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A conditional appearance has two primary forms, the limited appearance, which disputes liability to the limited extent of identified property, and the special appearance, which allows a defendant to dispute the personal jurisdiction of the court over the defendant so as to avoid default while the defendant seeks the dismissal of the action. A ...
In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty. Generally, speaking in private, civil cases there is no plea entered of guilt or innocence.
Rothgery v. Gillespie County, 554 U.S. 191 (2008), is a United States Supreme Court case in which the Court held that a criminal defendant's initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. [1]
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 ...
The Liebeck case trial took place from August 8 to 17, 1994, before New Mexico District Court Judge Robert H. Scott. [20] During the case, Liebeck's attorneys discovered that McDonald's required franchisees to hold coffee at 180–190 °F (82–88 °C). Liebeck's attorneys argued that coffee should never be served hotter than 140 °F (60 °C ...
Day two of Hunter Biden’s trial for federal gun charges kicks off with opening statements from both sides. Yesterday, a jury was selected to hear the case.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
In the months leading up to his first court appearance on August 6, the documentary shows an overt trend among members of the media, public, and former and current NBA players voicing their ...