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A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Texas, 601 U.S. 285 (2024), was a case that the Supreme Court of the United States decided on April 16, 2024. [ 1 ] [ 2 ] The case dealt with the Supreme Court's takings clause jurisprudence . Because the case touched on whether or not the 5th Amendment is self-executing, the case had implications for Trump v.
A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. At least in some jurisdictions, a corporation's motion to terminate a shareholder's derivative suit is treated as a dispositive motion. See, e.g., Dreiling v. Jain, 151 Wn.2d 900, 93 P.3d 861 (2004).
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
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For example, in California, a motion for nonsuit under California Code of Civil Procedure Section 581c "is a procedural device which allows a defendant to challenge the sufficiency of plaintiff's evidence to submit the case to the jury," and it cannot be granted if the plaintiff's evidence would be sufficient to support a jury verdict in the ...
Lawyers for Jay-Z, aka Shawn Carter, have filed an affidavit claiming that Tony Buzbee, the attorney who named Jay in a lawsuit accusing him of raping a 13-year-old in 2000 with Sean “Diddy ...
In the alternative, the Petitioner sought transfer to the Eastern District of Virginia under 28 U.S.C. 1404(a). [3] The district court denied both motions. [3] On appeal, the United States Court of Appeals for the Fifth Circuit refused to grant a writ of mandamus directing the district court to grant either motion. [5]
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