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FAQs prehearing statement form
For a case in the United States court of appeals, how are the three judges selected out of all the court's current judges to hear the case?It's not always a panel of three judges. The U.S. Courts of Appeals can also hear and decide an appeal en banc or per curiam. It depends on the procedures of the particular court, but since appeals are generally as of right than entirely permissive as with the Supreme Court, and their subject-matter jurisdiction is wider in terms of the courts and tribunals below that are the sources of appeals, their caseload is greater, and so the caseload must be apportioned appropriately.Page on fjc.gov - A Primer on the Jurisdiction of the U.S. Courts of Appeals
When the Supreme Court refuses to hear appeals for a case, what is the result? How did the refusal of the Court to hear appeals to cases in October 2014 affect same-sex marriage?There are 13 Circuit Courts of Appeal in the United States federal system. Twelve serve geographic areas and the “federal circuit” serves specifically designated subject matter cases. The 1st through 11th Circuits serve specific state regions and the DC Circuit serves only DC appeals . This is very important unless you think the country is monolithic. Then you would be wrong.My home circuit is the conservative 5th Circuit and was home to Judge Scalia and many other giants of strict construction and original intent. Texas , Louisiana , Mississippi and other southern states belong to the Fifth Circuit. As a practical matter when litigating a case in those states , stare decisis rules require district judges to follow the most recent 5th Circuit court pronouncement of law . Popular decisions from other circuits will not be embraced by the district judge if they are contradicted in the 5th Circuit. On appeal the 5th Circuit will reverse the district court unless it finds reason to change the law in the entire Circuit . However a single rogue decision by a district judge in the circuit may remain available for citation if the parties do not appeal it . The Circuit cannot act unless asked to by one of the parties.This is an important issue. As others clearly state the re is no right to a Supreme Court review of a decision. The Supremes are petitioned and they may or may not grant a review. One of the more important factors a party can point to when requesting a Supreme Court review (I am simplifying the Latin terms used to characterize requests for relief) is a disagreement among the circuits.Lets say Aliens landed and Congress passed a law requiring them to be treated as humans . Cases might develop construing the law differently for Alien clones . The 5th Circuit might rule that they were not Aliens because they had different anatomies . The 9th Circuit might rule they came from Alien technology so they fit the definition. The Supremes would be asked to rule by a losing party so that we would have national uniformity. Briefing would include the parties and non parties who seek permission because the issue has a profound impact on the interests they represent.If the Supremes refuse to hear the case the folks in Louisiana and Texas and those in California and Oregon still have to abide by their Circuit’s interpretation . The conflict is not resolved.Thus the decision to hear a case is as critical as the decision in the opinion rendered if the Supremes decide to hear the case.Conflict among the Circuit’s is only one of many factors but in my experience both liberal and conservative justices prefer uniformity-unless its a matter of individual state rights
How did the demeanor exhibited by Brett Kavanaugh during the Supreme Court confirmation hearings compare to his demeanor from the bench of the U.S. Court of Appeals for the D.C. Circuit?I don’t think that anyone who has not argued before Kavanaugh on the D.C. Circuit can possibly truthfully answer this question.Realize that at the Circuit Court level, you typically are arguing only procedural, legal, and sometimes constitutional matters.Typically, there’s no defendant in court; there is a defense attorney — or outside appellate attorney for the defense, and there’s typically someone there offering the state’s version of interpretation; this is usually a lawyer for an agency, such as the DOJ, or a federal regulatory agency, whose regulations have the force of law, unless contested.It’s not a courtroom like those you see on Law And Order.It’s also rare that judges get challenged in their own court.That said: the people who could answer this question may have to argue in front of Kavanaugh again at some point, even if he isn’t confirmed to the Supreme Court.You are not getting an answer.
How do lawyers reasonably forecast how much a complex case with civil and criminal elements is going to cost in total, taking into account unpredictability of the other party, appeals till highest court, etc.?Thanks for the A2A, Ahmed Yousuf. Your question will vary according to the type, size, and experience of the lawyers/law firm. A well prepared lawyer, especially one working in a moderate sized law firm, will likely use one of many “cost models” to make predictions about costs.Cost estimation models are mathematical algorithms or parametric equations used to estimate the costs of a product or project. The results of the models are factored into business plans, budgets, and other financial planning and tracking mechanisms.Prediction or more appropriatly labled, the projection of costs, in any business endeavor is a process that uses known, expected, and identifiable factors to calculate the costs. Known as “cost modelling,” the process is used in a variety of offices/businesses, and for the law office it may look very similar to those models used for other service oriented professions.These algorithms were originally performed manually but now are almost universally computerized. They may be standardized (available in published texts or purchased commercially) or proprietary, depending on the type of business, product, or project in question. Simple models may use standard spreadsheet products such as Excel while more complex models use special-design and proprietary systems for the modelling process.Models function through the input of parameters that describe the attributes of the product or project in question. This will include basic costs such as the filing fees associated with starting a civil lawsuit, cost for service of process, cost of preparing pleadings, and expected expenses common for development of the evidence.The model then provides as output various resource requirements in cost and time. Some models concentrate only on estimating project costs (often a single monetary value) while others provide for much more complex estimates that can be manipulated as the case or project progresses.Let’s use a simple car-crash case as an example to see how a model may work. In this model, we will have a need for cost associated with the following items:1. Pre-Trial investigation2. Cost to secure evidence at pre-trial phase3. Cost to prepare pleadings (those legal documents that start a lawsuit)4. Cost of filing the pleadings5. Cost to serve the pleadings upon the other parties.6. Receipt of “Answer” or response from defendant, including the need for additional research or filings.7. Pre-Trial pleadings, motions and hearings costs8. Cost to secure or produce evidence9. Trial cost including:a. Cost of travel during trialb. Cost of witness expensesc. Expert witness fees and costs10. Post-Trial motions, pleadings and hearings cost11. Appellate costs (normally part of a separate algorhthm).12. Office supplies and related expenses for the case.
What forms do I need to fill out to sue a police officer for civil rights violations? Where do I collect these forms, which court do I submit them to, and how do I actually submit those forms? If relevant, the state is Virginia.What is relevant, is that you need a lawyer to do this successfully. Civil rights is an area of law that for practical purposes cannot be understood without training. The police officer will have several experts defending if you sue. Unless you have a lawyer you will be out of luck. If you post details on line, the LEO's lawyers will be able to use this for their purpose. You need a lawyer who knows civil rights in your jurisdiction.Don't try this by yourself.Get a lawyer. Most of the time initial consultations are free.
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People also ask kentucky court of appeals
How much does it cost for a divorce in KY?The cost of a divorce that involves child custody and/or child support issues can be about 50% more expensive than the average. According to our survey results, divorce costs an average of $15,300 in Kentucky when minor children are involved, including $12,900 in attorneys' fees.
How do I get divorce signNows in KY?Petition for Dissolution of Marriage. You begin your divorce case in Kentucky by filing a Petition for Dissolution of Marriage with the Court. ... File Forms at Court. After you've filled out the required forms, you must file them at the clerk's office in the county where you live. ... Separation Agreement.
What is the fastest way to get a divorce in Kentucky?Meet all residency requirements for divorce under Kentucky law. ... Decide whether to hire an attorney. ... Obtain and complete the required forms. ... Pay the court filing fee. ... Obtain and complete any optional forms. ... File the required documents in your local county clerk's office.
How long does it take to get a divorce in Kentucky?How long does it take to get a divorce? The length of time it takes for a divorce depends on your individual circumstances. Generally, in Kentucky, couples with children of the marriage have to wait at least 60 days and attend Families in Transition before they can file their final signNows.
Where do I get divorce signNows in KY?The Kentucky Court of Justice has placed some, but not all, of the forms you'll need online. You can also go to your local courthouse or driver's license branch and request a complete packet of divorce signNows for a nominal fee.