Lester B. Pearson College, Victoria, British Columbia, Canada *Pearson College (UK), London, owned by Pearson PLC * Lester B. Pearson High School (other) Companies *Pearson PLC, a UK-based international media conglomerate, best known as a book publisher **Pearson Education, the textbook division of Pearson PLC ***Pearson-Longman, an imprint of Pearson Education *Pearson Yachts Places *Pearson, California (other) *Pearson, Georgia, a US city *Pearson, Texas, an unincorporated community in the US *Pearson, Victoria, a ghost town in Australia *Pearson, Wisconsin, an unincorporated community in the US *Toronto Pearson International Airport, in Toronto, Ontario, Canada *Pearson Field, in Vancouver, Washington, US *Pearson Island, an island in South Australia which is part of the Pearson Isles *Pearson Isles, an island group in South Australia Other uses *Pearson (surname) *Pearson correlation coefficient, a statistical m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saucier V
A saucier () or sauté chef is a position in the classical Brigade de cuisine, brigade style kitchen. It can be translated into English as ''sauce chef''. In addition to preparing sauces, the saucier prepares stews, hot hors d'œuvres, and Sautéing, sautés food to order. Although it is often considered the highest position of the station cooks, the saucier is typically still tertiary to the chef and sous-chef. Escoffier definition In Georges Auguste Escoffier's system of the classic kitchen brigade, outlined in his ''Le guide culinaire, Guide Culinaire'', the saucier is "responsible for all sautéed items and most sauces". Sauciers in popular culture The 1979 film ''Apocalypse Now'' character, "Chef" Hicks (played by Frederic Forrest) says that he was "raised to be a saucier" in New Orleans. In ''Tropic Thunder'', the character Kirk Lazarus (played by Robert Downey Jr.) claims to have been a saucier in San Antonio in reference to ''Apocalypse Now.'' In ''Futurama'', Bender ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subjective And Objective Standard Of Reasonableness
In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant.Quimbe Legal Definitions, ''"Subjective standard of reasonableness"'', Definition - A standard that assesses the reasonableness of a defendant’s actions based on what the defendant perceived."/ref> State v. Leidholm, Supreme Court of North Dakota, 334 N.W.2d 811 (1983) An objective standard of reasonableness ascertains the knowledge of a person by viewing a situation from the standpoint of a hypothetical reasonable person, without considering the particular physical and psychological characteristics of the defendant. A subjective standard of reasonableness asks whether the circumstances would produce an honest and reasonable belief in a person having the particular mental and physical characteristics of the defendant, such as their personal knowledge and personal history, when the same circumstances might not produce the same in a general reasonable person. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harlow V
Harlow is a large town and local government district located in the west of Essex, England. Founded as a new town, it is situated on the border with Hertfordshire and London, Harlow occupies a large area of land on the south bank of the upper Stort Valley, which has been made navigable through other towns and features a canal section near its watermill. Old Harlow is a historic village founded by the early medieval age and most of its high street buildings are early Victorian and residential, mostly protected by one of the Conservation Areas in the district. In Old Harlow is a field named Harlowbury, a de-settled monastic area which has the remains of a chapel, a scheduled ancient monument. The M11 motorway passes through to the east of the town. Harlow has its own commercial and leisure economy. It is also an outer part of the London commuter belt and employment centre of the M11 corridor which includes Cambridge and London Stansted Airport to the north. At the time of the 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
