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Equitable Tolling
Tolling is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run. Although grounds for tolling the statute of limitations vary by jurisdiction, common grounds include: * The plaintiff was a minor at the time a cause of action accrued. * The plaintiff has been deemed mentally incompetent. * The plaintiff has been convicted of a felony and is imprisoned. * The defendant has filed a bankruptcy case triggering a stay of other lawsuits. * The defendant is not physically within a certain jurisdiction (for example, a state or country). * The parties were engaged in good-faith negotiations to resolve a dispute without litigation when the statute of limitations expired. Tolling may occur under a statute that specifically provides for the tolling of the statute of limitations during specified circumstances. It may also tak ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Remedies
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an effective remedy. In the legal system of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of God
In legal usage in the English-speaking world, an act of God, act of nature, or damnum fatale ("loss arising from inevitable accident") is an event caused by no direct human action (e.g. Severe weather, severe or extreme weather and other natural disasters) for which individual persons are not responsible and cannot be held legal liability, legally liable for loss of life, injury, or property damage. An act of God may amount to an exception to liability in contracts (as under the Hague–Visby Rules), or it may be an "insured peril" in an insurance policy. In Scots law, the equivalent term is ''damnum fatale'', while most Common law proper legal systems use the term ''act of God''. It is legally distinct from—though often related to—a common clause found in Contract, contract law known as ''force majeure''. In light of the scientific consensus on climate change, its modern applicability has been questioned by legal scholars. Contract law In the law of contracts, an act of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Disasters
A natural disaster is the very harmful impact on a society or community brought by natural phenomenon or Hazard#Natural hazard, hazard. Some examples of natural hazards include avalanches, droughts, earthquakes, floods, heat waves, landslides - including submarine landslides, tropical cyclones, volcanism, volcanic activity and wildfires. Additional natural hazards include blizzards, dust storms, firestorms, hails, ice storms, sinkholes, thunderstorms, tornadoes and tsunamis. A natural disaster can cause list of natural disasters by death toll, loss of life or property damage, damage property. It typically causes economic damage. How bad the damage is depends on how well people are Emergency management, prepared for disasters and how strong the buildings, roads, and other Infrastructure, structures are. Scholars have argued the term "natural disaster" is unsuitable and should be abandoned. Instead, the simpler term ''disaster'' could be used. At the same time, the type of haz ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Construction Permit
Planning permission or building permit refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. House building permits, for example, are subject to building codes. There is also a "plan check" (PLCK) to check compliance with plans for the area, if any. For example, one cannot obtain permission to build a nightclub in an area where it is inappropriate such as a high-density suburb. The criteria for planning permission are a part of urban planning and construction law, and are usually managed by town planners employed by local governments. Failure to obtain a permit can result in fines, penalties, and demolition of unauthorized construction if it cannot be made to meet code. Generally, the new construction must be inspected during construction and after completion to ensure compliance with national, regional, and local building codes. Since building permits usually precede outlay ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Communications Commission
The Federal Communications Commission (FCC) is an independent agency of the United States government that regulates communications by radio, television, wire, internet, wi-fi, satellite, and cable across the United States. The FCC maintains jurisdiction over the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security. The FCC was established pursuant to the Communications Act of 1934 to replace the radio regulation functions of the previous Federal Radio Commission. The FCC took over wire communication regulation from the Interstate Commerce Commission. The FCC's mandated jurisdiction covers the 50 states, the District of Columbia, and the territories of the United States. The FCC also provides varied degrees of cooperation, oversight, and leadership for similar communications bodies in other countries in North America. The FCC is funded entirely by regulatory fees. It has an estimated fiscal-2022 budg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Hockey League
The National Hockey League (NHL; , ''LNH'') is a professional ice hockey league in North America composed of 32 teams25 in the United States and 7 in Canada. The NHL is one of the major professional sports leagues in the United States and Canada and is considered the premier professional ice hockey league in the world. The Stanley Cup, the oldest professional sports trophy in North America, is awarded annually to the Stanley Cup playoffs, league playoff champion at the end of each season. The International Ice Hockey Federation (IIHF) views the Stanley Cup as one of the "most important championships available to the sport". The NHL is headquartered in Midtown Manhattan. The National Hockey League was organized at the Windsor Hotel (Montreal), Windsor Hotel in Montreal on November 26, 1917, after the suspension of operations of its predecessor organization, the National Hockey Association (NHA), which had been founded in 1909 at Renfrew, Ontario. The NHL immediately took the NHA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Of Process
Each legal jurisdiction has rules and discrete terminology regarding the appropriate procedures for serving legal documents on a person being sued or subject to legal proceedings. In the U.S. legal system, 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 in a 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign Immunity
Sovereign immunity, or crown immunity, is a legal doctrine whereby a monarch, sovereign or State (polity), state cannot commit a legal wrong and is immune from lawsuit, civil suit or criminal law, criminal prosecution, strictly speaking in modern texts in its own courts. State immunity is a similar, stronger doctrine, that applies to foreign courts. History Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another. In constitutional monarchies, the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was commonly expressed by the popular legal maxim ''rex non potest peccare'', meaning "the king can do no wrong". Forms There are two f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spending Clause
The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause and the Uniformity Clause), Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation. While authorizing Congress to levy taxes, this clause permits the levying of taxes for two purposes only: to pay the debts of the United States, and to provide for the common defense and general welfare of the United States. Taken together, these purposes have traditionally been held to imply and to constitute the federal government's taxing and spending power. Text Background One of the most often claimed defects of the Articles of Confederation was its lack of a grant to the central government of the power to lay and collect taxes. Under the Articles, Congress was forced to rely on requisitions upon the governments of its member states. Without the power to independently raise its own revenues, the Articles left ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Estoppel
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel may prevent someone from bringing a particular claim. In common law legal systems, the legal doctrine of estoppel is based in both common law and equity. Estoppel is also a concept in international law. Types of estoppel There are many different types of estoppel, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises a tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 498
This is a list of all the United States Supreme Court cases from volume 498 of the ''United States Reports The ''United States Reports'' () are the official record (law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ( ...'': External links {{SCOTUSCases, 498 1990 in United States case law 1991 in United States case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
