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The merits hearing may be a matter of days or perhaps even more than a year later, depending on the type of relief requested and the particular court's docket. However, if the only form of relief from removal available or requested is voluntary departure , the immigration judge will most often grant or deny the respondent's request for ...
It is not uncommon for summary judgments of the lower U.S. courts in complex cases to be overturned on appeal. A grant of summary judgment is reviewed de novo, [15] meaning, without deference to the views of the trial judge, both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.
Involuntary dismissal is the termination of a court case despite the plaintiff's objection.. In United States federal courts, involuntary dismissal is governed by Federal Rules of Civil Procedure (FRCP) Rule 41(b).
Merit briefs (or briefs on the merits) are briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases Amicus briefs are briefs filed by persons not directly party to the case. These are often groups that have a direct interest in the outcome. Appellate briefs are briefs that occur at the appeal stage.
The prisoner's ex parte application sought only an order requiring the person holding the prisoner to appear before the court to justify the prisoner's detention; no order requiring the freeing of a prisoner could be given until after the jailer was given the opportunity to contest the prisoner's claims at a hearing on the merits.
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...