Translation: from english

Federal common law

  • 1 federal common law


    English-Chinese law dictionary (法律英汉双解大词典) > federal common law

  • 2 Federal Tort Claims Act2

    "Legal Lexicon":
    Under California law, a California court would apply federal law to determine whether an arrest by a federal officer was legally justified and hence privileged. See Trenouth v. U.S., 764 F.2d 1305, 1307 (9th Cir.'85) (applying federal law in an FTCA action for false imprisonment to determine legality of arrest by Department of Defense officers in California); cf. Gasho v. U.S., 39 F.3d 1420, 1427-32 (9th Cir.'94) (applying federal law in FTCA false imprisonment action against federal customs officials to determine if probable cause justified arrest in Arizona).
    A plaintiff cannot bring an FTCA claim against the United States based solely on conduct that violates the Constitution because such conduct may violate only federal, and not state, law. See FDIC v. Meyer, 114 S.Ct. 996, 1001 ('94).
    The substitution provision of the Federal Employees Liability Reform and Tort Compensation Act (FELRTCA) provides that '【u】pon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose... the United States shall be substituted as the party defendant.' 28 U.S.C. S 2679(d)(1). The purpose of this amendment to the Federal Tort Claims Act was to 'remove the potential personal liability of Federal employees for common law torts committed within the scope of their employment, and... instead provide that the exclusive remedy for such torts is through an action against the United States under the FTCA.' H.R. Rep. No. 700, 100th Cong., 2d Sess. 4 (1988)
    Under the FTCA, the U.S. is subject to liability for the negligence of an independent contractor only if it can be shown that the government had authority to control the detailed physical performance of the contractor and exercised substantial supervision over its day-to-day activities. See U.S. v. Orleans, 425 U.S. 807, 814-15 ('76); Letnes v. U.S., 820 F.2d 1517, 1519 (9th Cir.'87).
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    English-Chinese law dictionary (法律英汉双解大词典) > Federal Tort Claims Act2

Look at other dictionaries:

  • federal common law — n: case law developed in the federal courts see also erie railroad co. v. tompkins in the important cases section ◇ Federal common law is applied primarily in admiralty and maritime cases, disputes between states, matters of international… …   Law dictionary

  • federal common law — A body of decisional law developed by the federal courts. The application of this body of common law is limited by the Erie doctrine and by the Rules of Decision Act, which provides that except for cases governed by the Constitution, the treaties …   Black's law dictionary

  • Federal common law — is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law doctrines with a… …   Wikipedia

  • federal common law — A concept intriguing to legal theorists. Strictly speaking, a nonentity. 15 Am J2d Com L § 4. In a less than strict usage, the common law enforced generally throughout the United States. Western Union Tel. Co. v Call Pub. Co. 181 US 92, 45 L Ed… …   Ballentine's law dictionary

  • common law — n: a body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute the common law of torts: as a: the body of law that was first developed in… …   Law dictionary

  • common law — As distinguished from statutory law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority …   Black's law dictionary

  • Common law — For other uses, see Common law (disambiguation). Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A… …   Wikipedia

  • common law — 1. the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law. 2. the unwritten law, esp. of England, based on custom or court decision, as distinct from statute law. 3. the law… …   Universalium

  • common law — Those principles, usages and rules of action applicable to the government and security of persons and property which do not rest for their authority upon any express or positive statute or other written declaration, but upon statements of… …   Ballentine's law dictionary

  • common-law copyright — Authors proprietary interest in his creation before it has been published. An intangible, incorporeal right in an author of literary or artistic productions to reproduce and sell them exclusively and arises at the moment of their creation as… …   Black's law dictionary

  • Common-law marriage in the United States — was affirmed by the United States 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… …   Wikipedia

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