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Certification of a question of law to the United States Supreme Court is another way, in addition to the writ of certiorari, direct appeal, and original jurisdiction, by which cases can be brought to the docket of the Supreme Court. It is a very infrequent procedure, and has happened only five times over the past six decades.
Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
The district court judge ordered $54,000 in restitution, split among eight victims. The judge stated, "restitution is mandatory pursuant to 18 U.S.C. § 2259 in the full amount of the victims' losses attributable to Defendant’s activities." [65] If split equally, each victim recovered $6,750, which is over double the $3,000 floor. [65]
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...
The modern crime victims' rights movement began in the 1970s, in part as a response to the 1973 U.S. Supreme Court decision Linda R.S. v. Richard D. (410 U.S. 614). In Linda R.S. , the court ruled that the complainant did not have the legal standing to keep the prosecutors' office from discriminately applying a statute criminalizing non-payment ...
The claim appears to mischaracterize the results of the Sept. 26 hearing in New York as part of the former president’s appeal of his civil judgment before a panel of five appellate court judges.
The Department removed the case to the United States District Court for the Eastern District of Missouri. The trial court granted summary judgment to the Department because it found Muldrow did not suffer a materially adverse action and thus failed to satisfy the "adverse employment action" prong in the McDonnell Douglas burden-shifting ...
Malcolm LaVergne, Simpson's longtime attorney and executor of the disgraced NFL star's will, told the Las Vegas Review-Journal that he will fight to prevent the payout of a $33.5 million judgement ...