When a party files such a motion, North Dakota courts treat it as either a motion to alter or amend a judgment under N.D.R.Civ.P. 59(j) or a motion for relief from judgment under N.D.R.Civ.P. 60(b), depending on the motion’s content, the grounds asserted, and the timing of filing. The principal post-judgment mechanisms available under NorthContinueContinue reading “North Dakota does not recognize a stand-alone “motion to reconsider” as a distinct procedural device.”
Tag Archives: supreme-court
Laches: Definition, Legal Elements, Time Period, and Strategic Use in Civil Litigation.
Laches is an equitable defense that prevents a plaintiff from obtaining relief when they have unreasonably delayed asserting their rights and that delay has prejudiced the defendant. Unlike statutes of limitations—which are fixed by statute—laches is flexible and depends on the circumstances, making it a powerful tool in many civil cases, especially where equitable remediesContinueContinue reading “Laches: Definition, Legal Elements, Time Period, and Strategic Use in Civil Litigation.”
What is a case brief.
A case brief is a concise summary of a court opinion. It’s a key tool for legal analysis, particularly useful for law students, attorneys, and legal researchers. Here’s how to write one, with each standard section explained: Structure of a Case Brief 1. Case Name and Citation Example: Marbury v. Madison, 5 U.S. (1 Cranch)ContinueContinue reading “What is a case brief.”
In California, a tentative ruling is the judge’s proposed decision on a motion.
In California, a tentative ruling is the judge’s proposed decision on a motion before the hearing. Here’s how to properly respond to it under California Rules of Court and local court rules: Understand the Tentative Ruling System Most superior courts in California use the tentative ruling procedure for law and motion matters (e.g., demurrers, motionsContinueContinue reading “In California, a tentative ruling is the judge’s proposed decision on a motion.”
Official vs. Individual Capacity – What It Means.
When you sue a public officer, you must decide whether to name them in their official capacity or individual capacity (or both). In an official-capacity suit, the officer is sued as a representative of the government (e.g. the state, city or agency). It is “another way of suing” the government itself. Any damages judgment inContinueContinue reading “Official vs. Individual Capacity – What It Means.”
Suing Government Officials in California: When to Include a Public Officer as a Party.
Overview (Public vs. Private Entities): In California, private corporations or LLCs generally have no special immunities or notice requirements when sued – you name the corporation and proceed. By contrast, a public entity (state, county, city, school district, etc.) is subject to the Government Claims Act. You must first present a timely written government claimContinueContinue reading “Suing Government Officials in California: When to Include a Public Officer as a Party.”
Understanding the Difference Between Holding and Dicta in Court Decisions.
In legal reasoning, not every word written by a judge in a court decision carries the same weight. Courts often write detailed opinions, but only part of that reasoning becomes binding precedent. The distinction between a holding and dicta is crucial for understanding what parts of a case truly create law and what parts merelyContinueContinue reading “Understanding the Difference Between Holding and Dicta in Court Decisions.”
Service by Publication in California: Judicial Standards and Remedies for the Affected Party.
I. Introduction Service by publication is a last-resort method of notifying a party of legal proceedings when personal service is not possible. Governed primarily by the California Code of Civil Procedure (CCP) § 415.50, it is a constitutionally sensitive remedy because it affects due process rights under the 14th Amendment and California Constitution, Article I,ContinueContinue reading “Service by Publication in California: Judicial Standards and Remedies for the Affected Party.”
Writs in United States Law.
A writ is a formal written order issued by a court or other competent legal authority commanding a person or entity to perform or refrain from a specific act. In U.S. law, the federal All Writs Act, 28 U.S.C. § 1651(a), authorizes the Supreme Court and all federal courts to “issue all writs necessary or appropriateContinueContinue reading “Writs in United States Law.”
Standards of Proof in the American Judicial System.
The standard of proof sets the level of certainty a fact-finder (judge or jury) must have before deciding a case or issue. It balances the risk of error against the stakes involved: higher standards protect against wrongful deprival of serious interests, while lower standards apply when consequences are less severe. For example, Wex (Cornell’s legalContinueContinue reading “Standards of Proof in the American Judicial System.”
Suing an Individual in Both Individual and Official Capacities: Why It Matters.
When filing a lawsuit, it is crucial to properly identify the defendant’s capacity—whether they are being sued in their individual capacity, official capacity, or both. Failing to make this distinction can have significant legal consequences, including dismissal of claims or limited relief options. This article explains why suing a person in both capacities is oftenContinueContinue reading “Suing an Individual in Both Individual and Official Capacities: Why It Matters.”
What is an Arbitrary Decision in the U.S.?
An arbitrary decision refers to a decision made without a sound basis in law, logic, or reason. In the context of the U.S. legal system, it generally implies that the decision lacks a rational connection between the evidence presented and the conclusion reached. Such decisions are often characterized by a disregard for established legal principles,ContinueContinue reading “What is an Arbitrary Decision in the U.S.?”
Summary Judgment: A Solution for Reducing Case Processing Time in Moldovan Courts
The Moldovan judicial system is often criticized for lengthy case processing times, which can undermine public confidence in the courts and delay justice for individuals and businesses alike. One effective mechanism to address this issue is the introduction of summary judgment procedures, a legal tool widely used in other jurisdictions to streamline court proceedings and ensureContinueContinue reading “Summary Judgment: A Solution for Reducing Case Processing Time in Moldovan Courts”
The Duty of Judges to Be Impartial and Independent: ABA Guidelines and Ethical Standards.
Judges hold a unique and vital role in the justice system, tasked with upholding fairness, impartiality, and the rule of law. The American Bar Association (ABA) has established ethical guidelines that highlight the importance of judicial independence and impartiality. These guidelines provide a moral and professional framework, ensuring that judges maintain the public’s trust inContinueContinue reading “The Duty of Judges to Be Impartial and Independent: ABA Guidelines and Ethical Standards.”
Prosecutorial Accountability: Disciplinary Responsibility and ABA Rules.
The role of prosecutors in the criminal justice system is critical for ensuring that justice is served impartially and ethically. Due to the significant power and discretion they hold, prosecutors must adhere to strict standards of accountability. Prosecutorial accountability encompasses not only legal and ethical responsibilities but also disciplinary accountability, which ensures that they operateContinueContinue reading “Prosecutorial Accountability: Disciplinary Responsibility and ABA Rules.”
You must be logged in to post a comment.