Claim in United States
Claim Definition
A challenge of the ownership of a thing which is wrongfully withheld from the possession of the claimant. Plowd. 359. See 1 Dall. (Pa.) 444; 12 Serg. & R. (Pa.) 179. The owner of property proceeded against in admiralty by a suit in rem must present a claim to such property, verified by oath or affirmation, stating that the claimant by whom or on whose behalf the claim is made, and no other person, is the true and bona fide owner thereof, as a necessary preliminary to his making defense. 2 Conkl. Adm. 201-210. A demand entered of record of a mechanic or materialman for work done or material furnished in the erection of a building, In certain counties in Pennsylvania. The assertion of a liability to the party making it to do some service or pay a sum of money. See 16 Pet. (U.S.) 539. The possession of a settler upon the wild lands of the government of the United ‘ States; the lands which such a settler holds possession of.
Claim in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Claim | Claim in the World Legal Encyclopedia. |
| Claim | Claim in the European Legal Encyclopedia. |
| Claim | Claim in the Asian Legal Encyclopedia. |
| Claim | Claim in the UK Legal Encyclopedia. |
| Claim | Claim in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Claim
Scan Claim in the appropriate area of law:
| Link | Description |
|---|---|
| Claim | Claim in the Family Law Portal of the American Encyclopedia of Law. |
| Claim | Claim in the IP Portal of the American Encyclopedia of Law. |
| Claim | Claim in the Commercial Law Portal of the American Encyclopedia of Law. |
| Claim | Claim in the Criminal Law Portal of the American Encyclopedia of Law. |
| Claim | Claim in the Antritrust Portal of the American Encyclopedia of Law. |
| Claim | Claim in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Claim | Claim in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Claim | Claim in the Tax Law Portal of the American Encyclopedia of Law. |
| Claim | Claim in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Claim | Claim in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Claim | Claim in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Claim | Claim in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Claim in the Dictionaries | Claim in our legal dictionaries |
| http://lawi.us/claim | The URI of Claim (more about URIs) |
| Claim related entries | Find related entries of Claim |
Legal Issue for Attorneys
A challenge of the ownership of a thing which is wrongfully withheld from the possession of the claimant. Plowd. 359. See 1 Dall. (Pa.) 444; 12 Serg. & R. (Pa.) 179. The owner of property proceeded against in admiralty by a suit in rem must present a claim to such property, verified by oath or affirmation, stating that the claimant by whom or on whose behalf the claim is made, and no other person, is the true and bona fide owner thereof, as a necessary preliminary to his making defense. 2 Conkl. Adm. 201-210. A demand entered of record of a mechanic or materialman for work done or material furnished in the erection of a building, In certain counties in Pennsylvania. The assertion of a liability to the party making it to do some service or pay a sum of money. See 16 Pet. (U.S.) 539. The possession of a settler upon the wild lands of the government of the United ‘ States; the lands which such a settler holds possession of.
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Notice
This definition of Claim Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Defending the Multiple Chemical Sensitivity Claim
This section examines the Defending the Multiple Chemical Sensitivity Claim subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Filing the Claim—prehearing Stage (in Disability Claims)
Contents
- Filling out initial disability forms
- Filling out work history
- Completing the medical information form
- Powers of the district office
- Filing appearance as attorney
- Role of state agency
Resources
See Also
Further Reading (Articles)
Supplemental claims: acceptable amendment or new claim?, The Tax Adviser; March 1, 2011; Keenan, John
Foreign Claims-Not Just for Overseas Offices, Army Lawyer; July 1, 2010; Dribben, Douglas
Claims Office Management, Army Lawyer; September 1, 2011; Masterton, R Peter
Claims Chat, American Bankruptcy Institute Journal; April 1, 2007; Meltzer, Evelyn J
Claim Preclusion Bars Second Lawsuit on Reexamined Claims Previously Held Invalid, Mondaq Business Briefing; May 6, 2014; Greene, Daniel
Claim responsibility, American Agent & Broker; February 1, 2011; Marrone, Matthew S
Claims report, Army Lawyer; February 1, 2000; Anonymous
Managing a Claims Office, Army Lawyer; September 1, 2005; Masterton, R Peter
Health Claims in the United States: An Aid to the Public or a Source of Confusion?1-3, The Journal of Nutrition; June 1, 2008; Hasler, Clare M
Claims against state double: ; Court of Claims OK’d; $8.4 million in awards to individuals, corporations, Charleston Daily Mail; May 25, 2011; JARED HUNT
Claims Adjuster, Career Information Center, 9th ed.; January 1, 2007
Health claims in Europe – still on the wish list., Nutraceuticals International; July 1, 2001; Ottaway, Peter Berry
Claims logjam: an update: how the current backlog affects PVA members and clients who have claims pending., Paraplegia News; March 1, 2010; Jeffrey, Dolezal Rollins, Bo Standifer, DeWayne
Claim responsibility: help your customers through the claim process and avoid later problems. (Avoiding E&O)., American Agent & Broker; February 1, 2011; Marrone, Matthew S.
Claims Processing for the Capitated., Behavioral Health Management; September 1, 1999; Mackie, J. Jay Oss, Monica E.
Electronic claims can be a remedy for cash flow troubles., Healthcare Financial Management; June 1, 1990; Souders, Richard V.
Claims service fills terrific consumer need. (Claims Registry) (column), National Underwriter Life & Health-Financial Services Edition; August 20, 1990; Maher, Thomas M.
Claims, Evidence, and Reasoning: Demystifying Data during a Unit on Simple Machines, Science and Children; April 1, 2011; McNeill, Katherine L. Martin, Dean M.
Claims fraud auditing., Internal Auditor; June 1, 1997; Ngo, Huong Q.
Claim Drafting for Literal Infringement., Mondaq Business Briefing; May 16, 2005
Claims-Made Policy in Insurance Law and Legal Risk
Claims-Made Policy, i
n the areas of Insurance Law and Legal Risk, may be defined in the following terms: the policy in force when a claim is first made. In contrast, an “occurrence” policy covers events within a specific period, much as the typical car or homeowners insurance policy does.
Practical applicationof Claims-Made Policy in Insurance Law and Legal Risk
The vast majority of professional liability coverage is under claims-made policies. That’s why it’s crucial to know your “prior acts date” (see the entry about prior acts).
claim in relation to Invention and Patent Law
A patent consists of a specification and on or more claims. Each claim is a single sentence in a legalistic form which defines a claimed invention by defining its periphery. A valid claim is one whichreads on the invention described in the specification but does not read on any prior art.
Main Elements of a Claim Under § 1605A FSIA
Main Elements of a Claim Under § 1605A
According to research about Claim from the Federal Judicial Center:The following sections consider the main requirements of a claim brought under § 1605A. 1. Nationality of claimant or victim Under § 1605A(c), a claim may be pursued by four categories of individuals: 1. a national of the United States; 2. a member of the U.S. armed forces; 3. an employee of the U.S. government or of an individual performing a contract awarded by the U.S. government, acting within the scope of the employee’s employment; or 4. a legal representative of such a person.265 Plaintiffs may include family members as well as those who were directly harmed by the acts in question. One district court has distinguished between victims (defined as “those who suffered injury or died as a result of the attack”) and claimants (defined as “those whose claims arise out of those injuries or deaths but who might not be victims themselves”).266 Under this approach, victims may include those who were killed or physically or emotionally injured, as well as members of a victim’s immediate family who suffered from intentional infliction of emotional distress. Regardless of whether the plaintiff is a victim or a claimant, the standing requirements must be satisfied. Most commonly, that means that either the claimant or the victim of the terrorist attack must have been a U.S. citizen at the time of the attack. In Acosta v. Islamic Republic of Iran, for example, the claims arose from the 1990 assassination of Israeli Rabbi Meir Kahane in New York City. Because Rabbi Kahane was not a U.S. citizen, claims on his behalf fell outside the statute, but claims for severe mental anguish of his wife and family, who were citizens, were allowed to proceed.267 Several courts have rejected claims by individuals who were not “immediate family members” at the time of the attack in question. 268 As one court stated, The very nature of a claim for solatium or intentional infliction of emotional distress necessitates a relationship between the victim and the claimant at the time of the attack. Intentional infliction of emotional distress requires an element of shock. If the definition of emotional distress were expanded to include claimants who were not immediate family members at the time of the attack, the potential number of claimants would be unidentifiable, changing with every new marriage or new child.269 Non-citizens and non-nationals can satisfy this requirement only if, at the relevant time, they were either members of the U.S. armed forces or “otherwise an employee of the Government of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employee’s employment.”In Estate of Doe v. Islamic Republic of Iran, the court held that the foreign (non-U.S.-citizen) family members of foreign national employees of the U.S. embassy in Beirut who were killed or injured in terrorist attacks lacked a federal cause of action under § 1605A.271 Similarly, in Owens v. Republic of Sudan, the court found that foreign national family members of the victims of the bombings of the U.S. embassies in Dar es Salaam and Nairobi could not proceed under § 1605A, although they “may continue to pursue claims under applicable state and/or foreign law.”
Defending the Multiple Chemical Sensitivity Claim
This section examines the Defending the Multiple Chemical Sensitivity Claim subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Filing the Claim—prehearing Stage (in Disability Claims)
Contents
- Filling out initial disability forms
- Filling out work history
- Completing the medical information form
- Powers of the district office
- Filing appearance as attorney
- Role of state agency
Resources
See Also
Popular Topics related with Claim
- Foreign Sovereign Immunities Act Definition
- Foreign Sovereign Immunities Legislative History
- Immunities and Privileges
- Immunities in International Criminal Law
- Immunity from Seizure
- Immunity Regulations
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