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The term "Petition" as used in both of these regulations is restricted to those petitions which are directed at the executive or legislative branches of government, and does not include documents filed in a court of law, which are also referred to as "petitions", such as petitions for coram nobis, mandamus, habeas corpus, prohibition, and ...
The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals. The right can be traced back to the Bill of Rights 1689 , the Petition of Right (1628) , and Magna Carta (1215) .
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Because United States habeas corpus law requires petitioners for writs of habeas corpus to have exhausted state court remedies if they were convicted by a state court, habeas petitioners must first file a petition for review in the highest court in the state in which they were convicted, and raise all applicable issues, before filing a petition ...
Defendants may remove state law claims for which a federal court has only supplemental jurisdiction, if they share a common nucleus of operative fact with claims based on federal law. The federal court has the discretion to accept the case as a whole or remand the issues of state law, however the court must apply state substantive law to state ...
Statistically, petitions that appear on the Supreme Court's in forma pauperis docket are substantially less likely to be granted review than others on the docket. [7] Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history where in forma pauperis was invoked. [8]
In law, filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. [1] If a document is delivered to the clerk and is temporarily placed or deposited with the court (but is not accepted for filing), it is said to have been lodged with or received by the court (but not filed). [2]
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