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Procedure - Law Dictionary Search Results

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justice of the peace court

some felony preliminaries which is presided over by a justice of the peace and which usu. follows summary procedure NOTE: Justice of the peace courts were formerly common but now are used or remain active to some

jury trial

to a jury trial in equity cases. When a civil case involves both legal and equitable issues or procedure, either party may demand a jury trial (and failure to do so is taken as a waiver), but

procedural default

procedural default : a failure to follow state appellate procedure (as in the exhaustion of state remedies) that bars federal esp. habeas corpus review of a case in

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joinder

to a suit made for the purpose of manufacturing federal jurisdiction NOTE: Under the Federal Rules of Civil Procedure a federal district court will not have jurisdiction when collusive joinder is made. compulsory joinder : joinder of

procedural

procedural : of or relating to procedure [sentence reversed as result of error in sentencing "National Law Journal"] compare substantive pro·ce·dur·al·ly adv

rules committee

rules committee : a committee of a legislative house that determines the rules and procedure for expediting the business of the house and has the power to control the date and extent of

proceeding

order affecting a substantial right may be immediately appealed [special proceedings created exclusively by statute where a special procedure is appropriate and warranted "Sosebee v. County Line Sch. Dist., 897 S.W.2d 556 (1995)"] summary proceeding : a

seize

forfeiture shall authorize the Attorney General to the interest or property subject to forfeiture "Federal Rules of Criminal Procedure Rule 32(b)(2)"] [can the goods subject to his security interest and…keep them in satisfaction of the debt "J.

interpretive rule

legislative rule NOTE: An interpretive rule does not have to meet the requirements set out in the Administrative Procedure Act for notice to the public and opportunity for comment that apply to legislative rules. An interpretive rule

wrongful birth

life are distinct from malpractice claims alleging actual physical injury to a fetus caused by a negligently performed procedure.

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