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State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the due process clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety".
The American Academy of Appellate Lawyers is a non-profit organization consisting of the Fellows who have been elected to the academy. It was founded in 1990 and incorporated as a 501(c)(3) in 1991. [1] Its mission is to "advance the highest standards and practices of appellate advocacy and to recognize outstanding appellate lawyers."
Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when ...
In some systems, an appellate court will only consider the written decision of the lower court, together with any written evidence that was before that court and is relevant to the appeal. In other systems, the appellate court will normally consider the record of the lower court. In those cases the record will first be certified by the lower court.
A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001): Vicarious liability for copyright infringement. Konop v. Hawaiian Airlines, Inc., 236 F.3d 1035 (9th Cir. 2001): Whether unauthorized access of password-protected website violates federal Wiretap Act prohibition on intercepting electronic communications. Carafano v.
An appellate court has ordered the release of a Missouri woman whose murder conviction was overturned after she served 43 years in prison, but the state attorney general is still trying to keep ...
An order compelling an entity to give oral testimony in a legal matter. subpoena duces tecum: bring with you under penalty An order compelling an entity to produce physical evidence or witness in a legal matter. suggestio falsi: false suggestion A false statement made in the negotiation of a contract. sui generis: of its own kind/genus
It evaluates the participants' skills in argument, evidence handling, and examination of witnesses but omits jury selection and strategic matters. Mock trial differs from moot court in that moot court practices appellate argument and so involves no handling of witnesses or evidence, but instead is an exercise in legal research and oral advocacy ...
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