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In parliamentary procedure, reconsideration of a motion (or reconsideration of a question) may be done on a matter previously decided. The motion to "reconsider" is used for this purpose. This motion originated in the United States and is generally not used in parliaments. [1] [2] A special form of this motion is reconsider and enter on the ...
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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 ...
Plaintiff filed a motion for reconsideration, alleging that the defendant's website fulfilled the minimum contacts requirement for personal jurisdiction. The Fifth Circuit affirmed the trial court's decision, applying the Zippo test. It held that the defendant's website, which did not accept online orders, was little more than passive ...
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
Order Archived 23 October 2019 at the Wayback Machine granting plaintiffs' motion for reconsideration; the Court affirmed its grant of summary judgment to defendants on direct infringement claims, but denied defendants summary judgment on vicarious infringement claims.
This principle does not prevent the government from appealing a pre-trial motion to dismiss [94] or other non-merits dismissal, [95] or a directed verdict after a jury conviction, [96] Nor does it prevent the trial judge from entertaining a motion for reconsideration of a directed verdict, if the jurisdiction has so provided by rule or statute ...