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A bench memorandum (pl. bench memoranda) (also known as a bench memo) is a short and neutral memorandum that summarizes the facts, issues, and arguments of a court case. Bench memos are used by the judge as a reference during preparation for trial, the hearing of lawyers' arguments, and the drafting of a decision and also to give the judge an ...
Under United States legal practice, a memorandum opinion is usually unpublished and cannot be cited as precedent. It is formally defined as: "[a] unanimous appellate opinion that succinctly states the decision of the court; an opinion that briefly reports the court's conclusion, usu. without elaboration because the decision follows a well-established legal principle or does not relate to any ...
The Tax court had to decide whether the taxpayer had the ability receive the check or whether she faced "substantial limitations" on this ability as a result of the circumstances. The Tax Court noted prior decisions that held a taxpayer to have constructively received funds as of the time of attempted delivery when the taxpayer made a decision ...
In United States legal practice, a memorandum opinion (or memorandum decision) is an opinion that does not create precedent of any kind in some jurisdictions. A memorandum is often brief and written only to announce judgment in a particular case. Depending upon local court rules, citation of the opinion as case law may not be accepted. A ...
Depending on the local rules of procedure, the court may allow or even require the parties to then file additional replies to the opposing party's briefs, multiplying the back-and-forth responses of the parties. Depending on local rules, the court may then decide the case purely based on the submitted briefs or may hear oral argument by the ...
Examples of motions in limine would be that the attorney for the defendant may ask the judge to refuse to admit into evidence any personal information, or medical, criminal or financial records, using the legal grounds that these records are irrelevant, immaterial, unreliable, or unduly prejudicial, and/or that their probative value is outweighed by the prejudicial result to the defendant, or ...
For example, if a party requests that the court find another party in contempt of an existing court order, the judge will typically issue an "Order to Show Cause Re Contempt" to the party accused of being in contempt of court. At the hearing on the order to show cause concerning contempt the judge will take evidence from both sides concerning ...
The counsel for the plaintiff (or the People) and the defendant attend the hearing to discuss pretrial matters pertaining to the case. The purpose of the hearing is to see if the rights of the defendant have been violated, and it is the duty of the judge to make sure that the oath of office is preserved under article 6 paragraph 2, supremacy ...