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Franchise Tax Board Of California V. Hyatt (2019)
''Franchise Tax Board of California v. Hyatt'' (short: ''Franchise Tax Bd. of Cal. v. Hyatt'' or ''Hyatt III''), 587 U.S. ___ (2019), was a United States Supreme Court case that determined that unless they consent, states have sovereign immunity from private suits filed against them in the courts of another state. The 5–4 decision overturned precedent set in a 1979 Supreme Court case, '' Nevada v. Hall.'' This was the third time that the litigants had presented their case to the Court, as the Court had already ruled on the issue in 2003 and 2016. The ruling ended a long tax dispute between Gilbert Hyatt and California regarding alleged tax fraud by Hyatt. Hyatt had been challenging the tax fraud penalties that the California Franchise Tax Board (FTB) had ordered him to pay since 1993, both in court and through administrative proceedings. Because of the Supreme Court ruling, Hyatt was required to pay for all legal costs he incurred, without receiving a judgement against the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign Immunity In The United States
In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim , meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law. Sovereign immunity falls into two categories: *Absolute immunity: When absolute immunity applies, a government actor may not be sued for the allegedly wrongful act, even if that person acted maliciously or in bad faith; and * Qualified imm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Carolina
)'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = Greenville (combined and metro) Columbia (urban) , BorderingStates = Georgia, North Carolina , OfficialLang = English , population_demonym = South Carolinian , Governor = , Lieutenant Governor = , Legislature = General Assembly , Upperhouse = Senate , Lowerhouse = House of Representatives , Judiciary = South Carolina Supreme Court , Senators = , Representative = 6 Republicans1 Democrat , postal_code = SC , TradAbbreviation = S.C. , area_rank = 40th , area_total_sq_mi = 32,020 , area_total_km2 = 82,932 , area_land_sq_mi = 30,109 , area_land_km2 = 77,982 , area_water_sq_mi = 1,911 , area_water_km2 = 4,949 , area_water_percent = 6 , population_rank = 23rd , population_as_of = 2022 , 2010Pop = 5282634 , populati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assumpsit
Assumpsit ("he has undertaken", from Latin, ''assumere''), or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment. The origins of the action can be traced to the 14th century, when litigants seeking justice in the royal courts turned from the writs of covenant and debt to the trespass on the case. History Fragmentation of actions for breach of agreement In the early days of the English common law, agreements were enforced in local courts. Where one wished to enforce an agreement in the royal courts, it was necessary to fit one's claim within a form of action. In the 13th and 14th centuries the forms of action for the enforcement of agreements were covenant, debt, detinue, and account. These were all writs in the ''praecipe'' form, meaning that they commanded the defendant to perform an act: for example, to keep a promise; to yie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georgia (U
Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the country in the Caucasus ** Kingdom of Georgia, a medieval kingdom ** Georgia within the Russian Empire ** Democratic Republic of Georgia, established following the Russian Revolution ** Georgian Soviet Socialist Republic, a constituent of the Soviet Union * Related to the US state ** Province of Georgia, one of the thirteen American colonies established by Great Britain in what became the United States ** Georgia in the American Civil War, the State of Georgia within the Confederate States of America. Other places * 359 Georgia, an asteroid * New Georgia, Solomon Islands * South Georgia and the South Sandwich Islands Canada * Georgia Street, in Vancouver, British Columbia, Canada * Strait of Georgia, British Columbia, Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chisholm V
Chisholm, Chisholme or Chisolm may refer to: Places Australia * Chisholm, Australian Capital Territory, Canberra * Chisholm, New South Wales, a suburb of Maitland, New South Wales * Division of Chisholm, an electoral district in the Australian House of Representatives in Victoria Canada * Chisholm, Alberta * Chisholm, Ontario United States * Chisholm, Maine * Chisholm, Minnesota * Chisholm, Texas * Chisholm Creek (Kansas), a stream in Kansas * Chisholm Spring, Oklahoma * Chisholm Trail, Texas Saudi Arabia * (27°56'45.5"N 34°30'10.2"E), a cape of Tiran Island Schools * Caroline Chisholm School – Senior Campus, formerly Caroline Chisholm High School, in Australia * Chisholm Institute, a Technical and Further Education (TAFE) Institute located throughout Victoria, Australia People * Chisholm (surname), includes Chisholme, Chisolm and Chisum * Clan Chisholm Clan Chisholm (pronounced / ˈtʃɪzəm/ ) ( gd, Siosal, IPA: �ʃis̪əɫ̪ is a Highland Scottish c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article Three Of The United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Default (finance)
In finance, default is failure to meet the legal obligations (or conditions) of a loan, for example when a home buyer fails to make a mortgage payment, or when a corporation or government fails to pay a bond which has reached maturity. A national or sovereign default is the failure or refusal of a government to repay its national debt. The biggest private default in history is Lehman Brothers, with over $600 billion when it filed for bankruptcy in 2008. The biggest sovereign default is Greece, with $138 billion in March 2012. Distinction from insolvency, illiquidity and bankruptcy The term "default" should be distinguished from the terms "insolvency", illiquidity and "bankruptcy": * Default: Debtors have been passed behind the payment deadline on a debt whose payment was due. * Illiquidity: Debtors have insufficient cash (or other "liquefiable" assets) to pay debts. * Insolvency: A legal term meaning debtors are unable to pay their debts. * Bankruptcy: A legal finding that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Articles Of Confederation
The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by the Second Continental Congress on November 15, 1777, and sent to the states for ratification. The Articles of Confederation came into force on March 1, 1781, after ratification by all the states. A guiding principle of the Articles was to establish and preserve the independence and sovereignty of the states. The weak central government established by the Articles received only those powers which the former colonies had recognized as belonging to king and parliament. The document provided clearly written rules for how the states' "league of friendship" ( Perpetual Union) would be organized. During the ratification process, the Congress looked to the Articles for guidance as it conducted business, directing the war effort, conducting dipl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Revolutionary War
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of the United States, fighting began on April 19, 1775, followed by the Lee Resolution on July 2, 1776, and the Declaration of Independence on July 4, 1776. The American Patriots were supported by the Kingdom of France and, to a lesser extent, the Dutch Republic and the Spanish Empire, in a conflict taking place in North America, the Caribbean, and the Atlantic Ocean. Established by royal charter in the 17th and 18th centuries, the American colonies were largely autonomous in domestic affairs and commercially prosperous, trading with Britain and its Caribbean colonies, as well as other European powers via their Caribbean entrepôts. After British victory over the French in the Seven Years' War in 1763, tensions between the motherlan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Capture
The rule of capture or law of capture, part of English common law and has been adopted by a number of U.S. states, establishes a rule of non-liability for captured natural resources including groundwater, oil, gas, and game animals. The general rule is that the first person to "capture" such a resource owns that resource. For example, landowners who extract or “capture” groundwater, oil, or gas from a well that bottoms within the subsurface of their land acquire absolute ownership of the substance even if it is drained from the subsurface of another’s land. The landowner who captures the substance owes no duty of care to other landowners. For example, a water well owner may dry up wells owned by adjacent landowners without fear of liability unless the groundwater was withdrawn for malicious purposes, the groundwater was not put to a beneficial use without waste, or (in Texas) "such conduct is a proximate cause of the subsidence of the land of others." A corollary of that r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Waters
The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands. "International waters" is not a defined term in international law. It is an informal term, which sometimes refers to waters beyond the "territorial sea" of any country. In other words, "international waters" is sometimes used as an informal synonym for the more formal term high seas or, in Latin, ''mare liberum'' (meaning ''free sea''). International waters (high seas) do not belong to any state's jurisdiction, known under the doctrine of 'mare liberum'. States have the right to fishing, navigation, overflight, laying cables and pipelines, as well as scientific research. The Convention on the High Seas, signed in 1958, which has 63 signatories, defined " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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