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How can I bring a Harrassment order back in to court for it to be reviewed for false statements against me in the state of Minnesota?You can NOT. Nothing said in any legal paper, in court, or as part of a legal proceeding is actionable in any way in any US state. It is called litigation privilege. No civil action for libel or perjury can be maintained in any US state or federal court. There is no such thing as a civil action for perjury. The only way to challenge any testimony is in court during the cross examination of a witness. There is no review possible after the fact. Within the time permitted by state law, you can appeal a court judgment for legal mistakes but an appeal's court will never weigh or reconsider the evidence.
Does the SCOTUS ruling on same-sex marriage also mean that polygamy must be an individual right?Probably not. The recent US Supreme Court decision was based, in part, on the fact that the government had no compelling, rational interest in determining the sexes of those who chose to marry.Goverment may very well have a compelling interest when it comes to the number of spouses, however. The US legal system is pretty well established. A major overhaul is not a trivial exercise and avoiding it could be cast as a compelling state interest. Bogging courts down for years in overly complex cases is not something anyone should want.Marriage has many legal ramifications. Settling disputes over child custody is already a fraught venture with two parents; expanding it to three, four, six, whatever, could be practically impossible for courts to handle. Not "practically" as in "almost," but "practically" as in "feasible".Issues like end of life decisions are also already complicated with just one spouse. (See the Terri Schiavo case). Avoiding a multiplication of the problem could be seen as a compelling state interest.Perhaps the biggest hurdle is that the Supreme Court has already found that laws banning polygamy are constitutional. Acting on the basis of precedent, a future court would both have its hands tied to a large extent and would have to find a very major reason to change its mind.The fact that the UN Human Rights Council finds that polygamy is violative of the International Covenant on Civil and Political Rights would also tend to militate its achieving quick legality in the US.
If the Supreme Court of the United States finds a violation of Amendment X in ruling on King v. Burwell, should or could SCOTUS adopt a similar practice to that of the Supreme Court of Canada and give the U.S. Congress a year to amend the statute in order to make it consistent with the U.S. Constitution?This is an interesting question if you ignore the irrelevant parts about the Tenth Amendment and King v Burwell. That case is about what the statute means, not whether it is constitutional. But when the Supreme Court does make constitutional interpretations, especially those based on little constitutional evidence, should it follow the Canadian lead and encourage a legislative solution? Justices are supposed to review the constitution, not change it, but in fact they do change it. Ever since Chief Justice John Marshall put judicial review in the Constitution (even though it is not in the text), Americans have been complaining about “activist judges”. Critics say that judges rewrite the constitution, but in many cases they have no choice. Justices are asked to decide whether laws are constitutional or unconstitutional. On or off. Yes or no. But in reality many issues are aconstitutional—the constitution doesn’t directly address them, or at least not with enough detail for an obvious yes or no answer. And that’s when courts give obscure split decisions based on hair-splitting. You can make a good case that the court should not be tied to yes or no with insufficient evidence. It should be able to say: “The Constitution isn’t clear. Tell us what you want it to say.” They might propose two conflicting amendments and see which one Congress and the states want to put in the Constitution. Apparently that’s what they do in Canada, and it’s not a bad idea, although it would require a constitutional amendment to change to that system. Allowing the Supreme Court to propose amendments would be a big change from current practice, but in some cases the difference would be that the proposed amendments would have to be ratified by the states while activist interpretations go into effect without ratification. Of course there’s a lot of disagreement on what judicial activism is. Liberals say Citizens United; conservatives say Roe v Wade. But both come from the same problem. The constitution isn’t clear on whether money is speech or whether abortion is private. It shouldn’t be up to the Supreme Court to decide without consulting a higher judge. If the court had this power, would they use it frequently or rarely? Would they ignore the new power and continue to make activist decisions based on weak sources? Or would they use this excuse to pass difficult decisions on to more appropriate branches?
SCOTUS Rules in Favor of Same Sex Marriage (June 2015): How is the Supreme Court able to override state laws?The short answer is that the Supreme Court does not override state laws. It has the exclusive jurisdiction to declare what the Constitution says and means. So what you see in some cases is the Supreme Court declaring what the constitutional law is. The result of that is sometimes that we learn that a particular state's law, which now is seen to be in conflict with that now-clear constitutional law, can no longer be enforced. State legislatures pass thousands of laws each year, all of them claiming to be constitutional, but the Supreme Court sometimes says they were wrong.That sounds like a very lawyerly answer, and it is, but it really is how it works.
How does the U.S. Supreme Court ruling on Obamacare in King v. Burwell affect the Medicaid expansion in states that have opted out of the expansion?The Court's ruling on 6/25/15 had no effect on Medicaid expansion; it was strictly focused on the issue of subsidies for those individuals purchasing insurance through the Federal insurance market.
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What does FC dissolution with children mean?“Dissolution with children” refers simply to a divorce case in which the divorcing spouses have minor children. In such a case, in addition to declaring the marriage as terminated, the court will also need to make decisions and rulings on the issues of child custody, parenting time (visitation) and child support.
What is the difference between a dissolution and divorce?A Summary dissolution is a more stream-lined divorce process. Spouses who qualify for a summary dissolution will not have to file as much signNowwork and may not need to be seen in court for proceedings. ... Both spouses waive spousal support. You have a written agreement on division of assets and debts.
How does a dissolution work?It is an adversarial proceeding in which one spouse files a lawsuit against the other. These issues are then decided by the court. In a dissolution the spouses jointly present a petition asking for the court to end their marriage. ... The end result for both is the same, a termination of the marriage.
What is a disillusionment?Definition of disillusion (Entry 2 of 2) transitive verb. to free from illusion also : to cause losing naive faith and trust The job disillusioned her about working in retail.
What is a scheduling statement?The Scheduling Statement is formally filed with the court within 60 days of filing of the case. The court's management of the case from and after the ICM Censures the case is concluded in a timely manner, alleviating the necessity of filing a Scheduling Statement.