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In law, ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin term meaning literally "from/out of the party/faction [1] of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), is a landmark decision of the U.S. Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional.
Ex parte Grossman, 267 U.S. 87 (1925), was a US Supreme Court case that held that the US President may pardon criminal contempt of court. [1] [2] Grossman had been convicted of criminal contempt but was pardoned by the President. The district court subsequently sent him back to prison.
In Endo's case—Ex parte Mitsuye Endo—the court unanimously ruled on Dec. 18, 1944, that the government could not detain citizens who were loyal to the United States. The day before the ruling, hearing that the case would go against his Executive Order 9066 Pres. Roosevelt issued an order allowing Japanese Americans to return to the West Coast.
Ex parte Jackson (1877) was perhaps the first criminal Fourth Amendment case to reach the Supreme Court. [38] The Court held that a warrant was required to open mail. [38] In Ex parte Spies (1887), the Court held that a Fourth Amendment claim was waived because the facts establishing the legality of the search did not appear in the record. [110]
The Taney Court heard seven additional such petitions. In Ex parte Wells (1855), over the dissents of Judges Curtis and Campbell, the Court affirmed the holding of the Marshall Court that original habeas petitions were a constitutionally permissible exercise of the Court's appellate jurisdiction. [23] [n 2]
Ex parte Joins, 191 U.S. 93 (1903), was a case in which the Supreme Court of the United States held that a request for a writ of prohibition was moot, as the lower court case had already been completed prior to the petition being heard at the Supreme Court.
In Ex parte Robinson (1873), on a petition for a writ of mandamus, the Court held that fines and imprisonment are the only punishments authorized by the Judiciary Act of 1789 for contempt of court. Thus, where attorney misconduct took place before a criminal grand jury, the Court held that the attorney could not be disbarred for contempt. [35]
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