Disputes
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Disputes
Controversy is a state of prolonged public dispute or debate, usually concerning a matter of conflicting opinion or point of view. The word was coined from the Latin ''controversia'', as a composite of ''controversus'' – "turned in an opposite direction". Legal In the theory of law, a controversy differs from a legal case; while legal cases include all suits, criminal as well as civil, a controversy is a purely civil proceeding. For example, the Case or Controversy Clause of Article Three of the United States Constitution ( Section 2, Clause 1) states that "the judicial Power shall extend ... to Controversies to which the United States shall be a Party". This clause has been deemed to impose a requirement that United States federal courts are not permitted to cases that do not pose an actual controversy—that is, an actual dispute between adverse parties which is capable of being resolved by the ourt In addition to setting out the scope of the jurisdiction of the ...
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Judicial Power, Jurisdiction, And Trial By Jury
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 th ...
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Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ...
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Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different fro ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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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 ...
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Opinion
An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements. Definition A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with facts which are sought to be disputed by the logical fallacy that one is entitled to their opinions. Distinguishing fact from opinion is that facts are verifiable, i.e. can be agreed to by the consensus of experts. An example is: "United States of America was involved in the Vietnam War," versus "United States of America was right to get involved in the Vietnam War". An opinion may be supported by facts and principles, in which case it becomes an argument. Different people may draw opposing conclusions (opinions) even if they agree on the same set of facts. Opinions rarely change without new arguments being presented. It can be reasoned that one opinion is better supported by the facts than another, by analyzing the supporting arguments. ...
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Anchoring
An anchor is a device, normally made of metal , used to secure a vessel to the bed of a body of water to prevent the craft from drifting due to wind or current. The word derives from Latin ''ancora'', which itself comes from the Greek ἄγκυρα (ankȳra). Anchors can either be temporary or permanent. Permanent anchors are used in the creation of a mooring, and are rarely moved; a specialist service is normally needed to move or maintain them. Vessels carry one or more temporary anchors, which may be of different designs and weights. A sea anchor is a drag device, not in contact with the seabed, used to minimise drift of a vessel relative to the water. A drogue is a drag device used to slow or help steer a vessel running before a storm in a following or overtaking sea, or when crossing a bar in a breaking sea.. Overview Anchors achieve holding power either by "hooking" into the seabed, or mass, or a combination of the two. Permanent moorings use large masses (common ...
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HPV Vaccine
Human papillomavirus (HPV) vaccines are vaccines that prevent infection by certain types of human papillomavirus (HPV). Available HPV vaccines protect against either two, four, or nine types of HPV. All HPV vaccines protect against at least HPV types 16 and 18, which cause the greatest risk of cervical cancer. It is estimated that HPV vaccines may prevent 70% of cervical cancer, 80% of anal cancer, 60% of vaginal cancer, 40% of vulvar cancer, and show more than 90% efficacy in preventing HPV-positive oropharyngeal cancers. They additionally prevent some genital warts, with the quadrivalent and nonavalent vaccines that protect against HPV types HPV-6 and HPV-11 providing greater protection. The World Health Organization (WHO) recommends HPV vaccines as part of routine vaccinations in all countries, along with other prevention measures. The vaccines require two or three doses depending on a person's age and immune status. Vaccinating girls around the ages of nine to thirteen i ...
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Gun Politics In The United States
Gun politics within American politics is defined by two primary opposing ideologies about civilian gun ownership. Those who advocate for gun control support increased regulation of gun ownership; those who advocate for gun rights oppose increased restriction of gun ownership. These groups often disagree on the interpretation of laws and court cases related to firearms and of the effectiveness of firearms regulation on crime and public safety. It is estimated that U.S. civilians own 393 million firearms, and that 40% to 42% of the households in the country have at least one gun. The U.S. has by far the highest estimated number of guns per capita in the world, at 120.5 guns for every 100 people.
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Wisdom Of The Crowd
The wisdom of the crowd is the collective opinion of a diverse independent group of individuals rather than that of a single expert. This process, while not new to the Information Age, has been pushed into the mainstream spotlight by social information sites such as Quora, Reddit, Stack Exchange, Wikipedia, Yahoo! Answers, and other web resources which rely on collective human knowledge. An explanation for this phenomenon is that there is idiosyncratic noise associated with each individual judgment, and taking the average over a large number of responses will go some way toward canceling the effect of this noise. Trial by jury can be understood as at least partly relying on wisdom of the crowd, compared to bench trial which relies on one or a few experts. In politics, sometimes sortition is held as an example of what wisdom of the crowd would look like. Decision-making would happen by a diverse group instead of by a fairly homogenous political group or party. Research within cog ...
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Bayes Estimator
In estimation theory and decision theory, a Bayes estimator or a Bayes action is an estimator or decision rule that minimizes the posterior expected value of a loss function (i.e., the posterior expected loss). Equivalently, it maximizes the posterior expectation of a utility function. An alternative way of formulating an estimator within Bayesian statistics is maximum a posteriori estimation. Definition Suppose an unknown parameter \theta is known to have a prior distribution \pi. Let \widehat = \widehat(x) be an estimator of \theta (based on some measurements ''x''), and let L(\theta,\widehat) be a loss function, such as squared error. The Bayes risk of \widehat is defined as E_\pi(L(\theta, \widehat)), where the expectation is taken over the probability distribution of \theta: this defines the risk function as a function of \widehat. An estimator \widehat is said to be a ''Bayes estimator'' if it minimizes the Bayes risk among all estimators. Equivalently, the estimator wh ...
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Anchoring
An anchor is a device, normally made of metal , used to secure a vessel to the bed of a body of water to prevent the craft from drifting due to wind or current. The word derives from Latin ''ancora'', which itself comes from the Greek ἄγκυρα (ankȳra). Anchors can either be temporary or permanent. Permanent anchors are used in the creation of a mooring, and are rarely moved; a specialist service is normally needed to move or maintain them. Vessels carry one or more temporary anchors, which may be of different designs and weights. A sea anchor is a drag device, not in contact with the seabed, used to minimise drift of a vessel relative to the water. A drogue is a drag device used to slow or help steer a vessel running before a storm in a following or overtaking sea, or when crossing a bar in a breaking sea.. Overview Anchors achieve holding power either by "hooking" into the seabed, or mass, or a combination of the two. Permanent moorings use large masses (common ...
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