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In parliamentary procedure, reconsideration of a motion (or reconsideration of a question) may be done on a matter previously decided. The motion to "reconsider" is used for this purpose. This motion originated in the United States and is generally not used in parliaments. [1] [2] A special form of this motion is reconsider and enter on the ...
An attorney may also raise an objection against a judge's ruling, to preserve the right to appeal that ruling. Under certain circumstances, a court may need to hold some kind of pretrial hearing and make evidentiary rulings to resolve important issues like personal jurisdiction, or whether to impose sanctions for extreme misconduct by parties or counsel.
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 ...
Fifth Circuit Court of Appeals make guesses as to how the Texas Supreme Court would rule on an issue of state law that is still unsettled due to a conflict among the intermediate courts of appeals. [4] Such an issue may also be referred to the Texas Supreme Court by certified question, [5] but this procedure is rarely employed.
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.
Cochran County, which borders New Mexico, joins a small group of other rural Texas counties that have passed these ordinances. Abortion-rights supporters say the new policies are not legal.
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Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.