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[5] With Gaines's application formally denied, the mandamus petition was now moot. Houston and the NAACP filed another petition, State ex rel. Gaines v. Canada, arguing that the law school's refusal to admit him on racial grounds was a violation of his Fourteenth Amendment rights. The university responded with the same points it had made in the ...
An objection to form—to the wording of a question rather than its subject matter—is not itself a distinct objection reason, but a category that includes ambiguity, leading, compounding and others. Court rules vary as to whether an "objection to form," by itself, preserves the objection on the record or requires further specification. [8]
But in 147 incidents, marshals seized cash, jewelry, cell phones, and automobiles even though no contraband was found, and the motorist was not charged with any crime. [1] Many of these were African-American or Latino drivers. [2] [3] At least 150 motorists had property seized by the Tenaha marshal’s office, totaling more than US$3 million. [2]
California is the major "outlier" on deposition objections; under the California Civil Discovery Act as enacted in 1957 and heavily revised in 1986, most objections must be given on the record at the deposition (and must be specific as to the objectionable nature of the question or response) or they are permanently waived. [14]
Requests for admission are a list of questions which are similar in some respects to interrogatories, but different in form and purpose.Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why they can neither admit nor deny the truthfulness of the statement (e.g. for lack of knowledge, etc.).
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
Texas v. White, 74 U.S. (7 Wall.) 700 (1869), was a case argued before the Supreme Court of the U.S. in 1869. [1] The case's notable political dispute involved a claim by the Reconstruction era government of Texas that U.S. bonds owned by Texas since 1850 had been illegally sold by the Confederate state legislature during the American Civil War.
Marshalling is an equitable doctrine applied in the context of lending. It was described by Lord Hoffmann as: [A] principle for doing equity between two or more creditors, each of whom are owed debts by the same debtor, but one of whom can enforce his claim against more than one security or fund and the other can resort to only one.