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The United States Supreme Court has held that taxpayer standing is not by itself a sufficient basis for standing against the United States government. [60] The Court has consistently found that the conduct of the federal government is too far removed from individual taxpayer returns for any injury to the taxpayer to be traced to the use of tax ...
Held that proponents of a California ballot initiative against gay marriage did not have standing to defend the law in court after the governor and attorney general refused to do so; The decision had the effect of legalizing gay marriage in California: 5–4 Spokeo, Inc. v. Robins: 2016
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
The Supreme Court has held that the mere fact of ownership of property within a state is not sufficient to provide minimum contacts for a court to hear cases unrelated to that property. [15] However, the property alone provides a sufficient contact for a court having jurisdiction over that geographic area to adjudicate claims relating to the ...
In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process. Competency was originally established by the Supreme Court of the United States as the evaluation of a defendant's competence to proceed to trial . [ 1 ]
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
Judicial economy or procedural economy [1] [2] [3] is the principle that the limited resources of the legal system or a given court should be conserved by the refusal to decide one or more claims raised in a case.
(a) In accepting a plea of guilty or nolo contendere, the court should make such inquiry as may be necessary to satisfy itself that there is a factual basis for the plea. As part of its inquiry, the defendant may be asked to state on the record whether he or she agrees with, or in the case of a nolo contendere plea, does not contest, the ...