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United States v. Emerson, 270 F.3d 203 (5th Cir. 2001), [1] cert. denied, 536 U.S. 907 (2002), [2] is a decision by the United States Court of Appeals for the Fifth Circuit holding that the Second Amendment to the United States Constitution guarantees individuals the right to bear arms.
The English courts must apply wider international tests and respect any remedies available under the "Applicable Law" or lex causae including any rules on who may claim (e.g. whether a personal representative may claim for a fatal accident) and who the relevant defendant may be (i.e. the English court would have to apply the applicable law's ...
In a noncriminal case in a U.S. District Court, a litigant (or a litigant's attorney) who presents any pleading, written motion or other paper to the court is required, under Rule 11 of the Federal Rules of Civil Procedure, to certify that, to the best of the presenter's knowledge and belief, the legal contentions "are warranted by existing law ...
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Intertemporal law is based on the idea that an action is governed by the law in force at the (local) time of its occurrence. It is therefore irrelevant, for example, that a legal question is only decided by a court at a later point in time, when the previously applicable law is no longer valid.
Ex parte Bollman (1807) was an early case that made many important arguments about the power of the Supreme Court, as well as the constitutional definition of treason. Dred Scott v. Sandford (1857) Dred Scott, a slave owned by a Dr. Emerson, was taken from Missouri to a free state and then back to Missouri again. Scott sued, claiming that his ...
Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred". 28 U.S.C. § 1346(b). Thus, both federal and state law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance of or failure to perform a "discretionary function or duty". [1]
The Yonkers City Council on Tuesday approved settlements totaling $2 million to four former students who alleged they were sexually assaulted or abused by teachers during the 1970s and 1980s.