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Contribution (law)
A contribution claim is a claim brought by one or more defendants to a lawsuit for money damages brought by a plaintiff. A contribution claim asserts the party (usually a defendant) is entitled to "contribution" from a third party for any money damages awarded to the plaintiff. For example, if a plaintiff sues a homeowner for damages caused by a garage door, the defendant homeowner could add a third party, the manufacturer of the garage door to contribute to any damages awarded to the plaintiff according to the proportionate share of responsibility, liability, or fault assigned to the homeowner and the manufacturer by the jury. In most cases, contribution claims are brought like the original lawsuit itself. The claim must be personally served on the new, third party defendant, by the third party plaintiff (the defendant bringing the claim for contribution relief). In contrast, a counter-claim asserts that the party (usually a defendant) is entitled to offset the damages aw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-claim
A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim according to ''Black's Law Dictionary''. A cross claim is filed against someone who is a co-defendant or co-plaintiff to the party who originates the crossclaim. In common law, a crossclaim is a demand made in a pleading that is filed against a party which is on the "same side" of the lawsuit. U.S. federal courts In the Federal Rules of Civil Procedure this is codified iRule 13(g) In the federal rules, a crossclaim is proper if it relates to a matter of the original jurisdiction. Proper jurisdiction is determined by a finding of whether the suit that is being initiated arises from the same transaction or occurrence that is the subject matter of the suit. Crossclaims, like joinder In law, a joinder is the joining of two or more legal issues together. Procedurally, a joinder allows multiple issues to be heard in one hearing or t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint And Several Liability
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * jointly liable, or * severally liable, or * jointly and severally liable. Joint liability If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears, or is declared bankrupt, the other individual remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Index Number
In Statistics, Economics and Finance, an index is a statistical measure of change in a representative group of individual data points. These data may be derived from any number of sources, including company performance, prices, productivity, and employment. Economic indices track economic health from different perspectives. Influential global financial indices such as the Global Dow, and the NASDAQ Composite track the performance of selected large and powerful companies in order to evaluate and predict economic trends. The Dow Jones Industrial Average and the S&P 500 primarily track U.S. markets, though some legacy international companies are included. The consumer price index tracks the variation in prices for different consumer goods and services over time in a constant geographical location and is integral to calculations used to adjust salaries, bond interest rates, and tax thresholds for inflation. The GDP Deflator Index, or real GDP, measures the level of prices of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Docket (court)
A docket in the United States is the official summary of proceedings in a court of law. In the United Kingdom in modern times it is an official document relating to delivery of something, with similar meanings to these two elsewhere. In the late nineteenth century the term referred to a large folio book in which clerks recorded all filings and court proceedings for each case, although use has been documented since 1485. Historical usage The term originated in England; it was recorded in the form "doggette" in 1485, and later also as doket, dogget(t), docquett, docquet, and docket. The derivation and original sense are obscure, although it has been suggested that it derives from the verb "to dock", in the sense of cutting short (e.g. the tail of a dog or horse);Oxford English Dictionary 2nd ed. Definition of "... brief, summarized statement ... abstract, abridgement, digest, minute" described as obsolete and historical. "A memorandum or register of legal judgements". "A list of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Costs
Court costs (also called law costs in English procedure) are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. In the United States, "court costs" (such as filing fees, copying and postage) are differentiated from attorney's fees, which are the hourly rates paid to attorneys for their work in a case. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case. Cases are known in which one party won the case, but lost more than the monetary worth in court costs. Court costs may be awarded to one or both parties in a lawsuit, or they may be waived. In the United Kingdom, Australia and Canada, the losing side is usually ordered to pay the winning side's costs. This acts as a significant disincentive to bringing forward court cases. Usually, the winning party is not able to recover from the losing party the full amount of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Systems
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Of Process
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called " process") to the person to be served. Service Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process may be effected through the mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counter-claim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant’s claims are “counterclaims.” Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Relief
Relief is a sculptural method in which the sculpted pieces are bonded to a solid background of the same material. The term '' relief'' is from the Latin verb ''relevo'', to raise. To create a sculpture in relief is to give the impression that the sculpted material has been raised above the background plane. When a relief is carved into a flat surface of stone (relief sculpture) or wood (relief carving), the field is actually lowered, leaving the unsculpted areas seeming higher. The approach requires a lot of chiselling away of the background, which takes a long time. On the other hand, a relief saves forming the rear of a subject, and is less fragile and more securely fixed than a sculpture in the round, especially one of a standing figure where the ankles are a potential weak point, particularly in stone. In other materials such as metal, clay, plaster stucco, ceramics or papier-mâché the form can be simply added to or raised up from the background. Monumental bronze relief ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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