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Court Procedure

Court procedure is a term that refers to a set of rules that govern how a case may begin, how it would proceed, the types of statements allowed, the timing and conduct of trials, and the process for judgment.

6,970 Questions
US Government
Court Procedure
US Supreme Court

Who are the nine justices of the US Supreme Court?

*At any given time, there may be only 8, or even fewer justices serving on the US Supreme Court. Justices may die in office, or retire. As of early 2016, the serving Justices are:

John G. Roberts, Jr., Chief Justice of the United States, was appointed to the United States Court of Appeals for the District of Columbia Circuit in 2003. President George W. Bush nominated him as Chief Justice of the United States, after the death of former Chief Justice William H. Rehnquist. He joined the Court on September 29, 2005.

Anthony M. Kennedy, Associate Justice, was appointed to the United States Court of Appeals for the Ninth Circuit in 1975. President Reagan nominated him as an Associate Justice of the Supreme Court in 1988.

Clarence Thomas, Associate Justice, became a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1990. President Bush nominated him as an Associate Justice of the Supreme Court in 1991.

Ruth Bader Ginsburg, Associate Justice, was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980. President Clinton nominated her as an Associate Justice of the Supreme Court in 1993.

Stephen G. Breyer, Associate Justice, served as a Judge of the United States Court of Appeals for the First Circuit, and as its Chief Judge, 1990-1994. He also served as a member of the Judicial Conference of the United States, 1990-1994, and of the United States Sentencing Commission, 1985-1989. President Clinton nominated him as an Associate Justice of the Supreme Court in 1994.

Samuel Anthony Alito, Jr., Associate Justice, was appointed to the United States Court of Appeals for the Third Circuit in 1990. President George W. Bush nominated him as an Associate Justice of the Supreme Court in 2006.

Sonia Sotomayor, Associate Justice, was nominated to the U.S. District Court, Southern District of New York by George HW Bush. She served in that capacity from 1992-1998, then became a judge on the United States Court of Appeals for the Second Circuit from 1998-2009. President Barack Obama nominated her as an Associate Justice of the Supreme Court in 2009.

Elena Kagan, Associate Justice, was nominated to the position of US Solicitor General by President Obama in 2009. She served as Associate White House Counsel under the Clinton Administration from 1995-1999. Kagan, an expert on Constitutional Law, was a former law professor and Dean of Harvard Law School. President Obama nominated her as an Associate Justice of the Supreme Court in 2010.

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* The most recent Associate Justice to die in office (February 13, 2016) was

Antonin Scalia, Associate Justice, who had been appointed Judge of the United States Court of Appeals for the District of Columbia Circuit in 1982. President Reagan nominated him as an Associate Justice of the Supreme Court in 1986.

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US Government
Court Procedure
US Supreme Court

Who nominates US Supreme Court justices?

The President of the United States (Executive branch) nominates US Supreme Court justices and other federal judges.

The Senate must approve the nomination by a simple majority vote (51%) in order for the appointment to be made. If the Senate rejects the nomination, the President must choose someone else.

This process is mandated by Article II, Section 2 of the US Constitution:

"[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments."

For more information, see Related Questions, below. Yes. Candidates for the United States Supreme Court are nominated by the President, and must be confirmed by the Senate in order to take office.

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Law & Legal Issues
Labor and Employment Law
Court Procedure

What does motion denied as moot mean?

It may depend on the context, but in general it means that the motion no longer has any value so it was denied simply because it doesn't matter. For example, suppose you file two separate motions: one to dismiss a case against you, and another to exclude certain evidence so it can't be used against you at trial. If the judge grants your first motion, then the second is meaningless; no evidence will be used against you because there will be no trial. Therefore, the second motion would be denied as moot.

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Labor and Employment Law
Court Procedure

List lawsuits against George S May Company?

Several lawsuits from employees. I will be filing this week as well.

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Court Procedure
Civil Process

What does dismissal of the Lis Pendens means?

A lis pendens is a written notice that a lawsuit has been filed involving the title to real estate, property or some interest in that real property. It is a notice to the defendant who owns the property and also to potential buyers or financiers.

A dismissal of this action would mean that it has been removed from the records and is no longer in effect.

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Court Procedure

What does amended mean in court?

Essentially, it means "changed" or "restated".

A good example may be when a Plaintiff's original complaint is dismissed after the Defendant files a motion asking the court to do so, argument on the motion occurs, and the court grants the motion. Generally, the Plaintiff is given permission to "amend" the complaint, such that the next version of it is called the "Amended Complaint".

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Court Procedure

What will happen at a pretrial?

Pretrials are typically used as a time for discovery and negotiations. The two sides will usually talk off the record to decide, without the judge being present, if an agreement can be reached. If there are other matters that need to be set for a hearing (such as a motion to suppress in a criminal case), they can be placed on the docket at that time.

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Court Procedure

What is the nasciturus fiction?

The Nasciturus Fiction is a legal fiction. It has to do with courts of law. It basically states that if an unborn child suffers damage then after that child suffers damage and still has that damage, then the person inflicting that damage is responsible for that damage. Thus, say a man has two children and a pregnant wife and is injured. Then when the baby is born, the nasciturus fiction changes the court decision to make the company that injured the father responsible for supporting 3 children. If someone hits the wife, If the baby is born with an injury, then the person damaging the unborn child is just as responsible as he would be for injuring a child already born.

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Rules of the Road
Acronyms & Abbreviations
Court Procedure

What is ARD stand for in PA Court?

ARD is an acronym for "Accelerated Rehabilitative Disposition." It is a Pennsylvania program for first time DUI offenders that keeps the offender's criminal record clean, as well as allowing him to keep his driver's license.

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Civil Lawsuits
Federal Laws
Court Procedure

What is the system for citing judicial opinions?

The citation system includes and consist of: Names of the parties (Appellant or Petitioner vs. Appellee or Respondent)

Citation Volume number Name of reporter where case is found, page number and year decision, after the volume is the name of the publications.

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Civil Process
Court Procedure
Legal Documents

What is a nonsuit without prejudice?

This basically means that the case was withdrawn for some reason, but it can be refiled at a later date. Rather than the term non-suit, the word dismissal may be used.

An important factor to consider regarding refiling the case is that it must be done within the applicable statute of limitations period. These are prescribed by statute which vary by state and vary according to the nature of the cause of action.

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Debt and Bankruptcy
Civil Process
Court Procedure

What does it mean dismissed as without merit?

It usually means that the charges that were made, or the charge that was brought, is not substantiated/supported by the evidence presented.

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Criminal Law
Court Procedure
Jail Incarceration

What happens if you bail someone out of Jail and they are later found guilty?

The bond money is only to ensure that the accused shows up for court. As long as the accused attends all their court appearances, it makes no difference whether they are found guilty or not, the person putting up the bond will have it returned to them. If the services of a bail bondsman are used, the only cost will be the fee for using their services (usually somewhere around 10% of the bail amount). However - if the defendant fails to make a court appearance the bond money is forfeited to the court.

Bail is a fee that is paid to the courts to ensure that a person charged with a crime will return to be tried. If the accused does not return for trial, the bail money is forfeited. If the person returns for trial, the bail money is returned. So, it is in the interest of the one paying bail to ensure that the accused returns.

That is where bail bonding companies come in. For a fractional amount of the bail, they will pay your bail up front. If you return for trial, all is well (they get their money back and keep your fee). If you don't, they send a bounty hunter to find you and collect the entire amount of the bail (and turn you over to the authorities for skipping bail). But a guilty finding has no effect on the bail payer. Otherwise, bail bonding companies would all go out of business very quickly.

The same is true when an individual pays bail. If you pay someone else's bail and they are later found guilty of the crime, that has no effect on the bail payer. If the person returned for trial, the bail money would have been returned to you. If you pay their bail and they skip, you lose the bail money and will have to find the person to get it from them. If they are ultimately found and tried and found guilty, they will be sentenced for their crime (jail, fine, etc.). But the person who posts bail is not affected by the verdict in the criminal case. Paying bail for an ultimately guilty person is not a crime.

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Court Procedure
Law & Legal Issues
Criminal Law
Legal Definitions

What is a plea-bargain in the juvenile justice system?

A "Plea-bargain" in any court system is an agreement between the prosecutor and the defendant (juvenile or adult). The agreement is forthright in its terms and conditions.

A plea bargain is an agreement that has been negotiated between the defense attorney and the prosecutor. It must be approved by the defendant. A plea bargain is often an agreement for the defendant to plead guilty to a lesser crime in order to receive a lighter sentence than they might receive in a full trial. The procedure is often used to entice an accomplice to testify against a co-defendant in order to receive a lesser charge and lighter sentence.

A judge is not bound by the law to agree to the plea-deal offered by the prosecutor or the recommended sentence, and they may reject the defendant's plea to a lesser offense and hand down any sentence allowable by law.

See related link.

307308309
Law & Legal Issues
Court Procedure
UK Law and Legal Issues

Who reads the charges out in crown court?

To be correct, this should always be referred to as the Crown Court - with capitals - as there is only one for England and Wales, although it sits at various centres around the two countries. Scotland has its own completely separate, and completely different, legal systems, both civil and criminal, and therefore has its own Courts. There is no Crown Court in Scotland.

The Clerk of the Court (more often now referred to as the "Court Manager") reads out the indictments, as charges in the Crown Court are referred to.

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Law & Legal Issues
Court Procedure

What does qualifier mean on court documents?

The word or term qualify - qualifying - qualified - or qualifier appear FREQUENTLY in legal documents. More information is necessary to detemine what it is you are referring to.

293294295
Iowa
Court Procedure

Do Iowa courts use determinate or indeterminate sentencing practices or if sentencing guidelines have been enacted?

Iowa courts currently use indeterminate sentencing is handing out decisions. The last cite I can find for Iowa sentencing guidelines is dated April '09 and my research has been unable to determine if any action has yet been taken on this subject. This subject has been under discussion for quite some - and since the question discloses that you are probably a resident of the state - if it concerns you that much, that you call the office of your local legislative representative for the answer.

291292293
Relationships
Jokes and Riddles
Court Procedure

A woman proves in court that her husband was murdered by her sister but the judge decides that the sister cannot be punished Why?

1. She might have been no more. The woman and sister are twins

919293
History, Politics & Society
Civil Cases
Court Procedure

What are the five steps in a civil case?

The five steps in a civil case are:

  • Bringing suit
  • the defendants response
  • pretrial discussions
  • trial
  • appeal
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Civil Cases
Court Procedure

Who won Estelle v Gamble?

If I'm not mistaken, Estelle won this case as a result of extensive documentation, proving that Gamble had received adequate treatment. Gamble's own factual documentation accounted the details of his treatment wich supported the doctor's defense that they were not indifferent to him and treated him in good faith based on their understanding of his injuries.

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Definitions
Court Procedure

What does it mean to be made a ward of court?

Consider this text: " The Dutch Child Protection Agency had requested Miss Dekker be made a ward of court because, it said, it was "irresponsible for such a young girl to make a two-year solo trip around the world". " When a person is being made a ward of court, it means that he or she is under the protection of a court.

277278279
Law & Legal Issues
US Constitution
Court Procedure

What is the difference between court and trial?

Court is a place and trial is a proceeding that takes place at a court.

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Court Procedure

What does dism mean on a court document?

It APPEARS to be a shortened version of the word "dismissed." Check with the Clerk of the Court, they should be able to tell you for sure.

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Court Procedure

What does a judge use to bang his gavel on?

A judge bangs his gavel on a wooden sound block.

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Court Procedure
Contract Law

How do you sound honest in court?

State what you know, to the best of your personal knowledge and information.

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