Misplaced Pages

#33966

40-435: (Redirected from JOIN ) Join may refer to: Join (law) , to include additional counts or additional defendants on an indictment In mathematics: Join (mathematics) , a least upper bound of sets orders in lattice theory Join (topology) , an operation combining two topological spaces Join (sigma algebra) , a refinement of sigma algebras Join (algebraic geometry) ,

80-433: A claim. Under Rule 42 of Federal Rules of Civil Procedure, the court, if actions involve a common question of law or fact, may join any or all issues or consolidate the actions or issue any other orders to avoid unnecessary cost or delay. The court may also order a separate trial of one or more separate issues or claims for convenience, to avoid prejudice, or to expedite or improve economy. Cases may be joined "on account of

120-591: A concurrent computing API from Microsoft Research Join Network Studio of NENU , a non-profit organization of Northeast Normal University Joins.com , the website for South Korean newspaper JoongAng Ilbo Joining (woodworking) , woodworking processes of combining two or more pieces of wood together, generally through the use of nails. See also [ edit ] Joiner (disambiguation) The Joining (disambiguation) Joint (disambiguation) Joyn (disambiguation) Topics referred to by

160-495: A court of that state would decide the issue or, if that state accepts certified questions from federal courts when state law is unclear or uncertain, ask an appellate court of that state to decide the issue. Notably, the only federal court that can issue proclamations of federal law that bind state courts is the Supreme Court itself. Decisions of the lower federal courts, whether on issues of federal law or state law (when

200-541: A donor to the terms and conditions of the trust. US federal court [REDACTED] [REDACTED] The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court ,

240-461: A few situations (like lawsuits between state governments or some cases between the federal government and a state) it sits as a court of original jurisdiction. The United States courts of appeals are the intermediate federal appellate courts. They operate under a system of mandatory review which means they must hear all appeals of right from the lower courts. In some cases, Congress has diverted appellate jurisdiction to specialized courts, such as

280-580: A three-judge panel decides a case, all the judges in the circuit may rehear the case en banc . Decisions of the U.S. Courts of Appeals can be appealed to the Supreme Court, but the Court of Appeals is the "end of the line" for most federal cases. Although several other federal courts bear the phrase "Court of Appeals" in their names—such as the U.S. Court of Appeals for Veterans Claims —they are not Article III courts and are not considered to sit in appellate circuits. The United States district courts are

320-568: A union of lines between two varieties In computing: Join (relational algebra) , a binary operation on tuples corresponding to the relation join of SQL Join (SQL) , relational join, a binary operation on SQL and relational database tables join (Unix) , a Unix command similar to relational join Join-calculus , a process calculus developed at INRIA for the design of distributed programming languages Join-pattern , generalization of Join-calculus Joins (concurrency library) ,

360-412: Is a discretionary period after the initial filing, during which original pleadings may be amended as a matter of course. Parties or claims or both may be joined during that time. However, if the time for modifying the pleadings has passed, the pleading can be amended with the permission of the opposing party or the judge though this permission is frequently granted. Rule 15 describes the process for amending

400-411: Is different from Wikidata All article disambiguation pages All disambiguation pages Join (law) Joinder in criminal law is the inclusion of additional counts or additional defendants on an indictment . In English law , charges for any offence may be joined in the same indictment if those charges are founded on the same facts or form or are a part of a series of offences of

440-496: Is impossible, for example if the court does not have jurisdiction over the party. In contrast, if "indispensable" parties cannot be joined, the litigation cannot go forward. Courts have some discretion in determining what parties are indispensable, but the Federal Rules provide some guidelines. Rules 18 and 20 have different effects depending on when they are invoked. Joinder may occur as part of an original pleading. There

SECTION 10

#1732772288034

480-411: Is needed. This extends to the incomplete disclosure of gifts, including luxury trips, for judges throughout the judiciary, which hampers the ability of the public to know whether there are enough conflicts of interest to warrant a recusal . Suja A. Thomas argues the federal judiciary has taken most of the constitutionally-defined power from juries in the United States for itself thanks in part to

520-404: Is when a party might end up with inconsistent obligations; for example, they may be required by two different courts to grant two different parties exclusive rights to the same piece of property. Those and similar issues are avoided by joining the parties in one lawsuit. However, while "necessary" parties must be joined if that joinder is possible, the litigation will continue without them if joinder

560-625: The Court of Appeals for the Armed Forces , as well as Article I courts with appellate jurisdiction over specific geographic areas such as the District of Columbia Court of Appeals . The Article I courts with original jurisdiction over specific subject matter include the bankruptcy courts (for each district court), the Court of Federal Claims , and the Tax Court . Article IV courts include

600-563: The Court of Appeals for the Federal Circuit ). Besides these federal courts, described as Article III courts, there are other adjudicative bodies described as Article I or Article IV courts in reference to the article of the Constitution from which the court's authority stems. There are a number of Article I courts with appellate jurisdiction over specific subject matter including the Court of Appeals for Veterans Claims and

640-607: The Foreign Intelligence Surveillance Court of Review . The U.S. Courts of Appeals are divided into 13 circuits: 12 regional circuits, numbered First through Eleventh ; the District of Columbia Circuit ; and a 13th circuit, the Federal Circuit , which has special jurisdiction over appeals involving specialized subjects such as patents and trademarks . Nearly all appeals are heard by three-judge panels, but on rare occasions, after

680-800: The High Court of American Samoa and territorial courts such as the District Court for the Northern Mariana Islands , District Court of Guam , and District Court of the Virgin Islands . The United States District Court for the District of Puerto Rico was transformed from an Article IV court to an Article III court in 1966, and reform advocates say the other territorial courts should be changed as well. Federal judges, like Supreme Court justices, are appointed by

720-527: The Senate to serve until they resign, are impeached and convicted, or die. All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no state court may include this designation as part of its name. The federal courts are generally divided between trial courts, which hear cases in the first instance, and appellate courts, which review contested decisions made by lower courts. The Supreme Court of

760-459: The U.S. Courts of Appeals , and the U.S. District Courts . It also includes a variety of other lesser federal tribunals. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction . Article III states that federal judges are appointed by the president with the consent of

800-536: The US federal court system, joinder of claims is governed by Rule 18 of the Federal Rules of Civil Procedure . The rule allows claimants to consolidate all of their claims that they have against an individual who is already a party to the case. Claimants may bring new claims even if the new claims are not related to the claims already stated; for example, a plaintiff suing someone for breach of contract may also sue

840-461: The abstention doctrine and the Rooker–Feldman doctrine limit the power of lower federal courts to disturb rulings made by state courts . The Erie doctrine requires federal courts to apply substantive state law to claims arising from state law (which may be heard in federal courts under supplemental or diversity jurisdiction). In difficult cases, the federal courts must either guess as to how

SECTION 20

#1732772288034

880-665: The president with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die. Under Article I of the federal Constitution, Congress also has the power to establish other tribunals, which are usually quite specialized, within the executive branch to assist the president in the execution of his or her powers. Judges who staff them normally serve terms of fixed duration, as do magistrate judges . Judges in Article I tribunals attached to executive branch agencies are referred to as administrative law judges (ALJs) and are generally considered to be part of

920-455: The Constitution came into force in 1789, Congress gained the authority to establish the federal judicial system as a whole. Only the Supreme Court was established by the Constitution itself. The Judiciary Act of 1789 created the first inferior (i.e., lower) federal courts established pursuant to the Constitution and provided for the first Article III judges. Virtually all U.S. law schools offer an elective course that focuses specifically on

960-854: The IRS has already lost a case on that issue in that circuit. The Articles of Confederation provided a clear basis for the initial establishment of United States of America judicial authority by Congress prior to the Constitution. This authority, enumerated by Article IX, allowed for the establishment of United States jurisdiction in the trial of piracies and felonies committed on the high seas, final appeals from state court decisions in all cases of captures of enemy ships, last resort for resolution of disputes between two or more states (including disputes over borders and jurisdiction), and final determination of controversies between private parties arising from conflicting land grants issued by two or more states prior to settlement of which state actually has jurisdiction over

1000-494: The Internal Revenue Service, nonacquiescences (published in a series of documents called Actions on Decisions) "generally do not affect the application of stare decisis or the rule of precedent ". The IRS "will recognize these principles and generally concede issues accordingly during administrative proceedings". In rare cases, however, the IRS may continue to litigate a legal issue in a given circuit even where

1040-679: The U.S. District Courts for the Northern , Eastern , Western , and Southern Districts of New York . Most cases "are tried by a single judge, sitting alone". In certain cases, Congress has diverted original jurisdiction to specialized courts, such as the Court of International Trade , the Foreign Intelligence Surveillance Court , the Alien Terrorist Removal Court , or to Article I or Article IV tribunals . The district courts usually have jurisdiction to hear appeals from such tribunals (unless, for example, appeals are to

1080-410: The United States is the court of last resort . It generally hears appeals from the courts of appeals (and sometimes state courts), operating under discretionary review , which means that the Supreme Court can choose which cases to hear, by granting petitions for writs of certiorari . There is therefore generally no basic right of appeal that extends automatically all the way to the Supreme Court. In

1120-679: The connection between them" by the President of the Court after hearing the Judge-Rapporteur and the Advocate General , and (except in national cases requesting a preliminary ruling), after also hearing the parties. Where appropriate joined cases may be subsequently disjoined. Joinder agreements are commonly used in mergers and acquisitions to bind individual shareholders to the terms of an existing merger agreement or shareholder agreement, and in trust practice to bind

1160-620: The executive branch even though they exercise quasi-judicial powers. With limited exceptions, they cannot render final judgments in cases involving life, liberty, and private property rights, but may make preliminary rulings subject to review by an Article III judge. The 30,000 people who work for the judiciary have mostly no workplace protections unlike millions of employees around the United States, including in U.S. Congress, who have more civil rights as employees. The judiciary has been critiqued as an example of how self-policing does not work and transparency and accountability from an independent body

1200-418: The general federal trial courts. There are 94 U.S. District Courts, one for each of the 94 federal judicial districts . The U.S. District Courts and federal judicial districts are organized according to U.S. state boundaries. Depending on a state's population, it may be covered by only a single district court, such as the U.S. District Court for the District of Alaska , or by up to four district courts, such as

1240-403: The influence of legal elites and companies that prefer judges over juries as well as the inability of the jury to defend its power. The Supreme Court has interpreted the Constitution as placing some additional restrictions on the federal courts. For example, the doctrines of mootness , ripeness , and standing prohibit district courts from issuing advisory opinions . Other doctrines, such as

Join - Misplaced Pages Continue

1280-415: The litigation. The rule includes several reasons why that might be true, including if that party has an interest in the dispute that they will be unable to protect if they are not joined. For example, if three parties each lay claim to a piece of property, and the first two sue each other, the third will not be able to protect their (alleged) interest in the property if they are not joined. Another circumstance

1320-497: The plaintiff may be barred from bringing claims later by the doctrine of res judicata . For example, if a plaintiff sues for assault and the case is concluded, he may not later sue for battery regarding the same occurrence. Joinder of parties also falls into two categories: permissive joinder and compulsory joinder. Rule 20 of the Federal Rules of Civil Procedure addresses permissive joinder, which allows multiple plaintiffs to join in an action if each of their claims arises from

1360-401: The plaintiff will sue the manufacturer of the final product and the manufacturers of any constituent parts. The court must have personal jurisdiction over every defendant joined in the action. Compulsory joinder is governed by Rule 19 of the Federal Rules of Civil Procedure, which makes it mandatory for some parties be joined. Parties that must be joined are those necessary and indispensable to

1400-407: The question was not certified to a state court), are persuasive but not binding authority in the states in which those federal courts sit. Some commentators assert that another limitation upon federal courts is executive nonacquiescence in judicial decisions, where the executive simply refuses to accept them as binding precedent . In the context of administration of U.S. internal revenue laws by

1440-425: The same or a similar nature. A number of defendants may be joined in the same indictment even if no single count applies to all of them if the counts are sufficiently linked. The judge retains the option to order separate trials. Joinder in civil law falls under two categories: joinder of claims and joinder of parties. Joinder of claims refers to bringing several legal claims against the same party together. In

1480-406: The same person for assault. The claims may be unrelated, but they may be joined if the plaintiff desires. Joinder of claims requires the court to have jurisdiction over the subject matter of each of the new claims and is never compulsory. A party who sues for breach of contract can bring his suit for assault at a later date if he chooses. However, if the claims are related to the same set of facts,

1520-405: The same term [REDACTED] This disambiguation page lists articles associated with the title Join . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Join&oldid=1249078871 " Category : Disambiguation pages Hidden categories: Short description

1560-438: The same transaction or occurrence, and if there is a common question of law or fact relating to all plaintiffs' claims. For example, several landowners may join together in suing a factory for environmental runoff onto their property. Permissive joinder is also appropriate to join multiple defendants as long as the same considerations as for joining multiple plaintiffs are met. That often occurs in lawsuits regarding faulty products;

1600-528: The territory. The Court of Appeals in Cases of Capture was the first United States court established by the United States. Additional United States courts were established to adjudicate border disputes between the states of Connecticut and Pennsylvania , New York and Massachusetts , Georgia and South Carolina . A United States court was also established for the Northwest Territory . When

#33966