Search results
Results from the WOW.Com Content Network
The 2012 term of the Supreme Court of the United States began October 1, 2012, and concluded October 6, 2013. The table illustrates which opinion was filed by each justice in each case and which justices joined each opinion.
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
Federal court rules require a court to accept "all well-pleaded allegations" as true and to construe the factual allegations in the light most favorable to the plaintiff, so as to focus its review of a Rule 12(b)(6) motion on testing the legal sufficiency of the complaint. [6]
National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), is a landmark [2] [3] [4] United States Supreme Court decision in which the Court upheld Congress's power to enact most provisions of the Patient Protection and Affordable Care Act (ACA), commonly called Obamacare, [5] [6] and the Health Care and Education Reconciliation Act (HCERA), including a requirement for most ...
The 2012 term of the Supreme Court of the United States began October 1, 2012, and concluded October 6, 2013. This was the twenty-seventh term of Associate Justice Antonin Scalia's tenure on the Court.
[5] For almost a hundred years this test was the foundation for federal question qualification under § 1331 until the Supreme Court modified it in Mims v. Arrow Financial Services (2012) to be whether “federal law creates [both] a private right of action and furnishes the substantive rules of decision.” [6]
The Rules Enabling Act (ch. 651, Pub. L. 73–415, 48 Stat. 1064, enacted June 19, 1934, 28 U.S.C. § 2072) is an Act of Congress that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and other procedural court rules
There was no dispute that Arizona's preclusion rule barring "successive petitions" was an independent and adequate state ground; federal courts would have no jurisdiction to hear the ineffective assistance claim unless the defendant showed cause for the default. [4] [5] The Arizona Supreme Court dismissed the petition. Martinez then petitioned ...