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Civil Investigative Demand
A civil investigative demand (CID) is a discovery tool used by a number of executive agencies in the United States to obtain information relevant to an investigation. By contrast with other discovery mechanisms, CIDs are typically issued before a complaint has been filed by the government in order to commence a lawsuit against the recipient of the CID. CIDs are considered a type of administrative subpoena. Background In civil litigation, the discovery process is intended to help clarify and narrow the issues in a case in advance of trial. Parties request documents from one another in order to gather evidence, determine if a case is viable, examine what issues should be explored further, and consider what arguments they might make in court. CIDs are unusual, as compared to civil procedure under ordinary discovery rules, for two reasons. First, they are issued before the relevant government agency has filed a complaint against the target of the demand. Ordinarily, a lawsuit ...
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Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defen ...
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Consumer Protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product (or its production) even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. ...
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Washington, DC
) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, National Cathedral , image_flag = Flag of the District of Columbia.svg , image_seal = Seal of the District of Columbia.svg , nickname = D.C., The District , image_map = , map_caption = Interactive map of Washington, D.C. , coordinates = , subdivision_type = Country , subdivision_name = , established_title = Residence Act , established_date = 1790 , named_for = George Washington, Christopher Columbus , established_title1 = Organized , established_date1 = 1801 , established_title2 = Consolidated , established_date2 = 1871 , established_title3 = Home Rule Ac ...
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Racketeer Influenced And Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 () and is codified at as . G. Robert Blakey, an adviser to the United States Senate Government Operations Committee, drafted the law under the close supervision of the committee's chairman, Senator John Little McClellan. It was enacted as Title IX of the Organized Crime Control Act of 1970, and signed into law by US President Richard M. Nixon. While its original use in the 1970s was to prosecute the Mafia as well as others who were actively engaged in organized crime, its later application has been more widespread. Beginning in 1972, thirty-three states adopted state RICO laws to be able to prosecute similar conduct. Summary Under RICO, a person who has committed "a ...
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Cardozo Law Review
The Benjamin N. Cardozo School of Law is the law school of Yeshiva University. Located in New York City and founded in 1976, the school is named for Supreme Court Justice Benjamin N. Cardozo. Cardozo graduated its first class in 1979. An LL.M. program was established in 1998. Cardozo is nondenominational and has a secular curriculum, in contrast to some of YU's undergraduate programs. Around 320 students begin the J.D. program per year, of whom about 57% are women. In addition, there are about 60-70 LL.M. students each year. Cardozo is ranked 52nd in the nation by '' U.S. News & World Report'' 2023. Academics Centers Cardozo is home to academic centers including the FAME Center for fashion, arts, media & entertainment; the Innocence Project; the Florsheimer Center for Constitutional Democracy; the Data Law Initiative; the Blockchain Project; Cardozo/Google Patent Diversity Project; the Cardozo Law Institute in Holocaust and Human Rights; and the Heyman Center on Corporate ...
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Baker Donelson
Baker, Donelson, Bearman, Caldwell & Berkowitz P.C. is a large U.S. law firm and lobbying group with offices in the Southeastern United States and Washington, D.C. '' Fortune'' has selected Baker Donelson as one of the 100 Best Companies to Work For nine times, citing the firm's commitment to diversity, public service and pro bono work. History Baker, Donelson, Bearman, Caldwell & Berkowitz traces its roots back to the firm of Baker, Worthington, Crossley & Stansberry, founded in 1888 in Huntsville, Tennessee by James F. Baker. James Baker's son, Howard Baker Sr., who served as a United States Representative from Tennessee, and his grandson, Howard Baker Jr., who served as majority leader of the United States Senate and White House Chief of Staff, were also lawyers at the firm. Howard Baker Jr. was the last lawyer at the original Huntsville office, which closed after his death in 2014. The current firm, headquartered in Memphis, is the result of a series of mergers of many ...
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Relator (law)
Relator , female relatrix , (Latin for "narrator") is the legal term meaning a private person at whose relation or on whose behalf an application for a quo warranto or mandamus is filed.A Dictionary of Modern Legal Usage. Copyright (c) 1990 Bryan A. Garner, Oxford University Press, Inc. The relator appears as one beneficially interested, but the action is maintained on his behalf. The relator furnishes the knowledge or facts on which an information or a proceeding in quo warranto is based. Such a proceeding is usually in the name of the state, ex rel. (''ex relatione'' = " risingout of the narration") of the relator, and so is called an "ex rel. action". Qui tam A qui tam action may be brought by any party (as a relator) against an entity that is fraudulently collecting money from the United States government by filing false claims. The party bringing the suit – the relator – must have possession of information substantiating the claim of fraud against the government. The gove ...
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Qui Tam
In common law, a writ of ''qui tam'' is 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 prosecution. Its name is an abbreviation of the Latin phrase ''qui tam pro domino rege quam pro se ipso in hac parte sequitur'', meaning " ewho sues in this matter for the king as well as for himself." The writ fell into disuse in England and Wales following the Common Informers Act 1951 but remains current in the United States under the False Claims Act, ''et seq.'', which allows a private individual, or "whistleblower" (or relator), with knowledge of past or present fraud committed against the federal government to bring suit on its behalf. There are also ''qui tam'' provisions in regarding arming vessels against friendly nations; regarding violating Indian protection laws; regarding the removal of undersea treasure from the Florida coast to foreign ...
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Subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: # ''subpoena ad testificandum'' orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. # ''subpoena duces tecum'' orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court. Etymology The term ''subpoena'' is from the Middle English ''suppena'' and the Latin phrase ''sub poena'' meaning "under penalty". It is also spelled "subpena".See, e.g., ; ; ; and . The subpoena has its source in English common law and it is now used almost with universal application throughout the English co ...
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United States Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021. History Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all sui ...
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False Claims Act
The False Claims Act (FCA), also called the "Lincoln Law", is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal government's primary litigation tool in combating fraud against the government. The law includes a ''qui tam'' provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government. This is informally called "whistleblowing", especially when the relator is employed by the organization accused in the suit. Persons filing actions under the Act stand to receive a portion (15–30%, depending on certain factors) of any recovered damages. As of 2019, over 71% of all FCA actions were initiated by whistleblowers. Claims under the law have typically involved health care, military, or other government spending programs, and dominate the list of largest pharmaceutical settlements. Between 1987 a ...
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Caplin & Drysdale
Caplin may refer to: Animals * Capelin, a small forage fish also known as a caplin People * Alfred Gerald Caplin, better known as Al Capp (1909–1979), American cartoonist and humorist * Andrew Caplin (born 1956), British-American economist * Arnold S. Caplin (born 1929), American record producer * Carole Caplin (born 1962), British health and wellness advisor and writer * Elliot Caplin (1913–2000), American comic strip writer * Ivor Caplin (born 1958), British politician * Jean Caplin (1930–2014), British swimmer * Lara Molins Caplin (born 1980), Irish cricketer * Lee Caplin (born 1946), American entertainment executive * Mortimer Caplin (1916–2019), American lawyer and educator * Nathan Caplin (1891–1923), American gangster * Nicholas Caplin (born 1958), former British Army officer * Paul Caplin (born 1959), British entrepreneur and businessman * Robert Caplin (born 1983), American photographer and cinematographer * Roxey Ann Caplin (1793–1888), British write ...
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