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Texas A&M officials instead hired a private lawyer, and appealed the case to the United States Supreme Court. [14] In their brief, Texas A&M officials changed tactics. They now argued that recognizing the Gay Student Services organization would encourage more homosexual conduct, thus leading to increased psychological and physical problems. [ 15 ]
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 ...
In the United States courts, a motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. [1] It asserts that the evidence allows only one result: victory for the moving party, even if a jury has found otherwise. [2]
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 ...
Seeks an expedited declaratory judgment finding that Section 15 of the Electoral Count Act, 3 U.S.C. §§ 5 and 15 are unconstitutional because these provisions violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution. Plaintiffs also request emergency injunctive relief required to effectuate the requested declaratory ...
This case featured the first example of judicial review by the Supreme Court. Ware v. Hylton, 3 U.S. 199 (1796) A section of the Treaty of Paris supersedes an otherwise valid Virginia statute under the Supremacy Clause. This case featured the first example of judicial nullification of a state law. Fletcher v.
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...
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 ...