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Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can explicitly or implicitly waive their right to object to the court hearing the case.
The court reversed a dismissal based upon lack of personal jurisdiction granted by the lower court. The court in this case applied the "minimum contacts" principle set forth by International Shoe and the "effects" test set forth by Calder. It held that the defendants' statements were published with the knowledge or purpose of causing harm to ...
Rule 50 addresses situations in which a case is so one-sided that the court may grant "judgment as a matter of law" taking the case from the jury. Rule 51 governs jury instructions. Rule 52 provides procedure for the judge to hand down findings and conclusions following non-jury trials.
The Supreme Court reversed, and remanded the case to the Ninth Circuit Court of Appeals. On remand, the court analyzed the case under the new standard, upholding the district court's original grant of summary judgement for the defendant. [5] After Daubert, it was expected that the range of scientific opinion evidence used in court would be ...
The examination rule, the lawsuit says, would allow "demands that county boards make available to any board member for examination 'all election related documentation created during the conduct of ...
Ricci v. DeStefano, 557 U.S. 557 (2009), is a United States labor law case of the United States Supreme Court on unlawful discrimination through disparate impact under the Civil Rights Act of 1964.
Once issues concerning the producibility of a requested statement have been raised, it is the duty of the court to conduct some sort of inquiry. This is a question for the court, and not the jury. [79] [80] A trial court's decision of what material must be produced under the Act is subject to review under the "clearly erroneous" standard. [81]
An exception exists when this situation arises in one of the now-rare cases brought directly to the Supreme Court on appeal from a United States District Court; in this situation, the case is referred to the U.S. Court of Appeals for the corresponding circuit for a final decision there by either the Court of Appeals sitting en banc, or a panel ...
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