New answers tagged civil-procedure
1
The actual article is "Naming the Insurrection" By Marc Elias
. So far as I can see, the author nowhere says that disqualification can be imposed without some sort of trial. The author does not really address what the procedures might be for doing this, nor does he discuss what standard of proof would be required. He suggests that:
if the ...
2
Has this ever been done?
It was done in the Reconstruction period in the American South, as explained in a recent Congressional Research Service report on the question. As it explains:
Congress could also enact new legislation to enforce Section 3 in the
aftermath of January 6, much like it did in response to the Civil War.
Congress initially provided ...
-2
Court procedure requires written pleadings, normally drafted by Counsel, then, at the end of the process there is a trial (oral hearing) where the parties are represented by Counsel.
The purpose of the pleadings is to ensure that both sides know what is being claimed and what the defences are so at the time of the trial the plaintiff's Counsel in ...
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