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After an appeal is heard, the "mandate" is a formal notice of a decision by a court of appeal; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court.
A federal judge's ruling on how much of House Bill 1775 can be enforced has drawn appeals from both sides to the 10th U.S. Circuit Court of Appeals.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
(The Center Square) – Illinois Gov. J.B. Pritzker is adamant the state must appeal a federal judge’s ruling that its gun and magazine ban is unconstitutional. On the House floor Tuesday, state ...
The rule is quite straightforward; its court room application is mostly exactly as stated. Motions to set aside judgment in criminal cases are rare: in U.S. jurisprudence the writ of habeas corpus is the usual method of attacking a criminal conviction after the right of appeal has been exhausted.
A federal judge has denied federal labor unions' request to temporarily block the Trump administration from carrying out mass firing of probationary employees and deferred resignation offers ...
The Republican National Committee and the Georgia Republican Party are appealing a ruling from Fulton County Superior Court Judge Thomas Cox, who ruled Wednesday that the State Election Board did not have the authority to pass the rules and ordered it to immediately inform all state and local election officials that the rules are void and not ...
It is also true that when a motion is made before or during trial that the lawyers conduct themselves before the judge in a manner similar to the presentation of the case on appeal, the lawyers present their arguments to the judge in a more conversational mode; in some pre-trial proceedings these appearances may not be recorded by court ...