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The California Racial Justice Act of 2020 bars the state from seeking or securing a criminal conviction or imposing a sentence on the basis of race, ethnicity or national origin. The Act, in part, allows a person to challenge their criminal case if there are statistical disparities in how people of different races are either charged, convicted ...
An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1] A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
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 ...
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A motion to vacate may refer to either: A legal motion seeking vacatur of a judgment or other ruling; A motion to vacate the chair, seeking removal of a legislative ...
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