Federalism - Law Dictionary Search Results
Home Dictionary Name: federalism Page: 5choice of law
choice of law :an issue in conflicts of law as to what law (as among laws of different states or multiple federal laws) should be applied in a case compare comity, federalism, full faith and credit ...
well-pleaded complaint rule
well-pleaded complaint rule : a rule of procedure that federal question jurisdiction cannot be acquired over a case unless an issue of federal law appears on the face of a properly pleaded complaint NOTE: The well-pleaded complaint rule is not satisfied by a defense based on federal law, including a defense of federal preemption, or by anticipation of such a defense in the complaint. ...
India
India, the territory of India comprises the territories of the States and that of Union territories which are specified in Sch. 1 of the Constitution and any other territories which may be acquired, Constitution of India, Art. 1(3)(a), (b), (c).means Bharat, a Union of States, Constitution of India, Art. 1.India, in 1876, by the (English) Royal Titles Act, 1876 (39 & 40 Vict. c. 6), Queen Victoria was empowered to add to the style of the Crown, with a view of recognizing the transfer of the Government of India to the Queen by the Government of India Act, 1858 (21 & 22 Vict. c. 106), and the addition of 'Empress of India' was made by Proclamation in April, 1876, with which addition as 'Emperor of India' it has passed to his present Majesty.In any Act of Parliament passed after 1889 the expression 'British India' means 'all territories and places within her Majesty's dominions which are for the time being governed by her Majesty through the Governor-General of India or through any govern...
discovery
discovery pl: -er·ies 1 : the act or process of discovering 2 : something discovered [applied for a patent for the ] 3 a : the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, request for production b : the disclosure of information held by the opposing party in an action [a party may obtain of the existence and contents of any insurance agreement "Federal Rules of Civil Procedure Rule 26(b)(2)"] see also privilege, work product doctrine NOTE: Discovery allowed under Federal Rule of Civil Procedure 26 is far-reaching. With some exceptions, a party may obtain discovery of any relevant information as long as it is not privileged, including information that itself would not be admissible at trial but that is likely to lead to the discovery of admissible evidence. Criminal discovery, however, has been more controversial. Under Federal Rule of Criminal Procedure ...
regulation
regulation 1 : the act of regulating or state of being regulated 2 : an authoritative rule ;specif : a rule or order issued by a government agency and often having the force of law see also Administrative Procedure Act in the Important Laws section NOTE: An agency is often delegated the power to issue regulations by the legislation that created it. Regulations must be made in accordance with prescribed procedures, such as those set out in the federal or a state Administrative Procedure Act. Federal regulations are first published in the Federal Register and later codified in the Code of Federal Regulations. ...
jury
jury pl: ju·ries [Anglo-French juree, from feminine past participle of Old French jurer to swear, from Latin jurare, from jur- jus law] : a body of individuals sworn to give a decision on some matter submitted to them ;esp : a body of individuals selected and sworn to inquire into a question of fact and to give their verdict according to the evidence occasionally used with a pl. verb [the are always to decide whether the inference shall be drawn "Oliver Wendell Holmes, Jr."] see also advisory jury, array, grand jury, inquest, jury nullification, petit jury, special jury, trial jury, venire Amendment VI to the Constitution in the back matter NOTE: The jury of American and English law most likely originated in early Anglo-Norman property proceedings, where a body of 12 knights or freemen who were from the area, and usually familiar with the parties, would take an oath and answer questions put to them by a judge in order to determine property rights. Jury verdicts began to be us...
cfr
cfr (Code of Federal Regulations) A codification of the rules published in the Federal Register by the executive departments and agencies of the federal government. The CFR is divided into 50 titles that represent broad areas subject to federal regulation. Source: FindLaw ...
joinder
joinder [Anglo-French, from joinder to join, from Old French joindre, from Latin jungere] : the act or an instance of joining: as a : a joining of parties as coplaintiffs or codefendants in a suit ;also : a joining of claims by one or more plaintiffs in a suit see also misjoinder compare counterclaim, cross-claim, impleader, interpleader, intervention, sever collusive joinder : an addition of a party to a suit made for the purpose of manufacturing federal jurisdiction NOTE: Under the Federal Rules of Civil Procedure a federal district court will not have jurisdiction when collusive joinder is made. compulsory joinder : joinder of a party to a suit required by the court when the party is indispensable to complete relief for parties already involved or when the party claims an interest that may substantially affect the other parties or may be put at risk by the action joinder of remedies : a joining of two claims in one action even though one cannot be recognized until the othe...
Saving-to-suitor clause
Saving-to-suitor clause, means a federal statutory provisions that allows a party to bring suit in either State or Federal Court but requires both courts to apply federal substantive law, 28 USCA 1333....
Concurrent list
Concurrent list, is also known as List III, Constitution of India, Art. 254(i).Is a list of subjects appended to a federal Constitution in respect of which the federal legislature and the State or the regional legislatures have power to make laws, federal law prevailing in case of conflicts, The Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philips Laundry, p. 132.The object of a concurrent list of subjects over which the centre and the units have concurrent power is uniformity, Commentary on the Constitution of India, Durga Das Basu, Vol. 4, 5th Edn., p. 178.The question of repugnancy arises in case of subjects enumerated in concurrent list, Deep Chand v. State of Uttar Pradesh, AIR 1959 SC 648....
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