Supreme Court Practice: Jurisdiction, Procedure, Arguing and Briefing Techniques, Forms, Statutes, Rules for Practice in the Supreme Court of the United StatesBureau of National Affairs, 1950 - 553 pages |
From inside the book
Results 1-5 of 57
Page 25
... defendant has not been put in jeop- ardy , " it is necessary only ( 1 ) that the motion in bar be sus- tained by the district court , whatever form such a motion may take , and ( 2 ) that the defendant shall not have been put in ...
... defendant has not been put in jeop- ardy , " it is necessary only ( 1 ) that the motion in bar be sus- tained by the district court , whatever form such a motion may take , and ( 2 ) that the defendant shall not have been put in ...
Page 26
... defendant raises the question by motion prior to trial or for arrest of judgment after conviction . But once a verdict is rendered in favor of the defendant , the United States may not appeal . The former statute , 18 U.S.C. ( 1946 ) ...
... defendant raises the question by motion prior to trial or for arrest of judgment after conviction . But once a verdict is rendered in favor of the defendant , the United States may not appeal . The former statute , 18 U.S.C. ( 1946 ) ...
Page 39
... defendant . As long as a decree was entered on the merits , the Court has jurisdiction to reverse it and to order a dismissal for want of jurisdiction . See Smallwood v . Gallardo , 275 U. S. 56 , 62 ; Piedmont & Northern R. Co. v ...
... defendant . As long as a decree was entered on the merits , the Court has jurisdiction to reverse it and to order a dismissal for want of jurisdiction . See Smallwood v . Gallardo , 275 U. S. 56 , 62 ; Piedmont & Northern R. Co. v ...
Page 63
... defendants to the same cause of action , the record must show that the judgment con- cludes the controversy as to all of them . Meagher v . Minnesota Threshing Mfg . Co. , 145 U. S. 608 , 611. And it must be clear that definitive ...
... defendants to the same cause of action , the record must show that the judgment con- cludes the controversy as to all of them . Meagher v . Minnesota Threshing Mfg . Co. , 145 U. S. 608 , 611. And it must be clear that definitive ...
Page 68
... defendant " might obtain release by a subsequent and distinct proceeding [ such as habeas corpus ] , and one not in the nature of a review of the pending charge , in the same or a differ- ent court of the State does not affect the ...
... defendant " might obtain release by a subsequent and distinct proceeding [ such as habeas corpus ] , and one not in the nature of a review of the pending charge , in the same or a differ- ent court of the State does not affect the ...
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Common terms and phrases
action amicus curiae appellate court appellee apples application Ass'n assignment of errors Bound volumes certified record Circuit Clerk Commission conflict Constitution costs counsel court decision court of appeals Court of Claims Court's jurisdiction Courtroom criminal decree denial denied determination dismiss district court docket Donnelly Garment Co expire fact federal courts federal question federal statute fees final forma pauperis governing grant certiorari habeas corpus hear highest state court importance individual opinions infra interlocutory Interstate Commerce Commission issue judge judgment judicial power Jurisdictional Statement leave to file litigant lower court Marshal's Office matter ment merits motion for leave number of copies opinions are rendered oral argument party petition for certiorari petition for rehearing petition for writ petitioner pomace Preliminary Prints procedure proceedings Questions Presented reason respondent Rule 27 Rule 38 statutory supersedeas bond supra Supreme Court review term thereof tion transcript United unless validity writ of certiorari
Popular passages
Page 425 - A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.
Page 19 - An interlocutory or permanent injunction restraining the enforcement, operation, or execution of any State statute by restraining the action of any officer of such State in the enforcement or execution of such Statute...
Page 421 - The Chief Justice of the United States and the Associate Justices of the Supreme Court of the United States.
Page 189 - ... designation of the portions of the record, proceedings, and evidence to be contained in the record on appeal, unless the appellee has already served and filed a designation.
Page 370 - States, or any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other article which Is obscene or immoral...
Page 423 - The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
Page 212 - A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends.
Page 401 - The stay may be granted by a judge of the court rendering the judgment or decree or by a justice of the Supreme Court...
Page 345 - States, and the decision is against its validity ; or where is drawn in question die validity of a statute of, or an authority exercised under any State, on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of its validity...
Page 226 - Ordinarily an application for habeas corpus by one detained under a state court judgment of conviction for crime will be entertained by a federal court only after all state remedies available, including all appellate remedies in the state courts and in this Court by appeal or writ of certiorari, have been exhausted.