Recourse
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Recourse
A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty. * A lawsuit if the issue is a matter of civil law * Contracts that require mediation or arbitration before a dispute can go to court * Referral to police or prosecutor for investigation and possible criminal charges if the matter is a criminal violation * Petition to a legislature or other law-making body for a change in the law if a law is thought to be unjust. * Petition to a president or governor or monarch other chief executive or other official with power to pardon. See also Legal principles * Habeas corpus * Damnum absque injuria, ''loss without injury'' * Arm's length principle * Sovereign immunity. The immunity of state officials or state entities to torts with respect to its subjects. Examples * Arranged marriages may leave the woman without ''legal recourse''. * Bookies and confidence tricksters to block ''legal recourse''. * Victim ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for ...
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Diploma Mill
A diploma mill (also known as a degree mill) is a company or organization that claims to be a higher education institution but provides illegitimate academic degrees and diplomas for a fee. The degrees can be fabricated (made-up), falsified (fake), or misrepresented (practically useless). These degrees may claim to give credit for relevant life experience, but should not be confused with legitimate prior learning assessment programs. They may also claim to evaluate work history or require submission of a thesis or dissertation for evaluation to give an appearance of authenticity. Diploma mills are frequently supported by accreditation mills, set up for the purpose of providing an appearance of authenticity.Luca LanteroDegree Mills: non-accredited and irregular higher education institutions, Information Centre on Academic Mobility and Equivalence (CIMEA), Italy. The term may also be used pejoratively to describe an accredited institution with low academic admission standards and ...
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Political Positions Of Joe Lieberman
Joe Lieberman (born February 24, 1942) is an American politician, having served as a United States Senator from Connecticut from 1989 to 2013. A former member of the Democratic Party, he was the party's nominee for Vice President in the 2000 election. Currently he is an Independent. Party identification In spring 2000, Lieberman among other centrist Democrats founded the Senate New Democrat Coalition. In January 2007, Lieberman described himself as being "genuinely an Independent," saying "I agree more often than not with Democrats on domestic policy. I agree more often than not with Republicans on foreign and defense policy." Domestic policy Abortion Overall Lieberman has a pro-choice voting record, and in 2007 he received a grade of 100 from the abortion rights organization NARAL Pro-Choice America. While running in the Democratic primaries in the 2004 presidential election, Lieberman said that as president he would "follow a policy that makes abortion safe, rare and legal." H ...
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Class Action Fairness Act Of 2005
The U.S. Class Action Fairness Act of 2005, 28 U.S.C. §§ 1332(d), 1453, 1711–15, expanded federal subject-matter jurisdiction over many large class action lawsuits and mass actions in the United States. The bill was the first major piece of legislation of the second term of the Bush Administration. Business groups and tort reform supporters had lobbied for the legislation, arguing that it was needed to prevent class action abuse. President George W. Bush had vowed to support this legislation. The Act permits federal courts to preside over certain class actions in diversity jurisdiction where the aggregate amount in controversy exceeds $5 million; where the class comprises at least 100 plaintiffs; and where there is at least "minimal diversity" between the parties (i.e., at least one plaintiff class member is diverse from at least one defendant). The court, however, may decline jurisdiction under certain circumstances and is required to decline jurisdiction in others. The Act ...
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Arm's Length Principle
The arm's length principle (ALP) is the condition or the fact that the parties of a transaction are independent and on an equal footing. Such a transaction is known as an "arm's-length transaction". It is used specifically in contract law to arrange an agreement that will stand up to legal scrutiny, even though the parties may have shared interests (e.g., employer-employee) or are too closely related to be seen as completely independent (e.g., the parties have familial ties). An arm's length relationship is distinguished from a fiduciary relationship, where the parties are not on an equal footing, but rather, power and information asymmetries exist. It is also one of the key elements in international taxation as it allows an adequate allocation of profit taxation rights among countries that conclude double tax conventions, through transfer pricing, among each other. Transfer pricing and the arm's length principle was one of the focal points of the Base Erosion and Profit Shi ...
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Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the 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 in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private ...
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Bookies
A bookmaker, bookie, or turf accountant is an organization or a person that accepts and pays off bets on sporting and other events at agreed-upon odds. History The first bookmaker, Ogden, stood at Newmarket in 1795. Range of events Bookmakers in many countries focus on accepting bets on professional sports, especially horse racing and association football or Indian Premier League cricket. However, a wider range of bets, including on political elections, awards ceremonies such as the Oscars, and novelty bets are accepted by bookmakers in some countries. Operational procedures By "adjusting the odds" in their favour (paying out amounts using odds that are less than what they determined to be the true odds) or by having a point spread, bookmakers aim to guarantee a profit by achieving a 'balanced book', either by getting an equal number of bets for each possible outcome or (when they are offering odds) by getting the amounts wagered on each outcome to reflect the odds. W ...
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Lynching In The United States
Lynching was the widespread occurrence of extrajudicial killings which began in the United States' pre–Civil War South in the 1830s and ended during the civil rights movement in the 1950s and 1960s. Although the victims of lynchings were members of various ethnicities, after roughly 4 million enslaved African Americans were emancipated, they became the primary targets of white Southerners. Lynchings in the U.S. reached their height from the 1890s to the 1920s, and they primarily victimised ethnic minorities. Most of the lynchings occurred in the American South because the majority of African Americans lived there, but racially motivated lynchings also occurred in the Midwest and border states. Lynchings followed African Americans with the Great Migration () out of the American South, and were often perpetrated to enforce white supremacy and intimidate ethnic minorities along with other acts of racial terrorism. A significant number of lynching victims were accused ...
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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 ...
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At-will
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish " just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's gender, orientation, pregnancy, race, religion, or sexuality). When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power. At-will employment gradually became the default rule under the common law of the employment contract in most U.S. states during the late 19th century, and was endorsed by the U.S. Supreme Court during the ''Lochner'' era, when members of the U.S. j ...
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Employment
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an ...
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