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Civil Rights Attorney's Fees Award Act Of 1976
The Civil Rights Attorney's Fees Award Act of 1976 is a law of the United States codified in 42 U.S.C. § 1988(b). Often referred to as "Section 1988," this law allows a federal court to award reasonable attorney's fees to a prevailing party in certain civil rights cases. The Act was designed to create an enforcement mechanism for the nation's civil rights laws without creating an enforcement bureaucracy, because the prospect of being awarded attorneys' fees is thought to incentivize attorneys to bring civil rights cases on behalf of plaintiffs. Text The text of 42 U.S.C. § 1988(b) are as follows:"(b) Attorney’s fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318, the Religious Freedom Restoration Act of 1993, the Religious Land Use and Institutionalized Persons Act of 2000, title VI of the Civil Rights Act of 1964, or section 12361 of title 34, the court, in its discreti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the United States Constitution, Article One of the Constitution of the United States, U.S. Constitution to pass or defeat federal legislation. The Senate also has exclusive power to confirm President of the United States, U.S. presidential appointments, to approve or reject treaties, and to convict or exonerate Impeachment in the United States, impeachment cases brought by the House. The Senate and the House provide a Separation of powers under the United States Constitution, check and balance on the powers of the Federal government of the United States#Executive branch, executive and Federal judiciary of the United States, judicial branches of government. The composition and powers of the Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lackey V
Lackey may refer to: __NOTOC__ Places * Lackey, Kentucky, United States, an unincorporated community * Lackey, Mississippi, United States, an unincorporated community * Lackey, Virginia, United States, an unincorporated community * Lackey Ridge, Antarctica Historic American buildings * George W. Lackey House, a historic house in Mountain View, Arkansas * John Alexander Lackey House, a historic house in Burke County, North Carolina * Lackey General Merchandise and Warehouse, a historic commercial building in Mountain View, Arkansas Other uses * Lackey (surname) * Lackey (manservant), a uniformed domestic worker * "Lackey" (song), by the English indie rock band The Others * Henry E. Lackey High School, a school in Charles County, Maryland * Lackey Field, a former baseball and athletics field at Appalachian State University * Lackey moth, a species of moth, ''Malacosoma neustria'' See also * {{Disambiguation, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Establishment Clause
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The ''Establishment Clause'' and the ''Free Exercise Clause'' together read: The Establishment Clause acts as a double security, prohibiting both control of the government by religion and political control of religion by the government. By it, the federal government of the United States and, by later extension, the governments of all U.S. states and U.S. territories, are prohibited from establishing or sponsoring religion. The clause was based on a number of precedents, including the Constitutions of Clarendon, the Bill of Rights 1689, and the first constitutions of Pennsylvania and New Jersey. An initial draft by John Dickinson was prepared in conjunction with his drafting the Articles of Confederation. In 1789, then-congressman James Madison prepared another ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mootness
The terms moot, mootness and moot point are used both in English law, English and in American law, although with significantly different meanings. In the Law of the United States, legal system of the United States, a matter is "moot" if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic settings led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The mootness doctrine can be compared to the ripeness doctrine, another court rule (rather than law), that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. These rules and similar doctr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Attorney General
A private attorney general or public interest lawyer is an informal term originating in common law jurisdictions for a private attorney who brings a lawsuit claiming it to be in the public interest, i.e., benefiting the general public and not just the plaintiff, on behalf of a citizen or group of citizens. The attorney may, at the equitable discretion of the court, be entitled to recover attorney's fees if they prevail. The rationale behind this principle is to provide extra incentive to private attorneys to pursue suits that may be of benefit to society at large. Private attorney general suits are commonly, though not always, brought as class actions in jurisdictions that permit the certification of class action lawsuits. Origin Historically in English common law, a writ of qui tam was 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 pros ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Rule (attorney's Fees)
The American rule (capitalized as American Rule in some U.S. states) is the default legal rule in the United States controlling assessment of attorneys' fees arising out of litigation. It provides that each party is responsible for paying its own attorney's fees,See unless specific authority granted by statute or contract allows the assessment of those fees against the other party. In other parts of the world, the English rule is used, under which the losing party generally pays the prevailing party's attorneys' fees. Exceptions The American rule is merely a default rule, not the blanket rule in the United States. (At p. 1.) Many statutes at both the federal and state levels allow the winner to recover reasonable attorney's fees, and there are two major exceptions in federal case law as well. (At p. 2.) Under Rule 54(d) of the Federal Rules of Civil Procedure, federal statutes may supersede the default rule of not awarding attorney fees. The Magnuson–Moss Warranty Act is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alyeska Pipeline Service Company V
Alyeska may refer to: *Alaska; ''Alyeska'' is an archaic spelling of the Aleut word ''Alaska'' meaning "mainland", "great country", or "great land" *A former settlement, abandoned and merged with Girdwood, Anchorage, Alaska *Alyeska Resort Alyeska Resort is a ski resort in the Girdwood area of Anchorage, Alaska, approximately from downtown Anchorage. Mount Alyeska is part of the Chugach mountain range and the Alyeska Resort is the largest ski area in the state. It includes the ..., an alpine ski area which developed in the early 1960s in Girdwood * Alyeska Pipeline Service Company {{dab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Rights
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the State (polity), state. Civil rights generally include ensuring peoples' physical and mental integrity, right to life, life, and safety, protection from discrimination, the right to privacy, the freedom of freedom of thought, thought, freedom of speech, speech, freedom of religion, religion, freedom of the press, press, freedom of assembly, assembly, and freedom of movement, movement. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of Participation (decision making), participation in civil society and politics such as freedom of association, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney's Fee
Attorney's fee is a chiefly United States term for compensation for legal services performed by an Lawyer, attorney (lawyer or law firm) for a client, in or out of court. Fees may be an hourly, flat-rate or contingent fee. Recent studies suggest that when lawyers charge a flat-fee rather than billing by the hour, they work less hard on behalf of clients and clients get worse outcomes. Attorney fees are separate from fines, compensatory and punitive damages, and (except in Nevada) from court costs in a legal case. Under the "American rule (attorney's fees), American rule", attorney fees are usually not paid by the losing party to the winning party in a case, except pursuant to specific Statute, statutory or contractual rights. Overview The phrase is a legal term of art in American jurisprudence (in which lawyers are collectively referred to as "attorneys", a wording practice not found in most other legal systems). Attorney's fees (or attorneys' fees, depending upon number of attor ... [...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 Constitution of the United States, United States Constitution and Law of the United States, laws of the federal government. The U.S. federal judiciary consists primarily of the Supreme Court of the United States, U.S. Supreme Court, the United States Courts of Appeals, U.S. Courts of Appeals, and the United States District Courts, U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the United States Constitution, 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 United States federal judge, federal judges are appointed by the President of the United States, president with the consent of the United States Senate, Senate to serve until they resign, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
