Help


[permalink] [id link]
+
Page "Class action" ¶ 0
from Wikipedia
Edit
Promote Demote Fragment Fix

Some Related Sentences

law and class
It seemed like a good time for officials to use a recently-passed law empowering the post office department to contract for the transport of first class mail by air.
For example, most law students in the United States are required to take a class in Constitutional Law during their first year, and several law journals are devoted to the discussion of constitutional issues.
Gauss also made important contributions to number theory with his 1801 book Disquisitiones Arithmeticae ( Latin, Arithmetical Investigations ), which, among things, introduced the symbol ≡ for congruence and used it in a clean presentation of modular arithmetic, contained the first two proofs of the law of quadratic reciprocity, developed the theories of binary and ternary quadratic forms, stated the class number problem for them, and showed that a regular heptadecagon ( 17-sided polygon ) can be constructed with straightedge and compass.
Bufotenin, one of the chemicals excreted by the cane toad, is classified as a class 1 drug under Australian law, alongside heroin and cannabis.
Class actions are commonly referred to as class action suits ; however, this phrase is redundant as the historical distinction between " actions " at law and " suits " in equity is no longer recognized.
It is also possible to bring class actions under state law, and in some cases the court may extend its jurisdiction to all the members of the class, including out of state ( or even internationally ) as the key element is the jurisdiction that the court has over the defendant.
Upon the motion to certify the class, the defendants may object to whether the issues are appropriately handled as a class action, to whether the named plaintiffs are sufficiently representative of the class, and to their relationship with the law firm or firms handling the case.
In federal civil procedure law, which has also been accepted by approximately 35 states ( through adoption of state civil procedure rules similar to the federal rules ), the class action must have certain definite characteristics ( often referred to by the acronym CANT ):
For example, a 1978 environmental law treatise reprinted the entire text of Rule 23 and mentioned " class actions " 14 times in its index.
In cases with common questions of law and fact, aggregation of claims into a class action may avoid the necessity of repeating " days of the same witnesses, exhibits and issues from trial to trial.
However, existing law requires judicial approval of all class action settlements, and in most cases class members are given a chance to opt out of class settlement, though class members, despite opt-out notices, may be unaware of their right to opt out because they did not receive the notice, did not read it, or did not understand it.
On the 19th of November 2007 the Senato della Repubblica passed a class action law in Finanziara 2008, a financial document for the economy management of the government.
In 2004, the Italian parliament considered the introduction of a type of class action, specifically in the area of consumers ’ law.
To date, no such law has been enacted, however scholars demonstrated that class actions ( azioni rappresentative ) do not contrast with Italian principles of civil procedure.
Although not strictly " class action litigation " as it is understood in American law, Public Interest Litigation arose out of the wide powers of judicial review granted to the Supreme Court of India and the various High Courts under Articles 32 and 226 of the Constitution of India respectively.

law and action
The action of the Commission in allowing or denying any claim under this title shall be final and conclusive on all questions of law and fact and not subject to review by the Secretary of State or any other official, department, agency, or establishment of the United States or by any court by mandamus or otherwise.
If a litigant chooses to enforce a Federal right in a State court, he cannot be heard to object if he is treated exactly as are plaintiffs who press like claims arising under State law with regard to the form in which the claim must be stated -- the particularity, for instance, with which a cause of action must be described.
Correlatively, can we reduce the role of the district courts, so that the action is that of the people of the community or other school district and not that of the law court??
He recalled that in Rhode Island a party opposed to the state's condemnation of a man ( Thomas W. Dorr ) proclaimed the state's action as a violation of the law of the land and the principles of human liberty.
An action once universally condemned by all Christian churches and forbidden by the civil law is now not only approved by the overwhelming majority of Protestant denominations, but also deemed, at certain times, to be a positive religious duty.
But since this is a world in which people disagree about ends and goals and concerning justice and injustice, and since, in a situation where direct action and economic pressure are called for, the justice of the matter has either not been clearly defined by law or the law is not effectively present, there has to be a morality of means applied in every case in which people take it upon themselves to use economic pressures or other forms of force.
In the context of larger ethical discussions on moral action and judgment, Buddhism is characterized by the belief that negative ( unhappy ) consequences of our actions derive not from punishment or correction based on moral judgment, but from the law of karma, which functions like a natural law of cause and effect.
The most important of these was the principle that came to be called Ampère ’ s law, which states that the mutual action of two lengths of current-carrying wire is proportional to their lengths and to the intensities of their currents.
Ampère also applied this same principle to magnetism, showing the harmony between his law and French physicist Charles Augustin de Coulomb ’ s law of magnetic action.
In January 2005, a federal law came into force in Germany – the Luftsicherheitsgesetz – that allowed " direct action by armed force " against a hijacked aircraft to prevent a 9 / 11-type attack.
In contrast to common law incrementalism, the legislative process is very difficult to get started, as legislatures tend to delay action until a situation is totally intolerable.
By contrast to statutory codification of common law, some statutes displace common law, for example to create a new cause of action that did not exist in the common law, or to legislatively overrule the common law.
Courts generally interpret statutes that create new causes of action narrowly – that is, limited to their precise terms — because the courts generally recognize the legislature as being supreme in deciding the reach of judge-made law unless such statute should violate some " second order " constitutional law provision ( cf.
See, e. g., Clearfield Trust Co. v. United States, ( giving federal courts the authority to fashion common law rules with respect to issues of federal power, in this case negotiable instruments backed by the federal government ); see also International News Service v. Associated Press, 248 U. S. 215 ( 1918 ) ( creating a cause of action for misappropriation of " hot news " that lacks any statutory grounding, but that is one of the handful of federal common law actions that survives today ); National Basketball Association v. Motorola, Inc., 105 F. 3d 841, 843-44, 853 ( 2d Cir.
Guldberg and Waage ( 1865 ), building on Berthollet ’ s ideas, proposed the law of mass action:
However, the law of mass action is valid only for concerted one-step reactions that proceed through a single transition state and is not valid in general because rate equations do not, in general, follow the stoichiometry of the reaction as Guldberg and Waage had proposed ( see, for example, nucleophilic aliphatic substitution by S < sub > N </ sub > 1 or reaction of hydrogen and bromine to form hydrogen bromide ).
When a body is acted upon by external contact forces, internal contact forces are then transmitted from point to point inside the body to balance their action, according to Newton's second law of motion of conservation of linear momentum and angular momentum ( for continuous bodies these laws are called the Euler's equations of motion ).

law and suit
As editor, Mackenzie was perhaps a little too vocal, leading the paper to a suit of law for libel against the local conservative candidate.
This expression encapsulated the right of citizens to take the initiative: to stand to speak in the assembly, to initiate a public law suit ( that is, one held to affect the political community as a whole ), to propose a law before the lawmakers or to approach the council with suggestions.
* Revised Code of Washington 9. 12. 010: " Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process, is guilty of a misdemeanor ; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.
While Eddy's Manual established limited executive functions under the rule of law in place of a traditional hierarchy, the controversial 1991 publication of a book by Bliss Knapp led the then Board of Directors to make the unusual affidavit during a suit over Knapp's estate that neither acts by it violating the Manual, nor acts refraining from required action, constituted violations of the Manual.
They are given when the plaintiff's suit is trivial, used only to settle a point of honour or law.
While colloquially, a person may term a law suit to be frivolous if he or she personally finds a claim to be absurd, in legal usage " frivolous litigation " consists of a claim or defense that is presented where the party ( or the party's legal counsel ) had reason to know that the claim or defense was manifestly insufficient or futile.
The Minister for the Environment was criticised for allegedly changing the law to suit one company and other agencies protested the law change as damaging to small businesses while the government defended their decision stating that the move was a positive one for Irish consumers.
I John Audubon, having this day mutual consent with Ferdinand Rozier, dissolved and forever closed the partnership and firm of Audubon and Rozier, and having Received from said Ferdinand Rozier payment and notes to the full amount of my part of the goods and debts of the late firm of Audubon and Rozier, I the said John Audubon one of the firm aforesaid do hereby release and forever quit claim to all and any interest which I have or may have in the stock on hand and debts due to the late firm of Audubon and Rozier assign, transfer and set over to said Ferdinand Rozier, all my rights, titles, claims and interest in the goods, merchandise and debts due to the late firm of Audubon and Rozier, and do hereby authorize and empower him for my part, to collect the same in any manner what ever either privately or by suit or suits in law or equity hereby declaring him sole and absolute proprietor and rightful owner of all goods, merchandise and debts of this firm aforesaid, as completely as they were the goods and property of the late firm Audubon and Rozier.
In addition, another controversy that hit the band in 1988 was a law suit made by Matthew Trippe.
Personal jurisdiction refers to a court's jurisdiction over the parties to a law suit, as opposed to subject matter jurisdiction ( jurisdiction over the determinations of law and fact to be made in the case or controversy ).
But, on the other hand if someone is injured in Harrods, London and for some reason finds that California law is more favorable decides to sue in California, the suit would not be maintainable since the contacts that Harrods have is not continuous and systematic, and they are not ' essentially at home ' in California.
When the FDA failed to respond to these two petitions as required by law, Public Citizen, in January 2008, filed suit to compel the FDA to respond to their 2006 petition.
In the case of Murray's Lessee v. Hoboken Land & Improvement Co., the Supreme Court ruled that cases involving " a suit at the common law, or in equity, or admiralty " inherently involve judicial determination and must come before Article III courts.
In Muskrat v. United States,, the Supreme Court denied jurisdiction to cases brought under a statute permitting certain Native Americans to bring suit against the United States to determine the constitutionality of a law allocating tribal lands.
The court in Milkovich specifically held that there is no wholesale exception to defamation law for statements labeled " opinion ," but instead that a statement must be provably false ( falsifiable ) before it can be the subject of a libel suit.
Although the Eleventh Amendment immunizes states from suit for money damages or equitable relief without their consent, in Ex parte Young,, the Supreme Court ruled that federal courts may enjoin state officials from violating federal law.
The other states, however, did not follow suit and several rejected the notion that states could nullify federal law.
Those who report a false claim against the federal government, and suffer adverse employment actions as a result, may have up to six years ( depending on state law ) to file a civil suit for remedies under the US False Claims Act ( FCA ).

0.213 seconds.