Curriculum Vitae of Deborah A. Ferguson
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A Handbook of Citation Form for Law Clerks at the Appellate Courts of the State of Hawai#I
A HANDBOOK OF CITATION FORM FOR LAW CLERKS AT THE APPELLATE COURTS OF THE STATE OF HAWAI ###I 2008 Edition Hawai #i State Judiciary 417 South King Street Honolulu, HI 96813 TABLE OF CONTENTS I. CASES............................................ .................... 2 A. Basic Citation Forms ............................................... 2 1. Hawai ###i Courts ............................................. 2 a. HAWAI #I SUPREME COURT ............................... 2 i. Pre-statehood cases .............................. 2 ii. Official Hawai #i Reports (volumes 1-75) ............. 3 iii. West Publishing Company Volumes (after 75 Haw.) . 3 b. INTERMEDIATE COURT OF APPEALS ........................ 3 i. Official Hawai #i Appellate Reports (volumes 1-10) . 3 ii. West Publishing Company Volumes (after 10 Haw. App.) .............................................. 3 2. Federal Courts ............................................. 4 a. UNITED STATES SUPREME COURT ......................... 4 b. UNITED STATES COURTS OF APPEALS ...................... 4 c. DISTRICT COURTS ...................................... 4 3. Other State Courts .......................................... 4 B. Case Names ................................................... 4 1. Case Names in Textual Sentences .............................. 5 a. ACTIONS AND PARTIES CITED ............................ 5 b. PROCEDURAL PHRASES ................................. 5 c. ABBREVIATIONS ....................................... 5 i. in textual sentences .............................. 5 ii. business -
The Hawai'i State Court System Hawai'i Supreme Court
The Hawai‘i State Court System JUDICIAL ORGANIZATION CHART Hawai‘i Supreme Court Intermediate Court of Appeals Circuit Courts (including Family, Tax Land District Veterans, and Appeal Court Courts Environmental Court Courts) OVERVIEW Several types of courts make up Hawaii’s judicial system. The differences among then lie in the kinds of cases each court can decide. This is called the court’s jurisdiction. For example, circuit courts have jurisdiction in criminal felony cases, and district courts have jurisdiction in traffic cases. The state court system includes the Hawai‘i Supreme Court, the Intermediate Court of Appeals, Circuit Courts, District Courts, the Tax Appeal Court, and the Land Court. There are also special divisions within the courts, such as Family Court, a division of the Circuit Courts, and Small Claims Court, a division of the District Courts. THE COURTS OF APPEAL: THE HAWAI‘I SUPREME COURT AND THE INTERMEDIATE COURT OF APPEALS Cases usually do not begin at the Hawai‘i Supreme Court or at the Intermediate Court of Appeals (“ICA”), although some may end up there. The kinds of cases these appellate courts hear are different from the trial courts. They handle cases appealing the decisions or trial courts and agencies. These cases usually involve legal issues, such as questions of state or federal constitutional interpretation or questions of law regarding the validity of a state statute, county ordinance, or agency regulation. Unlike the trial courts, appellate courts do not decide the guilt of the accused. To present a case before the appellate courts, the parties must file briefs explaining the basis of the appeal and the law that applies. -
Concurring in the Dismissal of the Petition
IN THE SUPREME COURT OF TEXAS NO. 20-0430 IN RE STEVEN HOTZE, MD, HON. WILLIAM ZEDLER, HON. KYLE BIEDERMANN, EDD HENDEE, AL HARTMAN, NORMAN ADAMS, GABRIELLE ELLISON, TONIA ALLEN, PASTOR JOHN GREINER, AND PASTOR MATT WOODFILL, RELATORS, ON EMERGENCY PETITION FOR WRIT OF MANDAMUS JUSTICE DEVINE, concurring in the petition’s dismissal for want of jurisdiction. The Texas Constitution is not a document of convenient consultation. It is a steadfast, uninterrupted charter of governmental structure. Once this structure erodes, so does the promise of liberty. In these most atypical times, Texans’ constitutional rights have taken a back seat to a series of executive orders attempting to unilaterally quell the spread of the novel coronavirus. But at what cost? Many businesses have felt the impoverishing effects of being deemed, by executive fiat, “nonessential.” And many others—unemployed—found out quickly that economic liberty is indeed “a mere luxury to be enjoyed at the sufferance of governmental grace.”1 That can’t be right. While we entrust our health and safety to politically accountable officials,2 we must not do so at the expense of basic constitutional architecture. We should not, as we’ve recently said, 1 Patel v. Tex. Dep’t of Licensing & Regulation, 469 S.W.3d 69, 92 (Tex. 2014) (Willett, J., concurring). 2 See S. Bay United Pentecostal Church v. Newsom, No. 19A1044, 2020 U.S. LEXIS 3041, at *3 (U.S. May 29, 2020) (mem.) (Roberts, C.J., concurring in the denial of injunctive relief) (citing Jacobson v. Massachusetts, 197 U.S. 11, 38 (1905)). “abandon the Constitution at the moment we need it most.”3 I concur in the dismissal of this mandamus petition for want of jurisdiction, but I write separately to express concern over some of the issues it raises. -
The Disciplinary Board of the Hawaii Supreme Court
If you have issues viewing or accessing this file contact us at NCJRS.gov. ~ -, ..; ~ " - ........... - -.. ~.~ .......:....-;;;- .~- ..- /I " '-." • '-"J. .. • •• • • - /I /I ·i ';l"' . ., - -- --- ---'----,.. _--- o . '/. /;'~ \'i ,J 122832 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. POints of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice Permission to reproduce this copyrighted material In mi crofiche only has been granted by -Judiciary State of Hawaii to the National Criminal Justice Reference Service (NCJRS) Further reproduction outside of the NCJRS system requires permis sion of the copyright owner. ,,_,.. "_ ,~"(~,, _,.,"" ' ... ".... ",.":_.",,. ""~.'"; .,,_~., .,'--. .... ,~.,.,.<.~"" ..... ",,1' iN'_ ", ...." '<~'~~:"!"rl'.:-...:, ;,~",."",:.:;rt"'~")~'~lj;-t',,*;,,"'i·,' >:'\I.;-","'it.:R"!(~'''''''':~::'lI!'',;r"'';·tr~;;~~''>-~1~ ,t!'(,'i'it!'" ,~:·,F;.~"V.(;t:;:I'::;~~'.fl .l"'}'.. t;.,.. '-~ .. i .. \:',,'·r.~~," '., '';~V;."",.fo·'If;·1\'r.I.)j;<l1 ~~---;---.'--~-- M • • Executive Summary With thi:- ~liirtieth JUdiciary Annual Throughout the decade, the appli Rep01t, we come to the close of the cation of technology has been a recur decade. We are pleased, as always, to ring theme within the Judiciary. Auto have this opportunity to review the mation efforts will continue into the 90s progress we have made in improving and beyond, as they must if we are to Hawaii's judicial system, and to look remain responsive and efficient in the forward at the challenges of the future. face of changes in society and our We in the Judiciary continue to caseloads. -
15. Judicial Review
15. Judicial Review Contents Summary 413 A common law principle 414 Judicial review in Australia 416 Protections from statutory encroachment 417 Australian Constitution 417 Principle of legality 420 International law 422 Bills of rights 422 Justifications for limits on judicial review 422 Laws that restrict access to the courts 423 Migration Act 1958 (Cth) 423 General corporate regulation 426 Taxation 427 Other issues 427 Conclusion 428 Summary 15.1 Access to the courts to challenge administrative action is an important common law right. Judicial review of administrative action is about setting the boundaries of government power.1 It is about ensuring government officials obey the law and act within their prescribed powers.2 15.2 This chapter discusses access to the courts to challenge administrative action or decision making.3 It is about judicial review, rather than merits review by administrators or tribunals. It does not focus on judicial review of primary legislation 1 ‘The position and constitution of the judicature could not be considered accidental to the institution of federalism: for upon the judicature rested the ultimate responsibility for the maintenance and enforcement of the boundaries within which government power might be exercised and upon that the whole system was constructed’: R v Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94 CLR 254, 276 (Dixon CJ, McTiernan, Fullagar and Kitto JJ). 2 ‘The reservation to this Court by the Constitution of the jurisdiction in all matters in which the named constitutional writs or an injunction are sought against an officer of the Commonwealth is a means of assuring to all people affected that officers of the Commonwealth obey the law and neither exceed nor neglect any jurisdiction which the law confers on them’: Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476, [104] (Gaudron, McHugh, Gummow, Kirby and Hayne JJ). -
Understanding Your Court System
Understanding Your Court System An Informational Guidebook to the Nineteenth Judicial Circuit Provided by the Judges of the Nineteenth Judicial Circuit of Lake County, Illinois Produced by the Administrative Office of the Nineteenth Judicial Circuit 2015 A Message from the Circuit Judges of the Nineteenth Judicial Circuit We in the United States are blessed to have a judicial system founded upon democratic principle. Our system of justice provides us with a peaceful and orderly method to resolve civil disputes, adjudicate criminal cases, impose punishment upon the guilty, and protect civil rights. The judges who hear cases bear the awesome duty to uphold the Constitution of the United States and the Constitution of the State of Illinois and to interpret and enforce our laws in individual cases. To meet the responsibilities imposed upon the court system, the judges and staff of the Nineteenth Judicial Circuit Court, Lake County, are committed to maintaining a court system that meets the highest standards of judicial performance. We endeavor to process cases in a timely and expeditious fashion; we pledge to reach decisions in a fair and just manner; and we strive to maintain our independence while remaining accessible and accountable to those we serve. A well informed public is essential to keeping our court system strong. The purpose of this booklet is to provide you with information about how our courts work and to give you an understanding of the duties and responsibilities of those who work in the court system. We hope that the information in this booklet will promote a better understanding of the court system and will inspire a greater public trust and confidence in the work of the judiciary. -
Approved Plans to Restart Jury Trials - Listed by Court
Approved Plans to Restart Jury Trials - Listed by Court A Panel of the Supreme Court of Virginia has approved the following plans: • Accomack Circuit Court • Gloucester Circuit Court • Pittsylvania Circuit Court • Albemarle Circuit Court • Goochland Circuit Court • Portsmouth Circuit Court • Alexandria Circuit Court • Grayson Circuit Court • Powhatan Circuit Court • Alleghany Circuit Court • Greene Circuit Court • Prince Edward Circuit Court • Amelia Circuit Court • Greensville Circuit Court • Prince George Circuit Court • Amherst Circuit Court • Halifax Circuit Court • Prince William Circuit Court • Appomattox Circuit Court • Hampton Circuit Court • Pulaski Circuit Court • Arlington Circuit Court • Hanover Circuit Court • Radford Circuit Court • Augusta Circuit Court • Henrico Circuit Court • Rappahannock Circuit Court • Bath Circuit Court • Henry Circuit Court • Richmond Circuit Court • Bedford Circuit Court • Highland Circuit Court • Richmond County Circuit • Bland Circuit Court • Hopewell Circuit Court Court • Botetourt Circuit Court • Isle of Wight Circuit • Roanoke City Circuit Court • Bristol Circuit Court • James City • Roanoke County Circuit Court • Brunswick Circuit Court County/Williamsburg Circuit • Rockbridge Circuit Court • Buchanan Circuit Court Court • Rockingham Circuit Court • Buckingham Circuit Court • King George Circuit Court • Salem Circuit Court • Buena Vista Circuit Court • King William Circuit Court • Scott Circuit Court • Campbell Circuit Court • King and Queen Circuit Court • Shenandoah Circuit Court • Caroline -
WHICH COURT IS BINDING?1 Binding Vs
WHICH COURT IS BINDING?1 Binding vs. Persuasive Cases © 2017 The Writing Center at GULC. All rights reserved. You have found the perfect case: the facts are similar to yours and the law is on point. But does the court before which you are practicing (or, in law school, the jurisdiction to which you have been assigned) have to follow the case? Stare decisis is the common law principle that requires courts to follow precedents set by other courts. Under stare decisis, courts are obliged to follow some precedents, but not others. Because of the many layers of our federal system, it can be difficult to figure out which decisions bind a given court. This handout is designed to help you determine which decisions are mandatory and which are persuasive on the court before which you are practicing. Binding versus Persuasive Authority: What’s the Difference? • Binding authority, also referred to as mandatory authority, refers to cases, statutes, or regulations that a court must follow because they bind the court. • Persuasive authority refers to cases, statutes, or regulations that the court may follow but does not have to follow. To get started, ask yourself two questions: 1) Are the legal issues in your case governed by state or federal law? and 2) Which court are you in? Once you know the answers to these questions, you are well on your way to determining whether a decision is mandatory or persuasive. Step 1: Are the Legal Issues in Your Case Governed by Federal or State Law? First, a lawyer needs to know the facts and issues of the case. -
The Political Question Doctrine: Justiciability and the Separation of Powers
The Political Question Doctrine: Justiciability and the Separation of Powers Jared P. Cole Legislative Attorney December 23, 2014 Congressional Research Service 7-5700 www.crs.gov R43834 The Political Question Doctrine: Justiciability and the Separation of Powers Summary Article III of the Constitution restricts the jurisdiction of federal courts to deciding actual “Cases” and “Controversies.” The Supreme Court has articulated several “justiciability” doctrines emanating from Article III that restrict when federal courts will adjudicate disputes. One justiciability concept is the political question doctrine, according to which federal courts will not adjudicate certain controversies because their resolution is more proper within the political branches. Because of the potential implications for the separation of powers when courts decline to adjudicate certain issues, application of the political question doctrine has sparked controversy. Because there is no precise test for when a court should find a political question, however, understanding exactly when the doctrine applies can be difficult. The doctrine’s origins can be traced to Chief Justice Marshall’s opinion in Marbury v. Madison; but its modern application stems from Baker v. Carr, which provides six independent factors that can present political questions. These factors encompass both constitutional and prudential considerations, but the Court has not clearly explained how they are to be applied. Further, commentators have disagreed about the doctrine’s foundation: some see political questions as limited to constitutional grants of authority to a coordinate branch of government, while others see the doctrine as a tool for courts to avoid adjudicating an issue best resolved outside of the judicial branch. Supreme Court case law after Baker fails to resolve the matter. -
Mandamus As a Remedy for the Denial of Jury Trial Nathan A
Mandamus as a Remedy for the Denial of Jury Trial Nathan A. Forrestert The Supreme Court has consistently stated that federal appel- late courts may issue the writ of mandamus as an interlocutory remedy only under "extraordinary" circumstances," to correct a lower court order that is "not mere error but usurpation of power."2 The Court has explained that mandamus cannot serve as a substitute for normal appeal and should be available "only where '3 appeal is a clearly inadequate remedy." Nevertheless, most federal courts of appeals now routinely use mandamus to compel the lower court to conduct a jury trial.4 These appellate courts typically cite two Supreme Court deci- sions-Beacon Theatres, Inc. v Westover5 and Dairy Queen, Inc. v Wood-as authority for the proposition that the denial of a jury trial is not subject to the traditionally strict standards for the availability of mandamus. The Seventh Circuit alone has inter- preted these decisions differently, holding that mandamus is the appropriate remedy only when the petitioner would be unable to appeal effectively the district court's denial of jury trial at the con- clusion of the trial.7 Although it has had the opportunity, the Su- preme Court has not yet resolved this circuit split.8 t B.S. 1988, University of Florida; J.D. Candidate 1992, The University of Chicago. Ex parte Fahey, 332 US 258, 260 (1947) ("As extraordinary remedies, they are re- served for really extraordinary causes."). 2 De Beers ConsolidatedMines, Ltd. v United States, 325 US 212, 217 (1945). 3 Fahey, 332 US at 260. -
Administrative Agencies and Claims of Unreasonable Delay: Analysis of Court Treatment
Administrative Agencies and Claims of Unreasonable Delay: Analysis of Court Treatment Daniel T. Shedd Legislative Attorney March 21, 2013 Congressional Research Service 7-5700 www.crs.gov R43013 CRS Report for Congress Prepared for Members and Committees of Congress Administrative Agencies and Claims of Unreasonable Delay Summary One common concern about federal agencies is the speed with which they are able to issue and implement regulations. Federal regulatory schemes can be quite complex, and establishing rules and completing adjudications can sometimes require substantial agency resources and significant amounts of time. However, critics point out that sometimes an agency can simply take too long to a complete task. Commentators and courts have noted that such agency delay can impact the effectiveness of a regulatory scheme. It can also impact regulated entities that must wait for final agency action. In some circumstances, a court may have to determine whether an agency has violated the law by unreasonable delay in taking action. Substantial case law has emerged for how courts will treat agency delay in a variety of circumstances. Under the Administrative Procedure Act (APA), agency actions must be completed “within a reasonable time.” Courts have jurisdiction under the APA to hear claims brought against an agency for unreasonable delay, and the APA provides that courts shall compel any action unreasonably delayed or unlawfully withheld. When an agency has delayed, but does not have to act by any statutorily imposed deadline, courts are more deferential to the agency’s priorities and are less willing to compel an agency to take action. However, if a delay becomes egregious, courts will compel an agency to take prompt action. -
The U.S. Circuit Court for the District of Columbia, 1801–1863
National Archives and Records Administration 700 Pennsylvania Avenue, NW Washington, DC 20408-0001 The U.S. Circuit Court for the District of Columbia, 1801–1863 After the seat of government moved to Washington DC, on December 1, 1800, Congress passed an act for the government of the Federal District on February 27, 1801 (2 Stat. 103). One part of this act created a circuit court for the District of Columbia. This court had the same powers vested in other circuit courts and consisted of one chief judge and two assistant judges, all three of whom were required to be residents of the District of Columbia. The act additionally provided the court with broader jurisdiction than that of the other circuit courts, since state and municipal courts did not exist in the new District. In 1838, the circuit court also served as an appellate court for the district court, the Orphans’ Court, and the Criminal Court. The court held sessions in both Washington and Alexandria counties until July 1846, when Congress returned Alexandria County to the State of Virginia. The circuit court operated until the Supreme Court for the District of Columbia assumed all of its functions in 1863. Records ___M1021, Minutes of the U.S. Circuit Court for the District of Columbia, 1801–1863. 6 rolls. DP. The minutes are a chronological record of the activities of the U.S. Circuit Court for the District of Columbia, showing dates of sessions; names of presiding judges, marshals, and clerks; and, usually, judgments and orders of the court arising from the litigation of original and appellate, civil, criminal, and admiralty cases before it.