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Sanctions (law)
Sanctions, in law and legal definition, are penalties or other means of enforcement used to provide incentives for obedience with the law or other rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines. Within the context of civil law, sanctions are usually monetary fines which are levied against a party to a lawsuit or to their attorney for violating rules of procedure, or for abusing the judicial process. The most severe sanction in a civil lawsuit is the involuntary dismissal, with prejudice, of a complaining party's cause of action, or of the responding party's answer. This has the effect of deciding the entire action against the sanctioned party without recourse, except to the degree that an appeal or trial ''de novo'' may be allowed because of reversible error. As a noun, the term is usually used in the plural form, even if it only refers to a single event: if a jud ...
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Enforcement
Enforcement is the proper execution of the process of ensuring compliance with laws, regulations, rules, standards, and social norms. Governments attempt to effectuate successful implementation of policies by enforcing laws and regulations. Enactment refers to application of a law or regulation, or carrying out of an executive or judicial order. Theories of enforcement Enforcement serves a number of functions; the enforcement of social norms can ensure conformity within insular communities, the enforcements of laws can maximize social benefits and protect the public interest, and enforcement may also serve the self-interest of the institutions that oversee enforcement. Enforcement can be effectuated by both public institutions and private, non-governmental actors. Enforcement is often accomplished through coercive means or by utilizing power disparities to constrain action. Some scholars, such as Kate Andrias, have also argued that institutions enforce rules when deciding "whe ...
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Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ...
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Legal Procedure
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, and right to confront accusers, as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, although different jurisdictions have various exceptions), with those right ...
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Judiciaries
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rule ...
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Vilhelm Aubert
Johan Vilhelm Aubert (7 June 1922 – 19 July 1988) was an influential Norwegian sociologist. He was a professor at the Faculty of Law, University of Oslo from 1963 to 1971 and at the Department of Sociology from 1971 to 1988. He co-founded the Norwegian Institute for Social Research already in 1950, and has been labelled the " father of Norwegian sociology". In his early life he was a member of the anti-Nazi resistance group XU, and while later involved on the radical wing of the Labour Party, he edited the newspaper '' Orientering''. Early career Vilhelm Aubert was born in Kristiania in 1922. He was the older brother of mathematician Karl Egil Aubert, born 1924. Vilhelm Aubert enrolled at the University of Oslo in 1940, the same year as Norway was invaded by Germany as a part of the Second World War. Aubert became a member of the illegal intelligence organization XU. Aubert finally graduated with the cand.jur. degree in 1946. He then lived in the United States for ...
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Lawrence M
Lawrence may refer to: Education Colleges and universities * Lawrence Technological University, a university in Southfield, Michigan, United States * Lawrence University, a liberal arts university in Appleton, Wisconsin, United States Preparatory & high schools * Lawrence Academy at Groton, a preparatory school in Groton, Massachusetts, United States * Lawrence College, Ghora Gali, a high school in Pakistan * Lawrence School, Lovedale, a high school in India * The Lawrence School, Sanawar, a high school in India Research laboratories * Lawrence Berkeley National Laboratory, United States * Lawrence Livermore National Laboratory, United States People * Lawrence (given name), including a list of people with the name * Lawrence (surname), including a list of people with the name * Lawrence (band), an American soul-pop group * Lawrence (judge royal) (died after 1180), Hungarian nobleman, Judge royal 1164–1172 * Lawrence (musician), Lawrence Hayward (born 1961), British mus ...
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Ota Weinberger
Ota Weinberger (20 April 1919 – 30 January 2009) was a Czech-Austrian jurist, legal philosopher, and logician. He was the Professor of Legal Science at the University of Graz and the University of Prague. Biography Weinberger was born in Brno, Czechoslovakia on 20 April 1919 into an assimilated Jewish family of intellectuals. He was respected in the professional world as a logician and legal theorist who became known to a broad public beyond the academic framework as a political admonisher. For a long time, he suffered greatly from the political conditions in his homeland. As a Jew, he was first persecuted by the Third Reich. He was initially unable to complete his law studies at Masaryk University in his hometown and spent four years in concentration camps. After the war, he completed his studies and entered the court service. As a democrat and liberal thinker, he refused to join the Czechoslovak Communist Party and was subsequently repressed by those in power. In the year ...
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Niklas Luhmann
Niklas Luhmann (; ; December 8, 1927 – November 11, 1998) was a German sociologist, philosopher of social science, and systems theorist. Niklas Luhmann is one of the most influential German sociologists of the 20th century. His thinking was based on the philosophical tradition and at the same time the reception of a wide variety of concepts from modern science. From this foundation he developed a functionalist-oriented systems theory, which claims to be able to describe all social phenomena in a theoretically consistent language. Social systems are understood as communication contexts that have autonomy from the actors involved in them. On this basis, three types of social systems can be distinguished: interaction, organization and society. On his general theory he developed a social theory, which describes modern society as a global society that is characterized by an internal differentiation into various autonomously working ''functional areas'' such as politics, la ...
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Norberto Bobbio
Norberto Bobbio (; 18 October 1909 – 9 January 2004) was an Italian philosopher of law and political sciences and a historian of political thought. He also wrote regularly for the Turin-based daily '' La Stampa''. Bobbio was a social liberal in the tradition of Piero Gobetti, Carlo Rosselli, , and Aldo Capitini. He was also strongly influenced by Hans Kelsen and Vilfredo Pareto. He was considered one of the greatest Italian intellectuals of the 20th century. Early life Bobbio was born in Turin on 18 October 1909 to Luigi and Rosa Caviglia. The middle-class status of his family (his father was a doctor) allowed Bobbio to have a comfortable childhood. He wrote verses and loved Bach and Verdi's opera '' La traviata''. Later, he would develop an unknown illness that caused tiredness and malaise. The feeling worsened with age but became an important part of his intellectual growth. Bobbio studied at the Liceo Classico Massimo d'Azeglio, where he met Leone Ginzburg, Ces ...
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Herbert L
Herbert may refer to: People * Herbert (musician), a pseudonym of Matthew Herbert * Herbert (given name) * Herbert (surname) Places Antarctica * Herbert Mountains, Coats Land * Herbert Sound, Graham Land Australia * Herbert, Northern Territory, a rural locality * Herbert, South Australia. former government town * Division of Herbert, an electoral district in Queensland * Herbert River, a river in Queensland * County of Herbert, a cadastral unit in South Australia Canada * Herbert, Saskatchewan, Canada, a town * Herbert Road, St. Albert, Canada New Zealand * Herbert, New Zealand, a town * Mount Herbert (New Zealand) United States * Herbert, Illinois, an unincorporated community * Herbert, Michigan, a former settlement * Herbert Creek, a stream in South Dakota * Herbert Island, Alaska Arts, entertainment, and media Fictional entities * Herbert (Disney character) * Herbert Pocket, a character in the Charles Dickens novel ''Great Expectations'' * Herbert West, tit ...
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Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. At the time (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 U.S.C. 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rul ...
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United States Federal Courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the Constitution of the United States, United States Constitution and Law of the United States, laws of the federal government. The U.S. federal judiciary consists primarily of the Supreme Court of the United States, U.S. Supreme Court, the United States Courts of Appeals, U.S. Courts of Appeals, and the United States District Courts, U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the United States Constitution, Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that United States federal judge, federal judges are appointed by the President of the United States, president with the consent of the United States Senate, Senate to serve until they resign, a ...
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