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Personal Representative
In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal representative is either an executor if the deceased person left a will or an administrator of an intestate estate. In other situations, the personal representative may be a guardian or trustee, or other position. As a fiduciary, a personal representative has the duties of loyalty, candor or honesty, and good faith. In the United States, ''punctilio of honor'', or the highest standard of honor, is the level of scrupulousness that a fiduciary must abide by.'' Meinhard v. Salmon'', 164 N.E. 545 (N.Y. 1928). In either case of a deceased estate, a probate court of competent jurisdiction issues a finding of fact, including that a will has or has not been filed, and that an executor or administrator has been appointed. These are often referred to as ... [...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] |
Executor
An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, is sometimes used. Executor of will An executor is a legal term referring to a person named by the maker of a will or nominated by the testator to carry out the instructions of the will. Typically, the executor is the person responsible for offering the will for probate, although it is not required that they fulfill this. The executor's duties also include handing over property to the beneficiaries as designated in the will, obtaining information of potential heirs, collecting and arranging for payment of debts of the estate and approving or disapproving creditors' claims. An executor makes sure estate taxes are calculated, necessary forms are filed, and the corresponding payments are made. They also assist the attorney with the estate. Additionally, the executor acts as a legal conveyor who designates where the donations will be sent using ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guardian Ad Litem
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward's housing or medical care or manage the ward's finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Combatant Status Review Tribunal
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as " enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in '' Hamdi v. Rumsfeld'' and '' Rasul v. Bush'' and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants. These non-public hearings were conducted as "a formal review of all the information related to a detainee to determine whether each person meets the criteria to be designated as an enemy combatant." The first CSRT hearings began in July 2004. Redacted transcripts of hearings for "high value detainees" were posted to the Department of Defense (DoD) website. As of October 30, 2007, fourteen CSRT transcripts were available on the DoD website. The Supreme Court of the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Department Of Defense
The United States Department of Defense (DoD, USDOD, or DOD) is an United States federal executive departments, executive department of the federal government of the United States, U.S. federal government charged with coordinating and supervising the six U.S. armed services: the United States Army, Army, United States Navy, Navy, United States Marine Corps, Marines, United States Air Force, Air Force, United States Space Force, Space Force, the United States Coast Guard, Coast Guard for some purposes, and related functions and agencies. As of November 2022, the department has over 1.4 million active-duty uniformed personnel in the six armed services. It also supervises over 778,000 National Guard (United States), National Guard and reservist personnel, and over 747,000 civilians, bringing the total to over 2.91 million employees. Headquartered at the Pentagon in Arlington County, Virginia, just outside Washington, D.C., the Department of Defense's stated mission is "to provid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cuba
Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the northern Caribbean Sea, Gulf of Mexico, and Atlantic Ocean meet. Cuba is located east of the Yucatán Peninsula (Mexico), south of both Florida and the Bahamas, west of Hispaniola (Haiti/Dominican Republic), and north of Jamaica and the Cayman Islands. Havana is the largest city and capital. Cuba is the List of countries and dependencies by population, third-most populous country in the Caribbean after Haiti and the Dominican Republic, with about 10 million inhabitants. It is the largest country in the Caribbean by area. The territory that is now Cuba was inhabited as early as the 4th millennium BC, with the Guanahatabey and Taino, Taíno peoples inhabiting the area at the time of Spanish colonization of the Americas, Spanish colonization ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guantanamo Bay Detention Camp
The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by president Presidency of George W. Bush, George W. Bush to hold terrorism suspects and "illegal enemy combatants" during the "war on terror" following the September 11 attacks. , at least 780 people from 48 countries have been detained at the camp since its creation, of whom 756 had been released or transferred to other detention facilities, 9 Death in custody, died in custody, and 15 remain. Following the September 11 attacks, the U.S. United States invasion of Afghanistan, led a multinational military operation against Islamic Emirate of Afghanistan (1996–2001), Taliban-ruled Afghanistan to dismantle Al-Qaeda and capture its leader, Osama bin Laden. During the invasion, in November 2001, Bush Detention, Treatment, and Trial of Certain No ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extrajudicial Detention
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime. In a number of jurisdictions, unlike criminal incarceration (imprisonment) imposed upon conviction following a trial, administrative detention is a forward-looking mechanism. While criminal proceedings have a retrospective focus – they seek to determine whether a defendant committed an offense in the past – the reasoning behind administrative detention often is based upon contentions that the suspect is likely to pose a threat in the future. It is meant to be preventive in nature rather than punitive (see preventive detention). The practice has been criticized by human rights organizations as a breach of civil and political rights. In other juris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Representative (CSRT)
The Personal Representative is an officer who serves before the Combatant Status Review Tribunals, convened for the captives the United States holds in extrajudicial detention in the Guantanamo Bay detention camps, in Cuba. History of the Tribunals Initially United States President George W. Bush asserted that captives taken during the " Global War on Terror": * Did not qualify for Prisoner of War status, as defined by the Geneva Conventions. * Were not entitled to the protection of having a " competent tribunal" convened, where their combatant status would be openly reviewed. This assertion was criticized by many legal scholars, and lawyers who volunteered to represent Guantanamo captives mounted legal challenges in the US Court system. The first legal challenge to be heard before the United States Supreme Court was Rasul v. Bush. The Supreme Court addressed some aspects of the case. In particular, it ruled that the Guantanamo captives were entitled to an opportunity to hea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Office For The Administrative Review Of The Detention Of Enemy Combatants
The Office for the Administrative Review of the Detention of Enemy Combatants, established in 2004 by the Bush administration's Deputy Secretary of Defense Paul Wolfowitz, is a United States military body responsible for organising Combatant Status Review Tribunals (CSRT) for captives held in extrajudicial detention at the Guantanamo Bay detention camps in Cuba and annual Administrative Review Boards to review the threat level posed by deemed enemy combatants in order to make recommendations as to whether the U.S. needs to continue to hold them captive. Most of the Guantanamo captives have had two Administrative Review Board hearings convened to review their continued detention. On June 22, 2007, an appeal on behalf of Guantanamo captive Fawzi al-Odah contained an affidavit from Stephen Abraham, a lawyer and United States Army reserve officer, which was highly critical of OARDEC's procedures. According to the ''Washington Post'' Abraham felt compelled to come forward after ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
