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Grant, Vacate, Remand
A grant, vacate, remand (GVR) is a type of order issued by the Supreme Court of the United States in which the Court simultaneously grants a petition for certiorari, vacates the decision of the court below, and remands the case for further proceedings. An order of this sort is typically appropriate when there has been a change in legal circumstances subsequent to the lower court or agency's decision, such as a change in the law, a precedential ruling, or a confession of error; the Supreme Court simply sends the case back to the lower court to be reconsidered in light of the new law or the new precedent. GVR orders are designed to be efficient and thus are not full explications of the law, and have no precedential effect. GVR orders are usually not explained with lengthy opinions. In 1996, the Supreme Court discussed the appropriateness of GVR orders and upheld their use in a ''per curiam'' opinion in the case '' Lawrence v. Chater''. An example of the Supreme Court issuing a GVR ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, 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 centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vacated Judgment
A vacated judgment (also known as vacatur relief) is a legal judgment that legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ... may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or '' sua sponte'' (at the court's initiative). A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment. Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted. Notable defendants having their convictions vac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause and ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to lower courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confession Of Error
Confession of error is a legal practice whereby the Solicitor General of the United States in his or her role representing the federal government before the Supreme Court of the United States admits a lower court incorrectly decided a case and it is thereby sent back for reconsideration. By confessing error, the Solicitor General declares that the federal government's position, which prevailed in the lower court, was wrong. The Supreme Court typically then vacates the lower court's judgment and remands the case to allow the lower court to consider it in light of the confession of error. The practice was introduced in 1891 by William Howard Taft (who would later be U.S. president and then chief justice). At his urging, the Supreme Court overturned a murder conviction which had been obtained by inadmissible hearsay evidence in Texas. A more modern example is that of Solicitor General Drew S. Days III, who argued in a petition for certiorari In law, ''certiorari'' is a court p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawrence V
Lawrence may refer to: Education Colleges and universities * Lawrence Technological University, a university in Southfield, Michigan, United States * Lawrence University, a liberal arts university in Appleton, Wisconsin, United States Preparatory & high schools * Lawrence Academy at Groton, a preparatory school in Groton, Massachusetts, United States * Lawrence College, Ghora Gali, a high school in Pakistan * Lawrence School, Lovedale, a high school in India * The Lawrence School, Sanawar, a high school in India Research laboratories * Lawrence Berkeley National Laboratory, United States * Lawrence Livermore National Laboratory, United States People * Lawrence (given name), including a list of people with the name * Lawrence (surname), including a list of people with the name * Lawrence (band), an American soul-pop group * Lawrence (judge royal) (died after 1180), Hungarian nobleman, Judge royal 1164–1172 * Lawrence (musician), Lawrence Hayward (born 1961), British ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State V
State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a state where the majority identify with a single nation (with shared culture or ethnic group) ** Constituent state, a political subdivision of a state ** Federated state, constituent states part of a federation *** U.S. state * State of nature, a concept within philosophy that describes the way humans acted before forming societies or civilizations State may also refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future gover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kansas Court Of Appeals
Kansas ( ) is a landlocked state in the Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named after the Kansas River, in turn named after the Kansa people. Its capital is Topeka, and its most populous city is Wichita; however, the largest urban area is the bi-state Kansas City metropolitan area split between Kansas and Missouri. For thousands of years, what is now Kansas was home to numerous and diverse Indigenous tribes. The first settlement of non-indigenous people in Kansas occurred in 1827 at Fort Leavenworth. The pace of settlement accelerated in the 1850s, in the midst of political wars over the slavery debate. When it was officially opened to settlement by the U.S. government in 1854 with the Kansas–Nebraska Act, conflict between abolitionist Free-Staters from New England and pro-slavery settlers from neighboring Missouri broke out over the question of w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bowers V
Bowers may refer to: Persons * Bowers (surname) Places ;Antarctica * Bowers Mountains * Bowers Piedmont Glacier ;United Kingdom * Bowers, Staffordshire, England * Bowers Gifford, Essex, England ;United States * Bowers, Delaware * Bowers, Indiana * Bowers, Pennsylvania * Bowers, Wisconsin * Bowers House (other), several structures * Bowers Museum, Santa Ana, California * Bowers Stadium, Sam Houston University, Texas Other uses * Bowers & Wilkins, a loudspeaker company in the United Kingdom * USS ''Bowers'' (DE-637) * '' Bowers v. Hardwick'', a 1986 U.S. Supreme Court decision * '' Bowers v. Kerbaugh-Empire Co.'', a 1926 U.S. Supreme Court decision * Bowers Coaches, a bus company based in the High Peak area of Derbyshire in England * Bowers' operators, a way to write large numbers * Betty Bowers, a fictional character See also * Bauer (other) Bauer is a German surname meaning "peasant" or "farmer". For notable people sharing the surname Bauer, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kansas Supreme Court
The Kansas Supreme Court is the highest judicial authority in the U.S. state of Kansas. Composed of seven justices, led by Chief Justice Marla Luckert, the court supervises the legal profession, administers the judicial branch, and serves as the state court of last resort in the appeals process. Functions Judicial The Kansas Supreme Court's most important duty is being the state court of last resort and the highest judicial authority in the state of Kansas. The Court rarely conducts a trial. Its judicial responsibilities include hearing direct appeals from the district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. The Court has the authority to review cases decided by the Court of Appeals and the ability to transfer cases to the U.S. Supreme Court. Administration The Kansas Supreme Court must adopt and submit to the Kansas Legislature an annual budget for the entire judicial branch of Kansas government ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procedures Of The Supreme Court Of The United States
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Court are governed by the U.S. Constitution, various federal statutes, and its own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the president. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office. Established pursuant to Article III, Section 1 of the Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of constitutional or statutory law. Most of the cases the Supreme Court hears are appeals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shadow Docket
The shadow docket (or non-merits docket) refers to motions and orders in the Supreme Court of the United States in cases which have not yet reached Judgment (law), final judgment, decision on appeal, and oral argument. This especially refers to Stay of execution, stays and injunctions (preliminary relief), but also includes Summary (law), summary decisions and Grant, vacate, remand order, grant, vacate, remand (GVR) orders. The phrase "shadow docket" was first used in this context in 2015 by University of Chicago Law School, University of Chicago Law professor William Baude. The shadow docket is a break from United States Supreme Court procedure, ordinary procedure. Such cases receive very limited briefings and are typically decided a week or less after an application is filed. The process generally results in short, unsigned rulings. On the other hand, merits cases take months, include oral argument, and result in lengthy opinions detailing the reasoning of the majority and concu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
