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Federation - Law Dictionary Search Results

Home Dictionary Name: federation

Federal Government

Federal Government. When two or more sovereign or independent states mutually agree not to exercise certain powers incident to their several sovereignties, but to delegate the exercise of those powers to some person or body chosen by them jointly, there is said to be a federal union of those states, and the person or body to whom the exercise of such powers is delegated is called the Federal Government. The Swiss Confederation, and the United States of North America, are instances of Federal Governments.A (English) Federal Council of Australasia Act (48 & 49 Vict. c. 60), passed in 1885 (see AUSTRALASIA), is now superseded by the federating (English) Commonwealth of Australia Constitution Act (63 & 64 Vict. c. 12) (see AUSTRALIA), which has repealed it.An effective federation of the British North American Colonies was provided in 1867 by (English) the British North America Act, 1867 (30 & 31 Vict. c. 3) (see BRITISH AMERICA), and in 1909 of the Colonies of Cape of Good Hope, Natal, Tra...


Federalism

Federalism, Federalism is a concept which unites separate States into a Union without sacrificing their own fundamental political integrity. Separate States, therefore, desire to unite so that all the member-States may share in formulation of the basic policies applicable to all and participate in the execution of decisions made in pursuance of such basic policies. Thus the essence of a federation is the existence of the Union and the States and the distribution of powers between them. Federalism, therefore, essentially implies demarcation of powers in a federal compact, S.R. Bommai v. Union of India, AIR 1994 SC 1918 (1945): (1994) 3 SCC 1.Federalism implies mutuality and common purpose for the aforesaid process of change with continuity between the Centre and the States which are the structural units operating on balancing wheel of concurrence and promises to resolve problems and promote social, economic and cultural advancement of its people and to create fraternity among the people...


Federation or federal form of Government

Federation or federal form of Government, the expression 'Federation' or 'federal from of Government' has no fixed meaning. It broadly indicates a division of powers between a Central (federal) Government and the units (States) comprised therein, S.R. Bommai v. Union of India, AIR 1994 SC 1918: (1994) 3 SCC 1....


federal common law

federal common law : case law developed in the federal courts see also Erie Railroad Co. v. Tompkins in the Important Cases section NOTE: Federal common law is applied primarily in admiralty and maritime cases, disputes between states, matters of international relations, and in cases regarding the proprietary interests of the U.S. Federal common law is used when federal statutory law does not completely address an issue or problem. ...


federal courts

federal courts courts established under the U.S. Constitution. The term usually refers to courts of the federal judicial branch, which include the Supreme Court of the United States, the U.S. courts of appeals, the U.S. district courts (including U.S. bankruptcy courts), and the U.S. Court of International Trade. Congress has established other federal courts in the executive branch, such as immigration courts. Source: Federal Judicial Center ...


Our Federalism

Our Federalism [from the language of a U.S. Supreme Court ruling in Younger v. Harris, 401 U.S. 37 (1971), which proclaimed that “Our Federalism” represents “a system in which there is sensitivity to the legitimate interests of both State and National Government … ”] : a doctrine in federal jurisprudence that limits federal interference in state civil and esp. criminal proceedings out of respect for the interests and policies of the states ...


federal

federal [Latin foeder- foedus compact, league] 1 : of or constituting a form of government in which power is distributed between a central authority and a number of constituent territorial units (as states) [a government] 2 : of or relating to the central government of a federation as distinguished from the governments of the constituent territorial units (as states) ;esp : of or relating to the laws made and enforced by the federal government [a crime] fed·er·al·ly adv ...


Federal Circuit

Federal Circuit : a circuit that has nationwide jurisdiction over appeals or reviews of certain customs, trademark and patent cases (as actions for patent applications or patent interference), and claims against the U.S. from district courts or federal agencies and that has appellate jurisdiction over cases in the United States Court of Federal Claims, the United States Court of International Trade, and the United States Court of Veterans Appeals ...


federal court

federal court : a court established by the federal government and having jurisdiction over questions of federal law see also Judicial System and article i and article iii of the Constitution in the back matter ...


federal rules of evidence

federal rules of evidence Rules which govern the admissibility of evidence at trials in the Federal District Courts and before U.S. Magistrates. Many states have adopted evidence rules patterned on these federal rules. Source: FindLaw ...


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