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A magistrates' court may set aside and vary decisions of its own court, in relation both to sentence and conviction. In relation to conviction, a magistrates' court may order a rehearing of a case against a person convicted by that magistrates' court. [1] The court may exercise the power when it appears to be in the interests of justice to do ...
In Georgia, each county has a chief magistrate, elected by the voters of the county, who has the authority to hold preliminary hearings in criminal cases, conduct bench trials for certain misdemeanor offenses, including deposit account fraud (bad checks), grant bail (except as to very serious felony charges), and preside over a small claims court for cases where the amount in controversy does ...
In such case Magistrates' Courts rule 12(1)(b) and High Court rule 31(5)(a) require that the plaintiff afford the defendant a chance to do so by delivering a notice calling on the defendant to file his plea; otherwise he will be barred. This document is called a notice of bar.
Ryan, 566 U.S. 1 (2012), was a United States Supreme Court case about ineffective assistance of counsel claims which allowed a narrow exception to Coleman v. Thompson . Coleman said that inadequate post-conviction counsel is not cause to excuse procedural default for a state habeas claim that was filed late under the state's procedural rules.
PROVIDENCE – Family Court Chief Judge Michael B. Forte wants magistrates to perform the same duties as judges and preside over and decide contested divorce cases, some of the most emotionally ...
In United States law, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction) is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts.
Under the Aid of Jurisdiction Exception, federal courts can enjoin state court proceedings if "necessary in aid of" the federal court's jurisdiction. [61] The exception's legislative history indicates that its purpose was "to make clear the recognized power of the Federal courts to stay proceedings in State cases removed to the district courts."
The court found that Cox had not shown that she met the specific requirements of the medical exception, and rejected the idea that courts had a role in pre-approving who qualifies for the exception.