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The term preliminary objection is used in Pennsylvania state court to refer to all motions made after the filing of a complaint but before the filing of an answer; preliminary objections may be made "in the nature of a demurrer" (seeking to dismiss a cause of action for legal insufficiency) or "in the nature of a motion to strike" (seeking to ...
A continuing objection is an objection an attorney makes to a series of questions about a related point. A continuing objection may be made, in the discretion of the court, to preserve an issue for appeal without distracting the factfinder (whether jury or judge) with an objection to every question. A continuing objection is made where the ...
The key principle is that the Court only has jurisdiction on the basis of consent. The court has no true compulsory jurisdiction. Jurisdiction is often a key question for the Court, because it is challenged by the respondent. At the Preliminary Objections phase, a respondent may challenge (i) jurisdiction and/or (ii) admissibility of the case.
Preliminary trial dates were set for 2017. [22] Following the 2016 election, the federal defendants filed a response to the plaintiff's complaint on January 13, 2017, one week before President Obama left office. [24]
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 objection may be raised only before debate has begun on the motion, as the purpose is to completely suppress debate on the motion. [ 2 ] According to Mason's Manual of Legislative Procedure , the purpose of the objection to consideration is to bar from discussion or consideration "any matter that is considered irrelevant, contentious or ...
Preliminary objection of the defendants [ edit ] There was only one preliminary objection filed by the counsel for the defendant, and this was that the Court should not proceed to decide these constitutional issues since there was no claim for compensation originally made in the writ petition and these issues could not be said to arise in the ...
Pro se legal representation (/ ˌ p r oʊ ˈ s iː / or / ˌ p r oʊ ˈ s eɪ /) means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney. The term pro se comes from Latin pro se, meaning "for oneself" or ...