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Removal Jurisdiction
In the United States, removal jurisdiction allows a defendant to move a civil action or criminal case filed in a state court to the United States district court in the federal judicial district in which the state court is located. A federal statute governs removal. Generally, removal jurisdiction exists only if, at the time plaintiff filed the action in state court, the federal court had a basis for exercising subject-matter jurisdiction over the action, such as diversity of citizenship of the parties or where plaintiff's action involves a claim under federal law. If removal is based solely on diversity of citizenship, removal jurisdiction does not exist if any properly joined and served defendant is a citizen of the state in which the action is pending. Where removal jurisdiction exists, the defendant may remove the action to federal court by filing a notice of removal in the federal district court within 30 days after receiving the complaint. The defendant must file a copy ... [...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] |
Discretion
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. In law In the legal system, discretion is often defined as the ability of a judge to choose where, how and with what severity to sentence a person who has been convicted. A person chooses to utilize his or her options and decides which to use, whether this is a police officer arresting a person on the street (criminal) or evicting someone from an apartment (civil) or anywhere in between. Discretion can be found in all stages within criminal justice systems. Prosecutors have discretionary power in the criminal justice process. They have the ability to initiate and terminate all criminal prosecutions. They have to use discretion to weig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supplemental Jurisdiction
Supplemental jurisdiction, also sometimes known as ancillary jurisdiction or pendent jurisdiction, is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject-matter jurisdiction to hear the additional claims independently. is a codification of the Supreme Court's rulings on ancillary jurisdiction ('' Owen Equipment & Erection Co. v. Kroger'', ) and pendent jurisdiction ('' United Mine Workers of America v. Gibbs'', ) and a superseding of the Court's treatment of pendent party jurisdiction (''Finley v. United States'', ). Historically there was a distinction between pendent jurisdiction and ancillary jurisdiction. But, under the ruling in ''Exxon'', that distinction is no longer meaningful. Supplemental jurisdiction refers to the various ways a federal court may hear either: state law claims, claims from parties who lack the amount in controversy requirement of diversity jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reuters
Reuters ( ) is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages. Reuters is one of the largest news agencies in the world. The agency was established in London in 1851 by Paul Reuter. The Thomson Corporation of Canada acquired the agency in a 2008 corporate merger, resulting in the formation of the Thomson Reuters Corporation. In December 2024, Reuters was ranked as the 27th most visited news site in the world, with over 105 million monthly readers. History 19th century Paul Julius Reuter worked at a book-publishing firm in Berlin and was involved in distributing radical pamphlets at the beginning of the Revolutions of 1848. These publications brought much attention to Reuter, who in 1850 developed a prototype news service in Aachen using homing pigeons and electric telegraphy from 1851 on, in order to transmit messages between Brussels and Aachen, in what today is Aa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
BP P
BP p.l.c. (formerly The British Petroleum Company p.l.c. and BP Amoco p.l.c.; stylised in all lowercase) is a British multinational oil and gas company headquartered in London, England. It is one of the oil and gas "supermajors" and one of the world's largest companies measured by revenues and profits. It is a vertically integrated company operating in all areas of the oil and gas industry, including exploration and extraction, refining, distribution and marketing, power generation, and trading. BP's origins date back to the founding of the Anglo-Persian Oil Company in 1909, established as a subsidiary of Burmah Oil Company to exploit oil discoveries in Iran. In 1935, it became the Anglo-Iranian Oil Company and in 1954, adopted the name British Petroleum. BP acquired majority control of Standard Oil of Ohio in 1978. Formerly majority state-owned, the British government privatised the company in stages between 1979 and 1987. BP merged with Amoco in 1998, becoming BP Amoco p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ruby Ridge
The Ruby Ridge standoff was the siege of a cabin occupied by the Weaver family in Boundary County, Idaho, in August 1992. On August 21, deputies of the United States Marshals Service (USMS) came to arrest Randy Weaver under a bench warrant for his failure to appear on federal firearms charges after he was given the wrong court date. The charges stemmed from Weaver's sale of a sawed-off shotgun to an undercover federal informant, who had induced him to modify the firearm below the legal barrel length. During a surveillance operation, officer Art Roderick shot Weaver's dog when it ran at them and then pointed his rifle at Weaver's 14-year-old son, Samuel, who was armed. Samuel fired back at the marshals, and was shot in the back and killed by the team. In the ensuing exchange of fire, Weaver's friend Kevin Harris shot and killed Deputy Marshal William Francis Degan Jr. Weaver, Harris, and members of Weaver's immediate family refused to surrender. The Hostage Rescue Team of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Employers Liability Act
The Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. (1908), is a United States federal law that protects and compensates railroaders injured on the job. Background In the years between 1889 and 1920, railroad use in the U.S. expanded six-fold. With this expansion, the dangers to the railroad worker increased. President Benjamin Harrison addressed these dangers in a speech to the United States Congress in 1889, in which he compared the plight of the railroad worker to those of a soldier at war: It is a reproach to our civilization that any class of American workmen, should in the pursuit of a necessary and useful vocation, be subjected to a peril of life and limb as great as that of a soldier in time of war. In discussing the need for legislation to address the railroad worker's exposure to harm, U.S. Representative Henry D. Flood, a strong advocate for the passage of the FELA, referred to alarming statistics about the injuries and deaths associated with w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workers' 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 (contracting), 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 (functionin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re
, Latin for , is a term with several different, but related meanings. Legal use In the legal system in the United States, is used to indicate that a judicial proceeding may not have formally designated adverse parties or is otherwise uncontested. is an alternative to the more typical adversarial form of case designation, which names each case as "''Plaintiff v.'' (versus) ''Defendant''", as in '' Roe v. Wade'' or '' Miranda v. Arizona''. is commonly used in case citations of probate and bankruptcy proceedings, such as the General Motors Chapter 11 reorganization, which was formally designated ''In re General Motors Corp''. in court papers. The term is also sometimes used for consolidated cases, as with '' In re Marriage Cases''. It was adopted by certain U.S. states, like California, when they adopted no-fault divorce to reflect the fact that the modern proceeding for dissolution of marriage was being taken out of the adversarial system. It is also used in juvenile court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims." Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant again ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circuit Split
In United States federal courts, a circuit split, also known as a split of authority or split in authority, occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.https://www.supremecourt.gov/ctrules/2013RulesoftheCourt.pdf Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason. Despite the desire of the Supreme Court to resolve conflicts between circuit courts, legal scholars disagree about whether circuit splits are ultimately detrimental or beneficial. Some argue that circuit splits are harmful because they create confusion and encourage forum shopping, while other scholars argue that variation among circuits allows local courts to experiment with new laws that reflect the values of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
