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Relator (law)
Relator , female relatrix , (Latin for "narrator") is the legal term meaning a private person at whose relation or on whose behalf an application for a quo warranto or mandamus is filed.A Dictionary of Modern Legal Usage. Copyright (c) 1990 Bryan A. Garner, Oxford University Press, Inc. The relator appears as one beneficially interested, but the action is maintained on his behalf. The relator furnishes the knowledge or facts on which an information or a proceeding in quo warranto is based. Such a proceeding is usually in the name of the state, ex rel. (''ex relatione'' = " risingout of the narration") of the relator, and so is called an "ex rel. action". Qui tam A qui tam action may be brought by any party (as a relator) against an entity that is fraudulently collecting money from the United States government by filing false claims. The party bringing the suit – the relator – must have possession of information substantiating the claim of fraud against the government. The gove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quo Warranto
In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold. ''Quo warranto'' is also used, with slightly different effect, in the Philippines. Early history With the spread of royal justice in the 12th and 13th centuries, private franchises and liberties were increasingly called upon to uphold the king's peace: to act against "malefactors and peace breakers, so that it may appear that you are a lover of our peace". From 1218 onwards, royal Eyres also began using the old writ of ''quo warranto'' – a court order to show proof of authority, as for example (literally) "By what warrant are you the sheriff?" – to investigate the origins of such franchises. An inquest of 1255 began examining such liberties nationwide; and the same enquiry was taken up again by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
An Information
An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted. Available via HeinOnline. Orfield cites Holdsworth as the source of this information. Available via HeinOnline. Although the information has been abolished in England and Wales and Northern Ireland, it is still used in Canada, the United States (at both the federal level and in some states) and various other common law jurisdictions. Canada Criminal charges In Canada, charges under the Criminal Code are either by summary process, or by indictment. Both types of charges begin with an information, except in the rare situation of a direct indictment by the Attorney General. The form of an information is prescribed by the Criminal Code. Informations are to be drafted using Form 2 for both indictabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proceeding In Quo Warranto
In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold. ''Quo warranto'' is also used, with slightly different effect, in the Philippines. Early history With the spread of royal justice in the 12th and 13th centuries, private franchises and liberties were increasingly called upon to uphold the king's peace: to act against "malefactors and peace breakers, so that it may appear that you are a lover of our peace". From 1218 onwards, royal Eyres also began using the old writ of ''quo warranto'' – a court order to show proof of authority, as for example (literally) "By what warrant are you the sheriff?" – to investigate the origins of such franchises. An inquest of 1255 began examining such liberties nationwide; and the same enquiry was taken up again by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Rel
''Ex rel.'' is an abbreviation of the Latin phrase "''ex relatione'' (meaning "[arising] out of the relation/narration [of the relator]" ). The term is a legal phrase; the legal citation guide, the ''Bluebook'', describes ''ex rel.'' as a "procedural phrase" and requires using it to abbreviate "on the relation of", "for the use of", "on behalf of", and similar expressions. It is most commonly used when a government brings a cause of action upon the request of a private party who has some interest in the matter. The private party is called the ''Relator (law), relator'' in such a case. The government acts on the basis of the narration or recounting (Latin ''relatione'') of the alleged facts by the relator. Governments typically accept applications and commence litigation for ''ex rel.'' actions only if the interest advanced by the private party is similar to the interest of the government. New York (state), New York has a "Forest Preserve (New York), forever wild" constitutional a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qui Tam
In common law, a writ of ''qui tam'' is a writ through which private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the prosecution. Its name is an abbreviation of the Latin phrase ''qui tam pro domino rege quam pro se ipso in hac parte sequitur'', meaning " ewho sues in this matter for the king as well as for himself." The writ fell into disuse in England and Wales following the Common Informers Act 1951 but remains current in the United States under the False Claims Act, ''et seq.'', which allows a private individual, or "whistleblower" (or relator), with knowledge of past or present fraud committed against the federal government to bring suit on its behalf. There are also ''qui tam'' provisions in regarding arming vessels against friendly nations; regarding violating Indian protection laws; regarding the removal of undersea treasure from the Florida coast to foreign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Claims Act
The False Claims Act (FCA), also called the "Lincoln Law", is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal government's primary litigation tool in combating fraud against the government. The law includes a ''qui tam'' provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government. This is informally called "whistleblowing", especially when the relator is employed by the organization accused in the suit. Persons filing actions under the Act stand to receive a portion (15–30%, depending on certain factors) of any recovered damages. As of 2019, over 71% of all FCA actions were initiated by whistleblowers. Claims under the law have typically involved health care, military, or other government spending programs, and dominate the list of largest pharmaceutical settlements. Between 1987 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Legal Terminology
Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally common land, now a park in London, UK * Common Moss, a townland in County Tyrone, Northern Ireland * Lexington Common, a common land area in Lexington, Massachusetts * Salem Common Historic District, a common land area in Salem, Massachusetts People * Common (rapper) (born 1972), American hip hop artist, actor, and poet * Andrew Ainslie Common (born 1841), English amateur astronomer * Andrew Common (born 1889), British shipping director * John Common, American songwriter, musician and singer * Thomas Common (born 1850), Scottish translator and literary critic Arts, entertainment, and media * ''Common'' (film), a 2014 BBC One film, written by Jimmy McGovern, on the UK's Joint Enterprise Law * Dol Common, a character in ''The Alchemist'' b ... [...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] |
Civil Procedure Legal Terminology
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Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a member of armed forces *Civil law (other), multiple meanings *Civil liberties *Civil religion *Civil service *Civil society *Civil war *Civil (surname) Civil is a surname. Notable people with the surname include: *Alan Civil (1929–1989), British horn player *François Civil (born 1989), French actor * Gabrielle Civil, American performance artist *Karen Civil (born 1984), American social media an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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