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English: The United States Supreme Court did not jurisdiction to hear Citizens United v. the FEC. No court can hear a case if the District Court Clerk filled out the forms, when the attorneys for the case did not an Appearance of Counsel with a Certificate of Service, when the summonses do not bear the seal of the Court, Fraud of the Court occurred, etc.
All parties must present grounds to appeal, or it will not be heard. By convention in some law reports, the appellant is named first. This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses (in some cases twice) as the appeals work their way up the court hierarchy. This is not always true, however.
Generally the motion cannot be based on grounds which were previously considered when deciding a motion for new trial or on an appeal of the judgment, thus the motion can only be granted in unusual circumstances, such as when the judgment was procured by fraud which could not have been discovered at the time of the trial, or if the court ...
When a party submits a petition for review, the petitioner "must either identify in [the administrative] record evidence sufficient to support its standing to seek review or, if there is none because standing was not an issue before the agency, submit additional evidence to the court of appeals". [16]
In the most common types of habeas corpus proceedings in the United States federal courts, a certificate of appealability is a legal document that must be issued before a petitioner may appeal from a denial of the writ. [1] The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional ...
The “adequacy” prong primarily focuses on state court dismissals of federal claims on state procedural grounds, as procedural requirements are by definition logically antecedent. Antecedent state-law grounds (i.e., state rules of procedure) are adequate to support a judgment unless they (1) are arbitrary, unforeseen, or otherwise deprive ...
In West v. Grand County, [5] the U.S. Court of Appeals for the 10th Circuit quoted Loudermill, stating: The Standards for a pre-termination hearing are not stringent because of the expectation that a more formal post-termination hearing will remedy any resulting, deficiencies. '[T]he pre-termination hearing though necessary, need not be ...
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.