|
Gasperini V. Center For Humanities
''Gasperini v. Center for Humanities'', 518 U.S. 415 (1996), was a decision by the Supreme Court of the United States in which the Court further refined the ''Erie'' doctrine regarding when and how federal courts are to apply state law in cases brought under diversity jurisdiction. The Court held that the New York state rule applied. Background of the case The plaintiff, William Gasperini, was an American journalist and photographer for CBS News and the Christian Science Monitor who, during the course of seven years in Central America, took over 5,000 slide transparencies depicting war, political leaders and everyday life. In 1990, Gasperini supplied 300 of his original transparencies to The Center for Humanities for use in an educational video. The center agreed to return the transparencies, but they were lost. Gasperini commenced suit in the United States District Court for the Southern District of New York, invoking diversity jurisdiction. The trial jury applied New York law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New York (Manhattan) and Bronx; six are in Downstate: Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active and influential federal trial courts in the United States. It often has jurisdiction over America's largest financial institutions and prosecution of white-collar crime and other federal crimes. Because of its age and influence, it is sometimes colloquially called the "Mother Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause icand ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to low ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1996 In United States Case Law
File:1996 Events Collage.png, From left, clockwise: A Centennial Olympic Park bombing, bomb explodes at Centennial Olympic Park in Atlanta, set off by a radical Anti-abortion violence, anti-abortionist; The center fuel tank explodes on TWA Flight 800, causing the plane to crash and killing everyone on board; Eight people 1996 Mount Everest disaster, die in a blizzard on Mount Everest; Dolly (sheep), Dolly the Sheep becomes the first mammal to have been cloned from an adult somatic cell; The Port Arthur massacre (Australia), Port Arthur Massacre occurs on Tasmania, and leads to major changes in Gun laws of Australia, Australia's gun laws; Macarena, sung by Los del Río and remixed by The Bayside Boys, becomes a major dance craze and cultural phenomenon; Ethiopian Airlines Flight 961 crash-ditches off of the Comoros Islands after the plane was Aircraft hijacking, hijacked; the 1996 Summer Olympics are held in Atlanta, marking the Centennial (100th Anniversary) of the modern Olympic Gam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diversity Jurisdiction Case Law
Diversity, diversify, or diverse may refer to: Business *Diversity (business), the inclusion of people of different identities (ethnicity, gender, age) in the workforce * Diversity marketing, marketing communication targeting diverse customers * Supplier diversity, the use of diverse suppliers Politics * Diversity (politics), the political and social policy of encouraging tolerance for people of different cultural and racial backgrounds * Diversity Immigrant Visa or Green Card Lottery, a United States immigration program * Diversity jurisdiction, a concept under which U.S. federal courts can hear suits between parties from different states * Diversity training, the process of educating people to function in a diverse environment * Cultural diversity, the respect of different cultures and interculturality * Functional diversity (disability), a term for special needs, disability, impairment and handicap * Gerodiversity, a multicultural approach to issues of aging * Multicultura ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases Of The Rehnquist Court
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 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 Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – Ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 518
This is a list of all the United States Supreme Court cases from volume 518 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, 518 1996 in United States case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President Bill Clinton to replace retiring justice Byron White, and at the time was generally viewed as a moderate consensus-builder. She eventually became part of the liberal wing of the Court as the Court shifted to the right over time. Ginsburg was the first Jewish woman and the second woman to serve on the Court, after Sandra Day O'Connor. During her tenure, Ginsburg wrote notable majority opinions, including ''United States v. Virginia''(1996), ''Olmstead v. L.C.''(1999), '' Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.''(2000), and ''City of Sherrill v. Oneida Indian Nation of New York''(2005). Ginsburg was born and grew up in Brooklyn, New York. Her older sister died when she was a baby, and her mother died shortly befor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Erie Doctrine
The ''Erie'' doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in diversity jurisdiction, but also when applying supplemental jurisdiction to claims factually related to a federal question or in an adversary proceeding in bankruptcy) must apply state substantive law. The doctrine follows from the Supreme Court landmark decision in '' Erie Railroad Co. v. Tompkins'' (1938). The case overturned ''Swift v. Tyson'', which allowed federal judges sitting in a state to ignore the common law local decisions of state courts in the same state in diversity actions. Scope There are two main objectives of the ''Erie'' decision: (1) to discourage forum shopping among litigants, and (2) to avoid inequitable administration of the laws. Broadly speaking, the second objective is sometimes referred to as "vertical unifo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Reform
Tort reform refers to changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation (particularly actions for negligence) or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services (e.g. medical malpractice insurance), and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature. Background Tort actions are civil claims for actions that cause a claimant to suffer loss or harm, resulting in legal liability fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conscience
Conscience is a cognitive process that elicits emotion and rational associations based on an individual's moral philosophy or value system. Conscience stands in contrast to elicited emotion or thought due to associations based on immediate sensory perceptions and reflexive responses, as in sympathetic central nervous system responses. In common terms, conscience is often described as leading to feelings of remorse when a person commits an act that conflicts with their moral values. The extent to which conscience informs moral judgment before an action and whether such moral judgments are or should be based on reason has occasioned debate through much of modern history between theories of basics in ethic of human life in juxtaposition to the theories of romanticism and other reactionary movements after the end of the Middle Ages. Religious views of conscience usually see it as linked to a morality inherent in all humans, to a beneficent universe and/or to divinity. The div ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Of Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meaning ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
