TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P51

Gale Encyclopedia of American Law Volume 8 P51 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 488 SANCTION SANCTION To assent concur confirm approve or ratify. The part of a law that is designed to secure enforcement by imposing a penalty for violation of the law or offering a reward for its observance. A punitive act taken by one nation against another nation that has violated a treaty or international law. Sanction is a broad term with different meanings in different contexts. It can be used to describe tacit or explicit approval. Used in this sense the term usually is used in assigning liability to a party who was not actively involved in wrongdoing but who did nothing to prevent it. For example if the upper-level managers of a business knew that their employees were using unfair employment practices and did nothing to stop them it may be said that the managers sanctioned the unfair practices. The term sanction also can describe disagreement and condemnation. In criminal law a sanction is the punishment for a criminal offense. The criminal sanction for a criminal defendant varies according to the crime and includes such measures as death incarceration probation community service and monetary fines. In civil law a sanction is that part of a law that assigns a penalty for violation of the law s provisions. The most common civil sanction is a monetary fine but other types of sanctions exist. Depending on the case a sanction may be the suspension or revocation of a business professional or hobby license or a court order commanding a person to do or refrain from doing something. A sanction may even be tailored to the case at hand. For instance under Rule 37 of the Federal Rules of civil procedure if a party refuses to obey a discovery order or an order to relinquish requested evidence the court may order that the evidence sought be automatically construed in favor of the requesting party refuse to allow the disobedient party to make claims or defenses related to the evidence stay or postpone the case until the discovery order is obeyed dismiss the action or .

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