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36 votes
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Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?

This case was filed in federal court under diversity jurisdiction, meaning that it’s a lawsuit between citizens of different states. In most cases, diversity jurisdiction requires “complete” diversity:...
cpast's user avatar
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7 votes
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In the SCOTUS case yesterday on Mifepristone and FDA, why was *Twiqbal* and prohibition on 3rd party standing not raised?

Short Answer What explains then, why no justices mentioned rule against 3rd party standing or Twiqbal? Third party standing and Twiqbal involve two completely different legal doctrines that have ...
ohwilleke's user avatar
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4 votes
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How can a defendant in a criminal prosecution move a court in a way that no oral statements of the defendant be considered in its adjudication?

A self-represented person, as a practical matter, has no choice but to engage with the court when an oral argument is conducted. A person present in a courtroom likewise has an obligation to ...
ohwilleke's user avatar
  • 218k
4 votes

Canonical format to present email evidence in a pleading (petition)

The equivalent of Strunk & White would be The Redbook. The equivalent to the Chicago Manual of Style would be The Bluebook.
bdb484's user avatar
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3 votes
Accepted

Can you use definitions for adverbs instead of nouns and personal nouns in a legal context?

Yes though usually adverbs are not subject to statutory definition, so case law resolves most interpretive questions. But, 18 USC 1515: (b) As used in section 1505, the term “corruptly” means acting ...
user6726's user avatar
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3 votes

Is a request to dismiss a motion the same as requesting denial of the motion?

A court would "dismiss" an action, a claim, or a defendant, but I don't know of any American court that would "dismiss" a motion. Instead, a motion would be "denied," or ...
bdb484's user avatar
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2 votes

How can you reference a fictitious business on the front page of a complaint?

First, one quick bit of terminology. The top of the front page of a summons and of a legal complaint (which also usually appears at the top of the front page of every other document filed in a case, ...
ohwilleke's user avatar
  • 218k
2 votes

How can a defendant in a criminal prosecution move a court in a way that no oral statements of the defendant be considered in its adjudication?

I've never seen such a maneuver attempted, but I have no doubt that it would be unsuccessful. The Constitution requires that a waiver of one's Fifth Amendment rights be made knowingly, intelligently, ...
bdb484's user avatar
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2 votes

Filing Civil Complaints at the Last Minute

Jurisdiction: England and Wales Applicability: Courts governed by the Civil Procedure Rules Suppose the complaint was rejected and the statute of limitations has expired. Can a law firm submit a ...
JBentley's user avatar
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1 vote
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Do you make two or more different paragraphs, subdivisions or sections of a statute in the table of authorities separately or how do you go about it?

I don't have my Bluebook anymore, but the way I remember learning it is to list each section as an individual entry, but not subsections. So your TOA would look like this: §123 §124 §125 As far as I ...
bdb484's user avatar
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1 vote

Can you use definitions for adverbs instead of nouns and personal nouns in a legal context?

It isn't common to do so. Normally, you would define an "incident" or an "occurrence" or a "scheme", for certain events that happened, but you would ordinarily reserve ...
ohwilleke's user avatar
  • 218k

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