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Pullman abstention was the first "doctrine of abstention" to be announced by the Court, and is named for Railroad Commission v. Pullman Co., 312 U.S. 496 (1941).The doctrine holds that "the federal courts should not adjudicate the constitutionality of state enactments fairly open to interpretation until the state courts have been afforded a reasonable opportunity to pass on them."
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to ...
Some court buildings in Australia include a courtroom specifically called the "banco court", which is a large courtroom where the judges of the court can sit en banc - with in banco, the Medieval Latin term, being preferred in Australia over the Norman French equivalent en banc. They are used for full bench hearings, as well as ceremonies.
The appellate court punted the issue, saying it would consider closure requests at the hearing itself rather than deciding beforehand. That was bad enough — the press and public are entitled to ...
differences between the rights secured by the Fifth Amendment and the Sixth Amendment: Florida v. Bostick: 501 U.S. 429 (1991) random bus searches routinely conducted pursuant to passenger's consent Barnes v. Glen Theatre, Inc. 501 U.S. 560 (1991) First Amendment and the restriction of nude dancing Cohen v. Cowles Media Co. 501 U.S. 663 (1991)
A proposed amendment is treated like many other motions in that it could be debated and voted on. This could be done even in the case of a friendly amendment. [6] An amendment could pass with a majority vote, regardless of the vote required to pass the main motion. [7]
An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some ...
The framers of the Constitution, recognizing the difference between regular legislation and constitutional matters, intended that it be difficult to change the Constitution; but not so difficult as to render it an inflexible instrument of government, as the amendment mechanism in the Articles of Confederation, which required a unanimous vote of ...