why attorney general has higher damage

Why are state attorneys general getting more political?

Sep 22, 2020 · State attorneys general are facing issues ranging from racism and sexual harassment to a fatal accident. Their scandals differ, but they have some underlying political dynamics in common. September...

Why do attorneys general have the power to attack?

Attorney General Holder has sought, in good faith, to head off this conflict for weeks now. Second, Attorney General Holder has offered to turn over outright (rather than just make available for review) some of the documents that were generated in the course of the Department's efforts to respond to the Oversight Committee's demands.

Are attorneys general legally obliged to defend state law?

Among the chief criticisms of the office is that state attorneys general have strayed from their traditional defense-based lawyer role to assume a more proactive and political posture, often in ways that overstep the legal authority of the office and/or what would be historically recognized as the limits of institutional etiquette.

What happens if the Attorney General is removed from office?

Attorneys general frequently seek higher office, so much so that the “AG” label has been described as shorthand for “Aspiring Governor.” 171 Studies have shown that around 21.5% of attorneys general run for Governor and around 10% run for Congress (7.7% for Senate; 1.9% for House). 172 In four-year electoral cycles, on average more than eleven attorneys general run …

What is the significance of the Attorney General?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

What does the Attorney General do in DC?

The Office of the Attorney General (OAG) enforces the laws of the District, provides legal advice to the District's government agencies, and promotes the interests of the District's residents. OAG's goal is to be the nation's most effective and respected public law office.

What does the Attorney General of Montana do?

As the State's chief legal officer, the Attorney General is responsible for representing and defending Montana's legal positions and Montana's laws with other sovereign governments such as the federal government and other states.

Who appoints the DC Attorney General?

Incumbent. Karl Racine The Attorney General for the District of Columbia is the chief legal officer of the District of Columbia. Previously appointed by the Mayor, District of Columbia voters approved a charter amendment in 2010 which made the office an elected position beginning in 2015.

Does DC have an AG?

Attorney General Karl A. Racine | Attorney General Karl A. Racine.

Who is DC prosecutor?

Graves, U.S. attorney for the District, faces myriad challenges, including combating violence in city neighborhoods. The federal prosecutor whose office is investigating participants in the Jan.Feb 28, 2022

How much do attorney generals make Montana?

Attorney General of MontanaMontana Attorney GeneralOffice website:Official LinkCompensation:$141,0232022 FY Budget:$114,965,234Term limits:Two terms in a 16-year period14 more rows

How much does the AG of Montana make?

$90.64/dayState executive salariesOffice and current officialSalaryAttorney General of Montana Austin Knudsen$90.64/dayMontana Secretary of State Christi JacobsenMontana Superintendent of Public Instruction Elsie Arntzen$104,635Montana Commissioner of Securities and Insurance, State Auditor Troy Downing5 more rows

Who is the AG for Montana?

The Attorney General's Office, headed by Attorney General Austin Knudsen, and the Legal Services Division function as the lawyers for the State of Montana. The attorneys in the Office have expertise in a wide range of legal topics and handle a broad range of legal cases involving the State of Montana and its people.

Who is Attorney General Karl Racine?

Karl Anthony Racine (born December 14, 1962) is a Haitian-American lawyer and politician. He is the first independently elected Attorney General of the District of Columbia, a position he has held since January 2015. Before that, he was the managing partner of Venable LLP.

Does Washington DC have a district attorney?

The United States Attorney's Office for the District of Columbia is unique among U.S. Attorney's Offices in the size and scope of its work. It serves as both the local and the federal prosecutor for the nation's capital.

Who is the current mayor of Washington DC?

Muriel BowserWashington, D.C. / MayorMuriel Elizabeth Bowser is an American politician serving since 2015 as the eighth mayor of the District of Columbia. A member of the Democratic Party, she previously represented the 4th ward as a member of the Council of the District of Columbia from 2007 to 2015. Wikipedia

What is the role of the Attorney General?

Attorneys throughout the country, the Attorney General may provide guidance interpreting the law to assist in prosecuting or defending the United States in legal proceedings. The Attorney General also oversees the federal prison system and all of the systems that pertain to it.

How many times has Barr been Attorney General?

Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks and balances.

When was the Office of the Attorney General created?

The Office of the Attorney General was created in 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters.

Who is in charge of the Justice Department?

The Attorney General is in charge of the Department and is responsible for all aspects of the Justice Department. The head of this vast bureaucracy has enough impact to shape the way laws are treated by law enforcement professionals across the country.

What is the Department of Justice?

The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country . There are six litigating divisions in the department: Antitrust.

Who is Marissa Jordan?

Marissa Jordan is an accountant and freelance writer interested in current events, economics, and science. Formerly, she wrote for technical blogs on specialized software. When not writing or accounting, she likes spending time with family, reading, and trivia.

What is the job of an attorney general?

The primary job of a state attorney general is to serve as chief legal adviser to the agencies and legislative organs that make up his or her state's government, in addition to the citizens residing within the state. It is this last common aspect of the role, ...

How many states have an attorney general?

The attorney general is appointed by the governor in five states: Alaska, Hawaii, New Hampshire, New Jersey and Wyoming. In Maine, the attorney general is chosen by the state legislature, while in Tennessee the choice falls to the state supreme court .

Who has the power to represent the state in criminal appeals?

Attorneys general: Power to represent state in criminal appeals#N#Attorneys general: Power to represent state in criminal appeals#N#+#N#–#N#In no cases#N#In some cases#N#In all cases#N#The attorney general has the power to represent the state in criminal appeals in 46 states, although this power is restricted in five of those states.

What are the requirements for a state office?

Of the 35 states: 1 7 designate an officeholder must be at least 30 years of age. ( FL, ID, KY, NM, NY, PA and VA) 2 10 require a minimum age of 25. ( AL, AZ, GA, IL, LA, MT, NV, ND, UT and WV) 3 13 require a minimum age of 18. ( AK, CA, CT, IA, MA, MI, NJ, OH, OR, RI, SD, VT and WA) 4 2, Minnesota and North Carolina, set the limit at 21. 5 1, Oklahoma, sets the limit at 31. 6 1, Colorado, sets the limit at 27. 7 1, Mississippi, sets the limit at 26.

What is the duty of an attorney general?

One set of attorneys general has a duty to defend state law against state and federal challenges, while a second group has no duty to defend state law in such scenarios. A third cohort of attorneys general has a power (and in some cases a duty) to attack state statutes of dubious validity.

What are the differences between Republican and Democratic attorneys general?

Sharp differences between Republican and Democratic views about the propriety of same-sex marriage bans explain why Republican attorneys general claim that same-sex marriage bans must be defended and why many Democratic attorneys general ar gue that the duty to defend does not apply to same-sex marriage bans. 209 After all, Republican attorneys general really don’t all believe that all state laws must be defended; recall that some Republican attorneys general have refused to defend state domestic partnership registry laws and gun control measures. 210 Relatedly, we suspect that if a large number of Republican attorneys general stopped defending affirmative action plans or campaign finance laws, some Democratic attorneys general might vigorously criticize the nondefenses. Because Democratic and Republican politicians often seek to distance themselves from the opposite party by embracing polarizing policies, 211 we expect that Republican and Democratic attorneys general will continue to refuse to defend laws that frustrate their party’s diverging agendas.

What is the purpose of the Part I and II?

Part I argues that state law is supreme in defining a state attorney general ’ s potential duty to defend. Part II surveys state law, revealing a multiplicity of approaches, a pattern hardly unusual in a federal system. Part III discusses the differing incentives of the attorneys general and their federal counterpart.

What is the duty to defend?

The duty to defend and its antipode, the duty to attack, can be conceived as forming a continuum of stances. On one end would be a duty to defend vigorously the validity of state law against claims of supersession, even in the face of judicial opinions that seem to render the state law invalid.

Can an attorney general defend a state law?

We have said that the answer to the question whether a state attorney general may (or must) defend state law or concede its invalidity rests solely on state law, as constrained by the principle barring discrimination against federal law. Before refusing to defend a state law or challenging the validity of state law, a state attorney general must invoke powers arising from state law. In making claims about state law, we believe that an attorney general must do more than point to the nature of her office or to the fact that the state constitution created it.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

What is the role of the Attorney General in Fiji?

In Fiji, the role of the Attorney General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

Who was the Lord Advocate?

After the Acts of Union 1707, the Lord Advocate became the chief legal advisor to the British government in respect of Scotland.

Is the Attorney General the same as the Minister of Justice?

The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former Attorneys-General have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006.

What is the office of the Attorney General of the Philippines?

The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring the services of a lawyer especially before appellate courts. It is an independent and autonomous office attached to the Department of Justice for budgetary purposes.

What to do if you receive a letter of inquiry from the state attorney general?

If your company does receive a letter of inquiry from a state attorney general, you need to respond. Unlike some things in life, ignoring it will not make it go away. This is when it will have been really helpful to have previously established a relationship with the attorney general. If your company has that relationship, the attorney general may notify you before making the inquiry public so that your company will have the opportunity to resolve unfounded accusations quietly before any reputational damage is incurred.

How to avoid being an investigatory target?

The easiest way to minimize your company’s chances of becoming an investigatory target is to reduce and resolve consumer complaints about your company’s products. If you make a quality product and you do not give consumers unreasonable expectations about the product by making misleading claims when advertising it, your customers will likely not file complaints. But when you do get a complaint, you need to take it seriously, even if you think the complaint has no merit. Chances are that other customers have the same complaint as the one that contacted you, and, if customers feel that your company is not doing anything to address their complaints, it is only a matter of time before someone will bring it to the state consumer protection division. Thus, you need to work with your customers to resolve any complaints that they may have.

What stores did Schneiderman order?

Schneiderman issued cease-and-desist orders to four prominent supplements retailers: Walgreens, Walmart, General Nutrition Centers and Target. Schneiderman announced his allegations at a packed press conference, claiming that DNA barcode testing had revealed that most of the supplement products sold by the retailers did not contain the advertised ingredients. He also alleged that his testing had found that the products contained many substances not listed on the label, including known allergens.

What are the types of damages?

Types of Damages. General damages are just one type of damage that may be awarded to the plaintiff in a court case. The others are special damages and punitive damages. General damages and special damages are compensatory damages, which means they are meant to repay the plaintiff for the loss they have suffered.

What is punitive damages?

Punitive damages, however, are given specifically to punish the guilty party for their wrongdoing and prevent them from doing such a thing again in the future. Special damages are awarded to the plaintiff as restitution for losses that can be given a specific dollar amount thanks to written estimates, receipts, or bills.

How to evaluate damages?

Evaluation of general damages is subject to the court's opinion instead of being specific and provable. The victim's suffering may be interpreted in different ways depending on the parties and their own interests in the case. Factors include: 1 The amount of pain that has been suffered, and the duration of the pain. 2 How the pain has disrupted the plaintiff's daily life. 3 The details about the negligence and recklessness of the party who caused the losses. 4 Stress and worry over the injury or the case. 5 “Loss of consortium,” meaning that the plaintiff is missing out on family relationships and the benefits they provide. 6 Loss of enjoyment that the injury has caused.

What happens if a contract is breached?

If a contract is breached, there are situations when you can specify dollar values of items or services not received. However, a loss of future business is not so easy to quantify. General damages are a type of compensatory damages, which are granted by a court in a lawsuit to repay losses or injuries resulting from another person's wrongdoing. ...

How much compensation is awarded for pain and suffering?

General damages that are awarded for pain and suffering in the U.S. are typically calculated as three to four times the amount of the plaintiff's medical bills and added to the amount that is actually meant to cover the bills.

What does "loss of consortium" mean?

Stress and worry over the injury or the case. “Loss of consortium,” meaning that the plaintiff is missing out on family relationships and the benefits they provide.

How to prove professional negligence?

To prove a case of professional negligence against an attorney, the plaintiff must not only prove the existence of a duty and the breach of that duty (i.e., the lawyer's conduct fell below the standard of practice), the plaintiff must also show that the lawyer's conduct was the proximate (or direct) cause of the plaintiff's damages.

What is breach of duty in law?

BREACH OF DUTY. In professional negligence cases, including attorney negligence, the law uses a concept known as "the standard of practice" to determine whether there was a breach of duty. The concept creates an imaginary line along the spectrum of professional practice within the profession under examination.

What are the elements of a civil lawsuit?

Generally speaking, in order to prove a case of negligence in a civil court, the plaintiff must prove four elements: (1) duty; (2) breach of duty; (3) proximate cause; (4) damages.

What are some examples of duties?

Examples of these duties are: (1) when driving an automobile, we have a duty to operate it in a reasonable and careful manner so as not to injure other people and property; (2) we need to keep our homes and business premises free from dangerous conditions so that other people are not injured. ...

What is a fiduciary relationship?

DUTY#N#A lawyer is considered to have a fiduciary relationship to his or her client, which is a duty greater than the ordinary duty of reasonable care. This fiduciary duty to the client is formed upon the formation of the attorney-relationship. The only practical way for a lawyer to demonstrate he or she did not owe a duty to a person claiming to be a client is to establish that the other person was never a client or that the lawyer's actions which are claimed to have been negligent occurred before or after the existence of the attorney-client relationship. Many cases of attorney negligence have been won or lost on factual disputes of this nature.

What is proximate cause?

Proximate cause is a difficult concept for non-lawyers to grasp. Not every act which falls below the standard of practice is necessarily the proximate cause of the plaintiff's damage. For example, if a client hires a lawyer to file a lawsuit, then stops communicating with the lawyer and hires another lawyer to file the same lawsuit, ...

Can negligence be proved?

CONCLUSION#N#Negligence claims against lawyers are one form of negligence cases. Because of their complexity and expense (the cost of expert witnesses) negligence claims against lawyers are often difficult prove. However, in the case of obvious errors (missed statute of limitations or failure to appear for trial), such cases can be justified and won.

What Is The Role of The Attorney General?

How Does One Become Attorney General?

What Are The Most Important Powers of The Attorney General?

• The Attorney General will provide advice and guidance to the president and other high ranking officials regarding the law and how it should be implemented. This provides the Attorney General with a great deal of power, as they would have the ability to shape how laxly or punitively the law is to be applied. As the Justice Department has such wide-r...

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