StatesLaw Category Hearsay Category UnitedStates evidence law eo Onidiro he ... from that rule. There is no all encompassing definition of hearsay in the UnitedStates. However ... of the UnitedStates Constitution . Crawford gives enhanced protection to defendants when the hearsay ... In the UnitedStates Federal Rules of Evidence , separate exceptions are made for public records ...About the legal term the law in England and Wales Hearsay in English law other uses Hearsay See also List of objections law Evidence law Hearsay is the legal term for testimony in a court proceeding where ... to I saw Tom in town, which is direct evidence. Hearsay is not allowed as evidence in the UnitedStates, unless one of about thirty ref cite web title Hearsay Evidence url http criminal.findlaw.com .... ref Rule 801, 28 U.S.C. App. See Rule for Courts Martial 801, Manual for Court Martial, UnitedStates 2005 ed. ref Historically, the rule against hearsay is aimed at prohibiting the use of another ..., in addition to possibly having misinterpreted the speaker s sincerity, etc. The law therefore finds ... hearsay under the Federal Rules of Evidence. Application Generally in common law courts the hearsay ... relaxed in court systems based on the civil law legal system civil law system. In the civil law system ... the evidence brought before them. Note Louisiana , a civil law jurisdiction, does not share the above referenced feature generally found in civil law jurisdictions. With few exceptions, Louisiana follows rules predicated upon the Federal Rules of Evidence. Furthermore, even in common law systems ..., and proceedings before administrative bodies. In criminal law, Crawford v. Washington , 541 U.S. ... Cornell University Law School, Legal Information Institute accessdate February 14, 2012 ref Hearsay ... law evidence in court. These statements relate to exceptions to the general rule on hearsay. Some ... Many states have departed from the approach of the federal rules with respect to inconsistent statements ... more details
wikify date August 2010 Wills, trusts, estates UnitedStates trust law is the body of law regulating the legal instrument for holding wealth known as a Trust law trust . Most law regulating the creation and administration of trusts in the UnitedStates is now statutory at the state level. In August 2004 ... UnitedStates trust law, the term grantor is generally employed. ref B a trustee who administers ... trust law History . In modern times in the UnitedStates, trusts have several principal purposes. Asset .... ref Preface, UTC, p.1 ref Despite the uniform law, however, differences remain, as states still harbor rich differences in fiduciary law. It has been a common practice of American lawyers for the past 150 years or so to choose the law of Massachusetts to govern the disposition of property conveyed in trust. In the absence of a nationally uniform law, their justification was that the courts ... current law. ref Some states also have a version of a tax imposed on inheritances or estates as well ... generally accepted common law principles in Anglo American law regarding trusts into a uniform statutory code for the fifty states, called the Uniform Trust Code UTC . ref See http www.nccusl.org Update uniformact summaries uniformacts s utc2000.asp ref As of October 2009, 24 states have adopted ... of the uniform law is to standardize the law of trusts to a greater extent, given their increased use ... State much like choosing corporate law in Delaware for a new company . Each state adopting the UTC ... exceptions in their own state s law that legislators intend to preserve. Overview Trusts are essentially ... states that the terms of a trust instrument as written by the settlor will control over the default ... way a last will and testament does via a probate proceeding. Many states differ as to their procedures ... American trust law, it is helpful to understanding the terminology and definitions of various ... older common law rules, the Uniform Trust Code presumes that all trusts are revocable unless the terms ... more details
of the Philippines Intellectual property organization United Kingdom trademarklawUnitedStatestrademarklaw Category Trademarklaw by jurisdiction Category Philippine law Category Philippine ... in by others, and must be affixed to goods or articles . Defining concepts in trademarklaw ... bases The first trademarklaw in place in the Philippines was that which Maria Christina of Austria Queen Maria Cristina of Spain promulgated on October 26, 1888. This law accorded trademark rights to the person who registered first. This law was replaced on March 6, 1903 by Act No. 666 or the Trademark and Trade Name Law of the Philippine Islands, which abandoned prior registration in favor of actual use of the mark as the basis for trademark rights. The Philippines, being then a territory of the UnitedStates , incorporated into Act 666 principles upon which the U.S. trademarklaw was founded ... the old trademarklaw. It mandates that the entirety of the marks in question be considered in determining ... Property Code, defines a trademark as any visible sign capable of distinguishing goods . Early ... Republic Act No. 8293 was enacted in compliance with the WTO TRIPS Agreement. Trademark infringement and unfair competition Trademark infringement is an invasion of the property rights of another and is committed ... of being a registered trademark or tradename owner, is entitled to the exclusive use of the mark .... The wide range of practices which constitute unfair competition includes trademark infringement. In the Philippine ... a competitor. Thus, there can be trademark infringement without unfair competition when there exists confusing similarity minus the intent to deceive the public or defraud a competitor. Establishing trademark infringement requires three elements. The trademark owner must prove that the 1 mark is valid ... of trademark infringement is likelihood of confusion. Thus, malice or intent to deceive is not required ... and defraud a competitor. While trademark infringement is a trespass on property right, unfair competition ... more details
Indian trademarklaw provides protection to trademarks statutorily under the Trademark Act, 1999 and also under the common law remedy of passing off . ref name narayanan cite book last Narayanan first P. title Law of Trade Marks and Passing off year 2004 publisher Eastern Law House location Kolkata isbn 9788171772322 edition 6th page 3 ref Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks , a government agency which reports to the Department of Industrial Policy & Promotion India Department of Industrial Policy and Promotion DIPP , under the Ministry of Commerce and Industry India Ministry of Commerce and Industry . References reflist Category Indian trademarklaw Category Trademarklaw by jurisdiction ... more details
Japanese trademarklaw is mainly enacted by Nihongo the Trademark Act Sh hy h of 1959, while protection ... Fusei ky s b shi h . Under Japanese trademarklaw , only registered trademarks establish a trademark right Article 18 , and examination procedure is necessary for trademarks to be registered Article 14 . A person first to file an application may obtain the registration for a trademark over a prior user of the same trademark Article 8 . Effects of trademark right table style table layout ... law Category Trademarklaw by jurisdiction ja ... similar to it is td tr tr td Use of mark identical to registered trademark for td td colspan 2 rowspan 2 style background ffcccc Infringement of trademark right in terms of Trademark Act Article 25 ... Act, if the registered trademark is well known and the use is creating confusion, or if the registered trademark is famous Article 2 1 i and ii td tr tr td Use of mark similar to registered trademark for td tr tr td use of mark neither identical nor similar to registered trademark for td td ... tr td Use of mark identical to unregistered trademark for td td colspan 3 rowspan 2 style background ffffcc Unfair competition in terms of Unfair Competition Prevention Act, if the unregistered trademark is well known and the use is creating confusion, or if the unregistered trademark is famous Article 2 1 i and ii td tr tr td Use of mark similar to unregistered trademark for td tr tr td Use of mark neither identical nor similar to unregistered trademark for td td colspan 3 style background ccccff ... Prevention Act is available, and the translation of the Trademark Act will soon become available ... data2.html . See also Japanese copyright law Japanese patent law External links http law.e gov.go.jp ... &H NO TYPE 2&H NO NO &H FILE NAME S34HO127&H RYAKU 1&H CTG 1&H YOMI GUN 1&H CTG GUN 1 Trademark ... http www.jpo.go.jp tetuzuki e t gaiyo e tr right.htm Procedures for obtaining a trademark right ... more details
intellectual property Unreferenced date August 2010 Canadian trademarklaw provides protection to marks statutorily under the Canadian Trade marks Act and also at common law. Trademarklaw provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors wares i.e., goods and services or both. A mark can be protected either as a registered trade mark under the Act or can alternately be protected by a common law action in passing off . Passing off Main Passing off in Canadian intellectual property law Most of the law of passing off has been inherited from the UK case law. For a successful action in passing off the claimant must first show that the owner of the wares had goodwill or reputation within an identifiable market area. Second, the claimant must show that the other party s use of the mark constitutes misrepresentation of their wares as those of the claimants. Third, the claimant must show that the misrepresentation could potentially or actually did cause harm. Registrable marks A mark must be registrable in order to be fully protected under the Act. Generally, all visual marks can be registered with the exception of marks that possess certain characteristics prohibited by the Act. Among the prohibited characteristics include a mark cannot be registrable if it is primarily merely a family name. a mark that can produce confusion with another vendor s mark a mark that is clearly descriptive or deceptively misdescriptive of the associated ... , the Lego case. See also Intellectual property law in Canada Trademark symbol External links wikibooks Canadian law Trade mark law http laws.justice.gc.ca eng T 13 index.html Trade marks Act R.S.C. ... Property Office. Canadian law DEFAULTSORT Canadian trade mark law Category Canadian trademarklaw ... of identical wares or services. Case Law Mattel, Inc. v. 3894207 Canada Inc. , lexum scc3 2006 22 1 ... more details
Under Canadian trade mark law , the doctrine of functionality provides that features that are primarily functional in nature cannot be registered as Trademark trade marks . ref Kirkbi AG v. Ritvik Holdings Inc. , 2005 3 S.C.R. 302 at para. 42. ref The doctrine of functionality reflects the purpose of trade mark, which is the protection of the distinctiveness of the wares and services associated with a trade mark. ref Kirkbi AG v. Ritvik Holdings Inc. , 2005 3 S.C.R. 302 at para. 42. ref Unlike Canadian patent law patents , trade marks do not protect the utilitarian features of products. ref Kirkbi AG v. Ritvik Holdings Inc. , 2005 3 S.C.R. 302 at para. 43. ref The doctrine of functionality is reflected in section 13 2 of the Trade marks Act , which provides that No registration of a distinguishing guise interferes with the use of any utilitarian feature embodied in the distinguishing guise . ref http laws.justice.gc.ca eng acts T 13 Trade marks Act, R.S.C. 1985, c. T 13 , s. 13 2 . ref On the basis of functionality, courts have denied trade mark protection for such features as the pattern of knobs on Lego blocks LEGO blocks ref Kirkbi AG v. Ritvik Holdings Inc. , 2005 3 S.C.R. 302. ref and the shape of the head of an electric razor. ref Remington Rand Corp. v. Philips Electronics N.V. 1995 , 64 C.P.R. 3d 467 F.C.A. . ref References reflist See also Canadian trade mark law Kirkbi AG v. Ritvik Holdings Inc. Category Canadian trademarklaw ... more details
This list contains an alphabetical listing of historically significant or leading case law in the area of trademarklaw . compactTOC8 side yes top yes num yes A Anheuser Busch, Inc. v. L & L Wings, Inc. , 962 F.2d 316 4th Cir. 1992 C Ciba Geigy Canada Ltd. v. Apotex Inc. 1992 3 S.C.R. 120 Cliffs Notes, Inc. v. Bantam Doubleday Dell Publishing Group, Inc. , 886 F.2d 490 2d Cir. 1989 Consumers Distributing Co. v. Seiko Time Canada Ltd. passing off D Derry v. Peek 1888 LR 14 App Cas 337 E Erven Warnink v. Townend & Sons Ltd. 1979 A.C. 731 H.L. F Frank Reddaway Ltd. v. George Banham 1896 A.C. 199 H.L. Frosty Treats, Inc. v. Sony Computer Entertainment America, Inc. H Houldsworth v. City Glasgow Bank 1818 I Institut National v. Andres Wines Ltd. 1987 16 C.P.R. 3d 385 Ont. H.C. shared goodwill M Mutual of Omaha Ins. Co. v. Novak , 775 F.2d 247 8th Cir. 1985 O Orkin Exterminating Co. Inc. v. Pestco Co. of Canada Ltd. 1985 5 C.P.R. 3d 433 Ont. C.A. passing off P Peek v. Gurney 1873 LR 6 HL 377 People for the Ethical Treatment of Animals v. Doughney , 263 F.3d 359 4th Cir. 2001 Perry v. Truefitt 1842 6 Beav. 66, 49 E.R. 749 first passing off case R Reckitt & Colman Products Ltd. v. Borden Inc. 1990 R.P.C. 341 H.L. packaging S Source Perrier Societe Anonyme v. Fira Less Marketing Co. Ltd. 1983 70 C.P.R. 2d 61 Spalding v. Gamage 1915 84 L.J.Ch. 449 Stork Restaurant Inc. v. Sahati 166 F. 2d 348 1948 9th Circ. Cal. T TrafFix Devices, Inc. v. Marketing Displays, Inc. U Universal City Studios, Inc. v. Nintendo Co., Ltd. 1982 SDNY, USA Y Yale Electric Corp. v. Robertson 26 F. 2d 972 1928 2nd Circ. protection of trade names Category Trademarklaw Category Case law lists by subject Trademark ... more details
Under Canadian trade mark law , confusion is where a Trademark trade mark is similar enough to another trade mark to cause consumers to equate them. Likelihood of confusion plays a central role in trade mark registration, infringement and Passing off trademark registration in Canadian law passing off . ref David Vaver, Intellectual Property Law , 2d ed. Toronto Irwin Law, 2011 at p. 530 ref Whether a trade mark or Trade name trade name is confusing is a Question of fact question of fact . ref Benson & Hedges Canada Ltd. v. St. Regis Tobacco Corp. , 1969 S.C.R. 192 at 199 ref The role of confusion in trade mark law is analogous to the role of Patent infringement in Canadian law substantial infringement in Canadian patent law patent law . ref David Vaver, Intellectual Property Law , 2d ed. Toronto Irwin Law, 2011 at p. 530 ref Definition Section 6 of the Trademarks Act sets out the situations where a trade mark is confusing quotation 6. 2 The use of a trade mark causes confusion with another trade mark if the use of both trade marks in the same area would be likely to lead to the inference ... 1 S.C.R. 824. ref References reflist See also Canadian trade mark law Passing off trademark registration in Canadian law Mattel, Inc. v. 3894207 Canada Inc. Category Canadian trademarklaw cat improve ... from case to case. ref David Vaver, Intellectual Property Law , 2d ed. Toronto Irwin Law, 2011 ... point of a confusion analysis. ref David Vaver, Intellectual Property Law , 2d ed. Toronto Irwin Law, 2011 at p. 532 ref The assessment of resemblance under s. 6 5 e is not limited to similarities ... if they appear to be different. ref David Vaver, Intellectual Property Law , 2d ed. Toronto Irwin Law ... in the marketplace. ref David Vaver, Intellectual Property Law , 2d ed. Toronto Irwin Law, 2011 at p ... words or expressions. ref David Vaver, Intellectual Property Law , 2d ed. Toronto Irwin Law, 2011 ... if it is employed extensively. ref David Vaver, Intellectual Property Law , 2d ed. Toronto Irwin Law ... more details
Following is a list of law review s currently or previously published in the UnitedStates . California Law Review Columbia Law Review , successor to the Columbia Jurist Connecticut Law Review Florida International University College of Law FIU Law Review FIU Law Review Florida Law Review Georgetown Law Journal Harvard Law Review Iowa Law Review Michigan Law Review Mississippi Law Journal New England Law Review Northwestern University Law Review NYU Law Review Penn State Law Review Stanford Law Review Texas Law Review Tulane Law Review UCLA Law Review University of Chicago Law Review Virginia Law Review West Virginia Law Review Yale Law Journal Category American law journals Category UnitedStateslaw related lists Category Lists of academic journals ... more details
Patents USPatentHistory.html title A Brief History of the Patent Law of the UnitedStates ... 14 years. These aspects have carried forward and helped shape the UnitedStates Patent Law . The Statute ... credibility date September 2008 ref On July 4, 1836 the UnitedStates Patent and Trademark Office Patent Office became a part of the UnitedStates Department of State State Department as a result of the enormous ... special 1836fire.htm title One Hot Commodity Great Patent Fire of 1836 UnitedStates Patent Office work Kids pages publisher UnitedStates Patent and Trademark Office accessdate 16 December 2011 ref ... publisher UnitedStates Patent and Trademark Office accessdate 16 December 2011 December 15, 2011 was the Sesquicentennial .... A Brief History of the Patent Law of the UnitedStates . New York, 1999. Web Page. http www.ladas.com ... DC, 2006. UnitedStates Patent and Trademark Offices. Ed. USPTO. 7 27 2006 USPTO. http www.archives.gov ... Historic UnitedStates Patents, 1836 1853 DEFAULTSORT History Of UnitedStates Patent Law Category UnitedStates patent law Category Legal history of the UnitedStates Patent law ... Writings and Discoveries From the UnitedStates Constitution , Article One of the United ... ref After independence, and prior to the formal drafting of the UnitedStates Constitution , many ... Congress of the UnitedStates , VI 1982 , 1626 1632. ref The Patent Act empowered any two of The UnitedStates Secretary of State Secretary of State , the UnitedStates Secretary of War Secretary of War , and the UnitedStates Attorney General Attorney General to grant a patent to a petitioning ... for the UnitedStates in 1790, the Patent Act has been periodically amended or replaced. One of the first ... Office was transferred from the State Department to the UnitedStates Department of the Interior ... heard in the newly established UnitedStates Court of Appeals for the Federal Circuit Court of Appeals ... that were rejected by the Patent Office could appeal to the Chief Justice of the UnitedStates Chief ... more details
for the UK company law concept Unfair prejudice in United Kingdom company law Unfair prejudice in UnitedStates evidence law may be grounds for excluding relevant evidence. ref Federal Rules of Evidence 403 ref Unfair prejudice as used in Rule 403 is not to be equated with testimony simply adverse to the opposing party. Virtually all evidence is prejudicial or it is not material. The prejudice must be unfair . ref Dollar v. Long Mfg., N.C. Inc. , 561 F.2d 613, 618 5th Cir. 1977 ref Notes reflist External links http www.law.cornell.edu rules fre ACRule403.htm Committee Notes on Federal Rules of Evidence 403 US law stub Category UnitedStates federal law Category UnitedStates evidence law ... more details
Orphan date December 2011 The following outline of Evidence law evidence law in the UnitedStates sets forth the areas of contention that generally arise in the presentation of evidence in Trial law trial proceedings. Relevance Relevance law Relevance Public policy doctrines for the exclusion of relevant evidence Legal burden of proof Burden of proof Types of evidence Testimony Foundation evidence Laying a foundation Eyewitness identification Character evidence Habit evidence Similar fact evidence Documentary evidence Authentication law Authentication Best evidence rule Self authenticating document s Ancient document s Parol evidence rule Physical evidence Chain of custody Real evidence Digital evidence Exculpatory evidence Scientific evidence law Scientific evidence Genetic fingerprinting DNA evidence as evidence in criminal trials Genetic DNA Demonstrative evidence Lies evidence Lies Judicial notice Judicial notice Witnesses Witness es Competence law Competence Dead man statute Direct examination Cross examination Witness impeachment Recorded recollection Expert witness es Privileges Privilege evidence Privilege Hearsay and exceptions Hearsay in English law Hearsay in UnitedStateslaw Confession legal Confessions Business records exception Excited utterance Dying declaration Party admission Ancient document s Declarations against interest Present sense impression Res gestae Learned treatise Implied assertion Category Outlines Evidence law in the UnitedStates Category Evidence law ... more details
This is a list of notable patent law cases in the UnitedStates in chronological order. The cases have been decided notably by the UnitedStates Supreme Court , the UnitedStates Court of Appeals for the Federal ... binding on all UnitedStates district court s and the UnitedStates Patent and Trademark Office ... Supreme Court decision Category UnitedStates copyright case law External links http www.bitlaw.com ... Patent law cases, List of UnitedStates Category UnitedStates patent case law Category Case ... v. UnitedStates Supreme Court, 1894. Patent infringement against the UnitedStates. 1900 ... in a concentrating ore. UnitedStates v. General Electric Co. Supreme Court, 1926. A patentee .... Held that state law that, in effect, duplicated the protections of the US patent laws was preempted by federal law. Sears, Roebuck & Co. v. Stiffel Co. Supreme Court, 1964. Companion to Compco Corp. v. Day Brite Lighting, Inc. . UnitedStates v. Adams Supreme Court, 1965. Wet battery including a combination ..., thus putting the invention of the electronic digital computer into the public domain. UnitedStates v. Glaxo Group Ltd. Supreme Court, 1973. Relation between patent law and antitrust law. Dann v. Johnston ... of work of the skillful mechanic, not of that of the inventor . In re Wertheim UnitedStates Court of Customs and Patent Appeals UnitedStates Court of Customs Appeals , 1976. Where a claim range ... 2005 Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc. UnitedStates ... to the written description requirement of Title 35 of the UnitedStates Code Section 112 35 U.S.C. ..., Inc. CAFC. Applies KSR style obviousness analysis to invalidate a patent. See also UnitedStates patent ... obviousness as patentability requirement in U.S. patent law. O Reilly v. Morse Supreme Court, 1853. Influential decision in the development of the law of patent eligibility Invalidating method claims .... State law partially duplicating and therefore interfering with federal patent law. 1990 1999 In re ... more details
Diminished capacity in UnitedStateslaw provides for reduced penalties for certain offenders with mental illness. The U.S. Sentencing Guidelines provide, A downward departure may be warranted if 1 the defendant committed the offense while suffering from a significantly reduced mental capacity and 2 the significantly reduced mental capacity contributed substantially to the commission of the offense. ref citation url http www.ussc.gov 2009guid 5k2 13.htm title U.S.S.G. 5K2.13 ref References reflist Category Mental health law in the UnitedStates ... more details
armed federal law enforcement agents and officers than any other department of the UnitedStates government. History Federal law enforcement in the UnitedStates is well over two hundred years old ... Agencies in bold text are LEAs Law Enforcement Agencies Executive Branch UnitedStates Department ... Office of Inspector General USDAOIG UnitedStates Forest Service USFS U.S. Forest Service Law Enforcement ... OPR UnitedStates Secret Service USSS Transportation Security Administration TSA Office of Law ... USFWS UnitedStates Fish and Wildlife Service Office of Law Enforcement Office of Law Enforcement Division of Refuge Law Enforcement UnitedStates Department of Justice Department of Justice USDOJ ... Police UnitedStates Supreme Court Police UnitedStates Probation Service Other federal law enforcement ... Federal Law Enforcement UnitedStates Bureau of Justice Statistics Publications & Products ... in the UnitedStates Lists of law enforcement agencies by country References USGovernment Reflist DEFAULTSORT Federal Law Enforcement In The UnitedStates Category Federal law enforcement agencies of the UnitedStates Category Lists of law enforcement agencies UnitedStates de Liste der Bundespolizeien ... States empowers a wide range of law enforcement agency law enforcement agencies to maintain law ... enforcement authority as given to them under various parts of the UnitedStates Code U.S.C. . Federal ... PATRIOT Act in October 2001. The UnitedStates Department of Justice Department of Justice ... of Justice of the UnitedStates author Langeluttig, Albert publisher Johns Hopkins Press year 1927 pages 9 14 ref It includes the UnitedStates Marshals Service USMS , the Federal Bureau ..., Firearms and Explosives ATF , Federal Bureau of Prisons BOP , and others. In 2002, the UnitedStates .... DHS now includes the UnitedStates Secret Service USSS , which protects the president and vice president of the UnitedStates, their families and other dignitaries as well as investigating counterfeiting ... more details
This list contains links to various sources of law used in the UnitedStates . Primary sources Federal Constitution of the UnitedStates Statutes List of UnitedStates federal legislation http assembler.law.cornell.edu uscode topn Acts listed by popular name , via Cornell University UnitedStates Statutes at Large http memory.loc.gov ammem amlaw lwsllink.html Volumes 1 through 18, 1789 1875 , via Library of Congress Public Law s PL http www.gpoaccess.gov plaws index.html Current Congress only , via the U.S. Government Printing Office http www.gpoaccess.gov plaws browse.html 104th Congress through current Congress , via the U.S. Government Printing Office UnitedStates Code USC http www4.law.cornell.edu uscode TITLES U.S. Code , via Cornell University http www.gpoaccess.gov uscode browse.html U.S. Code , via the U.S. Government Printing Office http caselaw.lp.findlaw.com casecode uscodes toc.html U.S. Code , via FindLaw.com http uscode.house.gov U.S. Code via house.gov http www.uscodesurf.com U.S. Code , via USCodeSurf.com Administrative regulations Code of Federal Regulations CFR List of UnitedStates federal executive orders EO Court precedents http www.findlaw.com casecode Findlaw Cases and Codes UnitedStates Reports Supreme Court cases Lists of UnitedStates Supreme Court cases Federal Reporter Courts of Appeals and Federal Claims cases List of notable UnitedStates Courts of Appeals ... List of Uniform Acts UnitedStates American Jurisprudence Corpus Juris Secundum Restatement of the Law Restatements of the Law Casebook s Law review s See also UnitedStateslaw List of legal abbreviations Legal research Legal Research in the UnitedStates For more information on official, unofficial ... Association of Law Libraries , 2007. Category UnitedStateslaw Category Legal research ... cases States State constitution State Constitutions Generally Court precedents List of notable UnitedStates state supreme court cases http www.findlaw.com casecode Findlaw Cases and Codes Statutes ... more details
Orphan date November 2006 On finding the simple categorization of UnitedStates Supreme Court articles on Wikipedia insufficient for purposes of easily searching for case law that deals with a certain topic, this index is being created to make things easier. Topics are listed alphabetically. If a topic has a sub topic, the subtopic is listed under the main topic. i.e. Establishment Clause is listed under F as a sub topic of First Amendment to the UnitedStates Constitution First Amendment , rather than E Hopefully, this will serve the needs of people looking for case law relating to a certain topic. E Ex post facto law Ex Post Facto Clause Calder v. Bull , 3 U.S. 386 1798 F Fourth Amendment to the UnitedStates Constitution Fourth Amendment Search and seizure Search and Seizure Clause Ex Parte Bollman , 8 U.S. 75 1807 H Habeas corpus Ex Parte Bollman , 8 U.S. 75 1807 J Judicial review Judicial Review Hylton v. UnitedStates , 3 U.S. 171 1796 Marbury v. Madison , 5 U.S. 137 1803 Jurisdiction Federal question jurisdiction Federal Question State vs. Citizens of another State Chisholm v. Georgia , 2 U.S. 419 1793 S Sovereign Immunity Chisholm v. Georgia , 2 U.S. 419 1793 T Tax ing power Hylton v. UnitedStates , 3 U.S. 171 1796 DEFAULTSORT UnitedStates Case Law Topical Index Category UnitedStateslaw Category Case law lists Category Case law lists by subject ... more details
Like the other autonomous member churches of the Anglican Communion , the Episcopal Church in the UnitedStates has its own system of canon law . Unlike the system of canon law in the Church of England , which continues to be drawn from the canon law of the Western church , English ecclesiastical law did not remain in force in the Episcopal Church after the American Revolution . ref name varcon32 Cite journal last Podmore first Colin title A Tale of Two Churches The Ecclesiologies of The Episcopal Church and the Church of England Compared journal International Journal for the Study of the Christian Church volume 8 issue 2 page 127 date May year 2008 ref There are two parallel systems of canon law within the church operating on a national level, governed by the General Convention , and on a diocesan level, with each diocesan convention empowered to create constitutions and canons. Diocesan constitutions do not require the approval of the General Convention. The Episcopal Church is notable among Anglican Churches for the extent to which the Constitution and Canons of the General Convention leave matters to regulation at the diocesan and parish levels. ref name TaleofTwo134 Podmore, 134 ref See also Canon law Anglican Communion References Reflist External links http www.churchpublishing.org general convention index.cfm?fuseaction candc Constitution and Canons of the Episcopal Church Category Episcopal Church in the UnitedStates of America Category Canon lawUnitedStates Category Anglican theology and doctrine christianity stub ... more details
main Law school in the UnitedStates Cleanup link rot date June 2011 TOC right Law schools in this list ... California Sacramento McGeorge School of Law , University of the Pacific UnitedStates University ... Law school in the UnitedStates Legal education in the UnitedStatesLaw school rankings in the UnitedStates Correspondence law school Online law school List of law school GPA curves List of law schools attended by UnitedStates Supreme Court Justices Notes reflist 2 External links http www.abanet.org ... lawschools.html List of Law Schools in UnitedStates of America http www.nalplawschoolsonline.org ... News University Directory UnitedStates topic title List of law schools in the UnitedStates by political ... List Of Law Schools In The UnitedStates Category Law schools in the UnitedStates Category Lists of law schools UnitedStates ... in alphabetical order by state, then name. Most of these law schools grant the Juris Doctor degree, which is the typical first professional degree in law in the UnitedStates. Alaska is the only state without a law school. Law schools are nationally accredited by the American Bar Association ... ABA accredited law schools, divided between 198 with full accreditation and two with provisional ... of ABA approved law schools . For an explanation of ABA accreditation, see http www.abanet.org legaled ... is open to non ABA accredited schools. The California State Bar also accredits law schools, which ... upon graduation. No Correspondence law school correspondence or online law schools are accredited ... CLC Law Schools ref However, twelve correspondence and online law schools, although not accredited ... of these distance learning law schools can sit for the California Bar Examination and, under varying circumstances, the bar exams in many other states. Current class wikitable sortable State ... School of Law ref http www.bsol.com BSOL Welcome Bot generated title ref Private Alabama 1915 Alabama ... more details
An exigent circumstance , in the UnitedStates American law of criminal procedure , allows law enforcement to enter a structure without a warrant law warrant , or if they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. It must be a situation where people are in imminent danger, evidence law evidence faces imminent destruction, or a suspect will escape. In the criminal procedure context, exigent circumstance means blockquote An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials. ref People v. Ramey , 545 P.2d 1333,1341 Cal. 1976 ref blockquote blockquote Those circumstances that would cause a reasonable person to believe that entry or other relevant prompt action was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts. ref UnitedStates v. McConney , 728 F.2d 1195 ... is a mixed question of law and fact. ref UnitedStates v. Anderson , 154 F. 3d 1225 10th Cir, 1998 cert ... of the evidence. ref UnitedStates v. Reed , 935 F. 2d 641 4th Cir. , cert. denied, 502 U.S. 960 .... ref See Grosenheider, supra and UnitedStates v. David , 756 F. Supp. 1385 D. Nev. 1991 ref See also Plain view doctrine Notes reflist External links http www.lectlaw.com def e063.htm Lect Law definition spacing Criminal procedure Category UnitedStates Fourth Amendment case law de Gefahr im ... of probable cause the seriousness of the offense and likelihood of destruction of Evidence law evidence ... needed to get a Warrant law warrant whether evidence is about to be removed or destroyed danger ... more details
History of labor law in the UnitedStates refers to the development of US labor law , or legal relations between workers, their employers and trade union s in the UnitedStates of America. Pre independence History of UK labour law Nineteenth century Thirteenth Amendment to the UnitedStates Constitution Thirteenth Amendment Commonwealth v. Pullis 1806 or the Philadelphia Cordwainers case , holding unions were criminal conspiracies Commonwealth v. Hunt 1842 , holding that workers have the right to organize and strike. Vegelahn v. Guntner , 167 Mass. 92 1896 Holmes J dissenting in the Massachusetts Supreme Court , argued that organisation on the worker side is necessary to counter combination on the side of capital, if the market is to work fairly. Horace Gray Wood , Master and Servant 1877 Antitrust and the Lochner era see also US antitrust law Sherman Act of 1890 Loewe v. Lawlor http www.law.cornell.edu supct html historics USSC CR 0208 0274 ZS.html 208 U.S. 274 1908 or The Danbury Hatters case Lochner v. New York , ussc 198 45 1905 Clayton Act of 1914 Duplex Printing Press Co. v. Deering , 41 S. Ct. 172 1921 Modern labour law see also New Deal Railway Labor Act of 1926 Norris LaGuardia Act of 1932 Apex Hosiery Co. v. Leader , 310 U.S. 469 1940 UnitedStates v. Hutcheson , 312 US 219 1941 National Labor Relations Act of 1935 NLRB v. Jones & Laughlin Steel Corp Fair Labor Standards Act of 1938 , minimum wage and overtime Employment Act of 1946 Post war regulation Labor Management Relations Act of 1947 or the Taft Hartley Act , no secondary action, closed shop, enforceable collective ... Of Labor Law In The UnitedStates Category Labor history Category History of labor relations in the UnitedStates ... Act of 1988 WARN Act Employee Free Choice Act See also US labor law History of labour law in the United Kingdom Notes reflist 2 References For a more detailed guide Labor unions in the UnitedStates ... more details
cleanup section date October 2007 Common law marriage in the UnitedStates was affirmed by the UnitedStates Supreme Court in Meister v. Moore 96 U.S. 76 1877 , which ruled that Michigan had not abolished common law marriage merely by producing a statute establishing rules for the solemnization of marriages. Common law marriage can still be contracted in 10 states and the District of Columbia , can no longer be contracted in 27 states, and was never permitted in 13 states. The requirements for a common law marriage to be validly contracted differ from state to state. Nevertheless, all states including those that have abolished the contract of common law marriage within their boundaries recognize common law marriages lawfully contracted in those jurisdictions that permit it. Some states that do not recognize common law marriage also afford legal rights to parties to a putative marriage i.e. ... law marriage in the UnitedStates varies by state. In Meister v. Moore , 96 U.S. 76 1877 , the UnitedStates Supreme Court , relying on Hutchins v. Kimmell , 31 Mich. 126 1875 ruled that Michigan had not abolished common law marriage merely by producing a statute which established rules for the solemnization .... References Reflist DEFAULTSORT Common Law Marriage In The UnitedStates Category American society Category Marriage, unions and partnerships in the UnitedStates ... section date September 2010 Common law marriage can still be contracted in ten states Alabama ... 1917 . The following states never permitted common law marriages Arkansas , California ... states including those that have abolished the contract of common law marriage within their boundaries ... law marriage to be validly contracted differ in the eleven states which still permit them. Alabama ... that, if a marriage was solemnized, it could be solemnized only as provided by law. Otherwise, the court found that, as the right to marry existed at common law, the right to marriage according to the tradition ... more details
Software hoarding Copyright infringement Trademark infringement Category UnitedStates patent law Infringement, UnitedStates patent law ...Patent law Intellectual property In the UnitedStates , a patent provides its proprietor with the right to exclude others from utilizing the invention claim patent claim ed in that patent. Should a person utilize that invention, without the permission of the patent proprietor, they may patent infringement infringe that patent . More specifically, an infringement may occur where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its doctrine of equivalents equivalent . ref U.S. specific citation F or a court to find infringement, the plaintiff must show the presence of every element or its substantial equivalent in the accused device. Wolverine World Wide, Inc. v. Nike, Inc., 38 F.3d 1192, 1199 Fed. Cir. 1994 ref No infringement action may be started until the patent is issued. However, pre grant protection is available under usc 35 154 d , which allows a patent owner to obtain reasonable royalty damages for certain infringing activities that occurred before patent s date of issuance. This right to obtain provisional damages requires a patent holder to show that 1 the infringing activities occurred after the publication of the patent application, 2 the patented claims are substantially identical to the claims in the published application, and 3 the infringer had actual notice of the published patent application. Direct infringement A person directly infringes a patent by making, using, offering to sell, selling, or importing into the US any patented invention, without authority, during the term of the patent. ref usc 35 271 Infringement of patent ref Indirect infringement While the UnitedStates Patent Act does not directly distinguish ... Research exemption and Hatch Waxman Act . Remedies Under US law, a patent owner is entitled to the larger ... more details
in order to bar some claims at the threshold. See also UnitedStates administrative law Category UnitedStates administrative case law Category Case law lists by subject Administrative Law ... and capricious review to rulemaking. UnitedStates v. Mead Corp. UnitedStates v. Mead Corp ... Act UnitedStates v. Florida East Coast Railway Co. UnitedStates v. Florida East Coast Railway ...Administrative law Legality of Statutory Schemes Commodity Futures Trading Commission v. Schor Commodity Futures Trading Commission v. Schor 1986 Delegation of judicial power to an agency. Whitman v. American Trucking Associations, Inc. Whitman v. American Trucking Associations, Inc. 2001 delegation of legislative like authority must be governed by an intelligible principle. Immigration and Naturalization Service v. Chadha Immigration and Naturalization Service v. Chadha 1983 Congress may not reserve a legislative veto over delegated authority. Morrison v. Olson Morrison v. Olson 1988 Congressional control over executive branch limitations. Printz v. UnitedStates Printz v. UnitedStates 1997 Federal Government may not commandeer state executive or administrative officials. Gade v. National Solid Wastes Management Association Gade v. National Solid Wastes Management Association 1992 Ways in which Federal law preempts state law. Appropriate Deference to Agency Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc ... where such interpretations were intended by Congress to have the force of law ? Citizens to Preserve ... of law ? How to decide if Congress intended to have the force of law ? Auer v. Robbins Auer ... by Congress to carry the force of law. Universal Camera Corp. v. NLRB Universal Camera Corp ... no law to apply. Richardson v. Perales agency may rely on hearsay evidence over non hearsay evidence .... Kelly Goldberg v. Kelly 1970 When does state or federal law create rights protected by due process ... more details
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