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WellCare Health Plans, Inc. is an American health insurance company that provides managed care services primarily through Medicaid, Medicare Advantage and Medicare Prescription Drug plans for members across the United States. WellCare began operations in 1985 and has its headquarters in Tampa, Florida.
The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance—usually the court that tried the case. The key distinguishing factor between direct and collateral appeals is that the former occurs in state courts, and the latter in federal courts.
These trial level courts exercise specific jurisdiction as conferred by law. [7] In contrast, both the New York Court of Appeals and the Appellate Division, when it sits as a final appeals court with respect to appeals arising from decisions of the Appellate Terms in the First and Second Departments, generally may only decide questions of law.
The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appellate review authority over final judgments of the trial divisions and the Tax Court and over final decisions and actions of State administrative ...
United States v. One Package of Japanese Pessaries, 86 F.2d 737 (2nd Cir. 1936): Importation of birth control supplies. United States v. Peoni, 100 F.2d 401 (2d Cir. 1938): Examined mental state for complicity in a crime. United States v. Carroll Towing Co. 159 F.2d 169 (2d. Cir. 1947): Calculus of negligence.
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The correct form is whichever is the statutorily prescribed or customary form for a particular court and particular jurisdiction; in other words, one should never write "court of appeal" when the court at issue clearly prefers to be called a "court of appeals", and vice versa. [1]
Where the relevant statute provides for an appeal to the courts, questions of law are subject to a standard of "correctness" and questions of fact and mixed fact and law subject to the standard of "palpable and overriding error". [13] These standards correspond to those applied on appeals from lower court decisions.
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