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Cicippio-Puleo V. Islamic Republic Of Iran
''Cicippio-Puleo v. Islamic Republic of Iran'' (353 F.3d 1024) was a 2004 case in the United States Court of Appeals for the District of Columbia Circuit related to the Foreign Sovereign Immunities Act (FSIA). The DC Circuit Court ruled that while 1996 amendments in FSIA made exceptions from sovereign immunity for states known for supporting state-sponsored terrorism, as listed by the State Department, foreign nations were still immune from private cause of action, preventing lawsuits from private individuals levied at the state based on such terrorism. As a result of this ruling, Congress significantly amended FSIA in 2008 to greatly expand the exceptions from sovereign immunity for state-sponsored terrorism and specifically allowing for causes of actions against foreign countries. Background The Foreign Sovereign Immunities Act (FSIA) was passed in 1976 and generally grants foreign countries sovereign immunity from lawsuits from private American individuals with limited exceptio ...
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United States Court Of Appeals For The District Of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate courts, and covers only one district court: the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square, Washington, D.C. The D.C. Circuit's prominence and prestige among American federal courts is second only to the U.S. Supreme Court because its geographic jurisdiction contains the U.S. Capitol and the headquarters of many of the U.S. federal government's executive departments and government agencies, and therefore it is the main federal appellate court for many issues of American administrative law and constitutional law. Four of the current nine justices on the Supreme Court were previously judges on the D.C. Circuit including Chief Justice John Roberts ...
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Ex Parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ''ex parte'' means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party. The term is also used more loosely to refer to improper unilateral contacts with a court, arbitrator, or represented party without notice to the other party or counsel for that party. The phrase was common in the titles of '' habeas corpus'' and judicial review cases until the end of the twentieth century, because those cases were originally brought by the Crown on behalf of the claimant. In Commonwealth common law ...
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National Defense Authorization Act For Fiscal Year 2008
The National Defense Authorization Act for Fiscal Year 2008 is a law in the United States signed by President George W. Bush on January 28, 2008. As a bill it was H.R. 4986 in the 110th Congress. The overall purpose of the law is to authorize funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs. In a controversial signing statement, President Bush instructed the executive branch to construe Sections 841, 846, 1079, and 1222 "in a manner consistent with the constitutional authority of the President". Section 841 Establishes a Commission on Wartime Contracting in Iraq and Afghanistan. This commission would study federal agency contracting for reconstruction, the logistical support of coalition forces, and the performance of security functions in Iraq and Afghanistan. Some of the most important duties of this commission would be to assess the extent of potential violations of laws of war, F ...
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The International Lawyer
''The International Lawyer'' is a quarterly peer-reviewed law journal and the official publication of the American Bar Association's (ABA) Section of International Law and Practice. It was established in 1966 and has been based at Southern Methodist University since 1986. The journal focuses primarily on practical issues of international law, including international trade, licensing, direct investment, finance, taxation, litigation - 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 actio ..., and dispute resolution. External links * American Bar Association International law journals Southern Methodist University American law journals {{int-law-journal-stub ...
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Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exi ...
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United States District Court For The District Of Columbia
The United States District Court for the District of Columbia (in case citations, D.D.C.) is a United States district court, federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of Hawaii and the High Court of American Samoa) federal issues that arise in the territory of American Samoa, which has no local federal court or United States territorial court, territorial court.https://www.gao.gov/products/GAO-08-1124T U.S. Government Accountability Office. AMERICAN SAMOA: Issues Associated with Some Federal Court Options. September 18, 2008. Retrieved September 7, 2019. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit (except for patent claims, and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). the United States Attorney ...
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Solatium
Solatium (plural ''solatia'') is a form of compensation for emotional rather than physical or financial harm. The word entered English during the 1810s, as a loanword from Latin or . World examples England & Wales Section 1A of the Fatal Accidents Act 1976 provides that in an action for wrongful death the spouse, civil partner or parents (where the deceased is a minor) of the deceased may claim damages for bereavement, which are awarded in the amount of a fixed sum. This has been described as a ''soliatum''. India In India, victims of crimes that receive widespread media coverage are frequently recipients of one-time solatium payments from governments. Scots law It is used in Scots law mainly to denote reparation for pain and suffering in personal injury cases (although it can also be awarded in other types of cases), but also has a more technical meaning as the form of reparation available in an actio iniuriarum. In the former respect it is similar, but not identical, ...
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Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recogn ...
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The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large national audience. Daily broadsheet editions are printed for D.C., Maryland, and Virginia. The ''Post'' was founded in 1877. In its early years, it went through several owners and struggled both financially and editorially. Financier Eugene Meyer purchased it out of bankruptcy in 1933 and revived its health and reputation, work continued by his successors Katharine and Phil Graham (Meyer's daughter and son-in-law), who bought out several rival publications. The ''Post'' 1971 printing of the Pentagon Papers helped spur opposition to the Vietnam War. Subsequently, in the best-known episode in the newspaper's history, reporters Bob Woodward and Carl Bernstein led the American press's investigation into what became known as the Waterga ...
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Compensatory Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the ...
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Hezbollah
Hezbollah (; ar, حزب الله ', , also transliterated Hizbullah or Hizballah, among others) is a Lebanese Shia Islamist political party and militant group, led by its Secretary-General Hassan Nasrallah since 1992. Hezbollah's paramilitary wing is the Jihad Council, and its political wing is the Loyalty to the Resistance Bloc party in the Lebanese Parliament. After the Israeli invasion of Lebanon in 1982, the idea of Hezbollah arose among Lebanese clerics who had studied in Najaf, and who adopted the model set out by Ayatollah Khomeini after the Iranian Revolution in 1979. After failing to agree on a name for the new organisation, the party's founders adopted the name chosen by Ayatollah Khomeini, Hezbollah. The organization was established as part of an Iranian effort, through funding and the dispatch of a core group of Islamic Revolutionary Guard Corps (pasdaran) instructors, to aggregate a variety of Lebanese Shia groups into a unified organization to resist the I ...
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Foreign Sovereign Immunities Act
The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign nation (or its political subdivisions, agencies, or instrumentalities) is immune from suit in U.S. courts—federal or state. (In international practice, immunity from lawsuits in foreign courts is known as foreign state immunity; government immunity in domestic courts is known as sovereign immunity.) The Act also establishes specific procedures for service of process, attachment of property and execution of judgment in proceedings against a foreign state. The FSIA provides the exclusive basis and means to bring a civil suit against a foreign sovereign in the United States. It was signed into law by United States President Gerald Ford on October 21, 1976. History Foreign state immunity has a long history in U.S. courts. In an early case, '' The S ...
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