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In law, ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin term meaning literally "from/out of the party/faction [1] of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
The writ is not the right itself, but merely the ability to issue orders demanding the right's "enforcement." [13] In Ex parte Milligan, which was a case about governmental power and personal liberty, the Court's decision stood "on the side of personal liberty."
Ex parte Young, 209 U.S. 123 (1908), is a United States Supreme Court case that allows suits in federal courts for injunctions against officials acting on behalf of states of the union to proceed despite the State's sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution. [1]
A six–point list was set out in order to help elucidate on the effect of the two provisions: [4] When an application for judicial review is made on an ex parte basis, leave can be refused, deferred to the substantive hearing, or granted. If good reason can be shown for extending the period, the court has the power to grant leave.
In Endo's case—Ex parte Mitsuye Endo—the court unanimously ruled on Dec. 18, 1944, that the government could not detain citizens who were loyal to the United States. The day before the ruling, hearing that the case would go against his Executive Order 9066 Pres. Roosevelt issued an order allowing Japanese Americans to return to the West Coast.
Ex parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. [1] It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus " under the Constitution's Suspension Clause , when Congress was in recess and therefore ...
In law, inter partes (law Latin for 'between the parties' [1]) is a legal term that can be distinguished from in rem, which refers to a legal action whose jurisdiction is based on the control of property, or ex parte, which refers to a legal action that is by a single party.
Ex parte Mitsuye Endo, 323 U.S. 283 (1944), was a United States Supreme Court ex parte decision handed down on December 18, 1944, in which the Court unanimously ruled that the U.S. government could not continue to detain a citizen who was "concededly loyal" to the United States. [1]
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