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Pacific Employers Ins. Co. V. Industrial Accident Comm'n
''Pacific Employers Insurance Co. v. Industrial Accident Commission'', 306 U.S. 493 (1939), was a conflict of laws case decided by the United States Supreme Court that held that principles of federalism overcome the Full Faith and Credit Clause if a state enforces its own laws on events occurring within the state. Background The plaintiff, a Massachusetts resident, was employed as a chemical engineer and research chemist by Dewey & Almy Chemical Company, a Massachusetts company. The employee traveled to California to visit a branch factory, where he was injured. The employee filed a lawsuit in California seeking compensation for his injuries. The employer tried to assert as a defense that under Massachusetts law, a person covered under Massachusetts workman's compensation waived the right to sue an employer for damages. The California courts found the Massachusetts law inapplicable to an injury occurring in California, and the employee received an award under California employee c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws In The United States
Conflict may refer to: Social sciences * Conflict (process), the general pattern of groups dealing with disparate ideas * Conflict continuum from cooperation (low intensity), to contest, to higher intensity (violence and war) * Conflict of interest, involvement in multiple interests which could possibly corrupt the motivation or decision-making * Cultural conflict, a type of conflict that occurs when different cultural values and beliefs clash * Ethnic conflict, a conflict between two or more contending ethnic groups * Group conflict, conflict between groups * Intragroup conflict, conflict within groups * Organizational conflict, discord caused by opposition of needs, values, and interests between people working together * Role conflict, incompatible demands placed upon a person such that compliance with both would be difficult * Social conflict, the struggle for agency or power in something * Work–family conflict, incompatible demands between the work and family rol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalism
Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, State (sub-national), states, Canton (administrative division), cantons, territorial, territories, etc.), while dividing the powers of governing between the two levels of governments. Two illustrative examples of federated countries—one of the world's oldest federations, and one recently organized—are Australia #Government and politics, Australia and Federated States of Micronesia, Micronesia. Johannes Althusius (1563–1638), is considered the father of modern federalism, along with Montesquieu. In 1603, Althusius first described the bases of this political philosophy in his ''Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata''. By 1748, in his treatise ''The Spirit of Law'', Montesquieu (1689-1755) observed various examples of federalist governments: in corporate societies, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Full Faith And Credit Clause
Article IV, Section 1 of the United States Constitution, the Full Faith and Credit Clause, addresses the duty that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state". According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments. Judges and lawyers agree on the meaning of the clause with respect to the recognition of judgments rendered by one state in the courts of another. Barring exceptional circumstances, one state must enforce a judgment by a court in another, unless that court lacked jurisdiction, even if the enforcing court otherwise disagrees with the result. At present, it is widely agreed that this clause of the Constitution has a minimal impact on a court's choice of law decision provided that no state's sovereignty is infringed, although this clause of the Constitution was once interpret ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode Island to its south, New Hampshire and Vermont to its north, and New York (state), New York to its west. Massachusetts is the List of U.S. states and territories by area, sixth-smallest state by land area. With a 2024 U.S. Census Bureau-estimated population of 7,136,171, its highest estimated count ever, Massachusetts is the most populous state in New England, the List of U.S. states and territories by population, 16th-most-populous in the United States, and the List of states and territories of the United States by population density, third-most densely populated U.S. state, after New Jersey and Rhode Island. Massachusetts was a site of early British colonization of the Americas, English colonization. The Plymouth Colony was founded in 16 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an international border with the Mexico, Mexican state of Baja California to the south. With almost 40million residents across an area of , it is the List of states and territories of the United States by population, largest state by population and List of U.S. states and territories by area, third-largest by area. Prior to European colonization of the Americas, European colonization, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. European exploration in the 16th and 17th centuries led to the colonization by the Spanish Empire. The area became a part of Mexico in 1821, following Mexican War of Independence, its successful war for independence, but Mexican Cession, was ceded to the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workman's Compensation
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers. While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1939 In United States Case Law
This year also marks the start of the Second World War, the largest and deadliest conflict in human history. Events Events related to World War II have a "WWII" prefix. January * January 1 ** Coming into effect in Nazi Germany of: *** The Protection of Young Persons Act, passed on April 30, 1938, the Working Hours Regulations. *** The small businesses obligation to maintain adequate accounting. *** The Jews name change decree. ** With his traditional call to the New Year in Nazi Germany, Führer and Reich Chancellor Adolf Hitler addresses the members of the National Socialist German Workers' Party (NSDAP). ** The Hewlett-Packard technology and scientific instruments manufacturing company is founded by Bill Hewlett and David Packard, in a garage in Palo Alto, California, considered the birthplace of Silicon Valley. ** Philipp Etter takes over as President of the Swiss Confederation. ** The Third Soviet Five Year Plan is launched. * January 5 – Pioneering U.S. ... [...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 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 – June 30, 1941) * St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
