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Civil Procedure In The United States
Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system. History Early federal and state civil procedure in the United States was rather ''ad hoc'' and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law. Even worse, discovery was generally unavailable in actions at law. In order to obtain discovery, a party to a legal action had to bring ...
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Lawsuit
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 judgmen ...
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Pig Iron
Pig iron, also known as crude iron, is an intermediate good used by the iron industry in the production of steel. It is developed by smelting iron ore in a blast furnace. Pig iron has a high carbon content, typically 3.8–4.7%, along with silica and other dross, which makes it brittle and not useful directly as a material except for limited applications. Etymology The traditional shape of the molds used for pig iron ingots is a branching structure formed in sand, with many individual ingots at right angles to a central channel or "runner", resembling a litter of piglets being nursed by a sow. When the metal had cooled and hardened, the smaller ingots (the "pigs") were simply broken from the runner (the "sow"), hence the name "pig iron". As pig iron is intended for remelting, the uneven size of the ingots and the inclusion of small amounts of sand are insignificant issues when compared to the ease of casting and handling. History The Chinese were already making pig ir ...
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William D
William is a masculine given name of Germanic origin. It became popular in England after the Norman conquest in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will or Wil, Wills, Willy, Willie, Bill, Billie, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie). Female forms include Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the German given name ''Wilhelm''. Both ultimately descend from Proto-Germanic ''*Wiljahelmaz'', with a direct cognate also in the Old Norse name ''Vilhjalmr'' and a West Germanic borrowing into Medieval Latin ''Willelmus''. The Proto-Germanic name is a compound of *''wiljô'' "will, wish, desire" and *''helmaz'' "helm, helmet".Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxfor ...
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Yale Law School
Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United States. Its Yield (college admissions), yield rate is often the highest of any law school in the United States. Each class in Yale Law's three-year J.D. program enrolls approximately 200 students. Yale's flagship law review is the ''Yale Law Journal'', one of the most highly cited legal publications in the United States. According to Yale Law School's American Bar Association, ABA-required disclosures, 83% of the Class of 2019 obtained full-time, long-term, JD-required or JD-advantage employment nine months after graduation, excluding solo practitioners. Yale Law alumni include many List of Yale Law School alumni, prominent figures in law and politics, including U.S. presidents Gerald Ford and Bill Clinton, U.S. vice president JD Vance, ...
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Charles Edward Clark
Charles Edward Clark (December 9, 1889 – December 13, 1963) was the 5th Dean of Yale Law School and a United States circuit judge of the United States Court of Appeals for the Second Circuit. Education and career Born on December 9, 1889, in Woodbridge, Connecticut, to Samuel Orman Clark and Pauline C. Marquand, Clark received a Bachelor of Arts degree in 1911 from Yale University. He received a Bachelor of Laws in 1913 from Yale Law School. He entered private practice in New Haven, Connecticut from 1913 to 1919. He was a member of the Connecticut House of Representatives from 1917 to 1918, and was Republican.Members of the Connecticut General Assembly
He was a professor of law at Yale Law School from 1919 to 1929. He was a Deputy Judge of the
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Rules Enabling Act
The Rules Enabling Act (ch. 651, , ) is an Act of Congress that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and other procedural court rules. The creation and revision of rules pursuant to the Rules Enabling Act are usually carried out by the Committee on Rules of Practice and Procedure (known as the "Standing Committee") and its advisory committees, which are part of the Judicial Conference of the United States, the policymaking body of the United States federal courts. The enactment of the Rules Enabling Act on June 19, 1934, was a revolutionary moment in the history of civil procedure in the United States. The law repealed the archaic "conformity principle" which had governed actions at law (and only actions at law) in U.S. federal courts for over 140 years; namely, the rule that federal courts should conform their procedure in such actions t ...
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American Bar Association
The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 24.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. In 2016, about one third of the 1.3 million practicing lawyers in the U.S. were included in the ABA membership of 400,000, with figures largely unchanged in 2024. The organization's national headquarters are in Chicago, Illinois, with a branch office in Washington, D.C.. The association is affiliated with the law, legal, and professional research sponsoring organization the American Bar Foundation. History The ABA wa ...
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United States Court For China
The United States Court for China was a United States district court that had Extraterritoriality, extraterritorial jurisdiction over United States nationality law, U.S. citizens in Taiwan, China. It existed from 1906 to 1943 and had jurisdiction in civil and criminal matters, with appeals taken to the U.S. Court of Appeals for the Ninth Circuit in San Francisco. Consular courts prior to establishment of court Extraterritoriality, Extraterritorial jurisdiction in China was first granted to the United States by the Treaty of Wanghia upon ratification in 1845, followed by the Treaty of Tientsin ratified in 1860. Under the treaties, cases against US citizens were tried in US consular courts, while cases against Chinese nationals were tried in Chinese courts. Consuls had jurisdiction in the following matters: :* criminal cases where the punishment for the offense charged did not exceed a $100 fine or 60 days imprisonment, from which there was no appeal; :* criminal cases where the ...
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Diversity Jurisdiction
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives United States federal courts the power to hear lawsuits that do not involve a federal question. For a federal court to have diversity jurisdiction over a lawsuit, two conditions must be met. First, there must be "diversity of citizenship" between the parties, meaning the plaintiffs must be citizens of different U.S. states than the defendants. Second, the lawsuit's " amount in controversy" must be more than $75,000. If a lawsuit does not meet these two conditions, federal courts will normally lack the jurisdiction to hear it unless it involves a federal question, and the lawsuit would need to be heard in state court instead. The United States Constitution, in Article III, Section 2, grants Congress the power to permit federal courts to hear diversity cases through legislation authorizing such jurisdiction. The provision was included because the Framers of the Constituti ...
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Second Industrial Revolution
The Second Industrial Revolution, also known as the Technological Revolution, was a phase of rapid Discovery (observation), scientific discovery, standardisation, mass production and industrialisation from the late 19th century into the early 20th century. The Industrial Revolution, First Industrial Revolution, which ended in the middle of the 19th century, was punctuated by a slowdown in important inventions before the Second Industrial Revolution in 1870. Though a number of its events can be traced to earlier innovations in manufacturing, such as the establishment of a machine tool industry, the development of methods for manufacturing interchangeable parts, as well as the invention of the Bessemer process and open hearth furnace to produce steel, later developments heralded the Second Industrial Revolution, which is generally dated between 1870 and 1914 when World War I commenced. Advancements in manufacturing and production technology enabled the widespread adoption of te ...
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Interstate Commerce
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction o ...
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Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursu ...
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