The fairness of the law

Standing Trust According to the principle of equity, a fair economic system is one that distributes goods to individuals in proportion to their input. While input typically comes in the form of productivity, ability or talent might also play a role. People who produce more or better products Note that this sort of distribution may not succeed in meeting the needs of all members of society.

The fairness of the law

C i Any action s removed to Federal court pursuant to this subsection shall not thereafter be transferred to any other court pursuant to sectionor the rules promulgated thereunder, unless a majority of the plaintiffs in the action request transfer pursuant to section D The limitations periods on any claims asserted in a mass action that is removed to Federal court pursuant to this subsection shall be deemed tolled during the period that the action is pending in Federal court.

Historical and Revision Notes Based on title 28, U.

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Other provisions of section 41 1 of title 28U. Jurisdiction conferred by other sections of this chapter, except sectionis not dependent upon diversity of citizenship.

See annotations under former section 41 of title 28U.

The fairness of the law

As to citizenship of bank where jurisdiction depends upon diversity of citizenship, see section of this title. The revised section conforms with the views of Philip F. This changes the law to insure uniformity.


The diversity of citizenship language of section 41 1 of title 28U. City of Bethlehem, 45 F. In that case the amendment was held unconstitutional insofar as it affected the District of Columbia.

However, two other district courts upheld the amendment. This section is intended to cover all diversity of citizenship instances in civil actions in accordance with the judicial construction of the language in the original section 41 1 of title 28U.

Therefore, the revised language covers civil actions between— Citizens of a Stateand citizens of other States and foreign states or citizens or subjects thereof; Citizens of a Territory or the District of Columbia, and foreign states or citizens or subjects thereof; Citizens of different States ; Citizens of a Stateand citizens of Territories; Citizens of a State or Territory, and citizens of the District of Columbia; Citizens of a Stateand foreign states or citizens or subjects thereof.

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The revised section removes an uncertainty referred to in the McGarry case, supra, as to whether Congress intended to permit citizens of the Territories or the District of Columbia to sue a State or Territory itself rather than the citizens thereof.

Those paragraphs are 2 — 28 of said section 41 of title 28U. Consequently the omitted sentence is covered by excluding such requirement. Section 41 1 of title 28U.

The Fairness of the Law

Subsequently, many special jurisdictional provisions were enacted and incorporated in other titles of the U.Taken in its broader sense, justice is action in accordance with the requirements of some law.[1] Some maintain that justice stems from God's will or command, while others believe that justice is inherent in nature itself.

The principles of justice and fairness can . Fairness and Justice We have asked about how the justification of the rule of law is related to the justification of punishment.

Our weak conclusion is a surprising one given the hint that led us to the issue. The fairness of the law It is very important for a legal system to ensure that there is fairness across the board for those involved in the legal system, whether defendants, plaintiffs, or others.

There are two ways in which the legal system ensures fairness. Law as rule, as command, without the underlying social bond of notions of fairness and justice will be inadequate to bind diverse groups by loyalty to a legal system and administration of justice that is so fundamental to our polity.

Fair in Love and War. For many people, the word fair brings to mind the aphorism “all is fair in love and war.” We have been using some variation of this saying for quite some time, although, as with many such expressions, it is difficult to pinpoint exactly when it began. Employers can put themselves at risk of unfair dismissal claims when procedural fairness is not provided to employees during the disciplinary action/termination process.

Principles of Justice and Fairness | Beyond Intractability