Texas Rules of Appellate Procedure
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Collecting Money from a Small Claims Judgment
If the defendant is not present at the fies the defendant and his/her property. trial, the court will send a copy of the small claims judgment to the defendant. The • If you have the information described judgment will order the defendant to pay above, you can start the process for an you in full within 21 days or tell you and the order to seize property or for garnishment. court where s/he works and the location of his/her bank accounts. • If you don't have the information described above, you will need to order the 3. If the defendant doesn't pay the defendant to appear in court for questioning judgment as ordered, you will have to through a process called discovery. You can collect your money through a seizure of start this process by filing a discovery subpoena. property or a garnishment. Filing a Discovery Subpoena COLLECTING MONEY FROM A What Is Seizure of Property? You must wait 21 days after your small SMALL CLAIMS JUDGMENT Seizure of property is a court procedure claims judgment was signed before you can allowing a court officer to seize property file a discovery subpoena. Form MC 11, If you sued someone for money and belonging to the defendant which can be sold Subpoena (Order to Appear), can be used. received a judgment against that person, you to pay for your judgment. If you want to file a have the right to collect the money. request to seize property, you may use form Contact the court for an appearance date MC 19, Request and Order to Seize Property. -
Appeal/Grievance Process – Member Appeals Committee Responsible Party: T
_________________________________________ APPROVAL as appropriate: Board _________ Exec Dir _________ Med Dir _________ Other Dir/Mgr _________ _________________________________________ REVIEWED BY LEGAL COUNSEL Yes ___ No ___ Date: x Name: x __________________________________________ POLICY STATUS: _x__ Approved ___Pending Policy and Procedure Title: Appeal/Grievance Process – Member Appeals Committee Responsible Party: T. Rumler/S. Sinnett Div/Dept/Serv Area: Member Services Volume: III Number: INS.MS.001 Date of Issue: 6/93 Page 1 of 8 Formerly A2a.015 (7/08)/MS.001 (4/12) NCQA UM 8 A PURPOSE: The purpose of this policy is: 1. To document the role of the Member Appeals Committee in the grievance process of Group Health Cooperative of South Central Wisconsin (GHC-SCW). 2. To document the policies and procedures for thorough, appropriate and timely registering and resolution of member appeals. DEFINITIONS: 1. Adverse Determination means an adverse benefit determination [as defined in 29 CFR 2560.503-1], as well as any rescission of coverage, as described in § 147.128 (whether or not, in connection with the rescission, there is an adverse effect on any particular benefit at that time). 2. Appeal/Grievance means a request for GHC-SCW to review an Adverse Determination. 3. Post-Service Appeal means a request to change an Adverse Determination for care or services that have already been received by the member. 4. Pre-Service Appeal is a request to change an Adverse Determination for care or service that GHC-SCW must approve, in whole or in part, in advance of the member obtaining care or services. POLICY: 1. The Member Appeals Committee is the adjudicating body for GHC-SCW’s grievance process. -
District of Columbia Court of Appeals
District of Columbia Court of Appeals Nos. 11-FS-1217, 11-FS-1218, 11-FS-1255, 11-FS-1256, DEC - 8 2016 11-FS-1257, 11-FS-1258, 11-FS-1259 & 11-FS-1260 IN RE TA.L.; IN RE A.L.; IN PETITION OF R.W. & A.W.; IN RE PETITION OF E.A.; ADA-115-09; A.H. AND T.L. ADA-116-09; Appellants, NEG-235-08; ADA-172-09; ADA-173-09 On Appeal from the Superior Court of the District of Columbia BEFORE: WASHINGTON, Chief Judge; GLICKMAN, FISHER, BLACKBURNE- RIGSBY, THOMPSON, BECKWITH, EASTERLY, and MCLEESE, Associate Judges; and REID, Senior Judge. J U D G M E N T This case came to be heard on the transcript of record and the briefs filed, and was argued by counsel. On consideration whereof, and for the reasons set forth in the opinion filed this date, it is now hereby ORDERED and ADJUDGED that the judgment of the Superior Court is affirmed. For the Court: Dated: December 8, 2016. Opinion by Chief Judge Eric T. Washington. Associate Judge Anna Blackburne-Rigsby and Senior Judge Inez Smith Reid, joining in full; Associate Judge Phyllis D. Thompson, joining in Parts III and V (except for footnote 38) and the judgment; Associate Judges Stephen Glickman, John Fisher, and Roy McLeese, concurring in the judgment; and Associate Judges Corinne Beckwith and Catharine Easterly, joining in Parts III and IV, but dissenting from the judgment. Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. -
Expulsion and Censure Actions Taken by the Full Senate Against Members
Order Code 93-875 Expulsion and Censure Actions Taken by the Full Senate Against Members Updated November 12, 2008 Jack Maskell Legislative Attorney American Law Division Expulsion and Censure Actions Taken by the Full Senate Against Members Summary The authority of the United States Senate (as well as of the House) to establish the rules for its own proceedings, to “punish” its Members for misconduct, and to expel a Member by a vote of two-thirds of Members present and voting, is provided in the Constitution at Article I, Section 5, clause 2. This express grant of authority for the Senate to expel a Senator is, on its face, unlimited — save for the requirement of a two-thirds majority. In the context of what the Supreme Court has characterized as, in effect, an “unbridled discretion” of the body, expulsions in the Senate, as well as the House, have historically been reserved for cases of the most serious misconduct: disloyalty to the government or abuses of one’s official position. The Senate has actually expelled only 15 Members — 14 of those during the Civil War period for disloyalty to the Union (one of these expulsions was subsequently revoked by the Senate), and the other Senator during the late 1700s for disloyal conduct. The House of Representatives has expelled only five Members in its history, three during the Civil War period, one in 1980, and another in 2002, after convictions for bribery and corruption offenses related to official congressional duties. In the Senate, as well as in the House, however, other Members for whom expulsion was recommended have resigned from office prior to official, formal action by the institution. -
1 Certified for Publication in the Court Of
Filed 8/17/21 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CITY AND COUNTY OF SAN A160659 FRANCISCO, Plaintiff and Respondent, (City & County of San Francisco Super. Ct. No. CGC-18-569987) v. ALL PERSONS INTERESTED IN ORDER MODIFYING OPINION; THE MATTER OF PROPOSITION AND ORDER DENYING G (NOWAK), PETITION FOR REHEARING Defendants and Appellants. [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on July 26, 2021, be modified in the following particulars: 1. On page 4, line 17, the sentence beginning “By mid-November 2017” is deleted and replaced with the following sentence: By Autumn 2017, the District and Union were considering whether the parcel tax could be proposed as a citizens’ initiative. 2. On page 24, lines 3 and 4, the clause “Without disputing that Proposition G met the criteria set forth in the Charter” is deleted and replaced with the following clause: Without disputing that Proposition G met the criteria set forth in Section 14.101 of the Charter . Pollak, P.J., Tucher, J. and Brown, J. participated in the decision. 1 These modifications do not effect a change in the judgment. Appellant’s petition for rehearing is denied. Dated:___________________ _______________________ P.J. 2 Trial Court: City & County of San Francisco Superior Court Trial Judge: Hon. Ethan P. Schulman Counsel for Appellants: Greenberg Traurig: Bradley R. Marsh and Colin W. Fraser Counsel for Amicus Curiae Howard Jarvis Taxpayers Foundation; on behalf of Appellants: Jonathan M. Coupal, Timothy A. -
“Law of Precedent”
1 Summary of papers written by Judicial Officers on the subje ct: ªLAW OF PRECEDENTº Introduction :- A precedent is a statement of law found in the decision of a superior Court, which decision has to be followed by that court and by the courts inferior to it. Precedent is a previous decision upon which the judges have to follow the past decisions carefully in the cases before them as a guide for all present or future decisions. In other words, `Judicial Precedent' means a judgment of a Court of law cited as an authority for deciding a similar set of facts, a case which serves as authority for the legal principle embodied in its decision. A judicial precedent is a decision of the Court used as a source for future decision making. Meaning :- A precedent is a statement of law found in decision of a Superior Court. Though law making is the work of the legislature, Judges make law through the precedent. 2 Inferior courts must follow such laws. Decisions based on a question of law are precedents. Decisions based on question of facts are not precedents. Judges must follow the binding decisions of Superior or the same court. Following previous binding decisions brings uniformity in decision making, not following would result in confusion. It is well settled that Article 141 of the Constitution empowers the Supreme Court to declare the law and not to enact the law, which essentially is the function of the legislature. To declare the law means to interpret the law. This interpretation of law is binding on all the Courts in India. -
Examples of Meritorious Summary Judgment Motions
Examples of meritorious summary judgment motions By: Douglas H. Wilkins and Daniel I. Small February 13, 2020 Our last two columns addressed the real problem of overuse of summary judgment. Underuse is vanishingly rare. Even rarer (perhaps non-existent) is the case in which underuse ends up making a difference in the long run. But there are lessons to be learned by identifying cases in which you really should move for summary judgment. It is important to provide a reference point for evaluating the wisdom of filing a summary judgment motion. Here are some non-exclusive examples of good summary judgment candidates. Unambiguous written document: Perhaps the most common subject matter for a successful summary judgment motion is the contracts case or collections matter in which the whole dispute turns upon the unambiguous terms of a written note, contract, lease, insurance policy, trust or other document. See, e.g. United States Trust Co. of New York v. Herriott, 10 Mass. App. Ct. 131 (1980). The courts have said, quite generally, that “interpretation of the meaning of a term in a contract” is a question of law for the court. EventMonitor, Inc. v. Leness, 473 Mass. 540, 549 (2016). That doesn’t mean all questions of contract interpretation — just the unambiguous language. When the language of a contract is ambiguous, it is for the fact-finder to ascertain and give effect to the intention of the parties. See Acushnet Company v. Beam, Inc., 92 Mass. App. Ct. 687, 697 (2018). Ambiguous contracts are therefore not fodder for summary judgment. Ironically, there may be some confusion about what “unambiguous” means. -
Absolute Voting Rules Adrian Vermeule
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2005 Absolute Voting Rules Adrian Vermeule Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Adrian Vermeule, "Absolute Voting Rules" (John M. Olin Program in Law and Economics Working Paper No. 257, 2005). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 257 (2D SERIES) Absolute Voting Rules Adrian Vermeule THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2005 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=791724 Absolute Voting Rules Adrian Vermeule* The theory of voting rules developed in law, political science, and economics typically compares simple majority rule with alternatives, such as various types of supermajority rules1 and submajority rules.2 There is another critical dimension to these questions, however. Consider the following puzzles: $ In the United States Congress, the votes of a majority of those present and voting are necessary to approve a law.3 In the legislatures of California and Minnesota,4 however, the votes of a majority of all elected members are required. -
What Is a Summary Judgment Motion? Notice for Parties Who Do Not Have a Lawyer
What is a Summary Judgment Motion? Notice for Parties Who Do Not Have a Lawyer A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial. Here are some important things to know. What is summary judgment? Summary judgment is a way for one party to win their case without a trial. The party can ask for summary judgment for part of the case or for the whole case. What happens if I ignore the motion? If you do not respond to the summary judgment motion, you can lose your case without the judge hearing from you. If you are the plaintiff or petitioner in the case, that means that your case can be dismissed. If you are the defendant or respondent, that means the plaintiff or petitioner can get everything they asked for in the complaint. How do I respond to a summary judgment motion? You can file a brief and tell the judge about the law and the facts that support your side of the case. A brief is not evidence and the facts that you write about in your brief need to be supported by evidence. You can file sworn affidavits, declarations, and other paperwork to support your case. An affidavit or declaration is a sworn statement of fact that is based on personal knowledge and is admissible as evidence. If you are a plaintiff or petitioner, you cannot win a summary judgment motion just by saying what is in your complaint. Instead, you need to give evidence such as affidavits or declarations. -
![Chap. 8.] REMEDIES for WRONGS in COMMON LAW COURTS](https://docslib.b-cdn.net/cover/8182/chap-8-remedies-for-wrongs-in-common-law-courts-308182.webp)
Chap. 8.] REMEDIES for WRONGS in COMMON LAW COURTS
Chap. 8.] REMEDIES FOR WRONGS IN COMMON LAW COURTS. 114 writ of consullation may also be, and is frequently, granted by the court with- out any action brought; when, after a prohibition issued, upon more mature consideration the court are of opinion that the matter suggested is not a good and sufficient ground to stop the proceedings below. Thus careful has the law been, in compelling the inferior courts to do ample and speedy justice; in preventing them from transgressing their due bounds; and in allowing them the undisturbed cognizance of such causes as by right, founded on the usage of the kingdom or act of parliament, do properly belong to their jurisdiction. CHAPTER VIII. OF WRONGS AND THEIR REMEDIES, RESPECTING THE RIGHTS OF PERSONS. THE former chapters of this part of our Commentaries having been employed in describing the several methods of redressing private wrongs, either by the mere act of the parties, or the mere operation of law; and in treating of the nature and several species of courts; together with the cognizance of wrongs or injuries by private or special tribunals, and the public ecclesiastical, military, and maritime jurisdictions of this kingdom; I come now to consider at large, and in a more particular manner, the respective remedies in the public and general courts of common law, for injuries or private wrongs of any denomina- tion whatsoever, not exclusively appropriated to any of the former tribunals. And herein I shall, first, define the several injuries cognizable by the courts of common law, with the respective remedies applicable to each particular injury: and shall, secondly, describe the method of pursuing and obtaining these reme- dies in the several courts. -
Supreme Court of the United States
Nos. 06-1195, 06-1196 IN THE Supreme Court of the United States LAKHDAR BOUMEDIENE, ET AL., Petitioners, v. GEORGE W. BUSH, ET AL., Respondents. KHALED A.F. AL ODAH, ET AL., Petitioners, v. UNITED STATES OF AMERICA, ET AL., Respondents. On Writ of Certiorari to the United States Court of Appeals for the District of Columbia BRIEF OF LEGAL HISTORIANS AS AMICI CURIAE IN SUPPORT OF PETITIONERS Michael J. Wishnie James Oldham Hope R. Metcalf (Counsel of Record) Allard K. Lowenstein St. Thomas More Professor International Human of Law & Legal History Rights Clinic—National Georgetown University Litigation Project Law Center Yale Law School 600 New Jersey Avenue, 127 Wall Street N.W. New Haven, CT 06510 Washington, D.C. 20001 (203) 432-1660 (202) 662-9090 Jonathan Hafetz Brennan Center for Justice at N.Y.U. School of Law 161 Avenue of the Americas, 12th Floor New York, NY 10013 (212) 998-6289 August 2007 Counsel for Amici i TABLE OF CONTENTS TABLE OF AUTHORITIES .................................................ii STATEMENT OF AMICI.....................................................1 SUMMARY OF ARGUMENT .............................................1 ARGUMENT.........................................................................3 I. At Common Law, Habeas Corpus Jurisdiction Followed the Jailer, Not the Detainee, to any Territory Under the De Facto Control of the Crown...................................................3 1. Habeas writs issued directly by the King’s Bench in Westminster to persons detained outside the realm of England. .........................................................................8 2. Habeas writs issued by English law courts located in overseas territories ...................................................12 II. The Writ Provided for Meaningful and Independent Judicial Inquiry Regarding the Factual Basis for Detention, Including Consideration of Additional Evidence. ...............16 A. At common law, judicial scrutiny was greatest outside the context of post-criminal convictions..........................17 B. -
Supreme Court of the United States ______
NO. 19-__ In the Supreme Court of the United States ________________ COLORADO DEPARTMENT OF STATE, Petitioner, v. MICHEAL BACA, POLLY BACA, AND ROBERT NEMANICH, Respondents. ________________ On Petition for Writ of Certiorari to the U.S. Court of Appeals for the Tenth Circuit ________________ PETITION FOR WRIT OF CERTIORARI ________________ PHILIP J. WEISER GRANT T. SULLIVAN Attorney General Assistant Solicitor General ERIC R. OLSON LEEANN MORRILL Solicitor General First Assistant Attorney Counsel of Record General Office of the Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 [email protected] (720) 508-6000 Counsel for Petitioner QUESTIONS PRESENTED Like most States, Colorado requires its presidential electors to follow the will of its voters when casting their Electoral College ballots for President. In the 2016 Electoral College, one of Colorado’s electors violated Colorado law by attempting to cast his presidential ballot for a candidate other than the one he pledged to vote for. Colorado removed him as an elector, declined to accept his ballot, and replaced him with an alternate elector who properly cast her ballot for the winner of the State’s popular vote, consistent with Colorado law. The removed elector later sued Colorado for nominal damages. The questions presented are: 1. Whether a presidential elector who is prevented by their appointing State from casting an Electoral College ballot that violates state law lacks standing to sue their appointing State because they hold no constitutionally protected right to exercise discretion. 2. Does Article II or the Twelfth Amendment forbid a State from requiring its presidential electors to follow the State’s popular vote when casting their Electoral College ballots.