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A class action, also known as a class action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member of that group. The class action originated in the United States and is still predominantly a U.S. phenomenon, but Canada, as well as several European countries with civil law have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers.
A tort, in common law jurisdiction, is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits a tortious act. It can include the intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy and many other things.
Forensic engineering has been defined as "the investigation of failures - ranging from serviceability to catastrophic - which may lead to legal activity, including both civil and criminal". It therefore includes the investigation of materials, products, structures or components that fail or do not operate or function as intended, causing personal injury, damage to property or economic loss. The consequences of failure may give rise to action under either criminal or civil law including but not limited to health and safety legislation, the laws of contract and/or product liability and the laws of tort. The field also deals with retracing processes and procedures leading to accidents in operation of vehicles or machinery. Generally, the purpose of a forensic engineering investigation is to locate cause or causes of failure with a view to improve performance or life of a component, or to assist a court in determining the facts of an accident. It can also involve investigation of intellectual property claims, especially patents.
Ultra vires is a Latin phrase meaning "beyond the powers". An act which requires legal authority but is done without it, is characterised in law as ultra vires. Its opposite, an act done under proper authority, is intra vires. Acts that are intra vires may equivalently be termed "valid" and those that are ultra vires "invalid".
Dominican law theorists make a fundamental distinction between primary sources of law, which can give rise to binding legal norms, and secondary sources, sometimes called authorities. The primary sources are enacted law and custom, with the former overwhelmingly more important. Sometimes, “general principles of law” are also considered a primary source. Authorities may have weight when primary sources are absent, unclear, or incomplete, but they are never binding, and they are neither necessary nor sufficient as the basis for a judicial decision. Case law and the writings of legal scholars are as such secondary sources.
The United States Department of Justice Civil Division represents the United States, its departments and agencies, members of Congress, cabinet officers, and other federal employees. Its litigation reflects the diversity of government activities, involving, for example, the defense of challenges to Presidential actions; national security issues; benefit programs; energy policies; commercial issues such as contract disputes, banking insurance, patents, fraud, and debt collection; all manner of accident and liability claims; enforcement of immigration laws; and civil and criminal violations of consumer protection laws. Each year, Division attorneys handle thousands of cases that collectively involve billions of dollars in claims and recoveries. The Division confronts significant policy issues, which often rise to constitutional dimensions, in defending and enforcing various Federal programs and actions. The Civil Division is currently led by Jody Hunt, who was confirmed to the position by the United States Senate in August 2018.
The Electronic Filing System is the Singapore Judiciary's electronic platform for filing and service of documents within the litigation process. In addition, it provides the registries of the Supreme Court and the Subordinate Courts with an electronic registry and workflow system; and an electronic case file. Recent enhancements have added a module which facilitates the conduct of hearing using documents that have been electronically filed.
A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury lawyers primarily practice in the area of law known as tort law. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.
Traffic collision reconstruction is the process of investigating, analyzing, and drawing conclusions about the causes and events during a vehicle collision. Reconstructionists conduct collision analysis and reconstruction to identify the cause of a collision and contributing factors including the role of the driver(s), vehicle(s), roadway and general environment. Physics and engineering principles are the basis for these analyses and may involved the use of software for calculations and simulations. Collision reconstruction is sometimes used as the basis of expert witness testimony at trials. Collision reconstructions are typically performed in cases involving fatalities or personal injury. Results from collision reconstructions are also sometimes used for making roads and highways safer, as well as improving safety aspects of motor vehicle designs. Reconstructions are typically conducted by forensic engineers, specialized units in law enforcement agencies, or private consultants.
Robert ("Bob") Charles Mionske is a two-time U.S. Olympic racing cyclist and U.S. National Champion (1990). In the 1988 Summer Olympics, held in Seoul, South Korea, he placed fourth in the Individual Road Race. He retired from professional cycling in 1993 and is now an attorney based in Portland, Oregon, with a practice in bicycle law. He wrote Legally Speaking, a national column on bicycle law, between 2002 and 2009, and has also written Bicycling & the Law: Your Rights as a Cyclist, a book on bicycle law published in August 2007. Mionske has written his Legally Speaking column on bicycle law for VeloNews and his Road Rights column on bicycle law for Bicycling Magazine. In February 2015, Mionske returned to writing his Legally Speaking column at VeloNews.
Bicycle law in the United States is the law of the United States that regulates the use of bicycles. Although bicycle law is a relatively new specialty within the law, first appearing in the late 1980s, its roots date back to the 1880s and 1890s, when cyclists were using the courts to assert a legal right to use the roads. In 1895, George B. Clementson, an American attorney, wrote The Road Rights and Liabilities of Wheelmen, the first book on bicycle law, in which he discussed the seminal cases of the 1880s and 1890s, which were financed by Albert Pope of Columbia Bicycles, and through which cyclists gained the right to the road.
Stephen Martin Kohn is an attorney for Kohn, Kohn & Colapinto, a Washington, D.C., law firm specializing in employment law. The author of the first legal treatise on whistleblowing, Kohn is recognized as one of the top experts in whistleblower protection law. He also has written on the subject of political prisoners and the history of the abrogation of the rights of political protestors.
Kreindler & Kreindler LLP is a U.S. law firm founded in 1950 with offices in New York, California and Massachusetts. The firm specializes in air disaster litigation and has represented plaintiffs in most major aviation disaster litigations. According to the New York Times, Lee Kreindler, a named partner of the firm, was "considered the founder of air disaster law."
Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), was a United States Supreme Court case that held that state and federal courts cannot, on a motion to vacate or to modify an arbitration award, expand the limited scope of judicial review specified in 9 U.S.C. §§ 10 and 11, including terms that were agreed upon by the parties.
NAACP v. Button, 371 U.S. 415 (1963), is a 6-to-3 ruling by the Supreme Court of the United States which held that the reservation of jurisdiction by a federal district court did not bar the U.S. Supreme Court from reviewing a state court's ruling, and also overturned certain laws enacted by the state of Virginia in 1956 as part of the Stanley plan and massive resistance, as violating the First and Fourteenth Amendments to the United States Constitution. The statutes here stricken down by the Supreme Court had expanded the definitions of the traditional common law crimes of champerty and maintenance, as well as barratry, and had been targeted at the NAACP and its civil rights litigation.
Bicycle law is the parts of law that apply to the riding of bicycles.
Forensic biomechanics is the application of biomechanical engineering science to litigation where biomechanical experts determine whether an accident was the cause of an alleged injury. (See "New York State Bar Association Bar Journal November/December 2010 - The Rise of Biomechanical Experts at Trial by Robert Glick, Esq. and Sean O'Loughlin, Esq.) Application of biomechanics to the analysis of an accident involves an accident reconstruction coupled with an analysis of the motions and forces affecting the people involved in the accident. ( See "New York State Bar Association Bar Journal November/December 2010 - The Rise of Biomechanical Experts at Trial by Robert Glick, Esq. and Sean O'Loughlin, Esq.) A biomechanical expert’s testimony on the motions and forces involved in an accident may be both relevant and probative on the issue of injury causation.
Impact litigation or strategic litigation is the practice of bringing lawsuits intended to effect societal change. Impact litigation cases may be class action lawsuits or individual claims with broader significance, and may rely on statutory law arguments or on constitutional claims. Such litigation has been widely and successfully used to influence public policy, especially by left-leaning groups, and often attracts significant media attention.
The Flick Law Firm is an American law firm with locations in Kansas City, Missouri and Overland Park, Kansas. The firm works almost exclusively on personal injury cases for people injured in traffic accidents.
The civil liability of a recreational diver may include a duty of care to another diver during a dive. Breach of this duty that is a proximate cause of injury or loss to the other diver may lead to civil litigation for damages in compensation for the injury or loss suffered.
References
Bicycle Accident Reconstruction and Litigation, by James M. Green, Paul F. Hill, and Douglas Hayduk (Tucson, Arizona: Lawyers & Judges Publishing Co., 1996) ISBN 0-913875-21-X
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