Agency law is concerned with any "principal"-"agent" relationship; a
relationship in which one person has legal authority to act for another.
Such relationships arise from explicit appointment, or by implication.
The relationships generally associated with agency law include
guardian-ward, executor or administrator-decedent, and
employer-employee.
Standing, or locus standi, is capacity of a party to bring suit in
court. State laws define standing. At the heart of these statutes is the
requirement that plaintiffs have sustained or will sustain direct
injury or harm and that this harm is redressable.
At the Federal
level, legal actions cannot be brought simply on the ground that an
individual or group is displeased with a government action or law.
Federal courts only have constitutional authority to resolve actual
disputes. Only those with enough direct stake in an action or law have "standing" to challenge it.
In contract
law, a person's ability to satisfy the elements required for someone to
enter binding contracts. For example, capacity rules often require a
person to have reached a minimum age and to have soundness of mind.
Tuesday, June 10, 2014
Sunday, October 7, 2012
Friday, February 10, 2012
Define: Collateral Estoppel
collateral estoppel
a judgment in one case prevents (estops) a party to that suit from trying to litigate the issue in another legal action. In effect, once decided, the parties are permanently bound by that ruling.
a judgment in one case prevents (estops) a party to that suit from trying to litigate the issue in another legal action. In effect, once decided, the parties are permanently bound by that ruling.
Tuesday, December 27, 2011
Define: judicial notice
Judicial notice is a method of introducing non-disputed facts into the record.
When a court takes judicial notice of a certain fact, it obviates the need for parties to prove the fact in court. ...
all legislatures have approved court rules that allow a court to recognize facts that constitute common knowledge without requiring proof from the parties.
On the federal trial court level, judicial notice is recognized in rule 201 of the Federal Rules of Evidence for U.S. District Courts and Magistrates. Rule 201 provides, in part, that "[a] judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned."
Under rule 201 a trial court must take judicial notice of a well-known fact at the request of one of the parties, if the court is provided with information supporting the fact. A court also has the option to take judicial notice at its discretion, without a request from a party.
Rule 201 further provides that a court may take judicial notice at any time during a proceeding. If a party objects to the taking of judicial notice, the court must give that party an opportunity to be heard on the issue. In a civil jury trial, the court must inform the jury that it must accept the judicially noticed facts in the case as conclusively proved. In a criminal trial by jury, the court must instruct the jury "that it may, but is not required to, accept as conclusive any fact judicially noticed." All states have statutes that are virtually identical to rule 201.
When a court takes judicial notice of a certain fact, it obviates the need for parties to prove the fact in court. ...
all legislatures have approved court rules that allow a court to recognize facts that constitute common knowledge without requiring proof from the parties.
On the federal trial court level, judicial notice is recognized in rule 201 of the Federal Rules of Evidence for U.S. District Courts and Magistrates. Rule 201 provides, in part, that "[a] judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned."
Under rule 201 a trial court must take judicial notice of a well-known fact at the request of one of the parties, if the court is provided with information supporting the fact. A court also has the option to take judicial notice at its discretion, without a request from a party.
Rule 201 further provides that a court may take judicial notice at any time during a proceeding. If a party objects to the taking of judicial notice, the court must give that party an opportunity to be heard on the issue. In a civil jury trial, the court must inform the jury that it must accept the judicially noticed facts in the case as conclusively proved. In a criminal trial by jury, the court must instruct the jury "that it may, but is not required to, accept as conclusive any fact judicially noticed." All states have statutes that are virtually identical to rule 201.
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