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Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019), was a case decided by the Supreme Court of the United States on January 8, 2019. The case decided the question of whether a court may disregard a valid delegation of arbitrability—a contract provision stating that an arbitrator should decide whether a dispute is subject to arbitration—when the argument in favor of ...
It is not uncommon for summary judgments of the lower U.S. courts in complex cases to be overturned on appeal. A grant of summary judgment is reviewed de novo, [15] meaning, without deference to the views of the trial judge, both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.
The procedural merits of the case are the true determinative factors of an outcome. Prosecutors and defense attorneys engage in a comparison of charges against possible procedural flaws and possible defenses to arrive at the going rate for a crime. These factors are used to determine how much punishment the plea bargain will offer.
The issue on appeal, however, was whether the case was moot as a result of her departure from the United States, rather than the underlying decision on the merits of the case. [14] However, the Convention does not address the situation that arose in this case, where one party seeks to contest a finding of the child's "habitual residency". [16]
For example, in California, a judgment creditor must file an "Acknowledgment of Satisfaction of Judgment" [42] where it has been paid in full by the judgment debtor within 15 days of the judgment debtor's request. [43] This document has the effect of formally closing the case [44] and terminating any ongoing garnishment arrangements or liens. [45]
Seal of the International Court of Justice The list of International Court of Justice cases includes contentious cases and advisory opinions brought to the International Court of Justice since its creation in 1946. Forming a key part of international law, 195 cases have been entered onto the General List for consideration before the court. The jurisdiction of the ICJ is limited. Only states ...
In a criminal case, the peremptory pleas are the plea of autrefois convict, the plea of autrefois acquit, and the plea of pardon. The former two refer to cases of double jeopardy . A plea of " autrefois convict " ( Law French for "previously convicted") is one in which the defendant claims to have been previously convicted of the same offense ...
Laufer's case against Acheson is moot, and we dismiss it on that ground. We emphasize, however, that we might exercise our discretion differently in a future case." [ 6 ] Justice Clarence Thomas concurred in the judgment, saying that he would have answered the merits of the case by concluding that Laufer lacked standing.