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Removal Jurisdiction
In the United States, removal jurisdiction allows a defendant to move a civil action filed in a state court to the United States district court in the federal judicial district in which the state court is located. A federal statute governs removal. Generally, removal jurisdiction exists only if, at the time plaintiff filed the action in state court, the federal court had a basis for exercising subject-matter jurisdiction over the action, such as diversity of citizenship of the parties or where plaintiff's action involves a claim under federal law. If removal is based solely on diversity of citizenship, removal jurisdiction does not exist if any properly joined and served defendant is a citizen of the state in which the action is pending. Where removal jurisdiction exists, the defendant may remove the action to federal court by filing a notice of removal in the federal district court within 30 days after receiving the complaint. The defendant must file a copy of the notice of r ... [...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] |
Discretion
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it positively. Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats. Discretion has been called "the Art of suiting the action to particular circumstances" (Lord Scarman). Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power. The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. In law In the legal system, discretion is often defined as the ability of a judge to choose where, how and with what severity to sentence a person who has been convicted. A person chooses to utilize his or her options and decides which to use, whether this is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supplemental Jurisdiction
Supplemental jurisdiction, also sometimes known as ancillary jurisdiction or pendent jurisdiction, is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject-matter jurisdiction to hear the additional claims independently. is a codification of the Supreme Court's rulings on ancillary jurisdiction ('' Owen Equipment & Erection Co. v. Kroger'', ) and pendent jurisdiction ('' United Mine Workers of America v. Gibbs'', ) and a superseding of the Court's treatment of pendent party jurisdiction (''Finley v. United States'', ). Historically there was a distinction between pendent jurisdiction and ancillary jurisdiction. But, under the ruling in ''Exxon'', that distinction is no longer meaningful. Supplemental jurisdiction refers to the various ways a federal court may hear either: state law claims, claims from parties who lack the amount in controversy requirement of diversity juri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reuters
Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was established in London in 1851 by the German-born Paul Reuter. It was acquired by the Thomson Corporation of Canada in 2008 and now makes up the media division of Thomson Reuters. History 19th century Paul Reuter worked at a book-publishing firm in Berlin and was involved in distributing radical pamphlets at the beginning of the Revolutions in 1848. These publications brought much attention to Reuter, who in 1850 developed a prototype news service in Aachen using homing pigeons and electric telegraphy from 1851 on, in order to transmit messages between Brussels and Aachen, in what today is Aachen's Reuters House. Reuter moved to London in 1851 and established a news wire agency at the London Royal Exchange. Headquartered in London, R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ruby Ridge
Ruby Ridge was the site of an eleven-day siege in 1992 in Boundary County, Idaho, near Naples. It began on August 21, when deputies of the United States Marshals Service (USMS) initiated action to apprehend and arrest Randy Weaver under a bench warrant after his failure to appear on firearms charges. Weaver refused to surrender, and members of his immediate family, and family friend Kevin Harris, resisted as well. The Hostage Rescue Team of the Federal Bureau of Investigation (FBI HRT) became involved as the siege developed. During the USMS reconnaissance of the Weaver property, six U.S. Marshals encountered Harris and Sammy, Weaver's 14-year-old son, in woods near the family cabin. A shootout took place. Deputy U.S. Marshal William Francis Degan, Sammy Weaver, and the Weavers' dog, Striker, all died as a result. In the subsequent siege of the Weaver residence, led by the FBI, Weaver's wife Vicki was killed by FBI sniper fire. All casualties occurred in the first two days of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Employers Liability Act
The Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. (1908), is a United States federal law that protects and compensates railroaders injured on the job. Background In the years between 1889 and 1920, railroad use in the U.S. expanded six-fold. With this expansion, the dangers to the railroad worker increased. President Benjamin Harrison addressed these dangers in a speech to the United States Congress in 1889, in which he compared the plight of the railroad worker to those of a soldier at war: It is a reproach to our civilization that any class of American workmen, should in the pursuit of a necessary and useful vocation, be subjected to a peril of life and limb as great as that of a soldier in time of war. In discussing the need for legislation to address the railroad worker's exposure to harm, U.S. Representative Henry D. Flood, a strong advocate for the passage of the FELA, referred to alarming statistics about the injuries and deaths associated with wor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workers' Compensation
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers. While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re
''In re'', Latin for "in the matter f, is a term with several different, but related meanings. Legal use In the legal system in the United States, ''In re'' is used to indicate that a judicial proceeding may not have formally designated adverse parties or is otherwise uncontested. ''In re'' is an alternative to the more typical adversarial form of case designation, which names each case as "''Plaintiff v.'' (versus) ''Defendant''", as in ''Roe v. Wade'' or ''Miranda v. Arizona''. ''In re'' is commonly used in case citations of probate and bankruptcy proceedings, such as the General Motors Chapter 11 reorganization, which was formally designated ''In re General Motors Corp''. in court papers. The term is also sometimes used for consolidated cases, as with '' In re Marriage Cases''. It was adopted by certain U.S. states, like California, when they adopted no-fault divorce to reflect the fact that the modern proceeding for dissolution of marriage was being taken out of the ad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant’s claims are “counterclaims.” Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circuit Split
In United States federal courts, a circuit split occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.https://www.supremecourt.gov/ctrules/2013RulesoftheCourt.pdf Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason. Despite the desire of the Supreme Court to resolve conflicts between circuit courts, legal scholars disagree about whether circuit splits are ultimately detrimental or beneficial. Some argue that circuit splits are harmful because they create confusion and encourage forum shopping, while other scholars argue that variation among circuits allows local courts to experiment with new laws that reflect the values of the local residents. Scholars have also observed that re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
