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Arkansas State Highway Employees, where the U.S. Supreme Court ruled that the Arkansas State Highway Commission's refusal to consider employee grievances when filed by the union, rather than directly by an employee of the State Highway Department, did not violate the First Amendment to the United States Constitution. [19]
The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
There are two distinct forms of appellate review, "direct" and "collateral". For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d ...
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] 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]
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 ...
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]
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