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In law, a dispositive motion is a motion seeking a trial court order entirely disposing of all or part of the claims in favor of the moving party without need for further trial court proceedings. "To dispose" of a claim means to decide the claim in favor of one or another party.
The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
A Murgia motion is a common motion in California criminal law based on the California Supreme Court decision Murgia v. Municipal Court (1975) 15 Cal.3d 286. The motion requests that the defendant's criminal charges be dismissed upon a showing of selective prosecution for improper purposes, amounting to a violation of the right to equal protection of law.
The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
Combs seeks to dismiss claims of revenge porn and human trafficking in lawsuit LOS ANGELES (AP) — Lawyers for Sean “Diddy” […] The post Sean ‘Diddy’ Combs files motion to dismiss some ...
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Pamela Anderson is reflecting on the "difficult" combination of her image as a Hollywood star and, simultaneously, a mother, earlier in her career. But when it comes to her sons Brandon, now 28 ...
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 ...