The United States of America known as the United States or America, is a country composed of 50 states, a federal district, five major self-governing territories, various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U. S. is the third most populous country. The capital is Washington, D. C. and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico; the State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean; the U. S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The diverse geography and wildlife of the United States make it one of the world's 17 megadiverse countries.
Paleo-Indians migrated from Siberia to the North American mainland at least 12,000 years ago. European colonization began in the 16th century; the United States emerged from the thirteen British colonies established along the East Coast. Numerous disputes between Great Britain and the colonies following the French and Indian War led to the American Revolution, which began in 1775, the subsequent Declaration of Independence in 1776; the war ended in 1783 with the United States becoming the first country to gain independence from a European power. The current constitution was adopted in 1788, with the first ten amendments, collectively named the Bill of Rights, being ratified in 1791 to guarantee many fundamental civil liberties; the United States embarked on a vigorous expansion across North America throughout the 19th century, acquiring new territories, displacing Native American tribes, admitting new states until it spanned the continent by 1848. During the second half of the 19th century, the Civil War led to the abolition of slavery.
By the end of the century, the United States had extended into the Pacific Ocean, its economy, driven in large part by the Industrial Revolution, began to soar. The Spanish–American War and World War I confirmed the country's status as a global military power; the United States emerged from World War II as a global superpower, the first country to develop nuclear weapons, the only country to use them in warfare, a permanent member of the United Nations Security Council. Sweeping civil rights legislation, notably the Civil Rights Act of 1964, the Voting Rights Act of 1965 and the Fair Housing Act of 1968, outlawed discrimination based on race or color. During the Cold War, the United States and the Soviet Union competed in the Space Race, culminating with the 1969 U. S. Moon landing; the end of the Cold War and the collapse of the Soviet Union in 1991 left the United States as the world's sole superpower. The United States is the world's oldest surviving federation, it is a representative democracy.
The United States is a founding member of the United Nations, World Bank, International Monetary Fund, Organization of American States, other international organizations. The United States is a developed country, with the world's largest economy by nominal GDP and second-largest economy by PPP, accounting for a quarter of global GDP; the U. S. economy is post-industrial, characterized by the dominance of services and knowledge-based activities, although the manufacturing sector remains the second-largest in the world. The United States is the world's largest importer and the second largest exporter of goods, by value. Although its population is only 4.3% of the world total, the U. S. holds 31% of the total wealth in the world, the largest share of global wealth concentrated in a single country. Despite wide income and wealth disparities, the United States continues to rank high in measures of socioeconomic performance, including average wage, human development, per capita GDP, worker productivity.
The United States is the foremost military power in the world, making up a third of global military spending, is a leading political and scientific force internationally. In 1507, the German cartographer Martin Waldseemüller produced a world map on which he named the lands of the Western Hemisphere America in honor of the Italian explorer and cartographer Amerigo Vespucci; the first documentary evidence of the phrase "United States of America" is from a letter dated January 2, 1776, written by Stephen Moylan, Esq. to George Washington's aide-de-camp and Muster-Master General of the Continental Army, Lt. Col. Joseph Reed. Moylan expressed his wish to go "with full and ample powers from the United States of America to Spain" to seek assistance in the revolutionary war effort; the first known publication of the phrase "United States of America" was in an anonymous essay in The Virginia Gazette newspaper in Williamsburg, Virginia, on April 6, 1776. The second draft of the Articles of Confederation, prepared by John Dickinson and completed by June 17, 1776, at the latest, declared "The name of this Confederation shall be the'United States of America'".
The final version of the Articles sent to the states for ratification in late 1777 contains the sentence "The Stile of this Confederacy shall be'The United States of America'". In June 1776, Thomas Jefferson wrote the phrase "UNITED STATES OF AMERICA" in all capitalized letters in the headline of his "original Rough draught" of the Declaration of Independence; this draft of the document did not surface unti
An opinion is a judgment, viewpoint, or statement, not conclusive. A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with facts which are sought to be disputed by the logical fallacy that one is entitled to their opinions. Distinguishing fact from opinion is that facts are verifiable, i.e. can be agreed to by the consensus of experts. An example is: "United States of America was involved in the Vietnam War," versus "United States of America was right to get involved in the Vietnam War". An opinion may be supported by principles, in which case it becomes an argument. Different people may draw opposing conclusions if they agree on the same set of facts. Opinions change without new arguments being presented, it can be reasoned that one opinion is better supported by the facts than another, by analyzing the supporting arguments. In casual use, the term opinion may be the result of a person's perspective, particular feelings and desires; the term may refer to unsubstantiated information, in contrast to knowledge and fact.
Though not hard fact, collective opinions or professional opinions are defined as meeting a higher standard to substantiate the opinion. In economics, other social sciences and philosophy, analysis of social phenomena based on one's own opinion is referred to as normative analysis, as opposed to positive analysis, based on scientific observation; the distinction of demonstrated knowledge and opinion was articulated by Ancient Greek philosophers. Today, Plato's analogy of the divided line is a well-known illustration of the distinction between knowledge and opinion, or knowledge and belief, in customary terminology of contemporary philosophy. Opinions can be persuasive, but only the assertions they are based on can be said to be true or false. In contemporary usage, public opinion is the aggregate of individual attitudes or beliefs held by a population, while consumer opinion is the similar aggregate collected as part of marketing research; because the process of gathering opinions from all individuals are difficult, expensive, or impossible to obtain, public opinion is estimated using survey sampling.
In some social sciences political science and psychology, group opinion refers to the aggregation of opinions collected from a group of subjects, such as members of a jury, committee, or other collective decision-making body. In these situations, researchers are interested in questions related to social choice and group polarization. "The scientific opinion" can be compared to "the public opinion" and refers to the collection of the opinions of many different scientific organizations and entities and individual scientists in the relevant field. Science may however, be "partial, temporally contingent and uncertain" so that there may be no accepted consensus for a particular situation. In other circumstances, a particular scientific opinion may be at odds with consensus. Scientific literacy called public understanding of science, is an educational goal concerned with providing the public with the necessary tools to benefit from scientific opinion. A "legal opinion" or "closing opinion" is a type of professional opinion contained in a formal legal-opinion letter, given by an attorney to a client or a third party.
Most legal opinions are given in connection with business transactions. The opinion expresses the attorney's professional judgment regarding the legal matters addressed; the opinion can be "clean" or "reasoned". A legal opinion is not a guarantee. However, a mistaken or incomplete legal opinion may be grounds for a professional malpractice claim against the attorney, pursuant to which the attorney may be required to pay the claimant damages incurred as a result of relying on the faulty opinion. A "judicial opinion" or "opinion of the court" is an opinion of a judge or group of judges that accompanies and explains an order or ruling in a controversy before the court. A judicial option lays out the facts that the court recognized as being established, the legal principles the court is bound by, the application of the relevant principles to the recognized facts; the goal is to demonstrate the rationale. Judges in the United States are required to provide a well-reasoned basis for their decisions and the contents of their judicial opinions may contain the grounds for appealing and reversing of their decision by a higher court.
Judicial opinions are discussed further in the articles on common precedent. An "editorial opinion" is the evaluation of a topic by a newspaper as conveyed on its editorial page. Doxa Editorial Epistemology Justified true belief Opinion poll Perspective Soapbox Speaker's Corner Truthiness
A website or Web site is a collection of related network web resources, such as web pages, multimedia content, which are identified with a common domain name, published on at least one web server. Notable examples are wikipedia.org, google.com, amazon.com. Websites can be accessed via a public Internet Protocol network, such as the Internet, or a private local area network, by a uniform resource locator that identifies the site. Websites can be used in various fashions. Websites are dedicated to a particular topic or purpose, ranging from entertainment and social networking to providing news and education. All publicly accessible websites collectively constitute the World Wide Web, while private websites, such as a company's website for its employees, are part of an intranet. Web pages, which are the building blocks of websites, are documents composed in plain text interspersed with formatting instructions of Hypertext Markup Language, they may incorporate elements from other websites with suitable markup anchors.
Web pages are accessed and transported with the Hypertext Transfer Protocol, which may optionally employ encryption to provide security and privacy for the user. The user's application a web browser, renders the page content according to its HTML markup instructions onto a display terminal. Hyperlinking between web pages conveys to the reader the site structure and guides the navigation of the site, which starts with a home page containing a directory of the site web content; some websites require user subscription to access content. Examples of subscription websites include many business sites, news websites, academic journal websites, gaming websites, file-sharing websites, message boards, web-based email, social networking websites, websites providing real-time stock market data, as well as sites providing various other services. End users can access websites on a range of devices, including desktop and laptop computers, tablet computers and smart TVs; the World Wide Web was created in 1990 by the British CERN physicist Tim Berners-Lee.
On 30 April 1993, CERN announced. Before the introduction of HTML and HTTP, other protocols such as File Transfer Protocol and the gopher protocol were used to retrieve individual files from a server; these protocols offer a simple directory structure which the user navigates and where they choose files to download. Documents were most presented as plain text files without formatting, or were encoded in word processor formats. Websites can be used in various fashions. Websites can be the work of an individual, a business or other organization, are dedicated to a particular topic or purpose. Any website can contain a hyperlink to any other website, so the distinction between individual sites, as perceived by the user, can be blurred. Websites are written in, or converted to, HTML and are accessed using a software interface classified as a user agent. Web pages can be viewed or otherwise accessed from a range of computer-based and Internet-enabled devices of various sizes, including desktop computers, tablet computers and smartphones.
A website is hosted on a computer system known as a web server called an HTTP server. These terms can refer to the software that runs on these systems which retrieves and delivers the web pages in response to requests from the website's users. Apache is the most used web server software and Microsoft's IIS is commonly used; some alternatives, such as Nginx, Hiawatha or Cherokee, are functional and lightweight. A static website is one that has web pages stored on the server in the format, sent to a client web browser, it is coded in Hypertext Markup Language. Images are used to effect the desired appearance and as part of the main content. Audio or video might be considered "static" content if it plays automatically or is non-interactive; this type of website displays the same information to all visitors. Similar to handing out a printed brochure to customers or clients, a static website will provide consistent, standard information for an extended period of time. Although the website owner may make updates periodically, it is a manual process to edit the text and other content and may require basic website design skills and software.
Simple forms or marketing examples of websites, such as classic website, a five-page website or a brochure website are static websites, because they present pre-defined, static information to the user. This may include information about a company and its products and services through text, animations, audio/video, navigation menus. Static websites can be edited using four broad categories of software: Text editors, such as Notepad or TextEdit, where content and HTML markup are manipulated directly within the editor program WYSIWYG offline editors, such as Microsoft FrontPage and Adobe Dreamweaver, with which the site is edited using a GUI and the final HTML markup is generated automatically by the editor software WYSIWYG online editors which create media rich online presentation like web pages, intro, blogs, an
Copyright is a legal right, existing in many countries, that grants the creator of an original work exclusive rights to determine whether, under what conditions, this original work may be used by others. This is only for a limited time. Copyright is one of two types of intellectual property rights, the other is industrial property rights; the exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, not the underlying ideas themselves. Copyright is applicable to certain forms of creative work. Some, but not all jurisdictions require "fixing" copyrighted works in a tangible form, it is shared among multiple authors, each of whom holds a set of rights to use or license the work, who are referred to as rights holders. These rights include reproduction, control over derivative works, public performance, moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights".
This means that copyrights granted by the law of a certain state, do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; the public law duration of a copyright expires 50 to 100 years after the creator dies, depending on the jurisdiction. Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without formal registration. Copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the creator's exclusivity of copyright and giving users certain rights; the development of digital media and computer network technologies have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, inspired additional challenges to the philosophical basis of copyright law. Businesses with great economic dependence upon copyright, such as those in the music business, have advocated the extension and expansion of copyright and sought additional legal and technological enforcement.
Copyright licenses can be granted by those deputized by the original claimant, private companies may request this as a condition of doing business with them. Services of internet platform providers like YouTube, GitHub, DropBox, WhatsApp or Twitter only can be used when users grant the platform provider beforehand the right to co-use all uploaded content, including all material exchanged per email, chat or cloud-storage; these copyrights only apply for the firm that operates such a platform, no matter in what jurisdiction the platform-services are being offered. Private companies in general do not recognize exceptions or give users more rights than the right to use the platform according certain rules. Copyright came about with wider literacy; as a legal concept, its origins in Britain were from a reaction to printers' monopolies at the beginning of the 18th century. The English Parliament was concerned about the unregulated copying of books and passed the Licensing of the Press Act 1662, which established a register of licensed books and required a copy to be deposited with the Stationers' Company continuing the licensing of material that had long been in effect.
Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In the Middle Ages in Europe, there was a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society; the latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights; the most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified.
This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se. Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry, covering such items as sound recordings, photographs and architectural works. Seen as the first real copyright law, the 1709 British Statute of Anne gave the publishers rights for a fixed period, after which the copyright expired; the act alluded to individual rights of the artist. It began, "Whereas Printers and other Persons, have of late taken the Liberty of Printing... Books, other Writings, without the Consent of the Authors... to their great Detriment, too to the Ruin of them and their Families:". A right to benefit financially from the work is articulated, court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved.
A contract is a legally-binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is enforceable because it meets the requirements and approval of the law. An agreement involves the exchange of goods, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation. In the Anglo-American common law, formation of a contract requires an offer, consideration, a mutual intent to be bound; each party must have capacity to enter the contract. Although most oral contracts are binding, some types of contracts may require formalities such as being in writing or by deed. In the civil law tradition, contract law is a branch of the law of obligations. At common law, the elements of a contract are offer, intention to create legal relations and legality of both form and content. Not all agreements are contractual, as the parties must be deemed to have an intention to be bound.
A so-called gentlemen's agreement is one, not intended to be enforceable, "binding in honour only". In order for a contract to be formed, the parties must reach mutual assent; this is reached through offer and an acceptance which does not vary the offer's terms, known as the "mirror image rule". An offer is a definite statement of the offeror's willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore a rejection of the original offer; the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person, as determined in the early English case of Smith v Hughes, it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid.
Contracts may be unilateral. A bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, the buyer promises to pay the seller $200,000 in exchange for the seller's promise to deliver title to the property; these common contracts take place in the daily flow of commerce transactions, in cases with sophisticated or expensive precedent requirements, which are requirements that must be met for the contract to be fulfilled. Less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror. In a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally; the payment could be additionally conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the promisor is required to pay.
In the similar case of advertisements of deals or bargains, a general rule is that these are not contractual offers but an "invitation to treat", but the applicability of this rule is disputed and contains various exceptions. The High Court of Australia stated that the term unilateral contract is "unscientific and misleading". In certain circumstances, an implied contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement though they have not done so expressly. For example, John Smith, a former lawyer may implicitly enter a contract by visiting a doctor and being examined. A contract, implied in law is called a quasi-contract, because it is not in fact a contract. Quantum meruit claims are an example. Where something is advertised in a newspaper or on a poster, the advertisement will not constitute an offer but will instead be an invitation to treat, an indication that one or both parties are prepared to negotiate a deal. An exception arises if the advertisement makes a unilateral promise, such as the offer of a reward, as in the famous case of Carlill v Carbolic Smoke Ball Co, decided in nineteenth-century England.
The company, a pharmaceutical manufacturer, advertised a smoke ball that would, if sniffed "three times daily for two weeks", prevent users from catching the'flu. If the smoke ball failed to prevent'flu, the company promised that they would pay the user £100, adding that they had "deposited £1,000 in the Alliance Bank to show our sincerity in the matter"; when Mrs Carlill sued for the money, the company argued the advert should not be taken as a serious binding offer. Although an invitation to treat cannot be accepted, it should not be ignored, for it may affect the offer. For instance, where an offer is made in response to an invitation to treat, the offer may incorporate the terms of the invitation to treat. If, as in the Boots case, the offer is made by an action without any
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts: Central District of Illinois Northern District of Illinois Southern District of Illinois Northern District of Indiana Southern District of Indiana Eastern District of Wisconsin Western District of WisconsinThe court is based at the Dirksen Federal Building in Chicago, Illinois and is composed of eleven appellate judges. It is one of thirteen United States courts of appeals; the court offers a unique internet presence that includes wiki and RSS feeds of opinions and oral arguments. It is notable for having one of the most prominent law and economics scholars, Judge Frank H. Easterbrook, on its court. Richard Posner, another prominent law and economics scholar served on this court until his retirement in 2017; as of May 23, 2018, the judges on the court are as follows: Chief judges have administrative responsibilities with respect to their circuits, preside over any panel on which they serve unless the circuit justice is on the panel.
Unlike the Supreme Court, where one justice is nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, have not served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges; the chief judge serves until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position; when the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not remain chief after turning 70 years old; the current rules have been in operation since October 1, 1982. The court has eleven seats for active judges, numbered in the order. Judges who retire into senior status leave their seat vacant.
That seat is filled by the next circuit judge appointed by the president. Federal judicial appointment history#Seventh Circuit Same-sex marriage in the Seventh Circuit Courts of Illinois "Standard Search". Federal Law Clerk Information System. Archived from the original on October 21, 2005. Retrieved July 2, 2005.primary but incomplete source for the duty stations "Instructions for Judicial Directory". University of Texas Law School. Archived from the original on November 11, 2005. Retrieved July 2, 2005.secondary source for the duty stations data is current to 2002 "U. S. Court of Appeals for the Seventh Circuit". Official website of the Federal Judicial Center. Archived from the original on April 18, 2005. Retrieved July 2, 2005.source for the state, term of active judgeship, term of chief judgeship, term of senior judgeship, termination reason, seat information United States Court of Appeals for the Seventh Circuit Recent opinions from FindLaw Official wiki of the United States Court of Appeals for the Seventh Circuit — Launched April 18, 2007 The Seventh Circuit Review