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106-742: It was created by an Act of July 14, 1977 which became operative on January 1, 1978. The board was the subject of widespread news coverage when the board sued the Malheur Enterprise , a small weekly newspaper in Vale , to keep the board's records secret after the Oregon Attorney General ordered their release. The records concerned a psychiatric patient of the Oregon State Hospital committed in 1997 after kidnapping and threatening to kill his wife and son, who

212-455: A civil court of law . The archaic term " suit in law " is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court . The defendant is required to respond to the plaintiff's complaint or else risk default judgment . If

318-539: A confederacy and a unitary state . The U.S. Constitution was written as a replacement for the Articles of Confederation , under which the United States was a loose confederation with a weak central government. In contrast, Europe has a greater history of unitary states than North America, thus European "federalism" argues for a weaker central government, relative to a unitary state. The modern American usage of

424-767: A confederation , (see "pathway" graphic re regional integration or regional separation). Federalism may encompass as few as two or three internal divisions, as is the case in Belgium or Bosnia and Herzegovina . In Canada , federalism typically implies opposition to sovereignty movements—most commonly the question of Quebec separatism . In 1999, the Government of Canada established the Forum of Federations as an international network for exchange of best practices among federal and federalizing countries. Headquartered in Ottawa ,

530-436: A jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction. Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with

636-413: A voluntary dismissal , so that the settlement agreement is never entered into the court record. The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records. In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on or reducing

742-539: A "civil action." In England and Wales the term "claim" is far more common; the person initiating proceedings is called the claimant . England and Wales began to turn away from traditional common law terminology with the Rules of the Supreme Court (1883), in which the "statement of claim" and "defence" replaced the traditional complaint and answer as the pleadings by which parties placed their case at issue before

848-612: A condition originally granted in exchange for the Kingdom of Bavaria 's agreement to join the German Empire in 1871. The constitutions of Germany and the United States provide that all powers not specifically granted to the federal government are retained by the states. The Constitution of some countries, like Canada and India , state that powers not explicitly granted to the provincial/state governments are retained by

954-409: A copy of the complaint to notify the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an answer stating their defenses to the plaintiff's claims, which includes any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff. In a handful of jurisdictions (notably,

1060-540: A country's national and provincial/state governments. However, the term federalist comprises various political practices that differ in important details among the (so-called) federalist nations—some of which are democratic in name only (e.g., modern Russia )—leaving the terms "federalist", "federalism", "federation", etc., dependent on context. And, because the term federalization also proclaims distinctive political processes, its use also depends on context. Typically, political theory today discusses two main types of

1166-528: A federation is formed at two levels: the central government and the regions (states, provinces, territories), and little to nothing is said about second or third level administrative political entities. Brazil is an exception, because the 1988 Constitution included the municipalities as autonomous political entities making the federation tripartite, encompassing the Union, the States, and the municipalities. Each state

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1272-402: A federation, the division of power between federal and regional governments is usually outlined in the constitution . Almost every country allows some degree of regional self-government, but in federations the right to self-government of the component states is constitutionally entrenched. Component states often also possess their own constitutions which they may amend as they see fit, although in

1378-401: A history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem). The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal. When

1484-406: A majority of the states or cantons. In Australia, this latter requirement is known as a double majority . Some federal constitutions also provide that certain constitutional amendments cannot occur without the unanimous consent of all states or of a particular state. The US constitution provides that no state may be deprived of equal representation in the senate without its consent. In Australia, if

1590-438: A mechanism (a safeguard) against the possibilities of rebellion or war—or the rise of repressive government via a would-be dictator or a centralized oligarchy . Proponents of federal systems have historically argued that the structures of checks-and-balances and power-sharing that are inherent in a federal system reduces threats—both foreign and domestic. And federalism enables a state to be both large and diverse , by mitigating

1696-563: A multi-state setting—with the concept termed a "federal union of states", as situated on the pathway (sprectrum) of regional-integration or regional-separation . Examples of federalism today, i.e., the federation of a central/federal government with regional sub-unit governments, include: Argentina , Australia , Austria , Belgium , Bosnia and Herzegovina , Brazil , Canada , Ethiopia , Germany , India , Iraq , Malaysia , Mexico , Micronesia , Nepal , Nigeria , Pakistan , Russia , Somalia , South Sudan , Sudan , Switzerland ,

1802-661: A particular region or regions. In Spain, the Basques and Catalans , as well as the Galicians , spearheaded a historic movement to have their national specificity recognized, crystallizing in the "historical communities" such as Navarre , Galicia , Catalonia , and the Basque Country . They have more powers than the later expanded arrangement for other Spanish regions, or the Spain of the autonomous communities (called also

1908-523: A proposed amendment will specifically impact one or more states, then it must be endorsed in the referendum held in each of those states. Any amendment to the Canadian constitution that would modify the role of the monarchy would require unanimous consent of the provinces. The German Basic Law provides that no amendment is admissible at all that would abolish the federal system. It has been argued that federalism and other forms of territorial autonomy are

2014-408: A reply to this counterclaim. The defendant may also file a " third party complaint ", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for

2120-407: A share of the ultimate settlement or award. If the case ultimately loses, the litigant does not have to pay any of the money funded back. Legal financing is different from a typical bank loan in that the legal financing company does not look at credit history or employment history. Litigants do not have to repay the cash advance with monthly payments, but do have to fill out an application so that

2226-532: A state and provides only limited regional sovereignty, anarchist federalism as envisioned by Pierre-Joseph Proudhon is stateless, providing every autonomy with absolute sovereignty and distinct individuality. The Swiss constitution , in its support of indivisibility and nationhood and its view that its cantons are mere territorial divisions rather than sovereign constituencies, is incompatible with anarchist federalism and its principles of free association , decentralization and autonomy . Anarchist federalism

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2332-530: A stronger central government. When the U.S. Constitution was being drafted, the Federalist Party supported a stronger central government, while " Anti-Federalists " wanted a weaker central government. This is very different from the modern usage of "federalism" in Europe and the United States. The distinction stems from the fact that "federalism" is situated in the middle of the political spectrum between

2438-415: A trial. It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit, with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to default judgment , lack of a valid claim, and other reasons. At trial, each person presents witnesses and

2544-492: A useful way to structure political systems in order to prevent violence among different groups within countries because it allows certain groups to legislate at the subnational level. Some scholars have suggested, however, that federalism can divide countries and result in state collapse because it creates proto-states. Still others have shown that federalism is only divisive when it lacks mechanisms that encourage political parties to compete across regional boundaries. Federalism

2650-415: Is a generalized description of how a lawsuit may proceed in a common law jurisdiction: A lawsuit begins when a complaint or petition, known as a pleading, is filed with the court. A complaint should explicitly state that one or more plaintiffs seek(s) damages or equitable relief from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by

2756-412: Is a gradual movement of power from the component states to the centre, as the federal government acquires additional powers, sometimes to deal with unforeseen circumstances. The acquisition of new powers by a federal government may occur through formal constitutional amendment or simply through a broadening of the interpretation of a government's existing constitutional powers given by the courts. Usually,

2862-416: Is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example, if they wanted a larger award than was granted. The appellate court (which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands. This process would then involve sending

2968-432: Is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces , states , cantons , territories , etc.), while dividing the powers of governing between the two levels of governments. Two illustrative examples of federated countries—one of the world's oldest federations, and one recently organized—are Australia and

3074-440: Is a rejection of the statism and nationalism present in modern federations, and instead provides an alternative system of federative organization founded on stateless individuality and autonomy . For anarchists, republican federalism is as oppressive as a centralized, unitary state , for all it is perceived to accomplish is delegate and transfer the perceived oppression of a state to local levels and jurisdictions . In

3180-533: Is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have

3286-486: Is called appearing pro se . Many courts have a pro se clerk to assist people without lawyers. A pretrial discovery can be defined as "the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial" and allows for the evidence of the trial to be presented to the parties before the initial trial begins. The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery , which

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3392-478: Is divided into municipalities ( municípios ) with their own legislative council ( câmara de vereadores ) and a mayor ( prefeito ), which are partly autonomous from both Federal and State Government. Each municipality has a "little constitution", called "organic law" ( lei orgânica ). Mexico is an intermediate case, in that municipalities are granted full-autonomy by the federal constitution and their existence as autonomous entities ( municipio libre , "free municipality")

3498-497: Is established by the federal government and cannot be revoked by the states' constitutions. Moreover, the federal constitution determines which powers and competencies belong exclusively to the municipalities and not to the constituent states . However, municipalities do not have an elected legislative assembly. Federations often employ the paradox of being a union of states, while still being states (or having aspects of statehood ) in themselves. For example, James Madison (author of

3604-489: Is federated, vs. only part of their territory is federated. Some systems are national while others, like the European Union , are supra-national. Two extremes of federalism are notable: 1) at one extreme, the strong federal state is almost completely unitary, with few powers reserved to local governments; 2) at the opposite extreme, the national government may be a federation in name-only, while actually operating as

3710-437: Is likewise important that the plaintiff select the proper venue with the proper jurisdiction to bring the lawsuit. The clerk of a court signs or stamps the court seal upon a summons or citation, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they are limited in the amount of time to reply. The service provides

3816-399: Is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment , for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince

3922-491: Is represented by an equal number of senators irrespective of the size of its population. Alternatively, or in addition to this practice, the members of an upper house may be indirectly elected by the government or legislature of the component states, as occurred in the United States prior to 1913 , or be actual members or delegates of the state governments, as, for example, is the case in the German Bundesrat and in

4028-516: Is sometimes viewed in the context of international negotiation as "the best system for integrating diverse nations, ethnic groups, or combatant parties, all of whom may have cause to fear control by an overly powerful center." However, those skeptical of federal prescriptions sometimes believe that increased regional autonomy can lead to secession or dissolution of the nation. In Syria , for example, federalization proposals have failed in part because "Syrians fear that these borders could turn out to be

4134-404: Is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop frivolous claims or defenses. At this point, the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial. There is also

4240-442: Is to directly represent the governments of component states in federal political institutions. Where a federation has a bicameral legislature the upper house is often used to represent the component states while the lower house represents the people of the nation as a whole. A federal upper house may be based on a special scheme of apportionment , as is the case in the senates of the United States and Australia, where each state

4346-477: The Articles of Confederation as the general level of government of the original Thirteen Colonies ; and, later in the United States, the Confederate States of America ). And federalism also differs from the unitary state , where the regional level is subordinate to the central/federal government, even after a devolution of powers—and is notable for regional-integration of governing powers , (e.g.,

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4452-535: The Council of the European Union . The lower house of a federal legislature is usually directly elected, with apportionment in proportion to population, although states may sometimes still be guaranteed a certain minimum number of seats. In Canada, the provincial governments represent regional interests and negotiate directly with the central government. A First Ministers conference of the prime minister and

4558-472: The European Union , ultimately leading to the United States of Europe . Although there are medieval and early modern examples of European states which used confederal and federal systems, contemporary European federalism originated in post-war Europe; one of the more important initiatives was Winston Churchill 's speech in Zürich in 1946. In the United States , federalism originally referred to belief in

4664-537: The Federated States of Micronesia , (Micronesia). Johannes Althusius (1563-1638), is considered the father of modern federalism, along with Montesquieu . In 1603, Althusius first described the bases of this political philosophy in his Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata . By 1748, in his treatise The Spirit of Law , Montesquieu (1689-1755) observed various examples of federalist governments: in corporate societies, in

4770-469: The U.S. state of New York ) a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendants. In such jurisdictions, nothing must be filed with the court until a dispute develops requiring actual judicial intervention. If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to

4876-530: The United Arab Emirates , the United States , and Venezuela . The terms "federalism" and "confederalism" share a root in the Latin word foedus , meaning " treaty , pact or covenant ". Until the late eighteenth century their two early meanings were essentially the same: a simple league among sovereign states , based on a treaty; (thus, initially the two were synonyms). It

4982-465: The United Kingdom ). Federalism is at the midpoint of variations on the pathway (or spectrum) of regional-integration or regional-separation . It is bordered on the increasing-separation side by confederalism, and on the increasing-integration side by devolution within a unitary state; (see "pathway" graphic). Some characterize the European Union as a pioneering example of federalism in

5088-689: The United Provinces of the Netherlands (1579–1795); the German Bund (1815–66); the first American union, known as the Confederation of the United States of America (1781–89); and the second American union, formed as the United States of America (1789-present). Modern federalism is a political system that (nominally) is based upon operating under democratic rules and institutions; and where governing powers are shared between

5194-775: The United States Constitution ) wrote in Federalist Paper No. 39 that the US Constitution "is in strictness neither a national nor a federal constitution; but a composition of both. In its foundation, it is federal, not national; in the sources from which the ordinary powers of the Government are drawn, it is partly federal, and partly national..." This stems from the fact that states in the US maintain all sovereignty that they do not yield to

5300-572: The economy . Consequently, anarchist federalism, promoting widespread, common ownership over the means of production , detests the centralized and unequal nature of capitalism , and the hierarchy of its companies and corporations : an anarchist federalist society would envisage widespread, federalized wealth distribution . Comparing republican and anarchist federalism, James Guillaume states that Switzerland 's federative cantonal system , despite its direct democracy , differs significantly from anarchist federalism: while Swiss federalism retains

5406-491: The polis bringing villages together, and in cities themselves forming confederations . In the modern era Federalism was first adopted by a union of the states of the Old Swiss Confederacy as of the mid-14th century. Federalism differs from confederalism , where the central government is created subordinate to the regional states—and is notable for its regional-separation of governing powers, (e.g.,

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5512-407: The "coffee for everyone" arrangement), partly to deal with their separate identity and to appease peripheral nationalist leanings, partly out of respect to specific rights they had held earlier in history. However, strictly speaking Spain is not a federation, but a system of asymmetric devolved government within a unitary state. It is common that during the historical evolution of a federation there

5618-577: The Forum of Federations partner governments include Australia, Brazil, Ethiopia, Germany, India, Mexico, Nigeria, Pakistan and Switzerland. The governments of Argentina , Australia , Brazil , India , and Mexico , among others, are organized along federalist principles. In Europe , "federalist" is sometimes used to describe those who favor a common federal government, with distributed power at regional, national and supranational levels. The Union of European Federalists advocates for this development within

5724-499: The PSRB released because he likely didn't suffer from (and likely never had) a mental disease or defect, and then was subsequently 3 weeks later accused of kidnapping and murdering his ex-wife. This Oregon government -related article is a stub . You can help Misplaced Pages by expanding it . Lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant ) in

5830-508: The Senate ), was overlaid upon the pre-existing regional governments of the thirteen independent States. With each level of government allocated a defined sphere of powers, under a written constitution and the rule of law (that is, subject to the independent third-party arbitration of a supreme court in competence disputes), the two levels were thus brought into a coordinate relationship for the first time. In 1946, Kenneth Wheare observed that

5936-473: The Union and the Member States as concurrent powers are retained by the constituent States. Where every component state of a federation possesses the same powers, we are said to find 'symmetric federalism'. Asymmetric federalism exists where states are granted different powers, or some possess greater autonomy than others do. This is often done in recognition of the existence of a distinct culture in

6042-537: The United States, the meaning of federalism shifted, now referring uniquely to the novel compound-political form established at the Philadelphia Constitution Convention —while the meaning of confederalism remained as a league of states. In a narrow sense, federalism refers to the mode in which the body politic of a state is organized internally—and this is the meaning most often used in modern times. Political scientists, however, use

6148-412: The ability of one to make an under-oath statement during the pretrial, also known as a deposition. The deposition can be used in the trial or just in the pretrial, but this allows for both parties to be aware of the arguments or claims that are going to be made by the other party in the trial. It is notable that the depositions can be written or oral. At the close of discovery, the parties may either pick

6254-482: The ability of one to present claims or defenses at any subsequent trial, or even lead to the dismissal of the lawsuit altogether. Though the majority of lawsuits are settled before ever reaching trial, they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine , for example in the United States ), or vice versa. It

6360-486: The ability to enforce a judgment if the defendant's assets are theoretically outside their reach. Lawsuits can become additionally complicated as more parties become involved (see joinder ). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into

6466-414: The allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against

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6572-425: The approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment. Particularly in the United States, plaintiffs and defendants who lack financial resources for litigation or other attorney's fees may be able to obtain legal financing . Legal financing companies can provide a cash advance to litigants in return for

6678-475: The attorneys representing them are called litigators. The term litigation may also refer to the conducting of criminal actions (see criminal procedure ). The word "lawsuit" derives from the combination of law and suit. Suit derives from the old French "suite, sieute" meaning to pursue or follow. This term was derived from the Latin "secutus", the past participle of "sequi" meaning to attend or follow. Similarly,

6784-463: The basis of a federal society, constituent entities of an anarchist federation are ideally autonomous and self-determining, collaborating equally, freely and mutually within the federation through the values of solidarity and autonomy . Unlike a republican federation, federalism, in anarchy, is not simply a form of political division or devolution , but rather, federative principles apply to all aspects of society, including social relations and

6890-432: The bottom-up, from the periphery to the centre. Higher-order units are merely the direct expression of lower-order units delegating, combining and coordinating. Though there is no central government or administration, higher-order committees and councils , composed of delegates from federal constituencies, may convene under a popular, revocable mandate . Embracing the principle of free and voluntary association as

6996-513: The claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision, and from that point forward participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit. In medieval times, both "action" and "suit" had

7102-669: The codified text of the Ku Klux Klan Act . The fusion of common law and equity in England in the Judicature Acts of 1873 and 1875 led to the collapse of that distinction, so it became possible to speak of a "lawsuit." In the United States , the Federal Rules of Civil Procedure (1938) abolished the distinction between actions at law and suits in equity in federal practice, in favor of a single form referred to as

7208-445: The constitution of the United States must be ratified by three-quarters of either the state legislatures, or of constitutional conventions specially elected in each of the states, before it can come into effect. In referendums to amend the constitutions of Australia and Switzerland it is required that a proposal be endorsed not just by an overall majority of the electorate in the nation as a whole, but also by separate majorities in each of

7314-421: The costs of litigation and attorneys' fees, and for this reason, many litigants turn to reputable legal financing companies to apply for a cash advance to help pay for bills. Defendants, civil rights organizations, public interest organizations, and government public officials can all set up an account to pay for litigation costs and legal expenses. These legal defense funds can have large membership counts where

7420-586: The creation of an entirely new system of government that provided for democratic representation at two governing levels simultaneously, which was implemented in the US Constitution . In the United States implementation of federalism, a bicameral general government, consisting of a chamber of popular representation proportional to population ( the House of Representatives ), and a chamber of equal State-based representation consisting of two delegates per State (

7526-413: The doctrine of res judicata from relitigating any of the issues, even under different legal theories. Judgments are typically a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as: If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of

7632-461: The event of conflict the federal constitution usually takes precedence. In almost all federations the central government enjoys the powers of foreign policy and national defense as exclusive federal powers . Were this not the case a federation would not be a single sovereign state, per the UN definition. Notably, the states of Germany retain the right to act on their own behalf at an international level,

7738-414: The evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses . The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when

7844-731: The federal government. Much like the US system, the Australian Constitution allocates to the Federal government (the Commonwealth of Australia) the power to make laws about certain specified matters which were considered too difficult for the States to manage, so that the States retain all other areas of responsibility. Under the division of powers of the European Union in the Lisbon Treaty , powers which are not either exclusively of Union competence or shared between

7950-438: The federalization process: According to Daniel Ziblatt , there are four competing theoretical explanations for adopting a federal system: Immanuel Kant noted that "the problem of setting up a state can be solved even by a nation of devils" — if they possess a constitution that pits opposing factions against each other with a durable system of binding checks and balances . Essentially, particular states may use federation as

8056-615: The federation by their own consent. This was reaffirmed by the Tenth Amendment to the United States Constitution , which reserves all powers and rights that are not delegated to the Federal Government as left to the States and to the people. The structures of most federal governments incorporate mechanisms to protect the rights of component states. One method, known as ' intrastate federalism ',

8162-603: The internet. For example, in the case of William J. Ralph Jr. v. Lind-Waldock & Company (September 1999), one would assume that Ralph lost the case when in fact, upon review of the evidence, it was found that Ralph was correct in his assertion that improper activity took place on the part of Lind-Waldock, and Ralph settled with Lind-Waldock. Cases such as this illustrate the need for more comprehensive information than mere internet searches when researching legal decisions. While online searches are appropriate for many legal situations, they are not appropriate for all. The following

8268-416: The judge to change the decision or grant a new trial. Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement. If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file

8374-416: The lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before final resolution. The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear. The initial step in making an appeal consists of

8480-408: The lawsuit is finally resolved, or the allotted time to appeal has expired, the matter is res judicata , meaning the plaintiff may not bring another action based on the same claim again. In addition, other parties who later attempt to re-litigate a matter already ruled on in a previous lawsuit will be estopped from doing so. When a final judgment is entered, the plaintiff is usually barred under

8586-467: The legal financing company can review the merits of the case. Legal financing can be a practical means for litigants to obtain financing while they wait for a monetary settlement or an award in their personal injury , workers' compensation , or civil rights lawsuit. Often, plaintiffs who were injured or forced to leave their jobs still have mortgages , rent, medical expenses, or other bills to pay. Other times, litigants may simply need money to pay for

8692-405: The lower court. There were no errors made, the case would then end, but if the decision was reversed, the appellate court would then send the case back down to the lower court level. There, a new trial will be held and new information taken into account. Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to

8798-498: The members contribute to the fund. Unlike legal financing from legal financing companies, legal defense funds provide a separate account for litigation rather than a one-time cash advancement, nevertheless, both are used for purposes of financing litigation and legal costs. There was a study conducted in the Supreme Court Economic Review that shows why litigation financing can be practical and beneficial to

8904-406: The motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant must file an answer. Usually the pleadings are drafted by a lawyer , but in many courts persons can file papers and represent themselves, which

9010-399: The opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden. There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there

9116-572: The other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, however, courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be " judgment-proof ." The term is generally a colloquialism to describe an impecunious defendant. Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in

9222-517: The overall court system and lawsuits within the court. This study concluded that the new rules that were set for litigation financing actually did produce more settlements. Under conservative rules, there tended to be fewer settlements, however under the older rules they tended to be larger on average. Legal financing can become an issue in some cases, varying from case to case and person to person. It can be beneficial in many situations, however also detrimental in others. Federalism Federalism

9328-410: The petitioner filing a notice of appeal and then sending in a brief, a written document stating reason for appeal, to the court. Decisions of the court can be made immediately after just reading the written brief, or there can also be oral arguments made by both parties involved in the appeal. The appellate court then makes the decision about what errors were made when the law was looked at more closely in

9434-741: The plaintiff is successful, judgment is entered in favor of the plaintiff, and the Court may impose the legal and/or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right , award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes . A lawsuit may involve resolution of disputes involving issues of private law between individuals, business entities or non-profit organizations . A lawsuit may also involve issues of public law in

9540-451: The plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make

9646-400: The plaintiffs. As the initial pleading, a complaint is the most important step in a civil case because a complaint sets the factual and legal foundation for the entirety of a case. While complaints and other pleadings may ordinarily be amended by a motion with the court, the complaint sets the framework for the entire case and the claims that will be asserted throughout the entire lawsuit. It

9752-400: The plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase. Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that

9858-407: The provincial premiers is the de facto highest political forum in the land, although it is not mentioned in the constitution. Federations often have special procedures for amendment of the federal constitution. As well as reflecting the federal structure of the state this may guarantee that the self-governing status of the component states cannot be abolished without their consent. An amendment to

9964-421: The punishment. In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision. After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. It is not necessarily an automatic appeal after every judgment has been made, however, if there

10070-727: The risk of a central government turning tyrannical. Countries around the world have implemented federal systems using variations of central and regional sovereignty for their governments. For convenience of studying these governments, they may be divided according to several catagories, such as: minimalistic federations, which consist of only two sub-federal units (subunits); as compared to multi-regional federations, consisting of three or more regional governments (subunits). Or, based on their body polity type: emirate, provincial, state, republicanism or constitutional monarchy , democratic—or democratic in-name-only . And, federal systems may be differentiated between those whose entire territory

10176-485: The same jurisdiction. It is important for litigants to be aware of all relevant procedural rules (or to hire competent counsel who can either comply with such rules on their behalf or explain the rules to them), because the litigants ultimately dictate the timing and progression of the lawsuit. Litigants are responsible for obtaining the desired result and the timing of reaching this result. Failure to comply with procedural rules may result in serious limitations that can affect

10282-411: The sense that the state is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the state. Conducting a civil action is called litigation. The plaintiffs and defendants are called litigants and

10388-451: The suit on either side after it progresses. In reality, however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits. The official ruling of a lawsuit can be somewhat misleading because post-ruling outcomes are often not listed on

10494-687: The term federalism in a much broader sense, referring instead to a "multi-layer or pluralistic concept of social and political life." The first forms of federalism took place in ancient times, in the form of alliances between city states. Some examples from the seventh to second century BC were the Archaic League , the Aetolic League , the Peloponnesian League , and the Delian League . An early ancestor of federalism

10600-400: The trial court. American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action alleged in a complaint. Similarly, "defense" refers to only one or more affirmative defenses alleged in an answer. Americans also use "claim" to describe an extrajudicial demand filed with an insurer or administrative agency. If the claim is denied, then

10706-415: The two levels of government in the US were "co-equally supreme". In this, he echoed the perspective of American founding father James Madison who saw the several States as forming "distinct and independent portions of the supremacy" in relation to the general government. In anarchism , federalism is a horizontalist and decentralized organizational doctrine which holds that society should be built from

10812-422: The vast majority of common law jurisdictions. Scholars in law, economics and management have studied why firms involved in a dispute choose between private dispute resolution—such as negotiation, mediation, and arbitration—and litigation. During the 18th and 19th centuries, it was common for lawyers to speak of bringing an "action" at law and a "suit" in equity . An example of that distinction survives today in

10918-545: The word "sue", derives from the old French "suir, sivre" meaning to pursue or follow after. This was also derived from the Latin word "sequi". Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules arise from statutory law , case law , and constitutional provisions (especially the right to due process ). The details of each kind of legal procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within

11024-598: The word is much closer to the European sense. As the power of the U.S. federal government has increased, some people have perceived a much more unitary state than they believe the Founding Fathers intended. Most people politically advocating "federalism" in the United States argue in favor of limiting the powers of the federal government, especially the judiciary (see Federalist Society , New Federalism ). The contemporary concept of federalism came about with

11130-400: Was in this sense that James Madison referred to the new US Constitution as "neither a national nor a federal Constitution, but a composition of both"—i.e., constituting neither a single large unitary state nor a league/confederation among several small states, but a hybrid of the two forms—according to Madison; "The Federalist No. 39" . Notably, in the course of the nineteenth century in

11236-653: Was the Achaean League in Hellenistic Greece . Unlike the Greek city states of Classical Greece , each of which insisted on keeping its complete independence, changing conditions in the Hellenistic period drove city states to band together even at the cost of surrendering part of their sovereignty. Subsequent unions of states included the first and second Swiss Confederations (1291–1798 and 1815–48);

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