Anastasoff V
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Anastasoff V
''Anastasoff v. United States'', 223 F.3d 898 (8th Cir. 2000), was a case decided by the U.S. Eighth Circuit on appeal from the U.S. District Court for the Eastern District of Missouri. It is notable for being the only case to consider the "Anastasoff issue", that is whether Article Three of the United States Constitution requires a federal court to treat unpublished opinions as precedent. The case was subsequently vacated as moot on rehearing en banc, due to the government's decision to pay the taxpayer's claim in full with interest at the statutory rate. In the final decision, the court opinion stated: Before being overturned, the ''Anastasoff'' decision was cited by multiple courts that used unpublished opinions in their decisions, such as ''United States v. Goldman'', No. 00-1276 of September 29, 2000, and ''United States v. Langmade'', No. 00-2019 of December 29, 2000. See also * Non-publication of legal opinions in the United States Non-publication of legal opinions ...
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United States Court Of Appeals For The Eighth Circuit
The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western District of Arkansas * Northern District of Iowa * Southern District of Iowa * District of Minnesota * Eastern District of Missouri * Western District of Missouri * District of Nebraska * District of North Dakota * District of South Dakota The court is composed of eleven active judges and is based primarily at the Thomas F. Eagleton United States Courthouse in St. Louis, Missouri, and secondarily at the Warren E. Burger United States Courthouse in St. Paul, Minnesota. It is one of thirteen United States courts of appeals. In 1929 Congress passed a statute dividing the Eighth Circuit that placed Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Missouri, and Arkansas in the Eighth Circuit and created a Tenth Circuit that included Wy ...
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Catherine D
Katherine, also spelled Catherine, and other variations are feminine names. They are popular in Christian countries because of their derivation from the name of one of the first Christian saints, Catherine of Alexandria. In the early Christian era it came to be associated with the Greek adjective (), meaning "pure", leading to the alternative spellings ''Katharine'' and ''Katherine''. The former spelling, with a middle ''a'', was more common in the past and is currently more popular in the United States than in Britain. ''Katherine'', with a middle ''e'', was first recorded in England in 1196 after being brought back from the Crusades. Popularity and variations English In Britain and the U.S., ''Catherine'' and its variants have been among the 100 most popular names since 1880. The most common variants are ''Katherine,'' ''Kathryn,'' and ''Katharine''. The spelling ''Catherine'' is common in both English and French. Less-common variants in English include ''Katheryn'' ...
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United States District Court For The Eastern District Of Missouri
The United States District Court for the Eastern District of Missouri (in case citations, E.D. Mo.) is a trial level federal district court based in St. Louis, Missouri, with jurisdiction over fifty counties in the eastern half of Missouri. The court is one of ninety-four district-level courts which make up the first tier of the U.S. federal judicial system. Judges of this court preside over civil and criminal trials on federal matters that originate within the borders of its jurisdiction. It is organized into three divisions, with court held in St. Louis, Hannibal, and Cape Girardeau. The court was formed when the District of Missouri was divided into East and West in 1857, and its boundaries have changed little since that division. In its history it has heard a number of important cases that made it to the United States Supreme Court, covering issues related to freedom of speech, abortion, property rights, and campaign finance. There are currently nine active judges, five ju ...
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Richard S
Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'strong in rule'. Nicknames include "Richie", "Dick", "Dickon", " Dickie", "Rich", "Rick", "Rico", "Ricky", and more. Richard is a common English, German and French male name. It's also used in many more languages, particularly Germanic, such as Norwegian, Danish, Swedish, Icelandic, and Dutch, as well as other languages including Irish, Scottish, Welsh and Finnish. Richard is cognate with variants of the name in other European languages, such as the Swedish "Rickard", the Catalan "Ricard" and the Italian "Riccardo", among others (see comprehensive variant list below). People named Richard Multiple people with the same name * Richard Andersen (other) * Richard Anderson (other) * Richard Cartwright (other) * Ri ...
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Gerald Heaney
Gerald William Heaney (January 29, 1918 – June 22, 2010) served for nearly forty years as a United States Circuit judge of the United States Court of Appeals for the Eighth Circuit, from his appointment by President Lyndon B. Johnson in November 1966 until his full retirement in August 2006.Remarks of James Oberstar"Debate on H.R. 187" ''Congressional Record- House'', February 7, 2007, pp. H1299–H1300. Heaney's career in public service began in 1941, upon graduation from law school. He soon enlisted in the United States Army, volunteered for the United States Rangers, and soon became a second lieutenant in the 2nd Ranger Battalion.Jeffrey Brandon Morris, ''Establishing Justice in Middle America: A History of the United States Court of Appeals for the Eighth Circuit'', 150 (U of Minnesota Press - Minneapolis: 2007) . Heaney's endurance as a judge was related to his endurance as a Ranger; of the hundreds of members of the Second Ranger Battalion who landed at Normandy on the e ...
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Paul A
Paul may refer to: *Paul (given name), a given name (includes a list of people with that name) *Paul (surname), a list of people People Christianity *Paul the Apostle (AD c.5–c.64/65), also known as Saul of Tarsus or Saint Paul, early Christian missionary and writer *Pope Paul (other), multiple Popes of the Roman Catholic Church *Saint Paul (other), multiple other people and locations named "Saint Paul" Roman and Byzantine empire *Lucius Aemilius Paullus Macedonicus (c. 229 BC – 160 BC), Roman general *Julius Paulus Prudentissimus (), Roman jurist *Paulus Catena (died 362), Roman notary *Paulus Alexandrinus (4th century), Hellenistic astrologer *Paul of Aegina or Paulus Aegineta (625–690), Greek surgeon Royals *Paul I of Russia (1754–1801), Tsar of Russia *Paul of Greece (1901–1964), King of Greece Other people *Paul the Deacon or Paulus Diaconus (c. 720 – c. 799), Italian Benedictine monk *Paul (father of Maurice), the father of Maurice, Byzan ...
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United States District Court For The District Of Minnesota
The United States District Court for the District of Minnesota (in case citations, D. Minn.) is the United States district court, federal district court whose jurisdiction is the state of Minnesota. Its two primary courthouses are in Minneapolis, Minnesota, Minneapolis and Saint Paul, Minnesota, Saint Paul. Cases are also heard in the federal courthouses of Duluth, Minnesota, Duluth and Fergus Falls, Minnesota, Fergus Falls. Appeals from the District of Minnesota are taken to the United States Court of Appeals for the Eighth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). United States Attorney The United States Attorney's Office for the District of Minnesota represents the United States in civil and criminal litigation in the court. One notable former U.S. Attorney for the District was Cushman K. Davis, who later became govern ...
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Article Three Of The United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judge ...
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Non-publication
Non-publication of legal opinions is the practice of a court issuing unpublished opinions. An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value. In the system of common law, each judicial decision becomes part of the body of law used in future decisions. However, some courts reserve certain decisions, leaving them "unpublished", and thus not available for citation in future cases. It has been argued that non-publication helps stem the problem of too much written material creating too little new law. Specifically, the number of federal appeals filed annually grew from 23,200 to 33,360 between 1980 and 1985, and 55,000 federal appeals were filed in 2000. Conversely, studies have shown how non-publication can distort the law. Selective publication is the legal process by which a judge or justices of a court decide whether or not a decision is to be published in a repor ...
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Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ...
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Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different fro ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
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