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Filing (legal)
In law, filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. If a document is delivered to the clerk and is temporarily placed or deposited with the court (but is not accepted for filing), it is said to have been lodged with or received by the court (but not filed). Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline. Usually a filing fee is paid which is part of court costs. Filing systems In civil procedure systems, filing rules can be mandatory or permissive. In a mandatory filing system, ''all'' documents of legal importance exchanged between the parties must also be concurrently filed with the court, while in a permissive filing system, ''nothing'' needs to be filed until the case reaches a point where direct judicial management is absolutely necessary (such as the brink of trial). For example, the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Clerk
A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court and administering oaths to witnesses, jurors, and grand jurors as well as performing some quasi- secretarial duties. The records management duties of a court clerk include the acceptance of documents for filing with the court to become part of the court's official records, preserving and protecting those records, providing the general public with access to those records, and maintaining the docket, register of actions, and/or minutes of the court which list all filings and events in each case. These duties are important because the availability of legal relief often depends upon the timely filing of documents before applicable deadlines. United Kingdom England and Wales In the magistrates' courts of England and Wales, where the bench will usually have no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Austria
Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Austria, most populous city and state. Austria is bordered by Germany to the northwest, the Czech Republic to the north, Slovakia to the northeast, Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west. The country occupies an area of and has Austrians, a population of around 9 million. The area of today's Austria has been inhabited since at least the Paleolithic, Paleolithic period. Around 400 BC, it was inhabited by the Celts and then annexed by the Roman Empire, Romans in the late 1st century BC. Christianization in the region began in the 4th and 5th centuries, during the late Western Roman Empire, Roman period, followed by the arrival of numerous Germanic tribes during the Migration Period. A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankrupt
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 perio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized 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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Journal Of Comparative Law
The ''American Journal of Comparative Law'' (AJCL) () is a quarterly, peer-reviewed law journal devoted to comparative and transnational legal studies—including, among other subjects, comparative law, comparative and transnational legal history and theory, private international law and conflict of laws, and the study of legal systems, cultures, and traditions other than those of the United States. In its long and rich history, the AJCL has published articles authored by scholars representing all continents, regions, and legal cultures of the world. It is published by Oxford University Press on behalf of the American Society of Comparative Law. As of 2014, it is co-hosted and administered by the Institute of Comparative Law (McGill University) and the Georgetown University Law Center. It has been hosted in the past by institutions such as University of California, Berkeley School of Law, Columbia Law School, and the University of Michigan Law School. The current Editors-in-Chief ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comparative Law
Comparative law is the study of differences and similarities between the law and legal systems of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, including common law, civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism and economic globalization. History The origins of modern comparative law can be traced back to Gottfried Wilhelm Leibniz in 1667 in his Latin-language book (New Methods of Studying and Teaching Jurisprudence). Chapter 7 (Presentation of Law as the Project for all Nations, Lands and Times) introduces the idea of classifying Legal Systems into several families. A few years later, Leibniz introduced an idea of Languag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Los Angeles
Los Angeles, often referred to by its initials L.A., is the List of municipalities in California, most populous city in the U.S. state of California, and the commercial, Financial District, Los Angeles, financial, and Culture of Los Angeles, cultural center of Southern California. With an estimated 3,878,704 residents within the city limits , it is the List of United States cities by population, second-most populous in the United States, behind only New York City. Los Angeles has an Ethnic groups in Los Angeles, ethnically and culturally diverse population, and is the principal city of a Metropolitan statistical areas, metropolitan area of 12.9 million people (2024). Greater Los Angeles, a combined statistical area that includes the Los Angeles and Riverside–San Bernardino metropolitan areas, is a sprawling metropolis of over 18.5 million residents. The majority of the city proper lies in Los Angeles Basin, a basin in Southern California adjacent to the Pacific Ocean in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigant
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 judgment may be i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Institutes'' of Justinian I, Justinian, a 6th-century codification of Roman law, where justice is defined as "the constant and perpetual will to render to each his due". A society where justice has been achieved would be one in which individuals receive what they "deserve". The interpretation of what "deserve" means draws on a variety of fields and philosophical branches including ethics, rationality, law, religion, and fairness. The state may pursue justice by operating courts and enforcing their rulings. History Early Western theories of justice were developed in part by Ancient Greek philosophers such as Plato in his work ''Republic (Plato), The Republic'', and Aristotle, in his ''Nicomachean Ethics'' and ''Politics (Aristotle), Politics'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LexisNexis
LexisNexis is an American data analytics company headquartered in New York, New York. Its products are various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer information. During the 1970s, LexisNexis began to make legal and journalistic documents more accessible electronically. the company had the world's largest electronic database for legal and public-records–related information. The company is a subsidiary of RELX. History LexisNexis is owned by RELX (formerly known as Reed Elsevier). According to Trudi Bellardo Hahn and Charles P. Bourne, LexisNexis (originally founded as LEXIS) is historically significant because it was the first of the early information services to both envision and actually bring about a future in which large populations of end users would directly interact with computer databases, rather than going through professional intermediaries like librari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
