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Louisville & Nashville Railroad Company v. Mottley, 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a plaintiff's anticipation that the defendant would raise a federal statute as a defense.
Often cited discussion of the Himmel rule are by Richard W. Burke in 3 Geo.J.Legal Ethics 643 (1989-1990) and by Bruce Green in 39 William & Mary Law Review pp. 357–392 (vol. 39, issue 2), although the case has been cited over 300 times, as well as at least mentioned in over 200 law reviews. [6]
In State v. Zweigart, 344 Or. 619 (Or. 2008), the Oregon Supreme Court held that "a jury must agree, not only that a defendant is guilty of a crime, but also on all the facts material to prove the crime." This means the jury would not be allowed to have half of the jurors using one set of facts and the other half using another even if all of ...
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
The Illinois Supreme Court has upheld the state's ban on the sale or possession of the type of semiautomatic weapons used in hundreds of mass killings nationally. In a 4-3 decision Friday, the ...
In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2] Under the Federal Rules, a plaintiff's complaint merely needs to contain a short and plain statement of their cause of ...
While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief. Our decision in Twombly illustrates the two-pronged approach.
Norfolk State University men's basketball coach Robert Jones (pictured) and Illinois State University coach Ryan Pedon were in a heated altercation in front of the scorer's table over alleged ...