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However, the court found the 2021 reform conflicted with Article 103 of the Basic Law. The majority stated the purpose of the law is to “ensure legal certainty” and guarantee German citizens protection from criminal double jeopardy.
The court stated that the law provides localities with the authority to create war memorials and monuments, and that the prohibition on removing them “only applies to monuments and memorials erected prospectively under that statute’s grant of authority.”
The issue involved Waples Mobile Home Park, which had required all adult tenants to provide proof of their legal status in the US in order to renew their leases. The post US federal appeals courtrules against trailer park immigration policy in Fair Housing Act case appeared first on JURIST - News.
The US Supreme Courtruled unanimously Monday against a non-US citizen who was contesting his indictment for unlawful re-entry into the country. In that case, it was held that under the relevant federal statute, DUI convictions such as that of Palomar-Santiago’s are not aggravated felonies. The case, US v.
The US Supreme Courtruled in a 6-3 opinion Thursday that mistakes of law—and not only mistakes of fact—could protect parties from losing their copyrights on grounds of inaccurate registration. The post US Supreme Courtrules mistakes of law can excuse copyright registration inaccuracies appeared first on JURIST - News.
The US Supreme Courtruled unanimously Tuesday that tribal police officers have the authority to detain and search non-Indigenous persons on federal highways within their territories. Both of these, the court held, introduced confusion into enforcement over difficulties with the “problem of interpretation” of the law.
The US Supreme Courtruled 5-3 Thursday that undocumented immigrants bear the burden of showing that they have not been convicted of a crime involving “moral turpitude,” or they will face lawful removal. Clemente Pereida, is being deported under the Immigration and Nationality Act (INA) of 1952.
The statute of limitations ran out due to his forgetting the deadline. According to the American Bar Association, missed deadlines are the leading cause of legal malpractice suits – often stemming from procrastination, failure to accurately calculate and track deadlines or failure to mark deadlines in calendars properly.
The Wisconsin Supreme Courtruled on Wednesday that the Department of Health Services (DHS) lacked authority to limit capacities for indoor public gatherings. ” The post Wisconsin Supreme Courtrules capacity limit on bars, restaurants, other businesses is invalid appeared first on JURIST - News - Legal News & Commentary.
In a unanimous decision on Wednesday, the US Supreme Courtruled that the heirs of Jewish art dealers cannot bring a lawsuit in US courts against Germany over the alleged forced sale of art and artifacts under the Nazi regime. The Court directed the lower court to reconsider the case in light of the opinion in Germany v.
One notable category of legal software that litigators often find particularly useful is rules-based calendaring software. Your days are ruled by deadlines, including statutes of limitation, filing deadlines and discovery deadlines. This is because deadlines are an inescapable part of your practice if you’re a litigator.
A panel of five judges unanimously decided that the ERO, which has been in Hong Kong’s statute book for almost 100 years and has survived two constitutional challenges before Hong Kong declared independence from Great Britain in 1997, is constitutional. The person would then face a conviction and imprisonment for up to six months.
The Wisconsin Supreme Court unanimously struck down a state law provision Friday that allowed police to draw blood from unconscious drivers and test it for alcohol content without a warrant. Many courts have addressed the issue of taking blood samples from drivers without consent, including Texas and Nevada.
Gorsuch found that the plain meaning of “extension” does not require continuity, and examined similar language in other statutes and regulations that suggest if Congress does not include limiting language like “consecutive” then continuity is not required.
The US Supreme Courtruled Thursday in United States v. Georgia that the Eighth Amendment forbids a death sentence for the rape of an adult woman, respondents argue that they could not, in fact, have been sentenced to death, and therefore the statute of limitations for their crimes. Justice Samuel Alito authored the opinion.
The US Supreme Court declined on Thursday to disturb a federal statute governing the adoption and foster proceedings for Indigenous children in the US. The court issued three findings in its Thursday decision. The court first heard oral arguments in the case back in November 2022.
Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. The post Courtrules against plaintiff seeking emotional distress damages for discrimination appeared first on SCOTUSblog.
The US Supreme Courtruled unanimously on Monday on an immigrant status case regarding noncitizens seeking to change their immigration status from temporary protected status (TPS) to lawful permanent residency.
The court delivered the landmark decision in an appeal filed by the Municipal Corporation of Greater Mumbai against an NGT order on waste disposal that was issued after the NGT took suo moto cognizance of an article published by an online news source.
A two-justice bench including PS Narasimha and Aravind Kumar held: In various decisions interpreting Article 300A, this court has also held that a person can be deprived of his right to property only through the procedure established by law. This incident prompted Shah to petition the Calcutta High Court.
The Hamilton County Court of Common Pleas reversed the Board’s decision without affording any deference to the agency’s interpretation of the relevant statute. Later, the Ohio First District Court of Appeals held that a court must defer to an administrative interpretation only if the court finds a statute to be ambiguous.
The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state courtruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court.
Share Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data. This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e., Twyford disagrees.
The post US Supreme Courtrules railroad benefits determinations subject to judicial review appeared first on JURIST - News - Legal News & Commentary. Therefore, subject to judicial review on an abuse of discretion standard.
Share On Wednesday, the Supreme Courtruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.
The US Supreme Courtruled Monday in Guam v. The Supreme Court unanimously ruled in favor of Guam. The Navy had argued that Guam was responsible for the costs because it took “response actions,” which, under CECLA, would trigger the statute of limitations to toll.
The statute criminalizes performances on public land or in a location in which the performance “could be viewed by a person who is not an adult.” The courtruled that since minors can be anywhere, the practical effect of the language was to criminalize performances in almost every space in the state.
Share In an opinion released on Thursday, the Supreme Courtruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals. The case, Santos-Zacaria v.
India’s Allahbad High Courtruled Friday that no coercive action may be taken against a man accused of violating the Uttar Pradesh ordinance on Religious Conversion. The High Court also indicated that the matter will be heard with a petition challenging the constitutionality of the statute. Thanks for your support!
For a large part of the history of the United States, domestic abuse was tolerated under the nation’s legal system. is in danger of backtracking on that legal framework precisely because of the nation’s historical legacy of turning a blind eye to domestic violence. Supreme Courtruling, NYSRPA v. But now, the U.S.
The e-discovery company DISCO said today it has entered into a long-term license with the international legal research company vLex to obtain access to its U.S. primary law library of cases, statutes, regulations, courtrules and constitutions. legal research materials.
According to the court, “the victim tried to shout but the accused pressed her mouth. ” The High Courtruled that the defendants were not guilty of sexual assault and convicted them for minor offenses because they did not make skin to skin contact with their victims.
Nevertheless, the courtruled out the possibility of a conspiracy against Kosiah and rejected the claim that he was not present during the war. He denied all the charges, claiming that the allegations against him were part of a conspiracy and that he was not present during for purported offenses.
55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial courtruled in favor of plaintiff, and the Court of Appeals affirmed.
The International Court of Justice (ICJ) in The Hague, Netherlands on Tuesday ruled in favor of Somalia in the dispute between Somalia and Kenya concerning the maritime border of the Indian Ocean. The top courtruled unanimously that there was no agreed maritime boundary between Somalia and Kenya.
But six years after his deportation, the Supreme Courtruled in Leocal v. Ashcroft that, under the relevant federal statute, DUI convictions like Palomar-Santiago’s are not aggravated felonies. But in an eight-page opinion by Sotomayor, the Supreme Court disagreed. Because the U.S.
However, Wisconsin has strong protections for home owners, including statutes expressly stating that the power of eminent domain must be “ strictly construed ” against the government. Moreover, there is a statute that expressly bars the use of eminent domain to take property to for “pedestrian way[s].”
By Riëtte van Laack & JP Ellison — On Thursday, the 27 th of June, the Supreme Court issued its decision in Securities and Exchange Commission v. The first question in the Court’s analysis was whether the claim that the SEC brought is a “suit at common law,” i.e., if the case is legal in nature. Jarkesy.
If one of these penalties occurs, you may face the unfortunate possibility of disciplinary actions, the loss of your license to practice law, and even legal malpractice. The Benefits of Legal Calendaring Software. Currently, there are robust legal calendar software management tools that make legal calendaring a breeze for busy lawyers.
When it comes to litigation, missing a deadline isn’t an option, and with so many shifting statutory and courtrules to adhere to, that can be difficult to manage. LawToolBox is the most comprehensive rules-based calendaring solution in the legal industry. MyCase is thrilled to announce a new integration with LawToolBox.
The trial courtruled in the plaintiffs’ favor and ordered the state to continue its participation in the program. Holcomb and Payne sought to reverse the decision in the Indiana Court of Appeals by claiming that the trial court abused its discretion. Indiana Legal Services, Inc. , However, Gov.
The New Jersey Supreme Courtruled Thursday that defendants who are facing prolonged incarceration due to COVID-19 trial delays have the right to a new detention hearing if certain requirements are met. . The justices explained that the COVID-19 related trial delays constitute a “change of circumstance” under New Jersey statute law.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the prosecution in a case of illegal gun possession by a person with a nonimmigrant visa must prove he knew of his legal status, and the inquiry courts should follow in deciding to close the courtroom to the public.
Share The Supreme Court on Friday substantially narrowed a class action against TransUnion , one of the nation’s three major credit-reporting companies. There are, Kavanaugh noted, different kinds of injuries that can qualify as the kind of concrete harm needed for “standing” – that is, the legal right to sue.
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