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Concurrent Jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to them. United States In the United States, concurrent jurisdiction exists to the extent that the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, when a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either federal court (under its diversity jurisdiction) or in the state court located in Florida (under its personal jurisdiction over the defendant). Concurrent jurisdiction may also be created where the United States Congress, in creating a cause of action, permits the courts of the states to hear cases alleging that cause of action. For example, a state court ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authorit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condominium (international Law)
A condominium (plural either condominia, as in Latin, or condominiums) in international law is a political territory (state or border area) in or over which multiple sovereign powers formally agree to share equal ''dominium'' (in the sense of sovereignty) and exercise their rights jointly, without dividing it into "national" zones. Although a condominium has always been recognized as a theoretical possibility, condominia have been rare in practice. A major problem, and the reason so few have existed, is the difficulty of ensuring co-operation between the sovereign powers; once the understanding fails, the status is likely to become untenable. The word is recorded in English since c. 1714, from Modern Latin, apparently coined in Germany c. 1700 from Latin ''con-'' 'together' + ''dominium'' 'right of ownership' (compare domain). A condominium of three sovereign powers is sometimes called a tripartite condominium or tridominium. Current condominia Abyei Area The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lis Alibi Pendens
The principle of (Latin for 'dispute elsewhere pending') applies both in municipal law, public international law, and private international law to address the problem of potentially contradictory judgments. If two courts were to hear the same dispute, it is possible they would reach inconsistent decisions. To avoid the problem, there are two rules. ''Res judicata'' provides that once a case has been determined, it produces a judgment either '' inter partes'' or '' in rem'' depending on the subject matter of the dispute, i.e. although there can be an appeal on the merits, neither party can recommence proceedings on the same set of facts in another court. If this rule were not in place, litigation might never come to an end. The second rule is that proceedings on the same facts cannot be commenced in a second court if the (action), is already (pending), in another court. arises from international comity and it permits a court to refuse to exercise jurisdiction when there is paral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secular
Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negatively or positively, may be considered secular. Linguistically, a process by which anything becomes secular is named ''secularization'', though the term is mainly reserved for the secularization of society; and any concept or ideology promoting the secular may be termed ''secularism'', a term generally applied to the ideology dictating no religious influence on the public sphere. Definitions Historically, the word ''secular'' was not related or linked to religion, but was a freestanding term in Latin which would relate to any mundane endeavour. However, the term, saecula saeculorumsaeculōrumbeing the genitive plural of saeculum) as found in the New Testament in the Vulgate translation (circa 410) of the original Koine Greek phrase ('' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ecclesiastical Court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the ''Corpus Juris Civilis'' of Justinian, which is considered the source of the civil law legal tradition. Catholic Church The tribunals of the Catholic Church are governed by the 1983 Code of Canon Law in the case of the Western Church (Latin Church), and the Code of Canons of the Eastern Churches in the case of the Eastern Catholic Churches (Byzantine, Ukrainian, Maronite, Melkite, etc.). Both systems of canon law underwent general revisions in the late 20th century, resulting in the new code for the Latin Church in 1983, and the compilation for the first time of the Eastern Code in 1990. First instance Cases normally originate i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a subcontinent of Eurasia and it is located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. Comprising the westernmost peninsulas of Eurasia, it shares the continental landmass of Afro-Eurasia with both Africa and Asia. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south and Asia to the east. Europe is commonly considered to be separated from Asia by the watershed of the Ural Mountains, the Ural River, the Caspian Sea, the Greater Caucasus, the Black Sea and the waterways of the Turkish Straits. "Europe" (pp. 68–69); "Asia" (pp. 90–91): "A commonly accepted division between Asia and Europe ... is formed by the Ural Mountains, Ural River, Caspian Sea, Caucasus Mountains, and the Black Sea wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a prominent role in the history and development of Western civilization. O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralized authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—most recently part of the Ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title 28 Of The United States Code
Title 28 (Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law) that governs the federal judicial system. It is divided into six parts: * Part I: Organization of Courts * Part II: Department of Justice * Part III: Court Officers and Employees * Part IV: Jurisdiction and Venue * Part V: Procedure * Part VI: Particular Proceedings Part I—Organization of Courts The part establishes United States federal courts. * : Supreme Court :: Includes provisions setting the number of justices at 9 and defining a quorum as any 6, setting the terms of court, and determining salaries * : Courts of Appeals :: Includes provisions relating to the composition of Circuits, the creation, composition and terms of courts, and the selection and employment conditions of judges * : District Courts :: Describes for each state the layout of districts, divisions etc; describes the creation and composition of courts and the selection and employment condition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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