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This file is a work of an officer or employee of the Supreme Court of the United States, taken or made as part of that person's official duties. As a work of the U.S. federal government , the file is in the public domain in the United States.
The default judgment is the relief requested in the party's original petition. [1] Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue.
However, justices sometimes file separate opinions, and the opinion of the Court may instead give reasons for the DIG. A DIG can come as a surprise or disappointment to parties who have put significant effort into getting a case to the Court, to third parties who have filed amicus briefs to express their views to the Court, or to members of the ...
Procedural default is a concept in American federal law that requires a state prisoner seeking a writ of habeas corpus in federal court to have "present[ed] his federal law argument to the state courts in compliance with state procedural rules.
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
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 ...
Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), was a United States Supreme Court case that held that state and federal courts cannot, on a motion to vacate or to modify an arbitration award, expand the limited scope of judicial review specified in 9 U.S.C. §§ 10 and 11, including terms that were agreed upon by the parties.
In law, filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. [1] If a document is delivered to the clerk and is temporarily placed or deposited with the court (but is not accepted for filing), it is said to have been lodged with or received by the court (but not filed). [2]