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The Supreme Court normally DIGs a case through a per curiam decision, [a] usually without giving reasons, [2] but rather issuing a one-line decision: "The writ of certiorari is dismissed as improvidently granted." However, justices sometimes file separate opinions, and the opinion of the Court may instead give reasons for the DIG.
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 ...
Denied standing to Americans United on the grounds that the conditional gift of surplus federal property to a religious college was the result of an Executive Branch action under Article IV rather than a Congressional action taken under the Tax and Spending Clause, and therefore was not covered under the Flast test. [7] 5–4
The court rejected the proposed dismissal and filed an injunction that forced the school to admit DeFunis. The university argued that it used a complex formula to predict applicants' success, the Predicted First-Year Average (PFYA), but it was not the only thing taken into account during the application process.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
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 ...
He used as illustrated "a synonym of delay" which yielded only disastrous consequences for the participants. The estate's court case goes on for 12 years, for reasons no one understands, and the entire estate is itself dissipated in the battle. As one writer notes: In the Victorian era, the Court of Chancery was a synonym of delay.