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A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Appellate briefs are briefs that occur at the appeal stage. Memorandum of law may be another word for brief, although that term may also be used to describe an internal document in a law firm in which an attorney attempts to analyze a client's legal position without arguing for a specific interpretation of the law.
Theodore Levin United States Courthouse in Detroit, taken January 2010. Federal Building and U.S. Courthouse in Port Huron, taken August 2003.. The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of Michigan.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial , and it can be used at both the state and federal levels. Black's Law Dictionary (8th ed. 2004) defines "motion in limine " as "a pretrial request that certain inadmissible evidence not be referred to or offered ...
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A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
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