|
Civil Penalties
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a Codification (law), codification of legislation, regulations, and decrees. The civil fine is not considered to be a Crime, criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. As such, a civil penalty, in itself, will not carry a punishment of imprisonment or other legal penalties. Civil versus criminal penalty If a person were to dump toxic waste in a public park, the state would have the same right to seek to recover the cost of cleaning up the mess as would a private landowner, and to bring the complaint to a court of law, if necessary. Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a high Legal burden of proof, burden of proof, such as "beyond a r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Agency
A government agency or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government (bureaucracy) that is responsible for the oversight and administration of specific functions, such as an Administration (government), administration. There is a notable variety of agency types. Although usage differs, a government agency is normally distinct both from a department or Ministry (government department), ministry, and other types of public body established by government. The functions of an agency are normally executive in character since different types of organizations (''such as commissions'') are most often constituted in an advisory role — this distinction is often blurred in practice however, it is not allowed. A government agency may be established by either a national government or a state government within a federal system. Agencies can be established by legislation or by executive powers. The autonomy, indep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Judgment
In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). Speakers of British English tend to use the term at the appellate level as synonymous with judicial opinion. American English speakers prefer to maintain a clear distinction between the ''opinion'' of an appellate court (setting forth reasons for the disposition of an appeal) and the ''judgment'' of an appellate court (the pronouncement of the disposition itself). In Canadian English, the phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. Spelling Judgment is considered a "free variation" word, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the ''actus reus'' (an action) from which the specific injury or other effect arose and is combined with ''mens rea'' (a state of mind) to comprise the elements of guilt. Causation applies only where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the ''mens rea'' is immaterial to the result and sub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wrongful Death Claim
Wrongful death is a type of legal claim or cause of action against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as authorized by statute. In wrongful death cases, survivors are compensated for the harm and losses they have suffered after losing a loved one. Types of wrongful death claims Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Wrongful death claims are often based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, product liability, and medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway. Common law jurisdictions In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person.22A Am. Jur. 2d Death § 1. Under common law, a dead p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Car Accident
A traffic collision, also known as a motor vehicle collision, or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other moving or stationary obstruction, such as a tree, pole or building. Traffic collisions often result in injury, disability, death, and property damage as well as financial costs to both society and the individuals involved. Road transport is statistically the most dangerous situation people deal with on a daily basis, but casualty figures from such incidents attract less media attention than other, less frequent types of tragedy. The commonly used term car accident is increasingly falling out of favor with many government departments and organizations: the Associated Press style guide recommends caution before using the term and the National Union of Journalists advises against it in their Road Collision Reporting Guidelines. Some collisions are intentional vehicle-ramming attacks, staged crashes, vehic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speed Limit
Speed limits on road traffic, as used in most countries, set the legal maximum speed at which vehicles may travel on a given stretch of road. Speed limits are generally indicated on a traffic sign reflecting the maximum permitted speed, expressed as kilometres per hour (km/h) or miles per hour (mph) or both. Speed limits are commonly set by the legislative bodies of national or provincial governments and enforced by national or regional police and judicial authorities. Speed limits may also be variable, or in some places nonexistent, such as on most of the Autobahnen in Germany. The first numeric speed limit for mechanically propelled road vehicles was the limit introduced in the United Kingdom in 1861. the highest posted speed limit in the world is , applied on two motorways in the United Arab Emirates, UAE. Speed limits and safety distance are poorly enforced in the UAE, specifically on the Abu Dhabi to Dubai motorway – which results in dangerous traffic, according to a F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a 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 with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moral Responsibility
In philosophy, moral responsibility is the status of morality, morally desert (philosophy), deserving praise, blame, reward (psychology), reward, or punishment for an act or omission in accordance with one's moral obligations. Deciding what (if anything) counts as "morally obligatory" is a principal concern of ethics. Philosophers refer to people who have moral responsibility for an action as "moral agents". Agents have the capability to reflect upon their situation, to form intentions about how they will act, and then to carry out that action. The notion of free will has become an important issue in the debate on whether individuals are ever morally responsible for their actions and, if so, in what sense. Incompatibilists regard determinism as at odds with free will, whereas compatibilists think the two can coexist. Moral responsibility does not necessarily equate to legal liability, legal responsibility. A person is legally responsible for an event when a legal system is liabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what Justification (epistemology), justifies beliefs or what makes it rational to hold a certain wikt:doxastic, doxastic attitude. For example, a perceptual experience of a tree may serve as evidence to justify the belief that there is a tree. In this role, evidence is usually understood as a private mental state. In Phenomenology (philosophy), phenomenology, evidence is limited to intuitive knowledge, often associated with the controversial assumption that it provides indubitable access to truth. In the science, scientific evidence is information gained through the scientific method that confirms or disconfirms Hypothesis#Scientific hypothesis, scientific hypotheses, acting as a neutral arbiter between competing Scientific theory, theories. Mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product (or its production) even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. Entities ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Safety
Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public from significant danger, injury, or property damage. It is often conducted by a state government to ensure the protection of citizens, persons in their territory, organizations, and institutions against threats to their well-being, survival, and prosperity. The public safety issues that a municipality, county, regional, or federal jurisdiction may handle include crimes (ranging from misdemeanors to felonies), structure fires, conflagrations, medical emergencies, mass-casualty incidents, disasters, terrorism, and other concerns. Public safety organizations are organizations that conduct public safety. They generally consist of emergency services and first responders such as law enforcement, fire services, emergency medical services, security forces, and military forces. They are often operated by a government, though some private p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
