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Interlocutory Appeal
An interlocutory appeal (or interim appeal), in the law of civil procedure in the United States, occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. Interlocutory appeals are allowed only under specific circumstances, which are laid down by the federal and the separate state courts. United States An appeal is described as interlocutory when it is made before all claims are resolved as to all parties. For instance, if a lawsuit contains claims for breach of contract, fraud and interference with contractual advantage, and if there are three defendants in this lawsuit, then until all three claims are resolved as to all three defendants, any appeal by any party will be considered interlocutory. The American courts disfavor such appeals, requiring parties to wait until all the claims as to all parties are resolved before any appeal can be brought to challenge any of the decisions made by the judge during the life of the case. "Altho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function. Differences between civil and criminal procedure In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow private citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for their own benefit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Mandate (California)
The writ of mandate is a type of extraordinary writ in the U.S. state of California. In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things. A writ of mandate may be granted by a court as an order to an inferior tribunal, corporation, board or person, both public and private. Unlike the federal court system, where interlocutory appeals may be taken on a permissive basis and mandamus are usually used to contest recusal decisions, the writ of mandate in California is not restricted to ''purely'' ministerial tasks, but can be used to correct any legal error by the trial court. Nonetheless, ordinary writ relief in the Court of Appeal is rarely granted. Writs are generally divided into two categories: the most common form of writ petition is ordinary mandate, which is a highly informal process mostly governed by advisory rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion To Suppress
Suppression of evidence is a term used in the United States legal system to describe the lawful or unlawful act of preventing evidence from being shown in a trial. This could happen for several reasons. For example, if a judge believes that the evidence in question was obtained illegally, the judge can rule that it not be shown in court. It could also refer to a prosecutor improperly or intentionally hiding evidence that does not go with their case (their theory of what happened) and could suggest or prove to the judge or jury that the defendant is not guilty or that (s)he is legally obligated to show the defense. In the latter case, this would be a violation of the 5th amendment to the United States Constitution. Also Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to "make timely disclosure to the defense of all evidence or information that tends to negate the guilt of the accused or mitigates the offense." (This is not for all states.) This can r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion (legal)
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The District Of Louisiana
The following are former United States district courts, which ceased to exist because they were subdivided into smaller units. With the exception of California, each of these courts initially covered an entire U.S. state, and was subdivided as the jurisdictions which they covered increased in population. Two of the district courts—those of South Carolina and New Jersey—were subdivided but later recreated. Every change to the divisions and boundaries of these courts is effected by an act of the United States Congress, and for each such action, the statutory reference is identified. Alabama The United States District Court for the District of Alabama was created on April 21, 1820, by .Asbury Dickens, ''A Synoptical Index to the Laws and Treaties of the United States of America'' (1852), p. 390. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louisiana Courts Of Appeal
The Louisiana Circuit Courts of Appeal are the intermediate appellate courts for the state of Louisiana. There are five circuits, each covering a different group of parishes. Each circuit is subdivided into three districts. As with the Louisiana Supreme Court, the regular judicial terms on the courts of appeal are ten years. The courts of appeal are housed in the following cities in Louisiana: First Circuit – Baton Rouge Second Circuit – Shreveport Third Circuit – Lake Charles Fourth Circuit – New Orleans Fifth Circuit – Gretna Jurisdiction The Circuit Courts of Appeal have appellate jurisdiction over all civil matters, all matters appealed from family and juvenile courts, and most criminal cases that are tryable by a jury. A court of appeal also has supervisory jurisdiction to review interlocutory orders and decrees in cases which are heard in the trial courts within their geographical circuits. One unique feature of the Courts of Appeal of Louisia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supervisory Writs
Supervision is an act or instance of directing, managing, or oversight. Etymology The English noun "supervision" derives from the two Latin words "super" (above) and "videre" (see, observe). Spelling The spelling is "Supervision" in Standard English of all English linguistic varieties, including North American English. Definitions Supervision is the act or function of overseeing something or somebody. A person who performs supervision is a "supervisor", but does not always have the formal title of supervisor. A person who is getting supervision is the "supervisee". Theoretical scope Generally, supervision contains elements of providing knowledge, helping to organize tasks, enhance motivation, and monitoring activity and results; the amount of each element is varying in different contexts. Nature of supervision Academia In academia, supervision is aiding and guiding of a postgraduate research student, graduate student, or undergraduate student, in their research project; off ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. A large part of its eastern boundary is demarcated by the Mississippi River. Louisiana is the only U.S. state with political subdivisions termed parishes, which are equivalent to counties, making it one of only two U.S. states not subdivided into counties (the other being Alaska and its boroughs). The state's capital is Baton Rouge, and its largest city is New Orleans, with a population of roughly 383,000 people. Some Louisiana urban environments have a multicultural, multilingual heritage, being so strongly influenced by a mixture of 18th century Louisiana French, Dominican Creole, Spanish, French Canadian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and South Carolina to the south, and Tennessee to the west. In the 2020 census, the state had a population of 10,439,388. Raleigh is the state's capital and Charlotte is its largest city. The Charlotte metropolitan area, with a population of 2,595,027 in 2020, is the most-populous metropolitan area in North Carolina, the 21st-most populous in the United States, and the largest banking center in the nation after New York City. The Raleigh-Durham-Cary combined statistical area is the second-largest metropolitan area in the state and 32nd-most populous in the United States, with a population of 2,043,867 in 2020, and is home to the largest research park in the United States, Research Triangle Park. The earliest evidence of human occupation i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Civil Practice Law And Rules
The New York (state), New York ''Civil Practice Law and Rules'' (CPLR) is chapter 8 of the ''Consolidated Laws of New York'' and governs procedural law, legal procedure in the judiciary of New York, Unified Court System such as jurisdiction, Venue (law), venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability The CPLR has approximately 700 individual sections and rules which are divided into 70 articles. It has been the law of New York since 1962, when it replaced the older "Civil Practice Act". A committee of the New York State Bar Association, the Committee on Civil Practice Law and Rules, monitors the law and periodically proposes amendments. See also * Law of New York References External links Civil Practice Law and Rulesfrom the Legislative Bill Drafting Commission Civil Practice Law and Rulesfrom FindLaw Civil Practice Law and Rulesfrom Justia New York CPLR (Redbook), 2015 Edition from LexisNexis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state)
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's popul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
