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The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
State courts vary in their use of ex parte proceedings (for example, in custody cases, replevin cases and other civil matters), though most have it in one form or another. For example, in the States of California and Illinois, ex parte proceedings are available if notice is given before 10 a.m. the previous court day, or even shorter upon ...
In law, inter partes (Law Latin for 'between the parties' [1]) is a legal term that can be distinguished from in rem, which refers to a legal action whose jurisdiction is based on the control of property, or ex parte, which refers to a legal action that is by a single party.
Ex parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. [1] It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus " under the Constitution's Suspension Clause , when Congress was in recess and therefore ...
Contested case hearing is the name for quasi-judicial administrative hearings governed by state law. [which?] State agencies that make decisions that could affect people's "rights, duties, and privileges" must have a process for holding contested case hearings. The purpose of these hearings is to provide the decision-makers with the most ...
‘California Votes: Exercise Your Right!’ opened Friday.
Appeals to a PTAB's decision are heard by the United States Court of Appeals for the Federal Circuit. This process is designed to reduce the costs and time of litigating patents; a jury trial may require millions of dollars to be spent by parties, while an inter partes review can cost only hundreds of thousands of dollars or less in some cases. [5]
Ex parte McCardle, 74 U.S. (7 Wall.) 506 (1869), was a United States Supreme Court decision in which the Court held that Congress has the authority to withdraw the Supreme Court's appellate jurisdiction to review decisions of lower courts at any time. [1] The entirety of the Court's appellate jurisdiction is determined by federal law. [2]