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  2. Judicial notice - Wikipedia

    en.wikipedia.org/wiki/Judicial_notice

    Courts have ruled that judicial notice must be taken of federal public laws and treaties, state public laws, and official regulations of both federal and local government agencies. A trial court's decision to take judicial notice or not to do so is reviewed on appeal under the standard of abuse of discretion. [5]

  3. Motion (legal) - Wikipedia

    en.wikipedia.org/wiki/Motion_(legal)

    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 ...

  4. Removal jurisdiction - Wikipedia

    en.wikipedia.org/wiki/Removal_jurisdiction

    If a federal court finds that the notice of removal was in fact defective, or that the federal court does not have jurisdiction, the case is remanded to the state court. A defendant used to have to formally petition the federal court for the right to remove, and jurisdiction was not transferred until the federal court entered a formal order to ...

  5. Civil discovery under United States federal law - Wikipedia

    en.wikipedia.org/wiki/Civil_discovery_under...

    Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...

  6. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

    images.huffingtonpost.com/2013-03-09-amicus.pdf

    Beaudreau2 and the Plaintiffs’ Motion in Wampanoag Tribe of Gay Head (Aquinnah) v. Beaudreau. Amici focus on those issues on which they have greatest expertise. Section I explains why approval of the Project complied with the Endangered Species Act with respect to bird impacts and why the Federal Defendants were not required to obtain a

  7. Federal Rules of Civil Procedure - Wikipedia

    en.wikipedia.org/wiki/Federal_Rules_of_Civil...

    Federal courts are now required to apply the substantive law of the states as rules of decision in cases where state law is in question, including state judicial decisions, and the federal courts almost always are required to use the FRCP as their rules of civil procedure.

  8. Pleading (United States) - Wikipedia

    en.wikipedia.org/wiki/Pleading_(United_States)

    Notice pleading is the dominant form of pleading used in the United States today. [2] 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]

  9. Petition for review - Wikipedia

    en.wikipedia.org/wiki/Petition_for_review

    If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [2] In United States federal courts, the term "petition for review" is also used to describe petitions that seek review of federal agency actions. [3]

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