A nuisance fee is a fee, fine, or penalty which is charged to deter an action, rather than to compensate for the costs of that action. [1] For example, a five-dollar penalty for submitting an application late does not compensate for costs associated with processing late submissions, but rather encourages people to submit on time. [2]
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In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons that the filing party or parties believes are sufficient to support a claim against the party or parties against whom the claim is brought that entitles the plaintiff(s) to a remedy. For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages.
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
In contract law, an indemnity is a contractual obligation of one party to compensate the loss incurred by another party due to the relevant acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a "guarantee" is an obligation of one party to another party to perform the promise of a relevant other party if that other party defaults.
The Information Commissioner's Office (ICO) is a non-departmental public body which reports directly to the Parliament of the United Kingdom and is sponsored by the Department for Science, Innovation and Technology. It is the independent regulatory office dealing with the Data Protection Act 2018 and the General Data Protection Regulation, the Privacy and Electronic Communications Regulations 2003 across the UK; and the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 in England, Wales and Northern Ireland and, to a limited extent, in Scotland. When they audit an organisation they use Symbiant's audit software.
In law, filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. If a document is delivered to the clerk and is temporarily placed or deposited with the court, it is said to have been lodged with or received by the court. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline. Usually a filing fee is paid which is part of court costs.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Liquidated damages, also referred to as liquidated and ascertained damages (LADs), are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach. This is most applicable where the damages are intangible.
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney for a client, in or out of court.
In the Roman litigation system, while the Legis Actiones procedure was in force during the early Republic, both parties had to lay down a legal wager at the preliminary hearing, probably to discourage frivolous litigation. In some cases, if the party lost, the wager went to the other party, to compensate him for his inconvenience, rather than to the court to cover costs.
The Offer of Judgment rule is a United States tort reform law aimed at controlling unnecessary litigation and at encouraging settlement. Under this rule, if a settlement offer designated as an offer of judgment is made in civil litigation, the offer is rejected and the final court decision is less favorable than the final offer that was made, then the party who rejected the offer is subject to certain penalties. The same principle can be found in the Calderbank offer jurisprudence in England.
The Environmental Protection Act 1990 is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.
A bill of costs is an itemized list of expenses a prevailing party in a lawsuit or action needs to pay for services procured from a lawyer. It can have varying levels of detail and should describe the nature of the work done by the lawyer for the client, and any other expenses incurred. Recoverable costs vary by jurisdiction but often include copying fees, filing fees, travel expenses, court reporter fees, and electronic legal research costs.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
Mitigation banking is a market-based system of debits and credits that involves restoration, creation, or enhancement of wetlands to compensate for unavoidable impacts to a wetland in another location. It involves a system of mitigation banks, sites where projects to restore, create, or enhance wetlands can be carried out in advance of impacts. The outcomes of these projects are valued through the creation of compensatory mitigation credits that can be purchased from mitigation banks to offset the negative impacts of developments or agriculture expansion on wetlands and aquatic habitats. This process is generally conducted with the aim of achieving no net loss of function and value for specific aquatic habitats, such as in terms of the biodiversity or ecosystem services provided by a wetland.
California Proposition 6, also known as the Safe Neighborhoods Act and The Runner Initiative, is a statutory initiative that appeared on the November 2008 ballot in California. This proposition was rejected by voters on November 4 of that year.
Mugler v. Kansas, 123 U.S. 623 (1887), was an important United States Supreme Court case in which the 7–1 opinion written by John Marshall Harlan with a lone partial dissent by Stephen Johnson Field. The decision laid the foundation for the Supreme Court's later acceptance and defense during the Lochner era of Justice Field's theory of economic substantive due process under the Due Process Clause of the Fourteenth Amendment.
PeerJ is an open access peer-reviewed scientific mega journal covering research in the biological and medical sciences. It officially launched in June 2012, started accepting submissions on December 3, 2012, and published its first articles on February 12, 2013.
An article processing charge (APC), also known as a publication fee, is a fee which is sometimes charged to authors. Most commonly, it is involved in making an academic work available as open access (OA), in either a full OA journal or in a hybrid journal. This fee may be paid by the author, the author's institution, or their research funder. Sometimes, publication fees are also involved in traditional journals or for paywalled content. Some publishers waive the fee in cases of hardship or geographic location, but this is not a widespread practice. An article processing charge does not guarantee that the author retains copyright to the work, or that it will be made available under a Creative Commons license.
In the United States, criminal justice financial obligations (CJFOs), alternatively monetary sanctions or legal financial obligations, refers to costs paid by individuals as a result of their involvement in the criminal justice system. CJFOs consist of fines, property forfeiture, costs, fees, and victim restitution, and may also include payment for child support. They have their roots in European laws going back to the Middle Ages, and although they fell out of favor in the US in the early 19th century, regained popularity in the mid to late 20th century, to become the most common form of punishment used by the criminal justice system across the country.