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Fair Procedure
Fair procedure is a common law doctrine that arises from a line of groundbreaking decisions of the Supreme Court of California dating back to the 1880s. Certain types of private actors (especially professional associations, unions, hospitals, and insurance companies), due to their overwhelming economic power within certain fields, cannot arbitrarily expel members or employees or deny persons admission for no logical reason; they are obligated to provide a rudimentary form of procedural due process (in the form of notice and a hearing). It is contrasted against due process in that it applies to private actors, while due process normally applies only to state actors. Damages for violating the right of fair procedure can be substantial. For example, the State Compensation Insurance Fund was found liable for $1,131,000 for arbitrarily denying a small medical clinic admission to its preferred provider network. But the right of fair procedure only applies where the conduct of the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of California
The Supreme Court of California is the Supreme court, highest and final court of appeals in the judiciary of California, courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California State court (United States), state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property law, property, Civil and political rights, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention electi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actor (policy Debate)
This is a glossary of policy debate terms. Affirmative In policy debate (also called ''cross-examination debate'' in some circuits, namely the University Interscholastic League of Texas), the ''Affirmative'' is the team that affirms the resolution and seeks to uphold it by developing, proposing, and advocating for a policy plan that satisfies the resolution. By affirming the resolution, the Affirmative (often abbreviated "AFF" or "Aff") incurs the burden of proof, which must be met if the Affirmative's policy plan is to be successful. The ''Negative'' side, in contrast, is the team that negates the affirmation. More specifically, the Negative (abbreviated "NEG" or "Neg") refutes the policy plan that is presented by the Affirmative. The Affirmative team has the advantage of speaking both first and last, but it lacks the benefit of back-to-back speeches afforded to the Negative team in the 13-minute block of time known as the "Negative block". Agent counterplan In policy de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Professional Association
A professional association (also called a professional body, professional organization, or professional society) is a group that usually seeks to advocacy, further a particular profession, the interests of individuals and organisations engaged in that profession, and the public interest. In the United States, such an association is typically a nonprofit business league for tax purposes. In the UK, they may take a variety of legal forms. Roles The roles of professional associations have been variously defined: "A group of people in a learned occupation who are entrusted with maintaining control or oversight of the legitimate practice of the occupation;" also a body acting "to safeguard the public interest;" organizations which "represent the interest of the professional practitioners," and so "act to maintain their own privileged and powerful position as a controlling body." Professional associations are ill defined although often have commonality in purpose and activities. In the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Union
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and Employee benefits, benefits, improving Work (human activity), working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting and increasing the bargaining power of workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The union representatives in the workforce are usually made up of workplace volunteers who are often appointed by members through internal democratic elections. The trade union, through an elected leadership and bargaining committee, bargains with the employer on behalf of its members, known as t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hospital
A hospital is a healthcare institution providing patient treatment with specialized Medical Science, health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emergency department to treat urgent health problems ranging from fire and accident victims to a sudden illness. A district hospital typically is the major health care facility in its region, with many beds for intensive care and additional beds for patients who need long-term care. Specialized hospitals include trauma centers, rehabilitation hospitals, children's hospitals, geriatric hospitals, and hospitals for specific medical needs, such as psychiatric hospitals for psychiatry, psychiatric treatment and other disease-specific categories. Specialized hospitals can help reduce health care costs compared to general hospitals. Hospitals are classified as general, specialty, or government depending on the sources of income received. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect against the risk of a contingent or uncertain loss. An entity which provides insurance is known as an insurer, insurance company, insurance carrier, or underwriter. A person or entity who buys insurance is known as a policyholder, while a person or entity covered under the policy is called an insured. The insurance transaction involves the policyholder assuming a guaranteed, known, and relatively small loss in the form of a payment to the insurer (a premium) in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms. Furthermore, it usually involves something in which the insured has an insurable interest established by o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Actor
State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a state where the majority identify with a single nation (with shared culture or ethnic group) ** Constituent state, a political subdivision of a state ** Federated state, constituent states part of a federation *** U.S. state * State of nature, a concept within philosophy that describes the way humans acted before forming societies or civilizations State may also refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future gover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Compensation Insurance Fund
The State Compensation Insurance Fund (State Fund) is a workers' compensation insurer that was created as a " public enterprise fund" by the U.S. state of California, and today has partial autonomy from the rest of the state government. It is required by state law to maintain its headquarters in San Francisco, but has regional offices all over the state. State Fund was created by the Boynton Act of 1913, and it started operations in 1914. Around that same time, the voters amended the California Constitution by initiative to strengthen the constitutionality of the state workers' compensation system. This was necessary because American employers during the early 20th century often challenged mandatory workers' compensation statutes as an unconstitutional invasion of freedom of contract, an argument which had strong persuasive force during the Lochner era. Since 1976, State Fund's constitutional basis has been found in Article 14, Section 4 of the state constitution: In May 20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion Picture
A film, also known as a movie or motion picture, is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, emotions, or atmosphere through the use of moving images that are generally, since the 1930s, synchronized with sound and (less commonly) other sensory stimulations. Etymology and alternative terms The name "film" originally referred to the thin layer of photochemical emulsion on the celluloid strip that used to be the actual medium for recording and displaying motion pictures. Many other terms exist for an individual motion-picture, including "picture", "picture show", "moving picture", "photoplay", and "flick". The most common term in the United States is "movie", while in Europe, "film" is preferred. Archaic terms include "animated pictures" and "animated photography". "Flick" is, in general a slang term, first recorded in 1926. It originates in the verb flicker, owing to the flickering appearance of early films. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Academy Award
The Academy Awards, commonly known as the Oscars, are awards for artistic and technical merit in film. They are presented annually by the Academy of Motion Picture Arts and Sciences (AMPAS) in the United States in recognition of excellence in cinematic achievements as assessed by the Academy's voting membership. The Oscars are widely considered to be the most prestigious awards in the film industry. The major award categories, known as the Academy Awards of Merit, are presented during a live-televised Hollywood ceremony in February or March. It is the oldest worldwide entertainment awards ceremony. The 1st Academy Awards were held in 1929. The second ceremony, in 1930, was the first one broadcast by radio. The 1953 ceremony was the first one televised. It is the oldest of the four major annual American entertainment awards. Its counterparts—the Emmy Awards for television, the Tony Awards for theater, and the Grammy Awards for music—are modeled after the Academy Aw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
