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Federal Common Law
Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. Ever since Louis Brandeis, writing for the Supreme Court of the United States in '' Erie Railroad v. Tompkins'' (1938), overturned Joseph Story's decision in '' Swift v. Tyson'', federal courts exercising diversity jurisdiction have applied state law as the substantive laws, with few exceptions. Nevertheless, there are several areas where federal common law continues to govern. The ''Swift'' doctrine Until 1938, federal courts in the United States followed the doctrine set forth in the 1842 case of '' Swift v. Tyson''. In that case, the U.S. Supreme Court held that federal courts hearing cases brought under their diversity jurisdiction (allowing them to hear cases between parties from different U.S. states) had to apply the statutory law of the states, but not the common law developed by state courts. Inste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antitrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law; the act of pushing for antitrust measures or attacking monopolistic companies (known as Trust (business), trusts) is commonly known as trust busting. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.Wechsler (1952)Dubber (2015, pp. 7-10). The ALI performed an examination of the penal system in the U.S. and the prohibitions, sanctions, excuses, and authority used throughout in order to arrive at a cohesive synthesis to the extent possible, and the best rules for the penal system in the United States. Primary responsibility for criminal law lies with the individual states, which over the years led to great inconsistency among the various state penal codes. The MPC was meant to be a comprehensive criminal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislative Power Vested In Congress
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government. Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as the European Parliament). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legislatures f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Federalist Papers
''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as ''The Federalist'' until the name ''The Federalist Papers'' emerged in the twentieth century. The first seventy-seven of these essays were published serially in the '' Independent Journal'', the ''New York Packet'', and ''The Daily Advertiser'' between October 1787 and April 1788. A compilation of these 77 essays and eight others were published in two volumes as ''The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787'', by publishing firm J. & A. McLean in March and May 1788. The last eight papers (Nos. 78–85) were republished in the New York newspapers between June 14 and August 16, 1788. The authors of ''The Fed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 during the Presidency of George Washington, presidency of George Washington, the first president of the United States. Born out of wedlock in Charlestown, Nevis, Hamilton was orphaned as a child and taken in by a prosperous merchant. He was given a scholarship and pursued his education at Columbia College, Columbia University, King's College (now Columbia University) in New York City where, despite his young age, he was an anonymous but prolific and widely read pamphleteer and advocate for the American Revolution. He then served as an artillery officer in the American Revolutionary War, where he saw military action against the British Army during the American Revolutionary War, British Army in the New York and New Jersey campaign, served for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clearfield Trust Co
Clearfield may refer to: Places Australia *Clearfield, New South Wales United States *Clearfield, Iowa, a city *Clearfield, Kansas, an unincorporated community * Clearfield, Kentucky, an unincorporated community * Clearfield Township, Griggs County, North Dakota, a township *Clearfield, Pennsylvania, a borough *Clearfield County, Pennsylvania * Clearfield Township, Butler County, Pennsylvania * Clearfield Township, Cambria County, Pennsylvania * Clearfield, South Dakota, an unincorporated community *Clearfield Colony, South Dakota, a census-designated place *Clearfield, Utah, a city ** Clearfield (UTA station), Utah Transit Authority commuter rail station * Clearfield, Wisconsin, a town People * Andrea Clearfield (born 1960), American composer Other uses * USS ''Clearfield'' * Clearfield Farm, historic home in Delaware * Clearfield, Inc., American networking hardware company * Clearfield Production Systems, a herbicide system marketed by BASF involving imidazolinone ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Rights
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the State (polity), state. Civil rights generally include ensuring peoples' physical and mental integrity, right to life, life, and safety, protection from discrimination, the right to privacy, the freedom of freedom of thought, thought, freedom of speech, speech, freedom of religion, religion, freedom of the press, press, freedom of assembly, assembly, and freedom of movement, movement. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of Participation (decision making), participation in civil society and politics such as freedom of association, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interstate Commerce
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankruptcy Law
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, meaning the term ''bankruptcy'' is not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian , literally meaning . The term is often described as having originated in Renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment. However, the existence of such a ritual is doubted. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into "debt slavery" until the creditor recouped losses through their physical labour. Many city-states in ancient Greece limited debt slavery to a period o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admiralty Law
Maritime law or admiralty law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and conflict of laws, private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous Multilateralism, multilateral treaties. Admiralty law, which mainly governs the relations of private parties, is distinguished from the law of the sea, a body of International law, public international law regulating maritime relationships between nations, such as navigational rights, mineral rights, and jurisdiction over coastal waters. While admiralty law is adjudicated in national courts, the United Nations Convention on t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
