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The adequate and independent state ground doctrine states that when a litigant petitions the U.S. Supreme Court to review the judgment of a state court which rests upon both federal and non-federal (state) law, the U.S. Supreme Court does not have jurisdiction over the case if the state ground is (1) “adequate” to support the judgment, and ...
The word "incumbent" is derived from the Latin verb incumbere, literally meaning "to lean or lay upon" with the present participle stem incumbent-, "leaning a variant of encumber, [1] while encumber is derived from the root cumber, [2] most appropriately defined: "To occupy obstructively or inconveniently; to block fill up with what hinders freedom of motion or action; to burden, load."
In a legal dispute, one party is initially presumed to be correct and gets the benefit of the doubt, while the other side bears the burden of proof. When a party bearing the burden of proof meets their burden, the burden of proof switches to the other side. Burdens may be of different kinds for each party, in different phases of litigation.
It is incumbent upon all of us to confront voting disenfranchisement head-on and work toward a more equitable and inclusive democracy. To address this inequality, Oklahoma policymakers have ...
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
It is incumbent upon the defense to file a motion with the court that it believes that the failure of the prosecution to produce the document is a violation of the Jencks Act. [105] [106] If the interests of justice require such, the trial is properly called a mistrial. [13] [104]
It is incumbent upon the courts in different jurisdictions to be sensitive to each other's reactions; but what they are all searching for in others, and each of them striving to achieve, is a careful analysis and weighing of the relevant competing considerations."
Legally, the incumbent is a corporation sole i.e. "a legal entity vested in an individual and his successors by reason of his office" [1] and any particular occupant had the right to receive the income and make use of its assets to support him in his ministry.