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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 ...
Missouri v. Galin E. Frye , 566 U.S. 134 (2012), was a case in which the United States Supreme Court ruled that attorneys of criminal defendants have the duty to communicate plea bargains offered to the accused.
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
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Appeal (motion) Suspend the rules; Objection to the consideration of a question; Division of a question; Consideration by paragraph or seriatim; Division of the assembly; Motions relating to methods of voting and the polls; Motions relating to nominations; Request to be excused from a duty; Requests and inquiries. Parliamentary inquiry; Request ...
A motion or application for leave is a motion filed with the court seeking permission to deviate from an established rule or procedure of the court. [ 1 ] The most common use of a motion for leave is to seek an extension to an already-passed time frame to amend a court pleading , which is allowed once under the Federal Rules of Criminal ...
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