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The Supreme Court has largely interpreted the Petition Clause as coextensive with the Free Speech Clause of the First Amendment, but in its 2010 decision in Borough of Duryea v. Guarnieri (2010) it acknowledged that there may be differences between the two: This case arises under the Petition Clause, not the Speech Clause.
The prohibition of abridgment of the "right to petition" originally referred only to the Congress and the U.S. federal courts.The incorporation doctrine later expanded the protection of the right to its current scope, over all state and federal courts and legislatures, and the executive branches of the state [4] and federal governments.
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 ...
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 ...
This is the first freedom suit in Missouri to be taken to the newly established state supreme court. Winny had been held as a slave for years by her masters in the free state of Illinois; she filed for freedom after they moved to Missouri. The case marked the beginning of the "once free, always free" era in Missouri.
The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from state to state. The right to file an appeal can also vary from state to state; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of ...
The writ is usually issued to a state supreme court (including high courts of the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa), but is occasionally issued to a state's intermediate appellate court for cases where the state supreme court denied certiorari or review and ...
King's Bench jurisdiction or King's Bench power is the extraordinary jurisdiction of an individual state's highest court over its inferior courts. In the United States, the states of Pennsylvania, Virginia, Florida, New Mexico, New York, Oklahoma and Wisconsin [1] use the term to describe the extraordinary jurisdiction of their highest court, called the Court of Appeals in New York or the ...
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