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English Rule (attorney's Fees)
In the field of law and economics, the English rule is a rule controlling assessment of lawyers' fees arising out of litigation. The English rule provides that the party that loses in court pays the other party's legal costs. The English rule contrasts with the American rule, under which each party is generally responsible for paying its own attorney fees (unless a statute or contract provides otherwise). Some argue that the American system encourages frivolous or "extortionate" suits against businesses with "deep pockets," because plaintiffs can have a contingency fee arrangement with the attorney whereby they pay nothing to the attorney if the case loses. Under a contingent fee arrangement, the attorney for the plaintiff faces no consequences, other than lost time and effort, for bringing a suit that loses, but he can collect huge fees (typically 30% to 40% of the damages awarded) if he wins. By the same token, wealthy defendants have a strong incentive to pay the plaintiff to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law And Economics
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director, George Stigler, and Ronald Coase. The field uses economics concepts to explain the effects of laws, assess which legal rules are economically efficient, and predict which legal rules will be promulgated. There are two major branches of law and economics; one based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and a second branch which focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance. History Origin The historical antecedents of law and economics can be traced back to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorneys' Fees
Attorney's fee is a chiefly United States term for compensation for legal services performed by an 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 fees are usually not paid by the losing party to the winning party in a case, except pursuant to specific 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 attorneys involved, or simplified to attorney fees) a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigation
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment m ... [...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] |
Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walter Olson
Walter K. Olson (born 1954) is an American author and blogger who writes mostly about legal subjects, including tort reform. Olson is a senior fellow of the Cato Institute, a libertarian think tank in Washington, D.C. Formerly, Olson was associated with the Manhattan Institute in New York City. He founded several websites, including the Manhattan Institute's scholarly PointOfLaw.com, and continues to run Overlawyered.com, a more popularly oriented website focusing on tort reform and alleged overreaching by lawyers. He has published four books on the American litigation system: ''The Litigation Explosion'', ''The Excuse Factory'', ''The Rule of Lawyers'', and most recently ''Schools for Misrule''. Olson is a Republican. The Washington Post has dubbed Olson an "intellectual guru of tort reform." He has testified to Congress numerous times, and has written articles for publications such as ''The Wall Street Journal'', ''Reason'', ''Reader's Digest'', and ''The New York Times''. His wo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Octane Fitness, LLC V
Octane is a hydrocarbon and also an alkane with the chemical formula C8H18, and the condensed structural formula CH3(CH2)6CH3. Octane has many structural isomers that differ by the location of branching in the carbon chain. One of these isomers, 2,2,4-trimethylpentane (commonly called iso-octane), is used as one of the standard values in the octane rating scale. Octane is a component of gasoline and petroleum. Under standard temperature and pressure, octane is an odorless, colorless liquid. Like other short-chained alkanes with a low molecular weight, it is volatile, flammable, and toxic. Octane is 1.2 to 2 times more toxic than heptane. Isomers N-octane has 23 constitutional isomers. 8 of these isomers have one stereocenter; 3 of them have two stereocenters. Achiral isomers: * 2-Methylheptane * 4-Methylheptane * 3-Ethylhexane * 2,2-Dimethylhexane * 2,5-Dimethylhexane * (''meso'')-3,4-Dimethylhexane * 3,3-Dimethylhexane * 3-Ethyl-2-methylpentane * 3-Ethyl-3-methylpent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Trolls
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, etc.) Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities (such as universities and national laboratories), which do not practice their asserted patent, may not be considered "patent trolls", when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent monetization entity (PME), patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a "patent troll" depend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rick Perry
James Richard Perry (born March 4, 1950) is an American politician who served as the 14th United States secretary of energy from 2017 to 2019 in the first administration of Donald Trump. He previously served as the 47th governor of Texas from 2000 to 2015 and ran unsuccessfully for the Republican nomination for president of the United States in the 2012 and 2016 elections. Born into a family of cotton farmers in Haskell, Texas, Perry graduated from Texas A&M University in 1972 and entered into the United States Air Force, serving a five-year stint and achieving the rank of captain. After leaving the Air Force in 1977, Perry returned to Texas and entered politics, serving as a member of the Texas House of Representatives from 1985 to 1991. Initially a Democrat, Perry switched parties in 1989 and became a Republican, and was elected Agriculture Commissioner of Texas the following year. In 1998, Perry was elected lieutenant governor of Texas, becoming the state's first Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Costs In English Law
In English civil litigation, costs are the lawyers' fees and disbursements of the parties. In the absence of any order or directive regarding costs, each party is liable to pay their own solicitors' costs and disbursements such as a barrister's fees; in case of dispute, the court has jurisdiction to assess and determine the proper amount. In legal aid cases, a similar assessment will determine the costs which the solicitors will be paid from the Legal Aid Fund. In most courts and tribunals, generally after a final judgment has been given, and possibly after any interim application, the judge has the power to order any party (and in exceptional cases even a third party, or any of the lawyers personally) to pay some or all of other parties' costs. The law of costs defines how such allocation is to take place. Even when a successful party obtains an order for costs against an opponent, it is usual that he may nevertheless still have to pay his solicitors a balance between the cost ... [...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] |
