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Motion (legal) In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. [1] It is a request to the judge (or judges) to make a decision about the case. [1] Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court ...
Of course, a decision by an appellate court that a piece of evidence is inadmissible under Daubert would be binding on district courts within that court's jurisdiction. [citation needed] An evidentiary hearing on the motion may not be necessary if the court finds that it would not assist the court in ruling on any of the matters in the motion.
United States appellate procedure involves the rules and regulations for filing appeals in state courts and federal courts. The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted. There are many types of standard of review for appeals, such as de novo ...
Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment. The Court held that prior testimonial statements of witnesses who have since ...
A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. 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).
Remand (court procedure) Look up remand in Wiktionary, the free dictionary. Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to ...
The appeal may end with a reversal, in which the lower court's decision is found to be incorrect (resulting in the original judgement being vacated, and the lower court instructed to retry the case) [33] or an affirmation, in which the lower court's decision is found to be correct. [34
Shelby County v. Holder, 570 U.S. 529 (2013), is a landmark decision [1] of the Supreme Court of the United States regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and subsection (b) of Section 4 ...
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