Sentences with phrase «by state courts»

The ruling was upheld by the state court of appeals on the same grounds.
A mediator approved by the state court administrator conducts court - ordered mediation.
In addition, consolidation has weakened state constitutional law, as developed and applied by the state courts.
A series of legal challenges to the new boundaries were ultimately dismissed by state courts.
In many ways, military custody cases are the same as civilian custody cases — and both are decided by state courts.
Additionally, drivers who are required to attend traffic school by state courts will avoid the usual surge in insurance rates a traffic citation can cause.
The oil industry argues, however, that these matters are best dealt with by the federal government, not by state courts.
The majority of personal injury cases fall into this category and may be heard by state courts, especially if the court obviously has personal jurisdiction over both the plaintiff and the defendant.
Many federal rules are adopted by state courts so it's worth double - checking the local rule.
Child custody (and alimony) are determined by state courts, so the exact details are state - dependent.
Drivers convicted of driving under the influence must complete a course of treatment programs as mandated by state courts.
The amount of child support is calculated by the state court and, in general, the obligation to pay child support does not change when a parent spends little time with the child.
Just like civilians, military members must get divorced by state courts rather than military courts.
Child support is set by state courts under guidelines established by state laws.
In addition, drivers who are required to attend traffic school by state courts will avoid the usual surge in insurance rates a traffic citation can cause.
The court, tackling choice of law rules to determine applicable state law to analyze the preclusive effect of the prior court decisions, embraced the notion that «nationwide uniformity in the substance of the matter is better served by having the same - preclusive rule (the state rule) apply whether the dismissal ordered by a state or a federal court... [Thus, the court adopts] the law that would be applied by state courts in the State in which the federal diversity court sits.»)
Trends to watch for in 2014 session: merit selection, retirement age, judicial salaries, retirement systems, int» l / sharia law use by state courts
A set of bills up for a hearing next week in the Michigan Senate's Judiciary Committee would require that judges / courts that want to operate special problem solving dockets would have to be certified by the state court administrator's office.
When sitting in diversity, a federal court exceeds the bounds of its legitimacy in fashioning novel causes of action not yet recognized by the state courts.
Josh Dunn talks with Education Next about continuing efforts by New York City Chancellor Joel Klein to close chronically failing schools — despite a ruling by a state court that the closings could not proceed — using a federal School Improvement Grant.
According to the Virginian - Pilot, the major newspaper serving Norfolk and Virginia Beach, Virginia, the October, 2000 60 million dollar jury verdict was then the largest personal injury verdict for an individual in the history of the commonwealth of Virginia, and the verdict was returned in Manassas, Virginia by a state court jury.
A federal judge in Michigan has dismissed a retaliation lawsuit filed by a state court judge against the sheriff who sought to charge her for releasing a courtroom video showing...
«we can not avoid our responsibilities by permitting ourselves to be completely bound by state court determination of any issue essential to decision of a claim of federal right, else federal law could be frustrated by distorted fact finding.»
«a determination after a hearing on the merits of a factual issue, made by a State court of competent jurisdiction... [and] evidenced by a written finding, written opinion, or other reliable and adequate written indicia, shall be presumed to be correct»
Others still championed LSPs as important for meeting the access to justice gap, but argued against their regulation by state courts on the grounds either it is unnecessary (they are already regulated by consumer protection laws), that it would unnecessarily increase costs, or that regulation would only enable the state bars and courts to exercise their «protectionist instincts» (see this response, this response and this response).
Some state AGs do this, and I have no idea why, since they usually lose when trying to get the Supreme Court to vacate some sort of stay issued by a state court.
The first prohibits physician assistants and nurses from performing abortions; these provisions have been enjoined by a state court.
Donovan had recused himself as the prosecutor who investigating the WFP's for - profit consultant firm Data & Field Services in a 2009 city council race, a move that was later upheld by the state Court of Appeals.
Garnishment often happens by state court order after a creditor sues you for nonpayment of a bill and wins.
Attorneys in the case said Thursday they were uncertain whether any unit of local government in Illinois had ever been dismantled by a state court.
This might be done by importing, via amendments to the No Child Left Behind Act, some of the rights language produced by state courts.
That case made its way to the state Supreme Court, which dismissed the complaint this past summer, upholding an earlier opinion by the state Court of Appeals that had overturned a lower court ruling.
Both are frequently misinterpreted by state courts as applied to school choice when...
Tax credits are less likely to be challenged and overturned by state courts.
The bill was actually signed into law by California governor Arnold Schwarzenegger, but then subsequently blocked by the state courts.
Nor may the discriminations imposed by the state courts in these cases be justified as proper exertions of state police power.
The Court brushed aside concerns that state - court rulings in patent cases would result in inconsistent development of patent law by noting that, «In resolving thenonhypothetical patent questions [federal] cases present, the federal courts are of course not bound by state court case - within - a-case rulings.»
The OSCA's legislative and communication functions are handled directly by the State Courts Administrator and his or her executive staff.
«Our democracy faces challenges today that can be remedied by state courts, from entrenched gerrymandering that dilutes and distorts voters» influence in elections to barriers to voting participation that disproportionally impact historically disenfranchised minorities.»
Rules that govern judicial campaign conduct are generally established by state courts, and sometimes adopted by state legislatures.
We of course are powerless to clarify or elaborate on the interpretation of Ohio law provided by the state court.
The Chief Justice is assisted in the performance of administrative tasks by the State Courts Administrator and an Inspector General.
Where the statute as construed by the state court transgressed the First Amendment, we could not but invalidate the judgments of conviction.
Over time, the common law in each state has diverged significantly from when it was first received — it has been restricted by state legislatures and modified by state courts.
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