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Sanctions (law)
Sanctions, in law and legal definition, are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines. Within the context of civil law, sanctions are usually monetary fines, levied against a party to a lawsuit or their attorney, for violating rules of procedure, or for abusing the judicial process. The most severe sanction in a civil lawsuit is the involuntary dismissal, with prejudice, of a complaining party's cause of action, or of the responding party's answer. This has the effect of deciding the entire action against the sanctioned party without recourse, except to the degree that an appeal or trial ''de novo'' may be allowed because of reversible error. As a noun, the term is usually used in the plural form, even if it only refers to a single event: if a judge fines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in government, typically regulation means stipulations of the delegated legislation which is drafted by subject-matter experts to enforce primary legislation; * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Social Regulation in the social, political, psychological, and economic domains can take many forms: legal r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial De Novo
In law, the expression trial ''de novo'' means a "new trial" by a different tribunal (''de novo'' is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial"). A trial ''de novo'' is usually ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law. Common law In common law systems, one feature that distinguishes a trial ''de novo'' from an appellate proceeding is that new evidence may not ordinarily be presented in an appeal (though there are rare instances when it may be allowed—usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court). The general rule, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will ofte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Procedure
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, right to confront accusers as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions), with those rights en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciaries
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vilhelm Aubert
Johan Vilhelm Aubert (7 June 1922 – 19 July 1988) was an influential Norwegian sociologist. He was a professor at the Faculty of Law, University of Oslo from 1963 to 1971 and at the Department of Sociology from 1971 to 1988. He co-founded the Norwegian Institute for Social Research already in 1950, and has been labelled the "father of Norwegian sociology". In his early life he was a member of the anti-Nazi resistance group XU, and while later involved on the radical wing of the Labour Party, he edited the newspaper '' Orientering''. Early career Vilhelm Aubert was born in Kristiania in 1922. He was the older brother of mathematician Karl Egil Aubert, born 1924. Vilhelm Aubert enrolled at the University of Oslo in 1940, the same year as Norway was invaded by Germany as a part of the Second World War. Aubert became a member of the illegal intelligence organization XU. Aubert finally graduated with the cand.jur. degree in 1946. He then lived in the United States for tw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawrence M
Lawrence may refer to: Education Colleges and universities * Lawrence Technological University, a university in Southfield, Michigan, United States * Lawrence University, a liberal arts university in Appleton, Wisconsin, United States Preparatory & high schools * Lawrence Academy at Groton, a preparatory school in Groton, Massachusetts, United States * Lawrence College, Ghora Gali, a high school in Pakistan * Lawrence School, Lovedale, a high school in India * The Lawrence School, Sanawar, a high school in India Research laboratories * Lawrence Berkeley National Laboratory, United States * Lawrence Livermore National Laboratory, United States People * Lawrence (given name), including a list of people with the name * Lawrence (surname), including a list of people with the name * Lawrence (band), an American soul-pop group * Lawrence (judge royal) (died after 1180), Hungarian nobleman, Judge royal 1164–1172 * Lawrence (musician), Lawrence Hayward (born 1961), British ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ota Weinberger
OTA or ota may stand for: Art, entertainment, and media * '' Off the Air'', an Adult Swim television series * Otakon, an annual anime convention in Baltimore, Maryland Electronics, science, and technology * Ochratoxin A (also termed OTA), a mycotoxin * Operational transconductance amplifier, a kind of operational amplifier * Optical tube assembly, the tubular optical train of a telescope as referred by astronomers * Over-the-air, another word for wireless communication ** Over-the-air programming, a method of reprogramming smart phones and other mobile devices ** OTA bitmap, a data format developed by Nokia for sending images via SMS ** Over-the-air television (or terrestrial television), the traditional method of television broadcast signal delivery ** Over-the-air performance testing, evaluation of the performance of a radio including the impact of its radiation pattern and its interaction with device circuitry. Law and government * Ontario Temperance Act, 1916 Canadian law p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Niklas Luhmann
Niklas Luhmann (; ; December 8, 1927 – November 6, 1998) was a German sociologist, philosopher of social science, and a prominent thinker in systems theory. Biography Luhmann was born in Lüneburg, Free State of Prussia, where his father's family had been running a brewery for several generations. He entered the Gymnasium Johanneum at Luneburg in 1937. In 1943, he was conscripted as a Luftwaffenhelfer in World War II and served for two years until, at the age of 17, he was taken prisoner of war by American troops in 1945. After the war Luhmann studied law at the University of Freiburg from 1946 to 1949, when he obtained a law degree, and then began a career in Lüneburg's public administration. During a sabbatical in 1961, he went to Harvard, where he met and studied under Talcott Parsons, then the world's most influential social systems theorist. In later days, Luhmann dismissed Parsons' theory, developing a rival approach of his own. Leaving the civil service in 1962, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norberto Bobbio
Norberto Bobbio (; 18 October 1909 – 9 January 2004) was an Italian philosopher of law and political sciences and a historian of political thought. He also wrote regularly for the Turin-based daily ''La Stampa''. Bobbio was a social liberal in the tradition of Piero Gobetti, Carlo Rosselli, , and Aldo Capitini. He was also strongly influenced by Hans Kelsen and Vilfredo Pareto. Early life Bobbio was born in Turin on October 18, 1909 to Luigi and Rosa Caviglia. The middle-class status of his family (his father was a doctor) allowed Bobbio to have a comfortable childhood. He wrote verses and loved Bach and Verdi's opera ''La traviata''. Later, he would develop an unknown illness that caused tiredness and malaise. The feeling worsened with age but became an important part of his intellectual growth. Bobbio studied at the Liceo Classico Massimo d'Azeglio, where he met Leone Ginzburg, Cesare Pavese, and Vittorio Foa, who would all become major figures in the culture of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Herbert L
Herbert may refer to: People Individuals * Herbert (musician), a pseudonym of Matthew Herbert Name * Herbert (given name) * Herbert (surname) Places Antarctica * Herbert Mountains, Coats Land * Herbert Sound, Graham Land Australia * Herbert, Northern Territory, a rural locality * Herbert, South Australia. former government town * Division of Herbert, an electoral district in Queensland * Herbert River, a river in Queensland * County of Herbert, a cadastral unit in South Australia Canada * Herbert, Saskatchewan, Canada, a town * Herbert Road, St. Albert, Canada New Zealand * Herbert, New Zealand, a town * Mount Herbert (New Zealand) United States * Herbert, Illinois, an unincorporated community * Herbert, Michigan, a former settlement * Herbert Creek, a stream in South Dakota * Herbert Island, Alaska Arts, entertainment, and media Fictional entities * Herbert (Disney character) * Herbert Pocket (''Great Expectations'' character), Pip's close friend and roommate in the ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, or die. Courts All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no state court may include this designation as part of its name. The federal courts are generally divided between t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
