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The process for replacing a Supreme Court justice attracts considerable public attention and is closely scrutinized. [1] Typically, the whole process takes several months, but it can be, and on occasion has been, completed more quickly. Since the mid 1950s, the average time from nomination to final Senate vote has been about 55 days.
Generally, the Court's decision is the opinion which a majority (five or more) of justices have joined. In rare instances, the Court will issue a plurality opinion in which four or fewer Justices agree on one opinion, but the others are so fractured that they cannot agree on a position. In this circumstance, in order to determine what the ...
The court reporter, who is an officer of the court, administers the oath to the deponent. The person to be deposed (questioned) at a deposition, known as the deponent, is usually notified to appear at the appropriate time and place by means of a subpoena. Frequently, the most desired witness (the deponent) is an opposite party to the action.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Admission to the bar in the United States is the granting of permission by a particular court system to a lawyer to practice law in the jurisdiction. Each U.S. state and jurisdiction (e.g. territories under federal control) has its own court system and sets its own rules and standards for bar admission.
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term legal proceedings includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". [1]
Currently, 27 states and the U.S. territory American Samoa have capital punishment, and while some states have statutes where it can be used for convictions other than murder, it's almost used ...
The appellate court will typically be deferential to the lower court's findings of fact (such as whether a defendant committed a particular act), unless clearly erroneous, and so will focus on the court's application of the law to those facts (such as whether the act found by the court to have occurred fits a legal definition at issue).