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(1) Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255; and (2) Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 ...
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.
Robert's Rules of Order Newly Revised allows this motion to be used if the occupant of the chair is not the regular presiding officer of a society, in which case it is a question of privilege affecting the assembly. [1] If the chair is the regular presiding officer, the motion to declare the chair vacant cannot be used. [2]
Jul. 7—Issue 1, up for a statewide vote on Aug. 8, proposes making it harder to pass a constitutional amendment and making it harder for citizen-initiated amendments to get on the ballot in the ...
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 ...
The motion to vacate rule currently allows just a single member of Congress to call for a no-confidence vote against the speaker. The new agreement raises that threshold to nine. The new agreement ...
The first sentence of the article had been "In disciplinary procedures, the motion to declare the chair vacant is used as a remedy to misconduct or dereliction of duty by the chairperson of a deliberative assembly, when the rules allow it." I didn't add that here because it seems too narrow; a motion to vacate doesn't have to be based on any ...
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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