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Each judge or courtroom in the United States has a law and motion calendar, setting aside the times when only motions and special legal arguments are heard. These items consist of pretrial motions (such as a motion to compel relating to discovery requests) or other legal requests that are not connected to a trial , and do not include trials ...
California v. Hodari D., 499 U.S. 621 (1991), was a United States Supreme Court case where the Court held that a fleeing suspect is not "seized" under the terms of the Fourth Amendment unless the pursuing officers apply physical force to the suspect or the suspect submits to officers' demands to halt. [1]
By the act of February 24, 1807, 2 Stat. 420, the authority of the Ohio district court to exercise the jurisdiction of a U.S. circuit court was repealed, and Ohio was assigned to the newly organized Seventh Circuit. It also provided for a U.S. circuit court for the District of Ohio. [3]
However, if the responses are merely insufficient, the propounding party has a 45-day limit in which to submit the motion to compel. Additionally, the propounding party must "meet and confer" with the responding party prior to submitting the motion. Pursuant to California Rule of Court 3-1345 a motion to compel must include the following parts:
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 ...
The Seventh District Court of Appeals is composed of four judges, each elected to six-year terms by the citizens of the eight counties in the district. [3] Ohio Law requires that a person running for election as an appellate judge must have been licensed as an attorney in Ohio for at least six years or have served as a judge in any jurisdiction for at least six years. [4]
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [3]
In the United States courts, a motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. [1] It asserts that the evidence allows only one result: victory for the moving party, even if a jury has found otherwise. [2]