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A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
The Williams Rule is based on the holding in the Florida state case of Williams v. State [1] in which relevant evidence of collateral crimes is admissible at jury trial when it does not go to prove the "bad character" or "criminal propensity" of the defendant but is used to show motive, intent, knowledge, modus operandi, or lack of mistake.
Strike for cause (also referred to as challenge for cause or removal for cause) is a method of eliminating potential members from a jury panel in the United States.. During the jury selection process, after voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict, in either determining guilt or innocence and/or a ...
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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Naugle v. Philip Morris was a landmark 2009 court case in which a jury awarded the plaintiff Lucinda Naugle $300 million. [1] [2] The award included $56.6 million in compensatory damages for medical expenses and $244 million in punitive damages.
A motion to strike may refer to: Motion to strike (court of law), a legal motion given by one party in a trial requesting the presiding judge order the removal of ...
Case history; Prior: Motion to dismiss denied, 801 F. Supp. 655 (S.D. Fla. 1992); reversed, 11 F.3d 1016 (11th Cir. 1994); cert. granted, 513 U.S. 1125 (1995).: Holding; Congress does not have the power under the Commerce Clause to abrogate the sovereign immunity afforded to states under the 11th Amendment; the doctrine of Ex parte Young, which allows parties to seek relief against state ...
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