Any of them can be a powerful remedy. Private lawsuits are often brought in civil courts, as they are usually allegations of misconduct such as pollution or damage to property or health, violent behavior, or illegal land grabbing. In some cases, claimants must also resort to multiple courts or legal mechanisms to ensure justice. Once you have identified the courts that could hear your case, you must determine whether you can or can meet the procedural requirements for a case to be brought before that court. This could include ensuring the following: the Institute of Legal Information at Cornell Law School. One of the best legal information sites on the Internet, including all U.S. state laws and all federal laws. Die Lektorische Rechtsbibliothek. A disrespectful and useful website, including a legal dictionary with definitions of thousands of legal terms, articles and other documents on hundreds of legal topics. You can also file complaints under a code or complaint procedure of a company you are complaining about or its parent company or stakeholders, or a professional organization or association of which it is a member. Sometimes a company makes claims about the ethical standards it applies that are different from what it actually does. Cases are usually brought first in local or district courts. These will usually be smaller courts in the next city Legal threats take many forms.
What they all have in common is that the party making the threat will take some form of legal action. The most common is the threat of a lawsuit against the second party. Other threats may include an administrative act or complaint, referral of the other party to a supervisory authority, transformation of the party into judicial authorities for a crime or civil violation, etc. Legal threats are often veiled or indirect, such as the threat that a party will be «forced to consider their legal options» or «refer the case to a lawyer.» When choosing a court for your claim, you should consider the following: The most common place to make a legal claim is before national courts which are courts based in your country. However, there are usually many types of courts that hear different types of cases. Here are some of the most important examples. There are a number of ways in which United Nations human rights bodies can be used as a means of defending human rights. Sometimes these can be instead of going to court, or they can be used to support a dispute. None of these processes are legally binding, but they can put pressure on your government to act. A legal threat is a statement by a party that it intends to bring a legal action against another party, usually accompanied by a request by the other party to take a measure requested by the first party or refrains or continues to take action that the claimant party objects to. The Legal Advocacy Fund aims to combat gender discrimination in higher education and the workplace. This website provides resources for legal support and legal recommendations.
Administrative tribunals hear complaints against public bodies such as a ministry or ministry of state, a municipal council or a licensing or regulatory authority. A typical complaint is directed against a lawsuit (for example. B a decision to grant a licence or subsidy) or inaction (e.g. B, failure to take action against an unapproved industrial project). However, as a result of recent decisions in the United States, it has become increasingly difficult to assert claims under the Aliens Tort Act for lawsuits that take place in other countries. In most systems, there is what is called a «judicial hierarchy». The hierarchy of courts identifies the higher and lower courts. Decisions of lower courts can often be challenged before higher courts, and decisions of higher courts are binding on lower courts. For a long time, the Petersburg Fair Housing Coalition (PFHC) was convinced that local brokers engaged in «redlining» – practicing racial discrimination in the sale of housing by refusing to sell homes in certain neighborhoods to minorities. The West Side, for example, was virtually all white, and there never seemed to be any homes there when minority buyers came looking for it, no matter how good their credit was or how much they were willing to spend.
If you plan to take legal action to resolve a problem, there may be more than one court, tribunal, or other body where you can make your claim. It`s helpful to first create an overview of the different options and evaluate the pros and cons of each option before deciding where to take your case. For example, while it is usually more expensive to take legal action in the courts of another country, it may be necessary if the courts in your country are weak, corrupt, or unable to enforce a verdict against a defendant based in another country. This section describes the main forums where you can take legal action. These are certain national laws in other countries that have extraterritorial effect. This means that they can apply to activities outside the borders of that country. In practice, this means that the activities of a company operating outside the country in which it has its registered office could be held liable in that country. Therefore, the solution to a problem that the company has caused in Uganda or Honduras may lie in filing a complaint in New York or Amsterdam.
The Gallagher Law Library at the University of Washington School of Law offers a free online law library that offers a variety of legal resources. The next level of the hierarchy will often include the «Supreme Court.» This can be a federal/national court or a state court. Some cases may be brought directly before these courts, which shows that often a combination of political and legal measures must be undertaken domestically and in other countries to achieve the overarching objectives of a case. To successfully use such a strategy, it takes a good mix of creative thinking and a lot of help from international networks. The type of law you want to apply will often decide what type of court you need to bring your case. For example, at the national level: NHRIs do not render legally binding judgments like a court, but can open investigations into human rights issues. Publicizing NHRI complaints and requests can increase awareness and put pressure on governments and businesses to change their actions. An alternative to legal action is to file a complaint with an out-of-court complaint mechanism. These are non-binding dispute resolution bodies.
In other words, these are bodies that can hear a complaint, but can only make an unenforceable recommendation or opinion to resolve the dispute, rather than a binding decision. This can be useful for the parties, but it means that the final resolution of the dispute always depends on the goodwill of the parties. How to Search for a Legal Problem is a guide for non-lawyers and provides information to a person with a legal problem to find legal rules that can resolve or prevent conflicts. In some cases, it may even be possible and useful to file complaints in more than one of these locations at a time. It should be noted, however, that some courts refuse to hear a case if the same matter is already being considered or has already been decided by another court. United Nations special rapporteurs are independent experts who focus on specific human rights issues. As part of their mandate, they may receive complaints from individuals. This is not a legal process, and the result is not binding on countries, but can be used to pressure your country to take more climate action.
As a result, local communities had to use other legal systems to obtain justice. Despite initial successes, the ability to make claims in the United States has been closed by the Supreme Court, which requires that the activities have a clear connection to U.S. territory. In addition to their legal importance, legal threats can bring a number of practical results: thanks to a combination of political activism and legal pressure on Shell in Nigeria and abroad, Shell has now decided to cease operations in the Niger Delta, a victory for local communities. In most cases, a legal threat has no legal significance other than a matter of negotiating tactics; In some cases, however, a legal threat has some legal significance. Among other things, a legal threat can do the following: Sometimes there is more than one option that might suit your case. It is recommended that you discuss these options with a lawyer or support organization before making your decision. .