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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 ...
In the United States House of Representatives, the previous question originally served the same purpose as it did in the English Parliament. [2] In the 1800s, the House of Representatives altered the rules governing the way the previous question could be used: in 1805, it was rendered undebatable, and in 1841, the fraction of votes needed to pass it was lowered from 2/3 to 1/2, allowing for it ...
Summary, in law, forms many compounds as an adjective meaning "short, concise": . Summary abatement, the abatement of a nuisance without judicial proceeding, even without notice or hearing, often by a destruction of the offending thing or structure. 39 Am J1st Nuis § 183 et seq.
A “Notice of Legal Dispute” is a written form in which you provide your name, address, contact information, your AOL username, the facts regarding your Dispute, and the relief you are requesting from us. You can get a Notice of Legal Dispute form by clicking here.
A subsidiary motion is a type of motion by which a deliberative assembly deals directly with a main motion prior to (or instead of) voting on the main motion itself. [12] Each subsidiary motion ranks higher than the main motion and lower than the privileged motions, and also yields to applicable incidental motions.
After a motion is placed before the assembly, permission from the assembly is required to withdraw it or modify it. [11] Sometimes a "friendly amendment" is requested on a pending motion. If the motion is before the assembly, only the assembly (not the maker of the motion) could modify it. [12] However, it can be settled by unanimous consent. [3]
An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian , New Zealand , Canadian , South African , Indian , and U.S. legal doctrines , ex parte means a legal proceeding brought by one party in the absence of and without representation ...
The member rises immediately and without waiting to be recognized states, "Mr. Chairman, I rise on a question of personal privilege," or similar words. [4] If the member has interrupted a speaker, the chair must determine if the matter is of such urgency as demands immediate attention; otherwise, the member will have the floor immediately after ...
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